final minutes - 24 february 2015 - the hills shire...mayoral minute 02/2015 – light rail 4 item-2...

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

the Council Chambers on 24 February 2015

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

on 24 February 2015

ITEM SUBJECT PAGE

ITEM-1 CONFIRMATION OF MINUTES 4

MAYORAL MINUTE 02/2015 – LIGHT RAIL 4

ITEM-2 DA NO. 1031/2014/HC- SHOP TOP HOUSING

DEVELOPMENT - LOT 1 DP 1132737 - 2-4

ABERDOUR AVENUE, ROUSE HILL

5

ITEM-3 COUNCIL SUBMISSION - EXHIBITION OF

MODIFICATION REQUEST FOR SENIORS HOUSING

DEVELOPMENT - NOS. 34 - 36 MEMORIAL AVENUE,

KELLYVILLE

28

ITEM-4 AMENDMENTS TO CONTRIBUTIONS PLAN NO. 15 -

BOX HILL PRECINCT (FP216)

29

ITEM-5 DEED OF AGREEMENT FOR TOWN CENTRE BYPASS

ROAD - 70 HEZLETT ROAD, KELLYVILLE (FP187)

30

ITEM-6 POST EXHIBITION - KNOCK DOWN AND RE-BUILD

LANDSCAPE CONTRIBUTION SCHEME

33

ITEM-7 PARTIAL RELEASE OF EASEMENT TO DRAIN

WATER - LOTS 112 AND 113 DP 1168691, 41

LAUGHTON CRESCENT AND LOT 113 FAIRWAY

DRIVE, KELLYVILLE

31

ITEM-8 CONDUCT OF COUNCIL ELECTION 2016 33

ITEM-9 BUDGET REVIEW AS AT 31 JANUARY 2015 31

ITEM-10 HILLS SHIRE PLAN 2014/15 - REVIEW 2 31

ITEM-11 TENDER T15/13 - STORMWATER NETWORK ASSET

UPGRADE - DETAILED CONCEPT DESIGN,

CARLINGFORD

31

ITEM-12 TENDER T15/14 LOWER PORTLAND FERRY RAMP -

DETAILED DESIGN

31

ITEM-13 AMENDMENTS TO LEASE OF GROUND FLOOR,

BUILDING C, 3 COLUMBIA COURT, BAULKHAM

HILLS

32

ITEM-14 COMPULSORY ACQUISITION OF A LEASE OVER

LISLE COURT RESERVE, 12Z LISLE COURT, WEST

PENNANT HILLS

32

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

the Council Chambers on 24 February 2015

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

on 24 February 2015

ITEM-15 EASEMENTS FOR ELECTRICITY SUPPLY WITHIN 3

COLUMBIA COURT, BAULKHAM HILLS

32

ITEM-16 STATUS REPORT - LEGAL MATTERS 32

ITEM-17 STATUS REPORTS - DEVELOPMENT APPLICATIONS

AWAITING DETERMINATION FEBRUARY 2015

32

ITEM-18 APPRECIATION LETTERS - NOVEMBER, DECEMBER

2014 AND JANUARY 2015

33

ITEM-19 OUTSTANDING RESOLUTIONS OF COUNCIL -

DECEMBER 2014

33

ITEM-20 QUESTIONS AND ANSWERS - COUNCIL MEETINGS

11 AND 25 NOVEMBER AND 9 DECEMBER 2014

33

QUESTIONS WITHOUT NOTICE 34

CLOSED COUNCIL 37

ITEM-21 PURCHASE OF LAND FOR ROAD WIDENING AT

133-149 SAMANTHA RILEY DRIVE, KELLYVILLE

39

ITEM-22 PURCHASE OF PART 33-35 HEZLETT ROAD,

KELLYVILLE FOR ROAD WIDENING

39

ITEM-23 CLOSURE & SALE OF PART ROSS PLACE,

KELLYVILLE

39

ITEM-24 PURCHASE OF NO 3 HILL ROAD, WEST PENNANT

HILLS

40

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

in the Council Chambers on 24 February 2015

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

held on 24 February 2015

75 PRESENT

Clr A C Jefferies (Mayor, in the Chair)

Clr Dr M R Byrne Adjunct Professor (Deputy Mayor)

Clr P J Gangemi

Clr R K Harty OAM

Clr A J Hay OAM

Clr A N Haselden

Clr Y D Keane

Clr Dr J N Lowe

Clr R A Preston

Clr M O Taylor

Clr M G Thomas

Clr R M Tracey

76 TIME OF COMMENCEMENT

7.07pm

77 TIME OF COMPLETION

10.07pm

78 DECLARATIONS OF INTEREST

Item 4 Councillor Gangemi (declared a Special Disclosure of Pecuniary Interest

and left the room)

Item 11 Councillor Keane (declared a non-pecuniary and less than significant

conflict of interest and remained in the room)

79 ARRIVALS AND DEPARTURES

7.16pm Councillor Dr Byrne left the meeting and returned at 7.17pm during the

Mayoral Minute.

7.33pm Councillor Thomas left the meeting and returned at 7.35pm during Item 2.

8.12pm Councillor Dr Lowe left the meeting and returned at 8.14pm during Item 2.

8.41pm Councillor Gangemi left the meeting for Item 4 and returned at 8.53pm for

Call of the Agenda.

8.54pm Councillor Keane left the meeting and returned at 8.57pm during Call of

the Agenda

9.19pm Councillor Thomas left the meeting and returned at 9.21pm during

Questions Without Notice

80 DISSENT FROM COUNCIL'S DECISIONS

Nil.

81 ADJOURNMENT & RESUMPTION

Nil.





ITEM-1 CONFIRMATION OF MINUTES

A MOTION WAS MOVED BY COUNCILLOR DR BYRNE ADJUNCT PROFESSOR AND

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

Council held on 10 February 2015 be confirmed.

THE MOTION WAS PUT AND CARRIED.

82 RESOLUTION

The Minutes of the Ordinary Meeting of Council held on 10 February 2015 be confirmed.

7.16pm Councillor Dr Byrne left the meeting and returned at 7.17pm during the Mayoral

Minute.

MAYORAL MINUTE NO 02/2015 – LIGHT RAIL

A MOTION WAS MOVED BY COUNCILLOR JEFFERIES AND SECONDED BY COUNCILLOR

DR BYRNE ADJUNCT PROFESSOR THAT the Mayoral Minute be received.


83 RESOLUTION

1) Council calls upon the NSW Government and Opposition to commit to the

construction of the Parramatta to Macquarie Park via Carlingford line as the first

route of the Western Sydney Light Rail network

2) Council calls upon the NSW Government and Opposition to commit to the

construction of the Western Sydney Light Rail network within the next term of

Government

3) That a second route between Parramatta and Castle Hill also be considered as the

second phase

4) Council calls upon the NSW Government and Opposition to note the Deloitte report

commissioned by the West Line Alliance that suggests that developers could pay for

the construction of a route between Parramatta, Olympic Park and Strathfield and not

commit any public funds towards its construction.

COMMUNITY FORUM

There were no addresses to Council during Community Forum.

7.33pm Councillor Thomas left the meeting and returned at 7.35pm during Item 2.

8.12pm Councillor Dr Lowe left the meeting and returned at 8.14pm during Item 2.





ITEM-2 DA NO. 1031/2014/HC- SHOP TOP HOUSING

DEVELOPMENT - LOT 1 DP 1132737 - 2-4

ABERDOUR AVENUE, ROUSE HILL

Proceedings in Brief

Mr Andrew Lee (Objector) of Adelphi Street, Rouse Hill representing the residents

addressed Council regarding this matter.

Anthony Elhazouri of Revelop Projects (Applicant) addressed Council regarding this

matter.

A MOTION WAS MOVED BY COUNCILLOR PRESTON AND SECONDED BY COUNCILLOR

THOMAS THAT the Recommendation contained in the report be adopted.


84 RESOLUTION

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

GENERAL MATTERS

1. Development in Accordance with Submitted Plans (as amended)

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

submitted to Council, as amended in red, stamped and returned with this consent. No

work (including excavation, land fill or earth reshaping) shall be undertaken prior to the

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

The amendments in red include: -

Advanced trees 200 Litre in size are to be planted along the north western

boundary; and

Glass balustrade to child care centre to be obscure glass.

REFERENCED PLANS

DRAWING NO DESCRIPTION SHEET REVISION DATE

2134 Basement Level 1 DA02 D 12 September 2014

2134 Ground Floor Level DA03 D 12 September 2014

2134 Level 1 DA04 D 12 September 2014



2134 Roof Level DA07 D 12 September 2014

2134 Site Elevations DA08 D 12 September 2014

2134 Site Sections DA09 D 12 September 2014

2134 Site Details DA10 D 12 September 2014

2134 Typical Unit Layouts DA12 D 12 September 2014

2134 Typical Unit Layouts DA13 D 12 September 2014

- Ground Floor SK01 C September 2014





Landscaping Plan

- Level 01 Landscaping

Plan

SK02 D September 2014

2. External Finishes

External finishes and colours shall be in accordance with the details submitted with the

development application and approved with this consent.

3. Compliance with NSW Rural Fire Service Requirements

Compliance with the requirements of the NSW Rural Fire Service attached as Appendix

(A) to this consent and dated 1 April 2014.

4. Compliance with Roads and Maritime Services Requirements

Compliance with the requirements of the Roads and Maritime Services specifically:

A. All redundant vehicular crossings on Windsor Road shall be removed and replaced

with kerb and gutter to match the existing. It is noted that no vehicular access off

Windsor Road is proposed as part of this development.

B. The developer is to submit design drawings and documents relating to the excavation

of the site and support structures to RMS for assessment, in accordance with

Technical Direction GTD2012/001.

The developer is to submit all documentation at least six (6) weeks prior to

commencement of construction and is to meet the full cost of the assessment by

RMS.

The report and any enquiries should be forwarded to:

Project Engineer, External Works

Sydney Asset Management

Roads and Maritime Services

PO Box 973 Parramatta CBD 2124.

Telephone 8848 2114

Fax 8849 2766

If it is necessary to excavate below the level of the base of the footings of the

adjoining roadways, the person acting on the consent shall ensure that the owner/s

of the roadway is/are given at least seven (7) days notice of the intention to

excavate below the base of the footings . The notice is to include complete details of

the work.

C. All construction activity associated with the proposed development is to be contained

on site or on site streets as no construction zones will be permitted on Windsor Road

in the vicinity of the site.

D. A Road Occupancy License should be obtained from TMC for any works that may

impact on traffic flows on Windsor Road during construction activities.

E. A Construction Traffic Management Plan detailing construction vehicle routes, number

of trucks , hours of operation, access arrangements and traffic control should be

submitted to Council for determination prior to the issue of a construction certificate.





F. The swept path of the longest vehicle (to service the site) entering and exiting the

subject site, as well as manoeuvrability through the site, shall be in accordance with

AUSTROADS. In this regard, a plan shall be submitted to Council for approval, which

shows that the proposed development complies with this requirement.

G. Should the post development storm water discharge from the subject site into the

RMS system exceed the pre-development discharge, detailed design plans and

hydraulic calculations of any charges are to be submitted to the RMS for approval,

prior to the commencement of works.

Details should be forwarded to:

Sydney Asset Management

Roads and Maritime Services

PO BOX 973 Parramatta CBD 2124

H. The layout of the proposed car parking areas associated with the subject

development (including, driveways, grades, turn paths, sight distance requirements,

aisle widths , aisle lengths, and parking bay dimensions) should be in accordance

with AS 2890.1- 2004.

I. The proposed development should be designed such that traffic noise from adjacent

public roads is mitigated by durable materials and comply with requirements of

Clause 102 - (impact of road noise or vibration on non-road development) of State

Environmental Planning Policy (Infrastructure) 2007.

J. All vehicles are to enter and leave the site in a forward direction.

K. The required sight lines to pedestrians or other vehicles in or around the car park or

entrance are not to be compromised by landscaping, signage, fencing or display

materials.

L. All works associated with the proposed development are to be at no cost to the RMS.

5. Provision of Parking Spaces

The development is required to be provided with 172 off-street car parking spaces.

These car parking spaces shall be available for off street parking at all times.

6. Separate application for signs

A separate application is to be submitted to, and approved by, Council prior to the

erection of any advertisements or advertising structures.

7. Construction Certificate

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

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

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

to incorporate the conditions of the Development Consent.

8. Building Work to be in Accordance with BCA

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

Code of Australia.

9. Tree Removal

Approval is granted for the removal of ten (10) trees as nominated for removal in the

Arboricultural Impact Assessment prepared by Redgum Horticulture dated 19th February

2014.

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

replacement trees are to be planted upon completion of construction.





10. Property Numbering

The responsibility for property numbering is vested solely in Council.

Based on recently revised NSW Addressing Policy, the amended property addresses for

this development are as follows:

Units G01 – G04/28 Adelphi Street Rouse Hill (Ground Floor)

Units G05 – G11/2 Aberdour Avenue Rouse Hill (Ground Floor)

Units 101 – 122/2 Aberdour Avenue Rouse Hill (First Floor)

Units 201 – 222/2 Aberdour Avenue Rouse Hill (Second Floor)

Please refer to approved numbering plan. These numbers, unless otherwise approved by

Council in writing, are to be displayed clearly on all door entrances.

Mail boxes are to be in a single bank for all units with the exception of G01-G04.

Separate mail boxes are to be installed in Adelphi Street at unit entrances for Units G01-

G04.

Clear and accurate external directional signage is to be erected on site at driveway entry

points and on buildings. Unit numbering signage is also required on all stairway access

doors and lobby entry doors. It is essential that all numbering signage throughout the

complex is clear to assist emergency service providers locate a destination with ease and

speed.

11. Planting Requirements

To maintain the treed environment of the Shire (15) advanced (45 litres) replacement

trees from the following list are to be planted elsewhere within the property.

Elaeocarpus reticulatus Blueberry Ash

Tristaniopsis laurina Water Gum

Eucalyptus haemastoma Scribbly gum

All trees planted as part of the approved landscape plan are to be minimum 45 litre pot

size. All shrubs planted as part of the approved landscape plan are to be minimum

200mm pot size. Groundcovers are to be planted at 5/m2.

12. Street Trees

Street trees must be provided for the section of Windsor Road, Adelphi Street and

Aberdour Avenue within or fronting the development site spaced between 7m and 10m

apart and with a minimum of one tree per lot frontage. The location of street trees must

be considerate of driveways, services, drainage pits and sight lines at intersections. The

species and size of street trees must comply with the requirements of Council. Details

demonstrating compliance with the above must be submitted for approval before any

street trees are planted.

A performance/ maintenance bond is required to be submitted to Council once the street

trees are planted. The bond will be held for one year and may be extended if

replacement street trees are required to be planted. The bond is refundable upon written

application to Council. Alternatively, street trees can be planted by Council subject to

payment of the applicable fee as per Council’s Schedule of Fees and Charges.





13. Adherence to Waste Management Plan

All requirements of the Waste Management Plan submitted as part of the Development

Application and dated 17 February 2014 must be implemented during the construction

and demolition stages of the development. The information submitted can change

provided that the same or a greater level of reuse and recycling is achieved as detailed

in the plan. Any waste material removed from the site is to be transported in accordance

with the requirements of the Protection of the Environment Operations Act (1997) and

only to place that can lawfully be used as a waste facility. Receipts of all waste/recycling

tipping must be kept on site at all times and produced in a legible form to any authorised

officer of the Council who asks to see them.

14. Management of Construction and/ or Demolition Waste

Waste materials must be appropriately stored and secured within a designated waste

area onsite at all times, prior to its reuse onsite or being sent offsite. This includes waste

materials such as paper and containers which must not litter the site or leave the site

onto neighbouring public or private property. A separate dedicated bin must be provided

onsite by the builder for the disposal of waste materials such as paper, containers and

food scraps generated by all workers. Building waste containers are not permitted to be

placed on public property at any time unless a separate application is approved by

Council to locate a building waste container in a public place. Any material moved offsite

is to be transported in accordance with the requirements of the Protection of the

Environment Operations Act 1997 and only to a place that can lawfully be used as a

waste facility. The separation and recycling of the following waste materials is required:

metals, timber, masonry products and clean waste plasterboard. This can be achieved by

source separation onsite, that is, a bin for metal waste, a bin for timber, a bin for bricks

and so on. Alternatively, mixed waste may be stored in one or more bins and sent to a

waste contractor or transfer/ sorting station that will sort the waste on their premises for

recycling. Receipts of all waste/ recycling tipping must be kept onsite at all times and

produced in a legible form to any authorised officer of the Council who asks to see them.

15. Commencement of Domestic Waste Service

The building owner or manager must ensure to arrange the commencement of a

domestic waste service for the residential component of the development with Council no

later than two days after occupancy of the development and no earlier than two days

prior to occupancy of the development. The building owner or manager must notify

Council by telephoning (02) 9843 0310. All requirements of The Hills Shire Council

domestic waste collection service must be complied with at all times.

16. Construction of Bin Room

Residential

All work involving construction of the residential bin room shall comply with the

requirements of The Hills Shire Council Bin Storage Design Specifications, and in addition

to, the room is required to be adequately ventilated (mechanically), contain a light and

have roller shutter doors installed in the clear wall openings (excluding the resident

access door) with a minimum clear floor width of 1.5m. Storage facility is to be provided

for a minimum of nine (9) 660 litre bulk bins and twenty-four (24) 240 litre mobile bins.

Commercial

All work involving construction of the commercial bin rooms shall comply with the

requirements of The Hills Shire Council Commercial/Industrial Waste Storage Area

Specifications, and in addition to, the rooms are required to be adequately ventilated

(mechanically or naturally) so that odour emissions do not cause offensive odour as

defined by the Protection of the Environment Operations 1997.

17. Waste Servicing Height Requirements

All areas shown in the manoeuvring plan for the waste vehicle are to have a clear

headroom of no less than 3.6m. Areas where the clear headroom is less than 3.6m must





have flexible striker bars and warning signs as per AS2890.1 to warn waste service

operators of the low headroom area.

18. Provision of No Parking Signs

Provide 24 metres of No Parking 6:00am to 12:00pm Thursday at the 240 litre bin

collection area, consistent with the plan entitled ground floor level prepared by Architex

and dated 17 February 2014 (Drawing No. DA03 Issue A), at Adelphi Street. This

collection area is for bins supplied by Council only and all commercial bins are required

to be serviced from the loading dock.

19. Recycled Water

The subject site must be connected to Sydney Water’s Rouse Hill Recycled Water

Scheme, unless written evidence from Sydney Water is submitted advising that this

service is not available.

20. Water Sensitive Urban Design Handover Process

An operations and maintenance plan must be prepared for all WSUD proposals. The

operations and maintenance plan must include:

a) The location and type of each WSUD element, including details of its operation and

design;

b) A brief description of the catchment characteristics, such as land uses, areas etc;

c) Estimated pollutant types, loads and indicative sources;

d) Intended maintenance responsibility, Council, landowner etc;

e) Inspection method and estimated frequency;

f) Adopted design cleaning/ maintenance frequency;

g) Estimate life-cycle costs;

h) Site access details, including confirmation of legal access, access limitations etc;

i) Access details for WSUD measure, such as covers, locks, traffic control requirements

etc;

j) Description of optimum cleaning method and alternatives, including equipment and

personnel requirements;

k) Landscape and weed control requirements, noting that intensive initial planting is

required upfront to reduce the requirement for active weed removal;

l) A work method statement;

m) A standard inspection and cleaning form.

All constructed WSUD elements within public areas, being roads or drainage reserves,

are to be transferred to Council at the end of the project. The following is required in

order to facilitate this handover process:

n) The developer will be responsible for the maintenance of the item for a defined

maintenance period agreed to by Council. For example, the consultation draft

document entitled Managing Urban Stormwater: Urban Design prepared by the

SMCMA and the then NSW DECCW suggests that the developer maintain WSUD

elements within a subdivision until a given proportion of the dwellings on the lots

created, say 80%, are erected and occupied.

o) The operations and maintenance plan for this element (above) is submitted to

Council for review/ revision and subsequent approval.

p) Council staff inspects the WSUD measure to confirm that it is being maintained in

accordance with the approved maintenance plan.





q) A whole of life assessment is provided for the WSUD measure which is based upon

the expenses incurred during the maintenance period, and documentation is provided

to confirm these expenses.

r) WAE drawings and any required engineering certifications are provided to Council.

s) Where water quality monitoring has been determined by Council as being required,

monitoring results must be submitted to Council for review.

t) Details of all incidents including OHS incidents, public safety, WSUD performance and

complaints received should be provided.

If Council determines that the WSUD measure is not complying with the conditions of

this approval or monitoring identifies that it is not performing as anticipated, Council

may request that alterations be made to the WSUD element prior to transfer.

For the purposes of complying with the above a WSUD treatment system is considered

to include all functional elements of the system as well as any landscaped areas directly

surrounding the system.

21. Road Opening Permit

Should the subdivision/ development necessitate the installation or upgrading of utility

services or any other works on Council land beyond the immediate road frontage of the

development site and these works are not covered by a Construction Certificate issued

by Council under this consent then a separate road opening permit must be applied for

and the works inspected by Council’s Maintenance Services team.

The contractor is responsible for instructing sub-contractors or service authority

providers of this requirement. Contact Council’s Construction Engineer if it is unclear

whether a separate road opening permit is required.

22. Protection of Public Infrastructure

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

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

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

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

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

structures, utilities and landscaping fronting the site.

23. Vehicular Access and Parking

The formation, surfacing and drainage of all driveways, parking modules, circulation

roadways and ramps are required, with their design and construction complying with:

a) AS/ NZS 2890.1

b) AS/ NZS 2890.6

c) AS 2890.2

d) Council’s DCP Part C Section 1 – Parking

e) Council’s Driveway Specifications

Where conflict exists the Australian Standard must be used.

The following must be provided:

i. All driveways and car parking areas must be prominently and permanently line

marked, signposted and maintained to ensure entry and exit is in a forward

direction at all times and that parking and traffic circulation is appropriately

controlled.





ii. All driveways and car parking areas must be separated from landscaped areas by

a low level concrete kerb or wall.

iii. All driveways and car parking areas must be concrete or bitumen. The design

must consider the largest design service vehicle expected to enter the site. In

rural areas, all driveways and car parking areas must provide for a formed all

weather finish.

iv. All driveways and car parking areas must be graded, collected and drained by pits

and pipes to a suitable point of legal discharge.

24. Gutter and Footpath Crossing Application

Each driveway requires the lodgement of a separate gutter and footpath crossing

application, accompanied by the applicable fee as per Council’s Schedule of Fees and

Charges.

25. Acoustic Requirements

The recommendations of the Acoustic Assessment and Report prepared by Acoustic

Logic, referenced as 20140149.4/1209A/RO/JD, dated 12 September 2014 and

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

approval. In particular:

i. the recommendations for window and door glazing contained within section 4.3,

ii. the ventilation requirements recommended in Section 4.3.3,

iii. the recommended building treatments listed in Section 5.4, 5.6.2 and 5.7; and

iv. a construction noise and vibration management plan in accordance with the

recommendations of section 5.8 of the acoustic report.

26. Contamination Assessment and Site Remediation

The recommendations of the Phase I Preliminary Site Contamination Investigation

prepared by GETEX Pty Limited, referenced as 8070.01.PSCA, dated 12 March 2014 and

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

approval. In particular: the recommendations for a Phase II Contamination Investigation

contained within Section 9 of the report.

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

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

notified to Council’s Manager – Environment and Health.

27. Demolition Inspections and Notification

Before demolition works commence, a pre-demolition inspection must be arranged with

Council’s Development Certification team. All conditions required to be addressed before

works commence must be satisfied. Once demolition works are complete, a post

demolition inspection must be arranged with Council’s Development Certification team.

Both Council and any adjoining properties must be notified in writing five days before

demolition works commence.

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

28. Section 94 Contribution

The following monetary contributions must be paid to Council in accordance with Section

94 of the Environmental Planning and Assessment Act, 1979, to provide for the

increased demand for public amenities and services resulting from the development.

Payments comprise of the following:-





The contributions above are applicable at the time this consent was issued. Please be

aware that Section 94 contributions are updated quarterly.

Prior to payment of the above contributions, the applicant is advised to contact Council’s

Development Contributions Officer on 9843 0268. Payment must be made by cheque or

credit/debit card. Cash payments will not be accepted.

This condition has been imposed in accordance with Contributions Plan No 8.

Council’s Contributions Plans can be viewed at www.thehills.nsw.gov.au or a copy may

be inspected or purchased at Council’s Administration Centre.

29. Internal Pavement Structural Design Certification

Prior to a Construction Certificate being issued, a Certified Practicing Engineer (CPEng)

must submit a letter to Council confirming the structural adequacy of the internal

pavement design. The pavement design must be adequate to withstand the loads

imposed by a loaded heavy rigid waste collection vehicle (i.e. 28 tonne axe load) from

the boundary to the waste collection point including any manoeuvring areas.

30. Bank Guarantee Requirements

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

a) Have no expiry date;

b) Be sent to Council direct from the bank;

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

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

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

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

forwarded to the applicant 14 days beforehand.

31. Stormwater Pump/ Basement Car Park Requirements

The stormwater pump-out system must provide for the following:

a) A holding tank sized to store the runoff from a 12 hour, 1 in 100 year design storm

event;

b) An alternating two pump system capable of emptying the holding tank at either the

Permissible Site Discharge rate or the rate of inflow for a five hour, 1 in 5 year design

storm event, whichever is lower;

c) An alarm system to alert a pump failure;

d) 100mm freeboard to all nearby parking spaces;

e) The system must be connected to the Onsite Stormwater Detention system before

being discharged to the street along with the remaining site runoff, under gravity.

All plans, calculations, hydraulic details and manufacturer specifications for the pump

must be submitted with certification from the designer confirming compliance with the

above requirements.

1br per Unit 2br per Unit 3br per Unit 1 Bedroom: 22 Bedroom:

44

3 Bedroom:

2Sum of Units

Total Section

94Open Space - Land 3,553.01$ 5,739.47$ 7,379.32$ 7,106.02$ 252,536.68$ 14,758.64$ 274,401.34$ 274,401.34$

Open Space - Capital 1,461.34$ 2,360.62$ 3,035.08$ 2,922.68$ 103,867.28$ 6,070.16$ 112,860.12$ 112,860.12$

Community Facilities - Land 76.56$ 123.68$ 159.02$ 153.12$ 5,441.92$ 318.04$ 5,913.08$ 5,913.08$

Community Facilities - Capital 662.84$ 1,070.75$ 1,376.67$ 1,325.68$ 47,113.00$ 2,753.34$ 51,192.02$ 51,192.02$

Studies and Administration 101.93$ 164.65$ 211.70$ 203.86$ 7,244.60$ 423.40$ 7,871.86$ 7,871.86$

Roadworks - Land 585.41$ 945.66$ 1,215.85$ 1,170.82$ 41,609.04$ 2,431.70$ 45,211.56$ 45,211.56$

Roadworks - Capital 1,391.80$ 2,248.29$ 2,890.66$ 2,783.60$ 98,924.76$ 5,781.32$ 107,489.68$ 107,489.68$

Total 7,832.89$ 12,653.12$ 16,268.30$ 15,665.78$ 556,737.28$ 32,536.60$ 604,939.66$ 604,939.66$





32. Draft Legal Documents

Where an encumbrance on title is required to be created as part of this consent, draft

copies of all legal documents must be submitted to Council for checking before a

Construction Certificate is issued.

33. Security Bond – Road Pavement and Public Asset Protection

In accordance with Section 80A(6)(a) of the Environmental Planning and Assessment Act

1979, a security bond of $136,000 is required to be submitted to Council to guarantee

the protection of the road pavement and other public assets in the vicinity of the site

during construction works. The above amount is calculated at the rate of $85.00 per

square metre based on the public road frontage of the subject site on either side (200m)

multiplied by the width of the road (8m).

The bond must be lodged with Council before a Construction Certificate is issued.

The bond is refundable upon written application to Council and is subject to all work

being restored to Council’s satisfaction. Should the cost of restoring any damage exceed

the value of the bond, Council will undertake the works and issue an invoice for the

recovery of these costs.

34. Security Bond – External Works

In accordance with Section 80A(6)(b) of the Environmental Planning and Assessment Act

1979, a security bond is required to be submitted to Council to guarantee the

construction, completion and performance of all works external to the site. The bonded

amount must be based on 150% of the tendered value of providing all such works. The

minimum bond amount is $10,000.00. The bond amount must be confirmed with Council

prior to payment.

The bond must be lodged with Council before a Construction Certificate is issued.

The bond is refundable upon written application to Council and is subject to all work

being completed to Council’s satisfaction.

35. Engineering Works and Design

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

in accordance with the following documents and requirements:

a) Council’s Design Guidelines Subdivisions/ Developments

b) Council’s Works Specifications Subdivisions/ Developments

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

Subdivision and Development Certification.

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

categorised below:

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

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

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

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

a) A completed application form.

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

c) Payment of the applicable application and inspection fees.

d) Payment of any required security bonds.

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

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

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





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

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

maintenance liability with respect to these assets once completed.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

the private certifier is accredited to do so.

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

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

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

The following engineering works are required:

i. Partial Width Road Reconstruction

The partial width reconstruction of the existing roads listed below is required, including

any necessary service adjustments and ancillary work required to make the construction

effective:

Road Name: Formation:

(Footpath/ Carriageway/ Footpath) (m)

Aberdour Avenue Road Type:

DCP Access Street

3.5m/ 8.5m/ 3.5m (Total 15.5m)

Pavement Design:

Access/ Local Road (Design Guidelines Section 3.12)

The pavement design must accommodate Council’s roundabout design.

Where partial width reconstruction exists opposite, the completed road must comply with

the overall requirements outlined in the table above. This new road pavement must

transition into the existing road pavement opposite to provide for a total minimum

carriageway width as per the appropriate DCP road type, which may require additional

pavement reconstruction.

Any requirements relating to partial width road reconstruction from the relevant section

of Council’s DCP must also be complied with. All works must be carried out in accordance

with the submitted traffic safety statement.





ii. Footpath Verge Formation

The grading, trimming, topsoiling and turfing of the footpath verge fronting the

development site is required to ensure a gradient between 2% and 4% falling from the

boundary to the top of kerb is provided. This work must include the construction of any

retaining walls necessary to ensure complying grades within the footpath verge area. All

retaining walls and associated footings must be contained wholly within the subject site.

Any necessary adjustment or relocation of services is also required, to the requirements

of the relevant service authority. All service pits and lids must match the finished surface

level.

iii. Gutter Crossings

Gutter crossings to the development site are required.

iv. Disused Layback/ Driveway Removal

All disused laybacks and driveways must be removed and replaced with full kerb and

gutter together with the restoration and turfing of the adjoining footpath verge area.

v. Service Conduits

Service conduits to the site laid in strict accordance with the relevant service authority’s

requirements, are required. Services must be shown on the engineering drawings.

vi. Earthworks/ Site Regrading

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

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

vii. Stormwater Drainage – Pipe Extension

A new kerb inlet pit must be provided in Adelphi Street fronting the site and the street

drainage extended from the existing pit downstream. The pipe extension must be

located under the existing kerb requiring the removal and reconstruction of the kerb and

gutter and road shoulder. As part of the Construction Certification engineering drawings,

sufficient calculations are to be provided to show that the additional stormwater

discharging to the existing public stormwater infrastructure can be accommodated.

viii. Water Sensitive Urban Design Elements

Water sensitive urban design elements, consisting of rainwater re-use and gross

pollutant pits, are to be located generally in accordance with the plans and information

submitted with the application.

Detailed plans for the water sensitive urban design elements must be submitted for

approval. The detailed plans must be suitable for construction, and include detailed and

representative longitudinal and cross sections of the proposed infrastructure. The design

must be accompanied, informed and supported by detailed water quality and quantity

modelling. The modelling must demonstrate a reduction in annual average pollution

export loads from the development site in line with the following environmental targets:

- 90% reduction in the annual average load of gross pollutants

- 85% reduction in the annual average load of total suspended solids

- 65% reduction in the annual average load of total phosphorous

- 45% reduction in the annual average load of total nitrogen

All model parameters and data outputs are to be provided.





These elements must be designed and constructed in accordance with best practice

water sensitive urban design techniques and guidelines. Such guidelines include, but are

not limited to, the following:

- Water Sensitive Urban Design – Technical Guidelines for Western Sydney, 2004,

http://www.wsud.org/tools-resources/index.html

- Australian Runoff Quality – A Guide to Water Sensitive Urban Design, 2005,

http://www.ncwe.org.au/arq/

36. Phase 2 Detailed Contamination Assessment

A Phase 2 Detailed Contamination Assessment prepared by a suitably qualified

environmental consultant is required to be submitted to Council’s Manager –

Environment and Health, to satisfy the requirements of the SEPP 55. Furthermore, the

aim of the Phase 2 Detailed Contamination Assessment is to also provide comprehensive

information on:

i. Issues raised in the Phase 1 Preliminary Contamination Investigation

prepared by Getex, with report number 8070.01.PSCA, and dated 12

March 2014;

ii. The type, extent and level of contamination (if any);

iii. Potential contaminant dispersal (if any);

iv. Potential effects of contaminants (if any) on human health and then the

environment; and

v. The adequacy and completeness of all information available to be used in

further decision making.

If a recommendation of the Phase 2 Contamination Assessment requires a Remedial

Action Plan (RAP), it is to provide details for remediation and validation. The RAP is to be

provided to Council’s Manager – Environment and Health for review. If in the opinion of

Council’s Manger – Environment and Health, the site conditions are of concern a Site

Audit Statement prepared under the NSW Site Auditor Scheme may be required.

Following remediation, in accordance with the RAP, site validation is to be undertaken to

ensure the success of remediation. A Site Validation Report is required to be submitted

to Council’s Manager – Environment and Health for review and approval.

37. Acoustic Treatment to Childcare Centre

An appropriately qualified acoustic consultant shall be engaged to certify that the design

of the childcare centre, specifically:

the Cot Room and Indoor Play Rooms, have had the glazing requirements

specified on the plans as per Appendix 2 of the DA Acoustic Assessment,

prepared by Acoustic Logic, with document number 20140149.4/1209A/RO/JD,

and dated 12 September 2014; and

fencing assigned to the Outdoor Play Areas a minimum of 1.8m high and

specified as plexiglass, surrounding the perimeter of the external play areas,

with no gaps between the panels and no gap at the bottom.

38. Mechanical Plant Certification of Acoustic Compliance

An appropriately qualified acoustic consultant shall certify in a written statement

submitted to Council’s Manager – Environment and Health that the selected location and

operation of the mechanical plant, air-conditioning condensers, roof top or other external

base building ventilation, and fans, will comply with noise emission criteria as set out in

the DA Acoustic Assessment, prepared by Acoustic Logic, with document number

20140149.4/1209A/RO/JD, and dated 12 September 2014. Details of acoustic





treatments that are included in the plans, such as noise screens, enclosures, in-duct

treatments (silencers/lined ducting or similar) shall also be described and certified.

The acoustic consultant shall also certify that the location and design of the mechanical

plant, air-conditioning condensers, roof top or other external base building ventilation,

and fans does ensure that the plant noise level at the Outdoor Play Area of the Childcare

Centre does not exceed 55 dB(A), consistent with EPA guidelines for recreation areas.

39. Notice of Requirements

The submission of documentary evidence to the Certifying Authority, including a Notice

of Requirements, from Sydney Water Corporation confirming that satisfactory

arrangements have been made for the provision of water and sewerage facilities.

Following an application a “Notice of Requirements” will advise of water and sewer

infrastructure to be built and charges to be paid. Please make early contact with the Co-

ordinator, since building of water / sewer extensions can be time consuming and may

impact on other services and building, driveway and landscape design.

40. Design Verification

Prior to the release of the Construction Certificate design verification is required from a

qualified designer to confirm the development is in accordance with the approved plans

and details and continues to satisfy the design quality principles in SEPP65.

41. Photographic record

A photographic record is to be made of the cottage and is to be submitted to the

satisfaction of Council’s Heritage Staff prior to the commencement of works in

accordance with: -

"Photographic Recording of Heritage Items Using Film or Digital Capture" (Heritage

Office, 2006); and

“How to prepare archival records of heritage items” (Department of Planning and

Heritage Council of NSW, 1998).

The record is to include as a minimum:

i. A location plan (including place and date of photographic record);

ii. Site plan to scale;

iii. Floor plan to scale;

iv. Colour, and black and white digital photographs, clearly labelled and cross

referenced to base plans.

Images are to show views of all elevations, internal spaces and the surrounding setting.

PRIOR TO WORK COMMENCING ON THE SITE

42. Principal Certifying Authority

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

and Assessment Regulations 2000.

43. Builder and PCA Details Required

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

submitted to the Principal Certifying Authority prior to work commencing.

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

Authority in accordance with the Regulations.





44. Management of Building Sites – Builder’s Details

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

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

the site is otherwise unoccupied.

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

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

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

Principal Certifying Authority.

45. Consultation with Service Authorities

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

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

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

building, to the electricity meters and metering equipment.

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

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

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

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

are necessary.

46. Tree Protection Fencing and Signage

Prior to any works commencing on site Tree Protection Fencing must be in place around

trees or groups of trees nominated for retention. In order of precedence the location of

fencing shall be a) As per Tree Protection Plan as per Arborist report for project or b)

Tree Protection Zone (TPZ) as calculated under AS4970 (2009) Protection of trees on

development sites c) A minimum of 3m radius from trunk.

The erection of a minimum 1.8m chain-wire fence to delineate the TPZ is to stop the

following occurring:

Stockpiling of materials within TPZ

Placement of fill within TPZ

Parking of vehicles within the TPZ

Compaction of soil within the TPZ

Cement washout and other chemical or fuel contaminants within TPZ

Prior to any works commencing on site a Tree Protection Zone sign must be attached to

Tree Protection Fencing clearly indicating no access to area without authorisation from

the project arborist or site manager. There is an example of an appropriate sign on p16

AS4970 (2009) Protection of trees on development sites.

47. Trenching within Tree Protection Zone

Any trenching for installation of drainage, sewerage, irrigation or any other services shall

not occur within the Tree Protection Zone of trees identified for retention without prior

notification to Council (72 hours notice) or under supervision of a project arborist.

If supervision by a project arborist is selected, certification of supervision must be

provided to the Certifying Authority within 14 days of completion of trenching works.

48. Demolition Works and Asbestos Management

The demolition of any structure is to be carried out in accordance with the Occupational

Health and Safety Regulations 2001 Part 8 and AS 2601-2001. All vehicles transporting

demolition materials offsite are to have covered loads and are not to track any soil or

waste materials on the road. Should demolition works obstruct or inconvenience

pedestrian or vehicular traffic on adjoining public road or reserve, a separate application





is to be made to Council to enclose the public place with a hoard or fence. All demolition

works involving the removal and disposal of asbestos must only be undertaken by a

licenced asbestos removalist who is licenced to carry out the work. Asbestos removal

must be carried out in accordance with the WorkCover, Environment Protection Authority

and Office of Environment and Heritage requirements. Asbestos to be disposed of must

only be transported to waste facilities licenced to accept asbestos. No asbestos products

are to be reused on the site.

49. Traffic Control Plan

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

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

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

for further approval prior to being implemented.

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

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

this to occur.

50. Erection of Signage – Supervision of Work

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

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

information:

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

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

carrying out the works;

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

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

must be removed upon completion.

51. Adjoining Property Dilapidation Report

A dilapidation report must be prepared and submitted by a structural engineer recording

the condition of any dwelling or ancillary structures on No. 2-10 Hassett Place within the

likely zone of influence from any excavation, dewatering or construction induced

vibration.

52. Public Infrastructure Inventory Report

A public infrastructure inventory report must be prepared and submitted to Council

recording the condition of all public assets in the direct vicinity of the development site.

This includes, but is not limited to, the road fronting the site along with any access route

used by heavy vehicles. If uncertainty exists with respect to the necessary scope of this

report, it must be clarified with Council before works commence. The report must

include:

a) Planned construction access and delivery routes; and

b) Dated photographic evidence of the condition of all public assets.

53. Erosion and Sedimentation Controls

Erosion and sedimentation controls shall be in place prior to the commencement of site

works and maintained throughout construction activities, until the site is landscaped

and/or suitably revegetated. These requirements shall be in accordance with Managing

Urban Stormwater – Soils and Construction (Blue Book) produced by the NSW

Department of Housing.





54. Stabilised Access Point

A stabilised all weather access point is to be provided prior to commencement of site

works, and maintained throughout construction activities until the site is stabilised. The

Stabilised access point is to be constructed in accordance with Managing Urban

Stormwater – Soils and Construction (Blue Book) produced by the NSW Department of

Housing.

55. Site Water Management Plan

A Site Water Management Plan is to be prepared. The plan shall be in accordance with

"Managing Urban Stormwater - Soils and Construction" (Blue Book) produced by the

NSW Department of Housing. The plan is to be kept on site at all times and made

available upon request.

DURING CONSTRUCTION

56. Hours of Work

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

Monday to Saturday - 7.00am to 5.00pm;

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

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

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

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

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

hours detailed above.

57. Standard of Works

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

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

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

Council.

58. Dust Control

The emission of dust must be controlled to minimise nuisance to the occupants of the

surrounding premises. In the absence of any alternative measures, the following

measures must be taken to control the emission of dust:

Dust screens must be erected around the perimeter of the site and be kept in good

repair for the duration of the construction work.

All dusty surfaces must be wet down and suppressed by means of a fine water

spray. Water used for dust suppression must not cause water pollution; and

All stockpiles of materials that are likely to generate dust must be kept damp of

covered.

59. Rock Breaking Noise

Upon receipt of a justified complaint in relation to noise pollution emanating from rock

breaking as part of the excavation and construction processes, rock breaking will be

restricted to between the hours of 9am to 3pm, Monday to Friday.

Details of noise mitigation measures and likely duration of the activity will also be

required to be submitted to Council’s Manager – Environment and Health within seven

(7) days of receiving notice from Council.





60. Construction Noise

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

Interim Construction Noise Guideline published by the Department of Environment and

Climate Change (July 2009).

61. Documentation On Site

A copy of the development consent and stamped plans together with the following

documents shall be kept during construction.

Arborist Report

Waste Management Plan

Erosion and Sedimentation Control Plan

Traffic Control Plan

62. Compliance with BASIX Certificate

Under clause 97A of the Environmental Planning and Assessment Regulation 2000, it is a

condition of this Development Consent that all commitments listed in BASIX Certificate

No. 530757M_02 be complied with. Any subsequent version of this BASIX Certificate will

supersede all previous versions of the certificate.

A Section 96 Application may be required should the subsequent version of this BASIX

Certificate necessitate design changes to the development. However, a Section 96

Application will be required for a BASIX Certificate with a new number.

63. Compliance with Critical Stage Inspections and Other Inspections

Nominated by the Principal Certifying Authority

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

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

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

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

Regulations.

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

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

required by the Principal Certifying Authority are not carried out.

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

inspections required is provided with the Construction Certificate approval.

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

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

accredited certifier.

64. European Sites or Relics

If, during the earthworks, any evidence of a European archaeological site or relic is

found, all works on the site are to cease and the Office of Environment and Heritage be

contacted immediately. All relics are to be retained in situ unless otherwise directed by

the Office of Environment and Heritage.

65. Aboriginal Archaeological Sites or Relics

If, during activities involving earthworks and soil disturbance, any evidence of an

Aboriginal archaeological site or relic is found, all works on the site are to cease and the

Office of Environment and Heritage must be notified immediately.





PRIOR TO ISSUE OF AN OCCUPATION AND/OR SUBDIVISION CERTIFICATE

66. Landscaping Prior to Issue of Occupation Certificate

The landscaping of the site shall be carried out prior to issue of the Final Occupation

Certificate (within each stage if applicable) in accordance with the approved plan. All

landscaping is to be maintained at all times in accordance with BHDCP Part D, Section 3

– Landscaping and the approved landscape plan.

67. Internal Pavement Construction

Prior to an Occupation Certificate being issued, a Certified Practicing Engineer (CPEng)

must submit a letter to Council confirming that the internal pavement has been

constructed in accordance to the approved plans, and is suitable for use by a loaded

heavy rigid waste collection vehicle.

68. Final Inspection of Waste Storage Areas

Prior to an Occupation Certificate being issued, a final inspection of the residential and

commercial bin rooms including any associated area must be arranged by the Principal

Certifying Authority and must be undertaken by Council. This is to ensure compliance

with Council’s design specifications. The time for the inspection must be arranged with

Council at least 48 hours prior to the Principal Certifying Authority’s suggested

appointment time.

69. Waste and Recycling Collection Contract

Prior to an Occupation Certificate being issued, the building owner or manager must

ensure that there is a contract with a licenced contractor for the removal of all

commercial waste generated on site. Written evidence of a valid and current collection

contract must be held on site at all times and produced in a legible form to any

authorised officer of the Council who asks to see it.

70. Agreement for Onsite Waste Collection

Prior to an Occupation Certificate being issued, an Indemnity Agreement is to be

obtained from Council, completed, signed and two original copies returned to Council for

approval. This is to enable the onsite collection of waste from the development by

Council and its contractor.

71. Interpretive Signage

A permanent interpretive sign shall be affixed to the front boundary wall (visible from

the public footpath reservation) along the Windsor Road frontage or in a location to be

agreed with Council’s Heritage Staff. As a minimum the sign shall consist of a 400 x 600

permanently affixed metal panel and shall provide a brief history of the cottage and

property, its ownership, and include a historical photograph. The content of the signage

is to be prepared with assistance from a conservation architect and the local historical

society. The draft signage and proposed location is to be submitted for the endorsement

of Council’s Heritage Staff prior to the issue of an occupation certificate.

72. Kellyville/ Rouse Hill Release Area – Regional Transport Infrastructure

Contribution

Before a Subdivision Certificate is issued, the applicant must submit to Council written

evidence from the NSW Roads and Maritime Services certifying that satisfactory

arrangements have been made with respect to a contribution towards regional transport

infrastructure.

73. Works as Executed Plans

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

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

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

Subdivisions/ Developments.





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

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

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

74. Performance/ Maintenance Security Bond

A performance/ maintenance bond of 5% of the total cost of the subdivision works is

required to be submitted to Council. The bond will be held for a minimum defect liability

period of one year and may be extended to allow for the completion of necessary

maintenance or in the case of outstanding/ bonded works. The minimum bond amount is

$5,000.00. The bond is refundable upon written application to Council and is subject to a

final inspection.

75. Confirmation of Pipe Locations

A letter from a registered surveyor must be provided with the WAE plans certifying that

all pipes and drainage structures are located within the proposed drainage easements.

76. Removal of Sediment and Erosion Control Measures

Where the sediment and erosion control measures are required to be retained post

construction to allow the site to establish, as directed by Council’s Construction Engineer,

a $5,000.00 bond must be submitted to ensure their eventual removal, along with any

collected debris.

77. Section 73 Compliance Certificate

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

obtained from Sydney Water confirming satisfactory arrangements have been made for

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

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

consent and all of the lots created.

Sydney Water’s guidelines provide for assumed concurrence for the strata subdivision of

a development approved by an earlier consent covered by a compliance certificate.

78. Provision of Electrical Services

Submission of a notification of arrangement certificate confirming satisfactory

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

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

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

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

79. Provision of Telecommunication Services

Submission of a telecommunications infrastructure provisioning confirmation certificate

issued by the relevant telecommunications provider authorised under the

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

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

infrastructure, confirming satisfactory arrangements have been made for the provision,

or relocation, of telecommunication services including telecommunications cables and

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

telecommunication services fronting the site and removal of all redundant poles and

cables, unless otherwise approved by Council in writing. The certificate must refer to this

development consent and all of the lots created.

80. Stormwater CCTV Recording

All piped stormwater drainage systems and ancillary structures which will become public

assets must be inspected by CCTV. A copy of the actual recording must be submitted

electronically for checking.

81. Public Asset Creation Summary

A public asset creation summary must be submitted with the WAE plans. A template is

available on Council’s website.





82. Adjoining Property Dilapidation Report Post Construction

Before a Subdivision Certificate is issued, an updated dilapidation report must be

prepared and submitted to Council. The updated report must identify any damage to

adjoining properties and the means of rectification for the approval of Council.

83. Completion of Engineering Works

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

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

84. Public Infrastructure Inventory Report - Post Construction

Before an Occupation Certificate is issued, an updated public infrastructure inventory

report must be prepared and submitted to Council. The updated report must identify any

damage to public assets and the means of rectification for the approval of Council.

85. Creation of Restrictions / Positive Covenants

Before an Occupation Certificate is issued the following restrictions/ positive covenants

must be registered on the title of the subject site via a request document, Section 88B

instrument associated with a plan or the like. Council’s standard recitals must be used.

i. Restriction – Restricted Access

The subject site must be burdened with a restriction precluding access to Windsor Road

using the “restricted access” terms included in the standard recitals.

ii. Restriction/ Positive Covenant – Water Sensitive Urban Design

The subject site must be burdened with a positive covenant that refers to the WSUD

elements referred to earlier in this consent using the “water sensitive urban design

elements” terms included in the standard recitals.

iii. Positive Covenant – Stormwater Pump

The subject site must be burdened with a restriction and a positive using the “basement

stormwater pump system” terms included in the standard recitals.

86. Water Sensitive Urban Design Certification

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

elements conditioned earlier in this consent. The following documentation must be

submitted in order to obtain an Occupation Certificate:

a) WAE drawings and any required engineering certifications;

b) Records of inspections;

c) An approved operations and maintenance plan; and

d) A certificate of structural adequacy from a suitably qualified structural engineer

verifying that any structural element of the WSUD system are structurally adequate

and capable of withstanding all loads likely to be imposed on them during their

lifetime.

Where Council is not the PCA a copy of the above documentation must be submitted to

Council.

87. Childcare Centre Food Premises Registration requirements

Occupation of the premises shall not occur until:

a) The food business is registered with Council by completing and submitting the

Registration of Food Business form available from Council’s website; and

b) Notification to the NSW Food Authority under Food Safety Standard 3.2.2 Division 2

Section 4 Notification is completed. This requirement is to be met by notifying via

website www.foodnotify.nsw.gov.au





Evidence of notification is to be submitted to Council prior to commencement of

business.

88. Childcare Centre Kitchen Final Inspection

Prior to the issuing of an Occupation Certificate, the food preparation area within the

Childcare Centre shall be inspected by an Authorised Officer of The Hills Shire Council

under the Food Act 2003, to determine compliance with the Food Act 2003, Food Safety

Standards and Australian Standard 4674:2004: Design Construction and Fit-out of Food

Premises.

89. Occupational Hygienist Report for Asbestos Removal

On completion of the asbestos removal works an Occupational Hygienist shall provide

documentation in the form of an asbestos clearance certificate.

90. Noise Management Plan

A noise management plan is required to be prepared and submitted to Council’s Manager

– Environment and Health prior to the issue of an Occupation Certificate. The noise

management plan shall address all activities likely to cause noise from the childcare

centre and proposed actions to be taken to alleviate any offensive noise.

91. Design Verification Certificate

Prior to the release of the Occupation Certificate design verification is required form a

qualified designer to confirm that the development has been constructed in accordance

with approved plans and details and has satisfied the design quality principles consistent

with that approval.

92. Final Plan and Section 88B Instrument

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

standard recitals must be used.

i. Dedication – Road Widening

The dedication of the proposed road widening comprising a 4 metre by 4 metre splay at

the north eastern corner of the site at no cost to Council.

THE USE OF THE SITE

93. Waste and Recycling Management

To ensure the adequate collection and storage of waste from the occupation and use of

the premises, all waste shall be stored in the designated waste areas to, which include

provision for the storage of all waste and recyclable material emanating from each

tenancy between collections. Waste generated by the gymnasium shall be stored in the

retail bin store. Arrangement must be in place in all areas of the premises for the

separation of recyclable material from general waste.

94. Waste and Recycling Collection Commercial

All commercial waste generated on site must be removed at regular intervals and not

less frequent than once per week for general waste and once per fortnight for recycling.

Waste collection associated with the site that involves the movement of vehicles, must

only occur between the hours of 7:00am and 8:00pm except for Sundays and public

holidays, where waste collection shall only occur between the hours of 8:00am and

8:00pm. Collection of waste and recyclables must not cause nuisance or interfere with

the amenity of the surrounding area.





Domestic

Engagement of a caretaker responsible for the movement of any bin provided to the

development to and from the residential bin room and the collection point, as

determined by Council, on the allocated day of collection. Bins placed to the public

kerbside for servicing are to be returned to the bin room within 2 hours of servicing,

unless otherwise determined by Council.

95. Lighting

Any lighting on the site shall be designed so as not to cause a nuisance to other

residences in the area or to motorists on nearby roads and to ensure no adverse impact

on the amenity of the surrounding area by light overspill. All lighting shall comply with

the Australian Standard AS 4282:1997 Control of Obtrusive Effects of Outdoor Lighting.

96. Final Acoustic Report

Within three months from the issue of an Occupation Certificate, an acoustical

compliance assessment is to be carried out by an appropriately qualified person, in

accordance with the NSW EPA's - Industrial Noise Policy and submitted to Council’s

Manager Environment and Health for consideration.

This report should include but not be limited to, details verifying that the noise control

measures as recommended in the acoustic report submitted with the application are

effective in attenuating noise to an acceptable noise level and that the activities does not

give rise to “offensive noise” as defined under the Protection of the Environment

Operation Act 1997.

97. Hours of operation of the loading dock

Delivery of goods shall be restricted to the following times;

Monday to Saturday – 7.00am to 8.00pm

Sunday and public holidays – 8.00am – 8.00pm

98. Offensive Noise - Acoustic Report

The proposed use of the premises and/or machinery equipment installed must not create

offensive noise so as to interfere with the amenity of the neighbouring properties.

Should an offensive noise complaint be received and verified by Council an acoustic

assessment is to be undertaken (by an appropriately qualified consultant), and an

acoustic report is to be submitted to Council’s Manager – Environment and Health for

review. Any noise attenuation recommendations approved by Council must be

implemented.

99. Number of Children in Outdoor Play Area

No more than 36 children (aged 3-5) are to use Outdoor Play Area 1 at any one time.

No more than 56 children to play at one time within Outdoor Play Area 2, split into the

following age groups:

26 children aged between 0-2 years old.

30 children aged between 2-3 years old.

100. Noise Signage

A sign shall be created at the entrance of the premises and maintained at all times,

stating the following:

Please consider our neighbours and minimise noise when dropping off and picking up

children; and

The contact number so that any complaint regarding the centre operation can be

made to the appropriate person.





101. Hours of Operation – Child Care Centre

The hours of operation being restricted to the following: -

6.00am to 7.00pm Monday to Friday

Any alteration to the above hours of operation will require the further approval of

Council.

102. Child Numbers – Child Care Centre

The maximum number of children at the centre at any one time shall be limited to

ninety-two (92). The maximum number of children within each age category is limited to

the following:

• 0 - 2 years- 26 children;

• 2 - 3 years- 30 children; and

• 3 – 5 years- 36 children;

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

matter

VOTING FOR THE MOTION

Clr A C Jefferies

Clr Dr M R Byrne Adjunct Professor

Clr A N Haselden

Clr Y D Keane

Clr Dr J N Lowe

Clr R A Preston

Clr M O Taylor

Clr M G Thomas

VOTING AGAINST THE MOTION

Clr P J Gangemi

Clr R K Harty OAM

Clr A J Hay OAM

Clr R M Tracey

ITEM-3 COUNCIL SUBMISSION - EXHIBITION OF

MODIFICATION REQUEST FOR SENIORS HOUSING

DEVELOPMENT - NOS. 34 - 36 MEMORIAL AVENUE,

KELLYVILLE

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

TAYLOR THAT the Recommendation contained in the report be adopted.


85 RESOLUTION

A submission be forwarded to the Department of Planning and Environment detailing the

following:-





1. The development as modified is recognised as a valuable community asset providing

housing for seniors as well as associated services.

2. The proposed bulk, scale and design is consistent with the envisaged character of the

zone.

3. The depth of car parking spaces should be defined on the plans to demonstrate

compliance with the provisions of Australian Standards 2890.1.

4. Consideration should be given to requesting a Model for Urban Stormwater

Improvement Conceptualisation (MUSIC) model to demonstrate the effectiveness of

what is proposed with respect to the pollutant loads generated by the development.


matter


Clr A C Jefferies


Clr P J Gangemi

Clr R K Harty OAM

Clr A J Hay OAM

Clr A N Haselden

Clr Dr J N Lowe

Clr M O Taylor

Clr R M Tracey

VOTING AGAINST THE MOTION

Clr Y D Keane

Clr R A Preston

Clr M G Thomas

At 8.41pm Councillor Gangemi declared a Special Disclosure of Pecuniary Interest and

left the room and returned at 8.53pm for Call of the Agenda.

ITEM-4 AMENDMENTS TO CONTRIBUTIONS PLAN NO. 15 -

BOX HILL PRECINCT (FP216)

A MOTION WAS MOVED BY COUNCILLOR PRESTON AND SECONDED BY COUNCILLOR

TAYLOR THAT the Recommendation contained in the report be adopted.

86 RESOLUTION

1. Amendments to Contributions Plan No.15 – Box Hill Precinct provided in Attachment

2 to this report be exhibited in accordance with the requirements of the

Environmental Planning and Assessment Regulation 2000.

2. Following public exhibition, amendments to Contributions Plan No.15 – Box Hill

Precinct provided in Attachment 2, further amended where appropriate in response to

submissions received during the public exhibition period, be forwarded to the

Independent Pricing and Regulatory Tribunal for endorsement.






matter


Clr A C Jefferies


Clr R K Harty OAM

Clr A N Haselden

Clr Y D Keane

Clr Dr J N Lowe

Clr R A Preston

Clr M O Taylor

Clr M G Thomas

Clr R M Tracey

ABSTAINED

Clr A J Hay OAM

ABSENT FROM THE ROOM

Clr P J Gangemi

8.54pm Councillor Keane left the meeting and returned at 8.57pm during Call of the

Agenda

CALL OF THE AGENDA

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

BYRNE THAT Items 5, 7, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 and 20 be moved by

exception and the recommendations contained in the reports be adopted.


87 RESOLUTION

Items 5, 7, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 and 20 be moved by exception and

the recommendations contained in the reports be adopted.

ITEM-5 DEED OF AGREEMENT FOR TOWN CENTRE BYPASS

ROAD - 70 HEZLETT ROAD, KELLYVILLE (FP187)

88 RESOLUTION

Council enter into the Deed of Agreement as per Attachment 1.





ITEM-7 PARTIAL RELEASE OF EASEMENT TO DRAIN WATER

- LOTS 112 AND 113 DP 1168691, 41 LAUGHTON

CRESCENT AND LOT 113 FAIRWAY DRIVE,

KELLYVILLE

89 RESOLUTION

Council consent to the release of the easement to drain water 1.5m wide from the title of

Lots 112 and 113 DP 1168691, but only with respect to the benefit granted to Lot 1002

DP 1199069 by this easement, and the request document relating to this partial release

be authorised for execution under Council seal.

ITEM-9 BUDGET REVIEW AS AT 31 JANUARY 2015

90 RESOLUTION

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

detailed in page 7-20 be adopted.

ITEM-10 HILLS SHIRE PLAN 2014/15 - REVIEW 2

91 RESOLUTION

The Operations Program Review 2 Report for the quarter ended 31 December 2014 be

received.

ITEM-11 TENDER T15/13 - STORMWATER NETWORK ASSET

*UPGRADE - DETAILED CONCEPT DESIGN,

CARLINGFORD

92 RESOLUTION

Council award Tender 15/13 – Stormwater Network Asset Upgrade - Detailed Concept

Design, Carlingford, to GHD Pty Ltd for an overall cost, including the tender amount,

provisional items and contingency of $129,322 (excluding GST).

ITEM-12 TENDER T15/14 LOWER PORTLAND FERRY RAMP -

DETAILED DESIGN

93 RESOLUTION

Council award Tender 15/14 Lower Portland Ferry Ramp – Detailed Design, to Haskoning

Australia Pty Ltd for an overall cost, including the tendered amount plus contingency, of

$66,620 (excluding GST).





ITEM-13 AMENDMENTS TO LEASE OF GROUND FLOOR,

BUILDING C, 3 COLUMBIA COURT, BAULKHAM

HILLS

94 RESOLUTION

Council agree to the leasing of the vacant ground floor of Building C, Lot 1016, DP

1063033, 3 Columbia Court, Baulkham Hills, to Richardson Realty @ Baulkham Hills Pty

Ltd and Cubbyhouse Childcare Australia Pty Limited on the terms and conditions detailed

in this report with Leases authorised for execution under seal.

ITEM-14 COMPULSORY ACQUISITION OF A LEASE OVER

LISLE COURT RESERVE, 12Z LISLE COURT, WEST

PENNANT HILLS

95 RESOLUTION

No objections be raised to the Roads & Maritime Services compulsory acquisition of a

construction lease over Lot 15 DP 841778, Lisle Court Reserve, West Pennant Hills under

the terms outlined in this report subject to payment of the agreed compensation

inclusive of disturbance costs with a Lease, Agreement to Lease, Claim Form and Deed of

Release & Indemnity authorised for execution under seal.

ITEM-15 EASEMENTS FOR ELECTRICITY SUPPLY WITHIN 3

COLUMBIA COURT, BAULKHAM HILLS

96 RESOLUTION

Council agree to the creation of a 2.75m wide easement for a pad mount substation &

1.5m wide easement for underground cables within Lot 1016 DP 1063033, 3 Columbia

Court, Baulkham Hills subject to payment of compensation and disturbance costs with

Plans, Section 88B instruments, Deeds and Transfers Granting Easements authorised for

execution under Seal.

ITEM-16 STATUS REPORT - LEGAL MATTERS

97 RESOLUTION

Status of legal matters before all Courts be noted.

ITEM-17 STATUS REPORTS - DEVELOPMENT APPLICATIONS

AWAITING DETERMINATION FEBRUARY 2015

98 RESOLUTION

The report be received.





ITEM-18 APPRECIATION LETTERS - NOVEMBER, DECEMBER

2014 AND JANUARY 2015

99 RESOLUTION


ITEM-19 OUTSTANDING RESOLUTIONS OF COUNCIL -

DECEMBER 2014

100 RESOLUTION


ITEM-20 QUESTIONS AND ANSWERS - COUNCIL MEETINGS

11 AND 25 NOVEMBER AND 9 DECEMBER 2014

101 RESOLUTION


ITEM-6 POST EXHIBITION - KNOCK DOWN AND RE-BUILD

LANDSCAPE CONTRIBUTION SCHEME

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

BYRNE ADJUNCT PROFESSOR THAT the Recommendation contained in the report be

adopted.


102 RESOLUTION

The Draft Knock Down and Re-Build Landscape Contribution Scheme be adopted and be

reviewed in November 2015 and, subject to a satisfactory review, conclude on 30 June

2017.

ITEM-8 CONDUCT OF COUNCIL ELECTION 2016

103 RESOLUTION

1. Pursuant to s.296(2) and (3) of the NSW Local Government Act 1993, an election

arrangement be entered into by contract for the Electoral Commissioner to

administer all elections of The Hills Shire Council.

2. Pursuant to s.296(2) and (3) of the NSW Local Government Act 1993, as applied and

modified by s.18 that a Council Poll arrangement be entered into by contract for the

Electoral Commissioner to administer all Council polls of The Hills Shire Council and

3. Pursuant to s.296(2) and (3) of the NSW Local Government Act 1993, as applied and

modified by s.18 that a constitutional referendum arrangement be entered into by





contract for the Electoral Commissioner to administer all constitutional referenda of

The Hills Shire Council.

4. The NSW Electoral Commissioner be requested to meet with the General Manager to

review the number and type of Polling Places anticipated to be used at the 2016

election and clarify the protocols concerning candidate promotional material, its

nature and location.

5. The placement or fixing of campaign or candidate advertising material on, or to, any

council owned asset be prohibited, except where at pre-poll places and at polling

places on the day of the election. The General Manager have delegated authority to

remove any offending material.

9.19pm Councillor Thomas left the meeting and returned at 9.21pm during Questions

Without Notice

QUESTIONS WITHOUT NOTICE

104 “GRACEWOOD COMMUNITY” ACCESS ROADWAY – 34 MEMORIAL AVENUE,

KELLYVILLE

Councillor Tracey advised that a resident of Gracewood Community has advised him of

their frustration in regards to access to and from Memorial Avenue. They are unable to

turn right or left onto Memorial Avenue. Some residents mostly elderly have to do U-

Turns in a Cul-da-sac. Could Council officers please investigate?

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

105 STREET LIGHTING - BUDGET REVIEW AS AT 31 JANUARY 2015

Councillor Thomas commented on Item 7 – Street Lighting, page 399 of the Business

Paper where Abolishment of Carbon Tax on 17 July 2014 has also attributed to a

decrease of $341,000 in our lighting bill and would like to highlight the material impact

that removing the carbon tax has had on our Council’s finances.

106 REMOVED JOBS – TRANSFER TO CAPITAL WORKS RESERVE - BUDGET REVIEW

AS AT 31 JANUARY 2015

Councillor Thomas commented on Item 18 – Removed jobs – Transfer to Capital Works

Reserve a) page 402 of the Business Paper which states $22,700 Ted Horwood Reserve

Community Nursery project delayed due to a determination by the Department of Lands

of an aboriginal land claim for Ted Horwood Reserve. Councillor Thomas would like to

remind everyone that when this legislation was going through the Federal Government,

Council was told and comforted with the statement from our Prime Minister that there

would be no claims in the city. We are in the city and we are getting these claims.

The General Manager advised when Council moved out of the old Council complex in

Showground, it was proposed that one of the satellite depots would be built at Ted

Horwood Reserve. When Council approached the Department of Lands regarding this

proposal due to it being on Crown Reserve, the Department indicated that the project

could not go ahead because of an Aboriginal Land Claim. Council has put in a very

lengthy submission which substantiates that Council has had continued use of this

reserve for a considerable period of time and even though it might take a few more

months, Council is hoping to extinguish that claim.





107 VALUE TO PUBLIC LAND UNDER THE MANAGEMENT OF COUNCIL (AS AN ASSET)

Councillor Dr Lowe advised that when a third party builds on or adds value to public land

that is under the management of Council (as an asset) there remains the potential for

“ownership issues” of the mentioned added value/building perceived or otherwise and in

order to fix this grey area, Councillor Dr Lowe asked if Council Officers would bring a

report back to a Councillor Workshop with some appraisals, options and consideration of

ideas with the objective of formulating a policy. Councillor Dr Lowe advised that he

would like to see an assessment of the ideas and intention of the policy to correct the

current situation together with effectiveness, management and ongoing policy

improvement examinations.


108 TRAFFIC STUDIES – CECIL AVENUE, CASTLE HILL

Councillor Dr Lowe asked if Council can undertake traffic studies along the southern side

of this road (Old Northern Road lights intersection) proceeding south until Cecil Avenue

joins Showground. There has been alarming increase of cars travelling at higher than

safe speeds on this road.

109 THE HILLS MEN’S SHED – NEWS FEBRUARY 2015

Councillor Dr Lowe advised that he was invited by Doug Burns (Secretary) to visit The

Hills Men’s Shed. Councillor Dr Lowe met the President Mr Peter Theaker and other

members and would like to congratulate the volunteers there for the great work they do

in and for the community. They have requested me to pass on their thanks to Council

staff that have been working on their facility in Eric Mobbs Reserve. The volunteers are

looking to expand and have been awarded a State Government Grant. Could Council

examine their proposal and see if we are able to assist further.


110 MAJOR/MINOR PAIRS COMPETITION – CASTLE HILL BOWLING CLUB

Councillor Dr Lowe congratulated David Organ and David Dodge (both Central Ward

residents) on winning the Major/Minors pair’s competition beating former Councillor Roy

Potter and Peter Squire at the Castle Hill Bowling Club.

111 FLAGS AT THE ENTRANCE OF COUNCIL

Councillor Dr Lowe asked if the four (4) flags at the entrance of the Council could be

replaced as they appear to be tatty and worn.


112 GUIDELINES FOR WIDTHS OF ROADS IN DEVELOPMENT CONTROL PLANS

Councillor Preston thanked Council’s Officer, Mr Andrew King who has put together a

response to questions she has asked in relation to roads and the widths of roads in

Development Control Plans.





113 STORY IN THIS WEEK’S PAPER – THE COURIER ON CRACKDOWN ON KERB

PARKING

Councillor Preston asked the General Manager if she could be provided with some

guidance on Kerb Parking. Councillor Preston advised that she has been inundated with

emails from very confused residents as to where they stand with this.


114 UPDATE OF SAMANTHA RILEY DRIVE AND HEZLETT ROAD INTERSECTION,

KELLYVILLE

Councillor Taylor asked if he could have an update as to the progress of the intersection

and if there is a possibility of a temporary arrangement whilst awaiting outcomes.

Councillor Taylor also asked if Council could investigate the right-hand turn out of Hezlett

Road in peak hour as he has had a lot of complaints particularly from parents of the

preschool children.

The General Manager advised he would take the questions on notice.

115 TREE PRUNING

Councillor Keane asked if Council can please embark on media around the rules for

pruning trees that overhang in your yard but are planted on the neighbour’s property.


116 RUBBISH REMOVAL - 4 BANKS ROAD, CASTLE HILL

Councillor Keane asked if the General Manager could pass on her thanks to Council’s

Place Management team and Steve Kenna in particular for clearing the rubbish at 4

Banks Road, Castle Hill.

117 SAMANTHA RILEY DRIVE T-WAY

Councillor Gangemi on behalf of Julia Wakeling, Beaumont Hills asked if the relevant

Council Officer/Manager would meet with her in regards to Samantha Riley Drive T-Way

bus stop. Julia would like to know if permanent lighting and/or CCTV’s are going to be

installed given the works and recent events. Julia would also like to know if there are

plans for further parking as the newly opened lot is not sufficient.

The General Manager advised he would take the questions on notice.

118 TABLED LETTER – TREES BACKING ONTO MERYLL AVENUE RESERVE, BAULKHAM

HILLS

Councillor Dr Byrne tabled a letter from T Robson in regards to this issue.

119 HILLS SHIRE PLAN 2014/15 – REVIEW 2

Councillor Haselden asked if the significant improvement in utilization of major plant

(page 445 of the Business Paper) has arisen from the changes in place management

implemented during this term of Council.

The General Manager advised that it was a combination of changes to Place Management

but also due to the fact that he has reduced some of the plant and implemented more

accurate recording of the time the plant is used.





Councillor Haselden also asked notwithstanding our well defined footpath program and

given the importance of Coonara Avenue, West Pennant Hills, the pending completion for

Cherrybrook Station and the growing patronage of the shopping centre, can

consideration be given to constructing a footpath for the full length of this connector

road?


CLOSED COUNCIL

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

HASELDEN THAT

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

of Items 21, 22, 23 and 24 pursuant to the relevant Clauses of Section 10A, Clause 2

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

2. Council withhold access to Items 21, 22, 23 and 24 in accordance with the following

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

TABLE OF CONFIDENTIAL MATTERS

ITEM NO.: 21

SUBJECT: PURCHASE OF LAND FOR ROAD WIDENING AT 133-149

SAMANTHA RILEY DRIVE, KELLYVILLE

Associated Report: N/A

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

commercial advantage on a person with whom the

council is conducting (or proposes to conduct) business.

Section: 10A(2)(c)

Public Interest On balance, the public interest in preserving the

confidentiality about the financial negotiations and

valuation details, contained within the report outweighs

the public interest in maintaining openness and

transparency in Council decision-making because the

disclosure of this information would put the Council at a

competitive disadvantage preventing it from achieving a

“best value for money” outcome for the wider

community.

ITEM NO.: 22

SUBJECT: PURCHASE OF PART 33-35 HEZLETT ROAD, KELLYVILLE FOR

ROAD WIDENING




Council is conducting (or proposes to conduct) business.

Section: 10A(2)(c)









community.





ITEM NO.: 23

SUBJECT: CLOSURE & SALE OF PART ROSS PLACE, KELLYVILLE





Section: 10A(2)(c)


confidentiality about the financial and other details

mentioned in the report outweighs the public interest in

maintaining openness and transparency in Council

decision making because the disclosure of this

information would put the Council at a competitive

disadvantage in its negotiations with prospective

purchasers, preventing it from achieving a ‘best value

for money” outcome for the wider community.

ITEM NO.: 24

SUBJECT: PURCHASE OF NO 3 HILL ROAD, WEST PENNANT HILLS





Section: 10A(2)(c)









community.

THE MOTION WAS PUT AND CARRIED

120 RESOLUTION

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

of Items 21, 22, 23 and 24 pursuant to the relevant Clauses of Section 10A, Clause 2

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

2. Council withhold access to Items 21, 22, 23 and 24 in accordance with the above

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

9.23pm Council entered into Closed Session.





ITEM-21 PURCHASE OF LAND FOR ROAD WIDENING AT 133-

149 SAMANTHA RILEY DRIVE, KELLYVILLE

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

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


121 RESOLUTION

1. Council agree to purchase Lots 30 & 31 in a plan of acquisition of Lot 22 DP 1071637,

133-149 Samantha Riley Drive, Kellyville being land designated SP2 Road Widening

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

execution under seal.

2. Council classify Lots 30 & 31 in a plan of acquisition of Lot 22 DP 1071637 as

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

3. Upon acquisition, Lots 30 & 31 in a plan of acquisition of Lot 22 DP 1071637 be

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

ITEM-22 PURCHASE OF PART 33-35 HEZLETT ROAD,

KELLYVILLE FOR ROAD WIDENING




122 RESOLUTION

1. Council agree to purchase Lot 2004 in a subdivision of Lot 24 DP 2123, 33-35 Hezlett

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

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

2. Council classify Lot 2004 in a subdivision of Lot 24 DP 2123 as “Operational Land”

upon acquisition to allow dedication as public road.

3. Upon acquisition, Lot 2004 in a subdivision of Lot 24 DP 2123 be dedicated as Public

Road pursuant to Section 10 of the Roads Act 1993.

ITEM-23 CLOSURE & SALE OF PART ROSS PLACE, KELLYVILLE








123 RESOLUTION

Council approve the road closure as detailed in this report with the Plan of Road Closure,

Contract, Deed, Transfer, Request Documents, Transfer Granting Easement, Section 88B

Instrument and Crown Lands Road Closure Application be authorised for execution under

seal.

ITEM-24 PURCHASE OF NO 3 HILL ROAD, WEST PENNANT

HILLS




124 RESOLUTION

Council agree to purchase Lot 4 DP 16095, 3 Hill Road, West Pennant Hills being land

designated part E4 Environmental Conservation for the price detailed in this report with

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

OPEN COUNCIL

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

LOWE THAT the meeting resume in Open Council.


125 RESOLUTION

The meeting resume in Open Council

At 10.00pm members of the gallery were invited back into the Council Chambers and the

Mayor advised that during Closed Council four (4) resolutions were passed. The General

Manager read out the resolutions for Items 21, 22, 23 and 24.

The Minutes of the above Meeting were confirmed at the Extraordinary Meeting of the

Council held on 3 March 2015.

MAYOR GENERAL MANAGER