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Meeting contents

Agenda item chapter 1

CP - Planning Proposal to Amend Hawkesbury Local Environmental Plan

Mary Lyons-Buckett

Second item for public address. If Mr Ridgewell does happen to turn up, we'll just go back to that. So we'll move on to item 40, and we have two speakers. The first speaker is Joe Vinci. Welcome. Just in regards to 6B, Wall Place rezoning, I have DLA who does our inspection reports for all the land and contamination assessment.

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Patrick Conolly

Thanks for that. Thank you for your address. I guess, just to clarify, I was a bit confused because I remember the last time this came to Council, the very reason we delayed it was so you could get this one report that we were asking for. And obviously, the subdivision is not a path you go down lightly. Given that this was the one thing Council was asking for, I'm just confused as to why it wouldn't just be provided. Well

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Joe Vinci

It's not a subdivision. It's more obviously a rezoning for industrial, but it's a quite expensive cost to go through an exercise where we've already done the exercise in terms of what the material and the classification and all the reports. So we've done that all up. From the start, I can't see why we have to go and do it again when we spent a lot of time, effort and money to do it from the start.

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Patrick Conolly

Yeah, I guess what I was more going is obviously all those costs are sunk costs now, and what the expert planners were giving us recommendations are saying is you need this report. Unless there was something put in front of us to adequately rebut or refute why that we would need that report, I'm not sure how we can possibly proceed, that's all.

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Simon Spyrdz

Cool. So yeah, we were commissioned by Moitz to come around to do a contemporary land assessment. We came through, did the initial inspection, some preliminary sampling. We then got that report developed on the way submitted to Council. Council had a couple of questions. We then continued some other work on the stockpile on the site, and just here for any questions I can help out with with that.

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Patrick Conolly

I'll direct that question to you then. So our planners are telling us at Council that there is a need for a contemporary contamination land assessment to be prepared now. Why, in your opinion, would that not be required or is that too burdensome on the applicant? Look,

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Mary Lyons-Buckett

One of those things that there is an assessment that's been done. We'd be happy to review any comments that you had outlining that and any additional information you request from that, so we can have a look and include that. Any further questions, councillors? No further questions. Thank you. That was our final speaker. Councillor Conolly.

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Patrick Conolly

Just through you, Madam Mayor, just wondering what contact there's been since Council last considered this application until it's been brought back here, that obviously seems to be some sort of confusion around what happened last time, because my understanding was that last time this came to Council, we said, no, we require this, and we'll give you extra time to go and get it. And now we've come back here to the exact same answer. I'm just wondering what's happened in the meantime.

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Matt Owens

Thank you, Madam Mayor. We have contacted the applicant on four different occasions requesting that information. We have a letter from DLA dated November 2017. It's about the progress of the cleanup notice from the EPA, which is saying we've done some of it, but not all of it. But the EPA cleanup notice is for a small portion of the site and it doesn't cover the rest of the site. We did get another report, but I spoke to the officer that assesses those this afternoon, and he went through page by page with the new report and the old report, and they are exactly the same except for the date. So we can't recommend rezoning any land if we don't know what's underneath it.

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Danielle Wheeler

Look, we've given the applicant adequate time, it would seem, to come back to us. Either this has come back to us too early, before the applicant has had time to finish the job and tell us what they've done, or they simply don't intend to provide the documentation that we've asked for. This isn't a council recommendation; it's a state requirement. It hasn't been met. I can't see that we can proceed with this rezoning until we have the right information. It's a light industrial zoning that's being requested, and it includes facilities like childcare centres and hospitals. I don't think we can take a punt on what's under the soil given the significant amount of fill brought in. So at the moment, this is just mucking us around and wasting council's time. Further discussion?

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Patrick Conolly

Just to add, Madam Mayor, that I mean, I don't really want to move this away, but I don't really see there's any other choice. As Councillor Wheeler indicated, it's a requirement. It wasn't met, and so we came here six months ago and said, go away and meet it. We'll give you plenty of time. And it's just obviously not going to be met, so unless we just let it go on forever. But the applicant didn't mention they were asking for extra time. They considered what they put in is to be adequate, so I don't really think we've got another choice, unfortunately. And just I don't really understand why you would commence a really expensive process and long process just to get to the last little bit and then stop. I don't see that we have another option.

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Mary Lyons-Buckett

Thank you, Councillor Conolly. Any further discussion? Right of reply, Councillor Wheeler? Not necessary. It's a planning decision. I'll put the motion that Councillor Wheeler has moved. Trees not here. Vote with your buttons on the count of three. We're voting on the recommendation in the business paper. One, two, three. For the motion is Councillor Ross, Councillor Rasmussen, Councillor Garrow, Councillor Reynolds, Councillor Wheeler, Councillor Calvert, Councillor Kotlash, Councillor Zamprogno, Councillor Conolly, Councillor Richards, Councillor Lyons-Buckett, and Councillor Tree is absent.

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Official meeting record

Council decision and source documents

Outcome: Carried

60 Resolution

RESOLVED on the motion of Councillor Wheeler, seconded by Councillor Conolly.

That Council:

1. Not proceed with the making of the plan in accordance with Section 59 2(b) of the Environmental Planning and Assessment Act 1979 to amend the Hawkesbury Local Environmental Plan 2012 to rezone part of the subject site from RU1 Primary Production to IN1 General Industrial under the Hawkesbury Local Environmental Plan 2012 to allow development of the subject site for general industrial purposes.

2. Advise the applicant and the Department of Planning and Environment that the plan has not been made.

In accordance with Section 375A of the Local Government Act 1993 a division is required to be called whenever a planning decision is put at a council or committee meeting. Accordingly, the Chairperson called for a division in respect of the motion, the results of which were as follows:

| For the Motion | Against the Motion |

|--------------------------|----------------------|

| Councillor Calvert | NIL |

| Councillor Conolly | |

| Councillor Garrow | |

| Councillor Kotlash | |

| Councillor Lyons-Buckett | |

| Councillor Rasmussen | |

| Councillor Reynolds | |

| Councillor Richards | |

| Councillor Ross | |

| Councillor Wheeler | |

| Councillor Zamprogno | |

Councillor Tree was absent from the meeting.

Motion — Carried

For: Calvert, Conolly, Garrow, Kotlash, Lyons-Buckett, Rasmussen, Reynolds, Richards, Ross, Wheeler, Zamprogno

Against: Nil

Absent: Tree

Item documents

Agenda item chapter 2

CP - Planning Proposal to Amend Hawkesbury Local Environmental Plan

Ian Henry

Councillors. Ian Henry. I graduated as veterinary surgeon from Trinity College Dublin in '66, started working in the Hawkesbury in '67. My wife and I bought a property at Kurmond in the early '80s, and we built a purpose-built veterinary clinic, and I've been working there ever since. Our kids went to Kurmond School and Colo School. I love Kurmond. My wife died four years ago, and I intend to spend the rest of my life in Kurmond. And I think that the— I think, I envisage Kurmond being a very desirable area, and I'd like to be part of it. I was first approached by Len Fullston in May 2013. He advised the council's residential housing strategy and the council were receiving applications for subdivision in the Kurmond area. I asked them to prepare necessary documentation.

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Ian Henry

On the application was submitted in November 2013, 35 years ago. I have followed all the directions from council staff. I found the council staff to be very helpful and very courteous. I can't do any more than I've done, and I'm happy to answer any questions, provided it's not technical, and perhaps Mr. Falson would answer any technical questions.

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Glen Falson

Thank you, Madam Mayor, councillors, for the opportunity. Mr. Henry advised me earlier on that, again, there is a mistake with his name in the business paper. In the voluntary planning agreements, it's referred to as, or he's referred to as, John E. Henry, and I understand it is James E. Henry. So that should be corrected on the VPA, some mistake.

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Glen Falson

Raising that. Also, only a minor issue, but I've mentioned it a few times, my name seems to be escaped from the business paper as the applicant. You have as the applicant Urban and Rural Planning Consultant, and that is me, but that's not a firm name, so it should be Glenn Falson, Urban and Rural Planning Consultant.

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Glen Falson

Very briefly, of those planning proposals that were submitted and that are old and subject to the council resolution. That would keep them being processed because they were all, they had already been supported by Council in one way or another prior to the Council's moratorium and then prohibitions. There were nine of those. Four have gone through to gazettal and five remain, and this is one of them. So it's been a process, a long and arduous and expensive exercise for Mr Henry. We've done all that has been asked of us by the Council staff and the Department of Planning. We've amended the lot layout, only slightly I must admit, but to get a better environmental outcome. And it will preserve and enhance the vegetation on site whilst at the same time allowing housing in accordance with Council's adopted residential housing strategy.

So I guess all in all a good outcome. So I would like to thank the Council and the staff for their support through the process, and I'm happy to answer any questions.

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Michael Want(public speaker - NRDCAA)

Thank you, Councillors. We believe this item should be deferred till the following policy questions are answered by the Mayor or the General Manager. They should not be pushed aside as unimportant or irrelevant . On the 28th of October 2014, the resolution to send this application to the Gateway process at point six says, Council also makes a submission to the RMS requesting details of A, the current capacity of Richmond Bridge. B, any potential upgrades planned for Richmond Bridge, intersections between East Market Street, March Street, Richmond, Bells Line of Road, Grose Vale Road, Terrace Road, North Richmond, and the expected completion dates and confirmation that the funds are allocated.

And C, council to inform the RMS of the number of dwellings constructed since 2013 Richmond Bridge study and potential dwellings expected in the next seven years, 2021, west of the river and any other information so that the RMS has up-to-date details from council to provide sound information. Two questions arise from that that should be answered positively before approval.

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Michael Want(public speaker - NRDCAA)

Have councillors and the community seen the council submission and the RMS reply from the 2014 resolution? At page 86 of the Knights Business Paper, Transport for New South Wales raises concerns of the cumulative impacts on local traffic and regional traffic and transport infrastructure. The comments at page 93 that council officers have had detailed discussions with the RMS regarding the road network and the developer contribution mechanism for future residential development within the investigation area. The question arises from that: are the reports available to councillors and the public regarding the outcome of council officers' detailed discussions with the RMS? The report to council at page 21, the final paragraph of the business paper 2014, makes reference to petitions which raise concerns re traffic congestion, and that the business paper report goes on to say it is considered this will be a matter to be dealt with by council prior to the finalisation of any planning proposal in the locality as accumulative.

Impacts of these types of development will be unacceptable if no traffic improvements are made. The RMS and Transport New South Wales have made similar comments many times over on the cumulative impacts. The comments are found again at Appendix 1, page 84 and 86 of the Knights Business Paper. Two questions arise. How is the cumulative impact of these types of development acceptable now to Council when it was not four years ago? Is there any empirical evidence to demonstrate the cumulative impacts have been addressed to back up the claim? At page 92 of the Knights Business Paper headed an assessment against the fundamental constraints and associated recommendations, that report sets out the degree of constraints to development.

Road network constraint is identified as fundamental major constraint to development. Major is defined in the Structured Planning, the Kirmon Corrigong Investigation, July 15, at page 2 as, in terms of required infrastructure and servicing, the matter is so significant that development should not occur until a solution has been identified and delivery mechanisms achieved.

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Michael Want(public speaker - NRDCAA)

Has a solution to the road congestion been identified and a delivery mechanism achieved? The Hawkesbury Residential Land Strategy, the Sustainable Matrix at 6.3, says service infrastructure is required for all centres. Among other things, road networks with links to key centres. Infrastructure has the capacity or can be augmented to cater for future growth and demand. The infrastructure capacity of each centre must be able to support future dwelling projections and provided in a timely and effective manner—efficient way, I should say. The question is, how does this application meet that criteria at 6.3 when so much is made by Council staff, the RMS, Transport New South Wales and the community with regard to traffic infrastructure and traffic congestion?

Until the above questions are answered and information is available to Councillors and the community, this planning proposal should be deferred, as the Community Strategic Plan says at page 22. Council's role is to encourage an informed community and enable meaningful engagement. Council's here is an opportunity to do just that, making sure those questions are answered.

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Nathan Zamprogno

Thank you, Madam Mayor. Mr . Wont, thank you for your address then. The report before us this evening indicates that this process has been underway since 2014, and that in March 2015, DPI instructed Council to engage in a process of community consultation, which resulted in zero submissions from the community. There were four agency submissions, and as you will see, they've been dealt with by Council staff. The concerns that you've raised can't be raised at this juncture because we're about to make this decision. Why were these concerns not raised during the period of community consultation so that they could have the appropriate response from Council staff?

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Michael Want(public speaker - NRDCAA)

Thank you, Councillor. The NRDCAA has continually opposed planning proposals west of the river. We were not notified at all about the community consultation process in relation to the exhibition. Now , I would have thought that we should have been notified in view of the NRDCW's position. So I can't answer your question in the sense that we weren't notified. We don't always get the courier and look at it , and so that's the answer to the question, Councillor. I hope in future we do.

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Danielle Wheeler

Can I seek some clarification? It appears that the initial application that came to us was for six lots, and we've enlarged the space in between those lots in order to attempt to provide a better protection for the vegetation zone through the middle, and now we're at seven lots. So how—I'm struggling to understand how we've increased the proposed lot yield given our concerns and this Council's very clearly stated concerns about traffic and infrastructure. Mr . Owens.

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Matt Owens

Thank you, Madam Mayor. The amendment, the subdivision concept plan on page 74 of the agenda, is not there for adoption. It's there just to... Demonstrate that it's capable of being subdivided. The figure five on page 75 shows different areas Y and W as lot size to change the lot size map. The extra lot is actually a community lot, so it won't have a dwelling entitlement. It's a lot to create that's created over the vegetated area, and the other lots will be responsible for the care and maintenance of it.

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Danielle Wheeler

With access from Bells Line of Road and two lots with access from Bells Lane. And it would appear to me that the community lot is the space in between, which would, if you counted that as a lot, would make eight. But we're talking about seven dwellings. Is that correct? Mr Rowlands.

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Matt Owens

Thank you, Madam Mayor. That's a restricted lot yield map, so that would mean no more than five lots could go there and no more than two lots could go there. But that's subject to a full assessment of a development application.

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Glen Falson

The original application that was put to the council was for seven housing lots and an eighth lot. And with the process of the council discussion, we've... Knock that back to 6,000 lots plus a community lot.

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Emma-Jane Garrow

Councillor Garrow. There seems there's an unknown, sorry, an unknown water source running through what appears to be that eighth lot. What measures will be put into place to protect this water source, and I'm assuming an already terribly affected Redbank Creek from previous development? Mr Owens. Thank you, Madam

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Matt Owens

Well, the community lot's created there to protect the watercourse and the riparian areas both sides of the watercourse, and any development application would be required to do a vegetation management plan and a stormwater management plan to enhance

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Paul Rasmussen

Thank you, Madam Mayor. Madam Mayor, I just want to pick up on a point that was raised by Councillor Zamprogno a bit earlier, and that is that the, I think the inference, or the stated, what he said was that the decision before us tonight, there was no point making the sorts of comments that the speaker had made because it's too late at this stage to raise those sorts of issues. Now, I'm just wondering, Madam Mayor, whether this is actually a decision of Council that's about to be made, and that we need to take into account all of the factors, including what is being said and addressed to us in this Council meeting tonight.

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Paul Rasmussen

Was under the same impression. So this is not just a roll it through, and we actually have to think about what it is that we're doing and take all these factors into consideration, including speakers tonight.

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Peter Conroy(staff - General Manager)

To be finalised? Through you, Madam Mayor, the latest estimate is in the next couple of months. So we're still negotiating with the consultant, but that's the timing we've got to work to. Madam Mayor. Councillor Conolly. I just want

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Peter Conroy(staff - General Manager)

So we've had a recent decision by the JRPP, and they've questioned Council's timing on getting their final position on Kurmond-Kurrajong. So we're bringing that forward as a separate piece of work that will then feed into the overall rural and urban strategy.

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Patrick Conolly

Just to make sure I understand Councillor Conolly. So does that include, I know a lot of planning processes that hadn't been to Gateway had been deferred pending the completion of a traffic study, is that included in the work you're talking about?

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Jeff Organ

Mr Organ. Through you, Madam Mayor, the interim report should be due in about two weeks. We'll assess that then and look at the next stage of that, but probably around two weeks, and that's the basic model of the network.

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Sarah McMahon

Councillor Richards. Thank you, Madam Mayor. Can I just get some confirmation on exactly how many reports and what reports are being considered as part of the structure planning for the Kurrajong-Kurmond investigation area? Mr Conroy.

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Peter Conroy(staff - General Manager)

Madam Mayor, we're doing a series of broader reports for the whole local government area to do with biodiversity and those broader issues that relate to the whole local government area. But as I mentioned earlier, there's been a recent decision of the Joint Regional Planning Panel. They've made some comments about Council's progress in relation to Kurmond Kurrajong, and that's necessitated the need for us to bring that work forward specifically for that area. So we're in the process of finalising a negotiation with a consultant, and we hope to start that in the very near future to look at the issues that relate specifically to the investigation area. So that's things like landscape, biodiversity, traffic, the function of the town centre in terms of the sorts of facilities that we want to see there, and the catchment that's required to sustain those facilities. So

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Sarah McMahon

Okay. All right, thanks. At the expense of sounding like a broken record, we really do need to... Follow through with the resolutions that our Council makes. Just to have it on the record, I'm going to reread point six, 29th November 2016. Council continue processing the planning proposals within the investigation area that have received support via a Council resolution to proceed to a gateway determination. We have debated this and debated this till we are blue in the face. I think it's very simple. That was a way forward for the community. It gave certainty and surety to the applicants who'd already spent a fortune ticking the boxes of our planning instruments in what they can do. I hope tonight that common sense prevails and this goes through because that is still the outstanding resolution that we have currently pending on this Council.

We have a VPA. We've given direction to these applicants, and I just hope that tonight we can actually see sense and move forward with the staff recommendation and the direction of the Council already undertaken back in November. Councillor Zamprogno.

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Nathan Zamprogno

Thank you, Madam Mayor. I didn't wish to imply, as Councillor Rasmussen suggests, that Mr Wont did not have any right to raise any issues or concerns that he wishes in his remarks to us. I strongly defend his right to do so. But equally, I have to place some weight in the fact that during the normal process of public consultation that occurred over a considerable period of time, that zero objections were made from the community and that the only submissions that came to Council were agency submissions. And as we can see, they've been given their appropriate response by Council staff. I was merely trying to suggest that Mr Wont's concerns, if they had been made in the normal process of public consultation, could have had a fuller response from Council staff and it could have appeared in the business paper.

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Peter Reynolds

Yeah, thanks, Madam Mayor. Just a comment on Councillor Zamprogno's comment. I think that the point he raises is a valid one, and I think that that issue isn't to do with anything to do with the concern or the work of the public and North Richmond Districts Community Action Association. I think it's more to do with the notification of these proposals put out for public comment, and I think that that's an issue that we should look at. Comment on Councillor Richards' comments a little while ago. She's exactly right, yes. On that November 2016, we did agree to continue processing planning proposals within the investigation area, but processing, and I've said it before, she's said it before, so I'll say this again, processing isn't spelt A-P-P-R-O-V-E.

Deferring is part of the process if we're pending further information, and as the traffic report is pending and imminent, and the report on the Kurrajong, Kurmond-Kurrajong planning investigation area is only a couple of months away, I would like to move that we defer pending receipt of those reports.

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Patrick Conolly

Councillor Conolly. Thanks, Madam Mayor. I was trying to avoid going over the whole thing again because I thought maybe Council would just let this one go through, but since it's clear that's not going to happen, we're going to go through this again. I would point out once again that this would be a very inconsistent process for Council to adopt because since this resolution of 26 November, Council has approved some applications on the basis they've already been to Gateway and then switched its position once again and started not using that as a valid reason anymore.

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Patrick Conolly

The fact is that Council on November 2016 did say that it would look at all these factors, do some further planning, but continue to process those applications that had already received some support from Council. Councillor Reynolds says that that doesn't mean that we have to assess them on their merits. We can defer them on the basis of overarching planning instruments. I would say that's not correct. Deferring individual applications on the basis of regional planning, when you've got a Council resolution that says specifically no, we'll continue to process these ones that have already been lodged, I think is in direct contradiction to that resolution. If not, why would it have ever been included?

If all we were trying to say was, we'll do all this extra overarching planning for this region and not accept any further planning proposals till we're done, if we didn't mean, but we won't let that overarching regional planning hold up the ones we've got, then why would that part even be in the motion? There would be no logical reason to have included it. So clearly, the will of the Council at the time, and clearly since changed, but the will of the Council at the time was that it could see that it was fair to continue to process these applications that had been in the system for years and years under the previous policies of Council, and therefore those should continue to be assessed on their merits.

But what's happening is we're not assessing them on their merits. We're making decisions on these planning proposals not because of anything about the specific site or any planning matters that have to do with the proposal itself, but because of the regional planning that we've decided to do, and that's not continuing to process applications. This application was lodged in 2013. It's taken over four years to get to this point. The applicant has followed everything that Council has asked them to do. They're at the end of the process. Council has already supported the application to go to Gateway, signalling to the applicant they should go ahead and spend more money and do everything that Gateway requires, because Council supports them and what they're trying to do.

There's been no community submissions against this application, despite it being, you know, whether we think we should have notified it more broadly or not, it was notified obviously to those people who are in the normal notification area, and none of them had a problem with it. No one else in the community has come forward until tonight, Mr Wont again putting his view forward. But I think it would be incredibly unfair of this council to signal to an applicant that they have our support back in 2013, or 2015, sorry, send it to the Gateway, tell them, you've got our support, go and spend the money the Gateway requires, and then it comes back here and we say, no, there's a new council now and we no longer support it, so we're going to defer it pending some more regional planning.

I think that would be incredibly unfair. It's also very inconsistent, considering council has already, since November 2016, actually followed its resolution on one occasion and said, no, this has already received support from Gateway, so it should be assessed on its merits. So I think the applicant has a right to have this assessed on its merits. None of the comments, other than some of Councillor Wheelers' comments, have been about the merits of this proposal, just people talking about regional issues, which were known in November 2016, were known in November 2013, and are not materially different now. So I can't see how it would be fair or consistent for council to defer this application pending further regional planning.

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Danielle Wheeler

Councillor Wheeler. Can I get some clarification of what happens with the community title lot designed to protect the vegetation? So do we have any information about how that will be, the maintenance and upkeep of that lot? Who will be responsible, and how we will fund that matter? Is that something that we expect to come back to council with future applications for this site, or is it something that we're expected to take on faith at this point? Mr. Owens.

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Matt Owens

Thank you, Madam Mayor. A development application would be required to subdivide it. And as part of that, in a community title subdivision, if you look at the layout in figures four and five, just as an example, the access way off Bells Line of Road would be a private road. Lot one would be commonly owned by, or have entitlements from all the other lots. So the other five , six or seven lots, whatever it comes up to, will be the owners of that community title lot, and they will be responsible for the maintenance and care of it.

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Paul Rasmussen

Further discussion? Councillor Rasmussen. Thank you, Madam Mayor. Some points there I think that are valid, but can I just pick up the point about the lack of notification to residents. Over my 20-odd years also in this council, there have been many occasions when, in fact, for whatever good reason, notification hasn't gone out on time, and as a result of that, we, as a sensible council who listen to our community, have deferred a matter so that residents can, in fact, come and prepare themselves and then come and address the issues that they wish to talk and deliver to council, so that we as a council can make much better and better informed decisions on all the planning matters for all the residents of the whole of the Hawkesbury.

That's what we're here to do in my book. Now, we are proceeding with these applications in this case, but as Councillor Reynolds said, you know, proceed is spelled in a certain way, and it doesn't signify automatic approval. If it did, there'd be no point us debating it, absolutely no point being here listening to all this. If it was just a matter of going, Oh yeah, well tick, that's it, all done, all approved, because it's been in the process for a while. I mean, anybody who runs that argument needs to do a bit of philosophy or a bit of logic. Anyway, I think we all need to take account of the feelings of the people, the residents who travel to and from work every day from west to east and east to west, to get to work, to do whatever they need to do, go to medical appointments, go to wherever, deliver kids, shopping, and they sit in those traffic jams morning and evening for hours upon hours, hours upon hours.

And if you don't listen to them, who are you going to listen to? They have been telling us for years and years and years, this is a bad, bad move. Please do not do any more of this. Stop it. Please stop it. Do not add any more impacts. It's not fair on them. It's not fair on them. I hear councillors saying, well, it's not fair on particular applicants. Well, it's not fair on the people who sit in those traffic jams either with kids in the heat and all the rest of it. So we, in my book, I believe anyway, the residents, the major residents or the majority of residents in this area certainly have the right for us to make decisions so that they and their lives are not majorly impacted or continue to be majorly impacted as they go about their business and their work and their enjoyment of this lovely area.

There is no new infrastructure. This council has not generated any new infrastructure to enable the traffic jams and the delays across the bridges to be lowered by one second.

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Paul Rasmussen

Now, if we continue with this cumulative impact and add more impact, more traffic jams, more time to the travel time for these people, I just don't think we are absolutely not doing what we should be here to do, and that is looking after the majority of residents in this area for the longer term, their health, their wellbeing, and the way they enjoy this area. So, Madam Mayor, I think we don't have much choice on this. I think we need to defer it. We need to get those studies done, and I agree the JRPP did make some scathing comments about the... You know, lack of progress on these particular plans, and I think that's appalling in my book. So we do need to speed that up, and I'm pleased the General Manager is saying that he's going to hurry up and get that done, because it needs to be done.

We need to have all that in place so that we can actually move ahead in a sensible way, figure out where we can grow and develop, and where infrastructure needs to be placed. But until we do that, I just cannot see how this Council can continue to add cumulative impact on cumulative impact on these residents who have been struggling for years and years and years and years, sitting in traffic jams. I just don't see how we can possibly say that a few applicants have the right over all of those residents, which is by far the majority.

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Barry Calvert

Thank you, Madam Mayor. My understanding of the resolution from November 2016 is that we Council deliberately broke the applications into two categories. There were the new ones that could come forward, and there were the ones that were already being processed by Council. And in Section 5 of that resolution, it dealt with the new ones and said any new ones need to wait for the structured planning report. Section 5 said that we should continue to process the ones that are already in the pipeline, so to speak. And continue processing, to me, means that we could defer them or even refuse them based on site-specific objections. I haven't heard any site-specific objections. All I've heard is all the overarching structural planning, which Section 5 of the previous resolution dealt with.

So, in my opinion, what the amendment up there is asking us to do is, I believe it contradicts the resolution of November 2016. Therefore, I believe it is actually out of order and should be ruled out of order.

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Barry Calvert

I was saying, Mr Conroy, the motion or resolution of November 2016 says that any applications that are already in the pipeline should be continued to be processed, which would mean only be rejected or amended because of site-specific objections. That was the aim of that point 6. And this amendment up here contradicts that and says that we should defer this not because of site-specific objections, but because of structured planning considerations. So, I believe it therefore contradicts the resolution of November 2016 and is therefore out of order.

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Peter Conroy(staff - General Manager)

I don't think it would be out of order in terms of—it's not. Contrary to any legislation or any Act or regulation, council's the responsible planning authority and it's responsible for determining applications on their merits, and it certainly has to have regard to all relevant considerations. But I think, again, it's up to each individual councillor to come to their own personal position in relation to this. I don't think you can place a black and white interpretation across that council resolution. So I wouldn't say that it's out of order, and I would say it's up to individual councillors to make their own decisions on this.

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Paul Rasmussen

Just a question back on the resolution that Councillor Calvert referred to on the 29th of November 2016. Can you just point out to me, because I've missed it, where it says it can only be deferred on site specific matters? I just don't see those words in that resolution.

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Sarah McMahon

Further discussion? Councillor Richards. Thank you, Madam Mayor. I'm speaking against the amendment. Sorry, Councillor Rasmussen, but the resolution pending is the way we are moving forward in a sensible way. That is what a council does. That is a sensible decision of this council. And every time one of these matters comes before us, we go in circles, we say the same thing, but surprisingly, we've never had a rescission motion to take that motion off the table. So it is still pending, it is still current, and it is still valid. And we as a council need to make sure that we follow the resolutions that we are making. I mean, honestly, I still am so surprised that that is still standing and you haven't put in a rescission motion.

But what we need to do is stick to what we've got here. We've had a regional planning body. Now tell Hawkesbury City Council to hurry up. I mean, if we've got those external bodies telling the council that you're making these decisions about structure planning and traffic reports and this, that and the other, and now we've put a timeline on that finally, I mean, to have to get another body to give us a kick up the backside and say, move forward. You've got applicants sitting here waiting for these reports. It's not a good look for us. And I've sat in this chamber time and time again and said that the reputation of this council is extremely important to me, and I don't like how the reputation of our council gets put into jeopardy by these sorts of things.

Please, Mr. Wont, please. We talk about infrastructure and the fact that west of the river we shouldn't be approving developments because we don't have any, yet we have a development sitting there in North Richmond that a developer is paying for a bridge to alleviate some of that traffic congestion. We need to be continuing as a council to push forward to make sure that that bridge is delivered in a timely manner. Those buildings, those houses are being constructed right now, so we need to make sure that we deliver on that bridge and we push all three parties to the VPA to make sure that that bridge is put there. If that's—if you want to talk about broader infrastructure issues, then that comes into it.

We shouldn't even be talking about those broader issues right now. We should be talking about the merits of this specific application. Not one person has brought up so far something that's detrimental about this specific application other than your overarching broader issues relating to all the structure planning in place. So, I mean, I would have to say that— Since being elected the last 18 months, this whole thing has been probably the single most disappointing issue that I've had to continuously sit in here on this chamber and debate. We have a current resolution sitting there. Let's just stick to it for once.

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John Ross

Thank you. I think the remarks made by the previous speaker in regard to the availability of infrastructure coming out of Redbank bears little consequence upon this proposal because of its remoteness and the deviations that would be necessary to even come within cooee of such a crossing of the river. I've got concerns about it because I don't believe it's

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John Ross

And the necessity at some point or another where we are going to have to realise that the lack of vegetation on this area and the preservation of what we do have is of primary importance for the local people within the area and the broader community. And I don't see this as a reasonable response. to a broader social requirement of a body such as this, frankly. Thank you.

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Patrick Conolly

Just through you to Councillor Ross, I just want to confirm which way he was speaking. Given that he raised some site-specific issues, I imagine he was speaking against both the motion and the amendment.

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Mary Lyons-Buckett

I would ask each councillor, please, if when you speak, if you could declare whether you're speaking for or against the amendment or the motion, so that we can follow the debate. Madam

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Mary Lyons-Buckett

Can I just seek clarification of the time frame? I know you, Councillor Richards, just asked two months for the study. Does that include public exhibition time? And what's a realistic time of when anything deferred would be able to come back before the council for consideration?

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Peter Conroy(staff - General Manager)

So we're asking consultant to finalise the draft study within two months, so that then we can have a councillor briefing, and then we'd put a report to council, and then it would go out to some sort of notification.

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Danielle Wheeler

Councillor Wheeler. Thanks, Madam Mayor. The very fact that we have to have exactly the same discussion with the same people making exactly the same points over and over again shows, in fact, that this Council is remarkably consistent in its approach to these matters. We talk about the same things. We agonise over exactly the same problems, and we get divided straight down the same lines, just like we always do. I'm sorry, Councillor Richards is frustrated by this Council's change in direction and its approach to planning. Democracy does that to you, unfortunately. It's

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Danielle Wheeler

Continue, Councillor Wheeler. I do have site-specific concerns about this application, largely relating to the vegetation and the watercourse in the centre of the property, and I appreciate that the applicant has made considerable effort to try and protect that vegetation and, to a degree, that watercourse. I am— Concerned that that watercourse drains into Redbank Creek, which has already suffered significant negative impacts from the development at Redbank, and I'm not quite sure how much more it can take or be expected to take. And what this really speaks to, as do the concerns about traffic, is a lack of overall planning, and that's really what this Council is concerned about, a sensible overarching approach to planning in the LGA, and that's what we're trying desperately to put into place.

Unfortunately, it's time-consuming and it's expensive. I don't believe that this is consistent with the CMP. 5.3.2 of the CMP expressly mentions planned development. This isn't planned development. This is ad hoc development, a carryover from the glory days of the previous Council of just picking a spot and saying to everybody, Well, chuck us your planning applications because we like this bit and we think that a few of you will like to carve it up. We're talking about a genuine large windfall for the applicant. That's what subdivision provides for the applicant, and it shouldn't have onerous impacts on the wider community. But what we've seen through cumulative development is large onerous impacts on the community who, on the North Richmond side, are spending about 45 minutes sitting in traffic in the morning, and on the Wilberforce side, sitting for about 30 minutes, and they're doing that to travel distances of between 5 and 6 kilometres.

Now, that's ludicrous, an hour and a half from the CBD, and it's not a reasonable impost on the community, and it's occurred because we haven't had an overarching approach to planning. I understand, I understand Councillor Connolly and Councillor Calvert's concerns about site-specific issues relating to this development, but we can't— sites don't exist in isolation. They exist as part of the wider landscape and the wider impact on the community. And it's our job to consider what those impacts are and if they're reasonable. On page 77 of the business paper, there's a list of seven objectives for the RU1 Primary Production Zone, which this site sits in. And it says in the next paragraph that it should be noted that there's no requirement for a subsequent development to be consistent with all of the objectives of the zone.

But I reckon if we were going to approve something, it would be nice if they were consistent with one or two. And I'm struggling to find at least two that this is consistent with. So currently, I can't support this application, simply because it can't be separated out as an application. I have real concerns about the site, about the impact of the development on the vegetation and the watercourse on this site, but I also have real concerns about the impact of this subdivision on the wider community.

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Mary Lyons-Buckett

Thank you, Councillor Wheeler. I'll just speak briefly to the amendment in support of the amendment, given the timeframe of three and a half months. He's not very long, if this has been a long and protracted application, I admit. But there's something I'd like to make clear with regard to planning proposals and spot rezoning proposals, is that these are speculative things that people undertake. Councillor Richards referred to us ticking the boxes of our planning instruments. This doesn't involve a planning instrument. Let's be clear on that. That's not correct. A planning instrument is our LEP or legislative documents. This was based on a residential land strategy, and we heard Mr Henry say he was approached and told that Council was taking applications for this.

Now that's based on the speculation of a land strategy, which is fine for people to take their chance and put in a proposal and to see what may develop out of that. That's a thing that everyone's open to do, but there seems to be a blurred line between that and some commitment to thinking that therefore, if there's a land strategy, that we therefore have to pass something because it complies with something. It's not that way. We're not ticking boxes because there aren't boxes to be ticked. Now, in my opinion, and it's well on record, the residential land strategy was very flawed in its implementation because it was implemented before it had the appropriate supportive studies to underpin it and to allow us to arrive at these decisions, for example, of a total yield in that particular area.

It's been modified over and over again. There's been different resolutions. It's very obvious by the course of events that have unfolded that there was no certainty for people in the first place, and I feel for- For applicants that have gone down this path, because that is what's happened. There was not documentation or studies to support what was actually being asked of people, and therefore we've had an inconsistency, and therefore I would support deferring it until we at least have these various reports, which are going to tell us the things that we should have known in the first place. Having said that, in this particular application, there's a number of positives that I can see that have been addressed and , you know, that do give it merit.

So it's not refusing that, but I think to view it in light of the various reports that we do get back is actually fairer to the applicant than sending them down this path before we have all those reports, because it's a three and a half month wait, and then we'll have the various things that relate to the vegetation studies and the various other things, which may actually enhance any application if there's increased information. I mean, we're sort of flying blind on a lot of this because we just simply don't have all of this information. Now, it's not to be construed as totally anti-development or anything, which it often is, but it's more to think this is our place where we live. We want to see it develop in the way that is sustainable and gives the best outcomes, and that ensures that the adequate and supporting infrastructure is in place.

Now that's— That's what we should be doing. We only have one chance. Once we do this, we need to do it properly. And sadly, it has not been done properly in the past, and we can move forward and rectify that now. And in a few months, people can then come back, and then if their applications are fitting into what the vision is, what the picture is, what the studies say is sustainable and allowable, then we can go down that path. So that's the way I'll be voting tonight. And I know that it's another delay for people, but I would rather see it done properly because it's a precious area. We've got precious waterways. We've got some very, very significant vegetation in those areas, and we want to get the best outcome from this that we can possibly get.

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Patrick Conolly

Just another question, if I could, Madam Mayor. Yes. Just want to clarify that three-and-a-half-month time frame. I understood that to mean that the reports could be adopted in three and a half months, but I imagine there'll be another period where those reports, or whatever we adopt, then has to be assessed and applied to these planning proposals before they can be brought back. So, I mean, just to get an idea of how long these applications will be delayed before they're seen again, realistically, are we looking at more than three and a half months, perhaps? Mr Conroy. Sorry

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Peter Conroy(staff - General Manager)

Madam Mayor. So I think once we get the draft reports, we'll get a sense of whether the current applications are consistent with them or not, and that may be sufficient for Council and the community to proceed on that basis. But at the moment, we don't have that overall framework for that investigation area. So we're looking at sites on a case-by-case basis. Once we've got the overall framework, we'll see whether they fit into that framework and whether they can proceed. So it could well be that as soon as, you know, two to two and a half months, we'd be in a position to consider some, but it may well be that others have to wait three and a half, four months.

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Nathan Zamprogno

Thank you, Madam Mayor. I also have a question, and forgive the question, but it's only because we're now feeling our way through the process of working out which of those planning powers are going to be divested from us here in this chamber and given to planning panels. Is the process of dispatching things to Gateway and receiving them from Gateway and then encouraging that process to proceed something that we will continue to have control over, or is it also divested to a planning panel?

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Matt Owens

Thank you, Madam Mayor. I believe they go to the planning panel, but the criteria only just came out in the last two days, so I'll check that and, if it's different, I'll get back to you.

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Nathan Zamprogno

Thank you, Mr Owens, because I think it's relevant and significant that we should consider that in the process of delaying this, we are giving it away and that we may never have the opportunity to resolve ourselves on what we want to do with this.

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Paul Rasmussen

Thank you, Madam Mayor. I just want to speak against the motion and make a couple of short, hopefully short, points about it. The residential land strategy—I don't know how many people in this chamber or outside understand or knew how it came about. The residential land strategy was a big piece of work done by very, very eminent and learned and professional consultants. It did not contain the Kurmond, Kurrajong investigation area initially as it was presented to council. That particular part of it, in a slightly different form, mainly to do with one kilometre within the, one kilometre of the village and town centres, that was actually parachuted into it, not because it had any foundation or basis in fact or science or planning or anything else.

It was parachuted in there because this previous council, some of the councillors decided that that was a good idea to be doing this because that area west of the river, people wanted to subdivide their pieces of land. And that's fine. There's nothing wrong with that per se. But as a planning body, overarching, looking after the future and the development and where growth should take place in this city , that is not exactly how one would want to do it. That's why we are in this situation. Not because there are any ticking boxes of magnificent magnicarta instruments that we needed to follow. It was parachuted in by a certain group of councillors who had the numbers in this council to achieve it.

That's why we're struggling with it. That's why we're going around in circles. That's why we're not— well, we are proceeding with it and we are dealing with it. And this council has changed, surprise, and the government, as we have just heard, has made the decisions that this council, or councillors, most councillors in Sydney, will no longer have the opportunity to actually debate and listen to their residents and actually make informed decisions based on what they want so that we can eliminate and maybe ameliorate. The impact of traffic and their moving about this city on a day-to-day basis. That's what we should be thinking about. That's the big picture we should be thinking about in here, not whether one or two applicants is going to miss out on a development because it might slip away from us.

I mean, for goodness' sake, this is a major planning body, governance structure, that needs to take account of all of the citizens, all of the residents of this area, for the good of all of them, not just a few.

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Mary Lyons-Buckett

Thank you, Councillor Brassmussen. I'll just get Mr Owens to clarify regarding Councillor Sam Bronio's question, and I'd also like to foreshadow that at the next meeting I'll be bringing something forward seeking clarification of councillors' actual involvement and role in IHAPs, which is a bit separate from that, but I just thought I'd get that in because we don't have a lot of information yet, and so it's very important that we understand the extent of our role and also the process of how, you know, the listings and all the operations of the IHAP will work. But that will be the next meeting. Thank you, Mr Owens.

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Matt Owens

Thank you, Madam Mayor. This is a direction about planning proposals for council, but the direction doesn't take effect till the first of June this year. But the council is required to refer all planning proposals to be prepared after the first of June 2018 to the local planning panel for advice, unless the council's general manager determines that the planning proposal relates to the correction of obvious error in the LEP, matters that are of a consequential transitional machinery or other nature, or matters that the general manager considers will not have significant adverse impact on the environment or adjoining land. So that is a change that is coming in on first of June.

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Amanda Kotlash

Councillor Kotlash. Thank you, Madam Mayor. I'm speaking against the amendment to defer this planning application. I'll say it again. I've said it before. The spirit of the resolution that we made in November last year was to— was it last year or the year before?—was because we were in a transition. We had a new council, new ideas. We're all pretty passionate about getting our planning right for all our residents. And I think that the spirit of that resolution was so that we could deal with the applications that we had in a manner that was fair to those people. I don't think that it's fair for those five applicants that we have left to be treated this way. I think this proposal is sound. It has ticked all the boxes.

There's been obviously a lot of toing and froing with council staff, so they've satisfied those requirements. So for us to be talking about what the outcomes of of reports that we're waiting on might be, and that they will solve all of these issues about the traffic, I think is really naive. We have to make this decision today. We have to make this decision because it has been, we have had this application since 2013. We have to honour this application now. To keep deferring is a very , it's a very unprofessional way of conducting ourselves. I appreciate we have to get the traffic solved, and I appreciate we have to get our planning right. But the spirit of that resolution was the transitional, the transition so we could do that.

We could be fair to these applicants, and we could be fair to the rest of our citizens. I just really think we should start to act on our policies, act on our resolutions, and stop thinking that there's going to be a perfect world when we've got more studies. There's always a need for more studies. There's no perfect information. We will always strive to get better information. We have to stop and just be pragmatic about this. I find I find deferring this very, very unsatisfactory, and I can't support us deferring it for a minute more.

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Mary Lyons-Buckett

Thank you. Thank you, Councillor Kotlash. If I could just address something you raised, because I know I was speaking about why I would defer it, and I'm not sure if you understand the process, but the rationale was that if it's three and a half months until we have studies that may eliminate something in something going ahead, or in fact the reverse, allow more or allow a different setout, that stops that person proceeding, and as we often hear in here, people spend money, etcetera, etcetera. That would be eliminating that from the process. So this isn't a subdivision. It's not a development application. It's a rezoning. So it could then go forward in a different shape or form. That is my rationale, because then we could be applying that fairly across the entire area, because we would have an area-wide solution with the correct studies to show that.

So I just wanted to clarify that because I didn't know if you grasped

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Patrick Conolly

Thank you, Madam Mayor. Just to address a few of the things that have just been raised. Especially in regards to your comments about this being, this being a speculative proposal, and someone approached him and told him to have a go, and everyone's welcome to have a go and see how they fare, and there's no documents to support this, and in your comment that we shouldn't send him down this path, I think we're— I'm not sure if you grasp, Madam Mayor, but this has already come to Council as a speculative application, and Council has supported it. It's not speculative anymore. Council supported the application to go to Gateway. It said, We think there's merit in this proposal. If it can get through Gateway, if you can go and do all your detailed planning and everything stacks up, then we're going to support it.

That's what we said. It's not speculative at that point. At the point where they started spending serious money doing all their planning, it was not speculative. Council had already supported it. We'd already sent them down that path, to use your phrase. And to say that there is no planning instrument, that's correct. But this is reported to us with a recommendation for approval because it has been assessed by Council staff on two occasions, first when it came in and now again when it's come back from the Gateway, and Council staff have found that it should be supported, that on all planning matters it does tick all the boxes. Gateway has done an assessment, and Gateway and the department has found that it's an application worthy of support, and having been assessed on its merits, it should proceed.

So I think to say that there's no planning instrument, it's just purely speculative, I think is very misleading. Well, not misleading. I don't mean to say that you meant to mislead, but I think it's incorrect. I don't think you can say that this is speculative if Council has said, We're going to support this, we're going to send you to Gateway. You should move ahead and spend all your money. And I think there's a lot of political point scoring going on here, a lot of playing to certain constituencies, because we've heard a lot about being fair to all the residents and the cumulative impacts of all these developments, and that might be true, but we're not talking about— The cumulative impacts of development.

We're talking about whether or not these five individual small applications should be supported in the meantime, or they should be put in the same lot as all the applications in point five of the November 26 resolution of having to wait for all the structure planning. And whether or not we have an extra 30 lots or not makes no difference to anybody, to use Councillor Rasmussen's phrase, sitting in the car in a traffic jam in the heat with their kids. It doesn't make a difference, these 30 lots.

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Patrick Conolly

I think it's a matter of fact, Councillor Rasmussen. There is in excess of 10,000 homes on that side of the river. Another 30 is not going to have any significant impact on the traffic that any person could ever notice. We're not talking about whether development— Sorry? Okay. From people who don't like to be interrupted, there's a lot of it going on, Madam Mayor.

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Mary Lyons-Buckett

Councillor Connolly, all councillors, I'd just like to say let's keep the respect going on all sides from everybody and have this meeting running smoothly, all right? Legitimate debate, but just keep it respectful.

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Patrick Conolly

I think that would be a good way to proceed, Madam Mayor. To say that, and to come back to that— I'm just going to try and remember where I was up to now, now that I was interrupted by the muttering. You know, to say that we've been flying—

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Patrick Conolly

30 applications is not going to make any significant difference that any person can notice, and that's all we're talking about here. We've already, as a whole council, unanimously, I believe it was, decided we shouldn't accept any more planning proposals in this area until we've done detailed planning. We're only arguing about the few that are left over on what is a fair way to proceed. This council has already sent one application in this exact situation. It came back from Gateway, and council looked at it and said, Oh, look, it's not too big, and it's actually got, you know, some positives about it. We'll send it through in spirit with our resolution of November 26, and then that just changed.

We changed our minds about how we're dealing with these things. So I think there is obviously some political point scoring happening here, because it's not logical to fight these last 30 applications on the basis of regional traffic, Madam Mayor. That's not logic, and we're not flying blind, as somebody said, because this has been assessed by council twice and by the department, and it said that on its merits it should proceed. So, Madam Mayor, I also struggled to understand—my final point I was going to make was I struggled to understand how anybody can list their site-specific issues with this application and then go ahead and support an amendment to defer it on the basis of regional traffic.

If there was no merit in this application, then you would be voting to not proceed with the amendment to the LEP, not to defer it and keep it going longer if your concerns are not about traffic. If the concerns are about traffic, then I would say you're not acting in good faith in terms of our resolution of November 26.

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Mary Lyons-Buckett

Okay, all right, I'll put, sorry, Councillor Reynolds, time for the motion. I'll put your amendment. We'll vote first. It's a planning decision. We'll vote first on the amendment by Councillor Reynolds, which is to defer the application on the count of three. One, two, three.

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Mary Lyons-Buckett

For the motion, Councillor Ross, Councillor Rasmussen, Councillor Garrow, Councillor Reynolds, Councillor Wheeler, and Councillor Lyons-Buckett. Against the amendment, Councillor Calvert, Councillor Kotlash, Councillor Zampronio, Councillor Conolly, and Councillor Richards. Councillor Tree is absent from the chamber. I'll now put the amendment as the motion and we'll vote again. The motion is Councillor Reynolds' former amendment, on the count of three. One, two, three.

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Mary Lyons-Buckett

We'd have to have a malfunction sooner or later. One, two, three. For the motion is Councillor Ross, Councillor Rasmussen, Councillor Garrow, Councillor Reynolds, Councillor Wheeler, and Councillor Lyons-Buckett. Against the motion is Councillor Calvert, Councillor Kotlash, Councillor Zampronio, Councillor Conolly, and Councillor Richards. Councillor Tree is absent. The motion is carried.

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Official meeting record

Council decision and source documents

Outcome: Carried

61 Resolution

That further consideration of the matter be deferred pending the receipt of the further studies in relation to the Kurmond/Kurrajong investigation area.

In accordance with Section 375A of the Local Government Act 1993 a division is required to be called whenever a planning decision is put at a council or committee meeting. Accordingly, the Chairperson called for a division in respect of the motion, the results of which were as follows:

| For the Motion | Against the Motion |

|--------------------------|----------------------|

| Councillor Garrow | Councillor Calvert |

| Councillor Lyons-Buckett | Councillor Conolly |

| Councillor Rasmussen | Councillor Kotlash |

| Councillor Reynolds | Councillor Richards |

| Councillor Ross | Councillor Zamprogno |

| Councillor Wheeler | |

Councillor Tree was absent from the meeting.

Amendment — Carried

For: Garrow, Lyons-Buckett, Rasmussen, Reynolds, Ross, Wheeler

Against: Calvert, Conolly, Kotlash, Richards, Zamprogno

Absent: Tree

Amendment — Carried

For: Garrow, Lyons-Buckett, Rasmussen, Reynolds, Ross, Wheeler

Against: Calvert, Conolly, Kotlash, Richards, Zamprogno

Absent: Tree

Item documents

Agenda item chapter 3

GM - Application for Sponsorship - Australian Orchid Council Conference

Mary Lyons-Buckett

I'll just declare I have a less than significant non-pecuniary interest in this item. I am the patron of the Hawkesbury Orchid Society, but that does not involve me making any form of decision, so I remain in the debate. Thank you. Thank you, Mrs Mason.

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Helen Mason(public speaker - Hawkesbury Orchid Society)

For the international conference and show to be held on 18th to the 22nd of July this year at Hawkesbury Indoor Stadium. The not-for-profit Orchid Society of New South Wales is spending about $100,000 locally on fixed costs to pay for venue hire, tables, partitions, sound systems, as shown on page 118 of your business papers. We would also appreciate some in-kind supports, remarketing and publicity. I would like to tell you what is different about this event from the other shows you're probably familiar with. There will be a display of sensational international and Australian orchids rarely seen by the public because the growers grow them; they're not commercially available. We've also just heard today that the world's first blue orchid flower will be on display.

It has never been in Australia and has never been allowed outside Japan before, so that took a lot of government negotiation over the last couple of years. We are bringing together Australian experts with those from the US, Colombia, Brazil, Japan and Taiwan, who have never been here before, to share their knowledge of orchid growing and culture with special topics for hobbyists. We've challenged 34 cafes and restaurants to celebrate the contribution of the vanilla orchid to cuisine by offering vanilla flavoured items to customers over the next five months leading up to the show, with prizes to be awarded at the opening ceremony. We're also giving orchids to Windsor Park Primary School for a special science project that may be entered in the Wollongong University Science Fair in November, which has never had orchids before.

The main benefits include an economic benefit from the influx of visitors and booking of two local venues, local accommodation over five days for about 200 international and interstate delegates, as well as many Sydney orchid growers and volunteers who will need to stay in the area throughout the event. We currently have over 120 registered, with about 40 interstate and 20 international delegates. Their accompanying partners will take sightseeing tours as outlined on our website. About 2,000 day visitors are expected to use local transport, and we've hired a shuttle bus service to take people to clubs, cafes and restaurants for meals. Over the next five months, the vanilla on the menu challenge will increase retail business in this region.

The Hawkesbury Gazette will have a story about it tomorrow, and we would appreciate your support in promoting this. We hope to drive interest in the Hawkesbury Valley as a tourist destination during winter and to encourage orchid hobbyists to spend a few days exploring local plant nurseries. The main social benefit is to encourage orchid growing as a hobby. We will also highlight the environmental fragility of native orchid species. Many orchid growers come from diverse ethnic backgrounds and are generally retired. We therefore cater to a multicultural and ageing population, providing opportunities to connect and improve social interaction while sharing the joy of beautiful flowers. Future benefits include promoting the district as a centre of excellence for plant-based technology through the scientific program and by building on the existing horticulture infrastructure.

We warmly invite Her Worship the Mayor and Councillors to attend the precursor event called Orchids Out West on the 18th to the 20th of May, which is held each year at Hawkesbury Racecourse. This will provide an insight into our much larger international conference and show. You are also invited to our opening ceremony on the 19th of July to be officiated by His Excellency General the Honourable David Hurley, retired Governor of New South Wales, who is also very keen on orchids. To conclude, we are making a significant contribution to the local community and have estimated that we need about $20,000 in support. We therefore hope you will contribute towards the cost of venue hire, tables, partitions, sound systems, as well as marketing and publicity.

Perhaps you could discount the Hawkesbury Stadium rental of $23,250, which is the main fixed cost. Thank you.

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John Ross

I suppose you might say, certainly a piece of advocacy. Look, I had a little bit of a difficulty with the financial reference you made on page 118. I noticed that you had— Revenue coming in from the conference dinner of $3,600. I'm not quite sure what we're going to feed them because I couldn't see where the cost of the catering had been indicated on the expense side. Could you elaborate, please?

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Helen Mason(public speaker - Hawkesbury Orchid Society)

You. Sorry, Councillor Ross, I'll clarify that. If you look at that table, we've already got 100 registrations, and then the last three columns are if we get an extra 100, an extra 150, or an extra 200 in the next five months on top of the 100 we've already got—120 it is now. So those estimates, like the dinner and the ceremony, are saying we're going to get an extra 10 or 30 people on top of the 120 we've already got fully registered with the dinner and everything included. So I guess that is a bit confusing, but we're saying we need some additional people to get this, the bottom line of $80,000, $95,000, $110,000. We haven't got there yet. So the catering cost is actually for the dinner, 120, and opening ceremony, $50 a head.

That's cost recovery. We're not for profit, so we're not making any profit on that. And so we're saying we'll get 10 more who only come to the opening ceremony and 30 more who'll only come to the dinner, on top of the hopefully a couple of hundred full registrants who get everything included in their registration of $300.

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Helen Mason(public speaker - Hawkesbury Orchid Society)

Sorry. They're the fixed costs, and the catering is a variable cost depending on the number of people who come. So I haven't included any variable costs. I've only included the fixed costs, which we're up for no matter how many people attend. We have to cover the 94,600—what is it?—866.

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Helen Mason(public speaker - Hawkesbury Orchid Society)

So that's why I'm seeking some government support to make sure we've got enough to cover the fixed costs. And then on top of that, we've got cost recovery on the variable costs, which we're charging the delegates on a per-head basis.

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Helen Mason(public speaker - Hawkesbury Orchid Society)

It's a five-day conference. The five days is a couple of days setting up. There's a judging day, and it's open to the public on the Friday, Saturday, Sunday, depending on whether they come to the lecture program, which is on the Friday and Saturday. So there's many different options for who's going to attend and when. If you're a day visitor and you're only paying $10 a day, $10 a head, then you can only come Saturday or Sunday. Okay

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Mary Lyons-Buckett

Yes. Well, hopefully that won't happen, Councillor Zamprogno. I agree. I think it's a wonderful thing for our district, and I think it's something that we should definitely support. Unfortunately, we don't have huge monetary resources, as it says our allocation for those things is almost exhausted. However, I think that, I'm not sure, and I didn't get a chance to ask, but I'm not sure how much other sponsorship—looking around the room, could there be people who sponsor such an event, or within the community, if you had approached other sponsors? You have, yes. Okay, thank you. Well, I'm sorry that we don't have 20,000 to give you, but we don't. However, I'm sure that there will be a lot of— definitely, I definitely commit to promoting and supporting it any way I can possibly do because I think it's great to bring such an event here, and I would encourage you to continue.

I know it's sometimes disappointing when people don't sponsor, but I'll just see if we have any avenue where we could rally any different sponsors or give any advice on that, Mrs Stewart.

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Suzanne Stuart

Thank you, Madam Mayor. No, probably just the letter of support through Destination New South Wales would be our best avenue, which we're currently preparing at the moment. Okay. All right, thank you for that.

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Paul Rasmussen

Thank you, Madam Mayor. Madam Mayor, I think this is an outstanding proposal and something that the Hawkesbury would benefit enormously from, apart from being very beautiful orchids. And I have to declare an interest. I do have orchids at home as well, and I love the orchids. But anyway, Madam Mayor, I'm just wondering whether there is a way we could find to encourage the YMCA to sponsor half of the hall hire or something similar. I mean, at the end of the day , council contributes in the order of, and somebody might correct me if I'm wrong, about $120,000 a year to the running of that facility, so I'm just wondering whether, in fact, we could not find a way to lessen that burden, maybe not the full amount, but You know, at least down to their running costs or at least down to some more reasonable cost.

I mean, I would really like to see that. I don't know whether there's a will in Council to try and find a way to do that for this wonderful event, because I really do think we need to dig a bit deeper, in my view, to find a way to help this become a really, really success, because it will have. It will be shown. There is no doubt that this will be on YouTube, on Facebook. It will go viral, and there will be

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Paul Rasmussen

Won't go feral. Not this one, not this one. Others might, but it will certainly have international—and thanks, Councillor Garrow—and it will have impacts way beyond the event as well, because it will be featured, it'll be there. So, yeah, if there is a will, I mean, I'm happy to move or at least have suggestions from other councillors if there is a will to find a way, but I think we need to find a way here.

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Mary Lyons-Buckett

I'll just ask Mr Mifsud what that would entail. If there's any mechanism to request the YMCA to somehow sponsor and therefore reduce the cost of hire, would that be totally in their hands or something that we could advocate for?

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Laurie Mifsud(staff - Director Corporate Services)

Thanks, Madam Mayor. Certainly Council could advocate that to the YMCA, but YMCA are effectively running a business by managing and operating the stadium. So certainly Council could request them, but they'd be under no obligation to do that. Yep. Madam Mayor, at least could

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Paul Rasmussen

That would be wonderful. If Councillor Zamprogno would be happy with that, but also a bit of a timeline, because I think they're obviously trying to get their finances in order and trying to work out what they can do and what they can't do, so maybe a bit of a timeframe on the request. Thanks very much.

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John Ross

The dear lady who gave us the address indicated that this particular event is preceded by— An exposé up at the Hawkesbury Race Club, as I understand it? Yes Could I seek an understanding as to whether Council is supporting that in any financial or non-financial way, please, the preceding event?

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John Ross

We're not talking now about one event. We're talking, in a sense, about two events. I detected last year, which I think the preceding event is an annual event, that it garnered a very significant amount of interest beyond our immediate environs and was a real drawcard for the area. I think that itself will draw the same type of attention as did last year's event, which is, I think, very good.

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John Ross

In view of the fact that this is an even— the amount, sorry, the element about which we're speaking at the moment is more significant exposition, and with those extra elements of uniqueness about it, that I would propose an amendment that... Council seek

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Mary Lyons-Buckett

All right, just a minute, Councillor Ross. I'm not sure if— I think you'll have to— you're moving that as an amendment. I'll just have to get clarification as to whether we have those funds available. Mrs Stewart.

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John Ross

That sort of input from Council to support it and support our local people and growers, who are quite numerous. I'm disappointed to hear that the staff feel that the budgetary allocations are not able to accommodate it.

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Mary Lyons-Buckett

If I, just before you proceed, if I can just clarify, there's been a submission made to Destination New South Wales, but has there been a specific request to the local member, who has a tourism committee, if he could perhaps contribute to this? Not yet. So perhaps that's an option, Councillor Ross.

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Nathan Zamprogno

I must confess, I fear that we've strayed a little from the remit we were given here. I was happy to consider the adjustment into the original motion, but I can't consent to Councillor Ross's. Very well. If he wants to move it as an amendment, he's free to.

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Mary Lyons-Buckett

None needed. We'll vote on Councillor Ross's amendment, which we should clarify first before it goes. Councillor Ross has moved an amendment which I gather includes the first three plus an additional point, which would be for Council to write to the local member to ask if, from his tourism funding or any other funding he has access to, being the Treasurer, that might be a bit, that we could to see if he will contribute towards this event being held in the Hawkesbury.

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Mary Lyons-Buckett

So we'll put that amendment. All those in favour of the amendment? One, two, three, four, five, six, seven against, three . It must have been eight. Eight, three. So the amendment is carried. The amendment will be put as the motion. All those in favour? Against? That was ten to one. Ten for, one against. The motion is carried. Thank you. Our next item.

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Outcome: Carried

64 Resolution

RESOLVED on the motion of Councillor Ross, seconded by Councillor Reynolds.

That:

1. Council approve sponsorship funding to the Orchid Society of NSW in regard to the holding of the 21 st Australian Orchid Council and Show, to the total value of $2,000, comprising of financial assistance of $1,000 and in-kind services to the value of $1,000, as outlined in the report.

2. Council enter into the standard Sponsorship Agreement with the Orchid Society of NSW for the 21 st Australian Orchid Council and Show.

3. Council write to YMCA NSW and request they consider a reduction in the Hawkesbury Indoor Stadium hire charges for this event or any other in-kind support.

4. Council write to the Local Member for Hawkesbury - The Honourable. Dominic Perrottet, MP, confirming the significance of the event to the Hawkesbury area and seeking financial support for this event from his Hawkesbury Tourism Working Group fund, or any other funding source available.

Amendment — Carried

For: Nil

Against: Nil

Absent: Nil

Item documents

Agenda item chapter 4

CP - Potential Heritage Value of Former Dwelling at 452 Greggs Road,

Glen Falson

Thank you, Madam Mayor. You might recall that at a previous meeting, this matter of this heritage item was discussed, and my client, the landowner, is supportive of it if it does ultimately become a heritage item. And indeed, we did request that of Council some five or six years ago, to no avail at that time. But it's pleasing to see that it is happening, hopefully at this time. It will be interesting, however, because this property is also the subject of a planning proposal, what the Council will do, because this is one of the five that are outstanding, what the Council will do when it comes to the Council soon in a similar position as the one that you dealt with earlier. So on the one hand, you have all these horrific traffic problems that you perceive.

On the other hand, you have a heritage item, which you don't have at the moment. So do you vote in favour of the traffic? Do you vote in favour of the heritage? Interesting what will happen, I don't know.

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Glen Falson

Yes, well, I don't share, with respect to the general manager's optimistic time constraints for these sorts of studies, but having been many times bitten. But anyway, hopefully it does. But recommendation tonight, I endorse the recommendation for this matter.

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John Ross

I'm of the understanding that this particular piece of built heritage was actually associated with an original land grant, and I would certainly support the Council's— sorry, the recommendation, should I say, because of that. And I think it's a worthy, a worthy element of

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Outcome: Carried

70 Resolution

RESOLVED on the motion of Councillor Richards, seconded by Councillor Zamprogno.

That the:

1. Information be received and noted.

2. Two buildings (former dwelling and shed) on Lot E DP 373372, 452 Greggs Road, Kurrajong be included for further consideration as part of a Hawkesbury wide Heritage Study.

Item documents

Agenda item chapter 5

CP - Sustainable Energy Strategy

Bill Sneddon

Thank you, Madam Mayor, Councillors. Item 148, City Planning, solar options presentation from Hawkesbury Sustainability Advisory Committee. I'm really pleased to see this. It dovetails in with the previous report from last year, which I chose not to speak on. You have a good consultant name here. I'm advised by people in industry that this is a really good group of people to be dealing with, and the advice that you've been handed, frankly, from an energy advisor point of view, is very similar to what would be given to a household. You're advised to address low-hanging fruit early. That is, do the easy measures very early on in this state, although Council has done many of the other things that are not mentioned in this other than solar.

Your engineering staff and the others, officers with various sections of Council, are well versed in a whole lot of things to do apart from solar. You're doing all sorts of things. You've got LED lights in here. You probably run all of these on what was only about four or five of the original fittings with the original device, etc. You also know a whole lot of other things with sewage, etc., power factor, a whole lot of things that certainly Mr. Organ and his staff know a lot about and that I've had dealings with in the past regarding other things. So the advice in this thing is simplistic, relatively, simply saying go for the easy items first. The payback items here recommended are relatively simple solar on the roofs.

You're talking about a payback period of about five years. And where can you get an honest 20% loan other than probably the Mafia Loans Company? And that's not an honest loan. Then once you've done that, you then further consider the longer payback and larger and more expensive complex schemes, for example solar farms, etc. There are certainly some advantages to what's going on here, or being suggested. There also will be some advantage of putting off the bigger things long term. For example, Australian energy policy is in a real mess at the moment. So delaying a couple of years on the bigger items, you'll have a chance for the federal and the state energy policies, etc., and the marketplace maybe to settle down and become a bit more realistic.

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Bill Sneddon

The energy market prices and generation projects at the moment are also in a mess, and council... Suffered this in the past with the trigeneration project when you simply couldn't get an energy price for the power that you would export from that project. Now that project is completely non-viable simply because of the rising gas prices. So energy things, considerations have certainly changed over the last 10 to 15 years. For example, regarding energy costs or equipment costs, the cost to do my five kilowatt system on the garage is about a third of what it would have been when I put it in just at the end of the energy— sorry, of the solar buyback— sorry, the solar bonus scheme, and that paid back in five years just as it finished.

I've not bought power for my house since the end of 2010. So hastening slowly is certainly— I say, it shouldn't say slowly— hastening steadily, and within our council's tight budget is a very sensible suggestion. And we also have to, of course, make sure that all of these assets are appropriately listed, maintained, depreciated, and considering that solar typically now is considered by the better installers to have a functional period of up to 20 years, you are certainly, after the five-year payback period, looking at being positive all the way.

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Mary Lyons-Buckett

Thank you. Thank you, Mr Snedden. Are you happy for questions? Yes. Any questions? No questions. Thank you. That was our only speaker on that. Who that one, Madam Mayor? Councillor Rasmussen. Seconded? Councillor Kotlash. Thank you. Discussion? Madam

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Paul Rasmussen

Mayor, I think it's a great initiative, as we've just heard, and I thank Mr Snedden for coming, and he always makes a lot of sense and compelling arguments for this sort of policy within council. I think it's a great idea and the faster we move in this direction, the better. And yes, there will be positives coming out of that, lots of positives, financial... Lowering our contribution to the greenhouse gases and so on, which we all know about and which we all applaud. So we are doing our bit, and we should be doing whatever we can to help the rest of the country do their bit as well. So this is great, and I appreciate it, and I thank the staff for, you know, moving as quickly as they can in this direction.

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Danielle Wheeler

Thanks, Madam Mayor. I think what's come about in this report, it probably wasn't what the Sustainability Advisory Committee envisaged when we first discussed it and when Councillor Kotlash called for this report to Council. And I think what's happened is that we've used a very knowledgeable Community Advisory Committee to get us to a better place than we would have been had we just bandied this about as a group of councillors alone. And I think that really, I think the Sustainability Advisory Committee need to be congratulated for their input into this process. It's felt like it's sort of been fairly cyclical, and we've in some ways ended up back where we've started. But what we've ended up with is a resolution not to reinvent the wheel, not to spend money on yet another consultant's report when that money could actually start being spent on real sustainable change within Council's operations, and that's what we've chosen to do.

It isn't just solar panels; it's community education and reducing usage. In key areas that will give us the best outcome. It's no point trying to plaster the rooftops of the LGA with solar panels when we only need to plaster half the rooftops with solar panels. We need to cut usage before we invest in infrastructure, and we also need to use that infrastructure wisely in the areas where it's going to give us the best bang for the ratepayer's buck. I urge anyone who isn't convinced of the financial benefits of this to have a good read of the Ironbark report. It's taken us quite some time to get that page with the figures and the payback times out, but it's really quite compelling reading. Many of the payback times are quite short, and they're based on current energy prices.

And as we all know, unfortunately, energy prices are beginning to soar. So I think what we've got actually is the worst-case scenario in terms of payback. So I think this is a good, sort of really good option for the Hawkesbury. I was chatting to someone at the City Deals the other night where they were lamenting that Macrock didn't get on board with the LED lighting that Wesroc has. Macrock is now looking into doing it. They've missed the boat, and their street lighting is still costing them a fortune. Because we're an early adopter of that technology, we've saved a substantial amount of money and are well down that path. And I think that shows that now is a good time to be moving on to the next phase.

It also gives us a readily marketable delineation between the Hawkesbury and other LGAs that are dragging the chain on moving forward with climate change mitigation and adaptation. So I think this is a good thing.

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Amanda Kotlash

Thank you, Madam Mayor. I just note in the recommendation that it says the matter be referred to the Environmental Sustainability Advisory Committee. In the initial resolution that we discussed in the item in the last Council meeting, we said that we wanted the Energy Working Group that was part of the Environmental Sustainability Advisory Committee to provide advice on that. So I guess I'd like that changed. The reason being is that the Environmental Sustainability Advisory Committee meets only a couple of times a year, I think three times a year, and we haven't got a committee meeting scheduled with enough time to start these discussions. So if we can just get that changed to the Energy Working Group, if that's all right with Councillor Rasmussen. Mr Owens.

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Barry Calvert

Thank you, Madam Mayor. I've always seen sustainability as one of our top priorities for all local governments, actually, and I was part of WesROC over 10 years ago when the scheme for bringing in the LED lighting was first put forward, and it has been very successful across Western Sydney. What I'm worried about here is that we're not suggesting anywhere that we are actually going to support these recommendations. We're just handing it back to the committee. What I'm wondering is whether we could have another point which says something like, We consider the recommendations of this committee to be a top priority for our council in terms of timing and funding

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Mary Lyons-Buckett

I'll put the motion which has the additional point that Councillor Calvert just read out before. All those in favour? Against? The motion is carried. Our next item is item 49. We have one speaker, Bill.

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Outcome: Carried

71 Resolution

RESOLVED on the motion of Councillor Rasmussen, seconded by Councillor Kotlash.

That the:

1. Information be received and noted.

2. Matter be referred to the Environmental Sustainability Advisory Committee to provide advice on implementation of an approach relating to the provision of solar on nominated Council buildings and facilities.

3. Council consider the recommendations of the Environmental Sustainability Advisory Committee as a top priority in terms of timing and funding.

Item: 049

CP - Submission on State Significant Development Application for Hurlstone Agricultural High School (Hawkesbury) at the Western Sydney University site 2 College Street, Richmond - (95498, 124414)

Directorate:

City Planning

Mr William Sneddon addressed Council speaking for the recommendation.

MOTION:

RESOLVED on the motion of Councillor Rasmussen, seconded by Councillor Zamprogno.

Item documents

Agenda item chapter 6

CP - Submission on State Significant Development Application for

Bill Sneddon

Madam Mayor, Council, I'm speaking regarding the submission for the DA for Hawkesbury Agricultural College to move to the campus of Richmond University grounds, formerly Hawkesbury Agricultural College. I was a mature age student in the first degree year there from 1977 to 1979. I lived on for a year and a half in '77 and '78, and subsequently, newly married, I lived close by in Gibson Street in 1979 while I finished my degree. Having read these submissions, I wish to reinforce several aspects as identified by council staff in the report that I'm also concerned by. Whilst the move to the uni site of Hawkesbury will be ultimately beneficial because of the agricultural lands existing on the site as a good future for the high school, and subsequently the potential to use more of the agricultural lands in their training courses, and then later we're also proposing technology centres in this area, so the addition of this selective high school would nicely dovetail with existing and potential future uses of the area.

The recycling of the old college as a high school in the growing Glenfield area is also a useful thing. However, all of this change is but a symptom of Sydney's growth, and this is also affecting the Hawkesbury, and this is where some of my concerns come in. Concerns regarding the new school in particular: transport of 1,200... Day students are every day, morning and afternoon peak, largely by trains indicated in all this paperwork. Where are the trains and cars going with all of this? At the moment, I don't see that there's capacity for 1,200 students a day with the current train service. Certainly, we're going to have a morning and afternoon peak. The AM and PM traffic peaks will also be considering taking 100 staff and also the balance of students that aren't on the trains are probably going to be travelling by car.

There are also proposed to be five buses to the railway stations carrying students from the trains. I'm wondering about simply about capacity in the area. Whilst Council report does address that, the rather simplistic proposals apparently from the planning people that I've spoken to don't seem to consider the local residents at all. And certainly the main access will be through Londonderry Drive, so the ones coming up Blacktown Road is going to have to be circling through the residential areas around the uni area. Site car parks are also going to be cribbed in part from university. Whilst Council staff appear to consider it viable as reported, I have concerns about not providing the appropriate number of car parks under our normal planning.

Traffic at the university in the Richmond environs and the services is going to be increased. There's no infrastructure extended spend apparently on road or rail indicated in all of this. The effects on the surrounding residents and road networks are questionable in my opinion. I express concerns. I also have some other concerns regarding the very fast-track development proposal method. It's possibly problematic with Council environmental and other responsibilities regarding the site. Site on the university grounds. That's expressed in your staff report as well. Hawkesbury Council staff also expressed concerns regarding welfare and social impacts on and off the site. You have 300 residential high school students on the site.

You have concerns regarding safety and potential increases of crime in the area associated not just with the students but other activities that will be more so. There's other things to be said as well, but that's the main things.

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Bill Sneddon

Go on. Oh, okay. Well, pastoral care of the residential students at the weekends. They're also the social services that they need. I'm concerned about mixing of high school and university students potentially as being problematic, if not well handled. For example, with the age differences and the maturity levels, the uni students have access to alcohol, and I'm also aware anecdotally of drugs and potential other exposures of the welfare affecting high school students. The other thing is, if students at the weekends live on residential, they've got to get up to Richmond for recreation. If there's not good bus and transport, it's a 2K walk to the shops. I, as a mature age student, take students up there in my own personal vehicle. So it's quite a hike. Thank you.

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Bill Sneddon

Yes. Actually, I spoke to my 25-year-old nutrition student this morning about his feelings about what's going on. He's reasonably satisfied with traffic and generally the services, but you are introducing a new and different thing over to the other side with access off the Agnes Banks side—sorry, off the Londonderry Road side. So I just am expressing general concerns and amplifying what's been said by your staff, and I think that's a very realistic assessment of a whole lot of things regarding a new campus there. The other thing is you're taking an existing culture from down at Glenfield, you're grafting it into Hawkesbury, which already has its own student and other cultures, which have changed markedly.

And I was part of the change because I was at a Greek person, and they didn't like us degree people there. And so there's a lot of things that, even though you might think that it's just going to drop this separate entity in, it's going to have to be integrated, and the academic climates for a high school and a university are significantly different.

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Emma-Jane Garrow

Thank you. Sorry, I hadn't finished my question, sorry. Just at your recent visit, did you take note of the lack of parking facilities that were already available to the university

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Bill Sneddon

Yes, yes, yes, and I also dropped a previous daughter regularly into the horticulture section when she was doing a horticulture certificate, and she's also done nutrition. And so I've experienced the peaks going in and out morning and afternoon doing parent pickups of uni students. My 25-year-old self drives from down at Penrith. He's reasonably satisfied where he is, but he does also see the potential for those parking problems. But my concern also is 1,200 people, are they all coming by train, and how are they going to be handled?

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Bill Sneddon

Your staff are being sort of cautious and expressing sort of feelings that I've had. I didn't put into the public comment report, but having gone to some of the open days and considered what's going, and spoken to my 25-year-old and a couple of other people that have been there recently, I think your staff are expressing due caution, but also you have a legal responsibility regarding the other environmental and planning concerns. So I don't wish to be alarmist, but certainly the pastoral and moral care of a new group of high school students, 300 dropped into the area residential, is also of concern. And also you are going to be mixing potentially high school students with uni students, so they're two different, and they're academically different cultures, a school versus university.

So I'm sort of... Exercise the precautionary principle as a scientifically minded person in saying something to you.

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Paul Rasmussen

Thank you, Madam Mayor. Madam Mayor, yeah, and I thank Mr Snedden for again for his quite detailed and forensic look at this whole picture, and that's good that we've got residents and students from this college that takes that sort of level of interest and puts that sort of energy and study into it. So I do appreciate all of that. But at the end of the day, Madam Mayor, I think the bigger picture here is that this is fundamentally, I think, is a good thing for the Hawkesbury. I think these are good schools, in my view. They certainly are conscious, in my understanding of these selective schools. They do a lot for our students, who get there. It is selective, but they do a hell of a lot for them.

But also they do care for them and they do spend time making sure that there's duty of care and kids away from home and so on, and they need to be looked after and minded, and they're growing young adults. So from that point of view, Madam Mayor, I think we're going to have to accept the fact that there are good people involved with this and they will do the right thing by the students. Now , having said all that, what I don't see, and we've just been through, and we may have some more yet, some really, really hot weather and kids like to swim. And I don't know that, I think the last I checked the university filled in its pool. Did indeed. Or pool. So I'm just wondering whether maybe we should add something about, you know, swimming pool, because other than that, I mean, we're going to have to, the impact will then be felt on our swimming pools, which is fine, but then we need to make sure that we can accommodate that and adjust for that, because no doubt they'll have competitions and carnivals and which is fine.

That's great, absolutely great. And a two kilometre walk is great, in my book, if they want to go to Richmond and enjoy themselves in Richmond or wherever. But I just think we just need to take a bit of notice of the fact that we probably will need to make the point that we probably will need some swimming pool facility or similar, or if not, certainly a contribution to an expansion of ours or some other modification, amendment to our particular swimming pools to accommodate these students as well.

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Sarah McMahon

Thank you, Councillor Rasmussen. Councillor Richards. Thank you, Madam Mayor. We had a briefing on this, just so everybody does know, late last year, and the plans that were shown to us were quite significant. They did actually take a lot of our breath away about how amazing this facility and this school is going to be. This is the first high school that's going to be opened in the Hawkesbury in 30 years. It's a $35 million facility, and I think that we need to be very careful in putting a negative tone on this, at the same time still raising the issues that are in the business paper. Can I just have a question, are the councillors going to be privy to the actual letter that gets sent out prior, so that we can appreciate the tone and the content that will be in that letter?

The submission, you mean? Mr Owens, yes. We will get that circulated prior because these things don't normally get circulated prior. So we will. I'd like to maintain that undertaking. I just want to say that, you know, I'm excited by this. I know a lot of people in the Hawkesbury are excited by this. It's an amazing opportunity for our young kids to have a further choice regarding education and to elevate the Hawkesbury's education precinct and provide more learning opportunities in the STEM area. This is something that the Hawkesbury hasn't seen before, and to focus on these issues, these learning aspects, science, technology, engineering and maths, as well as the arts, I think is absolutely fantastic.

I'd like to highlight that this wouldn't be happening if it wasn't for the great work of the New South Wales State Government helping to bring this, the single biggest agricultural education facility, right here to our doorstep. It's going to be the most advanced agricultural high school in Australia, and we have it right here. We should be embracing this and jumping at it. But, of course, like I said, being cautious and definitely taking note of the issues and making sure that along the planning process we are highlighting anything that we have of great concern. But we need this. We are an agricultural LGA. We need this to re-energise our vital agricultural industry, get our youth interested again in agricultural production.

We have a unique opportunity here, so I hope that Council continues to endorse that. Thank you, Councillor Richards. Councillor Zamprogno.

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Nathan Zamprogno

Thank you, Madam Mayor. As an educator, I am exceptionally excited about what this represents for our area. I think it's going to be a real feather in our cap, and my interest, when we look at substantial investments being made in a new piece of infrastructure, is that it's built for the ages. And what we've seen is a very striking architectural design, and I endorse the comments of council staff in ensuring that it does conform as completely as possible to the built environment at which it's being placed. I'm not a fan of utilitarian design. I like to see something that makes a statement, and I think this design really does make a statement. And I think the configuration of this school and its location is the way of the future.

I mean, all you need to do is look at the Nurrumba Education Precinct down at Quakers Hill, and you have that mix of secondary and tertiary education cheek by jowl, mixed in with vocational opportunities, and that kind of blended environment, I think, can be very positive. And it's great to see something like that in our area. What I'd add to that, though, is maybe a concern that I have that we're missing an opportunity here. Most of us... are old enough to remember Hawkesbury Agricultural College, which of course ceased to exist when it was incorporated into the University of Western Sydney. And that brand, I think, had some cachet. People still remember it fondly now. And when you think about what it is that makes a school what it is, what its brand or its ethos is, it has to be tied to a large extent by its place, because the student population is transient and comes and goes, and the staff is transient and they come and go.

So fundamentally, what defines an organisation, a large part of it, I think, is place. And yet we are allowing an organisation to be transplanted into our area and to still maintain the name Hawkesbury Agricultural College when it could be rebranded as Hawkesbury Agricultural College, the resurrection of a very storied and well-regarded brand. And it would give us the opportunity to exert some effort to have this facility, which will be so proud in our area, branded with our name. And I'm wondering whether the mover of the recommendation would be amenable to an extra line item being added that we expend some effort to see if there was some way in which this campus could be labelled with the name Hawkesbury in there somewhere, the Hawkesbury campus of the Halston Agricultural College, if not the Hawkesbury Agricultural College.

Would the mover be amenable to that?

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Mary Lyons-Buckett

Councillor Zamprogno, I'll ask that in a minute, but just to clarify, it's not intended to be called Halston Agricultural College anyway. It has another Ray somebody or something name, Mr Conroy.

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Peter Conroy(staff - General Manager)

That the whole naming thing's been quite contentious, so Halston Agricultural College is going, and the funds are being used to establish a series of other colleges, some in southwest Sydney and one here in northwest Sydney, but they don't have any name in place at the moment or intentions.

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Nathan Zamprogno

That's news to me and I'm now better educated, but I think my central point still stands, and that is that if this is the submission that we're making, maybe our submission should include a desire on our part that the facility be branded in some way that becomes readily identified with the area beyond just the fact that it's in our area.

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Paul Rasmussen

Yes, Madam Mayor. Look, I think that's an admirable suggestion, and certainly would pick up the history of this place and continue it on. Whether the State Government is minded to take that important history on board and give us that kudos, I don't know. Let's hope they might. But I would like to see something like that incorporated into our submission to at least flesh out why it would be significant and why it's important, not just from our point of view, but to continue on that tradition, which is very strong, as Councillor St Brogno said. It has a lot of cachet attached to it, particularly for people who subsequently have settled also in this area as well, but much wider than that, because these students, graduates went all over Australia and did wonderful, wonderful work in all sorts of places. So yeah, I think that's a good idea.

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Mary Lyons-Buckett

Start pick up on... Yes, I'd like to see a form of words, because I wouldn't like to see it suggested to be Hawkesbury Agricultural College, because I think I'd like to see it reflect the Hawkesbury. But I think to try and replicate that name, that as itself was an institution of such power and significance in its time as what it was, I'd be happy for it to be, say, Hawkesbury something. But to say Hawkesbury Agricultural College, in my opinion, would be to cause a confusion perhaps, or to... I think there needs to be some separation from that very, very iconic name, which had many connotations attached and many specific things that made it what it was. But I'm happy to support something that's not specifically that

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Nathan Zamprogno

Madam Mayor, perhaps the best form of words then is that we write to the government. The relevant authority, and express our desire that the facility, in its naming and branding, represent the Hawkesbury in the most powerful way possible.

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Sarah McMahon

Excuse me, Madam Mayor. Yes. I just heard twice either photographs or screenshots being taken behind me by users of an iPad. I would just like them to confirm whether they were taking photographs or whether they were in fact screenshots. Who were you talking about?

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Paul Rasmussen

Madam Mayor, I think that's not a bad suggestion at all. So, in the submission, I guess we can flesh out what we mean, and the points you've made about the name and the importance of keeping that sort of branding or our connection to it, I think that's a good idea.

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Emma-Jane Garrow

Can I also make a suggestion that in doing, in the rebranding of, asking the questions of the rebranding, if the Hawkesbury Agricultural College and a derivative of such was to be considered, that we actually approach the HAC Old Boys Association and get their consent on how they would like the direction to go?

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Barry Calvert

Thank you, Madam Mayor. In a previous life, I had the pleasure of… Working with the then Minister for Education, John Aquilina, in 1998 and '99 to help develop a model for the Nurrimba Education Precinct. In fact, I was the precinct pathways officer for nearly two years to get that model working. That model works very well, and it's actually the proximity of the TAFE and the university that makes it work, because there's the opportunity there for resources to be shared, and resources at Nurrimba are being shared quite well. It took over a year of developing memorandums of understanding, which some of them were quite painful to develop. There were issues such as when the road goes down between the TAFE and the school and it gets a pothole, who pays to fix the pothole?

No, wish, I wish. And things like who pays for the water rates and how much do you pay and all that sort of thing. So I wish them well with all those decisions , and I'm happy to give them benefit of my experience if that's worth anything. But once you get through all those, the model works very well, and it works well in Coffs Harbour as well. And the other thing is that when this Nurrimba was being created, Quakers Hill was pretty much dead. But when the precinct was created, Quakers Hill has developed into quite a thriving little town. And I think the same sort of thing can happen in Richmond if this goes ahead, because People will be going to Richmond to get their services of some description, whether it's the swimming pool or going to the shops or whatever.

So as far as this area is concerned, I think it'll be a fantastic thing for our area, and I fully support what's happening. But like Narimba, some of the biggest problems are with things like the names, and they had about six streets that they had to give names to, and that took nearly 12 months to do that. So I wish them well with all those negotiations.

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Danielle Wheeler

Thank you, Councillor Wheeler. Thanks, Madam Mayor. I actually went to a high school that was co-located with the University of Western Sydney back in the 80s. So Western Sydney has a long tradition of co-location with high schools. So back when Western Sydney was created out of Nepean, Hawkesbury Ag, and I can't remember who else, Macarthur, one of the early Westmead campuses was co-located with two high schools, and it was a fairly easy relationship, and we used all the same transport routes. They got our oval and we got the swimming pool, was the deal. I think this is a very workable arrangement. I think the staff have raised some quite sensible concerns about student welfare, surrounded by residential colleges, that I think both the university and the Department of Education need to address.

There's also concerns about flooding, and evacuation in particular related to flooding, which do need to be addressed, given that this is a selective school and many of the students who come won't come from the area. And that's one of the things that you learn very rapidly when you move to the Hawkesbury from somewhere else, is that living with flooding is a particular mindset, and people who don't live with it often grapple with how that works. I think Mr Stedden has raised some good points about traffic impacts, particularly along Londonderry. Road and also traffic along the approach roads from East Richmond Station and around that rat-run, zigzag, whatever you want to call it, that gets you across to Londonderry Road from the approach roads from Windsor in particular, where, and I presume that some of these students will be coming from the northwest, and so they, and if they're driven, they will come in that way.

And I think that's something that council needs to consider because it is going to have an impact on traffic and residents and pedestrian traffic. And if people are going to walk to the university , how we get them safely to the university beyond what, because we're dealing currently, we've got adults who are making that journey. It's different with some of these kids are going to be 12 and 13, so they're probably a bit more sensible than your average university student, but they're certainly not grown-ups. I think Councillor Rasmussen has raised something, though, that I think we need to look at this in terms of the implications for council, and I think some of them are clear. We're talking about quite a large high school in comparison to some of our other schools, 1,200 students by the time it's fully formed.

That's a lot of kids, and that's a lot of usage of our facilities like pools. So I think we probably need to, I presume that we've looked at whether we have access at the pool for additional, they won't just have carnivals. They'll have, you know, these kids will want to learn to swim. They might be bright and interested in science, but they're still going to get a well-rounded education, and that includes things like swimming lessons. And rather than bus them somewhere else, we should be determining whether they have access at our pools and what the knock-on effects of that are as well. We also don't have a lot of youth facilities in Richmond. So if there's a spillover from these kids hanging around in Richmond after school because they either live here or they're waiting to be picked up or they're looking for something to do, I think we need to start modelling some additional service provision around what we do with these kids once they've finished school and where they go after that.

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Emma-Jane Garrow

Thank you, Councillor Wheeler. Councillor Garrow. I just wanted to voice my concern over to the loss of 142 university parking spaces, knowing that campus there is already limited staff and student parking at the facility at a cost to the workers of, I think last check was $180 a year. Staff are paying to park there and the students are subsidised, but not a great deal less than that. So my concern is that by losing 142 spaces , is this going to affect the university that already, in my view, has a depleted parking availability as it is? Is there any way that we could possibly get the school to have their parking allocation not to deplete that of the university? And in addition to that, there's also community groups that use the facilities, the rugby club, the AusTag club.

There's already not enough parking spaces for those people, our community members that use the space, who I've witnessed rangers parking left, right and centre whilst they are parking in overflow areas on the grass. So can we make sure that that is not going to be— Well

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Mary Lyons-Buckett

To ask that. If you want that included in Councillor Rasmussen's list of inclusions regarding the parking. Just while he's getting some words for that, I think this school will be a huge benefit to this area. I think that it's for so long children who've attended selective schools have had to go to Baulkham Hills or Penrith, and some even travel even further than that. So it will be very good for that opportunity to be something that some children miss out on because they can't cope with the travel or whatever. My one hope is that by having this, that the resources in this school will be shared with our other local high schools, because we also have some very under-resourced local high schools that could do with a good boost and allow children who have a particular interest, particularly in the STEM area, to be able to access the various facilities that there undoubtedly will be a lot of money put into.

And I know firsthand how much more money selective schools have put into them than comprehensive high schools. So I think that whereas it will benefit our region overall, it's very important that we use every mechanism possible to ensure that all the students of the Hawkesbury can have access to some of the things that will go to one particular school. I think I can understand some people may have concerns with the students in the same place as tertiary students. I think that, particularly for the senior students, however, it's a great opportunity to transition into university life because it tends to ensure they have more responsibility and that they, you know, are learning from the environment around them.

I went to a senior school, so I know that there's a lot of obligations put on you to look after yourself a lot more and not be sort of spoon-fed and so on. Thank you to Councillor Zambrano for bringing forward about the name. I do think that's really good. I express not having the identical name, but certainly having something that reflects both our agricultural prominence, but also the fine tradition of that specific area and parcel of land, which was the former Hawkesbury Agricultural College and now the university. I think that overall we're very, very fortunate that it's been decided to put this to enhance the precinct, an educational precinct, in the way that it has, and I really look forward to it coming.

And I'm just sorry that I'm about 50 years too old to be applying to go there because I most certainly would have.

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Mary Lyons-Buckett

Okay. All those in favour? Against, the motion is carried. We have one more item with speaker, that is item 52. We have one speaker, Peter Ryan. Can I just declare my interest, please?

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Official meeting record

Council decision and source documents

Outcome: Carried

72 Resolution

RESOLVED on the motion of Councillor Rasmussen, seconded by Councillor Zamprogno.

That Council:

1. Endorse Council Officers comments that were outlined in the report, and provided to the Department of Planning and Environment for consideration in the assessment of State Significant Development Application SSD 17\_8614 for Hurlstone Agricultural High School (Hawkesbury) at 2 College Street, Richmond.

2. Write to the relevant government authority expressing its strong desire to have the Hawkesbury name and branding incorporated into the proposed new high school.

ORDINARY MEETING

SECTION 4 - Reports of Committees

Minutes:

27 February 2018

Item documents

Agenda item chapter 7

SS - Community Sponsorship Program - 2017/2018 - Round 2 - (96596,

Sarah McMahon

Significant non-pecuniary for two reasons. The applicant number one, the Colo Shire Family History Group, I do have a relative involved in that group. Applicant three, the Hawkesbury Division of Legacy, I am the secretary of the fundraising arm of Legacy who raises money directly for them, so I'll be leaving the room. Okay, thank you.

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Peter Ryan

Thank you for giving me the opportunity to speak tonight in relation to a grant for the running of the ANZAC Day ceremony at Pitt Town. Pitt Town started their ANZAC Day a few years ago. It did happen a good while ago, but it stopped. We had 30 people standing under a borrowed flagpole. Last year, we were overwhelmed by the number of people. The hotel supplies a light breakfast after 448 meals, they stopped serving, they ran out of food. One thing stood out, that was the number of people standing on both sides of the road, even on top of the bus shelter, but there was still traffic moving on the road between them and the ceremony. We put a committee together with the Progress Association, and we came up with three options .

One was to cancel the day. That was really not an option. To move the ceremony to another location, but knowing that this site is where many of the people left to go to war from, and perhaps the last memories they had of their town, this was not an option. To continue on at the location and to develop a safe and respectful service for 2018. That was the option we've gone with. We have developed a traffic management plan for the day and have employed a professional management company to close the roads during the ceremony.

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Peter Ryan

We have had a look into the public liability insurance and we are working on covering that cost. We still have considerable shortfall and are working with the community to raise the funds. If Council were to assist us with the funding of this event, it would lighten the burden on the organising and guarantee a safe and respectful event. The Progress Association over the years has really worked hard to build our community. Developers can put in roads, builders can build houses, but our community builds our community, and that's what we're about. We see ANZAC Day as our best opportunity to bring our community together. After last year, we've proven this beyond any doubt. We also have another initiative, Clean Up Australia Day on Sunday, this next weekend.

A lot of hard work's gone into that, and I've got to commend a couple of chaps over there that have really pushed that too. I feel ANZAC Day celebration is a tremendous community event. To have it put in jeopardy would be like to tear the heart out of our town. We don't need that to happen. So we've put it through the Progress Association. It is now part of our association, so it's audited as an incorporated, as part of our incorporated body. And look, thank you very much for listening to me. Brief. That's what we're about.

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Danielle Wheeler

Thanks, Madam Mayor. Mr Rana, I wanted to ask you about your Clean Up Australia Day activities, and I know that Pitt Town now has a fine reputation, thanks to a couple of your residents for cleaning up after the Grubbia visitors. I'm sure none of them live there. And we've come out and had a look at some of the problem sites at Pitt Town and spoken to a couple of your volunteers who do this work. How can we help on Clean Up Australia Day?

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Peter Ryan

Well, we have conversed with your staff, but it's probably an ongoing thing. We've got people who do clean our streets every week. We're finding that between Linwood Golf Course and Pitt Town, we've got a chap that does that twice a week. But we're finding now that he's been targeted by people throwing bottles at him and rubbish. So, yeah, I find that beyond , that's just bloody rude. And I think we could get our council ordinance staff out there to do some sort of targeted way of catching these people. We don't want them spoken to. We don't want them anything else, but target them, catch them, fine them, and get them the hell out of our community, because we don't accept that. We really don't.

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Peter Reynolds

Yeah, thanks, Madam Mayor, and thanks, Mr Ryan. The site of the ANZAC Memorial in Pitt Town, I was on the traffic committee and we dealt with the traffic management plan. The question was raised about there already being an existing ANZAC Memorial down near Brinsley Park, and the question was why the ceremony was being held up near the hotel. And I was just wondering if you could explain that, given that I think this week... They're doing the centenary of ANZAC soil collection and getting soil from ANZAC memorials around the state, maybe even the country, for taking them to Sydney. I know they're taking soil from the Windsor Memorial up here on the corner. So I was just wondering if you could explain to Council why you're holding the ceremony in this particular spot and not down where some people believe the memorial actually has been.

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Peter Ryan

That memorial was actually donated by Mrs Brown. Her nephew was killed, I think, in the Second World War, and specifically just for him, in his memory, and that was the only memorial we ever had. But why we hold it where it is, I know my father spoke on it, and many of the men I know from the Second World War and a few from the First World War, that is where they made their decisions. Pitt Town was just a small little farming community, and we've done a bit of history. I've spoken to a few people recently, and I've put a fair bit together, names and that, but that is their last memories. That's where they left from. They didn't leave from down around in Wellesley Street. They left from there.

When there was no work, they'd play cricket there. They'd do all those sort of things in the middle of our town. That was the heart of their town. And I know my dad said, I only went to war for Pitt Town. Didn't go for any other reason. I can look after Pitt Town; the rest of the place can look after itself. So that is why we have it. It is the heart of our town. It is where they left, and many of those blokes that didn't come back, that was their last memories.

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Mary Lyons-Buckett

Thank you. That was our only speaker on that item. Moved. Councillor Rasmussen. Seconded, Councillor Reynolds. Let's use our microphones and get things on tape. Thank you, Councillor Conolly.

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Patrick Conolly

Just a question, Madam Mayor. Is there—are there plans in future years, or has it been considered, to separate out the longstanding committed sponsorships from the community sponsorship program in the budget?

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Patrick Conolly

And on page 186, when it talks about the increases in funding that will be allowed for if the SRV is successful, so we're talking about increasing the total of 75 by 15,000 to 90 in the first year. Is that correct?

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Danielle Wheeler

Just a few questions, I suppose. Do we ever refuse anyone's—I mean, we're now looking up, we've got this claim on our coffers, and it seems that the staff's intention is that we adjust the budget to pay that. And I guess that gets around the idea of us having somehow to grade the applications that we have in front of us to choose. I mean, that's what happens to Council if we apply for a grant. You know, things are ranked based on some sort of matrix, you would assume. And I know Mr Stewart has been working up a sponsorship matrix and tightening up our arrangements with groups that we sponsor so that Council gets— At least some recognition out of that sponsorship. But these are by and large much smaller scale sponsorship. Do we ever knock anyone back? Do we rank people? Do we ever say no?

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Mary Lyons-Buckett

Can I just add something to your question too before it's answered? I just was wondering if there was a resolution to give a specific amount to the sporting and representative people, as well as Councillor Wheeler's question, if that could be answered. Mr Litwin,

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Joseph Litwin(staff - Director, Community Partnerships)

Thank you. Thank you, Madam Mayor. The funding provided is for all categories, so there's no specific allocation between the different categories. Council staff assess the applications based on the criteria. Where a criteria is not met, then Council staff would ordinarily bring that to Council's attention and not to recommend it for funding, but ultimately it's Council's determination. And I forgot the other part of the question, sorry.

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Mary Lyons-Buckett

It was my bit just about, I seemed to recall there was a resolution at some stage to give a specific amount to sporting people or like these people who are doing the, you know, representing powerlifting or representing—I'm just wondering, is that a specific 150 or is that something...? Sorry

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Joseph Litwin(staff - Director, Community Partnerships)

Yes. For many years it was $100, and then I think it may have been a larger amount for a group, so it was increased recently, yes, and that's the specific amount.

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Joseph Litwin(staff - Director, Community Partnerships)

Thank you, Madam Mayor. No. The longstanding policy is we don't charge childcare centres rent, but we are reviewing that as part of the Fit for the Future.

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Patrick Conolly

So I know one of the strategies was that we're going to start charging them a proportion of our Depreciation charge. Has that commenced yet, or when is that scheduled to commence?

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Joseph Litwin(staff - Director, Community Partnerships)

That hasn't commenced. We're just finalising a draft licence agreement to brief Council before we then advise the childcare centres of how we're proceeding. Okay.

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Patrick Conolly

You don't want to be a monster and not air condition the childcare centre in South Windsor, but just in future, maybe when we're reviewing the eligibility criteria, you know, if we're already giving an organisation free rent in our building, do we also have to fit it out for them? I would be questioning the logic behind that.

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Danielle Wheeler

Along the same lines as Councillor Connelly, I don't really understand why we're funding plant out of this fund. That doesn't seem logical to me, unless it doesn't fit somewhere else, in which case maybe it needs to fit somewhere else. I'm also wondering how we advertise applications or outcomes of that funding, and do people know that they're eligible for an amount of funding from Council because someone happens to tell them, or is this something that we actually actively promote within the community? Mr Litwin. Thank you, Madam Mayor.

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Joseph Litwin(staff - Director, Community Partnerships)

We advertise, I think, in our Council notices, and we also distribute an email to the people on our networks advising them that the round is open and we'll accept applications.

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Danielle Wheeler

Thank you. And so how will we, given that we've come staggering into the digital age, is there plans then to promote this round of funding using our digital platform once we've determined this application? Mr Litwin.

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Danielle Wheeler

Thank you. I'm supportive of the recommendation. I think it's problematic that we don't have enough money to meet the— The expectations of the community around sponsorship, and I think we need to address that, and hopefully we can comfortably address that in the future rather than getting to this point where we feel like we're being squeezed, I suppose. So clearly we have a shortfall between our coffers and the community expectation, which we are hoping to address with the SRV. I want to thank Mr Ryan for coming to address us about Pitt Town's Anzac Day commemoration . I'm the daughter of a World War II veteran. Anzac Day, I find Anzac Day a tough day, but I also really appreciate that it's events like that in appropriate places like Pitt Town are using that really build community.

And I think Pitt Town is to be congratulated for managing the transition between the old Pitt Town and the new Pitt Town. And I think it's an event like this that seeks to involve the new members of the community with the history of what Pitt Town was and what Pitt Town has become. I think that's a really admirable method, and I'm really pleased that staff have put forward a mechanism for us to do that. I think it's very worthy, and I think it's likely to be the sort of community-building activity that Anzac Day should be, rather than a recruiting drive or a piss-up or a gambling event. Now, I've marched in a lot of Anzac Days, and sometimes they lose their way. And I think what Pitt Town is achieving through this Anzac Day is really admirable, and so I'm pleased we can support it.

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Mary Lyons-Buckett

Thank you, Councillor Wheeler. Further discussion? I'd like to echo Councillor Wheeler. She put that very well regarding the community building aspect of it, and of course our respect for— sorry, Councillor Ross, I'll get to you in a minute— and a community building and respectful event. I think that with this money, from discussions with the Pitt Town Group too, they will purchase things that can be ongoing to allow them to have their event on an annual basis. So it's a very productive investment in our community, I think, on that basis. And I too would like to thank Mr Ryan for coming in and addressing us on that tonight too. Sorry, Councillor Ross, I didn't see your light on. It's not on. Do you wish to put it on? Yes. Thank you. Thank you, Mayor .

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John Ross

I had attended that service, I think on certainly one prior and possibly two prior occasions. I have a bit of a foggy memory. The crowd— the attendance last year was frankly remarkable. It was probably almost double the year before. And I felt it was

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John Ross

A great event, attended by serving personnel too, quite a few from the Blue Water Services, which was rather interesting. Even though it's adjacent to the river, but despite that element, it was quite good. I'm totally in support of the council being able to support the local community out there with this, and it was really a, it was an organic movement that started it, some ex-servicemen who felt it was warranted, one of whom I know, and all power to the people of Pitt Town for being able to come together in that way and to promote their wonderful ceremony before the council. I thank them for that very much. I'd also like to express the concern of Councillors Wheeler and possibly Conolly in regard to the Green Hills Child Care Centre.

I don't think it's an appropriate designation of that $3,000 recommendation to be described as, if you like, a gift or benevolence. It's really an addition to the council's capital investment in the property, and I would hope that we might be able to rejig it in a correct fashion, and as Councillor Conolly was intimating. If we come to the point of seeking some

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John Ross

Benefit from these groups who are using council assets, even to help defray the relatively small amounts of depreciation involved, I think that that would be appropriate in this instance. Thank you.

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Mary Lyons-Buckett

I'll put the motion. All those in favour? Against? The motion is carried . I don't think he's here, but did Mr Ridgewell turn up? No. We might just have a short five-minute break or so, five to ten-minute break, and we'll be back and we'll resume the...

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Official meeting record

Council decision and source documents

Outcome: Carried

75 Resolution

RESOLVED on the motion of Councillor Rasmussen, seconded by Councillor Reynolds.

That Council:

1. Approve payments of Section 356 Financial Assistance to the organisations and individuals listed, and at the level recommended in Table 1 of this report.

2. Approve the execution of Council's standard Sponsorship Agreement for the applications 1, 8, 12, 13 and 16 identified in Table 1 of this report.

3. Approve the allocation of an additional amount of $10,562 for the 2017/2018 Community Sponsorship Program and for these funds to be covered through a budget variation in the March 2018 Quarterly Budget Review.

4. Authorise staff to advise applicants that any further applications under the Community Sponsorship Program for 2017/2018 will be carried forward for determination under Round 1 of the 2018/2019 Program following the adoption of the 2018/2019 Operational Plan.

The meeting was adjourned at 9:26pm.

The meeting resumed at 9:37pm.

Item documents

Agenda item chapter 8

MM1 - Sydney West Planning Panel Appointment

Mary Lyons-Buckett

Reasonably self-explanatory, I think. It just seeks to replace me on the Sydney West Planning Panel with the General Manager because the reason this is is I inherited this position; it always was the General Manager, and in the last council it was changed from the General Manager to the Mayor, Councillor Ford, at the time. I'm not really of the mind that it's advantageous to have a mayor on those committees; that's a personal opinion. But due to the nature of several items coming forward, for example a number of planning proposals, which unlike the one we examined tonight, they are ones that fall within the gambit of what our previous resolution was to not accept them and so on, and therefore there is some sort of conflict that I felt really more a perceived bias.

I don't necessarily believe there was an actual conflict, but it's not good when there's a perception of any form of bias. And by my participation, I believe that it was better to opt out of some of the panel content. So this really seeks to reinstate what was the original resolution of Hawkesbury Council, which was to have the General Manager in place of the Mayor, and the second part of the point is to authorise the General Manager to nominate an appropriate alternate member of the panel if necessary. There are a number of people on the panel, and therefore if he's not available, or if our Director of Planning is not available, the General Manager has the delegation to appoint one of those other members to take that place.

Discussion, Councillor Conolly.

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Matt Owens

Thank you, Madam Mayor. It does get a copy of all council reports and things, but it's asked by the Department of Planning because it then becomes an application of the Department of Planning for a review. So they're answering a request from the Department of Planning. And

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Matt Owens

Thank you, Madam Mayor. Council has, after 90 days, if council hasn't made a decision on whether to support or not support the proposal, they can go to the department and request a review.

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Matt Owens

I withdrew from that as well because I'd had something to do with it. But I have read it, and I think they've forwarded it to the gateway for review with quite a number of comments about

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Patrick Conolly

What's required. So I note that it's not specifically 100% onto this matter, but my question would therefore be, Madam Mayor, is our— Resolution that paper thin, that all an applicant has to do is wait 90 days and go around us

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Patrick Conolly

I guess the concern would be that surely we as a council should be trying to make a decision per the law, as the planning panel is making a decision per the law. So how do the decisions end up being different, is my question.

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Mary Lyons-Buckett

Are you saying why, if people are waiting 90 days, they can simply go to the planning, they can apply for a review? There's a number of, maybe it's easier to say, there's a number of avenues that allow them to have a review through the planning panel, for example a refusal or a failure to arrive at a decision. Is that correct? I'm saying this, you should do that, sorry. That's correct,

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Patrick Conolly

Thank you, Councillor Rasmussen. My question is, isn't there something wrong with a system where we wouldn't even consider an application, but because it's being assessed by another body, it actually gets approved and sent to the gateway? Surely there's something inconsistent, something wrong with the system that allows that, and we should be taking note of that.

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Matt Owens

Owens. If I could comment, the Act specifies timeframes for council to do things like, with a DA it has timeframes and after that timeframe the applicant has a right to go to court to ask that. With a planning proposal a couple of years ago they introduced a similar right to go to the department to request a review. That's just been recently changed and tightened up a little bit so that that review must be the same application that was put to council, because people would put something to council and then change it and put it to the Department of Planning. So now— Sorry. If an application goes to the—

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Matt Owens

So I'll just be— Just finish explaining the process. When an application goes to the Department of Planning, they ask Council if it's the same application that was submitted to Council.

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Patrick Conolly

I guess the point of relevance, if I can answer that, Madam Mayor, is that in the Mayoral Minute we're talking about the nature of the item as being brought before the panel and the necessity to withdraw due to perceived bias. And I'm just exploring how that comes about because one would assume that if you put an application to Council as the decision-making body or to a planning panel, you should—I mean, and there'll always be differences of opinion about the law—but in general terms, you should be getting the same answer rather than completely different ones.

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Mary Lyons-Buckett

I think that you're reading it far too narrowly. I just gave that as an example of why I might have a perceived bias. The fact is that with the issues that come in, most of them are something we have a Council policy on. Whether it be, you know, there's only been really a couple of things I can think of where any councillor in here wouldn't have what could be perceived as a bias, because most of us will have dealt with either that matter itself, in which case I have withdrawn because we had, for example, a planning proposal we had refused, and then therefore— I think there's a perceived bias. If I've taken a position, I don't go back. So that saying about the mayoral minute is merely one avenue, and there's been one of those.

And Mr Owen said there was one a year and a half ago, but I wasn't on it then, I don't think. Oh, that was the one that had been refused here. So I think you're reading too narrowly into what I mean. A perceived bias, I would imagine, would arise for any councillor on a planning panel because we take decisions and we make policies that are then applied.

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Patrick Conolly

That is sort of the crux of my question. I'm using the Kurmond Carrington as an example, rather than saying that's the only point. My question is, is the planning panel, I guess if I can summarise what's being said here, is that a councillor would have a conflict of interest, or a perceived conflict of interest. I understand they would if they've dealt with that particular proposal before, definitely.

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Patrick Conolly

If they've just dealt with setting the policy settings, how is it any different for that councillor to sit on a council and make a decision versus sitting on a panel and making the decision if the decision is being assessed under the exact same laws and policies?

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Mary Lyons-Buckett

Well, it's a fine line, and I'm speaking about perceived bias. I don't believe that I've ever withdrawn on the basis of actually having a conflict. It's about the perception because people have taken that alternative avenue. And I believe in the last council, when Councillor Ford was on some of those, that was raised in the community that, for example, on decisions regarding various developments and so on, that then that person is still on that panel. I mean, to me it's an anomaly in the system that you would have that, unless you were, you know, trying to combat it by having the alternate point of view, which you never would have because you don't know which item it is. But I see your point.

I don't necessarily think it's a good system. But all I'm saying is that rather than have these issues come up and then I analyse, do I have a, could there be a perception of bias? There often is, and therefore I've taken the approach that I believe it's better to have the general manager, who is much more neutral than I am, and than any councillor is, to be on our panel, which was the original position here. Mr Conroy.

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Peter Conroy(staff - General Manager)

It's a question that's discussed a lot, and essentially, I suppose the clearest answer that I've heard relates to the role that councillors want to take. If you're on the panel, then you're obliged to have an open mind and say nothing until you've actually got the application in front of you. That's particularly the case with a development application. But again, if you start, you know, thought bubbling and speaking out before the matters before the panel, then you do start compromising your ability to participate. And there are some councillors who want to advocate on behalf of the community, and so they don't want to be bound by those conventions. And I think they're the two roles that council has available to it, whether it wants to be on the panel, sort of distant and independent up until the decision is taken, or whether it wants to be able to advocate and participate at earlier stages on behalf of the community.

Thanks, Madam. Can I discuss now

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Patrick Conolly

I'll finish my question. Yes. Thank you, Madam Mayor. I guess I'll support the recommendation because I don't have a problem with the idea of the general manager being on the panel instead of the mayor. I guess the point of my questions and the point that comes, the conclusion that sort of comes to me is that what the general manager has just said, I believe, is quite correct. If you're on the panel, you have to have an open mind. You can only make a decision once you've got the information. But I don't see that as being any different to council. We all have that obligation on this council. So I don't actually see that being a difference, and I don't understand how having to make a decision following the law rather than— Rather than something else, you might make the decision based on results in a conflict of interest for anybody, because we should be doing that as it is.

And I think it's important to take note for the Council that the policies of this Council do not stand up, obviously, as a result of that application. So far, it would seem do not stand up when being assessed by professionals following the law.

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Mary Lyons-Buckett

I just think, just to clarify that, Councillor Conolly, for example, one of the times that I had to withdraw was because we had examined it in here and I'd voted against it. But that's most of the time. That's what I mean by that's really a direct conflict. But also there could be a perceived one because we may have done something very similar and so on. It's just a matter of fairness, and I think it's more transparent and more open if there are other people doing it. Councillor Zamprogno.

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Nathan Zamprogno

Thank you, Madam Mayor. I've voiced my misgivings about planning panels before, and I suppose what I'm going to say addresses this question of consistency. I think that democracy has been so diminished by having these questions taken out of our hands and given to planning panels. I was at least pleased that there could be some representation from the elected body on a planning panel. Now, the planning panels are not composed in such a way as that's mandatory. We can choose that mix of an elected representative and then make up the balance with staff as we please. And I suppose if we have the ability to have a member from the elected body convey, in some sense, the flavour of the sentiment of the chamber and of the community and feed that into the deliberative process, that's an entirely appropriate thing to do and does not of itself create.

An apprehension of bias. I think it's an important feature of the mix of the deliberation of that panel when it sits on any matter.

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Nathan Zamprogno

Now, maybe the thing that makes you feel, Madam Mayor, that you're in this invidious position too often to be able to persist in that role is some structural flaw in the system that puts you into that bind far too often. But I think my philosophy on this is a little different, and I would read it differently. The general manager says, well, look, maybe a councillor wants to advocate on behalf of their community and not be bound by the discipline of sitting on the panel, whereas I think any councillor would prefer, if they had the choice, of having a seat at that table and being one of the decision-making people that can influence the decision. My last point relates to, you know, the potential perception of conflict that council staff may themselves have, and I cite as my example the recent decision that a planning panel made, unanimously I might say, on the question of the Avina Caravan Park expansion in Vineyard.

Now, council staff were required to write a report, and the council staff's report was to recommend that, and yet the panel, which included Mr Rowlands, voted unanimously against that. So on that particular occasion, Mr Rowlands felt that he didn't have to recuse himself. He didn't feel that there was a potential conflict between the fact that his own department wrote the report and yet he made a decision that was contrary to that report. And I was very pleased that he did because I supported the outcome that the planning panel made on that occasion. So I think. What we have here is a situation where it sounds a little inconsistent.

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Barry Calvert

Yeah, thanks, Madam Mayor. Just the IHAPs and the planning panel, it's all sort of in a state of flux at the moment. I'm assuming that the staff are planning to give us a briefing session as soon as possible on this matter. Well

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Mary Lyons-Buckett

That's, and also that's why I earlier foreshadowed to raise something because I not only a briefing on the actual process of the panels and how they will all operate, of course, which we have no detail ourselves on at all, even though it starts tomorrow. Unusual policy to not have given any.

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Mary Lyons-Buckett

But the thing is that I foreshadowed that we need to understand as councillors individually and as a council body what input we can have into the IHAP and into the planning panel. And I know Councillor Zambrano has raised this before. How do we take our majority thought on a specific proposal? In fact, how do we even know what's beforehand? So we need some form of list and some sort of notification so that we know what's being considered by an IHAP, and then how does that actually allow us to input and to advocate, as Councillor Zambrano was just saying, to get our point of view across. Part of the thing is, of course, having our planning documents in a state that clearly and concisely enables anyone doing an assessment to actually refer to them.

But the other part is what sort of input and how does that take place from the elected body, even though we're not technically making the decision? There has never been anything to say that we can't have an input. So obviously that would be one factor that a panel would have to consider. So I'm keen for that to be brought forward into actually outlining and making very clear how that would actually take place. And that would perhaps overcome some of the problems that you've raised previously. Further

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Sarah McMahon

Discussion? Councillor Richards. Thank you, Madam Mayor. Just a couple of questions. I'm actually supporting the recommendation for the General Manager to be replacing you on the panel. I just wonder how you can differentiate between any perceived bias in deciding a matter on the same merits in the chamber as compared to a matter on its merits on a panel, and why you feel there would be a perceived bias in that circumstance, or why you feel uncomfortable or not willing to participate in that circumstance.

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Mary Lyons-Buckett

Well, it's not that I feel uncomfortable or anything like that. The perceived bias that I withdrew from recently I would have if it were in the chamber because I knew somebody. So obviously I would have withdrawn here anyway. The other occasions when I've had to withdraw, and having to withdraw means that there's less people on the panel making the decision and putting things forward. As I stated before to Councillor Conolly, there's been a number of things come for review. For example, a Pitt Town issue, a proposal in Windsor. They've been through this chamber. So obviously then I can't, I mean I could go, but it's going to be fairly, you know, it would be fairly obvious what I would say, and therefore that.

Is it necessarily, you know, somebody can submit that that is actually a conflict of interest to be doing that because they've called for a review to be done on a merits assessment and the technical people on the panel are doing that. So it's more about transparency and not giving rise to people in the community that I am in here pushing something that I believe in specifically. You know, if people said, well, you know, continue and go and do it, I'd happily do that, but I just think this is a more transparent way to do it. It was the way it was always done here, and the change occurred because the previous general manager stepped down and therefore the mayor stepped in, so it wasn't even something that was a big thing .

It was simply, and it just translated over when I did it. So I just think this is a better result for our council, but I'm also very keen to establish the exact mechanism of how we input into these panels in the future.

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Mary Lyons-Buckett

And a couple, the one Councillor Zambrano referred to, it was an application we'd never seen. It wasn't anything that was an issue. I just thought it was a better idea, having, you know, knowing that we're going into the IHAPs as well, that there's going to be various panels making various decisions. I was also mindful that we would have to address how we are going to deal with our lack of decision-making. So that means we've got either council staff doing the decisions, the IHAP, or the planning panel. So for consistency, once the IHAP looks like it is coming in, I thought it was better to change this over so that we can then work as a body to inform either through our strategies and policies or through any form of submission that we make on any particular application that we do that.

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Sarah McMahon

I just wanted to end with, I mean, as a supporter of IHAPs and as a supporter of planning professionals deciding planning matters in a chamber or in a council, any council across the state, where inconsistency to planning documents applies, I mean, that's why I'm supporting this, because I do believe that the appointment, the exchange from the mayor to the general manager as a planning professional is definitely something that should be in place on this panel so that we have that complete openness, transparency, accountability, whatever you want to call it, professionalism, and that there is no possibility of those perceived biases, as you've said, arising. So that's why I'll be supporting the mayoral minute. And

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Mary Lyons-Buckett

Thank you for raising that, Councillor Richards, about the IHAPs too, because of course on the IHAPs, councillors or mayors are not allowed to sit on them, either in their own local government area or for another area. So I think there should be a consistency that they don't sit on any of the panels, because technically they're very similar but they're different. I think it is openness and transparency which it's about,

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Danielle Wheeler

Thanks, Madam Mayor. I initially held Councillor Zamprogno's thoughts that having the mayor on the panel allowed us some form of local knowledge and some level of accountability with an elected person being on. What we're hearing from the mayor is that that isn't how this is working out, and I think the mayor needs to be applauded for coming forward with this. This perceived problem. And that's the trouble with perception of bias. It isn't necessarily that the Mayor has a bias. It isn't that anyone has a bias. It's the public's perception of that bias, and that's a very transient, difficult thing. You know, I think unless a Mayor would hold on to this position as a form of control or prestige .

And what we're hearing is a Mayor who's making a decision in the best interests of the LGA. My only concern is a lack of local knowledge when we lose the Mayor from the planning panel. But I think better the general manager than no representation, which is what is resulting. We're not having anyone representing that area, particularly if the Director of Planning has to step off the panel as well. So I think this is probably the most sensible way forward. And I think we need to acknowledge that some of the matters that come before planning panels are already contentious. The reason that they've been called to a planning panel is that they can be dissatisfied with the Council's decision, or they're dissatisfied with the time that Council has taken.

So they're already potentially contentious for councils. I think this is a far more sensible way forward. I disagree with Councillor Richards' point, though, that IHAPs are more transparent and accountable. I think they would have to be the very opposite of transparent and accountable. And I think it's quite reasonable to state that planning professionals are only human, and just like councillors and mayors, they can also have biases within them.

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Mary Lyons-Buckett

Thank you, Councillor Wheeler. Further discussion? Right of reply. Oh, me. Not necessary. I'll put the motion. All those in favour? Against? The motion is carried. Mayoral Minute 2. Again, this is fairly straightforward.

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Outcome: Carried

Item documents

Agenda item chapter 9

MM2 - Truck and Trailer Parking

Mary Lyons-Buckett

This is a mayoral minute, which is calling for a report just to investigate something which I've seen coming up. It's been mentioned to me by other people, but I have actually noticed it myself. And I hope that the investigation would give us various a way forward. I'm sure people have noticed just in various places around the Hawkesbury that people take off their prime mover, not front end loader, as I called it the other day, it's a prime mover, and they take the trailer and they leave the trailer parked. So, for example, and I understand the need to do this in various situations. There are obviously times when this has to happen. For example, the big trucks going to a local supermarket, they come in and they're a great big B-double, and they go to Ham Common and reverse in around that car park.

Now, bearing in mind that car park has a shared pathway that's on this side and then crosses the pathway where children are on their bikes and their walking, people are walking with their dogs and their animals, and they take off the back end and they take the front bit of the truck into the supermarket, and then they come back and they swap it over and they take the back end in. Now, obviously, that is because they can't get a big double truck through the roundabouts in Richmond, etc. So there's a logistical reason for it. However, I think that we have to—and the other place, and there's often, the other day I went past there and there was five of them in there, five different trailers in there.

And my concern in that specific location is that there is a danger to children and to pedestrians, and also takes up a lot of the car spacing and so on. It is a place that's suitable for turning around, so maybe it can be modified so it's safe. I mean, I don't really care if they're there, but it's the safety issue of that. So this is just a call to report and investigate if there's some sort of alternative or some sort of mechanism where we can ensure the safety. I don't know if there's a piece of, I don't know, somewhere where they could all go or something that could happen, but it's just simply to call and see if there is something better. The other area was on last week, one morning I was driving through and there was a truck connecting its back bit outside Colo High School near the gravel pit at the same time that the children were all walking into school.

So I just have real fears of the safety of this sort of thing and calling for a report to be done to just see if there's any alternatives. Discussion? Councillor Zamprogno.

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Nathan Zamprogno

On Pitt Town Road, for example, that I traverse regularly between McGraths Hill and, say, Glebe Road as you’re coming into Pitt Town, there are people that regularly use those spaces on the road verge and the common spaces between the road and the fences of houses to plant multiple second-hand cars for sale. And I believe that they represent not only a visual hazard, a visual pollution, but also a hazard. I mean, if we’re prepared to fine people in Bilpin for having a sign advertising their business that’s weighed down with a sack of concrete or something like that because of the hazard that it represents, a filthy great big car parked semi-permanently on the side of the road with a for sale sign on it.

This happened recently. A gentleman had obviously taken the opportunity to spread five different cars along Pitt Town Road. I called him up, I gave him a serve, I told him he should move the cars. I came back and I asked council staff and was surprised and chastened to find that there was actually no law against it and that that was just fine. If we’re going to be taking some action in investigating whether vehicles parked on the side of road, trucks in this case, I’d encourage council to look more broadly at whether selling cars on the side of the road should be looked at at the same time. I have no objection to an individual flogging a car on their own verge. I think we’re liberal enough to permit that.

But the idea of our verges being used for, you know, crass commercial purposes like that, which represent a hazard and a visual pollution, should be constrained.

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Matt Owens

If a vehicle is parked legally, that’s acceptable. But there are times where multiple vehicles... Might be parked legally, but they're up for sale, and then we can take action about that as well. But we'd have to put no parking signs and that sort of thing up.

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Barry Calvert

Thanks, Madam Mayor. I just appreciate what you're saying about the safety issues. I just wanted to make sure that we don't blame the truck drivers for this. No. And they're just conducting their business, and they need a place to do this. And it is actually safer for them to divide the truck in half, as you said. So I'm hoping the report doesn't have that kind of approach to it. No

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Mary Lyons-Buckett

Well, that's certainly not the intention, because obviously, and I understand, I believe some of the people that leave them there are people who live maybe in a residential area, and they leave the truck somewhere so it's quieter and easier to go to their house. But I mean, that's fine. It really is a safety-based issue. Councillor Reynolds.

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Peter Reynolds

Yes, Madam Mayor. It's not exactly to do with trucks and trailers, but it's on a similar theme. At the moment, there's work carrying on in Macquarie Street, and the contractors are leaving their heavy machinery in parking places in, for example, Fitzgerald Street and down along the Terrace and in Baker Street, in areas where there's only one-hour parking, and these things are parked there, you know, like all over the weekend and times during the week. I was wondering, are they subject to normal parking laws, or are they exempt? Maybe a question maybe for Mr. Rowans.

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Jeff Organ

Just probably add a bit to that. There's been two contracts going. There's the RMS work on Macquarie Street. Unfortunately, at the same time, Council was doing some work in Baker Street and further in the rest of town. There was one of the council contractors left his gear in Baker Street. That was relocated, and I think the RMS have now relocated their gear elsewhere as well, where they were parking in Baker Street on the Macquarie Street side. It's my understanding that they're exempt simply because they're engaged in road making, but I can probably get the comment back on that.

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Emma-Jane Garrow

In relation to the one in Baker Street, that was there for over a week post completion of the project. We're not a storage yard for Bunnings Pave. Surely we need something implemented to accommodate that. Once their works have been completed, why are their trucks being left on public parking spaces that our community can't use, which is detrimental to our businesses, because they don't bother taking them back to their own yards and wait for the next project to come up.

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Jeff Organ

Through you, Madam Mayor, as soon as you raised that and identified, I misunderstood that there was still RMS that were parking in Baker Street. As soon as I was aware of that, we asked Bunnings Pave to move, and they did that within a couple of hours. So it was, yeah, a misunderstanding from my part. On the original request, but certainly we keep on to the contractors and get them to relocate as soon as possible from our perspective.

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Jeff Organ

I didn't check whether it's in their contract, but we have a fairly good relationship and certainly it's just a matter of keeping on to them and making sure that the particular schedulers have got them moved on. Obviously, they try to minimise the number of floats they do, particularly when they're doing further work for Council. But we can certainly make sure that that's in future contracts with them.

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Danielle Wheeler

Thanks, Madam Mayor. I think the key issue here is safety, and that's the problem with the Clarendon parking spot and that shared pathway. And one of the issues with that shared pathway is that it isn't marked, so that there's a very large entrance to that car park. There's a lot of young children, and we've set that place up as a place that people bring their kids deliberately to exercise, to run around. There's a playground there. There's all the exercise equipment lined up. There's a lot of people with young children on bikes who get significantly ahead of their parents, or there's people with dogs, and I don't think that they're aware, actually, that that's become a large truck parking area.

And as much as I would prefer not to have B-doubles trying to get around Richmond, this might be easy, and it might mean that the drivers don't have to take any sort of detour. It's really not what that car park has been designed for, and I think we need to act before something goes wrong, because when it goes wrong, it's going to go spectacularly wrong. So I think we need to look at a number of strategies. Firstly, putting some sort of designated trailer parking somewhere else, but also I think we need to mark that entrance to the car park at Clarendon much better than we have,

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John Ross

I'm wondering if we could not , staff please, could contact the particular retail organisation, possibly speak to their logistics people or however they describe them, because it's my understanding that those larger concerns have contracts with freight companies, transport companies, and that those trailers could well belong to one of those major transport groups.

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John Ross

That's that side of it. Now, the other side, the other element germane to all of this is that I was in Hannabus Place off Groves Avenue today, and there was a refrigerated trailer unit parked in the street alongside the kerb. Is that a permissible parking area for a non-powered trailer

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Matt Owens

Thank you, Madam Mayor. In an industrial area, trucks can park. In residential areas, trucks over a certain size shouldn't be parked on the street. But I'd have to look at the exact location.

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Mary Lyons-Buckett

Thank you. Further discussion? No further discussion. I don't need a right of reply. I'll put the motion. All those in favour? Against? The motion is carried. Mayoral Minute 3, another one about trucks. This is regarding just to have these specific things incorporated into the current…

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Outcome: Carried

57 Resolution

RESOLVED on the motion of Councillor Lyons-Buckett.

That Council investigate and report back on issues associated with heavy vehicles and truck and trailer parking including road rules, safety, amenity and commercial and operational needs of transport operators.

Item documents

Agenda item chapter 10

MM3 - Heavy Vehicle Movement Increase in the Hawkesbury LGA

Mary Lyons-Buckett

Traffic study which is taking place. I've had a number of representations from people, particularly along Kirmond Road and Freeman's Reach Road, people who have—thank you—people who are hearing a lot of heavy vehicle noise in the early hours of this morning, a lot of exhaust braking and so on. So the concern is not only the noise, and somebody actually said to me they believe that the trucks go that way because there've been even more complaints from the residential areas in Richmond and so on of the trucks exhaust braking through the night. So, but more concern is the impact that heavy vehicles are having on these roads, the local roads, and our cost of having to maintain it when there's a lot of heavy vehicles on those roads.

So the recommendation is to investigate the costs of how much this is costing for our roads, and to report their findings to the Infrastructure Committee. I would sort of foreshadow coming out of that that if it's found that there is a lot of expense attributable to this specific practice due to traffic count studies and so on, that we may make a request to the state government for some sort of contribution, given that these trucks are using alternate roads rather than the main roads for various reasons, whether that be the congestion on the main roads or whether that be to eliminate noise in the more built-up areas or what, I don't know. But I have seen them at night. Nearly every time I go home from here, I see trucks turning into Kirmond Road.

So I don't know where they're all going, but I would welcome it being incorporated into the traffic study to do an assessment of. of this sort of practice and the impacts on our roads. Discussion? Councillor Reynolds. Yeah

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Peter Reynolds

Thanks, Madam Mayor. I was contacted by some residents, and the issue was raised at the last meeting of the local traffic committee, in that there were complaints of trucks using McGraths Road, and I think it was Hawkesbury Road, as some sort of bypass around the traffic lights at McGraths Hill. So they turn right at the old Millers Nursery and go around to avoid the congestion at the traffic lights. Just a question for Mr Organ. I might be remembering incorrectly, but I seem to remember council, on occasion, or I suppose on a regular basis, actually does counts of its own to monitor traffic so it can program works, scheduled works, according to the traffic load at that time. Is that right, or am I... Councillor Organ.

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Jeff Organ

Is determining the twin tubes. So we do that for a variety of reasons, and that's to determine the works program, basically when reseals or the design of pavements. But also we do it in response to issues such as this, where we have complaints or we need to know what's actually happening there. That's the information that we would probably seek to feed into the traffic model that's being produced. It may require some additional counts to supplement

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Jeff Organ

Yeah, depending on what we've done the counts for in the past, whether it's been specifically for heavy vehicles or what we've done it for. As I said, you won't find huge amounts of — we've got 300 kilometres of road, sealed roads, so you don't find them on every street, but we do have a reasonable database. Okay, great. Thank you.

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Emma-Jane Garrow

Councillor Garrow. For Mr Organ, possibly, would it be able to be considered the possibility of putting a load limit onto these said residential streets to prevent this detour happening, which is, from what I believe, is what is happening in the Hills District, which is then pushing a lot of these trucks to use our roads as opposed to the Hills roads for these said trips. So

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Jeff Organ

Council can only impose a load limit on a road generally where the road is inadequate of handling that particular traffic. So again, we'd need to do pavement tests to do that. I need to refresh my memory on—there was some changes some years ago on amenity issues, where lots of councils, particularly in the inner west, had just said, We're going to close this road off to trucks because of amenity, and there was a bit of a change in that . I need to check what the latest road rules are in relation to that. But we can only impose that with the approval of the RMS. Councillor Richards.

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Sarah McMahon

Thank you, Madam Mayor. I was hesitant to enter this debate, obviously, or even have an opinion, but I think the point needs to be made that a lot of the areas being spoken about and truck usage is there's a lot of truck ownership in the Hawkesbury. So people are driving these trucks to and from their home. So how can you limit the use of these trucks on these roads when people are taking them to their own premises? You know, there's a massive truck ownership in the Hawkesbury, whether it's a heavy— Kenworth or a Mack, or whether it's a turf truck, you've got a lot of ownership, and I don't know how you're going to eliminate the problem and work out what trucks are using the roads that aren't local residents compared to trucks that are going to and from their homes.

So I think that if you're going to do a study on it, you need to look at, you know, I mean, and where do you draw the line then? Truck ownership in the Hawkesbury LGA compared to trucks out of the LGA using our roads. It's, I think that's a legitimate concern.

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Mary Lyons-Buckett

I agree, Councillor Richards, and it's not designed to target any particular group. But I guess that's why you do the study, to see whether the same number are, you know, turning left and going along Kurmond Road and coming out the other side at Windsor across the bridge or something like that. There are ways, I imagine, of doing it, and I understand a lot of them are probably local trucks. It's probably not a lot of local trucks driving around at two or three in the morning. I don't know, maybe they are. But there are specific, I have seen specific named trucks in convoy, which I know are not local people because you see them come down the Bells Line of Road and they turn left and then you see them come out the other end.

So they're clearly going somewhere. But I understand that is a variable that needs to be addressed, and it's most certainly not— it's more really to do with both the noise and also to do with the impact on our roads as well. But as with any study, there would need to be controls and, you know, an acceptance that there are those anomalies. Councillor Wheeler . Thanks

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Danielle Wheeler

Madam Mayor . I think we have seen a significant increase in heavy vehicle movement through the LGA, and I guess some of that comes from being on the outskirts of a building boom. I know Pitt Town Road, for example, the burden of quarry trucks there on residents and the discussions that we've had with the Pitt Town Residents Association and the impact of those quarry trucks through the middle of Pitt Town. And this is where we have a real anomaly with our Georgian designed towns and the impact of a burgeoning Sydney population, and some of them are quite poorly designed to cope with this, and many of our roads are very poorly equipped to deal with this as well. And I think you'd be hard pressed arguing that Freeman's Reach Road is standing up well to the huge volume of truck traffic that travels across it as it gets bumpier every week.

Council gets very little benefit for being used as an alternative truck route. We don't get any rego or petrol—we don't get any money out of the rego or petrol taxes that trucking companies or truck owners pay, and yet our residents carry all the burden. And I think it's notable that a significant portion of the SRV Council is applying for is for road maintenance and repairs, and this isn't helping. I'm hoping that the staff can suggest some other alternatives, perhaps some signs asking drivers to limit exhaust braking. I know they're prevalent in the Hunter. I live on a road where truckies use exhaust braking, and it's really jarring to be woken up at 2 o'clock in the morning by somebody who decided that he needed to stick the air brakes on.

It's grim. I don't know if there's other mechanisms around load limits, road markings, something, anything, because this is really starting to get out of hand. I think we also need to look at, we've also got some conflict of use areas, and Wilberforce is a fine example where Council made arrangements years ago to put in the Woodlands Park development, which has been very successful, but it's also had a massive impact on the residents of Wilberforce who put up with the increased vehicle traffic that goes to that industrial area right up a residential street day after day after day, and unfortunately night after night after night. And there has been a significant increase in truck traffic through Wilberforce to that development.

So that's something that Council needs to be aware of when we cite things like this. We had two trucks roll this morning travelling through our towns, and then they caused, and the knock-on effects of those are really quite big. And it's not just local truck owners. We have a number of quarry companies who are trucking through the Hawkesbury at the moment. I'm not sure if people are aware the disused mine on the pass Bell at the far end of the Blue Mountains is now being filled in . I don't have the daily truck movements. They are significant, and 30% of those movements are coming through the Hawkesbury LGA. Now we weren't notified when that went through, I don't think. Yeah, the Clarence. The Blue Mountains Council asked for a report and made representation about the impacts of that.

We've just sucked it up because yet again we are this— thoroughfare without the infrastructure to cope with it. And I think what this is calling for is some hard data to start arguing our case that we can't keep—we just can't keep absorbing these additional impacts and this additional cost on what is effectively a peri-urban council with a small rate base. It's just too onerous for ratepayers and residents.

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Paul Rasmussen

Thank you, Madam Mayor. I think this goes to the issue that I think we dealt with last council meeting, and that's the issue of cost shifting that has continued on and on. Let me tell you this, that

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Paul Rasmussen

I'm not saying that we should in any way, shape or form have any criticism directed at our local small business truckies or our farmers. They are here, they're doing their business, they add to the economy and all the rest of it. Let me tell you, because I know a lot of them, quite a few of them, what they'd rather do is drive on proper, well-constructed regional road for the bulk of their distance, and then the last kilometre before they get home, they divert onto one of our local roads. That would be their preference. Why? Much more efficient, much faster, better use of their time, better use of their equipment, and so on. That's what they want. They want better regional roads through this area.

Are we getting that? No. So what are we seeing, right? We see the spill-out into our local roads, and what do we get for that? We might get a little bit of money here and there, not a lot. We know what the cost shifting on that front is: about $69 million over 10 years. Let me tell you also about the drift road. Well, sorry, the driftway. And I travel on that quite a bit. And the 25, 6 years that I've travelled in and out of that and used that road, the minute the thing—and it's just been covered in certain parts of it now, nice new bitumen—the minute it gets done, bit of rain, being within, you know, two or three months, you've got ginormous potholes. You've got big ruts in the road. Why? Because it is a much easier road for the trucks to hurtle down there rather than through Richmond and so on and so on.

Then we get—and council pays with Penrith half and half. I think it's a five-year rotation. We pay, they pay, we pay, they pay. And it is an ongoing—it's a work in progress. Huge amount of money. Potholes, you wouldn't believe. Now that's one . Yarramundi Lane, another one. Old Kurrajong Road, another one. And it goes on and on and on and on. Now we've spoken about this. When is the state government going to use some of its funds to build decent regional roads in this area so that our people who work here, live here, and contribute to the economy can actually do their job?

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Amanda Kotlash

Thank you, Councillor Rasmussen. Councillor Kotlash. Thank you, Madam Mayor. Getting back to your mayoral minute, I have a few—whilst I will support it, I've got a few reservations about

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Amanda Kotlash

What... You're actually asking here. It seems to me that this is quite a big study, and I was a bit surprised that you needed to do this mayoral minute because I would have presumed that the traffic study would have covered these issues. And I'm just concerned about

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Amanda Kotlash

The cost involved in the extra assessment. I mean, I don't know how hard it is or how easy it is to differentiate the damage done to a road in terms of what sort of vehicle causes it. For instance, Councillor Rasmussen mentioned the Driftway. On lots of occasions when I've driven down the Driftway, I've actually put the windscreen wipers on because the irrigation sprinklers go over the road. So—

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Amanda Kotlash

Not the Driftway. I'm thinking of Yarramundi Lane. Oh yes, that's right. Sorry, yes, I always get confused with that one. So I guess I'm highlighting that what we're asking here is quite major, and I'd hate for the traffic study to be held up

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Amanda Kotlash

For a long time to achieve this. And maybe we could— well, does anybody know if this is within the scope of the traffic study? And could we offer some suggestions that would enhance the traffic study without necessarily going to these lengths? Mr Organ. Thanks.

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Jeff Organ

The traffic study isn't a finite, once-off thing. What's actually going to be developed, or is being developed now, is the first stage, which is basically a traffic model that we can build and add to to do various things, which we referred earlier in the night to the Kurrajong-Kurmond area. If there was a need to do some modelling around that, then you could plug in additional information into that. Similarly, if it's about trying to understand where heavy vehicle movements are, we'll certainly get a range of information that's existing from both our traffic counts, or classification counts that we have, but also from RMS traffic signal data. So there's some modelling that every set of traffic signals is connection to detect that .

So we'll have that information. It's not a big ask to start to look at some of the findings of what that model says and the information we have to be able to say, look, this is what it is. I think there was a question earlier, obviously, or a statement earlier, that there's a lot of trucks that are owner-operated that garaged in the Hawkesbury. We can actually also get that information from RMS, not in terms of individuals, but by suburb where heavy vehicles are registered to. So we can also put another overlay over that. So it's a little bit of a fine grain as to what the study and the model and all of those things will do, and I think we can identify, without too much drama, where we've got probably excessive heavy vehicle movements that aren't necessarily related to residential or owner-garaged vehicles.

So we'll identify the hot spots, and as Councillor Rasmussen said, we know where they are anyway. I think those streets, and we can target those.

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Amanda Kotlash

Right. I was also, it occurred to me that there are a lot of essential services delivered by quite big trucks. I mean the water delivery trucks that frequent, you know, the Kurrajong and Bilpin and et cetera, et cetera . I mean, I don't know how you get around having those big trucks on residential streets. And also there's the trucks that collect the pump out. So I just think, I guess I thank you for your answer, because if it's an ongoing thing without— this just seems a big onerous ask, but it seems like we're getting there in increments. So I'll leave it at that, and as I said, I support

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Mary Lyons-Buckett

The mayoral minute. Just to clarify that, Councillor Kotlash, it wasn't designed to be a whole big thing of its own, and it really does relate to truck movements in the early hours of the morning. So obviously water trucks and sullage trucks aren't on the roads then. So the issue, they shouldn't be— well, they shouldn't be if they are, because the water filling stations aren't meant to operate after certain hours. And of course there's fire brigades and all that sort of thing. So I'm fully aware of that. The thing is really the noise issue in the early hours of the morning, mainly the exhaust braking, and then the falling away of the sides of the road, particularly Hermon Road. And just to really ascertain if that is an issue or not.

It was by no means designed to be an entire big, hugely scoped project of its own. Further discussion? No further discussion. I'll put the motion. All those in favour? Against? The motion is carried. Can someone move the items en bloc? Move.

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Outcome: Carried

58 Resolution

RESOLVED on the motion of Councillor Lyons-Buckett.

1. Subsequent to the receipt of the soon to be received traffic study, Council officers investigate the potential costs associated with road maintenance for local roads being used as thoroughfares, particularly by heavy vehicles

2. Upon completion of their investigations, Council Officers report their findings to the Infrastructure Committee.

Item documents

Agenda item chapter 11

CP - DA0697/17 - 63 Douglas Street, North Richmond - Lot 17 DP 744230 -

Mary Lyons-Buckett

Moved Councillor Conolly, seconded Councillor Reynolds. Discussion? I'd like to just point out that I did have an apology from the owners. I think I said that before, they're away. A number of us attended the site for a site visit, which was highly beneficial in my opinion because I had read the objections from the neighbour, and until I went there, I probably would have thought that they, you know, were a lot different to what I actually saw when I got there. I'd also like to applaud the applicants for their design of this and how they placed it in an area which was specifically placed to be unobtrusive and a good design for the sorts of use of having tourism accommodation in that area. Whereas it is a small country road, when we actually went to the site inspection and looked at what sort of a development it was, the fact that it's on a property with the owners living right there just near it, I would be highly surprised if they were ever all rented out at once anyway.

They may be, but I mean the general thing, you would think there'd be one or two people in there, so I don't think it would be a high impact. And I think that it is a... Also the water, the mentioned dam, the owners said they'd never seen water in it, so it was a dry dam. I imagine it's been very dry lately. And also there was a willingness to, if we felt necessary, to add any conditions to increase planting, for example to plant out the neighbour or anything. But... I don't know if anyone's got any other additions to make to it, but it was one instance where I was extremely pleased to have been able to see it before the application came to Council because it put it all in perspective, and we were able to walk over the property and see any impacts that would arise from it, and it was a good development.

Sorry, Councillor Conolly.

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Patrick Conolly

Sorry, Madam Mayor, I just had one quick question. I noticed, and I've asked this many times before, but I never really 100% sure of what the answer is. The estimated cost of $150,000, I mean, is ridiculous, and is obviously put there to lower what is already a ridiculously low contribution. What method—like, how can we—I mean, is it too late now to go back and say that's ridiculous? What's the real cost? I mean, does Council not do that as a matter of policy when they get these applications? I mean, where it's clearly, clearly nowhere near the real cost.

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Matt Owens

Thank you, Madam Mayor. We do check the costs. There is a flexibility allowance, but we check the cost on all the applications now. We were doing it randomly, but we're doing them all, and we use cost estimates from Rawlinsons or Cordell's, which is a building cost

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Nathan Zamprogno

Thank you, Madam Mayor. I've foreshadowed the question that I was going to ask to Mr Owens and Mr Conroy by email, and it relates to the concern that the nearby Mr Ridgwell, who couldn't be here this evening, has expressed to me since this came up. And that is that this DA is at 63 Douglas Street, and that a very similar development was approved in early 2012 at 78 Douglas Street and has a very similar character, and at that time had similar conditions of consent applied to it relating to the cabins only being used for short-term tourist lets. Mr Ridgwell's claim is that these cabins have been the subject of long-term habitation by long-term tenants, not tourist letting at all. So I suppose, without wanting to disadvantage this applicant,

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Nathan Zamprogno

What's before us is approvable, and I intend to vote for the recommendation. But it lessens my confidence that conditions 58 and 59, that similarly say that the cabins must be used for short-term tourist accommodation, will be enforced, because an almost identical development very nearby, that condition of consent has been ignored, and the outcome was not what Council intended. Could I get Mr Owens to comment, please

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Matt Owens

Thank you, Madam Mayor. I did speak to Mr Ridgwell about that, and he raised that issue, and I checked our records, and we haven't actually had a complaint . Previous to that. So he has made that complaint. I've passed it on to the compliance section to follow that up. I spoke to them today to see how it was going, and they said they're going out in the next couple of days to do that. It's not a condition that's been ignored, but we haven't had the resources to do a program of audit checks on these things. But we are setting something up like that to do that. The development across the road at 78, it appears to be two houses. I haven't got the full history of it. It may have been to replace another house, but instead of demolishing it, they turned it into a tourist accommodation.

This application is purpose-built small tourist cabins. So whilst they're called the same thing, they are actually quite different in that I don't think you could actually live full-time for very long in these cabins because they don't have kitchen facilities. But it is a problem that people are using the tourist accommodation as a ruse to get another dwelling and permanently live in it. So we're trying to set up a permanent program to audit those things on a regular basis. I'm glad to hear, Mr Owens. Thank you. That's the only

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John Ross

Thank you. Following on from the previous questioning, there is a guest register which is noted at condition 55. Does that register indicate the date of entry as well as the date of departure, please?

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Matt Owens

I was looking for it. Through you, Madam Mayor, a guest register should—it's a register of who's staying, where they're from, when they came in, when they left. That's what a guest register should do. So any conditions in the audit that we do, if they haven't got a guest register like that, that's a fine for non-compliance with their DA. And then we'd do any other checks on that as well.

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Matt Owens

Thank you, Madam Mayor. Number 78 has a similar condition on it. Not all the tourist accommodation have that condition. It's only been something that's been put on over recent years. But that is one thing that they'll be doing. They'll check the site, they'll go through the conditions and do an audit of it, yes.

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John Ross

You've raised the next question yourself by implication. Is it possible where a DA has not had that condition? Attached to an abatement notice for it to be done as a subsequent matter by Council ?

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Matt Owens

Thank you, Madam Mayor. We can't impose a condition after it's been approved, but if they're not complying with the use, if the use is for temporary accommodation and it's permanent accommodation, that's a direct contravention of the consent. But you can't put retrospective conditions on

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Danielle Wheeler

Councillor Wheeler. Thanks, Madam Mayor. I think this proposal has the potential to improve quite a weedy area on the site. So normally I would be concerned about the loss of a dam and the ecosystem around that dam, but it's never— having looked at the dam, it looks like it's never actually been particularly functional due to the soil type and also to the poor understanding of using contours to collect water high in the landscape rather than low, which is the standard place to collect water. So it's a dry old pit, really, rather than a dam. But below the area where the cabins are going in, it's quite weedy with lantana and a whole lot of other things, and the applicants are quite keen to clean that up.

And I think they've got significant incentive to clean that up because the balcony area that they're building at the back of each cabin looks out onto that space. So I think we could end up with some quite good land management as a result of this. It would be helpful, I think, for councillors if the internal plans had been included. So at the moment we've got a series of five boxes, but we don't know actually what's in the box. And I think that it would have been helpful if that had been included in the business paper so that we knew what we were approving and its potential to be used as something more than tourist accommodation. My understanding from speaking to the applicants is that you really, unless you're going to set up the porta-gas on the veranda, you're not going to be staying there long .

And they have no incentive to have people staying there for an extended period of time. They have a very large house now built to a very high spec. There's nothing in it for them to be putting five little cabins to spin an extra buck with people in what would effectively be boarding house-style conditions. My only concern with the development on exiting the property is the driveway visibility, and I wonder if council's traffic engineer has looked at that driveway visibility and if that's reasonable at the exit point. It's quite difficult to see, I think it's around to the right, it's quite difficult to see as you leave the driveway.

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Mary Lyons-Buckett

Further discussion? No discussion. Right of reply, Councillor O'Connellly. Not necessary. It's a planning matter, and we vote with our buttons for the recommendation in the business paper. Count of three. One, two, three.

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Mary Lyons-Buckett

Okay. Yeah, show of hands. We'll do. All those in favour for the motion, Councillor Ross, Councillor Rasmussen, Councillor Garrow, Councillor Reynolds, Councillor Wheeler, Councillor Calvert, Councillor Kotlash, Councillor Zambrano. Hands can go down. Councillor Connelly, Councillor Richards, Councillor Lyons-Buckett, Councillor Tree is absent.

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Council decision and source documents

Outcome: Carried

59 Resolution

RESOLVED on the motion of Councillor Conolly, seconded by Councillor Reynolds.

That development application DA0697/17 at Lot 17 DP 744230, 63 Douglas Street North Richmond for tourist and visitor accommodation, comprising of the construction of five cabins, filling of existing water storage facility and associated car parking area be approved subject to the following conditions:

General Conditions

1. Integrated Development - General Terms of Approval

The general terms of approval from the following Authorities, as referred to in Section 93 of the Environmental Planning and Assessment Act 1979 , and referenced below, are attached and form part of the consent conditions for this approval:

- a) NSW Rural Fire Service - The General Terms of Approval, Reference No. DA17122811028 CC and dated 14 January 2018 are attached and form part of this consent.

2. Approved Plans and Supporting Documentation

The development must be carried out generally in accordance with the approved plans and supporting documentation listed below which have been endorsed by Council's approved stamp, except where amended in red on the plans and/or amended by other conditions of consent:

- a) Plans Reference:

| Drawing Number/Name | Prepared by | Issue No. | Date |

|-------------------------------------------|-----------------------|-------------|------------|

| Site Plan, Drawing No. 02 A | Daniel Cowley Designs | A | 29/10/2017 |

| Floor Plan, Drawing No. 03 A | Daniel Cowley Designs | A | 29/01/2017 |

| North & South Elevation, Drawing No. 04 A | Daniel Cowley Designs | A | 29/10/2017 |

| East & West Elevation, Drawing No. 05 A | Daniel Cowley Designs | A | 29/10/2017 |

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| Drawing Number/Name | Prepared by | Issue No. | Date |

|------------------------------------|-----------------------|-------------|------------|

| Cabin Floor Plan, Drawing No. 06 A | Daniel Cowley Designs | A | 29/10/2017 |

| Cabin Elevation, Drawing No. 07 A | Daniel Cowley Designs | A | 29/10/2017 |

| Cabin Section, Drawing No. 08 A | Daniel Cowley Designs | A | 29/10/2017 |

b) Document Reference:

| Document | Reference | Prepared By | Date |

|-----------------------------------------------------|--------------------------|-----------------------|------------|

| Preliminary Geotechnical Investigation | Ref No. REP - 17- 5143-A | Envirotech Pty Ltd | 21/09/2017 |

| Management Plan for Tourist & Visitor Accommodation | - | Daniel Cowley Designs | 6/02/2018 |

| External Finishes Schedule | - | Daniel Cowley Designs | - |

| BASIX, Certificate No. 875568M | - | Certified Energy | 21/11/2017 |

No works, other than those approved (including raising or lowering of ground levels on the site, or construction of retaining walls on any property boundary) are permitted by this consent.

- Note: Details of the development shown in the approved plans and documents referenced are altered in the manner indicated by:

- (i) any amendments made by Council on the approved plans or documents;

- (ii) any notes, markings, or stamps on approved plans or documents; and

- (iii) any conditions contained in this consent.

3. Appointment of a Principal Certifying Authority

No work shall commence until:

- a) A Building Construction Certificate is issued by:

2. (i) Council; or

3. (ii) An Accredited Certifier;

- b) A Principal Certifying Authority is appointed for the building/engineering works and the following details relating to the carrying out of the works have been provided:

5. (i) name and licence number of the builder undertaking the construction works; or

6. (ii) name and permit number of the owner-builder (if relevant);

- c) The Principal Certifying Authority has:

8. (i) provided a copy of the notice of its determination to the consent authority, and to Council (within two days after the date of the determination);

9. (ii) notified the person having benefit of the consent of any critical stage inspections and other inspections that it requires to be carried out in relation to the approved work;

10. (iii) notified Council of its appointment (not less than two days before commencement of building work);

- d) The person having benefit of the consent (if not carrying out work as an owner-builder) has:

12. (i) appointed a principal contractor who must hold a 'contractor licence' if any residential building work is involved;

13. (ii) notified the Principal Certifying Authority of the appointment of the principal contractor;

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- (iii) notified the principal contractor of any critical stage inspections or any other inspections that are required to be carried out in relation to the approved work;

- e) At least two days' notice are to be provided to Council of the date on which it is proposed to commence work associated with this development consent.

4. Part 4A Certificates Required

The accredited certifier shall provide copies of all Part 4A certificates issued under the Environmental Planning and Assessment Act 1979 relevant to this development to Council within seven days of issuing the certificate.

Note: A registration fee applies.

5. Occupation Certificate Required Prior to The Use of The Building

The building/structure shall not be occupied or used prior to the issuing of an Interim or Final Occupation Certificate by the Principal Certifying Authority. Where an Interim Occupation Certificate has been issued, only that part of the building to which the Certificate applies may be occupied or used.

A copy of the Occupation Certificate shall be submitted to Council within two days of its issue.

6. Civil Works Specification Compliance

All civil construction works required by this consent shall be in undertaken accordance with Hawkesbury Development Control Plan Appendix E Civil Works Specification . Inspections shall be carried out and compliance certificates issued by Council or an Accredited Certifier.

7. Sewer Authority - Hawkesbury City Council

This development falls within the Sewerage Scheme controlled by Council. Therefore Council is the approving authority for all sewer works.

8. Works on Public Land - Not Permitted Without Approval

No work can be undertaken within adjoining public lands (i.e. Parks, Reserves, Roads etc.) without the prior written consent of Council or other relevant authority. In this regard the person having benefit of the consent is to contact Council prior to the commencement of any design works or preparation of a Construction and Traffic Management Plan.

The developer must bear the cost of all works associated with the development that occurs on public land, including the restoration of damaged areas.

9. Prescribed Conditions - Compliance with National Construction Code

All building works must be carried out in accordance with the requirements of the National Construction Code (Building Code of Australia).

Prior to the Issue of Construction Certificate

10. Long Service Levy Payment

The payment of a long service levy as required under Part 5 of the Building and Construction Industry Long Service Payments Act 1986 is required. Evidence that the levy has been paid, is to be submitted to the Principal Certifying Authority prior to the issue of any Construction Certificate.

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Note: All building works valued at $25,000 or above are subject to the payment of a Long Service Levy at the rate of 0.35%. Payments can be made at Long Service Payments Corporation offices or most Councils.

11. Access for Persons with a Disability

Details demonstrating compliance with Australian Standard AS 1428.1 - 'Design for Access and Mobility and Disability (Access to Premises - Buildings) Standards 2010' in relation to the development are to be submitted to the Certifying Authority prior to issue of a Construction Certificate.

12. Section 94A (Monetary) Contributions

A contribution under Section 94A of the Environmental Planning and Assessment Act 1979 must be paid in accordance with the following:

a) Contribution Required

In accordance with Council's Section 94A Contributions Plan 2015, a monetary contribution (indexed at the time of payment) must be paid to Council for the amount specified below.

b) Amount of Contribution

The amount of the contribution is $750.00.

This fee is based on the supplied value-of-works of $150,000.00.

The contribution amount detailed in (b) will be indexed at the time of actual payment in accordance with movement in the Consumer Price Index as published by the Australian Bureau of Statistics (Table 6401.0).

Contributions must be receipted by Council and evidence of payment submitted to the Certifying Authority prior to the issue of any Construction Certificate.

Please present a copy of this condition when paying the contribution at Council's Customer Service Centre so that it can be recalculated.

Note: In the event that the estimated value of works increases in association with the Construction Certificate the Section 94A contribution payable is to be based on the revised value of works.

13. Overland Flow

The development shall not create adverse impacts to neighbouring properties in relation to overland flow and must meet the following requirements:

- a) water flowing from the property must not be redirected or concentrated to adjoining properties;

- b) water flowing into the property from adjoining lots shall not be impeded or diverted; and

- c) water flow shall follow the natural flow directions without increasing velocity.

Details demonstrating compliance with the above shall be provided to the Certifying Authority prior to the issue of a Construction Certificate.

14. Basic Drainage Plan

A basic drainage plan of the site must be submitted to and approved by the Certifying Authority prior to the release of the Construction Certificate. The plan must:

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- a) drain in a fashion that does not adversely affect neighbouring lots;

- b) be to the satisfaction of the Certifying Authority; and

- c) comply with the Hawkesbury Development Control Plan 2002 - Appendix E and Australian Standard AS 3500 - 'Plumbing and Drainage' unless a variation is specifically noted and approved by the Development Application concept drainage plan.

15. Erosion and Sediment Control Plan

Prior to the issue of the Construction Certificate, the applicant must submit to and obtain the Certifying Authority approval of an Erosion and Sediment Control Plan (ESCP). The ESCP must show the location of site boundaries, adjoining roads, approximate grades, vegetation, site access, impervious areas, existing and proposed site drainage and a north point.

The ESCP must take into account the requirements of Landcom's publication 'Managing Urban Stormwater - Soils and Construction' (2004). The plan should show the following:

- a) timing of works;

- b) nature and extent of earthworks, including the amount of any cut and fill;

- c) where applicable the diversion of runoff from upslope lands around the disturbed areas;

- d) location of all soil and other material stockpiles including topsoil storage;

- e) location and type of proposed erosion and sediment control measures;

- f) site rehabilitation proposals; and

- g) frequency and nature of maintenance program.

16. Building Sustainability Index (BASIX) Certificate

The BASIX Certificate approved in conjunction with this development shall be submitted to the Certifying Authority with the Construction Certificate application. All commitments in the BASIX Certificate must be shown on the plans accompanying the application for the Construction Certificate prior to the issue of any Construction Certificate.

The commitments identified in the BASIX Certificate and on the plans or specifications are to be fulfilled.

Where changes are proposed to the BASIX commitments, the applicant must submit a new BASIX Certificate to the Certifying Authority.

Prior to the issue of an Interim or Final Occupation Certificate, whichever occurs first, certification of compliance with the BASIX Certificate shall be provided to the Principal Certifying Authority.

Note: If any proposed changes in the BASIX commitments are inconsistent with the development consent the applicant will be required to submit a modification to the development consent to Council under Section 96 of the Environmental Planning and Assessment Act 1979 .

17. Structural Engineers Design - Concrete and Structural Steel

A qualified Structural Engineer's design for all reinforced concrete and structural steel shall be provided to the Certifying Authority prior to issue of Construction Certificate.

18. Structural Engineers Design - Retaining Walls

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Any retaining walls having a height exceeding 600mm proposed in conjunction with the development are required to be designed by a practicing structural engineer.

Details demonstrating compliance with this requirement must be submitted to the Certifying Authority prior to issue of the Construction Certificate.

19. Council Sewer Authority - Inspection Fees

Council is the sewer authority for this development. As this development involves connection to the existing sewer system or works in connection to an on-site waste management facility, payment of the prescribed inspection fee is required to be made prior to the issue of a construction certificate. Evidence of this payment must be provided to the Certifying Authority prior to the issue of the Construction Certificate.

20. On-site Sewage Management - Approval Required

A Sewer Management Facility System application shall be submitted to Hawkesbury City Council for the new tourist cabins and an amended application for the existing system (to reflect the location and size of the proposed irrigation area). The applications shall be submitted to Council together with the design details, site assessment report and payment of the prescribed fee. Evidence of the approval of both the applications must be submitted to the Principle Certifying Authority prior to the issue of a Construction Certificate.

Following installation and prior to use of the approved on-site sewage management system an Application to Operate the system shall be submitted to and approved by Council.

21. Geotechnical Investigation

Prior to the issue of a Construction Certificate, the recommendations under Section 5 of the 'Preliminary Geotechnical Investigation' report prepared by Envirotech Pty Ltd, Reference: REP - 175143-A dated 21/09/2017 shall be considered and incorporated into the Construction Certificate documentation and Schedule of Works where required.

22. Car Parking - Space Dimension s

Non-disabled parking spaces must be in accordance with AS 2890.1 . All disabled parking spaces are to be in accordance with AS 2890.6 . Details to this effect are to be included on plans prior to issue of a Construction Certificate.

23. Quantity and Extents o f Fill

The quantity of fill to be imported to the site must be restrained to the filling of the dam and minor batter adjustments in order to make the development functional on the site. Additional fill for the purpose of raising levels outside the extents of the proposed tourist cabins and visitor car park are not permitted.

24. A detail landscape plan is to be prepared by a suitably qualified landscaped architect for the proposed development and submitted to Principal Certifier for approval prior to issue of Construction Certificate. The landscape plan shall screen and soften the development to minimise any visual impact from the neighbouring properties.

The landscape plan shall consist of a mixture of native trees, shrubs and groundcover species of local provenance.

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Prior to Any Works Commencing on Site

25. Principal Certifying Authority - Details

The applicant shall advise Council of the name, address and contact number of the Principal certifier, in accordance with Section 81A 2(b) of the Environmental Planning and Assessment Act 1979 .

26. Toilet Facilities

Toilet facilities must be available or provided at the work site before works begin and must be maintained until the works are completed at a ratio of one toilet plus one additional toilet for every 20 persons employed at the site.

Each toilet must:

- a) be a standard flushing toilet connected to a public sewer;

- b) be attached to an approved on-site effluent disposal system;

- c) be a temporary chemical closet that is regularly maintained; and

- d) appropriate facilities for the disposal of sanitary items are to be provided within the toilet.

27. Notice of Commencement

No work shall commence until a notice of commencement has been provided to Council. This notice is to be provided not less than two days from the date on which it is proposed to commence work associated with this Development Consent. The notice must also contain:

- a) details of the appointment of a Principal Certifying Authority (PCA) providing name, address and telephone number; and

- b) details of the name, address and licence details of the Builder.

28. Prescribed Conditions - Residential Building Work

- a) In the case of residential building work for which the Home Building Act 1989 requires there to be a contract of insurance in force in accordance with Part 6 of that Act, that such a contract of insurance is in force before any building work authorised to be carried out by the consent commences.

- b) Residential building work within the meaning of the Home Building Act 1989 must not be carried out unless the Principal Certifying Authority for the development to which the work relates (not being the Council) has given the Council written notice of the following information.

3. (i) In the case of work for which a principal contractor is required to be appointed:

- the name and licence number of the principal contractor; and

- the name of the insurer by which the work is insured under Part 6 of that Act.

6. (ii) In the case of work to be done by an owner-builder:

- the name of the owner-builder; and

- if the owner-builder is required to hold an owner-builder permit under that Act, the number of the owner-builder permit.

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If arrangements for doing the residential building work are changed while the work is in progress so that the information notified under (b) becomes out of date, further work must not be carried out unless the Principal Certifying Authority for the development to which the work relates (not being the Council) has given the Council written notice of the updated information.

29. Principal Certifying Authority (PCA) Site Sign

A sign must be erected in a prominent position on any site on which building work, subdivision work or demolition work is being carried out:

- a) showing the name, address and telephone number of the Principal Certifying Authority for the work;

- b) showing the name of the principal contractor (if any) for any building work and a telephone number on which that person may be contacted outside working hours; and

- c) stating that unauthorised entry to the work site is prohibited.

Any such sign is to be maintained while the building work, subdivision work or demolition work is being carried out, but must be removed when the work has been completed.

30. Safety Fencing

The site is to be secured by a fence, in accordance with NSW WorkCover requirements, to prevent unauthorised access during the period of all works.

31. Erosion and Sediment Control for Minor Development

Erosion and sediment control devices are to be installed and maintained until the site is fully stabilised in accordance with Landcom's publication 'Managing Urban Stormwater - Soils and Construction (2004)'.

32. Construction Hours

Clearing of land, running of machinery, excavation, and/or earthworks, building works and the delivery of building materials shall be carried out between the following hours:

- a) between 7am and 6pm, Mondays to Fridays inclusive;

- b) between 8am and 4pm, Saturdays;

- c) no work on Sundays and public holidays; and

- d) works may be undertaken outside these hours where:

5. (i) the delivery of vehicles, plant or materials is required outside these hours by the Police or other authorities;

6. (ii) it is required in an emergency to avoid the loss of life, damage to property and/or to prevent environmental harm; and

7. (iii) a variation is approved in advance in writing by Council.

33. Site Management During Construction

- a) All materials and equipment must be stored wholly within the work site unless an approval to store them elsewhere is held.

- b) Waste materials (including excavation, demolition and construction waste materials) must be managed on the site and then disposed of at a waste management facility.

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- c) Copies of receipts stating the following must be given to the principal certifying authority:

2. (i) the place to which waste materials were transported;

3. (ii) the name of the contractor transporting the materials; and

4. (iii) the quantity of materials transported off-site and recycled or disposed of.

- d) Any run-off and erosion control measures required must be maintained within their operating capacity until the completion of the works to prevent debris escaping from the site into drainage systems, waterways, adjoining properties and roads.

- e) During construction:

7. (i) all vehicles entering or leaving the site must have their loads covered;

8. (ii) all vehicles, before leaving the site, must be cleaned of dirt, sand and other materials, to avoid tracking these materials onto public roads; and

9. (iii) any public place affected by works must be kept lit between sunset and sunrise if it is likely to be hazardous to the public.

- f) At the completion of the works, the work site must be left clear of waste and debris.

Note: In the event it is not possible to keep the footpath or road reserve clear during construction works written approval from Council shall be obtained prior to any closing of the road reserve or footpath area. The closure shall take place in accordance with Council's written approval. The area shall be signposted and such signposting be maintained in a way that ensures public safety at all times.

34. Inspections by Certifying Authority

Inspections shall be carried out and compliance certificates issued by Council or an accredited certifier for the components of construction detailed in Hawkesbury Development Control Plan 2002 - Appendix E Civil Works Specifications, Part II, Table 1.1.

35. Critical Stage Inspections

Prior to the commencement of building work and at nominated stages during the construction of the building, a minimum of 48 hours' notice is required to be provided to allow the Principal Certifying Authority to ensure that the critical stage inspections are undertaken.

Note: Critical stage inspections are required to be carried out in accordance with Clause 162A of the Environmental Planning & Assessment Regulation 2000 .

36. Termite Treatment

The development shall be treated for termites in accordance with the National Construction Code and Australian Standard AS 3660.1 - 2014 - 'Termite Management - New Building Work' by a suitably qualified, licenced person.

A Certificate of Compliance is to be provided to the Principal Certifying Authority and a Notice of Treatment is to be provided to the metre box.

37. Smoke Detection and Alarm System

An automatic fire detection and alarm system shall be installed in the building in accordance with the National Construction Code (Building Code of Australia) for Class 1a structures. Alarms and detectors shall be installed by a licenced electrician and multiple alarms shall be interconnected.

A Certificate of Compliance shall be provided to the Principal Certifying Authority prior to the occupation of the development.

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38. Inspection and Compliance certificates for sewer works

Inspection and Compliance Certificates for sewer works can only be conducted and issued by Council.

In the case of internal and external (house service connection) drainage, the inspection must be conducted by Council's Development Services Branch, please phone (02) 4560 4444 to arrange inspections and payment of required fees;

In all cases inspections must be conducted on the exposed pipes prior to any backfilling including poured concrete or concrete encasement.

39. Management of Overland Flows

The works associated with the development shall ensure that:

- a) all natural water flow from adjoining properties is not impeded or diverted; and

- b) surface and subsurface water flows are not redirected or concentrated onto adjoining properties.

40. Earthworks - General Requirements

All earthworks on site must comply with the following:

- a) topsoil shall be stripped only from approved areas and shall be stockpiled for re-use during site rehabilitation and landscaping;

- b) once the topsoil has been removed the natural batter should be suitably stepped, scarified or roughened to prevent slipping and the fill is to be keyed in to hold the toe of the fill batter in place;

- c) filling shall comprise either uncontaminated Virgin Excavated Natural Material (VENM) or Excavated Natural Material (ENM). Contamination certificates for all source material shall be provided to the Principal Certifying Authority prior to placing any fill on site;

- d) a ticketing system is to accompany any material being brought to the site. A register is to be kept on site to cross reference against the source records. An independent site auditor is to be engaged to undertake appropriate certification regarding the monitoring and validation of the fill material imported to the site as being sound, suitable for the proposed use and free of contamination;

- e) where batters exceed a ratio of three horizontal to one vertical, retaining walls, stoneflagging or terracing shall be constructed;

- f) all fill within the site shall be placed in layers not exceeding 300mm thickness and compacted to achieve a minimum dry density ratio of 98% when tested in accordance with Australian Standard AS 1289 - 'Methods of testing soils for engineering purposes unless otherwise specified'; and

- g) all disturbed areas are to be stabilised/revegetated, using a minimum 300mm surface layer of topsoil, as soon as practicable after the completion of filling works.

Note: ENM is defined by the Excavated Natural Material Exemption - NSW Environment Protection Authority.

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41. Earthworks - Removal, Management and Transportation of Fill

All excavated fill material that is to be removed from the site shall only be sent to:

- a) a NSW Office of Environment and Heritage licensed waste disposal facility. A copy of the receipts from the waste disposal facility shall be kept and shall be provided to the Principal Certifying Authority prior to the issue of an Interim or Final Occupation Certificate, whichever occurs first, or authorised officer of Council upon request; or

- b) a site which has a current development consent for the importation of fill material. A copy of the current development consent for the site to which the material is proposed to be distributed must be provided to the Principal Certifying Authority prior to the issue of an Interim or Final Occupation Certificate, whichever occurs first, or authorised officer upon request.

All removed excavated material shall be transported and disposed of in accordance with the NSW Office of Environment and Heritage guidelines applicable at the time of removal.

42. Placing of Fill

All fill shall be placed in accordance with the standards specified in Table 5.1 of Australian Standard AS 3798 - 'Guidelines on Earthworks for Commercial and Residential Developments'.

43. Compaction - Landfill

All fill; including existing fill must be compacted in accordance with a compaction ratio of 98% as specified in Table 5.1 of Australian Standard AS 3798 - 'Guidelines on Earthworks for Commercial and Residential Developments'.

44. Heritage - Archaeological Discovery During Works

Should any Aboriginal relics or European historical relics be unexpectedly discovered on the site during excavation, all excavation or disturbance to the area is to stop immediately and the following agencies are to be informed of the discovery:

- a) Council;

- b) the Heritage Council of NSW in accordance with Section 146 of the Heritage Act 197; , and/or

- c) the National Parks and Wildlife Service is to be informed in accordance with Section 91 of the National Parks and Wildlife Act 1974 .

Prior to Issue of Occupation Certificate

45. All landscaping works as shown on the approved landscape plan are to be completed prior to the issue of a Final Occupation Certificate.

46. Suitability of Glazing - Windows and Doors

Glazing materials (e.g. windows, doors, footlights, balustrades and shower screens) are to be installed within the building in accordance with Australian Standards AS 1288 - 'Glass in Buildings Selection and Installation' and AS 2047 - 'Windows and external glazed doors in buildings'.

A Certificate of Compliance is required to be provided to the Principal Certifying Authority prior to the issue of an Interim Occupation Certificate.

Note: The certificate is required to be signed by the manufacturer and the installer.

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47. Suitability of External Use of Timber

Evidence of the type of timber installed indicating both species and durability as required by Australian Standard AS 1684 - 'Residential Timber-Framed Construction' is required to be provided to the Principal Certifying Authority prior to the issue of an Occupation Certificate.

Note: This is required for bushfire construction purposes as well as use of timber in decks and balustrades in particular.

48. Certification of Smoke Detection and Alarm System

An automatic smoke detection and alarm system shall be installed in residential development by a licensed electrician. Smoke alarms must comply with Australian Standard AS 3786 - 'Smoke Alarms' and be connected to the consumer mains power where supplied to the building.

A Certificate from a licenced electrician shall be provided to the Principal Certifying Authority prior to the issue of an Interim Occupation Certificate.

49. BASIX Commitments

Suitable evidence that the commitments identified in the BASIX Certificate and on the plans or specifications have been fulfilled shall be provided to the Principal Certifying Authority prior to the issue of an Interim Occupation Certificate.

50. Termite Protection - Certificate of Treatment

The type and method of termite treatment (complying with Australian Standard AS 3660.1 - 2014 'Termite Management - New Building Work') provided to walls and floors, pipe penetrations, jointing of new work to existing and slab perimeters. A copy of the termite treatment and materials used shall also be securely fixed inside the meter box for future reference.

51. Termite Protection - Notice

A Termite Protection Notice, in accordance with Australian Standard AS 3660.1 - 'Termite Management - New building work', printed on durable material, shall be affixed at the entrance to a crawl space or in the case of slab on ground construction, in the meter box prior to a Final Inspection being carried out. The notice shall include information on the form of termite protection employed and the expected service life of the barrier before maintenance is required.

52. Construction Compliance Certificate Required

A Part 4A Construction Compliance Certificate for works approved under the Part 4A Design Compliance Certificate is required prior to the Issue of an Occupation Certificate.

53. On-site Sewage Management - Approval to Operate

An Approval to Operate the on-site sewage management system shall be obtained prior to the issue of any Occupation Certificate.

54. Energy Provider Certificate

Documentary evidence from an Energy Provider confirming that satisfactory arrangements have been made to serve the proposed development shall be provided to the Principal Certifying Authority prior to the issue of the Occupation Certificate.

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55. Compliance Certificate - Connection to On-Site Waste Facility

A written clearance from Council (as the local sewer authority) that the development is suitably connected to the on-site sewerage management system is required to be submitted to the Principal Certifying Authority prior to the issue of an Interim Occupation Certificate.

56. Swimming Pool Inspection

Prior to the issue of an Occupation Certificate authorising the occupation of the tourist cabins, the NSW Swimming Pools register is to be updated to indicate the property contains Tourist and Visitor Accommodation. The property will then be subject to additional swimming pool inspection requirements.

57. Engineers Certification - Retaining Walls

Any retaining walls over 600mm high are to be certified on completion by a suitably qualified and experienced Structural Engineer. Details are to be provided to the Principal Certifying Authority prior to the issue of the occupation certificate.

58. Tourist and Visitor Accommodation - Period of Stay

The tourist and visitor accommodation must not be used for permanent occupation as a residence and shall only be used for short term tourist accommodation for tourists visiting the locality. The buildings shall not to be made available for long term accommodation. In this regard any continuous length of stay is to be restricted to no more than four weeks.

59. Tourist and Visitor Accommodation - Guest Register

A copy of the guest register is to be kept from the date of the issue of an Occupation Certificate. This register is to be kept onsite and a copy shall be provided to Council on an annual basis.

60. Tourist and Visitor Accommodation - Potable Water

Potable water shall be provided to the development in accordance with the NSW Health Private Water Supply Guidelines. A Quality Assurance Plan covering water supply to residential accommodation amenities, commercial food preparation and drinking water supply associated with the proposed use is to be developed and implemented in accordance with this Guideline. A copy of the Quality Assurance Plan shall be provided to Council.

61. Tourist and Visitor Accommodation - Private Water Supplier

The Tourist and Visitor Accommodation business is to be registered with Council as a private water supplier.

62. Waste Generation

- a) The development is to be maintained in a clean and tidy manner. All waste materials to be regularly removed from the property. All waste generated on the site is to be stored, handled and disposed of in such a manner as to not create air pollution (including odour), offensive noise or pollution of land and/or water as defined by the Protection of the Environment Operations Act 1997 .

- b) A waste data file to be maintained for audit purposes during demolition and construction phase of the development works.

- c) A waste removal service to be commenced and maintained for the duration of the ongoing approved use.

63. Pollution Controls

- a) Noise generated from the proposed development is not to give rise to the generation of offensive noise, as defined within the Protection of the Environment Operations Act 1997 .

- b) Any activity carried out in accordance with this approval shall not give rise to air pollution (including odour), offensive noise or pollution of land and/or water as defined by the Protection of the Environment Operations Act 1997 .

- c) In accordance with the requirements of Part 5.7 Protection of the Environment Operations Act 1997 , Council is to be informed of any pollution incident that occurs in the course of carrying out the approved activity where material harm to the environment is caused or threatened.

Advisory Notes

(i) Approval Authority

This development falls within the Sewerage Scheme controlled by Council, therefore Council is the approval authority for all sewer works.

The applicant must consult with the Waste Management Branch regarding any possible new work or upgrades to existing Council sewer mains related to this application.

(ii) Equitable Access

The applicant shall make themselves aware of the Discrimination Against People with Disabilities Act (DDA) and assess their responsibilities and liabilities with regards to the provision of access for all people.

(iii) Acid Sulfate Soils - Monitoring of Excavation During Works

All excavations are to be monitored to ensure that acid sulphur soils are not encountered during works. Signs that may indicate the presence of acid sulphur soils include:

- a) change in colour of the soil into grey and green tones;

- b) effervescence;

- c) the release of sulphur smelling gases such as sulphur dioxide or hydrogen sulphide; and

- d) lowering of the soil Ph by at least one unit.

Should any of the above indicators be present excavation work on the site is to stop and Council is to be notified to determine what action is required to be taken before work may commence.

(iv) Site Contamination Discovered During Demolition or Construction

Should any new information come to light during demolition or construction works which has the potential to alter previous conclusions about contamination, then the applicant must be immediately notified and works must cease. Works must not recommence on site until the consultation is made with Council.

(v) Dial Before You Dig

Prior to commencement of work, the free national community service 'Dial Before You Dig' shall be contacted on 1100 regarding the location of underground services in order to prevent injury, personal liability and even death. Enquiries should provide the property details and the nearest cross street/road.

ORDINARY MEETING

SECTION 4 - Reports of Committees

Minutes:

27 February 2018

ORDINARY MEETING

SECTION 4 - Reports of Committees

Minutes:

27 February 2018

(vi) Requirements of 88B Instrument

The applicant shall make themselves aware of any User Restriction, Easements and Covenants to this property and shall comply with the requirements of any Section 88B Instrument relevant to the property in order to prevent the possibility of legal proceedings against them.

(vii) Utilities and Services

Utilities, services and other infrastructure potentially affected by construction and operation shall be identified prior to construction to determine requirements for access to, diversion, protection, and/or support. Consultation with the relevant owner and/or provider of services that are likely to be affected by the proposed development shall be undertaken to make suitable arrangements for access to, diversion, protection, and/or support of the affected infrastructure as required. The cost of any such arrangements shall be borne by the developer.

In accordance with Section 375A of the Local Government Act 1993 a division is required to be called whenever a planning decision is put at a council or committee meeting. Accordingly, the Chairperson called for a division in respect of the motion, the results of which were as follows:

| For the Motion | Against the Motion |

|--------------------------|----------------------|

| Councillor Calvert | NIL |

| Councillor Conolly | |

| Councillor Garrow | |

| Councillor Kotlash | |

| Councillor Lyons-Buckett | |

| Councillor Rasmussen | |

| Councillor Reynolds | |

| Councillor Richards | |

| Councillor Ross | |

| Councillor Wheeler | |

| Councillor Zamprogno | |

Councillor Tree was absent from the meeting

Motion — Carried

For: Calvert, Conolly, Garrow, Kotlash, Lyons-Buckett, Rasmussen, Reynolds, Richards, Ross, Wheeler, Zamprogno

Against: Nil

Absent: Tree

Item documents

Agenda item chapter 12

GM - Digital Communication Strategy

John Ross

Policy document, shall we say. And I think the wording within the report table indicates such things as influencing operational activities, et cetera, et cetera, et cetera, which are certainly our communication, but

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John Ross

Well, the council infrastructure, both in terms of hardware and software, vis-a-vis the conduct and control, if you like, of operational staff, that had rather confirmed what I had heard by hearsay quite a long time ago, in that it appears that the outside staff do have access to mobile handsets of one form or another,

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John Ross

That has possibly fallen into some sort of disuse for whatever reason, possibly industrial, I don't know. I see that as a problem, a severe problem, grave, in fact, because one of the aspects of it from an administrative and accounting point of view is that whatever work our outside staff go out to do,

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Patrick Conolly

Measures the administrative staff might... Just a point of order, Madam Mayor. I think these are actually very important matters, but I don't think they're relevant to this item. I'm just trying to...

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Mary Lyons-Buckett

Would you like just to hear some feedback on how you've gone so far? We have Mrs Stewart, Mr Organ and Mr Conroy are all going to make a comment on that, what we've got to so far.

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Suzanne Stuart

Thank you, Madam Mayor. The digital communication strategy will be one component of an overarching bigger plan , which we would probably call the corporate digital information technology strategy. So yes, it will be in the future possibly one component of that. But the preparation of this document was fast-tracked so that we could get on with the day-to-day operations of what we needed to do. One example is Facebook. So through this strategy, we were able to implement Facebook and get that up and running. Another thing that we implemented under this strategy was podcasting, so that's why we've fast-tracked this document, and with the aim of getting some quick runs on the board. Thank you, Mr Stewart. Mr Organ.

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Jeff Organ

If I could perhaps just correct something that you may have misinterpreted from the IT manager's presentation the other night, and you used the word, which alarmed me, which was that the system that we have has fallen into disuse or disrepair. It's quite the opposite. What we're actually doing is rolling out our work system, which is about our field staff having digital communication, so being able to get councillor requests after they've been vetted, or customer requests, and feeding them directly out there. So we're in the process of rolling that out rather than something that we've invested in and it certainly hasn't fallen into disuse or disrepair. We're certainly working with the staff, training and rolling that out. So I was a little bit concerned that there might have been a misunderstanding that the system had fallen into disuse. That's not correct.

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Peter Conroy(staff - General Manager)

And just as staff have mentioned, what we're hearing tonight is just a very small component of a much larger issue, and that's starting with how we manage our data. We are an incredibly complex organisation, and we are governed by other levels of government, so we have to do as we're told. And so we collect data from numerous sources, and we have to try and manage that in a way that protects confidentiality and privacy, and at the same time provides for the distribution of that data where it facilitates improved community engagement or outcomes, and that is not a simple thing. And local governments across Australia are struggling with those competing demands, and that's just one element of our whole corporate digital strategy.

Then we've got various services that we run, some of which we have to run, that we have no discretion at all, and those services operate across a range of demographic. .. And other stakeholders . And so to pull all that together is not something that we can do in the time that Council was looking for us to deal with communications. So as Suzanne said, we've fast-tracked that. At the same time, Geoff's explaining that we're working on this rollout of, again, remote opportunities, but all of that's in the context of a much bigger corporate issue that we're trying to work our way through. And so that's where it's trying to position it.

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Patrick Conolly

Thanks, Madam Mayor. I just wanted to point out that this strategy, whilst I don't disagree with Councillor Ross that this is not across the whole big picture of all these issues, this strategy has obviously been pushed by us as councillors by a number of the key directions we've asked for. Looking through the strategy, we've already achieved a lot of these objectives. So I think that's why we're doing this, is because we've asked for it. It was a big priority of a number of the new councillors in particular, and it's happened really quickly, and I think it's a really good strategy. So I'm happy to go with the recommendation, Madam Mayor.

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Mary Lyons-Buckett

Thank you, Councillor Connelly. Can someone just move we go beyond 11. Move that way, Madam Mayor. Councillor Rasmussen, seconder Councillor Wheeler. All those in favour? Aye. The motion is carried. Councillor Ross did that answer your question or contribute to helping? Thank you. Further discussion? Thank you. Councillor Garrow. I

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Emma-Jane Garrow

Just wanted to commend, if it's your, on this report and in taking on this endeavour in Council, taking Council into the future. So thank you very much. And it hasn't been an easy task, and I'm sure there'll be lots of learning curves on the way, but thank you.

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Mary Lyons-Buckett

Further discussion? Right of reply, Councillor Rasmussen. Not necessary, Madam Mayor, thank you. I'll put the motion. All those in favour? Against? The motion is carried. Next item is...

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Official meeting record

Council decision and source documents

Outcome: Carried

63 Resolution

RESOLVED on the motion of Councillor Rasmussen, seconded by Councillor Wheeler.

That the meeting continue past 11:00pm to allow the Business Paper to be completed.

Item: 043

GM - Application for Sponsorship - Australian Orchid Council Conference and Show (79351, 84730)

Directorate:

General Manager

Councillor Lyons-Buckett declared a less than significant non-pecuniary conflict of interest in this matter as she is a patron of the Hawkesbury Orchid Society and no further action is required.

Ms Helen Mason addressed Council speaking for the recommendation.

MOTION:

A MOTION was moved by Councillor Zamprogno, seconded by Councillor Reynolds.

That:

1. Council approve sponsorship funding to the Orchid Society of NSW in regard to the holding of the 21 st Australian Orchid Council and Show, to the total value of $2,000, comprising of financial assistance of $1,000 and in-kind services to the value of $1,000, as outlined in the report.

2. Council enter into the standard Sponsorship Agreement with the Orchid Society of NSW for the 21 st Australian Orchid Council and Show.

Item documents

Agenda item chapter 13

GM - Smart Cities Conference/Master Class

Paul Rasmussen

Just quickly, Madam Mayor, I think these... I've been to a few of them. I think they're worthwhile. I wasn't able to go to the last one. No, I didn't. But they are worthwhile, and it does keep us abreast of what is happening out there in smarter and smart cities. I think also within the City Deal, I think there's some mention of smart cities in the future, and that's where most communities, cities, towns are heading, given the onslaught of digital revolution that's obviously well and truly underway, and AI and all the rest of it. So I think we've just got to, yeah, pay attention to it, what's going on with it, and hopefully some staff will come along as well, because I'd like to go.

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Mary Lyons-Buckett

Thank you, Councillor Rasmussen. I'd just like to seek clarification regarding the recommendation, which says attendance of a nominated councillor. Are we to vote for one councillor to go? Okay. All right, I'm just clarifying that because I just saw that. So further discussion and/or a nomination to go ? Sorry? Yeah?

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Paul Rasmussen

Madam Mayor, look, if Councillor Zamprogno wants to go, I've been to a few of them. I find them enjoyable. I'd probably go anyway, but if Councillor Zamprogno wants to go, I'm happy to let him go.

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Mary Lyons-Buckett

Well, we can call for the nomination. The nomination is part of the recommendation, so I'm calling on it in the same thing because it's worded to do that. But we may as well know who's up for it before we decide. So we've got two now. Can I just— Do we just want to— Can I just

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Mary Lyons-Buckett

As considered appropriate by the General Manager. Yes. Maybe we should check if it considers Councillor Rasmussen and Zamprogno as suitable. Appropriate, sorry. In confidence. We'll deal with this after. Any further discussion? No further discussion. Right of reply, Councillor Rasmussen? Not necessary Madam Mayor. Not necessary. Put the motion with that slight change. All those in favour? Against? The motion is carried.

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Outcome: Carried

67 Resolution

RESOLVED on the motion of Councillor Wheeler, seconded by Councillor Rasmussen.

That:

1. Attendance of two nominated Councillors and staff as considered appropriate by the General Manager, at the Climate Leadership Conference, at an approximate cost of $1,395 plus travel expenses per delegate, be approved.

Item documents

Agenda item chapter 14

GM - The Climate Leadership Conference

Mary Lyons-Buckett

No discussion. It's the same thing again. I did receive an email today that early bird registration would be $1,195, a saving of $200 if we get this through. If someone wants to go, that's going earlier. What I would draw attention to is we have a budget workshop on the night of the 15th of March, and it's in Sydney and there's not accommodation, so it would be going for the two days with a budget workshop in between. I had considered going, but I've now realised I can't because I've got something on the 16th. So anyone nominating to go? Councillor Wheeler?

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Mary Lyons-Buckett

All right, now let's just have a look. How much is it? Okay, $1,195 early bird. Yeah. Councillor Kotlash, three. Sorry. We're going to three. I do hope you've noticed the additional point regarding bringing the written report back to Council on these— that's been included now. And Councillor Calvert? No , no. I just wanted

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Mary Lyons-Buckett

Thank you for that, Councillor Calvert. So Councillor Ross, you're already engaged in something. Councillor Kotlash and Councillor Wheeler are on our Sustainability Committee, it would— Makes sense, and I think I would really welcome hearing there. I think they can sustain that. I will really welcome hearing back because I'm quite disappointed not to go. There's some very good speakers on, and that would be very interesting to hear back from that. So, further discussion? No, we have the same change to two councillors, if everyone's happy with that, going for the early bird prize. And— No

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Mary Lyons-Buckett

No . So, any further discussion? Right of reply, Councillor Wheeler. Not necessary. All those in favour? Against? The motion is carried, the two councillors, Councillor Wheeler and Councillor—

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Outcome: Carried

68 Resolution

RESOLVED on the motion of Councillor Wheeler, seconded by Councillor Rasmussen.

That Councillors Kotlash and Wheeler, as Council's nominated representatives, attend the Climate Leadership Conference.

Item documents

Agenda item chapter 15

CP - Modification of Restriction as to User - 227 Bull Ridge Road, East

Matt Owens

We don't have any restrictions, any objections, and we've also looked at its location and obviously it's going to be visible, but it's not within any view lines or anything like that.

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Danielle Wheeler

It seems to me a fairly sensible site choice. It's a heavily degraded site. It's not like there's any additional clearing or any negative impact that's going to come from this, except that it is going to stick out like the proverbial.

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Outcome: Carried

70 Resolution

RESOLVED on the motion of Councillor Richards, seconded by Councillor Zamprogno.

That the:

1. Information be received and noted.

2. Two buildings (former dwelling and shed) on Lot E DP 373372, 452 Greggs Road, Kurrajong be included for further consideration as part of a Hawkesbury wide Heritage Study.

Item documents

Agenda item chapter 16

SS - Outcome of Consultations with LGBTQI Community on the Promotion

Danielle Wheeler

Councillor Wheeler . Thanks, Madam Mayor. I want to thank the staff for this report and the way they've engaged with the community members involved. This is often a difficult area of discussion. It's a deeply personal discussion for many people, with community groups who often don't feel included and who feel like they've been pushed out of the discussion space. And so I think staff have done a fantastic job in getting ideas about how we can do this, but also working within the parameters of that idea of nothing about us without us, so that we've spoken to the people who are most likely to give us the best access to information that will make positive changes for them. I particularly applaud the move towards gender-inclusive toilet facilities and note that actually this is the way public toilets are moving in many areas, particularly when you're only putting one or two toilets into spaces in areas like ours where you might only put one or two.

The mayor and I had a lengthy chat with a man selling lovely modular toilets at the Local Government Conference, and they're designed to be unisex toilets where you put in one or two modules that are either freestanding or certainly relatively self-supporting, and No one seems to have any problems. I've used them in other LGAs without any concern at all. In fact, they've quite flashed some of them, have a chat to you. Some of them tell you you've only got ten minutes before they boot you out. So we're moving towards this. There's also some really good evidence to show that unisex or gender-inclusive, gender-neutral public toilets are really well used by people with disabilities, particularly if they need to have a carer of a different gender come into the toilet with them.

They're also very popular with parents with young children, particularly at those ages where kids aren't old enough to go to the toilet by themselves, but boys don't want to go to the girls' toilets with mum, and dads who've got the care of daughters don't want to take their daughter into the men's. And so I think this is a really good way forward for everybody in the community. I've chatted with various members of the various LGBTIQ members of the community about the council's recommendations, and they're very, very happy with this. I also think that option two that's suggested in the recommendation for staff training provides the best value and the most flexibility, despite a slight increase in cost.

So I think this is an excellent outcome for council. Councillor Connelly.

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Patrick Conolly

Thanks, Madam Mayor. I won't be supporting the recommendation for a couple of reasons. I mean, to address the first part regarding the gender, what's the word, all-gender toilets, I have no problem. I think everything Councillor Wheeler said about unisex toilets is quite true, and Councillor Wheeler also used the word unisex in her discussion. My first reaction when I read this was, why would we go and change unisex signs to say all-gender, when clearly I could not personally think of any difference. And I thought, well, I won't just go with my first reaction, maybe I'm missing something. So I've Googled extensively, looked everywhere, and the thing is I can't find the difference, because the words are used interchangeably throughout all the literature on this.

So why, if the words are used interchangeably, the definition of unisex that I could find was that refers to something that is neither for males nor females exclusively. Why, if it's used interchangeably, even in all the literature from all these advocacy and lobby groups, do we need to go and relabel all our toilets from unisex to all gender? It just seems like tokenism and virtue signalling and just trying to use the latest word. You know , how do we know once we do this all gender, that we won't be a problem with all gender next week and we have to change it again? The label on the toilet is not what's important. It's whether people feel like they can use it. And from all the literature I've found, nobody's felt—nobody, I haven't seen anything to support the conclusion here that people who identify outside of a gender binary can be seen as discriminated against where only male, female or unisex facilities are available.

Even that language is quite telling. People who identify outside of a gender binary can be seen as discriminated against. Not that there is a problem, that there is a perception of a problem. Whereas these are, let's remember, toilets. It's not that big a deal. As long as everyone feels like they can use a toilet, and from all the literature, that unisex seems to be a perfectly appropriate word. I don't see why we would go and spend money relabelling our toilets from unisex to all gender.

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Patrick Conolly

Regarding the membership and training, you know , also not a bad thing to have this, but why are we only looking at this particular minority group or vulnerable group when there are so many others? I mean, I would ask a question, Madam Mayor, to the staff through you: have we had a particular problem with complaints in this area as opposed to others?

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Joseph Litwin(staff - Director, Community Partnerships)

Thank you, Madam. I'm not aware of any complaints. I guess the report just identifies what the outcomes of consultations were with that particular group.

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Patrick Conolly

Yeah. So, I mean, I'm concerned, Madam Mayor, that— In the current climate of us having just applied for a special rate variation of over 30%, that we would then go and spend close to $10,000, and I note that there's actually no financial impact of relabelling the toilets, which I find difficult to believe. I can't believe we would go and spend that money on the basis of this report when there's been no particular need identified internally. It's just come from a councillor's notice of motion. And we're not going—why would you not prefer a program of sensitivity training? If you thought we had an issue with that with our staff, or you thought it was just good practice to educate staff on how to be sensitive to vulnerable people, why would you just pick one segment?

Why would we go and join an organisation that's going to promote us as an LGBTI organisation? Why wouldn't we actually spend that money on getting our staff sensitivity training for dealing with all different types of people? Because a council is an organisation where they will have to. Why would we just pick this one group? Because that's what we asked for. So, yeah, I definitely can't support going and spending this money. This is not what ratepayers expect us to be doing with their money. This is not council business. Ratepayers don't expect to be paying huge increases in their rates for us to go and join LGBTI organisation, effectively certifying authority of some description, because that's what it seems to be.

There is some training, but I've had a look online and it's more about promoting yourself as an organisation that is friendly to that community. Why would we spend our ratepayers' money on that? That's not what they expect of us.

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Barry Calvert

Thank you, Madam Mayor. I do plan to support the recommendation, but I'd like to ask a few questions first. The point three that Councillor Conolly was talking about, the… Employer support program. Back on page 195, it says that the training only costs $2,500. I assume that's a one-off, whereas the membership costs $5,750, which I assume is every year. Now, Councillor Wheeler said there was only a small difference in cost, but to me that's quite a big difference, and I don't know whether this document justifies that difference. I wonder if anyone could tell me why $5,750 a year was so much better than the one-off payment for training.

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Joseph Litwin(staff - Director, Community Partnerships)

Thank you, Madam Mayor. I guess the reasoning was that the second option of membership provides more flexibility, and because Council has up to 280 staff, because option one provides a one-off training for up to 60 staff, and by going with the membership proposal, I guess it provides us with more flexibility to train all our staff, and also to offer that training to other groups within the community, non-government organisations who may wish to participate. So, in terms of a package, it was just, I guess it's been recommended because it does provide additional resources for Council and can assist in, I guess, raising awareness about the issues faced by the LGBTQI community, rather than just a one-off training which takes place and then there's no follow-up.

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Barry Calvert

Thank you. The way I heard that is if we wanted to train all our staff, we'd have to have three training sessions of $2,500 each, so that would come out at more than $5,750 in the first year. But then we'd be paying every year after that for the membership. So I

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Barry Calvert

Would personally prefer us to do the training only for a year or so and see what happens. But I won't make that amendment. I'll just put that up as my personal preference. The second thing is the toilet signs. I believe, correct me if I'm wrong, these are toilets that open to the outside world. They're not ones you go into. They just have an opening door to them. So why does it need to say anything except toilet?

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Joseph Litwin(staff - Director, Community Partnerships)

The reason for, as the report I guess outlines, the term all gender simply replaces the term unisex, and that was based on the recommendations from the consultations with LGBTQI community members and also with service providers who are indicating that signage is now moving in that direction where all gender is replacing unisex as the term to be used.

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Barry Calvert

If you've got the old-style toilet block, you'd need a sign out the front to say who can go in there. But if it's just separate cubicles opening to the world, then I can't really see the justification in that signage either. But I don't think it's a big cost, but I'd like us to consider that as we move forward, that when we build new toilet blocks, we just have toilet out as the word. Thank you.

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Patrick Conolly

Yeah, I noticed in the business paper, because I just wanted to double-check my understanding following the Deputy Mayor's questions. We were presented with two options, option one which costs two and a half thousand and option two which costs $5,750. But the financial implications suggest that we're going to be doing both. So are they options, or is it take option one on its own, or option one with option two?

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Joseph Litwin(staff - Director, Community Partnerships)

Thank you, Madam Mayor. The, in the financial implications, indicates the required expenditure would be up to 7250, so that accounts for option two plus the cost of installing signage, which is about 1,500. So it's the most expensive option, plus the signage gives you the 7250.

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Nathan Zamprogno

Organisations, including employers, should be more mindful of supporting those minorities within their own community. But I do look at this from two angles. Not every minority can be accommodated on every occasion, and that's not to say that there's any insensitivity implied , but that, you know, not every sign appears in words and in Braille. Not every public meeting has a person to interpret by way of sign language. Not every sign or document produced by government can appear in a multilingual format to cater for all of the minorities for whom that isn't their first language. We do have to be choosy in a fiscally constrained environment, and as much as I support the thrust of this, I do feel, alongside Councillor Conolly and Councillor Calvert, that this is a very expensive way of achieving that aim.

So I'm in the bind of supporting some of the dot points and the recommendation, but not others, and therefore my request is that we consider this in seriatim and vote on each of the dot points separately. That will permit me to support the ones that I think are worthy and not the others.

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Sarah McMahon

Thank you, Madam Mayor. I am not supporting the recommendations in the business paper. I just want to make a few things clear before I proceed, and I think that as a council and councillors, we should have a respectful debate about this and respect that people have varying degrees of opinion on this sort of thing. I want to make it clear before I continue on that I do support the LGBTIQ community. How could you not? You've got to support people to have a freedom of choice in their life. So let's make that very clear. However, I do not support council playing an active role and spending money in this area when we have a fledgling budget with negative variations at the moment and are asking residents for more money with an impending SRV.

Inclusion is important. Everyone has the choice to live how they want within the confines of the law. But we do not need to, as a council, be spending money on events or these sorts of things for a group in line with these recommendations. This is not our domain or our primary responsibility. In an effort to promote economic conservatism in a council dominated by a hyper desire for increased funds through an SRV to spend on non-essential items. So I'm going to draw the line here and say that right now we need to get back to the basics. While I have respect for this element of the community, I've taken it upon myself to raise these recommendations already with

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Sarah McMahon

I don't think that anyone can cast judgment on the fact that there is already cause for concern among some parents about signage on the toilets being changed to all gender. What the council does by doing that is forces a conversation between a mother and a child or a father and a child as to what does that mean, and I don't think that is a council's role to be forcing that conversation onto any parent to have with their child. We already have had extensive debates about this in this chamber. We've already had a federal government who, regardless of your opinion on the survey, has legalised same-sex marriage. That has been, on that level of government, a victory, if you must say, for that community, and I understand that they have celebrated that.

And, you know, let's leave that with the federal government right now. I just want to ask a couple of questions about the two groups that the feedback was received from. I mean, there's only two groups, and how many people, if I can ask, were involved in the feedback process from each group? Mr Liptman.

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Joseph Litwin(staff - Director, Community Partnerships)

I'm not sure of the precise numbers. The two groups that were consulted were the two groups that Council had knowledge of in relation to people who might be able to represent the needs and issues facing that community in the Hawkesbury.

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Sarah McMahon

I just feel that a spend of this amount of money by asking two groups, I don't know if there's any more, I don't know whether individuals should have been consulted. I just feel that that's probably not a good enough number of people to actually consult. My assumption, and I might be very wrong, but I mean I would have liked, through the same-sex marriage statistics where they broke it down into the federal seats of Parliament and Macquarie got a positive result , I would have liked that broken down into state seats because I do believe that the makeup of the Blue Mountains would be different to the makeup of the Hawkesbury in terms of that majority of the community and what they think about this.

Now, what I fear about a report going out about this pilot program of changing signs on toilet doors is that we are struggling as a Council to engage with our community. We're struggling to get people to actually respond to these sorts of things. The only way I can see a way to do this, and it's completely and utterly impractical, is to have a form at the door and say, Do you like these signs that you're about, you know, you're about to enter? How else are we going to get out there to people? You know, if someone looks at that door, are we going to have a sign next to it? Probably we should tape there saying, Your feedback on this sign is appreciated. Go to this website or send us an email and give us your feedback.

Because you need to let people know if you're putting up these signs as a pilot program that they are entitled to provide Council with feedback. So I think that you need to consider how you're going to be asking for that feedback. One hundred percent, because, I mean, I don't think you're going to get a broad engagement with the community. Page 197 of this report says that these costs can be incorporated within the existing councillor and staff development and building maintenance budget allocations, but may require additional budget allocations, which can be considered in conjunction with the development of the next financial year operation plan. I'm hesitant to do that in light of this, you know, whole rate rise situation.

And, I mean, we look at something like today, tonight, what happened tonight with the orchid request for financial assistance, and we couldn't find money for that. And I think that's something that reaches out to more people in our LGA than something like this. So to sum up, right now, in light of the SRV, all recommendations we look at in any report need to be looked at stringently for financial impact. Right now, as someone who did not support the SRV based on the current rating structure, it's about prioritising. It's about making sure we allocate money towards our priorities. If council wants to express some sort of a support for this community, then that's fine, but I certainly will not be spending one cent of money right now in the current financial situation that we are on any of these recommendations.

Oh, and lastly, sorry, lastly, I just want to know how and why the decision was made to have it at McMahons Park in Kurrajong. Mr Lippman.

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Joseph Litwin(staff - Director, Community Partnerships)

I think the Ida Alford Day event was being primarily driven by Ability Links, and I'm assuming it was their decision to hold it in McMahons Park. Okay,

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Sarah McMahon

Thank you. Well, yeah, I'll just sum up and say I'm not supporting it for all of those reasons. I think this council needs to be very careful where they're allocating money in light of what's about to happen come July.

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Patrick Conolly

A question along these lines, Madam Mayor. Normally when we support an event, we would actually quantify our in-kind support. That's our normal process. Can I just wonder if that's happened for this, if we have quantified that and what it is?

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Paul Rasmussen

Thank you, Madam Mayor. It's a really interesting discussion and I think an important one. I will be supporting the recommendation, obviously, and for the reasons that we all, well, I know anyway, and that is it's only fair and equitable that we should do this and we should take a leadership role in this. These good people have been behind the, yeah, really, really had a hard time for a very, very long time in our community. Finally, at the federal, state and local level, I think we're beginning to understand the impact that this community has worn and has suffered under for many, many years. Anyway, so that, I think, said, I think it's something we should take a leadership role in and we should be getting on doing it.

Now, the point I want to also make is that I don't see the same concern from some councillors about the most recent impacts, or financial imposts, of IHAPs of $80,000 and the external audit of $120,000 that was imposed on us. I don't recall anybody, other than a few of us, saying, How dare this? We haven't got the impecunious nature of our budget, you know, our fledgling budget, all the rest of it, that we can't afford this. No, we're not doing it. We're going to tell the government, state government, we're not going to do it. I don't recall hearing that. Maybe we will hear it one day.

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Patrick Conolly

I've had one go and a question, Madam Mayor. I think that the fundamental difference—well, first of all, I would remind Councillor Rasmussen that I am a Liberal Party councillor and I won a four on this council. So if you think council took the wrong decision in regards to what it was going to do with external audits and IHAPs, I think you're looking at the wrong people, because we're not controlling these decisions, you are. And I don't remember you jumping up and down and telling the state government that we didn't want to have an external auditor and that we weren't going to have an IHAP. If you did, I missed it, and I totally missed those resolutions of this council, because I don't believe those resolutions exist, Councillor Rasmussen.

But I think the fundamental difference, obviously, is that they relate to our core business, and we're not being asked about them; they're being imposed on us. We don't have an option there. So we can jump up and down and protest the state government, but we don't have an option, whereas here we're obviously spending money on something that's normally way outside our purview, not in our jurisdiction, and is optional for us to spend in an environment where we're saying to our ratepayers we don't have the money.

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Mary Lyons-Buckett

Councillor, I'll go to, I'd just speak before Councillor Wheeler does write a reply, and I agree with Councillor Rasmussen. It's not only IHAP and those things; we're often burdened with money, and I don't think that using $7,000 as a point in that regard is entirely valid when this is a continuation of a resolution that was passed previously to implement a number of strategies, I would think at quite a low cost, and it's a pilot program with feedback coming back from it. So it's not committing to council doing anything except having a pilot program. And I would, however, take up your earlier point of why would it be one minority, and if it were to be expanded for sensitivity training to other minority groups, I'd be more than happy for if that could be incorporated.

But I believe this is a specific program. However, I'd be happy to see that because people do need to know how to deal with these sensitive issues, and as a large employer in the area and as people who are out in the community, we all should be mindful of all these various— Minority groups and so on. Some people would think minority groups shouldn't have any attention or resources directed at them at all. But I think quite to the contrary, as I think Councillor Rasmussen alluded to, many of them have been severely discriminated against and have been discarded from the general run of society. And in fact, the very reason where we would try and arrive at a substantive equality as opposed to a formal equality with people in that regard stems from the fact that they have been so disadvantaged and therefore that we try to bring people back to be on some form of equal footing.

I think that with regard to the same-sex marriage survey, I think the result was what the result was. I don't think it needs to be broken up, but Councillor Richards may well be right. There could be a lot more people in the mountains who supported it. A lot more people in that area may well have supported it, but I don't know that that's relevant to this. I think being involved in the—oh , it's changed to Ida Hobart, what was the Ida Hot Day—is a good support for our local community, and I don't think this is putting a huge burden on council expenses. I think it is supporting a group, and the council staff have done a good job in consulting and dealing with it and bringing forward the next step of moving forward.

Right of reply, Councillor Wheeler. Thanks

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Danielle Wheeler

Madam Mayor. I think it's disappointing at this point to still have to go over these same old things and hear the same old ridiculous claims of virtue signalling, which seems to be the thing that the right trots out every time the left asks them to stop behaving appallingly to a sector of the community. I think some councillors really need to check their privilege. To say that this isn't real discrimination, it's just perception of discrimination, well, that's what discrimination is. If you perceive that you're being discriminated against, A, you probably are, and B, you are probably being hurt by the experience. The marriage equality survey didn't end this problem, and I think it's probably a timely place to remember that.

Council's marriage equality banner went down so well with the community that someone decided to, A, steal it, and then, B, the community had to crowdfund to replace it. So clearly we do have a problem with discrimination against the LGBTIQ community in this area, and we need to do some training to fix that. This isn't being part of the LGBTIQ community isn't a choice. It's a reality. Choice is what you have for dinner. Your sexuality is not a choice. It's not something you get to change or something that you might rearrange because it doesn't suit you, members of your family, or members of society. I think it's just outrageous that I feel that I have to make that point in this council in 2018.

The fact that it might cause a bit of concern for parents, how is that conversation going to go? Who can use this toilet? Anybody. End of conversation. Surely that isn't difficult. It's not going to have a big sign at the front saying transvestite or transgender or men who dress like women. It's just going to say all gender toilet or gender inclusive toilet. We've asked the community what they require to make them feel comfortable in this space, and they've told us, and we need to respect that. I don't think that's particularly difficult. As far as the training goes, we are a major employer in this region, and it's high time that we moved into the 21st century and trained our staff, in particular our frontline staff and our management, in dealing with people with significant differences.

And I strongly suspect that many of the teachings from this will be usable across lots of other domains as well. This isn't an end in itself. This is a beginning for council in how it deals with diversity. That's something that this council clearly stated it wanted when we wrote the... CSP , and I think this is a really good first step. So I thank those councillors, councillors who are willing to support it, and I haven't heard any alternatives from the other councillors. So I think we're going with this one.

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Mary Lyons-Buckett

Thank you, Councillor Wheeler. I'll put the motion. All those in favour? Oh, sorry, yes, I'm sorry. I recall Councillor Sambronio would like us to do— yes. We'll move with point one of the recommendation. All those in favour?

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Mary Lyons-Buckett

Not for you. Okay. Point two, all those in favour? Against? Point three, all those in favour? Against? Point four, all those in favour? Against? The motion is carried in all four points. Councillor Conolly, Councillor Richards, do you want your name recorded against all of them?

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Official meeting record

Council decision and source documents

Outcome: Carried

78 Resolution

RESOLVED on the motion of Councillor Wheeler, seconded by Councillor Garrow.

That Council subscribe to the ACON Health Limited 'Pride in Diversity' employer support program to assist Council in the design and implementation of a LGBTQI awareness and inclusion program.

Councillors Conolly and Richards requested that their names be recorded as having voted against the Motion.

Motion — Carried

For: Nil

Against: Conolly, Richards

Absent: Nil

Item documents

Agenda item chapter 17

SS - Submission to the Office of Local Government - Draft Model Code of

Paul Rasmussen

Madam Mayor, I'd like to say a couple of things about this because one of my favourite topics has finally moved. Only about seven or eight or nine years too late. I just adored reading that. Must have webcasting . Oh my goodness. Can you believe this after all these years? Anyway, it's there, and I'm not sure that I would agree with the conclusions or the submission here that we shouldn't go down that track, but let's see where it goes, because I think there is some clarification required exactly what webcasting, precisely the form it should take here or should take in the—whether it's audio casting, webcasting, streaming. I think that definitional issue needs to be sorted out so that we know where we are and what we have to do. But I certainly welcome that finally, 2018, we've finally got around to putting it into our code of meeting practice. My goodness. Anyway, I applaud it.

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Mary Lyons-Buckett

Thank you, Councillor Rasmussen. And on that note, Councillor Kotlash and I were discussing something earlier. Could we add to seeking the clarification, or could somebody clarify that the items in red, which are the non-mandatory clauses that have been included, if a majority of councils are to find those, that they want them included, will this become part of the model code? Is there anyone who can answer that? Mr Mifsud.

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Laurie Mifsud(staff - Director Corporate Services)

Thanks, Madam Mayor. I don't know the exact answer, but what I'm gathering from what the OLG have put out is that if enough councils indicate that they want something moved from discretionary to mandatory, then they would look at that closely.

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Mary Lyons-Buckett

Okay, so it's not a definite thing. Okay, thank you. And I, like echo what Councillor Rasmussen said about the webcasting because I was quite shocked to see that in the black font, meaning—yes, very shocked—meaning it was considered mandatory. So I welcome the clarifications sought on that because I wasn't 100% sure. But then I don't know if that fully addresses any of the requirements that may come connected to having the webcasting, because I know we did a report before and there were various questions regarding would we need someone signing if that was the case, would we have to address certain things. So I just think there does need to be more clarity. I'm not sure if our submission goes far enough in getting all that information, or should we perhaps be drawing on our previous report regarding costs and things like that to be included in that, given that it is appearing as a mandatory three clauses in the new model code.

So they were just my points with it. Aside from that, I'm fine, particularly the public forums. I think that that addresses that well. We do have public speakers and so on. Councillor Kotlash. Thank

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Amanda Kotlash

You, Madam Mayor. Getting back to what you were saying before about the changes that are in red font, in our business paper on page 204, it says, making submissions on the draft model code, the Office of Local Government has asked for feedback from councils on whether any of the proposed non-mandatory provisions should be mandated. If there is a sufficient body of support for these from councils, these may be made mandatory in the final versions of the model meeting code. I took that as being if, and there's quite a lot of red, so if we don't go through this and say, oh, you know, we don't particularly want that particular item in, does that mean that if you don't make those exceptions, that this could be mandatory? And if such, just to be on the safe side, I'd like to—

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Mary Lyons-Buckett

Yeah, if you feel there are specific things that we should address as not wanting in there perhaps, which are in that category, perhaps we should proceed with including those just to cover ourselves so we know we've expressed that particular

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Amanda Kotlash

Direction. Okay. I'd like to amend the recommendation to include a point from eight. From section 8, 8.2 and 8.2.03, where it says the general order of business for an ordinary council should be, and it includes a prayer. And we have had the resolution of council that we don't have a prayer, so if that comes in as mandatory, do we have to go through that process again? Mr. Mifsud.

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Laurie Mifsud(staff - Director Corporate Services)

Thanks, Madam Mayor. I think what that's saying there is that council can adopt 8.2, or it can look at 8.1. So it says here the order of business as fixed under 8.1 or 8.2 delete whatever may be altered. So at a meeting, the general order of business is fixed by resolution of council, or they can adopt that order there. So I think there's flexibility there. So

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Official meeting record

Council decision and source documents

Outcome: Carried

81 Resolution

RESOLVED on the motion of Councillor Rasmussen, seconded by Councillor Reynolds.

That the Model Meeting Code Consultation - Hawkesbury City Council submission, as attached as Attachment 2 to this report, be forwarded to the Office of Local Government.

ORDINARY MEETING

SECTION 4 - Reports of Committees

Minutes:

27 February 2018

Item documents

Agenda item chapter 18

Councillor Questions From Previous Meeting And Responses.MP3

Sarah McMahon

Notices of motion. Questions from previous meeting. Any questions on questions, Councillor Richards? Thank you, Madam Mayor. Just a question in regards to the response to my question from the previous, that's in the business paper. It says here that there's been contact made with a number of universities regarding the possibility of tertiary students studying to become teachers to help. That wasn't, I don't know if that's, I mean, that wasn't part of my notice of motion, so I don't know. I mean, that's just a bit of a tangent, and I just think that, I don't know, maybe I'm simplifying things, but a program could have been written quite simply, and rather than having an actual program and stuff like that, it was more just an opportunity for schools to tour the chamber and have a sit-in session and a bit of a debate and a, you know, something like that.

So I don't know if there's too much emphasis being put on the intent. So I just wanted to maybe have a discussion or something like that about just making sure this program's up and running ASAP. Mr Conroy. Thank you.

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Danielle Wheeler

Thank you. Any further questions on questions? Councillor Wheeler. In relation to the question about the speed limit on Sackville Road, so it seems that we've put the proposal to move the speed limit sign, and we're not moving it very far, to the RMS, and they think that the speed limit is appropriate. Given that we've got residents and business owners who are voicing concerns about getting scuttled while trying to buy a cup of coffee, clearly the speed limit isn't appropriate. So could we go back to the RMS and perhaps suggest that they look at it afresh?

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Emma-Jane Garrow

Thank you. Any further? Councillor Garrow. I'm just wanting, in relation to my question, the property on the corner of Baker and George Street, just wanting to know if staff have followed up with the owner on the progress of those works and where they are. Mr Rawlins.

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Agenda item chapter 19

Questions For Next Meeting.MP3

John Ross

Sorry, first question is in relation to the Oasis, the outdoor pool facility, and whether it, as was suggested, would be investigated last year, will this year be open till the end of June, please.

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John Ross

They appear to be controlled by some sort of timing device because they cut off at seven o'clock a.m., but they are operating at some very odd hours of the earlier morning periods, which seem inappropriate.

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Paul Rasmussen

Thank you, Madam Mayor. And the state of repair of those. Now, my understanding is, and I could be wrong, so, is that if there is an emergency of some sort, that we use those two halls for temporary or emergency accommodation. I'm just wondering whether we could have a look at that and try and see what we can do to make those a little bit more sharp and a bit more accommodating to anybody who might need them as emergency accommodation in case of flood or whatever.

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Emma-Jane Garrow

Thank you. Councillor Garrow. Yeah, my question is in relation to Colonial Reserve in Bligh Park. There's been complaints from residents as to the lack of maintenance on the field, and there's major cracks within the field that are bearing them very difficult for use. The rugby league season has just commenced, and this is the main training ground for the Windsor Wolves Rugby League Club. And a lot of residents are complaining about the danger imposed on their children with the big cracks. They're also getting fined for parking. In various locations, and the request was could we use Council funds to repair the fields instead of paying a ranger to find the parents. Okay, Councillor Reynolds. Yeah

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Peter Reynolds

Point of question regarding a DA we approved this year for Grandview Lane last year. It was due to occupancy, and it was subject to a secondary aerated water treatment system being installed. Question is, has it been installed?

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Danielle Wheeler

Thank you, Councillor Wheeler. Thanks, Madam Mayor. Two questions. Could Council receive an urgent briefing relating to progress with Bushrangers Lagoon and wetlands? We've had more information come through in the last week. We've had another very nasty incident with turtles, this time at Bushrangers Lagoon. It appears to be

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Danielle Wheeler

Trapping and targeting of turtles with yabby traps. But we've also got concerns about earthworks and illegal irrigation, and I think Council needs to get on top of this issue, and Council laws need to be better informed about what's happening with this issue so that we can speak to members of the community who are concerned about it. Could we also address the issue raised by Mr Ryan tonight that the people picking up rubbish in Pitt Town are being targeted by drivers throwing glass bottles at them? Could Council make representation to the police to do something about that, and could we perhaps look at what Council can do to assist in this instance as well? It's not good enough that members of the community are being abused in this way whilst trying to do the right thing. Councillor

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Barry Calvert

Thank you, Madam Mayor. I spoke to a very elderly resident yesterday, and she was saying that she goes to the shopping centres to escape the heat. But all the local shopping centres appear to have less seating in them than they used to. And I know we don't actually make the seats, but is there some way we can maybe make representation to the shopping centres in Windsor and Richmond and such places to see if they can put a few more seats back in the place?

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Amanda Kotlash

Councillor Kotlash. Thank you, Madam Mayor. Just one question. The Access Committee might have a handle on this, but I'd like to know how many children we have in the LGA that are wheelchair bound, and roughly where they live. Thank you.

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Patrick Conolly

What is the cost of Council's in-kind support of the Koori Jong Udhovet event, including promotion, staff time, and why was this not reported to Council as is standard practice when Council supports events?

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Sarah McMahon

Thank you. What is Council doing about replacing the dead jacaranda and flame trees on the McGraths Hill flats? I don't know the history. I've been asked to ask the question. Apparently it's been two years for replanting, and apparently Rotary are paying for them, not Council. So can I get some feedback on where that issue is?

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Mary Lyons-Buckett

Thank you. I just have one. Can the Sports Council provide us with a calendar of major events that are being held here, and maybe the Showground Association as well? I just raise this because at the moment there is the state high school state cricket competition being held at the moment, and that means there's 13 teams—I mean there's 10 teams with 13 children, all their parents, coaches, all sorts of people. That's a lot of people coming into town. The feedback has been fantastic on our sporting facilities. People are so complimentary about them and the good job that the Sports Council obviously does. But it would be nice if we knew these things are on, so that we could go along and be able to support them.

And also, probably the Showground Association has a lot of events on that I often hear about after they've been on, and we don't even know they're on. So they're not our events, but they're sort of connected. So if we could ask those people for a calendar maybe for the year of what significant events are on, that would be good information for us. Thank you. Does someone move we go into confidential? Moved by Councillor Calvert, seconded Councillor Rasmussen. All those in favour?

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Agenda item chapter 20

Declaration Of Interest From Closed Session.MP3

Agenda item chapter 21

Decisions From Closed Session.MP3

Laurie Mifsud(staff - Director Corporate Services)

So in regard to item 58, Council whilst in closed session resolved on the motion of Councillor Conolly, seconded by Councillor Rasmussen, that Council: one, delegates authority to the Mayor to sign the Western Sydney City Deal on behalf of their council if they are satisfied with the response from the other levels of government; and two, notes that the council is not legally bound at this point should the Mayor decide to sign the City Deal document; and three, notes that a further report be brought back to Council prior to any binding commitments being made.

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Laurie Mifsud(staff - Director Corporate Services)

In regard to item 59, whilst in closed session Council resolved on the motion of Councillor Conolly, seconded by Councillor Wheeler, that one, Council appoint Erin Brocken as a community representative to the Environmental Sustainability Advisory Committee. In regard to item 60, Council whilst in closed session resolved on the motion of Councillor Conolly, seconded by Councillor Wheeler, that one, Council select the following expert representatives to add to the pool of expert members of the Hawkesbury Local Planning Panel, IHAP: David Broid, Juliette Grant. Two, should the two representatives outlined in part one of the resolution not be available to accept

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Laurie Mifsud(staff - Director Corporate Services)

Their appointment, the following expert representatives be added to the pool of expert members of the Hawkesbury Local Planning Panel, IHAP: Helen Mulcahy, Deb Sutherland, Jane Fielding. Three, advise the Department of Planning of the additional expert membership of the Hawkesbury Local Planning Panel. In regard to item 61, Council whilst in closed session resolved on the motion of Councillor Rasmussen, seconded by Councillor Calvert, that one , Council continue to pursue the outstanding debt owed by Hawkesbury House Pty Ltd and instruct its solicitors, Marsdens Law Group, to undertake the public examination process as outlined in this report. Two, authority be given for any documentation in association with this matter to be executed under the seal of Council where applicable. Notes that Councillor Conolly voted against this motion. Thanks.

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