Design Excellence Advisory Panel Terms of Reference

Hornsby Shire Council is committed to ensuring new medium to high density buildings are of a high quality design. The Design Excellence Advisory Panel (‘the Panel’) evaluates and critiques design aspects of proposed development and provides recommendations as to whether development exhibits “Design Excellence”. Applicants are encouraged to attend the Design Excellence Advisory Panel prior to lodgement of a relevant Development Application to reduce potential delays during the assessment process post lodgement.

Purpose

1.1  The role of the Design Excellence Advisory Panel (the Panel) is to provide independent, expert and impartial design advice on the design quality of development within the Hornsby Shire in accordance with the requirements of the Hornsby Development Control Plan, Hornsby Local Environmental Plan and the Apartment Design Guidelines.

1.2  The Panel informs the assessment process by supporting proponents and assessing officers to achieve better outcomes which reflect the future desired character of Hornsby Shire.

1.3  The role of the Panel is advisory only. Recommendations or comments provided by the Panel inform the development assessment process, but do not bind the consent authority.

1.4  The Panel reviews the following development types of development:

• Any development that will result in a building with a height of more than 29.6 metres; or
• Any development comprising a residential flat building or mixed-use development; or
• Any attached dwelling, multi dwelling housing, townhouse development; or
• Any development for which in the opinion of the Manager, Development Assessments is required to achieve design excellence; or
• Any strategic planning matters for which design excellence is relevant.

Functions of the Panel

2.1  The Panel provides the consent authority with recommendations on the design elements of a proposed development and may include recommendations on amendments to the design of the development.

2.2  The Panel provides advice on applications for development in accordance with:

• The Hornsby Local Environmental Plan
• The Hornsby Development Control Plan; and
• Any other plan, policy or guide applicable to the development to ensure the built form and design respond to the site characteristics and locality.

Panel Membership

3.1  The pool of Panel members must demonstrate an understanding of the values and desired development outcomes of Hornsby Shire. Extensive experience is required within one or more of the following disciplines:

• Architecture
• Landscape Architecture
• Urban Design
  Members will be suitably qualified for membership of their relevant professional body.

3.2  The Panel comprises a pool of up to 9 members.

3.3  A quorum comprises 3 members.

3.4  Panel members will be selected following an expression of interest. Should a selected Panel member choose to resign their position, Council may approach a new candidate from the list of respondents.

3.5  Panel member tenure is for a period of 3 years.

3.6  Panel Chairs will be selected from the pool of Panel members.

3.7  If the Agreement is extended or ended, Council will give at least 1 month written notice to the Panel members of its decision to extend or end the term.

Panel Management

4.1  The Panel is established in accordance with the requirements of the Hornsby Local Environmental Plan.

4.2  A Council appointed Panel Coordinator convenes meetings including advising Panel members required for each meeting and coordinating meetings and agendas.

4.3  Panel members must declare any conflicts of interest that arise on receipt of the meeting agenda and indicate to the Panel Coordinator if, as a result of any conflict, they are unable to participate at a meeting.  On receipt of any such declaration, an alternative Panel member will be selected for the meeting by the Panel Coordinator from the pool of Panel experts.

Role of the Chair

5.1  The Chair is responsible for:

• Ensuring the orderly conduct of the meeting.
• Calling for declarations of interest by Panel members.
• Ensuring adequate consideration has been given to the application of the design excellence criteria contained in Clause 6.8 of the Hornsby Local Environmental Plan.
• Endorsing meeting reporting, clarifying and summarising the Panels comments and recommendations.
• Monitoring due process; and
• Liaising with the Panel Coordinator and other Council staff about the operation of the Panel, as required.

Meetings and advice

6.1  The Panel is convened on an as required basis as determined by the Manager Development Assessments. The number of applications considered by the Panel at a meeting will be dependent on the nature and complexity of the applications.

6.2  Each meeting will comprise:

• Briefing to Panel members by Council officers
• Presentation from proponent
• Panel questions and review
• Chair summary of advice
• Panel debrief and review of draft report
  
  Note: It is anticipated that Panel members attend the site and undertake an inspection from the public domain prior to the meeting.  If the Panel is required to enter a site, an inspection will be convened by the Panel Coordinator.

6.3  Final advice and recommendations will be recorded and endorsed by the Chair and will be distributed by Council to the assessing officer and proponent team within 14 days of the review.

Meeting attendance

7.1  The proponent’s architect will present to the Panel and must attend all panel sessions relevant to the proponent’s application. Up to five key members of the proponent team (including the lead architect) are invited to attend the meeting to respond to any questions from the Panel.

7.2  Council officers may attend the meeting to observe the proceedings and assist the Panel when requested by the Chair.

Dealing with interests

8.1  All Panel members must adhere to Council’s Public Interest Disclosures Policy. Any interests must be declared.

Confidentiality

9.1  All information relating to any proposal undertaking design review prior to lodgement of a Development Application is communicated to Panel members and review attendees in the strictest confidence. Upon lodgement of a Development Application, the final recommendations and advice which have been informed by the panel may be made available during any notification period.

Panel member remuneration

10.1  Panel member remuneration is on a fixed fee basis, determined by the number of review sessions they are required to attend. The following fees exclude GST and include preparation time and travel costs:

Meeting Procedure

11.1  A meeting schedule is determined by the Manager Development Assessments on an as required basis.

11.2  Meeting agendas are prepared by Council officers and circulated to Panel Members.

11.3  Panel meetings are held via teleconference and are not open to the public.

11.4  Applicants are invited to attend the Panel meeting and are provided an opportunity to present their development concept (maximum 30 minutes) and to respond to questions from the Panel members.

11.5  The Panel Chair prepares a draft report based on the Panel members’ comments. The report details the Panel’s evaluation of the design merits of the proposal and outline any further recommended design amendments or proposed conditions of development consent relevant to the achievement of design excellence.

11.6  The comments of the Panel must refer to the consistency of the proposal with the design excellence provisions of the Hornsby LEP and any other relevant planning instruments that apply to the development.

11.7  The draft report is reviewed and approved by the Panel members prior to distribution to Council officers. The report consists of the following sections:

• A statement of status and purpose of the meeting.
• Attendance
• Apologies
• Declarations of Interest; and
• A record of advice and recommendations made by the Panel with reference to the relevant design excellence planning controls.

11.8  The Panel’s recommendation must be provided to the relevant Development Assessment Officer and the applicant within two weeks of the meeting.

Conduct Protocols for Participants

12.1  The provisions of Council's Code of Conduct apply.

12.2  All Panel members as well as other participants are expected to observe the following protocols:

12.2.1  General Responsibilities:

• Be courteous to other Panel members, Council officers and Councillors.
• Help to create an environment that is free of harassment and discrimination; and
• Protect the health, safety and welfare of yourself and others at meetings and related activities.

12.2.2  Declarations of Interest:

• Panel members are required to disclose any personal (non-pecuniary) or financial (pecuniary) interest in a matter under discussion,
• Particularly when the interest is one of a pecuniary nature. Such declarations will be noted in the minutes.

12.2.3  Gifts or Benefits - Panel members should not offer to a Councillor or council staff member a gift or benefit that is:

• Designed to gain advantage for yourself or a group you represent; or
• May be perceived by the public to give advantage to you or a group you represent.

12.2.4  Alcohol and Drugs - Panel members and participants shall not attend meetings whilst under the influence of alcohol or other drugs that could impair your ability or cause danger to the safety of yourself or others.

Note: Council reserves the right to change the procedures manual and terms of reference as required, subject to the written agreement of the Panel Members.