FINAL MINUTES - 28 APRIL 2015 · item-7 budget review as at 31 march 2015 27 item-8 hills shire...

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

the Council Chambers on 28 April 2015

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

on 28 April 2015

ITEM SUBJECT PAGE

ITEM-1 CONFIRMATION OF MINUTES 3

MAYORAL MINUTE NO 4/2015 - THANKS TO DEDICATED

VOLUNTEERS AND STAFF

3

MAYORAL MINUTE NO 5/2015 - CENTENARY OF ANZAC 3

COMMUNITY FORUM 4

ITEM-2 VOLUNTARY PLANNING AGREEMENTS - MACKILLOP

DRIVE, BOX HILL NORTH & CARLINGFORD KEY SITES

6

ITEM-3 POST EXHIBITION - 160-162 EXCELSIOR ROAD,

CASTLE HILL - KEEN KIDDIES (3/2015/PLP)

4

ITEM-4 DA 428/2007/HA/B - PROPOSED SECTION 96(1A)

MODIFICATION APPLICATION TO A SALES AND

INFORMATION CENTRE - LOT 151 DP 280009, NO. 10-

12 BELLCAST ROAD, ROUSE HILL

5

ITEM-5 DA 712/2015/ZD - SUBDIVISION CREATING FIVE

COMMUNITY TITLE RURAL RESIDENTIAL LOTS AND

ONE COMMUNITY ASSOCIATION LOT - LOT 102 DP

807427, NO. 110 WISEMANS FERRY ROAD, CATTAI

7

ITEM-6 PROPERTY DEALINGS RELATING TO DEVELOPMENT

MATTERS

26

ITEM-7 BUDGET REVIEW AS AT 31 MARCH 2015 27

ITEM-8 HILLS SHIRE PLAN 2014/15 REVIEW 3 27

ITEM-9 DRAFT HILLS SHIRE PLAN 2015/16 - 2018/19 27

ITEM-10 TENDER T15/22 - APPOINTMENT OF LICENSED REAL

ESTATE AGENT

28

ITEM-11 PECUNIARY INTEREST REPORT- MARCH 2015 27

ITEM-12 INFORMATION AND STATUS REPORTS - APRIL 2015 28

QUESTIONS WITHOUT NOTICE 29

CLOSED COUNCIL 29

ITEM-13 PURCHASE OF PART 22-24 WITHERS ROAD,

KELLYVILLE FOR PUBLIC RECREATION & ROAD

WIDENING

30

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

in the Council Chambers on 28 April 2015

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

held on 28 April 2015

175 PRESENT

Clr A C Jefferies (Mayor, in the Chair)

Clr Dr M R Byrne Adjunct Professor (Deputy Mayor)

Clr R K Harty OAM

Clr A J Hay OAM

Clr A N Haselden

Clr R A Preston

Clr M O Taylor

Clr M G Thomas

Clr R M Tracey

176 APOLOGIES

Clr Dr J N Lowe

Clr Y D Keane

Clr P J Gangemi

177 TIME OF COMMENCEMENT

7.05pm

178 TIME OF COMPLETION

9.05pm

179 DECLARATIONS OF INTEREST

Nil.

180 ARRIVALS AND DEPARTURES

8.12pm Councillor Thomas left the meeting during Item 2 and returned at 8.17pm

during Item 5.

8.14pm Councillor Preston left the meeting during Item 2 and returned at 8.18pm

during Item 5.

9.01pm Councillor Dr Byrne left the meeting during Item 12 and returned at

9.03pm during Closed Council.

181 DISSENT FROM COUNCIL'S DECISIONS

Item 13 Councillor Hay

182 ADJOURNMENT & RESUMPTION

Nil.





ITEM-1 CONFIRMATION OF MINUTES

A MOTION WAS MOVED BY COUNCILLOR DR BYRNE ADJUNCT PROFESSOR AND

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

Council held on 14 April 2015 be confirmed.

THE MOTION WAS PUT AND CARRIED.

183 RESOLUTION

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

APOLOGIES

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

BYRNE ADJUNCT PROFESSOR THAT the apology from Councillors Dr Lowe, Keane and

Gangemi be accepted and leave of absence granted.


184 RESOLUTION

The apology from Councillors Dr Lowe, Keane and Gangemi be accepted and leave of

absence granted.

MAYORAL MINUTE NO 4/2015 - THANKS TO DEDICATED VOLUNTEERS AND

STAFF

A MOTION WAS MOVED BY COUNCILLOR JEFFERIES AND SECONDED BY COUNCILLOR

HASELDEN THAT Council acknowledge and thank staff, volunteers from the SES, RFS

and officers from Police, Fire and Rescue and Ambulance NSW for their outstanding

efforts during last week’s storm.


185 RESOLUTION

Council acknowledge and thank staff, volunteers from the SES, RFS and officers from

Police, Fire and Rescue and Ambulance NSW for their outstanding efforts during last

week’s storm.

MAYORAL MINUTE NO 5/2015 - CENTENARY OF ANZAC

A MOTION WAS MOVED BY COUNCILLOR JEFFERIES AND SECONDED BY COUNCILLOR

THOMAS THAT Council thank the Hills Centenary of ANZAC Committee for their hard

work and organisation of the Centenary of ANZAC celebrations


186 RESOLUTION

Council thank the Hills Centenary of ANZAC Committee for their hard work and

organisation of the Centenary of ANZAC celebrations.





COMMUNITY FORUM

187 OFFER OF LICENCE FOR FUTURE COMMUNITY BASED PRE SCHOOL IN NORTH

ROCKS RESERVE, CARLINGFORD

Mr Howard Groom of North Rocks, representing North Rocks Preschool Incorporated,

addressed the Council. He has been involved in the preparation of the Preschool’s recent

submission for a licence to operate a new Preschool to be constructed within North Rocks

Reserve.

Mr Groom passed on the thanks of the parents and staff who are involved now and in the

future for the Council’s decision to award a licence to North Rocks Preschool

Incorporated. He acknowledged the breadth of issues that Council considers and he

hopes that the Management Committee has shown that it does not have a blinkered view

of the world.

The Management Committee looks forward to settling down now that its relocation

project has crystallised and working with Council to deliver this crucial community

service.

Mr Groom acknowledged the contributions of Council officers, Ms Lori Modde and Mr

Laurie Doorie and the Preschool is happy to assist these officers with any further input

on the various phases of the new facility’s construction.

ITEM-3 POST EXHIBITION - 160-162 EXCELSIOR ROAD,

CASTLE HILL - KEEN KIDDIES (3/2015/PLP)

Proceedings in Brief

Mrs Yvonne Draybi, Applicant, Owner and Operator of Keen Kiddies addressed Council

regarding this matter.

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

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

THE MOTION WAS PUT AND CARRIED UNANIMOUSLY.

188 RESOLUTION

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

Environmental Plan 2012 to permit a child care centre at 160-162 Excelsior Avenue,

Castle Hill (Lots 1 and 2, DP 562533) proceed to finalisation.

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

matter

VOTING FOR THE MOTION

Clr Jefferies

Clr Dr Byrne

Clr Hay OAM

Clr Tracey

Clr Thomas

Clr Preston





Clr Taylor

Clr Harty OAM

Clr Haselden

VOTING AGAINST THE MOTION

None

ITEM-4 DA 428/2007/HA/B - PROPOSED SECTION 96(1A)

MODIFICATION APPLICATION TO A SALES AND

INFORMATION CENTRE - LOT 151 DP 280009, NO.

10-12 BELLCAST ROAD, ROUSE HILL

Proceedings in Brief

Mr John Kechagias Architect representing the applicant addressed Council regarding this

matter.

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

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


189 RESOLUTION

The Section 96 Modification Application be refused as follows:

1. The proposal will effectively result in the subdivision of a dual occupancy

development which is prohibited under the provisions of Local Environmental Plan

2012.

(Section 79C(1)(a)(i) of the Environmental Planning and Assessment Act, 1979).

2. The proposal is contrary to the provisions of Local Environmental Plan 2012 in

regard to minimum lot size requirements.


3. The proposal does not reflect the aims of Local Environmental Plan 2012 in that

the proposal does not reflect orderly development.



matter


Clr Jefferies

Clr Dr Byrne

Clr Hay OAM

Clr Tracey

Clr Thomas

Clr Taylor

Clr Harty OAM

Clr Haselden


Clr Preston





8.12pm Councillor Thomas left the meeting during Item 2 and returned at 8.17pm

during Item 5.

8.14pm Councillor Preston left the meeting during Item 2 and returned at 8.18pm during

Item 5.

ITEM-2 VOLUNTARY PLANNING AGREEMENTS - MACKILLOP

DRIVE, BOX HILL NORTH & CARLINGFORD KEY

SITES


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

adopted.


190 RESOLUTION

Council authorise its Seal to be affixed to the following Voluntary Planning Agreements:

1. Voluntary Planning Agreement for Key Site 3 (2-14 Thallon Street and 7-13 Jenkins

Road, Carlingford) (ECM Document No. 84791551 – previously reported to Council on

12 July 2011);

2. Voluntary Planning Agreement for Key Site 4 (2-12 James Street, Carlingford) (ECM

Document No. 84791551 – previously reported to Council on 12 July 2011);

3. Voluntary Planning Agreement for Key Site 6 (1-7A Thallon Street, Carlingford) (ECM

Document No. 84791551 – previously reported to Council on 12 July 2011);

4. Voluntary Planning Agreement for Key Site 17 (14-30 Shirley Street and 2-10 Janelle

Crescent, Carlingford) (ECM Document No. 84791551 – previously reported to

Council on 12 July 2011);

5. Voluntary Planning Agreement for 64 Mackillop Drive, Baulkham Hills (ECM Document

No. 124375355 – previously reported to Council on 13 August 2013); and

6. Voluntary Planning Agreement for Box Hill North Precinct (ECM Document No.

151421849 – previously reported to Council on 10 February 2015).


matter


Clr Jefferies

Clr Dr Byrne

Clr Hay OAM

Clr Tracey

Clr Taylor

Clr Harty OAM

Clr Haselden


None





ABSENT FROM THE ROOM

Clr Thomas

Clr Preston

ITEM-5 DA 712/2015/ZD - SUBDIVISION CREATING FIVE

COMMUNITY TITLE RURAL RESIDENTIAL LOTS AND

ONE COMMUNITY ASSOCIATION LOT - LOT 102 DP

807427, NO. 110 WISEMANS FERRY ROAD, CATTAI

A MOTION WAS MOVED BY COUNCILLOR TAYLOR AND SECONDED BY COUNCILLOR

TRACEY THAT the Recommendation contained in the report be adopted.

THE MOTION WAS PUT AND CARRIED UNANIMOUSLY.

191 RESOLUTION

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

GENERAL MATTERS

1. Approved Plan

The subdivision must be carried out in accordance with the approved plan of subdivision

prepared by Group Development Services, Project Ref. CAT110, Drawing Number DA-

101, Revision A, Sheet 1 of 3, dated 07/11/14 and other supporting documentation

except where amended by other conditions of consent.

2. Compliance with NSW Office of Water Requirements

Compliance with the requirements of the NSW Office of Water throughout all stages of

the subdivision as outlined in their letter dated 19 December 2014, Ref 10

ERM2014/1139 attached to this consent as Appendix A.

3. Compliance with NSW Rural Fire Service Requirements

Compliance with the requirements of the NSW Rural Fire Service throughout all stages of

the subdivision as outlined in their letter dated 6 February 2015, Ref D14/3541 attached

to this consent as Appendix B.

4. Compliance with NSW Roads and Maritime Services Requirements

Compliance with the requirements of the NSW Roads and Maritime Services throughout

all stages of the subdivision as outlined in their letter dated 23 March 2015, Ref

SYD15/00281 attached to this consent as Appendix C.

5. Compliance with Endeavour Energy Requirements

Compliance with the requirements of Endeavour Energy throughout all stages of the

subdivision as outlined in their letter dated 15 January 2015 attached to this consent as

Appendix D, specifically;

Statutory clearances to the conductors are to be maintained at all times.

It should be noted that power lines are designed to allow for sag and swing

sideways, consequently allowance for this needs to be considered at all times.

The statutory clearance from 0kv to 132kv conductors is 3 metres, in all

directions, at all times.





Changes to the ground levels underneath the Transmission and Distribution Mains

are not permitted without the prior written approval of Endeavour to be sought

prior to the issue of a Construction Certificate for any works on site.

The minimum height above the road carriageways is 7.3 metres.

6. Subdivision Certificate Pre-Lodgement Meeting/ Check

Prior to the submission of a Subdivision Certificate application a draft copy of the final

plan, administration sheet and Section 88B instrument (where included) must be

submitted in order to establish that all conditions have been complied with.

Street addresses for the lots within this subdivision will be allocated as part of this

preliminary check process, for inclusion on the administration sheet.

7. Community Association Lot

All lots or dwellings within the community scheme must be entitled to utilise the

community lot and share in the costs associated with its upkeep.

8. Contamination

Any new information, that may come to light during construction works, which has the

potential to alter previous conclusions about site contamination, shall be immediately

notified to Council’s Manager – Environment and Health.

9. Tree Removal

Approval is granted for the removal of sixty seven (67) trees as marked in Arborist

report prepared by Eco Logical dated November 2014.

All other trees are to remain and are to be protected during all works. Suitable

replacement trees are to be planted upon completion of construction.

10. Replacement Planting Requirements

To maintain the treed environment of the Shire seventy (70) local provenance advanced

(25 litres) replacement trees from the following list are to be planted elsewhere within

the property.

Allocasuarina littoralis Black She-oak

Angophora bakerii Narrow-leaved Apple

Ceratopetalum apetalum Coachwood

Corymbia eximia Yellow Bloodwood

Angophora floribunda Rough-barked Apple

Eucalyptus acmenoides White Mahogany

Eucalyptus punctata Grey Gum

11. Contamination Assessment & Site Remediation

The recommendations of the Stage 1 Soil Supplemented Preliminary Site Investigation

prepared by DLA Environmental Pty Ltd, referenced as DL3398_S002264, dated

November 2014 and submitted as part of the Development Application are to be

implemented as part of this approval.

12. Fauna Protection

Trees with hollows shall be lopped in such a way that the risk of injury or mortality to

fauna is minimised, such as top-down lopping, with lopped sections gently lowered to the

ground, or by lowering whole trees to the ground with the “grab” attachment of a

machine.

Any injured fauna placed into the hands of a wildlife carer and is to be appropriately

cared for and released on site when re-habilitated (please note only appropriately

vaccinated personnel are to handle bats).





13. Dam Dewatering Requirements

The general dam dewatering recommendations of the Dam Decommissioning Work

Method Procedure prepared by DLA Environmental Pty Ltd, referenced as

DL3398_S002553, dated February 2015 and submitted as part of the Development

Application are to be implemented for the dewatering of the small dam located in the

passageway of the proposed road as part of this approval.

14. Demolition of Ecomax - Onsite Sewage Management System

A contamination assessment is to be undertaken of the existing wastewater

management facility prior to demolition to determine appropriate disposal.

The Contamination assessment and receipts of disposal are to be provided to Council’s

Manager – Environment and Health.

Council’s Environmental Health section is to be notified 72hours before demolition.

15. Construction Certificate

Before any works are carried out a Construction Certificate must be obtained. The plans

and accompanying information submitted with the Construction Certificate must comply

with the conditions included with this consent.

16. Proposed Street Naming

A written application for street naming must be submitted to Council for approval, along

with the applicable fee as per Council’s Schedule of Fees and Charges. The street names

proposed must comply with requirements of the NSW Geographical Names Board and

Council.

The application must nominate three suggested names per street, in order of preference,

and the source of the names proposed.

17. Wastewater Management Report

Future development must give consideration to the recommendations provided in the

On-site Wastewater Management Report prepared by Nyranie Consulting dated 21

September 2014.

PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE

18. Section 94A Contribution

Pursuant to section 80A (1) of the Environmental Planning and Assessment Act 1979,

and The Hills Section 94A Contributions Plan, a contribution of $6,160.00 shall be paid

to Council. This amount is to be adjusted at the time of the actual payment in

accordance with the provisions of the Hills Section 94A Contributions Plan.

The contribution is to be paid prior to the issue of the Construction Certificate or

Complying Development Certificate.

You are advised that the maximum percentage of the levy for development under

section 94A of the Act having a proposed construction cost is within the range specified

in the table below;

Proposed cost of the development Maximum percentage of the levy

Up to $100,000 Nil

$100,001 - $200,000 0.5 %

More than $200,000 1%





19. Bank Guarantee Requirements

Any bank guarantee submitted in lieu of a cash bond must comply with the following:

a) Have no expiry date;

b) Be sent to Council direct from the bank;

c) Reference the development application, condition and matter to which it relates;

d) The amount must match that required to be paid;

e) If a single bank guarantee is used for multiple bonds, it must be itemised.

f) Should Council need to uplift the bank guarantee, notice in writing will be

forwarded to the applicant 14 days beforehand.

20. Sediment and Erosion Control Plan

A sediment and erosion control plan prepared in accordance with Council’s Works

Specification Subdivision/ Developments must be submitted. The plan must include:

a) Allotment boundaries;

b) Adjoining roads;

c) Contours;

d) Existing vegetation;

e) Existing site drainage;

f) Critical natural areas;

g) Location of stockpiles;

h) Erosion control practices;

i) Sediment control practices; and

j) A maintenance program for the erosion and sediment controls.

21. Engineering Works and Design

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

in accordance with the following documents and requirements:

a) Council’s Design Guidelines Subdivisions/ Developments

b) Council’s Works Specifications Subdivisions/ Developments

Variation from these documents can only be approved by Council’s Manager –

Subdivision and Development Certification.

Engineering works can be classified as either “subdivision works” or “building works” as

categorised below:

1. Works within an existing or proposed public road, or works within an existing or

proposed public reserve. These works can only be approved, inspected and certified

by Council in accordance with the Roads Act 1993 and the Local Government Act

1993 respectively. For Council to issue this approval the following must be provided:

a) A completed application form.

b) An electronic copy of the design plans and accompanying documentation.

c) Payment of the applicable application and inspection fees.

d) Payment of any required security bonds.





2. Works within the development site, or an adjoining private property, that relates to

existing or proposed Council infrastructure assets, such as the laying of a

stormwater pipeline or the formation of an overland flow path within a public

drainage easement. These works can only be approved, inspected and certified by

Council because Council will have an ongoing risk exposure and management/

maintenance liability with respect to these assets once completed.

A “compliance certificate” as per Section 109(1)(a)(ii) of the Environmental Planning

and Assessment Act 1979 can be issued certifying that the detailed design for these

works complies with the requirements listed and the above documents. This

“compliance certificate” can be issued by Council’s Manager – Subdivision and

Development Certification and not a private certifier, as discussed. Once approved,

the works must be carried out under the supervision of Council’s Construction

Engineer in accordance with the terms attached to the issued “compliance

certificate”. Post construction, a further “compliance certificate” as per Section

109(1)(a)(i) of the Environmental Planning and Assessment Act 1979 can be issued

certifying that the as-built infrastructure and associated works have been carried out

to the satisfaction of Council’s Construction Engineer. Alternatively, these works can

be incorporated into any construction approval granted under category (1) above.

3. Works within the development site, or adjoining private properties, that do not

relate to existing or proposed Council infrastructure assets, such as water sensitive

urban design elements or inter-allotment drainage pipelines. Such works can be

approved, inspected and certified by either Council or a private certifier, so long as

the private certifier is accredited to do so.

This certification must be included with the documentation approved as part of any

Construction Certificate. The designer of the engineering works must be qualified,

experienced and have speciality knowledge in the relevant field of work.

The following engineering works are required:

i. Full Width Road Construction (Rural Cluster)

The private road must be designed and constructed in accordance with the following

requirements:

- A suitable pavement design complying with Council’s Standard Drawing 42.

ii. Turning Heads

Cul-de-sac turning heads must be provided at the end of the road construction that is

done as part of the subdivision works. The cul-de-sac must have a 19m diameter at its

widest point measured from the edge of road seal on each side.

iii. Street Names Signs

Street name signs and posts are required in accordance with the above documents and

Council’s Standard Drawing 37. Details for all signage and line-marking must be

submitted to Council for checking prior to works commencing.

iv. Gutter Crossings

Gutter crossings to each of the proposed new lots are required.

v. Service Conduits

Service conduits to each of the proposed new lots, laid in strict accordance with the

relevant service authority’s requirements, are required. Services must be shown on the

engineering drawings.





vi. Earthworks/ Site Regrading

Earthworks are limited to that shown on the approved plans. Where earthworks are not

shown on the approved plan the topsoil within lots must not be disturbed.

vii. Stormwater Drainage – Creek Outlets

Piped stormwater outlets/ connections to a natural watercourse must comply with the

requirements of Council and the NSW Office of Water.

viii. Stormwater Drainage – Rural

Stormwater runoff from lots 5 and 6 is to be dispersed over the rear of the site via a

level spreader/ absorption trench or similar, in lieu of a formal legal point of stormwater

discharge via a piped connection/ outlet to a natural watercourse.

PRIOR TO ANY WORK COMMENCING ON SITE

22. Protection of Existing Trees

The trees that are to be retained are to be protected during all works strictly in

accordance with AS4970- 2009 Protection of Trees on Development Sites.

Temporary fencing is to be installed along the Community Lot boundary shown on

figures 4 and 5 of the Arborist report prepared by Eco Logical Australia dated November

2014. Fencing must be erected prior to construction works and signage erected to

distinguish areas of vegetation that must be retained.

At a minimum temporary construction fencing is to consist of star pickets with highly

visible parawebbing or similar and must be installed prior to works commencing to

restrict the following occurring:

Stockpiling of materials within the root protection zone,

Placement of fill within the root protection zone,

Parking of vehicles within the root protection zone,

Compaction of soil within the root protection zone.

The installation of services within the root protection zone is not to be undertaken

without prior consent from Council.

23. Traffic Control Plan

A Traffic Control Plan is required to be prepared and submitted to Council for approval.

The person preparing the plan must have the relevant accreditation to do so. Where

amendments to the plan are required post approval, they must be submitted to Council

for further approval prior to being implemented.

A plan that includes full (detour) or partial (temporary traffic signals) width road closure

requires separate specific approval from Council. Sufficient time should be allowed for

this to occur.

24. NSW Roads and Maritime Services Design Approval

The design and construction of the works in Wisemans Ferry Road must be approved by

the NSW Roads and Maritime Services (RMS) before any works commence on that road.

A copy of the RMS stamped approved construction plans must be submitted to Council.

25. Erection of Signage – Supervision of Work

In accordance with Clause 98A(2) of the Environmental Planning and Assessment

Regulations 2000, a sign is to be erected in a prominent position displaying the following

information:





a) The name, address and telephone number of the Principal Certifying Authority;

b) The name and telephone number (including after hours) of the person responsible for

carrying out the works;

c) That unauthorised entry to the work site is prohibited.

This signage must be maintained while the subdivision work is being carried out and

must be removed upon completion.

26. Contractors Details

In accordance with Section 109E(3) of the Environmental Planning and Assessment Act

1979, the contractor carrying out the subdivision works must have a current public

liability insurance policy with an indemnity limit of not less than $10,000,000.00. The

policy must indemnify Council from all claims arising from the execution of the works. A

copy of this insurance must be submitted to Council prior to works commencing.

27. Sediment and Erosion Control

The approved sediment and erosion control measures, including a stabilised all weather

access point, must be in place prior to works commencing and maintained during

construction and until the site is stabilised to ensure their effectiveness. For major

works, these measures must be maintained for a minimum period of six months

following the completion of all works.

DURING CONSTRUCTION

28. Standard of Works

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

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

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

Council.

29. Critical Stage Inspections – Subdivision Works

The subdivision works must be inspected by Council in accordance with the schedule

included in Council’s Works Specification Subdivisions/ Developments. A minimum of 24

hours’ notice is required for inspections. No works are to commence until the first

inspection has been carried out.

30. Subdivision Earthworks – Lot Topsoil

Where earthworks are not shown on the engineering drawings, the topsoil within lots

must not be disturbed. Where earthworks are shown, a 150mm deep layer of topsoil

must be provided, suitably compacted and stabilised in accordance with Council’s Works

Specification Subdivisions/ Developments.

31. Working Hours

All work must be restricted to between the hours of 7.00am and 5.00pm, Monday to

Saturday. No work can occur outside the hours specified above on Sundays or public

holidays. The contractor must instruct sub-contractors regarding the hours of work.

PRIOR TO THE ISSUE OF A SUBDIVISION CERTIFICATE

32. Vegetation Management Plan

A Vegetation Management Plan must be prepared in accordance with Council’s

Vegetation Management Plan Guidelines (available on Council’s website

http://www.thehills.nsw.gov.au). The Plan must be prepared by a suitably qualified bush

regenerator or restoration ecologist with a minimum Certificate IV in Conservation Land

Management. The Plan must be submitted to Council’s Manager – Environment and

Health for approval.





The Vegetation Management Plan must include details relating to:

The rehabilitation and management of native vegetation within the Community

Association Lot.

The production of an information fact sheet (maximum 1 page double sided)

prepared in accordance with Council’s Guidelines for preparing Information Fact

Sheet (available on Council’s website).

The wording and erection of signage at key locations.

The location and type of fencing required.

33. Vegetation Management Plan (VMP) Implementation

All performance criteria for the establishment phase of the VMP (5 years) must be

complied with prior to the issue of a Subdivision Certificate.

A statement certifying such compliance must be provided by the author of the VMP or an

equally qualified and experienced person.

Consideration may be given to early release of a Subdivision Certificate in lieu of this by

agreement with Council’s Manager – Subdivision and Development Certification, based

on alternative arrangements to secure the completion of works.

Such agreement must comply with s109J(2) of the EP&A Act and will be conditional upon

there being no circumstances prohibiting the issuing of a Subdivision Certificate

contained within s109J(1) of the EP&A Act at the time of any such agreement.

34. Completion of Subdivision Works

A Subdivision Certificate cannot be issued prior to the completion of all subdivision works

covered by this consent.

35. Compliance with NSW Rural Fire Service Requirements

A report/ letter from a qualified bushfire consultant must be submitted confirming that

the requirements of the NSW Rural Fire Service have been complied with.

36. Compliance with NSW Roads and Maritime Services Requirements

A letter from the NSW Roads and Maritime Services must be submitted confirming that

all works in Wisemans Ferry Road have been completed in accordance with their

requirements.

37. Compliance with NSW Office of Water Requirements

A letter from the NSW Office of Water must be submitted confirming that all works

associated with the Controlled Activity Authority have been completed to their

satisfaction.

38. Works as Executed Plans

Works as executed (WAE) plans prepared by a suitably qualified engineer or registered

surveyor must be submitted to Council when the subdivision works are completed. The

WAE plans must be prepared in accordance with Council’s Design Guidelines

Subdivisions/ Developments.

The plans must be accompanied by pavement density results, pavement certification,

concrete core test results, site fill results, structural certification, CCTV recording,

signage details and a public asset creation summary, where relevant.

39. Section 73 Compliance Certificate

A Section 73 Compliance Certificate issued under the Sydney Water Act 1994 must be

obtained from Sydney Water confirming satisfactory arrangements have been made for

the provision of water and sewer services. Application must be made through an





authorised Water Servicing Coordinator. The certificate must refer to this development

consent and all of the lots created.

40. Provision of Electrical Services

Submission of a notification of arrangement certificate confirming satisfactory

arrangements have been made for the provision of electrical services. This must include

the under-grounding of the existing electrical services fronting the site and removal of all

redundant poles and cables, unless otherwise approved by Council in writing. The

certificate must refer to this development consent and all of the lots created.

41. Provision of Telecommunication Services

Submission of a telecommunications infrastructure provisioning confirmation certificate

issued by the relevant telecommunications provider authorised under the

Telecommunications Act, or a design compliance certificate and an as-built compliance

certificate from the company engaged to design and construct the pit and pipe infrastructure,

confirming satisfactory arrangements have been made for the provision, or relocation, of

telecommunication services including telecommunications cables and associated

infrastructure. This must include the under-grounding of the existing telecommunication

services fronting the site and removal of all redundant poles and cables, unless

otherwise approved by Council in writing. The certificate must refer to this development

consent and all of the lots created.

42. Building Services

A letter from a registered surveyor must be submitted certifying that all facilities

servicing the existing/ partially constructed buildings are located wholly within their

respective lot or are otherwise contained within a suitable easement.

43. Final Plan and 88B Instrument

The final plan and Section 88B Instrument must provide for the following. Council’s

standard recitals must be used.

i. Easement – Private Stormwater Drainage

Inter-allotment drainage easements must be created to ensure each and every lot is

provided with a legal point of discharge. Easement widths must comply with Council’s

Design Guidelines Subdivisions/ Developments.

ii. Restriction – Flood Planning Level

Lots 5 and 6 must be burdened with a restriction that refers to the flood information

submitted with the development application using the “flood planning level” terms

included in the standard recitals.

iii. Restriction – Stormwater Management (Rural)

Lots 2 to 6 must be burdened with a restriction using the “stormwater management

(rural)” terms included in the standard recitals.

iv. Restriction/ Positive Covenant – Asset Protection Zone

Lots 2 to 6 must be burdened with a restriction and a positive covenant using the

“bushfire requirements/ asset protection zone” terms included in the standard recitals:

- Lots with a defined asset protection zone require a restriction and a positive covenant

that refers to an area defined in the plan.

- Lots required to be managed as an asset protection zone require a positive covenant.

- Lots mapped as bushfire prone land require a restriction noting this burden.





v. Restriction/ Positive Covenant – Vegetation Management Plan

Lot 1 must be burdened with a restriction and a positive covenant using the “vegetation

management plan/ restricted development area” terms included in the standard recitals.





Appendix A





Appendix B





Appendix C





Appendix D






matter


Clr Jefferies

Clr Dr Byrne

Clr Hay OAM

Clr Tracey

Clr Thomas

Clr Taylor

Clr Harty OAM

Clr Haselden

Clr Preston


None

CALL OF THE AGENDA


PRESTON THAT Items 6, 7, 8 and 11 be moved by exception and the recommendations

contained in the reports be adopted.


192 RESOLUTION

Items 6, 7, 8 and 11 be moved by exception and the recommendations contained in the

reports be adopted.

ITEM-6 PROPERTY DEALINGS RELATING TO DEVELOPMENT

MATTERS

193 RESOLUTION

Council consent to:

1. The release of an easement for drainage 2.44m wide from the title of Lot 5 DP

268487 and Lot 11 DP 517816, 42 and 44 Hezlett Road, Kellyville and the Section

88B instrument associated with the final plan of subdivision for DA 60/2014/ZB

releasing the easement be authorised for execution under Council seal.

2. The release of an easement for public access variable width from the title of Lot 1958

DP 1152712, 10 Half Penny Avenue, Kellyville and the Section 88B instrument

associated with the final plan of subdivision for DA 106/2015/ZA releasing the

easement be authorised for execution under Council seal.

3. The cancellation of three separate easements for public access 5m wide from the title

of Lot 1901 DP 1149041 and Lots 1950 and 1953 DP 1152712 (Thomas Boulton

Circuit and John Hillas Avenue, Kellyville) and the three separate request

documents/dealings be authorised for execution under Council seal.





ITEM-7 BUDGET REVIEW AS AT 31 MARCH 2015

194 RESOLUTION

The proposed budget variations in Attachment 1, Pages 1 to 5 and the variations

detailed in page 7-25 be adopted.

ITEM-8 HILLS SHIRE PLAN 2014/15 REVIEW 3

195 RESOLUTION

The Operations Program Review 3 Report for the quarter ended 31 March 2015 be

received.

ITEM-11 PECUNIARY INTEREST REPORT- MARCH 2015

196 RESOLUTION

Council note the tabling of the Returns.

ITEM-9 DRAFT HILLS SHIRE PLAN 2015/16 - 2018/19

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

OAM THAT the Recommendation contained in the report be adopted.


197 RESOLUTION

1. The Draft Management Plan containing the Community Strategic Direction – Hills

Future, Delivery Program, Operational Plan, and Resourcing Strategy containing the

Draft 2015/16 Budget, Capital Works Program and the Fees & Charges and proposed

Community Grants Program be endorsed and placed on public exhibition from

Thursday 30 April 2015 to Friday 29 May 2015. (Attachment 1 & 3)

2. Adopt the change to the Rating Structure by Increasing the current Base Rate

(Minimum Rate) from 38.93% to 45% in order reflect a more even distribution of

Rates over individual properties.

3. Transfer $5m from the Future Fund Reserve, $2m from the Insurance Reserve and $

1m from the Restoration Reserve to create a Storm Water Reserve of $8m to address

the backlog.





ITEM-10 TENDER T15/22 - APPOINTMENT OF LICENSED

REAL ESTATE AGENT


THOMAS THAT the Recommendation contained in the report be adopted.


198 RESOLUTION

1. For Tender T15/22, Council approve the appointment of CBRE Pty Ltd as the Licensed

Real Estate Agent for the sale of 51-53 Old Castle Hill Road, Castle Hill.

2. The General Manager be authorised to execute an Agency Agreement with CBRE Pty

Ltd for the sale of 51-53 Old Castle Hill Road, Castle Hill subject to the terms

discussed in this report.

3. A further report be submitted to Council for the sale of 51-53 Old Castle Hill Road,

Castle Hill to consider offers prior to the exchange of a contract of sale.

4. Council authorise the General Manager and Mayor to negotiate the commission/fee

with CBRE Pty Ltd for the future sale of Council properties, and subject to agreement

the General Manager be authorised to execute an Agency Agreement.

9.01pm Councillor Dr Byrne left the meeting during Item 12 and returned at 9.03pm

during Closed Council.

ITEM-12 INFORMATION AND STATUS REPORTS - APRIL 2015

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

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


199 RESOLUTION

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

be noted (ECM Document Nos 13536624, 13536625 and 13536627)

2. The Status of Outstanding Resolutions of Council as shown in the Attachment 4 be

noted (ECM Document Nos 13650449, 9650425, 10138601 and 9650435).

3. The Schedule of Questions and Answers at Council Meetings held in February 2015 as

shown in the Attachment 5 be noted (ECM Document Nos 13494303 and 13531448).

4. The Letters of Appreciation as shown in the Attachment 6 be noted (ECM Document

No 13633516).

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

Attachment 7 be noted (ECM Document No 13669285).

6. The status of Development Applications involving variations to Development

Standards shown in the Attachment 8 be noted (ECM Document No 13669890).





QUESTIONS WITHOUT NOTICE

200 CAR ACCIDENT – OAKES ROAD BETWEEN MUNDON PLACE AND CORAL TREE

DRIVE, WEST PENNANT HILLS

Following a pedestrian fatality which occurred in Oakes Road, West Pennant Hills

between Mundon Place and Coral Tree Drive on Saturday 25 April 2015, Councillor

Tracey asked whether the Council has a policy for informing Councillors of significant

incidents that occur in the Shire. He also asked if condolences could be passed on to the

family of the deceased person.

The Group Manager, Customer Services advised that there is no policy but it is his

practice to inform the Mayor and the General Manager of any incidents in the Shire that

appear in media monitoring messages.

201 UTILITIES METERING ON COUNCIL OWNED PROPERTIES

Councillor Haselden asked for a report on the outcome of an audit conducted of all gas,

electricity and water meters on Council owned properties in the Shire.

The General Manager advised that he would take the question on notice.

CLOSED COUNCIL


PRESTON THAT

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

of Item 13 pursuant to the relevant Clauses of Section 10A, Clause 2 of the Local

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

2. Council withhold access to Item 13 in accordance with the following table and Section

11(2) of the Local Government Act.

TABLE OF CONFIDENTIAL MATTERS

ITEM NO.: 13

SUBJECT: PURCHASE OF PART 22-24 WITHERS ROAD, KELLYVILLE FOR

PUBLIC RECREATION & ROAD WIDENING

Associated Report: N/A

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

advantage on a person with whom the Council is conducting

(or proposes to conduct) business.

Section: 10A(2)(c)

Public Interest On balance, the public interest in preserving the

confidentiality about the financial negotiations and valuation

details, contained within the report outweighs the public

interest in maintaining openness and transparency in Council

decision-making because the disclosure of this information

would put the Council at a competitive disadvantage

preventing it from achieving a “best value for money”

outcome for the wider community.

THE MOTION WAS PUT AND CARRIED





202 RESOLUTION

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

of Item 13 pursuant to the relevant Clauses of Section 10A, Clause 2 of the Local

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

2. Council withhold access to Item 13 in accordance with the above table and Section

11(2) of the Local Government Act.

9.03pm Council entered into Closed Session.

ITEM-13 PURCHASE OF PART 22-24 WITHERS ROAD,

KELLYVILLE FOR PUBLIC RECREATION & ROAD

WIDENING


TAYLOR THAT the Recommendation contained in the report be adopted.


203 RESOLUTION

1. Council agree to purchase Lots 66 & 67 in a subdivision of Lot 5A DP 394943 & Lot E

DP 27016, 22-24 Withers Road, Kellyville being land designated public recreation &

road widening for the price detailed in this report with a Contract, Deed & Transfer

authorised for execution under seal.

2. Council classify Lot 66 in a subdivision of Lot 5A DP 394943 & Lot E DP 27016 as

“Community Land” and deemed non-rateable pursuant to Sections 25 and 556

respectively of the Local Government Act 1993.

3. Council classify Lot 67 in a subdivision of Lot 5A DP 394943 & Lot E DP 27016 as

“Operational Land” upon acquisition to allow dedication as public road.

4. Upon acquisition, Lot 67 in a subdivision of Lot 5A DP 394943 & Lot E DP 27016 be

dedicated as Public Road pursuant to Section 10 of the Roads Act 1993.

(Councillor Hay requested that his name be recorded as opposing the resolution of

Council in this matter)

OPEN COUNCIL


THOMAS THAT the meeting resume in Open Council.


204 RESOLUTION

At 9.04pm the meeting resume in Open Council.





Members of the gallery were invited back into the Council Chambers and the Mayor

advised that during Closed Council one (1) resolution was passed. The General Manager

read out the resolutions for Item 13.

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

12 May 2015.

MAYOR GENERAL MANAGER

FINAL MINUTES - 28 APRIL 2015 · item-7 budget review as at 31 march 2015 27 item-8 hills shire...

Documents

Transcript of FINAL MINUTES - 28 APRIL 2015 · item-7 budget review as at 31 march 2015 27 item-8 hills shire...