BUSINESS PAPER

 

Planning Meeting

 

Wednesday, 3 June, 2009

at 6:30pm

 

 

 

 

 

 


Hornsby Shire Council

Table of Contents

Page 1

 

 

 

TABLE OF CONTENTS

 

AGENDA AND SUMMARY OF RECOMMENDATIONS

Mayoral Minutes

Notices of Motion

Rescission Motions

Item 1     RM1/09 Rescission Motion - Development Application - Seniors Living Development 14A and 16 Murray Road Beecroft  

MATTERS OF URGENCY

ITEMS PASSED BY EXCEPTION / CALL FOR SPEAKERS ON AGENDA ITEMS

DEVELOPMENT APPLICATIONS

A Ward Deferred

A Ward

Item 2     PLN38/09 Development Application - Residential - Alterations and Additions
44 Brooklyn Road Brooklyn

B Ward Deferred

Item 3     PLN39/09 Development Application - Erection of a dwelling-house
16B Osborn Road, Normanhurst

B Ward

Item 4     PLN33/09 Development Application - Erection of a  7 storey mixed use building
The Walk, 228 - 234 Pacific Highway Hornsby

Item 5     PLN34/09 Section 82A Review- Erection of a Dwelling-House
16C Osborn Road, Normanhurst

Item 6     PLN35/09 Development Application - Educational Establishment
Barker College, 91 Pacific Highway Hornsby

Item 7     PLN41/09 Development Application - Section 96 (2) - Erection of an 11 Storey Mixed Use Building
135-137 Pacific Highway, Hornsby

C Ward Deferred

C Ward

Item 8     PLN36/09 Development Application - Section 96(2) - Subdivision of one lot into two
8 Chorley Avenue Cheltenham

Item 9     PLN37/09 Development Application - Registered Club - Alterations and additions  
103 - 109 New Line Road Cherrybrook

General Business

Item 10   PLN22/09 Heritage Review Stage 4

Item 11   PLN43/09 Request for Local Nominations for the Joint Regional Planning Panels

Item 12   PLN44/09 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 - Local Exclusions and Variations  

Questions of Which Notice Has Been Given   

SUPPLEMENTARY AGENDA 

QUESTIONS WITHOUT NOTICE

 


Hornsby Shire Council

Agenda and Summary of Recommendations

Page 1

 

 

 

AGENDA AND SUMMARY OF RECOMMENDATIONS

 

PRESENT

NATIONAL ANTHEM

OPENING PRAYER/S

 

Rev. Neil Dawson from Thornleigh Community Baptist Church will be opening the Meeting in prayer.

 

Acknowledgement of RELIGIOUS DIVERSITY

Statement by the Chairperson

 

“We recognise our Shire's rich cultural and religious diversity and we acknowledge and pay respect to the beliefs of all members of our community, regardless of creed or faith."

 

ABORIGINAL RECOGNITION

Statement by the Chairperson: 

 

"We recognise the traditional inhabitants of the land we are meeting on tonight, the Darug and Guringai Aboriginal people, and respect is paid to their elders and their heritage."

 

AUDIO RECORDING OF COUNCIL MEETING

Statement by the Chairperson:

 

"I advise all present that tonight's meeting is being audio recorded for the purpose of assisting in the accuracy of the Minutes.  The recordings may be accessed by members of the public once the Minutes have been finalised and speakers are requested to ensure their comments are relevant to the issue at hand and refrain from making personal comments or criticisms."

 

APOLOGIES

declarations of interest

Clause 52 of Council’s Code of Meeting Practice (Section 451 of the Local Government Act, 1993) requires that a councillor or a member of a Council committee who has a pecuniary interest in a matter which is before the Council or committee and who is present at a meeting of the Council or committee at which the matter is being considered must disclose the nature of the interest to the meeting as soon as practicable.  The disclosure is also to be submitted in writing (on the form titled “Declaration of Interest”).

 

The Councillor or member of a Council committee must not be present at, or in sight of, the meeting of the Council or committee:

 

(a)      at any time during which the matter is being considered or discussed by the Council or committee.

 

(b)      at any time during which the Council or committee is voting on any question in relation to the matter.

 

Clause 51A of Council’s Code of Meeting Practice provides that a Councillor, Council officer, or a member of a Council committee who has a non pecuniary interest in any matter with which the Council is concerned and who is present at a meeting of the Council or committee at which the matter is being considered must disclose the nature of the interest to the meeting as soon as practicable.  The disclosure is also to be submitted in writing (on the form titled “Declaration of Interest”).

 

If the non-pecuniary interest is significant, the Councillor must:

 

a)     remove the source of conflict, by relinquishing or divesting the interest that creates the conflict, or reallocating the conflicting duties to another Council official.

 

OR

 

b)     have no involvement in the matter by absenting themself from and not taking part in any debate or voting on the issue as if the provisions of Section 451(2) of the Act apply.

 

If the non-pecuniary interest is less than significant, the Councillor must provide an explanation of why they consider that the interest does not require further action in the circumstances.

 

Political Donations Disclosure

 

Statement by the Chairperson:

 

“I advise all present that a Political Donations Disclosure Statement pursuant to Section 147(3) of the Environmental Planning and Assessment Act 1979 must be made in the event that a person has made or a Councillor or political party has received a gift or political donation from any person or organisation, including a person or organisation making a submission to an application or other planning matter, listed on the Planning Meeting agenda.”

 

confirmation of minutes

THAT the Minutes of the Planning Meeting held on 6 May, 2009 be confirmed; a copy having been distributed to all Councillors.

petitions

Mayoral Minutes

Notices of Motion

Rescission Motions

Page Number

Item 1        RM1/09 Rescission Motion - Development Application - Seniors Living Development 14A and 16 Murray Road Beecroft

COUNCILLOR Martin TO MOVE

 

THAT the resolution adopted at the Planning Meeting held on 6 May 2009 in respect of Item 4, Development Application - Seniors Living Development 14A and 16 Murray Road, Beecroft, namely:-

“THAT Development Application No. 1349/2008 for demolition of the existing rear dwelling and construction of a Seniors Living development comprising 11 self-contained dwellings, including refurbishment of the existing dwelling at the frontage, at Lot 115 DP 1136664 and Lot 1 DP 509627 (No. 14A & No. 16) Murray Road, Beecroft, be approved subject to conditions of consent detailed in Schedule 1 attached to Report No. PLN26/09 as amended by the following requirements:

1.       Condition 9 be amended to read:

            Dilapidation Report

A ‘Dilapidation Report’ must be prepared by a ‘chartered structural engineer’ detailing the structural condition of the following adjoining properties:

 

a)    No. 138A Beecroft Road, Beecroft.

 

b)    Nos. 144-146 Beecroft Road (Chesalon Nursing Home) Beecroft; and

 

c)    No. 18A Murray Road, Beecroft.

 

2.       Condition 34 - Boundary Fencing – be amended to allow an additional privacy screen to be constructed on the fence which forms the common boundary with 18A Murray Road, in the event that the owner of 18A Murray Road is not satisfied that the original fence is sufficient to maintain privacy between the properties”. 

 

be, and is hereby rescinded.

 

NOTE:             THE ABOVE RESCISSION MOTION IS SUPPORTED BY

COUNCILLORS MCMURDO, BROWN AND HUTCHENCE.

 

NOTE:             In the event of the proposed Rescission Motion being adopted, the following motion is proposed.

 

"THAT consideration of Development Application - Seniors Living Development - 14A and 16 Murray Road, Beecroft be deferred to enable:

1.      The comments from Council’s Bushland and Biodiversity Team to be provided.

 

 

2.      Confirmation of the number of trees proposed to be removed and identification of the intersection where the traffic lights are located.”

MATTERS OF URGENCY

ITEMS PASSED BY EXCEPTION / CALL FOR SPEAKERS ON AGENDA ITEMS

Note:    

Persons wishing to address Council on matters which are on the Agenda are permitted to speak, prior to the item being discussed, and their names will be recorded in the Minutes in respect of that particular item.

 

DEVELOPMENT APPLICATIONS

A Ward Deferred

A Ward

Page Number

Item 2        PLN38/09 Development Application - Residential - Alterations and ADDITIONS
44 Brooklyn Road Brooklyn

 

RECOMMENDATION

 

THAT Development Application No. 15/2009 for the erection of a double garage at Lot 1 Sec B DP 5527 – 44 Brooklyn Road Brooklyn be approved subject to the conditions of consent detailed in Schedule 1 of this report.

 

B Ward Deferred

Page Number

Item 3        PLN39/09 Development Application - Erection of a dwelling-house
16B Osborn Road, NORMANHURST

 

RECOMMENDATION

 

THAT Development Application No. DA/1641/2008 for the erection of a split level, one and two storey dwelling-house at Lot 18, DP 1120186, No. 16B Osborn Road, Normanhurst be approved subject to the conditions of consent detailed in Schedule 1 of this report.

 

B Ward

Page Number

Item 4        PLN33/09 Development Application - Erection of A 7 storey mixed use building
The Walk, 228 - 234 Pacific Highway Hornsby

 

RECOMMENDATION

 

THAT Development Application No. 1564/2008 for the erection of a seven storey mixed use development incorporating retail and commercial floor space and thirty two residential units at Lot A and B DP 304557 (No. 228 – 234) Pacific Highway, Hornsby be approved subject to conditions of consent detailed in Schedule 1 of this report.

 

Page Number

Item 5        PLN34/09 Section 82A Review- Erection of a Dwelling-House
16C Osborn Road, Normanhurst

 

RECOMMENDATION

 

THAT Development Application No. DA/432/2008, the subject of a Section 82A review for the erection of a one and two storey dwelling-house at Lot 17, DP 1120186, No. 16C Osborn Road, Normanhurst be approved subject to the conditions of consent detailed in Schedule 1 of this report.

 

Page Number

Item 6        PLN35/09 Development Application - Educational Establishment
Barker College, 91 Pacific Highway Hornsby

 

RECOMMENDATION

 

THAT Development Application No. 81/2009 for alterations and additions to the existing Barker College Junior School and construction of a multi-purpose hall at No. 91 Pacific Highway Hornsby, Nos. 2-10 Unwin Road Waitara & Nos. 1-11 The Avenue Waitara be approved subject to the conditions of consent detailed in Schedule 1 of this report.

 

Page Number

Item 7        PLN41/09 Development Application - Section 96 (2) - Erection of an 11 Storey Mixed Use Building
135-137 Pacific Highway, Hornsby

 

RECOMMENDATION

 

THAT Section 96(2) Application to modify Development Consent No. 1586/2001 for the construction of a mixed use development comprising 70 residential units and three levels of commercial units at Lot 1 DP 606694, Lot 2 DP 606694 (Nos. 135-137) Pacific Highway and Pound Road Reserve, Hornsby be refused for the reasons detailed in Schedule 1 of the independent town planning consultant’s report – Nexus Environmental Planning Pty Ltd.

 

C Ward Deferred

C Ward

Page Number

Item 8        PLN36/09 Development Application - Section 96(2) - Subdivision of one lot into two
8 Chorley Avenue Cheltenham

 

RECOMMENDATION

 

THAT Council approve the modification to Development Application No. 1202/2008/A for subdivision of one lot into two by deleting condition No. 16(d) at lot 144 DP 12364 (No. 8) Chorley Avenue Cheltenham as, detailed in Schedule 1 of this report.

 

Page Number

Item 9        PLN37/09 Development Application - Registered Club - Alterations and additions  
103 - 109 New Line Road Cherrybrook

 

RECOMMENDATION

 

THAT Development Application No. 144/2009 for alterations and additions to an existing registered club at Lot 2 DP 367373, Nos. 103-109 New Line Road Dural be approved subject to conditions of consent detailed in Schedule 1 of this report.

 

General Business

Page Number

Item 10      PLN22/09 Heritage Review Stage 4

 

THAT

 

1.       Council endorse the recommendations of Executive Manager’s Report No. PLN22/09  to include, remove and amend items on the heritage list and progress as part of an        Annual Amending LEP.

 

2.       Council investigate inclusion of the following items for heritage listing as part of the           next Heritage Review:

 

       2.1  Two (2) Eucalypt trees within Hillcrest Road, Pennant Hills; and

    2.2  Bottle Tree at No. 164 Ray Road, Epping.

 

3.      All persons who made submissions and affected property owners be advised of Council’s resolution.

 

 

Page Number

Item 11      PLN43/09 Request for Local Nominations for the Joint Regional Planning Panels

 

 

 

 

THAT

 

1.   Council nominates the Mayor and the Executive Manager Planning as local members and the General Manager as the alternative local member of the Joint Regional Planning Panel for a period of up to three years.

 

2.   Council receives a report twelve months following the commencement of the Joint Regional Planning Panel outlining the implications of the Panel in its first twelve months and options to expand community involvement/membership of the Panel.

 

Page Number

Item 12      PLN44/09 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 - Local Exclusions and Variations

 

THAT

 

1.       Council not make a submission for a local exclusion or variation from State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 at         this stage.

 

2.       Council monitor and evaluate the built form outcomes facilitated by the SEPP as part of the review of Council’s residential controls to commence in the middle of the year in     accordance with the Strategic Planning Programme.

 

3.       Council make further representations to the Department of Planning requesting that the    draft LEPs for proposed heritage conservation areas at East Epping and Essex Street     Amendment No. 76), Mount Errington (Amendment No. 84) and Rosebank Avenue    (Amendment No. 86) be gazetted as a matter of urgency.

  

GENERAL BUSINESS

 

·               Items for which there is a Public Forum Speaker

·               Public Forum for non agenda items

·               Balance of General Business items

 

Questions of Which Notice Has Been Given   

 

SUPPLEMENTARY AGENDA 

QUESTIONS WITHOUT NOTICE

 


 


 

Rescission Motion No. RM1/09

Date of Meeting: 3/06/2009

 

1        RESCISSION MOTION - DEVELOPMENT APPLICATION - SENIORS LIVING DEVELOPMENT 14A AND 16 MURRAY ROAD BEECROFT   

 

 

 

COUNCILLOR Martin TO MOVE

 

THAT the resolution adopted at the Planning Meeting held on 6 May 2009 in respect of Item 4, Development Application - Seniors Living Development 14A and 16 Murray Road, Beecroft, namely:-

“THAT Development Application No. 1349/2008 for demolition of the existing rear dwelling and construction of a Seniors Living development comprising 11 self-contained dwellings, including refurbishment of the existing dwelling at the frontage, at Lot 115 DP 1136664 and Lot 1 DP 509627 (No. 14A & No. 16) Murray Road, Beecroft, be approved subject to conditions of consent detailed in Schedule 1 attached to Report No. PLN26/09 as amended by the following requirements:

1.       Condition 9 be amended to read:

            Dilapidation Report

A ‘Dilapidation Report’ must be prepared by a ‘chartered structural engineer’ detailing the structural condition of the following adjoining properties:

 

a)    No. 138A Beecroft Road , Beecroft.

 

b)    Nos. 144-146 Beecroft Road (Chesalon Nursing Home) Beecroft; and

 

c)    No. 18A Murray Road, Beecroft.

 

2.       Condition 34 - Boundary Fencing – be amended to allow an additional privacy screen to be constructed on the fence which forms the common boundary with 18A Murray Road, in the event that the owner of 18A Murray Road is not satisfied that the original fence is sufficient to maintain privacy between the properties”. 

 

be, and is hereby rescinded.

 

NOTE:             THE ABOVE RESCISSION MOTION IS SUPPORTED BY

COUNCILLORS MCMURDO, BROWN AND HUTCHENCE.

 

NOTE:             In the event of the proposed Rescission Motion being adopted, the following motion is proposed.

 

"THAT consideration of Development Application - Seniors Living Development - 14A and 16 Murray Road, Beecroft be deferred to enable:

1.      The comments from Council’s Bushland and Biodiversity Team to be provided.

2.       Confirmation of the number of trees proposed to be removed and identification of the     intersection where the traffic lights are located.”

 

 

1.View

Planning Report No PLN26/09 complete with attachments

 

 

 

 

File Reference:           F2008/00135

Document Number:   D01158730

   


 

Planning Report No. PLN38/09

Date of Meeting: 3/06/2009

 

2        DEVELOPMENT APPLICATION - RESIDENTIAL - ALTERATIONS AND ADDITIONS
44 BROOKLYN ROAD BROOKLYN
   

 

 

Development Application No:

DA/15/2009

Description of Proposal:

Erection of a double garage.

Property Description:

44 Brooklyn Road, Brooklyn

Applicant:

Steel Modular Systems

Owner:

Mr T Coles

Statutory Provisions:

Hornsby Shire Local Environmental Plan 1994

Environmental Protection B (River Catchment) Zone

Estimated Value:

$17,750

Ward:

A

 

 

RECOMMENDATION

 

THAT Development Application No. 15/2009 for the erection of a double garage at Lot 1 Sec B DP 5527 – 44 Brooklyn Road Brooklyn be approved subject to the conditions of consent detailed in Schedule 1 of this report.

 

 

EXECUTIVE SUMMARY

 

1.         The application proposes the erection of a double garage on an existing residential property.

 

2.         The proposal complies with the provisions of the Hornsby Shire Local Environmental Plan 1994.

 

3.         The proposal does not comply with the provisions of the Brooklyn Development Control Plan in relation to the side setback. 

 

4.         Two submissions have been received objecting to the proposal. Councillors have placed a Red Sticker against the application.

 

5.         It is recommended that the application be approved.

 

 

 

THE SITE

 

The site has an area of 3642m2 and is located on the southern side of Brooklyn Road, approximately 60m from the Hawkesbury River. The topography of the site is steep sloping and experiences an average gradient of 28.8% to the north.

 

The site is trapezoidal in shape, with a width of approximately 25m. The site currently contains a two storey dwelling, located in a cleared area adjacent to Brooklyn Road. Vehicular access is via a driveway located on the western side of the front property boundary that curves around to the east, widening to provide 2 car parking spaces within an unenclosed carport. To the rear of the dwelling lies dense native bushland, occupying the remaining site area.

         

The site is bordered by Brooklyn Road to the north, residential dwellings to the west, a vacant lot to the east and the Sydney to Newcastle rail line to the south.

 

THE PROPOSAL

 

The application proposes the erection of a double garage on the site. The garage is proposed within the footprint of the existing uncovered carport which is to be demolished under the proposal. The garage is proposed to be rectangular in shape measuring 6m x 8m for a total area of 48m2. The garage would be constructed from horizontal steel cladding. Details of the colour of the cladding were not specified by the applicant.  Vehicular access to the site would remain unchanged.

 

ASSESSMENT

 

The development application has been assessed having regard to the matters for consideration prescribed under Section 79C of the Environmental Planning and Assessment Act 1979 (the Act).  Subsequently, the following issues have been identified for further consideration.

 

1.         STRATEGIC CONTEXT

 

1.1       Metropolitan Strategy – (Draft) North Subregional Strategy

 

The Metropolitan Strategy is a broad framework to secure Sydney’s place in the global economy by promoting and managing growth.  It outlines a vision for Sydney to 2031; the challenges faced, and the directions to follow to address these challenges and achieve the vision.  The draft North Subregional Strategy acts as a framework for Council in the preparation of a new Principal LEP by 2011.

 

The draft Subregional Strategy sets the following targets for the Hornsby LGA by 2031:

 

·     Employment capacity to increase by 9,000 jobs; and

·     Housing stock to increase by 11,000 dwellings.

 

The proposal is not inconsistent with the aims and objectives of the strategy.

 

2.         STATUTORY CONTROLS

 

 

 

 

Section 79C(1)(a) requires Council to consider “any relevant environmental planning instruments, draft environmental planning instruments, development control plans, planning agreements and other prescribed matters”.

 

2.1       Hornsby Local Environmental Plan 1994

 

The subject land is zoned Environmental Protection B (River Catchment) under the Hornsby Shire Local Environmental Plan 1994 (HSLEP).  The objectives of the Environmental Protection B (River Catchment) zone are:

 

(a)     To protect the natural environment of sensitive areas within the catchment of the Hawkesbury River.

 

(b)     To protect the valleys and escarpments within the catchment of the Hawkesbury River and accommodate land uses, including housing, that recognises the environmental sensitivity of the area.

 

(c)     To protect the scenic quality of visually prominent areas and water quality within the catchment of the Hawkesbury River.

 

The proposed development is ancillary to a ‘dwelling house’ under the HSLEP and is permissible in the zone with Council’s consent.

 

2.2       Sydney Regional Environmental Plan No. 20 – Hawkesbury Nepean River

 

The site is located within the catchment of the Hawkesbury-Nepean River and requires consideration against the provisions of SREP No. 20. The aim of the plan is to protect the environment of the Hawkesbury-Nepean River system including its visual and aquatic quality.

 

The proposal is located approximately 85m from the waterline and will be sympathetic to the natural character of the riverine area. The garage would be constructed over the existing slab, with minimal land area requiring excavation. As such, the proposal would not involve unnecessary landform modification and would not impact upon the water quality of the area.

 

The garage is proposed in an area of the site currently containing one tree and would not impact upon the bushland to the south of the existing dwelling.  Council’s tree assessment concluded that the removal of the tree would not be significant.

 

The proposal is to be constructed with a horizontal cladding profile sympathetic with the surrounding area. A condition is recommended that the proposed garage be finished in a colour selected from Appendix C – Colour Pallete of the Brooklyn Development Control Plan. The streetscape along Brooklyn Road shows no clear consistency in character. As such, the scenic quality of the area would not be compromised by the proposal as it does not represent an unusual or extraordinary feature of the existing riverine corridor in the area.  The proposal would not affect any items of cultural significance.

 

2.3       Brooklyn Development Control Plan

 

The proposed development has been assessed having regard to the relevant performance and prescriptive design standards contained within Council’s Brooklyn Development Control. 

 

 

The following table sets out the proposal’s compliance with the prescriptive standards of the Plan:

 

 

 

Brooklyn Development Control Plan

Control

Proposal

Requirement

Compliance

Floor Space Ratio

 

0.078:1

 

0.4:1

 

Yes

Height

3.229m

2 storeys

Yes

Car Parking

 

2 spaces

 

2 spaces

 

Yes

Site Cover

4.96%

40%

Yes

Setbacks

Front

(north)

 

4.14m

 

3m

 

Yes

Side (west)

 

4.5m

 

1m

 

Yes

Side (east)

0.5m

1m

No

Rear (south)

 

120m

 

3m

 

Yes

 

As detailed in the above table, the proposed development does not comply with the prescriptive standards for ‘Setback’s within Council’s Brooklyn DCP.  The matters of non-compliance are detailed below, as well as a brief discussion on compliance with relevant performance standards.

 

2.3.1    Setbacks

 

Under the Brooklyn Development Control Plan the minimum permissible side setback is 1m. The proposed minimum side (eastern) setback for the garage is 0.5m. This non-compliance is considered acceptable as outlined below.

 

The northern elevation of the garage would be situated a maximum of 1.38m from the side (eastern) boundary. The proposed development decreases the side setback as the structure runs south, with a minimum setback of 0.5m on the southern elevation. As such, the setback non-compliance only applies to a small triangular section (measuring 1.25m2) of the proposed garage.

 

 

 

 

The setback non-compliance would not impact on any adjoining properties as the site to the east is currently vacant. The construction of a future dwelling on the adjoining site could be undertaken in a manner that would overcome any adverse impacts.

 

It is considered that the prescriptive non-compliance with the side setback control is acceptable in this instance and would not result in any negative impacts.

 

 

2.3.2    Design

 

The garage is proposed to be constructed with horizontal steel cladding, giving the structure a weatherboard style appearance, with a pitched roof. This design is considered to be appropriate to the maritime setting and the early waterfront buildings found in the area. The colour is to be selected from the Appendix C – Colour Palette contained within the Brooklyn Development Control Plan.

 

A submission was received raising objections to the proposal on a number of grounds relating to the design of the proposal. These objections are discussed further below.

 

The submission raised concerns that the proposal would result in unacceptable glare on the adjoining residence. A condition is recommended requiring the proposal to be finished in a colour selected from Appendix C, Colour Pallete, of the Brooklyn Development Control Plan. These colours are earthy, dull tones, intended to allow buildings to complement the natural bushland and waterways of the Brooklyn area. It is considered that the use of these colours would remove the potential for excessive reflection of light from the proposal to the adjoining property.

 

The submission raised concerns that the proposal was of an excessive bulk and scale and would have a negative visual impact. The proposal was subsequently amended in response to this concern. The garage has been reduced by 2m in length and the floor area reduced by 12m2. Additionally, the amended plans deleted an open sided carport originally proposed to be attached to the western side of the enclosed garage.

 

The amended design is significantly below the numerical density control for the zone, and the proposal is not considered to represent an overdevelopment of the site. It is considered that the amendments have sufficiently addressed the potential impacts of the development with regard to its bulk and scale and the proposal would not have a negative impact on surrounding properties.

 

2.3.3    Height

 

The proposed garage would feature a low pitched roof with a ridge height of 3.2m and a minimum height of 2.7m. The height of the structure complies with the prescriptive measures contained within the ‘height’ element of the Brooklyn Development Control Plan. The proposed garage would be single storey and would not have any impacts with regard to overshadowing.

 

A submission was received raising objections to the proposal on grounds relating to the height of the proposal. These objections are discussed further below.

 

The submission raised concerns that the height and scale of the proposed garage would obscure the views to the Brooklyn town centre to the east from the front balcony of the

 

property, located at No. 42 Brooklyn Road. The dwelling at No. 42 Brooklyn Road enjoys uninterrupted views to the north and north east, due to a vacant lot located to the north across Brooklyn Road and the slope of the land. These views are of the Hawkesbury River and the surrounding bushland and are considered to be the primary views from the property. The view to the east is limited by several large trees and a large tourist facility situated at 55A Brooklyn Road. The amended plans have reduced the height of the garage further, thereby reducing the potential impact. It is considered that the proposal would not result in an unacceptable loss of views for the adjacent dwelling.

 

2.4       Car Parking Development Control Plan

 

Under Council’s Car Parking Development Control Plan, dwellings with a floor area greater than 100m2 are required to provide a minimum of two car parking spaces. The proposal provides two spaces, satisfying the prescriptive requirements.

 

3.         ENVIRONMENTAL IMPACTS

 

Section 79C(1)(b) of the Act requires Council to consider “the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality”.

 

3.1       Natural Environment

 

One tree is proposed to be removed to accommodate the building. Council’s tree assessment concluded that the removal of the tree would not be significant.

 

The garage is to be constructed largely over the existing slab. As such, the application does not propose any significant landform modification or soil movement. A condition is recommended requiring the erection of erosion and sediment control measures prior to construction works taking place. The proposal would not have a negative impact on the soils of the area.

 

3.2       Built Environment

 

The proposed garage is to be located adjacent to a vacant allotment and would not have any immediate impacts with regard to privacy. The garage would have no windows on the eastern elevation, ensuring that the privacy of any future dwelling on the adjacent lot would not be compromised by the development.

 

The proposed garage is to be located in an area currently occupied by an unenclosed carport and the concrete driveway providing access from Brooklyn Road. As such, the proposal would not have an impact on any existing private open space or landscaping.

 

3.3       Social Impacts

 

The proposal would not have any negative social impacts on the locality.

 

3.4       Economic Impacts

 

The proposal would not have any negative economic impacts on the locality.

 

4.         SITE SUITABILITY

 

Section 79C(1)(c) of the Act requires Council to consider “the suitability of the site for the development”.

 

4.1       Bushfire Risk

 

The site is located within bushfire prone land and was referred to the Hornsby Ku-Ring-Gai branch of the Rural Fire Service (RFS) for comment. The RFS raised no objections to the proposed development.

 

5.         PUBLIC PARTICIPATION

 

Section 79C(1)(d) of the Act requires Council to consider “any submissions made in accordance with this Act”.

 

5.1       Community Consultation

 

The proposed development was placed on public exhibition and was notified to adjoining and nearby landowners between 29 January 2009 and 19 February 2009 in accordance with Council’s Notification and Exhibition Development Control Plan. During this period, Council received one submission. The plans were subsequently amended and the proposed development re-notified to the objecting property between 15 April 2009 and 29 April 2009. During this period, Council received an additional submission from the same land owner. The map below illustrates the location of those nearby landowners who made a submission that are in close proximity to the development site.

 

 

NOTIFICATION PLAN

 

•      PROPERTIES NOTIFIED

 

X     SUBMISSIONS

         RECEIVED

          PROPERTY SUBJECT OF DEVELOPMENT

 

The submissions raised concerns regarding the loss of views, reflection of light, the bulk and scale of the proposal and the existing driveway access. These issues are discussed within the body of the report with the exception of the following:

 

5.1.1    Driveway Access

 

One submission raised concerns that the existing shared driveway access from Brooklyn Road to the properties at Nos. 42 and 44 Brooklyn Road is unsafe and does not comply with RTA guidelines. The objection is due to the fact that the two dwellings are accessible from Brooklyn Road via a single driveway, which branches off within the road reserve to service the two individual properties. It was suggested within the submission that this arrangement is illegal and presents a traffic safety issue.

 

The RTA guidelines referenced in the submission are the Australian Road Rules (February 2008), controlling the use of public roadways by vehicles. The guidelines do not apply to vehicular access to private dwellings. Additionally, the shared access from Brooklyn Road is on Council land and is not the responsibility of the applicant.  Irrespective, Council’s engineering assessment concluded that the accessway is sufficient for its intended use.

 

The application is to be constructed over the footprint of the existing carport and does not alter the existing driveway. As the proposed development is replacing an existing carport it is considered that the proposal would not result in a change or intensification of use.

 

6.         PUBLIC INTEREST

 

Section 79C(1)(e) of the Act requires Council to consider “the public interest”.

 

The public interest is an overarching requirement, which includes the consideration of the matters discussed in this report.  Implicit to the public interest is the achievement of future built outcomes adequately responding to and respecting the future desired outcomes expressed in environmental planning instruments and development control plans.

 

The application is considered to have satisfactorily addressed Council’s and relevant agencies’ criteria and would provide a development outcome that, on balance, would result in a positive impact for the community. Accordingly, it is considered that the approval of the proposed garage would be in the public interest.

 

CONCLUSION

 

Consent is sought for the erection of a double garage measuring 6m x 8m, for a total area of 48m2, at No. 44 Brooklyn Road, Brooklyn. The garage is proposed over the footprint of the existing carport on the site, located to the north of the existing dwelling, adjacent to the eastern property boundary.

 

The proposal has been assessed against the Environmental Planning and Assessment Act 1979, the Hornsby Shire Local Environmental Plan 1994, Sydney Regional Environmental Plan No. 20 – Hawkesbury Nepean River and the Brooklyn Development Control Plan. The proposal would not result in any negative social, economic or environmental impacts.

 

The application originally proposed a larger structure with a total area of 84m2. A submission was received raising concerns generally in regards to the proposed bulk and scale, potential

 

 

loss of views and potential reflection of sunlight. In response to the submission and additional concerns from Council, the application was amended, reducing the proposed floor area and

changing the construction materials. The application was re-notified and another submission received, re-iterating the concerns from the original letter. These concerns were considered in the assessment of the application however it is considered that the amendments satisfactorily address the potential for adverse impacts as a result of the development.

 

Having regard to the above assessment, it is considered that approval of the application would not represent a negative impact on surrounding landowners or the broader community. Accordingly, the application is recommended for approval.

 

 

 

 

 

 

 

Rod Pickles

Manager - Assessment Team 2

Planning Division

 

 

 

 

Scott Phillips

Executive Manager

Planning Division

 

 

Attachments:

1.View

Locality Plan

 

 

2.View

DA Plan

 

 

3.View

Document from Steel Modular Systems

 

 

 

 

File Reference:           DA/15/2009

Document Number:   D01149225

 

 


SCHEDULE 1

 

GENERAL CONDITIONS

 

The conditions of consent within this notice of determination have been applied to ensure that the use of the land and/or building is carried out in such a manner that is consistent with the aims and objectives of the planning instrument affecting the land.

 

Note:  For the purpose of this consent, the term ‘applicant’ means any person who has the authority to act on or the benefit of the development consent.

 

Note:  For the purpose of this consent, any reference to an Act, Regulation, Australian Standard or publication by a public authority shall be taken to mean the gazetted Act or Regulation, or adopted Australian Standard or publication as in force on the date that the application for a construction certificate is made.

1.         Approved Plans and Supporting Documentation

The development must be carried out in accordance with the plans and documentation listed below and endorsed with Council’s stamp, except where amended by Council and/or other conditions of this consent:

 

Plan No.

Drawn by

Rev

Dated

Site Plan and Elevations (as amended)

Steel Modular Systems Australia Pty. Ltd.

A

24/3/2009

 

Document No.

Prepared by

Dated

Cover sheet for proposed garage located at 44 Brooklyn Road, Brooklyn

 

Steel Modular Systems Pty. Ltd.

 

24/3/2009

 

REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

 

The following conditions of consent must be complied with prior to the issue of a ‘Construction Certificate’ by either Hornsby Shire Council or an accredited certifier.  All necessary information to demonstrate compliance with the following conditions of consent must be submitted with the application for a construction certificate.

2.   Building Code of Australia

All building work must be carried out in accordance with the requirements of the Building Code of Australia.

 

 

 

 

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

 

The following conditions of consent must be complied with prior to the commencement of any works on the site.  The conditions have been imposed to ensure that the works are carried out in such a manner that complies with relevant legislation and Council’s policies and does not disrupt the amenity of the neighbourhood or impact upon the environment.

3.       Erection of Construction 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 demolition or building work and a telephone number on which that person may be contacted outside working hours.

 

c.         Stating that unauthorised entry to the work site is prohibited.

 

Note:   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.

4.       Erosion and Sediment Control

Erosion and sediment control measures must be provided and maintained throughout the construction period in accordance with the manual ‘Soils and Construction 2004 (Bluebook)’, the approved plans, Council specifications and to the satisfaction of the principal certifying authority.  The erosion and sediment control devices must remain in place until the site has been stabilised and revegetated.

 

Note:   On the spot penalties up to $1,500 may be issued for any on-compliance with this requirement without any further notification or warning.

 

REQUIREMENTS DURING CONSTRUCTION

 

The following conditions of consent must be complied with during the construction of the development.  The conditions have been imposed to ensure that the works are carried out in such a manner that complies with relevant legislation and Council’s policies and does not disrupt the amenity of the neighbourhood or impact upon the environment.

5.       Construction Work Hours

All work on site (including demolition and earth works) must only occur between the following hours:

 

Monday to Saturday                    7 am to 5 pm

Sunday & Public Holidays            No work

 

6.       Demolition

 

All demolition work must be carried out in accordance with Australian Standard 2601-2001 – The Demolition of Structures and the following requirements:

 

a.         Should the presence of asbestos or soil contamination, not recognised during the application process be identified during demolition, the applicant must immediately notify the principal certifying authority and Council.

 

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

 

The following conditions of consent must be complied with prior to the ‘Principal Certifying Authority’ issuing an ‘Occupation Certificate’.

 

Note:  For the purpose of this consent, any reference to ‘occupation certificate’ shall also be taken to mean ‘interim occupation certificate’ unless otherwise stated.

7.         Stormwater Drainage

The stormwater drainage system for the development must be designed and constructed for an average recurrence interval of 20 years and be gravity drained in accordance with the following requirements:

 

a.        Connected to the existing internal drainage system.

 

8.       Maintain canopy cover

                 

To maintain local tree canopy cover, one (1) tree such as Elaeocarpus reticulates (Blueberry Ash) or Ceratopetalum gummiferum (Christmas Bush) is to be planted on the subject site. The planting location must not be within 4 metres of the foundation walls of the dwelling. The pot size is to be a minimum 25 litres and the tree must be maintained and protected until they reach the height of 3 metres.  The tree must be locally indigenous, from local plant stock (preferably), reach a mature height greater than 8 metres and have a life span greater than 20 years.  

 

9.         Use of materials

 

The fascias, roofing sheeting, roller doors and external wall cladding must be painted, factory pre-coloured or treated to prevent glare nuisance, in colours consistent with the 'Hillside Colours ' listed in the Colour Palette’ contained within the Brooklyn Development Control Plan (Appendix C). The profile of the external wall cladding must be horizontal.

 

Note: The Brooklyn Development Control Plan can be found on Council's website

 

 

- END OF CONDITIONS -

 

ADVISORY NOTES

 

The following information is provided for your assistance to ensure compliance with the Environmental Planning and Assessment Act 1979, Environmental Planning and Assessment Regulation 2000, other relevant legislation and Council’s policies and specifications.  This information does not form part of the conditions of development consent pursuant to Section 80A of the Act.

 

Environmental Planning and Assessment Act 1979 Requirements

 

The Environmental Planning and Assessment Act 1979 requires you to:

 

a.          Obtain a construction certificate prior to the commencement of any works.  Enquiries regarding the issue of a construction certificate can be made to Council’s Customer Services Branch on 9847 6760.

 

b.         Nominate a principal certifying authority and notify Council of that appointment prior to the commencement of any works.

 

c.          Give Council at least two days written notice prior to the commencement of any works.

 

d.         Obtain an occupation certificate before occupying any building or commencing the use of the land.

 

Tree Preservation Order

 

To ensure the maintenance and protection of the existing natural environment, you are not permitted to ringbark, cut down, top, lop, remove, wilfully injure or destroy a tree outside three metres of the approved building envelope without prior written consent from Council.  Fines may be imposed if you choose to contravene Council’s Tree Preservation Order.

Note:   A tree is defined as a perennial plant with self supporting stems that are more than 3 metres or has a trunk diameter more than 150mm measured 1 metre above ground level, and excludes any tree declared under the Noxious Weeds Act (NSW).

 

Dial Before You Dig

 

Prior to commencing any works, the applicant is encouraged to contact Dial Before You Dig on 1100 or www.dialbeforeyoudig.com.au for free information on potential underground pipes and cables within the vicinity of the development site.

 

Asbestos Warning

 

Should asbestos or asbestos products be encountered during construction or demolition works you are advised to seek advice and information should be prior to disturbing the material. It is recommended that a contractor holding an asbestos-handling permit (issued by Work Cover NSW), be engaged to manage the proper disposal and handling of the material. Further information regarding the safe handling and removal of asbestos can be found at:

www.environment.nsw.gov.au

www.nsw.gov.au/fibro

www.adfa.org.au

www.workcover.nsw.gov.au

Alternatively, telephone the Work Cover Asbestos and Demolition Team on 8260 5885. 


 

Planning Report No. PLN39/09

Date of Meeting: 3/06/2009

 

3        DEVELOPMENT APPLICATION - ERECTION OF A DWELLING-HOUSE
16B OSBORN ROAD,  NORMANHURST
   

 

 

Development Application No:

DA/641/2008

Description of Proposal:

Erection of a dwelling-house

Property Description:

Lot 18, DP 1120186, No. 16B Osborn Road, Normanhurst

Applicant:

Mr M N Gyler

Owners:

Mr M N and Mrs M L Gyler

Statutory Provisions:

Hornsby Shire Local Environmental Plan, 1994

Residential A (Low Density) Zone

Estimated Value:

$320,000

Ward:

B

 

 

RECOMMENDATION

 

THAT Development Application No. DA/1641/2008 for the erection of a split level, one and two storey dwelling-house at Lot 18, DP 1120186, No. 16B Osborn Road, Normanhurst be approved subject to the conditions of consent detailed in Schedule 1 of this report.

 

 

EXECUTIVE SUMMARY

 

1.         The application proposes the erection of a split level, one and two storey dwelling-house on a vacant, battle-axe allotment.

 

2.         The proposal generally complies with the Hornsby Shire Local Environmental Plan, 1994 and Council’s Dwelling House Development Control Plan (DCP).

 

3.         The application was deferred by Council on 6 May 2009, to allow further investigation of environmental issues relating to trees and an inspection of the site by Councillors.

 

4.         It is recommended that the application be approved.

 

HISTORY OF THE SITE

 

On 6 March 2006, DA/70/2005 was approved for the demolition of a dwelling-house and the subdivision of one allotment into three.

 

As part of its approval of the application, Council required that part of the site be set aside as a “Bushland Regeneration Area” to protect existing vegetation on site.  Council officers have been working with the land owner to obtain grants to effectively manage this part of the site.

 

HISTORY OF THE APPLICATION

 

At Council’s Planning Committee Meeting on 6 May 2009, Council considered the subject application and resolved:

 

“THAT consideration of the application be deferred to allow further investigation of environmental issues and an inspection of the site by interested Councillors.”

 

The resolution was based on a late submission from an adjoining property owner, which raised concerns that the recommendation to approve the dwelling-house did not take into consideration the environmental value of tree No. 21 located on the subject site.  The matters raised in the late submission have been addressed in this report.

 

At the time of the preparation of this report, Councillors were scheduled to inspect the site on 3 June 2009.

 

THE SITE

 

The vacant site is located at the south-western end of the right-of-way on the western side of Osborn Road, Normanhurst.  The irregular shaped battle-axe allotment has an area of 1044m2, with a western boundary of 12.5m, a southern boundary of 42.32m, an eastern boundary of 35.42m and a northern boundary of approximately 25m.

 

The site has fall towards the rear southern boundary of the property at a grade of 1 in 8 and is subject to easements for access, services and drainage.

 

The site forms part of the Blue Gum High Forest Critically Endangered Ecological Community listed under the Threatened Species Conservation Act, 1995 and the Environment Protection and Biodiversity Conservation Act, 1999.  A bushland regeneration area occupies the south western part of the site, with tree species that form part of the Blue Gum High Forest Community including Blackbutt (Eucalyptus pilularis) and Sydney Blue Gum (Eucalyptus saligna).

 

The site is primarily surrounded by post war style, weatherboard and brick one and two storey dwelling-houses, surrounded by well established trees and landscaped areas.

 

The site is within the vicinity of Loreto College and Convent, located on the eastern side of Osborn Road, which is listed as a heritage item of regional significance under Schedule D (Heritage Items) of the Hornsby Shire Local Environmental Plan, 1994.

 

One and two storey dwelling-houses are also located at premises No.s 20 and 22 Osborn Road and two storey dwelling-houses are located at premises No.s 12, 15, 21 and 21A Nepean Avenue and 26 Osborn Road. 

 

THE PROPOSAL

 

The application proposes the construction of a split level, one and two storey dwelling-house. The ground floor consists of a family room, kitchen, dining room, bedroom/office and

laundry.  A deck is proposed off the family room.  Three bedrooms, a study/rumpus, bathroom and ensuite are located on the first floor.  An intermediate level is proposed, containing a lounge room and double garage.  The dwelling-house presents as single storey in height when viewed from the front and two storeys in height when viewed from the rear.

 

The setbacks would be 8.7m from the northern boundary, 1.16m to 1.88m from the eastern boundary, 24m from the western boundary and 9m from the southern boundary.

 

The overall height would be 7.5m when measured from the natural ground directly below.

 

Vehicle access is via a carriageway constructed as part of the subdivision that created the allotment.

 

Trees No. 21 and 34 would be removed to accommodate the development. 

 

ASSESSMENT

 

The development application has been assessed having regard to the ‘2005 City of Cities Metropolitan Strategy’, the ‘North Subregion (Draft) Subregional Strategy’ and the matters for consideration prescribed under Section 79C of the Environmental Planning and Assessment Act, 1979 (the Act).  Subsequently, the following issues have been identified for further consideration:

 

1.         STRATEGIC CONTEXT

 

1.1       Metropolitan Strategy – (Draft) North Subregional Strategy

 

The Metropolitan Strategy is a broad framework to secure Sydney’s place in the global economy by promoting and managing growth.  It outlines a vision for Sydney to 2031, the challenges faced and the directions to follow to address these challenges and achieve the vision.  The draft North Subregional Strategy acts as a framework for Council in the preparation of a new Principal LEP by 2011.

 

The draft Subregional Strategy sets the following targets for the Hornsby LGA by 2031:

 

·     employment capacity to increase by 9,000 jobs; and

·     housing stock to increase by 11,000 dwellings.

 

The proposed development would be consistent with the draft Strategy insofar as providing an additional dwelling and would increase the housing stock in the locality.

 

2.         STATUTORY CONTROLS

 

Section 79C(1)(a) requires Council to consider “any relevant environmental planning instruments, draft environmental planning instruments, development control plans, planning agreements and other prescribed matters.”

 

2.1       Hornsby Shire Local Environmental Plan, 1994

 

The subject land is zoned Residential A (Low Density) under the Hornsby Shire Local Environmental Plan, 1994 (HSLEP).  The objectives of the zone are:

 

(a)       To provide for the housing needs of the population of the Hornsby area;

 

(b)       To promote a variety of housing types and other land uses compatible with a low density residential environment; and

 

(c)        To provide for development that is within the environmental capacity of a low density residential environment.

 

The proposed development is defined as a “dwelling-house” under the HSLEP and is permissible in the zone with Council’s consent.

 

Clause 15 of the HSLEP prescribes that the maximum floor space ratio (FSR) of development within the Residential A zone is 0.4:1.  The applicant addresses this requirement by proposing a floor space ratio of 0.25:1.

 

2.2       Heritage Development Control Plan

 

The site is in the vicinity of a heritage item of regional significance, namely Loreto College and Convent at Nos. 91-93 Pennant Hills Road, Normanhurst.

 

The objective of the Heritage element of the Dwelling House DCP requires “The retention of heritage items and conservation of the heritage values in heritage conservation areas to provide continuity with the past”. 

 

It is considered that the proposed development would not impact on the heritage item as the property is located on a battle-axe allotment, behind several existing dwelling-houses at the street frontage, and would not be highly visible within the streetscape.  

The proposal meets the objectives of the Heritage DCP.

 

2.3       Dwelling House Development Control Plan

 

The proposed development has been assessed having regard to the relevant performance criteria and prescriptive measures within Council’s Dwelling House DCP.  The following table sets out the proposal’s compliance with the prescriptive measures of the Plan:

 

Dwelling House Development Control Plan

Control

Proposal

Requirement

Compliance

Floor Space Ratio

0.25:1

0.4:1

Yes

Site cover

21%

40%

Yes

Dwelling Height

7.5m

9m

Yes

No. of Storeys

1 and 2

1

No

Length of Building

14m

24m

Yes

Unbroken Wall Length

8m

10m

Yes

Private Open Space

600m2

120m2

Yes

Landscaping

74%

45%

Yes

Car parking

2 spaces

2 spaces

Yes

Cut and Fill

1.4m

1m

No

Solar access to neighbouring properties

4 hrs

4 hrs

Yes

BASIX Certificate

221859S

BASIX Certificate

Yes

Setbacks:

-Front

-Side

-Side

-Rear

 

8.7m

1.16m

24m

9m

 

6m

1m

1m

3m

 

Yes

Yes

Yes

Yes

 

As detailed in the above table, the proposed development does not comply with the prescriptive measures of the Height and Design elements of the Dwelling House DCP.  These matters of non-compliance are detailed below, together with a discussion on the proposal’s compliance with relevant performance standards.

 

2.3.1    Design (Cut and Fill)

 

The proposal complies with the objectives of the Design element of the Dwelling House DCP.

 

To offset any privacy concerns and visual impacts when viewed from adjoining properties, the dwelling-house was designed with a maximum cut at one point, of 1.4m below natural ground level.  This minor variation from the 1m prescriptive measure is considered acceptable with minimal detrimental environmental impacts and a desirable outcome for adjoining properties in relation to privacy and visual impact.

 

2.3.2    Building Height

 

The proposal has a maximum building height of 7.5m above ground level, which complies with the maximum permissible 9m prescriptive measure of the Height element.  Whilst the two storey height of the proposed development is consistent with similar dwelling-houses in the immediate area, the proposal does not comply with the prescriptive measures of the Height element which states that “Dwelling-houses on battle-axe allotments should not exceed single storey in height.”

 

The aim of this single storey height control is to minimise the impact of any development in terms of privacy, solar access and views enjoyed by adjacent properties.

 

The proposed 7.5m high dwelling-house would not impinge on any iconic or significant views from the adjacent premises at Nos 15, 17, 19 Nepean Avenue and Nos 16, 21A and 26 Osborn Road.  Having regard to the visual character of the surrounding residential zone,

which is typified by dwelling-houses, trees and landscaped areas, it is unreasonable to expect that a new dwelling-house would not partially obstruct any outlook over this typical suburban environment.

 

The design of the building is consistent with contemporary two storey dwelling-houses erected throughout the immediate area. 

 

The proposal would not have detrimental amenity impacts on the adjacent allotments in terms of privacy, solar access or views resulting from the non-compliance with the prescriptive measures and meets the objectives of the Height element of the Dwelling House DCP.

 

Under Council’s Dwelling House DCP, a dwelling-house can be erected to a height of 9m.  Under the NSW Housing Code the maximum height is 7.9m.  The proposal complies with both these codes.

 

The height of the proposed dwelling-house takes advantage of the slope of the site towards the rear boundary by incorporating a split level, one and two storey design.  Whilst this proposal departs from the prescriptive measures of the Height element of the Dwelling House DCP which states that “dwelling-houses on battle axe allotments should not exceed single storey in height”, the variation to the development standard in this instance is considered to be acceptable for the following reasons:

·    the dwelling-house has been designed to meet the overarching objective of the Height standard which requires “Building height consistent with residential development in the local area and that maximizes privacy, solar access and views”; and

·    the two storey design allows for a smaller building footprint and the retention of trees on a site that forms part of the Blue Gum High Forest Endangered Ecological Community. 

 

The design principle follows that of a number of contemporary dwelling-houses on battle-axe allotments within B and C Wards.

 

2.3.3    Privacy

 

The prescriptive measures of the Privacy element states that “where the proposed dwelling-house is two storeys, the living and entertaining areas should be located on the ground floor level”.  Given that the rear, southern façade is two storeys in height, the application proposes the fitting of highlight style windows with a 1.5m sill height above finished floor level to the first floor level study/rumpus room.  This raised sill height, together with the 9m separation from the rear boundary would effectively address any concerns regarding a loss of privacy in relation to the adjacent premises No. 21A Nepean Avenue.

 

A deck, up to 1.3m above ground level and 31m2 in area, is proposed off the family room.  To address privacy concerns from this active use area in relation to the adjacent premises No. 21A Nepean Avenue, lattice screening up to 2m in height is proposed along the southern side of the deck and a portion of the western side of the deck.

 

Whilst an objection was raised with respect to a loss of privacy from this deck in relation to the property to the west known as No. 19 Nepean Avenue, the 24m setback to the common boundary between the properties and the additional screen planting recommended within the bushland regeneration area is considered to be sufficient to provide privacy through separation.

 

2.3.4    Solar Access

 

A submission has been received from the owners of No. 21A Nepean Avenue raising concerns about the loss of solar access to the principle private open space area located in the rear, north-east corner of their property and to the northern and eastern facing windows of the dwelling-house. 

 

The shadow diagrams submitted with the amended plans (that propose to relocate the house a further 500mm towards the front of the site and a further 100mm lower) indicate that the proposal would cast a shadow over the principle private open space of 21A Nepean Avenue at 9am on 22 June (the winter solstice).  However, by 11am, this area, including the clothes line, would be no longer in a shadow cast by the proposal. 

 

The shadow diagrams indicate that the proposed dwelling-house would cast a shadow over northern facing windows of No. 21A Nepean Avenue on the morning of 22 June.  However, by 11am, the proposal would no longer cast any shadow over these windows.  The extent of this overshadowing complies with the prescriptive measures of the Solar Access element which seeks development that allows “north facing windows to living areas of adjacent dwellings to receive 3 hours of sunshine between 9am and 3pm on 22 June”.

 

At Council’s request, further plans were submitted on 22 March and 5 May 2009, showing the extent of the vertical shadows cast on the winter solstice by the proposal on the northern façade of 21A Nepean Avenue, together with the shadows cast by the existing boundary fence along the boundary line in relation to the northern façade and the intervening area of private open space.

 

These diagrams confirm that the proposal is an acceptable development that meets the objectives of the Solar Access element of the Dwelling House DCP. 

 

As a guide, the newly enacted NSW Housing Code – “Exempt and Complying Development for Detached Dwellings”, deals with overshadowing by way of separation.  In this regard, the proposed 9m setback from 21A Nepean Avenue would exceed the requirement under the Housing Code.

 

2.3.5    Bulk and Scale

 

Clause 15 of the HSLEP prescribes that the maximum floor space ratio for development within the zone is 0.4:1.  The applicant addresses this requirement by proposing a floor space ratio of 0.25:1.  In this regard, the proposal would not be excessive in bulk and scale.

 

3.   ENVIRONMENTAL IMPACTS

 

Section 79C (1) (b) of the Act requires Council to consider “the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality”.

 

3.1       Natural Environment

 

The proposed development would necessitate the removal of two remnant Blue Gums (Eucalyptus saligna), marked as T21 and T34 on the site plan. 

 

 

As the site is part of a Blue Gum High Forest being a Critically Endangered Ecological Community listed under the Threatened Species Conservation Act, 1995 an ‘Assessment of Significance’ was undertaken to determine if the subject development and in particular the removal of the nominated trees would have a significant impact on the Blue Gum High Forest, Gang-Gang Cockatoo, Powerful Owl or the five vulnerable species of Micro-chiropteran bats. 

 

Following each assessment of significance for individual and groups of species on the site, it is Council’s assessment that there is not likely to be any significant impacts on the status of the above biota resulting from the development and therefore a Species Impact Statement is not required for any of the individual or groups of species as a result of either development.

 

It is recommended that the removal of T21 and T34 be offset by compensatory planting of 4 Blue Gum High Forest canopy species within the bushland regeneration area.

 

A copy of Council’s Threatened Species Considerations Assessment Of Significance is held at Attachment 8 of this report.

 

3.2       Built Environment

 

The proposed dwelling-house is in keeping with the established character of residential development in the area and is consistent in terms of design, height and setbacks with the form of development permitted in the locality.

 

The site is within the vicinity of the Loreto Convent group, grounds, gates and cemetery, which are heritage-listed items at 91-93 Pennant Hills Road.  The development would not detract from the heritage value of these items, as it is located on a battle-axe lot and would not be visible from the street.

 

3.3       Social Impacts

 

There are no significant social impacts resulting from the proposed development.

 

3.4       Economic Impacts

 

There are no significant economic impacts resulting from the proposed development.

 

4.   SITE SUITABILITY

 

Section 79C (1) (c) of the Act requires Council to consider “the suitability of the site for the development”.

 

The site is suitable for low density residential development.  It is not identified as flood prone or bush fire prone.  The proposed dwelling-house is in keeping with the low density residential environment and its low density nature allows for the retention of the Blue Gum High Forest Endangered Ecological Community found on the site.

 

5.   PUBLIC PARTICIPATION

 

Section 79C (1) (d) of the Act requires Council to consider “any submissions made in accordance with this Act”.

 

5.1       Community Consultation

 

The plans submitted were notified to adjoining and nearby landowners between 3 December and 17 December 2008, in accordance with Council’s Notification and Exhibition DCP.  During this period, Council received two submissions raising concerns about loss of solar access and privacy. 

 

In response, the design of the building was amended.  The amended plans submitted addressed privacy, solar access and visual impacts and were re-advertised to adjoining land owners between 19 February and 5 March 2009. 

 

The map below illustrates the location of those nearby landowners who made a submission that are in close proximity to the development site.

 

 

NOTIFICATION PLAN

 

 

•      PROPERTIES NOTIFIED

 

X     SUBMISSIONS

         RECEIVED

          PROPERTY SUBJECT OF DEVELOPMENT

 

Two submissions objected to the development, generally on the grounds that the development would result in:

 

·    building height that compromises the privacy of adjoining properties;

·    unacceptable overshadowing of adjoining properties;

·    development that is excessive in bulk and scale; and

·    the loss of trees from the development.

 

The merits of the matters raised in community submissions have been addressed in the body of this report.

 

6.   THE PUBLIC INTEREST

 

Section 79C (1) (e) of the Act requires Council to consider “the public interest”.

 

 

The public interest is an overarching requirement, which includes the consideration of the matters discussed in this report.  Implicit to the public interest is the achievement of future built outcomes adequately responding to and respecting the future desired outcomes expressed in environmental planning instruments and development control plans.

 

The application is considered to have satisfactorily addressed Council’s criteria and would provide a development outcome that, on balance, would result in an acceptable impact.  Accordingly, it is considered that the approval of the proposed two storey dwelling-house would not be contrary to the public interest.

 

CONCLUSION

 

Consent is sought to construct a two storey dwelling-house on a battle-axe shaped allotment.

 

An ‘Assessment of Significance’ concluded that the subject development and in particular the removal of trees No. T21 and T34 would not have a significant impact on the Blue Gum High Forest, Gang-gang Cockatoo, Powerful Owl or the five vulnerable species of Micro-chiropteran bats.

 

The proposal complies with the Metropolitan Strategy – (Draft) North Subregional Strategy, the Hornsby Shire Local Environmental Plan 1994 and the requirements of the Dwelling House DCP.

 

It is recommended that Development Application No. 1641/2008 for the erection of a split level, one and two storey dwelling-house at Lot 18, DP 1120186, No. 16B Osborn Road, Normanhurst be approved, subject to conditions of consent detailed in Schedule 1 of this report.

 

Note:  At the time of the completion of this planning report, no persons have made a Political Donations Disclosure Statement pursuant to Section 147(3) of the Environmental Planning and Assessment Act, 1979 in respect of the subject planning application.

 

 

 

 

 

Simon Evans

Manager - Assessment Team 1

Planning Division

 

 

 

 

Scott Phillips

Executive Manager

Planning Division

 

Attachments:

1.View

Locality Map

 

 

2.View

Site Plan

 

 

3.View

Landscape Plan

 

 

4.View

Floor Plan

 

 

5.View

Elevations

 

 

6.View

Shadow Diagrams

 

 

7.View

Drainage

 

 

8.View

Threatened Species Assessment

 

 

 

File Reference:           DA/641/2008

Document Number:   D01154113


SCHEDULE 1

GENERAL CONDITIONS

 

The conditions of consent within this notice of determination have been applied to ensure that the use of the land and/or building is carried out in such a manner that is consistent with the aims and objectives of the planning instrument affecting the land.

 

Note:  For the purpose of this consent, the term ‘applicant’ means any person who has the authority to act on or the benefit of the development consent.

 

Note:  For the purpose of this consent, any reference to an Act, Regulation, Australian Standard or publication by a public authority shall be taken to mean the gazetted Act or Regulation, or adopted Australian Standard or publication as in force on the date that the application for a construction certificate is made.

1.         Approved Plans and Supporting Documentation

The development must be carried out in accordance with the plans and documentation listed below and endorsed with Council’s stamp, except where amended by Council and/or other conditions of this consent:

 

Plan No.

Drawn by

Dated

Ver 1.1/A3

M. Gyler

8/2/2009

2.         Retention of Existing Trees

This development consent only permits the removal of trees numbered 21 and 34 as identified on Plan No. v1.0 A3 prepared by Michael and Michelle Gyler dated 3/11/08.  The removal of any other trees requires separate approval under Council’s Tree Preservation Order.

3.   Tree Protection

To ensure any work undertaken will not adversely affect the longevity of tree No. 25, design plans shall be submitted showing the proposed driveway being of pier and beam construction as follows:

a.    piers are to be located no closer than 3m to the trunk of this tree, and

b.    the driveway edge shall be no closer than 1m to the edge of the trunk.

 

REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

 

The following conditions of consent must be complied with prior to the issue of a ‘Construction Certificate’ by either Hornsby Shire Council or an accredited certifier.  All necessary information to demonstrate compliance with the following conditions of consent must be submitted with the application for a construction certificate.

4.   Building Code of Australia

All building work must be carried out in accordance with the requirements of the Building Code of Australia.

 

5.   Contract of Insurance (Residential Building Work)

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.

 

Note:  This condition does not apply to the extent to which an exemption is in force under Clause 187 or 188 of the Act, subject to the terms of any condition or requirement referred to in Clause 187(6) or 188(4) of the Act, or to the erection of a temporary building.

6.   Notification of Home Building Act, 1989 Requirements

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 Council) has given Council written notice of the following information:

 

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

 

i.       the name and licence number of the principal contractor, and

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

 

b.         In the case of work to be done by an owner-builder:

 

i.        the name of the owner-builder, and

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

 

Note: If arrangements for doing the residential building work are changed while the work is in progress so that the information notified 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 Council) has given Council written notification of the updated information.

7.   Sydney Water – Quick Check

The application must be submitted to a Sydney Water ‘Quick Check Agent’ or ‘Customer Centre’ for approval to determine whether the development will affect any Sydney Water infrastructure, and whether further requirements are to be met.

 

Note:   Refer to www.sydneywater.com.au or telephone 13 20 92 for assistance.

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

 

The following conditions of consent must be complied with prior to the commencement of any works on the site.  The conditions have been imposed to ensure that the works are carried out in such a manner that complies with relevant legislation and Council’s policies and does not disrupt the amenity of the neighbourhood or impact upon the environment.

8.   Erection of Construction Sign

A sign must be erected in a prominent position on the site showing:

a.         the name, address and telephone number of the principal certifying authority for the work;

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

c.         that unauthorised entry to the work site is prohibited.

 

Note:  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.

9.   Toilet Facilities

Toilet facilities must be available or provided at the works site before works begin and must be maintained until the works are completed.  Each toilet must:

a.         be a standard flushing toilet connected to a public sewer; or

b.         have an on-site effluent disposal system approved under the Local Government Act, 1993, or

c.         be a temporary chemical closet approved under the Local Government Act, 1993.

10.     Erosion and Sediment Control

Erosion and sediment control measures must be provided and maintained throughout the construction period in accordance with the manual ‘Soils and Construction 2004 (Bluebook)’, the approved plans, Council specifications and to the satisfaction of the principal certifying authority.  The erosion and sediment control devices must remain in place until the site has been stabilised and revegetated.

 

Note:   On the spot penalties up to $1,500 may be issued for any non-compliance with this requirement without any further notification or warning.

 

 

REQUIREMENTS DURING CONSTRUCTION

 

The following conditions of consent must be complied with during the construction of the development.  The conditions have been imposed to ensure that the works are carried out in such a manner that complies with relevant legislation and Council’s policies and does not disrupt the amenity of the neighbourhood or impact upon the environment.

11. Protection of Trees

A 1.8m high chain wire fencing (or similar) must be installed 1m from significant trees numbered 22 and 25 identified on the approved plans.

 

All works (including driveways and retaining walls) within 3m of any trees required to be retained (whether or not on the land the subject of this consent), must be carried out under the supervision of an ‘AQF Level 5 Arborist’ or equivalent and a certificate submitted to the principal certifying authority detailing the method(s) used to preserve the tree(s).

 

            Note: Except as provided above, the applicant is to ensure that no excavation, filling or stockpiling of building materials is to occur within 4m of any tree to be retained.

12. Construction Work Hours

All work on site (including earth works) must only occur between the hours of 7 am to 5 pm Monday to Saturday.  No work is permitted on Sundays or public holidays.

13. Council Property

During construction works, no building materials, waste, machinery or related matter is to be stored on the road or footpath.  The public reserve is to be kept in a clean, tidy and safe condition at all times.

14. Disturbance of Existing Site

During construction works, the existing ground levels of open space areas and natural landscape features, (including natural rock-outcrops, vegetation, soil and watercourses) must not be altered unless otherwise nominated on the approved plans.

15. Survey Reports– Finished Floor Levels

Reports must be prepared by a registered surveyor and submitted to the principal certifying authority prior to the pouring of concrete at each level of the building certifying that:

a.         the building, retaining walls and the like have been correctly positioned on the site;

b.         the finished floor level(s) are in accordance with the approved plans.

 

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

 

The following conditions of consent must be complied with prior to the ‘Principal Certifying Authority’ issuing an ‘Occupation Certificate’

 

Note:  For the purpose of this consent, any reference to ‘occupation certificate’ shall also be taken to mean ‘interim occupation certificate’ unless otherwise stated.

16. Internal Driveway/Vehicular Areas

The internal driveway and turning areas are to be designed and constructed in accordance with Australian Standard 2890.1, and 3727.  Removal and adjustment of the existing turning area right of access slab to allow proper matching of the finished driveway level shall be undertaken, as required.

17. Fulfilment of BASIX Commitments

The applicant must demonstrate the fulfilment of BASIX commitments pertaining to the development.

18. Damage to Council Assets

Any damage caused to Council’s assets as a result of the construction of the development must be rectified in accordance with Council’s written requirements and at the sole cost of the applicant.

19. Retaining Walls

All required retaining walls must be constructed as part of the development.

20. Replacement Trees

The applicant must plant 4 indigenous Blue Gum High Forest canopy species to compensate for the removal of trees T21 and T34.  Plants are to be tube stock, or larger and grown from locally generic stock obtained from a recognised native plant nursery.  All saplings that die must be replaced within 1 calendar month.  Plants are to be located at a minimum distance of 4m from the building envelope.

 

OPERATIONAL CONDITIONS

 

The following conditions have been applied to ensure that the ongoing use of the land is carried out in such a manner that complies with relevant legislation and Council’s policies and does not disrupt the amenity of the neighbourhood or impact upon the environment.

21. Ongoing Protection of Bushland

To ensure that invasive plants identified as weed species are effectively removed and not allowed to proliferate or interfere with a quality landscaping and environmental outcome, the following conditions shall apply:

a.         all environmental and noxious weeds including Sida rhombifolia (Paddy’s Lucerne), Bromus carthaticus, Cobbler’s Pegs (Bidens pilosa), Small-leaved Privet (Ligustrum sinense), Couch and Kikuyu (Pennisetum clandestinum) that have the potential to spread into the “bushland regeneration area” are to be removed and suppressed using an appropriate method as detailed on Council’s web site under Environment/ Bushland and Biodiversity/Weeds: www.hornsby.nsw.gov.au .

b.      the area is to be fenced off with post and wire (or similar) fencing to prevent vehicular access;

c.      the area is to be kept free of environmental and noxious weeds using recognised bush regeneration methods in accordance with ‘Recovering Bushland on the Cumberland Plain: Best Practice Guidelines for the Management and Restoration of Bushland – Department of Conservation 2005’;

d.      machinery and fertilizer not to be used in the bushland regeneration area for maintenance purposes; and

e.      a dividing fence must not be erected within the 'bushland regeneration area' between properties No. 16B and 16C Osborn Road without the written consent of Council.

 

- END OF CONDITIONS -

 

 

ADVISORY NOTES

 

The following information is provided for your assistance to ensure compliance with the Environmental Planning and Assessment Act 1979, Environmental Planning and Assessment Regulation 2000, other relevant legislation and Council’s policies and specifications.  This information does not form part of the conditions of development consent pursuant to Section 80A of the Act.

 

Environmental Planning and Assessment Act, 1979 Requirements

The Environmental Planning and Assessment Act, 1979 requires you to:

a.          Obtain a construction certificate prior to the commencement of any works.  Enquiries regarding the issue of a construction certificate can be made to Council’s Customer Services Branch on 9847 6760.

b.         Nominate a principal certifying authority and notify Council of that appointment prior to the commencement of any works.

c.          Give Council at least two days written notice prior to the commencement of any works.

d.         Have mandatory inspections of nominated stages of the construction inspected.

e.          Obtain an occupation certificate before occupying any building or commencing the use of the land.

 

 

Long Service Levy

 

In accordance with Section 34 of the Building and Construction Industry Long Service Payments Act 1986, a ‘Long Service Levy’ must be paid to the Long Service Payments Corporation or Hornsby Council.

 

Note:   The rate of the Long Service Levy is 0.35% of the total cost of the work.

 

Note:   Hornsby Council requires the payment of the Long Service Levy prior to the issue of a construction certificate.

Tree Preservation Order

To ensure the maintenance and protection of the existing natural environment, you are not permitted to ringbark, cut down, top, lop, remove, wilfully injure or destroy a tree outside three metres of the approved building envelope without prior written consent from Council.  Fines may be imposed if you choose to contravene Council’s Tree Preservation Order.

 

Note:   A tree is defined as a perennial plant with self supporting stems that are more than 3 metres or has a trunk diameter more than 150mm measured 1 m above ground level, and excludes any tree declared under the Noxious Weeds Act (NSW).

Dial Before You Dig

Prior to commencing any works, the applicant is encouraged to contact Dial Before You Dig on 1100 or www.dialbeforeyoudig.com.au for free information on potential underground pipes and cables within the vicinity of the development site.

Asbestos Warning

Should asbestos or asbestos products be encountered during construction works, advice and information should be obtained prior to disturbing the material.  It is recommended that a contractor holding an asbestos-handling permit (issued by WorkCover NSW), be engaged to manage the proper disposal and handling of the material.  Further information regarding the safe handling and removal of asbestos can be found at:

 

www.environment.nsw.gov.au

www.nsw.gov.au/fibro

www.adfa.org.au

www.workcover.nsw.gov.au

 

Alternatively, telephone the WorkCover Asbestos and Demolition Team on 8260 5885.

 

 


 

Planning Report No. PLN33/09

Date of Meeting: 3/06/2009

 

4        DEVELOPMENT APPLICATION - ERECTION OF A  7 STOREY MIXED USE BUILDING
THE WALK, 228 - 234 PACIFIC HIGHWAY HORNSBY
   

 

 

Development Application No:

DA/1564/2008

Description of Proposal:

Erection of a seven storey mixed use development incorporating retail and commercial floor space and thirty two residential units

Property Description:

Lot A and B DP 304557 (No. 228 – 234) Pacific Highway, Hornsby

Applicant:

Api Property Service

Owner:

Lacetip Pty Ltd

Statutory Provisions:

Hornsby Shire Local Environmental Plan 1994 (HSLEP)

Business F (Town Centre) Zone

Estimated Value:

$ 9,449,255

Ward:

B

 

 

RECOMMENDATION

 

THAT Development Application No. 1564/2008 for the erection of a seven storey mixed use development incorporating retail and commercial floor space and thirty two residential units at Lot A and B DP 304557 (No. 228 – 234) Pacific Highway, Hornsby be approved subject to conditions of consent detailed in Schedule 1 of this report.

 

 

EXECUTIVE SUMMARY

 

1.         The application proposes the demolition of an existing commercial building and the erection of a seven storey mixed use development including retail premises on the ground floor, two storeys of commercial premises and thirty two residential units with basement parking.

 

2.         The proposal generally complies with the relevant provisions within the Hornsby Shire Local Environmental Plan 1994, State Environmental Planning Policy No. 65 and the Hornsby Town Centre Development Control Plan.

 

3.         Four submissions have been received in respect of the application.

 

4.         It is recommended that the application be approved.


 

HISTORY OF THE SITE

 

On 17 November 2004, Council approved DA/485/2004 for the erection of an eight storey mixed use development comprising ground floor commercial and thirty residential units on the subject property. That application will lapse should the development not physically commence by 17 November 2009.

 

THE SITE

 

The subject site is located on the south-eastern corner of the Pacific Highway and Edgeworth David Avenue and has an area of 1181.2 sq metres.  It is an irregular shaped allotment with frontages of 19.68m to the Pacific Highway, 36.57m to Edgeworth David Avenue and 39m to the Northshore Railway corridor. The site falls approximately 2m from the north-western corner to the south-eastern corner.

 

The access to the site is provided via a 3.05 metre wide driveway located along the eastern boundary of the site with vehicular access provided from Edgeworth David Avenue. This driveway also acts as the right of carriageway providing access to No. 10 Edgeworth David Avenue, adjoining the site to the east.

 

The current improvement on the site includes a two storey commercial building, known as “The Walk” with at-grade parking provided at the rear. The commercial building includes shops at the ground level fronting Pacific Highway and Edgeworth David Avenue. Nine commercial suites are located on the first floor. The pedestrian access to the first floor level is provided off Edgeworth David Avenue.

 

The site is located in the Hornsby town centre, being within 1 km of the Hornsby railway station and is surrounded by a mix of land uses including commercial, residential and educational establishments. The Westfield Shopping Centre is located to the north of the site on the opposite side of Edgeworth David Avenue. The adjoining building to the east includes a medical centre and retail premises. The development is located in close proximity to a number of high-density residential and mixed use developments. A ten storey high density residential development exists on the opposite side of the rail corridor to the south of the site.

 

THE PROPOSAL

 

The proposal involves the demolition of the existing commercial premises and the erection of a mixed use development comprising the following:

 

·          Five retail premises on the ground floor to be accessed from Pacific Highway and Edgeworth David Avenue.

 

Three of the units include a mezzanine level for storage of goods. The retail premises would have a secondary internal entry to facilitate loading, unloading and service entries. A disabled unisex toilet is located on the ground floor to cater for the retail premises.

 

·          Two storeys of commercial premises (first and second floor).

 

The details of uses and the number of tenancies are not proposed within this application. The proposal includes the delineation of floor space to be dedicated for the purpose of office or business premises in the future. The

 

commercial floors would include a common lobby with toilets and other services being located on each floor.

 

The details of the proposed non-residential floor areas are described below:

 

Retail – Ground Floor

 

Ground Floor

Mezzanine

Total

Retail 1

73 m2

42 m2

 

115 m2

 

Retail 2

110 m2

No mezzanine

 

110 m2

 

Retail 3

106 m2

No mezzanine

 

106 m2

 

Retail 4

68 m2

14 m2

 

82 m2

 

Retail 5

68 m2

28 m2

 

96 m2

 

Circulation

2582.91 m2

40.7 m2

 

28 m2

 

Ground Floor Area for Retail

 

 

323.612 m2

Commercial – First and Second Floors

 

Level 1

Level 2

Total

Gross Floor Area - Commercial

1158 m2

1158 m2

2316 m2

Gross Leasable Floor Area

1100 m2

1100 m2

2200m2

Gross Floor Area for Employment generating development on three levels

 

 

 

3148 m2

 

 

·          Four storeys of residential development including thirty two units (third to seventh floor).

 

The development includes the following mix of residential units:

 

·          4 x studio units

·          4 x 1 bedroom units

·          20 x 2 bedroom units

·          4 x 3 bedroom units

 

Eight units are proposed to be located on each floor. The units at the third floor (lowermost residential) level include courtyards for use as private open space while all the units on the upper floors are provided with balconies. Part of the roof terrace would be used as private open space for units located at the top level of the development. Additional storage areas are proposed for all units in the upper basement level. The development includes one adaptable unit located on the third floor.

 

The details of gross floor areas (GFA) of the residential units are described below:

 

Residential Development gross floor areas

GFA per unit

Total GFA

Units 1, 9, 17 and 25

(3 bedroom units)

96 m2

384 m2

Units 2, 10, 18 and 26

(2 bedroom units)

78 m2

312 m2

Units 3, 11, 19 and 27

(studio units)

35 m2

140 m2

Units 4, 12, 20 and 28

(2 bedroom units)

73 m2

292 m2

Units 5, 13, 21 and 29

(2 bedroom units)

77 m2

308 m2

Units 6, 14, 22 and 30

(1 bedroom units)

52 m2

208 m2

Units 7, 15, 23 and 31

(2 bedroom units)

72 m2

288 m2

Units 8, 16, 24 and 32

(2 bedroom units)

74 m2

296 m2

Circulation

42 m2 / Level

168 m2

Total GFA on all floors

 

2396 m2

 

·       Provision of a common recreation area including BBQ facilities located on the terrace for residents of the premises.

 

·       Provision of four levels of basement car parking.

 

The three upper levels of the basement would include the on-site parking spaces for retail, office premises and visitors to residential units. The lowermost level of basement would be dedicated to parking for residents of the premises. The basement also includes bicycle parking spaces and storage areas for residential premises.

 

The details of car parking provided on site are described below:

 

Location

No of spaces provided

Comments

Residential

Basement Level 4

29 spaces

 

Includes 1 disabled space

 

Basement Level 1

7 spaces

 

Provided for visitors

 

Total Residential

36 Spaces

Retail

Basement Level 2

 

10 spaces

 

 

Basement Level 1

11 spaces

Includes 10 retail visitor spaces and 1 disabled space

Total retail

21 spaces

Commercial

Basement Level 3

27 spaces

 

Basement Level 2

16 spaces

 

Includes 1 disabled space

 

Basement Level 1

8 spaces

 

All spaces are dedicated for visitor parking

 

Total Commercial

 

51 spaces

 

Bicycle & Motorcycle Parking

Basement Level 1

7 vertical bike racks

 

 

Basement Levels 2, 3 & 4

4 motorcycles spaces

 

 

·          Provision of a common driveway of variable width along the eastern boundary of the site providing access to the development.

 

            The loading and unloading area would be located at the ground level on the western side of the main driveway. The pedestrian access to the development is proposed from Edgeworth David Avenue. The pedestrian entrance would lead to a common lobby providing access to all floors via lifts.

 

            It is proposed that the new development would incorporate the existing right-of-carriageway and continue providing access to the adjoining development at No. 10 Edgeworth David Avenue. The right-of-carriageway would, in future, include the entire width of the widened driveway.

 

·          Both commercial and residential bin storage areas are proposed to be located at the ground level adjoining the entrance driveway.

 

·          The design of the development is a contemporary style. The materials of construction would include concrete columns, cement render, colourbond roofing, aluminium posts, framed awning and highlight windows and fixed glazing. Bright coloured fin walls and steel posts are proposed to act as landmark elements for the development.

 

·          Provision of a continuous band of awning over the footpath along both frontages of the development.

 

 

·          Landscaping proposed on the street to activate the street frontage and improve the streetscape.

 

ASSESSMENT

 

The development application has been assessed having regard to the ‘2005 City of Cities Metropolitan Strategy’, the ‘North Subregion (Draft) Subregional Strategy’ and the matters for consideration prescribed under Section 79C of the Environmental Planning and Assessment Act 1979 (the Act).  Subsequently, the following issues have been identified for further consideration.

 

1.         STRATEGIC CONTEXT

 

1.1 Metropolitan Strategy – (Draft) North Subregional Strategy

 

The Metropolitan Strategy is a broad framework to secure Sydney’s place in the global economy by promoting and managing growth.  It outlines a vision for Sydney to 2031; the challenges faced, and the directions to follow to address these challenges and achieve the vision.  The draft North Subregional Strategy acts as a framework for Council in the preparation of a new Principal LEP by 2011.

 

The draft Subregional Strategy sets the following targets for the Hornsby LGA by 2031:

 

·     Employment capacity to increase by 9,000 jobs; and

·     Housing stock to increase by 11,000 dwellings.

 

The proposed development would be consistent with the draft Strategy by providing an additional thirty two residential units and would improve housing choice in the locality. The development also includes an employment generating component that would provide additional jobs in the locality.

 

2.         STATUTORY CONTROLS

 

Section 79C(1)(a) requires Council to consider “any relevant environmental planning instruments, draft environmental planning instruments, development control plans, planning agreements and other prescribed matters.”

 

2.1       Hornsby Shire Local Environmental Plan 1994

 

The subject land is zoned Business F (Town Centre) Zone under Hornsby Shire Local Environmental Plan 1994 (HSLEP).  The objectives of the zone are:

 

(a)        to encourage economic growth and employment opportunities.

 

(b)        to accommodate the retail, commercial, housing and social needs of the local and regional community.

 

(c)        to encourage development that improves the health, vitality, cultural and social environment within the Hornsby town Centre.

 

 

 

 

The proposed land uses are defined as “business premises”, “office premises”, “shops” and “multi-unit housing” under the HSLEP and are all permissible land uses in the zone with Council’s consent.

The proposed uses would encourage economic growth and employment opportunities, accommodate various land uses, maximise the yield of the land and improve the health and vitality of the town centre. The development complies with the zone objectives.

 

Clause 15(2) of the HSLEP prescribes that the maximum floor space ratio (FSR) for a site located within the Business F Zone should be in accordance with Schedule B. A maximum FSR of 5:1 is permissible on the site provided that the FSR of the residential component does not exceed 2:1. The bonus FSR should be utilised for employment generating development only.

 

The applicant addresses this requirement by proposing the following FSR:

 

·       FSR for residential component: 2:1

·       FSR for employment generating development: 2.6:1

·       Proposed FSR on site: 4.6:1

 

The proposal complies with the FSR requirements for the site and is acceptable in this regard.

 

2.2       State Environmental Planning Policy No. 55 – Remediation of Land

 

State Environmental Planning Policy No. 55 requires that Council must not consent to the carrying out of any development on land unless it has considered whether the land is contaminated or requires remediation for the proposed use. 

 

The applicant has addressed this requirement by providing a Soil Contamination Report. The report concludes that the site has been used in the past for various uses and the original structure on site was demolished between 1951 and 1970. There is a low potential for contamination and therefore no further assessment in this regard is necessary.

 

2.3 State Environmental Planning Policy (Infrastructure) 2007

 

The application has been assessed against the requirements of State Environmental Planning Policy (Infrastructure) 2007. This Policy contains State-wide planning controls for developments adjoining rail-corridors and busy roads.

 

2.3.1    Development in Rail Corridors

 

The development is located immediately adjoining the Northern Rail Corridor and would require excavation within 25 metres (measured horizontally) of the corridor. Therefore the development requires concurrence of the RailCorp under Clause 85 and 86 of the SEPP (Infrastructure). The following matters are considered in this regard:

 

2.3.1.1 Impact of excavation

 

The development would involve a bulk excavation to a depth of 10 to 11 metres below the natural ground on land adjoining the Rail Corridor. The excavation would extend to 4.5 metres below the level of the railway track at a lateral distance of 17 metres from the railway lines. The structural pylons would require anchoring with prestressed rock anchors.

 

 

The applicant has submitted a Geotechnical Assessment Report assessing the impact of the proposed excavation and the resultant vibration on the structural integrity of the rail corridor. The report concludes that the proposed excavation and the resultant vibration would not impact on the rail corridor due to the distance from the tracks and the nature of rocks on the

 

site. The report details the construction method for foundations and the basement levels, and recommends further geotechnical investigation after the demolition of the existing building including dilapidation surveys to be undertaken for adjoining developments during the various stages of construction.

 

State Rail has reviewed the application in this regard and raised no objections subject to implementation of the recommended conditions.

 

2.3.1.2 Impact of Noise

 

Clause 87 of the SEPP (Infrastructure) applies to the development as it would be impacted upon by the noise and vibration from the rail corridor and the Pacific Highway. In accordance with the requirements of the SEPP, the application has been assessed against the noise related controls contained within the Department of Planning’s publication “Development near Rail Corridors and Busy Roads – Interim Guidelines”.

 

The applicant has addressed this requirement by submitting a detailed Noise Assessment Report and a separate report of assessment against the above guidelines. The report details the construction techniques to attenuate rail noise and vibration and concludes that the development would not exceed the specified noise criteria and Leq levels within Clause 87 of the SEPP (Infrastructure).

 

Council’s assessment of the application with regard to noise included a detailed examination of the Noise Assessment Report and is considered satisfactory. State Rail has also reviewed the application with regard to noise and vibration and raised no objections subject to implementation of the recommended conditions.

 

2.3.1.3 Rail safety issues

 

The document “Development near Rail Corridors and Busy Roads – Interim Guidelines” prescribes guidelines and design elements to be incorporated into a development adjoining a rail corridor to reduce vandalism and improve safety of the infrastructure.  State Rail has recommended the following conditions in accordance with the guidelines:

 

·       “Given the possibility of objects being thrown onto the rail corridor from balconies the applicant is required to install adequate measures or to enclose balconies that are within 20 metres of the rail corridor. The measures to be utilised are to be endorsed by RailCorp prior to the issue of the Construction Certificate.

 

·       The Applicant is required to install mechanisms that limit the opening of windows or provide awning windows to prevent the throwing of objects onto the rail corridor. The measures to be utilised are to be endorsed by RailCorp prior to the issue of the Construction Certificate.”

 

The applicant has addressed the above requirements by providing awning windows throughout the development and by proposing the following design measures:

 

·       A 2 m high glass wall/balustrade provided along the southern elevation at the courtyard levels of the residential units;

 

·       Enclosure of all the upper level balconies located along the southern elevation by providing adjustable glass louvers to a height of 2m from the finished floor level.

 

The design of such louvers and glass wall would not have an unacceptable impact on the streetscape and would protect the rail infrastructure. The proposal is acceptable in this regard.

 

2.3.2    Development with frontage to a classified road

 

The proposal is assessed against the requirements of Clause 101 of the SEPP (Infrastructure) as it fronts Pacific Highway. In accordance with the requirements of the Policy, the development does not propose any vehicular access from Pacific Highway and includes a Noise Assessment Report addressing the noise attenuation measures to mitigate the noise from traffic on this road.

 

Council’s assessment of the proposal considers that the development is satisfactory subject to the implementation of recommended conditions.

 

2.3.3    Traffic Generating Development

 

The development is classified as a Traffic Generating Development in accordance with Clause 104 of the SEPP (Infrastructure) as it is located on a site that has direct vehicular or pedestrian access to a road that connects to a classified road, where the access is located within 90m of the connection.

 

The proposed development involves access from Edgeworth David Avenue via a common driveway for ingress and egress. A loading dock is located immediately adjoining the driveway to the west.

 

The development application includes a Traffic Assessment Report. The report calculates the trip generation for all components of the development in accordance with the Roads and Traffic Authority (RTA) guidelines and concludes that the development would result in a net increase of only 8 trips per hour during the PM peak period which is considered negligible.

 

The application was referred to the RTA for concurrence whereby concerns were initially raised regarding the width of the driveway not complying with the required width for Category 3 driveways and the dimensions of the loading dock which were such that a 10.5 metre long vehicle standing on the dock would block the driveway.  The RTA recommended that a Delivery Management Plan for the site would resolve the non-compliance with regard to the loading dock dimensions.

 

The applicant has addressed the above issues by widening the width of the driveway at the entrance to provide access for a HRV and a car at the same time. The swept path analysis demonstrates that HRV access to the site can be maintained at all times from Edgeworth David Avenue.

 

A Delivery Management Plan has been submitted to Council detailing the operations of the loading dock, the truck management on site and the expected loading dock capacity, to

 

 

compensate the numerical non-compliance with regard to dimensions of the bay. The report stipulates the following delivery times to the retail and commercial premises:

 

·       Monday to Friday; 8am – 8pm

·       Weekends and Public Holidays: 8 am – 5 pm with pre-arrangements.

 

Given the above, it is considered that the application addresses the requirements in relation to a Traffic Generating development and the vehicular access to the site satisfactorily. The RTA has raised no further concerns subject to the implementation of recommended conditions. The details in relation to parking are discussed in section 2.8 of this report.

 

2.4       State Environmental Planning Policy No. 65 – Design Quality of Residential Flat Development

 

The application has been assessed against the requirements of the State Environmental Planning Policy No. 65 (SEPP 65). This Policy provides State-wide planning controls for establishing design criteria for the assessment of residential flat developments and for residential components of mixed use developments. The primary aim of SEPP 65 is to “improve the design quality of residential flat development in New South Wales”. 

 

The following section of this report includes an assessment of the residential component of the proposed development against the ten principles provided in Part 2 of SEPP 65:

 

2.4.1    Principle 1: Context

 

The site is located within the Hornsby Town Centre which may be described as an area undergoing transition featuring a variety of examples of building forms including the Westfield Shopping Complex, contemporary style high density residential and commercial developments and older low scale commercial and industrial buildings. The desired future character of the area is reflected in the requirements of the Hornsby Town Centre Development Control Plan which are discussed in more detail under Section 2.8 of this report. However, they may be generally summarised as being the focus of retail and commercial activity within the Shire. The proposed development comprising retail, commercial and residential floor space within a distinctive, contemporary building form in the core area of the ‘Town Centre’ is considered to respond suitably to the ‘context’ principle of SEPP 65.

 

2.4.2    Principle 2: Scale

 

Council requires that buildings within the Hornsby Town Centre be constructed with a podium level for the first two to three storeys and any tower element be constructed above the podium level, setback from the boundary to lessen the visual impact of the vertical mass.

 

The proposed development involves a seven storey building with a three storey podium that extends along both frontages of the site. Mixtures of materials provide horizontal separation of building components.  The design is in keeping with the desired character of the precinct and reduces the overall scale of the development by stepping the building up.

 

2.4.3    Principle 3: Built Form

 

The proposed development presents a distinct architectural design providing an attractive landmark building on this key ‘gateway’ site within the Hornsby Town Centre.

 

The details of the elements of the built form have been assessed against the development controls with the Hornsby Town Centre Development Control Plan in Section 2.8 of this report.

 

2.4.4    Principle 4: Density

 

The proposed development complies with the FSR requirement contained within the HSLEP and complies with the density principle of SEPP 65.

 

2.4.5    Principle 5: Resource, energy and water efficiency

 

The proposed development includes a BASIX certificate and complies with the requirements with regard to water, thermal comfort and energy. The proposal also complies with the natural ventilation and solar access requirements within the Residential Flat Design Code (RFDC). The details of the above matters have been discussed in sections 2.4.11 and 2.5 of this report. 

 

2.4.6    Principle 6: Landscape

 

The proposed development would not impact on any significant landscaping element on site.

 

The application includes a landscape concept plan providing landscaping along Council’s footpath on Pacific Highway and Edgeworth David Avenue. Such planting would activate the street frontage and improve the overall appearance of the area.

 

The proposed development, being located in a dense urban area has no provision for deep soil planting at the ground level. This is in line with the requirements of the Hornsby Town Centre Development Control Plan. To compensate this, extensive landscaping would be provided within the common recreational area at the roof level with associated amenity. The courtyards of the ground level residential units would also incorporate sufficient landscaping to soften the built form.

 

Given the above, the proposal satisfies the intent of the ‘Landscaping’ principle of SEPP 65.

 

2.4.7    Principle 7: Amenity

                                     

The application has been assessed against the ‘Building Amenity’ criteria within the RFDC and is discussed in detail in section 2.4.11 of this report.

 

Generally, the proposal would provide convenient and safe access to the residential component of the development via a central lift connecting the basement and all other levels. The development also proposes satisfactory noise attenuation measures to mitigate the impact of noise from the rail corridor and adjoining roads.

 

The application is assessed as satisfactory against the ‘Amenity’ principle of SEPP 65.

 

2.4.8    Principle 8: Safety and security

 

The proposed development is located on the corner of a busy intersection which experiences a high level of pedestrian movements from users of surrounding shops, offices, schools, and residential apartments. The development features the majority of the balconies and living areas addressing the street frontages to increase the level of observation and ‘eyes on the

 

street’. The design has regard to the ‘Crime Prevention through Environmental Design (CPTED)’ principles and does not include any obvious unobserved areas.

 

The RFDC requires the preparation of a formal Crime Assessment Report for development that comprises more than twenty residential units. The proposal does not include such a report.  This matter has been discussed in section 5.2 of this report.

 

2.4.9    Principle 9: Social dimensions

 

The site is located in close proximity to the Hornsby train station which services the Main Northern Line and the North Shore Line and provides bus interchanges. The site is also located within close proximity to a variety of shopping, recreation and educational facilities. A reasonable mix of land uses, dwelling types and sizes has been proposed complying with the requirements within the RFDC improving the housing choice in the locality.

 

The development is assessed as satisfactory with regard to social dimensions.

 

2.4.10 Principle 10: Aesthetics

 

The proposal is generally consistent with the design principles contained within the RFDC. It is considered that the aesthetic quality of the building contributes to the desired future character of the Hornsby town centre.

 

There are prescriptive design guidelines within the Hornsby Town Centre Development Control Plan for such mixed use developments. The details of the assessment of the built form and the aesthetics of the development against the DCP controls are contained in section 2.8 of this report.

 

2.4.11 The Residential Flat Design Code

 

Clause 30(2) of SEPP 65 requires consent authorities to consider the design quality of the residential flat development when evaluated in accordance with the design quality principles, and the Department of Planning’s Residential Flat Design Code (RFDC).  The following is an assessment of the proposal against the requirements of the RFDC:

 

Residential Flat Design Code

Site Design

Issue

Rule of Thumb

Provided

Compliance & Comments

Building Depth

10-18 metres

 

27 metres for residential section

No

Building Separation

12m  increased to 18m from fifth level

6 m from boundary

No

 

Deep Soil Zone

Min 25%

Not provided

No

Communal open space

25-30%

25 %

Yes. Communal open space is provided at the roof top.

Private Open Space (POS) for Ground floor units

Min 25 m2 for each unit

POS for all units in the lowest level of residential use exceed 25 m2 except Unit 3 (23 m2).

No. Unit 3 is only a studio apartment with a GFA of 35 m2. Therefore the 23 m2 POS area is considered sufficient for this unit.

Min Dimension for POS at Ground  Level

4 m minimum in one direction

Primary courtyard area has 4 m minimum dimension for all units

Yes

Pedestrian Access

20 % of the dwellings  should have barrier free access

Continuous path of travel via lifts provided from street to all units

Yes

Unit Depths

Issue

Rule of Thumb

Provided

Compliance

Single aspect studio apartments

 Depth  - Unit 3, 11, 19, 27 (North facing apartments)

8m maximum depth

6 m maximum depth

Yes

Distance of kitchen - Unit 3, 11, 19, 27

8m maximum from window

Back of kitchen 5 m from window

Yes

Single aspect one bedroom apartments

Depth and Kitchen distance

(Single aspect east facing units. The living area would have corner aspect)

 8 m maximum depth and kitchen distance  8 m from window

 8 m maximum depth with kitchen located adjoining the window.

Yes

Additionally the unit at the top floor has an openable light well to provide extra ventilation and light.

Two bedroom apartments

Dimensions for two bedroom units that are single aspect  with  one section having corner aspect

Maximum

(14.3m X 6.3m)

 

And 8 m depth for single aspect areas

(14.2  - 11)m X( 6 – 10) m

 

 

8 m

Yes

 

 

Yes

Depth for single aspect two bedroom units

 8 m maximum

( 7 – 10.5) m

No

The area exceeding the 8m depth includes the bathroom and laundry which are non-habitable. The non-compliance with regard to depth of these units is acceptable.

Three Bedroom corner apartment

Dimensions

 

 (16 X 8.6)m

 

 

And 8 m depth for single aspect areas

 

11 m X 5 m (living areas including kitchen)

 

Single aspect areas have a max depth 8 m

Yes.

 

 

Yes

Building Configuration

Issue

Rule of Thumb

Provided

Compliance

Balconies

One primary balcony/courtyard and secondary balconies to bedrooms

 

Balconies with access from multiples rooms have been provided to improve amenity.

One primary balcony/courtyard and secondary balconies to bedrooms provided

 

 

Provided

Yes

 

 

 

 

Yes

Depth of balconies

Minimum depth 2m for primary balconies

> 2 m for primary balconies/courtyards

Yes

Ceiling heights - Residential floors

2.7 m min height

3 m

Yes

Ceiling heights - Retail/commercial ground floor

3.3 m

4.3 m for Ground floor retail  and 3.3m for Commercial floors

Yes

No. of units accessed from double corridors

Maximum  8

8

Yes

Corridors

Short and clear sights

 

Avoid tight corners

Corridors lengths are optimised with sufficient foyer spaces

No corners provided

Yes

 

Yes

Separation of Uses

Separate residential uses from retail by providing intermediate office space

Retail located in ground floor with two floors of office areas separating the four levels of residential space above

Yes

Total Storage area -  Studio Units

6 m3 (minimum) with 50 % accessible from apartment

8.6 m3 with 50 % space accessible from apartment

Yes

 

Total Storage area One bedroom units

6 m3 (minimum) with 50% accessible from apartments

7.43 m3 - 9.08  m3 with 50 % space accessible from apartment

Yes

Total Storage area -  Two bedroom units

8 m3 (minimum) with 50 % accessible from apartment

9.08 m3 -  16.32 m3  with 50 % space accessible from apartment

Yes

Total Storage area -  Three bedroom units

10 m3 (minimum) with 50 % accessible from apartment

10.49 m3-12.98 m3 with 50 % space accessible from apartment

Yes

Building Amenity

Issue

Rule of Thumb

Provided

Compliance

Aspect

Optimise northern aspect

50 % have northern aspect

Yes

Solar access

70% receive 2 hrs direct sunlight

72 % receive 2 hrs direct sunlight

Yes

No of single aspect units  with SW-SE aspect

10% maximum

There are no single aspect units that are located to the south, SW or SE.

Yes

Cross ventilated units

60 %

65 %

Yes

Kitchen with access to natural ventilation

25 %

25 %

Yes

 

As detailed in the above table, the proposed development does not comply with some ‘rules of thumb’ within the RFDC.  The matters of non-compliance have been discussed in the above table and/or below as well as a brief discussion on compliance with relevant performance standards:

 

2.4.11.1 Building Depth

 

The proposal does not comply with the required 10 to 18 metres maximum building depth for the residential component. The proposed development would be located in a dense urban area with zero setbacks to the boundaries resulting in numerical non-compliance with the building depth.

 

The RFDC prescribes that the control over the building depth is important as non-compliance with the above could result in overshadowing and lack of cross-ventilation to the residential units.

 

As indicated in the table above, applicant has demonstrated that 65 % of the units are cross-ventilated and 72 % of the units would receive 2 hours of direct solar access. Further, the submitted shadow diagrams indicate that the building would not overshadow the private open space areas and the living areas of any adjoining development due to the building layout and separation by the rail corridor. Accordingly, it is considered that the proposed development achieves the objective of the ‘Building Depth’ control within the RFDC and is acceptable in its current form.

 

2.4.11.2 Building Separation

 

The RFDC requires that the building separation between two adjoining developments be 12 m and be increased to 18 m from the fifth level to provide sufficient solar access and cross ventilation to the upper level units.

 

The proposed development does not directly adjoin a residential development on any elevation. Therefore this control cannot be strictly applied to this development. The proposal includes a 6 metre separation of the residential component for the eastern boundary. The applicant submits that such a separation would ensure a 12 m minimum separation in the event that the adjoining property is similarly developed.

 

The proposal retains the 6 metres setback throughout the four floors and does not increase the setback to 9 metres (to provide the required 18 metres separation) from the fifth level. The applicant submits that the setback is not increased to 9 metres at the fifth level as it would only result in the setting back of one floor (fifth floor) by a further 3 metres and no discernable advantage would be achieved from the amenity point of view.

 

 

 

An assessment of the proposal with regard to the building amenity provisions has been conducted and it is noted that the Council permits a maximum height of 24 m (or seven storeys) on this site and on the adjoining property to the east. It is considered that increasing the setback of the uppermost level of this building by a further 3 metres would not provide for significant additional solar access or natural ventilation to any future development on the adjoining block of land.

 

The development is assessed as satisfactory with regard to the ‘Building Separation’ provision.

 

2.4.11.3 Deep Soil Zone

 

The proposal does not provide for any deep soil landscaping area within the site.  This conforms to the desired continuous urban wall on the streetscape of the eastern precinct of the town centre area. The proposal includes sufficient landscaping opportunities as discussed in section 2.4.6 of this report.

 

2.4.11.4 Solar Access and Natural Ventilation

 

The applicant has submitted a detailed SEPP 65 compliance table indicating the compliance of individual units with solar access and natural ventilation controls within the RFDC. As indicated in the table, the units would comply with the above requirements and the proposal is acceptable in this regard.

 

2.4.11.5  Acoustic Privacy

 

The design of the internal layouts of the residential is designed such that noise generating areas of majority of the units to adjoin each other. Storage or circulation zones would act as a buffer between units. Bedrooms and service areas such as kitchens, bathrooms and laundries are also proposed to be grouped together wherever possible. Continuous walls are proposed to ground level courtyards. Measures to reduce noise transmission from common corridors have been provided within the unit layouts.

 

The proposal complies with the ‘Acoustic Privacy’ requirements within the RFDC and is assessed as satisfactory.

 

2.5       State Environmental Planning Policy (Building Sustainability Index – BASIX) - 2004

 

The application has been assessed against the requirements of State Environmental Planning Policy (BASIX) 2004 which seeks to encourage sustainable residential development.

 

The proposal includes a BASIX certificate in accordance with the requirements of the SEPP including the list of commitments to be complied with at the construction stage and during the use of the premises. The BASIX certificate achieves the minimum scores for thermal comfort, water and energy.

 

The proposal is acceptable in this regard.

 

2.6       State Environmental Planning Policy No. 32 - Urban Consolidation (Redevelopment of Urban Land)

 

 

The application has been assessed against the requirements of SEPP 32.  The SEPP requires Council to implement the aims and objectives of this Policy to the fullest extent practicable when considering development applications relating to redevelopment of urban land.  The objectives include promotion of the orderly and economic use of land and implementation of a policy of urban consolidation which would promote the social and economic welfare of the State. There are no prescriptive controls within this Policy.

 

The application complies with the objectives of the Policy as it would promote social and economic welfare of the locality and would result in the orderly and economic use of under utilised land within the Town Centre.

 

2.7       Sydney Regional Environmental Plan No. 20: Hawkesbury Nepean River

 

The application has been assessed against the requirements of Sydney Regional Environmental Plan No. 20.  This Policy provides general planning considerations and strategies requiring Council to consider the impacts of this proposal on water and scenic quality, aquaculture, recreation and tourism.

 

The proposed development would have minimal potential to impact on the water quality of the catchment, with the implementation of management measures for the construction and operational phases of the development.  A condition is recommended with respect to installation of sediment and erosion control measures prior to and during construction.

 

The proposal also includes details of stormwater management of the site by providing an on-site detention system. Council’s assessment of the proposal in this regard concludes that the development is satisfactory.

 

2.8       Hornsby Town Centre Development Control Plan

 

The proposed development has been assessed having regard to the relevant performance and prescriptive design standards contained within Council’s Hornsby Town Centre Development Control Plan (Town Centre DCP).  The following table sets out the proposal’s compliance with the prescriptive standards of the Plan:

 

Hornsby Town Centre Development Control Plan

Control

Proposal

Requirement

Compliance

Height

 

28 m

24 m

No

Setbacks

 

Pacific Highway (west)

Edgeworth David Avenue (north)

Railway Corridor(south)

East

 

0m

 

0 m

3.05m

0 m

 

0m

 

0m

0m

0m

 

Yes

 

Yes

Yes

Yes

 

As detailed in the above table, the proposed development does not comply with the prescriptive standard in relation to height within Council’s Town Centre DCP.  The matters of non-compliance are detailed below, as well as a brief discussion on compliance with relevant performance standards.

 

2.8.1    Town Centre Strategy

 

The proposed development is consistent with the adopted strategies for ‘Eastern Precinct’ of the Town Centre by providing retail and commercial facilities in additional to increasing the housing choice within the locality.

 

2.8.2    Gateway Point

 

The corner of Pacific Highway and Edgeworth David Avenue is identified as a ‘Gateway’ point due to its prominent location. The building being located adjacent to the gateway, incorporates landmark features including fin walls and steel posts on top. The curvilinear corner at the ground level provides additional emphasis on the structure and addresses the gateway point satisfactorily.

 

2.8.3    Views and Vistas

 

The proposed low rise curved podium provides space in between the tall buildings and aligns with the vistas along the northern axis of the Pacific Highway and east-west axis along Edgeworth David Avenue.

 

The design of the residential developments on the upper floor would take advantage of views of the surrounding bushland.

 

2.8.4    Street Trees

 

The proposal includes planting along Edgeworth David Avenue in accordance with the prescriptive measures of the Town Centre DCP and would maintain consistency with the established street trees.

 

2.8.5    Traffic Management

 

The application includes a Traffic Impact Statement. The Town Centre DCP requires applicants to conduct additional traffic modelling within the Town Centre, should a development exceed the floor space ratio of 4:1.

 

The development proposes a floor space ratio of 4.6:1 and does not include additional traffic modelling for the intersection adjacent to the site. However the proposed floor space ratio exceeds the required threshold by a minor extent. The submitted Traffic Report demonstrates that the proposal would not result in an unmanageable traffic generation within the Town Centre. The RTA has reviewed the proposal and has not raised any concerns with regard to

 

 

traffic generation. Given the above, it is considered that additional traffic modelling would not be necessary for the proposed development.

 

2.8.6    Solar Access

 

The development does not adjoin a residential development or a public open space area. The adjoining footpath to the north would receive sufficient sunlight between 12 noon and 2 pm on 22 June in accordance with the Town Centre DCP. The applicant has demonstrated that the adjoining eastern property would receive 2 hours of sunshine between 9 am and 3 pm on 22 June.

 

The proposal is acceptable with regard to solar access.

 

2.8.7       Eastern Precinct Development Controls

 

2.8.7.1    Building Design

 

The building design includes a distinctive top, middle and base. The podium would incorporate retail and commercial uses and minimise blank facades in the street wall. The upper floors are proposed to be further set back. Thus the building would step up from the ground ensuring solar access to pedestrian walkways and provide an appropriate pedestrian interface with regard to the scale.

 

The upper level and roof is proposed to be treated with additional elements and steel posts of distinctive colour, the service elements being set back from the building edge and the plant rooms screened by parapet treatment at roof level.  The materials and colours provide a balance between the horizontal and vertical elements.

 

The curtain wall for the commercial podium and the use of the red colour in certain sections of the building are considered to blend with the recent developments in the eastern precinct of the Town Centre.

 

Given the above, it is considered that the proposed development complies with the prescriptive measures in relation to building design within the eastern precinct.

 

2.8.7.2    Height

 

The proposed development exceeds the maximum building height of 24 metres prescribed by the Town Centre DCP. The ceiling height of the topmost level of the development level would finish at a height of 24 metres from ground level. However, the development would require an additional 4 metres to accommodate the plant rooms and the lift room, to be screened by parapet treatment.

 

The proposal includes a 4 metre ceiling height for the retail premises and 3.2 metre ceiling height for each of the two commercial floors. The additional ceiling-heights contribute to the overall increase in height of the premises. The floor to ceiling heights of the residences are proposed to be 3 metres instead of the required 2.7 metres (RFDC) to improve the amenity of the premises.

 

The applicant has demonstrated that the proposed increase in height would not result in overshadowing of the adjoining premises or adversely impact on the streetscape. Further, due to the setbacks of the plant rooms from the boundaries, the perceived building height when

viewed from the street and surrounding areas would not be greater than 24 metres. The development would maintain a maximum RL of 218.40 above ground level (top of lift room) and would be less than the maximum RL of 220 for adjoining multi-unit housing developments located south along the Pacific Highway and with the Pound Road Precinct.

 

It is noted that Council previously approved DA/485/2004 with a building height of 26 metres excluding the height of the parapet and plant rooms. The proposed development would be contained within this approved building envelope on site and also the existing and desired future building envelope of the Hornsby Town Centre.

 

Given the above and that the increase floor to ceiling height of each of the internal floors would result in a better design outcome for the premises, the non-compliance with regard to building height is considered acceptable.

 

2.9       High Density Multi Unit Housing Development Control Plan

 

The proposed development has been assessed having regard to the relevant performance and prescriptive design standards within Council’s High Density Multi Unit Housing Development Control Plan High Density Housing DCP. The following table sets out the proposal’s compliance with the relevant prescriptive standards of the Plan:

High Density Multi Unit Housing Development Control Plan

Control

Proposal

Requirement

Compliance

Outdoor Areas – Small units

 

 

 

Units 3 &  6

22.6 m2 & 40 m2

20 m2

Yes

Units 11, 14, 19, 22, 27, 15 and 23

8.4 m2

6 m2

Yes

Unit 30

48 m2

6 m2

Yes

Outdoor Areas – Medium Units

 

 

 

Units 1, 2, 4, 5, 7

45 - 90 m2

30 m2

Yes

Units 9, 16, 17, 24, 25, 32

18.8 m2

8 m2

Yes

Units 10, 12, 13, 18, 20, 21, 26, 28, 29

10 m2

8 m2

Yes

Unit 31

48.4  m2

8 m2

Yes

Car Parking

 

Residential

Residential visitor                 

 

 

29 spaces

7 spaces

 

 

28 spaces

6.4 spaces

 

 

Yes

Yes


 

As detailed in the above table, the proposed development complies with the prescriptive standards within Council’s High Density Housing DCP.  A brief discussion on compliance with the relevant performance standards is discussed below.

 

2.9.1    Site Coverage and Setback

 

The ‘Site Coverage’ and ‘Setback’ provisions contained within the High Density Housing DCP would not apply to this development as it is located within the Town Centre. The development complies with the development controls prescribed by the Town Centre DCP.

 

2.9.2    Privacy

 

The High Density Housing DCP prescribes that windows of habitable areas should not face directly onto the windows, balconies of adjoining dwellings.

 

The development fronts two roads and the North Shore rail corridor on the northern, western and the southern sides. The units within the development would not front each other and would not impact on each other’s privacy. The ground level courtyards include continuous walls and only the extended section of these yards would be visible from the upper floors.

 

The adjoining property to the east comprises a commercial development and adequate building separation has been provided between this and the subject site. The impact of the proposed development on the site to the east, with regard to privacy would be considered during the assessment of any future development application on that site.

 

2.10     Car Parking Development Control Plan

 

The proposed development has been assessed having regard to the relevant performance and prescriptive design standards contained within Council’s Car Parking Development Control Plan (Car Parking DCP).  The following table sets out the proposal’s compliance with the relevant prescriptive standards of the Plan:

Car Parking Development Control Plan

Control

Proposal

Requirement

Compliance

Car Parking

 

Residential

 

Residential visitor

 

Retail

 

Commercial

 

 

29 spaces

 

7 spaces

 

21 spaces

 

51 spaces

 

 

28 spaces

 

6.4 spaces

 

22.5 spaces

 

55 spaces

 

 

Yes

 

Yes

 

No

 

No

Total Car parking

108

112

No

Minimum dimension of car spaces

2.4 – 2.5 m x 5.5 m

2.5 x5.5 m

No

Min headroom for basement

2.3 m

2.3 m

Yes

 

 

As indicated in the table above, the proposal does not comply with the car parking requirements within Council’s Car Parking DCP. Council has conducted a detailed assessment of the proposal in this regard.

 

The proposed development provides for additional bike and motorcycle parking spaces to compensate for the loss of car parking spaces. Given that the development would be located within the town centre at a walking distance from the railway station, bus interchange and a major shopping centre, the minor non-compliance with regard to car spaces is acceptable. Notwithstanding that the proposed number of car parking spaces is considered acceptable, it is considered appropriate that the applicant be required to make a monetary contribution for the shortfall in car parking spaces pursuant to Council’s Section 94 Plan. An appropriate condition has been included in this regard within Schedule 1 of this report.

 

It is noted that whilst the development complies with the prescribed number of residential spaces, there would be less than one space per residential unit. It is suggested that the applicant consider providing at least one space per residential unit by reconfiguring car parking at the construction certificate stage.

 

A number of car spaces to be used for commercial and retail purposes do not comply with the minimum dimensions prescribed by the Town Centre DCP. The proposal includes sufficient aisle widths in excess of the requirements of the Australian standards for satisfactory manoeuvring of vehicles. Accordingly, the non-compliance with regard to the width of the car spaces is acceptable.

 

The details regarding traffic generation and the accessway to the site are discussed in Section 2.3.3 of this report.

 

2.11     Access and Mobility Development Control Plan

 

The proposed development has been assessed having regard to the relevant performance and prescriptive design standards within Council’s Access and Mobility Development Control Plan (the Mobility DCP).  The following table sets out the proposal’s compliance with the relevant prescriptive standards of the Plan:

Access and Mobility Development Control Plan

Control

Proposal

Requirement

Compliance

Lift dimensions

1200 mm x 2000 mm

1000 X 1100 mm

Yes

Density

1 unit

1 per 10 – 49 units

Yes

Entrance door width

1000 mm

760 mm minimum

Yes

Walkway width

2 m

1350 mm minimum

Yes

Disabled car space width

(3.2 -3.9) m x 5.5 m

3.2  m X 5.5 m (minimum)

Yes

No of disabled car spaces

 4 spaces @ 1 at each level

2.16 @2% minimum rate

Yes

 

 

As detailed in the above table, the proposed development complies with the prescriptive standards within Council’s Mobility DCP. 

 

The proposal includes an Access Report which provides the details of compliance with the requirements of a barrier free design. The proposed development would include a continuous path of travel to all the retail areas on the ground floor. All other levels of the development would be accessible via a central lift. Disabled unisex toilets are proposed on the non-residential floors of the development.

 

Given the above, the proposal is assessed as satisfactory with regard to access and mobility.

 

2.12     Waste Management and Minimisation Development Control Plan

 

The proposal includes a waste management plan and details of on-going waste management on site. The design of the development incorporates a common waste disposal area at the ground level in addition to temporary waste cupboards being provided for each unit.

 

The application complies with the requirements of Council’s Waste Management and Minimisation Development Control Plan.

 

2.13     Sustainable Water Development Control Plan

 

Subject to sediment and erosion control measures being implemented on site during construction, the proposal would comply with the requirements contained within the Sustainable Water Development Control Plan.

 

2.14     Section 94 Contributions Plan

 

Council’s Section 94 Plan applies to the development as it would result in the generation of additional commercial and residential floor space and car parking requirements beyond the capacity of the development.

 

The requirement for a monetary Section 94 contribution has been recommended as a condition of development consent.

 

3.         ENVIRONMENTAL IMPACTS

 

Section 79C(1)(b) of the Act requires Council to consider “the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality”.

 

3.1       Natural Environment

 

The proposed development would result in the removal of one tree on the site (Eucalyptus saligna). The application includes a detailed Tree Assessment Report.

 

Council’s assessment of the application in this regard included a detailed examination of the tree. The tree is not considered to be significant and therefore no concerns are raised to the removal of the tree.

 

 

 

The proposed development is located in a dense urban area and the construction of the building would not result in a negative impact on the natural environment subject to implementation of recommended conditions during construction.

 

3.2       Built Environment

 

3.2.1    Built Form

 

The building would be located in a prominent location of the Town Centre. Being 28 metres high, the building would be visible from a number of public and private places within the locality.  The design of the development attempts to reduce the visual impact by stepping the building up and proposing a three storey high podium consistent with Council’s Town Centre DCP.

 

The matters in relation to built form and the impact on the streetscape are discussed in detail in sections 2.4 and 2.8 of this report. The site is surrounded by similar high density developments which are 9 – 10 storeys high. The structure would blend with the high density developments in the locality and is acceptable with regard to its visual impact on the built environment.

 

3.2.2    Traffic

 

The proposal is categorised as a traffic generating development. The details in relation to traffic are discussed in section 2.3.3 of this report.

 

Council’s engineering assessment of the traffic impacts of the development concludes that the development is acceptable with regard to the level of traffic generated and the non-compliances with regard to car parking is also acceptable given the close proximity of the development to public transport.

 

The development is acceptable in relation to traffic.

 

3.3       Social Impacts

 

The social impacts of the development on the local and broader community have been considered with specific reference to the potential employment generation within the complex.  It is estimated that the development would generate a significant number of equivalent full time positions post construction. The details of employment generation would be estimated during the assessment of future development applications for the first use of each premise.  This is consistent with the North Subregion (Draft) Subregional Strategy that provides a target of 9,000 jobs within the Hornsby LGA by 2031.

 

The residential component of the development would improve the housing choice in the locality by providing thirty-two additional units that a range of sizes from studio to three bedroom units. This is consistent with the North Subregion (Draft) Subregional Strategy.

 

3.4       Economic Impacts

 

The proposed development would result in 3148 sq metres of retail and commercial floor space within the Hornsby town centre.  Therefore, there would be a number of multiplier effects that the development would provide throughout the local economy.  These multiplier effects would result from the sourcing of goods and services from suppliers to businesses

within the complex as well as the increased consumption generated by the increase of employment in the area.  The complex is likely to provide employment opportunities to younger age groups, which typically have higher unemployment rates within the region.

The development would result in a positive economic impact on the locality.

 

4.         SITE SUITABILITY

 

Section 79C(1)(c) of the Act requires Council to consider “the suitability of the site for the development”.

 

The site is level, does not contain any significant vegetation or natural watercourses and is not subject to bushfire risk.  The property, being a gateway site adjacent to a large commercial and residential precinct, is considered appropriate in respect to the proposed land uses and is suitable for the development.

 

5.         PUBLIC PARTICIPATION

 

Section 79C(1)(d) of the Act requires Council to consider “any submissions made in accordance with this Act”.

 

5.1       Community Consultation

 

The proposed development was placed on public exhibition and was notified to adjoining and nearby landowners between 27 November 2008 and 9 January 2009 in accordance with Council’s Notification and Exhibition Development Control Plan.  During this period, Council received four submissions.  The map below illustrates the location of those nearby landowners who made a submission that are in close proximity to the development site.

 

NOTIFICATION PLAN

 

 

•         PROPERTIES    NOTIFIED

 

X       SUBMISSIONS

         RECEIVED

 

             PROPERTY SUBJECT OF DEVELOPMENT

 

Two submissions have been received from the same address and one submission has been received from an existing tenant within the site

 

Four submissions objected to the development, generally on the following grounds that the development would result in:

 

·    Unacceptable noise impacts during construction works;

·    Unacceptable traffic generation on the local streets;

·    Alteration of the right-of-way to the neighbouring property during construction works;

·    Piles being anchored to the footings of the neighbouring property to the east during construction

·    Closure of the fire-exit for the adjoining property to the east;

·    Unacceptable impact on the rail corridor due to the bore holes;

 

The objections also raised the concerns that the development would:

 

·    Include inadequate parking spaces within the premises with inadequate dimensions and aisle widths;

·    Include inadequate turning path for delivery vehicles on the ground floor;

·    Exceed the prescribed height limit within the Town Centre;

·    Have little architectural merit;

·    Overshadow the courtyards of No. 10 Edgeworth David Avenue located east of the site;

·    Provide no open space;

·    Provide no landscaping;

·    Provide no community facilities;

·    Provide no setbacks;

·    Construction vehicles reversing on to the site;

·    Block the pedestrian access to No. 10 Edgeworth David Avenue during the construction works and therefore hamper the on-going medical practice within the premises.

·    Restrict the use of the ambulance bay within the premises.

·    Restrict the access of large vehicles like cranes for emergency railway maintenance due to the presence of the building over the right-of-way;

·    Propose works on the neighbouring property to the east without owners’ consent;

·    Provide no rear entries to the shops at the ground level;

·    Result in illegal parking by the delivery vehicles on the streets as no separate entry to shops are provided;

·    Provide no parking for courier vans in the basement;

·    Provide no management of traffic on site due to lack of space and therefore result in blockage of Edgeworth David Avenue during peak periods;

·    Provide no details of softening the facades of the building via landscaping;

 

Additionally the objectors have also indicated that the proposal does not provide the following details:

 

·    Adequate information about the lifts accessing the commercial and residential floors;

·    Any details of the proposed ventilation systems and any other anti-pollutant systems for retail/business premises;

·    Incorrect estimated cost of works;

 

 

One objector has raised concerns that the tenant of the existing commercial premises on site has not been notified by Council.

 

The merits of the matters raised in community submissions have been addressed in the body of the report with the exception of the following:

 

5.1.1    Right-of-way during construction & works on neighbouring property

 

The development initially proposed works to the neighbouring property by filling the entrance driveway. However owner’s consent was not obtained for the works and subsequently the proposal has been amended to include no works within the adjoining premise.

 

The application includes a detailed Construction Management Plan. The Construction Management Plan provides the following details of staging of the construction works:

 

Stage 1 would involve works within the section of the driveway adjacent to the entrance to the site. During this period a temporary right-of-way would be operating to allow the car park of the adjoining property to be fully operational.

 

The right-of-way location would be altered temporarily during the construction works to enable the widening of the driveway and the basement works. A temporary footbridge would be constructed to provide pedestrian access to the medical centre from the subject site in the existing location. The fire-exit would not be blocked at any time due to the construction of this footbridge.

 

Stage 2 would involve works within the section of the driveway adjoining the entrance to No. 10 Edgeworth David Avenue.  During the construction of this section of the driveway, a temporary car parking arrangement would be provided on the subject site for the adjoining property users to park their cars including an ambulance bay.

 

It is considered that reasonable provisions have been made by the applicant to assist the on-going activities within the medical centre at No. 10 Edgeworth Avenue that currently utilises the driveway within the subject site for access.

 

 Following the completion of the construction works for the driveway, the resultant right-of-way would be wider and therefore would provide improved amenity to both the sites in lieu of a temporary period of alterations to the driveway and car-parking arrangement. The proposed development would not restrict the ambulance bay at any time.

 

Given the above, the application is assessed as satisfactory with regard to the right-of-access provision. A condition is recommended that a right-of-way to No. 10 Edgeworth Avenue be maintained at all times during the construction works.

 

5.1.2    Restriction of emergency vehicle access

 

The site is a private property and is not likely to be used for emergency vehicle access for works within the rail corridor. Further, the site is not subject to bushfire risk. Therefore emergency vehicle access by the Rural Fire Service is not required.

 

 

 

 

The driveway would have a height clearance of 4.5 metres which would allow access to the HRVs, garbage trucks and cars and also would facilitate ambulance access to the adjoining eastern property.

 

The proposal is acceptable in this regard.

 

5.1.3    Unacceptable noise impacts during construction on site

 

The proposed construction works would result in additional noise generation on the site for a temporary period of time. A condition of consent has been recommended restricting the construction hours to manage noise and maintain the amenity of the neighbouring properties.

 

Given that there is a high level of existing noise associated with the rail corridor and the two busy road frontages, it is considered that the proposal would not generate unacceptable noise impacts during construction works.

 

5.1.4    Piles to be anchored to footing adjoining property

 

The applicant has specified that no works would be undertaken on the neighbouring property to the east including piles being anchored to the footing of the structure. Only one level of basement would be located along the eastern boundary of the site under the existing right-of-way. The depth of this basement level is similar to the existing basement of the adjoining eastern property. Due to the presence of the basement of the adjoining property, structural support is already available and no further anchoring would be required.

 

The Basement levels 2, 3 and 4 would be setback 3.05 metres from the eastern boundary and would not need any structural support of the neighbouring property.

 

5.1.5    Details of proposed ventilation systems for retail premises

 

The proposal does not include the first uses of the proposed retail premises. Therefore, assessment of the details of proposed methods of ventilation would be considered under separate development applications for first uses of the individual premises.

 

5.1.6    Cost of works

 

The applicant has submitted an estimated cost of works signed by a Quantity Surveyor in accordance with Council’s Policy. The application is acceptable in this regard.

 

5.1.7    Notification

 

One objector has raised concerns that the existing users of the site have not been notified of the application by Council.

 

The notification of the application has been conducted in accordance with Council’s Notification and Exhibition Development Control Plan which does not require Council to notify the tenants of the subject site.

 

5.2       Public Agencies

 

The development application was referred to the following agencies for comment:

 

 

5.2.1    Roads and Traffic Authority

 

The matter has been discussed in detail in section 2.3.3 of this report.

 

5.2.2    State Rail

 

The matter has been discussed in detail in section 2.2 of this report.

 

5.2.3    New South Wales Police Force

 

The development was referred to the NSW Police Force for comments with regard to Crime Prevention. NSW Police indicated that a formal Crime Assessment Report would not be required subject to the following measures being incorporated in the design:

 

·          Sufficient lighting of the service areas of the ground floor including the bulk storage area besides the retail premises.

·          A convex mirror be installed on the wall adjacent to the doorway into the fire stairwell at the ground level.

·          A small inspection window be installed in the stairwell door to allow viewing from inside prior to exiting the building.

 

The applicant has incorporated the above matters in the design of the proposal. No objections are raised by the NSW Police.

 

6.         THE PUBLIC INTEREST

 

Section 79C(1)(e) of the Act requires Council to consider “the public interest”.

 

The public interest is an overarching requirement, which includes the consideration of the matters discussed in this report.  Implicit to the public interest is the achievement of future built outcomes adequately responding to and respecting the future desired outcomes expressed in environmental planning instruments and development control plans.

 

The application is considered to have satisfactorily addressed Council’s and relevant agencies’ criteria and would provide a development outcome that, on balance, would result in a positive impact for the community.  Accordingly, it is considered that the approval of the proposed development would be in the public interest.

 

CONCLUSION

 

The proposed development involves the demolition of an existing commercial building and the erection a seven storey mixed use development comprising 3148 sq. metres of commercial and retail floor space and thirty two residential units.

 

The site is located within the Hornsby Town Centre which is the major retail and commercial centre within Hornsby Shire and fulfils a secondary role of economic activity within a metropolitan context.  The proposed development would promote employment opportunities in a location that is well positioned to take advantage of nearby public transport nodes.

 

The site is identified as a visually prominent ‘gateway’ site within the Hornsby Town Centre. The proposed development would be eight storeys in height and would present a visually interesting façade and presentation to Edgeworth David Avenue and the Pacific Highway.

The development complies with Section 79(c) of the Environmental Planning and Assessment Act 1979, the design principles within SEPP 65, the standards within SEPP (Infrastructure) 2007, the Hornsby Shire Local Environmental Plan 1994 and the objectives of the development controls within Hornsby Town Centre DCP.

 

Approval of the proposal is recommended.

 

 

 

 

 

 

 

 

Rod Pickles

Manager - Assessment Team 2

Planning Division

 

 

 

 

Scott Phillips

Executive Manager

Planning Division

 

 

Attachments:

1.View

Locality Plan

 

 

2.View

Site Plan

 

 

3.View

Floor Plans

 

 

4.View

Elevation Plans

 

 

5.View

Section Plan

 

 

6.View

Shadow Plans

 

 

7.View

Landscape Plans

 

 

 

 

File Reference:           DA/1564/2008

Document Number:   D01141527

 

 

Note:  At the time of the completion of this planning report, no persons have made a Political Donations Disclosure Statement pursuant to Section 147(3) of the Environmental Planning and Assessment Act 1979 in respect of the subject planning application.


SCHEDULE 1

 

GENERAL CONDITIONS

 

The conditions of consent within this notice of determination have been applied to ensure that the use of the land and/or building is carried out in such a manner that is consistent with the aims and objectives of the planning instrument affecting the land.

 

Note:  For the purpose of this consent, the term ‘applicant’ means any person who has the authority to act on or the benefit of the development consent.

 

Note:  For the purpose of this consent, any reference to an Act, Regulation, Australian Standard or publication by a public authority shall be taken to mean the gazetted Act or Regulation, or adopted Australian Standard or publication as in force on the date that the application for a construction certificate is made.

1.   Approved Plans and Supporting Documentation

The development must be carried out in accordance with the plans and documentation listed below and endorsed with Council’s stamp, except where amended by Council and/or other conditions of this consent:

 

Plan No.

Drawn by

Dated

Site Plan, 7 – 39, Issue C

Innovative Plans

26/02/2009

Site Plan, 8 – 39, Issue C

Innovative Plans

26/02/2009

Basement Level 4, 9 – 39, Issue C

Innovative Plans

26/02/2009

Basement Level 3, 10 – 39, Issue C

Innovative Plans

26/02/2009

Basement Level 2, 11 – 39, Issue C

Innovative Plans

26/02/2009

Basement Level 1, 12 – 39, Issue C

Innovative Plans

26/02/2009

Ground Floor – Retail, 13 – 39, Issue C

Innovative Plans

26/02/2009

Mezzanine Floor – Retail, 14 – 39, Issue C

Innovative Plans

26/02/2009

Level 1 – Commercial, 15 – 39, Issue C

Innovative Plans

26/02/2009

Level 2 – Commercial, 16 – 39, Issue C

Innovative Plans

26/02/2009

Level 3 –Residential, 17 – 39, Issue D

Innovative Plans

23/04/2009

Level 4 – Residential, 18 – 39, Issue D

Innovative Plans

23/04/2009

Level 5 – Residential, 19 – 39, Issue D

Innovative Plans

23/04/2009

Level 6 – Residential, 20 – 39, Issue D

Innovative Plans

23/04/2009

Roof Terrace Plan, 21 – 39, Issue D

Innovative Plans

23/04/2009

North Elevation, 22 – 39, Issue D

Innovative Plans

23/04/2009

South Elevation, 23 – 39, Issue D

Innovative Plans

23/04/2009

East Elevation, 24 – 39, Issue D

Innovative Plans

23/04/2009

West Elevation, 25 – 39, Issue D

Innovative Plans

23/04/2009

Section AA and BASIX Notes, 26 – 39, Issue C

Innovative Plans

26/02/2009

Adaptable details, 27 – 39, Issue C

Innovative Plans

26/02/2009

Landscape Concept Plan, Sheet 1/3 Rev – A

Vision Dynamics Pty Ltd

5/11/2008

Level 3 – Residential, Sheet 2/3 Rev – A

Vision Dynamics Pty Ltd

5/11/2008

Roof Terrace Plan, Sheet 3/3 Rev – A

Vision Dynamics Pty Ltd

5/11/2008

Basement Stormwater Drainage Plan and details Rev – D

Australian Consulting Engineers Pty Ltd

01/05/2009

Ground Floor Stormwater Drainage Plan and details Rev – E

Australian Consulting Engineers Pty Ltd

01/05/2009

First Floor OSD Tank location Rev – E

Australian Consulting Engineers Pty Ltd

01/05/2009

Erosion and Sediment Control Plan and details –Issue B

Australian Consulting Engineers

04/11/2008

 

Document No.

Prepared by

Dated

Schedule of Colours and Finishes

Innovative Plans

11/11/2008

BASIX certificate No. 222748M

 -

10/11/2008

Noise and Vibration Intrusion Report & RailCorp Acoustic Requirements

Day Design Pty Ltd

6/11/2008 & 23/02/2009

Geotechnical Review & Assessment of Geotechnical Affects on the RailCorp Corridor

Douglas Partners

28/10/2008 & 5/12/2008

Environmental Review of Site Contamination

Douglas Partners

5/11/2008

Traffic Report

Traffix Traffic and Transport Planners

7/11/2008

Access Compliance Report

PSE Access Consulting

20/10/2008

Construction Management Plan – 08AH3549

Australian Consulting Engineers Pty Ltd

 -

Design Verification Statement

Adriaan Winton Architects

November 2008

BCA Compliance Assessment & BCA Compliance Report

Acro Cert

4/11/2008 & 24/10/2008

Operations Management Plan

API Property Services

March 2009

Stormwater Drainage Summary Report Modelled on Drains

Australian Consulting Engineers Pty Ltd

October 2008

2.         Retention of Existing Trees

This development consent only permits the removal of tree numbered T1 as identified on the Site Plan dwg # 8 – 39 Issue C prepared by Innovative Plans dated 26 February 2009.  The removal of any other trees requires separate approval under Council’s Tree Preservation Order.

 

REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

 

The following conditions of consent must be complied with prior to the issue of a ‘Construction Certificate’ by either Hornsby Shire Council or an accredited certifier.  All necessary information to demonstrate compliance with the following conditions of consent must be submitted with the application for a construction certificate.

3.     Building Code of Australia

All building work must be carried out in accordance with the requirements of the Building Code of Australia.

4.     Contract of Insurance (Residential Building Work)

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.

 

Note:   This condition does not apply to the extent to which an exemption is in force under Clause 187 or 188 of the Act, subject to the terms of any condition or requirement referred to in Clause 187(6) or 188(4) of the Act, or to the erection of a temporary building.

5.     Water/Electricity Utility Services

The applicant must submit written evidence of the following service provider requirements:

 

a.         Energy Australia – a letter of consent demonstrating that satisfactory arrangements have been made to service the proposed development.

 

b.         Sydney Water – the submission of a ‘Notice of Requirements’ under s73 of the Sydney Water Act 1994.

 

 

 

Note:   Sydney Water requires that s73 applications are to be made through an authorised Sydney Water Servicing Coordinator.  Refer to www.sydneywater.com.au or telephone 13 20 92 for assistance.

6.   Dilapidation Report

A ‘Dilapidation Report’ is to be prepared by a ‘chartered structural engineer’ detailing the structural condition of all adjoining properties.

 

 

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

 

The following conditions of consent must be complied with prior to the commencement of any works on the site.  The conditions have been imposed to ensure that the works are carried out in such a manner that complies with relevant legislation and Council’s policies and does not disrupt the amenity of the neighbourhood or impact upon the environment.

7.     Erection of Construction 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 demolition or building work and a telephone number on which that person may be contacted outside working hours.

 

c.         Stating that unauthorised entry to the work site is prohibited.

 

Note:   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.

8.     Protection of Adjoining Areas

A temporary hoarding, fence or awning must be erected between the work site and adjoining lands before the works begin and must be kept in place until after the completion of the works if the works:

 

a.         Could cause a danger, obstruction or inconvenience to pedestrian or vehicular traffic.

 

b.         Could cause damage to adjoining lands by falling objects.

 

c.         Involve the enclosure of a public place or part of a public place.

 

Note:   Notwithstanding the above, Council’s separate written approval is required prior to the erection of any structure or other obstruction on public land.

 

9.     Toilet Facilities

 

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

 

a.         be a standard flushing toilet connected to a public sewer;  or

 

b.         have an on-site effluent disposal system approved under the Local Government Act 1993; or

 

c.         be a temporary chemical closet approved under the Local Government Act 1993.

10.   Erosion and Sediment Control

Erosion and sediment control measures must be provided and maintained throughout the construction period in accordance with the manual ‘Soils and Construction 2004 (Bluebook)’, the approved plans, Council specifications and to the satisfaction of the principal certifying authority.  The erosion and sediment control devices must remain in place until the site has been stabilised and revegetated.

 

Note:   On the spot penalties up to $1,500 may be issued for any on-compliance with this requirement without any further notification or warning.

 

REQUIREMENTS DURING CONSTRUCTION

 

The following conditions of consent must be complied with during the construction of the development.  The conditions have been imposed to ensure that the works are carried out in such a manner that complies with relevant legislation and Council’s policies and does not disrupt the amenity of the neighbourhood or impact upon the environment.

11.   Construction Work Hours

All work on site (including demolition and earth works) must only occur between the following hours:

 

Monday to Saturday                    7 am to 5 pm

Sunday & Public Holidays            No work

12.   Demolition

All demolition work must be carried out in accordance with Australian Standard 2601-2001 – The Demolition of Structures and the following requirements:

 

a.         Demolition material is to be disposed of to an authorised recycling and/or waste disposal site and/or in accordance with an approved waste management plan.

 

 

13.   Environmental Management

 

The site must be managed in accordance with the publication ‘Managing Urban Stormwater – Landcom (March 2004) and the Protection of the Environment Operations Act 1997 by way of implementing appropriate measures to prevent sediment run-off, excessive dust, noise or odour emanating from the site during the construction of the development.

14.   Council Property

During construction works, no building materials, waste, machinery or related matter is to be stored on the road or footpath. 

15.   Excavated Material

All excavated material removed from the site must be classified in accordance with the NSW Environment Protection Authority’s Environmental Guidelines – Assessment, Classification and Management of Liquid and Non-Liquid Wastes prior to disposal to an approved waste management facility and reported to the principal certifying authority.

16.   Survey Report – Finished Floor Level

Reports must be prepared by a registered surveyor and submitted to the principal certifying authority prior to the pouring of concrete at each level of the building certifying that:

 

a.         The building, retaining walls and the like have been correctly positioned on the site.

 

b.         The finished floor levels are in accordance with the approved plans.

17.   Pile Anchoring

Piles must not be anchored to the foundation or structure of the adjoining property at No. 10 Edgeworth David Avenue.

18.   Right of Access

The right-of-access for the adjoining property at No. 10 Edgeworth David Avenue must be maintained at all times during the construction works on the site.

 

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

 

The following conditions of consent must be complied with prior to the ‘Principal Certifying Authority’ issuing an ‘Occupation Certificate’

 

Note:  For the purpose of this consent, any reference to ‘occupation certificate’ shall also be taken to mean ‘interim occupation certificate’ unless otherwise stated.

19.   Fulfilment of BASIX Commitments

The applicant must demonstrate the fulfilment of BASIX commitments pertaining to the development.

 

20.   Sydney Water – s73 Certificate

A s73 Certificate must be obtained from Sydney Water.

 

21.   Stormwater Drainage

The stormwater drainage system for the development must be designed and constructed in accordance with Council’s Civil Works – Design and Construction Specification 2005 and the following requirements:

 

a.         Connected directly to Council’s street drainage system in accordance with plans prepared by Australian Consulting Engineers Job No 08AH349 Rev E.

 

Note:   A certificate from a chartered civil engineer together with a works as executed design plan must be submitted to the principal certifying authority to demonstrate the satisfaction of this condition.

 

22.   On Site Stormwater Detention

An on-site stormwater detention system must be designed by a chartered civil engineer and constructed in accordance with the following requirements:

 

a.          Have a capacity of not less than 32.6 cubic metres, and a maximum discharge (when full) of 48 litres per second.

 

b.          The total site discharge not exceeding 48 litres per second.

 

c.          Have a surcharge/inspection grate located directly above the outlet.

 

d.          Discharge from the detention system to be controlled via 1 metre length of pipe, not less than 50 millimetres diameter or via a stainless plate with sharply drilled orifice bolted over the face of the outlet discharging into a larger diameter pipe capable of carrying the design flow to an approved Council system.

 

23.   Footpath

A concrete footpath must be constructed along the full frontage of the subject site in accordance Council’s Civil Works Design and Construction Specification, 2005 and the following requirements:

 

a.         The existing footpath being removed.

 

b.         The footpath be constructed with Claypave “Monarch Tan” pavers laid on 125mm thick 20mpa concrete along the full width of the footway over the full frontage to the site including the implementation of landscape plan.

 

c.         Any public utility adjustments to be carried out at the cost of the applicant and to the requirements of the relevant public authority.

 

24.   Road Works

 

All road works approved under this consent must be constructed in accordance with Council’s Civil Works Design and Construction Specification, 2005 and a separate application under the Local Government Act 1993 and the Roads Act 1993 must be submitted to Council. The engineering plans must address the following requirements:

 

a.         The existing kerb and gutter be removed and a new kerb and gutter be constructed across the frontage of site in Edgeworth David Avenue and the Pacific Highway.

 

b.         The works to include, where required, the construction of perambulator ramps, line marking, signage and road furnishings.

 

c.         A new vehicular crossing be constructed.

 

d.         The existing road pavement to be saw cut a minimum of 300 mm from the existing edge of the bitumen and reconstructed.

25. Damage to Council Assets

Any damage caused to Council’s assets as a result of the construction of the development must be rectified in accordance with Council’s written requirements and at the sole cost of the applicant.

26. Traffic Control Plan

A Traffic Control Plan (TCP) must be prepared by a qualified traffic controller in accordance with the Roads & Traffic Authority’s Traffic Control at Worksites Manual 1998 and Australian Standard 1742.3 for all work on a public road and be submitted to Council.  The TCP must detail the following:

 

a.         Arrangements for public notification of the works.

 

b.         Temporary construction signage.

 

c.         Permanent post-construction signage.

 

d.         Vehicle movement plans.

 

e.         Traffic management plans.

 

f.          Pedestrian and cyclist access/safety.

 

g.         Details of pedestrian and vehicular access to the property at No. 10 Edgeworth David Avenue, in accordance with the construction management plan.

27. Creation of Easements

The following matter(s) must be nominated on the plan of subdivision under s88B of the Conveyancing Act 1919

 

 

a.         A Right of Access to service No. 10 Edgeworth David Avenue.

 

b.         The creation of an appropriate "Positive Covenant" and "Restriction as to User" over the constructed on-site detention/retention systems (OSD) and outlet works, within the lots in favour of Council in accordance with Council’s prescribed wording.  The position of the on-site detention system is to be clearly indicated on the title.

 

c.         To register the OSD easement, the restriction on the use of land “works-as-executed” details of the on-site-detention system and an engineers certificate must be submitted verifying that the required storage and discharge rates have been constructed in accordance with the design requirements.  The details must show the invert levels of the on site system together with pipe sizes and grades.  Any variations to the approved plans must be shown in red on the “works-as-executed” plan and supported by calculations.

 

Note:   Council must be nominated as the authority to release, vary or modify any easement, restriction or covenant.

28. Works as Executed Plan

A works-as-executed plan must be prepared by a registered surveyor and submitted to Council for completed road pavement, kerb & gutter, public drainage systems, driveways and on-site detention system.  The plan must be accompanied by a certificate from a registered surveyor certifying that all pipelines and associated structures lie wholly within any relevant easements.

29.    Completion of Landscaping

A certificate must be provided by a practicing landscape architect, horticulturalist or person with similar qualifications and experience certifying that all required landscaping works have been satisfactorily completed in accordance with the approved landscape plans, the minimum construction standards identified in the Hornsby Shire Council Landscape Code for development applications and the following additional requirements for works on the street frontages:

 

a.         The landscape planter verge be edged with bullnose brick header course raised to match level of the kerb.

 

b.      The soil backfill mix around the rootball shall be an organic soil mix.

 

c.         Street tree planting to include two (2) Leptospermum conferta (Brushbox) planted at a minimum pot size of 75 litres.

 

d.         The tree proposed adjacent to the Pacific Highway intersection be relocated to the area identified in red on the approved Landscape Plan contained in Condition 1 of this development consent.

 

e.         Planter box areas to include automatic drip irrigation, subsoil drainage (proprietary drainage cell, 50mm sand and filter fabric), and waterproofing.

 

f.       500 mm additional soil depths be provided for shrubs.

 

Note:   Advice on suitable species for landscaping can be obtained from Council’s planting guide ‘Indigenous Plants for the Bushland Shire’, available at www.hornsby.nsw.gov.au.

30.   External Lighting

All external lighting must be designed and installed in accordance with Australian Standard AS 4282 – Control of the Obtrusive Effects of Outdoor Lighting.  Certification of compliance with the Standard must be obtained from a suitably qualified person.

31.   Garbage Collection Easement

For the purpose of waste collection, an easement entitling Council, its servants and agents and persons authorised by it to enter upon the subject land and to operate thereon, vehicles and other equipment for the purposes of garbage collection must be granted to Council by the owner of the land. 

 

Note:  The easement must be in a form prescribed by Council and must include covenants to the effect that parties will not be liable for any damage caused to the subject land or any part thereof or to any property located therein or thereon by reason of the operation thereon of any vehicle or other equipment used in connection with the collection of garbage and to the effect that the owner for the time being of the subject land shall indemnify the Council, its servants, agents and persons authorised by it to collect garbage against liability in respect of any such claims made by any person whomsoever.

32.   Cooling Towers

All cooling towers must be designed and installed in accordance with the Public Health Act 1991, the Public Health (Microbial Control) Regulation 2000 and Australian/New Zealand Standard AS/NZS 3666 – Air-Handling and Water Systems of Buildings.  Certification of compliance with the Standard must be obtained from a suitably qualified person.

 

Note:  Under clause 15 of the Public Health (Microbial Control) Regulation 2000 the occupier of the part of premises where a regulated system is installed must notify the Council of the following particulars:

 

a.           Type of system.

 

b.           The address of the premises on which the system is installed.

 

c.            The name, and the residential and business addresses, of the owner of the premises.

 

d.           If the operation area on the premises is occupied otherwise than by the owner, those particulars in relation to the occupier the telephone numbers at which, during business hours and after business hours, the person or persons referred to in the above point may be contacted.

 

 

33.   Car Park Management Plan

 

A Car Park Management Plan must be submitted to Council for approval to ensure that long term parking by motorists, not occupying or using the development for any purpose, is prevented during operation of the site.

34.   s94 Infrastructure Contributions

The payment to Council of a contribution of $173,975.35* for 77 employees towards the cost of infrastructure identified in Council’s Development Contributions Plan 2007-2011.

 

Note: * The value of contribution is based on a rate of $2,259.35 per employee, derived from a rate of one employee per 30sqm commercial floor area and is current as at 4 May 2009.  The contribution will be adjusted from this date in accordance with the underlying consumer price index for subsequent financial-quarters.

It is recommended that you contact Council to ascertain the indexed value of the contribution prior to payment.

35. s94 Infrastructure Contributions 

The payment to Council of a contribution of $ 35,4023.45* for thirty two additional dwellings towards the cost of infrastructure identified in Council’s Development Contributions Plan 2007-2011.

 

Note: *    The value of contribution is current as at 4 May 2009.  The contribution will be adjusted from this date in accordance with the underlying consumer price index for subsequent financial quarters.

It is recommended that you contact Council to ascertain the indexed value of the contribution prior to payment.

36. s94 Infrastructure Contributions

The payment to Council of a contribution of $ 88,000.00* for four car parking spaces not provided on the site in accordance with Council’s Development Contributions Plan 2007-2011.

 

Note:  * The value of contribution is based on a rate of $22,000 per car parking space and is current as at4 May 2009.  The contribution will be adjusted from this date in accordance with the underlying consumer price index for subsequent financial quarters.

It is recommended that you contact Council to ascertain the indexed value of the contribution prior to payment.

 

OPERATIONAL CONDITIONS

 

The following conditions have been applied to ensure that the ongoing use of the land is carried out in such a manner that complies with relevant legislation and Council’s policies and does not disrupt the amenity of the neighbourhood or impact upon the environment.

37.   Car Parking and Deliveries

All car parking must be constructed and operated in accordance with Australian Standard AS 2890.1 – 2004 – Off Street Car Parking and Australian Standard 2890.2 - 2002 – Off Street Commercial, the submitted Delivery Management Plan and the following requirements:

 

a.         All parking areas and driveways are to be sealed to an all weather standard, line marked and signposted.

 

b.         Car parking, loading and manoeuvring areas to be used solely for nominated

purposes.

 

c.         Vehicles awaiting loading, unloading or servicing shall be parked on site and not on adjacent or nearby public roads;

 

d.         All vehicular entry on to the site and egress from the site shall be made in a

forward direction.

38.   Noise     

All noise generated by the proposed development must be attenuated to prevent levels of noise being emitted to adjacent premises which possess tonal, beating and similar characteristics or which exceeds background noise levels by more than 5dB(A).

39.   Fire Safety Statement - Annual

On at least one occasion in every 12 month period following the date of the first ‘Fire Safety Certificate’ issued for the property, the owner must provide Council with an annual ‘Fire Safety Certificate’ to each essential service installed in the building.

40.   Dewatering

Following the expiry of the dewatering licence (12 month period) the owner of the site must either:

a.   Dispose of all ground water and seepage by tanker to an approved liquid waste facility.

 

or

 

b.   Enter into a Trade Waste Agreement with Sydney Water for the disposal of all groundwater.

 

 Note: Permanent dewatering is not approved by the Department of Water and Energy   or Hornsby Shire Council

 

41.   Waste Storage area

 

The waste management on site must be in accordance with the following   requirements:

 

a.         All commercial and retail tenants to retain written evidence of a valid contract with a licensed waste contractor for the regular collection and disposal of the waste and recyclables

b.         Each dwelling be provided with an indoor waste/recycling cupboard for the interim storage of a minimum one day’s segregated garbage and recycling generation.

c.         Site security measures be implemented to prevent access to the waste storage rooms by waste removal services.

d.         No steps be located along any of the bin carting routes.

 

CONDITIONS OF CONCURRENCE – STATE RAIL

 

The following conditions of consent are from the nominated State Agency pursuant to Section 79B of the Environmental Planning and Assessment Act 1979 and must be complied with to the satisfaction of that Agency.

42. Construction Certificate Plans

The following requirements must be complied with prior to the issue of a Construction Certificate:

 

a.         A report be prepared by a qualified Electrolysis expert on the Electrolysis Risk of the development from stray currents and the measures to be incorporated to control that risk.

 

b.         The recommended measures to control the electrolysis risks be included in the construction certificate plans.

 

c.         Details of mechanisms that limit the opening of windows or provision of awning windows along the elevation fronting the southern boundary of the development (rail corridor) be provided in the construction certificate plans and be endorsed by RailCorp.

 

d.         All methods to be followed for excavation and construction works be detailed in the construction certificate plans and specifications, in accordance with the methodology detailed in the approved Geotechnical Report prepared by Douglas Partners dated December 2002, Douglas Partners Geotechnical Review, dated 28 October 2008 and the Assessment of Geotechnical Affects on the RailCorp Corridor, dated 5 December 2008 and be endorsed by RailCorp.

 

Note: The principal certifying authority must not issue the Construction Certificate or Occupation Certificate prior to written confirmation from RailCorp, should a condition of consent require endorsement by RailCorp.

 

43. Additional Geotechnical Investigations

 

The results of the additional geotechnical investigations on site, to be conducted prior to commencing construction works and after demolition of the existing building, in accordance with item 5.9 of the Geotechnical Report prepared by Douglas Partners dated December 2002 must be provided to RailCorp for further review. Additional requirements by RailCorp as a result of such investigations must be complied with at the construction stage of the development.

44. Vibration Monitoring System

A vibration monitoring system must be installed on site to monitor the vibration levels on the adjoining rail corridor for the duration of works. The plan of the proposed method must be submitted to and be endorsed by RailCorp prior to commencement of works on site.

45. Hoarding

Owner’s consent must be obtained from RailCorp prior to installation of hoarding along the southern boundary of the site.

46. Reflective materials

Prior to the installation of any light, sign or reflective material, whether temporary or permanent, in the proximity of the rail corridor, approval must be obtained from RailCorp.

47. Risk Assessment Plan

A Risk Assessment/Management Plan and detailed Safe Work Method Statement (SWMS) for the proposed demolition, excavation and construction works are to be submitted to RailCorp for endorsement prior to the commencement of works on site.

 

Note: RailCorp’s representatives may require further conditions to be complies with regard to the above and require the provision of on-site Safe Working supervision for certain aspects of the works.

48. Aerial Operations

Plans and documentation must be submitted to RailCorp incorporating details of all craneage and other aerial operations prior to works commencing on site.

Note: No loads are to be carried over RailCorp’s land.

 

CONDITIONS OF CONCURRENCE – ROADS AND TRAFFIC AUTHORITY

 

The following conditions of consent are from the nominated State Agency pursuant to Section 79B of the Environmental Planning and Assessment Act 1979 and must be complied with to the satisfaction of that Agency.

 

 

49.    The layout of the access driveway to the site must be in accordance with AS 2890.1 –    2004 and AS 2890.2 – 2002 for heavy vehicle usage.

50.    Prior to commencement of any works, detailed design plans of the proposed gutter crossing on Edgeworth David Avenue, must be submitted to Council for approval.

Note: All works associated with the proposed development shall be at no cost to RTA

51.    Prior to the release of the Construction Certificate, details of the security gate for the residential parking on Basement Level 4 and the means of opening must be submitted to Council.

- END OF CONDITIONS -

 

 

ADVISORY NOTES

 

The following information is provided for your assistance to ensure compliance with the Environmental Planning and Assessment Act 1979, Environmental Planning and Assessment Regulation 2000, other relevant legislation and Council’s policies and specifications.  This information does not form part of the conditions of development consent pursuant to Section 80A of the Act.

 

Environmental Planning and Assessment Act 1979 Requirements

 

·          The Environmental Planning and Assessment Act 1979 requires:

 

·          A construction certificate prior to the commencement of any works.  Enquiries regarding the issue of a construction certificate can be made to Council’s Customer Services Branch on 9847 6760.

 

·          A principal certifying authority to be nominated and Council notified of that appointment prior to the commencement of any works.

 

·          Council to be given at least two days written notice prior to the commencement of any works.

 

·          Mandatory inspections of nominated stages of the construction inspected.

 

·          An occupation certificate issued before occupying any building or commencing the use of the land.

 

Long Service Levy 

 

In accordance with Section 34 of the Building and Construction Industry Long Service Payments Act 1986, a ‘Long Service Levy’ must be paid to the Long Service Payments Corporation or Hornsby Council.

 

Note:   The rate of the Long Service Levy is 0.35% of the total cost of the work.

 

 

 

Note:   Hornsby Council requires the payment of the Long Service Levy prior to the issue of a construction certificate.

 

Tree Preservation Order

 

To ensure the maintenance and protection of the existing natural environment, it is an offence to ringbark, cut down, top, lop, remove, wilfully injure or destroy a tree outside three metres of the approved building envelope without prior written consent from Council.  Fines may be imposed for non-compliance with Council’s Tree Preservation Order.

 

Note:   A tree is defined as a single or multi-trunked wood perennial plant having a height of not less than three (3) metres, and which develops many branches, usually from a distance of not less than one (1) metre from the ground, but excluding any plant which, in its particular location, is a noxious plant declared as such pursuant to the Noxious Weeds Act 1993.  This definition of ‘tree’ includes any and all types of Palm trees.

 

All distances are determined British Standard BS 5837: 2005, “Trees in Relation to Construction – Recommendations”.

 

Disability Discrimination Act

 

The applicant’s attention is drawn to the existence of the Disability Discrimination Act.  A construction certificate is required to be obtained for the proposed building, which will provide consideration under the Building Code of Australia, however, the development may not comply with the requirements of the Disability Discrimination Act.  This is the sole responsibility of the applicant.

 

Tenancy Fit-Out – Separate DA Required

 

This consent does not permit the fit-out of individual tenancies.  A separate development application is required for the fit-out of individual tenancies prior to the occupation of the building.

 

Advertising Signage – Separate DA Required

 

This consent does not permit the erection or display of any advertising signs.  Most advertising signs or structures require development consent.  Applicants should make separate enquiries with Council prior to erecting or displaying any advertising signage.

 

Dial Before You Dig

 

Prior to commencing any works, the applicant is encouraged to contact Dial Before You Dig on 1100 or www.dialbeforeyoudig.com.au for free information on potential underground pipes and cables within the vicinity of the development site.

 

Asbestos Warning

 

Should asbestos or asbestos products be encountered during construction or demolition works you are advised to seek advice and information should be prior to disturbing the material. It is recommended that a contractor holding an asbestos-handling permit (issued by Work Cover NSW), be engaged to manage the proper disposal and handling of the material. Further information regarding the safe handling and removal of asbestos can be found at:

 

www.environment.nsw.gov.au

www.nsw.gov.au/fibro

www.adfa.org.au

www.workcover.nsw.gov.au

 

Alternatively, telephone the Work Cover Asbestos and Demolition Team on 8260 5885.

 

 

 


 

Planning Report No. PLN34/09

Date of Meeting: 3/06/2009

 

5        SECTION 82A REVIEW- ERECTION OF A DWELLING-HOUSE
16C OSBORN ROAD, NORMANHURST
   

 

 

Development Application No:

DA/432/2008– Section 82A Review

Description of Proposal:

Erection of a dwelling-house

Property Description:

 

Lot 17, DP 1120186, (No. 16C) Osborn Road, Normanhurst

 

Applicant:

Clarendon Homes (NSW) Pty Ltd

Owners:

Mr J McLean Crerar and Mrs M.E. Crerar

Statutory Provisions:

Hornsby Shire Local Environmental Plan, 1994

Residential A (Low Density) zone

Estimated Value:

$242,385

Ward:

B

 

 

RECOMMENDATION

 

THAT Development Application No. DA/432/2008, the subject of a Section 82A review for the erection of a one and two storey dwelling-house at Lot 17, DP 1120186, No. 16C Osborn Road, Normanhurst be approved subject to the conditions of consent detailed in Schedule 1 of this report.

 

 

EXECUTIVE SUMMARY

 

1.         The (Section 82A review) application is in respect to the proposed construction of a two storey dwelling-house on a vacant, battle-axe allotment.

 

2.         The proposal generally complies with the Hornsby Shire Local Environmental Plan, 1994 (HSLEP) and Council’s Dwelling House Development Control Plan (DCP).

 

3.         The application has been referred to Council for determination as a consequence of a decision of the Land and Environment Court which declared that Council’s previous determination was invalid on the grounds that Council had no power to determine the application made under S82A of the Act under delegated authority.

 

4.         It is recommended that the application be approved.

 

 

 

HISTORY OF THE SITE

 

On 6 March 2006, DA/70/2005 was approved for the demolition of a dwelling-house and the subdivision of one allotment into three allotments.

 

As part of its approval of the application, Council required that part of the site be set aside as a “Bushland Regeneration Area” to protect existing vegetation on site.  Council officers have been working with the land owner to obtain grants to effectively manage this part of the site.

 

HISTORY OF THE APPLICATION

 

On 4 June 2008, Council considered Executive Manager Planning Division Report No. PLN112/08 and refused consent for DA/432/2008, which proposed the erection of a one and two storey dwelling-house, as the development was deemed to fail to comply with the objectives of the Setbacks and Flora and Fauna Protection elements of the Dwelling House DCP.

 

On 10 November 2008, a request for Council to review its determination pursuant to Section 82A of the Act was made.  In support of the request, amended plans were prepared to address the reasons for refusal of the original application.  The changes to the plans were as follows:

 

·    The driveway was redesigned and relocated to minimise disturbance to the designated bushland regeneration area at the southern side of the site and two trees adjacent to the western boundary.

·    The waste material storage area was relocated away from the designated bushland regeneration area to a position adjacent to the accessway.

·    The stormwater dispersal trenches originally located within the bushland regeneration area was deleted and the stormwater is now piped to the drainage easement that traverses the site.

·    The alfresco area at the rear of the dwelling-house (elevation 3) was relocated a further 3m away from western side boundary and the adjacent premises Nos 15 and 17 Nepean Avenue.

·    The roof pitch was lowered from 28 degrees to 25 degrees, lowering the overall height of the structure from 8.2m to 7.9m.

·    The first floor level window to bedroom 3 was relocated from the western wall (elevation 2) to the northern wall (elevation 3).

·    The first floor level window serving the bathroom (elevation 2) was proposed be fitted with obscure glazing.

·    The setback from the western side boundary adjoining premises No. 15 Nepean Avenue was increased from 1.5m to 2m.

 

On 12 December 2008, the Section 82A application was initially approved under delegated authority, subject to conditions.

 

On 15 April 2009, a third party appeal was filed with the NSW Land and Environment Court against the validity of Council’s determination of the application pursuant to Section 123 of the Act.  The appeal requested that the Section 82A review application that had been approved under delegated authority be declared invalid, thereby allowing the Section 82A

 

review application to be determined at a future Council Planning Meeting.  On 15 May 2009, the Court upheld the appeal.

 

THE SITE

 

The irregular shaped, battle-axe allotment has an area of 1418m², is located on the low, western side of Osborn Road, Normanhurst between Pennant Hills Road and Currawong Road.   The allotment has an average fall of 10% towards the western side of the site.  The site is subject to an easement to drain water and a restriction-as-to-user which precludes building works within the area known as the “Bushland Regeneration Area”, identified as ‘W” on DP1120186 and the 88B Instrument.

 

The site is primarily surrounded by post war style, weatherboard and brick one and two storey dwelling-houses, surrounded by well established trees and landscaped areas.

 

The site forms part of the Blue Gum High Forest Critically Endangered Ecological Community listed under the Threatened Species Conservation Act, 1995 and the Environment Protection and Biodiversity Conservation Act, 1999.  A bushland regeneration area occupies the south western part of the site, with tree species that form part of the Blue Gum High Forest Community including Blackbutt (Eucalyptus pilularis) and Sydney Blue Gum (Eucalyptus saligna).

 

The site is within the vicinity of Loreto College and Convent, located on the eastern side of Osborn Road, which is listed as a heritage item under Schedule D (Heritage Items) of the Hornsby Shire Local Environmental Plan, 1994.

 

The adjoining properties to the south-east are vacant.  The adjoining property to the east, No. 16 Osborn Road, is occupied by a one and two storey dwelling-house.

 

One and two storey dwelling-houses are also located at premises Nos 20 and 22 Osborn Road and two storey dwelling-houses are located at premises Nos 12, 15, 21 and 21A Nepean Avenue and 26 Osborn Road. 

 

THE PROPOSAL

 

The application involves the erection of a one and two storey dwelling-house incorporating a double garage, front porch, entry area, living room, kitchen, meals room, family area, media room, home theatre, study, laundry, staircase, powder room and outdoor alfresco area at the ground level.  The first floor contains four bedrooms, a bathroom, ensuite, staircase, walk-in-robe and a den.  A retaining wall is proposed along part of the western boundary.

 

The setbacks of the building are proposed to be 17.5m from the southern boundary, 8.7m from the eastern boundary, 2m to 2.45m from the western boundary and 3m from the northern boundary.  The overall height of the building is 7.9m when measured from the natural ground directly below.

 

Vehicle access is via a carriageway created at the time of the subdivision.

 

Trees numbered T10, T11, T12, T13, T14, T15, T19, T20 and T22 would be removed to accommodate the development. Trees numbered T1, T2, T4, T5, T6, T8, T9, T18 and T21 would be retained.

 

 

ASSESSMENT

 

The development application has been assessed having regard to the ‘2005 City of Cities Metropolitan Strategy’, the ‘North Subregion (Draft) Subregional Strategy’ and the matters for consideration prescribed under Section 79C of the Environmental Planning and Assessment Act, 1979 (the Act).  Subsequently, the following issues have been identified for further consideration:

 

1.         STRATEGIC CONTEXT

 

1.1       Metropolitan Strategy – (Draft) North Subregional Strategy

 

The Metropolitan Strategy is a broad framework to secure Sydney’s place in the global economy by promoting and managing growth.  It outlines a vision for Sydney to 2031, the challenges faced and the directions to follow to address these challenges and achieve the vision.  The draft North Subregional Strategy acts as a framework for Council in the preparation of a new Principal LEP by 2011.

 

The draft Subregional Strategy sets the following targets for the Hornsby LGA by 2031:

 

·     employment capacity to increase by 9,000 jobs; and

·     housing stock to increase by 11,000 dwellings.

 

The proposed development would be consistent with the draft Strategy insofar as providing an additional dwelling and would increase the housing stock in the locality.

 

2.         STATUTORY CONTROLS

 

Section 79C(1)(a) requires Council to consider “any relevant environmental planning instruments, draft environmental planning instruments, development control plans, planning agreements and other prescribed matters.”

 

2.1       Section 82A - Environmental Planning and Assessment Act, 1979

 

The application for Council to review its decision with respect to DA/432/2008 is made pursuant to Section 82A of the Act.  In accordance with the provisions of Section 82A, the applicant may propose amendments to the development.  Council is to notify the application and to take into consideration any submissions in carrying out the review.

 

The notification and assessment of the application are in accordance with Section 82A.

 

2.2       Hornsby Shire Local Environmental Plan, 1994

 

The subject land is zoned Residential A (Low Density) under the Hornsby Shire Local Environmental Plan, 1994 (HSLEP).  The objectives of the zone are:

 

(a)       To provide for the housing needs of the population of the Hornsby area;

 

(b)       To promote a variety of housing types and other land uses compatible with a low density residential environment; and

 

(c)        To provide for development that is within the environmental capacity of a low density residential environment.

 

The proposed development is defined as a “dwelling-house” under the HSLEP and is permissible in the zone with Council’s consent.

 

Clause 15 of the HSLEP prescribes that the maximum floor space ratio (FSR) of development within the Residential A zone is 0.4:1.  The applicant addresses this requirement by proposing a floor space ratio of 0.25:1.

 

2.3       Heritage Development Control Plan

 

The site is in the vicinity of a heritage item of regional significance, namely Loreto College and Convent at Nos. 91-93 Pennant Hills Road, Normanhurst.

 

The objective of the Heritage element of the Dwelling House DCP requires “The retention of heritage items and conservation of the heritage values in heritage conservation areas to provide continuity with the past”. 

 

It is considered that the proposed development would not impact on the heritage item as the property is located on a battle-axe allotment, behind several existing dwelling-houses at the street frontage, and would not be highly visible within the streetscape.  

The proposal meets the objectives of the Heritage DCP.

 

2.4       Dwelling House Development Control Plan

 

The proposed development has been assessed having regard to the relevant performance criteria and prescriptive measures within Council’s Dwelling House DCP.  The following table sets out the proposal’s compliance with the prescriptive measures of the Plan:

 

Dwelling House Development Control Plan

Control

Proposal

Requirement

Compliance

Floor Space Ratio

0.28:1

0.4:1

Yes

Site cover

18%

40%

Yes

Dwelling Height

7.9m

9m

Yes

No. of Storeys

1 and 2

1

No

Length of Building

21.2m

24m

Yes

Unbroken Wall Length

10.18m

10m

No

Private Open Space

150m2

120m2

Yes

Landscaping

48%

45%

Yes

Car parking

2 spaces

2 spaces

Yes

Cut and Fill

0.8m

1m

Yes

Solar access to neighbouring properties

4 hrs

4 hrs

Yes

BASIX Certificate

221096S

BASIX Certificate

Yes

Setbacks:

-Front (south)

-Side (east)

-Side (west)

-Rear (north)

 

17.5m

8.7m

2m - 2.45m

3m

 

6m

1m

1m

3m

 

Yes

Yes

Yes

Yes

 

As detailed in the above table, the proposed development does not comply with the prescriptive measures of the Height and Design elements of the Dwelling House DCP.  These matters of non-compliance are detailed below, together with a discussion on the proposal’s compliance with relevant performance standards.

 

2.4.1    Design (Unbroken wall length)

 

The proposal complies with the objectives of the Design element of the Dwelling House DCP.

 

The 10.18m unbroken wall length along the western façade is a minor variation from the 10m prescriptive measure of the Design element and would not have any detrimental visual impacts.  The 0.18m non-compliance is less than the size of a house brick. 

 

There is sufficient detail in the western elevation by way of windows, a door, two rainwater tanks and a varied roof form to effectively address any concerns about a monotonous or symmetrical design.  Accordingly the proposed variation is acceptable.

 

2.4.2    Building Height

 

The proposal has a maximum building height of 7.9m above ground level, which complies with the maximum permissible 9m prescriptive measure of the Height element.  Whilst the two storey height of the proposed development is consistent with similar dwelling-houses in the immediate area, the proposal does not comply with the prescriptive measures of the Height element which states that “Dwelling-houses on battle-axe allotments should not exceed single storey in height.”

 

The aim of this single storey height control is to minimise the impact of any development in terms of privacy, solar access and views enjoyed by adjacent properties.

 

The proposed 7.9m high dwelling-house would not impinge on any iconic or significant views from the adjacent premises at Nos 15, 17, 19 Nepean Avenue and Nos 12B and 16 Osborn Road.  Having regard to the visual character of the surrounding residential zone, which is typified by dwelling-houses, trees and landscaped areas, it is unreasonable to expect

 

 

that a new dwelling-house would not partially obstruct any outlook over this typical suburban environment.

 

The design of the building is consistent with contemporary two storey dwelling-houses erected throughout the immediate area. 

 

The proposal would not have detrimental amenity impacts on the adjacent allotments in terms of privacy, solar access or views resulting from the non-compliance with the prescriptive measures and meets the objectives of the Height element of the Dwelling House DCP.

 

Under Council’s Dwelling House DCP, a dwelling-house can be erected to a height of 9m.  Under the NSW Housing Code the maximum height is 7.9m.  The proposal complies with both these codes.

 

The height of the proposed dwelling-house takes advantage of the slope of the site towards the rear boundary by incorporating a split level, one and two storey design.  Whilst this proposal departs from the prescriptive measures of the Height element of the Dwelling House DCP, which states that “dwelling-houses on battle axe allotments should not exceed single storey in height”, the variation to the development standard in this instance is considered to be acceptable for the following reasons:

 

·    the dwelling-house has been designed to meet the overarching objective of the Height standard which requires “Building height consistent with residential development in the local area and that maximizes privacy, solar access and views”; and

 

·    the two storey design allows for a smaller building footprint and the retention of trees on a site that forms part of the Blue Gum High Forest Endangered Ecological Community. 

 

The design principle follows that of a number of contemporary dwelling-houses on battle-axe allotments within B and C Wards.

 

2.4.3  Privacy

 

The two first floor level windows within the northern façade (Elevation 3) serving bedrooms No. 2 and 3 would be set back 9m from the adjoining property at No. 12B Osborn Road. 

 

The two first floor level windows within the western façade (Elevation 2) are located between 2m and 2.5m from the adjoining property boundary No. 17 Nepean Avenue and serve bedroom No. 4 and a bathroom.  The bathroom window is fitted with frosted glazing. 

 

The three narrow, first floor level windows within the southern façade (Elevation 1) would serve the master bedroom and an ensuite and are set back 25m from the southern boundary alignment.

 

There are no first floor level windows within the eastern façade (Elevation 4).

 

In terms of privacy impacts from bedroom windows, it has been Council’s and the NSW Land and Environment Court’s long standing assessment practice, more recently supported by the NSW Housing Code – “Exempt and Complying Development for Detached Dwellings” and AMCORD, that overlooking from bedroom windows is less intrusive than overlooking

from highly active living areas such as rumpus rooms, lounge rooms and kitchens.  This is mainly due to bedrooms being generally used for sleeping purposes and the windows usually dressed with curtains and blinds.

 

In term of the living areas, all rooms are located on the ground floor and, with the exception of the ground floor study, the living room windows are located in excess of 6m from any boundary.

 

In regard to the ground floor study window that faces No. 17 Nepean Avenue, any impact would be negligible, as this window would be screened by a 1.8m high dividing fence and the use of this 9m2 study is not considered large enough for active living.  Using the privacy element contained under the NSW Housing Code as a guide, privacy screens are generally only required if a window serves a habitable room, other than a bedroom, that has a floor level more than 1m above the existing ground level and the wall in which the window is located is set back less than 3m from the side boundary.

 

In this instance, whist the study window is set back 2.45m from the side boundary, the floor level of the room is less than 1m from the existing ground level.  As a consequence, no privacy screen is necessary.

 

The proposal would ensure that a reasonable level of privacy is available to the private open spaces of adjacent properties and meets the objectives of the Privacy element of the Dwelling House DCP.

 

2.4.4    Setbacks

 

On 4 June 2008, Council considered Executive Manager Planning Division Report PLN112/08 which noted that the proposal did not comply with the setback requirement of the Dwelling House DCP in that the proposed dwelling-house was less than 3m from the rear (western) boundary. 

 

A re-assessment of the proposal under the objectives of the Setbacks element of the Dwelling House DCP has found that the rear boundary is not in relation to the western alignment but to the northern boundary.  This outcome was reached having regard to the design of the dwelling-house, the location of active living rooms and their nexus with the nearby private open space areas.  As detailed above, the setbacks comply with the Setbacks provisions of the Dwelling House DCP.

 

2.4.5    Solar Access

 

The shadow diagrams prepared for 9 am, 12 noon and 3 pm on 22 June (the winter solstice) indicate that the proposed two storey dwelling-house would create shadows that allow at least 4 hours of sunshine to the private open space required for the adjacent properties at No. 16 Osborn Road and No. 17 Nepean Avenue.

 

The diagrams also indicate that the north facing windows to living areas of the adjacent dwelling-houses on these properties would receive 3 hours of sunshine over a portion of their surface on 22 June.

 

As established by Pathburn v North Sydney [2005] NSWLEC 44, the proposal also needs to be designed in such a way as to ensure that any impacts from the development are commensurate with that of a single storey development.

 

 

The dwelling-house has been designed and located on the site at setbacks for the two storey component that range from 2m to 2.5m from the western boundary.  Even so, any shadow cast from the two storey component would not significantly encroach over the private open space at the rear of the premises to the south, namely No. 17 Nepean Avenue.

 

The proposal would ensure that a reasonable amount of solar access is available to the private open spaces and living areas of adjacent properties and meets the objectives of the Solar Access element of the Dwelling House DCP.

 

2.4.6    Scale

 

The proposed 0.28:1 floor space ratio and 18% site cover comply with the prescriptive measures of the Scale element.  The proposal is consistent with the bulk and scale of similar dwelling-houses in the immediate area and meets the objectives of the Scale element of the Dwelling House DCP.

 

2.4.7    Vehicle Access and Parking

 

The proposal provides 2 car parking spaces as required by the prescriptive measures and there is sufficient area to allow for safe vehicular and pedestrian access to and from the property in accordance with the objectives of the Vehicle Access and Parking element of the Dwelling House DCP.

 

2.4.8    Drainage Control

 

All the collected stormwater, with the exception of a small section of the driveway, is proposed to be drained to the piped drainage easement serving the subject property.  Runoff from this driveway area is to be drained to a dispersal trench designed to satisfactorily cope with rainfall intensities for an average recurrence interval of 20 years.

 

The proposal would have minimal impacts on the trees located in the bushland regeneration area and meets the objectives of the Drainage Control element of the Dwelling House DCP.

 

2.4.9    Soil and Water Management

 

As significant site works would be undertaken, sediment erosion controls are required to minimise any sediment-laden water affecting downstream properties and water quality.  The location of these control measures would not be permitted to impact on the environmental sensitivities of the land within the designated “bushland regeneration area”.

 

3.   ENVIRONMENTAL IMPACTS

 

Section 79C (1) (b) of the Act requires Council to consider “the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality”.

 

3.1       Natural Environment

 

The proposed development would necessitate the removal of nine trees, marked as T10, T11, T12, T13, T14, T15, T19, T20 and T22 on the site plan.

 

 

As the site is part of a Blue Gum High Forest being a Critically Endangered Ecological Community listed under the Threatened Species Conservation Act, 1995 an ‘Assessment of Significance’ was undertaken to determine if the subject development and in particular, the removal of the nominated trees would have a significant impact on the Blue Gum High Forest, Gang-gang Cockatoo, Powerful Owl or the five vulnerable species of Micro-chiropteran bats. 

 

Following each assessment of significance for individual and groups of species on the site, it is Council officers assessment that there is not likely to be any significant impacts on the status of the above biota resulting from the development and therefore a Species Impact Statement is not required for any of the individual or groups of species as a result of either development.

 

It is Council officers assessment that due to the effects of ‘Bracken Fungi’ and the negative long-term projected health of the mature Blue Gum (tree 20), located in the middle of the allotment, it would not be appropriate to require the application to be redesigned to allow for the retention of this particular tree.

 

A copy of Council’s Threatened Species Considerations Assessment Of Significance is held at Attachment 9 of this report.

 

3.2       Built Environment

 

The proposed dwelling-house is in keeping with the established character of residential development in the area and is consistent in terms of design, height and setbacks with the form of development permitted in the locality.

 

The site is within the vicinity of the Loreto Convent group, grounds, gates and cemetery, which are heritage-listed items at 91-93 Pennant Hills Road.  The development would not detract from the heritage value of these items, as it is located on a battle-axe lot and would not be visible from the heritage item or the street.

 

3.3       Social Impacts

 

There are no significant social impacts resulting from the proposed development.

 

3.4       Economic Impacts

 

There are no significant economic impacts resulting from the proposed development.

 

4.   SITE SUITABILITY

 

Section 79C (1) (c) of the Act requires Council to consider “the suitability of the site for the development”.

 

The site is suitable for low density residential development.  It is not identified as flood prone or bush fire prone.  The proposed dwelling-house is in keeping with the low density residential environment and its low density nature allows for the retention of the existing Blue Gum High Forest Endangered Ecological Community found on the site.

 

5.   PUBLIC PARTICIPATION

 

Section 79C (1) (d) of the Act requires Council to consider “any submissions made in accordance with this Act”.

 

5.1       Community Consultation

 

The plans submitted with the Section 82A application were placed on public exhibition and were notified to adjoining and nearby landowners between 20 November and 4 December 2008, in accordance with Council’s Notification and Exhibition DCP.  During this period, Council received eight submissions. 

 

The map below illustrates the location of those nearby landowners who made a submission that are in close proximity to the development site.

 

 

NOTIFICATION PLAN

 

 

 

•      PROPERTIES NOTIFIED

 

 

 

 

X     SUBMISSIONS

         RECEIVED

 

 


          PROPERTY SUBJECT OF DEVELOPMENT

 

 

 

Eight submissions objected to the development on the grounds that the development would result in:

 

· loss of privacy;

· inadequate setbacks;

· excessive height;

 

· inadequate stormwater drainage;

· inadequate soil and water management;

· detrimental flora and fauna impacts;

· inadequate vehicle access and parking;

· loss of solar access; and

·       development that is excessive in bulk and scale, being contrary to the restriction on the use of the land imposed as a condition of consent for the subdivision with respect to bushland regeneration.

 

The merits of the matters raised in these community submissions have been addressed in the body of the report.

 

6.   THE PUBLIC INTEREST

 

Section 79C (1) (e) of the Act requires Council to consider “the public interest”.

 

The public interest is an overarching requirement, which includes the consideration of the matters discussed in this report.  Implicit to the public interest is the achievement of future built outcomes adequately responding to and respecting the future desired outcomes expressed in environmental planning instruments and development control plans.

 

The application is considered to have satisfactorily addressed Council’s criteria and would provide a development outcome that, on balance, would result in an acceptable impact.  Accordingly, it is considered that the approval of the proposed erection of a dwelling house would not be contrary to the public interest.

 

CONCLUSION

 

Consent is sought to construct a two storey dwelling-house at the subject property.  The applicant has requested that Council reviews its earlier decision to refuse DA/432/2008.

 

The proposal complies with the Hornsby Shire Local Environmental Plan 1994 and satisfies the requirements of the Dwelling House DCP.

 

An ‘Assessment of Significance’ concluded that the subject development, including the removal trees numbered. T10, T11, T12, T13, T14, T15, T19, T20 and T22 would not have a significant impact on the Blue Gum High Forest, Gang-gang Cockatoo, Powerful Owl or the five vulnerable species of Micro-chiropteran bats.

 

Council received eight submissions regarding the application.  Issues raised within submissions have been appropriately addressed in the design of the development.

 

Having regard to the above, it is recommended that the development application be approved, subject to conditions of consent detailed in Schedule 1 of this report.

 

Note:  At the time of the completion of this planning report, no persons have made a Political Donations Disclosure Statement pursuant to Section 147(3) of the Environmental Planning and Assessment Act 1979 in respect of the subject planning application.

 

 

 

 

 

 

 

 

 

 

Simon Evans

Manager - Assessment Team 1

Planning Division

 

 

 

 

Scott Phillips

Executive Manager

Planning Division

 

 

Attachments:

1.View

Locality Plan

 

 

2.View

Site/Tree Plan

 

 

3.View

Landscape Plan

 

 

4.View

Floor Plans

 

 

5.View

Elevations

 

 

6.View

Shadow Plans

 

 

7.

Stormwater Plans

 

 

8.

Erosion & Sediment Control Plan

 

 

9.

Threatened Species Report

 

 

 

 

File Reference:           DA/432/2008

Document Number:   D01142639

 


SCHEDULE 1

 

CONDITIONS OF APPROVAL

 

 

GENERAL CONDITIONS

 

The conditions of consent within this notice of determination have been applied to ensure that the use of the land and/or building is carried out in such a manner that is consistent with the aims and objectives of the planning instrument affecting the land.

 

Note:  For the purpose of this consent, the term ‘applicant’ means any person who has the authority to act on or the benefit of the development consent.

 

Note:  For the purpose of this consent, any reference to an Act, Regulation, Australian Standard or publication by a public authority shall be taken to mean the gazetted Act or Regulation, or adopted Australian Standard or publication as in force on the date that the application for a construction certificate is made.

1.       Approved Plans and Supporting Documentation

The development must be carried out in accordance with the plans and documentation listed below and endorsed with Council’s stamp, except where amended by Council and/or other conditions of this consent:

 

Plan No.

Drawn by

Dated

299.03237/282373/2-7/F

Clarendon Homes P/L

13.02.08

 

Document No.

Prepared by

Dated

C1352-03237/1&2A

Ibrahim Stormwater Consultants

13.02.08

 

2.   Amendment of Plans

The plans must be amended as follows:

 

a.        The batter slope at the rear of the dwelling-house and alfresco area must be removed so that there is no excavation (including excavation for drainage) within 4m from the outer face of tree No. 18, when measured 0.8m above the natural ground level; and

b.       The proposed retaining wall and/or fill in the north western corner of the site must be redesigned so that no works are undertaken within 4m of trees 16 and 17, when measured 0.8m above the natural ground level.

3.         Retention of Existing Trees

This development consent only permits the removal of trees numbered 10, 11, 12, 13, 14, 15, 19, 20 and 22 as identified on Plan No. 299.03237/282373 revision F prepared by Clarendon Homes P/L dated 13.02.08.  The removal of any other trees requires separate approval under Council’s Tree Preservation Order.

 

REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

 

The following conditions of consent must be complied with prior to the issue of a ‘Construction Certificate’ by either Hornsby Shire Council or an accredited certifier.  All necessary information to demonstrate compliance with the following conditions of consent must be submitted with the application for a construction certificate.

4.   Building Code of Australia

All building work must be carried out in accordance with the requirements of the Building Code of Australia.

5.   Contract of Insurance (Residential Building Work)

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.

 

Note:   This condition does not apply to the extent to which an exemption is in force under Clause 187 or 188 of the Act, subject to the terms of any condition or requirement referred to in Clause 187(6) or 188(4) of the Act, or to the erection of a temporary building.

6.   Notification of Home Building Act, 1989 Requirements

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 Council) has given Council written notice of the following information:

 

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

 

i.       The name and licence number of the principal contractor.

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

 

b.         In the case of work to be done by an owner-builder:

 

i.        The name of the owner-builder.

ii.       If the owner-builder is required to hold an owner-builder’s permit under that Act, the number of the owner-builder’s permit.

 

Note:   If arrangements for doing the residential building work are changed while the work is in progress so that the information notified 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 Council) has given Council written notification of the updated information.

7.   Sydney Water – Quick Check

The application must be submitted to a Sydney Water ‘Quick Check Agent’ or ‘Customer Centre’ for approval to determine whether the development will affect any Sydney Water infrastructure, and whether further requirements are to be met.

 

Note:   Refer to www.sydneywater.com.au or telephone 13 20 92 for assistance.

 

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

 

The following conditions of consent must be complied with prior to the commencement of any works on the site.  The conditions have been imposed to ensure that the works are carried out in such a manner that complies with relevant legislation and Council’s policies and does not disrupt the amenity of the neighbourhood or impact upon the environment.

8.   Tree Protection Barriers

Tree protection fencing must be erected around trees numbered 2, 4, 5, 6 and 18 to be retained at a 2.5m setback.  The tree fencing must be constructed of 1.8 metre ‘cyclone chainmesh fence’ or star pickets spaced at 2m intervals, connected by a continuous high-visibility barrier/hazard mesh at a height of 1m.

 

To avoid injury or damage, trees numbered 1, 8, 9 and 21 must have trunks protected by 2m lengths of 75mm x 25mm hardwood timbers spaced at 80mm secured with galvanised wire (not fixed or nailed to the tree in any way.

 

To protect the Bushland Regeneration Area and retained trees from potential damage on the development site the applicant is to ensure that a temporary 1.8m high cyclone mesh fence shall be erected, prior to commencement of works around the Environmental Protection Zone.

9.   Erection of Construction 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 demolition or building work and a telephone number on which that person may be contacted outside working hours.

c.         Stating that unauthorised entry to the work site is prohibited.

 

Note:   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.

10. Toilet Facilities

Toilet facilities must be available or provided at the works site before works begin and must be maintained until the works are completed.  Each toilet must:

a.         be a standard flushing toilet connected to a public sewer; or

b.         have an on-site effluent disposal system approved under the Local Government Act, 1993, or

c.         be a temporary chemical closet approved under the Local Government Act, 1993.

11. Erosion and Sediment Control

Erosion and sediment control measures must be provided and maintained throughout the construction period in accordance with the manual ‘Soils and Construction 2004 (Bluebook)’, the approved plans, Council specifications and to the satisfaction of the principal certifying authority.  The erosion and sediment control devices must remain in place until the site has been stabilised and revegetated.

 

Note:   On the spot penalties up to $1,500 may be issued for any non-compliance with this requirement without any further notification or warning.

 

REQUIREMENTS DURING CONSTRUCTION

 

The following conditions of consent must be complied with during the construction of the development.  The conditions have been imposed to ensure that the works are carried out in such a manner that complies with relevant legislation and Council’s policies and does not disrupt the amenity of the neighbourhood or impact upon the environment.

12. Construction Work Hours

All work on site (including earth works) must only occur between the hours of 7 am to 5 pm Monday to Saturday.  No work is permitted on Sundays or public holidays.

13. Works near Trees

No excavation or filling of soil or placing of building materials is permitted within 4m of trees 16, 17 and 18.

No excavation or filling of soil or placing of building materials is permitted within 3m of tree 21.  Any works within 4m of tree 21 must be undertaken under the supervision of an ‘AQF Level 5 Arborist’ or equivalent arborist and a certificate submitted to the principal certifying authority and a copy given to Council detailing the method(s) used to preserve the tree.  Tree roots between 10mm and 50mm diameter, revealed during excavation, must be cut cleanly by a sharp hand saw.  The severance of tree roots greater than 50mm in diameter is not permitted.

14. Council Property

During construction works, no building materials, waste, machinery or related matter is to be stored on the road or footpath.  The public reserve is to be kept in a clean, tidy and safe condition at all times.

 

Note:  This consent does not give right of access to the site via Council’s park or reserve.  Should such access be required, separate written approval is to be obtained from Council. 

 

15. Disturbance of Existing Site

 

During construction works, the existing ground levels of open space areas and natural landscape features, (including natural rock-outcrops, vegetation, soil and watercourses) must not be altered unless otherwise nominated on the approved plans.

16. Survey Report – Finished Floor Levels

Reports must be prepared by a registered surveyor and submitted to the principal certifying authority prior to the pouring of concrete at each level of the building certifying that:

a.         the building, retaining walls and the like have been correctly positioned on the site; and

b.         the finished floor levels are in accordance with the approved plans.

 

 

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

 

The following conditions of consent must be complied with prior to the ‘Principal Certifying Authority’ issuing an ‘Occupation Certificate’

 

Note:  For the purpose of this consent, any reference to ‘occupation certificate’ shall also be taken to mean ‘interim occupation certificate’ unless otherwise stated.

 

17. Fulfilment of BASIX Commitments

The applicant must demonstrate the fulfilment of BASIX commitments pertaining to the development.

18. Stormwater Drainage

The stormwater drainage system for the development must be completed for an average recurrence interval of 20 years in accordance with the stormwater plan Job Number C1352 -03237 Revision A, dated 6- 11- 08.

19. Internal Driveway/Vehicular Areas

The driveway and parking areas on site must be designed in accordance with Australian Standards 2890.1, 2890.2, 3727.

20. Damage to Council Assets

Any damage caused to Council’s assets as a result of the construction of the development must be rectified in accordance with Council’s written requirements and at the sole cost of the applicant.

21. Retaining Walls

All required retaining walls must be constructed as part of the development.

 

OPERATIONAL CONDITIONS

 

The following conditions have been applied to ensure that the ongoing use of the land is carried out in such a manner that complies with relevant legislation and Council’s policies and does not disrupt the amenity of the neighbourhood or impact upon the environment.

22. Ongoing Protection of Bushland

To ensure that invasive plants identified as weed species are effectively removed and not allowed to proliferate or interfere with a quality landscaping and environmental outcome, the applicant must ensure that:

a.         All environmental and noxious weeds including Sida rhombifolia (Paddy’s Lucerne), Bromus carthaticus, Cobbler’s Pegs (Bidens pilosa), Small-leaved Privet (Ligustrum sinense), Couch and Kikuyu (Pennisetum clandestinum)  that have the potential to spread into the “bushland regeneration area” are removed and suppressed using an appropriate method as detailed on Council’s web site under Environment/ Bushland and Biodiversity/Weeds: www.hornsby.nsw.gov.au .

b.         To ensure that species indigenous to the “bushland regeneration area” are planted along the southern boundary of the landscaped garden, only the Blue Gum High Forest species consistent with the ‘Bushland Management Plan’ prepared by Ecohort Pty Ltd on the 13 March, 2007 (TRIM Document No. D01054401) are to be planted in consultation with the bush regeneration contractor responsible for implementing the Plan.  The remainder of the site north of the “bushland regeneration area” must be planted in accordance with the ‘Proposed Landscape Plan No. 2’ prepared 4 November, 2008 by Keith Chapple.

 

c.         A dividing fence must not be erected within the “bushland regeneration area” between properties No. 16B and 16C Osborn Road without the separate written consent of Council.

 

- END OF CONDITIONS -

 

 

ADVISORY NOTES

 

The following information is provided for your assistance to ensure compliance with the Environmental Planning and Assessment Act 1979, Environmental Planning and Assessment Regulation 2000, other relevant legislation and Council’s policies and specifications.  This information does not form part of the conditions of development consent pursuant to Section 80A of the Act.

 

Environmental Planning and Assessment Act, 1979 Requirements

 

The Environmental Planning and Assessment Act, 1979 requires:

 

 

·    A construction certificate prior to the commencement of any works.  Enquiries regarding the issue of a construction certificate can be made to Council’s Customer Services Branch on 9847 6760;

 

·    A principal certifying authority to be nominated and Council notified of that appointment prior to the commencement of any works;

 

·    Council to be given at least two days written notice prior to the commencement of any works;

 

·    Mandatory inspections of nominated stages of the construction inspected;

 

·    An occupation certificate issued before occupying any building or commencing the use of the land.

 

Long Service Levy 

 

In accordance with Section 34 of the Building and Construction Industry Long Service Payments Act, 1986, a ‘Long Service Levy’ must be paid to the Long Service Payments Corporation or Hornsby Council.

 

Note:   The rate of the Long Service Levy is 0.35% of the total cost of the work.

 

Note:   Hornsby Council requires the payment of the Long Service Levy prior to the issue of a construction certificate.

 

Tree Preservation Order

 

To ensure the maintenance and protection of the existing natural environment, it is an offence to ringbark, cut down, top, lop, remove, wilfully injure or destroy a tree outside 3m of the approved building envelope without prior written consent from Council.  Fines may be imposed if you choose to contravene Council’s Tree Preservation Order.

 

Note:   A tree is defined as a perennial plant with self supporting stems that are more than 3 m or has a trunk diameter more than 150mm measured 1m above ground level, and excludes any tree declared under the Noxious Weeds Act (NSW).

Dial Before You Dig

Prior to commencing any works, the applicant is encouraged to contact Dial Before You Dig on 1100 or www.dialbeforeyoudig.com.au for free information on potential underground pipes and cables within the vicinity of the development site.

Asbestos Warning

Should asbestos or asbestos products be encountered during construction or demolition works advice and information should be obtained prior to disturbing the material. It is recommended that a contractor holding an asbestos-handling permit (issued by WorkCover NSW), be engaged to manage the proper disposal and handling of the material.  Further information regarding the safe handling and removal of asbestos can be found at:

www.environment.nsw.gov.au

www.nsw.gov.au/fibro

www.adfa.org.au

www.workcover.nsw.gov.au Alternatively, telephone the WorkCover Asbestos & Demolition Team on 82605885.


 

Planning Report No. PLN35/09

Date of Meeting: 3/06/2009

 

6        DEVELOPMENT APPLICATION - EDUCATIONAL ESTABLISHMENT
BARKER COLLEGE, 91 PACIFIC HIGHWAY HORNSBY
   

 

 

Development Application No:

DA/81/2009

Description of Proposal:

Alterations and additions to the existing Junior School and construction of a multi-purpose hall

Property Description:

Lot 1 DP 135493, Lot 1 DP 135492, Lot 2 DP 135493, Lot C DP 383722, Lot 2 DP 3145, Lot 3 DP 3145, Lot 4 DP 3145, Lot A DP 376049, Lot A DP 382236, Lot C DP 376050, Lot D DP 376050, Lot E DP 376050, Lot C DP 359927, Lot 14 DP 5650, Lot A DP 376048, Lot 2 DP 135494, Lot 1 DP 135494, Lot 6 DP 3152, Lot A DP 358926, Lot B DP 358926, Lease 1 DP 1027641, Lease 2 DP 1027641, Lot 1 DP 88154, Lot 9 DP 9545, Lot 10 DP 9545, Lot 11 DP 518327, Lot 8 DP 9545, Lot D DP 359927, Lot 13 DP 5650, Lot 1 DP 346334, Lot B DP 376048, Lot 1 DP 512987, Lot 1 DP 9545, Lot 2 DP 9545, Lot 3 DP 9545, Lot 4 DP 9545, Lot 5 DP 9545, Lot 6 DP 9545, Lot 7 DP 9545, Lot 1 DP 7463, Lot 3 DP 7463, Lot 5 DP 664328, Lot 6 DP 7463, Lot 7 DP 7463, Lot 1 DP 506849, Lot 2 DP 506849, Lot B DP 382236, Lot 3 DP 3463634, Lot 6 DP 5650, Lot 7 DP 5650, Lot 21 DP 5650, Lot 22 DP 5650, Lot 23 DP 5650, Lot 20 DP 5650, Lot 8 DP 5650, Lot 19 DP 5650, Lot 9 DP 5650, Lot 18 DP 5650, Lot 10 DP 5650, Lot 17 DP 5650, Lot 1 DP 771770, Lot B DP 405429, Lot 16 DP 5650, Lot 15 DP 662359 - Barker College - No. 91 Pacific Highway Hornsby, Nos. 2-10 Unwin Road & Nos. 1-11 The Avenue Waitara

Applicant:

The Council of Barker College

Owner:

The Council of Barker College

Statutory Provisions:

Hornsby Shire Local Environmental Plan 1994: Special Uses A (Community Purposes), Residential A (Low Density) and Business G (Town Centre Support) Zone

Estimated Value:

$10,665,000

Ward:

B

 

 

RECOMMENDATION

 

THAT Development Application No. 81/2009 for alterations and additions to the existing Barker College Junior School and construction of a multi-purpose hall at No. 91 Pacific Highway Hornsby, Nos. 2-10 Unwin Road Waitara & Nos. 1-11 The Avenue Waitara be approved subject to the conditions of consent detailed in Schedule 1 of this report.

 


 

EXECUTIVE SUMMARY

 

1.         The application proposes alterations and additions to the existing Junior School and construction of a multi-purpose hall.

 

2.         The proposal complies with the requirements of Hornsby Shire Local Environmental Plan 1994 and the relevant Development Control Plans.

 

3.         Three submissions have been received in respect of the application.

 

4.         It is recommended that the application be approved.

 

HISTORY OF THE SITE

 

The main campus of Baker College has been established on its present site at Hornsby for over 100 years. 

 

On 7 November, 2007, Council approved DA/322/2007 for the construction of a 5 storey classroom building.  The building is currently under construction.

 

THE SITE

 

Barker College has an area of 15.753 Ha, and is bounded by the Pacific Highway, Unwin Road, Clarke Road and College Crescent in Hornsby.  The main educational campus to the north of Clarke Road comprises 60 lots with a total area of approximately 14 hectares, and the staff residential area to the south of Clarke Road comprises 19 lots with a total area of 1.7 hectares.  The site experiences an average grade of 7.5% falling to the south of the site.

 

Barker College comprises a Junior School, Middle School and Senior School with a variety of school buildings, playing fields and other school facilities.  The Junior School is located at the southern end of the campus and is accessed from College Crescent and Clarke Road.  The Middle and Senior School buildings are located towards the northern end of the campus.  They are accessed from the Pacific Highway, College Crescent and The Avenue.

 

The proposed works are sited in the Junior School grounds on land known as Lots 1, 3, 6 & 7 in DP 7463, Lots C & D in DP 383722, Lots A & B in DP 382236, Lot 5 DP 664328, Lot A DP 376049, Lots A, C & E in DP 376050 and Lot 1 DP 9545 which has a total area of 13,515sqm. 

 

The Barker College Junior School is listed as a heritage item of Local Significance under the provisions of Schedule D (Heritage Items) of the Hornsby Shire Local Environmental Plan 1994 (HSLEP). Furthermore, the property comprises the Barker College Heritage Conservation Area, which is listed as a heritage item (“Barker College group of buildings, grounds and gate”) of State Significance under the provisions of Schedule D (Heritage Items) of the HSLEP. 

 

THE PROPOSAL

 

The development comprises a combination of new structures, additions to existing structures and extensive landscape works including the following main elements:

 

·     New multi-purpose hall with basement parking area for 22 vehicles;

 

·     New stair and amenity structure connecting the proposed hall to the existing Ward Hall building;

·     Two-storey addition to the north-western end of the Junior School building containing a canteen and associated storage on ground floor and Learning Support room above;

·     Reading room addition on the northern side of the Library at the northern end of the Junior School Building;

·     New stairs and lifts inserted into Ward Hall and the Junior School Building;

·     Matching two-storey classroom ‘pods’ on each side of the southern end of the Junior School Building, each pod containing 2 classrooms per floor (8 classrooms in total).  A shared Practical area between each pair of classrooms can be opened into either or both classrooms by openable side walls;

·     A new internal loop road with visitor parking, drop off and pick up zones and a total of 20 parking spaces;

·     Landscape treatment of the area between the new multi-purpose hall and Junior School Building as an outdoor learning, assembly and play area;

·     Outdoor amphitheatre to the south of the new assembly area;

·     New landscaped areas around the College Crescent and Clarke Road frontages including garden beds and turfed recreation areas planted with a large number of new trees, shrubs and ground covers.

 

Four of the eight new classrooms that are to be added to the main building would enable the Junior School to accommodate up to 100 additional students and would require an additional 4 teachers.  The development would also provide for upgraded facilities to cater for the needs of existing students, however would not increase the number of existing students or teachers within the school.

 

ASSESSMENT

 

The development application has been assessed having regard to the ‘2005 City of Cities Metropolitan Strategy’, the ‘North Subregion (Draft) Subregional Strategy’ and the matters for consideration prescribed under Section 79C of the Environmental Planning and Assessment Act 1979 (the Act).  Subsequently, the following issues have been identified for further consideration.

 

1.         STRATEGIC CONTEXT

 

1.1       Metropolitan Strategy – (Draft) North Subregional Strategy

 

The Metropolitan Strategy is a broad framework to secure Sydney’s place in the global economy by promoting and managing growth.  It outlines a vision for Sydney to 2031; the challenges faced, and the directions to follow to address these challenges and achieve the vision.  The draft North Subregional Strategy acts as a framework for Council in the preparation of a new Principal LEP by 2011.

 

The draft Subregional Strategy sets the following targets for the Hornsby LGA by 2031:

 

·     Employment capacity to increase by 9,000 jobs; and

·     Housing stock to increase by 11,000 dwellings.

 

 

 

The proposed development would be consistent with the draft Strategy by providing an additional 4 post constructions jobs in the locality.

 

2.         STATUTORY CONTROLS

 

Section 79C(1)(a) requires Council to consider “any relevant environmental planning instruments, draft environmental planning instruments, development control plans, planning agreements and other prescribed matters.”

 

2.1       Hornsby Shire Local Environmental Plan 1994

 

The subject land is part zoned Special Uses A (Community Purposes), part Residential A (Low Density) and part Business G (Town Centre Support) under the Hornsby Shire Local Environmental Plan 1994 (HSLEP).  The proposed works are located on that part of the site zoned Special Uses A (Community Purposes) and Residential A (Low Density).

 

The objectives of the Special Uses A (Community Purposes) zone are:

 

(a)     to provide for the cultural needs of the community.

 

(b)     to identify land for the provision of community services and facilities.

 

(c)     to ensure that community uses are compatible with the amenity of the area in which they are located.

 

The objectives of the Residential A (Low Density) zone are:

 

(a)     to provide for the housing needs of the population of the Hornsby area.

 

(b)     to promote a variety of housing types and other land uses compatible with a low density residential environment.

 

(c)     to provide for development that is within the environmental capacity of a low density residential environment.

 

The proposed development is defined as an educational establishment under the HSLEP and is permissible in both zones with Council’s consent.

 

Clause 15 of the HSLEP prescribes that the maximum floor space ratio (FSR) of development within the Residential A (Low Density) zone is 0.4:1.  The proposed buildings are wholly located on land zoned Special Uses A (Community Purposes) and there is no FSR prescribed for development in the Special Uses A zone. 

 

Clause 18 of the HSLEP sets out heritage conservation provisions within the Hornsby area.  The Barker College ( Senior School) group of buildings, grounds and gate, and the Barker College Junior School are listed as heritage items of State and local significance respectively, under the provisions of Schedule D (Heritage Items) of the HSLEP.  The property is located within the Barker College Heritage Conservation Area listed under the provisions of Schedule E (Heritage Conservation Areas) of the HSLEP.

 

 

 

 

A heritage assessment has been submitted with the application and the proposed development was referred to Council’s Heritage Advisory Committee.  The Heritage Advisory Committee raised no objections to the proposed works to the Junior Campus of the School.

 

2.2       State Environmental Planning Policy (Infrastructure) 2007

 

Division 3 of Part 2 of the Infrastructure SEPP applies to educational establishments in ‘prescribed zones’ in the Standard Instrument or zones in existing LEPs equivalent to those zones.

 

The provisions of the SEPP prevail over any inconsistency between another environmental planning instrument including the HSLEP.

 

The Infrastructure SEPP provisions:

 

·     Make educational establishments a permissible use in zones equivalent to the Standard Instrument R2 Low Density Residential zone.  This would permit an educational establishment in the Residential A (Low Density) zone applying to the site under the HSLEP;

·     Enable an educational establishment to be used, with consent, for any community purpose, whether or not it is a commercial use; and

·     Identify certain types of non-government school development as complying development, subject to certain standards being met.  This includes development for the purposes of a library, administration building, classrooms, cafeteria, child care facilities for students or staff and car parks.

 

The development does not meet all of the complying development criteria.  Therefore the application was submitted as local development.

 

The application was referred to the RTA pursuant to Clause 104 of the Infrastructure SEPP as Schedule 3 applies to extensions to existing educational establishments that accommodate 50 or more additional students.  The application was considered by the Sydney Regional Development Advisory Committee (SRDAC) on 11 March 2009 which raised no objections to the proposed development. 

 

2.3       State Environmental Planning Policy No. 44 – Koala Habitat

 

State Environmental Planning Policy No 44 (SEPP 44) applies to land that has, together with any adjoining land in the same ownership, an area of more than 1 hectare, whether or not the development application applies to the whole, or only part, of the land.

 

The subject site, together with adjoining land owned by Barker College and making up the main campus, has an area of approximately 15 hectares.  Accordingly, Council is required to consider whether the land is a potential core koala habitat.

 

The site has long been developed for school purposes and is largely cleared with isolated remnant native forest trees scattered amongst grassed and paved playing grounds, car parking areas and school buildings.  The site does not contain any potential habitat for koalas and no further assessment is required under the provisions of SEPP 44.

 

2.4       State Environmental Planning Policy No. 55 – Remediation of Land

 

 

The application has been assessed against the requirements of State Environmental Planning Policy No. 55.  This Policy provides State-wide planning controls to promote the remediation of contaminated land to reduce the risk of harm to human health and the environment.

 

Historical information and an inspection of the site and surrounding areas indicates that the site has been used for school purposes and there is no known history of uses that might result in soil contamination such as industry, commercial horticulture or agricultural purposes. 

 

2.5       Sydney Regional Environmental Plan No. 20 – Hawkesbury Nepean River

 

The site is located within the catchment of the Hawkesbury River.  Any development works associated with the construction of the proposed development have the potential to impact on the integrity of downstream watercourses.  The proposal involves works that would require specific conditions to be imposed regarding erosion and sediment control measures.  These are addressed in Schedule 1.

 

2.6       Community Uses Development Control Plan

 

The proposed development has been assessed having regard to the relevant performance and prescriptive standards contained within Council’s Community Uses Development Control Plan.  The following table sets out the proposal’s compliance with the prescriptive standards of the Plan:

 

Community Uses Development Control Plan

Control

Proposal

Requirement

Compliance

Site Area

Main Campus north of Clarke Road

 

14 ha

 

N/A

 

N/A

Site Area by Zone

- Special Uses A

- Residential A

- Business G

 

9.39 ha

4.38 ha

0.23 ha

 

N/A

N/A

N/A

 

N/A

N/A

N/A

Existing Gross Floor Area (includes DA/322/2007)

- Special Uses A

- Residential A

- Business G

- Total Area

 

 

31440 sqm

11835 sqm

2005 sqm

45280 sqm

 

 

N/A

N/A

N/A

N/A

 

 

N/A

N/A

N/A

N/A

New Works Gross Floor Area

(Special Uses A)

 

2832 sqm

 

N/A

 

N/A

Proposed FSR

- Special Uses A

- Residential A

- Business G

- Total

 

0.36:1

0.27:1

0.87:1

0.34:1

 

0.4:1

0.4:1

1:1

N/A

 

Yes

Yes

Yes

N/A

Car parking

42 spaces

4 spaces

Yes

Setbacks - New Classrooms

- Clarke Road

 

10 metres

 

6 metres

 

Yes

Setbacks - New Hall

- Clarke Road

- College Crescent

 

38.5 metres

30-50 metre

 

6 metres

6 metres

 

Yes

Yes

 

As detailed in the above table, the proposed development complies with the prescriptive standards contained within Council’s Community Uses DCP. A brief discussion on compliance with relevant performance standards is provided below.

 

2.6.1    Floor Space Ratio

 

The main campus of Barker College comprises 60 individual allotments, with 3 separate zonings. To resolve future problems with FSR calculation, condition No. 6 of Development Consent No. 322/2007 requires the whole College main campus site to be consolidated into a single allotment.  This is currently being undertaken.  Accordingly, the FSR for the proposed development was calculated based on development on the entire site, which complies with the requirements of the Community Uses DCP.

 

2.6.2    Site Cover

 

Under the DCP, site coverage should not exceed 40% of the site area.  The performance criteria states that site coverage should allow adequate areas for access, car parking, landscaping and useable outdoor recreation.  Furthermore, the area of the site covered by impervious surfaces (including roofed areas, paving, driveways etc) should be minimised to reduce stormwater runoff from the site.

 

At least 50% of the college site is currently used as open space, such as sporting ovals.  Landscaping is also provided throughout the existing campus.  The development will not result in the main college campus exceeding the maximum site coverage requirement of 40%.

 

2.6.3    Masterplan

 

The ‘density element’ of the Community Uses DCP requires applications for special use developments to be accompanied by a masterplan. 

 

The school submitted a masterplan in 1998 for consideration in the assessment of the Science Building DA/393/1998 and the masterplan was updated in 2005.  The siting of the proposed classroom building and multipurpose hall is generally consistent with the intent of the masterplan to redevelop the land for classroom purposes in the Junior School and sporting and recreational facilities. 

 

2.6.4    Site Selection

 

The ‘Site Selection’ element of the Community Uses DCP aims to provide site selection criteria that will encourage the location of special use developments on sites with the lowest potential social and environmental impacts.

 

The site is currently utilised as an educational establishment and is well served by train and bus services.  The existing campus is large enough to provide extensive recreation areas and adequate car parking for the entire school population.

 

Accordingly, the site’s attributes are considered conducive to the proposed development.

 

2.6.5    Parking and Access

 

Under the DCP, the proposed development would require 4 car spaces. The application has been supported by a Traffic and Parking Report and the proposal includes 42 spaces and provision for a vehicle drop-off/pick up area located within the site.

 

Submissions received raise concerns with regards to the traffic impacts on College Crescent and Unwin Road with particular regard to traffic queuing and the implementation of an efficient drop-off/ pick-up system for the Junior School.

 

The SIDRA analysis contained within the submitted Traffic and Parking Report indicates that a right turn bay is required for access to the drop–off /pick up area to prevent the right turn entry queue extending back into the roundabout.  It also demonstrates queuing within the drop-off/pick up would not extend back to College Crescent. 

 

Council’s assessment of the proposal concluded that parking needs were currently met, and that traffic generated by this development would not adversely affect the local road network, subject to the exit from the driveway onto College Crescent to be limited to left out only.  Furthermore, the operation of the drop-off/pick up arrangement would be monitored by Council to determine whether queues would extend onto College Crescent.  If this occurs, Council would consider the provision of timed parking on the north side of Clarke Road to provide additional drop-off and pick up.

 

Council’s assessment included a review of the operation of the existing wombat crossing in the PM period when the Junior School finishes. There is significant pick up in Clarke Road and Marillian Street.  To minimise the impact of the proposed development and the proposed future Early Learning Centre (subject of a separate development application) to be constructed opposite, which could result in traffic queuing back to College Crescent, a condition has been imposed requiring that the wombat crossing be relocated to the new pedestrian access location on Clarke Road for the Junior School. 

 

Council’s assessment also involved an investigation as to whether the footpath on Clarke Road should be widened.  However, it was determined that in the context of this application, footpath widening is not necessary.

 

2.6.6    Design

 

The Community Uses DCP does not prescribe a height control for the land zoned Residential A and Special Uses A. 

 

The proposed additions emulate the overall bulk, height and scale of the existing Ward Hall and Junior School buildings, and employ the general design theme of red-brown banded brickwork, white columns and portico elements and symmetrical fenestration with a contemporary design.  The proposal is in keeping with the heritage items located on-site and complements existing structures.  

 

2.6.7    Recreation Space

 

The objective of the ‘Recreation Space’ element in the Community Uses DCP is “To ensure that sufficient space is available for recreational pursuits”.  The element requires 20m2 of recreation space per student which includes internal sports facilities such as gymnasiums, swimming pools and the like.  For a proposed student body of 2090, this equates to 4.2 hectares of space.  The main Barker College campus provides in excess of 8 hectares of recreation space and is well in excess of this standard.

 

2.6.8    Landscaping

 

The ‘landscaping’ element of the Community Uses DCP requires 45% of the site to be landscaped.  The main college campus would achieve the minimum required landscape area.  A landscape buffer of at least 10 metres in width surrounds the development, which exceeds the minimum of 2 metres prescribed in this element.  The development aims to retain a number of these existing large trees to provide a suitable landscape setting for the building.

 

2.6.9    Acoustics

 

Whilst it is recognised that there would be some increase in noise associated with an increase in development on the site, it is considered that the noise increase would not be significant as to warrant refusal of the application in itself.  Noise restrictions are set out in the Protection of the Environment Operations Act 1997 and noise generated by the development could be reasonably managed on site.

 

The proposed additional classrooms and hall are set well back from the boundaries and are located within a long established school. They do not present any significant potential to increase noise arising from operation of the school.

 

The applicant has advised that the hall may also be used out of school hours for school plays, dinners, parent evenings, parent/teacher nights and the like and that there would be functions run by the school and community groups that would have amplified music being played (including performances by school bands, musicals, singing and the like).  To ensure that the use of the multi-purpose hall would not have a detrimental acoustic impact on adjoining residential development, a condition has been imposed requiring the submission of an Acoustic Report prepared by a suitably qualified consultant.

 

2.6.10  Solar Access

 

The development is centrally positioned on the site and is set well back from private boundaries.  The two-three storey building height ensures that no overshadowing of neighbouring properties would occur.

 

2.6.11  Crime Prevention

 

The proposed development has been designed to minimise crime in accordance with Crime Prevention through Environmental Design (CPTED) principles by way of clear sightlines, windows that overlook the street, suitable pedestrian access of the users of the school and clearly defined building entry and access.

 

The proposal complies with the Community Uses DCP crime prevention element objective.

 

2.7       Car Parking Development Control Plan

 

The primary purpose of this DCP is to provide parking controls for the development. 

 

 

 

The proposed development would increase the student numbers by 100 with an additional 4 full-time staff employed.  The car parking rate for schools is 1 car parking space per full time teacher, accordingly, 4 car parking spaces are required.  The proposed development includes provision for a further 42 car parking spaces on-site which well exceeds the minimum car parking requirements of the DCP.

 

2.8       Heritage Development Control Plan

 

The primary purpose of this DCP is to manage the heritage in Hornsby Shire and to provide guidance and outline specific controls for development relating to heritage items and heritage conservation areas.  The proposed alterations and additions to the existing Junior School are consistent with element objective of Council’s Heritage Development Control Plan in promoting a design that complements the character and visual amenity of the heritage significance of the heritage items and heritage conservation area.  The application was referred to the Heritage Advisory Committee and it was generally agreed that the proposal is commensurate with the use of the site as an educational establishment and would not have a negative impact on the heritage significance of the Barker College group. 

 

2.9       Access and Mobility Development Control Plan

 

The objective of this DCP is to ensure that new development is accessible and usable by all people in Hornsby Shire, including those people with disabilities.  The applicant submitted an Access Report prepared by ‘Morris-Goding Accessibility Consulting’.  The application proposes a continuous path of travel from the existing school campus to the new building.  The development also incorporates a lift between floors and disabled toilets. 

 

2.10     Waste Minimisation and Management Development Control Plan

 

The primary purpose of this Development Control Plan is to provide planning strategies and controls to promote waste minimisation and management. The applicant has submitted a waste management plan in accordance with the requirements of the DCP. 

 

Council’s waste assessment of the proposal noted that the swept path analysis shows that for the 10.5m garbage truck to be able to access the site the gate posts would need to be relocated to provide a minimum of 4.5m width between pillars and that a 10.5 m heavy rigid vehicle and medium rigid vehicle would need to drive over the landscaping at the left hand corner of the intersection of the car park and the internal road way.

 

The applicant has demonstrated that it is not necessary for the Centenary Gates to be widened as the existing waste collection vehicles are currently able to enter and exit through these gates.  As no changes are proposed to the current method of waste collection and the waste generated by the operation of the proposed development would be collected on-site by a commercial waste contractor as per the current procedure, the widening of the Centenary Gates is not considered necessary at this time.

 

Conditions are recommended for implementation of the Waste Management Plan, for the construction of the development to be carried out in accordance with Council’s waste minimisation and management guidelines and for the internal layout of the driveway to be redesigned so that waste vehicles do not encroach on landscaped areas.    

 

2.11     Sustainable Water Development Control Plan

 

 

The objective of this DCP is to ensure the sustainability of water as a renewable resource and adopt the principles of Ecologically Sustainable Development to achieve this goal.  The development site is not located in close proximity to an existing creek.  Recommended conditions of consent address erosion and sediment control and stormwater management.

 

3.         ENVIRONMENTAL IMPACTS

 

Section 79C(1)(b) of the Act requires Council to consider “the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality”.

 

3.1       Natural Environment

 

There is no known hazard/risk associated with the site with respect to bushfire, landslip, subsidence and flooding that would preclude approval of the proposed development.

 

The proposed development would necessitate the removal of 30 trees from the site.  The application has been supported by an Arborist Report and Council’s assessment of the proposal concluded that no trees which would be removed or adversely affected are considered to be significant.  Furthermore, the proposed landscaping works would ensure that local tree canopy cover is maintained after the completion of the works.

 

3.2       Built Environment

 

The development would not have an adverse visual impact as the buildings are not in a visually sensitive location and the view from land used for residential purposes would be moderated by distance. The development would be of equivalent height to the existing buildings on the campus and adjacent, and the buildings are otherwise substantially separated from public places.

 

3.3       Social Impacts

 

The development would make a positive social contribution to the local community by providing a modern educational establishment with improved facilities to service the needs of the school community.

 

3.4       Economic Impacts

 

The proposed development would not have a negative economic impact on the locality

 

4.         SITE SUITABILITY

 

Section 79C(1)(c) of the Act requires Council to consider “the suitability of the site for the development”.

 

The site is currently used as an educational establishment and the attributes of the site are conducive to the proposed development.

 

5.         PUBLIC PARTICIPATION

 

Section 79C(1)(d) of the Act requires Council to consider “any submissions made in accordance with this Act”.

 

5.1       Community Consultation

 

The proposed development was placed on public exhibition and was notified to adjoining and nearby landowners between 12 February 2009 and 5 March 2009 in accordance with Council’s Notification and Exhibition Development Control Plan.  During this period, Council received three submissions.  The map below illustrates the location of those nearby landowners who made a submission that are in close proximity to the development site.

 

 

NOTIFICATION PLAN

 

 

 

•      PROPERTIES NOTIFIED

 

 

 

 

X     SUBMISSIONS

         RECEIVED

 

 


          PROPERTY SUBJECT OF DEVELOPMENT

 

TWO SUBMISSIONS RECEIVED OUT OF MAP RANGE

 

Three submissions objected to the development, generally on the following grounds that the development would result in:

 

·       Unacceptable traffic on local streets;

 

·       Parking impacts;

·       Privacy impacts;

·       Littering.

 

The merits of the matters raised in community submissions have been addressed in the body of the report with the exception of the following:

 

5.1.1    Privacy Impacts

 

The submission raised concerns that the privacy of adjoining residential properties would be impacted upon by the loitering of parents and students for long periods of time.  This matter is addressed by the provision of an on-site drop-off and pick-up area and would negate the need for parents to park in the surrounding streets to drop-off/pick-up their children.

 

5.1.2    Littering

 

The submission raised concerns that the proposed development would lead to an increase in littering by students and parents within the surrounding streets.  Whilst the development includes the provision of an increase in student numbers within the Junior School by 100, the proposal includes provision of adequate waste areas and management and the potential for littering by students could be managed by the School and would not be significant as to warrant refusal of the application in itself. 

 

5.2       Public Agencies

 

As stated previously in the report, the application was referred to the RTA pursuant to Clause 104 of the Infrastructure SEPP. The application was considered by the Sydney Regional Development Advisory Committee (SRDAC) and no objections were raised to the proposed development.

 

6.         THE PUBLIC INTEREST

 

Section 79C(1)(e) of the Act requires Council to consider “the public interest”.

 

The public interest is an overarching requirement, which includes the consideration of the matters discussed in this report.  Implicit to the public interest is the achievement of future built outcomes adequately responding to and respecting the future desired outcomes expressed in environmental planning instruments and development control plans.

 

The application is considered to have satisfactorily addressed Council’s criteria and would provide a development outcome that, on balance, would result in a positive impact for the community.  Accordingly, it is considered that the approval of the proposed school additions would be in the public interest.

 

CONCLUSION

 

The application proposes alterations and additions to the existing Junior School and construction of a multi-purpose hall at Barker College. 

 

The proposal is consistent with the relevant aims and objectives contained within the relevant State and Regional Environmental Planning Policies, the Hornsby Shire Local Environmental Plan 1994, and the Development Control Plans which are applicable to the site. 

 

The development is unlikely to result in any significant impacts upon the natural or built environments, or have any negative social or economic impacts.  The development provides improved educational facilities for the school community.  Given this, and the recommended conditions, it is recommended that the application be approved.

 

 

 

 

 

 

 

 

 

 

Rod Pickles

Manager - Assessment Team 2

Planning Division

 

 

 

 

Scott Phillips

Executive Manager

Planning Division

 

 

Attachments:

1.View

Locality Plan

 

 

2.View

Staging Plan

 

 

3.View

Floor Plans

 

 

4.View

Elevations and Sections

 

 

 

 

File Reference:           DA/81/2009

Document Number:   D01143739

 


SCHEDULE 1

 

 

GENERAL CONDITIONS

 

The conditions of consent within this notice of determination have been applied to ensure that the use of the land and/or building is carried out in such a manner that is consistent with the aims and objectives of the planning instrument affecting the land.

 

Note:  For the purpose of this consent, the term ‘applicant’ means any person who has the authority to act on or the benefit of the development consent.

 

Note:  For the purpose of this consent, any reference to an Act, Regulation, Australian Standard or publication by a public authority shall be taken to mean the gazetted Act or Regulation, or adopted Australian Standard or publication as in force on the date that the application for a construction certificate is made.

1.         Approved Plans and Supporting Documentation

The development must be carried out in accordance with the plans and documentation listed below and endorsed with Council’s stamp, except where amended by Council and/or other conditions of this consent:

 

Architectural Plans prepared by PMDL Architecture + Design Pty Ltd

 

Plan No.

Title

Rev

Dated

DA J102

Level 1 Plan

E

17 April 2009

DA J103

Level 2 Plan

D

4 December 2008

DA J104

Level 3 Plan

C

26 November 2008

DA J105

Roof Plan

A

9 January 2009

DA J106

Separable Stages

A

9 January 2009

DA J107

Site Survey

A

5 December 2008

DA J201

Elevations & Sections

A

28 January 2009

 

Landscape Plans prepared by DEM (Aust) Pty Ltd

 

Plan No.

Title

Rev

Dated

la JS 0501

Landscape Plan

a04

6 January 2009

la JS 2201

Landscape Sections

a03

6 January 2009

la JS 8901

Landscape Details

a03

6 January 2009

SKJS0001

Landscape Precedents & Material Images

a01

19 December 2008

 

Civil Engineering Plans prepared by Hughes Trueman

 

Plan No.

Title

Rev

Dated

07P847-02-DAC110

Siteworks Plan

C

9 January 2009

07P847-02-DAC120

Typical Sections

C

9 January 2009

07P847-02-DAC130

Details

C

9 January 2009

07P847-02-DAC140

Erosion & Sediment Control Plan

B

9 January 2009

 

Supporting Documentation

 

Document Title

Prepared by

Dated

Statement of Environmental Effects

Mark Shanahan Planning Pty Ltd

12 January 2009

Traffic Report

Masson Wilson Twiney

21 January 2009

Heritage Impact Statement Project No. SYH-000334

HBO+EMTB Heritage Pty Ltd

21 November 2008

Civil Engineering Report

Hughes Trueman Pty Ltd

28 November 2008

Landscape Report Project No. 3999-01

DEM (Aust) Pty Ltd

6 January 2009

Tree Report

Treescan

January 2009

Accessibility Report

Morris-Goding Accessibility Consulting

11 December 2009

Waste Management Plan

Warren Marsh

4 December 2008

2.         Removal of Existing Trees

This development consent only permits the removal of trees numbered 1-5 and 23-47 as identified on Tree Location Plan – Junior School Site contained in the Tree Report prepared by Treescan dated January 2009.  The removal of any other trees requires separate approval under Council’s Tree Preservation Order.

 

 

REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

 

The following conditions of consent must be complied with prior to the issue of a ‘Construction Certificate’ by either Hornsby Shire Council or an accredited certifier.  All necessary information to demonstrate compliance with the following conditions of consent must be submitted with the application for a construction certificate.

3.     Building Code of Australia

All building work must be carried out in accordance with the requirements of the Building Code of Australia.

4.     Fire Safety Upgrade

To ensure the protection of persons using the existing building and to facilitate egress from this building in the event of a fire, details must be submitted with the application for a construction certificate, detailing what works are necessary (if any) to bring it into full compliance with Parts C, D and E of the Building Code of Australia.

5.     Sydney Water – Quick Check

The application must be submitted to a Sydney Water ‘Quick Check Agent’ or ‘Customer Centre’ for approval to determine whether the development will affect any Sydney Water infrastructure, and whether further requirements are to be met.

 

Note:   Refer to www.sydneywater.com.au or telephone 13 20 92 for assistance.

 

6.     Waste Bin Storage Areas

 

Bin storage areas must be designed and constructed in accordance with Council’s Waste Minimisation and Management Development Control Plan.

7.     Waste Vehicle Access

The internal layout of the driveway must be designed so that waste vehicles do not encroach on landscaped areas.    

8.     Right Turn Lane

Design details of the design for the right turn bay in College Crescent must be approved by Council.

9.     Wombat Crossing

The existing wombat crossing in Clarke Road must be removed and a new wombat crossing constructed to align with the new pedestrian access to the Junior School. The wombat crossing is to be designed in accordance with relevant RTA guidelines, technical directions and Australian Standards 1742.3-2002 - Manual of uniform traffic control devices - Traffic control devices for works on roads and be approved by Council.

10. Acoustic Report

The applicant must submit an Acoustic Report, prepared by a suitably qualified acoustic consultant, for Council’s approval. The report must detail the current background noise level, predicted noise levels to be emitted from the proposed development  (including all uses such as ball games  with the use of whistles, amplified music, parties, PA systems etc), the proposed uses (e.g.  types of  games,  plays, social events,  public meetings etc) and any proposed noise attenuation measures to be implemented so that background levels are not exceeded by 5dB(A) when measured at the closest premises. The EPA’s NSW Industrial Noise Policy (2000), Hornsby Shire Council Policy and Guidelines for Noise and Vibration Generating Development (Acoustic Guidelines V.5, 2000) and the DEC’s Noise Guide for Local Government (2004) must be used to prepare the Acoustic Report.

 

 

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

 

The following conditions of consent must be complied with prior to the commencement of any works on the site.  The conditions have been imposed to ensure that the works are carried out in such a manner that complies with relevant legislation and Council’s policies and does not disrupt the amenity of the neighbourhood or impact upon the environment.

11.   Erection of Construction 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 demolition or building work and a telephone number on which that person may be contacted outside working hours.

 

c.         Stating that unauthorised entry to the work site is prohibited.

 

Note:   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.

12.   Erosion and Sediment Control

Erosion and sediment control measures must be provided and maintained throughout the construction period in accordance with the manual ‘Soils and Construction 2004 (Bluebook)’, the approved plans, Council specifications and to the satisfaction of the principal certifying authority.  The erosion and sediment control devices must remain in place until the site has been stabilised and revegetated.

 

Note:   On the spot penalties up to $1,500 may be issued for any on-compliance with this requirement without any further notification or warning.

13.   Tree Protection Barriers

Tree protection fencing must be erected around trees numbered 6-22 to be retained at a 3 metre setback.  The tree fencing must be constructed of 1.8 metre ‘cyclone chainmesh fence’ or star pickets spaced at 2 metre intervals, connected by a continuous high-visibility barrier/hazard mesh at a height of 1 metre.

 

REQUIREMENTS DURING CONSTRUCTION

 

The following conditions of consent must be complied with during the construction of the development.  The conditions have been imposed to ensure that the works are carried out in such a manner that complies with relevant legislation and Council’s policies and does not disrupt the amenity of the neighbourhood or impact upon the environment.

14.   Construction Work Hours

All work on site (including demolition and earth works) must only occur between the following hours:

 

Monday to Saturday                    7 am to 5 pm

Sunday & Public Holidays            No work

15.   Demolition

All demolition work must be carried out in accordance with Australian Standard 2601-2001 – The Demolition of Structures and the following requirements:

 

a.         Demolition material is to be disposed of to an authorised recycling and/or waste disposal site and/or in accordance with an approved waste management plan.

 

b.         Demolition works, where asbestos material is being removed, must be undertaken by a contractor that holds an appropriate licence issued by WorkCover NSW in accordance with Chapter 10 of the Occupational Health and Safety Regulation 2001 and Clause 29 of the Protection of the Environment Operations (Waste) Regulation 1996.

 

c.         On construction sites where buildings contain asbestos material, a standard commercially manufactured sign containing the words ‘DANGER ASBESTOS REMOVAL IN PROGRESS’ measuring not less than 400mm x 300mm must be erected in a prominent position visible from the street.

16.   Environmental Management

The site must be managed in accordance with the publication ‘Managing Urban Stormwater – Landcom (March 2004) and the Protection of the Environment Operations Act 1997 by way of implementing appropriate measures to prevent sediment run-off, excessive dust, noise or odour emanating from the site during the construction of the development.

17.   Works near Trees

All required tree protection measures must be maintained in good condition for the duration of the construction period.

 

All works (including driveways and retaining walls) within 3 metres of any trees required to be retained (whether or not on the subject property, and pursuant to this consent or the Tree Preservation Order), must be carried out under the supervision of an ‘AQF Level 5 Arborist’ and a certificate submitted to the principal certifying authority detailing the method(s) used to preserve the tree(s).

 

Note:  Except as provided above, the applicant is to ensure that no excavation, filling or stockpiling of building materials, parking of vehicles or plant, disposal of cement slurry, waste water or other contaminants is to occur within 4 metres of any tree to be retained.

18.   Council Property

During construction works, no building materials, waste, machinery or related matter is to be stored on the road or footpath.  The public reserve is to be kept in a clean, tidy and safe condition at all times.

19.   Landfill

Landfill must be constructed in accordance with Council’s ‘Construction Specification, 2005’ and the following requirements:

 

a.         All fill material imported to the site is to wholly consist of Virgin Excavated Natural Material (VENM) as defined in Schedule 1 of the Protection of the Environment Operations Act 1997 or a material approved under the Department of Environment and Climate Change’s general resource recovery exemption.

20.   Excavated Material

All excavated material removed from the site must be classified in accordance with the NSW Environment Protection Authority’s Environmental Guidelines – Assessment, Classification and Management of Liquid and Non-Liquid Wastes prior to disposal to an approved waste management facility and reported to the principal certifying authority.

21.   Survey Report – Finished Floor Level

A report must be prepared by a registered surveyor and submitted to the principal certifying authority prior to the pouring of concrete at each level of the building certifying that:

 

a.         The building, retaining walls and the like have been correctly positioned on the site.

 

b.         The finished floor levels are in accordance with the approved plans.

 

 

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION

 

The following conditions of consent must be complied with prior to the ‘Principal Certifying Authority’ issuing an ‘Occupation Certificate’.

 

Note:  For the purpose of this consent, any reference to ‘occupation certificate’ shall also be taken to mean ‘interim occupation certificate’ unless otherwise stated.

22.   Stormwater Drainage

The stormwater drainage system for the development must be designed and constructed in accordance with Council’s Civil Works – Design and Construction Specification 2005 and the following requirements:

 

a.         Connected to the existing drainage system located within the school oval via the onsite detention tank.

23.   On Site Stormwater Detention

An on-site stormwater detention system must be designed by a chartered civil engineer and constructed in accordance with the following requirements:

 

a.          Have a capacity of not less than 86 cubic metres, and a maximum discharge (when full) that is equal to the pre development 1 in 5 year ARI storm event.

 

b.          Have a surcharge/inspection grate located directly above the outlet.

 

c.          Discharge from the detention system to be controlled via 1 metre length of pipe, not less than 50 millimetres diameter or via a stainless plate with sharply drilled orifice bolted over the face of the outlet discharging into a larger diameter pipe capable of carrying the design flow to an approved Council system.

 

d.          Where above ground and the average depth is greater than 0.3 metres, a ‘pool type’ safety fence and warning signs to be installed.

24.   Internal Driveway/Vehicular Areas

The driveway and parking areas on site must be designed in accordance with Australian Standards 2890.1, 2890.2, 3727 and the following requirements:

 

a.         The driveway be a rigid pavement.

 

b.         The driveway grade not exceed 25 percent and changes in grade not exceed 8 percent.

 

c.         The pavement have a kerb to one side and a one-way cross fall with a minimum gradient of 2 percent and a lintel and pit provided at the low point.

25.   Vehicular Crossing

A separate application under the Local Government Act 1993 and the Roads Act 1993 must be submitted to Council for the installation of a new vehicular crossing and the removal of the redundant crossing.  The vehicular crossing must be constructed in accordance with Council’s Civil Works Design 2005 and the following requirements:

 

a.         Any redundant crossings to be replaced with integral kerb and gutter.

 

Note:  An application for a vehicular crossing can only be made to one of Council’s Authorised Vehicular Crossing Contractors.  You are advised to contact Council on 02 9847 6940 to obtain a list of contractors.

26.   Traffic Control Plan

A Traffic Control Plan (TCP) must be prepared by a qualified traffic controller in accordance with the Roads & Traffic Authority’s Traffic Control at Worksites Manual 1998 and Australian Standard 1742.3 for all work on a public road and be submitted to Council.  The TCP must detail the following:

 

a.         Arrangements for public notification of the works.

 

b.         Temporary construction signage.

 

c.         Permanent post-construction signage.

 

d.         Vehicle movement plans.

 

e.         Construction Traffic management plans.

 

f.          Pedestrian and cyclist access/safety.

 

27.   Damage to Council Assets

 

Any damage caused to Council’s assets as a result of the construction of the development must be rectified in accordance with Council’s written requirements and at the sole cost of the applicant.

28.   Creation of Easements

The following matters must be nominated on the plan of subdivision under s88B of the Conveyancing Act 1919

 

a.         The creation of an appropriate "Positive Covenant" and "Restriction as to User" over the constructed on-site detention/retention systems and outlet works, within the lots in favour of Council in accordance with Council’s prescribed wording.  The position of the on-site detention system is to be clearly indicated on the title.

 

b.         To register the OSD easement, the restriction on the use of land “works-as-executed” details of the on-site-detention system must be submitted verifying that the required storage and discharge rates have been constructed in accordance with the design requirements.  The details must show the invert levels of the on site system together with pipe sizes and grades.  Any variations to the approved plans must be shown in red on the “works-as-executed” plan and supported by calculations.

 

Note:   Council must be nominated as the authority to release, vary or modify any easement, restriction or covenant.

29.   Completion of Landscaping

A certificate must be provided by a practicing landscape architect, horticulturalist or person with similar qualifications and experience certifying that all required landscaping works have been satisfactorily completed in accordance with the approved landscape plans.

 

Note:   Advice on suitable species for landscaping can be obtained from Council’s planting guide ‘Indigenous Plants for the Bushland Shire’, available at www.hornsby.nsw.gov.au.

30.   Works as Executed Plan

A works-as-executed plans must be prepared by a registered surveyor and submitted to Council for completed road pavement, kerb & gutter, public drainage systems, driveways and on site detention system. 

31.   Consolidation of Allotments

All allotments the subject of this consent must be consolidated into one allotment.

 

Note:   The applicant is recommended to submit the plan of subdivision to consolidate allotments to the NSW Department of Lands at least 4-6 weeks prior to seeking an occupation certificate.

 

 

32.   Right Turn Bay

 

The applicant must construct a right turn bay in College Crescent for the Multi-purpose Hall and car parking area.   All works associated with the construction of the entry arrangement must be carried out in accordance with a design approved by Council and at no cost to Council.  

33. Wombat Crossing

The wombat crossing must be constructed in accordance with the approved drawings. All works associated with the construction of the wombat crossing must be carried out at no cost to Council.  

 

 

OPERATIONAL CONDITIONS

 

The following conditions have been applied to ensure that the ongoing use of the land is carried out in such a manner that complies with relevant legislation and Council’s policies and does not disrupt the amenity of the neighbourhood or impact upon the environment.

34.   Car Parking and Deliveries

All car parking must be constructed and operated in accordance with Australian Standard AS 2890.1 – 2004 – Off Street Car Parking and Australian Standard 2890.2 - 2002 – Off Street Commercial and the following requirement:

 

a.         All parking areas and driveways are to be sealed to an all weather standard, line marked and signposted.

 

b.         Car parking, loading and manoeuvring areas to be used solely for nominated purposes.

 

c.         Vehicles awaiting loading, unloading or servicing shall be parked on site and not on adjacent or nearby public roads;

 

d.         All vehicular entry on to the site and egress from the site shall be made in a forward direction.

 

e.         The College is to monitor the operation of the drop-off/pick up arrangement to prevent drop-off/pick up occurring in the visitor parking spaces.

 

f.          The exit from the driveway onto College Crescent is to be limited to left out only.

 

g.         The waste collection vehicle is not to enter the site during peak school periods, 8:00am - 9:30am and 2:30pm - 4:00pm

35.   Noise

All noise generated by the proposed development must be attenuated to prevent levels of noise being emitted to adjacent premises which possess tonal, beating and similar characteristics or which exceeds background noise levels by more than 5dB(A).

 

An Acoustic Assessment is to be undertaken by a suitably qualified environmental consultant within 60 days of occupying the site (or at the first available opportunity for the proposed uses that fall within the first six months).  The Acoustic Assessment is to be undertaken in accordance with the Environment NSW Industrial Noise Policy (2000), Council’s Policy and Guidelines for Noise and Vibration Generating Development (Acoustic Guidelines V.5, 2000) and the DECC’s Noise Guide for Local Government (2004).  Should the assessment find that noise from the premise exceeds 5dB(A), all operation associated with the proposed development must cease until appropriate measures are employed to rectify excessive noise so that noise levels emitted do not exceed background levels by more than 5dB(A). 

36.   Fire Safety Statement - Annual

On at least one occasion in every 12 month period following the date of the first ‘Fire Safety Certificate’ issued for the property, the owner must provide Council with an annual ‘Fire Safety Certificate’ to each essential service installed in the building.

37.   Maintenance of Wastewater Device

All wastewater and stormwater treatment devices (including drainage systems, sumps and traps) must be regularly maintained in order to remain effective.  All solid and liquid wastes collected from the device must be disposed of in accordance with the Protection of the Environment Operations Act 1997.

38.   Use of Multi-Purpose Hall

All activities undertaken in association with the multi purpose hall are to cease by 12 midnight.

39.   Licensed Waste Contractor

Written evidence must be kept on site of a valid contract with a licensed waste contractor for the regular collection and disposal of all the waste and recyclables that are generated on site.

 

CONDITIONS OF CONCURRENCE – ROADS AND TRAFFIC AUTHORITY

 

The following conditions of consent are from the nominated State Agency pursuant to Section 79B of the Environmental Planning and Assessment Act 1979 and must be complied with to the satisfaction of that Agency.

40.   Construction Management Plan

A Construction Management Plan is to be submitted covering traffic impact and safety on the Pacific Highway and College Crescent for Council’s review and approval.

41.   Demolition/ Construction Vehicles

Suitable provision must be made on-site to accommodate all demolition/ construction vehicles.

 

 

 

 

42.       Cost of Works

All works associated with the proposed development shall be at no cost to the RTA.

 

- END OF CONDITIONS -

 

 

ADVISORY NOTES

 

The following information is provided for your assistance to ensure compliance with the Environmental Planning and Assessment Act 1979, Environmental Planning and Assessment Regulation 2000, other relevant legislation and Council’s policies and specifications.  This information does not form part of the conditions of development consent pursuant to Section 80A of the Act.

 

Environmental Planning and Assessment Act 1979 Requirements

 

·    The Environmental Planning and Assessment Act 1979 requires:

 

·    A construction certificate prior to the commencement of any works.  Enquiries regarding the issue of a construction certificate can be made to Council’s Customer Services Branch on 9847 6760.

 

·    A principal certifying authority to be nominated and Council notified of that appointment prior to the commencement of any works.

 

·    Council to be given at least two days written notice prior to the commencement of any works.

 

·    Mandatory inspections of nominated stages of the construction inspected.

 

·    An occupation certificate issued before occupying any building or commencing the use of the land.

 

Long Service Levy 

 

In accordance with Section 34 of the Building and Construction Industry Long Service Payments Act 1986, a ‘Long Service Levy’ must be paid to the Long Service Payments Corporation or Hornsby Council.

 

Note:   The rate of the Long Service Levy is 0.35% of the total cost of the work.

 

Note:   Hornsby Council requires the payment of the Long Service Levy prior to the issue of a construction certificate.

 

Tree Preservation Order

 

To ensure the maintenance and protection of the existing natural environment, it is an offence to ringbark, cut down, top, lop, remove, wilfully injure or destroy a tree outside three metres

of the approved building envelope without prior written consent from Council.  Fines may be imposed for non-compliance with Council’s Tree Preservation Order.

 

Note:   A tree is defined as a single or multi-trunked wood perennial plant having a height of not less than three (3) metres, and which develops many branches, usually from a distance of not less than one (1) metre from the ground, but excluding any plant which, in its particular location, is a noxious plant declared as such pursuant to the Noxious Weeds Act 1993.  This definition of ‘tree’ includes any and all types of Palm trees.

 

All distances are determined British Standard BS 5837: 2005, “Trees in Relation to Construction – Recommendations”.

 

Disability Discrimination Act

 

The applicant’s attention is drawn to the existence of the Disability Discrimination Act.  A construction certificate is required to be obtained for the proposed building/s, which will provide consideration under the Building Code of Australia, however, the development may not comply with the requirements of the Disability Discrimination Act.  This is the sole responsibility of the applicant.

 

Dial Before You Dig

 

Prior to commencing any works, the applicant is encouraged to contact Dial Before You Dig on 1100 or www.dialbeforeyoudig.com.au for free information on potential underground pipes and cables within the vicinity of the development site.

 

Asbestos Warning

 

Should asbestos or asbestos products be encountered during construction or demolition works you are advised to seek advice and information should be prior to disturbing the material. It is recommended that a contractor holding an asbestos-handling permit (issued by Work Cover NSW), be engaged to manage the proper disposal and handling of the material. Further information regarding the safe handling and removal of asbestos can be found at:

 

www.environment.nsw.gov.au

www.nsw.gov.au/fibro

www.adfa.org.au

www.workcover.nsw.gov.au

 

Alternatively, telephone the Work Cover Asbestos and Demolition Team on 8260 5885.

 


 

Planning Report No. PLN41/09

Date of Meeting: 3/06/2009

 

7        DEVELOPMENT APPLICATION - SECTION 96 (2) - ERECTION OF AN 11 STOREY MIXED USE BUILDING
135-137 PACIFIC HIGHWAY, HORNSBY
   

 

 

Development Application No:

DA/1586/2001/B

Description of Proposal:

Mixed use building comprising 70 residential units and three levels of commercial units - Section 96 (2) Application

Property Description:

 

Lot 1 DP 606694, Lot 2 DP 606694 (Nos. 135-137) Pacific Highway and Pound Road Reserve, Hornsby

 

 

Applicant:

Mr Antonio Falcone

Owners:

FAL Management Group Pty Ltd and Hornsby Shire Council (Pound Road)

Statutory Provisions:

Hornsby Shire Local Environmental Plan 1994

Residential D (High Density)

Estimated Value:

$23,240,221

Ward:

B

 

 

RECOMMENDATION

 

THAT Section 96(2) Application to modify Development Consent No. 1586/2001 for the construction of a mixed use development comprising 70 residential units and three levels of commercial units at Lot 1 DP 606694, Lot 2 DP 606694 (Nos. 135-137) Pacific Highway and Pound Road Reserve, Hornsby be refused for the reasons detailed in Schedule 1 of the independent town planning consultant’s report – Nexus Environmental Planning Pty Ltd.

 

 

EXECUTIVE SUMMARY

 

1.         The application proposes modifications to an existing development consent resulting in the construction of a mixed use development comprising 70 residential units and three levels of commercial units.

 

2.         A portion of the site is owned by Council. In accordance with Council’s adopted Policy ‘PSA1 Proposed Council Developments’ and ‘Practice Note No. 7 Assessment Practice’ an independent assessment of the development application has been undertaken by Nexus Environmental Planning Pty Ltd.

 

 

3.         Thirty nine individual submissions and a petition containing 21 signatures each objecting to the development have been received in respect of the application.

 

4.         The report by Nexus Environmental Planning is attached to this report for Council’s consideration. The independent consultant’s report recommends refusal of the application.

 

Note:  At the time of the completion of this planning report, no persons have made a Political Donations Disclosure Statement pursuant to Section 147(3) of the Environmental Planning and Assessment Act 1979 in respect of the subject planning application.

 

 

 

 

 

 

 

Rod Pickles

Manager - Assessment Team 2

Planning Division

 

 

 

 

Scott Phillips

Executive Manager

Planning Division

 

 

Attachments:

1.View

Independent Town Planning Consultant's Report

 

 

2.View

Locality Plan

 

 

3.View

Floor Plans

 

 

4.View

Elevations, Shadow Plans, Floor Plans and Landscape Plan

 

 

 

 

File Reference:           DA/1586/2001/B

Document Number:   D01155818

 

 

  


 

Planning Report No. PLN36/09

Date of Meeting: 3/06/2009

 

8        DEVELOPMENT APPLICATION - SECTION 96(2) - SUBDIVISION OF ONE LOT INTO TWO
8 CHORLEY AVENUE CHELTENHAM
   

 

 

Development Application No:

DA/1202/2008/A

Description of Proposal:

Section 96(2) - Modification of conditions Nos. 13 and 16, to delete the requirement for a shared driveway access and delete the requirement for a future dwelling to be designed by a heritage architect.

Property Description:

Lot 144 DP 12364 (No. 8) Chorley Avenue, Cheltenham

Applicant:

P S Graham & Associates

Owner:

Mrs B L McDonald and Mr R G Rae

Statutory Provisions:

Hornsby Shire Local Environmental Plan 1994

Residential AS (Low Density – Sensitive Lands)

Estimated Value:

N/A

Ward:

C

 

 

RECOMMENDATION

 

THAT Council approve the modification to Development Application No. 1202/2008/A for subdivision of one lot into two by deleting condition No. 16(d) at lot 144 DP 12364 (No. 8) Chorley Avenue Cheltenham as, detailed in Schedule 1 of this report.

 

 

EXECUTIVE SUMMARY

 

1.         The application proposes modification of the consent in respect to conditions Nos. 13(e), 16(c) and 16(d) to delete the requirement for shared driveway access and the requirement for a future dwelling to be designed by a heritage architect.

 

2.         The proposal does not comply with the Heritage Development Control Plan and the Residential Subdivision Development Control Plan, in respect to the duplication of the driveways in the streetscape. Deletion of condition No. 16(d) concerning the requirements for a future dwelling to be designed by a heritage architect is acceptable.

 

3.         Four submissions have