Attachments

 

Planning Meeting

 

Wednesday, 3 June, 2009

at 6:30pm

 

 

 

 

 

 

 

 

 

 


Hornsby Shire Council

Attachments

 

 

TABLE OF CONTENTS

 

Rescission Motions

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

Attachment 1: ... Planning Report No PLN26/09 complete with attachments   

A Ward

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

Attachment 1: ... Locality Plan

Attachment 2: ... DA Plan

Attachment 3: ... Document from Steel Modular Systems

B Ward Deferred

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

Attachment 1: ... Locality Map

Attachment 2: ... Site Plan

Attachment 3: ... Landscape Plan

Attachment 4: ... Floor Plan

Attachment 5: ... Elevations

Attachment 6: ... Shadow Diagrams

Attachment 7: ... Drainage

Attachment 8: ... Threatened Species Assessment

B Ward

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

Attachment 1: ... Locality Plan

Attachment 2: ... Site Plan

Attachment 3: ... Floor Plans

Attachment 4: ... Elevation Plans

Attachment 5: ... Section Plan

Attachment 6: ... Shadow Plans

Attachment 7: ... Landscape Plans

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

Attachment 1: ... Locality Plan

Attachment 2: ... Site/Tree Plan

Attachment 3: ... Landscape Plan

Attachment 4: ... Floor Plans

Attachment 5: ... Elevations

Attachment 6: ... Shadow Plans

Attachment 7: ... Stormwater Plans

Attachment 8: ... Erosion & Sediment Control Plan

Attachment 9: ... Threatened Species Report

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

Attachment 1: ... Locality Plan

Attachment 2: ... Staging Plan

Attachment 3: ... Floor Plans

Attachment 4: ... Elevations and Sections

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

Attachment 1: ... Independent Town Planning Consultant's Report

Attachment 2: ... Locality Plan

Attachment 3: ... Floor Plans

Attachment 4: ... Elevations, Shadow Plans, Floor Plans and Landscape Plan 

C Ward

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

Attachment 1: ... Subdivision Plan

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

Attachment 1: ... Locality Plan

Attachment 2: ... Site Plan

Attachment 3: ... Floor Plans

Attachment 4: ... Sections

Attachment 5: ... Elevations

General Business

10      PLN22/09            Heritage Review Stage 4

Attachment 1: ... Summary of Heritage Review Stage 4 Recommendations

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

Attachment 1: ... SEPP (Exempt and Complying Development Codes) 2008


Hornsby Shire Council

Attachment to Report No. RM1/09

 

 

 

 

 

 

 

 

 

 

ATTACHMENT/S

 

REPORT NO. RM1/09

 

ITEM 1

 

1. Planning Report No PLN26/09 complete with attachments

 

 


 

Planning Report No. PLN26/09

Date of Meeting: 6/05/2009

 

4        DEVELOPMENT APPLICATION - SENIORS LIVING DEVELOPMENT
14A AND 16 MURRAY ROAD BEECROFT
   

 

 

Development Application No:

DA/1349/2008

Description of Proposal:

Construction of a Seniors Living development comprising 11 self-contained dwellings and strata title subdivision.

Property Description:

Lot 115 DP 1136664 & Lot 1 DP 509627 (No. 14A & No. 16) Murray Road, Beecroft

Applicant:

Caxton Property (Chester) Pty Ltd

C/- Glendinning Minto & Associates Pty Ltd

Owner:

Ms F J Berger & Mrs B J Berger and Caxton Property (Chester) P/L

Statutory Provisions:

State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004

Residential AS (Low Density – Sensitive Lands)

Estimated Value:

$3,800,000

Ward:

C

 

 

RECOMMENDATION

 

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 of this report.

 

 

EXECUTIVE SUMMARY

 

1.         The application proposes demolition of an existing rear dwelling and construction of a Seniors Living development comprising 11 self-contained dwellings, including refurbishment of the existing dwelling at the frontage, and strata title subdivision.

 

2.         The proposed development complies with the design principles and development standards contained within State Environmental Planning Policy (Housing for Seniors or People With a Disability) 2004.

 

3.         Fifty five submissions have been received in respect of the application.

 

4.         It is recommended that the application be approved.

 

HISTORY OF THE APPLICATION 

 

The development application was lodged on 30 September 2008.  The application was amended on 22 January 2009 to address concerns raised by Council. The amendments included a reduction in the number of proposed dwellings from 12 to 11 dwellings, revised alterations and additions to the existing dwelling, revised letter box and bin storage area at the frontage, increased separation between the proposed detached dwellings, relocation of private open space areas away from the western boundary and an increased setback from the western boundary.

 

HISTORY OF THE SITE

 

On 23 July 2008 Council approved Development Application DA/694/2008 for a boundary adjustment between Nos. 142-142A Beecroft Road and 14A Murray Road to form a large parcel of land which together with No. 16 Murray Road, form the site of the proposed Seniors Living development. 

 

THE SITE

 

The site has an area of 4,566m2 and forms a large L-shaped parcel comprised of two existing lots. The site contains two existing dwelling houses, one at the Murray Road frontage (No. 16) and one towards the rear of the site (No. 14A) and a cleared area that was formerly an overgrown garden and disused tennis court at the rear of Nos 142 – 142A Beecroft Road.  The site has a frontage of 22.8m to Murray Road and a width of 45.7m across the rear part of the site. 

 

The site contains 62 trees including adjoining trees, trees within the road reserve and the proposed stormwater drainage easement over No. 33 Boronia Avenue. The remnant indigenous trees on the site would have once comprised Sydney Turpentine Ironbark Forest. 

 

The site has an average fall of 8% to the western boundary and is generally of even topography with mainly shale derived soils.

 

The ‘Chesalon Nursing Home’ adjoins the eastern and rear part of the site and has a dominant visual impact. The nursing home occupies a large area (approx. 6,126m2) on the north-west corner of Beecroft Road and Murray Road and includes the original building ‘Brunoy’ which is an item of local environmental heritage and has been integrated with more recent two and three storey development on the nursing home site. A 3 storey dwelling house on a battle-axe lot (No. 138A Beecroft Road) adjoins the rear northern part of the site and is visually dominant over much of the site. Other properties surrounding the subject site include large single and 2 storey dwelling houses with frontages to Murray Road, Boronia Avenue and Beecroft Road. A tennis court at the rear of No. 31 Boronia Avenue adjoins the rear of the site. Beecroft Nursing Home, at No. 134 Beecroft Road, is located 300m north of the subject site.

 

The Beecroft Village centre and railway station are located 1.2km north of the site. The site is in the vicinity of Cheltenham Girls High School on Beecroft Road, 150m east of the site. Murray Road and Boronia Avenue are main thoroughfares for access to Cheltenham Oval and sports ground 300m south of the site.

 

THE PROPOSAL

 

The proposed Seniors Living development includes the following:

 

·          Alterations and additions to the existing dwelling house at No. 16 Murray Road, to include a first floor area within the roof space, a rear terrace and double carport and to form a 3 bedroom dwelling (Unit 1).

 

·          Demolition of the existing dwelling house at No. 14A Murray Road.

 

·          Erection of 4 x 3br detached dwellings each with double garages (Units 2, 3, 4 and 5).  Three of the dwellings include a first floor within the roof space (Units 2, 3 and 4).

 

·          Erection of a building with a basement level carparking and 4 x 3br detached dwellings (Units 6, 7, 8 and 9) and 2 x 3br semi-detached dwellings (Units 10 and 11), above. Units 9 and 10 include two storey built form. The dwellings are designed around a central courtyard with raised garden beds.

 

The lower ground floor basement level includes double garaging and a separate dwelling entrance including lift access for each of the 6 dwellings and 4 visitor parking spaces. Unit 11 is a maisonette style dwelling with frontage to the proposed accessway and includes bedroom accommodation at the lower ground floor level.

 

The proposal includes substantial excavation works to a maximum depth of 4.5m and the removal of approximately 5,000m³ of soil from the site.

 

The proposal involves the removal of 39 trees. The landscape plan submitted for the proposal includes replacement of indigenous trees.

 

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 11 self-contained dwellings for Seniors Living and would improve housing choice 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 AS (Low Density – Sensitive Lands) 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 sensitive to the land capability and established character of this environment.

 

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

 

The proposed development is defined as ‘housing for aged or differently abled persons’

under the HSLEP and is permissible in the zone with Council’s consent.

 

Certain provisions under the HSLEP are not applicable to the proposal as State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004, prevails to the extent of any inconsistency with the Policy.

 

2.2       State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004

 

The SEPP is the overriding planning instrument for the development of housing for aged and disabled people in NSW and provides for hostels, residential care facilities (nursing homes) self contained dwellings and multi-storey buildings. The SEPP is comprehensive in scope including land use planning provisions, design principles, development standards and standards specifically to meet the housing needs of aged and disabled people. The SEPP also includes design guidelines for infill development such as the proposed development.

 

The proposed development has been assessed having regard to the relevant standards within the SEPP. The following table sets out the proposal’s compliance with the SEPP:

 

SEPP (Housing for Seniors or People with a Disability)

Control

Proposal

Requirement

Compliance

Site Area

4,566m2

1,000m2

Yes

Site Frontage

22.8m

20m

Yes

Gross Floor Area

Unit 1 – 217.1m2

Unit 2 – 201.3m2

Unit 3 – 199.8m2

Unit 4 – 194.6m2

Unit 5 – 195.9m2

Unit 6 – 185.7m2

Unit 7 – 199.6m2

Unit 8 – 176.3m2

Unit 9 – 205.0m2

Unit 10 – 212.8m2

Unit 11 – 196.3m2

N/A

N/A

Floor Space Ratio

0.478:1

0.5:1

Yes

Height

7.225m

8m

Yes

Private Open Space

Unit 1 – 75m2

Unit 2 – 37m2

Unit 3 – 39m2

Unit 4 – 34m2

Unit 5 – 93m2

Unit 6 – 60m2

Unit 7 – 63m2

Unit 8 – 36m2

Unit 9 – 36m2

Unit 10 – 15m2

Unit 11 – 24m2

15m2 per unit

 

Yes

 

Deep Soil Landscaping

16%

15%

Yes

Solar Access

90% of dwellings

70% of dwellings

Yes

Car parking

17 spaces

12 spaces

Yes

 

As noted in the above table, the proposed development complies with the development standards pursuant to Clause 40 and Clause 50 of the SEPP.

 

The proposal is satisfactory in respect to compliance with the mandatory access requirements of the SEPP pursuant to Clause 26, whereby pathway gradients are suitable for residents to access public transport within 400m of the site. Bus Route 635 on Beecroft Road would enable residents to access shops, bank services, retail, commercial services, recreation and medical facilities located at Beecroft, Epping and Macquarie Commercial Centres.

 

In accordance with the recommendation of the applicant’s Access Consultant, a condition is recommended for the reconstruction of a kerb ramp on the north-west corner of Murray Road and Beecroft Road to comply with Clause 26.

 

2.2.1    Minimum site area and building height

 

The proposal complies with the minimum site area and frontage requirement of the Seniors Living SEPP, Clause 40. The clause also includes height restrictions for Seniors Living developments on sites where residential flat buildings are not permitted.

 

The proposed development is designed in compliance with the two storey height development standard and the single storey height standard for buildings within the rear 25% of the site.   

 

The merits of the proposal in respect to the SEPP design principles and design guidelines are discussed below.

 

2.2.2    Neighbourhood amenity and streetscape

The proposed development retains the existing dwelling house at the Murray Road frontage and includes alterations and additions to the existing dwelling (Unit 1), construction of an accessway along the eastern side of the dwelling together with a pedestrian pathway and provision of a covered letterbox/bin storage facility at the frontage designed to complement the dwelling in the streetscape.

 

The proposed works to the front facade of Unit 1 are sympathetic to the federation style of the existing dwelling and would not detract from the Murray Road streetscape. Refer also to comments in Section 3.2.   

 

The four proposed detached dwellings located behind the existing dwelling at the Murray Road frontage are single storey and would not impact on the streetscape (Units 2, 3, 4 & 5). The proposed detached dwellings are setback 2.5m – 3.0m from the western boundary, are well articulated and include a first floor area within the roof space (Units 2, 3 & 4). The western boundary adjoins the side elevation of two adjoining dwellings, No. 18 and No. 18A Murray Road and the rear yard of two adjoining dwellings, No. 33 and No. 35 Boronia Avenue Beecroft.

 

Units 2, 3 and 5 have laundry doors and windows opening onto the western setback. There are no first floor openings at the western elevation. The setback area mainly provides for clothes drying and landscaping. The proposed setback is considered adequate, in respect to the amenity of adjoining property, subject to the provision of boundary fencing and landscaping. The submitted landscape plan is acceptable in this regard.  

  

At the northern boundary, the proposed development adjoins the tennis court at the rear of a dwelling house at No. 31 Boronia Avenue and a 3 storey dwelling house on a battleaxe lot at No. 138A Beecroft Road.  The tennis court has a chainmesh fence located along the boundary which includes an access gate. Proposed Unit 5 is a single storey detached dwelling setback 3.5m – 7.0m from the northern boundary adjoining the tennis court. Subject to the provision of appropriate landscape screening, the tennis court would not adversely impact on the amenity of Unit 5. The submitted landscape plan includes hedge planting along the boundary with the tennis court.

 

Proposed Units 6 & 7 both comprise single storey detached dwellings. At the northern elevation the dwellings are setback 3m from the boundary.  Proposed Unit 6 does not include any openings that would face the northern boundary and would not significantly detract from amenity of the adjoining property at No. 138A Beecroft Road.

 

Proposed Unit 7 has two narrow dining room windows and a patio opening onto the 3m setback. The finished floor level of Unit 7 is 1.0m – 0.6m below natural ground level. The site of the adjoining 3 storey dwelling house at 138A Beecroft Road is elevated relative to the subject site. The proposed patio and windows of Unit 7 would not be readily visible from the adjoining dwelling house The proposed landscape screening and the existing brick lattice fence on the northern boundary is adequate to maintain privacy.

 

Proposed Unit 8 has a minimum setback of 2.0m from the eastern boundary with Nos. 142-142A Beecroft Road. The unit includes a patio at the eastern elevation within 6m of the side boundary. The proposed floor level is 1m below the existing ground level of the adjoining property. The proposed unit and patio is considered acceptable in respect to the amenity of the adjoining property.

 

Proposed Unit 9 has a minimum setback of 2.2m from the eastern boundary and includes a patio similar to Unit 8 in respect to the amenity of the adjoining property. The unit adjoins the southern boundary with the Chesalon Nursing Home and has a 1.5m – 2.8m setback from the boundary. A laundry door and bedroom doors open onto the setback area and a small patio. The proposed unit would not adversely impact on the amenity of the nursing home. The nursing home includes two small upper windows at this elevation and would not significantly detract from the privacy of proposed Unit 9.    

 

Proposed Unit 10 is setback 1.5m – 6.3m from the southern boundary with the Chesalon Nursing Home. No active area is proposed within the setback area. The nursing home is setback 17m at this location and includes 1st and 2nd floor windows. The proposed unit would not detract from neighbourhood amenity and would enjoy reasonable privacy subject to the proposed landscape screening along the southern boundary.

 

Proposed Unit 11 adjoins Unit 10 and is setback 5.8m – 6.3m from the southern boundary. The unit includes two small narrow windows at this elevation. The proposed unit is satisfactory in respect to neighbourhood amenity and privacy at this elevation.      

 

Overall the proposed Seniors Living development is considered an appropriate design response to the site with regard to the adjoining 3 storey and single storey developments and the aspects of the site. The proposed built form involving detached dwellings is in keeping with the residential character of the area. The interface with neighbouring properties is satisfactory in maintaining amenity and privacy.

 

2.2.3    Visual and acoustic privacy

 

The rear area of the site adjoins the 3 storey Chesalon Nursing Home at the southern boundary and a 3 storey dwelling house at the northern boundary. The adjoining 3 storey developments overlook the site to a significant extent and proposed Units 6, 7, 8, 9, 10 & 11. The proposed units have been configured to provide for visual privacy with the roof ridges effectively screening the adjoining developments from the living areas. The northern patios of Units 10 & 11 remain within a view corridor of some of the upper windows of the adjoining 3 storey dwelling, however, the proposed raised gardens and brush screens would provide adequate privacy.

 

The driveway and service area of the Chesalon Nursing Home would result in some noise impacts but this would generally be mitigated by fencing and the lower ground floor level of the adjoining service area.

 

The proposed units 1, 2, 3, 4 and 5 have limited activity areas within the setback area adjoining neighbouring properties and the first floor roof space would not directly overlook the neighbouring properties. These units are considered acceptable with regard to visual and acoustic privacy, subject to a condition for internal pathways of Units 1 – 5 to be brick or stone pavers not gravel or mulch.

 

The proposed patios at the northern elevation of Units 7, 8 and 9 are situated at a lower level relative to the adjoining property, are screened by fencing and are acceptable in respect to visual and acoustic privacy. The first floor roof space would not directly overlook neighbouring properties.

 

The proposed raised gardens and brush screening within the forecourt of Units 6, 7, 8, 9, 10 and 11 would provide an acceptable level of privacy between the proposed dwellings.

 

The roof areas of the development would be overlooked by adjoining 3 storey development. The proposed buildings include dark coloured roof tiles and variation in the roof form which would minimise the visual impact.

2.2.4    Solar Access and design for climate

 

The proposed dwellings are single storey in relation to neighbouring Murray Road properties and would not reduce the amount of sunlight currently received by adjoining properties during Winter.

 

The proposed living areas and outdoor living areas are located on the north side of the units and comply with the SEPP solar access design principles. The existing 3 storey dwelling adjoining the northern boundary would overshadow proposed Unit 6 during mid-winter. Notwithstanding, the proposed development complies with the SEPP Clause 50 standard for a minimum of 70% of dwellings to receive 3 hours of direct sunlight between 9am and 3pm in mid-winter.

 

The proposed dwellings comply with BASIX criteria for sustainable design and energy efficiency.

 

2.2.5    Stormwater

 

The proposed development includes a proposed easement for stormwater drainage over a downstream property to Boronia Avenue and to Council’s system, which involves a watercourse tributary of Devlins Creek. The proposed development would increase the existing stormwater runoff. A stormwater detention system is recommended as a condition of consent to minimise impact on downstream water quality.

 

2.2.6    Crime prevention

 

The proposed dwellings comply with the security and crime prevention design requirements of the Seniors Living SEPP.

 

2.2.7    Waste management

 

The proposed waste storage room and bin storage area at the frontage is adequate for the waste generated by the proposed dwellings subject to recommended conditions.

 

The proposed development involves the demolition of one of the existing dwellings and a condition is recommended for compliance with the Waste Management Plan submitted with the application.

 

2.2.8    Internal Site Amenity

 

The proposed dwellings front either a central driveway or a central courtyard area. The building articulation and landscaping ensure individual identity for each of the dwellings with sufficient separation from common areas to provide clear distinction between private and public spaces.

 

The proposed development includes two common open space areas. At the rear of the site open space areas would be landscaped including lawn areas, seating and paving. At the frontage the proposed covered seating/letterbox structure is integrated with landscaping and pathways. The proposed common open space areas provide functional outdoor spaces for the future residents. 

 

The proposed detached dwellings have been designed with regard to the operation of the central driveway and pedestrian pathway. Habitable rooms are mainly located away from the driveway and landscaping provides separation between the dwellings and the driveway/pathway.

 

The outlook of the proposed dwellings is primarily internalised with limited orientation to neighbouring properties. The submitted landscape plan is appropriate in creating vistas, garden features and outdoor spaces for dwellings within the development.

 

The proposed dwellings are relatively large with open plan lounge/dining/kitchen areas oriented north, creating functional living spaces for seniors. The accommodation enables multi-purpose use of space and caters for family and guests. Units 6 to 11 include individual lifts and additional storage areas. Stair access is proposed to first floor accommodation of Units 1, 2, 3 and 4. The units comply with the SEPP requirement for the main bedroom to be at the same level as the entry. 

 

2.2.9    Standards that cannot be used to refuse development consent for self-contained dwellings

 

The proposed development complies with the SEPP Clause 50 development standards in respect to building height, density and scale, landscaped area, solar access, private open space and car parking provisions. 

 

The submitted plan Deep Soil Planting Area Drawing No. DA30-A details a total area of 886m2 for deep soil planting. However, a number of the proposed areas are within 3m setback areas for clothes drying and utility areas or would not contribute to canopy trees planting. Deletion of these areas adjacent to Units 1, 4, 6 and 7, provides a total deep soil landscaping area of 733m2, which is in compliance with the Seniors Living SEPP development standard for a minimum 15% of the site area (684m2).

 

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 site includes an area identified by Council’s vegetation mapping as Sydney Turpentine Ironbark Forest which is an endangered ecological community under the Threatened Species Conservation Act 1995. The site is also identified as being within the area of a locally endangered Gang Gang Cockatoo population.

 

The applicant submitted a Flora and Fauna Assessment prepared by Footprint Green Pty Ltd which included a 7 part test pursuant to Section 5A of the Environmental Planning and Assessment Act, 1979. The report includes the following summary in conclusion:

 

“Whilst much of the vegetation on the site consists of exotic species and the habitats have been disturbed, several indigenous canopy trees remain that are considered to be components of what was once the endangered Sydney Turpentine Forest ecological community.

 

It is recognised that these indigenous canopy trees do provide an ecological contribution and assist with the conservation of the Sydney Turpentine Forest within core habitat area. To ensure that there is no net loss to the ecological contribution provided by these trees compensatory replanting using species consistent with those found in the Sydney Turpentine Ironbark Forest will need to be carried out. To compensate for the removal of the 9 indigenous canopy trees the proposed development should include on the landscape plan a minimum of 18 indigenous canopy trees.

 

Based upon the nature and scope of the development it is considered that the proposed development would have minimal impact on common native fauna currently using the site and provided that the recommended measures to minimise impacts on the ecology are implemented.  The proposed development would not have a significant impact on threatened species, populations or the Sydney Turpentine Ironbark Forest community.”

 

Specifically, the Flora and Fauna Assessment prepared by Footprint Green Pty Ltd recommends a total of 18 indigenous canopy trees for compensatory planting including 8 Eucalyptus paniculata, 2 Eucalyptus resinifera, 1 Angophora costata and 7 Syncarpia glomulifera.

 

The submitted landscape plan includes a total of 23 indigenous canopy trees. Conditions are recommended to ensure the long term survival of the replacement trees. 

 

The site includes 62 existing trees the majority of which are exotic species (60%). The proposal involves the removal of 54 trees (within 3m of proposed works) including 9 indigenous trees. Of the trees to be removed trees Nos. 35 and 36 are significant trees under Council’s Tree Management Plan and trees Nos. 14, 15, 20, 30, 33, 34, 38, 41, 55, 56, 60, 61, 62 and 66 are trees good and worthy of preservation.

 

The applicant seeks to remove 39 trees and to retain 23 trees through protection measures, including good and worthy trees Nos. 14, 15, 30, 34, 55, 60, 61, 62 and 66. The tree protection measures include specific design requirements for works within 3m of trees to be retained as detailed in the ‘Impact of Proposed Development on Trees’ report prepared by Footprint Green Pty Ltd.   A condition is recommended for the trees to be retained in accordance with the report’s tree retention requirements.

 

The submitted landscape plan prepared by G. R. & M. A. Sykes includes a mix of indigenous and exotic plant species appropriate to the proposed planting situations and in providing screening for privacy in relation to boundaries and the adjoining tennis court. The submitted plan includes 23 indigenous canopy trees. Correction of the Plant Index for the Landscape Plan is required. A condition is recommended to amend Plant No. 70 from Eucalyptus sideroxylon (Mugga Ironbark) to Eucalyptus paniculata (Grey Ironbark), in accordance with the submitted Flora and Fauna Assessment.

 

Subject to recommended conditions and implementation of the landscape plan, the proposed removal of the nominated existing trees is considered acceptable.   

 

3.2       Built Environment

 

The site is within a low density residential area characterised by substantial dwellings on large lots with formal gardens and large remnant trees. 

 

3.2.1    Residential character

 

The proposed new dwellings are largely at the rear of existing buildings and would have minimal visual impact on the streetscape. The proposal is in keeping with the adjoining two to three storey ‘Chesalon Nursing Home’ and surrounding dwelling houses and includes an appropriate transition in scale between the adjoining three and single storey developments.  Whilst the proposed development exceeds the residential density applicable for the area under the HSLEP, the proposal does not change the pattern of development in the streetscape and would not adversely impact on the residential character of the area. Refer also to comments in Section 3.2.2.

 

While the locality includes many sites that may meet the SEPP’s site selection criteria, the provision of housing in accordance with SEPP is generally at random and would be unlikely to substantially alter the character of the locality or result in an accumulation of similar developments. 

 

3.2.2    Heritage

 

The Heritage Committee commented on the amended proposal as follows:

 

“The proposal is for consolidation of allotments, demolition of an existing dwelling-house (No. 14A Murray Road), and construction of a Seniors Living development comprising eleven (formerly twelve) dwellings.

 

Property Nos. 142-142A Beecroft Road is listed as a heritage item (garden, fence and gate posts) of local significance under the provisions of Schedule D (Heritage Items) of the HSLEP 1994. The property is located within the Beecroft/Cheltenham Heritage Conservation Area listed under the provisions of Schedule E (Heritage Conservation Areas).  The property is also within the vicinity of No. 140 Beecroft Road, Beecroft (“Coombanning”) and Nos. 144-146 Beecroft Road, Beecroft (Chesalon Nursing Home) which are listed as heritage items of local significance under the provisions of Schedule D.

 

The proposal was previously considered by the Heritage Advisory Committee at its meeting on 3 November 2008.

 

At its meeting on 2 March 2009, the Heritage Advisory Committee generally agreed that the amended plans address the Committee’s earlier concerns in relation to the treatment of the existing Federation dwelling-house at No. 16 Murray Road and its setting. The amended plans provide for an improved streetscape presentation by retaining much of the front yard space and establishing a separate entrance for residents (of the dwellings beyond) in the form of a matching lynch gate. The bin storage area has been moved to be alongside the driveway, thereby reducing built structures within the front yard space.

 

The Committee also noted that the Pettit and Sevitt house at No. 14A Murray Road has been subject to substantial changes over time, and moreover, is not a contributory element of the streetscape by virtue of its location on a battle-axe allotment. As such, no objection is raised to its demolition on heritage grounds. The amended proposal also provides for the relocation of deep soil planting, which would enhance views along the vehicle accessway. The scale and bulk of the proposed dwellings are predominately single storey in appearance as each is designed to utilise rooms in the roof space. The Committee generally agreed that the proposed development would not have an adverse impact upon the character of the surrounding Conservation Area or the heritage items in the vicinity. Accordingly, the Committee resolved that no objection be raised to the proposal on heritage grounds.”

 

 

3.2.3    Traffic and parking

 

The proposed development requires 12 car parking spaces in accordance with the Seniors Living SEPP criteria. A total of 17 car parking spaces are proposed including 4 visitor spaces. The 4 visitor spaces are located within the basement area of Units 6 to 11 and a condition is recommended for access to the spaces to be made available to Units 1 to 5.

 

Traffic lights control the intersection of Murray Road and Beecroft Road. The traffic generated by the proposed development is relatively low and would not adversely impact on the local road network.

 

Council’s Traffic and Road Safety assessment concluded that the proposal would be satisfactory in respect to Cheltenham Girls High School parents set down/pick up on Murray Road and on-street visitor parking associated with the adjoining ‘Chesalon Nursing Home’.

 

Should the application be approved, construction vehicle access to the site via Boronia Avenue should be avoided due to the narrow width of the roadway. A condition is recommended for the traffic management plan to include site access only from Murray Road and Beecroft Road.

 

3.2.4    Stormwater Drainage

 

The proposed drainage of the development involves an easement to Boronia Avenue and Council’s drainage system which connects to Devlins Creek. The drainage system on the lower side of Boronia Avenue involves an open channel through residential property.

 

The proposed development increases the site coverage from 20% to 80%. A condition is recommended for the stormwater drainage system to be of design not to exceed pre-development flows and include sufficient detention to cater for a 1 in 50 year storm event. 

 

Subject to the recommended condition, stormwater drainage impact on downstream properties and Devlins Creek would be minimal.  

 

3.3       Social Impacts

 

The proposed self-contained dwellings provide opportunity for eligible households to downsize to well located accommodation with good access to a wide range of services and recreation facilities.

 

The proposal increases the housing stock for older people or people with a disability and would have a positive social impact.

 

3.4       Economic Impacts

 

The proposed development would result in an increase in employment opportunities, in the construction of the development and in the demand for goods and services in the occupation of the 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 relatively level and is suitable for development subject to replacement planting of indigenous trees remnant of Sydney Turpentine Ironbark Forest (refer to comments in Section 3.1).

 

The proposal involves substantial excavation works to a depth of 4.5m. Council’s Land Sensitivity Study identifies development constraints of Soil Dispersibility Level 3 and Soil Landscapes Level 2, for the site. The applicant submitted a geotechnical report prepared by Jeffery and Katauskas Pty Ltd which includes recommendations for the proposed demolition and excavation works, including prescribed use of heavy machinery, vibration limits and retaining wall design. The report also includes recommendations for footings and slab construction for the proposed development. A condition is recommended for implementation of the report recommendations to minimise construction impacts on neighbouring properties and to ensure site stability.

 

A condition is recommended for the implementation of erosion and sediment control measures in addition to the submitted Soil and Water Management Plan prepared by Craig & Rhodes Pty Ltd, to protect downstream water quality.  

 

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 15 October and 5 November 2008 in accordance with Council’s Notification and Exhibition Development Control Plan.  During this period, Council received 38 submissions. The plans for the amended proposal were notified from 28 January to 11 February 2009 and 19 submissions were received in response. 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

 

26 SUBMISSIONS RECEIVED OUT OF MAP RANGE    

 

A total of 55 submissions objected to the development, including submissions from 17 objectors who reiterated previous concerns, generally on the grounds that the development would result in:

 

·          Unacceptable traffic congestion on local streets.

·          Unacceptable heritage streetscape impact.

·          Unacceptable impact on residential character.

·          Unacceptable impacts during construction.

·          The removal of the majority of indigenous trees.

·          Development that is excessive in density, bulk and scale.

·          Precedent for high density development.

·          Poor amenity for adjoining properties.

·          Lack of communal open space for senior residents.

·          Restricted deep soil zones unsuitable for replacement trees.

·          Poor outlook for residents of the proposed dwellings.

·          Loss of privacy.

·          Loss of solar access.

·          Internal stairs unsuitable for seniors.

·          Extensive excavation.

·          Inadequate public transport.

·          Accumulation of developments for seniors.

·          Exploitation of the Seniors Living Policy.

 

In response to the original and the amended proposal, 2 submissions were received from the same respondent in support and made the following observations:

 

·          The development would provide additional housing for senior residents.

·          The development would result in the removal of dangerous trees.

·          The development would provide landscape screening of the existing tennis court.

 

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 a positive impact for the community.  Accordingly, it is considered that the approval of the proposed Seniors Living development would be in the public interest.

 

CONCLUSION

 

Consent is sought for the construction of a Seniors Living development comprising 11 self-contained dwellings and strata title subdivision.  The proposed development has been amended to address concerns previously raised by Council and is of design compatible with surrounding properties. The proposal complies with the design principles and development standards pursuant to the Seniors Living SEPP.

 

The proposed development involves a large building footprint, however, complies with the SEPP standard for deep soil landscaping requiring a minimum 15% of the site area. The proposed landscaping is designed to provide a quality living environment for residents and to provide privacy screening. The proposed landscaping includes replacement planting for the indigenous canopy trees to be removed. The site is considered not to support Sydney Turpentine Ironbark Forest, notwithstanding Council’s mapping of the site in this regard. The replacement trees and existing trees to be retained would maintain the visual quality of the area.

 

The proposed dwellings are relatively large for Seniors Living SEPP developments and are generally of a high standard in terms of amenity. The proposal would provide housing choice in meeting the needs of older people or people with a disability and is well located being in close proximity to a wide range of services and facilities.

 

The proposal received a total of 55 submissions including two submissions in support. The objections primarily were concerned with the loss of trees, parking congestion on Murray Road, impacts on residential amenity and the heritage character of the area. The majority of the concerns were addressed by the amended plans which reduced the number of dwellings, increased the setbacks to adjoining properties and increased the available area for landscaping and included design elements to complement the heritage streetscape.

 

The proposed development increases the existing stormwater runoff from the site. Conditions are recommended for the stormwater drainage detention system to be of design capacity for the proposed development, to minimise impact on downstream properties and water quality.

 

The proposed development involves a battle-axe site and retains the existing dwelling in the streetscape. The development would have minimal impact on the existing heritage streetscape and the residential character of the area. The proposed dwellings are designed with regard to the amenity of the adjoining properties and future residents. The submitted landscape plan includes replacement planting for indigenous canopy trees proposed for removal and would maintain the visual quality of the locality.

 

The proposed development complies with the Seniors Living SEPP and is recommended for approval. 

 

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

Locality Plan

 

 

2.View

Site Survey Plan

 

 

3.View

Tree Locations

 

 

4.View

Site Analysis Plan

 

 

5.View

Landscape Plans

 

 

6.View

Deep Soil Planting Areas

 

 

7.View

Floor Plans

 

 

8.View

Elevations

 

 

9.View

Shadow Diagrams

 

 

10.View

Stormwater Drainage Plan

 

 

 

 

File Reference:           DA/1349/2008

Document Number:   D01115387

 


SCHEDULE 1

 

CONDITIONS OF CONSENT

 

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.

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

DA00-A Site Plan

NBRS + Partners

27/03/2009

DA01-A Gnd Flr Plan

NBRS + Partners

8/04/2009

DA02-A 1st Flr Plan

NBRS + Partners

27/03/2009

DA03-A 2nd Flr Plan

NBRS + Partners

27/03/2009

DA10-A Elevations

NBRS + Partners

8/04/2009

DA11-A Elevations

NBRS + Partners

27/03/2009

 

 

 

Landscape Plan 1-2

G R & M A Sykes

Undated

 

 

 

Soil & Water Mgmt Plan

Craig & Rhodes

8.9.08

 

 

 

 

Document No.

Prepared by

Dated

D01130921  Waste Management Plan

Craig & Rhodes

5 Nov 2008

D01020412 Impact of proposed development on trees

Footprint Green Pty Ltd

26 September 2008

Retention of Existing Trees

This development consent only permits the removal of trees numbered 3, 4, 6, 7, 9, 10, 11, 12, 13, 16, 17, 18, 19, 20, 21, 22, 27, 31, 32, 33, 34, 35, 36, 37, 39, 41, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 56 and 57 as identified on Plan No. tidmrbtn14.01 0.2 prepared by Footprint Green Pty Ltd dated 26/09/08.  The removal of any other trees requires separate approval under Council’s Tree Preservation Order.

Amendment of Plans

The approved plans are to be amended as follows:

 

a.        The mulch pathways detailed on the floor plans and landscape plans are to be deleted and replaced with pathways comprising concrete, stone or brick pavers, to provide an uninterrupted surface of travel, other than around Tree No. 38.

 

b.        The landscape plan Plant Index listing for Plant No. 70 is to be amended by the replacement of Eucalyptus sideroxylon with Eucalyptus paniculata.

 

c.        The landscape plan is to be amended by relocation of Plants Nos. 70 from the western side of Unit 2 and Unit 3 to the deep soil area on the eastern side of the accessway. Plant No. 7 is to be relocated from the south eastern side of Unit 9 to the deep soil area south west side of Unit 1.

 

d.        All indigenous canopy trees – Eucalyptus paniculata Grey Ironbark, Eucalyptus resinifera Red Mahogany, Angophora costata Sydney Red Gum, and Syncarpia glomulifera Turpentine, numbered 70, 85, 2 and 7 on the landscape plan, are to be a minimum pot size of 25 litres.

 

 

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.

Building Code of Australia

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

 

5.         Access Plan

 

The construction certificate drawings must be certified by an access consultant, as compliant with the accessibility and useability standards of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004.

 

6.         Geotechnical Plan

 

The construction certificate drawings must be prepared in accordance with the recommendations of the geotechnical engineer, Jeffery and Katauskas Pty Ltd, report dated 1 July 2008 Ref: 22202ZRrpt.

 

7.         Waste Management Plan

 

The bin storage areas must be designed and constructed in accordance with Hornsby Shire Council’s Waste Minimisation and Management Development Control Plan.

8.         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.

9.         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; and

 

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

10.       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.

 

 

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.       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.

13.       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.

14.       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.

 

15.       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

16.       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.

17.       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.

18.       Street Sweeping

Street sweeping must be undertaken following sediment tracking from the site along Murray Road during works and until the site is established.

19.       Works near Trees

All works (including driveways and retaining walls) within 3 metres 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 4 metres of any tree to be retained.

20.       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.

21.       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.

22.       Survey Report – Finished Floor Level

A report(s) 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.

 

23.       Landscape Works To All Areas

All landscape works must meet the minimum construction standards identified in the Hornsby Shire Council Landscape Code for Development Applications including the construction of mulched planter beds, planting of trees in minimum 25 litre pot sizes, shrubs in minimum 5 litre pot sizes and groundcovers in minimum 150mm pot sizes in the densities identified in the submitted planting specification. 

 

 

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.

24.       Fulfilment of BASIX Commitments

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

25.       Smoke Alarms – Dwelling Additions

Smoke alarms must be installed in the existing building and the proposed additions in accordance with the requirements of the Building Code of Australia.

26.       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 an existing Council piped drainage system.

 

b.         Hornsby Shire Council’s approval for the proposed drainage works within Public Road is required (a construction certificate is to be submitted to Council).

 

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.

27.       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.         The drainage system to control all collected roof and surface stormwater shall be designed with an on-site-detention system. Stormwater discharge from the development site shall be limited to 5 year pre development ARI (average recurrence interval) discharge level. On site detention storage shall be provided for up to 50 year ARI storm events. Detail calculations are to be submitted with a construction certificate application.

 

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.

 

e.          Not be constructed in a location that would impact upon the visual or recreational amenity of residents.

 

f.          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.

 

g.         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.

28.       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.         Approval obtained from all relevant utility providers that all necessary conduits be provided and protected under the crossing.

 

b.         The grated gully pit must be relocated outside the vehicular footway crossing.

 

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.

29.       Internal Driveway/Vehicular Areas

The driveway and parking areas on site must be designed in accordance with Australian Standards 2890.1, 3727 and the following requirements:

 

a.         Design levels at the front boundary be obtained from Council.

 

b.         The driveway grade not exceed 25 percent and changes in grade not exceed 8 percent.

 

c.         Planting of landscaping strips 0.5 metres wide along both sides of the length of the driveway.

 

d.         Passing bays are to be constructed at the intersection of the driveway and Murray Road and at 50m intervals. Entry and exit signs area to be erected for the proposed separation of vehicular entry and exit movements by an island (at the intersection of the driveway and Murray Road). 

30.       Works as Executed Plan

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

31.       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.

32.       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 vehicle access only via Beecroft Road and Murray Road, access via Boronia Avenue is not permitted.

 

f.         Traffic management plans.

g.         Pedestrian and cyclist access/safety.

33.       Retaining Walls

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

34.       Boundary Fencing

Fencing must be erected along all property boundaries behind the front building alignment to a height of 1.8 metres at full cost to the developer.

 

Note:   Alternative fencing may be erected subject to the written consent of the adjoining property owner(s).

35.       Restriction on Occupation – Housing for Seniors or People with a Disability

A restriction as to user must be created under s88B of the Conveyancing Act 1919 and registered, requiring the dwellings approved under this consent to be solely used for the accommodation of:

 

a.         Seniors (55+ age) or people with a disability.

 

b.         People who live within the same household as seniors or people with a disability.

 

c.         Staff employed to assist the administration and provision of services to housing provided under SEPP (Housing for Seniors or People with a Disability) 2004.

 

Note:  The restriction must nominate Council as the authority to release, vary or modify the restriction.

36.       External Lighting

All external lighting must be designed, installed and certified in accordance with Australian Standard AS 4282 – Control of the Obtrusive Effects of Outdoor Lighting

 

37.       Certification of Landscape Works

 

The completed landscaping works must be inspected and certified by a registered landscape architect or experienced landscape architect/designer as being in accordance with the requirements of the development consent.

38.       S94 Infrastructure Contributions 

            The payment of a contribution of $63,685.30 for 11 Seniors Living dwellings, towards the cost of transport and traffic management, open space and recreation facilities, library and community facilities, bushland regeneration, stormwater drainage, civic improvements and section 94 plan administration in accordance with sections 94, 94A and 94C of the Environmental Planning and Assessment Act, 1979 and the Hornsby Shire Council’s Development Contributions Plan 2007-2011.  The contribution is based on a rate of $9,274.65 per Seniors Living dwelling and it is to be paid by the end of the financial quarter in which the development application was determined and prior to the issuing of a construction certificate.  The contribution will be adjusted in accordance with the underlying consumer price index for the subsequent financial quarters. The levied contribution includes a credit of 9,274.65 for each of the two existing detached dwellings.

 

Note: *   The value of contribution is current as at 31 March 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.

 

39.       Visitors Car Parking

 

All units approved under this development consent must have access to the visitor car parking spaces.

 

40.       Waste Management

 

A site caretaker must be engaged to move bins to and from the bin storage area/bin collection point and to maintain bin storage areas and waste management.

 

41.       Maintenance of Landscaping

 

The landscape works must be maintained in perpetuity to ensure the establishment and successful growth of plant material to meet the intent of the landscape design.

 

 

 

- 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 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.

 

House Numbering

 

House numbering can only be authorised by Council.  Before proceeding to number each premise in the development, the allocation of numbers is required to be obtained from Council's Planning Division.  The authorised numbers are required to be displayed in a clear manner at or near the main entrance to each premise.

 

 

 

 


Hornsby Shire Council

Attachment to Report No. RM1/09

 

 


Hornsby Shire Council

Attachment to Report No. RM1/09

 

 


Hornsby Shire Council

Attachment to Report No. RM1/09

 

 


Hornsby Shire Council

Attachment to Report No. RM1/09

 

 


Hornsby Shire Council

Attachment to Report No. RM1/09

 


 


Hornsby Shire Council

Attachment to Report No. RM1/09

 

 


Hornsby Shire Council

Attachment to Report No. RM1/09

 



 


Hornsby Shire Council

Attachment to Report No. RM1/09

 


 


Hornsby Shire Council

Attachment to Report No. RM1/09

 






 


Hornsby Shire Council

Attachment to Report No. RM1/09

 

 

  


Hornsby Shire Council

Attachment to Report No. PLN38/09

 

 

 

 

 

 

 

 

 

 

ATTACHMENT/S

 

REPORT NO. PLN38/09

 

ITEM 2

 

1. Locality Plan

2. DA Plan

3. Document from Steel Modular Systems

 

 


Hornsby Shire Council

Attachment to Report No. PLN38/09

 

 


Hornsby Shire Council

Attachment to Report No. PLN38/09

 

 


Hornsby Shire Council

Attachment to Report No. PLN38/09

 

  


Hornsby Shire Council

Attachment to Report No. PLN39/09

 

 

 

 

 

 

 

 

 

 

ATTACHMENT/S

 

REPORT NO. PLN39/09

 

ITEM 3

 

1. Locality Map

2. Site Plan

3. Landscape Plan

4. Floor Plan

5. Elevations

6. Shadow Diagrams

7. Drainage

8. Threatened Species Assessment

 

 


Hornsby Shire Council

Attachment to Report No. PLN39/09

 

 


Hornsby Shire Council

Attachment to Report No. PLN39/09

 

 


Hornsby Shire Council

Attachment to Report No. PLN39/09

 

 


Hornsby Shire Council

Attachment to Report No. PLN39/09

 

 


Hornsby Shire Council

Attachment to Report No. PLN39/09

 

 


Hornsby Shire Council

Attachment to Report No. PLN39/09

 


 


Hornsby Shire Council

Attachment to Report No. PLN39/09

 

 


Hornsby Shire Council

Attachment to Report No. PLN39/09

 
















  


Hornsby Shire Council

Attachment to Report No. PLN33/09

 

 

 

 

 

 

 

 

 

 

ATTACHMENT/S

 

REPORT NO. PLN33/09

 

ITEM 4

 

1. Locality Plan

2. Site Plan

3. Floor Plans

4. Elevation Plans

5. Section Plan

6. Shadow Plans

7. Landscape Plans

 

 


Hornsby Shire Council

Attachment to Report No. PLN33/09

 

 


Hornsby Shire Council

Attachment to Report No. PLN33/09

 

 


Hornsby Shire Council

Attachment to Report No. PLN33/09

 














 


Hornsby Shire Council

Attachment to Report No. PLN33/09

 




 


Hornsby Shire Council

Attachment to Report No. PLN33/09

 

 


Hornsby Shire Council

Attachment to Report No. PLN33/09

 





 


Hornsby Shire Council

Attachment to Report No. PLN33/09

 



 


Hornsby Shire Council

Attachment to Report No. PLN34/09

 

 

 

 

 

 

 

 

 

 

ATTACHMENT/S

 

REPORT NO. PLN34/09

 

ITEM 5

 

1. Locality Plan

2. Site/Tree Plan

3. Landscape Plan

4. Floor Plans

5. Elevations

6. Shadow Plans

7. Stormwater Plans

8. Erosion & Sediment Control Plan

9. Threatened Species Report

 

 


Hornsby Shire Council

Attachment to Report No. PLN34/09

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

LOCALITY PLAN

 

 

DA/432/2008

 

16C Osborn Road, Normanhurst

 

 


Hornsby Shire Council

Attachment to Report No. PLN34/09

 

 


Hornsby Shire Council

Attachment to Report No. PLN34/09

 

 


Hornsby Shire Council

Attachment to Report No. PLN34/09

 


 


Hornsby Shire Council

Attachment to Report No. PLN34/09

 


 


Hornsby Shire Council

Attachment to Report No. PLN34/09

 

 


Hornsby Shire Council

Attachment to Report No. PLN34/09

 


 


Hornsby Shire Council

Attachment to Report No. PLN34/09

 

 


Hornsby Shire Council

Attachment to Report No. PLN34/09

 


















 


Hornsby Shire Council

Attachment to Report No. PLN35/09

 

 

 

 

 

 

 

 

 

 

ATTACHMENT/S

 

REPORT NO. PLN35/09

 

ITEM 6

 

1. Locality Plan

2. Staging Plan

3. Floor Plans

4. Elevations and Sections

 

 


Hornsby Shire Council

Attachment to Report No. PLN35/09

 

 


Hornsby Shire Council

Attachment to Report No. PLN35/09

 

 


Hornsby Shire Council

Attachment to Report No. PLN35/09

 



 


Hornsby Shire Council

Attachment to Report No. PLN35/09

 

 


Hornsby Shire Council

Attachment to Report No. PLN41/09

 

 

 

 

 

 

 

 

 

 

ATTACHMENT/S

 

REPORT NO. PLN41/09

 

ITEM 7

 

1. Independent Town Planning Consultant's Report

2. Locality Plan

3. Floor Plans

4. Elevations, Shadow Plans, Floor Plans and Landscape Plan

 

 


Hornsby Shire Council

Attachment to Report No. PLN41/09

 

ATTACHMENT 1

 

INDEPENDENT CONSULTANT'S REPORT - MODIFICATION TO MIXED COMMERCIAL AND HIGH DENSITY MULTI-UNIT HOUSING DEVELOPMENT.

 

 

Development Application No:      DA/1586/2001/B (Section 96(2)).

 

Description of Proposal:             Section 96(2) application to amend the approved mixed commercial and multi-unit housing development to, among other things:

 

-        extend the basement car parking.

 

-        increase the amount of commercial floor space.

 

-        reduce the number of residential units from 95 to 70.

 

-        delete the approved gymnasium/meeting room.

 

-        amend the internal layout of some residential units.

 

-        alter the external appearance of the built form.

 

-        increase the overall height and floor space ratio.

 

Property Description:                Lots 1 & 2, DP 606694, Nos.135-137 Pacific Highway, Hornsby and part of the closed Pound Road reserve being Lot 1, DP 1077943.

 

Applicant:                                       Mr Tony Falcone.

 

Statutory Provisions:                 Hornsby Shire LEP - Residential D (High Density) Zone.

 

Estimated Value:                      $23,240.221.

 

Ward:                                       B

 

 

 

RECOMMENDATION

 

THAT Development Application No.1586/2001/B to amend the approved mixed commercial and multi-unit housing development by extending the basement car parking, increasing the amount of commercial floor space, reducing the number of residential units, deleting the approved gymnasium/meeting room, amending the internal layout of some residential units, altering the external appearance of the built form, and increasing the overall height and floor space ratio be refused.

 


 

EXECUTIVE SUMMARY

 

1.       The application proposes to amend the approved mixed commercial and multi-unit housing development to, among other things:

 

-        extend the basement car parking

 

-        increase the amount of commercial floor space

 

-        reduce the number of residential units from 95 to 70

 

-        delete the approved gymnasium/meeting room

 

-        amend the internal layout of some residential units

 

-        alter the external appearance of the built form

 

-        increase the overall height and floor space ratio.

 

2.       The proposal does not comply with the Design Quality Principles of State Environmental Planning Policy No.65 - Design Quality of Residential Flat Development, the Floor Space Ratio provisions of clause 15 of the Hornsby Shire Local Environmental Plan 1994 and the height control, solar access and waste management elements of Council's High Density Multi-Unit Housing Development Control Plan.

 

3.       Thirty nine submissions were received during the exhibition of the proposed development.

 

4.       It is recommended that the application be refused.

 

HISTORY OF THE SITE

 

Council, on 19 November 2003, considered a report dealing with DA 1586/2001.  The report recommended that:

 

"THAT Development Application No.1586/01 for demolition of the existing structures and the erection of a mixed Commercial and Multi-Unit Housing development comprising 95 units residential units and 5 commercial units and associated facilities, and four (4) levels of below ground level car parking, on Lots 1 & 2, DP 606694, Nos.135-137 Pacific Highway and No.1 Pound Road, Hornsby, and part of the Pound Road road reserve be approved subject to the closure of Pound Road.

 

It is further recommended that the Council delegate authority to the General Manager to approve the proposal upon the closure of Pound Road and be authorised to affix appropriately worded conditions of approval."

 

Council resolved:

 

"THAT determination of Development Application No.1586/01 for demolition of the existing structures and the erection of a mixed development comprising 95 units residential units and 5 commercial units and associated facilities, and four (4) levels of below ground level car parking, on Lots 1 & 2, DP 606694, Nos.135-137 Pacific Highway and No.1 Pound Road, Hornsby, and part of the Pound Road Road reserve be delegated to the General Manager to approve upon the closure of Pound Road and subject to appropriate conditions."


 

Pound Road was closed pursuant to a notice in Government Gazette No.25, 11 February 2005.

 

Council, by Notice of Determination dated 9 May 2005, notified the then applicant, Gelder Architecture Group, that:

 

"Pursuant to Section 81 (1) (a) of the Environmental Planning and Assessment Act, 1979 the development application [DA 1586/2001] has been determined by approval subject to the conditions specified in this notice and generally in accordance with the stamped approved plans dated 26 July, 2002 (Reference: DWG Nos.DA01 to DA11 issue C)."

 

The approved development was for:

 

"The erection of a part ten (10) and part eleven (11) storey development comprising 95 residential units, five (5) commercial units, gymnasium, common/meeting room and four (4) levels of below ground car parking."

 

THE SITE

 

The site is Lots 1 & 2, DP 606694, Nos.135-137 Pacific Highway, Hornsby and Lot 1, DP 1077943 being the closed Pound Road road reserve, Hornsby.

 

The site is irregular in shape. The plan of DP 606694 shows that the main body of the site has a frontage of 31.93 m to the Pacific Highway, a frontage of 48.585 m to Government Road and a 67.46 frontage to the eastern side of Pound Road. 

 

The site area comprises:

 

Lot 1, DP 606694                       635.1 m2

 

Lot 2, DP 606694                       1,129 m2

 

Lot 1, DP 1077943                     911.8 m2

 

Total site area                               2,675.9 m2

 

Land in the vicinity of the site has been developed for commercial and high density multi-unit housing development, generally in accordance with the Hornsby Shire Local Environmental Plan 1994 and the High Density Multi-Unit Housing Development Control Plan.

 

THE PROPOSAL

 

The proposed modifications include:

 

-        extending the basement level car parking under the closed section of Pound Road and towards the Pacific Highway to provide additional car parking spaces, storage areas, plant rooms, stairs and disabled car parking.  The proposed car parking is for 202 vehicles comprising 80 residential spaces, 14 visitor spaces and 108 commercial spaces.

 

-        providing more commercial floor space in lieu of the gymnasium/meeting room and some residential units.

 

-        reducing the number of residential units from 95 to 70.

 

-        increasing the floor plate of the lower levels of the development.

 

-        including larger terrace and balcony areas for the improved amenity of many of the residential occupants.

 

-        increasing ceiling heights for the residential units to generally accord with the requirements of the Residential Flat Design Code and, hence, increasing amenity to the residential occupants.

 

-        reduction in the area of the floor plate of floors 8, 9 and 10.

 

-        amending the elevations of the building to enhance the appearance of the building and provide for a more contemporary building in terms of materials, textures and colours.

 

-        amending the external window and door patterns of the building to enhance the appearance of the building.

 

-        providing for landscaping of the closed section of Pound Road to enhance the residential amenity for those living in both the proposed development and other developments in the vicinity of the site.

 

-        activating the closed section of Pound Road by providing for a commercial section which will face that section of Pound Road.

 

-        increasing the approved height of the ceiling of the topmost residential floor by 5.2m from RL 219.8m to RL 225m which represents an additional two (2) residential levels.

 

-        increasing the overall height of the development by 4.622m from RL 224.4m for the lift overrun of the approved development to RL 229.022m which is an architectural, corner, feature of the amended development.

 

-        increasing the Floor Space Ratio of the approved development from 3.91:1 to 4:43:1.

 

ASSESSMENT

 

The s.96(2) application has been assessed having regard to the "2005 City of Cities Metropolitan Strategy" the "North Subregion (Draft) Subregional Strategy" and the relevant 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 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 additional dwellings, albeit in reduced number to that of the approved development, and would improve the housing stock in the locality by providing for a better urban design both externally and internally compared to that which has been approved by the Council.

 

2.         STATUTORY CONTROLS

 

2.1      Environmental Planning and Assessment Act 1979 - Section 96(2)

 

Section 96(2) of the Environmental Planning and Assessment Act 1979 states:

 

"A consent authority may, on application being made by the applicant or any other person entitled to act on a consent granted by the consent authority and subject to and in accordance with the regulations, modify the consent if:

 

(a)      it is satisfied that the development to which the consent as modified relates is substantially the same development as the development for which consent was originally granted and before that consent as originally granted was modified (if at all) under this section, and

 

(b)      it has consulted with the relevant Minister, public authority or approval body (within the meaning of Division 5) in respect of a condition imposed as a requirement of a concurrence to the consent or in accordance with the general terms of an approval proposed to be granted by the approval body and that Minister, authority or body has not, within 21 days after being consulted, objected to the modification of that consent, and

 

(c)      it has notified the application in accordance with:

 

(i)       the regulations, if the regulations so require, or

 

(ii)      a development control plan, if the consent authority is a council that has made a development control plan under section 72 that requires notification or advertising of applications for modification of a development consent, and

 

(d)      it has considered any submissions made concerning the proposed modification within the period prescribed in the regulations or provided by the development control plan, as the case may be."

 

As stated in sub-section 96(2)(a) the Council must be satisfied that the development to which the Consent, as modified, relates is substantially the same development as that for which consent was originally granted.

 

The approved development is for a mixed commercial and multi-unit housing development.  The amendments provide for a more architecturally efficient design and seek to amend the residential and commercial floor space of that development to better reflect the commercial needs of the applicant.  The amended development would be substantially the same development as that which was approved by the Council pursuant to Development Consent No.1586/2001.

 

With regard to sub-section 96(2)(b), there is no requirement to notify the Minister.  The Council has, however, notified RailCorp of the proposal to amend the approved development in accordance with State Environmental Planning Policy (Infrastructure) 2007.  RailCorp has advised that it:

 

"... has decided to grant its concurrence to the development proposed in application DA/1586/2001/B subject to Council imposing the conditions provided in Attachment A."

 

Should the Council be of a mind to approve the application, the conditions referred to by RailCorp must be attached to the amended development consent.

 

The Council has also referred the s.96(2) application to the Roads and Traffic Authority, however, at time of writing this report, no reply has been forthcoming from that authority.

 

With regard to sub-section 96(2)(c), the Council has notified the s.96(2) application in accordance with the regulation.

 

With regard to sub-section 96(2)(d), 39 submissions have been received objecting to the proposed amendment.  The submissions generally raise concern with the development as a whole and not the amendments which have been proposed.

 

Sub-clause 96(3) states:

 

"(3)    In determining an application for modification of a consent under this section, the consent authority must take into consideration such of the matters referred to in section 79(C) (1) as are of relevance to the development the subject of the application."

 

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.”

 

2.2      Hornsby Shire Local Environmental Plan 1994

 

The site is zoned Residential D (High Density).  The use is permissible pursuant to Clause 7 of the HSLEP.

 

The zone objectives 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 high density residential environment.

 

(c)      to provide for development that is within the environmental capacity of a high density residential environment."

 

The amended development will provide additional housing for the population of the Hornsby area, albeit with a reduction in the number of units from the approved 95 to proposed 70 units, and will assist in the requirement of the Council for the provision of a variety of housing types in the high density Pound Road Precinct.  As discussed in a later section of this report, however, the bulk and scale of the amended development is considered to be excessive and, hence, will not provide that housing within the environmental capacity of the high density residential area.  The proposed development is inconsistent with objective (c) of the zone.

 

Sub-clause 15(1) of the HSLEP states that a Floor Space Ratio of 1.6:1 applies to the Residential D (High Density) Zone.  Sub-clause 15(2), however, states that:

 

"In relation to land shown edged heavy black on a Diagram in Schedule B, subclause (1) is subject to the provisions of Schedule B that apply to that land."

 

The subject land is within the area of land shown in Diagram 11 of Schedule B of the HSLEP.  Schedule B states, among other things, that:

 

 

"The Council may consent to development that results in a floorspace ratio greater than 1.6:1 in respect of the land shown edged heavy black on Diagram 11 if the gross floor area that results in a floorspace ratio in excess of 1.6:1 is used, or is proposed to be used, exclusively for the purpose of multi-unit housing and if the total floorspace ratio for the development does not exceed 4:1."

 

The approved development has a floor space ratio of 3.91:1 where the area in excess of 1.6:1 is used exclusively for multi-unit housing and, as such, complies with sub-clause 15(2) of the HSLEP.

 

The proposed amended development, however, has a floor space ratio of 4.43:1 which significantly exceeds the 4:1 development standard contained in the HSLEP.  Under circumstances where the proposal was submitted as a development application, any variation to the 4:1 development standard would need to be considered by the Council having regard to an objection to that development standard in accordance with State Environmental Planning Policy No.1 - Development Standards.  The proposal now before the Council is, however, a s.96(2) application to amend development consent No.1586/2001.

 

The issue of whether State Environmental Planning Policy No.1 - Development Standards applies in the assessment of a s.96(2) application was addressed in the judgement of Justice Lloyd of the Land and Environment Court in the matter Gann and Anor v Sutherland Shire Council (2008) NSWLEC 157 where Justice Lloyd concluded that:

 

"The fact that s 96 is a free-standing provision means that the restriction under s 76A which requires development to be carried out in accordance with the development consent and an environmental planning instrument, does not apply to an application under that section.  This conclusion is reinforced by s 96(4), which states that the modification of a development consent in accordance with this section is taken not to be the granting of development consent..."

 

As such, State Environmental Planning Policy No.1 - Development Standards does not apply in the assessment of the s.96(2) application now before the Council.

 

Notwithstanding, as stated above, sub-clause 96(3) states:

 

"(3)    In determining an application for modification of a consent under this section, the consent authority must take into consideration such of the matters referred to in section 79(C) (1) as are of relevance to the development the subject of the application."

 

The 4:1 floor space ratio development standard is thus a matter for the consideration of the Council in its general assessment of the s.96(2) application.

 

In an attempt to justify the non compliance with the 4:1 floor space ratio development standard, the applicant states:

 

"The changes are not considered excessive or detrimental to the overall appearance of the building/development, will not adversely impact on the amenity of the surrounding area and will not adversely impact on the existing streetscapes.  The proposed changes are necessary so as to provide a more contemporary building with modern materials, textures and colours. In addition the internal layouts of the residential units have been altered so as to improve the function of the units and enhance the amenity for the occupants of the residential units.

 

The development satisfies the Objective of the Floor Space Ratio Clause.  The Objective is "To control the intensity and scale of development of land so that development will be in accordance with the land's environmental capacity and zone objectives."

 

 

The term "environmental capacity" is not defined in the HSLEP, however, in the matter of Shaw v Hornsby Shire Council, the Land and Environment Court indicated:

 

"Environmental capacity is not defined in the LEP, but I understand this provision requires development to be sensitive to its surroundings in terms of character and also in terms of amenity impacts."

 

Having regard to the approved development and the now proposed amendments to that development, it is clearly the case that, on balance, the amendments proposed, in terms of urban design and amenity to the occupants of the amended development is an improvement on that which was approved by the Council in 2005.

 

With regard to the character of its surroundings, however, Council, in adopting the 4:1 floor space ratio development standard for the High Density Residential Zone, considered that a building of such density, and hence bulk and scale, would be that which would define the character of the Pound Road Precinct.  Indeed, previous development applications approved by the Council in the Pound Road Precinct have generally been approved in compliance with that development standard.  The floor space ratio development standard has also been confirmed by the then Chief Justice of the Land and Environmental Court in consideration of a multi-unit housing development in Pound Road.  Consequently, the character of the Pound Road Precinct has, at least in part, be established by high density mixed use development which complies with the 4:1 floor space ratio development standard.

 

The applicant is of the opinion that the proposed exceedence of the 4:1 development standard is "... necessary so as to provide a more contemporary building with modern materials, textures and colours".  It is considered that this is not a well founded reason to vary a development standard which has been consistently applied in the Pound Road Precinct.  It is considered that a "more contemporary building with modern materials, textures and colours" could equally be provided by a development which complied with the 4:1 floor space ratio development standard.

 

The reasoning provided by the applicant to vary the development standard, a control which has been consistently applied by the Council and the Land and Environment Court to define the character of the Pound Road Precinct, is not well founded and should not be supported by the Council.

 

2.3      State Environmental Planning Policy No.65 - Design Quality of Residential Flat Development

 

State Environmental Planning Policy No.65 - Design Quality of Residential Flat Development  has been devised to:

 

-        provide the strategic and statutory framework for the State government Design Quality Program.

 

-        give legal force to the government's initiative to improve the design quality of residential flat development.

 

-        explain why design quality is important and how it can be better achieved.

 

Part 2 of SEPP 65 contains 10 Design Quality Principles.  Those principles deal with the following issues:

 

-        Context

-        Scale

-        Built form

-        Density

 

-        Resource, energy and water efficiency

-        Landscape

-        Amenity

-        Safety and security

-        Social dimensions

-        Aesthetics.

 

The following comments are provided with regard to the relevant Design Quality Principles of SEPP 65.

 

Context

 

SEPP 65 states:

 

"Good design responds and contributes to its context.  Context can be defined as the key natural and built features of an area.

 

Responding to context involves identifying the desirable elements of a location's current character or, in the case of precincts undergoing a transition, the desired future character as stated in planning and design policies.  New buildings will thereby contribute to the quality and identity of the area."

 

The desired future character of the Pound Road Precinct is depicted in the High Density Multi-Unit Housing DCP.  The approved development was considered by the Council to accord with that desired future character in that it generally complied with the requirements of the DCP and, hence, the context design principle.

 

The proposed amendment, with a floor space ratio of 4.43:1 compared to the maximum 4:1 and height significantly in excess of that consistently applied by the Council in the Pound Road Precinct, is considered to be inconsistent with the desired future character, and, hence, inconsistent with the context design principle.

 

Scale

 

SEPP 65 states:

 

"Good design provides an appropriate scale in terms of the bulk and height that suits the scale of the street and the surrounding buildings.

 

Establishing an appropriate scale requires a considered response to the scale of existing development.  In precincts undergoing a transition, proposed bulk and height needs to achieve the scale identified for the desired future character of the area."

 

The height of the approved development is consistent with other development approved in the Pound Road Precinct and accords with the controls which have been applied to other development in the precinct.

 

On the other hand, the amended development is significantly non compliant with the RL 220m height limit consistently applied by the Council to the habitable areas of the approved development in the precinct.  This, coupled with the 4.43:1 floor space ratio of the amended development, contribute to an excessive bulk and scale with the result that the amended development is inconsistent with the scale design principle.

 

It is considered that the design of the amended development is such that, with a reduced floor space ratio and height to reflect the applicable controls, would better accord with the scale design principle than the approved development.

 

 

Built form

 

SEPP 65 states:

 

"Good design achieves an appropriate built form for a site and the building's purpose, in terms of building alignments, proportions, building type and the manipulation of building elements.

 

Appropriate built form defines the public domain, contributes to the character of streetscapes and parks, including their views and vistas, and provides internal amenity and outlook."

 

The proposed amendment, in isolation to the bulk, height and scale of that development, is clearly a more appropriate built form when compared to that which was previously approved by the Council and, hence, accords with the built form design principle.

 

Density

 

SEPP 65 states:

 

"Good design has a density appropriate for a site and its context, in terms of floor space yields (or number of units or residents).

 

Appropriate densities are sustainable and consistent with the existing density in an area or, in precincts undergoing a transition, are consistent with the stated desired future density. Sustainable densities respond to the regional context, availability of infrastructure, public transport, community facilities and environmental quality."

 

The approved development meets the density requirements of the Council controls for the site.  As stated elsewhere in this report, however, the amended development is significantly non compliant with those density controls and, hence, is inconsistent with the density design principle.

 

Amenity

 

SEPP 65 states:

 

"Good design provides amenity through the physical, spatial and environmental quality of a development.

 

Optimising amenity requires appropriate room dimensions and shapes, access to sunlight, natural ventilation, visual and acoustic privacy, storage, indoor and outdoor space, efficient layouts and service areas, outlook and ease of access for all age groups and degrees of mobility."

 

The design of the amended development will generally provide better amenity to the occupants of the development compared to that attained by the approved development.

 

Aesthetics

 

SEPP 65 states:

 

"Quality aesthetics require the appropriate composition of building elements, textures, materials and colours and reflect the use, internal design and structure of the development.  Aesthetics should respond to the environment and context, particularly to desirable elements of the existing streetscape or, in precincts undergoing transition, contribute to the desired future character of the area."

 

The amendments proposed by the applicant will clearly be an improvement on the aesthetics of the built form compared to the approved development.

 

Clause 115 of the Environmental Planning and Assessment Regulation 2000 states, among other things:

 

"... an application for the modification of a development consent under section 96 (2) or 96AA (1) of the Act, if it relates to residential flat development for which the development application was required to be accompanied by a design verification from a qualified designer under clause 50 (1A), must be accompanied by a design verification from a qualified designer, being a statement in which the qualified designer verifies that:

 

(a)      he or she designed, or directed the design, of the modification of the residential flat development, and

 

(b)      the residential flat development, as modified, achieves the design quality principles set out in Part 2 of State Environmental Planning Policy No 65 - Design Quality of Residential Flat Development, and

 

(c)      the modifications do not diminish or detract from the design quality, or compromise the design intent, of the development for which the development consent was granted."

 

The s.96(2) application has not been accompanied by a Design Verification Statement.  If the Council is of a mind to approve the proposed amendment, it is recommended that the decision be deferred to enable the applicant to provide a suitable Design Verification Statement.

 

Notwithstanding, the amendments proposed by the applicant, in terms of urban design, will clearly provide for a more contemporary built form than that which was approved by the Council in 2005.

 

The amended design also provides for an activation of the Pound Road road reserve which is proposed to be landscaped in accordance with the requirements of the Council.

 

The internal layout of the residential units has been generally improved compared to those of the approved development, and, where able, accords better with the Residential Flat Design Code than many of the approved units.

 

2.4      State Environmental Planning Policy No.55 - Remediation of Land

 

The original application was been assessed against the requirements of State Environmental Planning Policy No.55 - Remediation of Land   This Policy provides State-wide planning controls to ensure that land use is not affected by contamination.

 

Suitable conditions of consent were attached to development consent No.1586/2001.

 

2.5      State Environmental Planning Policy (Infrastructure) 2007

 

The application has been assessed against the requirements of clause 87 "Impact of rail noise and vibration on non-rail development" of State Environmental Planning Policy (Infrastructure) 2007.  Clause 87 of the SEPP deals with the impact of rail noise and vibration on non-rail development and states:

 

"(1)    This clause applies to development for any of the following purposes that is on land in or adjacent to a rail corridor and that the consent authority considers is likely to be adversely affected by rail noise or vibration:

 

(a)      a building for residential use,

 

(b)      a place of public worship,

 

(c)      a hospital,

 

(d)      an educational establishment or child care centre.

 

(2)      Before determining a development application for development to which this clause applies, the consent authority must take into consideration any guidelines that are issued by the Director-General for the purposes of this clause and published in the Gazette.

 

(3)      If the development is for the purposes of a building for residential use, the consent authority must not grant consent to the development unless it is satisfied that appropriate measures will be taken to ensure that the following LAeq levels are not exceeded:

 

(a)      in any bedroom in the building - 35 dB(A) at any time between 10.00 pm and 7.00 am,

 

(b)      anywhere else in the building (other than a garage, kitchen, bathroom or hallway) - 40 dB(A) at any time."

 

The Council has consulted with RailCorp as part of the assessment of this application.  As noted elsewhere in the report, RailCorp has advised that it:

 

"... has decided to grant its concurrence to the development proposed in application DA/1586/2001/B subject to Council imposing the conditions provided in Attachment A."

 

Should the Council be of a mind to approve the application, the conditions referred to by RailCorp must be attached to the amended development consent.  In addition, a condition requiring compliance with clause 87 of State Environmental Planning Policy (Infrastructure) 2007 should be applied.

 

2.6      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.  The following assessment is provided.

 

2.6.1   Gateway and Corner Treatments

 

The DCP provides for certain intersections to be treated with distinct architectural features to promote definition to the precinct and signify entry to the Town Centre.  The proposed development site is not affected by this provision of the DCP.  Nonetheless, the proposed amended development provides for a significant gateway feature at the intersection of the Pacific Highway with Government Road.  It is considered that the height and scale of that architectural feature is inappropriate for this site.  A feature which accords with the height controls consistently applied in the Pound Road Precinct is considered to be a more appropriate urban design response to this corner element.

 

2.6.2   Traffic Management, Vehicle Access and Car Parking

 

The amended development maintains vehicular ingress and egress from Government Road which satisfies the Masterplan for the Pound Road Precinct. The Council's Traffic Engineer raised no objection to that proposed ingress and egress.

 

The Traffic Engineer raised the following points:

 

-        A car park management plan should be provided which prevents long term parking by motorists not using the development.

 

-        Access for waste vehicles should meet the requirements of the Waste Team.

 

-        Vehicles used in delivery or collection of goods shall not wait or queue upon the public roads.

 

-        All vehicles shall enter and exit the site in a forward direction with the exception of any 12.5m removalist vehicles.

 

-        All deliveries shall be made within the site.  Under no circumstances are delivery vehicles to be loaded and or unloaded upon the public roads.

 

-        Parking bays are not to be used as storage bays.

 

-        There remains a shortfall of 2 car parking spaces, however, this is not significant subject to the shortfall being from the staff parking component of the parking allocation.

 

-        All parking spaces shall be marked and numbered on the ground with white paint in accordance with the approved drawings.

 

-        All off street car parking including the provision of aisle, ramps and access driveways shall comply with Australian Standard AS 2890.1:2004 Off-street Car Parking and AS 2890.2 - 2002 Off-street Commercial Vehicle Facilities.

 

-        Parking, loading and manoeuvring areas are to the used solely for such purposes.

 

-        Prior to occupation, car parking spaces are to be allocated to each unit in accordance with Hornsby Shire Council's Car Parking DCP and a corresponding Compliance Certificate is to be obtained.

 

If the Council is of a mind to approve the proposed amendments, it is recommended that the conditions of development consent No.1856/2001 be amended where appropriate to accommodate the above requirements of the Traffic Engineer.

 

2.6.3   Waste Minimisation and Management

 

Council’s Waste Team has made the following comments:

 

"With regards to the amended plans (dated 04/05/09):

 

1.       The additional commercial retail area of 107.27 m2 significantly encroaches on the turning path of the heavy rigid vehicle. This is not acceptable.

 

2.       The revised Waste Management Plan for Use and On-going Management is lacking in detail regarding residential waste management and omits commercial waste. There is insufficient information to assess whether waste facilities and management systems will be adequate for this development.

 

3.       The architect previously advised "The majority of the space designated for vehicular manoeuvrability for trucks to enter and leave the loading bay areas are double height spaces (void spaces with a floor to floor height of 8m; while a small section of this space has a floor to floor height 3m. The entire space required for vehicle manoeuvrability into and out of loading space 2 can be adjusted during the construction stage to ensure a clearance of 4.5m height. This would be achieved by altering the configuration of the fire stair (adjacent to loading 2) and adjusting part of the level of the commercial space on the ground floor above the loading bay. This issue can be resolved by incorporating a condition into the consent for the S96 application." How do the amended plans impact on the clearance height for service vehicles which require a minimum 4.5 metres floor to ceiling height?

 

Since 2001 when the original DA was submitted, there have been major changes in the way waste is managed in high rise residential and mixed use premises. In particular, residential recycling meets 2001 requirements but to meet 2009 requirements the proposal would need a recycling cupboard/facility on every residential floor and a caretaker to move recycling bins to and from each floor and the collection point. A useful source of information on waste management in high rise buildings is the Better Practice Guide for Waste Management in Multi-Unit Dwellings by the Department of Environment and Climate Change ....

 

Note that Council's Garbage Code (referred to in the original DA consent condition No. 81) has been superseded by the Waste Minimisation and Management Development Control Plan...."

 

If the Council is of a mind to approve the amended development, it is recommended that the decision be deferred until such time as the requirements of the Waste Team are satisfied.

 

2.6.4   Solar access

 

The performance criteria of the control element include:

 

"New buildings should not unreasonably obscure sunlight to habitable rooms, solar collectors or open space of adjoining development during the winter months.

 

New buildings should not unreasonably obscure sunlight to pedestrian and public open space areas including parks and recreational facilities during the winter months."

 

The amended plans submitted by the applicant provide simple shadow diagrams for 9:00am, 12 noon and 3:00pm in mid winter.  The information provided in those shadow diagrams does not provide details of the additional shadow cast by the amended development compared to that of the approved development.  As such, it is not possible to provide a definitive assessment of the impact the proposed development will have on the solar access received by existing development in both the Pound Road Precinct and on the eastern side of the Pacific Highway.  From the information provided by the applicant, it would appear that additional impact from shadow will result from the amended development proposal compared to that of the approved development.  It is likely that additional shadow will result from the additional built from above that envisaged by the controls relating to both floor space ratio and height.  To ascertain if any additional shadow will occur to the detriment of the occupants of existing buildings, vertical shadow diagrams should be provided.

 

If the Council is of a mind to approve the proposed amendment, it is recommend that it defer its decision until such time as suitable vertical shadow diagrams have been provided which demonstrate the additional impact of shadow cast by the amended development compared to that of the approved development.

 

2.6.5   Height

 

The DCP does not contain any controls on the height of the development within the control element, however, controls are contained in the Pound Road Precinct Masterplan which provides for a 9 storey building on this site.


 

As discussed in this report, and in the report which considered the approved development, the history of development in the Pound Road Precinct is such that it is considered that the controls which have been consistently applied to other developments in the precinct should also apply to this development.  The Council, when considering the assessment of the approved development, adopted RL 220m as the appropriate height of the topmost ceiling of the residential component of the approved development, thus being consistent with the height control applied to other development in the precinct.

 

The proposed development seeks to significantly exceed that consistently applied control and, as discussed in other sections of this report, there has been no well founded argument provided by the applicant as to why a development of the height proposed is appropriate when compared to that which has been approved by the Council.

 

It is considered that the proposed development is inconsistent with the height control element.

 

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 will have no unacceptable impact on the natural environment.

 

3.2      Built Environment

 

The proposed development will have no impact on the built environment.

 

3.3      Social Impacts

 

There would be no additional social effects resulting from the proposed amendments.

 

3.4      Economic Impacts

 

There are no economic impacts resulting from the proposed amendments.

 

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 the proposed development.

 

5.         PUBLIC PARTICIPATION

 

Section 96(2)(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 22 January 2009 and 5 February 2009, and for a further period between 17 February 2009 and 3 March 2009 in accordance with Council's Notification and Exhibition Development Control Plan.  During this period, Council received 39 submissions, one of which incorporated a petition with 21 signatures.


 

 

 

NOTIFICATION PLAN

 

 

 

•      PROPERTIES NOTIFIED

 

 

 

 

X    SUBMISSIONS

         RECEIVED

 

 


          PROPERTY SUBJECT OF DEVELOPMENT

 

One submission from 14 Pound Road , Hornsby

Two submissions from 107-115 Pacific Highway, Hornsby

Eleven submissions from 4-10 Pound Road, Hornsby

Twelve submissions from 121-133 Pacific Highway, Hornsby  

Thirteen submissions received out of map range

 

Whilst the submissions were comprehensive in nature, the vast majority of the issued raised were issues which related to the generic form of the approved and amended development.  As such, those issues were canvassed by the Council when it considered the original development application.

 

Issues raised which relate to the proposed amendment to the approved development relate to overshadowing, height, bulk and scale all of which have been dealt with in detail in this report.

 

5.2      Public Agencies

 

The development is not Integrated Development under the Act.

 

Notwithstanding, because the site is located adjacent to the rail corridor, RailCorp was consulted and provided information requesting conditions of consent which, if the application is to be approved, must be attached to the conditions of development consent.

 

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 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, while providing for an amended development which will clearly achieve a better urban design outcome when compared to that of the approved development, is considered to be excessive in terms of its height and floor space ratio such that the proposal is not in the public interest.

 

CONCLUSION

 

The proposed development is for modification of an approved mixed commercial and high density multi-unit housing development in the Pound Road Precinct at Hornsby.

 

The proposed amendments will clearly provide for a more appropriate urban design of the development and will provide for an improved amenity for many of the residential units of the development.

 

The proposal is, however, inconsistent with the context, scale and density design principles of State Environmental Planning Policy No.65 - Design Quality of Residential Flat Development, is inconsistent with objective (c) of the Residential D (High Density) Zone and clause 15 of the Hornsby Shire Local Environmental Plan 1994 and, is inconsistent with the waste minimisation and management, solar access and height control elements of the High Density Multi-Unit Housing Development Control Plan.

 

It is recommended that the Council refuse the amendment to development consent No.1586/2001 subject to reasons for refusal detailed in Schedule 1 of this report.

 


 

SCHEDULE 1

 

THAT pursuant to Section 96 of the Environmental Planning and Assessment Act, 1979, Development Consent No. 1586/2001 for modification of an approved mixed commercial and high density multi-unit housing development in the Pound Road Precinct at Hornsby be refused as on the following grounds:

 

1.       The proposed development, with its excessive height and floor space ratio, will be inconsistent with objective (c) of the Residential D (High Density) zone in that it will not  be within the environmental capacity of the Pound Road Precinct.

 

2.       The proposed development will be inconsistent with the context of its setting and hence contrary to the Context Design Principle of State Environmental Planning Policy No.65 - Design Quality of Residential Flat Development.

 

3.       The proposed development will be inconsistent with the scale of existing development in the Pound Road Precinct and hence contrary to the Scale Design Principle of State Environmental Planning Policy No.65 - Design Quality of Residential Flat Development.

 

4.       The proposed development will be inconsistent with the density controls which have been consistently applied by the Council in the Pound Road Precinct and hence contrary to the Density Design Principle of State Environmental Planning Policy No.65 - Design Quality of Residential Flat Development and Clause 15 of the Hornsby Shire Local Environmental Plan 1994.

 

5.       The proposed development will be inconsistent with the height controls which have been consistently applied by the Council in the Pound Road Precinct and hence contrary to the requirements of the High Density Multi-Unit Housing Development Control Plan.

 

6.       The proposed development will be inconsistent with the waste minimisation and management controls of the High Density Multi-Unit Housing Development Control Plan.

 

7.       The proposed development contains insufficient information to allow a considered assessment of the impact the proposed development will have on the amenity of the occupants of existing development by shadow cast by the amended development and hence is contrary to the requirements of the Solar Access Control Element of the High Density Multi-Unit Housing Development Control Plan.

 

- END OF REASONS FOR REFUSAL -

 

 


Hornsby Shire Council

Attachment to Report No. PLN41/09

 

 


Hornsby Shire Council

Attachment to Report No. PLN41/09

 


 


Hornsby Shire Council

Attachment to Report No. PLN41/09

 










  


Hornsby Shire Council

Attachment to Report No. PLN36/09

 

 

 

 

 

 

 

 

 

 

ATTACHMENT/S

 

REPORT NO. PLN36/09

 

ITEM 8

 

1. Subdivision Plan

 

 


Hornsby Shire Council

Attachment to Report No. PLN36/09

 

 


Hornsby Shire Council

Attachment to Report No. PLN37/09

 

 

 

 

 

 

 

 

 

 

ATTACHMENT/S

 

REPORT NO. PLN37/09

 

ITEM 9

 

1. Locality Plan

2. Site Plan

3. Floor Plans

4. Sections

5. Elevations

 

 


Hornsby Shire Council

Attachment to Report No. PLN37/09

 

 


Hornsby Shire Council

Attachment to Report No. PLN37/09

 

 


Hornsby Shire Council

Attachment to Report No. PLN37/09

 


 


Hornsby Shire Council

Attachment to Report No. PLN37/09

 

 


Hornsby Shire Council

Attachment to Report No. PLN37/09

 


  


Hornsby Shire Council

Attachment to Report No. PLN22/09

 

 

 

 

 

 

 

 

 

 

ATTACHMENT/S

 

REPORT NO. PLN22/09

 

ITEM 10

 

1. Summary of Heritage Review Stage 4 Recommendations

 

 


Hornsby Shire Council

Attachment to Report No. PLN22/09

 




















 


Hornsby Shire Council

Attachment to Report No. PLN44/09

 

 

 

 

 

 

 

 

 

 

ATTACHMENT/S

 

REPORT NO. PLN44/09

 

ITEM 12

 

1. SEPP (Exempt and Complying Development Codes) 2008