Ordinary Meeting of Council 09 March, 2021

TO S TRIVE FO R BETTER THINGS Tuesday, 9 March 2021 ORDINARY MEETING ORDINARY OF COUNCIL

ORDINARY MEETING OF COUNCIL 09 MARCH, 2021

ITEM SUBJECT PAGE

ITEM-1 CONFIRMATION OF MINUTES

THE FOLLOWING ITEMS 2 AND 3 ARE DEFINED AS PLANNING MATTERS PURSUANT TO THE LOCAL GOVERNMENT & PLANNING LEGISLATION AMENDMENT (POLITICAL DONATIONS) ACT 2008

ITEM-2 POST EXHIBITION - DRAFT CONTRIBUTIONS PLAN 16 NO 18 - BELLA VISTA AND KELLYVILLE PRECINCTS (FP215 AND FP262)

ITEM-3 DRAFT DEVELOPMENT CONTROL PLAN 73 AMENDMENTS - CONSTRUCTION AND DEDICATION OF LOCAL ROADS (FP171)

ITEM-4 LEASE TO THE HILLS DISTRICT TENNIS 202 ASSOCIATION INC.

ITEM-5 REGIONAL ILLEGAL DUMPING SQUAD 205

ITEM-6 DEED OF AGREEMENT WITH DEERUBBIN LOCAL 261 ABORIGINAL LAND COUNCIL FOR SACKVILLE NORTH CEMETERY

MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 23 February 2021

ITEM SUBJECT PAGE

ITEM-1 CONFIRMATION OF MINUTES 4

ITEM-2 LOCAL ENVIRONMENTAL PLANS AMENDMENT 4 (SECONDARY DWELLINGS) ORDER 2020

ITEM-3 FURTHER REPORT RECLASSIFICATION AND SALE 5 OF BOX HILL COMMUNITY CENTRE, 15Z NELSON ROAD, BOX HILL (10/2019/PLP)

ITEM-4 STRATEGIC OPEN SPACE - PARKS FOR PEOPLE 6 PROGRAM – CADDIES CREEK SPORTS COMPLEX STAGE 2

ITEM-5 HILLS SHIRE PLAN 2020/21 - REVIEW 2 9

ITEM-6 BUDGET REVIEW AS AT 31 JANUARY 2021 7

ITEM-7 LTC RECOMMENDATION JANUARY 2021 - FAIRWAY 9 DRIVE & SPURWAY DRIVE, NORWEST - PROPOSED PEDESTRIAN REFUGE ISLANDS

ITEM-8 LTC RECOMMENDATION JANUARY 2021 - TRAFFIC 7 MANAGEMENT PLAN - BELLA VISTA FARM PARK - SUMMERSALT EVENT

ITEM-9 LTC RECOMMENDATION JANUARY 2021 - BARRY 9 ROAD, NORTH KELLYVILLE- PROPOSED PEDESTRIAN REFUGE ISLAND

ITEM-10 LTC RECOMMENDATION JANUARY 2021 - RIVER 10 ROAD AT WEBBS CREEK FERRY - REQUEST FOR STOP CONTROL

ITEM-11 LTC RECOMMENDATION JANUARY 2021 - WHITLING 10 AVENUE, CASTLE HILL – PROVISION OF LINEMARKING

ITEM-12 LTC RECOMMENDATION JANUARY 2021 - OXLADE 7 STREET, NORTH KELLYVILLE – PROVISION OF DOUBLE CENTRELINE LINEMARKING

This is Page 1 of the Minutes of the Ordinary Meeting of The Hills Shire Council held on 23 February 2021

MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 23 February 2021

ITEM-13 LTC RECOMMENDATION JANUARY 2021 - FINGAL 7 AVENUE, GLENHAVEN AT HIGHETT PLACE - PROPOSED GIVE WAY SIGNS AND LINEMARKING

ITEM-14 LTC RECOMMENDATION JANUARY 2021 - MUNGERIE 8 ROAD, BEAUMONT HILLS - PROPOSED ACCESS IMPROVEMENT

ITEM-15 LTC RECOMMENDATION JANUARY 2021 - WILKINS 8 AVENUE, BEAUMONT HILLS AT DAMPER AVENUE - PROPOSED GIVE WAY SIGNS

ITEM-16 LTC RECOMMENDATION JANUARY 2021 - STANLEY 8 AVENUE AND KAMAROOKA AVENUE, WEST PENNANT HILLS – PROVISION OF LINEMARKING

ITEM-17 LICENCE BETWEEN THE HILLS MENS SHED 11 INCORPORATED AND THE HILLS SHIRE COUNCIL

ITEM-18 PROPOSED LAND ACQUISITION – PART LOTS 190 & 8 191 DP 10275, 35-37 & 39-41 BOUNDARY ROAD, BOX HILL

ITEM-19 INFORMATION AND STATUS REPORTS 11

QUESTIONS WITHOUT NOTICE 11

This is Page 2 of the Minutes of the Ordinary Meeting of The Hills Shire Council held on 23 February 2021

MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 23 February 2021

33 PRESENT

Mayor Dr M R Byrne (In the Chair) Clr S P Uno (Deputy Mayor) Clr R Jethi Clr R A Preston Clr Dr P J Gangemi Clr B L Collins OAM Clr A N Haselden Clr J Jackson Clr M G Thomas Clr E M Russo Clr F P De Masi Clr A J Hay OAM

34 APOLOGIES

Clr R M Tracey

35 TIME OF COMMENCEMENT

7.10pm

36 TIME OF COMPLETION

9.37pm

37 DECLARATIONS OF INTEREST

Nil.

38 ARRIVALS AND DEPARTURES

7.17pm Councillor De Masi arrived at the meeting during Item 2. 7.37pm Councillor Thomas left the meeting and returned at 7.41pm during Item 2. 8.21pm Councillor Russo left the meeting and returned at 8.23pm during Item 9. 9.00pm Councillor Dr Gangemi left the meeting and returned at 9.02pm during Item 17.

39 DISSENT FROM COUNCIL'S DECISIONS

Nil.

40 ADJOURNMENT & RESUMPTION

Nil.

This is Page 3 of the Minutes of the Ordinary Meeting of The Hills Shire Council held on 23 February 2021

MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 23 February 2021

ITEM-1 CONFIRMATION OF MINUTES

A MOTION WAS MOVED BY COUNCILLOR COLLINS OAM AND SECONDED BY COUNCILLOR UNO THAT the Minutes of the Ordinary Meeting of Council held on 9 February 2021 be confirmed.

THE MOTION WAS PUT AND CARRIED.

41 RESOLUTION

The Minutes of the Ordinary Meeting of Council held on 9 February 2021 be confirmed.

APOLOGIES

A MOTION WAS MOVED BY COUNCILLOR HAY OAM AND SECONDED BY COUNCILLOR RUSSO THAT the apology from Councillor Tracey be accepted and leave of absence granted.

THE MOTION WAS PUT AND CARRIED.

42 RESOLUTION

The apology from Councillor Tracey be accepted and leave of absence granted.

COMMUNITY FORUM

There were no addresses to Council during Community Forum.

7.17pm Councillor De Masi arrived at the meeting during Item 2. 7.37pm Councillor Thomas left the meeting and returned at 7.41pm during Item 2.

ITEM-2 LOCAL ENVIRONMENTAL PLANS AMENDMENT (SECONDARY DWELLINGS) ORDER 2020

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

1. Council prepare a planning proposal to amend The Hills Local Environmental Plan to include the new Clause 5.5 and specify maximum size criteria for secondary dwellings in rural zones to give effect to a maximum of 110m2 or 20% of the total floor area of the principal dwelling, whichever is the greater.

2. The planning proposal be reported to the Local Planning Panel for advice, in accordance with Section 2.19 of the Environmental Planning and Assessment Act 1979.

3. Following receipt of the Local Planning Panel’s advice and subject to this advice not requiring any revisions to the planning proposal as detailed within this report, the planning proposal be forwarded to the Department of Planning, Industry and Environment for a Gateway Determination.

THE MOTION WAS PUT AND CARRIED UNANIMOUSLY.

This is Page 4 of the Minutes of the Ordinary Meeting of The Hills Shire Council held on 23 February 2021

MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 23 February 2021

43 RESOLUTION

2. The planning proposal be reported to the Local Planning Panel for advice, in accordance with Section 2.19 of the Environmental Planning and Assessment Act 1979.

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

VOTING FOR THE MOTION Mayor Dr M R Byrne Clr S P Uno Clr R Jethi Clr R A Preston Clr Dr P J Gangemi Clr B L Collins OAM Clr A N Haselden Clr J Jackson Clr M G Thomas Clr E M Russo Clr F P De Masi Clr A J Hay OAM

VOTING AGAINST THE MOTION None

MEETING ABSENT Clr R M Tracey

ITEM-3 FURTHER REPORT RECLASSIFICATION AND SALE OF BOX HILL COMMUNITY CENTRE, 15Z NELSON ROAD, BOX HILL (10/2019/PLP)

A MOTION WAS MOVED BY COUNCILLOR DR GANGEMI AND SECONDED BY COUNCILLOR PRESTON THAT the Recommendation contained in the report be adopted.

THE MOTION WAS PUT AND CARRIED UNANIMOUSLY

44 RESOLUTION

1. The report be received.

2. The draft Landscape Masterplan (Attachment 1) be placed on public exhibition.

This is Page 5 of the Minutes of the Ordinary Meeting of The Hills Shire Council held on 23 February 2021

MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 23 February 2021

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

VOTING AGAINST THE MOTION None

MEETING ABSENT Clr R M Tracey

CALL OF THE AGENDA

A MOTION WAS MOVED BY COUNCILLOR DE MASI AND SECONDED BY COUNCILLOR RUSSO THAT items 4, 6, 8, 12, 13,14,15,16 and 18 be moved by exception and the recommendations contained therein be adopted.

THE MOTION WAS PUT AND CARRIED.

45 RESOLUTION

Items 4, 6, 8, 12, 13,14,15,16 and 18 be moved by exception and the recommendations contained therein be adopted.

ITEM-4 STRATEGIC OPEN SPACE - PARKS FOR PEOPLE PROGRAM CADDIES CREEK SPORTS COMPLEX STAGE 2

46 RESOLUTION

1. Council agree to the land transfer of Lot 2149 DP 1249378 from Planning Ministerial Corporation ABN 36 691 806 169 subject to the terms detailed in this report with the Land Transfer Agreement authorised for execution under Seal.

2. Upon transfer to Council of Lot 2149 DP 1249378, the land be classified as “Community” land pursuant to Section 25 of the Local Government Act, 1993.

This is Page 6 of the Minutes of the Ordinary Meeting of The Hills Shire Council held on 23 February 2021

MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 23 February 2021

ITEM-6 BUDGET REVIEW AS AT 31 JANUARY 2021

47 RESOLUTION

The proposed budget variations in Attachment 1, Pages 5 to 11 and the variations detailed in page 13-32 be adopted.

ITEM-8 LTC RECOMMENDATION JANUARY 2021 - TRAFFIC MANAGEMENT PLAN - BELLA VISTA FARM PARK - SUMMERSALT EVENT

48 RESOLUTION

1. The SummerSalt event to be held on Sunday 28 March, 2021 at Bella Vista Farm Park be classified as a Class 2 event in accordance with the RMS “Guide to Traffic and Transport Management for Special Events”.

2. Council endorse the Special Event Traffic Management Plan for this event as submitted by the Hills Shire Council’s Events team.

3. The signed Special Event Traffic Management Plan be forwarded to Transport for NSW and Police for their concurrence to hold the event.

4. Council raise no objection to the event being postposed to an alternate date in order to comply with the applicable Public Health (Covid 19 Restrictions on Gathering and Movement) Order subject to an amended signed Traffic Management Plan being forwarded to Transport for NSW and Police for their concurrence to hold the event.

5. The event organisers provide confirmation to Council’s Events Team that the number of attendees complies with the applicable Public Health (Covid 19 Restrictions on Gathering and Movement) Order.

ITEM-12 LTC RECOMMENDATION JANUARY 2021 - OXLADE STREET, NORTH KELLYVILLE PROVISION OF DOUBLE CENTRELINE LINEMARKING

49 RESOLUTION

Council approve the provision of double centreline BB linemarking in Oxlade Street, North Kellyville at the bend outside Nos. 25 as detailed in Attachment 2 to the report.

ITEM-13 LTC RECOMMENDATION JANUARY 2021 - FINGAL AVENUE, GLENHAVEN AT HIGHETT PLACE - PROPOSED GIVE WAY SIGNS AND LINEMARKING

50 RESOLUTION

The installation of a ‘Give Way’ control with associated linemarking at the intersection of Fingal Avenue, Glenhaven at the intersection of Highett Place be approved in accordance with Attachment 1 to the report.

This is Page 7 of the Minutes of the Ordinary Meeting of The Hills Shire Council held on 23 February 2021

MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 23 February 2021

ITEM-14 LTC RECOMMENDATION JANUARY 2021 - MUNGERIE ROAD, BEAUMONT HILLS - PROPOSED ACCESS IMPROVEMENT

51 RESOLUTION

Council approve the proposed improvement works outside No. 20-36 Mungerie Road, Beaumont Hills in accordance with Attachment 1 to the report subject to an ‘All Traffic’ (Left) symbolic arrow sign (R2-14 l) being installed within the central median island facing the exit driveway from the school.

ITEM-15 LTC RECOMMENDATION JANUARY 2021 - WILKINS AVENUE, BEAUMONT HILLS AT DAMPER AVENUE - PROPOSED GIVE WAY SIGNS

52 RESOLUTION

The installation of a ‘Give Way’ control with associated linemarking at the intersection of Wilkins Avenue and Damper Avenue, Beaumont Hills be approved in accordance with Attachment 1 to the report.

ITEM-16 LTC RECOMMENDATION JANUARY 2021 - STANLEY AVENUE AND KAMAROOKA AVENUE, WEST PENNANT HILLS PROVISION OF LINEMARKING

53 RESOLUTION

Council approve the installation of double centreline BB linemarking at the bends outside No.10 Stanley Avenue and No.5 Kamarooka Avenue, West Pennant Hills as detailed in Attachment 1 to the report.

ITEM-18 PROPOSED LAND ACQUISITION PART LOTS 190 & 191 DP 10275, 35-37 & 39-41 BOUNDARY ROAD, BOX HILL

54 RESOLUTION

1. Council agree to the purchase of part Lot 190 DP 10275 & part Lot 191 DP 10275 being part 35-37 & part 39-41 Boundary Road, Box Hill for the market value amount of $5,050,000 excl. GST and disturbance costs as outlined in this report with a Contract of Sale and any required Deeds, plans, instruments, transfers and any other associated documents required, be authorised for execution under seal. 2. Upon acquisition, Council classify part Lot 190 DP 10275 and Lot 191 DP 10275 as “Operational” Land pursuant to Section 25 of the Local Government Act 1993.

3. Council authorise the General Manager to enter into agreements by way of Deed or Licence for access, construction, maintenance and decommissioning of the stormwater system by the future landowner.

This is Page 8 of the Minutes of the Ordinary Meeting of The Hills Shire Council held on 23 February 2021

MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 23 February 2021

ITEM-5 HILLS SHIRE PLAN 2020/21 - REVIEW 2

A MOTION WAS MOVED BY COUNCILLOR UNO AND SECONDED BY COUNCILLOR HASELDEN THAT the Recommendation contained in the report be adopted.

THE MOTION WAS PUT AND CARRIED.

55 RESOLUTION

The Operations Program Review 2 Report for the quarter ended 31 December 2020 be received.

ITEM-7 LTC RECOMMENDATION JANUARY 2021 - FAIRWAY DRIVE & SPURWAY DRIVE, NORWEST - PROPOSED PEDESTRIAN REFUGE ISLANDS

A MOTION WAS MOVED BY COUNCILLOR JACKSON AND SECONDED BY COUNCILLOR THOMAS THAT the Recommendation contained in the report be adopted.

THE MOTION WAS PUT AND CARRIED.

56 RESOLUTION

Council approve the construction of one pedestrian refuge island on Spurway Drive, Norwest and two pedestrian refuge islands on Fairway Drive, Norwest near Pasquale Avenue and Fairway Drive Reserve in accordance with Attachments 1, 2, 3 and 4 of the report.

8.21pm Councillor Russo left the meeting and returned at 8.23pm during Item 9.

ITEM-9 LTC RECOMMENDATION JANUARY 2021 - BARRY ROAD, NORTH KELLYVILLE- PROPOSED PEDESTRIAN REFUGE ISLAND

A MOTION WAS MOVED BY COUNCILLOR COLLINS OAM AND SECONDED BY COUNCILLOR DR GANGEMI THAT the Recommendation contained in the report be adopted.

THE MOTION WAS PUT AND CARRIED.

57 RESOLUTION

Council approve the design of a pedestrian refuge island on Barry Road between Serpentine Avenue and Greenmount Street outside Barry Road Reserve in accordance with Attachment 1 to the report subject to the ‘No Stopping’ signs at the intersection of Dorrigo Road and Greenmount Street being amended to R5-400 (L & R).

This is Page 9 of the Minutes of the Ordinary Meeting of The Hills Shire Council held on 23 February 2021

MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 23 February 2021

ITEM-10 LTC RECOMMENDATION JANUARY 2021 - RIVER ROAD AT WEBBS CREEK FERRY - REQUEST FOR STOP CONTROL

A MOTION WAS MOVED BY COUNCILLOR PRESTON AND SECONDED BY COUNCILLOR COLLINS OAM THAT the Recommendation contained in the report be adopted.

THE MOTION WAS PUT AND CARRIED.

58 RESOLUTION

The existing ‘GIVE WAY’ control on River Road, Wisemans Ferry on the southern approach to Webbs Creek Ferry be upgraded to a ‘STOP’ control in accordance with Figure 3 in the report.

ITEM-11 LTC RECOMMENDATION JANUARY 2021 - WHITLING AVENUE, CASTLE HILL PROVISION OF LINEMARKING

A MOTION WAS MOVED BY COUNCILLOR UNO AND SECONDED BY COUNCILLOR HASELDEN THAT

1. The matter be deferred to a Councillor Workshop

2. The General Manager undertake a review and report to a Councillor Workshop of Local Traffic policy.

THE MOTION WAS PUT AND CARRIED.

59 RESOLUTION

1. The matter be deferred to a Councillor Workshop

2. The General Manager undertake a review and report to a Councillor Workshop of Local Traffic policy.

9.00pm Councillor Dr Gangemi left the meeting and returned at 9.02pm during Item 17.

ITEM-17 LICENCE BETWEEN THE HILLS MENS SHED INCORPORATED AND THE HILLS SHIRE COUNCIL

A MOTION WAS MOVED BY COUNCILLOR HASELDEN AND SECONDED BY COUNCILLOR JACKSON THAT the Recommendation contained in the report be adopted.

THE MOTION WAS PUT AND CARRIED.

This is Page 10 of the Minutes of the Ordinary Meeting of The Hills Shire Council held on 23 February 2021

MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 23 February 2021

60 RESOLUTION

Council authorise the General Manager to exercise the 5 year Option term of the Licence agreement with The Hills Men’s Shed Incorporated at 242z, Excelsior Avenue, Castle Hill under the terms and conditions detailed in this report.

ITEM-19 INFORMATION AND STATUS REPORTS

A MOTION WAS MOVED BY COUNCILLOR HAY OAM AND SECONDED BY COUNCILLOR DE MASI THAT the Recommendation contained in the report be adopted.

THE MOTION WAS PUT AND CARRIED.

61 RESOLUTION

1. The status of legal matters before all Courts as shown in Attachments 1 be noted (ECM Document No 19171263).

2. The Status of Outstanding Resolutions as shown in Attachment 2 be noted (ECM Document Nos. 17211395, 17211396, 17211397and 17211398).

3. The Schedule of Questions and Answers at Council Meetings held on 10 and 24 November and 1 December 2020 shown in Attachment 3 be noted (ECM Document Nos. 19182281, 19206608 and 19220793).

4. The status of Development Applications awaiting determination as shown in Attachment 4 be noted (ECM Document No19325553).

5. Development Applications Involving Variations to Development Standards from 1 October 2020 to 31 December 2020 as shown in Attachment 5 be noted. (ECM Document No. 19325971).

QUESTIONS WITHOUT NOTICE

62 INFORMATION AND STATUS REPORTS

Councillor Hay OAM noted since 24 March 2020 Councillors have not had a report on letters of appreciation received by Council from residents. Councillor Hay OAM had found these to be an important metric for Councillors to monitor the culture of the organisation which was spontaneously provided by our community. This was always a separate cross check to the paid community survey undertaken annually or any reports from our internal HR department.

Councillor Hay OAM enquired if these letters of appreciation be once again provided in the business paper?

The General Manager advised he would take the matter on notice but noted letters of appreciation come in a variety of forms, as do letters of non-appreciation. The letters received are distributed to the Group Managers and teams and there is very little utility in having only those letters reported to the Council.

This is Page 11 of the Minutes of the Ordinary Meeting of The Hills Shire Council held on 23 February 2021

MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 23 February 2021

63 GLENHAVEN - PROPOSED MOBILE TOWER

Councillor Preston MP asked in relation to the proposed Mobile tower at Glenhaven, was Council aware of any other preferred sites identified by Telstra and where they were?

The Group Manager – Development and Compliance advised that for Development Applications for telecommunication facilities, the applicant was required to outline alternative sites and why they were not preferred over the subject site. As part of the assessment process, the veracity of this information is considered. The Group Manager was not aware of the alternate sites for this application but indicated Councillors would be provided with this information.

64 PROPOSED FOOTPATH AT ORATAVA AVENUE

Councillor Uno tabled an email from Mr Lynn regarding the proposed footpath along Oratava Avenue and thanked the Mayor for attending the WPHPA and providing insights for residents.

65 LOCAL TRAFFIC COMMITTEE

Councillor Collins OAM enquired if there is a log or register of traffic issues raised by residents, those dealt with internally and externally and those that ultimately make it to the Local Traffic Committee and could this information be provided to Councillors.

Councillor Thomas also requested Councillors be provided with the number of times the Local Traffic Committee rejected a recommendation in the last term of Council.

66 WATER DAMAGE – BINGARA AVENUE/SEVEN HILLS ROAD

Councillor Jackson had been notified by a resident of a water leak and potholes on the corner of Bingara Avenue and Seven Hills Road. The water leak appears to have damaged the road. The pothole has been filled in but the leak has not been resolved. The issue has been reported to Sydney Water but could Council follow this up?

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

67 ROSS PLACE/EDWARDS ROAD BRIDGE

Councillor Dr Gangemi requested an update on the progress with regards to the Ross Place and Edwards Road Bridge. Has the planning proposal been finalised and where are we with those works?

The General Manager confirmed it has not been finalised and Council are working with the Department.

68 GEORGE STREET/TERRY ROAD, BOX HILL

Councillor Dr Gangemi thanked Council staff for completing the mowing at the corner of George Street and Terry Road. The local residents are very grateful.

This is Page 12 of the Minutes of the Ordinary Meeting of The Hills Shire Council held on 23 February 2021

MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 23 February 2021

69 BALMORAL ROAD SPORTS COMPLEX

Councillor Jethi has forwarded an email to the General Manager from a resident regarding the Balmoral Road Sports Complex requesting more community facilities. A response and meeting with the resident would be appreciated.

The Minutes of the above Meeting were confirmed at the Meeting of the Council held on 9 March 2021.

MAYOR GENERAL MANAGER

This is Page 13 of the Minutes of the Ordinary Meeting of The Hills Shire Council held on 23 February 2021

ORDINARY MEETING OF COUNCIL 09 MARCH, 2021

ITEM-2 POST EXHIBITION - DRAFT CONTRIBUTIONS PLAN NO 18 - BELLA VISTA AND KELLYVILLE PRECINCTS (FP215 AND FP262)

THEME: Shaping Growth

5 Well planned and liveable neighbourhoods that meets OUTCOME: growth targets and maintains amenity.

5.1 The Shire’s natural and built environment is well managed STRATEGY: through strategic land use and urban planning that reflects our values and aspirations.

9 MARCH 2021 MEETING DATE: COUNCIL MEETING

GROUP: SHIRE STRATEGY, TRANSFORMATION AND SOLUTIONS

TOWN PLANNER AUTHOR: YEE LIAN

MANAGER – FORWARD PLANNING RESPONSIBLE OFFICER: NICHOLAS CARLTON

EXECUTIVE SUMMARY This report recommends that Council endorse Draft Contributions Plan No.18 – Bella Vista and Kellyville Station Precincts (“CP18”) and submit the draft Plan to the Independent Pricing and Regulatory Tribunal (IPART) for assessment.

The draft Plan was publicly exhibited from Thursday 10 December 2020 to Friday 29 January 2021. Council received two public authority submissions and five public submissions. The public authority submissions were received from Landcom (on behalf of Sydney Metro) and Sydney Water Corporation. The public submissions were received from three nearby landowners, Cricket NSW and Property Council of NSW. The public authority and public submissions received are detailed further within Section 2 and 3 of this report respectively.

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ORDINARY MEETING OF COUNCIL 09 MARCH, 2021

In response to submissions, the following post-exhibition amendments are recommended:

2. In recognition of the increase in residential yield, adjust the apportionment of costs between residential and non-residential development to 39% (residential) and 61% (non-residential); and

3. Include costs within the draft Plan for 1,600m2 of land to the east of Bella Vista Station for a possible future community facility.

Consequential changes are also proposed to the yield tables, contribution rate tables, work schedules and maps within the draft Plan to reflect the above changes. A number of other minor post-exhibition changes are proposed to correct typographical errors and align the eastern boundary of the ‘Land to which this Plan Applies’ Map to the current cadastral boundary of the subject properties.

Should Council resolve to endorse the draft Contributions Plan including post-exhibition amendments, it will be submitted to IPART for assessment, along with a copy of this report and Council’s resolution. Following the completion of the IPART and Ministerial assessment process, a further report will be considered by Council detailing the outcomes of the IPART assessment process and Ministerial advice, with a view to enabling adoption of the final Contributions Plan.

BACKGROUND

Precinct Planning On 1 December 2017 land within the Bella Vista and Kellyville Station Precincts was rezoned by the NSW Government to facilitate high density residential and commercial development. The rezoning was the outcome of the Government’s Planned Precinct program and enabled a significant increase in new dwellings, population and commercial floor space within the Precincts.

Since rezoning, the corridor has been subject to further detailed master planning which has been led by Landcom, who is acting on behalf of Sydney Metro (the majority landowner within the Precinct). In late 2019, Landcom lodged State Significant Development Applications (SSDAs) for the Government-owned land, which sought consent for the following:

. Concept master plans (including allocation of uses and gross floor area); . Urban Design Guidelines (against which future applications would be assessed); and . Stage 1 subdivision of lots which are identified as areas of public open space.

A map showing the land to which the SSDAs apply, along with the remaining non-SSDA development lots (both Government and privately owned), is included below.

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ORDINARY MEETING OF COUNCIL 09 MARCH, 2021

Figure 1 Land Subject to the Bella Vista and Kellyville SSDAs

The indicative structure plans for the Bella Vista and Kellyville Precincts are shown below. Importantly, whilst the SSDAs do not apply all land within the Precincts, the yield projections and infrastructure analysis completed by Landcom does account for the overall growth projections (including both SSDA and non-SSDA land).

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ORDINARY MEETING OF COUNCIL 09 MARCH, 2021

Figure 2 Bella Vista Structure Plan

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ORDINARY MEETING OF COUNCIL 09 MARCH, 2021

Figure 3 Kellyville Structure Plan

Draft Contributions Plan Draft Contributions Plan No.18 – Bella Vista and Kellyville Precincts (CP18) will enable Council to levy monetary contributions from development within the Bella Vista and Kellyville Station Precincts as a means of funding local infrastructure required to support urban development. The exhibited draft Plan seeks to secure contributions for infrastructure valued at approximately $143 million, which would be apportioned between both residential and non-residential development within the Precincts.

A range of new infrastructure has been identified for funding, including an expansion of Caddies Creek Sports Complex (Stage 2), new local and district open space, transport facilities (including pedestrian bridges, vehicular bridges, traffic signals and roundabouts) and water management facilities.

The draft Plan has been prepared based on a 25 year development horizon and has regard to the potential for both residential and non-residential development outcomes within the Precinct.

Extensive infrastructure analysis has been completed for the Precincts by the NSW Government (as part of the Planned Precinct program to inform the rezoning of the land) and subsequently by Landcom (as part of the SSDAs). This infrastructure analysis has formed the basis of the ‘infrastructure list’ proposed to be included within the Contributions Plan, with some additional local items also included where necessary. The proposed infrastructure categories are as follows:

. Open Space Facilities; . Community Facilities; . Transport and Traffic; . Water Management; and . Plan Administration.

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ORDINARY MEETING OF COUNCIL 09 MARCH, 2021

A map identifying the proposed infrastructure under draft CP18 is provided within Attachment 1.

On 1 December 2020 Council resolved to publicly exhibit draft CP18. At that time, it was also resolved that Council enter into discussions with Landcom regarding a planning agreement in relation to infrastructure for the Bella Vista and Kellyville. Discussions are currently underway with Landcom with respect to the preparation of a draft VPA. Once the draft VPA has been submitted it will be reported to Council for consideration.

REPORT This report considers the outcomes of public exhibition of draft Contribution Plan No.18 – Bella Vista and Kellyville Station Precincts and seeks Council’s endorsement to make post- exhibition amendments and submit the draft Plan to IPART for assessment.

1. EXHIBITION DETAILS The draft Plan was publicly exhibited from Thursday 10 December 2020 to Friday 29 January 2021. Notification of the exhibition was placed on Council’s website and social media platforms and notification letters were sent to affected and nearby landowners.

Council received two public authority submissions and five public submissions (comprising three from nearby landowners and two from organisations including Cricket NSW and Property Council of NSW). The public authority submissions were received from Landcom (on behalf of Sydney Metro) and Sydney Water Corporation. A summary of the key issues raised and a response to each issue is provided in the following sections.

2. PUBLIC AUTHORITY SUBMISSIONS a. Landcom Submission (on behalf of Sydney Metro)

Landcom’s submission on behalf of landowner Sydney Metro generally supports the draft Plan. However, the submission recommends a number of amendments to the Plan and its underlying assumptions. Key issues raised in the submission and a response to each are provided below.

i. Review of Estimated Residential Yields

Issue: Landcom has reviewed the potential residential yields that would be achievable within the Bella Vista and Kellyville Precincts and recommends the following amendments to the draft Plan:

Bella Vista Kellyville Landholding Landcom Landcom Draft CP18 Draft CP18 Submission Submission SSDA Land (Dwellings) 3,804 3,804 1,910 1,910 Non-SSDA Land 490 975 367 435 (Dwellings) TOTAL (Dwellings) 4,779 (+ 4,294 2,277 2,345 (+68) 485) Table 1 Draft CP18 and Landcom Proposed Yield Estimates

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The revisions estimate an additional 485 dwellings within the Bella Vista Precinct and 68 dwellings within the Kellyville Precinct in comparison to the original estimates which informed the preparation of the draft Plan.

Comment: It is agreed that the yield projection for the non-SSDA land within the draft Plan is slightly less that the achievable yield when applying the permissible Floor Space Ratios. However, the revised yield projections submitted by Landcom are based on an average dwelling size of 80m2 per dwelling, which reflects the average for the SSDA land. As Landcom’s GFA and yield entitlements will be regulated through the SSDA, it is considered reasonable to adopt this assumption for land controlled by Landcom / Sydney Metro.

However, based on previous analysis undertaken by Council, it is considered more likely that a SEPP 65 compliant development on non-Government land would yield an average dwelling size of closer to 90m2. Accordingly, it is considered reasonable that the proposed yield on the non-SSDA land be revised in accordance with the following table:

Bella Vista Kellyville Landholding Proposed Proposed Draft CP18 Draft CP18 Amendment Amendment SSDA Land 3,804 3,804 1,910 1,910 (Dwellings) Non-SSDA Land 490 922 367 411 (Dwellings) TOTAL 4,294 4,726 (+432) 2,277 2,321 (+ 44) (Dwellings) Table 2 Draft CP18 and Landcom Proposed Yield Estimates

The updated estimates in Table 2 are considered to more accurately reflect the yield that would be achievable on non-SSDA land which would be subject to a development application assessed by Council against the provisions of SEPP 65 and Council’s Development Control Plan. It is recommended that the draft Plan be amended post- exhibition to reflect the updated yields in Table 2.

ii. Inclusion of Collector Roads within the Works Schedule

Issue: Landcom requests that Council include collector roads as items to be funded under the draft Contributions Plan. It is Landcom’s view that these roads are likely to meet IPART assessment criteria for inclusion in a contributions plan due to their critical role in the transport network and the fragmented ownership of land along which these roads traverse.

Comment: The inclusion of collector roads within the draft plan is not supported. Collector roads are not typically funded within Council’s contributions plans as they would substantially increase the contribution rates for development, which is unlikely to be supported by IPART or Government.

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The requirement for each individual developer to construct the portion of the local road network which adjoins their development site is considered the most reasonable and cost- effective method of ensuring new development is serviced by an adequate local road network. This is standard practice within new release and development areas.

While no post-exhibition amendments are recommended in response to this request, it is noted that IPART will have the opportunity to review both Landcom and Council’s position on the inclusion of collector roads and make recommendations with respect to their inclusion or exclusion.

iii. Inclusion of Land for Community Facility within the Works Schedule

Issue: Landcom’s submission requests that Council include 1,600m2 of land adjacent to Bella Vista Station which is identified for a potential community facility.

Comment: In preparing draft CP18, the approach which was originally pursued was to exclude land and capital costs for a community facility as Landcom has indicated an intention to dedicate this land through a future VPA. Furthermore, Council is unable to levy for capital costs associated with community facilities within its contributions plans. Consequently, it was proposed that the provision of community facilities be addressed entirely through a future VPA with Landcom, rather than through the Contributions Plan.

Notwithstanding the above, it is considered reasonable to include a land value for this item within the draft Contributions Plan, given inclusion of land for community facilities is permitted under the Department’s Essential Works List and would provide greater certainty with respect to the delivery of this infrastructure in the future. The mechanism for Council receiving this land would still be established through a future VPA with Landcom / Sydney Metro. however its inclusion as an item in the Plan would mean that the draft Plan more accurately reflect the total infrastructure provision and costs associated with development in the station precincts.

iv. Finalisation of Intersection Upgrades

Issue: Landcom has noted that there are several intersection upgrades which will be subject to further refinement with Council including Balmoral Road / Mawson Avenue (RT6) and Memorial / Celebration Drive (RT7). The submission recommends that the relevant authorities work together to finalise these intersections so that they can be accurately reflected in the final plan.

Comment: Council officers will work with relevant agencies as part of the planning for these intersections. Notwithstanding this, it is common practice for contributions plans to be prepared in advance of final intersection designs and until such time as these have been completed, it is reasonable for Council to include the most accurate cost estimates available at the time of preparing a plan.

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v. Land Valuation for Caddies Creek

Issue: Landcom recommends that Council include updated costings for land at Caddies Creek Sports Complex based on an updated valuation from Sydney Metro.

Comment: Whilst it is acknowledged that Landcom has obtained an updated valuation for this land, the valuation report was not provided to Council for review at this stage and as such cannot be included. It is acknowledged that the cost of this land within the draft Plan is a strategic level estimate based on the values included within the Government’s draft Special Infrastructure Contribution (SIC) prepared by the Department in 2017. While no post-exhibition amendment is recommended in response to this request, there will be opportunities to review the cost for this item under the draft Plan through the IPART review process, should Landcom be willing to provide their report to Council for review in the future.

vi. Detailed Costings for Plan Items

Issue: Landcom recommends that Council review and update draft CP18 to reflect quantity surveyor estimates for works currently being undertaken by Landcom for all items within the Plan.

Comment: The costs in the draft Plan are based on preliminary estimates provided by Landcom as well as other available sources (such as IPART cost benchmarks). As detailed estimates have not been provided by Landcom, it is not considered reasonable to delay the draft Contributions Plan until these costings have been prepared and submitted. There will be further opportunities to review the costs within the Plan as part of the IPART review process and/or subsequent reviews of the Plan. Accordingly, it is considered appropriate to submit the draft Plan to IPART with the current cost estimates (which are the most accurate estimates available at this time), noting these can be subject to further review once detailed costs become available. b. Sydney Water

Issue: Sydney Water raised no objection to the draft Plan however made a general request for Council to regularly inform Sydney Water of any changes to projected population, dwelling and employment data to inform their delivery of water related services to the area.

Comment: Council officers regularly engage with Sydney Water and share growth projection information to assist in the delivery of their water related services.

3. PUBLIC SUBMISSIONS a. Cricket NSW

Issue: The submission from Cricket NSW generally supports the draft Plan, however requests that Council considers providing two additional cricket pitches as opposed to one additional pitch

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and to provide cricket practice nets within the Stage 2 Expansion of Caddies Creek Sports Complex.

Comment: Council’s Recreation Strategy (2019) provides an audit of existing cricket facilities and indicates there are currently around 42 cricket pitches within 30 facilities across the Shire. The Recreation Strategy also identifies opportunities for future facilities including one additional pitch at Caddies Creek Sports Complex and further facilities in other areas such as Balmoral Road Release Area, North Kellyville and Box Hill. These planned facilities are currently in various master plan and design stages.

Council must provide a range of facilities within its open space network, with limited funding which is primarily collected through developer contributions. Embellishment of open space facilities is also restricted by the State Government’s Essential Works List and the rigorous review process by the Independent Pricing and Regulatory Tribunal (IPART) which limits contributions funding to base level embellishment.

Cricket NSW’s desire to provide two additional cricket pitches within the Stage 2 expansion of Caddies Creek is acknowledged. However, based on the preliminary master plan it is unlikely this could be accommodated due to the required layout and orientation of additional playing fields. As a revised master plan is currently being prepared for Caddies Creek Stage 2, there will be an opportunity to investigate the provision of cricket practice nets at this facility and the comments of Cricket NSW will be taken into consideration as part of this process. The draft master plan for Caddies Creek Stage 2 will be exhibited for public comment in the future, at which time Cricket NSW and other stakeholders will have further opportunity to make a submission. Council officers will continue to work with Cricket NSW where possible to determine suitable locations for additional facilities having regard to the opportunities identified in Council’s Recreation Strategy and other factors such as site suitability and funding.

b. Property Council of NSW

A submission from the Property Council of NSW has suggested a number of changes to the draft Plan, primarily to encourage cost savings for developers and enhance housing affordability in the Bella Vista and Kellyville Precincts. Key issues outlined in the submission are provided below.

Issue: The submission raises concern regarding development feasibility as the area will be subject to draft CP18 and the Special Infrastructure Contribution (SIC) levy which is administered by the Department of Planning, Industry and Environment. Property Council of NSW urges both Council and the Department to ensure that there is no overlap between the between the local and regional infrastructure to be funded by these two levies.

Comment: It is acknowledged that the Precincts are subject to both local and regional contribution levies. This is not uncommon for areas undergoing substantial growth where there will be significant demand for both local and regional infrastructure to service the new population. It is anticipated that both local and regional infrastructure contributions will be set at a level which reflects the cost of providing new infrastructure to service growth, in line with the user- pays principle of contributions planning.

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Draft CP18 does not seek to levy for any regional infrastructure items. Regional infrastructure will be a matter for consideration as part of the SSDAs for the Bella Vista and Kellyville Precincts. The SIC levy will apply to both Government and non-Government land which will ensure an appropriate levy applies for the collection of contributions towards regional infrastructure (this is yet to be determined by the State Government).

Issue: The submission suggests providing greater flexibility under the Plan for developers to undertake works-in-kind agreements which would enable potential cost savings in delivering the required infrastructure.

Comment: Draft CP18 contains provisions that enable Council to consider applications for works-in-kind agreements, where appropriate and subject to meeting certain criteria. These criteria have been prepared in accordance with relevant legislation and practice notes and are standard provisions across most of Council’s contributions plans.

Council recently prepared a draft Works-in-Kind Policy. However, changes may be required to the draft Policy as a result of a recent review of local infrastructure contributions undertaken by the NSW Productivity Commission and potential future legislative changes relating to this review.

It is further noted that Landcom (on behalf of Sydney Metro) has identified an intention to enter into a VPA with Council to deliver a significant portion of the infrastructure identified under draft CP18. This proposed pathway will achieve the efficiencies identified by the Property Council with regard to delivery of infrastructure across the Precincts.

Issue: Property Council of NSW further suggests that Council permit contributions payments to be made prior to Occupation Certificate rather than prior to a Construction Certificate or Subdivision Certificate.

Comment: The Environmental Planning and Assessment (Local Infrastructure Contributions – Timing of Payments) Direction 2020 was released in June 2020 and allows contributions to be deferred until the issue of the first Occupation Certificate. This direction is in effect across NSW until 25 March 2021. The Direction is a response to the COVID-19 Pandemic and is not considered an appropriate policy change on a long term basis. The deferral of payment of contributions to the Occupation Certificate stage is generally not supported.

While this may assist in development feasibility and delivery, it means that Councils are in a position of needing to either forward fund infrastructure using general revenue or delay delivery of infrastructure until contributions income has been received. This outcome is detrimental to existing communities who in-effect are being asked to subsidise the cost of money flowing into new developments out of which they will receive no dividend in return. The deferral of contribution payments only exacerbates issues associated with new communities entering a release area or development precinct, before the infrastructure which has been planned to service them can be provided. Whilst the NSW Production Commission, as part of its review of infrastructure contributions in NSW, has recommended that the deferral of local contributions to the Occupation Certificate stage be made permanent, the State Government would ultimately need to make a decision on whether to implement this recommendation.

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c. Community submissions

i. Objection to Playing Fields at Caddies Creek Sports Complex

Issue: One submission objected to the expansion of Caddies Creek Sports Complex primarily due to potential impacts on existing vegetation and wildlife within the reserve. The submission author suggests that the proposal is not in the public interest and that the site should be preserved as a green belt to combat impacts of climate change and to limit flooding impacts in this area.

Comment: In 2017 the subject land was zoned RE1 Public Recreation by the Department of Planning, Industry and Environment as part of the precinct planning for the Bella Vista and Kellyville Precincts. Accordingly this land has been earmarked for the purpose of active recreation for a number of years. The proposed playing fields are consistent with the adjoining uses (Stage 1 of the Caddies Creek Sports Complex) and with the objectives for the RE1 Public Recreation zone under The Hills Local Environmental Plan 2019.

Council has prepared a preliminary master plan for the Caddies Creek Stage 2 Expansion which has sought to position and orient new facilities to minimise impacts on the environment and to retain existing vegetation, where possible. Council has also commissioned an ecological assessment to further consider potential impacts and this will inform future detailed design work, required removal of vegetation and opportunities for replacement planting. The preliminary master plan is shown in the figure below.

Figure 4 Caddies Creek Sporting Complex Stage 2

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It is important to note that the draft Contributions Plan relates only to the establishment of a funding source for these additional playing fields at this location. Any physical development of the site will be subject to approval and assessment under the Environmental Planning and Assessment Act 1979 which would involve further consideration of environmental impacts, community consultation and notification of surrounding property owners.

Issue: The submission author suggests that there is insufficient demand for the proposed playing fields and that existing facilities in Kellyville and Rouse Hill are sufficient to cater for growth within the Bella Vista and Kellyville Precincts. The submission raises further concern that the proposed playing fields are located a significant distance from the Bella Vista and Kellyville Precincts.

Comment: Council’s active open space facilities are in high demand and there is currently limited availability at most facilities during peak sport times. Council has recently undertaken an audit of active open spaces across the Shire as part of preparing its Recreation Strategy (2019). The audit indicates that existing and planned facilities in the Kellyville and Rouse Hill areas will only be sufficient to cater for growth within those locations (based on a benchmark provision of 1 playing field per 2,000 people in low density areas).

Accordingly, there is a clear demand for additional facilities to service the expected future population of approximately 13,845 additional people (revised projection from earlier in the report) within the Bella Vista and Kellyville Precincts.

Council’s Recreation Strategy includes a benchmark level of service provision for new high density development of 1 playing field per 2,000 high density dwellings (around 4,000 people). Based on this benchmark the future growth within the Bella Vista and Kellyville Precincts would generate demand for 3.52 playing fields. When applying this threshold requirement, a total of 4 playing fields will be required to satisfy the additional demand from residential development within the Precincts. To address this demand for active open space, the draft Plan identifies the expansion of the Caddies Creek Sporting Complex by an additional 9.5 hectares, to accommodate an additional 4 single playing fields (allowing for 1 cricket oval) and associated parking, amenities, playground, pathways and planting.

Concerns regarding proximity of the complex to the Bella Vista and Kellyville Precincts are noted. However, securing land that is suitable for new playing fields to service growth within the Sydney Metro Northwest Precincts has been particularly challenging given the existing character, high cost of land within these areas and desire to achieve the highest and best use of land within close proximity to the new stations. This was a key factor in the Government’s decision to identify the subject land (which is currently Government owned) for active recreation during the precinct planning phase, noting also that it is co-located next to existing facilities and within an approximate 2km catchment of the source of demand (consistent with the rule of thumb catchment identified in the Recreation and Open Space Planning Guidelines for Local Government).

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Issue: The submission raises further concern regarding impacts of the proposed playing fields on the character of the neighbourhood as well as amenity impacts such as traffic, noise and implications for property values.

Comment: As noted previously, the proposed playing fields are a permissible use on the subject land and will be co-located with existing facilities constructed as part of Stage 1 of the complex. As there are already existing facilities at Caddies Creek Reserve, it is considered unlikely that the proposal will drastically alter the existing character and amenity of the area.

Development of the site for additional playing fields would be subject to further assessment and approval under the Environmental Planning and Assessment Act 1979, including a review of environmental impacts such as traffic and noise. Technical assessments relating to traffic and acoustics would need to be prepared as part of any future assessment and any design requirements or upgrades (if required) would need to be completed as part of future works for the playing fields.

Whilst concerns regarding property values are acknowledged, it is considered that green spaces including playing fields provide critical infrastructure and would make a positive contribution to the quality of life of residents within the surrounding community.

ii. Maintenance of Future Green Spaces

Issue: One submission was generally supportive of the draft Plan, however was dissatisfied with the current maintenance of green spaces across the Shire and requests that plans are put in place to ensure the adequate maintenance of future green spaces to be funded under the Plan.

Comment: Section 7.11 contributions plans are only able to fund new and augmented infrastructure. They are not permitted to fund the on-going maintenance of infrastructure. Following the embellishment and / or dedication of any green spaces identified within draft CP18, resources would need to be allocated from alternative funding sources to ensure these areas are appropriately managed. Council currently manages 299 parks and 1,375 hectares of environmental protection land and maintains these areas to the highest possible standard, within resourcing capabilities.

iii. Access to Properties North of Memorial Avenue

Issue: One submission raises concern with a proposed roundabout (RT9) to the north of Memorial Avenue and a change to the road layout as indicated under the Balmoral Road Release Area DCP (and previously identified within Contributions Plan No. 12) which would remove a proposed access road (formerly Abelia Place) to properties fronting Memorial Avenue. Images of the proposed road layout under the existing DCP applying to the land (Part D Section 7 – Balmoral Road Release Area) and draft CP18 are shown below.

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Figure 5 Figure 6 Road Layout - Existing Balmoral Road DCP Proposed Road Layout in draft CP18

Comment: The land referred to in this submission previously formed part of the Balmoral Road Release Area and was subject to the controls for that Precinct including the indicative road layout and proposed intersection treatments. However, the land now forms part of the Bella Vista and Kellyville Station Precincts, a majority of which is State Government owned and subject to a SSDAs proposing an alternative precinct structure and road layout.

The road layout indicated in draft CP18 (Figure 5) reflects the proposed road layout under the Government’s SSDA for the Bella Vista and Kellyville Precincts. However, it is acknowledged that there are a number of sites fronting Memorial Avenue which do not form a part of the SSDA and will not be guided by the Urban Design Guidelines prepared to support that application. Accordingly draft development controls, including a proposed road layout, are currently being prepared for this land and will guide future development outcomes and ensure all properties have sufficient access to the public road network. The necessary amendments to Council’s DCP will facilitate and guide development outcomes on the land which is not subject to the SSDA), and will be the subject of a future report to Council.

4. LANDCOM VOLUNTARY PLANNING AGREEMENT OFFER Landcom (on behalf of Sydney Metro) has indicated its intention to enter into a VPA with Council. It is anticipated the draft VPA would secure the land and contributions for a new community facility, require the delivery of works identified under draft CP18 to be undertaken by Landcom (or a future landowner / developer) and set out the value of monetary contributions that must be made by Landcom (or a future landowner / developer) towards infrastructure to service the future population of the Bella Vista and Kellyville Precincts. Once submitted, an assessment of Landcom’s VPA offer will be provided as a separate report for Council’s consideration.

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5. POST EXHIBITION AMENDMENTS TO DRAFT CP18 It is recommended that the following post exhibition amendments be made to the draft Plan:

1. Update yield projections for non-SSDA land within the Precincts from 857 dwellings (1,684 people) to 1,333 dwellings (2,621 people). This increases the overall projected yield within the corridor from 6,571 dwellings (12,910 people) to 7,047 dwellings (13,848 people); 2. In recognition of the increase in residential yield, adjust the apportionment of costs between residential and non-residential development to 39% (residential) and 61% (non-residential); and 3. Include costs within the draft Plan for 1,600m2 of land to the east of Bella Vista Station for a possible future community facility.

The recommended post-exhibition amendments are reflected within the draft Plan provided as Attachment 1.

NEXT STEPS Should Council resolve to endorse the draft Contributions Plan post-exhibition, it will be submitted to IPART for assessment, along with a copy of this report and Council’s resolution. Following the completion of the IPART assessment process, a further report will be considered by Council detailing the outcomes of the IPART assessment process, with a view to enabling adoption of the final Contributions Plan.

Additionally, Council officers will continue to progress negotiations with respect to Landcom’s VPA offer and continue to review Council’s Development Control Plan to ensure adequate controls are in place to guide future development on non-Government owned land within the Precincts.

IMPACTS

Financial A comparison between the exhibited and post exhibition versions of the draft Plan are shown in the following table.

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Exhibited CP18 Post-Exhibition CP18

Value of Land, Works and $142.98m $149.6m Administration Dwellings 6,571 7,047

Non-Residential Floor 2 2 176,736m 176,736m Space (m2) Residential Contribution $39,159.76 per dw $38,795.92 per dw Rate (2020/21) Non-Residential Contribution Rate $50.28 $49.71 (2020/21) Table 3 Summary of Planned Yield, Costs and Rates (FY2020/21)

An extract of the proposed rates schedule (incorporating post-exhibition amendments) is provided below.

Seniors Multi Unit Housing * Dwelling Integrated Housing / Facility Category House Housing Boarding 4 Bedroom 3 Bedroom 2 Bedroom 1 Bedroom House Rooms

All Residential Development

Open Space Land $22,362.29 $17,758.29 $9,865.72 $20,389.15 $17,100.58 $13,812.00 $9,865.72 Open Space Capital $11,018.14 $8,749.70 $4,860.94 $10,045.95 $8,425.63 $6,805.32 $4,860.94 Transport Capital $2,510.69 $1,993.78 $1,107.66 $2,289.16 $1,919.94 $1,550.72 $1,107.66 Administration $206.89 $164.29 $91.27 $188.63 $158.21 $127.78 $91.27 Community Facility - Land $1,818.31 $1,443.96 $802.20 $1,657.87 $1,390.48 $1,123.08 $802.20 Water Management Capital $879.60 $698.50 $388.06 $801.99 $672.63 $543.28 $388.06

Total $38,795.92 $30,808.52 $17,115.84 $35,372.75 $29,667.46 $23,962.18 $17,115.84 *Includes but not limited to Attached Dwellings, Semi-Detached Dwellings, Multi Dwelling Housing, Terrace Housing, Residential Flat Buildings and Shop Top Housing Table 4 Rates Schedule – Residential Development (FY2020/21)

Rate Facility Category (Per m2)

All Non-Residential Development Transport Capital $49.02 Administration $0.69

$49.71 Table 5 Rates Schedule – Non-Residential Development (FY2020/21)

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The Hills Future - Community Strategic Plan The draft Contributions Plan will facilitate a desirable living environment and support management of new and existing development with a robust framework of policies, plans and processes that is in accordance with community needs and expectations.

RECOMMENDATION 1. Draft Contributions Plan No.18 – Bella Vista and Kellyville Precincts (Attachment 1), be forwarded to the Independent Pricing and Regulatory Tribunal for Review.

2. Council consider a further report on Draft Contributions Plan No.18 – Bella Vista and Kellyville Precincts following the assessment of the draft Plan by the Independent Pricing and Regulatory Tribunal and the issue of the Minister for Planning’s formal response to the Independent Pricing and Regulatory Tribunal’s recommendations.

ATTACHMENTS 1. Draft Contributions Plan No. 18 – Bella Vista and Kellyville Station Precincts (39 Pages)

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ATTACHMENT 1

Contributions Plan No. 18 Bella Vista & Kellyville Station Precincts

The Hills Shire Council [INSERT DATE] 3 Columbia Court, Baulkham Hills 2153 PO Box 7064, Baulkham Hills BC 2153 Phone (02) 9843 0555

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CONTENTS

1 PART A: SUMMARY SCHEDULES ...... 4 2 PART B: ADMINISTRATION AND OPERATION OF THE PLAN ...... 7

2.1 SECTION 7.11 PRINCIPLES ...... 7 2.2 WHAT IS THE NAME OF THIS PLAN ...... 7 2.3 AREA TO WHICH THIS PLAN APPLIES ...... 7 2.4 WHAT IS THE PURPOSE OF THIS DEVELOPMENT CONTRIBUTIONS PLAN? ...... 10 2.5 APPLICATION OF THE PLAN ...... 10 2.6 COMMENCEMENT OF THIS PLAN ...... 10 2.7 RELATIONSHIP WITH OTHER PLANS AND POLICIES ...... 11 2.8 POLICIES & PROCEDURES ON THE LEVYING AND PAYMENT OF CONTRIBUTIONS ...... 11 2.9 METHOD OF PAYMENT ...... 11 2.10 PLANNING AGREEMENTS ...... 12 2.11 WHEN MUST CONTRIBUTIONS BE PAID? ...... 12 2.12 DEFERRED OR PERIODIC PAYMENT ...... 13 2.13 CONSTRUCTION CERTIFICATES AND THE OBLIGATIONS OF ACCREDITED CERTIFIERS ...... 13 2.14 COMPLYING DEVELOPMENT AND THE OBLIGATIONS OF ACCREDITED CERTIFIERS ...... 13 2.15 CREDIT FOR EXISTING DEVELOPMENT ...... 14 2.16 SAVINGS AND TRANSITIONAL ARRANGEMENTS...... 14 2.17 EXEMPTIONS...... 14 2.18 POOLING OF CONTRIBUTIONS ...... 14 2.19 CALCULATION OF CONTRIBUTIONS ...... 14 2.20 REVIEW AND MONITORING OF PLAN ...... 16 2.21 TIMING OF PROVISION ...... 17 2.22 FINANCIAL INFORMATION ...... 17 2.23 WHEN DID THIS PLAN COME INTO FORCE? ...... 18 3 PART C: STRATEGY PLANS ...... 19

3.1 DEVELOPMENT POTENTIAL ...... 19 3.2 OPEN SPACE FACILITIES ...... 23 3.3 COMMUNITY FACILITIES ...... 26 3.4 TRANSPORT FACILITIES ...... 28 3.5 WATER MANAGEMENT ...... 30 3.6 PLAN ADMINISTRATION ...... 31 3.7 WORK SCHEDULE ...... 32

Bella Vista and Kellyville Station Precincts S7.11 Contributions Plan Page 2

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TABLES

TABLE 1 DEVELOPMENT TIMETABLE ...... 5 TABLE 2 CONTRIBUTIONS BY CATEGORY – PER PERSON (RESIDENTIAL DEVELOPMENT) ...... 5 TABLE 3 CONTRIBUTIONS BY DWELLING TYPE (RESIDENTIAL DEVELOPMENT) (2020/21) ...... 6 TABLE 4 CONTRIBUTIONS BY CATEGORY – NON-RESIDENTIAL DEVELOPMENT (2020/21) ...... 6 TABLE 5 PROJECTED DWELLINGS, POPULATION AND NON-RESIDENTIAL FLOOR SPACE ...... 20 TABLE 6 TRAFFIC GENERATION AND APPORTIONMENT ...... 29 TABLE 7: WORKS SCHEDULES ...... 33 TABLE 8: SUMMARY OF WORKS PROGRAM BY FACILITY CATEGORY ...... 34

FIGURES

FIGURE 1 LAND TO WHICH THIS PLAN APPLIES ...... 9 FIGURE 2 REFERENCE SCHEME – BELLA VISTA (HASSELL STUDIO 2019) ...... 21 FIGURE 3 REFERENCE SCHEME – KELLYVILLE (SJB URBAN 2020) ...... 22 FIGURE 4: LOCATION OF FACILITIES ...... 35

Amendment Date Amendment Description No. Came into Force

Bella Vista and Kellyville Station Precincts S7.11 Contributions Plan Page 3

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1 PART A: SUMMARY SCHEDULES This Plan is The Hills Section 7.11 Contributions Plan (CP) No.18 – Bella Vista and Kellyville Station Precincts.

The contributions received from this Plan will provide for both active and passive open space, water management works, transport and traffic works (including pedestrian/cycle links), and administration costs.

The open space, community facilities and transport and traffic works to be delivered will contribute towards meeting the needs of the incoming population within the Bella Vista and Kellyville Sydney Metro Northwest Station Precincts. The additional population estimated to occur as a result of the development of these precincts is 13,845 12,913 additional persons. It is also estimated that the Precincts will accommodate 176,736m2 of employment floor space (25,736m2 retail and 151,000m2 commercial).

Given the close proximity of the Precincts, and shared demand for infrastructure, it is appropriate for both the Bella Vista and Kellyville Station Precincts to be considered as a combined ‘catchment’ area and for local infrastructure to be planned on this basis.

The costs of required open space, transport and traffic works, water management works and administrative tasks are summarised below.

Work Schedule: Cost per Category (base cost) OPEN SPACE AMOUNT $ Land $77,606,308 Works $43,376,109 SUB TOTAL $120,982,417

TRANSPORT AND TRAFFIC AMOUNT $ Land $Nil Works $17,667,124 SUB TOTAL $17,667,124

WATER MANAGEMENT AMOUNT $ Land $Nil Works $3,366,000 SUB TOTAL $3,366,000

COMMUNITY FACILITIES AMOUNT $ Land $6,625,920 Works $Nil SUB TOTAL $6,625,920

ADMINISTRATION AMOUNT $ $966,138

TOTAL WORKS: $149,607,598

Bella Vista and Kellyville Station Precincts S7.11 Contributions Plan Page 4

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Development Timetable It is anticipated that development within the Bella Vista and Kellyville Station Precincts will occur generally in accordance with the development path outlined in the Table below.

% of Residential % of Non-Residential Year Development Development

1-5 24.4% 11.7% 6-10 30.4% 9.4% 11-15 22.5% 36.7% 16-20 15.2% 18.2% 21-25 7.5% 24% Table 1 Development Timetable

A large portion of the corridor forms part of the Developable Government Land. Divestment of this land is being managed by Landcom on behalf of Sydney Metro. The projected development uptake within this Plan is based on the development and staging information submitted as part of the State Significant Development Applications for this land. This development path will be subject to ongoing monitoring and review as development within the Precincts occurs.

Contributions by Category – Per Person (Residential Development)

Facility Type $ Rate (Per Person)

$6,970 Open Space - Land $6,577 $3,434 Open Space - Capital $3,241 $775 Transport Facilities - Capital $738 $274 Water Management - Capital $259 Community Facility - Land $535 $64 Administration $61 $111,517 Total (2020/2021) $11,517 Table 2 Contributions by Category – per person (Residential Development)

Bella Vista and Kellyville Station Precincts S7.11 Contributions Plan Page 5

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Contributions by Dwelling Type (Residential Development)

Seniors Medoium and High Density Development * Dwelling Integrated Housing / Facility Category House Housing Boarding 4 Bedroom 3 Bedroom 2 Bedroom 1 Bedroom House Rooms

All Residential Development

Open Space Land $23,697.32 $18,818.46 $10,454.70 $21,606.38 $18,121.48 $14,636.58 $10,454.70 Open Space Capital $11,675.92 $9,272.05 $5,151.14 $10,645.69 $8,928.64 $7,211.60 $5,151.14 Transport Capital $2,635.53 $2,092.92 $1,162.73 $2,402.98 $2,015.41 $1,627.83 $1,162.73 Administration $218.89 $173.82 $96.57 $199.57 $167.38 $135.19 $96.57 Water Management Capital $932.11 $740.21 $411.23 $849.87 $712.79 $575.72 $411.23

Total $39,159.76 $31,097.46 $17,276.37 $35,704.49 $29,945.70 $24,186.91 $17,276.37 * Includes but not limited to Attached Dwellings, Semi-detached Dwellings, Multi Dwelling Housing, Terrace Housing, Residential Flat Buildings and Shop top housing. Seniors Medium and High Density Development * Dwelling Integrated Housing / Facility Category House Housing Boarding 4 Bedroom 3 Bedroom 2 Bedroom 1 Bedroom House Rooms

All Residential Development

Total $38,795.92 $30,808.52 $17,115.84 $35,372.75 $29,667.46 $23,962.18 $17,115.84 *Includes but not limited to Attached Dwellings, Semi-Detached Dwellings, Multi Dwelling Housing, Terrace Housing, Residential Flat Buildings and Shop Top Housing Table 3 Contributions by Dwelling Type (Residential Development) (2020/21)

Contributions by Category – Per m2 Floor Area (Non-Residential)

Rate Facility Category (Per m2)

All Non-Residential Development Transport Capital $49.58 Administration $0.70

$50.28

Rate Facility Category (Per m2)

All Non-Residential Development Transport Capital $49.02 Administration $0.69

$49.71

Table 4 Contributions by Category – Non-Residential Development (2020/21)

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2 PART B: ADMINISTRATION AND OPERATION OF THE PLAN 2.1 Section 7.11 Principles Under Section 7.11 of the Environmental Planning and Assessment Act, 1979 (‘EP&A Act’) Council has the power to levy contributions from developers for public amenities and services required because of development. The three general principles in applying Section 7.11 contributions are:

1. A contribution must be for, or relate to, a planning purpose; 2. A contribution must fairly and reasonably relate to the subject development; and 3. The contribution must be such that a reasonable planning authority, duly appreciating its statutory duties, could have properly imposed.

Under the provisions of Section 7.11, Council may either:

require land to be dedicated free of cost; require money to be contributed for works or facilities to be provided in the future; require money to be contributed towards the cost of works or facilities already provided in anticipation of development; accept the provision of a material public benefit, or works in kind, in satisfaction of Section 7.11 requirements; or require or accept a combination of any of the above.

The ability to levy developers for the provision of essential public facilities and services is considerably important to The Hills Shire. This ‘user pays’ approach can significantly reduce the financial burden of new urban development on existing Shire residents.

One of the fundamental responsibilities of any Council in imposing Section 7.11 contributions is to ensure that the contributions levied are reasonable. That is, the works and facilities to be provided must be a direct consequence of the development on which the contributions are levied. They must not unnecessarily inflate development costs. Therefore, contributions are limited to essential or base-line works and facilities considered necessary to sustain acceptable urban development.

2.2 What is the Name of this Plan This Contributions Plan is called ‘Contributions Plan No.18 – Bella Vista and Kellyville Station Precincts’.

2.3 Area to which this plan applies This Contributions Plan applies to land within the Bella Vista and Kellyville Sydney Metro Northwest Station Precincts as shown on the Locality Map at Figure 1.

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Figure 1 Land to which this Plan applies

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2.4 What is the purpose of this Development Contributions Plan? The purpose of this Contributions Plan is to:

a) Authorise the Council to impose conditions under section 7.11 (s7.11) of the EP&A Act when granting consent to the development on land to which this plan applies; b) Provide an administrative framework under which specific public facilities strategies may be implemented and coordinated; c) Outline the anticipated demand for public facilities and services arising from the development of the Bella Vista and Kellyville Station Precincts; d) Ensure that adequate public facilities are provided for as part of any new development in the Bella Vista and Kellyville Station Precincts; e) Provide a comprehensive strategy for the assessment, collection, expenditure, accounting and review of development contributions in the Bella Vista and Kellyville Station Precincts; f) Ensure that the existing community is not burdened by the provision of public amenities and public services required as a result of future development; and g) Enable the Council to be both publicly and financially accountable in assessment and administration of the development contributions plan.

2.5 Application of the Plan When a development application for residential development, non-residential development (resulting in new floor space or an increase in existing floor space) or mixed-use development is lodged and relates to land to which this plan applies, Council shall levy contributions on development in accordance with the provisions of this Plan. A summary of the application of this contributions plan with respect to different development types is provided below:

Residential Development: Contributions payable calculated based on the application of the residential contribution rate established under this plan to the residential development yield proposed. Non-Residential Development: Contributions payable calculated based on the application of the non-residential contribution rate established under this plan to the area of new or additional non-residential floor space proposed. Mixed Use Development: Contributions payable for mixed-use development will relate to both the residential and non-residential component of the development. This will be calculated based on the application of the residential contribution rate to the residential development yield proposed and the application of the non-residential contribution rate to the area of new or additional non-residential floor space proposed.

A Contributions Plan becomes part of the development control process under the EP&A Act by virtue of Sections 4.17 (former Section 80A) and 7.11. The provisions of this plan are one of a number of considerations that are relevant when Council determines a development application in accordance with Section 4.16 (former Section 80) of the Act.

2.6 Commencement of this Plan This contributions plan has been prepared pursuant to the provisions of Section 7.11 of the EP&A Act and Part 4 of the EP&A Regulations 2000 and takes effect from the date on which public notice is published, pursuant to clause 31(4) of the EP&A Regulation.

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2.7 Relationship with other plans and policies The development contributions plan supplements the provisions of The Hills Local Environmental Plan and any amendment or local environmental plan which it may supersede.

2.8 Policies & Procedures on the Levying and Payment of Contributions The following sections describe the policies and procedures involved in levying and payment of developer contributions under this plan including method/timing of payment, planning agreements, deferred/periodic payment, obligations of accredited certifiers with respect to construction certificates/complying development, savings and transitional provisions, credits/offsets for works-in-kind, calculation of contributions rates and review and monitoring process of the plan.

2.9 Method of Payment Council will accept Section 7.11 payments in one, or a combination, of the following methods:

Monetary Contribution This is the most common method of payment. However, as discussed below, payment can be offset by the provision of a material public benefit that is identified in the Contributions Plan.

Material Public Benefit (Works-in-Kind) Where an applicant makes a written request and Council in its absolute discretion determines that it is appropriate, an applicant may provide a material public benefit (commonly referred to as works-in-kind) in part, or full, satisfaction of a monetary contribution. Any written request must demonstrate that the works in kind are of equivalent or greater benefit to the community compared to what has been identified under this Contributions Plan.

The works must be included in the works schedule as set out in Part C. The cost of the work will be offset against the contribution required for the same facility category only. For example if the works relate to the embellishment of a local park the cost of the works would be offset against the required open space contribution. The amount of the offset will be as agreed by Council and will not exceed the cost allocation for the works included in the Contributions Plan.

In assessing such a request, Council will generally take into account the following:

whether the proposed works in kind will be to a suitable standard for Council to eventually accept; finalisation of, or consistency with, the detailed design of the facilities; the submission of plans and cost estimates to Council of the proposed works to be undertaken by the applicant; whether the location, siting and design of the proposed works has regard to the Development Control Plans applying to the Bella Vista and Kellyville Station Precincts and this Contributions Plan; the timing of completion and future recurrent costs including staffing and maintenance and future management (particularly if a work to a higher standard is proposed); financial implications for cash flow and whether the proposed works pre-empt the future orderly implementation of the works identified in the works schedule;

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Council may consider works to a higher standard than the Contributions Plan allowance, however no reimbursement of additional costs will be provided; and future dedication, handover and management arrangements.

Dedication of Land (identified within this Contributions Plan) Council will generally not accept the dedication of land (identified for public purposes under this plan) to offset the required monetary contribution. Rather the developer will be required to pay the full contribution relating to land acquisition.

If the acquisition of the land is funded through this Contributions Plan, the value of the land can then be negotiated separately between the applicant and Council, and a value formally agreed upon prior to payment. An appropriate condition may be included in any consent applying to land identified for public purposes to ensure that the land is transferred to Council. These consents would require satisfactory arrangements being made with Council’s Manager – Infrastructure and Transport Planning.

2.10 Planning Agreements In accordance with Section 7.4(1) (former Section 93F) of the EP&A Act, a planning agreement is a voluntary agreement or arrangement between a planning authority and a developer under which the developer agrees to make contributions towards a public purpose. A planning agreement may wholly or partly exclude the application of Section 7.11 to the development that is subject of the agreement.

The provisions of Section 7.4 to 7.10 (former Section 93L) of the EP&A Act and accompanying Regulation prescribe the contents, form, subject matter and procedures for making planning agreements. Any person seeking to enter a planning agreement should firstly submit a proposal in writing to Council, documenting the planning benefits and how the proposal would address the demands created by development for new public infrastructure, amenities and services.

2.11 When must Contributions be paid? Where Section 7.11 contributions are payable under this plan, they must be paid in full, as follows:

Development Applications involving subdivision only, for the purpose of individual residential allotments (to accommodate an individual dwelling and/or dual occupancy): Prior to issue of Subdivision Certificate.

Development Applications involving building work only: Prior to the issue of a Construction Certificate.

Combined Development Applications for subdivision and building works: Prior to the issue of a Construction Certificate.

Combined Development Applications for development and building works: Prior to the issue of a Construction Certificate.

If individual construction certificates are submitted for different stages of the development, payment is required in full for the total development or stage (if approved and conditioned in accordance with Clause 2.12 of this plan) prior to the issue of the first construction certificate for that development or stage.

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2.12 Deferred or Periodic Payment Council will only permit deferred or periodic payment where development is staged. The stages of development and relevant contribution payment for each stage must be clearly documented in the conditions of consent. In this regard a Section 4.55 modification of consent is required if proposed staging of development is not reflected in the original consent.

For development which is staged, Section 7.11 contributions must be paid at the rate applicable at the time of subdivision or construction certificate, for at least the number of additional lots/dwellings for which subdivision or construction certificate release is sought.

For each stage, the calculation of the number of lots/dwellings for which contributions are payable will count any residue lot as a single lot.

For example: Stage 1: 20 residential lots and one residue lot are created from one original lot. Contributions would be payable for 20 lots (20 + 1 residue less 1 existing lot).

Stage 2: 20 residential lots are created from the residue lot. Contributions would be payable for 19 lots (20 lots less the one existing residue lot).

This method ensures that contributions are paid for the total number of additional lots created from an original lot/s. In the example, 40 lots are created from 1 existing lot and contributions are payable for 39 additional lots.

2.13 Construction Certificates and the obligations of accredited certifiers In accordance with Section 6.8 of the EP&A Act and clause 146 of the EP&A Regulation, a certifying authority must not issue a construction certificate for building work or subdivision work under a development consent unless it has verified that each condition requiring the payment of monetary contributions has been satisfied.

In particular, the certifier must ensure that the applicant provides a receipt confirming that contributions have been fully paid and copies of such receipts must be included with copies of the certified plans provided to the Council in accordance with clause 142(2) of the EP&A Regulation. Failure to follow this procedure may render such a certificate invalid.

The only exceptions to the requirement are where a works in kind, material public benefit, dedication of land or deferred payment arrangement has been agreed by the Council. In such cases, Council will issue a letter confirming that an alternative payment method has been agreed with the applicant.

2.14 Complying development and the obligations of accredited certifiers In accordance with Section 7.21 of the EP&A Act accredited certifiers must impose a condition requiring monetary contributions in accordance with this Contributions Plan.

The conditions imposed must be consistent with Council’s standard Section 7.11 consent conditions and be strictly in accordance with this Contributions Plan. It is the professional responsibility of the accredited certifiers to accurately calculate the contribution and to apply the Section 7.11 condition correctly.

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2.15 Credit for existing development The payment of contributions is applicable to any development within the Bella Vista and Kellyville Station Precincts which will increase the residential population or non- residential floor space within the precinct over and above the current population and which will create demand for the provision of infrastructure.

For the purposes of calculating contributions payable under this plan a credit will be made available for any existing lot with an approved residential development that existed on or before the adoption of the Section 7.11 Contributions Plan – Bella Vista and Kellyville Station Precincts. Council may issue a credit to the value of the existing approved population on site, consistent with the occupation rate outlined in Section 3.1 of this plan.

However, any parcel that was vacant on or before the adoption of this plan which did not generate a demand for works or facilities of the type to be levied for under this plan, and for which no previous contribution under Section 7.11 of the EP&A Act has been made, shall upon subdivision or development for residential purposes be liable for the payment of contributions in accordance with this Contributions Plan.

In short, Section 7.11 credits will not apply to existing vacant parcels.

2.16 Savings and transitional arrangements A development application which has been submitted prior to the adoption of this plan but not determined shall be determined in accordance with the provisions of the plan which applied at the date of determination of the application.

2.17 Exemptions As stated in Section 2.5 this Contributions Plan applies to all development applications for residential and non-residential development. The only exemptions allowed are those the subject of a direction from the Minister for Planning under Section 7.17 of the EP&A Act.

2.18 Pooling of contributions This plan expressly authorises monetary Section 7.11 contributions paid for different purposes to be pooled and applied (progressively or otherwise) for those purposes. The priorities for the expenditure of the levies are shown in the works schedule.

2.19 Calculation of Contributions Net Present Value Method The contribution formula has been arrived at having regard to the Development Contribution Practice Notes issued by the then Department Infrastructure Planning and Natural Resources (DIPNR) in July 2005. These notes provide Council with two options, either a calculation based on nominal values or a net present value (NPV) methodology.

To ensure that the value of contributions is not eroded over time, the proposed method of contribution calculation is based upon a NPV methodology. This approach is a standard financial accounting tool which discounts future cash flows to account for the fact that funds received or spent today are worth more than future funds.

Contributions Formula The formula uses a discounted cash flow model, to calculate the contribution rate per person or m2 of additional non-residential floor area. The model covers a period of 25 years (life of the Contributions Plan). The following elements are used in this calculation:

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Land Acquisition Index The land acquisition indexation assumption is based upon an average of the annual percentage change in the Australian Bureau of Statistics Established House Price index for Sydney over the past 15 years from June 2005 to June 2019.

Capital Expenditure Index The capital expenditure indexation assumption is based upon an average of the annual percentage change in the Australian Bureau of Statistics Producer Price Index for New South Wales over the past 15 years from June 2005 to December June 2020. Open space expenditure is indexed based on the Producer Price Index (Non-Residential Building Construction). Transport and traffic expenditure is indexed based on the Producer Price Index (Road and Bridge Construction).

Administrative Costs Index Administrative costs will be indexed at 2.5% which represents the midpoint of the Reserve Bank of Australia’s inflation target of 2-3%, on average over the cycle.

Indexed Expenditure Total of Indexed land acquisition, capital or administrative costs.

Revenue Projections Revenue will be indexed at 2.5% which represents the midpoint of the Reserve Bank of Australia’s inflation target of 2-3%, on average over the cycle.

Cash Flow Revenue projections will be calculated by multiplying the estimated additional population (see Table 5 in Section 3.1) by the contribution rate per person, and will be indexed at 2.5% which represents the midpoint of the Reserve Bank of Australia’s inflation rate of 2- 3 per cent, on average over the cycle.

Discount Rate Methodology based on IPART technical paper July 2015 and IPART Fact Sheet ‘Latest discount rate for use in local development contributions plans’ dated September 2015. Nominal discount rate based on the 10-year Commonwealth bond yield plus IPART’s estimate of the debt margin (half of the rate spread between the 10-year Commonwealth bond and non-financial corporate A-rated 10-year debt and a margin of 12.5 basis points to allow for the cost of raising debt).

Formula (Residential Development) The Contribution rate per person (for residential development) is determined on the basis that the NPV (Net Cash Flow) at the Discount Rate over the total life of the plan is neutral. This is calculated using the following formula for each facility category:

PV Costs)( PV(Re venue)

N 2 DC N t DC PV(cos ts) N1 DC .... 1 r 1 r t

Where: N (i) = No. of persons in year (i) DC = development contribution ($ in year 1 of CP) r = discount rate (%) t = time in years

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From the equation above:

PV (Costs) = PV [(No. of persons) * (Development Contribution)]

Therefore:

PV (Development Contribution) = PV [(Costs) / (No. of persons)]

The contribution rate per dwelling/lot is determined by the contribution rate per person multiplied by the assumed occupancy rate (see Table 5).

Formula (Non-Residential Development) The Contribution rate per square metre (for non-residential development) is determined on the basis that the NPV (Net Cash Flow) at the Discount Rate over the total life of the plan is neutral. This is calculated using the following formula for each facility category:

PV Costs)( PV(Re venue)

N 2 DC N t DC PV(cos ts) N1 DC .... 1 r 1 r t

Where: N (i) = No. of square metres in year (i) DC = development contribution ($ in year 1 of CP) r = discount rate (%) t = time in years

From the equation above:

PV (Costs) = PV [(No. of square metres) * (Development Contribution)]

Therefore:

PV (Development Contribution) = PV [(Costs) / (No. of square metres)]

The contribution rate per square metre is payable for any new or additional non- residential Gross Floor Area created by a development.

2.20 Review and Monitoring Of Plan This plan will be subject to regular review by Council in accordance with the provisions of the EP&A Regulation. The purpose of such a review is to ensure that:

levels of public service and amenity provisions are consistent with likely population trends and community needs; contribution levels reflect changes to construction costs and land values; the work program can be amended if the rate of development differs from current expectations.

The contribution rates and works program for this plan have been formulated using information available at the time of writing. A number of variables will be monitored to facilitate the review process. Some of these are listed below:

lot production and dwelling construction; potential development remaining;

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construction costs; land costs; projected development rate; assumed occupancy rates; anticipated population; and indexation assumptions.

Any changes to the Contributions Plan, apart from minor typographical corrections, will be placed on public exhibition in accordance with the requirements of the EP&A Act and Regulation.

2.21 Timing of Provision The implementation of the various facilities and services has been prioritised according to the particular needs of the incoming population and is linked to the projected staging of development. The ability to deliver a particular facility is largely dependent upon the rate of development Bella Vista and Kellyville Station Precincts, and the corresponding receipt of contributions by Council.

Overall, the population projections contained within this plan are based upon a 25 year timeframe. It is intended that facilities identified within the works schedule to the Contributions Plan will be delivered within this time period. A summary of the program of works by facility category is included in Table 8. Monitoring of the plan in accordance with subsection 2.20 will allow for review and adjustment of population projections and the works schedule as required.

2.22 Financial Information The following section documents what financial information is held and maintained by Council in accordance with Environmental Planning & Assessment Act and Regulations. Council maintains a separate accounting record for this Contributions Plan. It contains details concerning contributions received and expended, including interest earned, for each service or amenity provided.

This record will be held at Council's Corporate and Financial Services Division and will include:

the various kinds of public amenities or services for which expenditure is authorised by the plan; the total amounts received by way of monetary contribution for the different facility categories; the amounts paid for different facility categories which have been pooled and progressively applied; and the total amounts spent in accordance with the plan for the different facility categories.

Council will also prepare a statement with respect to this plan and other contribution plans as soon as practical after the end of each year in its annual financial report. This statement will include:

the opening and closing balances of money held by Council for the accounting period; the total amounts received by way of monetary contribution for the different facility categories; the total amounts spent in accordance with the plan for the different facility categories; and

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the outstanding obligations of Council to provide works for different facility categories for which contributions have been received.

A Contributions Register will also be maintained and may be inspected on request. This Register will include:

details of each consent for which a Section 7.11 condition has been imposed; the nature and extent of the contribution required by the condition for each facility category; the name of the Contribution Plan the condition was imposed under; and the date any contribution was received and its nature and extent.

2.23 When did this plan come into force? This Plan came into force on [INSERT DATE].

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3 PART C: STRATEGY PLANS This section of the Plan outlines the anticipated development within the Bella Vista and Kellyville Precincts, the expected demand for new public facilities and infrastructure, and provides justification that the developer contributions are reasonable and appropriate through establishment of links (nexus) between the development and the need for new facilities and services.

3.1 Development Potential 3.1.1 Development and Facility Needs Council can only levy Section 7.11 contributions where development will, or is likely to, require the provision of, or increase in the demand for, public facilities and services. It is therefore necessary to establish a link or nexus between the development anticipated within the Bella Vista and Kellyville Station Precincts and the need for public facilities and services.

The dwelling, population and non-residential development forecasts outlined in this section are therefore crucial elements in the overall Contributions Plan. It is upon these forecasts that the majority of planning decisions are based.

3.1.2 Existing Population There is currently one (1) dwelling within the Bella Vista and Kellyville Station Precincts, with an assumed population of 3.4 persons. The infrastructure planning undertaken by Council and documented within this Contributions Plan is based upon the demands which would be generated by the additional population expected within the Bella Vista and Kellyville Station Precincts, over and above this existing population.

3.1.3 Development Potential: Future Population and Commercial Floor Space The Bella Vista and Kellyville Station Precincts will undergo significant transformation and redevelopment as a result of the Sydney Metro Northwest. The Precincts form part of the NSW Government’s North West Rail Link Corridor Strategy (2013), Council’s The Hills Corridor Strategy (2015). On 1 December 2017 land within the Bella Vista and Kellyville Station Precincts was rezoned by the State Government as part of the Planned Precincts Program to facilitate high density residential and commercial development. The rezoning enabled a significant increase in new dwellings, population and commercial floor space within the Precincts.

The land to which this plan applies (shown in Figure 1) has potential to accommodate approximately 6,570 7,047 dwellings (7,046 additional dwellings) which equates to approximately 12,910 13,848 people (13,845 additional people) and 161,736m2 176,736m2 of additional non-residential floor space gross floor area for retail and commercial uses. The dwelling and non-residential floor space projections are based on the development forecasts undertaken as part of the State Significant Development Applications for Kellyville (SSD 10343) and Bella Vista (SSD 10344), which were lodged with the Department of Planning, Industry and Environment by Landcom on behalf of Sydney Metro.

Table 5 provides a summary of the estimated dwelling yield and population within the Bella Vista and Kellyville Station Precincts. Occupancy rates have then been applied to each dwelling type to project the likely population within the area, based on the 2016 Census data for The Hills Local Government Area (LGA). The population projections for the Bella Vista and Kellyville Station Precincts are based upon a 25 year time frame and assume 100% uptake of residential development opportunities within these areas.

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The table also provides a summary of the estimated non-residential floor space likely to be achieved within the Bella Vista and Kellyville Station Precincts. The amount of potential non-residential floor space has been calculated based on the uptake projections provided as part of the State Significant Development Applications mentioned above.

Super-lot Units Population* Non Residential (GFA) Kellyville Precinct Lot A 366 718 7,033 Lot B 463 911 3,703 Lot C 277 544 - Lot D 298 585 - Lot E 251 494 - Lot F 255 501 - Other 367 721 - 411 808 Bella Vista Precinct Lot A1/A1.1 205 403 1,000 Lot A2 189 371 - Lot A2.1 285 560 - Lot A2.2 318 625 - Lot B1 264 519 - Lot B1.1 248 487 - Lot B2 - - 16,250 Lot B3 189 371 - Lot 3.1 189 371 - Lot 3.2 420 825 - Lot 3.3 382 751 - Lot 3.4 67 132 - Lot 3.5 85 167 - Lot B4 492 967 - Lot C.1 - - 26,200 Lot C1.1 - - 32,200 Lot C1.2 - - 37,300 Lot C2 - - 25,500 Lot C2.1 - - 100 Lot C2.2 - - 27,450 Lot C2.3 471 926 - Other 490 963 - 922 1,812

Existing Dwellings 1 3.4 - Total Additional 7,046 13,845 Dwellings and - 6,570 12,910 Population Additional Non- - - 176,736 Residential GFA Table 5 Projected Dwellings, Population and Non-Residential Floor Space

* Population has been calculated based on the 2016 Census data for The Hills Local Government Area (LGA) and an anticipated mix of units as follows: - 1 Bedroom Units: 25% of all units with an occupancy rate of 1.5 persons per unit; - 2 Bedroom Units: 60% of all units with an occupancy rate of 2 persons per unit; - 3 Bedroom Units: 15% of all units with an occupancy rate of 2.6 persons per unit; - Average Occupancy Rate for all Units: 1.965 persons per unit.

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The Lot Identification Plans for the Kellyville and Bella Vista Precincts are shown below.

Figure 2 Reference Scheme – Bella Vista (Hassell Studio 2019)

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Figure 3 Reference Scheme – Kellyville (SJB Urban 2020)

3.1.4 Demand for Public Facilities and Services A key principle of Section 7.11 is to demonstrate a relationship between the anticipated development and the demand for the additional local infrastructure to be provided through a Contributions Plan. The demonstration of this relationship between new development and such demand is a core requirement of a valid Contributions Plan.

A range of facilities and services have been identified as being required to address the impacts of the expected development, including:

Open Space Facilities; Community Facilities (No community facilities are proposed to be funded through this plan); Transport and Traffic; Water Management; and Plan Administration Costs.

The following section of the Contributions Plan identifies the nexus between the proposed development and the facilities or services listed above, specifies the appropriate level of apportionment (if any), and provides a brief description of the proposed works.

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3.2 Open Space Facilities 3.2.1 Open Space Demand and Proposed Facilities The additional population anticipated within the Bella Vista and Kellyville Station Precincts is not catered for within Council’s existing open space network and has not been accounted for under any existing contributions plan. Accordingly, the additional population will increase demand for both active and passive forms of open space beyond what is currently catered for within the existing and planned open space network.

Based on the traditional benchmarks for greenfield locations (2.83 ha per 1,000 population) an additional population of 12,910 13,848 people (13,845 additional people) would generate demand for approximately 36.5 39.18 hectares of open space comprising approximately 15.6 16.6 ha of active open space and 20.9 22.57 ha of passive open space. However, given the high density urban character of the Precincts and the high cost of land, the provision of open space at these benchmark rates would not be feasible. The following section provides an overview of the forecast demand and proposed provision of open space to meet the needs of the future population within the Precinct.

Active Open Space Demand Currently, within The Hills Shire Local Government Area, playing fields are provided at a rate of approximately 1 field per 2,144 persons. Based on the existing level of service provision, an additional population of 12,913 13,845 people would generate the need for 6 6.5 additional playing fields. However, in recognition of the difficulties associated with the provision of active open space within high density areas Council’s Recreation Strategy 2019 includes a benchmark level of service provision for new high density development of 1 playing field per 2,000 high density dwellings. Based on this benchmark the future growth within the corridor would generate demand for 3.23 3.52 playing fields. When applying this threshold requirement, a total of 4 playing fields will be required to satisfy the additional demand.

Active Open Space Proposed To address the demand for active open space, it is proposed that the Caddies Creek Sporting Complex will be expanded by 9.5 hectares to accommodate an additional 4 single playing fields (allowing for 1 cricket oval) and associated parking, amenities, playground, pathways and planting. It is noted that around 7.1ha of land will be transferred to Council and funded through the State Government’s Special Infrastructure Contribution Framework and other programs. This Plan includes the full the cost of the remaining 2.4ha of land (owned by Sydney Metro) and the full cost of embellishing the facility.

The demand for the above active open space is solely generated by the residential development within the Bella Vista and Kellyville Precincts and it is therefore appropriate that residential development within these areas be subject to the full cost of providing this open space facility. Furthermore the above infrastructure is consistent with the NSW State Government’s Finalisation Report for the Kellyville Station Precinct which contains an infrastructure schedule which requires the land to be used for the expansion of the sport fields.

Passive Open Space Demand The purpose of passive open space is to provide informal play space and opportunities for supervised play within convenient walking distance from any given residence. The State Significant Development Applications for Kellyville and Bella Vista were supported by a Social Infrastructure and Open Space Assessment, prepared by Elton Consulting in August 2019. The assessment recommended that a total of around 8ha of open space to be distributed across:

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6 to 8 local parks with an average park size of 0.4ha and a minimum size of 0.2ha (3.0 ha in total) located within 200m walking distance of residents. These parks can include pocket parks, play space for very young children, play space for older children and local recreation space such as sports courts.

One large district park of approximately 3ha central to both precincts, that includes a mix of active and passive activities and a common or plaza suited to community gatherings. We would also recommend that this space cater for local sport facilities such as training and informal sport matches. It could also be designed as a shared use space with the local primary school. In order for this space to be shared use, there would need to be careful design and good management agreements in place.

A high quality linear open space along the length of Elizabeth Macarthur Creek (approximately 2ha) that is within 10 minutes walking or 800m to residents' (400m preference for high density areas) to residents and wide enough to comfortably accommodate cyclists and pedestrians.

Passive Open Space Proposed It is proposed to meet the demand for passive open space through the provision of the following:

1.4 ha of land for two (2) local parks within the Bella Vista Precinct ranging in size from 3,815m2 to 6,650m2;

0.67 ha of land for one (1) neighbourhood park within the Kellyville Precinct;

1.05 ha of land under the viaduct (within the Kellyville Precinct) accommodating a small courts (as well as associated seating, lighting and fencing) which will cater for a combination of activities;

2.97 ha of land for a District Open Space within the Bella Vista Precinct adjoining the future primary school;

0.32 ha of land for two (2) town square urban plazas, located at each station, each with an area of 1,600m2;

1.67 ha of land for ‘riparian parks’ within the Elizabeth Macarthur Creek corridor and greenway link; and

2.4km of cyclepath along Elizabeth Macarthur Creek from Samantha Riley Drive to Celebration Drive.

The indicative location and area of these proposed passive open spaces is detailed within Figure 4, Location of Facilities.

With respect to land acquisition for these passive open spaces:

The proposed 1,600m2 urban plaza to the east of Bella Vista Station will be transferred as public land with both the land and capital costs of the plaza included within this Plan. Whereas the proposed plaza to the east of Kellyville station will remain in private ownership, with an easement for public right of access. Accordingly the land cost of the Kellyville urban plaza is not included within this Plan. All other local and neighbourhood parks funded within this plan will be transferred to Council.

Bella Vista and Kellyville Station Precincts S7.11 Contributions Plan Page 24

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The demand for this passive open space is solely generated by the residential development within the Bella Vista and Kellyville Precincts and it is therefore appropriate that residential development within these Precincts be subject to the full cost of providing these open space facilities.

3.2.2 Apportionment The demand for open space is principally generated by future residential development within the Precinct. It is therefore appropriate that only residential development be levied for the cost of delivering open space facilities.

3.2.3 Schedule of Works and Costs Estimates A schedule of open space to be levied under this plan is included in Table 7. Each facility to be provided can be located by reference to Figure 4, Location of Facilities.

3.2.4 Contributions Formula The method used to calculate the contribution rate for open space capital works and open space land acquisition is set out in Section 2.19.

Bella Vista and Kellyville Station Precincts S7.11 Contributions Plan Page 25

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3.3 Community Facilities 3.3.1 Community Facilities Demand and Provision The additional population anticipated within the Bella Vista and Kellyville Station Precincts will increase demand for community facilities such as libraries and multi-purpose community centre spaces. However, this population has not been catered for within Council’s existing network of community facilities and has not been accounted for under any existing contribution plans.

When the land was rezoned in November 2017 the NSW State Government’s Finalisation Reports recognised the need for a multipurpose community centre at either Kellyville Station or Bella Vista Station Precinct and recommended that these be funded through development contributions.

A Social Infrastructure and Open Space assessment, prepared by Elton Consulting in August 2019, was submitted with the Bella Vista and Kellyville State Significant Development Applications. The assessment identified that future growth within the corridor would generate demand for around 1,650m2 of community and library floor space.

The assessment recognised that co-locating community centre space with libraries can provide a much more efficient use of resources, by sharing common facilities rather than each facility having its own separate spaces and amenities. Larger and and more consolidated facilities provide efficiencies in terms of delivery costs as well as ongoing maintenance, management and staffing costs for Council. It also provides the opportunity for a significant piece of social infrastructure to be delivered that can meet the needs of the wider community. Co-location can also enhance synergies between services and encourage greater integration of service delivery. The assessment notes that any new facility should provide flexible, multipurpose space which is able to be used by a wide range of community members. Having the ability to provide for multiple concurrent uses also contributes to the vibrancy of a facility.

In order to ensure efficiency in service provision, any proposed facility would need to accommodate the increased demand within the corridor and the additional demand within the broader catchment. Any determination on the final location for a future facility would ultimately be informed by Council’s long term approach to asset management which will ensure an appropriate distribution of facilities throughout the Shire. In this regard the final size of the facility would need to be in the order of around 4,000m2 GFA, of which future growth within the Bella Vista and Kellyville Precincts would contribute toward around 1,650m2.

The Plan levies development for 1,600m2 of land for a potential community facility to the east of Bella Vista Station.

As the State Governments Essential Works List does not include the capital costs of community facilities, the contributions plan will not include any capital funding for community facilities. It is anticipated that a VPA with Lancom would address both the land and capital contribution towards community facilities. If a decision is made to deliver a larger facility at this location, the cost of delivering any additional floor space beyond the 1,650m2 which is linked to the demand from the Precincts would need to be funded from alternative funding sources.

Bella Vista and Kellyville Station Precincts S7.11 Contributions Plan Page 26

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3.3.1 Apportionment The demand for community facilities is principally generated by future residential development within the Precinct. It is therefore appropriate that only residential development be levied for the cost of delivering open space facilities.

3.3.2 Schedule of Works and Costs Estimates A schedule of open space to be levied under this plan is included in Table 7. Each facility to be provided can be located by reference to Figure 4, Location of Facilities.

3.3.3 Contributions Formula The method used to calculate the contribution rate for open space capital works and open space land acquisition is set out in Section 2.19.

Bella Vista and Kellyville Station Precincts S7.11 Contributions Plan Page 27

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3.4 Transport Facilities 3.4.1 Transport Facilities Demand and Provision The traffic and transport network within and around the Bella Vista and Kellyville Precincts will be subject to a number of major improvements to support future residential and non-residential development. Of the overall traffic and transport infrastructure required to support future development, the following items are funded within this Plan:

Three (3) signalised intersections at:

o Balmoral Road/ Mawson Avenue; o Balmoral Road/ Celebration Drive; and o Brighton Drive/ Celebration Drive.

Two (2) dual lane circulating roundabout at:

o The new road near Colonial Street Vehicular Bridge (Kellyville Precinct); and o North of District Open Space (Bella Vista Precinct).

Two (2) intersection upgrades at:

o Samantha Riley Drive/ Decora Drive: Provision of a left slip into the Kellyville precinct from the eastern approach of Samantha Riley Drive; and o Memorial Avenue and Bella Vista Collector Road (Bella Vista Precinct) – Left-in Left-out intersection.

One (1) vehicular bridge over Elizabeth Macarthur Creek at Colonial Street.

Two (2) pedestrian/cycle bridges over Elizabeth Macarthur Creek (one near Unaipon Avenue Place/ Celebration Drive Intersection and the second near Decora Drive and Wenden Avenue).

One (1) pedestrian bridge over Memorial Avenue.

All local roads, asset relocation, water management devices, footpaths, street tree planting, traffic management devices and treatment of local roads (both temporary and permanent) not identified for funding under this plan and located within or adjacent to the Precincts will be considered as part of the works associated with individual developments within the Precincts and will be provided (including the dedication of land) at no cost to Council. This plan does not include any value for the acquisition of this land.

In recognition of this, Clause 8.2 (Exceptions to Floor Space Ratio) of LEP 2012 provides that where land for the purpose of roads is dedicated to Council, at no cost, the gross floor area potential which could have otherwise been achieved on this land may be transferred to other land within the development.

This provision, which allows a Developer to ‘transfer’ development potential from dedicated lands, ensures that a Developer’s overall yield is not decreased as a result of dedicating land to Council and is considered to provide appropriate compensation for the Developer associated with any dedication.

Accordingly, unless the acquisition of the land is specifically funded under this plan, land within the Precincts which dedicated to Council for the purpose of roads will be at no cost to Council and the Developer will not be eligible for any financial compensation or reduction in Section 7.11 payable as a result of dedicating this land to Council.

Bella Vista and Kellyville Station Precincts S7.11 Contributions Plan Page 28

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3.4.2 Apportionment The need to provide the traffic facilities funded through this Plan is generated by both residential and non-residential development within the Bella Vista and Kellyville Precincts. It is therefore appropriate that all development within the Precincts be subject to the full cost of providing these traffic facilities.

Precinct Level Apportionment The cost of providing traffic facilities is apportioned between residential and non- residential development based on the extent of traffic generation associated with each use. To determine an appropriate apportionment rate, vehicle generation rates specified in the RMS Guide to Traffic Generating Developments have been applied to the anticipated residential and non-residential development yields as follows:

Vehicle Generation Daily Vehicle Development Type Yield % Rate (RMS) Trips

6,571 19,056 38% Residential 2.9 per unit 7,047 units 20,436 39%

Non-Residential 151,000m2 10 per 100m2 GFA 15,100 62% (other than retail) 61% Non-Residential (Retail) 25,736m2 63 per 100m2 GLFA 16,214

Total 50,370 100% Table 6 Traffic Generation and Apportionment

Based on the above, 38% 39% of the cost of traffic infrastructure within this plan is apportioned to residential development within the Precincts, while the remaining 62% 61% is apportioned to non-residential development within the Precincts.

While the specific traffic generation resulting from each individual development within the Precinct would vary, this high level estimation based on traffic generation rates provides a suitable method of apportioning costs for traffic infrastructure at a strategic level.

3.4.3 Schedule of Works and Cost Estimates A schedule of Traffic and Transport Facilities to be levied under this plan is included in Table 7. Cost estimates are included for capital works. Each facility to be provided can be located by reference to Figure 4, Location of Facilities. This Figure identifies the location of all traffic and transport facilities funded through this Plan.

3.4.4 Contributions Formula The formula used to calculate the contributions rate for traffic facility capital works is set out in Section 2.19.

Bella Vista and Kellyville Station Precincts S7.11 Contributions Plan Page 29

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3.5 Water Management 3.5.1 Water Management Demand and Provision The State Significant Development Applications for the Bella Vista and Kellyville Precincts were supported by a Stormwater Management Plan, prepared by Wood and Grieve Engineers, September 2019. The purpose of the Plan was to outline a Strategy for stormwater management and water sensitive urban design (WSUD) within the Precinct.

The Strategy identified stormwater discharge from development blocks would be via Council’s public infrastructure within the road reserve and then ultimately into Elizabeth Macarthur Creek. The Stormwater Management Plan identified that Sydney Water’s stormwater pollutant reduction targets can be met through the implementation of the following treatment devices:

Tree pits – proposed within public road reserves to provide treatment through infiltration; Public reserve/open space infiltration – natural infiltration in pervious areas within public reserves; Rainwater re-use – installation of a proposed subsurface district park rainwater storage tank; and Gross Pollutant Traps (GPTs) – upstream installation of GPTs for each Elizabeth Macarthur Creek discharge point.

This Plan proposes to levy development for GPTs at the following locations:

Riparian Open Space (North of Wuban Avenue); Riparian Open Space (East of Kellyville Neighbourhood Park); East of Bella Vista Local Park (North); Riparian Open Space (South-East of District Open Space); Riparian Open Space (North-East of District Open Space); and Near the intersection of Memorial Avenue and new Precinct Road.

The Plan also levies development for rainwater reuse infrastructure within the future Bella Vista District Park. Stormwater runoff from pervious areas in the District Park would be collected via in-ground infiltration and a subsoil drainage network and discharge to a rainwater reuse system.

3.5.2 Apportionment Future residential development will be levied for the cost of delivering the water management devices.

3.5.3 Schedule of Works and Cost Estimates A schedule of Water Management Facilities to be levied under this plan is included in Table 7. Cost estimates are included for capital works. Each facility to be provided can be located by reference to Figure 4, Location of Facilities. This Figure identifies the location of all water management facilities funded through this Plan.

3.5.4 Contributions Formula The formula used to calculate the contributions rate for water management works is set out in Section 2.19.

Bella Vista and Kellyville Station Precincts S7.11 Contributions Plan Page 30

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3.6 Plan Administration 3.6.1 Administration and Plan Preparation The preparation, on-going review, and implementation of this Contributions Plan requires significant Council resources. This includes allocation of time from Forward Planning, Finance, Services Delivery and Community Development staff together with professional fees, to prepare and review the Contributions Plan.

Once the plan is in place, further staff time will be required to manage the contributions system which includes the calculation and recording of contribution payments as well as monitoring of development, population, works schedule expenditure and indexation assumptions. The costs associated with the preparation and administration of this plan will therefore be levied for under this Contributions Plan.

3.6.2 Apportionment All development will fund plan preparation and ongoing administration costs over the life of the plan. The value of administrative costs has been apportioned between residential and non-residential development based on the total value of works apportioned to each type of development under the Contributions Plan.

3.6.3 Schedule of Works and Cost Estimates The administrative costs to be levied for under this Contributions Plan are detailed in Table 3. The administrative cost to be levied for under this Contributions Plan is based on the benchmark rate recommended by the Independent Pricing and Regulatory Tribunal of 1.5% of the total value of works within a Contributions Plan.

3.6.4 Contributions Formula The formula used to calculate the contributions rate for administration costs is set out in Section 2.19.

Bella Vista and Kellyville Station Precincts S7.11 Contributions Plan Page 31

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3.7 Work Schedule The development projections contained within this plan are based upon a 25 year timeframe. It is intended that the facilities identified within the works schedule to the Contributions Plan will be delivered within this time period. A summary of the program of works by facility category is included in Table 7. Monitoring of the plan in accordance with Section 2.20 will allow for review and adjustment of development projections and the works schedule as required.

The capital items in the works schedule to this Contributions Plan have been costed based on a combination of the following:

Cost Estimates supplied by Landcom as part of the preparation of the State Significant Development Applications for the Bella Vista and Kellyville Precincts (SSD 10343) and Bella Vista (SSD 10344); IPART Benchmark Costs for Local Infrastructure Contributions; Rawlinsons Construction Cost Guide; and Actual cost estimates for specific items (where available).

The implementation of the various facilities and services will be prioritised according to the particular needs of the incoming population. The ability to deliver a particular facility is largely dependent upon the rate of development within the Bella Vista and Kellyville Precincts, and the corresponding receipt of contributions by Council.

Bella Vista and Kellyville Station Precincts S7.11 Contributions Plan Page 32

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d cost 462,000 642,024 921,305 403,748 801,368 150,000 150,000 150,000 966,138 462,000 403,748 150,000 150,000 283,999 796,019 150,000 3,742,920 2,312,527 1,140,760 6,625,920 3,944,365 4,088,488 1,478,400 1,043,261 8,741,591 8,104,320 3,656,128 2,466,000 4,195,524 26,423,190 31,681,529 20,470,741 12,449,585 Page 33 Page 33 Capital plus Lan

------466,570 325,571 6,985,991 6,625,920 1,495,354 6,625,920 1,433,556 19,189,590 10,933,581 18,707,749 11,442,425 and Acquisition

- 150,000 150,000 462,000 403,748 921,305 150,000 642,024 674,190 470,448 283,999 801,368 150,000 966,138 462,000 403,748 150,000 150,000 2,466,000 1,478,400 4,088,488 2,312,527 3,944,365 1,043,261 1,478,400 2,761,968 2,160,774 3,742,920 7,233,600 1,007,160 1,762,992 1,755,600 20,747,948 Total Cost - Capital works L

0% CP 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 10 Apportion to this e nct t Vehicular Bridge Bridge t Vehicular 100% Vista Collector Road Road Vista Collector t of District Open Space)t of District Open 100% t of District Open Space)t of District Open 100% Wuban Avenue) Wuban e inOne) inOne) o Wenden Avenue Avenue o Wenden (North) ctor Road to Colonial Street to Colonial ctor Road 100% n Avenue/ Celebration Drive Int

of Kellyville Park Neighbourhood (North) (North) (South) ecinct) ecinct) ta cinct)) cinct)) a e/ Decora Drive (Lot B) iaduct) iaduct)

) sta Station sta Station / Mawson Avenue Avenue / Mawson Drive / Celebration e/ Celebration Drive e/ Celebration s Plan s Plan Vista Rainwater Reuse) Rainwater Vista ath along creek (Kellyville Pre Caddies Creek Stage 2 Caddies GPT - East ofGPT Bella Vista Local Park Pedestrian Bridge - Decora Drive t Roundabout - New Road near Colonial Stree Item Only Land Community Vehicular Bridge - Kellyville Colle Vehicular Pede strian Bridge - Memorial Avenu - Samantha Riley Driv Upgrade - Balmoral Road Signalisation - Balmoral Road Signalisation - Brighton Signalisation Driv Pedestrian Bridge - Near Unaipo Roundabout - North of District Open Space in Bella Vista Preci (East GPT - Riparian Open Space GPT - Near intersection of Memorial Avenue and new Precinct Ro Local Park - Bella Vista (north) Local Park - Bella Vista (south Local Park - Kellyville (Under v P Path along creek (Bella Vista Pr (North of GPT - Riparian Open Space GPT - Riparian Open Space (North-Eas GPT - Riparian Open Space Riparian Open Space - Kellyville Riparian Open Space - Kellyville Riparian Open Space - Kellyville Urban Plaza Station Park Neighbourhood - Kellyville - Bella Vist District Open Space Urban Plaza - East of Bella Vi Administration & Plan preparation & Plan Administration GPT - Riparian Open Space (South-Eas Upgrade - Memorial Upgrade Avenue and Bella Riparian Open Space - Bella Vis Riparian Open Space Description (max 60 characters for F Coommunity Facility Coommunity Playing Fields Fields Playing Roundabout Water Management Water Management Water Management cost Administration Signalised Intersection Signalised Intersection Signalised Intersection Signalised Intersection Signalised District Park - Rainwater Reuse District Park (Bella Pedestrian Bridge Water Management Pedestrian Bridge Pedestrian Bridge Vehicular Bridge Water Management Water Management Account NumberCP18BVKRT1 CP18BVKRT2 Sub-category CP18BVKRT3 CP18BVKRT4 CP18BVKRT5 CP18BVKRT6 CP18BVKRT7 CP18BVKRT8 CP18BVKRT9 CP18BVKRT10CP18BVKRT11CP18BVKPF1 CP18BVKOSE1 Roundabout CP18BVKOSE2 Left In Out CP18BVKOSE3CP18BVKOSE4 Passive Open Space CP18BVKOSE5 Passive Open Space CP18BVKOSE6 Passive Open Space CP18BVKOSE7 Passive Open Space CP18BVKOSE8 Passive Open Space CP18BVKOSE9 Passive Open Space CP18BVKOSE10 Passive Open Space CP18BVKOSE11 Passive Open Space CP18BVKOSE12 Passive Open Space CP18BVKDR1 Passive Open Space CP18BVKDR2 Passive Open Space CP18BVKDR3 Passive Open Space CP18BVKDR4 CP18BVKDR5 CP18BVKDR6 CP18BVKDR7 CP18BVKCF1 CP18ADMIN Table Schedules 7: Works S7.11 Stati on Precincts Contribution Kellyville and Bella Vista

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------4,782 4,782 33,864 33,864 33,864 690,492 690,492 4,467,275

Page 34 Page 34

------4,782 33,864 33,864 690,492 33,864 31 FY32

3,742,920

4,782

33,864 ------4,782 4,782 ------724,356 4,782 33,864 1,558,014 833,658 43 FY44 FY45 4,782 - - - - -

33,864 ------1,350,678 1,993,264 33,864

4,782 - 4,782

33,864 690,492 -

33,864 ------1,350,678 33,864 3,297,401 4,782

4,782 1,345,896

33,864

33,864 1,131,240 828,160 ------2,011,023 438,900 472,764 4,782

4,782 1,345,896 47,455,478

33,864 ------

33,864 2,285,377 150,000 828,160 ------438,900 472,764 2,324,709 4,782

33,864

4,782 2,006,241 10,967,236 - - - - -

33,864 45,257,439 881,496 1,282,679 ------4,782

710,102 911,664

33,864 - - - - - 4,782 2,319,927 12,229,666 ------

33,864 9,300,140 1,483,232 150,000 33,864 4,782

251,068 -

877,800 33,864 4,782 705,321 9,209,018 - - -

33,864 937,519 8,191,340 2,616,000 450,943 4,782 4,782 3,844,470 s Plan s Plan

33,864 4,782 - 246,286 ------15,006,371 4,782 - - - - - 285,654

33,864 9,017,693 157,462 - - 4,782

- 3,348,606 462,000 33,864 22 FY23 FY24 FY25 FY26 FY27 FY28 FY29 FY30 FY31 FY32 - - - 4,782

- - - - - 34 FY35 FY36 FY37 FY38 FY39 FY40 FY41 FY42 FY43 FY44 FY45 4,782 - - - - - 27,262,949 285,654 - - - - -

33,864 7,734,587 - 462,000 150,000 6,625,920 - - - - - 4,782 4,782

251,790 33,864 4,782 ------4,782 - - - - - 33,864 33,864 4,782

- - - - - 33,864 503,580 300,000 837,444 ------

- 251,790 - 33,864

33,864 27,229,085 - - - - 119,544 119,544 7,969,568 8,089,112 7,969,568 Total Plan FY33 FY Total Plan FY21 FY

846,595 846,595 9,697,556 3,366,000 6,625,920 9,697,556 3,366,000 6,625,920 77,606,308 43,376,109 77,606,308 43,376,109 141,518,487 141,518,487

Residential Plan Total FY33 FY34 FY35 FY36 FY37 FY38 FY39 FY40 FY41 FY42 FY Residential Plan Total FY21 FY22 FY23 FY24 FY25 FY26 FY27 FY28 FY29 FY30 FY Total Total Non-Residential Open Space - Land Open Space - Capital Roads and Transport - Capital Water Management - Capital Community Facility - Land Costs Administration Non-Residential Open Space - Land Open Space - Capital Roads and Transport - Capital Water Management - Capital Community Facility - Land Costs Administration Total Open Space - Land - Space Open Capital - Space Open Roads and Transport - Capital Water Management Capital Community Facility - Land Administration Costs Open Space - Land Open Space - Capital Roads and Transport - Capital Water Management Capital Community Facility - Land Administration Costs Table 8: Summary of works program by facility category S7.11 Stati on Precincts Contribution Kellyville and Bella Vista

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Page 35 Page 35 s Plan s Plan Figure 4: Location of facilities S7.11 Stati on Precincts Contribution Kellyville and Bella Vista

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Page 36 Page 36 s Plan s Plan S7.11 Stati on Precincts Contribution Kellyville and Bella Vista

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Page 37 Page 37 s Plan s Plan S7.11 Stati on Precincts Contribution Kellyville and Bella Vista

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Page 38 Page 38 s Plan s Plan S7.11 Stati on Precincts Contribution Kellyville and Bella Vista

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Page 39 Page 39 s Plan s Plan S7.11 Stati on Precincts Contribution Kellyville and Bella Vista

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ITEM-3 DRAFT DEVELOPMENT CONTROL PLAN AMENDMENTS - CONSTRUCTION AND DEDICATION OF LOCAL ROADS (FP171)

THEME: Delivering & Maintaining Infrastructure

OUTCOME: 8 Infrastructure meets the needs of our growing Shire.

8.1 Provide new and refurbished infrastructure in a timely STRATEGY: manner that meets the needs of our growing Shire.

MEETING DATE: 9 MARCH 2021 COUNCIL MEETING

GROUP: SHIRE STRATEGY, TRANSFORMATION AND SOLUTIONS

PRINCIPAL COORDINATOR FORWARD PLANNING AUTHOR: BRENT WOODHAMS

MANAGER - FORWARD PLANNING RESPONSIBLE OFFICER: NICHOLAS CARLTON

EXECUTIVE SUMMARY This report recommends that Council publicly exhibit draft amendments to The Hills Development Control Plan 2012, the North Kellyville Precinct Development Control Plan and the Box Hill Precinct Development Control Plan to include a new clause which clarifies and reinforces that developers within greenfield release areas are responsible for the construction and dedication of local roads.

REPORT This report outlines proposed amendments to The Hills DCP 2012, North Kellyville Precinct DCP and the Box Hill Precinct DCP which seek to:

. Clarify the requirement for developers to construct local roads and dedicate the land to Council (at no cost); and

. Safeguard Council to the extent possible against potential future appeals by developers seeking to avoid their obligations with respect to the construction and dedication of local roads, claim reimbursement from Council or obtain a reduction in developer contributions payable.

1. BACKGROUND The requirement for developers to construct and dedicate local roads to Council, at no cost, as a condition of consent is a long-standing and typical requirement of all development within the Shire (especially within greenfield release areas). This requirement facilitates the provision of new local road networks within release areas which are required to enable adequate access to individual allotments within a development.

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Council’s Contributions Plans for release areas typically include funding for the delivery of major roads within a precinct. Council is unable to include the costs of acquiring and constructing local roads within contributions plans as IPART requires that Council secure the delivery of these roads through conditions of development consent, where possible. It is also acknowledged that the inclusion of local roads within contributions plans would result in prohibitively high contribution rates for development. Accordingly, the requirement for each individual developer to construct the portion of the local road network which adjoins their development site is considered the most reasonable and cost-effective method of ensuring new development is serviced by an adequate local road network. It also ensures that the burden of constructing local roads is shared between all developers within a precinct in the most equitable way possible within the current framework.

Despite this long-standing practice, there is increasing confusion amongst developers with respect to requirements for the provision of roads which are not otherwise funded within a contributions plan. This has culminated in recent instances of individual developers seeking to bypass the requirement to construct and dedicate local roads as part of their development or alternatively, seeking to offset the cost of road construction against the Section 7.11 contributions payable for their development.

In order to provide greater clarity to developers, recent draft amendments to a number of Council’s Contributions Plans have included new wording which reinforces the requirement for developers to construct and dedicate roads which are not funded through a contributions plan.

A number of Council’s Development Control Plans also include clauses relating to this requirement. However, it has become evident that greater clarification and reinforcement of this expectation is required within Council’s Development Control Plans.

2. PROPOSED AMENDMENTS To avoid confusion and disparity between contribution plans and DCPs, it is proposed to amend The Hills DCP 2012 (Part A – Introduction), the North Kellyville Precinct DCP (Part 3.1.1), and the Box Hill Precinct DCP (Part 3.3.1), to include the following wording:

“Despite any other provision of this Development Control Plan, where a local road or proposed local road is shown in this Development Control Plan on an allotment or allotments to which a development application relates and the applicable contributions plan does not require or authorise a monetary contribution towards the acquisition of that land or the construction of the road or associated asset relocation, water management devices, footpaths, street tree planting, traffic management devices and treatment, the development must include the dedication of that part of the allotment identified as local road or proposed local road to the Council free of cost together with the construction of the road and associated asset relocation, water management devices, footpaths, street tree planting, traffic management devices and treatment on any and all road frontages.”

Draft amendments to the relevant DCPs are provided as Attachments 1, 2 and 3 to this report (changes are highlighted in yellow).

The draft DCP amendments have been prepared having regard to the IPART Fact Sheet ‘Inclusion of roads in contribution plans 2019’ (Attachment 4) which supports the position that Councils should secure the delivery of local and collector roads through conditions of development consent.

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NEXT STEPS If supported by Council, the draft amendments to The Hills DCP 2012 (Part A - Introduction), the North Kellyville Precinct DCP and the Box Hill Precinct DCP will be publicly exhibited for a minimum of 28 days.

Council has delegation to amend Growth Centre Precincts DCPs (North Kellyville Precinct and Box Hill Precinct) subject to the requirement to provide copies of any draft amendments to the Secretary at the same time as publicly exhibiting the changes and at least 15 working days before making the amendments (following public exhibition).

IMPACTS Financial This matter has no direct financial impact upon Council's adopted budget or forward estimates. The amendments seek to protect Council and the community from financial burden associated with developers attempting to bypass the requirement to construct and dedicate local roads as part of their development.

Strategic Plan - Hills Future The proposed amendments will ensure consistency between Development Control Plans across the Shire and will clarify and reinforce the obligation for developers to construct and dedicate local roads at no cost to Council or the community. This will reduce confusion among Council’s customers and will promote orderly development outcomes within the Shire’s release areas.

RECOMMENDATION 1. Draft amendments to The Hills Development Control Plan 2012 (Part A - Introduction), the North Kellyville Precinct Development Control Plan and the Box Hill Growth Centre Precincts Development Control Plan (provided as Attachments 1, 2 and 3 respectively) be exhibited for a minimum of 28 days.

2. Copies of the draft amendments to the North Kellyville and Box Hill Growth Centre Precincts Development Control Plans (Attachments 2 and 3 respectively) be forwarded to the Secretary of the Department of Planning, Industry and Environment as per the requirements of Council’s delegation to amend the Plans.

ATTACHMENTS 1. Draft The Hills Development Control Plan 2012 – Introduction (24 pages) 2. Draft North Kellyville Growth Centre Precinct Development Control Plan, part 3 (52 pages) 3. Draft Box Hill Growth Centre Precincts Development Control Plan, part 3 (48 pages) 4. IPART Fact Sheet – Inclusion of Roads in Contribution Plans 2019 (2 pages)

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ATTACHMENT 1

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CONTENTS

1. INTRODUCTION ...... 1 1.1 NAME AND STATUS OF THE PLAN ...... 1 1.2 LAND TO WHICH THIS DEVELOPMENT CONTROL PLAN APPLIES ...... 1 1.3 PURPOSE OF THIS DEVELOPMENT CONTROL PLAN ...... 1 1.4 HOW TO USE THIS PLAN ...... 1 1.5 OBJECTIVES, OUTCOMES, PERFORMANCE CRITERIA AND DEVELOPMENT CONTROLS...... 2 2. DEVELOPMENT ASSESSMENT PATHWAYS ...... 2 2.1 EXEMPT DEVELOPMENT ...... 2 2.2 COMPLYING DEVELOPMENT...... 2 2.3 LOCAL DEVELOPMENT ...... 2 3. ADVERTISING & NOTIFICATION PROCEDURES ...... 3 3.1 MANDATORY ADVERTISING/NOTIFICATION...... 3 3.2 NOTIFICATION OF DEVELOPMENT APPLICATIONS ...... 3 3.3 NOTIFICATION TIMEFRAMES ...... 3 3.4 CIRCUMSTANCES WHERE NOTIFICATION IS NOT REQUIRED ...... 4 3.5 CONCILIATION CONFERENCES ...... 4 4. LODGING A DEVELOPMENT APPLICATION ...... 4 5. ECOLOGICALLY SUSTAINABLE DEVELOPMENT ...... 4 5.1 COUNCIL’S ESD OBJECTIVES ...... 4 5.2 ACHIEVING THE ESD OBJECTIVES ...... 5 6. CONSTRUCTION OF LOCAL TRANSPORT INFRASTRUCTURE ...... 5 7. GLOSSARY ...... 5 8. IMPORTANT DATES & DOCUMENT SPECIFICATIONS ...... 12 9. LIST OF AMENDMENTS ...... 13

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1. Introduction

1.1 NAME AND STATUS OF THE PLAN

This Development Control Plan has been prepared in accordance with Section 74C of the Environmental Planning and Assessment Act 1979 (EP&A Act) and Environmental Planning and Assessment Regulation 2000 (EP&A Regulation), and is to be referred to as ‘The Hills Development Control Plan 2012’.

The provisions of this Development Control Plan are amongst the considerations that are relevant when Council determines any application for development of land within the Shire.

1.2 LAND TO WHICH THIS DEVELOPMENT CONTROL PLAN APPLIES

This Development Control Plan applies to all land within The Hills Shire.

Note: Separate Development Control Plans apply to the growth centres precincts known as ‘North Kellyville’ or ‘The Hills Growth Centre’ (i.e. Box Hill) under State Environmental Planning Policy (Sydney Region Growth Centres) 2006 (Growth Centres SEPP). These Development Control Plans are known as the ‘North Kellyville Development Control Plan’ and the ‘Box Hill and Box Hill Industrial Precincts Development Control Plan’.

The provisions of the North Kellyville Development Control Plan and the Box Hill and Box Hill Industrial Precincts Development Control Plan apply to those precincts, unless specifically stated in those Development Control Plans that provisions of this Development Control Plan apply. Where there is an inconsistency between those Development Control Plans and this Development Control Plan in respect of land within those precincts, the provisions of the Development Control Plan applying to those precincts shall apply to the extent of the inconsistency.

1.3 PURPOSE OF THIS DEVELOPMENT CONTROL PLAN

The purpose of this Development Control Plan is to guide development outcomes within The Hills Shire. Relevant provisions within this Development Control Plan, along with other relevant planning legislation and policy, will be considered by Council in the assessment of development applications.

1.4 HOW TO USE THIS PLAN

This Development Control Plan consists of a written document and maps, and is divided into a number of Parts. Within each Part are a number of Sections.

Except as otherwise indicated, the provisions in each Part apply to all land identified in ‘Land to which this Development Control Plan Applies’ above.

Unless otherwise provided in the Glossary in this Part of the Development Control Plan, definitions for terms used in this Development Control Plan will be those definitions used in the EP&A Act, EP&A Regulation and The Hills Local Environmental Plan 2012.

A development may be required to meet development standards contained in different parts of the Development Control Plan. Examples are provided as follows:

Example 1: A development application for a residential flat building will need to comply with provisions in the following Parts:

¾ Introduction ¾ Residential Flat Buildings ¾ Parking ¾ Landscaping

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¾ Waste Management Plan

Example 2: A development application for a veterinary hospital proposed on land zoned RU2 Rural Landscape will need to comply with provisions in:

¾ Introduction ¾ Rural ¾ Parking ¾ Signage ¾ Landscaping

1.5 OBJECTIVES, OUTCOMES, PERFORMANCE CRITERIA AND DEVELOPMENT CONTROLS

An applicant may request a variation to any development control, provided that the outcomes/objectives of the specific development control and the relevant Section/s of the Development Control Plan as a whole can still be achieved. The applicant must provide a written statement as part of their development application (for instance within the Statement of Environmental Effects) to support any request for a variation to the Development Control Plan.

2. Development Assessment Pathways

Most development requires a development application, except when it is identified as Exempt or Complying Development. Requirements for these types of development are set out under State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (Codes SEPP), or within Schedules 2 and 3 of The Hills Local Environmental Plan 2012.

2.1 EXEMPT DEVELOPMENT

In general, Exempt Development is low impact, minor development, such as small-scale additions to existing homes, garden sheds, decks and awnings.

If a development meets all the pre-determined standards and criteria as set out in either the Codes SEPP or Schedule 2 of The Hills Local Environmental Plan 2012, no form of approval is required.

2.2 COMPLYING DEVELOPMENT

Complying Development is common or routine development that has predictable and minor environmental impacts. Examples of complying development include building a new house, renovating an existing house or undertaking alterations to commercial or industrial buildings, if the development meets all the pre-determined standards and criteria as set out in the legislation. Secondary dwellings or ‘granny flats’ can also be undertaken as complying development, however the relevant controls for these are under State Environmental Planning Policy (Affordable Rental Housing) 2009.

Complying Development approval comes in the form of a Complying Development Certificate (CDC) which can be issued by either Council or a private certifier.

2.3 LOCAL DEVELOPMENT

Where a development is permissible with consent and does not fit into the exempt or complying categories, a development application needs to be submitted and determined by Council. The design of the development is to be in accordance with the relevant provisions of this Development Control Plan. A variation from the development controls may be considered as detailed in Section 1.5 – Objectives, Performance Criteria and Development Controls.

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3. Advertising & Notification Procedures

The purpose of this section is to establish a clear process for public participation in the development assessment process. The notification procedures outlined below aim to balance the public’s right to participate in the development assessment process whilst minimising delays in the processing of low impact development applications.

3.1 MANDATORY ADVERTISING/NOTIFICATION

Planning legislation requires some developments to be advertised in a local newspaper and/or notified to adjoining property owners and relevant public authorities. These types of developments are generally larger scale and/or require approval from one or more public authorities.

Applications which require advertising/notification under legislation are identified below and, if applicable are required to pay an advertising fee at the time of lodgement in accordance with Council’s Fees and Charges:

Nominated Integrated Development Threatened Species Development Class 1 or Class 2 Aquaculture Development Designated Development State Significant Development

Note: See Section 7 – Glossary for definitions of these development types.

3.2 NOTIFICATION OF DEVELOPMENT APPLICATIONS

Written notification to owners of adjoining and adjacent properties will be undertaken for local development that is permissible with consent except for where identified in Section 3.4 Circumstances Where Notification is not Required.

Council may also notify additional landowners in the vicinity of a development site, if it is considered the application may have a greater impact. In determining whether to extend or limit the extent of notification the following factors may be considered:

Siting and design Views Visual and acoustic privacy Access Overshadowing Public interest Topography Solar access Drainage Landfill Traffic generation

3.3 NOTIFICATION TIMEFRAMES

The notification period for local development is to be a minimum period of 14 days however may be reduced to 7 days in special circumstances. The period of time may also be extended depending on the circumstances of the case. Timeframes for Mandatory Advertised Development is specified in legislation however is generally 30 days, commencing on the day after which the notice of the application is first published in a newspaper. Any notification period shall not include the last week of December and the first week of January in any year.

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3.4 CIRCUMSTANCES WHERE NOTIFICATION IS NOT REQUIRED

No notification of adjoining and adjacent properties is required for the following types of development applications, if the proposal complies with all applicable development controls (LEP, DCP & other relevant policies) and/or it is considered by Council that the development is unlikely to have a detrimental impact on those properties:

New rural sheds ancillary to residential use New rural fencing New tennis courts ancillary to residential use Strata subdivisions Subdivisions to adjust property boundaries where no additional lots are created Where the development site does not adjoin a residential property

Where a development application is not notified by Council in accordance with the above provisions, adjoining and adjacent property owners will be sent a courtesy letter advising that an application has been received that is in accordance with the requirements of the development control plan. The letter will state Council will not be formally notifying or inviting submissions for the application which will be determined within the requirements of the Environmental Planning and Assessment Act, 1979 no sooner than 14 days from the date of the letter.

3.5 CONCILIATION CONFERENCES

If more than 10 submissions are received relating to a development application during a formal notification period, Council will host a conciliation conference. All conferences are chaired by the Mayor or the Mayor's nominee.

4. Lodging a Development Application

Guidance on lodging development applications can be found within Council’s Development Application Lodgement Guide and relevant Fact Sheets available from Council’s Customer Service Centre or on Council’s website (www.thehills.nsw.gov.au).

5. Ecologically Sustainable Development

Ecologically sustainable development is defined in The Hills Local Environmental Plan 2012 Dictionary. In order to fulfil Council’s statutory responsibilities as required by Schedule 2 of the EP&A Regulation; the Local Government Act 1993, development is required to meet Council’s ESD Objectives.

5.1 COUNCIL’S ESD OBJECTIVES

ESD 1 – To apply the precautionary principle where development is likely to cause short or long-term irreversible or serious threats to the environment.

ESD 2 – To allow for broad community involvement in respect to issues of concern throughout the development process.

ESD 3 – To ensure during the design, construction and operation of the development, that water is utilised efficiently and that water leaving the site is of a quality and quantity comparable to that which is received.

ESD 4 – To ensure that biodiversity and the integrity of ecological processes are not compromised by the development.

ESD 5 – To promote the following during the design, construction and operation of development:

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¾ the use of energy efficient materials and designs ¾ utilisation of renewable energy & materials; and ¾ energy efficient technology.

ESD 6 – To follow the principles of the ‘Waste Hierarchy’ (reduce, reuse, recycle) in the use of materials and the design of waste recovery and disposal systems throughout the development process.

ESD 7 – To protect neighbourhood amenity and safety in the design and construction and operation of the development.

ESD 8 – To encourage the long-term economic viability and health of the community in the development process.

ESD 9 – To encourage the use of public transport, bicycles and pedestrian trips in the development and design process.

5.2 ACHIEVING THE ESD OBJECTIVES

In all aspects of the planning for, and development of, land, consideration must be given to achieving the ESD objectives listed.

As part of the Statement of Environmental Effects required to be submitted with all Development Applications a summary of the action taken in order to achieve these objectives must be included. Specific objectives and development controls are contained within this Development Control Plan which identify specific areas where ESD principles need to be carefully considered and provides controls detailing how these principles are to be achieved. 6. Construction of local transport infrastructure (local roads)

Despite any other provision of this Development Control Plan, where a local road or proposed local road is shown in this Development Control Plan on an allotment or allotments to which a development application relates and the applicable contributions plan does not require or authorise a monetary contribution towards the acquisition of that land or the construction of the road or associated asset relocation, water management devices, footpaths, street tree planting, traffic management devices and treatment, the development PXVW include the dedication of that part of the allotment identified as local road or proposed local road to the Council free of cost together with the construction of the road and associated asset relocation, water management devices,,p footpaths, street tree planting, traffic management devices and treatmentRQDQ\DQGDQGG DOOURDGDOOURDGIURQWDJHVIURQWDJHV 7. Glossary

The explanations included here are for purposes of clarification only and do not override the definitions in legislation.

Advertising area is: - in the case of an advertising structure with one surface area which is used or is to be used for advertising – that surface area; - in the case of an advertising structure with more than one surface area which is used for advertising – the largest of such surface areas; or - in any other case – one third of the total surface area of the advertising structure that is to be used for advertising.

Annual Environmental Management Plan (extractive industries) is a report to indicate the overall performance and management of the operation. The Environmental Management Plan may use and/or reference as chapters the respective strategies/studies and other management plans required by for extractive industry development. As a guide, consideration should be given to addressing the following matters: - Acquisition of all necessary licences and permits; Page 5

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- On-site materials Management; - Water Management; - Acoustic Management; - Air quality Management; - Transport routes, access & movements; - Rehabilitation Management, including consultation with community groups; - Identifying risks and safeguards and the confidence level of contingency/emergency plans; - Compliance with the conditions of consent; - Compliance with the objectives of this Appendix; - Advice & recommendations of all relevant state government agencies; and - Recommendation to adjustments to operation procedures to improve the overall performance of the extractive industry.

The Environmental Management Plan may be required to be accompanied by a Statement of Compliance and a Survey Plan to clearly illustrate the status and performance of extraction and rehabilitation.

Annual Exceedance Probability (AEP) is the chance of a flood of a given or larger size occurring in any one year, usually expressed as a percentage. E.g. if a peak flood discharge has an AEP of 5%, it means that there is a 5% chance (that is one-in-20 chance) of this peak flood discharge or larger events occurring in any one year (see ARI).

Annual Rehabilitation Management Plan (extractive industries) is a report which may be required every 12 months after the endorsed date of development consent to demonstrate and ensure the effective implementation of the Rehabilitation Strategy.

Aquifer (extractive industries) is rock or sediment in a geological formation, group of formations or part of a formation which is capable of being permeated permanently and can thereby transmit water.

Australian Height Datum (AHD) is the common national plane of level corresponding approximately to mean sea level.

Average Recurrence Interval (ARI) is the long-term average number of years between the occurrence of a flood as big as (or larger than) the selected event.

Batter (extractive industries) is an artificial, uniform slope or its inclination expressed as one vertical unit to so many horizontal units.

Building setback is the minimum distance that a wall, window or outer-most part of the building is required to be from a property boundary. It is measured as the horizontal distance between the proposed wall, window or outer most part of the building and the boundary.

Bund Wall (extractive industries) is an uninterrupted wall of earth normally built to such a height and location which can contain an area of water, sediment, hazardous liquid or the like.

Class 1/Class 2/Class 3 Aquaculture Development is the level of environmental risk of an aquaculture development (aquaculture being the keeping or cultivating of fish or marine vegetation for a commercial purpose), with Class 1 being the lowest risk and Class 3 being the highest risk. Given the higher environmental higher risk Class 3 Aquaculture falls under the category of Designated Development. Refer to the EP&A Act and Regulation for further information.

Co-siting (telecommunications) is the siting of a number of telecommunication facilities, often owned by different carriers, in one location.

Cumulative impact (telecommunications) is the impact of radiation from various sources or over time.

Design floor level or ground level (flood controlled land) is the minimum finished floor level

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or ground level that applies to the development. If the development is concessional development, this level is determined based on what land use category would apply if it was not categorised as Concessional Development.

Designated development is development which may have significant environmental impacts and requires additional consideration of such impacts (for example mining developments or chemical industries).

Direct seeding (extractive industries) is a seeding technique which may be as simple as collecting viable seeds from a community of plants and then paced/thrown onto a prepared/desired site and includes Hydro mulching.

Dust suppression (extractive industries) is the means by which dust particles and/or granules from gravel, sand or loose road or land surface material is suppressed by water spraying or dampening devices and includes: - the removal of such material from roads in the vicinity where it is considered to be hazardous to general road users - dust suppression equipment fitted to processing machinery.

Effective warning time (flood controlled land) is the time available after receiving advice of an impending flood and before the floodwaters prevent appropriate flood response actions being undertaken. The effective warning time is typically used to raise furniture, evacuate people and transport their possessions to safety.

Electromagnetic radiation (EMR) is the radiation in the microwave and radiofrequency band of the electromagnetic spectrum.

Employment co-efficient (extractive industries) is the relationship between the number employed in extractive industry divided by its output/turnover and expressed in the number of jobs per million dollars of output.

Enclosed car parking (flood controlled land) is car parking which is potentially subject to rapid inundation, which consequently increases danger to human life and property damage (such as basement or bunded car parking areas). The following criteria apply for the purposes of determining what is enclosed car parking: - Flooding of surrounding areas may raise water levels above the perimeter which encloses the car park (normally the entrance), resulting in rapid inundation of the car park to depths greater than 0.8m - Drainage of accumulated water in the car park has an outflow discharge capacity significantly less than the potential inflow capacity.

Environmental Management Plan (extractive industries) is a report which indicates the overall performance and management of the extractive industry operation.

Extractive material (extractive industries) is sand, gravel, clay, turf, soil, rock, stone and any similar substance such as bush-rock.

Flora/Fauna Monitoring Program (extractive industries) should establish the efficacy of buffer zones to protect and enhance opportunities for the further development of native species during the life span of extraction operation. May be included within the annual Rehabilitation Management Plan.

Flood is a relatively high stream flow which overtops the natural or artificial banks in any part of a stream, river, estuary, lake or dam, and/or local overland flooding associated with major drainage as defined by the Floodplain Development Manual (FDM) before entering a watercourse, and/or coastal inundation resulting from super-elevated sea levels and/or waves overtopping coastline defences excluding tsunami.

Note: Consistent with the Floodplain Development Manual, this section of the DCP does not apply in the circumstances of local drainage inundation as defined in the Floodplain Development Manual and determined by Council. Local drainage problems can generally be minimised by the adoption of urban building controls requiring a minimum difference between Page 7

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finished floor and ground levels.

Flood awareness is an appreciation of the likely effects of flooding and knowledge of the relevant flood warning and evacuation procedures.

Flood control lot is as defined in the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

Flood controlled land is land to which a flood related development control applies.

Flood evacuation strategy is the proposed strategy for the evacuation of areas within effective warning time during periods of flood as specified within any policy of Council, any FRMP, the relevant State government disaster plan, by advices received from the State Emergency Services (SES) or as determined in the assessment of individual proposals.

Floodplain being synonymous with flood liable and flood prone land is the area of land which is subject to inundation by the probable maximum flood (PMF).

Floodplain Development Manual (FDM) is the document published by the New South W ales Government and entitled “Floodplain Development Manual: the management of flood liable land” dated April 2005.

Floodplain Risk Management Plan (FRMP) is a plan prepared for one or more floodplains in accordance with the requirements of the FDM or its predecessor.

Floodplain Risk Management Study (FRMS) is a study prepared for one or more floodplains in accordance with the requirements of the FDM or its predecessor.

Flood Planning Levels (FPLs) are the combinations of flood levels (derived from significant historical flood events or floods of specific ARIs or AEPs) and freeboards selected for floodplain risk management purposes, as determined by Council. Under the influences of climate change, flood levels and FPLs may change with time.

Floodway areas are those areas of the floodplain where a significant discharge of water occurs during floods. They are often aligned with naturally defined channels. Floodways are areas that, even if only partially blocked, would cause a significant redistribution of flood flow, or a significant increase in flood levels.

Flow-ons (extractive industries) are the non direct economic impact of an Extractive industry and includes those consumption and production induced Flow Ons.

Flowpath is the area affected by the concentrated flow of local overland flooding. This could be associated with stormwater discharges above ground due to an exceedance of the capacity of the piped drainage system, blockage of the piped drainage system or where no pipe drainage system exists.

Freeboard provides reasonable certainty that the risk exposure selected in deciding on a particular flood chosen as the basis for a FPL, is actually provided. It is a factor of safety typically used in relation to the setting of flood levels, levee crest levels, etc. (as specified at Section K5 of the FDM). Freeboard is included in flood planning levels (although in some circumstances, zero freeboard may be appropriate).

Groundwater (extractive industries) is all waters occurring below the land surface.

Groundwater Impact Assessment (extractive industries) is a report which: - Identifies & classifies aquifer systems - Identifies all ground water dependent land uses & environments within catchment areas - Assesses vulnerability of ground water - Identifies freeboard level (to AHD) above high groundwater level capable of protecting groundwater flow patterns & water quality - Identifies potential sources of impacts including seepage from tailing dams - Outlines procedures for monitoring ground water flow and quality. Page 8

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The site specific Groundwater Impact Assessment Report should reference the findings and recommendations of the Maroota Groundwater Study - Stage 1: Scoping Study 1996 and any subsequent reports.

Habitable floor area (flood controlled land) is: - In a residential situation: a living or working area, such as a lounge room, dining room, rumpus room, kitchen, bedroom or workroom - in an industrial or commercial situation an area used for offices, retailing, storage, warehousing, factory uses or the like, or to store valuable possessions susceptible to flood damage in the event of a flood

Note: Separate considerations are specified for the car parking area of a development irrespective of the land use with which it is associated.

Hazard is a source of potential harm or a situation with a potential to cause loss.

Integrated development is development that requires development consent and at least one approval, permit, licence, authority, or consent from another government body under one or more pieces of legislation listed in section 91 of the EP&A Act.

Internal access road (extractive industries) is a carriageway specifically designed to accommodate the two (2) way movement of Haulage vehicles.

Landscape (extractive industries) is all the flora & fauna diversity (and topography), cultural significance (i.e. aesthetic, scientific, historic, social, or other special values), travel routes, and rural/residential land uses.

Landscape works (landscaping) is in relation to a development site include, but are not limited to: site preparation, earth works and grading; planting, mulching and maintenance; hard landscaping (such as decks, paved areas, water features, pergolas and retaining walls) and the installation of watering systems.

Local drainage is local stormwater systems including pits and pipes, which, when the capacity is exceeded, may lead to small scale overland flow including areas generally where depths are less than approximately 0.3m and are beyond the floodplains of original watercourses (which may now be piped, channelised or diverted). There is little risk to personal safety or property damage in these areas. This type of inundation is not referred to as ‘flooding’ and normal building controls are used to manage the inundation risks in these areas rather than the flood- related controls in this Plan.

Natural ground level (landscaping) is the existing ground level of a site before any improvements or other works are carried out.

Net Floor Area (NFA) is the total floor area of all buildings on a site. It does not include walls, the area of stairs, loading bays, access ways or car parking areas or any area occupied by machinery required for air conditioning, heating or power supply or lifts.

Nominated Integrated Development refers to certain types of integrated development that are subject to certain public exhibition requirements under the EP&A Act and Regulation. The EP&A Regulation defines nominated integrated development as follows: Integrated Development (not being threatened species development or Class 1 aquaculture development) that requires an approval (within the meaning of section 90A of the EP&A Act) under other legislation including:

- a provision of the Heritage Act 1977 specified in section 91 (1) of the EP&A Act, or - a provision of the W ater Management Act 2000 specified in section 91 (1) of the EP&A Act, or - a provision of the Protection of the Environment Operations Act 1997 specified in section 91 (1) of the EP&A Act.

Refer to the EP&A Act and Regulation for further information

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On Site Detention (OSD) is a facility, designed to specifications nominated by Council and provided on an individual site to retard the flow of water off site so to minimise downstream flooding impacts. The requirement for an OSD system is not considered to be a “flood related development control” for the purposes of SEPP (Exempt and Complying Development Codes) 2008.

Outbuilding is a building which is ancillary to a principal residential building and includes sheds, garages, car ports and similar buildings.

Overburden (extractive industries) is the top layer of earth/rock that is to be removed to expose the extractive material.

Overland flowpath is an overland flowpath is surface runoff before it enters a waterway. A flowpath is usually initiated when rainfall runoff concentrates in low points, surface depressions and gullies, and ultimately overwhelms the capacity of a stormwater drainage system.

Precautionary principle (extractive industries) is instances where there are threats of serious or irreversible damage, a lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation.

Probable maximum flood (PMF) is the largest flood that could conceivably occur at a particular location, usually estimated from probable maximum precipitation.

Probable maximum precipitation (PMP) is the greatest depth of precipitation for a given duration meteorologically possible over a given size storm area at a particular location at a particular time of the year. PMP is the primary input to the estimation of the probable maximum flood.

Radio-communications facility is a base station or radio-communications link, satellite-based facility or radio-communications transmitter.

Recharge area (extractive industries) is a geographical area in which water infiltrates then percolates to reach an aquifer.

Refuge area (flood controlled land) is an onsite refuge or reliable access to ground that is located above the PMF that provides reasonable shelter for the likely occupants of development commensurate with the period of time that refuge is likely to be required in floods up to the PMF.

Rehabilitation Strategy (extractive industries) is a report which outlines: - Site analysis used to determine conservation areas - The implementation of the findings of Flora & Fauna monitoring program - Means of maintaining vegetative buffer zones and rehabilitated areas - Placement of rocks & landscape features - Tree retention, protection and replenishment scheme - Integration of the final landform with the landscape characteristics of the surrounding terrain - Capacity of the final landform to achieve the objectives and performance criteria of this plan - Details of backfilling works - A W orks Program defining a time period for the rehabilitation of each stage with the aim to restore vegetative covers at the earliest possible opportunity - Those works that are to be carried out under the supervision of a nominated qualified person - Reference to a Farm Management Plan for sites to be rehabilitated to agricultural land - Compliance with all controls set out in the Rural DCP section on Extractive Industries - Compliance with other established rehabilitation methods endorsed by relevant Public Authority including “best practice” publications.

Reliable access (flood controlled land) during a flood means the ability for people to safely evacuate an area subject to imminent flooding to a refuge area within effective warning time, having regard to the depth and velocity of flood waters, the suitability of the evacuation route, Page 10

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and without a need to travel through areas where water depths increase.

Residence not associated with extractive operations (extractive industries) is a dwelling- house whose occupants, whether owner/s or tenants have no direct involvement in the day-today operations of extractive industries.

Risk is the chance of something happening and its impact. It is measured in terms of consequences and probability (likelihood).

Sediment storage volume (extractive industries) is the holding capacity of a Sediment Control Dam.

Site Flood Emergency Response Plan (not being an SES Flood Plan) is a management plan that demonstrates the ability to safely evacuate persons and includes a strategy to move goods above the flood level within the effective warning time. This Plan must be consistent with any relevant flood evacuation strategy, flood plan or similar plan.

State Significant Development is development that is identified by the NSW Government as being either of State or Regional significance, and for which the Minister for Planning’s approval is required. Refer to the EP&A Act and Regulation for further information.

Suitably Qualified Civil Engineer is a civil engineer who is a Corporate Member of the Institution of Engineers, Australia, or is eligible to become a Corporate Member of the Institution of Engineers, Australia, and has appropriate experience and competence in the relevant field.

Survey plan is a plan prepared by a registered surveyor which shows the information required for the assessment of an application in accordance with the provisions of this Plan.

Tailings (extractive industries) are waste products from mining and processing operations, commonly in the form of fine grained sediments.

Tailing dam (extractive industries) is structural containment and storage areas for tailings. Such structures are to be structurally stable, integrate with the scenic & landscape qualities of the surrounding environment and facilitate rehabilitation after capping.

Threatened Species Development is development on land that is, or is a part of, critical habitat or is likely to significantly affect threatened species, populations or ecological communities, or their habitats. Refer to the EP&A Act and Regulation for further information.

Visual sensitivity (extractive industries) is the degree of importance of a particular landscape component within a natural landscape setting and/or scene.

Water Management Strategy (extractive industries) is a report outlining a framework for the identification, classification and management of artificial and natural surface and sub-surface water cycles. This framework should incorporate details for all phases of development including: - Site investigations used to identify and classify catchment origin, drainage patterns, water flow and water quality - Source, quantity and quality of water required to provide a reliable supply of water to the operations - Procedures for minimising importation of water - Procedures for maximising re-use and recycle of collected waters particularly during extreme climatic condition - Procedures capable of maintaining natural surface water flow and quality conditions along downstream boundary alignments - Destination points for collected waters are retained within the extraction site - The design, location and likely impact of any temporary diversion of drainage patterns within the extraction site - Procedures for ensuring that contaminated waters are contained on-site during the 1% AEP - Risks, safeguards and contingency plans for extreme climatic conditions or operational hazards including breach or contamination Page 11

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- Procedures for monitoring groundwater flow, quality and recharge areas within catchments having regard to the recommendations of the Groundwater Impact Assessment Report.

Watertable (extractive industries) is the surface of the saturated zone in an unconfined aquifer.

Wet weather high groundwater level is a term used to represent the groundwater level at a time of the year when most of the rain in a region falls.

8. Important Dates & Document Specifications

Adoption date: 12 March 2013 Date in force: 26 March 2013

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Page 13 File Reference FP204 3/2012/PLP FP28 9/2013/PLP 7/2013/PLP

In Force In Date 11/06/2013 02/08/2013 07/01/2014 21/02/2014 07/03/2014

Adoption Date Adoption No. Minute & 28/05/2013 27/11/2012 10/12/2013 (730) 10/09/2013 24/09/2013 (284) (634) (528) (548)

1398) 845,

104

– part of Lot 214 DP DP 214 Lot of part and Lot 2 DP 1131540 1131540 DP 2 Lot and Lot A DP 151502, Lot 18 Lot 151502, DP A Lot lkhamHills (Lot1 DP 564 2 DP 817696) DP 2 (Lot 23 DP 785110, Lot 1 DP 1 Lot 785110, DP 23 (Lot 6 DP654751, Lots 101 Lots DP654751, 6 llyville (Lots 7 and 8 8 and 7 (Lots DP llyville embrandt Drive, 1-7 Meryll 1-7 Drive, embrandt 82 DP 19 Lot and 821398 P venue and 2 Meryll Avenue, Meryll 2 and venue D and adjoining road reserve road adjoining and Address of Land (if applicable) (if Land of Address Hills Baulkham Drive, Mackillop 64 (Lot 2-6 WindsorRoad, 404-416 R A Bau 164096) DP 1 Lot 1000120, DP - Centre Regional Hill Rouse Precincts Residential Castle Road, Northern Old 299-309 Hill Avenue, Memorial 12 and 2B 2A, 2, Ke 1128575, 1123224 1087781) DP 2 Lot and 701677, Lot

ent

in the WindsorRoad the in comes on the site and site the on comes site the for comes site the at comes

movalof Restricted reflect revised developm revised reflect recinct of the Baulkham Hills Baulkham the of recinct own Centre own Description of Amendment of Description development guide to Controls out re Area Development development guide to Controls with P T residential to Amendments controls controls various to Amendments to out development guide to Controls out

List of of Amendments List

ap Sheet 13 of 46 of 13 Sheet ap Part & Section Residential - PBS2 M Centre Town Hills Baulkham - PDS10 Centre Regional Hill Rouse - PDS6 Precinct Road Crane - PDS15 Area Release Road Balmoral - PDS7 This Development Control Plan has been amended as follows: follows: asamended been has Plan Control DevelopmentThis 9.

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Page 14 File Reference FP214

In Force In Date 25/03/2014

Adoption Date Adoption No. Minute & 11/03/2014 (112)

Address of Land (if applicable) (if Land of Address N/A

ons on irements for flood control flood for irements and removal of duplicati of removal and flood-related terms, DA terms, flood-related controls from various secti various from controls DCP the of Description of Amendment of Description definitions controls, flood New for requ lots of

Centre

- Baulkham Hills Town Town Hills Baulkham - Precinct Carlingford - Rd Northern Old 354-368 - Winds Corner Site Target - - Telecommunications - Road Rocks North 27-33 - Site Target Street Pennant - Baulkham Windsor Rd 257 - Hill Kellyville/Rouse - Road Balmoral - Residential Norwest - Northmead WindsorRd - - Rural Residential - - Dual Occupancy Housing Dwelling Multi - Buildings Flat Residential - - Business - Industrial

- Introduction Introduction - astle Hill astle Rd Hills Seven and d acilities acilities Site arget Part & Section (new) Land Controlled Flood - PCS6 PA PBS1 PBS2 PBS3 PBS4 PBS5 PBS6 PBS7 PCS5 F PDS1 PDS2 PDS3 Hills PDS5 PDS7 PDS8 PDS9 T PDS10 PDS12 PDS13 C PDS14 R Precinct Rd Crane - PDS15

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Page 15 File Reference 11/2013/PLP 1/2013/PLP FP196 2/2012/PLP/A FP72 4/2014/PLP

In Force In Date 04/07/2014 11/07/2014 23/09/2014 03/10/2014 07/10/2014 10/10/2014

Adoption Date Adoption No. Minute & 08/10/2013 (591) 13/05/2014 09/09/2014 29/04/2014 23/09/2014 12/08/2014 (453) (219) (537) (566)

100 Lot And

oad, 22080, 133473)

20 & 31 Edwards R Edwards 31 & 20 Lots 32-34 DP 834050, DP 32-34 Lots Rouse Hill (Lot 1 DP DP 1 (Lot Hill Rouse DP 27-30 (Lots Hill Rouse 12 & 13 DP 833069 and SP and 833069 DP 13 & 12 se Hill (Lot 2 DP 879450, Lot 879450, DP 2 (Lot Hill se & 222080 DP 2 (Lot Hill se 105 Windsor Road, 1-3, 5 Windsor1-3, Road, 105 314 to 332-334 Annangrove 332-334 to 314 2 DP 838278, Lot 3 DP 2 DP 3 Lot 838278, DP 2 DP 12 Lot & 834050 DP 26 llyville (Lots 101 & 103, DP DP 103, & 101 (Lots llyville P 1032790, Lot 10 DP 563695, DP 10 Lot 1032790, P Lot & 1158967 DP 3 (Lot ocks 1128357) P DP 225401), Lot 1 Edwards 1 Lot 225401), DP Hills Beaumont WilkinsAvenue, D D Address of Land (if applicable) (if Land of Address Road, Annangrove 290-312 to 278 Rou 835727), Rou 2 Road, and Road, 834050, Lots Dural Road, Northern Old 488-494 839151) DP 2 (Lot N/A Drive, Riley Samantha 301 Ke 1122070) North Road, Rocks North 23-25 R 104A 104, RMB Way, Millcroft 1-15 And 7 78246) Lot Lot

Edwards

controls within controls for residential flat residential for sections of the DCP DCP the of sections Prec i nc t scape material supplies material scape comes at the site site the at comes velopment within the the within velopment of deletion and ildings operation and velopment orth Rocks Road and Road Rocks orth malgamation of 23 and 25 and 23 of malgamation buildi to changes ssociated Description of Amendment of Description for controls specific Site de development guide to Controls site the at outcomes size and mix apartment New controls bu redundant various development guide to Controls out the facilitate to Amendments a N a landscaping and height the manage to controls New de uses centre garden and/or land Road

ct or

-Carlingford Precinct Precinct -Carlingford Winds Corner Site Target - - Parking - Centre Regional Hill Rouse - Precin Residential Norwest - and Seven Hills Road, Hills Seven and llyville (new) (new) llyville ocks Road, North Rocks North Road, ocks Part & Section Industrial - PBS7 PCS1 Business - PBS6 Buildings Flat Residential - PBS5 PDS6 PDS8 PDS12 PDS14 Road Hills Baulkham Drive, Riley Samantha 301 - PDS16 Ke North 23-25 Site Target - PDS9 R - PBS6 Business

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Page 16 File Reference 5/2012/PLP FP171 1/2014/PLP 2/2015/PLP FP173 17/2013/PLP 9/2015/PLP 10/2013/PLP FP179

In Force In Date 11/11/2014 09/12/2014 03/03/2015 28/07/2015 11/08/2015 01/12/2015 08/04/2016 29/04/2016 24/05/2016

Adoption Date Adoption No. Minute & 28/10/2014 (645) 25/11/2014 (712) 10/02/2015 12/05/2015 28/07/2015 (369) 09/12/2014 09/06/2015 28/07/2015 26/04/2016 (193) (39) (218) (753) (282) (367)

Lot

101 Hills, 127003 & 127003 33 DP 247442, known asRM known 247442, DP 33 2 DP 721567, DP 2 DP 1 Lot 22931, DP 3 Spurway Drive, Baulkham and Kellyville Drive, Fairway ocks (Lot 2 DP 1158967, Lot 1158967, DP 2 (Lot ocks 617754, P Lot 2 DP 22931) DP 2 Lot D Address of Land (if applicable) (if Land of Address North Road, Rocks North 27-33 R Lot Lot N/A Box Hill North Precinct Road, Northern Old 912-914 Glenorie Street Main Hill Castle Hills Baulkham Circuit, Solent 11-13 Kellyville Place, Jackson 5 32 Lots and 1176747 DP 101 Lot and 47 30 247442 DP 33 N/A

ntial and

s, verge widths and and widths verge s, minor typographic/ minor

comes at the site site the at comes ministrative/formatting velopment, private tree private velopment, of notification and vertising and applications velopment sidential development at the at development sidential reet tree species for reside for species tree reet was provisions, anagement multi-unit for anagement and developments use ixed Description of Amendment of Description density high facilitate to Controls re to relating amendments Various footpath st de m m m other amendments formatting development guide to Controls Precinct North Hill Box the of development guide to Controls site the at outcomes controls parking Revised controls specific site of Insertion and route cycleway Amend notation space open remove development guide to Controls out for requirements Revised ad de ad amendments site

orth Rocks Rocks orth Part & Section Road, Rocks North 27-33 - PDS1 N Sections All North Hill Box - PDS17 Industrial - PBS7 Parking - PCS1 Business - PCS6 Release Hill Kellyville/Rouse - PDS5 Area Area Release Road Balmoral - PDS7 Introduction - PA

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Page 17 File Reference FP179 18/2015/PLP 3/2016/PLP FP152 4/2016/PLP

In Force In Date 24/05/2016 21/10/2016 09/12/2016 12/01/2017 15/09/2017

Adoption Date Adoption No. Minute & 26/04/2016 (193) 26/07/2016 (366) 13/09/2016 (478) 13/12/2016 (695) 09/05/2017 (188)

Pennant Hills Road Hills Pennant 10 DP593517) 10 Address of Land (if applicable) (if Land of Address N/A of Part and Avenue Oratava 39-55 570 (part Hill Box Road, Boundary 153 Lot N/A Kellyville Place,McCausland 6

ngs s, s, ling ling

en ed s, es Map

distanceis provid a future water recyc water future a and visitor parking visitor and trian links, carriageway carriageway links, trian ishments, ishments, veterinary ultural produce industrie produce ultural irements. Amendment irements. sheds, secondary dwelli secondary sheds, lic worship, garden centr garden worship, lic intensive nurseries, plant ce, building layout and layout building ce, comes at the site including site the at comes sure that a 15 metre metre 15 a that sure training or boarding imal facilitie community spitals, op common density, ights, creation facilities, place of of place facilities, creation cility and surrounding and cility cluded an amendment to amendment an cluded building form, built yout, cluding additional flexibility f flexibility additional cluding lant agriculture and agriculture lant Description of Amendment of Description controls simplified and Reduced in subdivision cluster rural and development guide to Controls out pedes widths requ in 20. Sheet to seeks which control new A en separation between development. residential to relating controls New agric establ ho re pub and p supplies. material landscaping site to relating controls New la he spa design. rural fa an Balmoral Road Balmoral –

ase Area ase Part & Section Part B Section 1 - Rural Residential - 2 Section B Part North Hill Box 17- Section D Part Part B Section 1 - Rural 7 Section D Part Rele

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Page 18 File Reference 2/2016/PLP 4/2017/PLP 17/2016/PLP 11/2016/PLP 11/2016/PLP 11/2016/PLP 1/2016/PLP 16/2013/PLP

In Force In Date 24/11/2017 22/12/17 19/01/18 16/03/2018 16/03/2018 16/03/2018 23/03/2018 04/05/2018

Adoption Date Adoption No. Minute & 25/07/2017 (367) 24/10/2017 10/10/2017 (502) 13/12/2016 (692) 13/12/2016 (692) 13/12/2016 08/08/2017 25/10/2016 (548) (692) (402) (572)

Address of Land (if applicable) (if Land of Address Hill Rouse Road, Commercial 5 Lot 2A and 2 Road, Northern Old 434 Glenhaven Road, Fullers Hills Baulkham WindsorRoad, 522 N/A N/A N/A Dural Road, Northern Old 488-494 74 O’Briens Road, Cattai

s, ity ity

lex and

mon

idential

seek to ensure future ensure to seek space requirements. requirements. space T sing and mixed use mixed and sing grates with, surrounding l surrounding with, grates icular access, key principle key access, icular ights, setbacks and com and setbacks ights, and to, responds form ilt setbacks, heights, ilding dens and space open vacy, associated and velopment the within velopment pacts on adjacent res adjacent on pacts guide a seniors living seniors a guide iverside Oaks Tourist Comp Tourist Oaks iverside ses and minimises amenity amenity minimises and ses access, and traffic lanning, bu Description of Amendment of Description building as such controls New he controls inte u im development. seniors a guide to controls New site the on development housing site to relating controls New p bu pri de services top shop for provisions Clarifies housing. top shop forcontrols New housing. top shop guide to controls New hou developments. to relating controls New veh landscaping. and setbacks residential guide to controls New de R open to

Kellyville/ Rouse Kellyville/ Shop Top Housing Top Shop Business Residential Flat Residential Residential Residential Residential – – – – – –

Mixed Use Developments Use Mixed ReleaseArea and Part & Section 5 Section D Part Hill 2 Section B Part 2 Section B Part 5 Section B Part Building Part C Section 1 - Parking Part B Section 8 6 Section B Part Part B Section 1 - Rural

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ORDINARY MEETING OF COUNCIL 09 MARCH, 2021

Page 19 File Reference FP171 FP223 8/2016/PLP 7/2015/PLP FP230

In Force In Date 05/06/2018 11/09/2018 7/12/2018 21/12/2018 21/05/2019

58) Adoption Date Adoption No. Minute & 22/05/2018 (222) 28/08/2018 (489) 14/11/2017 11/09/0218 30/04/2019 (1 (585) (526)

ural ural Address of Land (if applicable) (if Land of Address N/A Precinct Station Showground Hill Castle Road, Northern Old 370 Road, Northern Old 582A and 582 D N/A

s te

al pond ar

an.

heritage, residential and and residential chnical site stability to stability site chnical ility Inclusion Action Pl Action Inclusion ility Showground Station Showground mobility. The controls res controls The mobility. ide an environmentally an ide controls now covered by covered now controls child care centres. Remov centres. care child serted in the DCP to regula to DCP the in serted mployment development with development mployment vegetation, lanning, and transport ccess, vehicul vegetation, lanning, contamination, site ccess, the requirements of The Hill ofThe requirements the of Description of Amendment of Description relating controls to Amendment to SEPP. section specific site New in future e the Precinct. site to relating controls New p a geote gu development housing integrated site to relating controls New p a density and quality water New controls relating to access to relating controls New and to Disab

582 and 582A and 582 Showground – – Business Residential Residential Multi Dwelling Multi Business Industrial Dual Occupancy Dual Residential Flat Residential – – – – – – –

BSection 4 sing B Section 5 B Section 6 B Section 7 ld Northern Road, Dural Road, Northern ld ildings ildings recinct O Part & Section 6 Section B Part 19 Section D Part P 2 Section B Part 18 Section D Part Part B Section 3 Section B Part Part Hou Part Bu Part Part

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ORDINARY MEETING OF COUNCIL 09 MARCH, 2021

Page 20 File Reference ET101 2/2019/PLP 24/2016/PLP 13/2018/PLP

In Force In Date 05/11/2019 24/01/2020 18/06/2020 19/06/2020

Adoption Date Adoption No. Minute & 22/10/2019 (567) 10/09/2019 (460) 10 December 2019 (687) 26/05/2020 (251)

,Castle Hill

cludes NorthWest Growth Address of Land (if applicable) (if Land of Address N/A 1237552 DP 2, Lot and 1 Lot Garthowen 16-20 & 6-12,12A Crescent Density Medium R3 zoned land All Density High R4 and Residential 2019 LEP under Residential (ex Box and Kellyville North of Centres Hill)

Description of Amendment of Description Additional to recongnise objective the right of owner a property to be vegetationable to manage on their 7 species land. Additional fromexempt the application process. Exemption for trees that are within of 3 metres an existing approved structuredwelling or ancillary to 5 amended metres. Referenceslegislation updated. to New controls added for landscaping and drainage requirements. andAmendments to objectives Hill to the Boxcontrols applying North Town Centre to reflect Floor changesSpace to maximum Ratio and Height ofBuilding standards. The amendments also introduce the controls and update Indicative Layout Plan to facilitate a proposed new school. Introduce controls to guide outcomesdevelopment on the site. Introduction of two new sections associated with the planning proposal Clause to amend 4.1B lot sizes to minimum ‘Exceptions for certain residential development’. Controls relate to site planning, buildingand design and parking access.

Box Hill North Box Hill Medium Medium Landscaping – Small Lot Small – – –

Part & Section Housing Part C Section 3 Part D Section 17 Part D Section 24 6-12,12A & 16-- 20 Garthowen Crescent Castle Hill Part B Section 9 Part B Section 10 Density Residential (Terraces)

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Page 21 eference File R 4/2019/PLP 5/2015/PLP 16/2016/PLP 16/2016/PLP 12/2016/PLP 16/2016/PLP 16/2016/PLP

ate In Force In D 01/07/2020 17/07/2020 17/07/2020 17/07/2020 17/07/2020 30/11/2020 18/12/2020

) ) Minute No Adoption Date Adoption & 25/06/2019 (281) 10/12/2019 (688) 27/11/2018 (705) 27/11/2018 (705) 25/09/2018 (551) 24/11/2020 (664 24/11/2020 (664

astle Hill

inct inct Address of Land (if applicable) (if Land of Address N/A Norwest Circuit, Solent 40 and 9-1093-107 Cecil Avenue Roger C Avenue, Land known as the Castle Hill North North Hill Castle the as known Land Precinct North Hill Castle the as known Land Prec North Hill Castle the as known Land Precinct North Hill Castle the as known Land Precinct

DCP for the for the 12 and 6- quality

ntended character -20 Garthowen Crescent, Description of Amendment of Description New site specificsection to introduce controls to guide outcomesdevelopment on the site. Precinct. 16 New controls form to regulate built and ensure high outcomesdevelopment that reflect the i forNew parking controls and residentialcommercial developments parking controlsAmended the for Castle Hill North Precinct to reflectPlanning Proposal the by 16/2016/PLP gazetted Department of Planning, Industry and Environment on 17/07/2020 controlsAmended to reflect Planning Proposal 16/2016/PLP gazetted by the Department of Planning, Industry and onEnvironment 17/07/2020. Consolidation of Part D Section 24 relating to land at Castle Hill. New section Housefor Manor controlsfor and new control housemanor in parking New site specific controls to guide outcomes development on the site

Castle Hill North North Castle Hill 93-107 Cecil North Castle Hill Manor House Manor – – – Norwest Town Parking Parking Parking Parking – – – –

-10 Roger Avenue,

Avenue and 9 Avenue Part & Section Part D Section 8 Part D Section 20 Part C Section 1 Part D Section 21 Castle Hill Part C Section 1 Part D Section 20 Centre Residential Development Part B Section 11 – Part C Section 1

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Page 22 16/2016/PLP & 16/2016/PLP 24/2016/PLP FP171 18/12/2020 XXX XXX ) 24/11/2020 (664 XXX XXX N/A 6-12 and 16-20 Garthowen Crescent, Castle Hill Part to Castle Hill North). Castle Hill – D Section 20 Repeal of Section (and consolidation of controls in Additional section to clarify that Additionalsection that to clarify the construction and dedication of localshall roads be undertaken by the developer at no cost to Council 6-12 and 16-20 – Part D Section 24 Garthowen Crescent,Garthowen Hill Castle Part A Introduction

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ATTACHMENT 2

North Kellyville Growth Centre Precincts

Development Control Plan

November 2016

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North Kellyville Precinct Development Control Plan

To view an electronic version in PDF format, visit the Department of Planning and Environment website: www.planning.nsw.gov.au

Disclaimer While every reasonable effort has been made to ensure that this document is correct at the time of printing, the State of New South Wales, its agents and employees, disclaim any and all liability to any person in respect of anything or the consequences of anything done or omitted to be done in reliance or upon the whole or any part of this document.

In keeping with the Department of Planning and Environment’s commitment to encourage the availability of information, you are welcome to reproduce the material that appears in this Development Control Plan for personal, in-house or non- commercial use without formal permission or charge. All other rights are reserved. If you wish to reproduce, alter, store or transmit material appearing in this Development Control Plan for any other purpose, a request for formal permission should be directed to:

Infrastructure, Housing and Employment Department of Planning and Environment GPO Box 39 Sydney NSW 2001

You are required to acknowledge that the material is provided by the Department or the owner of the copyright as indicated in this Development Control Plan and to include this copyright notice and disclaimer in any copy. You are also required to acknowledge the author (the Department of Planning & Environment) of the material as indicated in this Development Control Plan. Page 3

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North Kellyville Precinct Development Control Plan

CONTENTS

1.0 INTRODUCTION ...... 9 1.1 Name of this Plan...... 9 1.2 The Purpose of this DCP...... 10 1.3 Relationship to other Plans...... 10 1.4 Structure of this Plan ...... 12 1.5 Development ...... 13 1.5.1 Exempt Development ...... 13 1.5.2 Development allowed only with Consent...... 13 1.6 Advertising & Notification Procedures...... 15 1.7 Development Application Process ...... 16 1.8 Information required for a Development Application ...... 19 1.8.1 Documentation ...... 20 1.9 Assessment of Applications...... 37 1.10 Amendments ...... 37 2.0 VISION AND CHARACTER...... 39 2.1 Vision and Development Objectives ...... 39 2.2 Indicative Layout Plan ...... 41 2.3 Character Areas ...... 43 2.3.1 Centres...... 43 2.3.2 Smalls Creek ...... 45 2.3.3 Ridge...... 46 2.3.4 Environmental Living ...... 46 2.4 Residential Density and Subdivision ...... 48 2.4.1 Residential Density...... 49 3. LAND DEVELOPMENT...... 53 3.1 Network and Design ...... 53 3.1.1 Street Network, Design and Hierarchy ...... 53 3.1.2 Laneways ...... 69 3.1.3 Shared Driveways ...... 73 3.2 Sub-precincts ...... 75 3.3 Public Transport...... 77 3.4 Pedestrian and Cycle Network ...... 79 3.5 Public Domain Works...... 81 3.6 Residential Subdivision ...... 85 3.6.1 Block and Lot Layout...... 85 3.6.2 Battle-axe Lots ...... 89 3.6.3 Corner Lots ...... 92 3.7 Subdivision Approval Process...... 93 3.8 Residue Lots ...... 101 4.0 RESIDENTIAL DEVELOPMENT ...... 103 4.1 Site Responsive Design ...... 103 4.1.1 Cut and Fill ...... 103 4.1.2 Safety and Surveillance...... 104 4.1.3 Sustainable Building Design...... 105 4.2 Dwelling Design Controls ...... 106 4.2.1 Summary of Key Controls ...... 106 4.2.2 Streetscape and architectural design ...... 113 4.2.3 Front setbacks...... 117 4.2.4 Side and rear setbacks...... 119 4.2.5 Dwelling Height, Massing and Siting ...... 123 4.2.6 Landscaped Area ...... 124 4.2.7 Private Open Space ...... 125 4.2.8 Garages, Storage, Site Access and Parking ...... 126 4.2.9 Visual and Acoustic Privacy ...... 127 4.2.10 Fencing ...... 128 4.3 Additional controls for certain dwelling types ...... 129 4.3.1 Attached or abutting dwellings ...... 129 4.3.2 Secondary dwellings, studio dwellings and dual occupancies...... 130 4.3.3 Multi dwelling housing ...... 133

Page 4

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North Kellyville Precinct Development Control Plan

4.3.4 Controls for residential flat buildings, manor homes and shop top housing...... 135 4.3.5 Site Servicing ...... 138 4.3.6 Adaptable housing...... 139 5.0 SPECIAL AREA CONTROLS ...... 141 5.1 Overall controls ...... 141 5.1.1 Active Street Frontages and Address ...... 141 5.1.2 Awnings...... 143 5.1.3 Signage ...... 143 5.1.4 Parking ...... 146 5.1.5 Site Servicing...... 148 5.2 North Kellyville Local Centre ...... 149 5.2.1 Hezlett Road Neighbourhood Centre...... 152 5.2.2 Stringer Road Neighbourhood Centre...... 155 5.2.3 45 Hezlett Road, “Yalta” ...... 158 6.0 MANAGING THE ENVIRONMENT ...... 163 6.1 Integrated Stormwater Management ...... 163 6.2 Aboriginal Heritage...... 172 6.3 Bushfire Hazard Management...... 174 6.4 Tree and Bushland Protection ...... 176 6.5 Contamination Management...... 177 6.6 Subdivision Earthworks ...... 179 6.7 Waste Management ...... 179 6.8 Riparian Corridors ...... 181 APPENDIX A: Glossary ...... 186 APPENDIX B: Planting Zone and List of Preferred Planting Species ...... 190 APPENDIX C: Environmental Management Plan ...... 202

Page 5

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3. LAND DEVELOPMENT

3.1 Network and Design

3.1.1 Street Network, Design and Hierarchy

OBJECTIVES

a. To provide a hierarchy of interconnected streets that gives safe, convenient and clear access within and beyond the Precinct.

b. To ensure that the hierarchy of the streets is clearly discernible through variations in carriageway width, on- street parking, incorporation of water sensitive urban design measures, street tree planting, and pedestrian amenities.

c. To provide an acceptable level of access, safety and convenience for all street and road users within the North Kellyville Precinct, whilst ensuring emergency access and egress, acceptable levels of amenity, and minimising the negative impact of traffic.

d. To provide a legible and permeable movement network for pedestrians and cyclist along streets and paths to points of attraction within and adjoining any development.

e. To facilitate the orientation of lots and dwellings to front public and private open spaces.

f. To enhance the outlook, setting and amenity of subdivisions adjoining open space and other public areas.

g. To promote passive surveillance of publicly accessible areas thereby increasing safety.

h. To ensure sufficient carriageway and verge widths are provided to allow streets to perform their designated functions within the street network and to accommodate public utilities and drainage systems.

i. To encourage the use of streets by pedestrians and cyclists, and to allow cars, buses and other users to proceed safely without unacceptable inconvenience or delay.

j. To provide blocks that can accommodate a range of densities and lot sizes with appropriate solar orientation.

k. To facilitate a subdivision pattern that will reinforce the character areas.

l. To allow for pedestrian, cyclist and vehicle accessibility. CONTROLS

Road Hierarchy

1. The street network and road hierarchy is to be provided generally in accordance with Figure 6 and Table 6. 2. 'HVSLWH'HVSLWHDQ\RWKHUSURYLVLRQRIWKLV'HYHORSPHQW&RQWURO3ODQZKHUHDORFDOURDGRUSURSRVHGORFDOURDGLVDQ\RWKHUSURYLVLRQRIWKLV'HYHORSPHQW&RQWURO3ODQZKHUHDORFDOURDGRUSURSRVHGORFDOURDGLV VKRZQVKRZQLQWKLV'HYHORSPHQW&RQWURO3ODQRQDQDOORWPHQWRUDOORWPHQWVWRZKLFKDGHYHORSPHQWDSSOLFDWLRQLQWKLV'HYHORSPHQW&RQWURO3ODQRQDQDOORWPHQWRUDOORWPHQWVWRZKLFKDGHYHORSPHQWDSSOLFDWLRQ UHODWHVUHODWHVDQGWKHDSSOLFDEOHFRQWULEXWLRQVSODQGRHVQRWUHTXLUHRUDXWKRULVHDPRQHWDU\FRQWULEXWLRQWRZDUGVDQGWKHDSSOLFDEOHFRQWULEXWLRQVSODQGRHVQRWUHTXLUHRUDXWKRULVHDPRQHWDU\FRQWULEXWLRQWRZDUGV WKHWKHDFTXLVLWLRQRIWKDWODQGRUWKHFRQVWUXFWLRQRIWKHURDGRUDFTXLVLWLRQRIWKDWODQGRUWKHFRQVWUXFWLRQRIWKHURDGRUDVVRFLDWHGDVVHWUHORFDWLRQZDWHUPDQDJHPHQWDVVRFLDWHGDVVHWUHORFDWLRQZDWHUPDQDJHPHQW GHYLFHVGHYLFHVIRRWSDWKVVWUHHWWUHHSODQWLQJWUDIILFPDQDJHPHQWGHIRRWSDWKVVWUHHWWUHHSODQWLQJWUDIILFPDQDJHPHQWGHYLFHVYLFHVDQGWUHDWPHQWWKHGHYHORSPHQWDQGWUHDWPHQWWKHGHYHORSPHQW PXVWPXVW LQFOXGHLQFOXGHWKHGHGLFDWLRQRIWKDWSDUWRIWKHDOORWPHQWLGHQWLILHGWKHGHGLFDWLRQRIWKDWSDUWRIWKHDOORWPHQWLGHQWLILHGDVORFDOURDGRUSURSRVHGORFDOURDGWRWKHDVORFDOURDGRUSURSRVHGORFDOURDGWRWKH &RXQFLOIUHHRIFRVWWRJHWKHUZLWKWKHFRQVWUXFWLRQRIWKHURDGDQGDVVRFLDWHGDVVHWUHORFDWLRQZDWHU PDQDJHPHQWPDQDJHPHQWGHYLFHVIRRWSDWKVVWUHHWWUHHSODQWLQJWUDIILFPDGHYLFHVIRRWSDWKVVWUHHWWUHHSODQWLQJWUDIILFPDQDJHPHQWQDJHPHQWGHYLFHVDQGWUHDWPHQWGHYLFHVDQGWUHDWPHQWRRQDQ\DQGRQDQ\DQG DOOURDGDOOURDGIURQWDJHVIURQWDJHV

Page 53

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ORDINARY MEETING OF COUNCIL 09 MARCH, 2021

Figure 6. Road Network

Page 54

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ORDINARY MEETING OF COUNCIL 09 MARCH, 2021

Table 6 Street Types

Street Type Description

Sub-Arterial Sub-arterial roads mediate between regional traffic routes and local traffic routes, and link arterial routes to town centres. Vehicular access to property is not permitted along these roads, so rear access should be provided for properties fronting them. Shared paths are provided for pedestrian and cycle use and on-street parking on both sides of the street is generally provided (with the exception of Samantha Riley Drive).

Sub Arterial roads in North Kellyville include Samantha Riley Drive, Hezlett Road, Withers Road, and the town centre loop road. Refer to Figures 7 and 8.

Collector Road Collects traffic from local streets and carries a higher volume of traffic, linking neighbourhoods and centres and accommodating public transport routes. Amenity and safety is to be maintained by restricting vehicle speeds through traffic-calming measures and intersection design. Intermittent parking with landscaping is provided on both sides of the street.

Collector roads in North Kellyville include Foxall Road, Withers Road, Barry Road, Stringer Road and Ross Place. Refer to Figure 9.

Town Centre Street Town centre streets are specially designed to create a pleasant and comfortable pedestrian environment. Amenity and safety is to be maintained through wide shaded footpaths, regular traffic calmed street and crossing points. Public transport routes can be accommodated. On-street parking is to be provided on both sides of the street, contributing to street activity and providing a buffer between pedestrians and cars on the travel way.

Town Centre streets in North Kellyville include sections of Withers Road and Hezlett Road. Refer to Figure 10.

Park Street Especially designed to encourage a cycle route running parallel to Hezlett Road and Foxall Road. It will feature a shared path for pedestrians and cyclists. It is designed to link key open spaces from the south of the Precinct to the North Kellyville Local Centre , primary school and beyond. The Park Street will be an important element of the water cycle management system by providing swales along the centre of the street.

Refer to Figure 11.

Local Street Provide local residential access. These streets are designed to slow residential traffic in order to give priority to pedestrians and cyclists. Amenity and safety is to be maintained by introducing various traffic calming measures. On-street parking is provided on both sides of the street. Local streets will be an important element of the water cycle management system by providing swales along the centre of the street.

Local streets in North Kellyville are as per Figure 12.

Minor Street Provide local residential access. These streets are designed to slow residential

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Street Type Description traffic in order to give priority to pedestrians and cyclists. Parking is permitted on one side of the street. Amenity and safety is to be maintained by introducing various traffic calming measures. Minor streets will be an important element of the water cycle management system by providing swales along one side of the street.

Refer to Figure 13.

Minor Street with Provide local residential access. These streets are designed to slow residential Cycleway traffic in order to give priority to pedestrians and cyclists. It will feature a shared path for pedestrians and cyclists. Parking is permitted on one side of the street. Amenity and safety is to be maintained by introducing various traffic calming measures. Minor streets will be an important element of the water cycle management system by providing swales along one side of the street.

Refer to Figure 14.

Street along Riparian Located along riparian corridors and parks. Amenity and safety is to be Corridors / Parks maintained by introducing various traffic calming measures. Parking will be provided on the side of the street adjoining the riparian corridor/park. Where Managed Ecological Zones are nominated by this DCP, the road corridor will include an area of land (nominated by this DCP) for ecological protection and bushfire asset protection. The North Kellyville Waterfront Land Strategy provides details on the objectives and controls applicable to Managed Ecological Zones.

Amenity, safety and emergency access and egress for fire fighting is to be maintained by designing the road in accordance with acceptable solutions as stipulated under Planning for Bushfire Protection 2006. Traffic calming measures are to be introduced and parking is to be provided on the dwelling side of the street to allow access for emergency vehicles as per Figure 15.

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STREET DESIGN

1. Streets are to be provided in accordance with the minimum cross-sections in Figures 7 to 15.

2. Internal intersections are to be T-junctions, roundabouts or controlled by other appropriate traffic management treatments to slow and control traffic.

3. Direct vehicular access to sub-arterial roads will not be permitted where alternate access is available. Access will not be restricted to any property with existing access from arterial roads until such time as alternate access is available.

4. Roundabouts, street cross falls, longitudinal gradient, vehicle-turning movements and sight distances are to comply with Council’s Design Guidelines Subdivisions/Developments (June 1997).

5. All Development Applications for subdivision are to detail the proposed kerb type.

6. Barrier kerbs are to be used through the whole Precinct unless otherwise indicated in the street sections on Figures 7 to 15.

7. Roll kerbs may be used in other locations to the above.

TEMPORARY ROAD CONSTRUCTION

1. Temporary public roads are permitted subject to the following criteria being satisfied:

- The temporary public road is to be constructed upon a minimum of two (2) residential development lots;

- The temporary public road is not to be constructed upon land zoned for Local or Neighbourhood Centre, Public Recreation, Infrastructure or Environmental Management;

- A minimum trafficable width of 6.0m is provided to cater for two-way traffic with 3.5m wide verges on both sides;

- The allotment layout associated with temporary public road construction does not result in the creation of undevelopable residue lots;

- The temporary public road does not compromise the safety of all road users including service and passenger vehicles, pedestrians and cyclists;

- The temporary public road is to be constructed to a standard in accordance with BHSC Shire Council Design Guidelines for Subdivisions/Developments (Section 5.07); and

- The final road configuration is consistent with the pre-planned road network and street type as identified in Figure 4.

2. The following information must be submitted in support of a DA proposing temporary road construction:

- An engineering design for the partial and full width road works must be submitted including details of any necessary drainage and service utility provision requirements;

- A traffic safety report prepared by an appropriately experienced professional must be submitted demonstrating how the partial road proposal provides for the safe usage of all road users including service

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and passenger vehicles, pedestrians and cyclists; and - Written evidence demonstrating that an attempt to cooperate with adjacent landowners has been undertaken must be submitted. Such evidence could be in the form of letters and responses (if applicable).

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PARTIAL WIDTH ROAD CONSTRUCTION

1. Partial width construction of existing and proposed roads is permitted subject to the following criteria being satisfied:

- The site(s) located opposite the proposed partial road are zoned for residential use and are not in public ownership or identified for acquisition, that is, the site(s) opposite are not zoned for Local Centre or Neighbourhood Centre, Public Recreation or Infrastructure;

- A minimum trafficable road width of 6.0m is provided to cater for two-way traffic;

- The development potential of all adjoining allotments is maintained. The proposed development shall not, in the opinion of the consent authority, render any allotment adjoining or opposite the site of the proposed development incapable of development for the purpose of residential development because the allotment would not meet minimum DCP or SEPP development standards;

- The safety of all road users including service and passenger vehicles, pedestrians and cyclists is not compromised by the proposed partial road construction; and

- The final road configuration is consistent with the pre-planned road layout and road type as shown in the North Kellyville Indicative Layout Plan and Part 3.1 of this DCP. Note: In some circumstances where proposed partial width roads straddle existing boundaries, the alignment of theroadmayneedtobe slightly offset to ensure the partial road is wholly contained on the applicant’sland.

2. The following information must be submitted in support of a DA proposing partial road construction:

- An engineering design for the partial and full width road works must be submitted including details of any necessary drainage and service utility provision requirements;

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Figure 7. Sub Arterial Road A - Hezlett Road (South of the Town Centre)

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Figure 8 Sub Arterial Road B - Withers Road (From Barry Road to Smalls Creek or Mungerie Road

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Figure 9. Collector Road

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Figure 10. Town Centre Street - Withers Road (between Barry Road and Hezlett Road)

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Figure 11. Park Street

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Figure 12. Local Street

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Figure 13. Minor Street

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Figure 14. Minor Street with Cycleway

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Figure 15. Street along Riparian Corridors/Park

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3.1.2 Laneways

Laneways are public roads that are shareways, utilitarian throughways of the street network that provide rear vehicular access to compact or restricted access lots. The primary purpose of rear laneways is to create attractive front residential streets by removing garages and driveway cuts from the street frontages, improving the presentation of houses and maximising on street parking spaces and street trees. Laneways are a ‘sacrificial’ network device: while they should be neat and tidy, they should not be confused with streets in width, character or function.

A laneway is a shareway, designed to be shared by all users whether they are pedestrians, cyclists or drivers. Equal priority between all users reinforces the distinctive, slow speed environment for drivers.

In their design and subdivision of lots, laneways should be provided with casual surveillance from some second floor rooms and balconies over garages. Various building forms can provide this casual surveillance along the lane such as studio dwellings, secondary dwellings and rooms of the principal dwelling or lofts over garages. Separate titling of studio dwellings may affect servicing requirements. Generally there will be no underground services in the laneway (except for streetlights) as the studios will be strata titled so power, water, gas, sewer and communications will be located in the front street and reticulated from the front of the allotment through the lot to the rear studio.

Objectives

a. To provide vehicular access to the rear or side of lots where front access is restricted or not possible, particularly narrow lots where front garaging is not permitted.

b. To reduce garage dominance in residential streets.

c. To maximise on-street parking spaces and landscaping in residential streets.

d. To provide opportunities for affordable housing options.

e. To reduce vehicular conflict through reduced driveway cross overs and focusing of traffic to known points.

f. To enable garbage collection.

g. To facilitate the use of attached and narrow lot housing to achieve overall higher neighbourhood densities.

h. To create a slow speed shared zone requiring co-operative driving practices for the very low volume and frequency of vehicle movements that is distinctly different in character and materials to residential streets.

CONTROLS

1. The design and construction of laneways is to be consistent with Figure 16 and the Department of Planning and Environment Delivery Note: Laneways.

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Typical Laneway section Typical Laneway (plan)

Figure 16. Laneway Principles

2. The laneway is a public “shareway” as the paved surface is for cyclists, pedestrians, garbage collection, mail deliveries, cars etc, with a 10 km speed limit and driveway-style crossovers to the street rather than a road junction.

3. The minimum garage doorway widths for manoeuvrability in this laneway section are 2.4m (single) and 4.8m (double).

4. The configuration of the laneway, associated subdivision and likely arrangement of garages arising from that subdivision should create ordered, safe and tidy laneways by designing out ambiguous spaces and unintended uses such as casual parking, the storage of trailers, bin stacking etc.

5. The layout of laneways should take into account subdivision efficiency, maximising favourable lot orientations, intersection locations with streets, topography, opportunities for affordable housing, legibility and passive surveillance.

- Generally, straight layouts across the block are preferred for safety and legibility, but the detailed alignment can employ subtle bends or secondary or studio dwellings over garages to add visual interest and avoid long distance monotonous views. “C” shaped layouts with the laneway length parallel to the front street can limit the views of laneways from residential streets to short sections. However, if the laneway is used for garbage collection, any bends or intersections are to be sized for garbage truck movements. Suggested layouts are in Figure 17.

- Lanes on sloping land with significant longitudinal and/or cross falls require detailed design consideration to demonstrate functionality.

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Figure 17. Sample Lane Layouts

6. Laneways that create a ‘fronts to backs’ layout (front addressed principle dwellings on one side and rear accessed garages on the other side) are to be avoided.

7. All lots adjoining a laneway should utilise the laneway for vehicular/garage access.

8. Passive surveillance along the laneway from the upper storey rooms or balconies of secondary dwellings, studio dwellings, principal dwelling or lofts over rear garages is encouraged. Ground floor habitable rooms on laneways are to be avoided unless they are located on external corners (laneway with a street) and face the street to take advantage of the residential street for an address, shown in Figure 18 as lane entry/street corner lots. Figure 18 indicates mid- lane lots and internal corner locations (lane with another lane) where ground floor habitable rooms in secondary dwellings or strata studios (marked ‘S’) are to be avoided.

9. A continuous run of secondary dwellings or strata studios along the lane is to be avoided, as it changes the character, purpose and function of the lane. No more than 25% of the lots adjoining lanes (excluding street corner lots with studio at the lane entry) are to have secondary dwellings or strata studios. See Figure 18.

10. All lot boundaries adjoining the lane are to be defined by fencing or built form. The garage setback to the lane is minimal (0.5m) to allow overhanging eaves or balconies to remain in the lot without creating spaces where people park illegally in front of garages and/or on the laneway. Deeper balconies requiring larger garage setbacks (up to 2m) may be permitted occasionally along the laneway provided the application demonstrates how the setback space will not create an opportunity for illegal parking, such as the presence of a supporting post or bollard.

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Figure 18. Sample laneways showing maximum number of secondary dwellings or strata studios

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3.1.3 Shared Driveways

Shared driveways are privately owned and maintained driveways that serve two or more dwellings through a titling arrangement such as a reciprocal right of way or community title. Shared driveways are usually of minimal dimensions for vehicle access to lots with only a single access to the street network. Garbage collection is usually not a function. Shared driveways are a useful subdivision device for a small number of dwellings with otherwise difficult access or unavoidable block configurations, but are not a substitute in blocks designed with significant numbers of dwellings requiring rear access by laneways.

OBJECTIVES

a. To minimise the impact of vehicle access points on the quality of the public domain and pedestrian safety.

b. To provide safe and convenient access to garages, carports and parking areas.

c. To clearly define public and private spaces, such that driveways are for the sole use of residents.

d. To permit casual surveillance of private driveways from dwellings and from the street.

CONTROLS

1. Shared driveways are to be constructed as one of three general types, depending on block geometry and garages to be accessed. Refer to examples in Figure 19.

2. Shared driveways are to have the smallest configuration possible to serve the required parking facilities and vehicle turning movements.

3. The driveway crossing the verge between the property boundary and the kerb is to have a maximum width of 5.4 metres.

4. The location of driveways is to be determined with regard to dwelling design and orientation, street gully pits and tree bays and is to maximise the available on-street parking.

5. The maximum travelling distance from a public road to a garbage collection area within a shared driveway is 70m. Where garbage collection is required to occur within the shared driveway (i.e. when an alternative collection point is not available), the layout is to be designed such that no reversing movements are required to be undertaken to enable a garage truck to enter and leave in a forward direction. A minimum pavement width of 5m and a turning circle with sweep turning paths overlaid into the design plan shall be submitted to demonstrate compliance with this requirement.

6. Access to allotments in the vicinity of roundabouts and associated splinter islands shall not be provided within 10m of the roundabout.

7. Driveways are not to be within 0.5m of any drainage facilities on the kerb and gutter.

8. Shared driveways are to have soft landscaped areas on either side, suitable for infiltration.

9. Shared driveways must be in accordance with the shareway principles and vehicle manoeuvring requirements of the Department of Planning and Environment Delivery Note: Laneways.

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Figure 19. Indicative examples of shared driveways

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3.2 Sub-precincts Development sub-precincts are areas generally bound by fixed roads and indicated in Figure 20.

OBJECTIVES 1. To allow departure from the Indicative Layout Plan; and 2. To ensure that access, drainage and servicing is appropriately provided to all sub-precincts.

CONTROLS

An applicant may depart from the subdivision layout within a sub-precinct provided that:

1. The block layout and subdivision objectives and controls outlined in Section 3.6.1 are met;

2. The level of access to fixed roads is retained;

3. The provision of drainage and service infrastructure is retained; and

4. Any variation from the Indicative Layout Plan does not limit the development potential for adjoining precincts to meet the objectives of the Indicative Layout Plan.

5. Where any variation to the residential street network indicated at Figure 6 is proposed, the alternative street network is to be designed to achieve the following principles:

a. a permeable street network that is based on a modified grid system; b. maximise connectivity across sub-precincts; c. maximise connectivity between residential areas and community facilities, open space and centres; d. encourage walking and cycling and reduce travel distances; e. take account of topography and accommodate significant vegetation; f. optimise solar access opportunities for dwellings; g. provide frontage to and maximise surveillance of open space and riparian corridors; h. provide views and vistas to landscape features and visual connections to nodal points and centres; i. maximise the use of water sensitive urban design measures; and j. minimise the use of culs-de-sac. If required, the maximum number of dwellings to be served by culs- de-sac is 10. Neighbourhood Block Design

1. The size of the block must facilitate circulation on public streets through each sub precinct.

2. The subdivision layout is to create a legible and permeable street hierarchy that responds to the natural site topography, the location of existing significant trees and solar design principles.

3. Orientate blocks, wherever possible, to maximise the number of east, west and south facing lots and to minimise the number of narrow north facing blocks.

4. Variation in the size of the blocks is permitted provided that a regular layout of streets allows for ease of circulation, and that the number of streets as indicated in the Indicative Layout Plan (refer to Figure 2) is not reduced. 5. Maximum block dimensions are not to exceed 85 metres x 220 metres.

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Figure 20 Sub Precincts

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3.3 Public Transport

OBJECTIVES

1. Encourage the use of public transport through the provision of integrated bus, pedestrian and cycle routes.

2. To encourage the provision and use of public transport within North Kellyville.

3. To ensure clear, safe pedestrian links to public transport stops.

4. To ensure that the majority of residential lots are within 400 metres distance from an existing or proposed bus stop.

CONTROLS

1. Bus stops should be provided generally in accordance with Figure 21 and be indicated on the subdivision DA drawings where the bus route is known. The final location of bus stops will be determined by Council’s Local Traffic Committee.

2. Bus stops should be provided on-street and not within indented bays. Bus shelters are to be provided at key stops and installed at the subdivision construction stage by the developer.

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Figure 21. Public Transport

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3.4 Pedestrian and Cycle Network

OBJECTIVES

1. To provide a convenient, efficient and safe network of pedestrian and cycleway paths for the use of the community, within and beyond the site.

2. To encourage residents to walk or cycle, in preference to using motor vehicles, as a way of gaining access to the schools, shops, and local community and recreation facilities.

3. To avoid duplication by allowing pedestrian pathways and cycleways to be located within parks and corridors wherever practical.

CONTROLS

1. Footpaths and cycle paths are to be provided in accordance with street sections provided in Section 3.1 Street Network and Design

2. All pedestrian and cycle routes are to be consistent with the Planning Guidelines for Walking and Cycling (DIPNR & RTA 2004) and Council’s Pedestrian Access and Mobility Plan 2003.

3. Pedestrian paths, cycle routes and facilities in public spaces are to be safe, well lit, clearly defined, functional and accessible to all.

4. Pedestrian paths, cycle paths and pedestrian refuge islands are to be designed to be fully accessible by all in terms of access points and gradients, generally in accordance with Australian Standard 1428:1-4.

5. Pedestrian and cycle pathways are to be constructed as part of the infrastructure works for each residential stage with detailed designs to be submitted with the construction certificate application. Concept approval will be required at DA stage.

6. Pedestrian and cycle routes shall be in accordance with Figure 22.

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Figure 22. Pedestrian and Bicycle Network

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3.5 Public Domain Works

OBJECTIVES

1. To meet the public open space and recreational needs of residents.

2. To provide an equitable distribution of public open space and recreation opportunities.

3. To ensure a high quality of design and embellishment of all public open space.

4. To ensure environmentally and visually sensitive land contributes to the landscape character of the Precinct.

5. To ensure that all the public domain elements like street trees, paving,streetfurniture, lighting, and signage contribute to a consistent street character.

6. To ensure that adequate provision is made for utilities.

7. To ensure that all utilities are integrated into the development and are unobtrusive.

8. To ensure that all parks are managed to the extent required to provide acceptable asset protection to adjoining dwellings.

CONTROLS

Public parks and landscape 1. Public parks should be provided in accordance with Figure 23.

2. Parks should be located and designed to accommodate remnant vegetation and where appropriate, should be linked to and integrated with riparian corridors. They should also be located to take advantage of views and vistas.

3. Parks should be generally bordered by streets on all sides with houses oriented towards them for surveillance. Smaller lot housing is encouraged around parks.

4. Riparian corridors and conservation areas are to provide opportunities for pedestrian and cycle ways, fitness trails and additional open space in a manner that maintains the environmental significance of these areas. A range of themed elements such as boardwalks, eco-pathways, and educational tracks should be utilised in appropriate locations (i.e. within the riparian corridor buffer).

5. A Landscape Plan is required to accompany a subdivision DA creating any park and is to provide details on elements such as:

1. asset protection zones

2. earthworks

3. furniture

4. plant species and sizes (with consideration for bush fire risks)

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5. play equipment

6. utilities and services

7. public art

8. hard and soft landscaping treatments

9. signage

10. any entry statements

11. waste facilities

12. any other embellishment.

Street Planting

1. Street trees are required for all streets. Street planting is to:

- Be consistently used to distinguish between public and private spaces and between different classes of street within the street hierarchy;

- Minimise risk to utilities and services;

- Be durable and suited to the street environment and, wherever appropriate, include endemic species;

- Maintain adequate lines of sight for vehicles and pedestrians, especially around driveways and street corners;

- Provide appropriate shade; and

- Provide an attractive and interesting landscape character and clearly define public and private areas, without blocking the potential for street surveillance.

2. Street trees will be required to be planted at the time of subdivision construction. Street trees will be protected with tree guards and a 12-month bond will be imposed to ensure the preservation of each tree.

3. Street tree planting is to be provided to all streets with a spacing of between 7 and 10 metres, with a minimum of one tree per lot frontage. Corner lots will have a minimum of two street trees and normally three trees. The location of street trees must complement proposed driveway locations.

4. Street tree species must be in accordance with Council’s list of preferred planting species in Appendix B.

5. Street tree species must be consistent with Council’s Non- Indigenous Planting Zone Map in Appendix B.

6. All enhanced collector roads are to be planted with a consistent species of tree in order to provide a boulevard treatment of the streetscape.

7. Landscape works in roundabout islands may include low-maintenance groundcover planting and native grasses with a mature height of up to 0.5 metres as well as clear-stemmed tree planting. A metered water supply point and subsurface drainage is required in all small island planter beds.

8. Access streets located adjacent to arterial roads are to include landscape treatment of the verge adjoining the arterial road. Road verges provide opportunities for unifying the appearance and landscape character of the area and should be provided as a continuous design feature along the length of the arterial road.

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Signage, Street Furniture, Lighting and Public Art

1. Signage, street furniture and lighting is to be:

- Consistent with BHSC DCP 2007 Part D Section 3 Landscaping;

- Designed to reinforce the distinct identity of the development;

- Coordinated in design and style;

- Located so as to minimise visual clutter and obstruction of the public domain; and

- Of a colour and construction agreed by Council.

2. The integration of artworks into the design of public spaces is encouraged.

3. Artworks should, where possible, serve a dual role, e.g. as play equipment for children, informal seating or a marker for a meeting place.

4. Locating entry signage and the like within a public road reserve is subject to Council agreement.

5. The location and design of signage and street furniture is to be indicated on engineering construction drawings.

6. All lighting proposed is to be identified with the engineering plans accompanying an application for a Construction Certificate. The level of street lighting is to be designed to meet the current Australian Standards AS/NZS 1158 series.

Utilities 1. Gas and water services may be located in a shared trench on one side of the street and electricity power and telephone located in a shared trench on the other side of the street. The North Kellyville Precinct is also to be serviced with a recycled water supply, which will require an increase in Sydney Water’s service allocation.

2. All development shall incorporate underground electricity reticulation and telecommunications.

3. Any existing aboveground electricity reticulation services shall be relocated underground with the exception of main transmission lines.

4. Where agreement to develop shared trench practices cannot be met, or location of services are unable to be limited to one side of the road, the alignment of services shall be to a standard acceptable to Council.

5. Utilities and services are to be supplied and constructed in accordance with the requirements of the relevant authority.

6. Details of the location of all sewer reticulation mains are to be supplied to Council for assessment of environmental and property considerations.

7. Pipes and conduits through bushland areas and areas with significant vegetation cover are to be avoided. Where it cannot be avoided, pipes are to be or under-bored with the aid of small machinery, causing minimal disturbance to vegetation and exposed rock outcrops.

8. Development is to have a water supply for fire-fighting purposes in accordance with the NSW Rural Fire Service’s Planning for Bushfire Protection 2006 (as amended). Page 83

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Figure 23. Open Space

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3.6 Residential Subdivision

3.6.1 Block and Lot Layout

OBJECTIVES a. To establish a clear urban structure that promotes a ‘sense of neighbourhood’ and encourages walking and cycling. b. To efficiently utilise land and achieve the target dwelling yield for the relevant Precinct. c. To emphasise the natural attributes of the site and reinforce neighbourhood identity through the placement of visible key landmark features, such as parks, squares and landmark buildings. d. To optimise outlook and proximity to public and community facilities, parks and public transport with increased residential density. e. To encourage variety in dwelling size, type and design to promote housing choice and create attractive streetscapes with distinctive characters. f. To accommodate a mix of lot sizes and dwelling types across a precinct. g. To establish minimum lot dimensions for different residential dwelling types.

CONTROLS

BLOCKS

11. Residential neighbourhoods are to be focused on elements of the public domain such as a school, park, retail, or community facility that are typically within walking distance.

12. Subdivision layout is to create a legible and permeable street hierarchy that responds to the natural site topography, the location of existing significant trees and site features, place making opportunities and solar design principles.

13. Pedestrian connectivity is to be maximised within and between each residential neighbourhood with a particular focus on pedestrian routes connecting to public open space, bus stops and railway stations, educational establishments and community/recreation facilities.

14. Street blocks are to be generally a maximum of 250m long and 70m deep. Block lengths in excess of 250m may be considered by Council where pedestrian connectivity, stormwater management and traffic safety objectives are achieved. In areas around neighbourhood and town centres, the block perimeters should generally be a maximum of 520m (typically 190m x 70m) to increase permeability and promote walking.

LOTS

15. Minimum lot sizes for each dwelling type will comply with the minimum lot size provisions permitted by the Sydney Region Growth Centres SEPP, summarised here as Table 7. In certain density bands, variations to some lot sizes may be possible subject to clauses in the Sydney Region Growth Centres SEPP.

16. Minimum lot frontages applying to each density band will comply with Table 8. Lot frontage is measured at the street facing building line as indicated in Figure 24.

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Table 7 Minimum lot size by density bands R2 Low R3 Medium R1 General Density Density Residential Residential Residential Minimum Net Residential Target 12.5 10 20 (dwellings/Ha) Dwelling House 300 360 300 (base control)

With BEP 240 360 225

As Integrated DA 240 360 200

No minimum lot size as strata development not subject to Studio Dwelling minimum lot size controls

Secondary Dwelling 450 450 In principle lot

Dual Occupancy 600 600 500

Semi Detached 300 300 150 Dwelling Not Attached Dwelling 1500 375 permissible Multi Dwelling Not 1500 1500 Housing permissible Not Manor Homes Not permissible 600 permissible Residential Flat Not 4000 2000 Buildings permissible

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Table 8 Minimum lot frontages by density bands Net Residential Density Target (dw/Ha)

10 to 12.5dw/Ha 15dw/Ha 20 to 45dw/Ha

Minimum Front Loaded 12.5m 9m 7m Lot Rear Loaded 4.5m 4.5m 4.5m Frontages

Note: The combination of the lot frontage width and the size of the lot determine the type of dwelling that can be erected on the lot, and the development controls that apply to that dwelling.

Figure 24. Measurement of minimum lot widths and lot area

17. A range of residential lot types (area, frontage, depth, zero lot and access) must be provided to ensure a mix of housing types and dwelling sizes and to create coherent streetscapes with distinctive garden suburban, suburban and urban characters across a neighbourhood.

18. In density bands ≤20dw/ha no more than 40% of the total residential lots proposed in a street block may have frontage of less than 10m wide.

19. In density bands ≤25dw/Ha, total lot frontage for front accessed lots greater than or equal to 7m and less than 9m should not exceed 20% of any block length due to garage dominance and on-street parking impacts.

20. Lots should be rectangular. Where lots are an irregular shape, they are to be large enough and oriented appropriately to enable dwellings to meet the controls in this DCP.

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21. Where residential development adjoins land zoned RE1 Public Recreation or SP2 Drainage, subdivision is to create lots for the dwelling and main residential entry to front the open space or drainage land.

22. The orientation and configuration of lots is to be generally consistent with the following subdivision principles:

- Smallest lots achievable for the given orientations fronting parks and open space with the larger lots in the back streets;

- Larger lots on corners;

- North to the front lots are either the widest or deepest lots, or lots suitable for residential development forms with private open space at the front. Narrowest lots with north to the rear.

23. Preferred block orientation is established by the road layout on the Indicative Layout Plan in the relevant Precinct Schedule. Optimal lot orientation is east-west, or north-south where the road pattern requires. Exceptions to the preferred lot orientation may be considered where factors such as the layout of existing roads and cadastral boundaries, or topography and drainage lines, prevent achievement of the preferred orientation.

24. An alternative lot orientation may be considered where other amenities such as views and outlook over open space are available, and providing appropriate solar access and overshadowing outcomes can be achieved.

Note: The combination of the lot frontage width and the size of the lot determine the type of dwelling that can be erected on the lot, and the development controls that apply to that dwelling.

ZERO LOT LINES

25. The location of a zero lot line is to be determined primarily by topography and should be on the low side of the lot to minimise water penetration and termite issues. Other factors to consider include dwelling design, adjoining dwellings, landscape features, street trees, vehicle crossovers and the lot orientation as illustrated at Figure 40.

26. On all lots where a zero lot line is permitted, the side of the allotment that may have a zero lot alignment must be shown on the approved subdivision plan.

27. Where a zero lot line is nominated on an allotment on the subdivision plan, the adjoining (burdened) allotment is to include a 900mm easement for single storey zero lot walls and 1200mm for two storey zero lot walls to enable servicing, construction and maintenance of the adjoining dwelling. No overhanging eaves, gutters or services (including rainwater tanks, hot water units, air-conditioning units or the like) of the dwelling on the benefited lot will be permitted within the easement. Any services and projections permitted under Clause 4.4 (6) within the easement to the burdened lot dwelling should not impede the ability for maintenance to be undertaken to the benefitted lot.

28. The S88B instrument for the subject (benefited) lot and the adjoining (burdened) lot shall include a note identifying the potential for a building to have a zero lot line. The S88B instrument supporting the easement is to be worded so that Council is removed from any dispute resolution process between adjoining allotments.

For more information, refer to the Department of Planning and Environment Delivery Notes: Zero Lot Boundaries and Building Envelope Plans.

SUBDIVISION OF SHALLOW LOTS

29. Shallow lots (typical depth 14-18m, typical area <200sqm) intended for double storey dwellings should be located only in locations where it can be demonstrated that impacts on adjoining lots, such as overshadowing and overlooking of private open space, satisfy the requirements of the DCP. For lots over 225sqm where development is not Page 88

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Integrated Assessment, the Building Envelope Plan should demonstrate in principle how DCP requirements such as solar access and privacy to neighbouring private open spaces will be satisfied.

SUBDIVISION FOR ATTACHED OR ABUTTING DWELLINGS

30. Subdivision of lots for Torrens title attached or abutting dwellings must take into account that construction will be in ‘sets’. A ‘set’ is a group of attached or abutting dwellings built together at the same time that are designed and constructed independently from other dwellings.

31. The maximum number of attached or abutted dwellings permissible in a set is six.

32. The composition of sets needs to be determined in the subdivision design to take into account the lot width required for a side setback to the end dwellings in each set. Examples of lot subdivisions for sets are illustrated in Figure 25

Figure 25. Two examples of lot subdivision for ‘sets’ of attached or abutting terraces.

RESIDENTIAL FLAT BUILDINGS

33. A person may not amalgamate two or more adjoining allotments after principle subdivision to create a larger lot that achieves the minimum lot size required for residential flat buildings.

3.6.2 Battle-axe Lots

OBJECTIVES

a. To limit battle-axe lots to certain circumstances.

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b. To ensure that where a battle-axe lot without public road or open space frontage is provided, their amenity and the amenity of neighbouring lots is not compromised by their location.

c. To enable battle-axe shaped lots or shared driveway access to lots fronting access denied roads.

CONTROLS

1. Principles for the location of battle-axe lots are illustrated at Figure 26.

2. Subdivision layout should minimise the use of battle-axe lots without public frontage to resolve residual land issues.

Figure 26. Examples of locations of battle-axe lots

3. In density bands 10, 15 and 20dw/Ha, the minimum site area for battle-axe lots without any street or park frontage is 500m² (excluding the shared driveway) and only detached dwelling houses will be permitted.

4. The driveway or shared driveway will include adjacent planting and trees, as indicated in Figure 27.

5. Driveway design, including dimensions and corner splays, is to be in accordance with Council’s Engineering Specifications.

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Figure 27. Examples of driveways and shared driveways for battle-axe lots

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3.6.3 Corner Lots

OBJECTIVES a. To ensure corner lots are of sufficient dimensions and size to enable residential controls to be met.

CONTROLS

1. Corner lots, including splays and driveway location, are to be designed in accordance with AS 2890 and Council’s Engineering Specifications.

2. Corner lots are to be designed to allow dwellings to positively address both street frontages as indicated in Figure 28.

3. Garages on corner lots are encouraged to be accessed from the secondary street or a rear lane.

4. Plans of subdivision are to show the location of proposed or existing substations, kiosks, sewer man holes and/or vents affecting corner lots.

Figure 28. Corner lots

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3.7 Subdivision Approval Process

Objectives

a. To facilitate a diversity of housing sizes and products.

b. To ensure that subdivision and development on smaller lots is undertaken in a coordinated manner.

c. To ensure that all residential lots achieve an appropriate level of amenity.

Controls

1. The land subdivision approval process is to be consistent with the requirements of Table 9.

2. Subdivision of land creating residential lots less than 225m2 or lots less than 9m wide shall include a dwelling design as part of the subdivision development application. The dwelling design is to be included on the S88B instrument attached to the lot.

Table 9. Subdivision Approval Process

DA for Integrated Housing (Integrated Assessment with DA for Subdivision subdivision prior to Approval pathway with Building construction of DA for Integrated DA for Subdivision Envelope Plan dwellings) Housing

Pathway A1 Pathway A2 Pathway B1 Pathway B2

Dwelling construction Dwelling construction detached Lots less than 300m2 involving or involving common abutting attached Lots equal to greater and equal to or greater dwellings on: walls (ie 2 Application than 300m than 225m2 in area, lots less than 225m2, dwellings) on: and with a width equal or lots less than 225m2, or to or greater than 9m*. lots with a width less lots with a width less than 9m*. than 9m*.

Dwelling plans As part of future DA or As part of future DA or Yes as part of Yes as part of required CDC CDC subdivision application subdivision application

Dwelling Design 88B Yes, only approved Yes, only approved No Yes restriction required dwelling can be built dwelling can be built

Timing of Pre-construction of Pre-construction of Prior to the issue of Post-construction of subdivision (release dwellings dwellings the CC dwellings of linen plan)

Housing Code Yes (for 200m2 lots Yes No No applicable and above)

*Minimum lot width refer to Table 8.

3. Subdivision applications that create lots smaller than 300m2 and larger than or equal to 225m2 must be accompanied by a Building Envelope Plan (BEP). An example of a BEP is included at Figure 29.

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The BEP should be at a legible scale (suggested 1:500) and include the following elements: x Lot numbers, north point, scale, drawing title and site labels such as street names x Maximum permissible building envelope (setbacks, storeys, articulation zones) x Preferred principal private open space x Garage size (single or double) and location x Zero lot line boundaries

A BEP should be fit for purpose and include only those elements that are necessary for that particular lot. Other elements that may be relevant to show include: x Special fencing requirements x Easements and sewer lines x Retaining walls x Preferred entry/frontage (e.g. corner lots) x Access denied frontages x Electricity kiosks or substations x Indicative yield on residue or super lots

For further information, refer to the Department of Planning and Environment Delivery Note: Building Envelope Plans

4. Applications for subdivision using approval pathways A2, B1 and B2 require a Public Domain Plan (PDP) to be submitted as part of the application. The purpose of the PDP is to demonstrate how the public domain will be developed as a result of future development on the proposed lots. An example of a PDP is included at Figure 30.

The PDP should be a legible scale (suggested 1:500) and include the following elements:

x Lot numbers, north point, scale, drawing title and site labels such as street names. x Indicative building footprints on the residential lots. x Location of driveways and driveway crossovers. x Verge design (footpath, landscape). x Surrounding streets and lanes (kerb line, material surface where special treatments proposed). x In laneways, indicative provision for bin collection. x Street tree locations. (Sizes and species list can be provided on a separate plan). x Demonstrated provision and arrangements for on-street car parking particularly in relation to street tree planting, driveways and intersections.* x Extent of kerb line where parking is not permitted.* * In principle, not as public domain works

Other elements that may be relevant to show include: x Location and type of any proposed street furniture x Location of retaining walls in the public domain x Electricity substations x Indicative hydrant locations at lane thresholds

Information on landscape treatment within the private lot is not required.

For further information, refer to the Department of Planning and Environmental Delivery Note: Public Domain Plans

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Figure 29. Sample of a Building Envelope Plan (BEP)

Figure 30. Sample of a Public Domain Plan (PDP)

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Subdivision in the E3 Zone

1. Any lot created must be capable of providing a building platform for the dwelling of at least 15m x 20m clear of any restrictions (including any Asset Protection Zones) or building line setbacks. The building platform shall be sited in an accessible and practical location suitable for residential building construction.

2. Suitable graded vehicle access shall be provided from a public road to the identified building platform in accordance with Councils minimum driveway requirements.

3. The subdivision plans must clearly indicate where the building platforms can be located on each lot and indicate the proposed access paths to the platforms, free of any restrictions or building line setbacks.

4. A covenant must be written to apply to all newly created lots within the E3 Environmental Management Zone, indicating that maintenance and management of Native Vegetation as shown in State Environmental Planning Policy (Sydney Region Growth Centres) 2006 (Amendment No. 3), Native Vegetation Protection Map must be undertaken by the owner of the subdivided lot in accordance with:

a landscape plan;

the Environmental Management Plan attached in Appendix C;

payment of 5 year bond to the council.

Subdivision in the E4 Zone

1. The minimum lot width is 30m unless the subdivision is undertaken as a community title scheme as outlined in point 6 below.

2. Any lot created must be capable of providing a building platform for the dwelling of at least 15m x 20m clear of any restrictions (including any Asset Protection Zones) or building line setbacks. The building platform shall be sited in an accessible and practical location suitable for residential building construction.

3. Suitable graded vehicle access shall be provided from a public road to the identified building platform in accordance with Councils minimum driveway requirements.

4. The subdivision plans must clearly indicate where the building platforms can be located on each lot and indicate the proposed access paths to the platforms, free of any restrictions or building line setbacks.

5. A covenant must be written to apply to all newly created lots within the E4 Environmental Living Zone, indicating that maintenance and management of Native Vegetation as shown in State Environmental Planning Policy (Sydney Region Growth Centres) 2006 (Amendment No. 3), Native Vegetation Protection Map must be undertaken by the owner of the subdivided lot in accordance with:

a landscape plan;

the Environmental Management Plan attached in Appendix C;

payment of 5 year bond to the council.

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Community Title subdivision

In some circumstances existing slope and vegetation require Asset Protection Zones (APZs) for Bushfire Hazard Management that limit the development opportunities available on land in the E4 Environmental Living zone. In these circumstances the aim is to achieve a consistency in streetscape character regardless of the underlying zoning applying to the land. Community title subdivision under the provisions of the Community Land Development Act 1989 (NSW) is encouraged to achieve this objective.

1. Community Title subdivision of land to create lots with narrower frontages and reduced side and front boundary setbacks in the E4 Environmental Living zone in accordance with State Environmental Planning Policy (Sydney Region Growth Centres) 2006 (Amendment No. 3) will be permitted where:

(a) The development is concentrated on the land within the development site excluding native vegetation shown in the Native Vegetation Protection Map and/or Riparian Protection Area;

(b) The land is subdivided into ten (10) or more lots (excluding the Community Lot);

(c) The land identified as contained vegetation shown in the Native Vegetation Protection Map and/or Riparian Protection Area is wholly contained within the Community Lot;

(d) The Community Lot is managed in accordance with a Plan of Management which creates and maintains fire protection zones and provides for the management, protection and enhancement of the environmental values of any land identified as contained native vegetation as shown in the Native Vegetation Protection Map and/or Riparian Protection Area. The Plan of Management shall contain, but is not limited to, an Environmental Management Plan, Bushfire Hazard Management Plan and details of the obligations of landowners in the ongoing management of Community Land;

(e) The Plan of Management will form part of the public authority by-laws in the Community Management Statement. The public authority by-laws relating to the Plan of Management shall provide that amendments to the Plan of Management may not be made without the consent of the public authority (Hills Shire Council) in accordance with the Community Land Management Act 1989 (NSW);

(f) The design of roads and lots within the development provide for NSW Rural Fire Service vehicle access and comply with the provisions of Planning for Bushfire Protection 2006 (as amended) where required. Roads which are adjacent to land identified as Riparian ProtectionArea,thatavoid significant land reformation and provide for street-orientated development are encouraged;

(g) Stormwater drainage be provided in accordance with the urban flow attenuation rates identified in Section 6.1 of this Development Control Plan.

2. Development applications for community title subdivision are to be consistent with the design principles illustrated in Figure 31 to Figure 33 which focus on providing street oriented and accessible subdivision designs.

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Figure 31. Traditional Torrens Subdivision

Figure 32. (A) Community Title Subdivision

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Figure 33. (B) Community Title Subdivision

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3.8 Residue Lots

OBJECTIVES

1. To ensure that any residue lot created as part of the subdivision can meet the requirements of the DCP.

CONTROLS

Any development proposal including creation of residue lots for future subdivision must:

- Include documentation demonstrating how the minimum density can be achieved across each residue lot through future subdivision. The minimum density for each site should in accordance with Section 2.4.

- Demonstrate how the future development of each residue lot can be consistent with the character statement for the local area in terms of the built form, dwelling types, bulk and scale, height and other public domain considerations.

- Demonstrate that the residue lot can be serviced and accessed in accordance with Figure 2. Indicative Layout Plan.

- Demonstrate that development of the residue lot can be undertaken without compromising the other objectives and controls of this DCP.

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ATTACHMENT 3

Box Hill Growth Centre Precincts

Development Control Plan

November 2016

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Attachment 4

Inclusion of roads in contributions plans

18 April 2019

WHAT HOW On 1 April 2019 we held a workshop with councils and development industry Workshop participants generally agreed representatives to discuss: that:

T the inclusion of transport items in local T Where possible, councils should infrastructure contributions plans require developers to deliver local or (nexus), and collector roads through conditions of T the apportionment of the cost of development consent. transport items across development T Where there are practical reasons that subject to the relevant contributions prevent a road from being delivered plan. through conditions of development The workshop focused on the inclusion of consent, it is reasonable for the road to local and collector roads in contributions be included in the contributions plan. plans. Stakeholders also generally agreed that This Fact Sheet provides a summary of the the benefits of apportioning road costs workshop discussion and explains how we across a broad catchment outweigh the intend to assess whether there is nexus for costs and complexity of accurately the roads in plans we are assessing, and apportioning the costs within smaller whether the apportionment of the road catchments. They also accepted that costs is reasonable. apportioning transport costs on a per person basis for residential development is reasonable. WHY We have observed variation in the types of WHAT NEXT roads included in the contributions plans we have assessed, and the methods of When submitting plans for IPART apportioning costs to development. assessment, for each road included in a To date, councils have provided limited contributions plan, applicant councils information to explain why they have should: included specific roads or apportioned T explain why it is not practical or costs in a particular way. possible to require a developer to deliver a road as a condition of development consent, and

WHO T provide information to support its position or approach. This issue is relevant to all councils preparing contributions plans for IPART If a council decides to create contributions assessment, developers subject to sub-catchments for transport costs, it contribution rates and other stakeholders should clearly define the sub-catchments with an interest in contributions plans. and explain the basis for creating sub- catchments.

Independent Pricing and Regulatory Tribunal – Fact Sheet 1

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Inclusion of roads in contributions plans

1 Our method for assessing roads in contribution plans

Our method for assessing nexus for, and apportioning costs of, roads in contributions plans will involve consideration of the following principles:

T Councils should secure the delivery of local and collector roads through conditions of development consent, where possible.

T Where it is not possible or practical to secure the delivery of a local or collector road (or segment of road) through conditions of development consent, there may be a case for including the road in the plan. This may be the case when:

V the road or half-road fronts public or non-developable land

V the road serves a critical role in the transport network

V the road is required to lead or facilitate development

V it is not practical for an individual developer to provide the road, and/or

V there is fragmented ownership of adjoining land.

T Fragmented land ownership of itself is not likely to be sufficient reason to include a road in a contributions plan.

T When including a road in a plan, the council should provide an explanation and supporting information, preferably in explanatory notes as part of a contributions plan, to encourage stakeholder engagement when the draft plan is exhibited.

T When considering which road costs need to be included in a plan, councils should separately consider:

V land acquisition costs

V works costs, and

V design costs.

T A simple approach to the apportionment of transport costs across the plan area (on a per person basis for residential development) is preferred to a more complex – but more accurate – approach.

Independent Pricing and Regulatory Tribunal – Fact Sheet 2

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ITEM-4 LEASE TO THE HILLS DISTRICT TENNIS ASSOCIATION INC.

DOC INFO

THEME: Building a Vibrant Community & Prosperous Economy 1 A connected and inclusive community with access to a OUTCOME: range of services and facilities that contribute to health and wellbeing. STRATEGY: 1.3 Facilitate the provision of services across the community.

MEETING DATE: 9 MARCH 2021 COUNCIL MEETING

GROUP: SHIRE STRATEGY, TRANSFORMATION AND SOLUTIONS

PROPERTY OFFICER AUTHOR: DEBRA PALMER

MANAGER – SPECIAL PROJECTS, PROPERTY & RESPONSIBLE OFFICER: BUILDINGS STEPHEN CULLEN

EXECUTIVE SUMMARY This report recommends that Council enter into a new lease agreement with The Hills District Tennis Association Inc. at Part Lot 7004 DP 1060538, Fred Caterson Reserve, Gilbert Road, Castle Hill for 5 years subject to the terms and conditions detailed in this report.

REPORT The Hills District Tennis Association Inc. (HDTA) currently utilise the tennis facility located within Fred Caterson Reserve, Gilbert Road, Castle Hill. HDTA has expressed their interest in signing a new Lease and continuing their strong relationship with The Hills Shire Council.

On 12 August 2020 the Draft Concept Master Plan for Fred Caterson Reserve was placed on exhibition and following submission a further report was considered at the meeting on 24 November 2020. Council resolved to adopt the Masterplan and proceed with an EOI for the Pony Club site. The master plan for Fred Caterson Reserve provides for the expansion of the tennis complex from 10 to 14 courts inclusive of a centre court, plus four ‘hot shot’ courts, improved clubhouse and spectator facilities.

The HDTA were seeking a long tenure however it is understood that Council are unable to grant a long term lease at this time as the facilitation of the proposed expansion of the facility will require further investigation. During the next 5 years Council may proceed with an EOI to explore the opportunities to partner with a suitable tennis entity that may be able to facilitate the expansion and contribute to the construction and costs associated with the ongoing development.

There will be opportunity for the HDTA to participate in the EOI process to establish Fred Caterson Reserve as a premium grade sporting and recreational precinct. Their vision for

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the association and expertise from Tennis NSW and Tennis Australia would be a welcome contribution.

Meetings and discussions held between HDTA representatives and Council’s Property officers Team has resulted in agreement to the proposed terms as detailed below:

Commencement 18 September 2020 Term 5 years Option Not used Expiry 17 September 2025 Lessor The Hills Shire Council Lessee Hills District Tennis Association Inc. Premises Part Lot 7004 DP 1060538, Fred Caterson Reserve, Gilbert Road, Castle Hill. Annual Rent $76,187.78 plus GST Annual Increase Not Used Outgoings 100% Lessee (separately metered services) Legal Costs 100% Lessee Use For the purpose of playing the sport tennis and activities associated therewith including social and recreational activities and tuition in tennis

The outgoings include, but are not limited to; rates, insurance, telecommunication, electricity, gas and day to day maintenance.

Their lease area includes the current tennis courts (10 courts), 3 Clubhouse buildings which include amenities and an associated car parking area. The Lessee will keep the premise in good repair and properly maintained throughout the tenure, fair wear and tear excepted.

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It is proposed to advertise the proposed lease under section 47A of the Local Government Act, 1993. Under these provisions, Council is required to give notice of its intention to enter into the lease but is able to deal with submissions by way of objection at the Council level. There is no Ministerial consent required unless Council has received a written request from the Minister to do so. Given that this facility has been traditionally operated under a lease arrangement, it is unlikely that the Minister would do so. Any licence or lease under this provision in the Act is limited to a maximum of 5 years without any reference to an option beyond the initial 5 years.

IMPACTS Financial The outcome of this report has a minimal financial impact on Council’s adopted budget.

Strategic Plan - Hills Future This report facilitates the provision of services to the community and enhances the use of Council facilities.

RECOMMENDATION 1. Pursuant to the provisions of Clause 47A of the Local Government Act, 1993 NSW, Council give notice of its intention to grant a Lease to The Hills Tennis Association Inc. over Part Lot 7004 DP 1060538, Crown Reserve No. 22886, Fred Caterson Reserve, Gilbert Road, Castle Hill under the terms outlined in this report.

2. That if any submissions are received by way of objection that a further report be brought back to Council, otherwise the lease be authorised for execution under seal.

ATTACHMENTS Nil.

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ITEM-5 REGIONAL ILLEGAL DUMPING SQUAD

DOC INFO

THEME: Valuing our Surroundings 9 Our natural surroundings are valued, maintained and OUTCOME: enhanced and impacts are managed responsibly through education and regulatory action. 10.1 Provide services, infrastructure, information and STRATEGY: education that facilitate resource recovery and encourage commercial and residential waste minimisation.

MEETING DATE: 9 MARCH 2021 COUNCIL MEETING

GROUP: DEVELOPMENT AND COMPLIANCE

MANAGER – ENVIRONMENT & HEALTH AUTHOR: ANGELO BERIOS

GROUP MANAGER – DEVELOPMENT & COMPLIANCE RESPONSIBLE OFFICER: CAMERON MCKENZIE

EXECUTIVE SUMMARY The Hills Shire Council is a member of the Western Sydney Regional Illegal Dumping Squad (RID Squad). The RID Squad is a regionally based team that specialises in combatting and preventing illegal dumping. Participation is subject to the Co-operation Agreement (2017- 2021) which expires on 30 June 2021. The Environment Protection Authority (EPA) is working on a 20-year waste strategy which includes approaches to reduce illegal dumping. The EPA have allocated funding for the 2021-22 financial year to support the continuation of the RID Squad prior to transitioning into the long term strategy in 2022 and beyond.

This report recommends that Council extend the Co-operation Agreement term for a one year period.

BACKGROUND The RID Squad was established in 1999. Council has been a member for the past 21 years. Other member councils include Blacktown, Blue Mountains, Camden, Cumberland, Fairfield, Campbelltown and Penrith, who are the host council. A Management Committee, convened under Section 355 of the Local Government Act 1993, oversees the operation of the RID Squad. The EPA assists with the delivery of the RID Squad through financial contributions to the operational costs. A 50% contribution is funded by the EPA.

REPORT The purpose of the RID Squad is to provide enforcement and education across the Western Sydney Region to assist identify and to reduce the incidence of illegal dumping. Each member council has a representative on the Management Committee to influence the activities of the RID Squad. The RID Squad has been highly effective in minimising illegal dumping and the service provided is of a high level.

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The Co-operation Agreement (2017-21) includes terms and conditions including a payment schedule for contributions. In 2019-20, the RID Squad investigated 527 illegal dumping customer service requests in The Hills. Domestic household waste and construction and demolition waste in new release areas currently under development continue to be key illegal dumping issues. The services provided by the RID Squad included investigating illegal dumping on both public and private land, identifying offenders, taking regulatory action and educating the community about illegal dumping. The RID Squad aim to tackle illegal dumping whilst providing a more regionally strategic and coordinated approach to dumping incidents.

Council’s membership contribution for 2020-21 was $84,000. The EPA equals the funding provided by councils. Council receives a RID Squad Investigation Officer with a vehicle for our contribution. The investigator works with council staff to effectively deal with customer service requests relating to illegal dumping. The RID Squad retain any funds received through the issuing of fines.

The EPA has announced funding to extend the Waste Less, Recycle More program for the 2021-22 financial year. This is instead of allocating funding for a 5 year term. The EPA are preparing to implement the 20-Year Waste Strategy and have decided to allocate funding for one year whilst they work with councils during 2021-22 to transition to the 20-Year Strategy in 2022. The proposed contribution for 2021-22 is $84,840.

Council’s Manager – Environment & Health will continue as the Management Committee representative for The Hills. Penrith (host council) will continue to act as administrator and be responsible for the operation of the RID Squad. Penrith employ a project coordinator, who will continue to manage the RID Squad and its employees and attend to the Management Committees requirements. Although the costs of the RID Squad are shared equally between the member councils including employee and other running costs, the administrator retains employment of the RID Squad staff under their contract arrangements. The Management Committee will remain responsible for all operational issues and retains control over strategic issues, operational proprieties and making certain that each member council’s needs are met by the RID Squad.

Apart from the benefits of a regional approach to illegal dumping, the RID Squad provides staff resources, plant, equipment and expertise to supplement councils regulatory and waste management functions. The Western Sydney RID Squad has expanded in recent years with Blue Mountains, Camden and most recently Campbelltown becoming members.

CONCLUSION The RID Squad has been highly effective in minimising illegal dumping and it is recommended Council engage in a further Cooperation Agreement for a 1 year period.

IMPACTS Financial Funds of $84,000 have been expended which represent 100% of the 2020/21 adopted Budget. The contribution for 2021/22 is $84,840. Funds of $84,840 have been budgeted in the draft Budget for 2021/22.

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RECOMMENDATION The General Manager be authorised to enter into a further Cooperation Agreement with the Western Sydney Regional Illegal Dumping Squad for a 1 year period (2021-22).

ATTACHMENTS 1. Western Sydney RID Squad Annual Report 2019/2020 (53 pages)

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Western Sydney ATTACHMENT 1 Regional Illegal Dumping Squad 2019 / 2020 Annual Report

Western Sydney Regional Illegal Dumping Squad 2019 / 2020 Annual Report 1

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Report Contents All Councils

Page Item Applicable Area

1 Cover Page —

2 Contents —

3 Western Sydney RID Squad Overview All Councils

4 Coordinator’s Report All Councils

5-6 Invesgaon Summary All Councils

7 Fines Issued All Councils

8-14 Year In review Blacktown City Council

15-22 Year In review Blue Mountains City Council

23-29 Year In review Fairﬁeld Council

30-36 Year In review The Hills Shire Council

37-45 Year In review Cumberland Council

46-53 Year In review Penrith City Council

Western Sydney Regional Illegal Dumping Squad 2019 / 2020 Annual Report 2

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Western Sydney RID Squad Overview All Councils

RID Squad Management Commiee The Management Commiee during this period consisted of: x Hong Nguyen Fairﬁeld City Council — Chairperson x Sally Bowers EPA x Christy Groves EPA x Donna Wallace Blacktown City Council x Rodney Bles Blue Mountains City Council x Brian Crane Blue Mountains City Council x Stuart Nunn Cumberland City Council x Samuel Gill Camden Council x Greg McCarthy Penrith City Council x Angelo Berios The Hills Shire Council

RID Squad Cooperave Agreement The Cooperave Agreement provides responsibilies for both the member councils and the host council being Penrith City Council. The RID Squad Cooperave Agreement gives Penrith City Council, as manager of the project, responsibility for the following: x Overall management of the project contract x Employment of project staﬀ x Human resource management and training for project staﬀ x Management of and administrave support for Commiee Meengs x Financial management and reporng of the venture costs, including account auding x Appointment of a representave on the Management Commiee x Appointment of a RID Coordinator to oversee the administraon and day-to-day management of the Squad and its acvies, including: ○ Day-to-day running of the project ○ Implemenng the Operaon Program ○ Undertaking an annual review of the project, recommending to the Commiee whether, and in what form, the project should connue.

Western Sydney Regional Illegal Dumping Squad 2019 / 2020 Annual Report 3

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Coordinator ’s Year In Review All Councils

The Western Sydney RID Squad conducted 3167 invesgaons during the reporng period, which equated to an increase of 35.2% on the previous year. During the same reporng period, there were 116 Penalty Infringement Noces issued, totaling $196,700 in ﬁnes.

In terms of human resources, the arion rate of full me staﬀ within the squad was zero. During this same period, we had a temporary appointment to the squad for a period of six month. At present, there is one invesgator within the unit that is not employed on a permanent basis. They are on an extended secondment.

Operaonally, the RID Squad has navigated the Covid-19 pandemic successfully. Systems that have been implemented have allowed invesgators and support staff to efficiently undertaken their dues and respond to and invesgate maers in a mely manner. All staff with the excepon of the coordinator at present are working remotely.

From an invesgave perspecve, procedures, processes, iniaves and systems which were implemented early on in the ﬁnancial year have not only increased the operaonal eﬃciency of the unit, but have also led to more thorough, transparent and higher quality invesgaons.

Iniaves and systems work are listed below; x An Internal Development Program x A Proacve Saturaon Patrol Program x A Mentoring and Shadowing Program x A New Invesgator Training Program x The implementaon of Major Invesgaons framework x Cross LGA invesgaon Protocols & systemac allocaon of work x The partnering of invesgators x Special Projects x An External Educaon Delivery Program x Oversight and invesgaon veng procedures

In reference to Western Sydney RID Squad Membership, there was no change. All six councils have remained with the program.

On a ﬁnal note, I am very pleased to have Camden Council join the Western Sydney RID Squad. Their oﬃcial start date was on 1 July 2020.

Western Sydney Regional Illegal Dumping Squad 2019 / 2020 Annual Report 4

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Invesgaon Summary All Councils

Invesgaons Conducted

Invesgaon Status Number Comments

Incidents Opened 3,167

Invesgaons Status

Invesgaon Result Amount

Closed 3099

Under Invesgaon 68

Total 3,167

Case status

Closing Result Number Comments

Referred to EPA 2

Referred to Another Authority to Close 4

Referred to Council for Compliance Acon 19

Referred to Another Authority 32

Under Invesgaon 68

Regulatory Acon Taken 153

Other 214

Insuﬃcient Informaon to Follow Up 303

No Waste Found 327

Oﬀender/Land Owner Cleaned-up No Regulatory Acon Taken 414

Referred to Council for Clean up 1,631

Total 3,167

Western Sydney Regional Illegal Dumping Squad 2019 / 2020 Annual Report 5

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Invesgaon Summary All Councils

Waste Type

Closing Result Amount

Baeries 2

Food Waste including cooking oil 9

Asbestos; Fibro sheets 22

Mulch 23

Scrap Metal 23

Asbestos; mixed with other waste 34

Vehicles and Car Parts 43

Electronic Waste; TV's, computers 47

Wood waste; pallets, crates, oﬀcuts 54

Liquid Waste; Paint, oils, chemicals 57

Commercial & Industrial 69

Tyres 81

Household- White goods e.g. fridge 97

Soil and excavated material 104

Other 108

Packaging or Paper; plasc, paper, cardboard 177

Maresses 205

Green Waste 212

Household-General Waste; e.g. nappies, food 247

Construcon & demolion; brick, les, mber, concrete 348

Household- Items; furniture, clothes, carpets 1,205

Total 3,167

Western Sydney Regional Illegal Dumping Squad 2019 / 2020 Annual Report 6

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Fines Issued All Councils

Oﬀence Penalty Total Total SDRO Short Title Code Amount ($) Issued Amount ($)

20857 Not Comply With Requirement Under Chapter 7 - Corporaon 1,500 9 13,500

26931 Deposit Lier Excluding Cigaree & From Vehicle - Individual 500 1 500

26934 Deposit Lier from Vehicle No Exclusions - Corporaon 500 1 500

30857 Not Comply With Requirement Under Chapter 7 - Individual 750 32 24,000

Transport etc Waste To Unlawful Waste Facility - Class 1 Oﬃcer - 34123 4,000 2 8,000 Corporaon

Transport etc Excess Waste to Unlawful Waste Facility - Class 1 Oﬃcer - 34125 8,000 1 8,000 Corporaon

Owner Transport Excess Waste To Unlawful Waste Facility - Other - 34132 8,000 1 8,000 Corporaon

Owner Transport Waste To Unlawful Waste Facility - Class 1 Oﬃcer - 34135 4,000 4 16,000 Corporaon

36931 Deposit Lier Excluding Cigaree & From Vehicle - Individual 250 6 1,500

36933 Deposit Lier Lit Cigaree Excluding From Vehicle 250 1 250

36934 Deposit Lier from Vehicle No Exclusions - Individual 250 13 3,250

36939 Aggressive Deposit Lier From Vehicle No Exclusions - Individual 450 1 450

84104 Fail to Comply with Clean Up Noce - Class 1 Oﬃcer - Individual 4,000 1 4,000

84123 Transport etc Waste To Unlawful Waste Facility -Class 1 Oﬃcer - Individual 2,000 18 36,000

Transport etc Excess Waste To Unlawful Waste Facility - Class 1 Oﬃcer - 84125 4,000 9 36,000 Individual

Owner Transport Excess Waste To Unlawful Waste Facility - Other - 84132 4,000 3 12,000 Individual

84135 Owner Transport etc Waste To Unlawful Facility - Class 1 Oﬃcer - Individual 2,000 12 24,000

88812 Transporter Fail To Avoid Waste Spilling Or Leaking Etc - Individual 750 1 750

Total 116 196,700

Western Sydney Regional Illegal Dumping Squad 2019 / 2020 Annual Report 7

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Western Sydney Regional Illegal Dumping Squad 2019 / 2020 Annual Report 8

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Secon Contents Blacktown Council

Page Item

8 Cover Page

9 Secon Contents

10 Area Report

11-12 Invesgaon Summary

13 Infringements Issued

14 Special Operaon

Western Sydney Regional Illegal Dumping Squad 2019 / 2020 Annual Report 9

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Year In Review Blacktown Council

Area Report

During this reporng period (2019/2020 financial year) Adam Auell was inially assigned to be the liaison officer but due to area rotaon requirements, Amanda Harton was then tasked the LGA. The WSRID Squad Administraon Officer, Lauren Butler, has been crucial in assigning field Invesgators from the office and answering Council and customer enquiries.

Four hundred and ninety-ﬁve (495) incidents were invesgated. Majority of these cases resulted in Regulatory Acon being taken and/or the waste being removed. Invesgated waste totalled an esmate of 1655 tonnes.

WSRID Squad Invesgators distributed a number of Blacktown Council branded ﬂyers/ pamphlets and spoke with residents as an educaonal tool to deter the unlawful disposal of waste. Addionally, twenty-one (21) RID branded signs and sixteen (16) temporary surveillance cameras were installed to target and reduce illegal dumping.

The following trends have emerged during this reporng\g period.

Land Owner Where Waste Was Dumped # Crown Land 1 Roads and Marime Services 2 Private 23 Other 127 Council Land 342 Total 495

Western Sydney Regional Illegal Dumping Squad 2019 / 2020 Annual Report 10

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Invesgaon Summary Blacktown Council

Invesgaons Conducted

Invesgaon Status Number

Invesgaons Opened 495

Invesgaons Status

Invesgaon Result Amount

Under Invesgaon 18

Closed 477

Total 495

Case Status

Closing Result Number

Referred to Another Authority 1

Referred to EPA 1

Referred to Council for Compliance Acon 3

Under Invesgaon 18

Other 26

Insuﬃcient Informaon to Follow Up 31

Oﬀender/Land Owner Cleaned-up No Regulatory Acon Taken 36

No Waste Found 40

Regulatory Acon Taken 55

Referred to Council for Clean up 284

Total 495

Western Sydney Regional Illegal Dumping Squad 2019 / 2020 Annual Report 11

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Invesgaon Summary Blacktown Council

Waste Type

Closing Result Amount

Mulch 1

Vehicles and Car Parts 1

Asbestos; Fibro sheets 2

Food Waste including cooking oil 2

Electronic Waste; TV's, computers 3

Asbestos; mixed with other waste 4

Household- White goods e.g. fridge 4

Scrap Metal 5

Liquid Waste; Paint, oils, chemicals 7

Other 11

Soil and excavated material 14

Wood waste; pallets, crates, oﬀcuts 14

Green Waste 15

Tyres 15

Commercial & Industrial 21

Packaging or Paper; plasc, paper, cardboard 28

Maresses 29

Household-General Waste; e.g. nappies, food 44

Construcon & demolion; brick, les, mber, concrete 75

Household- Items; furniture, clothes, carpets 200

Total 495

Western Sydney Regional Illegal Dumping Squad 2019 / 2020 Annual Report 12

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Infringements Issued Blacktown Council

Total Oﬀence Penalty Total SDRO Short Title Amount Code Amount ($) Issued ($)

Not Comply With Requirement Under Chapter 7 - 20857 1,500 2 3,000 Coporaon

26934 Deposit Lier from Vehicle No Exclusions - Corporaon 500 1 500

30857 Not Comply With Requirement Under Chapter 7 - Individual 750 14 10,500

Owner Transport Excess Waste To Unlawful Waste Facility - 34132 8,000 1 8,000 Other - Corporaon

Owner Transport Waste To Unlawful Waste Facility - Class 1 34135 4,000 1 4,000 Oﬃcer - Corporaon

36931 Deposit Lier - Excluding Cigaree From Vehicle 250 2 500

36934 Deposit Lier from Vehicle No Exclusions - Individual 250 2 500

Fail to Comply with Clean Up Noce - Class 1 Oﬃcer— 84104 4,000 1 4,000 Individual

Transport etc Waste To Unlawful Facility - Class 1 Oﬃcer - 84123 2,000 4 8,000 Individual

Transport etc Excess Waste To Unlawful Facility - Class 1 84125 4,000 6 24,000 Oﬃcer - Individual

Owner Transport Excess Waste To Unlawful Waste Facility - 84132 4,000 3 12,000 Other - Individual

Owner Transport etc Waste To Unlawful Facility - Class 1 84135 2,000 4 8,000 Oﬃcer - Individual

Transporter Fail To Avoid Waste Spilling Or Leaking Etc - 88812 750 1 750 Individual

Total 42 83,750

Western Sydney Regional Illegal Dumping Squad 2019 / 2020 Annual Report 13

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Operaon 1— Operaon Engagement Blacktown Council

Brief

The Western Sydney RID Squad will execute Operaon Engagement on Friday 24 and Saturday 25 July 2020. The operaon will be undertaken within the Blacktown Local Government Area (LGA) and will ulise three available invesgators within the squad and staﬀ from the Blacktown City Council Sustainable Resources Team.

The Operaon will target the new residenal developments of Marsden Park, Riverstone and Schoﬁelds/The Ponds.

The aim of Operaon Engagement is to engage with residents living within these new housing developments and provide educaonal material relang to the free council collecon service and to also provide informaon relang to what constutes illegal dumping of waste.

It is intended that door knocks will take place where both RID officer’s and Council staff can have meaningful discussions with the residents about their waste pracces and the benefits of responsible waste pracces within their neighbourhood.

Educaonal material is to be entered into RID Online. x Streets where residents spoken to and or educaonal material deposited in leer boxes is to be recorded in RID Online under Infrastructure/Educaonal material. For this operaon it is reasonable to only enter each street into RID Online as opposed to individual premises, this is due to me constraints. x It is the responsibility of each invesgator/staﬀ member to record what streets they have aended to avoid doubling up.

Any Waste found with ID whilst on Proacve Patrol will follow the below procedure. x Obtain satellite image x Photograph exhibits x Mark waste with Blacktown Council Sckers (tape and or spray paint) x RID Online entry x Inform council via email x Undertake pernent inquiries x Undertake relevant regulatory acon (PIN, Formal Cauon, Clean Up Order, Educaon leer)

Western Sydney Regional Illegal Dumping Squad 2019 / 2020 Annual Report 14

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Western Sydney Regional Illegal Dumping Squad 2019 / 2020 Annual Report 15

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Secon Contents Blue Mountains Council

Page Item

15 Cover Page

16 Secon Contents

17 Area Report

18-19 Invesgaon Summary

20 Infringements Issued

21-22 Media Release

Western Sydney Regional Illegal Dumping Squad 2019 / 2020 Annual Report 16

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Year In Review Blue Mountains Council

Area Report Sarah Meszaros and Daniel Richardson were the primary Invesgators for the area. The two liaisons were also supported by the WSRID Squad Administraon Oﬃcer, Lauren Butler, who has been crucial in answering enquires and recording relevant data.

A number of invesgaons have led to Regulatory Acon including the issuing Penalty Infringement Noces. Similarly, a large poron of cases were closed as Invesgators were able to get oﬀenders or land owners to remove their waste.

During this reporng period, the WSRID Squad opened six hundred and eighty ﬁve (685) illegal dumping cases. RID Online has esmated that the invesgated waste weighed 338.93 tonnes.

In addion to reacve invesgaons, the Blue Mountains LGA was also proacvely patrolled, speciﬁcally in known hot spot areas. Thirty three (33) RID branded signs were installed throughout the LGA while seven (7) temporary surveillance cameras were posioned, to detect and deter illegal dumping.

The following trends have emerged during this reporng\g period.

Land Owner Where Waste Was Dumped # NSW Land & Housing Corporaon 1 Roads and Marme Services 1 Aboriginal Land 2 Private 4 Naonal Parks and Wildlife Service 8 Crown Land 11 Other 55 Council Land 603

Western Sydney Regional Illegal Dumping Squad 2019 / 2020 Annual Report 17

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Invesgaon Summary Blue Mountains Council

Invesgaons Conducted

Invesgaon Status Number

Invesgaons Opened 685

Invesgaons Status

Invesgaon Result Amount

Under Invesgaon 3

Closed 682

Total 685

Case Status

Closing Result Number

Referred to EPA 1

Under Invesgaon 3

Referred to Another Authority 7

Referred to Council for Compliance Acon 9

Regulatory Acon Taken 13

Other 74

Insuﬃcient Informaon to Follow Up 115

Oﬀender/Land Owner Cleaned-up No Regulatory Acon Taken 122

No Waste Found 127

Referred to Council for Clean up 214

Total 685

Western Sydney Regional Illegal Dumping Squad 2019 / 2020 Annual Report 18

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Invesgaon Summary Blue Mountains Council

Waste Type

Closing Result Amount

Baeries 1

Food Waste including cooking oil 2

Soil and excavated material 4

Wood waste; pallets, crates, oﬀcuts 5

Scrap Metal 6

Mulch 7

Tyres 7

Asbestos; Fibro sheets 8

Liquid Waste; Paint, oils, chemicals 8

Commercial & Industrial 9

Electronic Waste; TV's, computers 12

Vehicles and Car Parts 13

Packaging or Paper; plasc, paper, cardboard 16

Asbestos; mixed with other waste 18

Household- White goods e.g. fridge 18

Other 45

Maresses 50

Construcon & demolion; brick, les, mber, concrete 58

Household-General Waste; e.g. nappies, food 59

Green Waste 88

Household- Items; furniture, clothes, carpets 251

Total 685

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Infringements Issued Blue Mountains Council

Total Oﬀence Penalty Total SDRO Short Title Amount Code Amount ($) Issued ($)

30857 Not Comply With Requirement Under Chapter 7 - Individual 750 5 3,750

36934 Deposit Lier From Vehicle No Exclusions - Individual 250 3 750

Transport etc Waste To Unlawful Waste Facility -Class 1 84123 2,000 1 2,000 Oﬃcer - Individual

Owner Transport etc Waste To Unlawful Facility - Class 1 84135 2,000 2 4,000 Oﬃcer - Individual

Total 11 10,500

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Media — Illegally dumped waste surges in Sydney due to 'COVID cleanout' Blue Mountains Council

Brief

On 14 May 2020, the Sydney Morning Herald released an arcle highlighng the surge in illegal dumping cases that the Western Sydney RID Squad, and other RID Programs, have dealt with during the global pandemic.

WSRID provided the Herald informaon and stascs to assist in outlining how the unlawful disposal of waste had spiked in Sydney due to 'COVID cleanouts'. Speciﬁc areas that saw an increase were suburbs in Blue mountains, Penrith, The Hills and Cumberland.

Leading up to the release of the arcle “[WSRID] invesgators ﬁnalised more than 200 incidents relang to illegal dumping across the six council areas of Penrith, Cumberland, the Hills, Blacktown, Fairﬁeld and the Blue Mountains, which was more than double the total number in any three-week period last year.”

“Local Government NSW president Linda Sco said "COVID cleanouts" were causing environmental chaos and cosng Councils large amounts of money at a me when their budgets were under pres- sure.”

The Western Sydney RID Squad will connue to do regular patrolling of known hotspots and use methods such as surveillance cameras, the installaon of signage and special Operaons to target illegal dumping issues within Blue Mountains LGA.

Aer ﬁnding idenfying documents in the waste, the WSRID Squad Invesgator got the person of interest to remove the waste.

An oﬃcial Cauon was also issued.

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Media — Illegally dumped waste surges in Sydney due to 'COVID cleanout' Blue Mountains Council

Brief

Image of household waste found dumped in Glenbrook.

Image of the subject site in Glenbrook, aer the household waste was removed.

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Secon Contents Fairﬁeld Council

Page Item

23 Cover Page

24 Secon Contents

25 Area Report

26-27 Invesgaon Summary

28 Infringements Issued

29 News Segment

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Year In Review Fairﬁeld Council

Area Report

Eric Ryﬀel the primary Invesgators for the area. He was also supported by the WSRID Squad Administraon Oﬃcer, Lauren Butler, who has been crucial in entering recoding data accurately into RID Online.

During this reporng period, the WSRID Squad opened ﬁve hundred and ﬁeen (515) illegal dumping cases. RID Online has esmated that the invesgated waste weighed 235.76 tonnes. A number of invesgaons led to Regulatory Acon including the issuing Penalty Infringement Noces.

In addion to reacve invesgaons proacve patrols, speciﬁcally in known hotspot areas, were conducted. Similarly, RID branded signage, temporary surveillance cameras and the distribuon of educaonal ﬂyers/ pamphlets were methods used to detect and deter illegal dumping.

The following trends have emerged during this reporng\g period.

Land Owner Where Waste Was Dumped # Crown Land 1 Private 1 Roads and Marime Services 4 Other 207 Council Land 302 Total 515

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Invesgaon Summary Fairﬁeld Council

Invesgaons Conducted

Invesgaon Status Number

Invesgaons Opened 515

Invesgaons Status

Invesgaon Result Amount

Under Invesgaon 15

Closed 500

Total 515

Case Status

Closing Result Number

Referred to Another Authority 1

Referred to Council for Compliance Acon 2

Regulatory Acon Taken 10

Insuﬃcient Informaon to Follow Up 15

Under Invesgaon 15

Other 36

Oﬀender/Land Owner Cleaned-up No Regulatory Acon Taken 55

No Waste Found 74

Referred to Council for Clean up 307

Total 515

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Invesgaon Summary Fairﬁeld Council

Waste Type

Closing Result Amount

Asbestos; mixed with other waste 1

Mulch 1

Asbestos; Fibro sheets 2

Food Waste including cooking oil 2

Electronic Waste; TV's, computers 4

Scrap Metal 5

Commercial & Industrial 7

Wood waste; pallets, crates, oﬀcuts 7

Other 8

Vehicles and Car Parts 10

Household- White goods e.g. fridge 11

Soil and excavated material 18

Liquid Waste; Paint, oils, chemicals 26

Maresses 27

Tyres 27

Packaging or Paper; plasc, paper, cardboard 28

Construcon & demolion; brick, les, mber, concrete 37

Green Waste 42

Household-General Waste; e.g. nappies, food 69

Household- Items; furniture, clothes, carpets 183

Total 515

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Infringements Issued Fairﬁeld Council

Total Oﬀence Penalty Total SDRO Short Title Amount Code Amount ($) Issued ($)

Not Comply With Requirement Under Chapter 7— 20857 1,500 1 1,500 Corporaon

Transport etc Waste To Unlawful Waste Facility - Class 1 34123 4,000 1 4,000 Oﬃcer - Corporaon

Deposit Lier Excluding Cigaree & From Vehicle — 36931 250 1 250 Individual

36934 Deposit Lier No Exclusions - Individual 250 1 250

Transport etc Waste To Unlawful Waste Facility - Class 1 84123 2,000 2 4,000 Oﬃcer - Individual

Transport etc Excess Waste To Unlawful Waste Facility - 84125 4,000 1 4,000 Class 1 Oﬃcer - Individual

Total 7 14,000

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Media — ‘Trashy Suburbs’ Fairﬁeld Council

Brief

On 15 April the Western Sydney RID Squad was featured in an A Current Aﬀair segment highlighng the link between COVID-19 and a spike in waste being unlawfully deposited.

The presenter explained that since lockdown restricons had been installed, residents found themselves clean- ing out their homes. This “urge to spring clean has resulted in a huge surge in illegal dumping…”

Channel 9 journalists then showed a WSRID invesgator conducng an inspecon of large bulker bags, containing illegally dumped waste in Smithﬁeld. While assessing the waste and marking it with RID branded tape, it was photographed.

Aer outlining possible infringements it was reiterated that residents can book Council Clean-Ups online or over the phone.

Sll shots from the news segment.

Smithﬁeld waste that was inspected.

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Secon Contents The Hills Shire Council

Page Item

30 Cover Page

31 Secon Contents

32 Area Report

33-34 Invesgaon Summary

35 Infringements Issued

36 Special Operaon

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Year In Review The Hills Shire Council

Area Report

During this reporng period (1 July 2019 to 30 June 2020) Daniel Richardson was inially the liaison assigned to The Hills LGA but due to area rotaons, Adam Auell took over. Invesgator Auell is currently responsible for majority of the invesgaon. The WSRID Squad Administraon Oﬃcer, Lauren Butler, has been crucial in assisng the invesgators on the ground.

Five hundred and twenty-seven (527) incidents were invesgated. Majority cases were closed as WSRID was able to get oﬀenders or land owners to remove their waste. This waste totals an esmate of 752.2 tonnes. Regulatory Acon was taken in a number of these instances.

In conjuncon with the distribuon of educaonal ﬂyers/ pamphlets, nine (9) RID branded signs, plus eight (8) temporary surveillance cameras were installed in order to detect and deter illegal dumping.

The following trends have emerged during this reporng\g period.

Land Owner Where Waste Was Dumped # Roads and Marime Services 1 Sydney Water Corporaon 1 Other 4 Crown Land 8 Other 34 Private 142 Council Land 337 Total 527

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Invesgaon Summary The Hills Shire Council

Invesgaons Conducted

Invesgaon Status Number

Invesgaons Opened 527

Invesgaons Status

Invesgaon Result Amount

Under Invesgaon 6

Closed 521

Total 527

Case Status

Closing Result Number

Referred to Another Authority 1

Referred to Another Authority to Close 1

Referred to Council for Compliance Acon 2

Under Invesgaon 6

Other 39

Regulatory Acon Taken 42

No Waste Found 58

Insuﬃcient Informaon to Follow Up 78

Referred to Council for Clean up 140

Oﬀender/Land Owner Cleaned-up No Regulatory Acon Taken 160

Total 527

Western Sydney Regional Illegal Dumping Squad 2019 / 2020 Annual Report 33

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Invesgaon Summary The Hills Shire Council

Waste Type

Closing Result Amount

Baeries 1

Asbestos; mixed with other waste 2

Vehicles and Car Parts 2

Tyres 3

Wood waste; pallets, crates, oﬀcuts 3

Liquid Waste; Paint, oils, chemicals 4

Asbestos; Fibro sheets 5

Electronic Waste; TV's, computers 5

Scrap Metal 5

Mulch 8

Commercial & Industrial 9

Maresses 14

Household-General Waste; e.g. nappies, food 20

Other 20

Household- White goods e.g. fridge 24

Green Waste 26

Packaging or Paper; plasc, paper, cardboard 30

Soil and excavated material 36

Construcon & demolion; brick, les, mber, concrete 120

Household- Items; furniture, clothes, carpets 190

Total 527

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Infringements Issued The Hills Shire Council

Total Oﬀence Penalty Total SDRO Short Title Amount Code Amount ($) Issued ($)

Not Comply With Requirement Under Chapter 7— 20857 1,500 3 4,500 Corporaon

Deposit Lier Excluding Cigaree & From Vehicle— 26931 500 1 500 Individual

Not Comply With Requirement Under Chapter 7— 30857 750 1 750 Individual

Transport etc Waste To Unlawful Facility - Class 1 Oﬃcer— 34123 4,000 1 4,000 Corporaon

Owner Transport etc Waste To Unlawful Facility - Class 1 34135 4,000 2 8,000 Oﬃcer - Corporaon

Deposit Lier Excluding Cigaree & From Vehicle— 36931 250 1 250 Individual

Transport etc Waste To Unlawful Facility - Class 1 Oﬃcer— 84123 2,000 3 6,000 Individual

Transport etc Waste to Unlawful Waste Facility - Class 1 84123 2,000 6 12,000 Oﬃcer - Individual

Transport etc Excess Waste to Unlawful Waste Facility— 84125 4,000 1 4,000 Class 1 Oﬃcer - Individual

Owner Transport etc Waste To Unlawful Facility - Class 1 84135 2,000 2 4,000 Oﬃcer - Individual

Total 21 44,000

Western Sydney Regional Illegal Dumping Squad 2019 / 2020 Annual Report 35

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Operaon 1— THSC Area Saturaon Operaon The Hills Shire Council

Brief

On the 16th and 17th of October 2019, a Special Operaon was held within The Hills Shire LGA. It ran for two days, concentrang on illegally dumped household waste, retail packing material, construcon waste (ie. soil, bricks, wood pallets plus commercial cement, both bulk and slurry) and furniture.

Day 1 was ﬁeld based (revolving around roads, public spaces and private land in new development areas with lile to no nearby residents), while day 2 focused on the ﬁnalizaon/compleon of any records.

A minimum of four invesgators were deployed to patrol the townships of Rouse Hill, Box Hills, North Kellyville and Beaumont Hills.

Evidence was collected using cameras (hand held and dash mounted), hand held voice recorders and official notebooks. Invesgators were advised to idenfy available details of vehicles plus offenders involved in the illegal transport or deposing of waste; nong the locaon, me of the offence, the nature of the offence and any idenfying features of both the perpetrator and their transport.

Below is a map of The Hills areas targeted during the Operaon.

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Western Sydney Regional Illegal Dumping Squad 2019 / 2020 Annual Report 37

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Secon Contents Cumberland Council

Page Item

37 Cover Page

38 Secon Contents

39 Area Report

40-41 Invesgaon Summary

42 Infringements Issued

43-45 Special Operaons

Western Sydney Regional Illegal Dumping Squad 2019 / 2020 Annual Report 38

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Year In Review Cumberland Council

Area Report

During this reporng period (2019/2020 financial year) Amanda Harton was the first Invesgator assigned to liaise with Council and WSRID but due to area rotaon requirements, Sarah Meszaros then took over. The WSRID Squad Administraon Officer, Lauren Butler, has been crucial in assigning incidents and collang stascal data as Council requires.

Five hundred and twelve (512) incidents were invesgated. Majority of these cases were closed in a mely manner and many resulted in Regulatory Acon being taken. Invesgated waste totals an esmate of 966.8 tonnes.

WSRID Squad Invesgators recorded over two hundred (200) instances of educaonal ﬂyers/ pamphlets being distributed. Addionally, thirty-two (32) RID branded signs and six (6) temporary surveillance cameras were installed to idenfy and deter illegal dumping.

The following trends have emerged during this reporng\g period.

Land Owner Where Waste Was Dumped # State Water 1 Private 2 Roads and Marime Services 2 Other 31 Council Land 476 Total 512

Western Sydney Regional Illegal Dumping Squad 2019 / 2020 Annual Report 39

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Invesgaon Summary Cumberland Council

Invesgaons Conducted

Invesgaon Status Number

Invesgaons Opened 512

Invesgaons Status

Invesgaon Result Amount

Under Invesgaon 8

Closed 504

Total 512

Case Status

Closing Result Number

Referred to Another Authority 1

Under Invesgaon 8

Regulatory Acon Taken 9

No Waste Found 15

Other 15

Oﬀender/Land Owner Cleaned-up No Regulatory Acon Taken 19

Insuﬃcient Informaon to Follow Up 27

Referred to Council for Clean up 418

Total 512

Western Sydney Regional Illegal Dumping Squad 2019 / 2020 Annual Report 40

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Invesgaon Summary Cumberland Council

Waste Type

Closing Result Amount

Asbestos; Fibro sheets 1

Scrap Metal 1

Asbestos; mixed with other waste 2

Mulch 2

Soil and excavated material 2

Food Waste including cooking oil 3

Liquid Waste; Paint, oils, chemicals 4

Wood waste; pallets, crates, oﬀcuts 5

Vehicles and Car Parts 7

Construcon & demolion; brick, les, mber, concrete 8

Commercial & Industrial 9

Tyres 9

Green Waste 10

Household-General Waste; e.g. nappies, food 13

Other 16

Electronic Waste; TV's, computers 18

Household- White goods e.g. fridge 32

Packaging or Paper; plasc, paper, cardboard 45

Maresses 63

Household- Items; furniture, clothes, carpets 262

Total 512

Western Sydney Regional Illegal Dumping Squad 2019 / 2020 Annual Report 41

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Infringements Issued Cumberland Council

Total Oﬀence Penalty Total SDRO Short Title Amount Code Amount ($) Issued ($)

Not Comply With Requirement Under Chapter 7— 20857 1,500 1 1,500 Corporaon

Not Comply With Requirement Under Chapter 7— 30857 750 2 1,500 Individual

Owner Transport etc Waste To Unlawful Facility - Class 1 34135 4,000 1 4,000 Oﬃcer - Corporaon

Deposit Lier Excluding Cigaree & From Vehicle— 36931 250 2 500 Individual

36933 Deposit Lier Lit Cigaree Excluding From Vehicle 250 1 250

Aggressive Deposit Lier From Vehicle No Exclusions— 36939 450 1 450 Individual

Total 8 8,200

Western Sydney Regional Illegal Dumping Squad 2019 / 2020 Annual Report 42

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Operaon 1 — Operaon Compliance Cumberland Council

Brief

On Saturday 21 and Sunday 22 September 2019, Operation COMPLIANCE was executed by Investigators from the Western Sydney Regional Illegal Dumping Squad. This proactive saturation operation formed part of Cumberland Council’s Spring Blitz campaign and targeted known illegal dumping Hotspot zones (16 zones).

Over a two-day period, 77 incidents were investigated, resulting in 4 investigations and a penalty infringement notice. In addition to the above, there were 38 instances were education material was provided to residence within the LGA.

Based on operational statistics, household waste was the primary waste type and accounted for 70.1% of incidents (54 out of 77). Commercial and industrial waste was identified as the second most common waste type and accounted for 9.1% of incidents (7 out of 77).

The following table outlines operational statistics.

Western Sydney Regional Illegal Dumping Squad 2019 / 2020 Annual Report 43

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Operaon 1 — Operaon Compliance Cumberland Council

Brief

The following table outlines the operational outcomes of the incidents that were closed via RID Online. It doesn't capture the four (4) incidents that progressed to the investigation stage.

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Operaon 2 — Operaon Compliance 2.0 Cumberland Council

Brief On Tuesday 17 and Wednesday 18 March 2020, Operation COMPLIANCE 2.0 was executed by Investigators from the Western Sydney Regional Illegal Dumping Squad. This proactive saturation operation formed part of Cumberland Council’s Autumn Blitz campaign and targeted known illegal dumping Hotspot zones (16 zones). Due to the COVID-19 related restricons, oﬃcer held their brieﬁngs via Video Skype Conferences.

Over a two-day period, 63 incidents were investigated, resulting in 1 investigation. In addition, there were 76 instances were education material was provided to residence within the LGA. RID marked cars were used to reiterate the Squad’s presence during the Special Operaon.

All these inspected waste, was recorded as being illegally dumped on Council owned land.

Based on operational statistics, household waste was the primary waste type. Followed by commercial and industrial waste. The following table outlines additional waste type details.

Note: There is a discrepancy of 6 cases with the data as incidents that progressed to the investigation stage or matters that were entered into the system after the operational dates.

The below statistics highlight the action/s taken over the two day Operation.

HOTSPOT ZONES Acon/s taken 4, 8, 13, 14 6, 7, 15, 16 9, 10, 11, 12 1, 2, 3, 5 Totals

Orphan Waste 28 23 9 9 69

Leerbox Drops 24 26 16 10 76

Invesgaons 0 1 0 0 1

Missed Council Clean-ups 0 1 0 0 1

Waste Removed 0 1 0 1 2

Back Checks 0 3 0 0 3

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Western Sydney Regional Illegal Dumping Squad 2019 / 2020 Annual Report 46

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Secon Contents Penrith Council

Page Item

46 Cover Page

47 Secon Contents

48 Area Report

49-50 Invesgaon Summary

51 Infringements Issued

52-53 Drone Flyover

Western Sydney Regional Illegal Dumping Squad 2019 / 2020 Annual Report 47

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Year In Review Penrith Council

Area Report

During this reporng period (2019/2020 ﬁnancial year) a number of WSRID Squad Oﬃcers assisted in the Invesgaon of Penrith maers. In 2019, Daniel Richardson was inially assigned as the liaison, followed by Daniel Braid and Amanda Harton. In the beginning of 2020 Lauren Butler and Laura Collyer covered the area. Laura Collyer is now the primary Penrith Invesgator.

The WSRID Squad Administraon Oﬃcer, Lauren Butler, was also crucial in referring waste for removal, preparing stascal data plus answering Council and customer enquiries.

Four hundred and twenty-ﬁve (425) incidents were invesgated within the LGA by WSRID Squad Oﬃcers. Invesgated waste totalled an esmate of 656.31 tonnes.

WSRID Squad Invesgators spoke with residents as an tool to educate them on the unlawful disposal of waste. Addionally, eleven (11) RID branded signs and sixteen (16) temporary surveillance cameras were installed to target and reduce illegal dumping.

The following trends have emerged during this reporng\g period.

Land Owner Where Waste Was Dumped # Ulies Provider 1 Roads and Marime Services 2 Crown Land 5 Aboriginal Land 8 Private 8 Other 114 Council Land 287

Western Sydney Regional Illegal Dumping Squad 2019 / 2020 Annual Report 48

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Invesgaon Summary Penrith Council

Invesgaons Conducted

Invesgaon Status Number

Invesgaons Opened 425

Invesgaons Status

Invesgaon Result Amount

Under Invesgaon 18

Closed 407

Total 425

Case Status

Closing Result Number

Referred to Another Authority to Close 3

Referred to Council for Compliance Acon 3

No Waste Found 11

Under Invesgaon 18

Other 21

Referred to Another Authority 21

Oﬀender/Land Owner Cleaned-up No Regulatory Acon Taken 22

Regulatory Acon Taken 24

Insuﬃcient Informaon to Follow Up 36

Referred to Council for Clean up 266

Total 425

Western Sydney Regional Illegal Dumping Squad 2019 / 2020 Annual Report 49

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Invesgaon Summary Penrith Council

Waste Type

Closing Result Amount

Scrap Metal 1

Asbestos; Fibro sheets 4

Mulch 4

Electronic Waste; TV's, computers 5

Other 6

Asbestos; mixed with other waste 7

Liquid Waste; Paint, oils, chemicals 7

Household- White goods e.g. fridge 8

Vehicles and Car Parts 10

Commercial & Industrial 14

Tyres 20

Wood waste; pallets, crates, oﬀcuts 20

Maresses 22

Packaging or Paper; plasc, paper, cardboard 29

Soil and excavated material 30

Green Waste 31

Household-General Waste; e.g. nappies, food 42

Construcon & demolion; brick, les, mber, concrete 49

Household- Items; furniture, clothes, carpets 116

Total 425

Western Sydney Regional Illegal Dumping Squad 2019 / 2020 Annual Report 50

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Infringements Issued Penrith Council

Total Oﬀence Penalty Total SDRO Short Title Amount Code Amount ($) Issued ($)

Not Comply With Requirement Under Chapter 7— 20857 1,500 2 3,000 Corporaon

30857 Not Comply With Requirement Under Chapter 7 - Individual 750 10 7,500

Transport etc Excess Waste to Unlawful Waste Facility - 34125 8,000 1 8,000 Class 1 Oﬃcer - Corporaon

36934 Deposit Lier from Vehicle No Exclusions - Individual 250 7 1,750

Transport etc Waste to Unlawful Waste Facility - Class 1 84123 2,000 2 4,000 Oﬃcer - Individual

Transport Excess Waste To Unlawful Waste Facility - Class 1 84125 4,000 1 4,000 Oﬃcer - Individual

Owner Transport etc Waste To Unlawful Facility - Class 1 84135 2,000 4 8,000 Oﬃcer - Individual

Total 27 36,250

Western Sydney Regional Illegal Dumping Squad 2019 / 2020 Annual Report 51

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Drone Flyover — Hinxman Road, Castlereagh Penrith Council

Brief

During this reporng period the Western Sydney RID Squad deployed the drone at a property with a number of signiﬁcant illegal dumping. The site is located on Hinxman Rd, Castlereagh and waste has been dumped in numerous piles over a short period of me.

The drone was able to accurately view the extent of wasted on this site and surrounding area/s.

Photographs and video footage video taken from this ﬂyover have been used as evidence regarding an acve WSRID invesgaon on the site.

Image of the WSRID Squad drone on site, recording the waste piles.

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Drone Flyover — Hinxman Road, Castlereagh Penrith Council

Brief Ariel photograph taken of the site, using a WSRID Squad drone.

Snapshot from the drone iPad program highlighng waste surrounding the subject site.

Western Sydney Regional Illegal Dumping Squad 2019 / 2020 Annual Report 53

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ITEM-6 DEED OF AGREEMENT WITH DEERUBBIN LOCAL ABORIGINAL LAND COUNCIL FOR SACKVILLE NORTH CEMETERY

DOC INFO

THEME: Delivering & Maintaining Infrastructure 1 A connected and inclusive community with access to a range OUTCOME: of services and facilities that contribute to health and wellbeing. 9.3 Manage new and existing development with a robust STRATEGY: framework of policies, plans and processes that is in accordance with community needs and expectations.

MEETING DATE: 9 MARCH 2021 COUNCIL MEETING

GROUP: SHIRE STRATEGY, TRANSFORMATION AND SOLUTIONS

MANAGER – SPECIAL PROJECTS, PROPERTY & AUTHOR: BUILIDNGS STEPHEN CULLEN

GROUP MANAGER- SHIRE STRATEGY, RESPONSIBLE OFFICER: TRANSFORMATION & SOLUTIONS DAVID REYNOLDS

EXECUTIVE SUMMARY At the meeting on 1 December 2020, Council considered a report listed as Agenda Item 16, Deed of Agreement with Deerubbin Local Aboriginal Land Council for Sackville North Cemetery.

Council resolved that “The report be received and the matter be brought to a Councillor Workshop for briefing”. The matter was presented to a Councillor Workshop on 2 February 2021 and discussed in detail.

Further to the workshop, the Chief Executive Officer (Mr Kevin Cavanagh) and the Chief Operating Officer (Mr Stephen Wright) of the Deerrubbin Local Aborigional Land Council (DLALC) met with Council’s Mayor and General Manager. The purpose of the meeting was to talk through the Land Council’s work, its organisational objectives and the commitment to the Deed. Apart from acknowledging the extent of land within our Shire that is owned by the Land Council, an overview of the current outstanding land claims across much of Western Sydney was shown in map view. The Land Council has offered to work with Council to identify any outstanding claims that have an impact with the objectives of The Hills Shire Council and will initiate a process this year to do so. The Land Council also took the opportunity to indicate that their dealings with The Hills Shire Council have always been positive across our operations and that The Hills Shire Council is thanked for that professionalism.

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This report recommends that Council enter into a Deed of Agreement with Deerubbin Local Aboriginal Land Council in order to resolve the outstanding land claim over the Sackville Cemetery to allow Council to confidently proceed with the Sackville North Cemetery upgrade.

REPORT Council is vested under the Crown Land Management Act 2016 (CLM Act) with the care, control and management of Sackville North Cemetery as the Crown Land Manager pursuant to the CLM Act. The land is owned by the Crown and is surrounded by other land owned by the Crown

The Council report 1 December 2020 recommended that Council enter into a Deed of Agreement with Deerubbin Local Aboriginal Land Council (DLALC) in order to resolve the outstanding condition placed on Council by the Crown in its consent to proceed with the Sackville North Cemetery upgrade. See copy of report as Attachment 1.

Council lodged a Development Application (DA 363/2019/HD) to carry out upgrade works at Sackville North Cemetery which include drainage works, re-sealing works, replacing fencing, new entry and exit, new columbarium wall, removal of trees for future grave sites and landscape works. The Local Planning Panel granted consent for this application on 20 January 2021.

The Crown advised that the Crown reserve affected by the proposed development was subject to an Aboriginal Land Claim under the Aboriginal Land Rights Act 1983. The Aboriginal land claim was lodged on 15 February 2010 by the Deerubbin Local Aboriginal Land Council (DLALC) and had not yet been determined.

The Crown advised that prior to undertaking any development on the land subject to the claim, Council would need to negotiate with the claimant Land Council i.e. the Deerubbin LALC.

Council met with the representative of DLALC and following negotiations it was agreed subject to both a resolution from Council and DLALC Board approval, that the parties would enter a Deed of Agreement that provided for the following:

a) DLALC would withdraw the Aboriginal Land Claim (ALC) immediately after the Deed is executed and provide written evidence of the withdrawal

b) In consideration of DLALC withdrawing the ALC and agreeing to not re-lodge an ALC, Council would grant twenty (20) internment rights at the Cemetery to DLALC. The location of the interment rights are shown in Attachment 2.

DLALC would agree to not ever re-lodge the same or similar ALC claim for Sackville Cemetery at any future time. A draft deed has been legally drafted and the DLALC Board has approved and agreed to the above terms which are now being presented to Council for their consideration and are recommended for acceptance. The twenty (20) internment rights would be reserved within the cemetery subject to compliance with the Cemeteries and Crematoria Act 2013.

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OPTIONS Council has three (3) options:

1. Council enter into the Deed as outlined in the report which would remove the Sackville cemetery land from the outstanding land claim and that would enable Council to confidently pursue the upgrade works and future works as per the Master Plan.

2. Council do not agree to the Deed and proceed with the works without awaiting determination of the ALC. If it was consequently determined that the land at the date of claim was claimable Crown Land, the land would be transferred to the claimant, DLALC, regardless of any improvements made by Council.

3. Council await the determination of the ALC prior to undertaking any works. The claim was lodged in February 2010 and is still waiting determination. The uncertainty of when a determination would be made would result in Council being unable to plan works.

IMPACTS Financial Based on the 2020-2021 Fees and Charges adopted by Council, the current rate for an Attendant interment including the reinstatement of grave is $1,681.82 (ex GST) each.

By providing an allowance of 20 interments, there would be a loss of revenue (opportunity cost) of $33,636.40 (ex GST) based on current fees & charges. This provision would equate to approximately 2.8% (20 out of 720 new burial sites) of the additional capacity to be provided under the current development application which is being held up until agreement can be reached on this item.

CONCLUSION In order to progress with the approved works at the Cemetery without either experiencing further undue delay or creating a future unknown liability for Council, it is prudent to resolve the outstanding ALC on the terms currently presented.

To this end, Council officers recommend that Council proceed with Option 1 as set out in this report.

Strategic Plan - Hills Future This report facilitates the provision of services to the community and enhances the use of Council facilities.

RECOMMENDATION Council enter into the Deed of Agreement with Deerubbin Local Aboriginal Land Council in regards to Sackville North Cemetery on the terms and conditions detailed in this report with the Deed authorised for execution under Seal for the purpose of preserving 20 interments.

ATTACHMENTS 1. Council report dated 1 December 2020 (19 pages)

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