Ordinary Meeting No. 4414 - Hunters Hill · 2019. 6. 17. · Prayer Attendance, Apologies,...

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Ordinary Meeting No. 4414 28 November 2016 at 7.30 PM Hunter's Hill Council

Transcript of Ordinary Meeting No. 4414 - Hunters Hill · 2019. 6. 17. · Prayer Attendance, Apologies,...

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Ordinary Meeting No. 4414

28 November 2016 at 7.30 PM

Hunter 's H i l l Counc i l

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ORDER OF BUSINESS

Acknowledgement of Country

Prayer

Attendance, Apologies,

Declarations of Interests

1 Confirmation of Minutes

2 Mayoral Minutes & Reports

Tabling of Petitions

Addresses from the Public

3 Notice of Motions

(including Rescission Motions)

Reports from Staff

4 Our Heritage & Built Environment

5 Our Community & Lifestyle

6 Our Environment

7 Moving Around

8 Our Council

9 Committees

10 Correspondence

11 Delegates Reports

12 General Business

13 Questions With or Without Notice

14 Council in Committee of the Whole

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Item Page 3

HUNTER'S HILL COUNCIL ORDINARY MEETING OF COUNCIL Meeting 4414 - 28 November 2016

INDEX

1 – CONFIRMATION OF MINUTES

1 Confirmation of Minutes of Ordinary Meeting 4413 held 14 November 2016

2 - MAYORAL MINUTES & REPORTS

Nil

3 - NOTICES OF MOTION INCLUDING RESCISSION MOTIONS

Nil

4 - OUR HERITAGE & BUILT ENVIRONMENT

4.1 17 Glenview Crescent, Hunters Hill 1 4.2 Release of District Plans and Update of Metropolitan Strategy "A Plan for Growing Sydney" 22 4.3 Joint Regional Planning Panel Recommendation regarding GSV Pre-Gateway

Review Request 36 4.4 Delegated Authority Report 40 4.5 Report of Legal Matters 48

5 - OUR COMMUNITY & LIFESTYLE

Nil

6 - OUR ENVIRONMENT

Nil

7 - MOVING AROUND

Nil

8 - OUR COUNCIL

8.1 Capital Works and Carry Over Projects 55 8.2 Quarterly Budget Review as at 30 September 2016 62 8.3 Summary of Council Investments as at 31 October 2016 73 8.4 Capital Works Program 76 8.5 Fit For The Future Merger Proposal Update 82 8.6 Model Code of Conduct - Report on Complaints Statistics 86

9 - COMMITTEES

9.1 Minutes of the Hunters Hill Access Advisory Committee Meeting held 10 November 2016 87

9.2 Minutes of the Bushland Management Working Party held 21 November 2016 91 9.3 Report on Councillor Briefings held 24 October 2016 101

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Item Page 4

10 - CORRESPONDENCE

Nil

11 - DELEGATES REPORTS

Nil

12 - GENERAL BUSINESS

12.1 Meetings - Various Committees of Council 103

13 - QUESTIONS WITH OR WITHOUT NOTICE

Nil

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CONFIRMATION OF MINUTES Meeting 4414 - 28 November 2016

Minutes of the Ordinary Meeting No. 4413 held on 14 November 2016. This is page 1

COMMENCEMENT

The meeting opened with Acknowledgement of Country and Prayer at 7.30 PM.

IN ATTENDANCE

The Mayor Councillor Richard Quinn, Deputy Mayor Councillor Mark Bennett, Councillors Peter Astridge, Gary Bird, Justine McLaughlin, Zac Miles and Meredith Sheil.

ALSO PRESENT

The General Manager Barry Smith, the Group Manager Development and Regulatory Control Steve Kourepis, and the Group Manager Works and Services David Innes.

APOLOGIES

No apologies were received.

DECLARATIONS OF INTEREST

The Mayor called for Declarations of Interest without response.

CONFIRMATION OF MINUTES

334/16 RESOLVED on the motion of Clr McLaughlin, seconded Clr Sheil

That the Minutes of Ordinary Meeting No. 4412, held 24 October 2016 be confirmed.

SUSPENSION OF STANDING ORDERS

335/16 RESOLVED on the motion of Clr Bennett, seconded Clr McLaughlin

That at 7:32 PM Standing Orders be suspended to allow a presentation to be made to the Mayor.

2.1 PRESENTATION TO MAYOR

PROCEEDINGS IN BRIEF

The General Manager advised the Council that LGNSW had conferred upon the Mayor, Clr Richard Quinn the title of Emeritus Mayor. The General Manager presented a Certificate and Pin to Clr Quinn.

RESUMPTION OF STANDING ORDERS

336/16 RESOLVED on the motion of Clr Bennett, seconded Clr Miles

That at 7:35 PM Standing Orders be resumed.

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CONFIRMATION OF MINUTES Meeting 4414 - 28 November 2016

Minutes of the Ordinary Meeting No. 4413 held on 14 November 2016. This is page 2

REPORTS FROM STAFF

OUR HERITAGE & BUILT ENVIRONMENT

4.1 2 ADY STREET, HUNTERS HILL

337/16 RESOLVED on the motion of Clr Miles, seconded Clr McLaughlin

A. That the Council as the consent authority being satisfied that the objection under State Environmental Planning Policy No.1 to vary the Landscaped Area provisions under Clause 16A, of the Hunters Hill Local Environmental Plan 2012 is well founded.

B. That a “Deferred Commencement” consent be granted pursuant to

Section 80(3) 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. The proposed development is for excavation and laying of a new floor.

The ground to ceiling heights of the proposed dining, family room and study do not measure 2400mm, as required by Part 3.8 of the BCA. Amended plans are to be submitted to Council.

2. The following additional information relating to tree management is required to be submitted for assessment: Tree Management An Arboricultural Impact Assessment Report and Tree Protection Plan should be submitted for the neighbouring trees located within 52 Alexandra Street. The report should address the impact of all works within the SRZ and/or TPZ of the trees to be retained. The report should outline tree protection measures for all trees to be retained. The report should be prepared by an Arborist with a minimum qualification (using the Australian Qualifications Framework) of NSW TAFE Level 5 or above in Arboriculture. The report should be based on methods outlined within Australian Standard 4970-2009 Protection of Trees on Development Sites and should contain the following information:

Site address

Author of the report, contact details & qualification

Site Plan showing the location of the trees

Tree numbers which correspond to the text of the report

Scope of the report and documentation viewed as part of the

assessment

Methods used in the site and tree inspection

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CONFIRMATION OF MINUTES Meeting 4414 - 28 November 2016

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For the subject tree the following should be provided:

i. Species

ii. Height, Crown Spread & DBH (Diameter at Breast

Height)

iii. Health

iv. Structural Condition

v. Overall Retention Value

vi. Tree Protection Zone and Structural Root Zone

vii. Impact of proposed development and encroachment

type

viii. Details of tree sensitive construction methods, if

recommended

ix. Proposed pruning works

x. Tree protection measures for trees to be retained

xi. Resource material referenced using the Harvard system

Schedule No.2 That Development Application NO.2016/1109 for alterations and additions to ground and first floor at No.2 Ady Street, Hunters Hill, be approved, subject to the following conditions: Standard Conditions:

GEN0 GEN3 GEN5 GEN6 GEN7 GEN20 PCC0 PCC1 PCC2 PCC3 PCC4 PCC5 PCC11 PCC13 PCC41 PCW0 PCW1 PCW2 PCW3 PCW4 PCW5 PCW6 CSI0 CSI7 DEM0 DEM1 DEM4 DEM6 DEM8 DEM9 DEM11 CON0 CON1 CON2 CON3 CON4 CON5 CON7 CON8 CON9 CON10 CON11 CON12 CON13 CON14 POC0 POC2

Drawing Number Drawn By Plan

Dated Council Dated

Site Plan, DR-4059, sheet 02

The Plan Shop 01.07.16 01.07.16

Demolition plan, DR-4059, sheet 4

The Plan Shop 01.07.16 01.07.16

Demolition plan, DR-4059, sheet 5

The Plan Shop 01.07.16 01.07.16

Ground Floor Plan, DR-4059, sheet 06

The Plan Shop 01.07.16 01.07.16

Basement Plan, DR-4059, sheet 07

The Plan Shop 01.07.16 01.07.16

Elevation Plan, DR-4059, sheet 08

The Plan Shop 01.07.16 01.07.16

Elevation Plan, DR-4059, Sheet 09

The Plan Shop 01.07.16 01.07.16

Elevation Plan, DR-4059, Sheet 10

The Plan Shop 01.07.16 01.07.16

Section BB Plan, DR-4059, Sheet 11

The Plan Shop 01.07.16 01.07.16

Materials Schedule, DR-4059, Sheet 12

The Plan Shop 01.07.16 01.07.16

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CONFIRMATION OF MINUTES Meeting 4414 - 28 November 2016

Minutes of the Ordinary Meeting No. 4413 held on 14 November 2016. This is page 4

RECORD OF VOTING

Yes Against

Clr Richard Quinn

Clr Meredith Sheil

Clr Peter Astridge

Clr Mark Bennett

Clr Gary Bird

Clr Zac Miles

Clr Justine McLaughlin

SUSPENSION OF STANDING ORDERS

338/16 RESOLVED on the motion of Clr Miles, seconded Clr McLaughlin

That at 7:47 PM Standing Orders be suspended to allow item 4.8 to be discussed in conjunction with Item 4.2 .

4.8 SUPPLEMENTARY REPORT 43A WYBALENA ROAD HUNTERS HILL

PROCEEDINGS IN BRIEF

Mr Gary Chapman (Consultant for Objectors) addressed the Council on this matter.

Mr Andrew Martin (Consultant for Applicant) addressed the Council on this matter.

339/16 RESOLVED on the motion of Clr Miles, seconded Clr McLaughlin

That the report is received and noted.

RESUMPTION OF STANDING ORDERS

340/16 RESOLVED on the motion of Clr McLaughlin, seconded Clr Miles

That at 7:41 PM Standing Orders be resumed.

4.2 43A WYBALENA ROAD, HUNTERS HILL

341/16 RESOLVED on the motion of Clr Miles, seconded Clr Bennett

That Development Application No.2009/1034-4 under section 96 of the Act for the amendment to landscaping, swimming pool deck and removal of paved area at No.43A Wybalena Road, Hunters Hill, be approved subject to conditions No.2 and No.70 being altered and additional conditions Nos.71 to 77 being imposed, as follows: 2. The development consent No.2009/1034 relates to plans prepared by

Aleksandar Design Group Project No.0737 numbered S96/07 Issue J dated 15 June 2012, as received by Council on 18 June 2012, and plans prepared by PSI Architects Project 2015.09.SK drawing Nos. SK 02 Issue B, SK 03 Issue C dated 16 Sept 2016, SK 05 Issue B, SK 06 Issue B, SK 07 Issue B and SK 09 Issue B dated 29 June 2016 as received by Council on 1 July 2016, except where amended by conditions of this consent. The existing swimming pool is to be accurately shown on the site plan and ground floor plan based on survey data including its dimensions from the boundaries and the dwelling house.

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CONFIRMATION OF MINUTES Meeting 4414 - 28 November 2016

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70. The Landscape Plan by JCA Landscape Architects Project WR/L/S96/01

drawing No.WR/L/S96/A dated 19 Sept 2016 as received by Council on 21 September 2016 is to be amended prior to its release for approval and stamping by Council to reflect the following changes:

a. The vegetation proposed around the perimeter of the swimming

pool being such that it will give compliance to the Swimming Pools Act for the non-climbable zones. 1.

b. The proposed plant schedule as shown on the landscape plan will have to be amended to comprise endemic native plants based on the closest remnant foreshore community being the Coastal Sandstone Foreshores Forest at Kelly’s Bush and the Francis Street Reserve with the vegetation mapping having been carried out by the Office of Environment and heritage dated October 2013. The relevant document being the ‘Native Vegetation of the Sydney Metropolitan Area Volume 2 - Vegetation Community Profiles’.

c. The pool being accurately shown relative to the boundaries of

the site on the landscape plan. 71. The ground floor plan dated 29/6/16 and the landscape plan dated 19

September 2016 being altered and submitted to Council prior to the issue of the stamped approved plans to reflect compliance with AS1926.1-2012 and the Swimming Pools Act 1992, and shown on the plans with the required Construction Certificate;

72. The swimming pool being fully enclosed with a swimming pool barrier to give compliance to AS1926.1-2012.

73. The pool gate is required to swing outwards away from the swimming

pool area and the pool barrier being further setback from the boundary fence to comply with the AS1926.1-2012 ` and to be shown on the plans with the required Construction Certificate.

74. The provision of the prescribed setback between the swimming pool

barrier and the boundary fence to give compliance to AS1926.1-2012.

75. The nominated shrubs Syzygium Alyn Magic Lily Pilly having a maturity height of 1.2m is breaching the non-climbable zones adjacent to the pool fence and will have to be deleted from the landscape plan and replaced with a conforming plant material on the amending landscape plan to be submitted to Council for approval and stamping.

76. The Leptospermum flavescens Cardwell Pink (Cardwell Pink Tea Bush),

being located within the non-climbable zones of the pool contrary to AS1926.1-2012 will have to be deleted and replaced by a conforming species for such position and shown on the amended landscape plan for the required Construction Certificate.

77. The timber deck around the pool shown on the landscape plan being replaced with such material as resolved by Council and shown on the amended ground floor plan. Such landscape plan being suitably amended prior to the issue of the Construction Certificate.

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CONFIRMATION OF MINUTES Meeting 4414 - 28 November 2016

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RECORD OF VOTING

Yes Against

Clr Richard Quinn Clr Meredith Sheil

Clr Peter Astridge

Clr Mark Bennett

Clr Gary Bird

Clr Zac Miles

Clr Justine McLaughlin

4.3 HERITAGE SIGNIFICANCE STATEMENTS FOR CONSERVATION AREAS

342/16 RESOLVED on the motion of Clr Miles, seconded Clr Astridge

1. The existing statements of Heritage Significance for C1 – The Peninsula and C3 – Gladesville Village be reviewed by Council staff and formatted for inclusion in the Consolidated DCP 2013.

2. Council’s Heritage Consultant to prepare a heritage study of C2 -The

Isler including a statement of its heritage significance (estimated cost $5000).

3. An amendment to Consolidated DCP 2013 be exhibited in March 2017

including the three Heritage Significance statements for conservation areas (C1-The Peninsula, C2-The Isler and C3-Gladesville Village). The results of the exhibition to be reported to Council.

RECORD OF VOTING

Yes Against

Clr Richard Quinn

Clr Meredith Sheil

Clr Peter Astridge

Clr Mark Bennett

Clr Gary Bird

Clr Zac Miles

Clr Justine McLaughlin

4.4 PRE-GATEWAY REVIEW REQUEST BY GSV DEVELOPMENT

343/16 RESOLVED on the motion of Clr Miles, seconded Clr Bennett

1. Council accept the role of Relevant Planning Authority for the GSV

Planning Proposal if it is offered.

RECORD OF VOTING

Yes Against

Clr Richard Quinn

Clr Meredith Sheil

Clr Peter Astridge

Clr Mark Bennett

Clr Gary Bird

Clr Zac Miles

Clr Justine McLaughlin

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CONFIRMATION OF MINUTES Meeting 4414 - 28 November 2016

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SUSPENSION OF STANDING ORDERS

344/16 RESOLVED on the motion of Clr Miles, seconded Clr Astridge

That at 8:10 PM AM Standing Orders be suspended to allow item 5.3 to be brought forward.

5.3 WEIL PARK HALL

PROCEEDINGS IN BRIEF

Mr Grant Fraser addressed the Council on this matter.

345/16 RESOLVED on the motion of Clr Miles, seconded Clr Bennett

1. That a two year licence agreement be prepared for shared usage of the Weil Park Hall for each of the three groups as outlined in the report.

2. That the Mayor and General Manager be granted Delegated Authority to

execute the Agreements.

RESUMPTION OF STANDING ORDERS

346/16 RESOLVED on the motion of Clr Miles, seconded Clr McLaughlin

That at 8:15 PM Standing Orders be resumed.

4.5 PLANNING PANELS - COUNCIL NOMINEES

347/16 RESOLVED on the motion of Clr McLaughlin, seconded Clr Bird

That Council resolves their representatives on the Sydney Planning Panels will be Clr Richard Quinn and Mr Brian McDonald with alternatives Ms Sue Hoopmann and Mr Greg Patch.

RECORD OF VOTING

Yes Against

Clr Richard Quinn

Clr Meredith Sheil

Clr Peter Astridge

Clr Mark Bennett

Clr Gary Bird

Clr Zac Miles

Clr Justine McLaughlin

4.6 DELEGATED AUTHORITY REPORT

MOVED on the motion of Clr Astridge, seconded Clr Bird

That the report be received and noted.

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CONFIRMATION OF MINUTES Meeting 4414 - 28 November 2016

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RECORD OF VOTING

Yes Against

Clr Richard Quinn

Clr Meredith Sheil

Clr Peter Astridge

Clr Mark Bennett

Clr Gary Bird

Clr Zac Miles

Clr Justine McLaughlin

4.7 REPORT OF LEGAL MATTERS

348/16 RESOLVED on the motion of Clr Bird, seconded Clr McLaughlin

That the report be received and noted.

RECORD OF VOTING

Yes Against

Clr Richard Quinn

Clr Meredith Sheil

Clr Peter Astridge

Clr Mark Bennett

Clr Gary Bird

Clr Zac Miles

Clr Justine McLaughlin

Item - 4.8 Supplementary Report 43A Wybalena Road Hunters Hill - has been moved to another part of the document.

OUR COMMUNITY & LIFESTYLE

5.1 RYDE HUNTERS HILL JOINT LIBRARY AGREEMENT

349/16 RESOLVED on the motion of Clr McLaughlin, seconded Clr Sheil

That Council request an extension of the current library agreement for one year and thank the City of Ryde for the refurbishments being undertaken at Gladesville Library.

5.2 FAIRLAND HALL

350/16 RESOLVED on the motion of Clr Miles, seconded Clr Bird

1. That Council approve “in principle” the reallocation of funds within the Community Facilities Program for works in Fairland Hall.

2. That the proposed changes to the Community Facilities program be

advertised and Council appraised of the outcome.

Item - 5.3 Weil Park Hall - has been moved to another part of the document.

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CONFIRMATION OF MINUTES Meeting 4414 - 28 November 2016

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5.4 DRAFT PLAYING FIELDS (SEASONAL & CASUAL) - HIRING POLICY

351/16 RESOLVED on the motion of Clr Astridge, seconded Clr Miles

1. That Council adopt the Playing Field Bookings (Seasonal & Casual) Hiring Policy (as amended).

2. The provision of wheelchair access is considered as part of the review of asset management plans for Gladesville Reserve amenities buildings.

3. That Part 7 of the Policy Guidelines be amended to add the words “Non–

Government” and “outside of school hours” to the last paragraph so that it reads:

Non-Government Schools using playing fields outside of school hours

will be charged a fee equal to the seasonal hourly training rate.

OUR ENVIRONMENT

6.1 NORTHERN SYDNEY COMMUNITY RECYCLING CENTRE

352/16 RESOLVED on the motion of Clr Miles, seconded Clr Bird

That Council notes the anticipated opening of the Northern Sydney Community Recycling Centre in Artarmon in December 2016 and that a formal opening is planned for February 2017.

6.2 ENVIRONMENTAL IMPROVEMENT PROGRAM

353/16 RESOLVED on the motion of Clr Miles, seconded Clr Bird

1. That Council approve “in principal” the reallocation of funds within the Environmental Improvement Program subject to the public advertising of the change.

2. That the proposed change to the Environmental Improvement Program

be advertised and Council appraised of the outcome.

OUR COUNCIL

8.1 FIT FOR THE FUTURE MERGER PROPOSAL UPDATE

354/16 RESOLVED on the motion of Clr Astridge, seconded Clr McLaughlin

That the report be received and noted.

8.2 MONTHLY REPORT ON OUTSTANDING MATTERS

355/16 RESOLVED on the motion of Clr Astridge, seconded Clr Miles

That the report be received and noted.

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CONFIRMATION OF MINUTES Meeting 4414 - 28 November 2016

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COMMITTEES

9.1 MINUTES OF THE CONSERVATION ADVISORY PANEL HELD ON 19 OCTOBER 2016

356/16 RESOLVED on the motion of Clr Astridge, seconded Clr McLaughlin

That the Minutes be received and noted.

9.2 MINUTES OF THE HUNTERS HILL ART EXHIBITION ADVISORY COMMITTEE

MEETING HELD 2 NOVEMBER 2016

357/16 RESOLVED on the motion of Clr Miles, seconded Clr Astridge

That the report be received and noted.

9.3 MINUTES OF THE HUNTERS HILL CHILDREN SERVICES ADVISORY

COMMITTEE HELD ON 26 OCTOBER 2016

358/16 RESOLVED on the motion of Clr Miles, seconded Clr Astridge

That the Minutes be received and noted.

9.4 MINUTES OF THE HUNTERS HILL VILLAGE MAIN STREET COMMITTEE HELD

ON 28 SEPTEMBER 2016

359/16 RESOLVED on the motion of Clr Miles, seconded Clr Sheil 1. That Christmas lights to be installed at the Hunters Hill Village at the

entry statement and a budget to be allocated of between $2000 and $5000.

2. That the Minutes be received and noted.

9.5 MINUTES OF LE VESINET FRIENDSHIP COMMITTEE MEETING HELD 7

SEPTEMBER 2016

360/16 RESOLVED on the motion of Clr Miles, seconded Clr Astridge

That the Minutes be received and noted.

9.6 MINUTES OF THE PUBLIC TRANSPORT AND TRAFFIC ADVISORY

COMMITTEE HELD ON 1 NOVEMBER 2016

361/16 RESOLVED on the motion of Clr Bird, seconded Clr Bennett

Ryde Road – Pedestrian Refuge 1. That Council Investigate whether or not it is feasible to install pedestrian

traffic signals.

2. That Council pursue a 50km/hr speed limit in Ryde Road (as recommended in the road safety audit).

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3. That Council investigate if there is a safe, practical alternative location in the close vicinity.

Mortimer Lewis Drive, Huntleys Cove That Council advise the Executive Committee of Huntleys Cove: 4. That no action will be undertaken with regard to the speed of vehicles in

Mortimer Lewis Drive and Karrabee Avenue. 5. That the pavement markings at the stop sign in Karrabee Avenue will be

renewed and brought into line with the Australian standard.

9.7 REPORT ON COUNCILLOR BRIEFINGS HELD 24 OCTOBER 2016

362/16 RESOLVED on the motion of Clr Astridge, seconded Clr Sheil

That the report be received and noted.

DELEGATES REPORTS

11.1 LOCAL GOVERNMENT NSW (LGNSW) ANNUAL CONFERENCE

363/16 RESOLVED on the motion of Clr McLaughlin, seconded Clr Sheil

That the report be received and noted.

GENERAL BUSINESS

12.1 MEETINGS - VARIOUS COMMITTEES OF COUNCIL

364/16 RESOLVED on the motion of Clr Astridge, seconded Clr Miles

That the report be received and noted.

COUNCIL IN COMMITTEE OF THE WHOLE

365/16 RESOLVED on the motion of Clr Miles, seconded Clr Bennett

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:

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.

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CONFIRMATION OF MINUTES Meeting 4414 - 28 November 2016

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14.1 107 Pittwater Road Hunters Hill Item 14.1 is confidential in accordance with s10A(2)(c), (d)i and (d)ii 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, commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it and information that would, if disclosed, confer a commercial advantage on a competitor of the council.

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 passes or become irrelevant.

REPORT OF COUNCIL IN COMMITTEE

The Mayor advised that during closed session, one resolution was passed.

PRESENT

The Mayor Councillor Richard Quinn, Deputy Mayor Councillor Justine McLaughlin, Councillors Peter Astridge, Mark Bennett, Gary Bird, Zac Miles and Meredith Sheil.

OPEN COUNCIL RESUMED

366/16 RESOLVED on the motion of Clr Bird, seconded Clr Astridge That at 9:03 PM the meeting resume in Open Council and the gallery be invited back into the Chamber.

RECOMMENDATION TO COUNCIL

367/16 RESOLVED on the motion of Clr Bennett, seconded Clr McLaughlin

1. That Council resolve pursuant to s186 of the Local Government Act 1993 to acquire the portion of the L shaped lot described as Lot 2 DP 302748, being the portion of that lot that is zoned SP2 under Hunters Hill Local Environmental Plan 2012, for the purposes of car parking.

2. That Council authorise the General Manager to prepare the necessary

documentation to achieve 1 above.

3. That Council obtain a valuation of the relevant portion of the L shaped

lot being the portion of Lot 2 DP 302748 that is zoned SP2 under

Hunters Hill Local Environmental Plan 2012.

4. That Council authorises the General Manager (or his delegate) to

negotiate with the owner of Lot 2 DP 302748 to purchase the portion of

that land zoned SP2 under Hunters Hill Local Environmental Plan 2012

for use for the purposes of car parking.

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5. That Council continues to negotiate within the conciliation process

pursuant to section 34 of the Land & Environment Court Act 1979 to

achieve an acceptable form of planning resolution of the other

contentions in the matter.

6. That Council facilitate the construction of a new driveway crossing and

access way by moving the existing driveway crossing to facilitate the

re-development of the subject site to allow 3 spaces to access the new

laneway location.

7. That in the event that a formal offer is made to enter into a VPA in

relation to 2015/1213, the General Manager be authorised to negotiate

terms and execute the VPA.

8. That Council authorises the General Manager (or his delegate) to

commence negotiations with the owners of lots 1, 2 and 3 DP 602744

to see whether the portion of those lots zoned SP2 under the Hunters

Hill Local Environmental Plan 2012 can be negotiated to be purchased

for use for the purposes of a public car park.

TERMINATION The meeting terminated at 9:05 PM. I confirm that these Minutes are a true and accurate record of Ordinary Meeting No. 4413 held on 14 November 2016.

............................................. ................................... Councillor Richard Quinn Barry Smith MAYOR GENERAL MANAGER

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ITEM NO : 4.1

SUBJECT : 17 GLENVIEW CRESCENT, HUNTERS HILL

CSP OUTCOME : THE HERITAGE, CHARACTER AND CONSERVATION OF THE AREA IS RESPECTED, PRESERVED AND ENHANCED

DELIVERY PLAN STRATEGY

: ASSESS ALL APPLICATIONS AGAINST THE NEW LEP/DCP

REPORTING OFFICER : SHAHRAM MEHDIZADGAN

DEVELOPMENT APPLICATION NO

2016-1001

PROPOSAL SECTION 82A - REVIEW OF DETERMINATION - ALTERATIONS AND ADDITIONS TO BASEMENT, GROUND AND FIRST FLOOR LEVELS INCLUDING NEW GARAGE, DECK, SWIMMING AND FIRST BY WINDOWS

APPLICANT DAVID & JOANNE WILLIS

OWNER DAVID & JOANNE WILLIS

DATE LODGED 4 JANUARY 2016

Ref:278173

INTRODUCTION Reasons for Report The proposal is for a s82A review of the refusal of Development Application 2016-1001 for alterations and additions to basement, ground and first floor levels including new garage, deck, pool and first floor bay windows, and in accordance with the provisions of the Act, this application has to be referred to Council’s Ordinary Meeting for a decision. The proposal results in non-compliances with the car parking provisions of DCP 2013 and two (2) submissions (one objection and one in support) were received in response to the neighbour notification process. REPORT 1. SUMMARY Objectors Issues L.H. Ainsworth 15 Glenview Crescent Hunters Hill

The proposed new garage is obtrusive.

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The proposed garage is too close to the street boundary at under 4 metres, will detract from the streetscape and look ugly from my house at No.15.

Submissions Two (2) submissions were received, one objection and one in support. Recommendation The application is recommended for refusal for reasons as detailed in the report. 2. DESCRIPTION OF PROPOSAL Original Proposal The original application sought consent for the following alterations and additions: Additions

New double garage to the front of the dwelling Alterations and Additions to dwelling:

Convert existing garage to gym with new deck at rear

New timber stairs to upper level (near gym)

New bedroom 2 and bathroom

New timber stairs (bedroom 2)

Ne ensuite to bedroom 1 (two-way with gym)

New sitting room near kitchen

Reconfigure bedroom over gym, ensuite and 2 bay windows Ancillary

New swimming pool and fence

Extension to eastern deck

Landscaping S82 Review changes The subject application has been submitted seeking a review of the determination under section 82A of the Environmental Planning and Assessment Act 1979 as the original application was refused by Council on the 6 July 2016. The submitted Statement of Environmental Effects states that there are no changes to the plans or supporting reports and documentation. Therefore, the submitted s82a Review application is the same as the original.

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3. DESCRIPTION OF SITE AND LOCALITY The subject site is known as No.17 Glenview Crescent, Hunters Hill, located on the southern side of Glenview Crescent. The subject site has an area of 714.4sqm with a 16.34 metres frontage to Glenview Crescent, side boundaries of 24.11 metres and 25.7 metres and rear boundary of 26.915 metres. Vehicle access to the site is available via Glenview Crescent, a narrow two way street servicing less than 30 properties. The subject site accommodates a one and two storey brick and timber, tiled roofed dwelling, with an integrated garage to the western side the existing building. The subject site is located within the conservation area. Surrounding development consists of single to two storey residential developments. 4. PROPERTY HISTORY

On 4 January 2015, Council received the subject application.

On 20 January 2016, the subject application was notified to the surrounding neighbours.

On 22 January 2016, Council received an objection from a surrounding neighbour.

On 15 March 2016, Council sent the applicant a letter advising of a number of non-compliances.

On 20 April 2016, Council received amended plans and additional information.

On 6 July 2016, Council refused the subject application. 5. STATUTORY CONTROLS Relevant Statutory Instruments Environmental Planning and Assessment Act, 1979 Local Environmental Plan 2012 Zone: R2 Conservation Area: Yes River Front Area: Yes Development Control Plan: DCP 2013 Listed Heritage item: No Contributory Building: No Vicinity of Heritage Item: Yes (21, 25 and 27 Glenview Crescent) 6. POLICY CONTROLS Consolidated Development Control Plan 2013 7. REFERRALS 7.1 External Approval Bodies Not applicable. 7.2 Health & Building The proposal was referred to Council’s Health and Building Advisor who provided the following comments:

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The gym and bedroom 1 are located within 700mm of the boundary and are required to be fire rated in accordance with the BCA. This can be prior to CC.

7.3 Heritage The subject application was referred to Council’s Heritage Advisor who provided the following comments:

Heritage Status: within Conservation Area C1 (“The Peninsula”); nearest item is “Wybalena” at 3 Jeanneret Avenue; others include 21, 25 and 25A Glenview Crescent, though none considered within visual catchment; rear visible from the Parramatta River, in conjunction with Glenview Crescent items. Proposal: Alterations and additions – new garage, deck, swimming pool & bay windows to first floor. Statement of Heritage Impact: by Andrew Martin of Andrew Martin Planning Pty Ltd [HIS] Comments: I have reviewed the drawings date-stamped 20 April 2016, and find that little has changed in relation to the points raised in my previous memo of 16 March Recommendation: I reiterate that the proposal should be reviewed to relocate the gym to obviate the need to extend forward of the house, and the roof configuration revisited some semblance of symmetry.

Thus, the proposal is not considered to be satisfactory in terms of heritage grounds, as extending the dwelling forward and the roof configuration would result in adverse impacts on the streetscape and the conservation area. 7.4 Works & Services The proposal was referred to Council’s Design Engineer who raised no concerns. 7.5 Parks & Landscape The proposal was referred to Council’s Tree and Landscape Advisor who provided the following

comments:

Further to the Referral Response dated the 15 March 2016 the following addition information has been received and reviewed:

Architectural Plans

(prepared by Valdis Macens Architects, dwg DA 01A-07A, DA -0C, dated December 2015, date stamped 20 April 2016)

Survey Plans (prepared by Harrison Friedmann & Associates, ref 54634DT, dated 07.09.2015, not date stamped)

Arboricultural Report (prepared by Robert J. Meijs, dated stamped 14 April 2016)

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The following plans and/or reports have been received and reviewed:

Architectural Plans (prepared by Valdis Macens Architects, dwg DA 01-07, DA -0C, dated December 2015, not date stamped)

Survey Plans

(prepared by Harrison Friedmann & Associates, ref 54634DT, dated 07.09.2015, not date stamped)

Arboricultural Report

(prepared by Robert J. Meijs, dated stamped 4 January 2016)

Tree Management The site contains a number of trees proposed for retention and/or removal. The Arboricultural Report has assessed a number of trees located onsite and/or adjacent sites. The trees are discussed in detail below: Tree 1 Cedrus spp (Cedar) is located in the front of the site. The Cedar is located within, or close to, the footprint of the proposed new garage. The Arboricultural Report has assessed the tree as being in good health. The Cedar has been heavily suppressed on its northern side by an adjacent Liquidambar. The front garden area includes two additional large canopy trees. The removal of the Cedar is expected to have a moderate impact on streetscape amenity. Due to the reduced structure of the Cedar and the existing canopy cover of the site, removal is considered acceptable. Tree 2 Liquidambar styraciflua (Liquidambar) is located adjacent to the Cedar in the front of the site. The Liquidambar has a Diameter Breast Height (DBH) of 450mm. The Structural Root Zone (SRZ) and Tree protection Zone (TPZ) have been calculated to be 2.4m and 5.4m. The Architectural Plans show the new garage 2.7m from the Liquidambar. The Report outlines the new garage will result in an incursion of just over 10% into the TPZ. The incursion is considered acceptable conditional to tree sensitive construction methods and tree protection measures. All works within the TPZ should be supervised by an AQF Level 5 Arborist. Tree 3 Jacaranda mimosifolia (Jacaranda) is located within the front of the site. The proposed works are setback outside of the tree’s TPZ area. Standard tree protection measures apply implemented in accordance with AS 4970-2209. Tree 4 Liquidambar styraciflua (Liquidambar) is located within the front of the site. The proposed works are setback outside of the tree’s TPZ area. Standard tree protection measures apply implemented in accordance with AS 4970-2209. Tree 5 Jacaranda mimosifolia (Jacaranda) is located on the nature strip in front of the site. The proposed works are setback outside of the tree’s TPZ area. Standard tree protection measures apply implemented in accordance with AS 4970-2209. Tree 6 Archontophoenix alexandrae (Alexandra Palm) is located along the eastern side boundary. The palm is tri-trunked with a height of approximately 6m. The palm is located within the footprint of the proposed deck extension and proposed for removal. Within the context of the development removal and replacement is considered acceptable.

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Tree 7 Syagrus romanzoffiana (Cocos Palm) is located on the nature strip in front of the site. The proposed works are setback outside of the tree’s TPZ area. Standard tree protection measures apply implemented in accordance with AS 4970-2209. Landscape Management A public path, R.D. Stuckey Walk, is located along the eastern side boundary and extends past the site towards Francis Street Reserve. A low (possibly 1.2m) fence borders the site with the public path along the south-eastern boundary. The proposal includes a swimming pool to the south of the new deck extension. The swimming pool will be an above grade structure at RL37.51 (1.8m above existing grade). The swimming pool will be at the same level as the existing deck. Council’s DCP 2013 outlines that swimming pool should not be taller than 150mm above existing ground level. This issue of non-compliance should be referred to Council’s Planning Officer for review. The swimming pool is setback 1m from the rear boundary. There is concern regarding the impact the swimming pool will have on the visual amenity and privacy of neighbouring sites to the south and south-east of the subject site, including the public path. The plans do not adequately outline how the swimming pool will be screened. There is an existing timber screen along the eastern side boundary. The screen will only partially screen the swimming pool. The plans need to provide greater detail as to how the swimming pool will be screened including any proposed plantings, heights and screening structures. Recommendations The following additional information relating to landscape management is required to be submitted for assessment: Landscape Management Amended Plans should be submitted that provide greater detail as to how the swimming pool will be screened including any proposed plantings, heights and screening structures. The swimming pool will be an above grade structure at RL37.51 (1.8m above existing grade). The swimming pool will be at the same level as the existing deck. Council’s DCP 2013 outlines that swimming pool should not be taller than 150mm above existing ground level. This issue of non-compliance should be referred to Council’s Planning Officer for review. RECOMMENDATION This DA is not satisfactory in terms of tree and management. An amended Architectural Landscape/ Plans have been requested.

In view of the above mentioned comments, the proposal is not considered to be satisfactory in terms of landscape management. 8. ENVIRONMENTAL ASSESSMENT UNDER S.79C The relevant matters for consideration under section 79C of the Environmental Planning and Assessment Act 1979 are assessed under the following headings.

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9. STATE INSTRUMENTS / LEGISLATION 9.1 State Environmental Planning Policies (SEPPs) Not applicable. 9.2 Regional Environmental Plans (REPs) – Deemed SEPPs Not applicable. 9.3 Other Legislation Pursuant to section 82A of the Environmental Planning and Assessment Act, the applicant for the proposal, is seeking a review of the Council’s determination of Development Application 2016/1001, which was refused.

Procedure - 82A Review of determination

(1) If the consent authority is a council, an applicant may request the council to review a determination of the applicant’s application.

(2) A request for a review may be made at any time, subject to subsection (2A).

(2A) A determination cannot be reviewed:

(a) after the time limited for the making of an appeal under section 97 expires, if no such appeal is made against the determination, or

(b) after an appeal under section 97 against the determination is disposed of by the Court, if such an appeal is made against the determination.

(3) The prescribed fee must be paid in connection with a request for a review.

(3A) In requesting a review, the applicant may make amendments to the development described in the original application, subject to subsection (4) (c).

(4) The council may review the determination if:

(a) it has notified the request for review in accordance with:

(i) the regulations, if the regulations so require, or

(ii) a development control plan, if the council has made a development control plan under section 72 that requires the notification or advertising of requests for the review of its determinations, and

(b) it has considered any submissions made concerning the request for review within any period prescribed by the regulations or provided by the development control plan, as the case may be, and

(c) in the event that the applicant has made amendments to the development described in the original application, the consent authority is satisfied that the development, as amended, is substantially the same development as the development described in the original application.

(4A) As a consequence of its review, the council may confirm or change the determination.

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(5) The decision whether or not to review the determination must not be made by the person who made the determination unless that person was the council, but is to be made by a person who is qualified under subsection (6) to make the review.

(6) If the council reviews the determination, the review must be made by:

(a) if the determination was made by a delegate of the council - the council or another delegate of the council who is not subordinate to the delegate who made the determination, or

(b) if the determination was made by the council—the council. The subject application has been submitted seeking a review of the determination under section 82A of the Environmental Planning and Assessment Act 1979 as the original application was refused by Council on the 6 July 2016. The submitted Statement of Environmental Effects states that there are no changes to the plans or supporting reports and documentation. Therefore, the submitted s82a Review application is the same as the original. 10. HUNTERS HILL LOCAL ENVIRONMENTAL PLAN 2012 10.1 Aims and Objectives of Hunters Hill Local Environmental Plan 2012 and Zone The proposal is permissible with consent under Zone R2 and complies with the relevant statutory controls of Hunters Hill Local Environmental Plan 2012. 10.2 Statutory Compliance Table The following table illustrates whether or not the proposed development complies with the relevant statutory controls of Hunters Hill Local Environmental Plan No.2012.

Compliance with Current Statutory Controls

Proposed Control Compliance

Height Ridge External Walls

8.4 metres 5.5 metres

8.5 metres 7.2 metres

Yes Yes

Storeys 2 storey 2 storeys Yes

Landscaped Area 52% 50% Yes

10.3 Site Area Requirements The proposal complies with these requirements. 10.4 Residential flat buildings and low-rise multi-unit housing-density and garden

area controls Not Applicable. 10.5 Height of Buildings The height of the proposal being 8.4 meters and two storeys complies with the maximum of 8.5 meters/no more than two storeys height limit as prescribed by Clause 4.3 of the Hunters Hill Local Environmental Plan 2012.

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10.6 Landscaped Area The proposed landscaped area of 52% complies with the 50% minimum permissible landscaped area as prescribed by the Hunters Hill Local Environmental Plan 2012. 10.7 Subdivision Lot Size Not Applicable. 10.8 Floor Space Ratio Not Applicable. 10.9 Street Frontage Not Applicable. 10.10 Dual Occupancy Not Applicable. 10.11 Foreshore Building Lines Not Applicable. 10.12 River Front Area Not Applicable. 10.13 Other Special Clauses / Development Standards Not Applicable. 11. DRAFT AMENDMENTS TO STATUTORY CONTROLS No relevant draft amendments pertaining to this application. 12. DEVELOPMENT CONTROL PLANS (DCPs) 12.1 Compliance Table Consolidated Development Control Plan 2013 (DCP)

Compliance with Current Statutory Controls

Proposed Control Compliance

Height Ridge External Walls

8.4 metres 5.5 metres

8.5 metres 7.2 metres

Yes Yes

Storeys 2 storey 2 storeys Yes

Landscaped Area 52% 50% Yes

Setbacks Dwelling Front (North) Rear (South) Side (West)

3.8m (garage) 6m 1.5m

Average street pattern 1.170m 0.450m

No No No

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Compliance with Current Statutory Controls

Proposed Control Compliance

Side (East) Pool Rear (South) Side (East)

1.5m 1m 1m

2.3m 3m 1m

Yes Yes Yes

Planning Policy –All Development The proposal does not comply with the relevant objectives, design parameters and preferred design elements under Part 2 of Hunters Hill Consolidated DCP 2013, in that the proposed forward location of the new garage is uncharacteristic, and fails to adhere to the urban form characteristics of the Municipality. Also, the proposal fails to comply with urban form characteristics in relation to scale in that generally buildings in the Municipality under Clause 3.6.2 and Clause 3.6.3:

Clause 3.6.2 Existing Character In recent years, construction of two and three garages has impacted the local streetscapes particularly where structures have been sited close to the street or are visible from a public place. Large garage structures have a detrimental impact on townscape where: (a) They obscure the house or neighbouring houses, particularly when those

buildings are fine examples of the domestic architecture of their time.

(b) They compete with traditional streetscape elements such as leafy gardens, stone walls, hedges, brick and timber fences, which contribute to the special character of this Municipality.

(c) They block views from public streets and reserves that were available

between the houses.

Clause 3.6.3 Planning and Design Guidelines

Design Principles: Views

(a) Avoid blocking views of the building already on site

(b) Avoid blocking public views between buildings The proposal would result in adverse impacts, as the proposed forward location of the garage is not compatible with the character of Hunters Hill, in terms of the proposal being obtrusive and not compatible in sympathy with the future desired character of the municipality. Heritage Conservation Areas The subject application was referred to Council’s Heritage Advisor who provided the following comments:

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Heritage Status: within Conservation Area C1 (“The Peninsula”); nearest item is “Wybalena” at 3 Jeanneret Avenue; others include 21, 25 and 25A Glenview Crescent, though none considered within visual catchment; rear visible from the Parramatta River, in conjunction with Glenview Crescent items. Proposal: Alterations and additions – new garage, deck, swimming pool & bay windows to first floor. Statement of Heritage Impact: by Andrew Martin of Andrew Martin Planning Pty Ltd [HIS] Comments: I have reviewed the drawings date-stamped 20 April 2016, and find that little has changed in relation to the points raised in my previous memo of 16 March Recommendation: I reiterate that the proposal should be reviewed to relocate the gym to obviate the need to extend forward of the house, and the roof configuration revisited some semblance of symmetry.

The proposal is not considered to be satisfactory in terms of heritage grounds, as extending the dwelling forward and the roof configuration would result in adverse impacts on the streetscape and the conservation area. The proposal does not comply with the relevant objectives, design parameters and preferred design elements under Part 2 of Hunters Hill Consolidated DCP 2013, in that the proposed forward location of the new garage is uncharacteristic, and fails to adhere to the urban form characteristics of the Municipality. Visually Prominent Sites Not applicable. Height Refer to Section 9.5 Height. Front, Side and Rear Setbacks It is considered that the proposal does not provide acceptable setbacks to all boundaries and generally consistent with the objectives as indicated in Clause 3.3.3 of the Hunter’s Hill Consolidated Development Control Plan 2013. The proposed laundry fails to comply with Part 3.3.3 – Rear boundary setbacks of DCP 2013, the required 6m rear setback control as the proposed setback provided would be 1170mm-1500mm. Rear setback requirements state that:

Development proposals require rear boundary setbacks that should comply with the following requirements and numeric controls: (a) Rear boundary setbacks should be a minimum of 6 metres.

(b) Single storey buildings may be located within the rear setback.

(c) Single storey buildings or structures may have a zero setback from a rear boundary

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provided that external walls would not be taller than 2.4 metres above ground level (existing), and also provided that the proposed rear wall would not extend along more than 33% of the rear boundary. Note. The rear boundary is furthest from, and generally parallel to, the street boundary.

In this case the height of the external wall would be 2.5m and majority of the rear of the building extends more than 33% of the rear boundary. The proposed garage breaches the average front building setback and fails to comply with Part 3.3.3 – Front boundary setbacks of DCP 2013, which states:

a) Front boundary setbacks should be the average of front setbacks for

existing buildings that adjoin the development site. The proposed garage would be setback approximately 3.8m from the front boundary allotment, which would fail to comply with the average front building setback of the adjoining properties. As a result, the proposal would have detrimental impact on the existing streetscape. Hence, not considered appropriate, nor acceptable. Landscaped Area Refer to section 9.6 Solar Access The shadow diagrams indicate that at 9:00 am mid-winter, the shadows are cast to the south-west of the subject site and onto the adjoining property, No.15 Glenview Crescent. The shadowing would affect more than 33% of the recreational open space of the site.

The shadow diagrams indicate that at 12 noon mid-winter the shadows are cast to the south of the subject site and onto the adjoining properties, being No.15 Glenview Crescent and 12 Francis Street. The shadowing would affect less than 33% of the recreational open space of the site. The shadow diagrams indicate that at 3:00 pm mid-winter there would be shadows cast south-east of the subject site and No.12 Francis Street. The proposal fails to comply at 9:00 am mid-winter with the general requirements, being that new development must not eliminate more than one third of the existing sunlight to adjacent properties at ground level, measured at 9:00 am, 12 noon and 3:00 pm of the winter solstice. The proposal would fail to comply at 9:00 am mid-winter with the general requirements and objectives stipulated under Part 3.5.2 of the Development Control Plan 2013, as the proposal would not allow for reasonable access to sunlight to adjoining buildings and their recreational open space. Privacy The proposed development is not likely to reduce the privacy of the residents in the adjoining premises. Views Not applicable.

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Car Parking The proposal provides for a double garage, which would accommodate two (2) vehicles for a gross area above 125sqm. Garages and Carports The proposal seeks to convert the existing garage to a gym and constructing a double garage to the front of the dwelling. The amended plans received by Council 20 April 2016, were referred to Council’s Heritage Advisor who provided the following comments:

Heritage Status: within Conservation Area C1 (“The Peninsula”); nearest item is “Wybalena” at 3 Jeanneret Avenue; others include 21, 25 and 25A Glenview Crescent, though none considered within visual catchment; rear visible from the Parramatta River, in conjunction with Glenview Crescent items.

Proposal: Alterations and additions- new garage, deck, swimming pool, & bay windows to first floor.

Statement of Heritage Impact: by Andrew Martin of Andrew Martin Planning Pty Ltd [HIS].

Comments: I have reviewed the drawings date-stamped 20 April 2016, and find that little has changed in relation to the points raised in my previous memo of 16 March 2016. Recommendation: I reiterate that the proposal should be reviewed to relocate the gym to obviate the need to extend forward of the house.

The proposed garage breaches the average front building setback and fails to comply with Part 3.3.3 – Front boundary setbacks of DCP 2013, which states:

a) Front boundary setbacks should be the average of front setbacks for

existing buildings that adjoin the development site.

The proposed garage fails to comply with Part 3.6.3 – Where to put a new garage or carport under DCP 2013:

b) Where a garage or carport is sited at the side of the house, it needs to be

setback at least 1 metre from the front wall of that house (not the front of the verandah).

Fences No Change. 12.2 Other DCPs, Codes and Policies

Hunter’s Hill Council S94A Developer Contributions Plan 2011

13. THE LIKELY IMPACTS OF THE DEVELOPMENT The proposal is contrary to the desired future character of the area. The proposal is in conflict with Consolidated Development Control Plan 2013 and Hunters Hill Local Environmental Plan 2012, and there would be an impact upon the existing character of area and would set an undesirable precedence.

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14. SUBMISSIONS The proposed development was notified in accordance with Council’s Consolidated Development Control Plan 2013 for a period of fourteen (14) days commencing on the 31 August 2016. Within the specified time period (2) submissions were received, one (1) objecting and one (1) in support. Copies of the submissions are attached to the report.

NOTIFICATION REQUIRED

YES

NUMBER NOTIFIED 7

SUBMISSIONS RECEIVED Name & Address of Respondents

SUMMARY OF SUBMISSION

L.H. Ainsworth 15 Glenview Crescent Hunters Hill Letter of Objection

The proposed new garage is obtrusive

The proposed garage is too close to the street boundary at under 4m, will detract from the streetscape and look ugly from my house at No.15

A/ Prof Peter Roebuck. FCAANZ 12 Francis Street Hunters Hill Letter of Support

New garage would add both depth and interest to an at present flat façade

Add both character and the necessary ability to garage, with safety and convenience two automobiles

The proposed enclosure is most in keeping with the federation original design and will only add to the attractive overall appearance from our home

The approach by our neighbours to the development has been most sympathetic and consultative

Council concurs with the majority of the concerns raised in the objection above. The bases for the submissions as listed above have been taken into account and reflected in the recommendation section of this report as reasons for refusal where appropriate. CONCLUSION The proposed works are considered not to be acceptable and will have unreasonable impacts upon the streetscape. The proposal has been assessed in terms of the public interest and the relevant development standards and objectives in LEP 2012 and Consolidated DCP 2013 the application is not considered acceptable. The proposal has been assessed having regard to the relevant matters for consideration under section 79C of the Environmental Planning and Assessment Act, Hunters Hill Local Environmental Plan 2012 and Consolidated Development Control Plan 2013. For the reasons outlined in this report it is considered that the proposed development would impact on the existing streetscape and character of Hunters Hill, and accordingly is recommended for refusal. 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.

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RISK ASSESSMENT There are no direct or indirect risks impacting on Council arising from consideration of this matter. HUNTERS HILL 2030 This matter relates to ensuring that heritage and conservation of the area is respected, preserved and enhanced including the preservation of the character, views to and from the Municipality, and the preservation of the tree canopy.

RECOMMENDATION

That the section 82A Review application No. 2016/1001 for the alterations and additions including new garage, deck, swimming pool and first floor bay windows at No.17 Glenview Crescent, Hunters Hill be refused, for the following reasons: 1. The proposal does not satisfy the provisions of Section 79(C) of the Environmental

Planning & Assessment Act 1979 in relation to clauses (1) (a) (iii), (b) (c) and (e).

2. The proposal does not comply with the relevant objectives, design parameters and

preferred design elements under Part 2 of Hunters Hill Consolidated DCP 2013, in that the proposed forward location of the new garage is uncharacteristic, and fails to adhere to the urban form characteristics of the Municipality.

3. The proposal fails to comply with urban form characteristics in relation to scale

under Clause 3.6.2 and Clause 3.6.3 of DCP 2013. 4 The proposed laundry fails to comply with Part 3.3.3 – Rear boundary setbacks of

DCP 2013. 5. The proposed garage breaches the average front building setback and fails to

comply with Part 3.3.3 – Front boundary setbacks of DCP 2013. 6. The proposal is not considered to be satisfactory in terms of heritage grounds, as

extending the dwelling forward and the roof configuration would result in adverse impacts on the streetscape and the conservation area.

7. This application is not satisfactory in terms of landscape management. 8. The proposed garage fails to comply with Part 3.6.3 – Where to put a new garage or

carport under DCP 2013. 9. The proposal does not meet the objectives of Hunters Hill Consolidated DCP 2013,

has a detrimental impact on the existing and desired future character of Hunter's Hill. 10. The proposal is contrary to the public interest and would create an undesirable

precedent undermining Council’s planning objectives.

ATTACHMENTS

1. Location Map 2. Plans 3. Submission 4. Submission

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Item 4.2 Page 22

ITEM NO : 4.2

SUBJECT : RELEASE OF DISTRICT PLANS AND UPDATE OF METROPOLITAN STRATEGY "A PLAN FOR GROWING SYDNEY"

CSP OUTCOME : THE HERITAGE, CHARACTER AND CONSERVATION OF THE AREA IS RESPECTED, PRESERVED AND ENHANCED

DELIVERY PLAN STRATEGY

: ASSESS ALL APPLICATIONS AGAINST THE NEW LEP/DCP

REPORTING OFFICER : PHILIPPA HAYES

Ref:278442

INTRODUCTION

On Monday 21 November 2016 the Greater Sydney Commission (GSC) released:

Draft district plans for the six districts of Sydney (North – which includes the Hunters Hill Local Government Area (LGA), Central, West Central, South West, West and South)

A draft amendment to the current metropolitan strategy “A Plan for Growing Sydney”. The amendment is titled “Towards our Greater Sydney 2056”.

The draft district plans provide a 20 year strategic planning vision, while “Towards our Greater Sydney 2056” provides a 40 year vision that underpins each of the district plans. The documents are on exhibition until March 2017 and will not be finalised until September 2017 to allow newly elected Councils to have input into the documents. In late October 2016 the GSC invited community, Councillors and council staff to attend briefing sessions about the documents commencing 21 November 2016. Councillors were notified of this via memo and email and invitation letters were sent to Council’s database of community groups. Information about the briefings is also provided on Council’s webpage under “News” (posting commenced on 27 October 2016). To achieve the Council meeting schedule this report was completed prior to staff attending the relevant GSC briefing and therefore this report only provides a high-level overview of elements in the documents considered significant for Hunters Hill. Further information will be forthcoming when staff prepare a submission on the documents in the New Year. REPORT

Towards our Greater Sydney 2056 This document outlines a draft amendment to “A Plan for Growing Sydney” it is the first step in the comprehensive work that the GSC will undertake in 2017 to review the metropolitan strategy for Sydney. The amendment reconceptualises Sydney as a metropolis of three cities:

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Eastern City – includes the current central business district, the north shore suburbs (including Hunters Hill), Sydney Airport, Port Botany and Kogarah.

Central City – includes Parramatta and Blacktown.

Western City – the western Sydney Airport will be the focus of the emerging western city. This city will provide jobs and opportunities for the citizens of Penrith, Blacktown, Liverpool and Campbelltown-Macarthur.

This new central organizing strategy of Greater Sydney as a metropolis of three cities has led to a reconsideration of the approach to centres in “A Plan for Growing Sydney”. A new hierarchy of centres is proposed which defines three types of centres: strategic, district and local. Hunters Hill LGA does not include any strategic or district centres.

Strategic centres, including transport gateways, have the scale, industries and location needed to specifically support a city with smart jobs and the success of the Eastern, Central and Western Cities.

District centres have jobs, facilities and services to support district populations.

Local centres have a range of local jobs and services for local catchments. The overall plan is for a polycentric city and a 30 minute city. This means the aim is to have multiple employment and service centres scattered throughout the city so the majority of the population can access employment, retail and recreation facilities within 30 minutes of their home. Draft North District Plan Currently nine (9) council areas make up the northern district (The City of Ryde, Lane Cove, Hunters Hill, Hornsby, Ku-Ring-Gai, Willoughby, Mosman, North Sydney and Northern Beaches). The vision for this area as stated in the Draft North District Plan is to deliver a thriving modern economy co-existing within beautiful natural landscapes. The vision is for better transport connectivity, greater housing choice and sustainable development. The full vision and the eight (8) development priorities for achieving this vision are set out in attachment No. 1. The draft district plans include housing and employment targets. Five year housing targets are provided for each council area and 20 year job targets are provided for strategic and district centres in the north area. As Hunters Hill LGA does not include any strategic or district centres – the job targets do not apply (refer attachment No. 2). Furthermore, as Hunters Hill is mainly low density residential, with 75% of its area being designated Heritage Conservation Area its housing target is relatively modest with a requirement for the provision of an additional 150 dwellings over the next five (5) years. This compares to The City of Ryde’s housing target of 7,600 new dwellings by 2021 and Lane Cove’s target of 1,900 new dwellings by 2021 (refer attachment No. 3). The local government areas of Mosman and Woollahra which have similar characteristics to Hunters Hill, each have a housing target of an additional 300 new dwellings by 2021. CONCLUSION

Council staff will prepare a submission regarding the draft North District plan and the draft amendment to the “Plan for Growing Sydney”. The submissions will form part of a report to Council in the New Year.

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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. HUNTERS HILL 2030

The overall vision and housing/employment targets included in the draft North District Plan are considered to be aligned with the vision of the Hunters Hill Community Strategic Plan 2030.

RECOMMENDATION

That the report be received and noted.

ATTACHMENTS

1. Vision and Priorities Draft North District Plan 2. Draft District Plans Job Targets 3. Draft District Plans Housing Targets

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Item 4.2 Attachment 3 Page 35

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Item 4.3 Page 36

ITEM NO : 4.3

SUBJECT : JOINT REGIONAL PLANNING PANEL RECOMMENDATION REGARDING GSV PRE-GATEWAY REVIEW REQUEST

CSP OUTCOME : A RANGE OF HOUSING TYPES, THAT MEET POPULATION DEMANDS

DELIVERY PLAN STRATEGY

: ENSURE THAT NEW DWELLINGS MEET THE CHARACTER OF HUNTERS HILL AND ADDRESS STATE PLANNING POLICIES

REPORTING OFFICER : PHILIPPA HAYES

Ref:278257

INTRODUCTION

On the 14 November 2016 a report was submitted to Council advising that the Gladesville Shopping Village (GSV) Development’s pre-gateway review request had been assessed by the Sydney East Joint Regional Planning Panel (JRPP) on 3 November 2016. Council’s submission to the panel was included with the report. On 16 November 2016 the recommendation of the JRPP regarding GSV Development’s proposal was published on the pre-gateway review webpage. The recommendation is attached (refer attachment No.1). The JRPP recommended that the proposal proceed to Gateway Determination subject to 6 (six) conditions that must be satisfied prior to the proposal being exhibited. The conditions reference the recent Gladesville Village DCP (Future Gladesville) and state that “as this DCP is the result of engagement with the local community this proposal should be consistent with it”. The JRPP’s recommendation was published under the “News” section of Council’s webpage on the day it was received. The purpose of this report is to advise Council of the JRPP’s recommendation and the next steps in the plan making process. REPORT

The JRPP’s recommendation will be referred to the Minister for Planning & Environment and it is anticipated a Gateway Determination will be issued with the subject conditions prior to the end of the year or at the latest early in the new-year. On receipt of the Gateway Determination the proponent has two possible choices. They can walk away from the planning proposal or alternatively they can choose to modify their proposal to meet the conditions of gateway prior to going to exhibition. The six (6) conditions address the following matters:

Condition 1& 2 - apply to the location and amount of open space on the subject site.

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Condition 3 - provides design excellence as the criteria required to achieve bonus height and floor space provisions on the subject site and specifies solar access requirements for Trim Place and the apartments at 3-7 Cowell Street Gladesville.

Condition 4 - requires the heritage cottage on the site to be relocated to Council land.

Condition 5 - requires commercial floor space on the site to be maintained.

Condition 6 - specifies that a new traffic study is required to accompany any revised planning proposal.

As Council has chosen to be the relevant planning authority (Council resolution 14 November 2016) Council will be involved in the review of any amended proposal. However, as condition three (3) links bonus height and floor space provisions to design excellence – if the proponent chooses to pursue the planning proposal - Council will need to engage experts in this area to assist with assessment. CONCLUSION

On receipt of the Gateway Determination from the Department of Planning and Environment, Council’s next actions will be dependent on the proponent advising that they intend to amend their planning proposal. 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. HUNTERS HILL 2030

The assessment and recommendation provided by the Joint Regional Planning Panel acknowledge the importance of green open space and heritage in the re-development of the Key Site in Gladesville. This aligns with the objectives of the Hunters Hill Community Strategic Plan which emphasises the need to preserve and enhance heritage and the garden landscape in the Hunters Hill Local Government Area.

RECOMMENDATION

That the report be received and noted.

ATTACHMENTS

1. Joint Regional Planning Panel Recommendation GSV Development Pre Gateway Review

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Item 4.3 Attachment 1 Page 39

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ITEM NO : 4.4

SUBJECT : DELEGATED AUTHORITY REPORT

CSP OUTCOME : THE HERITAGE, CHARACTER AND CONSERVATION OF THE AREA IS RESPECTED, PRESERVED AND ENHANCED

DELIVERY PLAN STRATEGY

: ASSESS ALL APPLICATIONS AGAINST THE NEW LEP/DCP

REPORTING OFFICER : STEVE KOUREPIS

Ref:277049

INTRODUCTION

In accordance with Section 327 of the Local Government Act 1993, authority is hereby delegated to the Group Manager, Development and Regulatory Control 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 No. DA2016-1132 Zone R2

Construction Certificate No. N/A Notification Yes

Applicant Dickson Rothschild C/- Nigel Dickson

Value $44,850

Premises 5 Euthella Avenue, Hunters Hill

Landscaped Area 60%

Classification (BCA) 1a, Date lodged 29 July 2016

Assessing Officer Shahram Zadgan Determination Date

13 Oct 2016

Proposal Removal of carport and one (1) tree and construction of double car garage

Determination Approval

Development Application No. DA 2016-1154 Zone R2

Construction Certificate No. N/A Notification Yes

Applicant Seong Yan Choong Value N/A

Premises 24 Dick Street Henley

Landscape Area N/A

Classification (BCA) N/A Date lodged 7 Sept 2016

Assessing Officer Anna Hopwood Martin Peacock

Determination Date

24 Oct 2016

Proposal Pruning of one (1) tree.

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Development Application No. DA2016-1127 Zone R2

Construction Certificate No. N/A Notification Yes

Applicant Arc Architects Value $860,200

Premises 52 Bonnefin Road, Hunters Hill

Landscaped Area 53%

Classification (BCA) 1a, 10a, 10b Date lodged 13 July 2016

Assessing Officer Shahram Zadgan Determination Date

8 Nov 2016

Proposal Demolition and alterations and additions to existing building, including swimming pool

Determination Refusal 1. The shadow diagrams indicate that at 3pm mid-winter,

the shadows are cast to the south-east of the subject site and onto the adjoining property, No.50 Bonnefin Road. The shadowing would affect more than 33% of the recreational open space of the site. The proposal fails to comply at 3pm mid-winter with the general requirements, being that new development must not eliminate more than one third of the existing sunlight to adjacent properties at ground level, measured at 9 am, 12 noon and 3 pm of the winter solstice. The proposal would fail to comply at 3pm mid-winter with the general requirements and objectives stipulated under Part 3.5.2 of the Development Control Plan 2013, as the proposal would not allow for reasonable access to sunlight to adjoining buildings and their recreational open space.

2. It should be noted that the submitted plans indicate a

curved line showing the average front building line, rather than a straight line. Thus, parts of the proposed lower ground floor garage and ground floor front terrace to the north western side appear to breach the average front building line setback requirements of Part 3.3.3 of DCP 2013. The non-compliance is not considered to be acceptable, as the structures would significantly impact on the adjoining properties in terms of privacy and streetscape impacts.

3. It is considered that significant privacy impacts would eventuate, in particular on the adjoining property at No.50 Bonnefin Road, as a result of the proposed large elevated ground floor terrace area. The proposal fails to comply with Part 3.5.3 of DCP 2013.

4. The height of the proposal, being three (3) storeys in

height does not comply with the maximum of two storeys height limit as prescribed by Clause 4.3 of the Hunters Hill Local Environmental Plan 2012.

The proposal fails to comply with Part 4.3 – Height of Buildings under LEP 2012, which states that:

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Determination Refusal continued.

b) to maintain the character and identity of Hunters Hill by limiting the scale of buildings to a maximum of two storeys in low density residential zone, heritage conservation areas and foreshore areas facing Lane Cove River or Parramatta River

d) To protect existing dwellings from excessive

overshadowing, loss of privacy, obstruction of views and general visual impacts.

5. It is acknowledged that the existing building is already

three storeys and breaches the height limit. However, the proposed demolition, alterations and addition is considered to be new works and the creation of 3 storeys, whereas the original application did not alter the 3 storey part of the existing dwelling. As the proposal in Council’s view is considered a new dwelling, then it must fully comply with the numerical controls of the LEP 2012. Also, it should be noted that the undercroft area is not exempt under the definition of storey of LEP 2012, therefore constitutes a storey.

6. It appears that the proposal would result in a new dwelling

rather than the stated part demolition, alteration and additions, as more than half of the existing building including roof is being demolished. Based on the Land & Environment Court’s planning principle that where more than 50% of the existing external fabric of the dwelling is being demolished it constitutes a new dwelling. Thus, the proposal has also been advertised to the surrounding neighbours incorrectly.

7. It is unclear if the front fence is being altered, as no information has been provided, except a notation on the plans stating a ‘new pedestrian entry to the residence’. However, no detail has been provided, and it appears that the existing fence is obstructing the new pedestrian entry.

8. The proposal does not comply with the relevant objectives, design parameters and preferred design elements under Part 2 of Hunters Hill Consolidated DCP 2013, in that the proposed building is excessive in bulk and scale and uncharacteristic, and fails to adhere to the urban form characteristics of the Municipality. The proposal would result in adverse impacts, as the scale of the proposed building is not compatible with the character of Hunters Hill, in terms of the proposal being obtrusive and not compatible in sympathy with its surroundings.

9. The excessive bulk and scale of the proposal fails to comply Part 1, in particular part 1.2 Aims of Plan, 2 (i) under LEP 2012, as follows:

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Determination Refusal continued.

(2) The particular aims of this plan are as follows:

i) To promote high standards of urban and architectural design quality.

10. The proposal does not meet the objectives of Hunters Hill

Consolidated DCP 2013, has a detrimental impact on the existing and desired future character of Hunter's Hill.

11. The proposal is contrary to the public interest and would

create an undesirable precedent undermining Council’s planning objectives. It should be noted that Four (4) submissions were received during the neighbour notification period.

Development Application No. DA 2016-1181 Zone R2

Construction Certificate No. N/A Notification Yes

Applicant Greg Thongsophor Value N/A

Premises 12-20 Madeline Street Hunters Hill

Landscaped Area N/A

Classification (BCA) N/A Date lodged 7 Oct 2016

Assessing Officer Anna Hopwood Martin Peacock

Determination Date

3 Nov 2016

Proposal Removal of one (1) tree

Determination Approve removal of one (1) tree with the planting of one (1) replacement tree

Development Application No. DA 2016-1070 Zone Res R2

Construction Certificate No. N/A Notification Yes

Applicant Steve Tsolakis Value $48,000

Premises 1 Madeline Street Hunters Hill

Landscaped Area 50%

Classification (BCA) 10a Date lodged 5 May 2016

Assessing Officer Kerry Smith Determination Date

15 Nov 2016

Proposal New sunroom, pergola, carport, driveway and kerb crossing plus addition of gates to front fence, tree removal and a basement carpark to the east of the house

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

79C of the Environmental Planning & Assessment Act 1979 in relation to clauses (1)(a)(i), (iii), (b)(c)(d) and (e).

2. The proposed new alterations and additions fail to

comply with Part 2.2 of Development Control Plan 2013 in that the proposal is inappropriate for the subject site, and would not respect the distinctive character of the Municipality.

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Determination Refusal 3. The proposal would not comply with the objectives of

Local Environmental Plan 2012 and Development Control Plan 2013 in that it will unacceptably be out of scale and character with the dwellings in this part of Madeline Street.

4. It will be contrary to the objectives for development of the heritage listed item on the site, the heritage listed item adjoining to the east and the Heritage Conservation Area generally as set out in clause 5.10 of LEP 2012.

5. Inadequate details have been submitted in relation to

stormwater management of the works and the premises. 6. The construction of the basement car park would

necessitate the removal of Camphor laurel tree No.2 which is deemed to be unacceptable and unjustifiable in the local streetscape

7. The proposed basement car park, being defined as a

‘storey’ under LEP 2012 is considered not to comply with the objective under the relevant clause 4.3 which is worded to prohibit two-storey dwelling houses with basement car parking.

8. The documentation for the proposed basement carpark

does not address the provisions of clause 6.2 ‘Earthworks’ of LEP 2012.

9. That part of the development for the basement car park

is contrary to the provisions of clause 3.3.4(f) of DCP 2013 in that the depth of excavation exceeds 1 metre.

10. The proposed basement carpark is not supported by

Council’s tree consultants due to the negative impact to the local streetscape amenity.

11. Inadequate details have been submitted in relation to

compliance with the Swimming Pools Act. 12. The proposal involving the removal of a number of

mature trees from the site will be detrimental to the local streetscape and such proposed tree removal has not been adequately justified.

13. No landscape plan was submitted with the application

which involves removal of a number of existing and mature trees.

14. No details have been shown for the retention or removal

of the Jacaranda tree from the eastern section of the site.

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Determination Refusal 15. No details have been provided addressing the impact of

the proposed sunroom on the Cupressus spp hedge located to the rear of the site along the southern boundary.

16. The proposal does not address the adequacy or

otherwise of the sight distances for vehicles entering or leaving the basement car park

17. The proposal involving the creation of an additional

vehicular crossing is contrary to Council’s general policy requiring not more than one crossing per residential premises.

18. The proposal would create an undesirable precedent for

Council. 19. The proposal would not be in the public interest.

Development Application No. DA2016-1126 Zone R2

Construction Certificate No. N/A Notification Yes

Applicant Just Property & Planning Value $425,800

$425Premises 24 Makinson Street, Gladesville

Landscaped Area 50.4%

Classification (BCA) 1a, 10b Date lodged 21 July 2016

Assessing Officer Shahram Zadgan Determination Date

14 Nov 2016

Proposal Demolition of the existing dwelling and erection of a new single storey dwelling and front fence

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

79(C) of the Environmental Planning & Assessment Act 1979 in relation to clauses (1) (a) (iii), (b) (c) and (e).

2. The front of the proposed dwelling is breaching the

average front building setback, by approximately 1 metre - 1.6 metre, which fails to comply with the requirements of Part 3.3.3 of DCP 2013. This matter was raised in Council’s Gateway Preliminary Assessment Team dated 1 August 2016.

Both side setbacks, east and west fail to comply with the

minimum 1.5 metre side setback requirements of Part 3.3.3 of DCP 2013. The eastern side setback would have a side setback of 1189mm and western a side setback of 1272mm.This matter was raised in Council’s Gateway Preliminary Assessment Team dated 1 August 2016.

The site is not considered narrow or irregular in shape. Exceptions to the setback provisions do not apply to new dwellings only alterations and additions under Part 3.3.3 of DCP 2013.

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Item 4.4 Page 46

Determination Refusal 3. The proposal does not meet the objectives of Hunters

Hill Consolidated DCP 2013, and would set a undesirable precedence and a detrimental impact on the existing and desired future character of Hunter's Hill.

4. The proposal is contrary to the public interest and

would create an undesirable precedent undermining Council’s planning objectives. It should be noted that two (2) submissions were received during the neighbour notification period.

Development Application No. DA 2016-1080 Zone Res R2

Construction Certificate No. N/A Notification Yes

Applicant Marque Architecture Value $95,000

Premises 18 Huntleys Point Rd Road, Huntleys Point

Landscaped Area

Classification (BCA) 1a Date lodged 6 May 2016

Assessing Officer Kerry Smith Determination Date

16 Nov 2016

Proposal Excavation of trench, installation of external lift and construction of roof over entry

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

79C of the Environmental Planning & Assessment Act 1979 in relation to clauses (1)(a)(i), (iii), (b)(c)(d) and (e).

2. The proposed new alterations and additions fail to

comply with Part 2.2 of Development Control Plan 2013 in that the proposal is inappropriate for the subject site, and would not respect the distinctive character of the Municipality.

3. The proposal would not comply with the objectives of

Local Environmental Plan 2012 and Development Control Plan 2013 in that it will unacceptably be out of scale and character with the dwellings in this part of Huntleys Point Road.

4. The proposal will further reduce the minimum

landscaped area of 50% for this site under clause 6.9 of LEP 2012. As no formal submission had been made under clause 4.6 of LEP 2012, Council has no power to approve the application.

5. The proposal for the external lift will breach the building

line as required under clause 3.3.3 of DCP 2013. 6. It will be contrary to the objectives for development in the

Heritage Conservation Area as set out in clause 5.10 of LEP 2012.

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Item 4.4 Page 47

Determination Refusal 7. The proposal would create an undesirable precedent

for Council. 8. The proposal would not be in the public interest.

Development Application No. DA 2016-1183 Zone R2

Construction Certificate No. N/A Notification Yes

Applicant Maria Rossi & Tim York Value N/A

Premises 1 McBride Avenue Hunters Hill

Landscape Area N/A

Classification (BCA) N/A Date lodged 10 Oct 2016

Assessing Officer Anna Hopwood Martin Peacock

Determination Date

14 Nov2016

Proposal Pruning of two (2) trees.

Determination Approve pruning of two (2) trees with conditions imposed to limit the extent of the works.

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. HUNTERS HILL 2030 This matter relates to ensuring that heritage and conservation of the area is respected, preserved and enhanced including the preservation of the character, views to and from the Municipality, and the preservation of the tree canopy.

RECOMMENDATION

That the report be received and noted.

ATTACHMENTS

There were no attachments to this report.

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Item 4.5 Page 48

ITEM NO : 4.5

SUBJECT : REPORT OF LEGAL MATTERS

CSP OUTCOME : THE HERITAGE, CHARACTER AND CONSERVATION OF THE AREA IS RESPECTED, PRESERVED AND ENHANCED

DELIVERY PLAN STRATEGY

: ASSESS ALL APPLICATIONS AGAINST THE NEW LEP/DCP

REPORTING OFFICER : STEVE KOUREPIS

Ref:278314

INTRODUCTION

The purpose of this report is to keep Council informed of legal matters currently being dealt with. These matters are generally with the Land and Environment Court. REPORT

APPEALS - Status report in relation to recent or pending appeals is attached. 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. HUNTERS HILL 2030

This matter relates to ensuring that heritage and conservation of the area is respected, preserved and enhanced including the preservation of the character, views to and from the Municipality, and the preservation of the tree canopy.

RECOMMENDATION

That the report be received and noted.

ATTACHMENTS

1. Status Report

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Item 4.5 Attachment 1 Page 49

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Item 4.5 Attachment 1 Page 50

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Item 4.5 Attachment 1 Page 51

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Item 4.5 Attachment 1 Page 52

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Item 4.5 Attachment 1 Page 53

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Item 4.5 Attachment 1 Page 54

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Item 8.1 Page 55

ITEM NO : 8.1

SUBJECT : CAPITAL WORKS AND CARRY OVER PROJECTS

CSP OUTCOME : COUNCIL IS 100% COMPLIANT WITH STATUTORY REPORTING REQUIREMENTS

DELIVERY PLAN STRATEGY

: ACCOUNTING MANAGEMENT AND POLICIES THAT COMPLY WITH CURRENT LEGISLATION

REPORTING OFFICER : MAY VILAYTHONG

Ref:278046

INTRODUCTION

At 30 June 2016 there remained some incomplete projects, which are listed as carry over projects on the attached report. Reasons for carry over works may include notification of approval of grant projects and receipt of grant funds late in the financial year. REPORT

This report deals only with items budgeted or advised, in the case of grants, in the 2015-2016 year. The following breakdown represents the funding of the carried over projects.

Project

Amount

Community Facilities Special Rate $258,156

Environmental Special Rate $97,738

Infrastructure Special Rate $149,494

S94A Contribution $283,920

Grants

$187,992

General Revenue $176,257

$1,153,557

CONCLUSION

The majority of carried over projects are Grants or Special Rate funded and S94A contributions and can only be used for the purpose of the grants or projects identified in the Special Rate Programs and the S94A plan. FINANCIAL IMPACT ASSESSMENT

As a result of the consideration of this report, budgeted expenditure will be increased by $1,153,557 of which $986,492 are capital works projects. ENVIRONMENTAL IMPACT ASSESSMENT

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

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Item 8.1 Page 56

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. HUNTERS HILL 2030

Council is compliant with statutory reporting requirements.

RECOMMENDATION

That the report be received and noted.

ATTACHMENTS

1. Capital Work Carry Over

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Item 8.1 Attachment 1 Page 57

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Item 8.1 Attachment 1 Page 58

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Item 8.1 Attachment 1 Page 59

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Item 8.1 Attachment 1 Page 60

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Item 8.1 Attachment 1 Page 61

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Item 8.2 Page 62

ITEM NO : 8.2

SUBJECT : QUARTERLY BUDGET REVIEW AS AT 30 SEPTEMBER 2016

CSP OUTCOME : COUNCIL IS 100% COMPLIANT WITH STATUTORY REPORTING REQUIREMENTS

DELIVERY PLAN STRATEGY

: ACCOUNTING MANAGEMENT AND POLICIES THAT COMPLY WITH CURRENT LEGISLATION

REPORTING OFFICER : DEBRA MCFADYEN

Ref:278349

INTRODUCTION

Under Integrated Planning and Reporting, the Responsible Accounting Officer must prepare a Quarterly Budget Review Statement for Council by reference to the Operational Plan estimates for that year. This is mandated by Clause 203(1) of the Local Government (General) Regulation 2005. REPORT

Grants are considered to be under Council control when received and so are declared as income when received in this case in the 2015/16 financial year. The expenditure of these grant funds has occurred in the 2016/17 financial year and are therefore not matched to income. The inclusion of the carry-over of incomplete projects added a further $167,066 to the operating deficit. These projects are essentially grant funded and are detailed in the previous report. For the September Quarter Review the net adjustment is a favourable $169,753. After the above grant projects carry over and September Quarter adjustments the operating deficit becomes $534,936. If contra entries for current year Operational Grants and Contributions are eliminated, income increases by $80,800, in part from fees and charges due to increased activity and the negotiation of new leases. Additional 2016/17 Capital Grants are $49,353. Expenditure has been reduced in areas of Materials, Printing and Stationary, Subscriptions, Administration Costs, known reductions in Workers Compensation Premiums and on costs and the Fire Brigade Contribution. There has been several increases in expenditure in Community Grants $6,100 (Cl Meeting No 4412), Joint Library agreement $4,600 (Cl Meeting No 4413), Graffiti Control $18,500, Legal expenses $65,000. Moocooboola Festival was budgeted to break-even but adverse weather conditions resulted in additional costs of $14,300 and reduction revenue $4,600. Without these additional items the reduction in deficit would have been $282,853. The Legal Expenses budget for the Development Area is $200,000. Actual costs to this date in Development have been $282,000 of which $175,000 in costs have been recovered using $107,000 of the $200,000 budget. Therefore, if the present trend for this financial year continues it is unlikely that there will be funds available for Fit of the Future legal costs. That being the case $65,000 has been allocated to the administration legal costs of $18,000 to cover costs to date.

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Item 8.2 Page 63

There are several other factors which make it difficult to further reduce expenditures. While there has been a reduction in staff due to natural attrition i.e. retirement and resignation, replacements have not been made pending the outcome of the amalgamation proposal. Casual, contract and agency staff has been used for some time at higher rates so no significant savings are available in this area. Two other State Government initiatives which may affect Councils expenditure this year are the Auditor General taking over the audit functions of Councils for the 2016/17 financial year, and the collection of the Emergency Services Property Levy required to be implemented in the 2017/18 Financial Year. The sale of 3 Wandella Avenue Hunters Hill Drainage Reserve has not been included in the 2016/17 financial year as it is uncertain if the sale will be concluded in the current year. This uncertainty could mean an additional income or reduction of the deficit of up to $160,000. CONCLUSION

Incomes and expenditures will continue to be examined with a view to further reducing the deficit in the December review. FINANCIAL IMPACT ASSESSMENT

In summary, the estimated operating deficit has decreased from the original budget of $537,623 to a deficit of $534,936. 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. HUNTERS HILL 2030

Council is compliant with statutory reporting requirements.

RECOMMENDATION

That the report be received and noted.

ATTACHMENTS

1. Quarterly Budget Review Statement as at 30 September 2016

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Item 8.2 Attachment 1 Page 64

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Item 8.2 Attachment 1 Page 65

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Item 8.2 Attachment 1 Page 66

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Item 8.2 Attachment 1 Page 67

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Item 8.2 Attachment 1 Page 68

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Item 8.2 Attachment 1 Page 69

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Item 8.2 Attachment 1 Page 70

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Item 8.2 Attachment 1 Page 71

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Item 8.2 Attachment 1 Page 72

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Item 8.3 Page 73

ITEM NO : 8.3

SUBJECT : SUMMARY OF COUNCIL INVESTMENTS AS AT 31 OCTOBER 2016

CSP OUTCOME : COUNCIL IS 100% COMPLIANT WITH STATUTORY REPORTING REQUIREMENTS

DELIVERY PLAN STRATEGY

: ACCOUNTING MANAGEMENT AND POLICIES THAT COMPLY WITH CURRENT LEGISLATION

REPORTING OFFICER : JOHN JAVILLONAR

Ref:278178

INTRODUCTION

A summary of its investments is required to be reported to Council at the end of the month. REPORT

SUMMARY OF COUNCIL'S INVESTMENTS AS AT 31 OCTOBER 2016 (330/06)

Institution Reference Principal

Lodged Term Matures Rate

CBA Term Deposit $ 1,330,802.55

3.8.16 91 1.11.16 2.62

CBA Term Deposit $ 721,448.06

4.10.16 63 5.12.16 2.44

CBA Term Deposit $ 501,971.81

4.10.16 31 3.11.16 2.15

CBA Term Deposit $ 500,000.00

1.9.16 91 30.11.16 2.55

CBA Term Deposit $ 500,971.92

4.10.16 31 3.11.16 2.15

NAB Term Deposit $ 1,142,864.23

5.9.16 92 5.12.16 2.60

NAB Term Deposit $ 1,145,383.76

10.8.16 91 8.11.16 2.78

NAB Term Deposit $ 1,143,422.81

5.9.16 92 5.12.16 2.60

NAB Term Deposit $ 2,536,191.46

26.10.16 91 24.1.17 2.70

IMB Term Deposit $ 2,432,189.37

24.10.16 92 23.1.17 2.50

IMB Term Deposit $ 2,534,329.29

26.10.16 91 24.1.17 2.50

WESTPAC Term Deposit $ 927,827.83

9.10.16 91 7.1.17 2.00

Call 24 HR Call $ 4,429,542.05

1.25

$ 19,846,945.14

CBA General $ 527,635.07

31.10.16 Bank Account Balance

Total

$ 20,374,580.21

Certification – Responsible Accounting Officer

The investments listed above have been made in accordance with the Local Government Act 1993, the Local Government (General) Regulation 2005 and Council’s policy on investments.

The above Investments include the following estimated restrictions

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Item 8.3 Page 74

Internal Restrictions Actual as at 31 October 2016

Office Equipment & Furniture $ 126,418.60

Town Hall $ 249,130.00

Replacement of Plant $ 523,780.36

Elections $ 101,474.60

Employee Leave Entitlements $ 676,541.06

Insurance Reserve $ 58,659.78

Safety & Welfare Expenses OH&S Incentive $ 14,726.42

Other $ 20,000.00

Deposits $ 2,681,736.90

Total Internal Restrictions $ 4,452,467.72

External Restrictions S94 $ 932,815.85

Grants $ 89,633.29

Domestic Waste Management $ 246,324.25

Special Environmental Levy $ 303,457.95

Special Community Facilities $ 1,470,638.11

Special Roads $ 361,484.17

Other Infrastructure Special Rate $ 325,375.63

Total External Restrictions $ 3,729,729.25

Total Restrictions $ 8,182,196.97

Portfolio 90 Day BB

$ % Rate % Rate

Total Investment as at:

30.11.15 $ 10,819,672 2.68 2.22

31.12.15 $ 10,688,953 2.74 2.34

31.1.16 $ 10,409,943 2.78 2.30

29.2.16 $ 10,443,741 2.78 2.28

31.3.16 $ 10,459,910 2.90 2.31

30.4.16 $ 18,879,071 2.89 2.26

31.5.16 $ 18,912,512 2.81 2.01

30.6.16 $ 18,836,587 2.78 1.99

31.7.16 $ 18,221,026 2.67 1.93

31.8.16 $ 19,045,234 2.52 1.76

30.9.16 $ 20,567,582 2.47 1.73

31.10.16 $ 19,846,945 2.24 1.74

Average Rate

2.69 2.07

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Item 8.3 Page 75

CONCLUSION

The investments listed above have been made in accordance with the Local Government Act 1993, the Local Government (General) Regulation 2005 and Council’s policy on investments. 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. HUNTERS HILL 2030

Council is compliant with statutory reporting requirements.

RECOMMENDATION

That the report be received and noted.

ATTACHMENTS

There are no attachments to this report.

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Item 8.4 Page 76

ITEM NO : 8.4

SUBJECT : CAPITAL WORKS PROGRAM

CSP OUTCOME : ASSETS MAINTAINED TO A LEVEL THAT MAXIMISES THEIR ECONOMIC LIFE AND SUSTAINABILITY

DELIVERY PLAN STRATEGY

: ADOPT A PLANNED APPROACH TO ASSET MANAGEMENT

REPORTING OFFICER : DAVID INNES

Ref:278251

INTRODUCTION

As part of the 2016/17 Resourcing Strategy and Delivery Plan, Council has allocated funding for various capital works throughout the Municipality. REPORT

The capital projects for 2016/17 are listed in the Attachment 1 of this report. The value of each project is listed, along with a status comment and an estimated start and finish date for projects not yet commenced. Progress has been satisfactory with a steady number of projects commenced and completed. Further reports will be provided as progress is made. CONCLUSION

This report is submitted for the information of Council. FINANCIAL IMPACT ASSESSMENT

There are no additional requirements resulting from this report. ENVIRONMENTAL IMPACT ASSESSMENT

There are no environmental effects resulting from this report. SOCIAL IMPACT ASSESSMENT

Works to be carried out within the subject programs will benefit the community by improving the condition of various Council assets. RISK ASSESSMENT

There are no additional risks to Council arising from this report. HUNTERS HILL 2030

The works described in this report have been established in Council’s asset management plans and are set out in the Delivery Plan. The works are intended to ensure Council’s assets are in a condition so that service delivery to the community is maintained and improved over time.

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Item 8.4 Page 77

RECOMMENDATION

That the report be received and noted.

ATTACHMENTS

1. Capital Projects 2016/17

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Item 8.4 Attachment 1 Page 78

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Item 8.4 Attachment 1 Page 79

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Item 8.4 Attachment 1 Page 80

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OUR COUNCIL Meeting 4414 - 28 November 2016

Item 8.4 Attachment 1 Page 81

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Item 8.5 Page 82

ITEM NO : 8.5

SUBJECT : FIT FOR THE FUTURE MERGER PROPOSAL UPDATE

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

DELIVERY PLAN STRATEGY

: COUNCILLORS ARE WELL-INFORMED ABOUT ISSUES/PROJECTS

REPORTING OFFICER : BARRY SMITH

Ref:278339

INTRODUCTION

The original purpose of this report is to provide Council with a regular update on the expenses incurred on any legal actions associated with the Fit for the Future merger proposal, as required by resolution of Ordinary Council Meeting 4400 held 26 April 2016. The report has already been expanded to include updates on any legal processes and will now also include any other relevant information dealing with mergers and the merger process. REPORT

No further costs have been incurred since last reported to Ordinary Meeting No. 4413 on 14 November 2016. Legal Cases

At the time of preparing this report a decision regarding the Woollahra case has still not been handed down. The case was heard over three months ago. It is reasonable to assume that a decision will be handed down prior to the end of the year and if this occurs it would suggest that any other appeals will not be heard until the first quarter of 2017. The progress of Council’s appeal is dependent upon the receipt of the Woollahra decision. Council Elections

OLG Circular No 16 - 44/ - Voting at Council Elections, was received on Friday 18 November (copy attached). The circular seeks to clarify the timing of electoral cycles given the ‘pending’ status of a number of merger proposals as a consequence of legal action taken by councils covered by these proposals. The information provided in the circular is based on advice received from the NSW Electoral Commissioner. OLG's circular states that councils with mergers still pending are required by the Local Government Act to hold an election, probably in September 2017. However, it further advises that if these councils have not been amalgamated by the end of November 2016, they cannot hold an election before March 2018. Based on the current state of the legal cases there may be very few, if any, further mergers concluded before the end of this month. Therefore mergers that may conclude during 2017 could have elections in March 2018.

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Item 8.5 Page 83

While that seems reasonable, the circular also advises that if a forced amalgamation occurs after August 2017, the election cannot be held before September 2019 and the OLG then says that elections for these particular councils might be better held in September 2020. CONCLUSION

As advised in previous reports we now have to wait for the legal processes to be followed and then respond to any directions, or decisions, as and when required. 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 report. SOCIAL IMPACT ASSESSMENT

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

There are no direct or indirect risks impacting on Council arising from consideration of this report. HUNTERS HILL 2030

This report responds to the need to ensure that Councillors are well informed about issues/projects.

RECOMMENDATION

That the report be received and noted.

ATTACHMENTS

1. OLG Circular 16/44 Voting at Council Elections

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Item 8.5 Attachment 1 Page 84

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Item 8.5 Attachment 1 Page 85

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OUR COUNCIL Meeting 4414 - 28 November 2016

Item 8.6 Page 86

ITEM NO : 8.6

SUBJECT : MODEL CODE OF CONDUCT - REPORT ON COMPLAINTS STATISTICS

CSP OUTCOME : COUNCIL IS 100% COMPLIANT WITH STATUTORY REPORTING REQUIREMENTS

DELIVERY PLAN STRATEGY

: ACCOUNTING MANAGEMENT AND POLICIES THAT COMPLY WITH CURRENT LEGISLATION

REPORTING OFFICER : TRACEY L. SMITH

Ref:278304

INTRODUCTION

The new Model Code of Conduct came into effect on 1 March 2013. Part of the model procedures requires the Complaints Coordinator to report on a range of statistics relating to complaints under the code. REPORT

During the reporting period there were no complaints received. CONCLUSION

Council will meet its statutory reporting requirements by the 31 December 2016. 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. HUNTERS HILL 2030

A key outcome in the Our Council section of Council’s current Community Strategic Plan is: 1.4.2 Council is compliant with statutory reporting requirements.

RECOMMENDATION

That the report be received and noted.

ATTACHMENTS

There were no attachments to this report.

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COMMITTEES Meeting 4414 - 28 November 2016

Item 9.1 Page 87

ITEM NO : 9.1

SUBJECT : MINUTES OF THE HUNTERS HILL ACCESS ADVISORY COMMITTEE MEETING HELD 10 NOVEMBER 2016

CSP OUTCOME : THE NEEDS OF THE MOST DISADVANTAGED AND VULNERABLE IN THE COMMUNITY ARE MET, EG FOR THE YOUNG AND AGED

DELIVERY PLAN STRATEGY

: IMPROVED ACCESS TO AGED AND DISABILITY SERVICES

REPORTING OFFICER : TANIA GAMBLE

Ref:277374

INTRODUCTION

The meeting opened at 12.30pm. PRESENT

Nan Barbour Barbara Dorsch Josephine McBride Cate Alder Hunter's Hill Council Catherine Higgs Yvonne Batterham Tania Gamble Hunter's Hill Council David Innes Hunter's Hill Council APOLOGIES Sonya Sodbinow Doris Carrall 1. DECLARATION OF INTEREST Nil 2. MINUTES OF THE PREVIOUS MEETING The minutes of the previous meeting were noted as correct. Yvonne asked for it to

be minuted that the venue for the July meeting was not accessible because the hearing loop was not working. She requested all future meetings be held in accessible venues.

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Item 9.1 Page 88

3. BUSINESS ARISING

3.1 Kerbs and Footpaths

LOCATION WORK REQUIRED PROGRESS

Gladesville Road Soil washed away outside no. 35

David to arrange asphalt.

Gale St Sunken verge (outside no. 7) David to arrange backfill in this location.

Gladesville Road Chairs obstructing footpath Ranger to enforce

Corner of Park & Princes St

Poor footpath condition David to arrange maintenance

Ernst St Gutter bridge hole/ road is lifting

David to arrange maintenance

Alexandra Street Sandstone gutter broken near Post Office

David to check

Alexandra St (near Lloyd Ave)

Footpath in poor condition Pavers to be replaced with asphalt. Tentatively planned for early next year

Princes St Kerb ramps at round-about crossing not aligned with crossing refuges

To realign ramps (starting at Earl St)

Ady Street No handrail next to steps leading to the foreshore

Install a handrail

Church & Mount St Kerb ramps poor condition/ alignment

Improve kerb ramps. Rumble bars will be installed along the road to slow traffic.

3.2 Bus Stops

LOCATION WORK REQUIRED PROGRESS

Gladesville Road No shelter Investigate options for installing a shelter

Alexandra St (outside Congregational Church)

No shelter. Grass area between road and seat (difficult for walking frames etc)

Investigate shelter. Extension of asphalt.

Fairland Hall Poor lighting Solar light to be installed

Princes St Poor lighting New shelter to be installed with solar light

3.3 Croquet Club Plans have been finalised for ramp access to the Croquet Club. Works are to

planned to commence in the next few months. When the improvements are completed this is to be advertised widely to the community.

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Item 9.1 Page 89

4. GENERAL BUSINESS 4.1 Disability inclusion Action Plan Every Council is required by the State Government to complete a Disability Inclusion

Action Plan (DIAP) by July 2017. Hunters Hill Council has partnered with Lane Cove Council and City of Ryde to engage a consultant to complete a DIAP. A consultant has been selected and it is expected that community consultations for the plan will take place in February. The Access Committee will be invited to participate in this process.

4.2 Lighting

Solar lighting is being installed at various locations. The access committee requested lighting to be installed in the walkways between Mount St and Madeline St and to investigate lighting at Ady St walkway.

The Committee suggested informing the community about how to report faulty streetlights so they can be fixed quickly. Tania to include an article in the Council Newsletter.

5. OTHER BUSINESS 5.1 David Innes will be taking 12 months leave from his position. Dhruba Bhowmik will

be covering his position while he is on leave. 5.2 Hearing Loop in Chamber The hearing loop in the Chamber was not working during the meeting. There have

been recurrent problems with the hearing loop in the Chamber resulting in the loop often not being available for users. The Committee requested an alternative design to be explored as the current system is failing to provide adequate access.

5.3 There was a request from the Committee for community event organisers to ask that

entertainers use the hearing loop when it is available. The Town Hall PA system should be used where possible as it is attached to the hearing loop.

5.4 International Day of People with a Disability Yvonne brought to the attention of the committee that the videos on the IDPWD

website did not have open captions. She sent an email to them asking for this to be altered. She also requested Auslan interpreters be made available for video footage on the site.

5.5 Tania was contacted by a resident who has recently learnt Auslan and would like to

practice. She has asked to get in contact with other people who can use Auslan in the local area. Yvonne has agreed to contact her.

6. Date of Next Meeting

Thursday 16 February 2017 at 12.30pm, Hunters Hill Council Chamber.

CONCLUSION

The meeting concluded at 1.30pm.

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Item 9.1 Page 90

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. HUNTERS HILL 2030

A key outcome of the Community and Lifestyle section of Council’s current community strategy plan is: 3.2 The needs of the most disadvantaged and vulnerable in the community are met e.g.

for the young and the aged Suggestions provided by the Access Advisory Committee will assist Council to achieve this outcome.

RECOMMENDATION

That the report be received and noted.

ATTACHMENTS

There are no attachments to this report.

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Item 9.2 Page 91

ITEM NO : 9.2

SUBJECT : MINUTES OF THE BUSHLAND MANAGEMENT WORKING PARTY HELD ON 21 NOVEMBER 2016

CSP OUTCOME : INCREASED ACTIVE AND INFORMED PARTICIPATION BY LOCAL RESIDENTS AND BUSINESS OWNERS IN CREATING A SUSTAINABLE FUTURE

DELIVERY PLAN STRATEGY

: ESTABLISH AND EXPAND PARTNERSHIPS/NETWORKS WITHIN THE COMMUNITY

REPORTING OFFICER : JACQUI VOLLMER

Ref:278324

COMMENCEMENT

The meeting opened at 2.30pm.

PRESENT

Liz Hinton Jenny Craige Heather Armstrong Leonie Parker Lyn Mallesch Brigid Dowsett Diane Drew Bob Hayes Bev Debrincat Sandra Heath Sally Gaunt Isolde Kamerman Bushcare Co-ordinator Jacqui Vollmer Bushland Management Co-ordinator

APOLOGIES

No apologies were received.

CONFIRMATION OF MINUTES

RECOMMENDATION

That the Minutes of Bushland Management Working Party of previous Meeting held on 15/08/2016 motioned by Bob Hayes seconded Bev Debrincat.

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BUSINESS ARISING

3.1 BUSINESS ARISING FROM PREVIOUS MINUTES

1. Boronia Park

The High Street toilet block (waiting on approval from Sydney Water for sewer connection), upgrade to internals of the grandstand, and netball courts are still in progress. There are also Levy funds available for walking track upgrades, water’s edge/Princes St access and picnic area, and reserve signage for this financial year. Council has applied for funding under the Community Building Partnership Grant 2016 to add to the Levy funds to upgrade water’s edge/Princes St access and picnic area and Tipperary Falls. We will be notified in December if successful.

The High Street toilet block will be locked at night, permeable WSUD

parking bays are still proposed but no funding available at present and “no stopping” signs along the northern side of Princes Street and additional rocks have been installed.

In addition Council is currently seeking three proposals and quotations to

upgrade the loop walking track in Boronia Park. The proposals and quotations will be subject to community consultation early next year.

There was a request to reinstall the “dogs on leash” sign along Princes

Street and rubbish bins at the end of Princes Street. 2. Strategic Planning Update On 29 March 2016 council resolved not to support the GSV Planning

Proposal to increase the height limit and floor space ratio permissible on the “Key Site” in Gladesville (bounded by Massey, Flagstaff and Cowell Streets). On 19 April 2016 GSV lodged a pre-gateway review request asking the Department of Planning and Environment (Department) to review Council’s unfavourable decision. On the 14 October 2016 the Department forwarded a letter to Council advising that they considered the GSV planning proposal had strategic merit and should proceed to the Joint Regional Planning Panel (JRPP). On 21 October 2016 the Department advised that their completed assessment report regarding the GSV pre-gateway review was available on their website. This report was made available under “News” on Council’s webpage and can also be accessed via the following link:

http://pgrtracking.planning.nsw.gov.au/

On 3 November 2016, the JRPP assessed the pre-gateway review request lodged by GSV Developments. The JRPP will make a recommendation to the Minister about whether the GSV planning proposal should receive a favourable Gateway determination or not. It is important to note that a favourable Gateway determination does not mean the GSV planning proposal has been approved. A favourable Gateway determination simply means the proponent may formally exhibit their proposal and receive public comment. After exhibition another round of assessment takes place prior to any final decision being made about amending the subject height and floor space standards of the Hunters Hill Local Environmental Plan 2012.

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If the JRPP recommends that the planning proposal should not proceed to Gateway that is the end of the process. However, if the JRPP decides to recommend that the planning proposal should proceed through Gateway it is invariably subject to a number of conditions, many of which must be satisfied prior to exhibition. Council has been advised that the recommendation of the JRPP will be published towards the end of November on their webpage: http://jrpp.nsw.gov.au/ Council will continue to keep the community informed about this matter using our web site, the Mayoral Column in The Weekly Times newspaper, Council newsletters and where appropriate, by writing to affected landowners and residents. The Greater Sydney Commission was established in 2015. The Commission is a NSW Government Agency charged with coordinating planning and infrastructure delivery across Sydney through the implementation of district plans. These draft plans are to be exhibited from 21 November 2016 until March 2017 and the Greater Sydney Commission is inviting community from the northern district to attend one of their community drop-in sessions to find out more about planning for Sydney’s long-term future, and how to provide feedback. The community is welcome to drop in any time during the session below: Saturday 3 December 10am – 1pm, Dougherty Centre, 7 Victor Street, Chatswood. For more information on how to get involved with the GSC work, please visit their webpage: http://www.greatersydneycommission.nsw.gov.au

3. Sports Field, Bedlam Bay leased to Hunter’s Hill Council

Hunters Hill Council is still waiting for the lease of the oval area including adjoining bushland. The Review of Environmental Factors (REF) Version 3 to install training lights (50 lux) on the sports field was prepared by Thompson Berill Landscape Design Pty Ltd and submitted to NPWS for approval. The REF will be attached to the lease. Council signed the lease two months ago and the lease went to Ministerial Services early November 2016.

4. Planting 2016/2017

A planting day was held in conjunction with NPWS and Habitat Network at Bedlam Bay on 12 November as part of the new Environmental Trust Grant i.e. “Habitat restoration along the lower Parramatta River estuary”. 14 volunteers planted 140 plants on the day.

2017 planting sites will include: Kellys Bush (by Friends of Kellys Bush and

by an environment group from Marist Sisters College Woolwich), Clarkes Point (by an environment group from Marist Sisters College Woolwich and Hunters Hill Sailing Club), Betts Park and Bedlam Bay (by planting volunteers i.e. advertised events), and Collingwood St Reserve by contractors. Council staff /contractor are maintaining weed regrowth in preparation for an autumn planting at Collingwood St Reserve.

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5. Green Army Programme Greater Sydney Local Land Services (GSLLS) on behalf of the Parramatta

River Catchment Group has reapplied for the Green Army Programme. No announcement has been made to date. Boronia Park bushcare sites (mapped) have been submitted as potential sites and onsite training will be provided by Council staff.

6. Sydney Water upgrades in Thorn Street property The REF for the proposal to install an Odour Control Unit in the Thorn

Street property is still being prepared. Council, community groups and residents will be notified when it is finalised. Sydney Water is still working on making sure the infrastructure is positioned correctly and reduces impact to local residents.

7. Upper Tarban Creek Reserve Sydney Water assessed the fence line along the canal. Council will check

the fence line and report back to Sydney Water if not fixed. Council will also to spray Madeira Vine next to the walkway.

8. Hollows as Homes A Hollows as Homes workshop was delivered by Dr Adrian Davis at The

Habitat on 24 September. For more information the Hollows as Homes website has a hollow register, background and training information.

9. Biosecurity Act 2015 The DPI is still developing the regulations, policies and procedures that

support the Biosecurity Act 2015. Information on the Biosecurity Act 2015 is available on the DPI website:

http://www.dpi.nsw.gov.au/biosecurity/biosecurity-act-2015 It should be noted that the Biosecurity Act 2015 will repeal the Noxious

Weeds Act 1993. Consultation has been ongoing since late 2015 with 37 discussion papers released for consultation to date. The proposed Regulation and Regulatory Impact Statement is currently available for public consultation from 14 November until 29 January 2017. An information session will be held on Thursday 24 November at Penrith Library Theatrette. Council staff will also receive training in implementing the new legislation early next year.

In addition the DPI has published a discussion paper on the website on

Recreation in Natural Areas, comments close on 14 December 2016. 10. Coastal Management Reforms A full draft Coastal Management State Environmental Planning Policy

(SEPP) and corresponding maps of the coastal management areas was released for public comment on 11 November until 23 December 2016.

The Coastal Management SEPP includes:

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Mapping the coastal management areas that collectively make up the new coastal zone

Applying development controls to each of these coastal management areas to encourage appropriate development, and to protect the important environmental and social values of the coast

Providing assessment pathways for coastal development, including coastal protection works.

Regarding the mapping, the buffer zone has been reduced from 500m to 100m along estuaries and coastal hazards have not been mapped for the Sydney Metropolitan area. The proposed new SEPP and community information sessions can be found at: www.planning.nsw.gov.au/CoastalReform. The nearest community session will be held at Manly on 5 December 5.30 to 7pm. The question was raised how the new Coastal SEPP fits in with the District Plans.

11. Biodiversity Review

Drafts of the new Biodiversity Conservation Act and amended Local Land Services Act were on public exhibition until 28 June 2016. The consultation material can be found at: www.landmanagement.nsw.gov.au. A total of 7166 submissions were received, including approximately 6000 form

submissions.

The Biodiversity Conservation Bill and Local Land Services Amendment Bill were introduced into NSW Parliament on 9 November 2016. The NSW Government has formally notified Parliament of its intention to introduce the Biodiversity Conservation Bill and the Local Land Services Amendment Bill as cognate legislation. The Bills were introduced into the Legislative Council on 16 November 2016 by the Minister for Primary Industries. The Bills are available on the parliamentary website: https://www.parliament.nsw.gov.au/bills/pages/current-bills.aspx. The government will commence the new laws in two stages in 2017. The government plans to start the full legislative changes from 1 July 2017. However further consultation on more detailed components of the package will take place before the proposed legislation commences.

Urban areas not covered by the Native Vegetation Regulatory Map (NV Map), will be regulated by a new State Environment Planning Policy (SEPP) and Development Control Plan which will replace Tree Preservation Orders. The proposed SEPP (Urban Tree Removal) will be the subject of separate public consultation in early 2017.

12. Rubbish hotspots particularly High Street

Council staff has been notified of rubbish hotspots at High Street, Huntleys Point Road and Hunters Hill High and are picking up rubbish more regularly at most locations.

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13. GSLLS Community Landcare Grants Friends of Buffalo Creek Reserve submitted an application, which was

unsuccessful. GSLLS advised that other suggested projects were highly unlikely to be successful.

14. Vegetation removal at Betts Park Council staff have now involved the Police who have sent a letter to

adjoining residents. Other strategies include: banners, signs, hesham, cameras, closing the reserve, and planting vines at the base of trees.

15. Dogs off leash in bushland areas particularly Boronia Park Several group members reported dogs being off leash in bushland areas,

play areas and bush tracks and asked that dogs on leash be enforced particularly for community safety. Formal signage has been installed at the Princes Street entrance and Michael Fallow (Ranger) has been patrolling Boronia Park for 5 weeks.

16. Balloon Vine in the Villa Maria property Council staff met with the business manager and contractor who agreed to

control the balloon vine on the Villa Maria property.

REPORTS

4.1 GRANTS

1. ET Grant - Restoring EECs along the Lane Cove River Estuary This 3-year Environmental Trust Grant covering Boronia Park, Buffalo

Creek Reserve and Ferdinand Street Reserve i.e. bush regeneration, flora and bird monitoring, was completed in August 2016.

2. Crown Lands Grant - Public Reserves Management Fund Program

Council was unsuccessful for funding under the 2016/17 Crown Lands PRMFP for weed control in Boronia Park, Buffalo Creek Reserve and Ferdinand Street Reserve.

3. Estuary Grant – Tarban Creek

The 2014/15 OEH Estuary Management Program for stormwater works and bush regeneration along Tarban Creek was completed in September 2016.

4. GSLLS Grant – Riverglade Reserve

The 2015/16 Greater Sydney Local Land Services Aquatic & Coastal Systems Program for bush regeneration in Riverglade Reserve is still in progress and will be completed in May 2017.

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5. ET Grant – Lower Parramatta River Reserves

Council recently received a 3-year Environmental Trust Grant in conjunction with NSW National Parks and Wildlife Service and Habitat Network for habitat restoration covering the lower Parramatta River reserves i.e. Clarkes Point, Kellys Bush, Betts Park, Gladesville Reserve and Parramatta River Regional Park (Bedlam Bay). This is a follow on project from the recently completed 2-year Environmental Trust Grant with Parramatta River Catchment Group Councils i.e. “Native Habitat Recovery in the Parramatta River Catchment”.

Jackie D’Arcy has been appointed as the Project Officer and Bev Debrincat has produced a brochure for distribution at events and nearby residents. The first project planting was held at Bedlam Bay as discussed and Jackie and Bev distributed flyers and a native shrub to nearby residents in Gladesville and Henley in order to encourage them to get involved and/or to plant habitat in their properties. One resident is keen to plant native shrubs in her backyard and maintain Bland Reserve. Jackie will be in touch over the next 3 years regarding future planting events for the grant project.

The project also involves contract bush regeneration and flora and bird monitoring over 3 years similar to the Lane Cove River project.

6. Regional Projects

The update on Parramatta River Catchment Group (PRCG) Our Living River initiative with the mission “to make Parramatta River swimmable again by 2025” strategic priorities for 2016-18 are as follows:

Sydney Water is still developing a Parramatta River Master Plan to map preferred pathways to making the river swimmable again. The community research project is completed; ecological health project almost completed with 5 iconic species i.e. Powerful Owl, Bar-tailed Godwit, Striped Marsh Frog, Eastern long-necked Turtle and Southern Myotis, which will be indicator species; swim site activation framework draft completed; and water quality modelling in progress with intervention scenarios currently being modelled.

A former swimming site at Gladesville Reserve was recommended for investigation.

The Greater Sydney Commission and Department of Planning and Environment are represented on the Masterplan Reference Group.

A very successful “Get the Site Right” joint campaign coordinated with the EPA and 8 PRCG Councils across October with 156 inspections for erosion and sediment control at construction sites conducted during a one day blitz and new educational resources developed i.e. www.ourlivingriver.com.au/regulation. 52% of sites inspected were not compliant.

Riverwatch Monitoring application submitted to OEH Estuary Grants to conduct phase 1 sediment screening at 7 sites.

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$30,000 Community Landcare Grant received for River Aware Pilot program which involves targeting selected communities for a water education test program with the aim to monitor improvements in waterway health around these communities. Communities in Blacktown and Ryde have been recommended as project sites.

Riverkeeper Network now has 32 subscribers, 5 groups and 2 businesses. The Network is looking for additional members.

Oceanwatch Living Shorelines partnership grant received to establish oyster bag pilot sites in the Parramatta River. Also partner in pre-proposal to NSW PIRE program for International Billion Oyster Project, which would be a partnership project delivered in New York, Singapore and Sydney (Parramatta and Georges Rivers).

Blacktown Council are coordinating a grant funded WSUD Capacity Building Project called “Splash” for Councils and Sydney Water. Splash aims to work with government to build resilience to climate change through the creation of water sensitive cities. Council staff can receive training in WSUD projects.

Jacobs Group and UNSW have completed a Strategic Analysis of Water Quality Monitoring in the Parramatta River catchment in three phases including a literature review and identification of key monitoring indicators, data collation, analysis and catchment scorecard, and development of business case for a future Riverwatch monitoring program.

A “Parramatta River Swim Report” produced to communicate the status of proposed swimming sites to the community– see website. PRCG Riverfest will be an annual event planned for August 2017.

7. Other Potential Projects

A Review of Environmental Factors (REF) was prepared in 2014 for sediment management in Tarban Creek by Ecological Consultants Australia (Mia Dalby-ball) in order to reinstate the natural substrate levels as far as practical to allow optimum tidal regimes for the saltmarsh and mangrove communities. Crown lands approved a 2 year licence to undertake the works, leaving only DPI-fisheries to approve the project, which they have in-principle. We are now seeking funding in-house and/or from Sydney Water who has not responded to our request.

4.2 HAZARD REDUCTION AND FERAL ANIMAL CONTROL PROGRAMS

The Hunters Hill, Ryde, Lane Cove, Willoughby Bush Fire Management Committee - Bush Fire Risk Management Plan is being reviewed and on hold.

The Fox Shooting Program recommence on 13 November to 14 December 2016. Known fox dens are not currently active i.e. Kellys Bush, the Villa Maria property and Gladesville Reserve, so the fox shooter contractor will not be fumigating the dens.

A FoxScan app is being developed for northern Sydney which will enable the community to record fox sightings. An urban fox ecology PhD project is also asking the community to collect fox scats –see flyer.

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COMMITTEES Meeting 4414 - 28 November 2016

Item 9.2 Page 99

OTHER BUSINESS

5.1 OTHER BUSINESS

1. Bushcare Xmas Party

The Bushcare Xmas party will be held on Thursday 1 December from 5.00pm-8.00pm at the Weil Park Scout Hall on Woolwich Road opposite Marist Sisters College.

2. Bat Talk

Paul Saffery (Ranger) will be hosting a “Bat Talk” on Friday 9 December 2016, 10.00am -11.30 am at Riverglade Reserve, meeting at Manning Road carpark, Hunters Hill near Tarban Street.

3. Richmond Crescent

It was recommended that the large Blackbutt opposite 18 Richmond Crescent be nominated for the Significant Tree Register. It was also recommended that bollards be placed along the reserve edge.

4. Bicycle Plan

Jacqui will send existing Bicycle Plan to Diane Drew. 5. Graffiti at Three Patriots Walk

It was reported that interpretative signage has been graffitied at the Mount Street end on the Three Patriots Walk.

The meeting closed at 3.45pm. The next meeting will be held 20 February 2017. 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. HUNTERS HILL 2030

This matter relates to Operation Plan Action 3.1.1.1. Continue facilitation of SABAC and Bushland Management Working Group.

RECOMMENDATION

That the Minutes be received and noted.

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COMMITTEES Meeting 4414 - 28 November 2016

Item 9.2 Page 100

ATTACHMENTS

There are no attachments to this report.

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COMMITTEES Meeting 4414 - 28 November 2016

Item 9.3 Page 101

ITEM NO : 9.3

SUBJECT : REPORT ON COUNCILLOR BRIEFINGS HELD 24 OCTOBER 2016

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

DELIVERY PLAN STRATEGY

: COUNCILLORS ARE WELL-INFORMED ABOUT ISSUES/PROJECTS

REPORTING OFFICER : WENDY MCGUIRK

Ref:278516

PRESENT

Clr Richard Quinn Mayor Clr Meredith Sheil Clr Peter Astridge Clr Mark Bennett Deputy Mayor Clr Gary Bird Clr Zac Miles Clr Justine McLaughlin Barry Smith General Manager David Innes Group Manager Works & Services Steve Kourepis Group Manager Development and Regulatory Control APOLOGIES

BRIEFING

Information was presented to Councillors on:

Legal Briefing on DA’s currently before the L & E Court.

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.

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COMMITTEES Meeting 4414 - 28 November 2016

Item 9.3 Page 102

HUNTERS HILL 2030

Councillors are well informed of issues and projects.

RECOMMENDATION

That the report be received and noted.

ATTACHMENTS

There were no attachments to this report.

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GENERAL BUSINESS Meeting 4414 - 28 November 2016

Item 12.1 Page 103

ITEM NO : 12.1

SUBJECT : MEETINGS - VARIOUS COMMITTEES OF COUNCIL

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

DELIVERY PLAN STRATEGY

: COUNCILLORS ARE WELL-INFORMED ABOUT ISSUES/PROJECTS

REPORTING OFFICER : SHARON MURDOCH

Ref:278320

INTRODUCTION

Council has adopted a Committee and Working Party structure. REPORT

The following meetings are updated for the information of Council.

PURPOSE DATE TIME LOCATION

Young in Art Committee Meeting 30.11.16 3.45pm Chamber

Seniors Advisory Group 5.12.16 10.00am The Heritage

Art Exhibition Advisory Committee 6.12.16 6.00pm Small Hall

Hunters Hill Village Mainstreet Committee 14.12.16 6.00pm 44 Gladesville Road

Conservation Advisory Panel (CAP) 21.12.16 5.30pm Chamber

Moocooboola Festival Committee 14.02.17 5.45pm Chamber

Access Advisory Group 16.02.17 12.30pm Chamber

Bushland Management Working Group 20.02.17 2.30pm Chamber

Joint Library Service Advisory Committee 22.02.17 5.30pm Gladesville Library

Children’s Services Advisory Committee 29.03.17 12.30pm Chamber

Environment Projects & Advisory Group (EPAAG) TBA 6.00pm Small Hall

Gladesville Mainstreet Committee TBA 6.00pm Gladesville Library

Hunters Hill Local Area Traffic Committee TBA 9.30am Chamber

Le Vesinet Friendship Committee TBA 7.00pm Small Hall

Public Transport & Traffic Advisory Committee (PT&T) TBA 6.00pm Chamber

Schools Principals’ Liaison Committee (Twice per- year) TBA 12.30pm Small Hall

FINANCIAL IMPACT ASSESSMENT

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

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GENERAL BUSINESS Meeting 4414 - 28 November 2016

Item 12.1 Page 104

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. HUNTERS HILL 2030

This matter complies with the Council Operational Plan.

RECOMMENDATION

That the report be received and noted.

ATTACHMENTS

1. What's On

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GENERAL BUSINESS Meeting 4414 - 28 November 2016

Item 12.1 Attachment 1 Page 105