The Shire of Hornsby

Executive Manager's Report No. PLN35/06
Planning Division
Date of Meeting : 02/22/2006

Item No: Subject:

1	PUBLIC SUBMISSIONS IN RESPECT OF HORNSBY QUARRY

PURPOSE

The purpose of this report is to:-

1. inform Council of the answers to the questions raised by Councillors and the community concerning the acquisition of Hornsby Quarry, and

2, provide legal advice from Mr T Robertson, Senior Counsel on the opportunities of challenging the Valuer General’s valuation of Hornsby Quarry (circulated separately under confidential cover).

BACKGROUND

Council at its Planning Meeting on 20 July, 2005 considered Executive Manager’s Report No. PLN194/05 which outlined the actions taken by Council to challenge the valuation of Hornsby Quarry by the Valuer-General. Council received a number of representations at the Planning Meeting and resolved that:-

1. Council note the contents of Executive Manager’s Report No. PLN194/05 outlining actions undertaken by Council to challenge the Valuer-General's valuation of Hornsby Quarry.

2. Council note the invitation by the Deputy Mayor at the meeting for residents presenting to Council, to make written submissions by the close of business on Friday, 29 July, 2005.

3. A copy of all submissions received by Friday, 29 July, 2005 be circulated to Councillors as soon as possible.

4. A report be prepared for Council's consideration regarding the written submissions received by 29 July, 2005.

5. All written submissions received by 29 July, 2005 be responded to in writing.

Council subsequently resolved at the Workshop meeting on 27 July, 2005:-

THAT following receipt of the report responding to community and Councillor questions surrounding the compulsory acquisition of the Quarry and consequent actions by Council, that Council refer the whole matter to the Department of Local Government for their investigation and recommendation.

DISCUSSION

Submissions were received from the following:-

Name	Date of Submission
Mr B Eichstaedt	Representation at Planning Meeting on 20 July, 2005. 26 & 28 July, 2005.
Pennant Hills District Civic Trust	Representations at Planning Meeting on 20 July 2005. 23 July, 2005.
Councillor Jan Dekker	1 August, 2005.
Mrs A Bruins	3 August, 2005.
Mr J Nagy	Representation at Planning Meeting on 20 July, 2005. 27 July, 2005.
Mr Peter Waite	Representations at Planning Meeting on 20 July 2005. 25, 29 July & 5 August, 2005.
Mr Clive Troy	Representation at Planning Meeting on 20 July, 2005.
Mr Neville Diamond	Representation at Planning Meeting on 20 July, 2005.
Ms Lucy Bal	Representation at Planning Meeting on 20 July, 2005. 29 July, 2005.
Mr A Williams	28 July, 2005.
Councillor Janelle McIntosh	9 August, 2005.

The submissions contained one hundred and eighty six (186) questions.

The answers to the questions raised in the submissions are provided in Appendix 1. The answers have been provided by Council’s administration, and Mr Tim Robertson, Senior Counsel, who has been retained to advise Council on opportunities of challenging the Valuer-General’s valuation, and to provide answers to some of the questions contained in the submissions.

The answers to the questions conclude:-

1. Council was at all times properly advised of the progression of the acquisition of Hornsby Quarry. (Refer to the answers to Questions 30, 33, 78, 126, 150, 161, 162, 167, 169 and 172).

2. Council, in acquiring Hornsby Quarry, acted lawfully, and on the advice of Council’s Solicitors and five Senior Counsel. (Refer to the answers to Questions 14, 45, 47 to 49, 61 to 63, 85, 96, 100, 106, 107, 125, 127, 128, 167 and 178).

3. Council did not commit to proposals by CSR Limited to redevelop the Quarry because on legal advice concerning the potential impacts on acquisition costs of so doing. (Refer to the answers to Questions 44, 86, 99 and 101).

4. Council explored every opportunity available to challenge the necessity to acquire Hornsby Quarry and the determination of compensation by the Valuer-General. Council was advised by its legal advisors that there were no legal challenges available to Council. (Refer to the answers to Questions 14, 40, 55, 56, 62, 64 to 66, 71, 72, 96, 97, 114 and 167).

5. The constraints of Hornsby Quarry were thoroughly researched and documented. (Refer to the answers to Questions 22, 29, 50, 51, 71, 75, 90, 97, 103, 109 to 112, 122, 132 to 134, 141, 142, 144, 146, 147 and 152).

6. Council’s valuation report was comprehensive and did not omit important information. (Refer to the answers to Questions 34, 38, 50, 51, 54, 60, 77, 90, 107, 111, 112 and 141).

7. Council commenced proceedings in the Supreme Court of New South Wales to challenge the valuation. Upon receipt of advice from Senior Counsel, Council agreed to Consent Orders in the proceedings requiring the payment of compensation to CSR Limited. (Refer to the answers to Questions 114 and 167).

8. Council had no right of appeal in respect of the determination by the Valuer-General and was bound to offer CSR Limited payment of compensation. (Refer to the answers to Questions 40, 44 and 45).

9. Council made representations to the State Government to amend the Land Acquisition (Just Terms Compensation) Act 1991 to provide a right of appeal against the determination of the compensation payable by an acquiring authority. (Refer to the answer to Question 15).

10. Developer contributions were not available to fund the Hornsby Quarry acquisition. (Refer to the answers to Questions 16, 80, 81, 84, 95 and 119).

11. The rehabilitation of Hornsby Quarry was not the legal responsibility of CSR Limited. (Refer to the answers to Questions 79, 91 and 135).

12. The raising of loan funds to pay for the Quarry was conducted lawfully. (Refer to the answers to Questions 36, 46, 59, 60, 67, 69, 70, 73, 109, 119, 121 to 123, 153 and 154).

13. Council has met its financial reporting obligations. (Refer to the answers to Questions 129 and 164).

14. The planning reports prepared by Parsons Brinckerhoff have confirmed that, in consideration of the site constraints, Hornsby Quarry and its environs have urban land capability. (Refer to the answers to Questions 35, 37, 42, 54, 103, 108, 109, 110 and 115).

15. Council is currently exploring further options to resolve the planning and financial challenges of the site. (Refer to the answers to Questions 18, 20 to 25, 37, 41, 67, 68, 105, 112 and 119).

POLICY

Council is reviewing its Open Space Land Acquisition Programme during the current financial year as part of its Strategic Planning Programme.

BUDGET

The budget to fund the planning study for Hornsby Quarry and Environs has been spent. Further expenditure on site investigations will require an allocation of funds by Council.

CONSULTATION

The General Manager, the Executive Managers Works Division, Environment Division and Strategy Division, the Manager, Town Planning Services, the Manager, Finance, Council's solicitors and Mr Tim Robertson, Senior Counsel, were consulted in the preparation of this report.

RESPONSIBLE OFFICER

The responsible officer is Mr Peter Hinton, Executive Manager, Planning Division, telephone 9847 6750.

RECOMMENDATION

THAT:

A. Council refer the questions and answers on the Hornsby Quarry compulsory acquisition to the Department of Local Government for consideration.

B. Council consider the legal advice provided by Mr Tim Robertson, Senior Counsel, in confidential session and determine what action should ensue.

PETER HINTON ROBERT BALL
Executive Manager General Manager
Planning Division

PH:JT

Attachments: Appendix 1: Answers to Questions in Submissions (96 Pages)