27 July 2020 at 6:00 PM · 7/27/2020  · Clr Justine McLaughlin Clr Zac Miles Clr Ross Williams...

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Ordinary Meeting 27 July 2020 at 6:00 PM

Transcript of 27 July 2020 at 6:00 PM · 7/27/2020  · Clr Justine McLaughlin Clr Zac Miles Clr Ross Williams...

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Ordinary Meeting 27 July 2020 at 6:00 PM

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ORDER OF BUSINESS

Attendance, Apologies,

Declarations of Interests

1 Confirmation of Minutes

2 Business Arising

3 Reports

4 Other Business

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Item Page 3

HUNTER'S HILL COUNCIL ORDINARY MEETING OF COUNCIL

27 July 2020

INDEX

1 – CONFIRMATION OF MINUTES

1 Confirmation of Minutes of Ordinary Meeting 4481 held 22 June 2020

2 - MAYORAL MINUTES & REPORTS

2.1 Hunters Hill Day 1

3 - NOTICES OF MOTION INCLUDING RESCISSION MOTIONS

Nil

4 - COUNCIL REPORTS

4.1 LGNSW 2020 Annual Conference 2 4.2 Waste, Recyclables and Garden Organics Collection & Recycling Processing

Tender 5 4.3 Summary of Council investments as at 30 June 2020 14 4.4 Low Rise Housing Diversity Code: Commenced 1 July 2020 17 4.5 Ecopaddle 23 4.6 Applications determined by the Local Planning Panel in June 2020 27 4.7 Development Applications determined under Delegated Authority in June 2020 30 4.8 Development Applications determined by the Development Control Unit in June &

July 2020 47 4.9 Report of Legal Matters June - July 2020 56 4.10 Minutes of the Hunters Hill Local Area Traffic Committee held on 18 June 2020 63 4.11 Minutes of the Audit Risk and Improvement Committee held on 24 June 2020 77 4.12 Minutes of the Gladesville Main Street Committee Meeting held 21 May 2020 81 4.13 Minutes of Conservation Advisory Panel Meeting held 17 June 2020 87 4.14 Minutes from the Bushland Management Advisory Committee held 4 May 2020 93 4.15 Minutes of the Hunters Hill Art Exhibition Advisory Committee held on 23 June

2020 98 4.16 Minutes of the Hunters Hill Art Exhibition Advisory Committee held on 7 July 2020101 4.17 Council Meeting dates for Balance of 2020 105

5 - CORRESPONDENCE

Nil

6 - GENERAL BUSINESS

Nil

7 - QUESTIONS WITH NOTICE

Nil

8 - COUNCIL IN COMMITTEE OF THE WHOLE

8.1 Purchase of Land Lot 2 DP 302748 105 Pittwater Road Hunters Hill 108

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CONFIRMATION OF MINUTES Meeting 4482 - 27 July 2020

Minutes of the Ordinary Meeting held on 22 June 2020. This is page 1

COMMENCEMENT

The meeting opened with Acknowledgement of Country and Prayer at 6:18pm.

IN ATTENDANCE

The Mayor Councillor Mark Bennett, Deputy Mayor Councillor Jim Sanderson, Councillors Ben Collins, Elizabeth Krassoi, Justine McLaughlin, Zac Miles, and Ross Williams.

ALSO PRESENT

The General Manager Lisa Miscamble, the Director Development and Regulatory Services Steve Kourepis, Director Finance, Corporate Services (and Audio-Video Recording & web upload), Barry Husking, the Acting Director Finance & Corporate Strategy, Christina Pass (Minutes) and Nick Tobin, Special Project Officer.

APOLOGIES

No apologies were received.

DECLARATIONS OF INTEREST

Councillor Collins declared a non pecuniary, non significant interest in Item 4.6

CONFIRMATION OF MINUTES

128/20 RESOLVED on the motion of Clr Williams, seconded Clr McLaughlin

That the Minutes of Ordinary Meeting No. 4480, 2020 be confirmed.

RECORD OF VOTING

Yes Against

Mayor Mark Bennett

Deputy Mayor Jim Sanderson

Clr Ben Collins

Clr Elizabeth Krassoi

Clr Justine McLaughlin

Clr Zac Miles

Clr Ross Williams

MOVED on the motion of Clr Miles, seconded Clr Williams

That at 06:20 pm Item 4.7 be brought forward to be discussed prior to Item 2.1.

RECORD OF VOTING

Yes Against

Mayor Mark Bennett

Deputy Mayor Jim Sanderson

Clr Ben Collins

Clr Elizabeth Krassoi

Clr Justine McLaughlin

Clr Zac Miles

Clr Ross Williams

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CONFIRMATION OF MINUTES Meeting 4482 - 27 July 2020

Minutes of the Ordinary Meeting held on 22 June 2020. This is page 2

MAYORAL MINUTES & REPORTS

4.7 LICENCE AGREEMENT HAPPY HENS SOCIAL ENTERPRISE INCORPORATED

PROCEEDINGS IN BRIEF

The following addresses were read to Council:

Ms Emma Paxton (Supporter) Mr Leigh Coutman (Supporter) Ms Ann McGeown (Supporter) Ms Sara Vickers (Supporter) Ms Janet McIntosh (Supporter) Ms Pam Freeland (Supporter) Ms Sabina Fielding-Smith (Supporter)

129/20 RESOLVED on the Item 4.7 motion of Clr Miles, seconded Deputy Mayor Sanderson

1. That the report be received and noted.

2. That Happy Hens Social Enterprise be offered a 12 month licence agreement for the use of a portion of Gladesville Reserve.

3. That the Mayor and General Manager be delegated authority to sign and seal the Licence agreement.

4. That Council thank the Happy Hens for the service they provide to the community through their community garden.

RECORD OF VOTING

Yes Against

Mayor Mark Bennett

Deputy Mayor Jim Sanderson

Clr Ben Collins

Clr Elizabeth Krassoi

Clr Justine McLaughlin

Clr Zac Miles

Clr Ross Williams

2.1 MESSAGE OF CONDOLENCE - THE LATE RONDA BOYD

130/20 RESOLVED on the Item 2.1 motion of Mayor Bennett, seconded Deputy Mayor Sanderson

That the Minute be received and noted and a letter of condolence be forwarded to Ronda Boyd’s family.

RECORD OF VOTING

Yes Against

Mayor Mark Bennett

Deputy Mayor Jim Sanderson

Clr Ben Collins

Clr Elizabeth Krassoi

Clr Justine McLaughlin

Clr Zac Miles

Clr Ross Williams

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CONFIRMATION OF MINUTES Meeting 4482 - 27 July 2020

Minutes of the Ordinary Meeting held on 22 June 2020. This is page 3

2.2 PUBLIC SERVICE MEDAL (PSM) AWARDED TO MS JANE WYNTER.

131/20 RESOLVED on the Item 2.2 motion of Mayor Bennett, seconded Clr Williams That the Minute be received and noted and a letter of congratulations be forwarded to Ms Jane Wynter.

RECORD OF VOTING

Yes Against

Mayor Mark Bennett

Deputy Mayor Jim Sanderson

Clr Ben Collins

Clr Elizabeth Krassoi

Clr Justine McLaughlin

Clr Zac Miles

Clr Ross Williams

COUNCIL REPORTS

4.1 ADOPTION OF 2020/21 BUDGET, FEES & CHARGES, LONG-TERM FINANCIAL PLAN AND RATES & CHARGES

132/20 RESOLVED on the Item 4.1 motion of Clr Williams, seconded Deputy Mayor Sanderson

1. That the report be received and noted.

2. That that the 2020/21 Operational Plan attached to this report, including the 2020/21 budget, and 2021/22 to 2029/30 long-term forecasts be adopted.

3. That the 2020/21 fees and charges attached to this report be adopted.

4. That the following ordinary rates, special rates and waste charges be made for 2020/21:

Rate Description Rate in $ Minimum or Base

Amount

Ordinary Rates 2020/21

Residential 0.00096218 $574.06 Minimum

Business 0.00085478 $71.68 Base Amount

Strata Unit Residential 0.00096218 $574.06 Minimum

Strata Unit Business 0.00085478 $71.68 Base Amount

Business Maritime Lease 0.00085478 $71.68 Base Amount

Mixed Business Strata Unit 0.00085478 $71.68 Base Amount

Mixed Residential 0.00096218 $574.06 Minimum

Mixed Residential Strata Unit 0.00096218 $574.06 Minimum

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CONFIRMATION OF MINUTES Meeting 4482 - 27 July 2020

Minutes of the Ordinary Meeting held on 22 June 2020. This is page 4

Rate Description Rate in $

Minimum or Base or Ad Valorem

Amount

Rates 2020/21

Special Rates

Roads Infrastructure Residential

0.00002676 $34.69 Base Amount

Roads Infrastructure Business 0.00002676 $34.69 Base Amount

Environmental Residential 0.00001290 $15.90 Base Amount

Environmental Business 0.00001290 $15.90 Base Amount

Infrastructure Residential 0.00001819 $22.73 Base Amount

Infrastructure Business 0.00001819 $22.73 Base Amount

Community Facilities Residential

0.00002926 $20.52 Base Amount

Community Facilities Business 0.00002926 $20.52 Base Amount

Operational Special Rates Residential

0.00003213 Ad Valorem

Operational Special Rates Business

0.00003213 Ad Valorem

Waste Charges

2020/21 Excluding GST

GST Applies Y/N

Domestic Waste Service for full services including Red, Blue, Yellow and Green Bin and 2 x 2m3 Household kerbside collections per financial year

Waste – 80L Bin $390.00 N

Waste – 120L Bin $555.00 N

Waste – 120L Bin 2 Shared (Units Only) $280.00 N

Waste – 240L Bin $750.00 N

Waste – 240L Bin 2 Shared (Units Only) $375.00 N

Waste – 240L Bin 3 Shared (Units Only) $250.00 N

Domestic Waste Service for other services

Waste – Availability Charge (Vacant Land) $40.00 N

Extra Green Waste Service for 240L only $160.00 N

Extra Blue or Yellow Recycling Service for 120L or 240L $160.00 N

Commercial Waste Service for full services including Red, Blue and Yellow Bin

Waste – 120L Bin & Street Bin Service $975.00 N

Waste – 240L Bin & Street Bin Service $1,135.00 N

Waste – 120L Bin (Additional full Service) $520.00 N

Waste – 240L Bin (Additional full Service) $680.00 N

Commercial Waste Service for other services

Waste for Street Bin Service only $460.00 N

Green Waste Service for 240L only $160.00 N

Extra Blue or Yellow Recycling Service for 120L or 240L $160.00 N

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CONFIRMATION OF MINUTES Meeting 4482 - 27 July 2020

Minutes of the Ordinary Meeting held on 22 June 2020. This is page 5

RECORD OF VOTING

Yes Against

Mayor Mark Bennett

Deputy Mayor Jim Sanderson

Clr Ben Collins

Clr Elizabeth Krassoi

Clr Justine McLaughlin

Clr Zac Miles

Clr Ross Williams

4.2 SUMMARY OF COUNCIL INVESTMENTS AS AT 31 MAY 2020

133/20 RESOLVED on the Item 4.2 motion of Clr Miles, seconded Clr Collins

That the report be received and noted.

RECORD OF VOTING

Yes Against

Mayor Mark Bennett

Deputy Mayor Jim Sanderson

Clr Ben Collins

Clr Elizabeth Krassoi

Clr Justine McLaughlin

Clr Zac Miles

Clr Ross Williams

4.3 PARRAMATTA RIVER CATCHMENT GROUP MEETING HELD 4 JUNE 2020

134/20 RESOLVED on the Item 4.3 motion of Clr Williams, seconded Clr Krassoi

That the report be received and noted.

RECORD OF VOTING

Yes Against

Mayor Mark Bennett

Deputy Mayor Jim Sanderson

Clr Ben Collins

Clr Elizabeth Krassoi

Clr Justine McLaughlin

Clr Zac Miles

Clr Ross Williams

4.4 BOAT TRAILER PARKING POLICY – GAZETTAL OF DECLARED AREA

135/20 RESOLVED on the Item 4.4 motion of Clr Miles, seconded Deputy Mayor Sanderson

1. That By Order of the Council made by this resolution, that as described in the report being the whole of the Hunter’s Hill local government area and from the 26 June 2020 a declared area for the purpose of section 15A(1) of the Impounding Act 1993.

2. That the General Manager arrange for the publication of this Order in the Government Gazette and for the Order to contain detail of the area declared.

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CONFIRMATION OF MINUTES Meeting 4482 - 27 July 2020

Minutes of the Ordinary Meeting held on 22 June 2020. This is page 6

RECORD OF VOTING

Yes Against

Mayor Mark Bennett

Deputy Mayor Jim Sanderson

Clr Ben Collins

Clr Elizabeth Krassoi

Clr Justine McLaughlin

Clr Zac Miles

Clr Ross Williams

4.5 SYDNEY WATER LICENCES AT THORN ST HUNTERS HILL AND EARNSHAW

AND MARS ST GLADESVILLE- CANCELLATION OF AGREEMENTS

136/20 RESOLVED on the Item 4.5 motion of Clr Collins, seconded Clr Krassoi

1. That the General Manager advise Sydney Water it no longer wishes to occupy the licenced areas of Thorn St/Barons Cres Hunters Hill and Earnshaw St/Mars St Gladesville.

Original motion CARRIED

RECORD OF VOTING

Yes Against

Mayor Mark Bennett

Deputy Mayor Jim Sanderson

Clr Ben Collins

Clr Elizabeth Krassoi

Clr Justine McLaughlin

Clr Zac Miles

Clr Ross Williams

MOVED on the motion of Deputy Mayor Sanderson, seconded Clr Williams

An AMENDMENT to item 4.5 was moved by Clr Jim Sanderson seconded by Clr Ross Williams that: Council, in the process, be mindful of access to these lands by its residents. Amendment of item 4.5 LOST

RECORD OF VOTING

Yes Against

Deputy Mayor Jim Sanderson Mayor Mark Bennett

Clr Elizabeth Krassoi Clr Ben Collins

Clr Ross Williams Clr Justine McLaughlin

Clr Zac Miles

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CONFIRMATION OF MINUTES Meeting 4482 - 27 July 2020

Minutes of the Ordinary Meeting held on 22 June 2020. This is page 7

4.6 LICENCE AGREEMENT (12 MONTHS) FOR USE OF 42 AND 46 GLADESVILLE

ROAD HUNTERS HILL TO SYDNEY COMMUNITY SERVICES

137/20 RESOLVED on the Item 4.6 motion of Clr Williams, seconded Deputy Mayor Sanderson

1. That Council approve a 12 month licence for the Sydney Community Services to continue occupation of 42 and 46 Gladesville Road Hunters Hill in line with current licencing arrangements.

2. That the Mayor and General Manager be authorised to affix Council’s Seal to the Licence agreements.

RECORD OF VOTING

Yes Against

Mayor Mark Bennett

Deputy Mayor Jim Sanderson

Clr Ben Collins

Clr Elizabeth Krassoi

Clr Justine McLaughlin

Clr Zac Miles

Clr Ross Williams

Item - 4.7 Licence Agreement Happy Hens Social Enterprise Incorporated - has been moved to another part of the document.

4.8 MINUTES OF THE AUDIT RISK AND IMPROVEMENT COMMITTEE HELD ON 15

APRIL 2020

138/20 RESOLVED on the Item 4.8 motion of Clr Collins, seconded Clr Miles

That the Minutes be received and noted.

RECORD OF VOTING

Yes Against

Mayor Mark Bennett

Deputy Mayor Jim Sanderson

Clr Ben Collins

Clr Elizabeth Krassoi

Clr Justine McLaughlin

Clr Zac Miles

Clr Ross Williams

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CONFIRMATION OF MINUTES Meeting 4482 - 27 July 2020

Minutes of the Ordinary Meeting held on 22 June 2020. This is page 8

QUESTIONS WITH OR WITHOUT NOTICE

CONCLUSION The meeting concluded at 7:32. I confirm that these Minutes are a true and accurate record of Ordinary Meeting No. 4481 held on 22 June 2020.

............................................. ................................... Councillor Mark Bennett Lisa Miscamble MAYOR GENERAL MANAGER

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MAYORAL MINUTES & REPORTS 27 July 2020

Item 2.1 Page 1

ITEM NO : 2.1

SUBJECT : HUNTERS HILL DAY

STRATEGIC OUTCOME : COUNCIL ENCOURAGES A SENSE OF BELONGING AND CONNECTION TO THE LOCAL COMMUNITY

ACTION : SUPPORT AND FACILITATE COMMUNITY EVENTS/PROJECTS AND INITIATIVES THAT ENCOURAGE COMMUNITY PARTICIPATION

REPORTING OFFICER : MARK BENNETT

Ref:473439

.

RECOMMENDATION

That the report be received and noted.

Hunters Hill Day - celebrated each year on July 31 and is an opportunity to bring the community together to celebrate the location in which we are fortunate to live and build our connections with each other. This year our July 31, celebrations have been impacted by the spread of Covid-19 throughout the world and we will be celebrating in a different way. Further, many events in our annual calendar have been either cancelled or postponed which has been necessary but disappointing. Fortunately, in our Municipality there’s a strong sense of community built on shared values, shared history and the shared challenges we have faced together. Our social networks remain strong with our clubs, volunteer groups, churches, meeting places and community groups all making very important contributions to our lifestyle. In the future, our ability to work together in a cooperative way will have a lasting impact on the connectedness of our community and our ability to build new ways to connect with each other “face to face” will be an added challenge. Building a stronger community will rely on our awareness and ability to build community connections deliberately not accidentally. All the best for an enjoyable Hunters Hill Day 2020. ATTACHMENTS

There are no attachments to this report.

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COUNCIL REPORTS 27 July 2020

Item 4.1 Page 2

ITEM NO : 4.1

SUBJECT : LGNSW 2020 ANNUAL CONFERENCE

STRATEGIC OUTCOME : COUNCILLORS ARE SUPPORTED WITHIN A DEMOCRATIC GOVERNANCE FRAMEWORK

ACTION : PROVIDE PROFESSIONAL DEVELOPMENT OPPORTUNITIES FOR COUNCILLORS

REPORTING OFFICER : LISA MISCAMBLE

Ref:468148

PURPOSE

This report advises of the annual LGNSW Conference to be held from Sunday 22 to Tuesday 24 November at the Crowne Plaza Hunter Valley. The Annual Conference is the main policy making event for the local government sector. It is Council’s opportunity to submit motions for consideration and debate by delegates. Motions passed at Conference become Resolutions, which LGNSW takes forward, as part of the sectors advocacy agenda. The Conference also offers a professional development opportunity with a range of speakers on topics of relevance to the local government sector. RECOMMENDATION

1. That the report be received and noted. 2. That Council confirm the second voting delegate, in addition to the Mayor. 3. That the one (1) additional delegate, together with the Mayor and the General Manager (or

their delegate) attend the LGNSW Conference from Sunday 22 to Tuesday 24 November.

REPORT

Council at its meeting held on 23 October 2017, when considering Committee representation resolved that its voting representatives for the LGNSW Conference be the Mayor Cr Bennett (Voting) and Cr Williams (Voting).

The Conference will involve voting on motions which determine the policies and priorities for LGNSW and the sector and, eligible delegates, will vote in elections for the LGNSW Office Bearers and Board. Local Government NSW have advised that the deadline for submitting motions is midnight 28 September 2020. Voting Delegates – motions To vote on motions at the Conference, delegates must be an elected member of a council, county council, the Norfolk Island Regional Council (NIRC), a Related Local Government Body (RLGB) or an Administrator appointed in accordance with the Local Government Act 1993. Ordinary members and Associate members need to advise LGNSW of the name(s) of their nominated voting delegate(s) for voting on motions.

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COUNCIL REPORTS 27 July 2020

Item 4.1 Page 3

Members are required to advise LGNSW of the names of their nominated voting delegates by 12 noon (AEDT) on Tuesday 3 November 2020. Nominations received after this time/date cannot be accepted, however, a member may, subject to the LGNSW rules, notify LGNSW of a change to the name of an already nominated voting delegate (a substitute delegate) after this time/date (visit LGNSW website for information on substituting voting delegates). Voting delegates must be registered to attend the Conference and be registered as a nominated voting delegate. Voting entitlements The formula for calculating members’ voting entitlements is prescribed at rule 23 of the LGNSW rules. Hunter’s Hill Council is entitled to have two (2) voting members. Motions Council as a member of LGNSW is able to submit motions to the Conference. Motions are required to be submitted by 12 midnight (AEST) on Monday 28 September 2020.

Proposed motions should be strategic, affect members state-wide and introduce new or emerging policy issues and actions. When submitting motions, LGNSW has advised that members should familiarise themselves with the existing principles and positions of LGNSW on issues of importance to the sector, as members will be asked to identify if their motion is seeking a change to LGNSW’s existing policy position. FINANCIAL IMPACT ASSESSMENT

Set out below are the costs associated with attendance at the Conference:

DELEGATES FEES

Member Early Bird Registration (paid by 25 September 2020)* $840

Member Standard Registration (paid by 11 November 2020)* $940

Accommodation ($250 per night) $500

Conference Dinner Ticket (optional) $132

* Registration Fees (inclusive of GST) Dinner is not included in the overall registration cost and

is an optional added cost of $132. Members wanting to take advantage of the early bird rates,

who are uncertain of the names of Councillors attending, can still register and pay now and

confirm names later, provided they do so by 11 November (Delegates’ names and alterations to

delegates’ names can be completed online).

Council’s Payment of Expenses and Provision of Facilities to Councillors, Policy provides guidance on the number of delegates able to attend the LGNSW Conference as follows:

Clause 3: The maximum number of delegates and/or representatives attending an authorised conference, seminar, function shall be:

(a) In the case of the NSW Local Government Association Annual Conference – two delegates and two representatives.

Funds are allocated within the 2020 – 2021 Budget for professional development and conference attendance.

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COUNCIL REPORTS 27 July 2020

Item 4.1 Page 4

ENVIRONMENTAL IMPACT ASSESSMENT

There is no direct environmental impact on Council arising from Council consideration of this matter.

SOCIAL IMPACT ASSESSMENT

There is no direct social impact on Council arising from Council consideration of this matter. RISK ASSESSMENT

There are no direct or indirect risks impacting on Council arising from consideration of this matter. ATTACHMENTS

There are no attachments to this report.

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COUNCIL REPORTS 27 July 2020

Item 4.2 Page 5

ITEM NO : 4.2

SUBJECT : WASTE, RECYCLABLES AND GARDEN ORGANICS COLLECTION & RECYCLING PROCESSING TENDER

STRATEGIC OUTCOME : COUNCIL VALIDATES THE BENEFITS OF SUSTAINABLE LIVING AND SUPPORTS ADVANCED APPROACHES TO RESOURCE RECOVERY

ACTION : ENSURE WASTE COLLECTION SERVICE MEETS COMMUNITY EXPECTATIONS IN TERMS OF ACCESSIBILITY, EASE, FREQUENCY AND ACCOUNTABLE PRACTICE.

REPORTING OFFICER : BARRY HUSKING

Ref:467980

.

RECOMMENDATION

That:-

1 In accordance with clause 178(1)(b) of the Local Government (General) Regulation 2005 (LG Regulation), decline to accept any of the Tenders submitted in response to the Request for Tenders for waste and recycling collection and recycling processing services.

2 In accordance with 178(3)(e) of the Local Government (General) Regulations 2005, resolve to enter into negotiations with any person (whether or not the person was a tenderer) with a view to entering into a contract in relation to the subject matter of the tender.

3 In accordance with Regulation 178(4)(a) of the Local Government (General) Regulations 2005, Council’s reason for declining to invite fresh tenders or applications is that negotiation in the first instance is the most reasonable prospect of establishing an agreement with satisfactory terms and conditions that will benefit Council.

4 In accordance with Regulation 178(4)(b) of the Local Government (General) Regulations 2005, Council’s reasons for determining to enter negotiations with any person, is that the components within Council’s requirements may be split into separate parts to be delivered by a range of providers to benefit Council.

5 Council delegate to the General Manager authority to negotiate on behalf of Council and submit a further report to Council on the outcome of the negotiations.

SUMMARY

Council on behalf of Lane Cove and Hunters Hill Councils issued a Request for Tenders (768520) to procure Councils’ waste collection services via TenderLink on 13 May 2020 which closed on 17 June 2020.

The purpose of a combined Tender between the two Council’s is to provide best value to both organisations in procuring waste and recycling collection and recycling processing services. Whilst the Request for Tender (RFT) requires consistent pricing for both Council’s, each council would enter into a separate contract with each service provider.

The RFT, subject to this Tender Evaluation is for services including; Waste, Recyclables and Garden Organics Collection Services, Recyclables Processing Service, and Garden Organics Processing Services.

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COUNCIL REPORTS 27 July 2020

Item 4.2 Page 6

Two (2) Tenders were received and evaluated for Pricing and Non-pricing criteria. The following 2 Tenders were received:

URM Environmental Services Pty Ltd

SUEZ Recycling & Recovery Pty Ltd

Based on the Tenders received and in order to get the best financial and operational outcome for both Councils, the Tender Evaluation Panel recommends that Council decline and not accept any of the Tenders submitted in response to the RFT, and enter into negotiation with any contractor who can deliver the components of the service.

Lane Cove Council considered this matter at its meeting of 20 July 2020 and resolved as per the recommendations contained in this report.

BACKGROUND

Through a NSROC facilitated process, discussions were held with all the member Council’s in late 2019 about interest in participating in a regional waste and recycling collection contract to take advantage of cost sharing opportunities that a larger scale contract could deliver, in terms of economies and scale. Following these discussions only Lane Cove and Hunters Hill Councils were interested in pursuing a joint tender at this time. The waste collection and recycling contracts for both Lane Cove Council (LCC) and Hunters Hill Council (HHC) expire in October 2020 and November 2020 respectively. Following several contract extensions brought about by the NSROC Regional Waste Disposal Contract, the NSW Government’s Local Government Amalgamation process and more recently the China SWORD situation, a new and updated contract with a service provider (s) is necessary to meet the current and future needs of each community. This joint tender seeks to provide both councils with the opportunity to share costs associated with a joint tender process and to allow for a larger scale offering to be presented to the marketplace, in terms of an increased number of services and tonnages to be collected and processed, than would be presented separately. Notwithstanding the joint tender process, the Tender Evaluation Panel will evaluate and report individually to each Council. In turn each Council will consider and determine each aspect of the Tender in the best interest of its community. REPORT

A tender specification was prepared detailing the schedule of work, hours of work, safety requirements and reporting requirements. The tender submissions have been assessed on the following weighted criteria: - Fig.1- Non-Weighted and Weighted Criteria

Non-Weighted Criteria Outcome

Conformity of Proposal Pass/Fail

Insurance Pass/Fail

Financial Capacity Pass/Fail

Work Health and Safety Pass/Fail

Quality Standards Pass/Fail

Industrial Relations Pass/Fail

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Item 4.2 Page 7

To achieve the maximum score the tenderer is to provide details of an environmental policy and answer yes to all applicable questions in the Environmental Survey included in the tender specification and to provide details in their submission that they have an OHS Management Plan and work method statements.

Each Council advertised the joint Tender on their Website’s and on TenderLink on 13 May 2020. Tenders closed at 4.00pm on 17 June 2020, and Council received two submissions. Which were assessed and evaluated by the following panel members, comprising relevant staff from each Council, an independent observer and an expert consultant. The Tender Evaluation Panel (TEP) consisted of;

Arvind Lal – (waste contract expert/consultant - non-scoring member)

David Wilson (TEP Chair) - Lane Cove Council (scoring member)

Millie Saddleton - Lane Cove Council (scoring member)

Barry Husking - Hunters Hill Council (scoring member)

Susan Leahy –Head of Internal Audit – Ku-ring-gai Council (Probity Officer, non-scoring member)

The TEP’s Report is Confidential and has been circulated separately to all Councillors. The Probity Officers Report is attached.

CONCLUSION Based on the limited field of tenderers and pricing submitted which exceeds Council’s 2020/21

Budget, it may be beneficial to split the contract into separate parts to be delivered by a range of

providers to benefit Council. To achieve this, it is recommended in the first instance Council

reject all Tenders and enter into negotiations with any provider in respect of the waste and

recycling collection services and/or recycling services.

FINANCIAL IMPACT ASSESSMENT There is no direct financial impact on Council’s adopted budget as a result of the recommendations to this report. Financial aspects of the tender are contained in the confidential memorandum circulated separately. ENVIRONMENTAL IMPACT ASSESSMENT There is no direct environmental impact on Council arising from Council consideration of this matter. SOCIAL IMPACT ASSESSMENT There is no direct social impact on Council arising from Council consideration of this matter. RISK ASSESSMENT There are no direct or indirect risks impacting on Council arising from consideration of this matter. ATTACHMENTS

1. Probity Officers Report Waste Tender ⇩

Weighted Criteria Weighting

Tender Pricing – Commercial Offer 40%

Confidence in the Tenderer 10%

Service Methodology and KPIs 20%

Front Line Resources 20%

Support Resources 10%

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Item 4.3 Page 14

ITEM NO : 4.3

SUBJECT : SUMMARY OF COUNCIL INVESTMENTS AS AT 30 JUNE 2020

STRATEGIC OUTCOME : COUNCIL IS FINANCIALLY SUSTAINABLE

ACTION : PROVIDE TIMELY FINANCIAL INFORMATION, ADVICE AND REPORTS TO COUNCIL, THE COMMUNITY AND STAFF INCLUDING THE LONG TERM FINANCIAL PLAN

REPORTING OFFICER : MAY VILAYTHONG

Ref:468135

PURPOSE

The purpose of this report is to provide a summary of the performance of Council’s investments as at 30 June 2020. All investments are undertaken and reported in compliance with the requirements of the Local Government Act 1993, the Local Government (General) Regulation 2005 and Council’s policy on investments. RECOMMENDATION

That the report be received and noted.

REPORT

In accordance with Council’s Investment Policy, investments have been made to ensure the preservation of capital and to ensure there is sufficient liquidity to meet cash flow requirements. The investments have regular maturity dates and this prevents the unnecessary loss of income due to having to retire the investment before maturity. It is considered prudent to maintain this flexibility until future requirements and directions in terms of other revenue raising options have been determined. At present the investments have been made across several Financial Institutions to spread risk. The majority of Council’s investments are for a period of 90 days which are currently being invested for longer terms. Table 3 shows the monthly average rate of Council’s investment portfolio in comparison with average bank deposit rates. The 90 day bank bill average rate is an industry performance benchmark. Over the past 12 months, Council’s average rate of 1.44% is performing above the 90 day bank bill average rate of 0.70%.

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Item 4.3 Page 15

TABLE 1 - SUMMARY OF COUNCIL'S INVESTMENTS AS AT 30 JUNE 2020

Institution Reference Principal

Lodged Term Matures Rate

CBA Term Deposit $1,082,555.97

21-May-20 122 20-Sep-20 0.66%

CBA Term Deposit $521,030.34

11-May-20 91 10-Aug-20 0.61%

NAB Term Deposit $1,248,456.32

03-Mar-20 120 01-Jul-20 1.35%

NAB Term Deposit $1,236,682.98

01-Apr-20 120 30-Jul-20 1.26%

NAB Term Deposit $2,226,866.54

17-Jun-20 90 15-Sep-20 0.85%

NAB Term Deposit $1,007,372.39

25-May-20 91 24-Aug-20 0.92%

IMB Term Deposit $2,740,202.84

20-Feb-20 182 20-Aug-20 1.55%

AMP Term Deposit $2,100,000.00

24-Feb-20 182 24-Aug-20 1.85%

Macquarie Term Deposit $2,000,000.00

02-Mar-20 122 02-Jul-20 1.70%

Macquarie Term Deposit $1,000,000.00

05-Mar-20 182 03-Sep-20 1.65%

Macquarie Term Deposit $850,000.00

11-Mar-20 120 09-Jul-20 1.55%

CBA Term Deposit $6,075,878.63

21-May-20 122 20-Sep-20 0.01%

CBA At Call $1,082,555.97

0.66%

$22,089,046.02

CBA General $940,514.78

30.6.20 Bank Account Balance

Total

$23,029,560.80

Certification – Responsible Accounting Officer

June’s investments include the following restrictions. Table 2 - External Restrictions Actual as at

30 June 2020 Actual as at

30 June 2019

Developer contributions - S7.12 $1,572,824.98 $1,701,260.59

Specific purpose unexpended grants $1,090,096.60 $1,130,307.95

Domestic waste management $505,055.71 $505,055.71

Other special levies $1,636,130.02 $1,442,271.41

Total External Restrictions $4,804,107.32 $4,778,895.66

Internal Restrictions

Plant and vehicle replacement $388,665.55 $388,665.55

Employee leave entitlements $632,400.23 $632,400.23

Deposits, retentions and bonds $2,675,392.63 $2,760,145.13

Construction of building $249,130.00 $249,130.00

Office equipment & furniture $521,779.98 $692,856.25

Elections $106,082.73 $84,082.73

Insurance reserve $98,859.78 $98,859.78

Road Reconstruction $21,110.00 $87,067.4

Property strategy $106,462.25 $30,100.00

Sustainability Reserve $300,000.00 $300,000.00 Safety & welfare expenses OH&S Incentive

$18,391.88 $23,707.22

Other $53,111.00 $162,300.00

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Item 4.3 Page 16

Total Internal Restrictions $5,171,386.03 $5,509,314.29

Total Restrictions $9,975,493.35 $10,288,209.95 Note: The restricted asset balances shown above for 30 June 2019 are those from the 2018/19 financial statements. The balances shown for 30 June 2020 will be subject to adjustment as part of completing the 2019/20 financial statements.

Table 3 - Council's total portfolio by month

Portfolio 90 Day Bank

$ Rate Rate

Total Investment as at:

July 2019 $ 21,822,607 2.00 1.11

August 2019 $ 23,373,650 1.77 0.98

September 2019 $ 23,902,238 1.67 0.98

October 2019 $ 23,922,513 1.59 0.87

November 2019 $ 24,464,611 1.52 0.91

December 2019 $ 24,481,990 1.45 0.90

January 2020 $ 23,489,620 1.37 0.89

February 2020 $ 20,907,285 1.40 0.89

March 2020 $ 23,944,315 1.24 0.53

April 2020 $ 22,759,064 1.20 0.17

May 2020 $ 22,759,064 1.08 0.10

June 2020 $ 22,089,046 0.98 0.10

Average Rate

1.44 0.70

ATTACHMENTS

There were no attachments to this report.

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Item 4.4 Page 17

ITEM NO : 4.4

SUBJECT : LOW RISE HOUSING DIVERSITY CODE: COMMENCED 1 JULY 2020

STRATEGIC OUTCOME : MAINTAIN THE CHARACTER AND AMENITY OF HUNTERS HILL

ACTION : PREPARE AND REVIEW STRATEGIC LAND USE STRATEGIES, POLICIES AND PLANS, SUCH AS THE LEP AND DCP

REPORTING OFFICER : FIONA MANN

Ref:468082

PURPOSE

The purpose of the report is to:

a. Advise Council on the commencement of the Low Rise Housing Diversity Code on 1 July 2020,

b. Advise Council on the application of the Low Rise Housing Diversity Code (as made) in the Municipality, and

c. Update Council on its resolutions about the Low Rise Housing Diversity Code and the Housing Code.

RECOMMENDATION

That the report be received and noted. BACKGROUND

Background information on the genesis of the Low Rise Housing Diversity Code (the Low Rise Code) of the State Environmental Planning Policy (Exempt and Comply Development Codes) 2008 (the Codes SEPP), includes:

In April 2018, the NSW Government released the code for comment with a view for it to commence from July 2018.

Its commencement was deferred until 1 July 2019, in some 29 local government areas (LGA) across greater Sydney, in response to significant and valid concerns about the impact of the Code in local areas on the character of neighbourhoods, development density and design issues, on community participation and in light of the NSW Government’s requirements on strategic planning by State agencies and Councils in the Local Strategic Planning Statement process underway.

Its commencement was further delayed until 31 October 2019, and then until 1 July 2020.

Its commencement was delayed in the Municipality at all the above mentioned deferral dates.

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Item 4.4 Page 18

Council was a vocal opponent of the Code and considered a number of reports during 2018 and 2019, which resulted in submissions to the Minister for Planning and Public Spaces and the Department of Planning, Industry and Environment (DPIE) on the code (deferral) and Housing Code (exclusion) of the Codes SEPP,

The purpose of deferring the code until 31 October 2019 (at June 2019) was to allow for an independent review of the code to take place by Professor Roberta Ryan and Neil Selmon of the Institute for Public Policy and Governance at the Centre for Local Government (University of Technology Sydney). The review indicated broad support for increasing the diversity of housing in NSW, concern about the impact of the code on local character and potential legal action. It commented on the role of character statements as a local approach to inform housing design to support local environmental plan (LEP) and development control plan (DCP) planning. It recommended that DPIE work with Councils during the remaining LSPS preparation period to better address the code locally.

DPIE did not approach Council in response to the review, nor was the review raised at the various LSPS preparation meetings with the Greater Sydney Commission (GSC) and DPIE

The integration of the code with the LSPS process, did not have regard to the fact that not all Councils were addressing housing matters (e.g. housing study, design controls, housing forms, character statements) in conjunction with the LSPS adoption; and that some Councils would incorporate this policy as part of the LSPS implementation (and known by GSC and DPIE).

REPORT

In a letter received on 11 June 2020, the Minister for Planning and Public Spaces, the Hon. Robert Stokes, advised Council that the Low Rise Code would commence on 1 July 2020. The Low Rise Code is the new name of the code that was initially called the Low Rise Medium Density Code. See Attachment 1 for the Minister’s letter. The Low Rise Code’s amendment instrument was published in the Government Gazette on 26 June 2020. The amendment renames the Low Rise Code (Part 3B Low Rise Housing Diversity Code), revises some of the provisions and includes one additional housing development type (conversion of an existing dwelling to a dual occupancy) in the code. The Low Rise Code allows certain ‘low rise’ housing to be approved as Complying Development (complying development certificate) by a private certifier or a Council certifier on certain lands under the State-wide planning controls of the Codes SEPP, being: (a) Low rise housing development types:

New dual occupancies, manor houses and multi dwelling houses (terraces), in land use zones where they are permitted (with consent), and

Conversion of an existing dwelling to a dual occupancy, in land use zones where they are permitted (with consent).

(b) Certain lands, in the Municipality’s case:

Zone R2 Low Rise Residential for dual occupancies

Zone R3 Medium Density Residential for dual occupancies, multi dwelling housing (terraces) and manor houses

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(c) Certain lands generally, not applicable where they are acid sulphate soils, foreshore area, environmental sensitive and the like and in particular for the Municipality’s case,

Not a heritage item, and

Not within a conservation area. With the above in mind, the diagram below shows the lands in the Municipality where the Low Rise Code now applies. It applies to lands in the western half of the Municipality in parts of Gladesville, Henley, Hunters Hill, Huntleys Cove and Huntleys Point that are not a heritage item or in a conservation area. Of these lands that are zoned R2 Low Density Residential, dual occupancies could occur and for lands that are zoned R3 Medium Density Residential, multi dwelling houses (terraces) and manor houses could occur. In the R3 lands case, likely lands that might see Low Rise Code re-development are adjacent to Gladesville, Boronia Park and Hunters Hill centres. Diagram – Low Rise Code application in the Municipality (from 1 July 2020) Key: Zone R2 Low Density Residential Zone, shown as light pink Zone R3 Medium Density Residential, shown as dark pink

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The Low Rise Code does not apply to the majority of lands in the Municipality because of the conservation areas therefore it only applies to approximately 25% of lands. As a result Council is in a far better position than other Councils to address and control the low rise housing footprint in the Municipality.

Council considered the Low Rise Code on the following Council meeting dates, and in each case resolved to make submissions and representations on the deferral of the Low Rise Code and suspension/exemption of the Housing Code (Part 3) to the Minister for Planning and Public Spaces and DPIE:

28 May 2018 (report)

26 November 2018 (QWN)

11 June 2019 Now that the Minister for Planning and Public Spaces has acted to formalise the Low Rise Code with its commencement on 1 July 2020, Council may wish to further consider part of its resolution of 26 November 2018 as it relates to the Housing Code, which is a separate matter to the Low Rise Code. Council resolved, in part:

3. That in the event that the suspension of application of the Codes SEPP Part 3 Housing Code, as per point 1(a) above, not be in place in time for it commence from 1 March 2019, that Council reconsider its options including the preparation of a planning proposal for the LEP to include the entire Municipality of Hunter’s Hill in a heritage conservation area. (Part 1(a) of the resolution referred to the Minister suspending the Housing Code from 1 March 2019).

CONCLUSION

The Low Rise Code commenced on 1 July 2020. It is two years since the NSW Government first announced the Low Rise Code, and during its genesis there has been much concern about the impact of the code in LGAs across NSW. Council has sought to be excluded from the Low Rise Code due to valid concerns over its impact on the Municipality’s local character amongst other planning maters however the NSW Government decided to pursue the Low Rise Code as it was first proposed.

Council also considered the impact of the Housing Code in the Municipality, in conjunction with the Low Rise Code. Council may wish to further consider its resolution on the Housing Code, now that the Low Rise Code has been determined by the Minister for Planning and Public Spaces. FINANCIAL IMPACT ASSESSMENT There is no direct financial impact on Council’s adopted budget as a result of this report.

ENVIRONMENTAL IMPACT ASSESSMENT There is no direct environmental impact on Council arising from Council consideration of this matter.

SOCIAL IMPACT ASSESSMENT There is no direct social impact on Council arising from Council consideration of this matter.

RISK ASSESSMENT There are no direct or indirect risks impacting on Council arising from consideration of this matter.

ATTACHMENTS 1. Letter Minister Planning and Public Spaces Low Rise Housing Diversity

commencing 1 July 2020 ⇩

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Item 4.5 Page 23

ITEM NO : 4.5

SUBJECT : ECOPADDLE

STRATEGIC OUTCOME : COUNCIL VALIDATES THE BENEFITS OF SUSTAINABLE LIVING AND SUPPORTS ADVANCED APPROACHES TO RESOURCE RECOVERY

ACTION : CREATE STRONG PARTNERSHIPS WITH OUR COMMUNITY TO SUPPORT INNOVATIVE ATTITUDES TO SUSTAINABLE LIFESTYLES, WASTE MINIMISATION AND INCREASE REUSE AND RECYCLING OPPORTUNITIES

REPORTING OFFICER : BEC HO

Ref:465002

PURPOSE

The purpose of this report is to advise Council of the Ecopaddle initiative, and seek approval to enter into the lease to assist in establishing this community outcome. RECOMMENDATION

1. That the report be received and noted. 2. That Council enter into a lease with the RMS for community use of the boatshed at

Collingwood Street Woolwich. 3. That Council allocates funds of $2,000 for the 2020 – 2021 financial year from the

Better Waste Reduction Fund to assist Ecopaddle in their first year to establish their activities in the area, which includes $550 for lease fees and the purchase of two boards.

4. That Council advise Ecopaddle that this cost will be met for their first year of establishment, after which time the organisation will be responsible for payment of the lease costs charged by RMS.

5. That Council support Ecopaddle with promotion of this initiative and approves recognition of the partnership.

BACKGROUND

A key outcome of the Community Strategic Plan is to Maintain and Preserve our Environment. There are a number of identified actions in the CSP which look at ways to connect the community, including a commitment to sustainability and recovery of waste, and to increase access to the river. Earlier this year, Council was approached to help establish a grassroots waste education community who wish to make a difference on the Lane Cove River. This group has now been legally established as Ecopaddle. Ecopaddle are a community based club who enjoy paddling the Lane Cove River removing rubbish, conserving natural oyster beds and replanting local mangrove and seagrass beds. The group plan to collect the waste, and provide measurement of the waste through a unique recycling vessel. Ecopaddle intend to engage and activate the local community and educate on waste reduction in the River.

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Item 4.5 Page 24

REPORT

Ecopaddle requires a suitable venue that is accessible, safe, close to amenities and in fair condition. The RMS is offering a three year plus a further option to Council for community usage of the boat shed at Collingwood Street Woolwich at the annual cost of $550 per year. The RMS shed located off Collingwood Street was recently rebuilt following damage from a tree on the roof, and is in above average condition. It is one of the only sandy launches in the Hunters Hill LGA. A number of sheds were offered and inspected by Council Officers, and found to be unsatisfactory due to access and condition. The group will be open to local young people from the schools located along the Lane Cove River. In addition, local people will be invited to volunteer, connecting the community in an enjoyable and social way by paddling the river and removing rubbish, while making new connections. The Ecopaddle model is low cost, minimal exposure to Council with a good community and environmental outcome. To assist with the establishment, Council has funds available to pay the first year lease, and provide for signage for the shed, a clear large waste container that measures the waste collected, towards the Personal Flotation Devices (PFD) and other costs that may arise. Ecopaddle will supply volunteers with Stand Up Paddleboard that is customised with a waste container, or a kayak. This is the equipment that will be stored in the boat shed. In the second and subsequent years of the agreement, Council will on-forward the annual lease cost to Ecopaddle, who will raise funds through programs and grant submissions to expand and continue the program. The costs of running Ecopaddle are minimal. CONCLUSION

Council has been approached by an environmental group seeking to establish a waste education and volunteer program on the Lane Cove River. The proposed program is in line with Councils CSP outcomes, and is low cost and low risk. The Ecopaddle meets our CSP outcomes of Focus on the Community and Manage and Preserve the Environment. Entering a lease with RMS and funding the first year will assist Ecopaddle in the critical establishment of their organisation and mission to impact the Lane Cove River in a positive way and provide Council with an opportunity to support the environment. FINANCIAL IMPACT ASSESSMENT

Funds are available from within Budget Account No. 235174.132 $69,762 of which $25,696 (36.83%) has been expended as at 20 June 2020. It is proposed that Council will allocate $2000 from this fund to Ecopaddle for assistance with establishment, and the first 12 months lease fee. ENVIRONMENTAL IMPACT ASSESSMENT

There is a positive environmental impact from Council consideration of this matter. Ecopaddle are committed to removing waste from our waterways. SOCIAL IMPACT ASSESSMENT

There is a positive social impact on Council arising from Council consideration of this matter. RISK ASSESSMENT

There are no direct or indirect risks impacting on Council arising from consideration of this matter.

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ATTACHMENTS

1. Collingwood Street Boatshed ⇩ 2. Shed ⇩ 3. Woolwich Baths ⇩ 4. Inside shed ⇩

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COUNCIL REPORTS Meeting 4482 - 27 July 2020

Item 4.6 Page 27

ITEM NO : 4.6

SUBJECT : APPLICATIONS DETERMINED BY THE LOCAL PLANNING PANEL IN JUNE 2020

STRATEGIC OUTCOME : MAINTAIN THE CHARACTER AND AMENITY OF HUNTERS HILL

ACTION : ALL BUILDING WORK COMPLIES WITH COUNCIL REGULATIONS

REPORTING OFFICER : STEVE KOUREPIS

Ref:467776

PURPOSE

This report provides the outcome of determinations of Applications referred to the Local Planning Panel (LPP) in June 2020. The role of the Local Planning Panel is to determine Development Applications where submissions (10 and over) have been received and/or a Clause 4.6 (variation to Hunters Hill Local Environmental Plan 2012) has been received. Panel Members: The Hon. David Lloyd QC Mr Ron Edgar Mr Chris Young Mr Richard Quinn All reports presented to the LPP as shown below are available on the Council’s website http://www.huntershill.nsw.gov.au/lpp .

RECOMMENDATION

That the report be received and noted.

REPORT OF MEETING HELD 18 JUNE 2020

The table below sets out a summary of the determinations:

Development Application No. 2020-1041 Zone R2

Construction Certificate No. N/A Notification Yes

Applicant High Design on behalf of Hunter’s Hill Council

Value $305,655

Premises End of De Milhau Road, Hunters Hill

Landscaped Area NA

Classification (BCA) 10b Date lodged 13 April 2020

Assessing Officer Shahram Zadgan Determination Date 18 June 2020

Proposal Civil works proposed for De Milhau Road and Reserve.

Determination Deferred Commencement Approval

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That a “Deferred Commencement” consent be granted pursuant to Section 4.16 of the Environmental Planning and Assessment Act 1979. The development consent as contained in Schedule 2 shall not operate (or be issued) until such time as the matters contained in Schedule 1 are finalised to the satisfaction of Council. Schedule No.1

1. That consent for the proposed works is to be provided for Controlled Activity Approval (Concurrence) from the NSW Office of Water (Department of Primary Industries) to the satisfaction of Council.

Schedule No.2 That Development Application No.2020-1041 for civil works proposed at end of De Milhau Road and Reserve, be approved, subject the following conditions: Special Conditions:

1. A Foreshore Management Plan should be prepared by

a suitably qualified individual and should address weed removal and landscape revegetation. Species which are endemic to the subject sites locality should be incorporated into the landscape works.

A detailed Plant Schedule, including species by

botanical and common names, quantities,

container sizes and estimated size at maturity.

Species shall be endemic to the local area.

Details of planting procedures.

The noxious and environmental weeds will require removal prior to commencement of the development with additional maintenance to reduce further infestation. Particular care must be taken during site development not to remove or damage natural vegetation. This information is to be provided prior to the issue of the Construction Certificate. REASONS FOR DECISION

The Panel supports the findings contained in the assessment report and endorses the reasons for approval contained in the officer’s report.

RECORD OF VOTING

For Against

The Hon. David Lloyd QC

Mr Ron Edgar

Mr Chris Young

Mr Richard Quinn

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COUNCIL REPORTS Meeting 4482 - 27 July 2020

Item 4.6 Page 29

A report on Delegations for Minor Demolition Works involving Heritage Items was also considered by the Panel at this meeting under General Business. This was in response to a matter which was raised by the LPP Chair and Members, to clarify the intent of Schedule 1, Part 4(c) of the Directions as to what is considered demolition in regards to a heritage items. The Chair requested that Council Officers prepare a report to be considered at the next available LPP meeting, in order to expedite the process of the LPP. This is a consistent approach taken by other councils as well. The report recommended delegation to Council Officers to avoid referring minor applications involving heritage items to the Hunters Hill LPP that would generally not be regarded as sensitive development. Proposals involving major changes and/or demolition to a heritage items would continue to be referred to the Panel for determination. It was resolved that the recommendation not be adopted. The Chairpersons comments were as follows:

We have come to a decision and I should say that this issue came up at the prompting of the panel, bearing in mind that a similar type of delegation exists elsewhere (other councils).

However having listened to what has been said the decision of the panel and it is a majority decision, not a unanimous decision, is that the recommendation be not adopted. REASONS FOR DECISION

1. The unique character and special character of Hunters Hill itself which can’t be compared with those Council’s that have adopted this type of delegation

2. There seems to be no problem with the status quo 3. There is a real problem with the word “minor”

The record of voting is below:

RECORD OF VOTING

For Against

Mr Ron Edgar The Hon. David Lloyd QC

Mr Chris Young

Mr Richard Quinn

ATTACHMENTS

There were no attachments to this report.

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COUNCIL REPORTS Meeting 4482 - 27 July 2020

Item 4.7 Page 30

ITEM NO : 4.7

SUBJECT : DEVELOPMENT APPLICATIONS DETERMINED UNDER DELEGATED AUTHORITY IN JUNE 2020

STRATEGIC OUTCOME : MAINTAIN THE CHARACTER AND AMENITY OF HUNTERS HILL

ACTION : ALL BUILDING WORK COMPLIES WITH COUNCIL REGULATIONS

REPORTING OFFICER : STEVE KOUREPIS

Ref:464020

The purpose of this report is to advise of Development Applications determined under delegated authority for the period June 2020.

RECOMMENDATION

That the report be received and noted.

DELEGATED AUTHORITY

In accordance with Section 327 of the Local Government Act 1993, authority is hereby delegated to the Director, Development and Regulatory Services to exercise and perform those powers, duties and functions in line with the authority and limitations of that position. These include approval and refusal of Development Applications as per Section 10 of Hunter's Hill Council Delegations of Authority. REPORT

Development Application 2018/1114-1 Zone R2

Construction Certificate No. N/A Notification Yes

Applicant Anthony Elias Value $1,180,350

Premises 8 Gladstone Avenue Hunters Hill

Landscaped Area 50%

Classification (BCA) 1a Date lodged 16 April 2020

Assessing Officer Kerry Smith Determination Date 28 May 2020

Proposal

Alterations & additions to existing dwelling including Demolition of first floor and part ground floor. Construction of new part ground and first floor – s4.55 – relocation of stairs, windows and rooms

Determination Approval

Development Application 2020/1034 Zone R2

Construction Certificate No. N/A Notification Yes

Applicant Timothy Rowe Value N/A

Premises 14 Ferdinand Street Hunters Hill

Landscaped Area N/A

Classification (BCA) N/A Date lodged 25 Mar 2020

Assessing Officer Kerry Smith Catriona Mackenzie

Determination Date 19 May 2020

Proposal Removal of one (1) tree

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Item 4.7 Page 31

Determination Approve removal of Tree 2 Liquidambar Syraciflua (Liquidamber) The Liquidamber is identified as Tree 2 (T2) in the above Report. The Report also includes an assessment of a tree on the adjoining property to the north, 16 Ferdinand Street. This tree is also subject of an application (DA No.2020-1036) to Council seeking its removal. The Report includes a detailed analysis of the tree’s current physiological and structural condition indicating that despite the tree’s relatively good vitality, the presence of numerous physical features suggests the tree is entering a stage of structural decline. Future limb failures are likely to occur as the tree experiences natural limb loss. In this case, the tree is located between dwellings and could not be effectively managed and has a poor long-term prognosis as a safe amenity tree. 1. A minimum 75 - 100 litre tree is to be planted in the rear of

14 Ferdinand Street Hunters Hill.

2. Replacement planting is in accordance with Australian Standard 2303: Tree Stock for Landscape Use (2015).

3. The selected species of replacement tree shall:

achieve a minimum mature height of 12 metres.

be consistent with tree canopy species found in older

gardens of the Hunters Hill conservation areas

(NOTE: Araucaria bidwilli (Bunya pine), Erythrina x

sykesii (Coral Tree), Cinnamomum camphora

(Camphor Laurel), and weed species are not to be

planted).

4. Proof of purchase and planting in accordance with items

2, 3 and 4 above is to be provided to Council’s Landscape

Officer within 3 months of the approval to remove Tree 2

(Liquidamber).

Development Application 2020/1036 Zone R2

Construction Certificate No. N/A Notification Yes

Applicant Timothy Rowe (for Dr John Young)

Value N/A

Premises 16 Ferdinand Street, Hunters Hill

Landscaped Area N/A

Classification (BCA) N/A Date lodged 25 March 2020

Assessing Officer Kerry Smith Catriona Mackenzie

Determination Date 22 May 2020

Proposal Removal of one (1) tree

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Item 4.7 Page 32

Determination

Approve removal of Tree 1 Grevillia robusta (Silky oak) The Silky Oak is identified as Tree 1 (T1) in the above Report. The Report also includes an assessment of a tree on the adjoining property to the south, 14 Ferdinand Street. This tree is also subject of an application (DA No.2020-1034) to Council seeking its removal. The Report includes a detailed analysis of the tree’s current physiological and structural condition including observance of low tree vitality, a record of the numerous physical features and defects and use of advanced decay testing techniques to demonstrate the tree is structurally poor. The tree has a poor long-term prognosis as a safe amenity tree. 1. A minimum 75 - 100 litre tree is to be planted in the rear of

14 Ferdinand Street Hunters Hill.

2. Replacement planting is in accordance with Australian

Standard 2303: Tree Stock for

Landscape Use (2015). 3. The selected species of replacement tree shall:

achieve a minimum mature height of 12 metres.

be consistent with tree canopy species found in older

gardens of the Hunters Hill conservation areas

(NOTE: Araucaria bidwilli (Bunya pine), Erythrina x

sykesii (Coral Tree), Cinnamomum camphora

(Camphor Laurel), and weed species are not to be

planted).

4. Proof of purchase and planting in accordance with

items 2, 3 and 4 above is to be provided to Council’s

Landscape Officer within 3 months of the approval to

remove Tree 1 (Silky oak).

Development Application No. 2020/1018 Zone R2

Construction Certificate No. N/A Notification Yes

Applicant Richard Monckton Red Rock Design

Value $35,942

Premises 54 Prince Edward Street, Gladesville

Landscaped Area 60%

Classification (BCA) 1a Date lodged 31 Jan 2020

Assessing Officer Shahram Mehdizadgan Determination Date 12 May 2020

Proposal Alterations and additions including ground floor alterations and additions to rear of dwelling

Determination Approval

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Item 4.7 Page 33

Development Application No. DA 2020-1033 Zone R2

Construction Certificate No. N/A Notification Yes

Applicant Jason Guo Value N/A

Premises 8 The Point Road Woolwich

Garden Area N/A

Classification (BCA) N/A Date lodged 26 Mar 2020

Assessing Officer Anna Hopwood Determination Date 5 June 2020

Proposal Removal of one (1) tree and pruning of one (1) tree

Determination Approve removal of one (1) tree with three (3) replacement trees to be planted. Approve pruning of one (1) with Conditions imposed to limit the extent of the works. Tree 1 – Jacaranda mimosifolia (Jacaranda)

Mature tree located behind garage in front garden area and has moderate landscape significance

Application proposes removal of tree as it has been subject to multiply branch failures

Tree has been previously lopped with much of the crown comprising of mature epicormic growth with poor branch attachments

Supplied Arboricultural Report has used an outdated Tree Risk Assessment Methodology nonetheless the remaining branches have a significantly increased likelihood of branch failure

Tree removal supported with replacement planting to offset the loss of canopy resultant from tree removal

Applicant proposes replacement planting of there (3) advanced size Cupaniopsis anacardioides (Tuckeroo)

Tree 2 – Ficus rubiginosa (Port Jackson Fig)

Large, mature tree located on The Point Road frontage with high landscape significance

Pruning proposed to provide clearance to the garage

Branch to be pruned is terminally loaded and extends over garage

Application for pruning is supported with Conditions imposed to limit the extent of the works

The following tree may be pruned:

Tree Location Comments

Tree 2 Ficus rubiginosa (Port Jackson Fig)

The Point Rd frontage

1x 400 mm branch which extends over garage

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Item 4.7 Page 34

Determination The following replacement planting is required:

Location

Minimum container

size at purchase

No. of replacement plants required

Replacement tree Species

Between garage &

house 100L 3

Cupaniopsis anacardiodes (Tuckeroo)

Note 1: The replacement trees shall be planted at a sufficient distance from existing structures to minimize the potential for damage

Development Application No. 2020/1013 Zone R2

Construction Certificate No. N/A Notification Yes

Applicant Thomas Ellwood – Urban & Co

Value $450,000

Premises 39 The Point Road Woolwich

Landscaped Area 52%

Classification (BCA) 1a, 10, 10b Date lodged 23 Jan 2020

Assessing Officer Shahram Mehdizadgan Determination Date 19 May 2020

Proposal Alterations and additions to existing dwelling

Determination Refusal 1. The proposal does not satisfy the provisions of Section

4.15 of the Environmental Planning & Assessment Act 1979, particularly in relation to clauses (1)(a)(i), (iii), (b)(c)(d) and (e) for general matters of consideration of development applications.

2. The property is a heritage item in a Conservation Area

under Hunters Hill Local Environmental Plan 2012 and the application was forwarded to the Conservation Advisory Panel meeting of 19 February 2020, were:

The property is Heritage Item 317 ("Comus Villa"), is within Hunters Hill Conservation Area C1 ('The Peninsula') and within the vicinity of heritage items at 41-43, 45, 48, 38, 40, 42 and 44 The Point Road. It is proposed to make substantial alterations and additions to "Comus Villa". In order to more fully understand the proposal, it is considered that a site inspection, including the interiors of the buildings, is warranted. The Panel's initial observations are: The bulk of the proposed 3-car garage with dwelling over located near the street frontage of the property will have adverse impacts on the streetscape of Woolwich Road, the character of the conservation area and the setting of heritage items within the vicinity.

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Item 4.7 Page 35

Determination Refusal Alterations within the early fabric and spaces of "Comus Villa", should avoid inappropriate uses, such as the proposed kitchen, which will give rise to adverse interventions in the fabric and is more properly located in the proposed new addition works. The proposed verandah to the rear (north) of the original house is excessive in width and may obscure an understanding of the presentation of "Comus Villa" to the street.

On 3 March 2020, Council sent the applicant a letter advising of the above issues, however no amended plans have been received to date.

3. The subject application was referred to Council's Heritage

Advisor who provided the following comments:

An inspection was made on 18 March 2020 and the item was considered at the meeting following. The architectural plans dated 2 December 2019 Rev 06 have not been amended following the advice of the panel in February. Therefore, the panel's comments continue to be valid. The main contributors to the excessive bulk of the garage building are the width and height combined. The rooms proposed above the garage require the walls to be more than one metre higher to accommodate the ceiling heights than would otherwise be required for a garage. The higher walls would be visible from four sides as a dominating structure forward of the house. The wide balcony at the north elevation would accentuate the bulk of the structure. Reconstruction of the south and west verandah is supported. No representatives of the applicant attended the panel meetings. The overlap of the existing house by a breakfast room, large penetrations in the eastern wall and interventions caused by a kitchen could be avoided by setting the new wing further to the north to accommodate the breakfast room and kitchen in a wider flat roofed link between the new and the old buildings. The proposed interventions in these parts of the house negate the potential benefits derived from the proposed demolition of later walls to reinstate original spatial qualities.

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COUNCIL REPORTS Meeting 4482 - 27 July 2020

Item 4.7 Page 36

Determination Refusal

It is recommended that the application, in its present form, be refused.

4. The location of the proposed garage to the front of the

dwelling fails to comply with Part 3.6 under Hunters Hill Development Plan 2013, as car parking structures are required to be utilitarian structures, a secondary and subservient element at least setback 1m from the front of the dwelling. Also, the roof of the proposed garage is pitched and fails to comply with Design Principles: Form & Design under the DCP, and competes with the architecture of other dwellings within the streetscape, appearing as more of a two storey dwelling rather than a single flat/skillion roofed subservient garage structure. The size of the garage is excessive and is much larger than a normal sized garage, having a two storey appearance to the street, which would result in adverse streetscape impacts.

5. The proposal would create an undesirable precedent undermining Council's planning objectives. The proposal is contrary to the desired future character of the Municipality.

Development Application No. 2020/1012 Zone R2

Construction Certificate No. N/A Notification Yes

Applicant Robert Scappatura Value $1,124,308

Premises 48 Batemans Road Gladesville

Landscape Area 57%

Classification (BCA) 1(a), 10(a) & 10(b) Date lodged 23 Jan 2020

Assessing Officer Shahram Zadgan

Determination Date 27 May 2020

Proposal Demolition Of existing dwelling and construction of new dwelling

Determination Approval

Development Application No. 2020/1040 Zone R2

Construction Certificate No. Notification Yes

Applicant Duncan Taylor Value N/A

Premises 16 Milling Street Hunters Hill

Landscape Area N/A

Classification (BCA) N/A Date lodged 16 Apr 2020

Assessing Officer Anna Hopwood

Determination Date 19 May 2020

Proposal Removal of one (1) tree

Determination

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COUNCIL REPORTS Meeting 4482 - 27 July 2020

Item 4.7 Page 37

Determination Approve removal of one Cupressus sp. (Cypress) (1) tree with one (1) replacement tree to be planted

Tree 1 - Cupressus sp. (Cypress)

Located in front garden area directly adjacent to heritage-listed stone wall

Tree is of moderate landscape significance and contributes to the streetscape

Tree proposed for removal as it blocks light to the front of the house and undermines stone wall

Minor displacement of the stone wall noted which is likely the result of expansion of the tree’s roots system on the wall foundation

Ongoing damage likely to occur as the tree continues to grow

Application for tree removal is supported

Replacement planting required to offset the loss of canopy resultant from tree removal

The following replacement planting is required:

Location

Minimum container

size at purchase

No. of replacement

plants required

Replacement Tree Species

Front garden

area 25L 1

Acer palmatum (Japanese Maple) or Pyrus calleryana (Callery Pear) or Michelea doltsopa (Chinese Magnolia) or Betula nigra (River Birch) or Banksia serrata (Old Man Banksia) Please contact Council’s Tree & Landscape Consultant if you would like to nominate an alternate replacement species.

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Item 4.7 Page 38

Development Application No. 2020/1022 Zone R2

Construction Certificate No. N/A Notification Yes

Applicant ARC Architects Value $283,250

Premises 14 Gale Street, Woolwich

Landscape Area 60%

Classification (BCA) 1(a) Date lodged 11 Feb 2020

Assessing Officer Shahram Zadgan

Determination Date 16 June 2020

Proposal Alterations and additions to existing dwelling including first floor extension and new ground floor entry

Determination Approval

Development Application 2020/1038 Zone R2

Construction Certificate No. N/A Notification Yes

Applicant Bruno Nesci Value N/A

Premises 97 Woolwich Road, Woolwich

Landscaped Area N/A

Classification (BCA) N/A Date lodged 6 Apr 2020

Assessing Officer Anna Hopwood Determination Date 18 Jun 2020

Proposal Removal of eight (8) trees

Determination

Approved removal of Trees 1-8 Cupressus sp Cypress with three (3) replacement trees to be planted Trees 1-8 Cupressus sp (Cypress) From the resident of

Row of trees located adjacent to retaining wall

An additional five (5) trees formed part of a row however these trees failed in a recent storm

Remaining trees are located in close proximity to retaining wall which is bowing and cracking

Branches from the trees are in contact with the wall

It is likely the trees will continue to displace and cause ongoing damage to the wall

Trees will require pruning for powerline clearance s in the future which will impact their form

Application for tree removal is supported

Replacement planting required to offset the loss of canopy resultant from tree removal

The following trees may be removed

Tree Location

Trees 1-8 Cupressus sp Cypress Adjacent to boundary

The following replacement planting is required:

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Item 4.7 Page 39

Determination

Location

Minimum container

size at purchase

No. of replacement

plants required

Replacement Tree Species

Front garden

area 25L 3

Viburnum odoratissima (Sweet Viburnum) or Syzygium ‘Cascade’ Lillypilly cvs or Magnolia ‘Little Gem’ Please contact Council’s Tree & Landscape Consultant if you would like to nominate an alternative species

Note 1: The replacement trees shall be planted at a sufficient distance from existing structures to minimize the potential for damage

Development Application No. DA 2020-/045 Zone R2

Construction Certificate No. N/A Notification Yes

Applicant Sally Ioannides Value N/A

Premises 2 Cullens Lane Hunters Hill

Landscaped Area N/A

Classification (BCA) N/A Date lodged 14 Apr 2020

Assessing Officer Anna Hopwood Determination Date 25 May 2020

Proposal Removal of one (1) tree

Determination Approve removal of one (1) Jacaranda mimosfolia (Jacaranda) tree with one (1) replacement tree to be planted Tree 1 - Jacaranda mimosfolia (Jacaranda)

Located in front garden area directly adjacent to boundary

Base of tree is located within small garden between driveway and boundary

Tree is of low to moderate landscape significance

Entire crown of tree is located within the adjoining property

Tree is proposed for removal due to fence damage and to facilitate the construction of a level universal access path

No submission from the neighbouring property has been received opposing removal of the tree

Application for tree removal is supported

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COUNCIL REPORTS Meeting 4482 - 27 July 2020

Item 4.7 Page 40

Determination Replacement planting required to offset the loss of canopy resultant from tree removal

The following replacement planting is required:

Location

Minimum container

size at purchase

No. of replacement

plants required

Replacement Tree Species

Within subject property

45L 1

Acer palmatum (Japanese Maple) or Pyrus calleryana (Callery Pear) or Michelea doltsopa (Chinese Magnolia) or Betula nigra (River Birch) or Banksia serrata (Old Man Banksia) Please contact Council’s Tree & Landscape Consultant if you would like to nominate an alternate replacement species.

Development Application No. DA2020/1030 Zone R2

Construction Certificate No. N/A Notification Yes

Applicant John Moshonis Value $250,000

Premises 28 Batemans Road, Gladesville

Landscaped Area 65%

Classification (BCA) 1a Date lodged 26 Feb 2020

Assessing Officer Shahram Zadgan Determination Date 22 June 2020

Proposal Alterations and additions

Determination Approval

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Item 4.7 Page 41

Development Application No. DA 2020/1060 Zone R2

Construction Certificate No. N/A Notification Yes

Applicant Ms Cecilia Cai Value N/A

Premises 3 Ferry Street Hunters Hill

Landscaped Area N/A

Classification (BCA) N/A Date lodged 25 May 2020

Assessing Officer Anna Hopwood Determination Date 2 July 2020

Proposal Removal of four (4) trees and one (1) group of five (5) trees

Determination Approve removal of (4) trees and one (1) group of five (5) trees with the replacement of eight (8) trees Trees 1-3 – Jacaranda mimosifolia (Jacaranda)

Lopped stumps with very low volumes of emergent epicormic shoots

Large diameter deadwood extends over Ferry Street

Application proposes tree removal due hazardous condition of the trees and the poor condition of the adjacent sandstone retaining wall

Application is supported with Conditions imposed to limit the works.

Tree 4 – Ficus rubiginosa (Port Jackson Fig)

Lopped stump with very low volumes of emergent epicormic shoots

Large diameter deadwood extends over Ferry Street

Application proposes tree removal due hazardous condition of the trees and the poor condition of the adjacent sandstone retaining wall

Application is supported with Conditions imposed to limit the works

Trees 5 - Olea europaea subsp. cupidata (African Olive)

Row of 5 trees

Mature specimens in good/fair health

Low landscape significance

Identified as a weed species of regional concern under the Greater Sydney Regional Strategic Weed Management Plan 2017-2022

Application proposes removal due to damage to adjacent sandstone retaining wall

Wall appears to be in very poor structural condition and should be assessed by a qualified Engineer

Application is supported with Conditions imposed to limit the works.

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Item 4.7 Page 42

Determination The following replacement planting is required:

Location

Minimum container

size at purchase

No. of replacement

plants required

Replacement Tree Species

Northern end of the property boundary

beneath the power lines

25L 5

Callistemon citrinus (Crimson Bottlebrush) or Photinia sp. (Photinia species) or Banksia ericifolia (Heath Banksia)

Southern end of the property

boundary as replacement

s for the African Olives

25L 3

Lagerstroemia indica (Crepe Myrtle) or Magnolia x soulangiana (Saucer Magnolia) or Telopea speciosissima (Waratah)

Development Application No. DA 2020-1051 Zone R2

Construction Certificate No. N/A Notification Yes

Applicant Helene Francois Value N/A

Premises 20A Alexandra Street, Hunters Hill

Landscaped Area N/A

Classification (BCA) N/A Date lodged 5 May 2020

Assessing Officer Anna Hopwood Determination Date 22 Jun 2020

Proposal Removal of one (1) tree & Pruning of one (1) tree

Determination Approve removal of one (1) tree with one (1) replacement tree to be planted. Approve pruning of one (1) tree. Tree 1 - Fraxinus species (Ash)

Located in small garden area, and 500mm from church hall

Recent failure of two (2) large branches

Approx. 50% of crown remaining

Tree is in poor structural condition and has a short useful life expectancy

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Item 4.7 Page 43

Determination Application for tree removal is supported

Replacement planting required to offset the loss of canopy resultant from tree removal

Tree 2 - Paulownia tomentosa (Paulownia)

Located in garden area on southern frontage site

Recent failure of third order branch

Tear in residual branch stub which can be pruned with acceptable impact to viability of tree

No evidence of other structural defects or weakly attached branches at time of inspection

Application for tree pruning is supported with conditions limiting pruning works

The following replacement planting is required:

Location

Minimum container

size at purchase

No. of replacement

plants required

Replacement Tree Species

Within subject property

45L 1

Melaleuca bracteate (Black Tea Tree) or Acer palmatum (Japanese Maple)

The following replacement planting is required:

Location

Minimum container

size at purchase

No. of replacement

plants required

Replacement Tree Species

Within subject property

45L 1

or Pyrus calleryana (Callery Pear) or Michelea doltsopa (Chinese Magnolia) or Betula nigra (River Birch) or Banksia serrata (Old Man Banksia)

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Item 4.7 Page 44

Development Application No. DA 2020/1035 Zone R2

Construction Certificate No. N/A Notification Yes

Applicant Doug Rigg Value N/A

Premises 25 Woolwich Road Hunters Hill

Landscaped Area N/A

Classification (BCA) N/A Date lodged 25 Mar 2020

Assessing Officer Anna Hopwood Determination Date 23 June 2020

Proposal Removal of one (1) tree and pruning of four (4) trees

Determination Approve removal of two (2) trees and pruning of two (2) trees plus refusal of pruning of one (1) tree Tree 1 Jacaranda mimosifolia (Jacaranda)

Large, mature specimen with moderate landscape significance

Crown extends over dwelling of property to east (#27)

Application proposes pruning Tree 1 to provide building clearance

Application for tree pruning is supported

Tree 2 Macadamia tetraphylla (Macadamia)

Large, mature specimen with moderate landscape significance

Crown extends over carport roof within subject site

Application proposes pruning Tree 2 to provide clearance of roof

Application for tree pruning is supported Tree 3 Eucalyptus sp. (Eucalypt)

Small semi- mature specimen with low landscape significance

Application proposes removal of Tree 3 due to location

Positioned in northern yard adjacent to the western boundary and within approx. 1m from the water tank within the adjacent property to the west (#23)

Application for removal is supported

Property is well vegetated with a mix of canopy trees and amenity planting and no replacement planting is required

Tree 4 Celtis occidentalis (Hackberry species)

Small, mature specimen with low landscape significance

Listed as an exempt species by Council’s tree management controls

Application proposes to prune however the weed status of the tree was discussed with the owner who was satisfied that removal was a more suitable option

Removal of Tree 4 supported

Property is well vegetated with a mix of canopy trees and amenity planting and no replacement planting is required

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Item 4.7 Page 45

Determination Tree 5 Brachychiton acerifolius (Illawarra Flame Tree)

Medium sized, mature specimen with moderate landscape significance

Application proposes Crown Reduction to improve tree health

It was discussed with the owner that this species is semi-deciduous and has an inconsistent leaf fall pattern which can make the tree appear in moderate health

The applicant was satisfied that pruning was not necessary and understands that pruning will not form part of the permit

The following trees may be removed:

Tree Location Comments

Tree 3 Eucalyptus species (Eucalypt)

Northern garden adjacent to western boundary

Inappropriately positioned

Tree 4 Celtis occidentalis (Hackberry species)

Northern garden adjacent to northern boundary

The following trees may be pruned:

Tree Location Comments

Tree 1 Jacaranda mimosifolia (Jacaranda)

Northern garden

Crown Lift over roof of #27 to provide 3m clearance from building. Max branch diameter 60mmØ

Tree Location Comments

Tree 2 Macadamia tetraphylla (Macadamia)

Adjacent to carport

Selective Prune one second order branch 220mmØ extending over roof Crown Lift over roof to provide 3m clearance from building. Max branch diameter 50mmØ

Note: the removal of deadwood does not require Council consent

That part of the Development Application No.2020-1035 to prune Tree5 located at the front of the property be refused for reasons that it is of moderate landscape significance and is sufficiently healthy so as not to require pruning.

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ATTACHMENTS

There were no attachments to this report.

Development Application No. 2020/1015 Zone B4

Construction Certificate No. N/A Notification Yes

Applicant Stephen Nunan – SRN Design

Value $40,000

Premises 5 & 5A Pittwater Road Gladesville

Landscaped Area N/A

Classification (BCA) 6 & 4 Date lodged 23 Jan 2020

Assessing Officer Shahram Zadgan Determination Date 12 May 2020

Proposal Alterations and additions including stabilising first floor, replacement of roof, removal of rooms and install new rooms at rear

Determination Approval

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ITEM NO : 4.8

SUBJECT : DEVELOPMENT APPLICATIONS DETERMINED BY THE DEVELOPMENT CONTROL UNIT IN JUNE & JULY 2020

STRATEGIC OUTCOME : MAINTAIN THE CHARACTER AND AMENITY OF HUNTERS HILL

ACTION : ALL BUILDING WORK COMPLIES WITH COUNCIL REGULATIONS

REPORTING OFFICER : STEVE KOUREPIS

Ref:466806

PURPOSE

This report provides the outcome of determinations of Development Applications referred to the Development Control Unit (DCU) in June & July 2020. The role of the Development Control Unit is to determine Development Applications where submissions have been received and/or reviews under Section 8.2 have been requested because a previous application has been refused. All reports presented to the DCU as shown below are available on the Council’s website http://www.huntershill.nsw.gov.au/dcu.

RECOMMENDATION

That the report be received and noted.

REPORT OF MEETING HELD 17 JUNE 2020

The table below sets out a summary of the determinations:

Development Application No. 2019-1143 Zone R2

Construction Certificate No. N/A Notification Yes

Applicant Melissa Baggage Value $1,160,500

Premises 3 Jeanneret Avenue, Hunters Hill

Landscaped Area 68.7%

Classification (BCA) 1(a) Date lodged 10 Dec 2019

Assessing Officer Kerry Smith Determination Date 17 Jun 2020

Proposal Alterations and additions to existing dwelling including new ground and first floor addition

Determination The Development Control Unit Committee resolved:

That Development Application No.2019/1143 for the alterations & additions to the existing heritage listed dwelling including new part ground and first floor addition at No.3 Jeanneret Avenue, Hunters Hill, be approved, subject to the standard conditions.

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Development Application No. 2019-1116 Zone R2

Construction Certificate No. N/A Notification Yes

Applicant Jesse Wright Value $700,737

Premises 28 Alexandra Street, Hunters Hill

Landscaped Area 57.7%

Classification (BCA) 1(a), 10(a) & 10(b) Date lodged 29 Oct 2019

Assessing Officer Kerry Smith Determination Date 17 June 2020

Proposal

Determination That the development application No.2019/1116 for the construction of alterations and additions to the existing dwelling be approved as a “Deferred commencement” consent pursuant to Section 4.16 of the Environmental Planning and Assessment Act, 1979 in respect of No. 28 Alexandra Street, Hunters Hill subject to the standard conditions. Schedule 1 1. Details being provided in amending plans to show the

structural work and finishes for the attic roof storage space.

2. The proposed windows to replace the roof vent in the

gablet facing south and north to give light to the proposed attic roof storage area being deleted due to their substantial breach of the height control of 8.5 metres under clause 4.3 of LEP 2012 and no clause 4.6 ‘exceptions’ submission was lodged with the application.

3. The new replacement windows in the front elevation of

the dwelling being of a solid form and similar to original type timber windows and having effective sills, reveals and headers to Councils satisfaction.

4. The new gate shown close to the street alignment for pedestrian entry being of metal palisade form or the like to Council’s satisfaction.

5. Details being supplied to Council to prove that the use of

land Lot 1 in DP 663466 adjoining to the north of the subject site provides legal right for motor vehicles to have access to Ernest Lane.

6. The landscape plan prepared by Conzept Landscape

Architects being assessed by Council’s landscape consultants and any such conditions recommended being incorporated in the ‘outright’ consent.

7. The new timber fence 2.4 metres high being

reconfigured to better suit the heritage theme of the local Conservation Area and the heritage listing of the stone front fence.

8. Submit to Council details of the rear Right of Way over

Lot 1 in DP 663466 in terms as to who is the owner (burdened) and who is the beneficiary for the purpose of vehicular access to Ernest Lane.

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9. Revise the terms of the ROW to allow the subject property free and unobstructed passage and legal rights for vehicular access, if applicable. A copy of the updated Title deeds shall be provided to Council as evidence where required.

10. Suitable screen planting to be provided along or near the

rear boundary of the subject site to afford privacy protection for the adjoining residents at No.17 Madeline Street, Hunters Hill. The details to be included in an amending landscape plan to the satisfaction of Council’s tree consultants. This will necessitate the deletion of the vine covered parapet on the northern elevation of the proposed new garage structure.

REPORT OF MEETING HELD 1 JULY 2020

The table below sets out a summary of the determinations:

Development Application No. 2015-1193-2 Zone R2

Construction Certificate No. N/A Notification Yes

Applicant Yanping Pan Value

Premises 4-6 Chevalier Crescent, Hunters Hill

Landscaped Area

Classification (BCA) 1(a) Date lodged 23 Mar 2020

Assessing Officer Kerry Smith Determination Date 1 Jul 2020

Proposal Alterations & additions to dwelling – Section 4.55 – modification to development consent for removal of two trees

Determina6tion That the s4.55 application No.2015/1193-2 to modify Development Application No.2015/1193 of consent dated 8 June 2016 by the removal of two trees from the front of the site and their being replaced by two trees in the same location and of the same species at Nos.4-6 Chevalier Crescent, Hunters Hill be approved, subject to the compliance with alteration to Part A Condition GEN 3 plus new conditions Part A No.11 and Part G No.6.

REPORT OF MEETING HELD 15 JULY 2020

The table below sets out a summary of the determinations:

Development Application No. 2020-1023 Zone R2

Construction Certificate No. N/A Notification Yes

Applicant Susan Rothwell Architects

Value $1,049,000

Premises 27 Wybalena Road, Hunters Hill

Landscaped Area 64.8%

Classification (BCA) 1(a), 10(a) Date lodged 12 Jan 2020

Assessing Officer Kerry Smith Determination Date 15 Jul 2020

Proposal Alterations & additions to existing dwelling including new 1st floor bedrooms, bathroom & media room, new street level garage and new lift

Determination That the development application No.2020/1023 for the partial demolition of the existing dwelling and the construction of alterations and additions to the existing dwelling be determined as an approval by Council pursuant to Section 4.15 of the Environmental Planning and Assessment Act, 1979 in respect of 27 Wybalena Road,

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Hunters Hill, subject to standard conditions.

Development Application No. 2019-1137 Zone R2

Construction Certificate No. N/A Notification Yes

Applicant Kiril Manolev Value $207,9310

Premises 82 Woolwich Road Hunters Hill

Landscaped Area 50%

Classification (BCA) 1(a) Date lodged 29 Nov 2020

Assessing Officer Kerry Smith Determination Date 15 Jul 2020

Proposal Demolition of existing dwelling and construction of new two storey dwelling plus swimming pool and fencing.

Determination That the development application No.2019/1137 for the construction of a new dwelling plus garage and pool be approved as a “Deferred commencement” consent pursuant to Section 4.16 of the Environmental Planning and Assessment Act, 1979 in respect of No. 82 Woolwich Road, Woolwich subject to the standard conditions. Schedule 1 1. Pruning Specification Tree 4

Tree 4 Jacaranda mimosifolia (Jacaranda) may require minor pruning for construction clearance. A Pruning Specification should be prepared by the Project Arborist (AQF Level 5) outlining any required pruning. The branches to be pruned shall represent no greater than 10% of the tree’s total crown volume.

2. Amended Architectural and Landscape Plans

The Architectural Plans (prepared by Manolev Associates, dwg no DA/01-08 B, dated 10.03.2020, not date stamped) and Landscape Plan (prepared by Mariko Fraser, dwg no LP-01-02 D, dated 16.03.2020, not date stamped) shall be amended and submitted to Council for review:

The design intention for the front fence. If the fence is to be rebuilt the rebuild should use existing footings. No additional excavations are to occur within the Structural Root Zone and Tree Protection Zone of Tree 4 Jacaranda mimosifolia (Jacaranda).

If the fence is to be rebuilt an amendment to the Arboricultural Impact Assessment (prepared by Tree Talk, dated July 2019, date stamped 25 Nov 2019) may be required to address the works.

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3. No trees are to be planted over the new drainage easement. Only small shrubs and ground covers are to be planted in this area and the landscaping plan being modified accordingly prior to the consent and stamped plans being issued by Council.

4. The amended landscape plans giving compliance to the

recommended conditions from Council’s tree consultants TreeIQ. On receipt of such report by Council and such conditions being incorporated in in this Schedule 2 draft ‘outright’ consent.

5. The amending landscaping plans as received by Council

on 18 March 2020 being subject to assessment by Council’s tree consultants and such conditions being incorporated in this Schedule 2 draft consent for the ‘outright’ consent at that time.

6. No stormwater drainage to a dispersion trench under the new deck is to be provided due to possible scouring and erosion to the steep embankment.

7. Stormwater collected from all roof and hard paved areas

is to be drained to the Council stormwater system by gravity. Such details are to be shown on the stormwater concept plan

8. An overland flow path being provided along the line of

the existing 300mmdia VC to allow surface water runoff from Woolwich Road to drain unobstructed to Collingwood Street and also to prevent surface stormwater runoff from Woolwich Road entering the proposed garage. Runoff must be conveyed along the eastern side boundary of the subject premises.

9. An amended stormwater concept plan is to be lodged

with Council prior to the issued of the Construction Certificate.

10. A Stormwater Management Plan and Sediment and

Erosion Control Plan prepared by a qualified, experienced engineer are to be submitted to Council for approval prior to the release of the Construction Certificate plans and must be adhered to at all stages of development to ensure that water quality is maintained in the Lane Cove River via the Riparian Land zone.

11. The storage room in the part basement area is to be re-

allocated to a ‘’meter room’’ based on the definition of ‘storey’ under LEP 2012 and to give compliance to the two storey height limit under clause 4.3(1)(b) of such LEP.

12. Privacy screens 1.5 metres high being erected on the

sides of the new rear deck at the ground floor level of the development. Such architectural details being shown on the plans and backed up with a USB memory device.

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13. Technical information being supplied to Council to

demonstrate that the vehicular driveway will be constructed in such a way as to ensure that no undue impact on Tree 4 (Jacaranda mimosifolia) including additional levels. No excavation is to occur within the structural root zone or the tree protection zone of Tree 4. Amendments to the Arboricultural Impact Assessment may be required based on these requirements.

14. A detailed section of the driveway is to be lodged with

Council for assessment and review by its tree consultants.

15. Amended architectural and landscape plans as well as

alterations to the Arboricultural Impact Assessment Report and Tree Protection Plan.

16. The garage door being resited 1 metre to the rear 17. A pier supporting the roof over the main front entry being

sited at the south western corner of the building works and being in line with the external structure of the proposed garage section of the new dwelling. Such architectural details being shown on the two sets of hard copy plans and backed up with a USB memory device.

Development Application No. 2020-1031 Zone R2

Construction Certificate No. N/A Notification Yes

Applicant Adam Krajc – Rosewood Homes

Value $656,318

Premises 12 Augustine Street Hunters Hill

Landscaped Area 50%

Classification (BCA) 1(a) Date lodged 4 Mar 2020

Assessing Officer Shahram Zadgan Determination Date 15 Jul 2020

Proposal Demolition of existing dwelling and construction of new dwelling

Determination That a “Deferred Commencement” consent be granted pursuant to Section 4.16 of the Environmental Planning and Assessment Act 1979. The development consent as contained in Schedule 2 shall not operate (or be issued) until such time as the matters contained in Schedule 1 are finalised to the satisfaction of Council.

Schedule No.1 1. Stormwater Management – Council Drainage Asset

The following plans and information are to be submitted to the satisfaction of Council:

The proposed development includes the relocation of the Council pipe around the new dwelling.

Full construction drawings of the proposed pipe

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diversion are required to be submitted for approval at DA stage. Drawings shall be issued “For Construction” and signed off by a Qualified Civil Engineer with Corporate Membership and registered on the National Engineers Register (NER) with the Institution of Engineers, Australia – the Donovans drawings are still issued “…concept only not for construction”. Therefore, construction drawings will need to be issued.

The longitudinal section of the pipe must show, as a minimum, invert levels, chainages, finished grate levels, hydraulic grade line, pipe size and class and utility services that cross the line.

All pipes are to be specified as reinforced rubber ring jointed, class 2 pipe, with minimum 600mm cover to the obvert.

The exact invert levels of the existing pipe at both the upstream end and downstream end (connection points) are to be found.

The hydraulic grade line shall commence at a known control point such as at a ”free outlet” or at the top of a grate. It shall not be assumed or taken to be at the obvert of the downstream pipe.

The hydraulic grade line indicates that the proposed re-direction of the pipe will result in higher surcharging at the upstream existing kerb inlet pit. To rectify this, the re-directed pipe will need to be upsized.

All sealed pits shall have gatic lids.

Trenching and backfilling shall be specified on the drawings to Australian Standards.

There shall be a minimum 30mm drop inside each pit. All Council pits are to reinforced concrete and formed in-situ.

Pit sizes shall not be less than 900mm x 900mm internal dimensions.

Access grates and covers shall not be less than 600mm x 600mm clear. Grates shall be galvanised, bicycle friendly, hinged to frame and lockable.

The foundations/piers of the proposed dwelling, in relation to the Council pipe, shall be detailed to ensure that there will be no load bearing onto the Council pipe.

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2. Stormwater Management – Site Drainage

The following plans and information are to be submitted to the satisfaction of Council:

The Stormwater Concept Plan provided does not comply. The following amendments are required:

- The Stormwater Concept Plan is to be

amended and must address Council’s Sustainability Criteria as stated above. The above requirements along with supporting calculations, shall be submitted to Council for approval.

- All sealed pits are to be specified as “gatic”. - All internal (private) pipes are not to

encroach within the Council drainage easement, except at the connection point.

- The actual pipe gradient and invert levels of

the proposed Council 450-dia pipe must be determined.

- Where the private stormwater system is to be

connected into the Council pipe, a check of the hydraulic grade line is necessary to ensure that there won’t be any back flow up into the site’s drainage system.

- All internal stormwater drainage system shall

be to AS/NZS3500.3:2003 “Plumbing and Drainage – Stormwater Drainage” Code.

- The site is located in Zone 1, which requires OSD. Design of an OSD system shall be required and incorporated into the internal drainage system.

3. Traffic/Parking/Access

The following plans and information are to be submitted to the satisfaction of Council:

The proposed driveway shall comply with the following:

Vehicular access shall comply with the relevant provisions of AS/NZS 2890.1:2004 “Off Street Car Parking” Code, for scraping and Council’s Guidelines and Specifications for Driveway and Footpath, for widths.

The driveway across the footway shall be graded towards the kerb.

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Where the existing footpath meets the driveway, the cross fall shall not be greater than 1 in 40 or 2.5% and graded towards the kerb.

Where the driveway across the verge cannot be graded towards the kerb, then a trench drain shall be installed at the boundary.

A driveway longitudinal section shall be provided which satisfies AS/NZS 2890.1:2004 for scraping provisions and overhead clearance requirements.

In addition, the driveway levels shall be designed to ensure that stormwater overland flows do not go into the garage but is routed generally along the line of the proposed easement.

4. That the windows to the ground floor, from the laundry,

study zone and living area to be of translucence material and/or highlight the type windows. Amended plans are to be submitted to the satisfaction of Council.

ATTACHMENTS

There were no attachments to this report.

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ITEM NO : 4.9

SUBJECT : REPORT OF LEGAL MATTERS JUNE - JULY 2020

STRATEGIC OUTCOME : MAINTAIN THE CHARACTER AND AMENITY OF HUNTERS HILL

ACTION : ALL BUILDING WORK COMPLIES WITH COUNCIL REGULATIONS

REPORTING OFFICER : STEVE KOUREPIS

Ref:473355

PURPOSE

The purpose of this report is to update Council on legal matters. These matters are generally with the Land and Environment Court.

RECOMMENDATION

That the report be received and noted.

REPORT

Attached are Status Reports provided by Council’s Legal Advisors – HWL Ebsworth & Lindsay Taylor Lawyers.

ATTACHMENTS

1. Legal Report for HWL Ebsworth ⇩ 2. Legal Report for LTL ⇩

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ITEM NO : 4.10

SUBJECT : MINUTES OF THE HUNTERS HILL LOCAL AREA TRAFFIC COMMITTEE HELD ON 18 JUNE 2020

STRATEGIC OUTCOME : ROAD CONGESTION AND TRAFFIC SAFETY IS IMPROVED

ACTION : REVIEW TRAFFIC MANAGEMENT PLANS TO IDENTIFY AREAS THAT REQUIRE INTERVENTION (E.G. TRAFFIC CALMING)

REPORTING OFFICER : BRONWYN CARR

Ref:467774

PURPOSE

The purpose of this report is to provide Council with the Minutes of the Hunters Hill Local Area Traffic Committee Meeting held 18 June 2020. The minutes are attached. RECOMMENDATION

That the Minutes and the Recommendations of the Local Traffic Committee held on 18 June 2020 be adopted.

ATTACHMENTS

1. Hunters Hill Local Area Traffic Committee Meeting Minutes-18 June 2020 ⇩ 2. Riverside preschool plan ⇩ 3. St Malo Avenue plan ⇩ 4. Alfred Street plan ⇩ 5. Reiby Road plan ⇩ 6. Woolwich Road - Marist Sisters ⇩ 7. Signal Hill plan ⇩

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COMMENCEMENT

The meeting was held via Zoom and opened at 11:03am.

IN ATTENDANCE

Clr Jim Sanderson Chair, Councillor, Hunter’s Hill Council Clr Ben Collins Councillor Hunter’s Hill Council representing The Hon.

Anthony Roberts, Local Member of Parliament Sgt Leonie Abberfield Traffic Supervisor, Ryde Police Area Command, NSW Police Mr Egwin Herbert Traffic and Service Manager, Sydney Buses Mr Mitchell Ryan Roads and Maritime Services

ALSO PRESENT

Mr George El Kazzi Director, Service Delivery and Special Projects Mr Mohamad Badarani Manager Assets and Design Mrs Leanne Stathakis Development Engineer Ms Valerie Stamper Road Safety Officer Ms Simone Bordin Road Safety Officer Ms Isobel Fry Administration Officer, Hunter’s Hill Council Ms Bronwyn Carr Administration Officer, Hunter’s Hill Council (Minutes)

APOLOGIES

Clr Mark Bennett Mayor, Hunter’s Hill Council

DECLARATIONS OF INTEREST

The Chair called for Declarations of Interest. Councillor Collins declared an interest in Item 3.1, the interest being in relation to his son’s attendance at Riverside Preschool. Councillor Collins will vote on item 3.1. 1. Councillor Sanderson declared an interest in Item 3.4 advising that:

2. In relation to Item 3.4 of the meeting’s agenda, a property owned by him, which is his principal place of residence, is one of 18 residences which are accessed via the part of Reiby Road to the north of the recently installed traffic islands at the intersection with The Avenue. 3. Under the Hunter’s Hill Council Code of Conduct Clause 5.9(f), an interest is not significant if it is ‘one conferred or lost as a member of the community or a broader class of people affected by a decision.’

4. Any interest he has in this matter is an interest as a member of a community shared with others who are similarly affected; and He regards any perceived conflict as being outweighed by his duty as a Councillor to represent community views on this matter about which he is well informed.

Councillor Sanderson has informed both Councillor Bennett and Lisa Miscamble (General Manager) of his interest.

CONFIRMATION OF MINUTES

RESOLVED on the motion of State Member’s Representative, seconded Roads and Maritime Services.

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That the Minutes of Hunters Hill Local Area Traffic Committee of previous Meeting held on 19/03/2020 be adopted.

REPORTS

3.1 RIVERSIDE PRESCHOOL - PROPOSED REAR TO KERB PARKING

PROCEEDINGS IN BRIEF

Councillor Collins raised the issue of speeding down the ramp to the preschool, and enquired as to whether a speed hump could be installed at the entrance to the preschool. Council staff advised that the installation of a speed hump would need to be investigated further.

Resolved with unanimous support.

RECOMMENDATION

1. That the angle parking in the car park adjacent to the Riverside preschool be restricted to ‘Rear to Kerb’ parking.

3.2 ST MALO AVENUE - PROPOSED PARKING RESTRICTIONS

PROCEEDINGS IN BRIEF

A representation from Home Owners Association Pulpit Point requested Council to investigate the need for parking restrictions. The concern is that there are vehicles parked on both sides and this is a narrow area. A late submission came from the Association stating that they would prefer full time no parking restrictions 24/7. Feedback from a resident requested the ‘no parking’ area to be during certain times of the day as per the recommendations. During weekdays there is a higher demand for parking and less on weekends Resolved with unanimous support.

RECOMMENDATION

1. That a ‘No Parking 7am-5pm Monday- Friday’ zone be installed on the south side of St Malo Avenue from the existing ‘No Stopping’ zone to the statutory 10m ‘No Stopping’ Zone at St Malo and Le Vesinet Drive intersection.

2. That the Statutory 10m ‘No Stopping’ zone is installed at St Malo Avenue and Le Vesinet Drive.

3. That the existing ‘No Stopping’ zone at St Malo Avenue and Wybalena Road be extended to the statutory length of 10m.

3.3 ALFRED STREET - PROPOSED PARKING RESTRICTIONS

PROCEEDINGS IN BRIEF

Representation was received from a resident about obstruction when accessing their property. A neighbour next door indicated a similar problem. There is an ongoing problem with boats and trailers – with people leaving vehicles there and residents unable to get out of their driveways. ‘No parking’ will allow the drop off and

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pick up of goods and passengers

Resolved with unanimous support.

RECOMMENDATION

1. That a 22m ‘No Parking’ zone be installed on Alfred Street on the south side from the power pole to 22m west.

3.4 REIBY ROAD - PROPOSED PARKING RESTRICTIONS

PROCEEDINGS IN BRIEF

The committee was briefed about the issues surrounding Reiby Road regarding dangers to safety surrounding the current environment. The recommendations are to facilitate traffic manoeuvrability around the traffic island at Reiby Road and The Avenue as well as to review parking restrictions to maintain safety and maximise parking on Reiby Road.

The committee was provided with the following recommendations:

1. That the ‘No Stopping’ zone on Reiby Road at The Avenue on the

western side be extended by 10m south and existing line marking adjusted to the new sign position with chevron marking to facilitate delineation. 2. That the ‘No Stopping’ zone on Reiby Road at The Avenue on the eastern side be extended 20m from the nose of the island 3. That the double centre lines on Reiby Road be removed from 20 m from the nose of the island at The Avenue to 11m from the driveway of #14 Reiby Road 4. That a ‘No Stopping’ zone be installed from 11m from the driveway of #14 Reiby Road to 11m from the driveway of #10 Reiby Road 5. That the existing ‘No Stopping’ Sign on the western side of Reiby Road north of The Avenue be relocated 20m north of the nose of the island.

Recommendations 1,2 ,4 and 5 were resolved unanimously.

After much discussion, it was decided that Point 3 would be reviewed by email and that Council would provide options surrounding the double centre lines to the committee members . This would ensure committee members had sufficient time to review the options and that the proceedings of the meeting were not held up.

The following options regarding the double centre lines on Reiby Road were reviewed by the Committee members by email.

OPTION DESCRIPTION

1 No change to existing double centre lines

2 As tabled at the TC: Removal of double centre lines from 20m north of the nose of the island to 11m north of the driveway of #14

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3 As tabled at the TC: Removal of double centre lines from 20m north of the nose of the island to 11m north of the driveway of #14 and Proposed ‘No Stopping’ on western side of Reiby Road between both ends of Nemba Street

4 Removal of double centre lines between Nemba Street (north) and the southern end of the #12 driveway

The following comments have been made by the Committee Members: NSW Police The NSW Police preferred option 4 and provided the following pros and cons; Pros

will allow a little more parking in Reiby Road between the north entrance of Nemba St & No. 14 (Reiby Rd)

have a clear turning circle between the Avenue & Nemba St for egress into the Avenue during peak drop off & pick up and also a clear sight of vision when turning right from Nemba St into Reiby Rd.

Cons

the road will be narrow with vehicles parked on both sides of Reiby Road, the issue with that is ‘bicycles’ travelling north downhill at an increased/excessive speed and heavy braking is required. It is a direct/obvious route to the Figtree Bridge from the City. I’d suggest a bicycle stencil on the roadway to alert motorists of the shared area.

TfNSW TfNSW preferred option 4 and provided the following comments;

In review of the suggestions TfNSW notes that the preferred option, from a safety perspective, would be option 4. This option provides additional parking which is the intent of the resolution regarding BB lines, however it ensures that any issues that might arise from two-way traffic being unable to operate between parked vehicles on either side of Reiby Road, will occur away from the island and higher pedestrian movements. It also ensures that motorists are not having to realign themselves on approach to the island, due to no parked vehicles obstructing the travel lane. Regarding the alternative options; Option 3:

This arrangement would come with some small concerns regarding the need for motorists to navigate parked vehicles on approach to the left turn into The Avenue. Council should consider the potential issues that could arise from motorists negotiating parked vehicles on approach to a turn that motorists are already reporting difficulty with. The attached mark-up the potential issues.

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Option 2:

Concerns that this option would create queuing, possible frustration and issues with pedestrians in addition to the concerns of lateral movements on approach to the island where pedestrians are crossing.

Option 1:

This option would not address the parking issues that TfNSW understands to exist. It would require enforcement.

Council Representative Councillor Sanderson preferred option 3 and made the following comments; 5. I rank the options with reasons as follows:

6. My first preference option is Option 3, for the following reasons:

Now that Council has commenced remediation work on the traffic islands, which will move the northern island to the west to align it with the southern island and to widen the opening of the exit from the northern end of Reiby Road into The Avenue, 20 metres of ‘No Stopping’ in Reiby Road when approaching the islands from the north should be sufficient to avoid problems aligning vehicles to negotiate the islands;

The lateral relocation of the northern island to the west will also align vehicle travelling into the northern end of Reiby Road futher to the left and is compatible with a 'No Stopping' zone on the western side of Reiby Road between the new traffic islands and Nemba Street;

Option 3 has similar benefits Option 4 in that improves sight lines from vehicles exiting Nemba Street where most school drop offs occur to vehicles and particularly bicycles (often at high speed) travelling north on Reiby Road, however a 'No Stopping' zone on the western side of Reiby Road between the new traffic islands and Nemba Street (rather than relying a double centre line to control parking, which has been ignored for the entire time it has been there and has never to my knowledge been enforced) should reliably end parking here rather than having to commence enforcement that has not occurred before; and

Option 3 also allows at least three parking/drop off spaces to the south of the main entrance of the High School - when students are dropped off at these spaces they do not need to cross any roads to enter the school.

7.

8.

9. Option 4:

Option 4 has similar benefits to Option 3; however

While vehicles generally do not park on the western side of Reiby Road between the new traffic islands and Nemba Street, the double centre line is unlikely to control parking in this location when the High School hosts functions that attract large numbers of visitors (when congestion will be worst) and enforcement will not be effective in preventing occasional visitors who have no knowledge of infringement notices being issued.

10. Option 2:

Option 2 does not have the full benefits of Options 3 or 4; but

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Option 2 allows at least three parking/drop off spaces to the south of the main entrance of the High School - when students are dropped off at these spaces they do not need to cross any roads to enter the school.

11. I did not believe Option 1 was an option but if it is, it is the poorest option:

Option 1, like Options 2 and 4, relies on double centre lines to prevent parking – if enforcement occurs this will effectively prevent parking in any part of Reiby Road from the traffic islands to the west of the bend at the bottom of the hill – this would be an unsatisfactory outcome for all.

12.

13. State Member Representative

14. Ben Collins would like the matter of the double centre lines deferred to ensure that all concerns have been addressed with community consultation.

Recommendations 1,2 ,4 and 5 were resolved unanimously.

15. Point 3 was deferred for further investigation due to not reaching a consensus.

RECOMMENDATION

1. That the ‘No Stopping’ zone on Reiby Road at The Avenue on the western side be extended by 10m south and existing line marking adjusted to the new sign position with chevron marking to facilitate delineation.

2. That the ‘No Stopping’ zone on Reiby Road at The Avenue on the eastern side be extended 20m from the nose of the island

3. That the matter of the double centre lines on Reiby Road be deferred for further investigation and community consultation.

4. That a ‘No Stopping’ zone be installed from 11m south from the driveway of #14 Reiby Road to 11m east from the driveway of #10 Reiby Road

5. That the existing ‘No Stopping’ Sign on the western side of Reiby Road north of The Avenue be relocated 20m north of the nose of the island.

3.5 MARIST SISTERS - WOOLWICH ROAD PROPOSED DROP OFF/PICK UP ZONE

PROCEEDINGS IN BRIEF

The Committee was briefed regarding the Marist Sisters request for a drop off/pick up zone outside the school. There was discussion for the ‘no parking’ to align with school zone times but the restriction was requested by the school and they are in agreement of proposed hours.

Resolved with unanimous support.

RECOMMENDATION

1. That an approximate 38m ‘No Parking 8am -9am, 3pm-4pm school days’ zone be installed on Woolwich Road outside Marist Sisters from the existing ‘No Stopping’ zone at the traffic signals to the first power pole.

2. That the existing AM bus zone on Woolwich Road outside Marist Sisters be extended by 26m to the west to the power pole.

3. That both proposals be installed as a trial and reviewed in 6 months

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3.6 SIGNAL HILL - COWELL STREET CAR PARK

PROCEEDINGS IN BRIEF

This matter by Council resolution on 25 March 2020 has been referred back to the Local Traffic Committee for amendment to provide three (3) hour parking from 08:30am 6:30pm Mon-Sun.

Resolved with unanimous support.

RECOMMENDATION

That the existing 2 hour parking restriction in the Signal Hill carpark be changed to a 3 hour 8.30am to 6pm Monday to Sunday parking restriction.

OTHER BUSINESS

4.1 BIKE PLAN

PROCEEDINGS IN BRIEF

In discussion regarding Reiby Road, Police Sgt Leonie Abberfield suggested the need to include a bicycle plan. Council staff notified the Committee that a bike plan is currently under review.

RECOMMENDATION

That Reiby Road be included in the current bike path review. The meeting closed at 12:16pm.

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ITEM NO : 4.11

SUBJECT : MINUTES OF THE AUDIT RISK AND IMPROVEMENT COMMITTEE HELD ON 24 JUNE 2020

STRATEGIC OUTCOME : COUNCIL IS FINANCIALLY SUSTAINABLE

ACTION : PROVIDE TIMELY FINANCIAL INFORMATION, ADVICE AND REPORTS TO COUNCIL, THE COMMUNITY AND STAFF INCLUDING THE LONG TERM FINANCIAL PLAN

REPORTING OFFICER : BARRY HUSKING

Ref:468169

PURPOSE The purpose of this report is to provide Council with the Minutes of the Audit Risk and Improvement for 24 June 2020. The purpose of the Audit Risk and Improvement is Committee to provide independent assurance and advise Council on risk management, internal control, governance and external accountability. The Minutes of the meeting held 24 June 2020 are attached.

RECOMMENDATION

That the Minutes be received and noted.

ATTACHMENTS

1. Audit Risk and Improvement Meeting Minutes of 24 June 2020 ⇩

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Item 4.12 Page 81

ITEM NO : 4.12

SUBJECT : MINUTES OF THE GLADESVILLE MAIN STREET COMMITTEE MEETING HELD 21 MAY 2020

STRATEGIC OUTCOME : PUBLIC PLACES ARE VIBRANT AND ACTIVE

ACTION : LIAISE WITH THE MAIN STREET COMMITTEES AND CHAMBERS OF COMMERCE TO SUPPORT AND PROMOTE LOCAL BUSINESSES

REPORTING OFFICER : FIONA MANN

Ref:473443

PURPOSE

The purpose of this report is to provide Council with the Minutes of the Gladesville Main Street Committee meeting (Meeting) held on 21 May 2020 (Minutes).

The Committee was established for the purpose of:

1. Communicating to residents, business owners, landlords and visitors the benefits of a strong and vibrant business precinct and engaging their support and cooperation in the achievement of the Committee’s objectives.

2. Reviewing the various strategic documents produced for and by both Hunters Hill and Ryde Councils to identify and prioritise initiatives.

3. Develop strategies to create attractive and friendly places and enhance the

economic viability of the Gladesville Village Precinct. REPORT

Set out in the Attachment to this report, are the Minutes of the meeting held on 21 May 2020. At the meeting, the Committee while considering the following item made a recommendation to Council:

(a) Meeting Item 4.1 – General Business

Item: New Paving Along Victoria Road

RECOMMENDATION TO COUNCIL: That the paving works along Victoria Road between Massey and Cowell Streets be recognised in this year’s budget to ensure that the work is commenced.

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RECOMMENDATION

1. That the Minutes of the Gladesville Main Street Committee Meeting of 19 May 2020 be received and noted.

2. That the paving works along Victoria Road between Massey and Cowell Streets be

recognised in this year’s budget to ensure that the work is commenced.

ATTACHMENTS

1. Minutes of the Gladesville Main Street Meeting held 21 May 2020 ⇩

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ITEM NO : 4.13

SUBJECT : MINUTES OF CONSERVATION ADVISORY PANEL MEETING HELD 17 JUNE 2020

STRATEGIC OUTCOME : MAINTAIN THE CHARACTER AND AMENITY OF HUNTERS HILL

ACTION : PROVIDE QUALITY TECHNICAL HERITAGE ADVICE TO RESIDENTS, DEVELOPERS, DCU, AND THE LAND AND ENVIRONMENT COURT

REPORTING OFFICER : STEVE KOUREPIS

Ref:467758

PURPOSE

The purpose of this report is to provide Council with the Minutes of the Conservation Advisory Panel (CAP) Meeting held on 17 June 2020.

The purpose of CAP is to consider and advise Council staff on any matter of environmental heritage referred to the committee by staff including building and development proposals and plans or policies referred by Council or the General Manager.

RECOMMENDATION

That the report be received and noted. ATTACHMENTS

1. Minutes of the Conservation Advisory Panel held 27 July 2020 ⇩

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ITEM NO : 4.14

SUBJECT : MINUTES FROM THE BUSHLAND MANAGEMENT ADVISORY COMMITTEE HELD 4 MAY 2020

STRATEGIC OUTCOME : OUR NATURAL ENVIRONMENT IS PROTECTED, AND ENHANCED FOR FUTURE GENERATIONS

ACTION : ENCOURAGE AND SUPPORT ACTIVE COMMUNITY PARTICIPATION IN LOCAL ENVIRONMENTAL PROJECTS AND EVENTS

REPORTING OFFICER : JACQUI VOLLMER

Ref:467256

PURPOSE

The purpose of this report is to provide Council with the Minutes of the Bushland Management Advisory Committee (BMAC) for 4 May 2020. The objectives of the Committee are to:

Assist Council in the formulation and implementation of bushland management strategies and initiatives;

Use the expertise, experience and local knowledge of community bush care representatives to inform Council about best practice, bush health and priority areas / species concerning bushland management and rehabilitation, making recommendations where appropriate;

Advise Council on bush care priorities including assisting Council with grant applications and in achieving optimum effectiveness and value for money in meeting bushland management and natural areas obligations; and

Promote the value of Hunter's Hill's bushland heritage and bush care to the local community and encourage volunteer involvement.

The minutes are attached RECOMMENDATION

That the report be received and noted.

ATTACHMENTS

1. Bushland Management Advisory Committee Meeting 4 May 2020 ⇩

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ITEM NO : 4.15

SUBJECT : MINUTES OF THE HUNTERS HILL ART EXHIBITION ADVISORY COMMITTEE HELD ON 23 JUNE 2020

STRATEGIC OUTCOME : COUNCIL ENCOURAGES A SENSE OF BELONGING AND CONNECTION TO THE LOCAL COMMUNITY

ACTION : CONDUCT AND REGULARLY REVIEW AN ANNUAL PROGRAM OF EVENTS

REPORTING OFFICER : BEC HO

Ref:473502

PURPOSE

The purpose of this report is to provide Council with the Minutes of the Hunters Hill Art Exhibition Advisory Committee Meeting held 23 June 2020. The Hunters Hill Art Exhibition Advisory Committee is: 1. To provide advice to Council on the development and maintenance of the annual Art Exhibition. 2. To contribute ideas, community and cultural knowledge. 3. To make recommendations to Council on any significant operational aspects of the Art Exhibition. The Minutes of the meeting are attached. RECOMMENDATION

That the report be received and noted. FINANCIAL IMPACT ASSESSMENT

There is no direct financial impact on Council’s adopted budget as a result of this report. ENVIRONMENTAL IMPACT ASSESSMENT

There is no direct environmental impact on Council arising from Council consideration of this matter. SOCIAL IMPACT ASSESSMENT

There is no direct social impact on Council arising from Council consideration of this matter. RISK ASSESSMENT

There are no direct or indirect risks impacting on Council arising from consideration of this matter. ATTACHMENTS

1. Minutes of the Hunters Hill Art Exhibition Advisory Committee Meeting held 23 June 2020 ⇩

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ITEM NO : 4.16

SUBJECT : MINUTES OF THE HUNTERS HILL ART EXHIBITION ADVISORY COMMITTEE HELD ON 7 JULY 2020

STRATEGIC OUTCOME : COUNCIL ENCOURAGES A SENSE OF BELONGING AND CONNECTION TO THE LOCAL COMMUNITY

ACTION : CONDUCT AND REGULARLY REVIEW AN ANNUAL PROGRAM OF EVENTS

REPORTING OFFICER : BEC HO

Ref:473509

PURPOSE

The purpose of this report is to provide Council with the Minutes of the Hunters Hill Art Exhibition Advisory Committee Meeting held 7 July 2019. The Hunters Hill Art Exhibition Advisory Committee is: 1. To provide advice to Council on the development and maintenance of the annual Art Exhibition. 2. To contribute ideas, community and cultural knowledge. 3. To make recommendations to Council on any significant operational aspects of the Art Exhibition. The Minutes of the meeting are attached. RECOMMENDATION

That the report be received and noted. FINANCIAL IMPACT ASSESSMENT

There is no direct financial impact on Council’s adopted budget as a result of this report. ENVIRONMENTAL IMPACT ASSESSMENT

There is no direct environmental impact on Council arising from Council consideration of this matter. SOCIAL IMPACT ASSESSMENT

There is no direct social impact on Council arising from Council consideration of this matter. RISK ASSESSMENT

There are no direct or indirect risks impacting on Council arising from consideration of this matter. ATTACHMENTS

1. Minutes of the Hunters Hill Art Exhibition Advisory Committee Meeting held 7 July 2020 ⇩

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doust

ITEM NO : 4.17

SUBJECT : COUNCIL MEETING DATES FOR BALANCE OF 2020

STRATEGIC OUTCOME : COUNCIL IS RECOGNISED AND RESPECTED AS AN OPEN AND TRANSPARENT ORGANISATION

ACTION : COUNCIL AND COUNCILLORS ABIDE BY THE CODE OF CONDUCT, CODE OF MEETING PRACTICE AND LOCAL GOVERNMENT ACT

REPORTING OFFICER : LISA MISCAMBLE

Ref:467412

PURPOSE

This report provides the proposed meeting schedule for the balance of Council meetings for the balance of 2020. RECOMMENDATION

1. That the report be received and noted. 2. That the Meeting Schedule for Ordinary Meetings of Council for the balance of the 2020 be

adopted. 3. That the Meeting Schedule once adopted be advertised. REPORT

Council at its meeting held on 23 September 2019 set its meeting dates for the 2020 year. At the time of setting these dates it was anticipated that the local government elections would take place on 12 September 2020 and as such dates were set up until 10 August 2020, in accordance with OLG requirements. The Local Government Act 1993 requires the following: The Council is required to meet at least 10 times each year (s.365), each time in a different month. The Council Code of Meeting Practice provides the following: Timing of ordinary council meetings

3.1 Ordinary meetings of the council will be held on the second and fourth

Mondays of each month in the Council Chamber at the Town Hall, Hunters Hill, commencing at 7.30pm except where a meeting falls within school holidays.

When a Public Holiday falls on the Monday set down for a meeting, such meeting is to be held on the succeeding Tuesday, unless the Council decides otherwise by resolution.

3.2 Ordinary meeting times and venues may be varied by specific resolution of

Council or by direction of the Mayor. Wherever practicable, public notice of the variation shall be given.

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Item 4.17 Page 106

A Supplement to the Council’s Code of Meeting Practice was created to reflect a guide to the changes associated with the conduct of remote access meetings during COVID-19. This supplement included the earlier commencement time of 6pm with a conclusion time of 9:30pm. The supplement also allows for remote attendance of Councillors and Council officers with audio visual recording capabilities for public viewing. Council expects to continue with remotely attended meetings as necessary during COVID-19. The public are notified of the revised start date along with meeting details in accordance with sections 3.4, 3.5 and 3.6 of Council’s Code of Meeting Practice. In order to comply with the Office of Local Government requirements, Councils are required to conduct ten (10) ordinary meetings to Council each calendar year. During 2020, Council has held nine (9) meetings (including this meeting of 27 July) as the meeting scheduled for 10 February and the 23 March 2020 were cancelled due to the severe storm and COVID-19.

REPORT

The State Government have advised that due to the COVID-19 pandemic that the local government elections will be delayed until 4 September 2021. As such Council needs to confirm its meeting schedule, as the last meeting for 2020 is scheduled for 10 August 2020. During the COVID-19 pandemic Council has continued to meet remotely to meet the public health orders. During this time Council has adjusted the meeting start times to 6.00pm. Proposed Dates for the balance of 2020 Set out below are the proposed dates for the Ordinary Meetings for the balance of 2020. Council elections are scheduled for Saturday 4 September 2021. For a period of one month prior to the election, Council is required to move into caretaker mode so the last meeting of the current Council will be held on Monday 26 July 2021. The first meeting of the newly elected Council will occur once the election results are finalized (usually late September). This will be an Extraordinary Meeting where the only business is the election of the Deputy Mayor and the issuing of delegations. Public Holidays and School Holidays are also highlighted in the table. The Meeting Date schedule complies with the Local Government Act requirement that Council meets at least 10 times a year, each time in a different month. Ordinary Meetings of Council for the remainder of 2020

MONTH DAY Every 2nd Monday DATE

Every 4th Monday DATE

August Monday 10 24

September Monday 14 SCHOOL HOLIDAYS

October Monday 12 26

November Monday 9 23

December Monday 14 SCHOOL HOLIDAYS

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Item 4.17 Page 107

A report proposing the dates for the 2021 calendar year will presented to Council at the December 2020 meeting. This timing will enable a reassessment of the public health orders and frequency of meetings. FINANCIAL IMPACT ASSESSMENT

There is no direct financial impact on Council’s adopted budget as a result of this report. ENVIRONMENTAL IMPACT ASSESSMENT

There is no direct environmental impact on Council arising from Council consideration of this matter. SOCIAL IMPACT ASSESSMENT

There is no direct social impact on Council arising from Council consideration of this matter. RISK ASSESSMENT

There are no direct or indirect risks impacting on Council arising from consideration of this matter. ATTACHMENTS

There are no attachments to this report.

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COUNCIL IN COMMITTEE OF THE WHOLE Meeting 4482 - 27 July 2020

Page 108

COUNCIL IN COMMITTEE OF THE WHOLE

In accordance with Section 10A(2) of the Local Government Act 1993, Council can exclude

members of the public from the meeting and go into Committee of the Whole to consider

confidential matters, if those matters involve:

(a) personnel matters concerning particular individuals; or

(b) the personal hardship of any resident or ratepayer; or

(c) information that would, if disclosed, confer a commercial advantage on a person

with whom the council is conducting (or proposes to conduct) business; or

(d) commercial information of a confidential nature that would, if disclosed;

(i) prejudice the commercial position of the person who supplied it, or

(ii) confer a commercial advantage on a competitor of the council, or

(iii) reveal a trade secret, or

(e) information that would, if disclosed, prejudice the maintenance of law; or

(f) matters affecting the security of the council, councillors, council staff or council

property; or

(g) advice concerning litigation, or advice that would otherwise be privileged from

production in legal proceedings on the ground of legal professional privilege or

information concerning the nature and location of a place; or

(h) an item of Aboriginal significance on community land,

and Council considers that the closure of that part of the meeting for the receipt or discussion of

the nominated items or information relating thereto is necessary to preserve the relevant

confidentiality, privilege or security of such information, and discussion of the material in open

session would be contrary to the public interest.

In accordance with Section 10A(4) of the Local Government Act 1993 the Chairperson will invite

members of the public to make verbal representations to the Council on whether the meeting

should be closed to consider the following confidential matters.

RECOMMENDATION

1. THAT pursuant to Section 10A subsections 2 & 3 and Section 10B of the Local

Government Act, 1993 (as amended) the following items on the agenda for the

Ordinary Council meeting be dealt with in Committee of the Whole for the reasons

specified below:

8.1 Purchase of Land Lot 2 DP 302748 105 Pittwater Road Hunters

Hill

Item 8.1 is confidential in accordance with s10A(2)(c) of the Local

Government Act because it contains information that would, if disclosed,

confer a commercial advantage on a person with whom the Council is

conducting (or proposes to conduct) business.

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

Session on the basis that these items are considered to be of a confidential nature.

3. That the Minutes and Business Papers including any reports, correspondence,

documentation or information relating to such matter be treated as confidential and

be withheld from access by the press and public, until such time as the Council

resolves that the reason for confidentiality has passed or become irrelevant.