FINAL MINUTES - 28 JULY 2015 - The Hills Shire · the Council Chambers on 28 July 2015 The is Page 2 of the Minutes of the Ordinary Meeting of The Hills Shire Council held on 28 July

MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 28 July 2015

The is Page 1 of the Minutes of the Ordinary Meeting of The Hills Shire Council held on 28 July 2015

ITEM SUBJECT PAGE ITEM-1 CONFIRMATION OF MINUTES 4

MAYORAL MINUTE 9/2015 – WIDENING OF SHOWGROUND ROAD 4

PETITIONS

COMMUNITY FORUM

4

5

ITEM-2 DA 1286/2015/HA - PROPOSED CASTLE TOWERS ENABLING WORKS - LOT 600 DP 1025421, NO. 6-14 CASTLE STREET, CASTLE HILL

7

ITEM-3 POST EXHIBITION - PLANNING PROPOSAL, NORTH ROCKS EMPLOYMENT PRECINCT AND B6 ENTERPRISE CORRIDOR ZONE (11/2015/PLP)

11

ITEM-4 POST EXHIBITION - DRAFT VOLUNTARY PLANNING AGREEMENT, 11-13 SOLENT CIRCUIT, BAULKHAM HILLS (17/2013/PLP)

14

ITEM-5 POST EXHIBITION - CASTLE HILL MAIN STREET PRECINCT CAR PARKING (FP173)

14

ITEM-6 FURTHER REPORT - PLANNING PROPOSAL SPURWAY DRIVE, BAULKHAM HILLS (10/2013/PLP)

12

ITEM-7 PLANNING PROPOSAL - CIRCA SENIORS LIVING (15/2015/PLP)

15

ITEM-8 RENAMING OF GRIEVE AVENUE, KELLYVILLE 18

ITEM-9 PROPERTY DEALINGS RELATING TO DEVELOPMENT MATTERS

16

ITEM-10 PURCHASE OF LAND FOR ROAD WIDENING AT 91-95 SAMANTHA RILEY DRIVE, KELLYVILLE

19


16


17

ITEM-13 MINUTES OF AUDIT COMMITTEE MEETING - 25 JUNE 2015

17

ITEM-14 PECUNIARY INTEREST REPORT- JULY 2015 17

MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in

the Council Chambers on 28 July 2015

The is Page 2 of the Minutes of the Ordinary Meeting of The Hills Shire Council held

on 28 July 2015

ITEM-15 MEMBERSHIP OF THE PARRAMATTA RIVER

CATCHMENT GROUP

19

ITEM-16 LICENCE – HILLS COMMUNITY AID 17

ITEM-17 LEASE – BUILDING C, GROUND FLOOR, 3

COLUMBIA COURT, BAULKHAM HILLS

17

ITEM-18 LEASE - UNIT 6, 3 GIBBON ROAD, WINSTON HILLS 18

ITEM-19 THE HILLS MEN'S SHED 19

ITEM-20 APPLICATIONS FOR DONATIONS UNDER SECTION

356 OF THE LOCAL GOVERNMENT ACT - JULY 2015

18

ITEM-21 APPOINTMENT OF LOCAL CONTROLLER - THE

HILLS SES UNIT

20

ITEM-22 INFORMATION AND STATUS REPORTS 18

QUESTIONS WITHOUT NOTICE 20

CLOSED COUNCIL 21

ITEM-23 COMPULSORY ACQUISITION OF 68 ARNOLD

AVENUE, KELLYVILLE

21

ITEM-24 LEASE BUILDING B, LEVEL 3, 3 COLUMBIA COURT,

BAULKHAM HILLS

22

MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held

in the Council Chambers on 28 July 2015

The is Page 3 of the Minutes of the Ordinary Meeting of The Hills Shire Council

held on 28 July 2015

352 PRESENT

Clr A C Jefferies (Mayor, in the Chair)

Clr Dr M R Byrne Adjunct Professor (Deputy Mayor)

Clr Dr P J Gangemi Clr R K Harty OAM

Clr A J Hay OAM

Clr A N Haselden

Clr Y D Keane

Clr Dr J N Lowe

Clr R A Preston

Clr M O Taylor

Clr M G Thomas

Clr R M Tracey

353 TIME OF COMMENCEMENT

7.05pm

354 TIME OF COMPLETION

9.35pm

355 DECLARATIONS OF INTEREST

Item 16 Councillor Dr Byrne Adjunct Professor (declared a non-pecuniary and less

than significant conflict of interest and remained in the room).

356 ARRIVALS AND DEPARTURES

8.41pm Councillor Taylor left the meeting and returned at 8.42pm during Item 5.

9.00pm Councillor Thomas left the meeting and returned at 9.05pm during Item 8.

9.14pm Councillor Dr Lowe left the meeting for Item 15 and returned at 9.15pm

during Item 19.

9.15pm Councillor Thomas left the meeting for Item 19 and returned at 9.31pm

during Item 23.

357 DISSENT FROM COUNCIL'S DECISIONS

Nil.

358 ADJOURNMENT & RESUMPTION

Nil.





ITEM-1 CONFIRMATION OF MINUTES

A MOTION WAS MOVED BY COUNCILLOR DR BYRNE ADJUNCT PROFESSOR AND

SECONDED BY COUNCILLOR TAYLOR THAT the Minutes of the Ordinary Meeting of

Council held on 14 July 2015 be confirmed.

THE MOTION WAS PUT AND CARRIED.

359 RESOLUTION

The Minutes of the Ordinary Meeting of Council held on 14 July 2015 be confirmed.

MAYORAL MINUTE NO 9/2015 - WIDENING OF SHOWGROUND ROAD

A MOTION WAS MOVED BY COUNCILLOR JEFFERIES AND SECONDED BY COUNCILLOR

DR LOWE THAT

1. The State Government be congratulated for bringing forward this much needed

project.

2. Council adopts the recommendation as outlined in the attached report (ECM Doc No. 13936451) concerning the proposed lease over Lot 199 DP 75202.


360 RESOLUTION

1. The State Government be congratulated for bringing forward this much needed project.

2. Council adopts the recommendation as outlined in the attached report (ECM Doc No.

13936451) concerning the proposed lease over Lot 199 DP 75202.

PETITIONS

361 WINSTON HILLS MALL DEVELOPMENT

Councillor Taylor tabled a Petition from residents opposing the Winston Hills Mall

Development.

362 PASSIVE RECREATION AREA TO PERMANENT SPORTSGROUND - TURON AVENUE

RESERVE, CRESTWOOD

Councillors Harty OAM and Hay OAM tabled Petitions from residents objecting to

Council’s proposal to change Turon Avenue Reserve (between Lisgar Avenue and the

Crestwood Walk) from a passive recreation area to a permanent sportsground.





COMMUNITY FORUM

363 CENTENARY OF ANZACS

Mr Don Tait OAM spoke briefly on two matters:

The first being the Centenary of Anzacs which was a huge success! Mr Tait OAM said he

will never forget standing on the podium and looking down over those playing fields at the Centenary of Anzac Reserve and seeing 30,000 people looking back at him.

Mr Tait OAM said it was a very fitting occasion for us to remember those World War 1

Veterans that went from the Hills to represent our Community. Mr Tait OAM wanted to

thank Council for the assistance in providing suitable venues and the other support given

to the events for the Centenary. He said the support was crucial to the Centenary week

success and that it was very much appreciated by the Centenary of Anzac Hills Community Committee and the Hills Shire Community.

Mr Tait OAM singled out Councillors Dr Byrne Adjunct Professor and Dr Lowe who served

on the Committee for special thanks.

Mr Tait OAM also thanked the Councillors for their support and paid tribute to Council

Staff in particular The General Manager -David Walker, The Group Manager - John Dean,

Manager Community & Economic Development - Lori Modde, Senior Events Officer - Tara

Farr and Ward Manager – West Ward - Adrian Davis whose support and advice was

invaluable throughout the planning and the conduct of the Centenary Anzacs in the Hills.

The second matter Mr Tait OAM addressed was the performance of the 1812 Overture

that was scheduled to be held on 20 April, 2015 but had to be cancelled due to bad

weather. He expressed a desire to re schedule this performance at an appropriate time in the future.

Mr Tait OAM proposed that, together with Council’s support and continued assistance,

the performance of the 1812 Overture be held at Bella Vista Farm Park using the

permanent stage on Saturday the 14th of November 2015 and that it be linked to

Remembrance Day which is commemorated three (3) days earlier. Mr Tait OAM added

that The Youth Orchestra and the 1812 Centenary Coordinator are on board and the

Centenary of Hills Community Committee has given Council a cheque for $12,000 to

assist with the cost. Mr Tait OAM requested Council’s support and approval for the 1812 Overture performance being held on 14th November 2015.

In concluding, Mr Tait OAM again thanked Council for the support given to the Centenary

Week from 18th to 25th of April 2015 because without that support, he said, the Centenary commemoration event would not have been so successful.





364 CHANGES IN NORTH KELLYVILLE ZONING

Mr Joel Gray of North Kellyville advised that he had spoken previously at Community

Forum about a property at 11 Hezlett Road, Kellyville and thanked Council officers who confirmed that the property was Classified as R1 with the documentation sent to him.

Mr Gray asked two questions:

Given the R1 zoning of that property, retail facilities and business premises are

prohibited within that area. There are 16 neighbourhood shops, how are these going to be filled if these two items are prohibited in this area?

The Neighbourhood Shop definition states that convenience goods, such as food stuffs,

personal care products, newspapers and the like or ancillary services such as a post

office, bank or dry cleaner are permissible in this zoning. Given that there are 16 shops, what would the remaining shops consist of?

The Group Manager Environment & Planning replied that he did not know the specifics of

that development but often a development of mixed use nature will require further

development applications for individual uses and they will be required to comply with the zoning of the land.

Mr Gray advised that the Development Application submitted to Council for this property

indicates that there are 5 levels. It appears that the premises include a roof top terrace

and a basement level that exceeds 3 metres above the natural ground level. Would

these two levels not be added to the 5 levels and be counted as a 7 level development?

The Mayor requested Mr Gray to clarify the question.

Mr Gray advised that the Development Application submitted was for 5 Storeys with one

level being retail and the other four levels being residential. There was a roof top terrace

which was not presented as a 6 storey development and there is also a basement which

he believes should not exceed 1 metre above the ground floor level to be classed as a

basement.

The Group Manager Environment & Planning replied that the roof top terrace would not

be counted as a storey. In some of our DCPs if a basement is more than a metre above natural ground it can be counted as a storey.

Mr Gray asked even though you can stand on a Terrace’s roof, does that not count it as a storey?

The Group Manager Environment & Planning replied that was correct, it does not count

as a storey. There are also height limits that we would have reviewed in respect to any development so that is a further consideration as well as the number of storeys.

Mr Gray was asked if his concern was about the actual height or of how many storeys.

Mr Gray advised that he had conducted research of the area, and looked at the North

Kellyville Precinct Plan which indicated a maximum of 4 storeys was permissible in the

area. He felt that what was proposed, including the rooftop terrace, would encroach on

privacy issues with people in the area.





The Group Manager Environment & Planning commented that in respect of any

development application, Council needs to look at the Controls and the controls in either

the State Environmental Planning Policy or LEPs which set height limits. Council’s

Development Control Plans have often nominated numbers of storeys. Council has

assessed developments on their merit against those controls, but with respect to

whether someone is standing on a roof top constitutes another storey, no it doesn’t.

Does it add to the height as considered under the LEP? No it doesn’t. Merit issues such as these are considered in the assessment of any development application.

In response to Mr Gray’s question that if the roofing floor area is used in the assessment

for communal open space, doesn’t it count as a floor?, the Group Manager Environment

& Planning stated that generally a floor is something with a floor and a ceiling above it. That constitutes a floor of a building. A roof top terrace does not.

ITEM-2 DA 1286/2015/HA - PROPOSED CASTLE TOWERS

ENABLING WORKS - LOT 600 DP 1025421, NO. 6-14

CASTLE STREET, CASTLE HILL

A MOTION WAS MOVED BY COUNCILLOR DR LOWE AND SECONDED BY COUNCILLOR

HAY OAM THAT the Recommendation contained in the report be adopted.

THE MOTION WAS PUT AND CARRIED UNANIMOUSLY.

365 RESOLUTION

The Development Application be approved subject to the following conditions of consent.

GENERAL MATTERS

1. Development in Accordance with Submitted Plans

The development being carried out in accordance with the following approved plans and

details, stamped and returned with this consent except where amended by other

conditions of consent.

REFERENCED PLANS AND DOCUMENTS

DRAWING NO. DESCRIPTION REVISION

10001LXX_EN Substation/MDF & IBC Room – Location Plan Rev. B

40022LXX_EN Relocation of Coles Mech Plan - Elevations Rev. A

40030L4_EN Security Office – Elevations & Sections – Sheet 1 Rev. B

50002LXX_EN Substation – Sections and Elevations Rev. C

50005LXX_EN MDF & IBC – Floor Plans, Sections & Elevations Rev. B

50011LXX_EN Coles Loading Dock – Sections Rev. B

50021LXX_EN Relocation of Coles Mech Plant – Sections – Sheet 1 Rev. B

20021L3_EN Relocation of Coles Mech Plant – Floor Plan – Level 3 Rev. A

20030L4_EN Security Office – Floor Plan – Level 4 Rev. A

20011L1_EN Coles loading Doc – Floor Plan – Level 1 Rev. A

20003LXX_EN Substation – Floor/Roof Plan Rev. C

10025L4_EN Security Office – Location Plan Rev. A

10010L1_EN Coles Temporary Loading Dock Location Plan Rev. A

No work (including excavation, land fill or earth reshaping) shall be undertaken prior to

the issue of the Construction Certificate, where a Construction Certificate is required.





2. Provision of Parking Spaces

The provision and maintenance thereafter of 5506 on site car parking spaces.

3. Construction Certificate

Prior to construction of the approved development, it is necessary to obtain a

Construction Certificate. A Construction Certificate may be issued by Council or an

Accredited Certifier. Plans submitted with the Construction Certificate are to be amended

to incorporate the conditions of the Development Consent.

4. Building Work to be in Accordance with BCA

All building work must be carried out in accordance with the provisions of the Building

Code of Australia.

5. Protection of Public Infrastructure

Council must be notified of any damage to public infrastructure caused by the

development. Adequate protection must be provided prior to work commencing and

maintained during building operations. Any damage caused must be made good, to the

satisfaction of Council, before an Occupation Certificate can be issued. Public

infrastructure includes the road pavement, kerb and gutter, concrete footpaths, drainage

structures, utilities and landscaping fronting the site.

6. Minor Engineering Works

The design and construction of the engineering works listed below must be provided for

in accordance with the following documents and requirements:

a) Council’s Design Guidelines Subdivisions/ Developments

b) Council’s Works Specifications Subdivisions/ Developments

Any variance from these documents requires separate approval from Council.

Works on existing public roads or any other land under the care and control of Council

must be approved and inspected by Council in accordance with the Roads Act 1993 or

the Local Government Act 1993. A separate minor engineering works application and

inspection fee is payable as per Council’s Schedule of Fees and Charges.

i. Concrete Footpath Paving

The concrete footpath in Pennant Street shown on Drawing 50005LXX_EN Revision A

must be 1.2m wide and be constructed in accordance with the above documents under

the supervision of Council’s Construction Engineer.

ii. Site Stormwater Drainage

The development site area must be graded, collected and drained by pits and pipes to a

suitable point of legal discharge.

7. Acoustic Requirements

The recommendations of the Acoustic Assessment and Report prepared by WSP Pty Ltd,

referenced as Castle Towers Shopping Centre Enabling Works, dated 01/06/2015 and

submitted as part of the Development Application are to be implemented as part of this

approval. In particular:

- The installation of noise mitigation Kingspin insulated composite wall panels on

the inside of the open façade area fully enclosing loading dock 6 as illustrated in

Figure 4.

8. Endeavour Energy Requirements

The following condition is required by Endeavour Energy or as otherwise agreed by

Endeavour Energy and Council in writing:

a. The submission of an application for connection of load via Endeavour Energy’s

Network Connections Branch.





b. Access to the existing electrical infrastructure on and adjacent to the site is to be

maintained at all times.

c. When undertaking works on or in the vicinity of Endeavour Energy’s electricity

network, asbestos or asbestos containing materials (ACM) must be identified by a

competent person employed by or contracted to the applicant and an asbestos

management plan, including its proper disposal, is required whenever

construction works has the potential to impact asbestos or ACM.

d. All works are to be undertaken in accordance with Endeavour Energy’s Public

Safety Training Resources.

PRIOR TO WORK COMMENCING ON THE SITE

9. Principal Certifying Authority

A sign is to be erected in accordance with Clause 98 A (2) of the Environmental Planning

and Assessment Regulations 2000.

10. Builder and PCA Details Required

Notification in writing of the builder’s name, address, telephone and fax numbers to be

submitted to the Principal Certifying Authority prior to work commencing.

Two days before work commences, Council shall be notified of the Principal Certifying

Authority in accordance with the Regulations.

11. Management of Building Sites – Builder’s Details

The erection of suitable fencing or other measures to restrict public access to the site

and building works, materials or equipment when the building work is not in progress or

the site is otherwise unoccupied.

The erection of a sign, in a prominent position, stating that unauthorised entry to the

site is not permitted and giving an after-hours contact name and telephone number. In

the case of a privately certified development, the name and contact number of the

Principal Certifying Authority.

12. Consultation with Service Authorities

Applicants are advised to consult with Telstra, NBN Co and Australia Post regarding the

installation of telephone conduits, broadband connections and letterboxes as required.

Unimpeded access must be available to the electricity supply authority, during and after

building, to the electricity meters and metering equipment.

The building plans must be submitted to the appropriate Sydney Water office to

determine whether the development will affect Sydney Water’s sewer and water mains,

stormwater drains and/or easements. If the development complies with Sydney Water’s

requirements, the building plans will be stamped indicating that no further requirements

are necessary.

13. Approved Temporary Closet

An approved temporary closet connected to the sewers of Sydney Water, or alternatively

an approved chemical closet is to be provided on the land, prior to building operations

being commenced.

DURING CONSTRUCTION

14. Compliance with Critical Stage Inspections and Other Inspections

Nominated by the Principal Certifying Authority

Section 109E(3)(d) of the Act requires certain specific inspections (prescribed by Clause

162A of the Regulations) and known as “Critical Stage Inspections” to be carried out for

building work. Prior to permitting commencement of the work, your Principal Certifying





Authority is required to give notice of these inspections pursuant to Clause 103A of the

Regulations.

N.B. An Occupation Certificate cannot be issued and the building may not be able to be

used or occupied where any mandatory critical stage inspections or other inspections

required by the Principal Certifying Authority are not carried out.

Where Council is nominated as Principal Certifying Authority, notification of all

inspections required is provided with the Construction Certificate approval.

NOTE: You are advised that inspections may only be carried out by the PCA

unless by prior agreement of the PCA and subject to that person being an

accredited certifier.

15. Roof Water Drainage

Gutter and downpipes to be provided to the security office and connected to an approved

drainage system upon installation of the roof covering.

16. Standard of Works

All work must be carried out in accordance with Council’s Works Specification

Subdivisions/ Developments and must include any necessary works required to make the

construction effective. All works, including public utility relocation, must incur no cost to

Council.

17. Hours of Work

Work on the project to be limited to the following hours: -

Monday to Saturday - 7.00am to 5.00pm;

No work to be carried out on Sunday or Public Holidays.

The builder/contractor shall be responsible to instruct and control sub-contractors

regarding the hours of work. Council will exercise its powers under the Protection of the

Environment Operations Act, in the event that the building operations cause noise to

emanate from the property on Sunday or Public Holidays or otherwise than between the

hours detailed above.

18. Construction Noise

The emission of noise from the construction of the development shall comply with the

Interim Construction Noise Guideline published by the Department of Environment and

Climate Change (July 2009).

19. Replacement Planting

Replacement landscape planting is to be undertaken along the Pennant Street elevation

as shown on Plan 50005LXX_EN. The replacement planting is to comprise shrub species

which reach a mature height of 2-3 metres.

PRIOR TO ISSUE OF AN OCCUPATION CERTIFICATE

20. Completion of Engineering Works

An Occupation Certificate must not be issued prior to the completion of all engineering

works covered by this consent, in accordance with this consent.

21. Acoustic Compliance Report

The acoustic consultant shall progressively inspect the installation of the required noise

suppressant components as recommended in report titled Castle Towers Shopping

Centre Enabling Works – Noise Impact Assessment prepared by WSP Pty Ltd dated 1st

June 2015. Certification is to be provided.





Being a planning matter, the Mayor called for a division to record the votes on this

matter

VOTING FOR THE MOTION

Clr Jefferies

Clr Dr M R Byrne Adjunct Professor

Clr Harty OAM

Clr Hay OAM

Clr Tracey

Clr Thomas

Clr Dr Lowe

Clr Preston

Clr Taylor

Clr Keane

Clr Dr Gangemi

Clr Haselden

VOTING AGAINST THE MOTION

None

ITEM-3 POST EXHIBITION - PLANNING PROPOSAL, NORTH

ROCKS EMPLOYMENT PRECINCT AND B6

ENTERPRISE CORRIDOR ZONE (11/2015/PLP)

Proceeding in Brief

Tom Baxter of Rouse Hill addressed Council regarding this matter.

A MOTION WAS MOVED BY COUNCILLOR HASELDEN AND SECONDED BY COUNCILLOR

DR BYRNE ADJUNCT PROFESSOR THAT the Recommendation contained in the report be

adopted.


366 RESOLUTION

1. The planning proposal be forward to the Department of Planning and Environment for

finalisation to amend Local Environmental Plan 2012 in the following manner:

Rezone the North Rocks Industrial Precinct from IN1 General Industrial to B6

Enterprise Corridor;

Amend the minimum lot size in the North Rocks Precinct from 8,000m2 to

4,000m2;

Amend Schedule 1 – Additional Permitted Uses to permit General Industries,

Storage premises, Boat building and repair facilities, Depots, Industrial training

facilities, and Mortuaries on land zoned B6 Enterprise Corridor in the North Rocks

Employment Precinct only; and

Delete Shop top housing as a permitted use within the B6 Enterprise Corridor

zone and the associated objective.

2. Amendments to The Hills Development Control Plan 2012 Part B Section 7 –

Industrial (including post-exhibition amendments), be adopted and come into force

following the notification of the planning proposal.





3. The Draft North Rocks Employment Precinct Public Domain Plan (including post-

exhibition amendments) be adopted and come into force following the notification of

the planning proposal.


matter


Clr Jefferies


Clr Harty OAM

Clr Hay OAM

Clr Tracey

Clr Thomas

Clr Dr Lowe

Clr Preston

Clr Taylor

Clr Keane

Clr Dr Gangemi

Clr Hasleden


None

ITEM-6 FURTHER REPORT - PLANNING PROPOSAL

SPURWAY DRIVE, BAULKHAM HILLS

(10/2013/PLP)

Proceedings in Brief

Peter Smith of Baulkham Hills representing the residents in the local area addressed

Council regarding this matter.

A MOTION WAS MOVED BY COUNCILLOR THOMAS AND SECONDED BY COUNCILLOR

GANGEMI THAT the Planning Proposal not proceed to finalisation.

THE MOTION WAS PUT AND LOST.


matter



Clr Thomas

Clr Dr Lowe

Clr Preston

Clr Keane

Clr Dr Gangemi


Clr Jefferies

Clr Harty OAM

Clr Hay OAM





Clr Tracey

Clr Taylor

Clr Hasleden

Clr Jefferies (Casting)

A MOTION WAS MOVED BY COUNCILLOR TAYLOR AND SECONDED BY COUNCILLOR

HARTY OAM THAT the Recommendation contained in the report be adopted.


367 RESOLUTION

1. The planning proposal, as outlined in this report, be forwarded to the Secretary of

the Department of Planning and Environment seeking concurrence that the amended

proposal is now acceptable with respect to Direction 5.9 – North West Rail Link

Corridor Strategy under Section 117 of the Environmental Planning and Assessment

Act 1979.

2. Upon receiving concurrence from the Secretary of the Department of Planning and

Environment the planning proposal be progressed to finalisation, including the

following:

a. Increase the maximum permitted building height from 16 metres to a range of

between 18 metres and 36 metres;

b. Apply a maximum floor space ratio ranging from 1.5:1 to 3.2:1; and

c. Add a local provision which ensures that future development on the site does not

exceed a yield of 1,300 dwellings and that, in order to achieve this yield, must

comply with Council’s standards for apartment mix, apartment size and car

parking.

3. Draft The Hills Development Control Plan (Part D Section 7 – Balmoral Road Release

Area) (Attachment 2) be adopted, with commencement of these amendments to

occur following notification of the amendment to LEP 2012 on the NSW Legislation

website.


matter


Clr Jefferies


Clr Harty OAM

Clr Hay OAM

Clr Tracey

Clr Preston

Clr Taylor

Clr Hasleden


Clr Thomas

Clr Dr Lowe

Clr Keane

Clr Dr Gangemi

(A Rescission Motion has since been lodged in respect to this matter).





ITEM-4 POST EXHIBITION - DRAFT VOLUNTARY PLANNING

AGREEMENT, 11-13 SOLENT CIRCUIT, BAULKHAM

HILLS (17/2013/PLP)


SECONDED BY COUNCILLOR TAYLOR THAT the Recommendation contained in the report

be adopted.


368 RESOLUTION

Council enter into the Voluntary Planning Agreement, as per Attachment 1 and authorise

its Seal to be affixed to the Voluntary Planning Agreement.


matter


Clr Jefferies


Clr Harty OAM

Clr Hay OAM

Clr Tracey

Clr Thomas

Clr Dr Lowe

Clr Preston

Clr Taylor

Clr Keane

Clr Dr Gangemi

Clr Hasleden


None

8.41pm Councillor Taylor left the meeting and returned at 8.42pm during Item 5.

ITEM-5 POST EXHIBITION - CASTLE HILL MAIN STREET

PRECINCT CAR PARKING (FP173)


SECONDED BY COUNCILLOR HASELDEN THAT the Recommendation contained in the

report be adopted.


369 RESOLUTION

Amendments to Development Control Plan 2012 Part C Section 1 to reduce car parking

rates for restaurants and café in the Main Street Precinct of Old Northern Road, Castle

Hill be adopted.


matter






Clr Jefferies


Clr Harty OAM

Clr Hay OAM

Clr Tracey

Clr Thomas

Clr Dr Lowe

Clr Preston

Clr Taylor

Clr Keane

Clr Dr Gangemi

Clr Hasleden


None

ITEM-7 PLANNING PROPOSAL - CIRCA SENIORS LIVING

(15/2015/PLP)

A MOTION WAS MOVED BY COUNCILLOR PRESTON AND SECONDED BY COUNCILLOR DR

BYRNE ADJUNCT PROFESSOR THAT the Recommendation contained in the report be

adopted.

THE MOTION WAS PUT AND CARRIED UNANIMOUSLY

370 RESOLUTION

A planning proposal to amend Schedule 1 Additional Permitted Uses of The Hills Local

Environmental Plan 2012 to permit ‘seniors housing’ at 26, 28 and 30 Norbrik Avenue,

Bella Vista (Lots 1 and 2 DP1195652 and Lot 701 DP1198639) be forwarded to the

Department of Planning and Environment for Gateway Determination.


matter


Clr Jefferies


Clr Harty OAM

Clr Hay OAM

Clr Tracey

Clr Thomas

Clr Dr Lowe

Clr Preston

Clr Taylor

Clr Keane

Clr Dr Gangemi

Clr Hasleden


None





CALL OF THE AGENDA

A MOTION WAS MOVED BY COUNCILLOR HAY OAM AND SECONDED BY COUNCILLOR

HARTY OAM THAT Items 9, 11, 12, 13, 14, 16, 17, 18, 20 and 22 be moved by exception

and the recommendations contained in the reports be adopted.


371 RESOLUTION

Items 9, 11, 12, 13, 14, 16, 17, 18, 20 and 22 be moved by exception and the

recommendations contained in the reports be adopted.

ITEM-9 PROPERTY DEALINGS RELATING TO DEVELOPMENT

MATTERS

372 RESOLUTION

Council consent to:

1. The release of a variable width public access easement from the title of Lot 5090 DP

1003896, 17 to 19 Solent Circuit, Baulkham Hills and the Section 88B instrument

associated with the plan of easement be authorised for execution under Council seal.

2. The release of a restriction on the use of land from the title of Lot 20 DP 1002464

and Lots 100 and 101 DP 1186331, 109 to 129 Smallwood Road, Glenorie and the

request documents/ dealings be authorised for execution under Council seal.

3. The cancellation of a right of carriageway 4 metres wide from the title of Lot 114 DP

1164714, 6 Prentice Avenue, Kellyville and the request document/ dealing be

authorised for execution under Council seal.

ITEM-11 PURCHASE OF LAND FOR ROAD WIDENING AT 85-

89 SAMANTHA RILEY DRIVE, KELLYVILLE

373 RESOLUTION

1. Council agree to purchase Lot 21 in plan of acquisition DP 1208838, 85-89 Samantha

Riley Drive, Kellyville being land designated SP2 Road Widening for the price detailed

in the confidential memorandum (ECM Doc No 13921472) attached to this report

with a Contract, Deed & Transfer authorised for execution under seal.

2. Council classify Lot 21 in plan of acquisition DP 1208838 as “Operational Land” upon

acquisition to allow dedication as public road.

3. Upon acquisition, Lot 21 in plan of acquisition DP 1208838 be dedicated as Public

Road pursuant to Section 10 of the Roads Act 1993.







374 RESOLUTION

1. Council agree to purchase Lot 25 in plan of acquisition DP 1209308, 97-117

Samantha Riley Drive, Kellyville being land designated SP2 Road Widening for the

price detailed in the confidential memorandum (ECM Doc No 13921474) attached to

this report with a Contract, Deed & Transfer authorised for execution under seal.

2. Council classify Lot 25 in plan of acquisition DP 1209308 as “Operational Land” upon

acquisition to allow dedication as public road.

3. Upon acquisition, Lot 25 in plan of acquisition DP 1209308 be dedicated as Public

Road pursuant to Section 10 of the Roads Act 1993.

ITEM-13 MINUTES OF AUDIT COMMITTEE MEETING - 25 JUNE

2015

375 RESOLUTION

Council adopt the recommendations of the Audit Committee Meeting dated 25 June

2015.

ITEM-14 PECUNIARY INTEREST REPORT- JULY 2015

376 RESOLUTION

Council note the tabling of the Returns.

Councillor Dr Byrne Adjunct Professor having previously declared a non-pecuniary and

less than significant conflict of interest remained in the room.

ITEM-16 LICENCE HILLS COMMUNITY AID

377 RESOLUTION

Council agree to the Licence option with Hills Community Aid and Information Service

Inc. as detailed in this report.

ITEM-17 LEASE BUILDING C, GROUND FLOOR, 3 COLUMBIA

COURT, BAULKHAM HILLS

378 RESOLUTION

Council agree to the variation of leases of 3 months for the Ground floor of Building C,

Lot 1016, DP 1063033, 3 Columbia Court, Baulkham Hills, to Richardson Realty @

Baulkham Hills Pty Ltd, and Cubbyhouse Childcare Australia Pty Limited, on the terms

and conditions detailed in this report with a Variation of Lease authorised for execution

under seal.





ITEM-18 LEASE - UNIT 6, 3 GIBBON ROAD, WINSTON HILLS

379 RESOLUTION

Council agree to the take up of Options 1 & 2 (ECM Doc No 13931192) for the lease of

Unit 6, 3 Gibbon Road, Winston Hills on the terms and conditions detailed in this report

with lease/s authorised for execution under seal.

ITEM-20 APPLICATIONS FOR DONATIONS UNDER SECTION

356 OF THE LOCAL GOVERNMENT ACT - JULY 2015

380 RESOLUTION

The donations listed in summary table under Sporting/Cultural for Individual/Teams and

Room Hire Support are approved.

ITEM-22 INFORMATION AND STATUS REPORTS

381 RESOLUTION

1. The status of legal matters before all Courts as shown in the Attachments 1, 2 and 3

be noted (ECM Doc No 13873752, 13873799, 13873873 ).

2. The Status of Outstanding Resolutions as shown in the Attachment 4 be noted (ECM

Doc No. 13650449, 9650425, 9650435 and 10138601).

3. The Schedule of Questions and Answers at Council Meetings held in June 2015 shown

in the Attachment 5 be noted (ECM Doc No. 13808530, 13845455).

4. The Letters of Appreciation as shown in the Attachment 6 be noted (ECM Doc No.

13888101).

5. The status of Development Applications awaiting determination as shown in the

Attachment 7 be noted (ECM Doc No. 13903658).

6. The status of Development Applications involving variations to Development

Standards shown in the Attachment 8 be noted (ECM Doc No. 13921695).

9.00pm Councillor Thomas left the meeting and returned at 9.05pm during Item 8.

ITEM-8 RENAMING OF GRIEVE AVENUE, KELLYVILLE


SECONDED BY COUNCILLOR DR LOWE THAT the Recommendation contained in the

report be adopted.


382 RESOLUTION

1. Council rename the road ‘James Grieve Avenue’ and forward to the Geographical

Names Board for approval;

2. If no objection to the proposed road name be received from the Geographical Names

Board, Council then advertise the proposed road name of ‘James Grieve Avenue’;

3. Council notify affected owners of the proposed road name ‘James Grieve Avenue’;





4. If no objections to the proposal is received within one month of the advertised date,

Council proceed to gazette the new road name;

5. Should any objections be received, the matter be referred back to Council.



A MOTION WAS MOVED BY COUNCILLOR PRESTON AND SECONDED BY COUNCILLOR

THOMAS THAT the Recommendation contained in the report be adopted.


383 RESOLUTION

1. Council agree to purchase Lot 23 DP 1208839, 91-95 Samantha Riley Drive, Kellyville

being land designated SP2 Road Widening for the price detailed in the confidential

memorandum attached to this report (ECM No 13921473) with a Contract, Deed &

Transfer authorised for execution under seal.

2. Council classify Lot 23 DP 1208839 as “Operational Land” upon acquisition to allow

dedication as public road.

3. Upon acquisition, Lot 23 DP 1208839 be dedicated as Public Road pursuant to

Section 10 of the Roads Act 1993.

9.14pm Councillor Dr Lowe left the meeting for Item 15 and returned at 9.15pm

during Item 19.

ITEM-15 MEMBERSHIP OF THE PARRAMATTA RIVER

CATCHMENT GROUP

384 RESOLUTION

Council accept the invitation to join the Parramatta River Catchment Group and

nominate Councillor Haselden of The Hills Shire Council to attend Group meetings.

9.15pm Councillor Thomas left the meeting for Item 19 and returned at 9.31pm

during Item 23.

ITEM-19 THE HILLS MEN'S SHED

385 RESOLUTION

1. Council project manages and constructs the extension to the Hills Men’s Shed facility

at Eric Mobbs Reserve, Castle Hill.

2. Council manages procurement, project management and delivery of the project.

3. A maximum of $70,000 be provided for capital works by Council for the extension,

with full repayment (no interest) by the Hills Men’s Shed Inc. over the initial term of

Licence of five (5) years.

4. The 2014 Community Building Partnership (State Government) $60,000 grant

received by the Hills Men’s Shed be transferred to Council along with an additional

$20,000 from the Hills Men’s Shed Inc. as a funding contribution to the capital works.

5. Pursuant to Sections 46 and 47 of the Local Government Act 1993, a Licence be

entered into with The Hills Men’s Shed Incorporated as detailed in this report.





ITEM-21 APPOINTMENT OF LOCAL CONTROLLER - THE HILLS

SES UNIT

386 RESOLUTION

1. In accordance with Section 17 (1) of the State Emergency Services Act 1989, Council

endorse the recommendation from the Region Controller, Sydney Western Region,

that Ms Evelyn Lester be re-appointed as Local Controller for The Hills SES Unit for a

period of two years commencing on 1 August 2015.

2. Council recognises Evelyn Lester’s significant contribution to the Hills Shire.

QUESTIONS WITHOUT NOTICE

387 PASSING OF BRIAN DENT

Councillor Harty OAM requested a Letter of Condolence be sent to Margo Dent (Brian’s

wife) acknowledging his service to the community and the Hills Shire Council as a

Honorary Ranger for over twenty years. Mr Dent was a resident’s representative on the

Baulkham Hills Local Traffic Management Committee which put in place the plan for

Baulkham Hills Road and Gooden Drive, Baulkham Hills and also represented the

community of the M7 area Consultative Committee.

CLOSED COUNCIL

A MOTION WAS MOVED BY COUNCILLOR DR LOWE AND SECONDED BY COUNCILLOR DR

BYRNE ADJUNCT PROFESSOR THAT

1. The press and public be excluded from the proceedings of Closed Council in respect

of Items 23 and 24 pursuant to the relevant Clauses of Section 10A, Clause 2 of the

Local Government Act, 1993, as detailed in the following table.

2. Council withhold access to Items 23 and 24 in accordance with the following table

and Section 11(2) of the Local Government Act.

TABLE OF CONFIDENTIAL MATTERS

ITEM NO.: 23

SUBJECT: COMPULSORY ACQUISITION OF 68 ARNOLD AVENUE, KELLYVILLE

Associated Report: N/A

Reason for Confidentiality: Information that would, if disclosed, confer a commercial

advantage on a person with whom the Council is conducting

(or proposes to conduct) business.

Section: 10A(2)(c)

Public Interest On balance, the public interest in preserving the

confidentiality about the financial details regarding

compensation mentioned in the report outweighs the public

interest in maintaining openness and transparency in Council

decision making because the disclosure of this information

would put the council at a competitive disadvantage in its

negotiations preventing it from achieving a “best value for

money” outcome for the wider community.





ITEM NO.: 24

SUBJECT: LEASE BUILDING B, LEVEL 3, 3 COLUMBIA COURT, BAULKHAM

HILLS

Associated Report: N/A

Reason for Confidentiality: Information that would, if disclosed, confer a commercial

advantage on a person with whom the Council is conducting

(or proposes to conduct) business.

Section: 10A(2)(c)

Public Interest On balance, the public interest in preserving the

confidentiality about the financial and operational details of a

lease mentioned in the report outweighs the public interest

in maintaining openness and transparency in Council decision

making because the disclosure of this information would put

the Council at a competitive disadvantage preventing it from

achieving a “best value for money” outcome for the wider

community.

THE MOTION WAS PUT AND CARRIED

388 RESOLUTION

1. The press and public be excluded from the proceedings of Closed Council in respect

of Items 23 and 24 pursuant to the relevant Clauses of Section 10A, Clause 2 of the

Local Government Act, 1993, as detailed in the above table.

2. Council withhold access to Items 23 and 24 in accordance with the above table and

Section 11(2) of the Local Government Act.

9.29pm Council entered into Closed Session.

ITEM-23 COMPULSORY ACQUISITION OF 68 ARNOLD

AVENUE, KELLYVILLE

A MOTION WAS MOVED BY COUNCILLOR HAY OAM AND SECONDED BY COUNCILLOR DR

LOWE THAT the Recommendation contained in the report be adopted.


389 RESOLUTION

1. Council proceed with the compulsory acquisition of Lot 44 DP 224917, 68 Arnold

Avenue, Kellyville in accordance with the requirements of the Land Acquisition (Just

Terms Compensation) Act 1991.

2. Council submit the necessary application to the Minister for Local Government under

Section 187(2) of the Local Government Act 1993 to obtain approval from the

Governor in terms of Section 19 of the Land Acquisition (Just Terms Compensation)

Act 1991 for the publication of an Acquisition Notice in the NSW Government

Gazette.

3. Upon gazettal Council classify Lot 44 DP 224917 as “Community Land” and deemed

non-rateable pursuant to Section 556 of the Local Government Act 1993.





4. Council request the Minister for Local Government to approve a reduction in the

proposed acquisition notification period from 90 days to 7 days.

5. A Deed of Release and Request document notifying the Registrar General of the

proposed acquisition be authorised for execution under Seal.

ITEM-24 LEASE BUILDING B, LEVEL 3, 3 COLUMBIA COURT,

BAULKHAM HILLS

A MOTION WAS MOVED BY COUNCILLOR HARTY OAM AND SECONDED BY COUNCILLOR

DR LOWE THAT the Recommendation contained in the report be adopted.


390 RESOLUTION

Council agree to the leasing of Level 3, Building B, 3 Columbia Court, Baulkham Hills, to

Young Living Essential Oils (Aust) Pty Ltd (ACN 94 085 543 979) on the terms detailed in

this report with a lease authorised for execution under seal.

OPEN COUNCIL


SECONDED BY COUNCILLOR DR LOWE THAT the meeting resume in Open Council.


391 RESOLUTION

The meeting resume in Open Council.

At 9.32pm members of the gallery were invited back into the Council Chambers and the

Mayor advised that during Closed Council Two (2) resolutions were passed. The General

Manager read out the resolutions for Items 23 and 24.

The Minutes of the above Meeting were confirmed at the Meeting of the Council held on

11 August 2015.

MAYOR GENERAL MANAGER

Documents

FINAL MINUTES - 28 JULY 2015 - The Hills Shire · the Council Chambers on 28 July 2015 The is Page 2 of the Minutes of the Ordinary Meeting of The Hills Shire Council held on 28 July