BUSINESS PAPER

 

General Meeting

 

Wednesday,  17 October, 2012

at 6:30 PM

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Hornsby Shire Council                                                      Agenda and Summary of Recommendations

Page 1

 

TABLE OF CONTENTS

 

AGENDA AND SUMMARY OF RECOMMENDATIONS

Rescission Motions  

ITEMS PASSED BY EXCEPTION / CALL FOR SPEAKERS ON AGENDA ITEMS

GENERAL BUSINESS

General Manager's Division

Nil

Corporate Support Division

Item 1     CS16/12 Election of Deputy Mayor

Item 2     CS15/12 Councillor Representation on Committees, Working Parties and Other Relevant Groups - October 2012 to September 2013

Item 3     CS14/12 Outstanding Council Resolutions - Period Until 31 May 2012

Item 4     CS17/12 Local Government Association - 2012 Annual Conference - Determination of Voting and Non-Voting Delegates

Item 5     CS18/12 Schedule of Council Meetings and Order of Business to Apply at those Meetings - October 2012 to September 2013

Item 6     CS19/12 Delivery Program for 2011-2015 Including the Operational Plan (Budget) for 2011/12 - June 2012 Quarter Review

Item 7     CS20/12 Investments and Borrowings for 2012/13 - Status for Periods Ending 31 July and 31 August 2012

Item 8     CS21/12 General Purpose And Special Purpose Financial Reports - 2011/12 Financial Year

Item 9     CS22/12 Pecuniary Interest and Other Matters Returns - Disclosures by Councillors and Designated Persons

Environment and Human Services Division

Nil

Planning Division

Item 10    PL28/12 Cannan Close Cherrybrook Heritage Conservation Area Review

Item 11    PL24/12 Section 82A Review of Development Application - Demolition of a Tennis Court and Subdivision of One Allotment Into Two Lots
17 Cannan Close Cherrybrook

Item 12    PL20/12 Development Application - Torrens Title Subdivision of an existing Strata Titled Property Comprising Two Detached Dwellings
24 Jubilee Street, Wahroonga

Item 13    PL22/12 Development Application - Affordable Rental Housing Development Comprising 16 Residential Units 64 - 66 The Esplanade, Thornleigh

Item 14    PL23/12 Development Application - Industrial Development Comprising 12 Units, Car Parking and Strata Subdivision 6 - 10 Yatala Road, Mount Kuring-gai

Item 15    PL25/12 Development Application - Medium Density Development Comprising 14 townhouses 2 - 6 Kita Road & 148 Berowra Waters Road, Berowra Heights

Item 16    PL26/12 Development Application - Subdivision - One Allotment Into Two
25 Lyne Road, Cheltenham

Item 17    PL29/12 Development Application - Torrens Title Subdivision One Allotment IntoTwo 146 Galston Road, Hornsby Heights

Item 18    PL33/12 Development Application - Section 96(2) - Erection of an Eleven Storey Mixed Use Eevelopment - 135-137 Pacific Highway and Pound Road Reserve Hornsby  

Infrastructure and Recreation Division

Item 19    IR13/12 Tender T17/2012:  Concreting:  Form and Finish

Item 20    IR15/12 Tender T14/2012 - Provision of Steel Fencing - Schedule of Rates Tender

Item 21    IR17/12 Tender T19/2012: Supply and Lay Asphaltic Concrete

Confidential Items

Item 22    PL31/12 Legal Advice - Development Consent for Affordable Housing Development at Nos. 7, 9 and 11 Hannah Street and Nos. 129 to 131 Copeland Road, Beecroft  

PUBLIC FORUM – NON AGENDA ITEMS

Questions of Which Notice Has Been Given

Mayor's Notes

Item 23    MN10/12 Mayor's Notes from 1 to 31 July 2012

Mayoral Minutes

Notices of Motion     

MATTERS OF URGENCY

SUPPLEMENTARY AGENDA

QUESTIONS WITHOUT NOTICE

 

AGENDA AND SUMMARY OF RECOMMENDATIONS

 

PRESENT

NATIONAL ANTHEM

OPENING PRAYER/S

Reverand John Reid of Thornleigh Community Baptist Church will open the meeting in Prayer

 

Acknowledgement of RELIGIOUS DIVERSITY

Statement by the Chairperson:

 

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

 

ABORIGINAL RECOGNITION

Statement by the Chairperson: 

 

"We acknowledge we are on the traditional lands of the Darug and Guringai Peoples.  We pay our respects to elders past and present."

 

AUDIO RECORDING OF COUNCIL MEETING

Statement by the Chairperson:

 

"I advise all present that tonight's meeting is being audio recorded for the purposes of providing a record of public comment at the meeting, supporting the democratic process, broadening knowledge and participation in community affairs, and demonstrating Council’s commitment to openness and accountability.  The recordings will be made available on Council’s website once the Minutes have been finalised. All speakers are requested to ensure their comments are relevant to the issue at hand and to refrain from making personal comments or criticisms."

 

OATH OF OFFICE

The Mayor to invite all Councillors to read the following Oath of Office:

 

“I_______________, having been elected as a Councillor of the Hornsby Shire Council, do hereby declare that I will duly and faithfully fulfil the duties of the office according to the law and to the best of my judgement and ability”.

APOLOGIES / LEAVE OF ABSENCE

political donations disclosure

Statement by the Chairperson:

 

“In accordance with Section 147 of the Environmental Planning and Assessment Act 1979, any person or organisation who has made a relevant planning application or a submission in respect of a relevant planning application which is on tonight’s agenda, and who has made a reportable political donation or gift to a Councillor or employee of the Council, must make a Political Donations Disclosure Statement.

 

If a Councillor or employee has received a reportable political donation or gift from a person or organisation who has made a relevant planning application or a submission in respect of a relevant planning application which is on tonight’s agenda, they must declare a non-pecuniary conflict of interests to the meeting, disclose the nature of the interest and manage the conflict of interests in accordance with Council’s Code of Conduct.”

presentations

Hornsby Shire Heritage Awards 2012

 

 

Category A is for projects involving the preservation, restoration and conservation of a listed Heritage item.

 

No award is being given this year. Mari Metzke will say a few words on the work Council has completed at Wallarobba Homestead.

 

Category B is for sensitively designed extensions or alterations to a Heritage Item, a building in the vicinity of a Heritage Item, or a building within a Heritage Conservation Area.

 

Winner – Property No. 2-4 Brigadoon Court, Epping - Adaptive re-use and provision of equitable access. Acceptance by:  CEO – Anne Bryce (representing Achieve Australia)

 

Owen Nannelli Memorial Award is awarded to a group or individual who has made an outstanding contribution to the education and promotion of heritage.

 

Winner – Dr Ian Jack Contribution to the Hornsby Shire Council Publishing Committee and providing advice for local history publications to help celebrate Hornsby Council’s Centenary Year. Acceptance by:  Dr Ian Jack

 

Highly Commended – Elizabeth Roberts contribution to the Great North Road Convict Trail Project. Acceptance by:  Mrs Elizabeth Roberts

 

Highly Commended – Beecroft Cheltenham History Group - ongoing contribution to the promotion of the heritage and history of the Beecroft and Cheltenham area. Acceptance by: Rod Best (representing the Beecroft Cheltenham History Group)

declarations of interest

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

 

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

 

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

 

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

 

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

 

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

 

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

 

OR

 

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

 

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

confirmation of minutes

THAT the Minutes of the General Meeting held on 15 August, 2012 be confirmed; a copy having been distributed to all Councillors.

Petitions

Rescission Motions  

ITEMS PASSED BY EXCEPTION / CALL FOR SPEAKERS ON AGENDA ITEMS

Note:     

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

 

Persons wishing to address Council on non agenda matters, are permitted to speak after all items on the agenda in respect of which there is a speaker from the public have been finalised by Council.  Their names will be recorded in the Minutes under the heading "Public Forum for Non Agenda Items".

 

GENERAL BUSINESS

 

·                Items for which there is a Public Forum Speaker

·                Public Forum for non agenda items

·                Balance of General Business items

 

General Manager's Division

Nil

Corporate Support Division

Page Number

Item 1         CS16/12 Election of Deputy Mayor

 

RECOMMENDATION

THAT:

 

1.         Council determine if it wishes to elect a Deputy Mayor.

 

2.         If a Deputy Mayor is to be elected, Council:

 

            a)         Determine the period for which the Deputy Mayor is to be elected;

b)         Determine if the election of the Deputy Mayor is to be by preferential ballot, ordinary ballot or open voting; and

            c)         Request the Returning Officer to conduct the election, using the election method determined in b) above.

 

3.       If a Deputy Mayoral election is held, the ballot papers (if any) be destroyed following the       declaration of the election.

 

Page Number

Item 2         CS15/12 Councillor Representation on Committees, Working Parties and Other Relevant Groups - October 2012 to September 2013

 

RECOMMENDATION

THAT Council review the list of Committees, Working Parties and other relevant groups included in the attachment to Deputy General Manager’s Report No. CS15/12 and determine Councillor representation as appropriate for the period October 2012 to September 2013.

 

Page Number

Item 3         CS14/12 Outstanding Council Resolutions - Period Until 31 May 2012

 

RECOMMENDATION

THAT the contents of Deputy General Manager’s Report No. CS14/12 be received and noted.

 

Page Number

Item 4         CS17/12 Local Government Association - 2012 Annual Conference - Determination of Voting and Non-Voting Delegates

 

RECOMMENDATION

THAT Council determine its voting and non-voting delegates for the 2012 Annual Conference of the Local Government Association Conference to be held in Dubbo from 28 October to 30 October 2012.

 

Page Number

Item 5         CS18/12 Schedule of Council Meetings and Order of Business to Apply at those Meetings - October 2012 to September 2013

 

RECOMMENDATION

THAT Council:

 

1.      Adopt the schedule of ordinary Council meetings for the period October 2012 to September 2013 as set out in Attachment 1 of Deputy General Manager’s Report No. CS18/12.

 

2.      Adopt the order of business for the ordinary Council meetings to be held in the period October 2012 to September 2013 as set out in Attachment 2 of Deputy General Manager’s Report No. CS18/12.

 

Page Number

Item 6         CS19/12 Delivery Program for 2011-2015 including the Operational Plan (Budget) for 2011/12 - June 2012 Quarter Review

 

RECOMMENDATION

THAT the June 2012 Quarter Review of the Delivery Program for 2011-2015, including the Operational Plan (Budget) for 2011/12, be received and noted.

 

Page Number

Item 7         CS20/12 Investments and Borrowings for 2012/13 - Status for Periods Ending 31 July and 31 August 2012

 

RECOMMENDATION

THAT the contents of Deputy General Manager’s Report No. CS20/12 be received and noted.

 

Page Number

Item 8         CS21/12 General Purpose And Special Purpose Financial Reports - 2011/12 Financial Year

 

RECOMMENDATION

THAT:

 

1.       The 2011/12 General Purpose and Special Purpose Financial Reports be received and noted and referred for audit.

 

2.       The Mayor and Deputy Mayor be authorised to sign the Statutory Statements in connection with the 2011/12 Financial Reports.

 

3.       The 2011/12 Financial Reports be authorised for “presentation to the public” on receipt of the Auditor’s Report.

 

4.       The General Manager be delegated authority to fix the date of the General Meeting at which the 2011/12 Financial Reports and Auditor’s Report are formally “presented to the public”.

 

Page Number

Item 9         CS22/12 Pecuniary Interest and Other Matters Returns - Disclosures by Councillors and Designated Persons

 

RECOMMENDATION

THAT Council note the Disclosure of Pecuniary Interests and Other Matters Returns recently lodged with the General Manager have been tabled as required by the Local Government Act.

 

Environment and Human Services Division

Nil

Planning Division

Page Number

Item 10        PL28/12 Cannan Close Cherrybrook Heritage Conservation Area Review

 

RECOMMENDATION

THAT:

 

1.      Council note the recommendations of the heritage assessment report and not pursue the establishment of a Heritage Conservation Area for Cannan Close, Cherrybrook.

 

2.      Submitters and residents of Cannan Close be advised of Council’s resolution.

 

Page Number

Item 11        PL24/12 Section 82A Review of Development Application - Demolition of a Tennis Court and Subdivision of One Allotment into two lots -
17 Cannan Close Cherrybrook

 

RECOMMENDATION

THAT Council assume the concurrence of the Director-General of the Department of Planning and Infrastructure pursuant to State Environmental Planning Policy No. 1 and approve the section 82A review of Development Application No. DA/186/2012 for demolition of a tennis court and subdivision of one allotment into two lots at Lot 1035 DP 812942, No. 17 Cannan Close, Cherrybrook subject to the conditions of consent detailed in Schedule 1 of Group Manager’s Report No. PL24/12.

 

Page Number

Item 12        PL20/12 Development Application - Torrens Title Subdivision of an existing Strata titled property comprising two detached dwellings - 24 Jubilee Street, Wahroonga

 

RECOMMENDATION

THAT Council assume the concurrence of the Director-General of the Department of Planning and Infrastructure pursuant to State Environmental Planning Policy No. 1 – Development Standards and approve Development Application No. 748/2012 for Torrens title subdivision of an existing strata titled property comprising two detached dwellings at CP SP 35661, No. 24 Jubilee Street, Wahroonga subject to the conditions of consent detailed in Schedule 1 of Group Manager’s Report No. PL20/12.

 

Page Number

Item 13        PL22/12 Development Application - Affordable Rental Housing Development Comprising 16 Residential Units - 64 - 66 The Esplanade, Thornleigh

 

RECOMMENDATION

THAT Development Application No. 689/2012 for demolition of existing structures and construction of an affordable rental housing development comprising sixteen units at Lot 6 DP 547340, Nos. 64-66 The Esplanade be approved as a deferred commencement pursuant to Section 80(3) of the Environmental Planning and Assessment Act, 1979 subject to the conditions of consent detailed in Schedule 1 of Group Manager’s Report No. PL22/12.

 

Page Number

Item 14        PL23/12 Development Application - Industrial Development Comprising 12 Units, Car Parking and Strata Subdivision -  6 - 10 Yatala Road, Mount Kuring-Gai

 

RECOMMENDATION

THAT Development Application No. 24/2012 for a two storey industrial development comprising twelve units with car parking and strata subdivision at Lots 425, 426 and 926 DP 752053, Nos. 6-10 Yatala Road Mount Kuring-Gai be approved as a deferred commencement pursuant to Section 80(3) of the Environmental Planning and Assessment Act, 1979 subject to the conditions of consent detailed in Schedule 1 of Group Manager’s Report No. PL23/12.

 

Page Number

Item 15        PL25/12 Development Application - Medium Density development comprising 14 townhouses - 2 - 6 Kita Road & 148 Berowra Waters Road, Berowra Heights

 

RECOMMENDATION

THAT Development Application No. 599/2012 for demolition and construction of a medium density multi-unit housing development comprising 14 two storey townhouses with car parking and strata subdivision at Lot 1, 2, 3, 4 DP 232401, Nos. 2-6 Kita Road and No. 148 Berowra Waters Road, Berowra Heights be approved subject to the conditions of consent detailed in Schedule 1 of Group Manager’s Report No. PL25/12.

 

Page Number

Item 16        PL26/12 Development Application - Subdivision - One Allotment Into Two - 25 Lyne Road, Cheltenham

 

RECOMMENDATION

THAT Council assume the concurrence of the Director-General of the Department of Planning and Infrastructure pursuant to State Environmental Planning Policy No. 1 and approve Development Application No. 177/2012 for Torrens title subdivision of one lot into two lots at Lot 6 DP 26088, No. 25 Lyne Road, Cheltenham subject to the conditions of consent detailed in Schedule 1 of Group Manager’s Report No. PL26/12.

 

Page Number

Item 17        PL29/12 Development Application - Torrens Title Subdivision One Allotment Into Two - 146 Galston Road, Hornsby Heights

 

RECOMMENDATION

THAT Council assume the concurrence of the Director-General of the Department of Planning and Infrastructure pursuant to State Environmental Planning Policy No. 1 and approve Development Application No. 804/2012 for Torrens title subdivision of one allotment into two at Lot 101 DP 1149208, No. 146 Galston Road, Hornsby Heights subject to the conditions of consent detailed in Schedule 1 of Group Manager’s Report No. PL29 /12.

 

Page Number

Item 18        PL33/12 Development Application - Section 96(2) - Erection of an Eleven Storey Mixed Use Eevelopment - 135-137 Pacific Highway and Pound Road Reserve Hornsby

 

RECOMMENDATION

THAT Development Application No. DA/1586/2001/F be approved pursuant to Section 96(2) of the Environmental Planning and Assessment Act, 1979, to modify Development Consent No. 1586/2001 for a mixed use development comprising 144 residential units and one level of retail units with basement car parking at Lots 101 and 102 DP 1173944 Nos. 135 - 137 Pacific Highway and Pound Road Reserve, Hornsby be subject to conditions of consent in Schedule 1 of the independent town planning consultant’s report – ADW Johnson.

 

Infrastructure and Recreation Division

Page Number

Item 19        IR13/12 Tender T17/2012:  Concreting:  Form and Finish

 

RECOMMENDATION

THAT Council accept tenders for Tender No T17/2012: Concreting; Form and Finish, as follows:

 

Work category

First preference

Second preference

Hand Placed Concrete:  Concrete Paving

Foster Civil Contracting Constructions Pty Ltd

Devcon Civil Pty Ltd

Hand Placed Concrete:  Drainage Structures

Devcon Civil Pty Ltd

Foster Civil Contracting Constructions Pty Ltd

Machine Placed Concrete:  Kerb and Guttering and Laybacks

South West Kerbing

 

 

 

 

Page Number

Item 20        IR15/12 Tender T14/2012 - Provision of Steel Fencing - Schedule of Rates Tender

 

RECOMMENDATION

THAT Council accept the tenders from Northern Fencing Pty Ltd, Playsafe Fencing Pty Ltd, Jackson Fencing Pty Ltd and N & J White T/A Arctic Fencing for Tender T14/2012 - Provision of Steel Fencing.

 

Page Number

Item 21        IR17/12 Tender T19/2012: Supply and Lay Asphaltic Concrete

 

RECOMMENDATION

THAT Council accept the tender of Downer EDI Works Pty Ltd for all work under Tender No. T19/2012: Supply and Lay Asphaltic Concrete.

 

Confidential Items

Item 22        PL31/12 Legal Advice - Development Consent for Affordable Housing Development at - Nos. 7, 9 and 11 Hannah Street and Nos. 129 to 131 Copeland Road, Beecroft

 

This report should be dealt with in confidential session, under Section 10A (2) (g) of the Local Government Act, 1993. This report contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

  

PUBLIC FORUM – NON AGENDA ITEMS

Questions of Which Notice Has Been Given

Mayor's Notes

Page Number

Item 23        MN10/12 Mayor's Notes from 1 to 31 July 2012

 

 Mayoral Minutes

Notices of Motion     

SUPPLEMENTARY AGENDA

MATTERS OF URGENCY

QUESTIONS WITHOUT NOTICE

 


  


 

Deputy General Manager's Report No. CS16/12

Corporate Support Division

Date of Meeting: 17/10/2012

 

1        ELECTION OF DEPUTY MAYOR   

 

 

EXECUTIVE SUMMARY

·           In accordance with Section 231 of the Local Government Act, Councillors may elect a person from among their number to be the Deputy Mayor, with the term of such office being either equal to that of the Mayoral term or for a shorter period.

 

·           This Report provides details about the role of a Deputy Mayor and the choices that Council has about the period and method of election to such office.

 

·           If Council decides to elect a Deputy Mayor, it will need to determine the term for which the Deputy Mayor will serve and the method of voting to be used for electing the Deputy Mayor.  It will also need to appoint the General Manager (or his delegate) to conduct the election.

 

 

RECOMMENDATION

THAT:

 

1.         Council determine if it wishes to elect a Deputy Mayor.

 

2.         If a Deputy Mayor is to be elected, Council:

 

            a)         Determine the period for which the Deputy Mayor is to be elected;

b)         Determine if the election of the Deputy Mayor is to be by preferential ballot, ordinary ballot or open voting; and

            c)         Request the Returning Officer to conduct the election, using the election method determined in b) above.

 

3.       If a Deputy Mayoral election is held, the ballot papers (if any) be destroyed following the       declaration of the election.

 


PURPOSE

The purpose of this Report is to provide Council with the opportunity to consider whether or not it wishes to elect a Deputy Mayor.  The Report includes information about the role of the Deputy Mayor and the different methods of voting which can be used to elect a Deputy Mayor.

 

BACKGROUND

In accordance with Section 231 of the Local Government Act, Councillors may elect a person from among their number to be the Deputy Mayor, with such term of office being either equal to that of the Mayoral term or for a shorter period.

 

Prior to the March 2004 Local Government elections, Hornsby Council’s Mayor was elected annually by the Councillors.  It was also the practice to elect a Deputy Mayor whose term of office was the same as for the Mayor.  At the 2004 Local Government elections, the method of electing the Mayor for Hornsby Council changed to be by the residents/ratepayers across the Shire for the term of the elected Council, rather than by the elected Councillors on an annual basis.

 

Although Councillors no longer have the responsibility of electing the Mayor, it is still necessary for Council to decide whether or not to elect a Deputy Mayor and, if so, to determine the period of the term to be served by the Deputy Mayor. 

 

DISCUSSION

The Role of Deputy Mayor

The Deputy Mayor may exercise any function of the Mayor, at the request of the Mayor, if the Mayor is prevented by illness, absence or otherwise from exercising the function, or if there is a casual vacancy in the office of Mayor.  It should be noted that if there was to be a casual vacancy in the office of Mayor, a by-election for the position of Mayor would need to be conducted by the appointed Returning Officer in accordance with a timetable set by Section 292 of the Local Government Act i.e. on a Saturday that falls not later than three months after the vacancy occurs.

 

Period of Election of the Deputy Mayor

Under Section 231 of the Local Government Act, Councillors may elect a Deputy Mayor for the same period as the Mayoral term or for a shorter period.  As Council’s Mayor is popularly elected, the current Mayoral term is until the next local government elections are held in September 2016.  Council may, therefore, determine that a Deputy Mayor be elected for the period until September 2016 or for some shorter period e.g. six months, 12 months, etc.

 

Method of Election

If a Deputy Mayor is to be elected, the method of election is in accordance with Schedule 7 of the Local Government (General) Regulation 2005.  A Councillor may be nominated without notice for election as Deputy Mayor provided the nomination is made in writing by two or more Councillors (one of whom may be the nominee) and the nominee consents to the nomination in writing.  The nomination is to be delivered or sent to the Returning Officer.  A nomination form for a Deputy Mayoral Election is included as an attachment to this Report.

 

If only one Councillor is nominated for election as Deputy Mayor, that Councillor is elected.  If more than one Councillor is nominated, an election shall be held at which the General Manager (or his nominee) is the Returning Officer.  The Council must resolve whether the election is to proceed by preferential ballot, by ordinary ballot or by open voting.  To ensure probity of the election process, the counting of votes where necessary is undertaken in the presence of the Returning Officer and at least one other staff member.

 

It should be noted that any recommendation on the method of election (if any) is dependant to some extent on the number of candidates – see below.

 

Preferential Ballot

Preferential ballot would only normally be used if there are three or more candidates.  Under this system, Councillors indicate their order of preference for all candidates.  If a candidate receives more than half the first preference votes (i.e. an absolute majority), he or she is declared elected.  If no candidate has an absolute majority, the candidate with the lowest number of votes is excluded and his or her preferences are allocated to the other candidates and so on, until one candidate has more than half the votes.  A preference for each candidate standing for election must be indicated on a ballot paper, or the ballot paper will be declared invalid.

 

Ordinary Ballot

Ordinary ballot would normally apply where there are two or more candidates and Council decides to proceed by secret ballot.  If there are only two candidates, the candidate with the higher number of votes is elected.  If the two candidates are tied, the one elected is chosen by lot.  If there are three or more candidates, the candidate with the lowest number of votes is excluded and a fresh vote is taken and so on, until there are only two candidates.  A final vote between the two candidates is then taken and the candidate with the higher number of votes is declared elected.  If at any stage during a count up until two candidates are remaining, there is a tie on the lowest number of votes, the one excluded is chosen by lot.

 

Open Voting

Open voting uses the same system as ordinary ballot, except that voting is by a show of hands or similar means and not by secret ballot.

 

Choosing by Lot

To choose a candidate by lot, the names of the candidates who have equal numbers of votes are written on similar slips of paper by the Returning Officer, folded, so as to prevent the names being seen, mixed and then drawn at random by the Returning Officer.  The candidate whose name is on the drawn slip is chosen.

 

Appointment of Scrutineers and Inspection of Ballot Papers and Progress of Count

Following the Mayoral election held on 14 September, 2000 (which was conducted by preferential ballot) a number of Councillors sought permission to inspect the ballot papers and the progress of the count in respect of that election.  Advice was sought from Abbott Tout Solicitors about the Councillors' requests and also about the ability of the candidates for election to appoint scrutineers.  In summary, that advice was that the candidates were not entitled to appoint scrutineers; an inspection of the ballot papers should not be permitted; the progress of the count should not be revealed; and the ballot papers for the Mayoral and Deputy Mayoral election should be destroyed after the election has been declared.

 

BUDGET

There are no budgetary implications associated with this Report.

 

POLICY

There are no policy implications associated with this Report.

 

CONCLUSION

Council needs to consider the contents of this Report and determine whether or not it wishes to elect a Deputy Mayor.  If it does decide to elect a Deputy Mayor, Council will also need to determine the term of office and method of voting to be used to elect the Deputy Mayor.   It will also need to request the General Manager, or his nominee, to conduct the election.

 

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Manager – Governance and Customer Service – Robyn Abicair, who can be contacted on 9847 6608.

 

 

 

 

 

 

Robyn Abicair

Manager - Governance and Customer Service

Corporate Support Division

 

 

 

 

Gary Bensley

Deputy General Manager

Corporate Support Division

 

 

Attachments:

1.View

Deputy Mayor Nomination Form

 

 

 

 

File Reference:           F2004/07075

Document Number:     D01998723

 


 

Deputy General Manager's Report No. CS15/12

Corporate Support Division

Date of Meeting: 17/10/2012

 

2        COUNCILLOR REPRESENTATION ON COMMITTEES, WORKING PARTIES AND OTHER RELEVANT GROUPS - OCTOBER 2012 TO SEPTEMBER 2013     

 

 

EXECUTIVE SUMMARY

·           Each year, Council reviews the need for Councillor representation on Committees, Working Parties and other relevant groups; and makes a determination about the appointment of Councillors for the ensuing 12 months.

 

·           This Report provides up to date information about each of the 2011/12 Committees, Working Parties and other groups and seeks a Council determination in respect of the appointment of Councillors for the period October 2012 to September 2013.

 

 

RECOMMENDATION

THAT Council review the list of Committees, Working Parties and other relevant groups included in the attachment to Deputy General Manager’s Report No. CS15/12 and determine Councillor representation as appropriate for the period October 2012 to September 2013.

 


PURPOSE

The purpose of this Report is to enable Council to review Councillor representation on Committees, Working Parties and other relevant groups and appoint Councillor representatives, as considered appropriate, for the period October 2012 to September 2013.

 

BACKGROUND

At the 21 September 2011 Ordinary Meeting, Council considered Executive Manager’s Report No. CC47/11 and appointed Councillor representatives to Committees, Working Parties and other relevant groups for the period October 2011 to September 2012.  As that period of appointment has now expired and a new Council has been elected, Council needs to determine relevant Councillor representation for 2012/13.

 

DISCUSSION

The 2011/12 list of Committees, Working Parties and other groups has been reviewed by the relevant Division and is included as an attachment to this Report.  Where appropriate, a comment about the operation of the Committee, Working Party or group and/or whether Councillor representation is still required has been provided by the Divisional Manager.

 

To assist Council in determining Councillor representation for the 2012/13 period, the 2011/12 Councillor representatives on each Committee, Working Party and group are included in the column titled “Councillor Representation 2011/12” and a blank column has been left in respect of “Councillor Representation for 2012/13”. 

 

Northern Sydney Regional Organisation of Councils (NSROC)

Council is a member of NSROC and is entitled to two delegates.  NSROC have written to Council and suggested that, where possible, continuity of some of the previous delegates would ensure a smooth transition and that alternate delegates could be appointed from newly elected Councillors, giving them the opportunity to attend meetings and become fully acquainted with NSROC.

 

The NSROC constitution states that:

 

i)        A member Council will be represented on the Organisation as follows:

          The Mayor and one other Councillor.

 

ii)       A member Council shall, at its first ordinary meeting after the quadrennial election, appoint delegates from the Council membership to the Organisation, one of whom shall be the Mayor.  Each such delegate shall hold office until the appointment of a successor.

 

iii)      The office of delegate shall become vacant if the delegate:

a.       ceases to hold the office as a Councillor;

b.      resigns by letter addressed to the member Council; or

c.       is absent from three (3) consecutive meetings of the Organisation without having obtained leave of absence from the Organisation;

d.       is replaced by the member Council at any time.

 

iv)      Where the office of a delegate becomes vacant, the member Council concerned, at the first convenient ordinary meeting held after such vacancy occurs, should appoint another delegate.

 

v)       Where the Mayor of a Council, is unable to attend a meeting of the Organisation, the Council may only be represented by the Acting Mayor for the purpose of being an alternative delegate.

 

vi)      Where any delegate, not being the Mayor, of a Council is unable to attend a meeting of the Organisation, the Council may be represented by another member of the Council duly appointed for the purpose of being an alternative delegate.’

 

In accordance with the NSROC Constitution, Councillor Russell will become Council’s Mayoral delegate to NSROC, and Council will need to determine one other Councillor as a delegate.  Council may also decide to appoint alternate delegates if it so wishes.  In this regard, it would be appropriate to appoint the Deputy Mayor as Councillor Russell’s alternate, and one or more alternates in respect of the other Councillor delegate.

 

BUDGET

If there are any budgetary implications, they are detailed n the comment column of the attachment to this Report.

 

POLICY

There are no policy implications associated with this Report.

 

CONCLUSION

Council’s consideration of this Report will allow it to determine Councillor representation on relevant Committees, Working Parties and other groups for the period October 2012 to September 2013.

 

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Manager, Governance & Customer Service – Robyn Abicair, who can be contacted on 9847 6608.

 

 

 

 

 

 

Robyn Abicair

Manager - Governance and Customer Service

Corporate Support Division

 

 

 

 

Gary Bensley

Deputy General Manager

Corporate Support Division

 

 

Attachments:

1.View

Councillor Representation on Committees - 2012 - 2013

 

 

 

 

File Reference:           F2004/07056

Document Number:     D01989897


 

Deputy General Manager's Report No. CS14/12

Corporate Support Division

Date of Meeting: 17/10/2012

 

3        OUTSTANDING COUNCIL RESOLUTIONS - PERIOD UNTIL 31 MAY 2012   

 

 

EXECUTIVE SUMMARY

·           Council’s Policy dealing with Council Resolutions requires that a quarterly report be prepared detailing resolutions which have not been substantially implemented within two months of being adopted, and the reason/s why they are not finalised.

 

·           In accordance with the Policy, each Division has carried out a review of any resolutions adopted by Council up until the end of May 2012 which have not been substantially implemented.

 

·           Council should consider the comments provided in the attachment to this Report in respect of each of the outstanding resolutions and determine if any further action is required.

 

 

RECOMMENDATION

THAT the contents of Deputy General Manager’s Report No. CS14/12 be received and noted.

 


PURPOSE

The purpose of this Report is to comply with the Council Resolutions Policy and provide details in respect of resolutions adopted by Council up until the end of May 2012 which have not been substantially implemented.

 

BACKGROUND

Council’s Policy dealing with Council Resolutions requires that a quarterly report be prepared for Council’s consideration detailing resolutions which have not been substantially implemented within two months of being adopted, and the reason/s why they are not finalised.  The reports are generally submitted for Council’s consideration at the General Meetings in March, June, September and December each year.  Due to the recent Council elections, the report that would have been considered in September 2012 has been delayed until the 17 October 2012 General Meeting.

 

DISCUSSION

In accordance with the Council Resolutions Policy, each Division has carried out a review of any resolutions adopted by Council up until the end of May 2012 which have not been substantially implemented.  This has resulted in the attached spreadsheet being prepared which shows a list of outstanding resolutions per Division.  Details are provided about the:

 

·      Report Number and Name

·      Outstanding Resolution

·      Latest Status

·      Comment

 

In preparing Outstanding Council Resolutions reports, Divisional Managers give special consideration to any long outstanding resolutions and, where such resolutions exist, provide comments about whether further action may be unlikely or impractical.  In these cases, Council may wish to determine whether or not the item should be removed from further reporting in the Outstanding Council Resolutions report. 

 

BUDGET

Any budgetary implications are included in the relevant report or in the “Latest Status” column of the attached spreadsheet.

 

POLICY

The preparation of this Report meets the requirements of the Council Resolutions Policy.

 

CONCLUSION

Council should consider the comments provided in the attachment in respect of each of the outstanding resolutions and, if necessary, determine if any further action is required.

 

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Manager Governance and Customer Service – Robyn Abicair, who can be contacted on 9847 6608.

 

 

 

 

 

 

Robyn Abicair

Manager - Governance and Customer Service

Corporate Support Division

 

 

 

 

Gary Bensley

Deputy General Manager

Corporate Support Division

 

 

Attachments:

1.View

Outstanding Council Resolutions - Period to 31 May 2012

 

 

 

 

File Reference:           F2005/00112

Document Number:     D01987755

 


 

Deputy General Manager's Report No. CS17/12

Corporate Support Division

Date of Meeting: 17/10/2012

 

4        LOCAL GOVERNMENT ASSOCIATION - 2012 ANNUAL CONFERENCE - DETERMINATION OF VOTING AND NON-VOTING DELEGATES   

 

 

EXECUTIVE SUMMARY

·           The 2012 Annual Conference of the NSW Local Government Association (LGA) will be held in Dubbo from Sunday 28 October to Tuesday 30 October 2012.

 

·           The Conference provides an opportunity for Council to submit motions for debate and decision by Conference delegates from member local governments across NSW.

 

·           Under the rules of the LGA, Council is entitled to seven voting delegates at the Conference.

 

·           This Report provides further information about the Conference and seeks determination of Council’s voting and non-voting delegates.

 

 

RECOMMENDATION

THAT Council determine its voting and non-voting delegates for the 2012 Annual Conference of the Local Government Association Conference to be held in Dubbo from 28 October to 30 October 2012.

 


PURPOSE

The purpose of this Report is to provide an opportunity for Council to determine its voting and non-voting delegates for the 2012 LGA Annual Conference.

 

BACKGROUND

The LGA holds an Annual Conference at which delegates from member councils, as well as representatives of county councils and associate member councils, meet to discuss and set policy for the coming year and beyond. The 2012 Annual Conference will be held in Dubbo from 28 October to 30 October (see copy of brochure attached).

 

The Conference presents a range of keynote speakers and provides delegates with the opportunity to meet, network and engage with fellow councillors from across the State.  The Conference also provides an opportunity for Council to submit motions for debate and decision by voting delegates.

 

At the 15 August 2012 General Meeting, the previous Council considered Deputy General Manager’s Report No. CS10/12 (copy attached) and adopted a motion for submission to the 2012 Conference.  Due to the pending Council election on 8 September 2012, it was not possible at that time for Council to determine its voting and non-voting delegates for the Conference.

 

DISCUSSION

Voting delegate entitlements for each council at the LGA Annual Conference are determined by population of the council area using Australian Bureau of Statistics figures.  As Hornsby Shire Council's population is greater than 150,000, it is entitled to seven voting delegates.  Other Councillors may, however, attend as non-voting delegates or observers.

 

Although Council has already registered for seven Councillors to attend the Conference, the organisers of the Conference have been advised that the names of those Councillors attending and those who will be Council’s voting delegates will not be formally determined until the 17 October 2012 General Meeting.

 

BUDGET

Funds have been allocated in the 2012/13 budget for attendance at the LGA Annual Conference.

 

POLICY

Attendance at the LGA Annual Conference will be in accordance with the Councillors' Expenses and Facilities Policy.

 

CONCLUSION

Council should consider the contents of this Report and determine the voting and non-voting delegates who will attend the 2012 LGA Annual Conference in Dubbo.

 

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Manager – Governance and Customer Service – Robyn Abicair - who can be contacted on 9847 6608.

 

 

 

 

 

 

Robyn Abicair

Manager - Governance and Customer Service

Corporate Support Division

 

 

 

 

Gary Bensley

Deputy General Manager

Corporate Support Division

 

 

Attachments:

1.View

Deputy General Manager's Report CS10/12

 

 

2.View

LGA Registration Guide

 

 

 

 

File Reference:           F2011/00735

Document Number:     D02000556

 


 

Deputy General Manager's Report No. CS18/12

Corporate Support Division

Date of Meeting: 17/10/2012

 

5        SCHEDULE OF COUNCIL MEETINGS AND ORDER OF BUSINESS TO APPLY AT THOSE MEETINGS - OCTOBER 2012 TO SEPTEMBER 2013   

 

 

EXECUTIVE SUMMARY

·           In accordance with Clauses 5 and 15 of its Code of Meeting Practice, Council annually determines a schedule of meeting dates for the following year and the order of business to apply at those meetings.  Such determinations occur in September each year, generally at the same meeting as when the Deputy Mayor is elected.

 

·           It is proposed that the current meeting schedule of one General Meeting (held on the third Wednesday of each month, except January) and Workshop Meetings (held on other Wednesdays of the month, with appropriate notice, as required); and the current order of business at those Meetings be continued.

 

·           In relation to the above, a draft schedule of meeting dates for the period October 2012 to September 2013, and the proposed order of business to apply at those meetings are attached and are recommended for adoption by Council.

 

 

RECOMMENDATION

THAT Council:

 

1.      Adopt the schedule of ordinary Council meetings for the period October 2012 to September 2013 as set out in Attachment 1 of Deputy General Manager’s Report No. CS18/12.

 

2.      Adopt the order of business for the ordinary Council meetings to be held in the period October 2012 to September 2013 as set out in Attachment 2 of Deputy General Manager’s Report No. CS18/12.

 

 


PURPOSE

The purpose of this Report is to recommend a proposed schedule of ordinary meeting dates, and the order of business to apply at those meetings, for the period October 2012 to September 2013.

 

BACKGROUND

Prior to April 2012, Council’s schedule of meetings provided for at least two formal Council meetings per month, one specifically to consider planning matters (known as a Planning Meeting) and another to consider items other than planning matters (known as an Ordinary Meeting).

 

At the 21 December 2011 Ordinary Meeting, Council considered Executive Manager’s Report No. CC74/11 and agreed to place on public exhibition (as part of the exhibition of a revised Code of Meeting Practice), proposed amendments to the schedule of meetings such that the consideration of all items of business would occur at one monthly meeting, to be referred to as a General Meeting.

 

Following the public exhibition period, Council, at the 21 March 2012 Ordinary Meeting, considered Executive Manager’s Report No. CC9/12 and decided that from April 2012 a General Meeting would be held on the third Wednesday of each month (except January) and Workshop Meetings would be held (as required) on the first, second, fourth an/or fifth Wednesdays of each month (except January).

 

(N.B. In making the decision, it was noted that an average of 6.8 items per month had been considered by Council at Planning Meetings over the 12 month period from April 2011 to March 2012)

 

The practice of holding one General Meeting per month has now been in place for five months. Some relevant statistics about those Meetings are shown below:

 

General Meeting

No. of Items on Final Agenda

No. of Items Withdrawn for Discussion

Duration of Meeting

 

Planning Items

Total Items

 

 

April 2012

3

19

12

2 hours

May 2012

6

18

6

4 hours

June 2012

4

21

6

4.25 hours

July 2012

5

18

8

2.5 hours

August 2012

4

13

4

2 hours

 

These figures appear to support Council’s decision to move to one General Meeting per month. In this regard, it is noted that one less meeting per month provides administrative efficiencies, optimises the use of Councillors’ and staff time and resources, and reduces costs in catering for the pre-meeting dinners, etc.

 

DISCUSSION

In accordance with Clauses 5 and 15 of the Code of Meeting Practice, Council annually determines a schedule of ordinary meeting dates for the following year and the order of business to apply at those meetings.  Such determinations generally occur in September of each year, at the same meeting at which the Deputy Mayor is elected.

 

Section 2(1) of Council’s current Code of Meeting Practice states the following in respect of ordinary meetings:

 

ordinary meetings are meetings of Council, other than extraordinary meetings, held during each year on such regular days and at such regular times as Council may appoint.  They include:

 

General Meetings which are held at 6.30pm on the third Wednesday of each month (excluding January) to consider all relevant matters.

 

Workshop Meetings which are held at 6.30pm on the first, second, fourth and/or fifth Wednesdays of each month as required (excluding January) to consider all relevant matters, especially those where a presentation by Council staff or an external person or organisation is required.

 

It is noted that Informal Briefings of Councillors are also held as required, generally on Wednesdays where a General or Workshop Meeting has not been scheduled.

 

A proposed schedule of General Meeting and Workshop Meeting dates for the period from October 2012 to September 2013 has now been drafted and is attached to this Report.  The draft schedule of Meetings maintains the existing structure of one General Meeting per month which considers both planning and other matters, as well as providing for Workshop meetings and informal Councillor briefings as required.

 

It should be noted that the NSW Local Government Association Conference will be held in Dubbo from 28 to 30 October 2012 and is expected to be attended by at least seven Councillors.  Although the date of 31 October 2012 has been included in the Schedule of Meeting Dates as a potential Workshop Meeting, Council should bear in mind that Councillors will most probably be travelling back from the Conference on that day.

 

A proposed order of business to apply at General and Workshop Meetings, which is consistent with the order of business that worked successfully with the previous Council, is also attached.

 

BUDGET

There are no budgetary implications associated with this Report.

 

POLICY

This Report has been prepared in accordance with the requirements of Council's Code of Meeting Practice and the Local Government Act.

 

CONCLUSION

The monthly meeting schedule and order of business at those meetings have been in place since April 2012 under the previous Council and have worked successfully.  It is proposed that no changes be implemented to either at this stage.  Unless it decides to do so beforehand, Council will again have the opportunity to review the meeting schedule and order of business in September 2013.

 

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Manager, Governance and Customer Service – Robyn Abicair, who can be contacted on 9847 6608.

 

 

 

 

 

 

Robyn Abicair

Manager - Governance and Customer Service

Corporate Support Division

 

 

 

 

Gary Bensley

Deputy General Manager

Corporate Support Division

 

 

Attachments:

1.View

Schedule of Ordinary Council Meetings - October 2012 - September 2013

 

 

2.View

Council Meeting Order of Business - October 2012 - September 2013

 

 

 

 

File Reference:           F2004/07032

Document Number:     D02006831

 


 

Deputy General Manager's Report No. CS19/12

Corporate Support Division

Date of Meeting: 17/10/2012

 

6        DELIVERY PROGRAM FOR 2011-2015 INCLUDING THE OPERATIONAL PLAN (BUDGET) FOR 2011/12 - JUNE 2012 QUARTER REVIEW     

 

 

EXECUTIVE SUMMARY

·           Accountable organisations like Council review their budget and operational performance at least each quarter.  In this regard, the June 2012 Quarter Review of the Delivery Program 2011-2015, including the Operational Plan (Budget) for 2011/12 is attached.

 

·           The 2011/12 Original Budget forecast a surplus at 30 June 2012 of $6K. No net budget changes were made at the September 2011, December 2011 and March 2012 Quarterly Reviews of the Budget. Based on inflows and outflows of funds, the actual result for 2011/12 is a surplus of $40K.

 

·           While the June 2012 Budget Review recommends no net budget changes, a number of material changes and offsets were included in the final result and are detailed in this Report.

 

·           Progress against the adopted Delivery Program 2011-2015 and the operational performance of the organisation has been in line with the service delivery standards adopted by Council.

 

 

RECOMMENDATION

THAT the June 2012 Quarter Review of the Delivery Program for 2011-2015, including the Operational Plan (Budget) for 2011/12, be received and noted.

 


PURPOSE

The purpose of this Report is to present for Council’s consideration the June 2012 Quarter Review of the Delivery Program 2011-2015, including the Operational Plan (Budget) end of year position for 2011/12.

 

BACKGROUND

On 23 March 2011, Council adopted its 2011–2015 Delivery Program which included the 2011/12 Operational Plan and Fees and Charges. The Delivery Program and Operational Plan set out the manner in which Council intends to deliver services and measure performance.

 

In line with Division of Local Government requirements, a Quarterly Budget Review Statement must be submitted for Council’s consideration at the end of each quarter. The Statement must be based on key financial indicators and the estimate of income and expenditure set out in Council’s Operational Plan for the relevant year.

 

DISCUSSION

Attachment 1 to this Report provides comment on the operational performance of Council during 2011/12 whilst Attachment 2 provides the Council’s Quarterly Budget Review Statement.

 

Operational Comment

During 2011/12, Council underwent significant review and change.  The outcome has been a more streamlined organisation and ongoing savings of over $2 million per annum.  Service delivery standards have been maintained and 97% of projects in the 2011/12 Operational Plan have been delivered on time and within budget.  The remaining 3% of projects have been rolled forward to 2012/13.

 

The highlights for 2011/12 included the:

·           Commencement of the Hornsby Aquatic Centre redevelopment

·           Holding of the Bushland Shire Festival in September 2011 - with over 7,000 people attending

·           Inclusion of 761 volunteers in the Bushcare and Nursery program

·           Completion of Stage 2 of the Hornsby Heritage Steps project

·           Appointment of a new General Manager

·           Launch of Council’s web site for mobile devices

·           Completion of the internal and external services reviews – including the identification of savings and the implementation of outcomes

 

It is noted that Attachment 1 includes many more highlights and demonstrates satisfactory operational performance in 2011/12. 

 

Budget Comment

The 2011/12 Original Budget forecast a surplus at 30 June 2012 of $6K. No net budget changes were made at the September 2011, December 2011 and March 2012 Quarterly Reviews of the Budget. Based on inflows and outflows of funds, the actual result for 2011/12 is a surplus of $40K.

 

While the June 2012 Budget Review also recommends no net budget changes, the following material changes and offsets were included in the final result:

·           ($320,839) – Recoupment of Section 94 funds to general funds for capital works previously completed

·           $500,000 – Transfer to Hornsby Aquatic Centre Restricted Asset Account

·           $150,000 – Transfer to Council Office Fit-out Works Restricted Asset Account

 

The liquidity result is satisfactory in maintaining Council’s net financial position and combined with a write-up on the value of Council’s investments of $296K (pre-audit), will see the unrestricted current ratio and net available working funds being at acceptable levels.

 

The Domestic Waste Service operated by Council incurred considerable rises in waste disposal and contractor costs over the 2011/12 financial year. These increases resulted in an approximately $830K shortfall against the income received from the Domestic Waste Charge. This shortfall was covered by general funds in the short term and is to be recouped from Domestic Waste Charges over the next two financial years.

 

The Hornsby Aquatic Centre Redevelopment has commenced 12 months earlier than planned and has resulted in material changes to the original cash-flow developed for this project. It is intended that a revised cash-flow and updated Long Term Financial Plan will be provided to Councillors before the end of this year.

 

BUDGET

This Report provides the June 2012 Quarter Review of the 2011/12 Operational Plan (Budget).

 

POLICY

There are no specific policy implications associated with this Report.

 

CONCLUSION

Council’s consideration of this Report ensures that relevant statutory requirements have been met. The 2011/12 Budget result demonstrates that Council remains in a strong position to deliver local services and facilities in a financially responsible manner.  

 

RESPONSIBLE OFFICER

The officers responsible for preparation of this Report are Julie Williams - Manager, Strategy and Communications and Glen Magus – Chief Financial Officer.  They can be contacted on 9847-6790 and 9847-6635 respectively.

 

 

 

 

 

 

Gary Bensley

Deputy General Manager

Corporate Support Division

 

 

 

 

Scott Phillips

General Manager

General Manager's Division

 

 

 

Attachments:

1.View

June 2012 Quarter Review of the Delivery Program 2011-2015

 

 

2.View

Quarterly Budget Review Statement - June 2012

 

 

 

 

File Reference:           F2010/00575

Document Number:     D02011872

 


 

Deputy General Manager's Report No. CS20/12

Corporate Support Division

Date of Meeting: 17/10/2012

 

7        INVESTMENTS AND BORROWINGS FOR 2012/13 - STATUS FOR PERIODS ENDING 31 JULY AND 31 AUGUST 2012   

 

 

EXECUTIVE SUMMARY

·          Council may invest funds that are not, for the time being, required for any other purpose.  The investments must be in accordance with relevant legislative requirements and Council’s policies. The Chief Financial Officer must report monthly on the details of funds invested.

 

·          This Report provides details of Council’s investment performance for the periods ending 31 July and 31 August 2012.  It indicates that for total investments, the annualised return for July 2012 was 4.84% and for August 2012 was 5.27%.  This compares to the benchmarks of 3.92% and 4.01% respectively for those periods.

 

·          On a financial year to date basis, the performance of the portfolio is 5.05% compared to the benchmark of 3.97%.

 

·          In respect of Council’s borrowings, the weighted average interest rate payable on loans taken out from June 2002 to August 2012, based on the principal balances outstanding, is 6.96%.

 

 

RECOMMENDATION

THAT the contents of Deputy General Manager’s Report No. CS20/12 be received and noted.

 


PURPOSE

The purpose of this Report is to advise Council of funds invested in accordance with Section 625 of the Local Government Act and to provide details as required by Clause 212(1) of the Local Government (General) Regulation 2005 and Council's Investment of Surplus Funds Policy.

 

BACKGROUND

Each month, a report is provided for Council’s consideration which details Council's investments and borrowings and highlights the monthly and year to date performance of the investments.  Initial investments and reallocation of funds are made, where appropriate, after consultation with Council's financial investment adviser and fund managers.

 

DISCUSSION

Council may invest funds which are not, for the time being, required for any other purpose.  Such investment must be in accordance with relevant legislative requirements and Council’s Policies, and the Chief Financial Officer must report monthly to Council on the details of the funds invested.  Council’s investment performance for the periods ending 31 July and 31 August 2012 is detailed in the attached documents and summarised below:

 

·           The At-Call and Term Deposits achieved an annualised return of 5.18% for July 2012 and 5.10% for August 2012.  This compares to a benchmark of 3.50% for both periods.

 

·           The NSW T-Corp Long Term Growth Facility achieved a marked to market, financial year to date annualised return of 22.84% for the period ending 31 August 2012, which compares to the benchmark for the period of 22.73%.  Short term performance is expected to be volatile.  It is noted that this investment was fully redeemed in early September 2012, to capitalise on the yield certainty.

 

·           The Capital Guaranteed Notes achieved annualised return of 0% for both July and August 2012, which compares to benchmarks of 3.50% and 3.58% respectively for those periods.  No interest will be accrued for the remaining life of the securities.

 

·          For total investments, the annualised return for July 2012 was 4.84% and for August 2012 was 5.27%.  This compares to the benchmarks of 3.92% and 4.01% respectively for those periods.

 

·          On a financial year to date basis as at the end of August 2012, the performance of the portfolio is 5.05% compared to the benchmark of 3.97%.

 

In respect of Council borrowings, the weighted average interest rate payable on loans taken out from June 2002 to June 2012, based on the principal balances outstanding, is 6.96%.  The Borrowings Schedules as at 31 July 2012 and 31 August 2012 are attached for Council’s information.

 

CONSULTATION

Appropriate consultation has occurred with Council's financial investment adviser and fund managers.

 

BUDGET

Total year to date investment income for the period ending 31 August 2012 was $338,000.  The budgeted income for the period was $257,000.  Approximately 29% of the total income relates to externally restricted funds and is required to be allocated to those funds.

 

POLICY

All investments have been made in accordance with the Local Government Act, the Local Government (General) Regulation 2005 and Council's Investment of Surplus Funds Policy.

 

CONCLUSION

The investment of Council funds for the periods ending 31 July 2012 and 31 August 2012 is detailed in the documents attached to this Report.  Council’s consideration of the Report and its attachments ensures that the relevant legislative requirements and Council protocols have been met in respect of those investments.

 

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Chief Financial Officer - Glen Magus - who can be contacted on 9847 6635.

 

 

 

 

 

 

Glen Magus

Chief Financial Officer - Financial Services

Corporate Support Division

 

 

 

 

Gary Bensley

Deputy General Manager

Corporate Support Division

 

 

Attachments:

1.View

HSC Investment Portfolio as at 31 July 2012

 

 

2.View

HSC Investment Portfolio as at 31 August 2012

 

 

3.View

HSC Borrowings Schedule as at 31 July 2012

 

 

4.View

HSC Borrowings Schedule as at 31 August 2012

 

 

 

 

File Reference:           F2004/06987

Document Number:     D02015909

 


 

Deputy General Manager's Report No. CS21/12

Corporate Support Division

Date of Meeting: 17/10/2012

 

8        GENERAL PURPOSE AND SPECIAL PURPOSE FINANCIAL REPORTS - 2011/12 FINANCIAL YEAR   

 

 

EXECUTIVE SUMMARY

·           Council’s General Purpose and Special Purpose Financial Reports for the year ended 30 June 2012 (the Financial Reports) have been completed by staff in accordance with the requirements of the Local Government Act, the Local Government Code of Accounting Practice and relevant Accounting Standards and it is recommended that they be referred for audit.

 

·           Following receipt of the Auditor’s Reports, it is anticipated that the Financial Reports and Auditor’s Reports will be "presented to the public" at the 21 November 2012 General Meeting.

 

·           Such action will ensure that the requirements of the Local Government Act have been met.

 

RECOMMENDATION

THAT:

 

1.       The 2011/12 General Purpose and Special Purpose Financial Reports be received and noted and referred for audit.

 

2.       The Mayor and Deputy Mayor be authorised to sign the Statutory Statements in connection with the 2011/12 Financial Reports.

 

3.       The 2011/12 Financial Reports be authorised for “presentation to the public” on receipt of the Auditor’s Report.

 

4.       The General Manager be delegated authority to fix the date of the General Meeting at which the 2011/12 Financial Reports and Auditor’s Report are formally “presented to the public”.

 

 


PURPOSE

The purpose of this Report is to recommend that Council’s 2011/12 Financial Reports be received and noted and referred for audit.

 

BACKGROUND

In accordance with Section 413 of the Local Government Act, Council must prepare a set of Financial Reports for each year, and must refer them for external audit as soon as practicable after the end of that year.

 

DISCUSSION

Council’s Financial Reports for 2011/12 have been completed by staff in accordance with the requirements of the Local Government Act, the Local Government Code of Accounting Practice and relevant Accounting Standards. It is recommended that they be referred to Council’s external auditors for review.  The unaudited Financial Reports (a copy of which has been distributed to Councillors under separate cover) are not for distribution to the public at this stage.  The audited Reports are those that will be made available to the public in accordance with Local Government Act requirements.

 

Council is required to give notice as to the Meeting at which the Financial Reports (including the Auditor's Reports) will be formally "presented to the public".  The proposed date for this Meeting will be set as soon as possible after the Auditor's Reports have been received.  At this stage, it is anticipated that the Reports will be "presented to the public" at the 21 November 2012 General Meeting.  Council's external auditor, Mr Denis Banicevic of PricewaterhouseCoopers, is expected to be available to make a presentation on the Reports at that General Meeting.

 

Following presentation of the Reports to the public, any person may make a submission concerning the Reports within a period of seven days after the General Meeting.

 

BUDGET

There are no budgetary implications associated with this Report.

 

POLICY

The Financial Reports have been compiled in accordance with the Local Government Act, the Local Government (General) Regulation 2005 and the Local Government Code of Accounting Practice issued by the Division of Local Government.

 

CONCLUSION

Council’s referral of the 2011/12 Financial Reports for audit, and ultimately the presentation of the Financial and Auditor’s Report to the public at the 21 November 2012 General Meeting, will ensure that the requirements of the Local Government Act have been met.

 

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Chief Financial Officer – Glen Magus - who can be contacted on 9847 6635.

 

 

 

 

 

 

Glen Magus

Chief Financial Officer - Financial Services

Corporate Support Division

 

 

 

 

Gary Bensley

Deputy General Manager

Corporate Support Division

 

 

Attachments:

There are no attachments for this report.

 

File Reference:           F2012/00446

Document Number:     D02020212

 


 

Deputy General Manager's Report No. CS22/12

Corporate Support Division

Date of Meeting: 17/10/2012

 

9        PECUNIARY INTEREST AND OTHER MATTERS RETURNS - DISCLOSURES BY COUNCILLORS AND DESIGNATED PERSONS   

 

 

EXECUTIVE SUMMARY

·           Section 449 of the Local Government Act (the Act) details the statutory requirements in respect of the lodgement of Disclosure of Pecuniary Interests and Other Matters Return/s by Councillors and Designated Persons.

 

·           Section 450A(2) of the Act requires that Returns lodged under Section 449 are to be tabled at the next available Council meeting.

 

·           In line with Section 450A(2), this Report seeks to table the Return/s recently lodged with the General Manager.

 

 

RECOMMENDATION

THAT Council note the Disclosure of Pecuniary Interests and Other Matters Returns recently lodged with the General Manager have been tabled as required by the Local Government Act.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PURPOSE

The purpose of this Report is to table the Disclosure of Pecuniary Interests and Other Matters Returns lodged by Councillors/Designated Persons who have left, commenced with, or internally transferred to a relevant position within Council; and to table the Disclosure of Pecuniary Interests and Other Matters Returns of all Councillors and Designated Persons which were required to be lodged for the period ending June 2011.

 

BACKGROUND

Section 449(1) of the Act requires a Councillor or Designated Person to complete and lodge with the General Manager a Disclosure of Pecuniary Interests and Other Matters Return within three months after becoming a Councillor or a Designated Person.  Section 449(3) requires a Councillor or Designated Person holding that position at 30 June in any year to complete and lodge with the General Manager a Return within three months after that date.  Section 449(5) states that nothing prevents a Councillor or Designated Person from lodging more than one Return in any year.

 

Section 450A(2) of the Act requires that Returns lodged under Section 449 are to be tabled at a meeting of Council.  Returns lodged under Sections 449(1) and 449(3) are to be tabled at the first meeting held after the last day for lodgement under those Sections; and Returns lodged for any other reason are to be tabled at the first meeting after their lodgement.

 

Council's procedures in respect of the disclosing of interests have been developed to cater for the election/appointment/employment/retirement/resignation/etc of Councillors or Designated Persons.  These procedures:

 

·           Require all Councillors and Designated Persons who hold that position at 30 June in any year to submit Returns to the General Manager by 30 September in that year (i.e. they are lodged under S449(3)).  These Returns are tabled at Council’s October General Meeting for that year.

 

·           Require newly elected Councillors or newly appointed Designated Persons to lodge Returns to the General Manager within three months of their election/appointment (i.e. they are lodged under S449(1)).  These Returns are tabled at the next available General Meeting of Council.

 

·           Require those Councillors or Designated Persons who are leaving Council (because of retirement, resignation, etc) to lodge Returns to the General Manager by their last day with Council.  These Returns are tabled at the next available General Meeting of Council.

 

DISCUSSION

Returns Lodged in Accordance with Sections 449(1) and/or 449(5) of the Act and Council's Procedures

Council last considered the tabling of Disclosure of Pecuniary Interests and Other Matters Returns under these Sections of the Act at the General Meeting held on 15 August 2012 (see Deputy General Manager’s Report No. CS12/12).  Since that time, one additional Return has been lodged with the General Manager and is now tabled as required by the Act. 

 

Date Lodged

Councillor/Designated Person (Position)

Reason for Lodgement

13 July 2012

Traffic Ranger

New appointment

Returns lodged in accordance with Section 449(3) of the Local Government Act

Council last considered the tabling of Disclosure of Pecuniary Interests and Other Matters Returns under Section 449(3) at the Ordinary Meeting held on 19 October 2011.  In preparation for the tabling of this Report, Council’s intranet page dedicated to Pecuniary Interest Declarations was updated to reflect information and advice concerning collection of Pecuniary Interest Declarations for the period ending 30 June 2012.  The page contains general information and simple instructions concerning the annual disclosure process together with links to the Pecuniary Interest Declaration form and the Division of Local Government’s Self Help Guide.

 

During July 2012, advice was sent to Designated Persons and Councillors alerting them to the Intranet page and the necessity for them to complete a form.  During September 2012, a reminder was issued in order to retrieve those forms which had not yet been completed and returned.  On 26 September 2012, a final reminder was issued by the Manager, Governance and Customer Service advising that the final day for lodgement of returns was 30 September 2012. At the time of writing this Report, 29 Disclosures of Pecuniary Interest and Other Matters Returns remain outstanding and have not been submitted to the Governance and Customer Service Branch in accordance with the above requirements.  The Governance and Customer Service Branch has been, and will continue to, take appropriate steps to follow up all outstanding Returns. 

 

All other Pecuniary Interest Declaration Returns lodged with the General Manager under Section 449(3) are now tabled as required by the Local Government Act.  All Returns are held in a Register maintained by Council's Senior Access to Information Officer.

 

BUDGET

There are no budgetary implications associated with this Report.

 

POLICY

There are no policy implications associated with this Report.

 

CONCLUSION

Council’s consideration of this Report satisfies the requirements of the Act regarding the lodgement of Disclosure of Pecuniary Interests and Other Matters Return/s by Councillors and Designated Persons.

 

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Manager, Governance and Customer Service – Ms Robyn Abicair - who can be contacted on 9847 6608.

 

 

 

 

 

 

Robyn Abicair

Manager - Governance and Customer Service

Corporate Support Division

 

 

 

 

Gary Bensley

Deputy General Manager

Corporate Support Division

 

 

Attachments:

There are no attachments for this report.

 

File Reference:           F2012/00606

Document Number:     D02024427

   


 

Group Manager's Report No. PL28/12

Planning Division

Date of Meeting: 17/10/2012

 

10      CANNAN CLOSE CHERRYBROOK HERITAGE CONSERVATION AREA REVIEW   

 

 

EXECUTIVE SUMMARY

·              At its meeting on 16 May 2012, Council resolved to convene a meeting between available Councillors and residents of Cannan Close to outline the process and implications of establishing a heritage conservation area (HCA) to protect Cannan Close, Cherrybrook.

 

·              On 11 July 2012, a meeting was held with residents of Cannan Close.  At the conclusion of the meeting, it was agreed that Council would commission a preliminary heritage review by a consultant and residents were invited to make submissions identifying their position in relation to establishing a HCA to protect Cannan Close. 

 

·              Council subsequently received 7 submissions, including a submission from the Cannan Close and Friends Residents Association supporting the establishment of a HCA and/or the commissioning of a comprehensive heritage assessment report for Cannan Close.

 

·              A heritage assessment has been undertaken by Council’s heritage consultant who advises that, under NSW Heritage Assessment criteria, Cannan Close does not merit listing as a HCA. 

 

 

RECOMMENDATION

THAT:

 

1.      Council note the recommendations of the heritage assessment report and not pursue the establishment of a Heritage Conservation Area for Cannan Close, Cherrybrook.

 

2.      Submitters and residents of Cannan Close be advised of Council’s resolution.

 

 


PURPOSE

The purpose of this report is to evaluate the merits of undertaking a comprehensive heritage review of properties within Cannan Close, Cherrybrook for the purpose of pursuing the establishment of a Heritage Conservation Area.

 

BACKGROUND

At its meeting on 16 May 2012, Council considered Executive Manager’s Report No.30/12 regarding a development application (DA/186/2012) for the subdivision of one allotment into two at No.17 Cannan Close, Cherrybrook.  Council resolved to refuse the development application and undertake the following:

 

2.      The Executive Manager, Planning convene a meeting between available Councillors, representatives from the Cannan Close and Friends Residents Association and residents of Cannan Close to outline the process and implications of establishing a heritage conservation area to protect the heritage and streetscape qualities of Cannan Close, Cherrybrook.

 

3.      A report be prepared for Council’s consideration outlining the outcomes of the meeting.

 

In accordance with Council’s resolution, a meeting was held on 11 July 2012, with residents of Cannan Close regarding the process and implications of establishing a HCA to protect Cannan Close, Cherrybrook. 

 

DISCUSSION

The outcomes of the meeting with residents to discuss the heritage and streetscape qualities of Cannan Close and subsequent submissions received from residents and Council’s heritage consultant are the subject of this report.

 

Cannan Close

Cannan Close comprises 21 allotments.  Cannan Close is an example of a late Twentieth Century subdivision and residential development that was initially part of the Greenway Estate that was established and developed from 1978 onwards by Hooker Rex.  All of the houses in Cannan Close were designed and built by the same company, Binet Homes, in the early 1990s, who continues to offer purpose designed homes in both modern and ‘traditional’ styles. 

 

Meeting with Residents

The meeting on 11 July 2012, was attended by approximately 30 residents, Councillors Berman and Browne and former Councillors Chopra, Martin, McMurdo and Mills.  A presentation (copy attached) on the process and implications of establishing a HCA was provided by Planning Division officers.

 

To provide context to what makes an area a HCA, it was advised that Council’s Heritage DCP states that:

 

“A HCA is a geographical area containing many different elements, which collectively have historical importance.  They usually have a distinct visual unity and character which contributes to a “sense of place.”  For example, the Beecroft/ Cheltenham Heritage Conservation Area has a distinct visual identify as a Federation garden suburb and is based on the boundaries of the Old Field of Mars Common.”

 

Further, the Heritage Act 1977 uses the term “heritage precinct” to mean:

 

“An area which contains one or more buildings, works, relics or places which are items of environmental heritage and which have a character which should be conserved.”

 

Council officers noted that should Council resolve to evaluate the establishment of a HCA for Cannan Close, a comprehensive heritage study would be required in accordance with the assessment criteria under the NSW Heritage Manual.  It was also acknowledged that the listing of the area as a HCA would not prevent development.  However, development would be required to respect the identified qualities of the area.  Where development consent from Council is required for works, a heritage impact statement or heritage assessment would be required to be submitted with the application.  Development applications may be referred to Council’s heritage consultant or the Heritage Advisory Committee as part of the development assessment process.

 

At the conclusion of the meeting, it was agreed that Council would write to all the residents of Cannan Close inviting any comments on pursuing the establishment of a HCA for Cannan Close be provided to Council within 1 month.  It was also agreed that a copy of the presentation and various web links would be sent with the letter to assist residents in forming their views.  Accordingly, Council sent a letter to residents inviting comment by 10 August 2012.

 

Residents were advised that a report outlining the outcomes of the meeting, comments received from residents and a preliminary assessment by Council's Heritage consultant would be presented to Council for its consideration at the next available meeting. 

 

Submissions

Council subsequently received correspondence from 7 property owners advising that they support the establishment of a HCA and/or the commissioning of a comprehensive heritage assessment report for Cannan Close.  One submission was received from a resident outside of the immediate area objecting to the establishment of the HCA.  The map below illustrates the location of landowners who made a submission. 

 

In addition, correspondence was received from the Cannan Close and Friends Residents Association advising that it wrote to each household asking them if they wished to support the establishment of a HCA.  The Association advises that the majority of residents have confirmed their support to continue working with Council to pursue the establishment of a HCA for Cannan Close. 

NOTIFICATION PLAN

 

•       PROPERTIES NOTIFIED

X      SUBMISSIONS

         RECEIVED

1 SUBMISSION RECEIVED OUT OF MAP RANGE

 

Heritage Assessment

In accordance with the undertaking provided at the meeting on 11 July 2012, Council sought a assessment on the likelihood of Cannan Close fulfilling the criteria for listing as a HCA.  The assessment (copy attached) has been provided by Council’s heritage consultant, John Oultram Heritage & Design. 

 

The assessment includes an analysis of the following:

 

·           Historical Development – research into the development of Cannan Close, including information from the Lands Department and Council files;

 

·           Physical Description – an inspection of the street and its environs;

 

·           Discussion of Significance – an analysis of the historical significance, aesthetic significance, social significance, technical/scientific significance, and consideration of comparative developments;

 

·           Assessment of Significance – an assessment of significance using the 7 criteria in the NSW Heritage Manual;

 

·           Heritage Controls – consideration of  existing statutory and non-statutory listings; and

 

·           Conservation Area Assessment – consideration of the State Government’s guide to defining and establishing conservation areas.

 

The assessment of significance using the 7 criteria in the NSW Heritage Manual established by the NSW Heritage Office, is provided below:

 

Criteria

Description

Cannan Close Assessment

Criterion (a)

An item is important in the course, or pattern, of NSW's cultural or natural

history (or the cultural or natural history of the local area)

Cannan Close is an example of a late Twentieth Century subdivision and residential development that was developed from 1978 onwards.

Does not meet the criterion

 

Criterion (b)

An item has strong or special associations with the life or works of a person, or

group of persons, of importance in NSW's cultural or natural history (or the cultural

or natural history of the local area)

 

The place has no particular associations.

Does not meet the criterion

 

Criterion (c)

An item is important in demonstrating aesthetic characteristics and/or a high degree of creative or technical achievement in NSW (or the local area)

 

The area contains a selection of two storey houses in a hybrid Inter War and Federation style that do not demonstrate an important aesthetic movement.

Does not meet the criterion

Criterion (d)

The item has strong or special association with a particular community or cultural

group in NSW (or the local area) for social or spiritual reasons

 

The area has no special associations with any particular group.

Does not meet the criterion

 

Criterion (e)

An item has the potential to yield information that will contribute to an understanding of NSW's cultural or natural history (or the cultural or natural history of the local area)

 

The area has no archaeological potential.

Does not meet the criterion

 

Criterion (f)

An item possesses uncommon, rare or endangered aspects of NSW's cultural or

natural history (or the cultural or natural history of the local area)

 

The area is a typical example of a post 1970’s residential development.

Not Rare.

Does not meet the criterion.

 

Criterion (g)

An item is important in demonstrating the principal characteristics of a class of

NSW's

Cultural or natural places; or

Cultural or natural environments

The area represents a typical, outer Sydney, post 1970’s residential development.

Does not meet the criterion at a State level.

 

(or a class of the local area's:

Cultural or natural places; or

Cultural or natural environments)

The area represents a typical, outer Sydney, post 1970’s residential development.

Does not meet the criterion at a local level.

 

In summary, the assessment notes that the subdivision layout is typical of development in the area and does not demonstrate any particular advancement in planning terms.  There is a general pattern to the houses in terms of scale, form, materials and detail and they are recognisable as being from the same stable of designs.  The houses are larger and have greater articulation than many of the other houses in the area and are of a higher architectural quality.  Though there are similar houses in the surrounding area and in other streets that have a similar development pattern. 

 

The assessment comments that the buildings in Cannan Close are a hybrid form of the Inter War and Federations styles and do not mark a new or aesthetically important typology.  The assessment notes that while the area has a consistent character due to the scale and stylistic uniformity of the houses, it has little aesthetic or historic qualities that would merit it being listed as a conservation area.  The assessment concludes that, having regard to the heritage assessment criteria, Cannan Close does not merit listing as a HCA.

 

CONSULTATION

Preliminary discussions on the Cannan Close HCA were held with Department of Planning and Infrastructure (DP&I) officers during scheduled quarterly meetings as approval is required from the DP&I, in the form of a Gateway Determination, to proceed with the exhibition of a draft HCA listing.

 

DP&I officers advised that it a Heritage Assessment would be required demonstrating that the proposal satisfies the NSW Heritage Assessment Criteria, prior to issuing a Gateway Determination.  Furthermore, if Cannan Close fulfilled at least one of the seven criteria for heritage listing, the heritage assessment should incorporate an analysis of comparative developments demonstrating that Cannan Close was the most appropriate example of its type to list as a HCA.

 

BUDGET

The assessment by Council’s heritage consultant cost $2,600. 

 

POLICY

There are no policy implications associated with this report.

 

CONCLUSION

At its meeting on 16 May 2012, Council resolved to convene a meeting between available Councillors, representatives from the Cannan Close and Friends Residents Association and residents of Cannan Close to outline the process and implications of establishing a HCA to protect the heritage and streetscape qualities of Cannan Close, Cherrybrook.  This meeting was held on 11 July 2012.

 

Although it is acknowledged that there is general support from the residents of Cannan Close for the establishment of a HCA, the area needs to fulfil NSW Heritage Assessment criteria to secure approval from the Department of Planning and Infrastructure (DP&I) in the form of a Gateway Determination to proceed.

 

In accordance with the undertaking provided at the meeting on 11 July 2012, Council sought a heritage assessment on the likelihood of Cannan Close, Cherrybrook fulfilling the criteria for listing as a HCA.  This assessment concludes that, under NSW Heritage Assessment criteria, Cannan Close does not merit listing as a conservation area.

 

It is recommended that Council note the recommendations of the preliminary heritage assessment report and not pursue a HCA at Cannan Close, Cherrybrook.

 

RESPONSIBLE OFFICER

The officer responsible for the preparation of this report is the Acting Manager, Strategic Planning - Jason Rawlin - who can be contacted on 9847-6737.

 

 

 

 

 

James Farrington

Group Manager

Planning Division

 

 

 

Attachments:

1.View

Presentation to Meeting with Residents

 

 

2.View

Proposed Conservation Area at Cannan Close Cherrybrook. Heritage Assessment. John Oultram Heritage & Design. September 2012

 

 

 

 

File Reference:           F2004/07641-03

Document Number:     D02014470

 


 

Planning Report No. PL24/12

Planning Division

Date of Meeting: 17/10/2012

 

11      SECTION 82A REVIEW OF DEVELOPMENT APPLICATION - DEMOLITION OF A TENNIS COURT AND SUBDIVISION OF ONE ALLOTMENT INTO TWO LOTS
17 CANNAN CLOSE CHERRYBROOK
   

 

 

EXECUTIVE SUMMARY

DA No:

DA/186/2012

Description:

Demolition of a tennis court and subdivision of one allotment into two lots

Property:

Lot 1035, DP 812942, No. 17 Cannan Close, Cherrybrook

Applicant:

Mr Alex Du

Owner:

Mrs Suying Chen

Estimated Value:

$7,500

Ward:

B

 

·              At its meeting on 16 May 2012, Council resolved to refuse Development Application No. DA/186/2012 for the demolition of a tennis court and subdivision of one allotment into two lots.

 

·              Pursuant to Section 82A of the Environmental Planning and Assessment Act, 1979 (the Act), a request has been made for Council to review its determination.

 

·              The existing dwelling on proposed Lot A would exceed the maximum 0.4:1 floor space ratio development standard of the Hornsby Shire Local Environmental Plan 1994.  The applicant has made a submission pursuant to State Environmental Planning Policy No. 1 – Development Standards to vary the standard.  The submission is considered well founded and is supported.

 

·              19 submissions have been received in respect of the application.

 

·              It is recommended that Council change the determination and approve the application.

 

RECOMMENDATION

THAT Council assume the concurrence of the Director-General of the Department of Planning and Infrastructure pursuant to State Environmental Planning Policy No. 1 and approve the section 82A review of Development Application No. DA/186/2012 for demolition of a tennis court and subdivision of one allotment into two lots at Lot 1035 DP 812942, No. 17 Cannan Close, Cherrybrook subject to the conditions of consent detailed in Schedule 1 of Group Manager’s Report No. PL24/12.

 

HISTORY OF THE APPLICATION   

 

On 16 May 2012, Council considered Executive Manager’s Report PLN30/12 regarding the subject application and resolved that DA/186/2012 be refused for the following reasons:

 

1.1         Pursuant to Section 79C(1)(a)(i) of the Environmental Planning and Assessment Act 1979, the proposal is unsatisfactory as the State Environmental Planning Policy No. 1 objection relating to non-compliance with the applicable floor space ratio provision is not well founded.

 

1.2       The proposal is unsatisfactory in respect to Section 79C(1)(a)(iii) of the Environmental Planning and Assessment Act 1979, as the proposed subdivision layout is contrary to the objective of the Residential Subdivision DCP to enhance the established character of the area.

 

1.3       Pursuant to the provisions of Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979,  the proposed development would not be in the public interest.

 

1.4       Pursuant to Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979, the proposed subdivision would result in a residual allotment in which the size and shape of private open space is insufficient having regard to the size of the dwelling on the land.

 

1.5       Pursuant to Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979, the proposed subdivision would result in a dwelling that is inconsistent with the established streetscape.

 

On 25 May 2012, the applicant made application for a review of the determination under Section 82A of the Act

 

At the meeting on 16 May 2012, Council also resolved to convene a meeting between available Councillors and residents of Cannan Close to outline the process and implications of establishing a heritage conservation area to protect the heritage and streetscape qualities of Cannan Close.  That meeting was held in July 2012 and is the subject of a separate report to Council.  Notwithstanding the discussion at the meeting, this current Section 82A application is required to be determined on its merits, in the context of the current applicable planning controls.

 

BACKGROUND

 

On 12 May 1989, Council approved DA/608/1988 for residential subdivision of Woodgrove Avenue, Castle Hill creating 41 residential lots, a public reserve dedication and a residue lot.  This subdivision created the lots within Darlington Drive, Cannan Close, and Greywood Street.

 

On 20 June 1990, Council approved DA/74/1989 for subdivision creating 35 residential lots, 2 residue lots and construction of a section of the County Link Road.

 

The subject site comprises of Lot 108 (788m2) of DP 806547 (created under DA/608/1988) and approved Lot 1035 (812m2) created under DA/74/1989.  The Subdivision Certificate subsequently sought consolidated Lot 108 with approved Lot 1035 at the request of the applicant to enhance allotment building platforms.

 

SITE

The site is located on the northern side of Cannan Close at the end of the cul-de-sac and experiences an average gradient of 7% from the front, south-eastern corner to the north-eastern corner.

 

The site is an irregular trapezoidal shaped allotment with curved front boundary of 40 metres and has an area of 1468.5m2

 

An existing two-storey brick dwelling-house is located on the eastern side of the site and a tennis court is located on the western side of the site.  An easement to drain water exists at the north-western corner of the site.

 

The surrounding area is primarily low density residential with two storey dwelling-houses.  The site is approximately 250 metres south of New Line Road.

 

PROPOSAL

The application proposes the demolition of an existing tennis court and the Torrens Title subdivision of one allotment into two lots.

 

Proposed Lot A is a trapezoidal-shaped lot with a curved frontage to Cannan Close, an area of 911.89m2 and an average gradient of 5.7% from the south-eastern corner to the north-western corner.  An existing 466.51sqm two storey brick dwelling-house would be retained on the lot.

 

Proposed Lot B would be positioned in lieu of the existing tennis court to be demolished and have an area of 556.72m2, a 13.11 metre frontage to Cannan Close and an average gradient of 4.1% from the southern boundary to the northern boundary.

 

Six trees exempt under Council’s Tree Preservation Order would be removed to facilitate future development of the newly created allotment.    

 

ASSESSMENT

The development application has been assessed having regard to the ‘Metropolitan Plan for Sydney 2036’, 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).  The following issues have been identified for further consideration.

 

1.         STRATEGIC CONTEXT

 

1.1        Metropolitan Plan for Sydney 2036 and (Draft) North Subregional Strategy

 

The Metropolitan Plan for Sydney 2036 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 2036, 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 its preparation of the Comprehensive LEP by the end of 2012.

 

The Draft North 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.

 

In the preparation of Council’s Housing Strategy, it was acknowledged that there is existing capacity to provide additional dwellings under Council’s existing controls, including through subdivision in low density residential zones.  The development application would be consistent with Council’s Housing Strategy by providing additional housing opportunity to assist in achieving Council’s dwelling target under the Metropolitan Plan.

 

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 regulations”

 

2.1       Hornsby Shire Local Environmental Plan 1994

 

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

 

(a)        to provide for the housing needs of the population of the Hornsby area.

 

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

 

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

 

The proposed development is defined as ‘subdivision’ and ‘demolition’ under the HSLEP and is permissible in the zone with Council’s consent.

 

Clause 14 of the HSLEP prescribes a minimum lot area of 500m2 for subdivision in the Residential A zone.  The proposed subdivision complies with this requirement.

 

Clause 15 of the HSLEP prescribes that the maximum floor space ratio (FSR) of development within Residential A Zones is 0.4:1.  The FSR of the existing dwelling-house on proposed Lot A of 0.51:1 is in non-compliance with the development standard.  The applicant has made a submission to vary the development standard pursuant to State Environmental Planning Policy No. 1 – Development Standards.  Refer to discussion in Section 2.3.  

 

2.2       Draft Comprehensive Hornsby Local Environmental Plan

 

At its meeting on 7 March 2012, Council resolved to endorse the draft Hornsby Local Environmental Plan (DHLEP) for public exhibition.  The draft plan was on exhibition from 5 June to 7 August 2012.  Under the DHLEP, the subject land would be zoned R2 - Low Density Residential and subdivision and demolition would be permissible within the R2 - Low Density Residential zone with Council’s consent.

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

 

The application for review of Council’s determination of DA/186/2012 is made pursuant to Section 82A of the Act. In accordance with the provisions under Section 82A, the applicant may make amendments to the development.  Council is to notify the application and to take into consideration any submissions in carrying out the review.  The notification and assessment of the application are in accordance with Section 82A.

 

The submitted plan is the same as previously submitted to Council.  The application has been notified in accordance with Council’s Notification and Exhibition DCP.

 

The following provides a discussion of the reasons for refusal:

 

Pursuant to Section 79C(1)(a)(i) of the Environmental Planning and Assessment Act 1979, the proposal is unsatisfactory as the State Environmental Planning Policy No. 1 objection relating to non-compliance with the applicable floor space ratio provision is not well founded.

 

Comment:  Clause 15 of the HSLEP prescribes that the maximum floor space ratio (FSR) of development within the Residential A Zones is 0.4:1.

 

Proposed Lot A has an area of 911.86sqm and the subject dwelling-house to be retained on that lot has a gross floor area of 466.51sqm.  Therefore, the FSR on proposed Lot A is 0.51:1 which is a non-compliance with the development standard.  The applicant has made a submission to vary the development standard pursuant to State Environmental Planning Policy No. 1 Development Standards.  This Policy provides flexibility in the application of development standards in circumstances where strict compliance with those standards would, in any particular case, be unreasonable or unnecessary or tend to hinder the attainment of the objectives of the Act.

 

The Land and Environment Court has expressed the view that there are five different ways in which an objection may be well founded and that approval of the objection may be consistent with the aims of the Policy:

 

1.         “the objectives of the standard are achieved notwithstanding non-compliance with the standards;

 

2.         the underlying objective or purpose of the standard is not relevant to the development and therefore compliance is unnecessary;

 

3.         the underlying object of purpose would be defeated or thwarted if compliance was required and therefore compliance is unreasonable;

 

4.         the development standard has been virtually abandoned or destroyed by the Council’s own actions in granting consents departing from the standard and hence compliance with the standard is unnecessary and unreasonable;

 

5.         the zoning of the particular land is unreasonable or inappropriate so that a development standard appropriate for that zoning is also unreasonable and unnecessary as it applies to the land and compliance with the standard would be unreasonable or unnecessary”. 

 

The applicant has submitted a SEPP 1 objection to the floor space ratio (FSR) control, and contends that:

“Albeit the proposed retained dwelling-house’s non-compliance with the 0.4:1 FSR standard, the proposed development is planned and designed to perform favourably in relation to the objectives of the FSR standard.

 

The retained existing dwelling on proposed lots, which relates aptly in proportion to the neighbouring residential properties in the surrounding area of Cherrybrook Precinct, provides a compatible external appearance in height, visual bulk, landscaping, building setbacks, and external elements with the objective of this standard.

 

The proposed subdivision of the land ensures the retained existing dwelling as well as the future development on both allotments have no adverse overlooking to neighbouring residential properties and their private open space areas are adapted to the proposed development with appropriately designed building setbacks, floor plan layouts, subdivision layouts, orientation of the landscape areas, and the placement and sizing of the building envelope.

 

The proposed building envelope and sitting also ensures that good portions of northern solar access are maintained to No. 15 Cannan Close.  Reasonable portions of solar access will be maintained to the window openings and rear outdoor open space area of the adjoining residential property at No. 15 Cannan Close in mid winter.

 

The proposed subdivision development is consistent with the stated zoning objectives under Clause 7 of Part 2 – Zoning Controls of the HSLEP 1994, in that the proposed retained existing dwelling house is compatible in design, bulk and scale with adjoining and nearby residential properties in the Cherrybrook Precinct and the proposed subdivision will provide for a compatible land use.

 

If Council insisted on strict compliance with the maximum floor space ratio development standard, such a decision would hinder the attainment of the objectives of the EP&A Act in that the promotion and co-ordination of the orderly and economic use and development of land would be discouraged as it would prevent the execution of a subdivision and future construction of a dwelling-house.

 

While the proposed subdivision does not comply with the maximum floor space ratio development standard contained in Clause 15 of the Hornsby Shire Local Environmental Plan 1994, it satisfies the stated and essential objectives of the development standard and the broader planning and zoning objectives for the locality.

 

Compliance with the development standard is as a result unnecessary and unreasonable in the circumstances of the case, and granting of the development application on this ground is warranted.”  

 

Point 1 above provides grounds for the SEPP 1 objection.

 

As set out in the HSLEP 1994, the main objectives of the floor space ratio standard are as follows:

 

“To control the intensity and scale of development so that development will be in accordance with the land’s environmental capacity and zone objectives.”

 

The retention of the existing dwelling on proposed Lot A would not alter the site and the intensity of the development on the lotThe scale of the dwelling-house on proposed Lot A in regards to height and visual impact does not adversely impact upon the development in the area.  The site is not constrained by land sensitivity factors and is capable of both the land use and the proposed FSR.

 

In addition, since the preparation of the HSLEP 1994, the State Government has introduced the NSW Housing Code where residents can often build larger dwelling houses than the HSLEP permits as complying development.  The subject site could accommodate a dwelling of 430sqm under the provisions of the NSW Housing Code.  To achieve technical compliance with the numerical floor space controls of the NSW Housing Code, floor space could be removed from the rear of the building which would have no impact on the existing character of the area or alter the existing impacts on neighbouring properties. 

 

In addition, review of the Building Approvals for the adjacent dwelling houses in Cannan Close found that the neighbouring properties also do not comply with the HSLEP 0.4:1 FSR control, with FSRs ranging from 0.43:1 to 0.47:1.

 

Furthermore, as discussed within the Land and Environment Court Planning Principle regarding the relationship of density and residential character in Salanitro-Chafei v Ashfield Council [2005] NSWLEC 36,

 

“The upper level of density that is compatible with the character of typical single-dwelling areas is around 0.5:1.  Higher densities tend to produce urban rather than suburban character.  This is not to say that a building with a higher FSR than 0.5:1 is necessarily inappropriate in a suburban area; only that once 0.5:1 is exceeded, it requires high levels of design skill to make a building fit into its surroundings.”

 

The retention of the existing dwelling on proposed Lot A achieves an FSR in the order of 0.5:1 which is consistent with the Land and Environment Court’s Planning Principles, and is consistent with the zone objectives as it provides for a housing need, is compatible with the low density residential environment and is within the environmental capacity of the area.

 

In conclusion, strict compliance with the floor space ratio for proposed Lot A would not achieve any benefit in respect to the character of the locality.  Accordingly, it would be unreasonable to insist on compliance with the numerical floor space provision in this instance.

 

The proposal is unsatisfactory in respect to Section 79C(1)(a)(iii) of the Environmental Planning and Assessment Act 1979, as the proposed subdivision layout is contrary to the objective of the Residential Subdivision DCP to enhance the established character of the area.

 

Comment:  As discussed within the Land and Environment Court Planning Principle Stockland Development Pty Ltd v Manly Council [2004] NSWLEC 472, the provisions of a DCP must be consistent with the provisions of any relevant local environmental plan.  In this regard, the Objectives of the Residential A (Low Density) Zone include to:

 

“promote a variety of housing types and other land uses compatible with a low density residential environment”

 

Therefore, the key test for Council to consider is whether the subdivision proposal would result in development that is compatible with the local context. Project Venture Developments Pty Ltd v Pittwater Council [2005] NSWLEC 191 provides a planning principle for the compatibility of a proposal with surrounding development.

 

“There are many dictionary definitions of compatible. The most apposite meaning in an urban design context is capable of existing together in harmony. Compatibility is thus different from sameness. It is generally accepted that buildings can exist together in harmony without having the same density, scale or appearance, though as the difference in these attributes increases, harmony is harder to achieve.”

 

Proposed Lots A and B would have a frontages of 27 metres and 13 metres to Cannan Close, respectively.  A number of submissions raise concern that the frontage of Lot B is too narrow as the majority of lots in Cannan Close typically have a width of 20 metres at the building line.  The Residential Subdivision DCP ‘Allotment Design’ element requires that lots be designed to be able to accommodate a building envelope with a minimum dimension of 10 metres and a side setback of 1 metre.  The width of Lot B complies with the DCP’s prescriptive measures for allotment design that has an underlying objective of providing a usable lot with a pleasant streetscape. 

 

The applicant has submitted indicative building envelopes for proposed Lot B.  It is acknowledged that the submitted building envelopes would not restrict any future development to the built form indicated.  However, the building envelopes submitted demonstrate that the proposed new allotment would be capable of accommodating a 2 storey dwelling-house of a bulk and scale commensurate with the bulk and scale of existing low density residential development in the Cherrybrook locality.

 

Pursuant to the provisions of Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979,  the proposed development would not be in the public interest.

 

Comment:  The public interest as referenced in Section 79C of the Act is not confined to the residents of Cannan Close as suggested within a number of submissions.   As discussed in Hooper v Port Stephens Council [2009] NSWLEC 234

 

“…the concept of public interest is multi-faceted.  Whilst there is a public interest in the proper enforcement of public welfare statutes such as planning and environmental laws, there is also a public interest in the reliable and predictable administration of these laws from the perspective of the body tasked to discharge its regulatory functions in accordance with them.”

 

The approval of this application is in the public interest as it is consistent with the objectives of the existing planning controls, including the Residential Subdivision DCP.  Furthermore, the proposal would provide additional housing opportunities with the Shire.

 

Pursuant to Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979, the proposed subdivision would result in a residual allotment in which the size and shape of private open space is insufficient having regard to the size of the dwelling on the land.

 

Comment:  The size and shape of private open space on both lots exceeds the requirements of the Residential Subdivision DCP and the complying development provisions of the NSW Housing Code, as summarised in the table below.  There is no requirement prescribing that this area is to be hard and/or soft landscaping.

 

Private Open Space (rear)

Proposed Minimum

Residential Subdivision DCP Minimum

NSW Housing Code Minimum

Dimension

Area

Dimension

Area

Dimension

Area

Lot A

8-9m

155sqm

5m

120sqm

3m

24sqm

Lot B

11-12m

155sqm

5m

120sqm

3m

24sqm

 

Pursuant to Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979, the proposed subdivision would result in a dwelling that is inconsistent with the established streetscape.

 

Comment:  As previously discussed under Reason for Refusal 2 achieving a development on Proposed Lot B that is compatible with the locality is different to sameness. 

 

The Planning Principle in Project Venture Developments v Pittwater Council [2005] NSWLEC 191 notes that to test whether a proposal is compatible with its context, consideration should be given to the proposal’s physical impacts on surrounding development and whether the proposal’s appearance is in harmony with the buildings around it and the character of the street.  The Principle also notes that reference to architectural style and materials is relevant to special areas such as heritage conservation areas.  The locality is not a heritage conservation area and the application is to be determined on the basis of the current planning controls.  Therefore, in the case of the subject DA, the focus should be on the important contributors to the streetscape which include height, setbacks and landscaped area.

 

It is acknowledged that the 556.7m2 lot size of proposed Lot B would be smaller than other allotments in Cannan Close.  However, proposed Lot B would be a regular rectangular shaped allotment that is not burdened by topographical or environmental constraints.  The width of the lot complies with the prescriptive measures for Allotment Design in the Residential Subdivision DCP.  In this regard, a future dwelling-house could be designed and positioned on the newly created allotment that is compatible with the established built form in terms of height, setbacks, landscaping and private open space while retaining amenity to adjoining properties in respect to privacy and solar access.

 

2.4       State Environmental Planning Policy No. 1 – Development Standards

 

The application has been assessed against the requirements of State Environmental Planning Policy No. 1 – Development Standards (SEPP 1).  See discussion under Reason for Refusal 1.

 

2.5       Sydney Regional Environmental Plan No. 20:  Hawkesbury – Nepean Rivers

 

Sydney Regional Environmental Plan No. 20 aims to protect the environment of the Hawkesbury – Nepean Rivers system by ensuring that the impacts of future land uses are considered in a regional context.

 

The site is located within the catchment of the Hawkesbury – Nepean Rivers.  Part 2 of Sydney Regional Environmental Plan No. 20 contains general planning considerations and strategies, and requires Council to consider the impact of any proposal on water quality, riverine scenic quality, aquaculture, recreation and tourism.

 

Given the location of the site, water quality is the only relevant issue for the assessment of the proposal.  The proposed development would have negligible impacts on the water quality of the catchment area as the density and scale of the additional allotment and dwelling under construction would be consistent with the environmental capacity of the site.

 

2.6       Residential Subdivision DCP

 

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

 

Residential Subdivision Development Control Plan

Control

Proposal

Requirement

Compliance

Site Area

1468.5m2

N/A

N/A

Density

FSR (Lot A)

0.51:1

0.4:1

No

Allotment Size

Lot A

Lot B

 

911.86m2

556.72m2

 

500m2

500m2

 

Yes

Yes

Allotment Layout and Design

Average site gradient

Lot A

Lot B

 

5.7%

4.1%

 

20%

20%

 

Yes

Yes

Lot orientation

Lot A

Lot B

 

N50E

N50E

 

N20oW to N300E or E20oN to E30oS

 

Yes

Yes

Existing Dwelling (Lot A)

Site cover

39%

40%

Yes

Private open space

155m2

120m2

Yes

Private Open Space – Minimum Dimension

 

8m

 

5m

 

Yes

Setbacks

Front (Southern)

Side (Eastern)

Side (Western)

Rear (Northern)

 

9m

1m

3.8m

1m

 

6-9m

1m

1m

3m

 

Existing

Existing

Yes

Existing

Landscaping

46%

45%

Yes

Car Parking

3 Spaces

2 spaces

Yes

Building Envelope* (Lot B)

Building Envelope,

with a minimum dimension of 10 metres

 

212m2

 

 

200m2

 

 

Yes

 

Site cover

38%

40%

Yes

Private open space

155m2

120m2

Yes

Private Open Space – Minimum Dimension

 

11m

 

5m

 

Yes

Setbacks

Front (Southern)

Side (Eastern)

Side (Western)

Rear (Northern)

 

11m

1m

1m

11m

 

6-9m

1m

1m

3m

 

Yes

Yes

Yes

Yes

Landscaping (est)

52%

45%

Yes

Car Parking (est)

2 Spaces

2 spaces

Yes

 

Note* Excluding the envelope area 7.5m wide adjacent to the southern boundary

 

As detailed in the above table, the following matters require further consideration. 

 

2.6.1     Allotment Layout, Design and Setbacks

 

Lot A accommodates an existing dwelling-house.  The retention of the dwelling-house on Lot A would comply with the prescriptive measures in the Residential Subdivision DCP for site coverage, private open space, landscaping and parking.  The existing building setbacks to the southern, eastern and northern boundaries are unaltered.  The building achieves a 3.8 metre setback to the new western boundary, l in excess of the minimum side setback provision.

 

Lot B would be a vacant allotment.  The allotment design element in the Residential Subdivision DCP requires vacant lots to be able to accommodate a building envelope of 200m2 with a minimum dimension of 10 metres that complies with the setback provisions.  The indicative building envelope illustrated on the DA plans has an envelope of 244m2.  However, this incorporates an envelope area at the front of the site that does not comply with the minimum envelope dimension and building setbacks for Cherrybrook.  Proposed Lot B could accommodate a 200m2 indicative building envelope that would be compliant with the prescriptive measures for site coverage, private open space, setbacks, landscaping and parking, as detailed in the above table.  The proposed lot would facilitate development that is consistent with the capacity of the site and the low density residential zone.  There would be an acceptable level of amenity provided in respect to privacy of a future dwelling-house on proposed Lot B and private open space for the future and existing dwelling-house.

 

In this regard, the proposal meets the objectives of the Allotment Layout, Allotment Design and Setback elements and is acceptable.

 

2.6.2     Density

 

The density element in the Residential Subdivision DCP requires lots to have a minimum area of 500m2, and proposed lots containing existing dwellings to have a maximum floor space ratio (FSR) of 0.4:1 and a maximum site coverage of 40%.

 

Proposed Lot A complies with the minimum lot area and maximum site coverage provisions.  However, development on the lot would not comply with the maximum FSR.  The non-compliance with the FSR control is discussed in detail under Reason for Refusal 1 of this report.

 

Proposed Lot B complies with the minimum lot area and is of sufficient size to allow for the sitting of a dwelling and include provisions for private open space, vehicle access and parking and respond to site constraints, as previously discussed at 2.6.1 above.

 

2.6.3     Solar Access

 

The north/south orientation of the allotments would allow the subject and adjoining properties to receive a minimum of 3 hours of sunlight for north facing windows and 4 hours of sunlight for private open space on 22 June (Winter Solstice) as prescribed by the Solar Access element.

 

2.6.4     Private Open Space

 

Submissions have been received raising concerns regarding insufficient private open space for the existing dwelling-house as a result of the proposed subdivision.  As previously discussed under Reason for Refusal 4, the size and shape of private open space on both lots exceeds the requirements of the Residential Subdivision DCP and the complying development provisions of the NSW Housing Code

 

2.6.5     Landscaping

 

Submissions have been received raising concerns that the open space for Lot A would be mostly hard surface area.  The proportion of Lot A that would be built-upon and available for landscaping is summarised in the table below:

 

 

 

 

 

Site Coverage and Landscaping on Lot A

Element

Proposed

Residential Subdivision DCP

Site Coverage

39.0%

max 40%

Landscaping

 

 

Soft Landscaping

29.3%

 

Hard Landscaping

16.6%

 

Total Landscaping

45.9%

min 45%

Driveway

15.1%

 

Total Site

100%

 

 

The Landscaping element in the Residential Subdivision DCP states that “a minimum of 45% of the site should be landscaped, exclusive of building or driveway areas.”  Landscaping is undefined.  Accordingly, the Residential Subdivision DCP includes both soft and hard landscaping within this calculation.  It is not unusual in Cannan Close for properties to have a large proportion of hard landscaping, such as paved outdoor private open space areas.  For example, other sites in the immediate vicinity of this property have soft landscaping in the order of 25-30% of the site area.  Therefore, the percentage of soft landscaping proposed for Lot A would be consistent with other properties in the street.

 

In addition, some of the submissions raised concern that the private open space to the rear of Lot A would be fully paved with no green area.  The subdivision plan proposes to incorporate part of the tennis court into Lot A.  The recommended consent conditions require this area to be turfed.  Therefore, the application would increase the total area of soft landscaping behind the front building line of the existing dwelling.

 

Concerns are also raised in submissions that the loss of trees in the front setback would have a detrimental impact on the streetscape.  There are currently 14 trees in the front setback, of which 8 trees are indigenous and protected by the Council’s Tree Preservation Order.  There is currently no approval sought for the construction of a new driveway or dwelling on Lot B.  However, there is a 5 metre wide setback between the indigenous trees and the western side boundary of Lot B that could accommodate a new driveway.  In addition, if a 9 metre front building line is provided in accordance with the Cherrybrook Precinct DCP, then a new dwelling could be sited more than 4 metres from the indigenous trees.  Accordingly, the majority of the indigenous trees could be maintained.  Notwithstanding this, Council’s tree assessment concludes that none of the 8 indigenous trees are significant and warrant retention.

 

2.6.6     Drainage Control

 

An inter-allotment drainage easement would be required to service the proposed development as the property slopes to the rear.  The applicant has submitted title documents confirming that the subject allotment has the benefit of a drainage easement contained within DP 806547.

 

2.6.7     Section 94 Contributions

 

The applicant would be required to make a payment of a contribution for one additional lot towards the cost of transport and traffic management, library and community facilities, civic improvements, stormwater drainage, bushfire protection and Section 94 administration in accordance with Sections 94, 94B and 94C of the Environmental Planning and Assessment Act 1979 and Hornsby Shire Council’s Development Contributions Plan 2004-2010.  This requirement is addressed as a condition of consent.

 

2.7        Cherrybrook Precinct Development Control Plan

 

The Cherrybrook Precinct DCP provides a detailed planning strategy and guidelines for development within the Cherrybrook Precinct.  The Cherrybrook Masterplan aims to ensure that residential subdivision promotes the garden suburb character of the Cherrybrook Precinct while the Residential Strategy aims to protect residential amenity through setback, height and acoustic requirements.

 

Notwithstanding that the proposed subdivision would result in reduced lot sizes, the lot orientation and allotment shapes remain generally consistent with the subdivision pattern of the Cherrybrook Masterplan. 

 

The objective of the Residential Strategy is:

 

            “To provide for a variety of housing types and other compatible land uses and protection of residential amenity.”

 

The proposed subdivision would create an additional allotment to provide additional housing opportunities.  The proposal is sympathetic to the amenity of future and existing residents in respect to privacy, solar access, and provision of private open space.

 

The Residential Strategy element prescribes that buildings on local roads should be setback 9 metres with a permitted encroachment to 6 metres for a distance equal to 1/3 of the width of the property measured at the building line.  The existing dwelling-house on proposed Lot A complies with this setback control.  Proposed Lot B could accommodate a dwelling-house that complies with these provisions and is compatible with the character of the locality. 

 

3          ENVIRONMENTAL IMPACTS

 

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

 

3.1        Natural Environment

 

There are 14 trees located at the front of proposed Lot B of which 6 are exempt from Council’s Tree Preservation Order.  The removal of the remaining trees would have negligible impacts on the natural environmental as they do not form part of any Ecologically Endangered Community or critical habitat for native fauna.

 

3.2        Built Environment

 

The proposed subdivision is consistent with the pattern of infill development occurring within the surrounding low density residential area.

 

 

3.2.1     Future Development on Lot B

 

Concerns are raised in submissions that the future dwelling-house house on Lot B would not match the existing houses in the street in terms of building width, setback, design and quality.

 

As previously discussed under Reasons for Refusal 2 and 4, achieving a development on Proposed Lot B that is compatible with the locality is different to sameness.  A future dwelling-house could be designed and positioned on the newly created allotment that is compatible with the established built form in terms of height, setbacks, landscaping and private open space while retaining amenity to adjoining properties in respect to privacy and solar access.  The width of the lot complies with the prescriptive measures for Allotment Design in the Residential Subdivision DCP.

 

The recommended consent conditions clarify that the proposed building envelope on Lot B shown on the plan of subdivision is not approved.  Any future application for a dwelling-house on Lot B made pursuant to the provisions of the NSW Housing Code would require a larger front and side setback than indicated on the proposed plans.  Alternatively, a development application would need to be submitted to the Council for a merit assessment.

 

3.2.2     Privacy

 

Submissions have been received raising concerns regarding loss of privacy generated by the removal of trees on proposed Lot B and the erection of a future dwelling-house.

 

The first floor of the existing dwelling-house on proposed Lot A contains bedrooms and a study. There are no living areas that would overlook adjoining properties that would lead to loss of privacy.

 

The design of a dwelling-house on proposed Lot B would be required to have regard for the privacy of adjoining properties under a future development application or complying development proposal.

 

Notwithstanding that the existing trees would provide a level of screening from proposed Lot B to the opposite dwellings on Cannan Close, there is over 24 metres of separation from the front property boundary of the proposed Lot and the habitable areas of the nearest opposite dwelling on Cannan Close.  In this regard, the loss of privacy for properties (opposite) as a result of a future dwelling-house would be negligible. 

 

3.2.3     Increased traffic and removal of on-street parking

 

Concerns are raised in submissions that the development would result in increased traffic and reduce available on-street parking.  The increase in traffic generated by an additional dwelling-house would be minor and is not grounds for refusal.  On-site carparking would be required to be provided for any future dwelling on Lot B.  Furthermore, the design of Lot B allows for the front setback area/driveway to be available for visitor parking. 

 

3.3        Social Impacts

 

The proposal would not result in a social impact.

 

 

 

3.4        Economic Impacts

 

The proposal would have a minor positive impact on the local economy in conjunction with other new low density residential development in the locality by generating an increase in demand for local services.

 

4          SITE SUITABILITY

 

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

 

The subject site has not been identified as bushfire prone, flood prone or environmentally sensitive lands.  The site is considered to be capable of accommodating the proposed development.  The scale of the proposed development is consistent with the capability of the site and is considered acceptable.

 

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 Section 82A Review Application was placed on public exhibition and was notified to adjoining and nearby landowners between 28 May 2012 and 21 June 2012 in accordance with Council’s Notification and Exhibition Development Control Plan.  During this period, Council received 19 submissions.  The map below illustrates the location of those nearby landowners who made a submission that are in close proximity to the development site.

 

 

NOTIFICATION PLAN

 

 

 

•       PROPERTIES NOTIFIED

 

 

 

 

X      SUBMISSIONS

         RECEIVED

 

 


          PROPERTY SUBJECT OF DEVELOPMENT

 

1 SUBMISSION RECEIVED OUT OF MAP RANGE

 

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

 

·              Excessive scale and inadequate landscaping of the existing dwelling on Lot A;

·              Detrimental impacts from a future dwelling-house on Lot B;

·              Increased traffic and removal of on-street parking;

·              A precedent for other subdivisions in Cannan Close; and

·              Property devaluation.

 

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

 

5.1.1     Precedent

 

Concerns are raised that if the subdivision is approved, this would set a precedent for other properties to follow suit which would not be in keeping with the character of the street.

 

The subject site was originally approved to be developed as two lots, pursuant to development consents DA/608/1988 and DA/74/1989.  As these two approved lots were subsequently consolidated, the site has a lot width of 40 metres which is double the typical lot width of 20 metres achieved in the rest of the street.  No other site in the street has a lot size of greater than 1000sqm with a double frontage. 

 

All applications for development, including subdivision are based on their merits, taking into account the applicable planning controls.

 

5.1.2     Devaluation of property

 

Concerns are raised that this development may devalue the homes in the street.  The belief that a development may devalue a property is not within the scope of matters that can be considered in the assessment of a development application under Section 79C of the Act

 

6          PUBLIC INTEREST

 

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

 

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

 

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

 

CONCLUSION

 

The applicant has requested that Council review its decision to refuse DA/1861/2012 for the demolition of a tennis court and subdivision of one allotment into two lots.  The application was not amended.  The applicant’s response to the reasons for refusal included only excerpts from the Council report of 16 May 2012 that recommended approval of the proposal.

 

The existing dwelling on proposed Lot A does not comply with the 0.4:1 floor space ratio development standard of the HSLEP 1994.  Consequently, the application has been supported by a submission under State Environmental Planning Policy No. 1 seeking approval of a variation to this development standard.

 

The proposal generally complies with the requirements of Council’s Residential Subdivision DCP other than the maximum floor space ratio which is acceptable with regard to the well founded SEPP 1 submission.

 

The development complies with the 500sqm development standard under Clause 14 of HSLEP 1994, meets the Residential A zone objectives and is consistent with the objectives of the Metropolitan Plan for Sydney 2036.

 

Twenty seven submissions were received in respect of the original application and nineteen submissions were received in respect of this Section 82A review.

 

It is recommended that Council change the determination and approve the application.

 

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

 

 

 

 

 

 

 

 

 

James Farrington

Group Manager

Planning Division

 

 Attachments:

1.View

Locality Plan

 

 

2.View

Survey Plan

 

 

3.View

Floor Plan

 

 

4.View

Site Analysis

 

 

5.View

Subdivision Plan

 

 

6.View

Landscape Plan

 

 

 

 

File Reference:           DA/186/2012

Document Number:     D02000126


SCHEDULE 1

 

GENERAL CONDITIONS

 

The conditions of consent within this notice of determination have been applied to ensure that the use of the land and/or building is carried out in such a manner that is consistent with the aims and objectives of the relevant legislation, planning instruments and Council policies affecting the land and does not disrupt the amenity of the neighbourhood or impact upon the environment.

 

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

 

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

1.          Approved Plans and Supporting Documentation

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

 

Plan No.

Drawn by

Dated

A001-A006, A100-A102

Greg Pickworth

21.02.2012

2.         Removal of Existing Trees

This development consent only permits the removal of tree(s) numbered 1 to 6 inclusive Cupressus species (Cypress Pine) as identified in red on Plan No. A004 prepared by Greg Pickworth dated 21/2/2012.  The removal of any other trees requires separate approval under Council’s Tree Preservation Order.

3.          Amendment of Plans

The approved plans are to be amended as follows:

 

a.        The proposed building envelope on Lot B as identified on Plan No. A100 prepared by Greg Pickworth dated 21/2/2012 is not approved.

 

REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

4.          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

5.          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, and

 

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.

6.         Erosion and Sediment Control

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

 

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

 

REQUIREMENTS DURING CONSTRUCTION

7.          Construction Work Hours

All work on site (including demolition and earth works) must only occur between  7am and 5pm Monday to Saturday.

 

No work is to be undertaken on Sundays or public holidays.

 

8.          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.

9.          Works near Trees

All required tree protection measures are to be maintained in good condition for the duration of the construction period.

 

All works (including driveways and retaining walls) within 4 metres of any trees required to be retained (whether or not on the subject property, and pursuant to this consent or the Tree Preservation Order), must be carried out under the supervision of an ‘AQF Level 5 Arborist’ and a certificate submitted to the principal certifying authority detailing the method(s) used to preserve the tree(s).

 

Note:  Except as provided above, the applicant is to ensure that no excavation, filling or stockpiling of building materials, parking of vehicles or plant, disposal of cement slurry, waste water or other contaminants is to occur within 4 metres of any tree to be retained.

10.       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.

 

REQUIREMENTS PRIOR TO THE ISSUE OF A SUBDIVISION CERTIFICATE

 

Note:  For the purpose of this consent, a reference to ‘occupation certificate’ shall not be taken to mean an ‘interim occupation certificate’ unless otherwise stated.

11.        Sydney Water – s73 Certificate

A s73 Certificate must be obtained from Sydney Water.

12.        Stormwater Drainage

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

 

a.          Connected directly to the existing interallotment drainage system that drains to Council’s piped drainage system in Darlington Drive.

 

b.          An inter-allotment stormwater drainage system to service the proposed lots with pits being constructed in situ.

 

c.          The roof and stormwater drainage system from the existing dwelling to be connected to the proposed inter-allotment drainage system.

 

Note: A construction certificate shall be obtained prior to the commencement of these works and are to be completed prior to the issue of a subdivision certificate.

13.        Damage to Council Assets

Any damage caused to Council’s assets including the removal, damage, destruction, displacement or defacing of the existing survey marks 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.

14.        Creation of Easements

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

 

a.         An inter-allotment drainage easement(s) over each of the burdened lots.

 

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

15.        Works as Executed Plan

A works-as-executed plan(s) must be prepared by a registered surveyor and submitted to Council for completed interallotment stormwater drainage system works.  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.

16.        Demolition of Existing Tennis Court

The existing tennis court and any structure that traverses the proposed allotment boundary shall be demolished prior to the release of the subdivision certificate.  All disturbed areas shall be reinstated with turf.

17.        Boundary Fencing

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

 

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

18.        s94 Infrastructure Contributions

The payment to Council of a contribution of $20,000 for 1 additional lot towards the cost of infrastructure identified in Council’s Development Contributions Plan 2007-2011.

 

Note: The value of contribution is capped at $20,000 per additional lot in accordance with Ministerial Direction (Section 94E of the Environmental Planning and Assessment Act 1979) issued on 16 September 2010.  In the event that this Direction is repealed or amended, Council will apply the value of the contribution from the date of this consent, adjusted from this date in accordance with the underlying consumer price index for subsequent financial quarters.

 

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

 

- 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 issue of 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 to be issued before occupying any building or commencing the use of the land.

 

Subdivision Certificate Requirements

 

A subdivision certificate application is required to be lodged with Council containing the following information:

 

·              A surveyor’s certificate certifying that all structures within the subject land comply with the development consent in regard to the setbacks from the new boundaries.

 

·              A surveyor’s certificate certifying that all services, drainage lines or access are located wholly within the property boundaries.  Where services encroach over the new boundaries, easements are to be created.

 

·              Certification that the requirements of relevant utility authorities have been met.

 

·              A surveyor’s certificate certifying finished ground levels are in accordance with the approved plans.

 

Note:    Council will not issue a subdivision certificate until all conditions of the development consent have been completed.

 

Fees and Charges – Subdivision

 

All fees payable to Council as part of any construction, compliance or subdivision certificate or inspection associated with the development (including the registration of privately issued certificates) are required to be paid in full prior to the issue of the subdivision certificate.  Any additional Council inspections beyond the scope of any compliance certificate required to verify compliance with the terms of this consent will be charged at the individual inspection rate nominated in Council's Fees and Charges Schedule.

 

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.

 

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.

 

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 3 metres of the approved building envelope without the prior written consent from Council. 

 

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

 

            All distances are determined under Australian Standard AS4970-2009 ”Protection of Trees on Development Sites”.

 

Fines may be imposed for non-compliance with Council’s Tree Preservation Order.

 

Covenants

 

The land upon which the subject building is to be constructed may be affected by restrictive covenants.  Council issues this approval without enquiry as to whether any restrictive covenant affecting the land would be breached by the construction of the building, the subject of this consent.  Applicants must rely on their own enquiries as to whether or not the building breaches any such covenant.

 


 

Planning Report No. PL20/12

Planning Division

Date of Meeting: 17/10/2012

 

12      DEVELOPMENT APPLICATION - TORRENS TITLE SUBDIVISION OF AN EXISTING STRATA TITLED PROPERTY COMPRISING TWO DETACHED DWELLINGS
24 JUBILEE STREET, WAHROONGA
    

 

 

EXECUTIVE SUMMARY

 

DA No:

DA/748/2012

Description:

Torrens title subdivision of an existing strata titled property comprising two detached dwellings.

Property:

CP SP 35661, No. 24 Jubilee Street, Wahroonga

Applicant:

Mrs Heather Christine Phillips

Owner:

Owners Corporation - SP 35661

Estimated Value:

N/A

Ward:

A

 

·           The application proposes the Torrens title subdivision of an existing strata titled property comprising two detached dwellings.

 

·          The proposal does not comply with the Hornsby Shire Local Environmental Plan 1994 with regard to Clause 14 (Density). The applicant has made a submission pursuant to SEPP No. 1 to vary the minimum 500m2 lot size development standard. The submission is considered well founded and is supported.

 

·           The development does not comply with the ‘Setbacks’ element of the Residential Subdivision DCP. This is an existing non-compliance approved by Council and is not proposed to be altered as part of this application. 

 

·           No submissions have been received in respect of the application.

 

·           It is recommended that the application be approved.

RECOMMENDATION

THAT Council assume the concurrence of the Director-General of the Department of Planning and Infrastructure pursuant to State Environmental Planning Policy No. 1 – Development Standards and approve Development Application No. 748/2012 for Torrens title subdivision of an existing strata titled property comprising two detached dwellings at CP SP 35661, No. 24 Jubilee Street, Wahroonga subject to the conditions of consent detailed in Schedule 1 of Group Manager’s Report No. PL20/12.

BACKGROUND

On 20 September 1988, DA/313/1988 was approved for alterations and additions to an existing dwelling and erection of a second dwelling under Sydney Regional Environmental Plan No. 12 – Dual Occupancy (SREP 12).

 

On 21 September 1989, Strata Plan numbered 35661 was approved by Council, resulting in two strata titled allotments.

 

On 17 October 1991, DA/368/1991 was approved for alterations and additions to an existing dwelling approved under the provisions of SREP 12 within Lot 2 of SP 35661.

 

On 1 January 1992, Amendment No. 2 to State Environmental Planning Policy No 25-Residential Allotment Sizes and Dual Occupancy Subdivision (SEPP 25) was gazetted, permitting the subdivision of new and existing dual occupancy developments.

 

In July 1994, the Hornsby Shire Local Environmental Plan 1994 (HSLEP) was gazetted, permitting multi-unit housing at a rate of one dwelling per 350m2 of land area within the Residential A (Low Density) zone.  In accordance with Clause 4(2) of the HSLEP, SEPP 25 and SREP 12 no longer applied to Hornsby Shire.

 

On 15 December 1995, Amendment No. 8 to the HSLEP was gazetted which aimed to preclude subdivision of multi-unit housing developments unless in accordance with the minimum 500m2 allotment size prescribed by the Residential A (Low Density) zone.

 

Although it was possible for the existing dual occupancy development on the site to be subdivided under Torrens title until 1995, the owners of the property did not seek approval for Torrens title subdivision until the lodgement of the current application.

 

SITE

The site is identified as No. 24 Jubilee Street, Wahroonga and is alternatively known as No. 1A Spurgin Street, Wahroonga. The site has a total area of 919m2 and is rectangular in shape, with a frontage of 18.29 metres to Jubilee Street and a secondary frontage of 50.2 metres to Spurgin Street. The site is bounded by Jubilee Street to the west, Spurgin Street to the south and low density residential development to the north and east.  The site experiences a minor slope from Spurgin Street to the northern boundary with an average grade of 1%.

 

The site contains two single storey brick veneer dwellings approved under SREP 12 in 1988. The land was subsequently divided into two strata allotments in 1989.

 

Lot 1 has an area of 472m2 and has frontage to Jubilee Street and secondary frontage to Spurgin Street. The dwelling on Lot 1 comprises three bedrooms and has a gross floor area of 168m2. Vehicular access to Lot 1 is from Spurgin Street and parking for two vehicles is provided within a carport at the rear of the dwelling.

 

Lot 2 has an area of 447m2 and has frontage to Spurgin Street. The dwelling on Lot 2 comprises three bedrooms and has a gross floor area of 146m2. Vehicular access to the site is from Spurgin Street and parking for two vehicles is provided within a double garage.

 

PROPOSAL

The application proposes the Torrens title subdivision of an existing strata titled property comprising two detached dwellings.

 

The proposed lots would be 472m2 and 447m2, known as Lots 1 and 2 respectively. The proposed Torrens title subdivision is consistent with the land allocation for Lots 1 and 2 on Strata Plan 35661.  No alterations to the existing dwellings or any other physical works are proposed as part of this application.

 

ASSESSMENT

The development application has been assessed having regard to the ‘Metropolitan Plan for Sydney 2036’, 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).  The following issues have been identified for further consideration.

 

1.       STRATEGIC CONTEXT

 

1.1      Metropolitan Plan for Sydney 2036 and (Draft) North Subregional Strategy

 

The Metropolitan Plan for Sydney 2036 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 2036, 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 its preparation of the Comprehensive LEP by the end of 2012.

 

The Draft North 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 alter the type of subdivision of an existing residential development.  Accordingly, the proposal is not inconsistent with the draft Strategy.

 

2.         STATUTORY CONTROLS

 

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

 

2.1        Hornsby Shire Local Environmental Plan 1994

 

The subject land is zoned Residential A (Low Density) zone 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.

 

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

 

The proposed development is defined as ‘subdivision’ under the HSLEP and is a permissible land use in the zone with Council’s consent.

 

2.1.1     Clause 14 - Density

 

Clause 14 of the HSLEP prescribes the minimum allotment size within the Residential A (Low Density) zone is 500m2The proposed subdivision would result in allotment sizes that do not comply with the above requirements. Proposed Lot 1 would have an area of 472m2 resulting in a 5.6% variation to the minimum lot size requirement, whilst proposed Lot 2 would have an area of 447m2 resulting in a 10.6% variation to the minimum lot size requirement.

 

The application is supported by a submission pursuant to State Environmental Planning Policy No. 1 to vary the minimum 500m2 allotment size development standard and is discussed in Section 2.3 of this report.

 

2.1.2     Clause 15 - Floor Space Ratio

 

Clause 15 of the HSLEP prescribes the maximum permissible floor space ratio (FSR) for development within the Residential A (Low Density) zone is 0.4:1. The proposal would result in an FSR of 0.36:1 and 0.33:1 for Lot 1 and Lot 2 respectively. The proposal therefore complies with the maximum FSR requirements of the zone.

 

2.1.3     Clause 18 – Heritage

 

Clause 18 of the HSLEP sets out heritage conservation provisions for Hornsby Shire. The site does not include a heritage item and is not located in a Heritage Conservation Area. Therefore, no further assessment in this regard is necessary.

 

2.2        Draft Hornsby Local Environmental Plan

 

Council, at its meeting in March 2012, endorsed the draft Hornsby Local Environmental Plan (HLEP) for public exhibition. The relevant provisions of the draft HLEP that apply to the site are outlined below.

 

2.2.1     Zoning

 

The site would be zoned R2 – Low Density Residential pursuant to the Land Use Table of the draft HLEP. The proposed development is defined as ‘subdivision’ and would be permissible in the zone with Council’s consent.

 

2.2.2     Minimum Lot Size

 

Clause 4.1 of the draft HLEP provides that the size of any lot resulting from a subdivision of land must not be less than the minimum size shown on the Lot Size Map.  In accordance with the Lot Size Map, the minimum allotment size is 500m2. As discussed, the proposal would not comply with minimum 500m2 lot size requirement and is supported by a submission pursuant to SEPP 1.

 

2.3        State Environmental Planning Policy No. 1 - Development Standards

 

The applicant has submitted an objection against Council’s adherence to the minimum 500m2 lot size development standard under Clause 14 of the HSLEP. The proposed lots are 472m2 and 447m2 for Lots 1 and 2 respectively.

 

The application has been assessed against the requirements of SEPP 1.  This Policy provides flexibility in the application of development standards in circumstances where strict compliance with those standards would, in any particular case, be unreasonable or unnecessary or tend to hinder the attainment of the objectives specified section 5(a)(i) and (ii) of the Environmental Planning and Assessment Act.

 

The Land and Environment Court has expressed the view that there are five different ways in which an objection may be well founded and that approval of the objection may be consistent with the aims of the Policy:

 

1.      The objectives of the standard are achieved notwithstanding non-compliance with the standards;

 

2.      The underlying objective or purpose of the standard is not relevant to the development and therefore compliance is unnecessary;

 

3.      The underlying object of purpose would be defeated or thwarted if compliance was required and therefore compliance is unreasonable;

 

4.      The development standard has been virtually abandoned or destroyed by the Council’s own actions in granting consents departing from the standard and hence compliance with the standard is unnecessary and unreasonable;

 

5.      The zoning of the particular land is unreasonable or inappropriate so that a development standard appropriate for that zoning is also unreasonable and unnecessary as it applies to the land and compliance with the standard would be unreasonable or unnecessary.  That is, the particular parcel of land should not have been included in the particular zone.

 

In regard to whether the objection may be well founded, the applicant contends (in summary) that:

 

·          “The conversion of strata title to Torrens title allotments would facilitate the orderly and economic development of the land. The existing lots comprise no common property. Each dwelling comprises separate private open space, separate vehicular access and parking provision. The existing strata title scheme places an unnecessary economic and social burden on the owners and it is considered that Torrens title is more suitable for the configuration of the existing development on the site.

 

·          The dwellings on site were approved by Council and constructed more than 20 years ago. The density of the development was considered appropriate for the low density residential environment at the time of approval. As no physical works are proposed as part of this application, the development would maintain consistency with the low density residential area. The existing development is in harmony with the built environment.

 

·          The conversion from strata to Torrens title is consistent with the objectives of the Residential A (Low Density) zone. The existing development is within the environmental capacity of the site and as no works are proposed as part of this application, the proposal would have no environmental impact. Furthermore, the proposal would have no impact on the streetscape or the amenity of the area.”

 

The matters listed above have been taken into consideration in assessing the merits of the SEPP 1 objection.  The objective of Clause 14 (Density) of the HSLEP is ‘to provide for the development of land that is within the lands environmental capacity and zone objectives’.  Approval of the application for Torrens title subdivision would not alter the intensity or scale of the existing development on the site. As no works are proposed as part of the application, the proposal would not have an environmental impact on the locality.

 

The development complies with the maximum floor space ratio development standard for the zone and Council's previous consent for the dwellings demonstrates Council’s acknowledgement that the overall density of the development is within the lands environmental capacity. The conversion from strata to Torrens title would not alter the impacts of the existing development on the surrounding low density residential environment or the objectives of the zone. In this regard, the objectives of the density standard are achieved notwithstanding non-compliance with the numerical controls within the standard.

 

Strict compliance with the development standard would be unreasonable or unnecessary and would tend to hinder the attainment of the objects specified in section 5(a)(i) and (ii) of the Act. These relevant objectives of the Act are:


"(a)    to encourage:

 

(i)       the proper- management, development and conservation of natural and artificial resources, including agricultural land, natural areas, forests, minerals, water, cities, towns and villages for the purpose of promoting the social and economic welfare of the community and a better environment,

 

(ii)       the promotion and co-ordination of the orderly and economic use and development of land,"

 

The proposed Torrens title subdivision is consistent with the first objective given the two dwellings presently exist on the property no further development is proposed. The proposal accords with the second objective as the proposal would allow the existing dwellings to be on separate titles, thereby adding economic value and versatility to existing housing stock. In this regard, it is considered that a requirement for the development standard to be upheld by preventing Torrens title subdivision of the site would be unreasonable and unnecessary and would hinder the objectives of the Act

 

Based on this assessment, it is considered that the applicant’s SEPP 1 submission is well founded and is supported.

 

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

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

 

No works are proposed as part of this application. The site has been used for residential purposes and is unlikely to be contaminated. No further assessment is considered necessary in this regard.

 

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

 

The site is located within the catchment of the Hawkesbury – Nepean Rivers. Sydney Regional Environmental Plan No. 20 aims to protect the environment of the Hawkesbury – Nepean Rivers system by ensuring that the impacts of future land uses are considered in a regional context.  Part 2 of the Plan contains general planning considerations and strategies, and requires Council to consider the impact of any proposal on water quality, riverine scenic quality, aquaculture, recreation and tourism.

 

No physical works are proposed as part of this application and as result, it is unlikely that the development would have any impact on the water quality of the catchment. The proposal is acceptable with respect to the objectives of the Plan.

 

2.6        Residential Subdivision Development Control Plan

 

The proposed development has been assessed having regard to the relevant performance and prescriptive design requirements within Council’s Residential Subdivision DCP.  The following table sets out the proposal’s compliance with the prescriptive requirements of the Plan:

 

Residential Subdivision Development Control Plan

Control

Proposal

Requirement

Compliance

Lot size

Lot 1

Lot 2

 

472m2

447m2

 

500m2

500m2

 

No

No

FSR

Lot 1

Lot 2

 

0.36:1

0.33:1

 

0.4:1

0.4:1

 

Yes

Yes

Site Cover

Lot 1

Lot 2

 

38%

40%

 

40%

40%

 

Yes

Yes

Private Open Space

Lot 1

Lot 2

 

 

140m2

120m2

 

 

120m2

120m2

 

 

Yes

Yes

Landscaping

Lot 1

Lot 2

 

45%

48%

 

45%

45%

 

Yes

Yes

Setbacks

Lot 1

Front – Spurgin St

Front – Jubilee St

Side  - north

Rear  - east

 

Lot 2

Front – Spurgin St

Side - east

Side - west

Rear - north

 

 

7.6m

1m

1.6m

1m

 

 

4.1m

3.3m

1m

0.9m

 

 

6m

3m

1m

3m

 

 

6m

3m

1m

3m

 

 

 

Yes

No

Yes

No

 

 

No

Yes

Yes

No

 

As detailed in the above table, the proposed development complies with the prescriptive requirements within Council’s Residential Subdivision DCP apart from the minimum lot size requirements and setbacks.  The matters of non-compliance are detailed below, as well as a brief discussion on compliance with relevant performance requirements.

 

2.6.1     Lot Size

 

The proposal’s non-compliance with the minimum 500m2 lot size requirement has been addressed in Section 2.3 of this report.  Although the proposal would not satisfy the minimum lot size requirement, the proposal would maintain a low density residential environment and would provide for lot sizes that satisfy user requirements. The proposal is consistent with the objective of the ‘Density’ element and is acceptable in this regard.

 

2.6.2     Setbacks

 

The existing dwellings do not comply with minimum setback requirements prescribed by the Residential Subdivision DCP. The non-compliance is a result of the approval of the dwelling houses under SREP No.12 in 1988 and a subsequent application approved for extensions to the dwelling on Lot 2 in 1991. The setbacks of the dwellings would not be altered by the proposed subdivision. The existing setback encroachments are in the form of low scale single storey development and do not have an unreasonable impact on the locality.

 

2.6.3     Private Open Space   

 

The application does not propose any change to the approved areas of private open space (POS) for each dwelling. The primary area of POS for Lot 1 is located in the front yard of the site which is bounded by a 1.5 metre high lapped and capped timber fence. The Residential Subdivision DCP prescribes that POS is acceptable in the front yards of dwellings where a 1.8 metre high fence is in character with the streetscape. The area of POS and the 1.5 metre high boundary fence for Lot 1 were approved by Council in 1988.  Although a 1.8 metre high fence is not provided, the existing 1.5 metre high fence is considered acceptable to provide a reasonable level of privacy for the open space to meet user requirements.

 

2.6.4     Accessway Design

 

The application does not propose any change to the existing vehicular access and parking arrangements for each dwelling. A paved vehicular crossing provides access from Spurgin Street to Lot 1. The existing vehicular crossing from Spurgin Street to Lot 2 is unsealed and does not conform to Council standards.

 

The applicant submits that a requirement for a concrete vehicular crossing to be constructed to Lot 2 would be costly, unsightly and would attract skateboarders. The applicant submits that the existing landscaped crossing is sufficient and a requirement for a concrete crossing would be unreasonable.

 

Consideration was given to vehicular access requirements as part of the original consent issued for the dwellings under DA/313/1988. Condition No. 4 of the consent was applied as follows:

 

‘In order to provide suitable means of entrance to and exit from the property it will be necessary to provide a concrete vehicular crossing to Council’s specifications’.

 

Given that a requirement was applied to the original consent for the construction of a vehicular crossing and this was not completed, it is considered reasonable that a requirement for the vehicular crossing to be upgraded be applied to the current consent. Subject to fulfilment of conditions, the proposed subdivision is acceptable with respect to the ‘Accessway Design’ element of the Residential Subdivision DCP

 

2.7        Car Parking Development Control Plan

 

Two car spaces are required for each dwelling in accordance with the Car Parking DCP.  Each dwelling provides two car spaces in accordance with Council’s requirements.

 

2.8        Section 94 Contributions

 

The payment of a contribution towards local infrastructure was not applied as a condition of consent for the approval of a second dwelling under SREP 12. The proposed conversion from strata to Torrens title subdivision would not intensify the existing approved development on the site and would not increase the demand for local services. In this regard, it is considered unwarranted that Section 94 contributions apply to the current proposal. 

 

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 proposal does not involve any physical works and therefore, would not have an adverse impact on the natural environment. 

3.2        Built Environment

 

The proposed Torrens title subdivision would not alter the approved built form of the development. The density and scale of the development is within the environmental capacity of the site and is acceptable with respect to the built environment.

 

3.3        Social and Economic Impacts

 

The proposal would not have a significant social or economic impact. The proposed conversion of strata to Torrens title subdivision would provide for orderly economic development of the land.

 

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 not identified as flood prone land or subject to bushfire risk. No physical works are proposed as part of this application. 

 

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 9 August 2012 and 30 August 2012 in accordance with Council’s Notification and Exhibition Development Control Plan.  During this period, Council received no submissions. 

 

5.2        Public Agencies

 

The application was not required to be referred to any public agencies.

 

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 proposal requires variation of the minimum 500m2 lot size development standard. The applicant’s submitted objection to the standard is considered well founded and is supported. On balance, it is considered that the approval of the proposed subdivision would be in the public interest.

 

CONCLUSION

 

The application proposes the Torrens title subdivision of an existing strata titled property comprising two detached dwellings.

 

The proposal does not comply with the 500m2 minimum lot size development standard under the HSLEP. The applicant has made a submission pursuant to SEPP Policy No. 1 – Development Standards to vary the standard. The submission is considered well founded and is supported.

 

The development does not comply with the ‘Setbacks’ element of the Residential Subdivision DCP. This is an existing non compliance approved under REP12 and is not proposed to be altered as part of this application. 

 

No submissions were received in respect of the application.

 

Having regard to the circumstances of the case, approval of the application is recommended.

 

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

 

 

 

 

 

 

 

Rod Pickles

Manager - Development Assessment

Planning Division

 

 

 

 

James Farrington

Group Manager

Planning Division

 

 

Attachments:

1.View

Locality Map

 

 

2.View

Site Plan

 

 

 

 

File Reference:           DA/748/2012

Document Number:     D01997558

 


SCHEDULE 1

 

GENERAL CONDITIONS

 

The conditions of consent within this notice of determination have been applied to ensure that the use of the land and/or building is carried out in such a manner that is consistent with the aims and objectives of the relevant legislation, planning instruments and Council policies affecting the land and does not disrupt the amenity of the neighbourhood or impact upon the environment.

 

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

 

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

1.          Approved Plans and Supporting Documentation

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

 

Plan No./Title

Drawn by

Dated

Conversion from strata to Torrens title based on variation of lot size rule.

Unknown

24/07/2012

 

REQUIREMENTS PRIOR TO THE ISSUE OF A SUBDIVISION CERTIFICATE

 

Note: For the purpose of this consent, a reference to ‘occupation certificate’ shall not be taken to mean an ‘interim occupation certificate’ unless otherwise stated.

2.         Sydney Water – s73 Certificate

A s73 Certificate must be obtained from Sydney Water.

3.         Vehicular Crossing

A separate application under the Local Government Act, 1993 and the Roads Act, 1993 must be submitted to Council for the installation of a new vehicular crossing and the removal of the redundant crossing.  The vehicular crossing must be constructed in accordance with Council’s Civil Works Design, 2005 and the following requirements:

 

a.         Any redundant crossings to be replaced with integral kerb and gutter.

 

b.         The footway area to be restored by turfing.

 

c.         The driveway grade from the street gutter to the garage must not exceed 25 percent and changes in grade must not exceed 8 percent.

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.

4.         Creation of Easements

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

 

a.         An inter-allotment drainage easement(s) over each of the burdened lots.

 

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

 

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:

 

·          The issue of 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 to be issued before occupying any building or commencing the use of the land.

 

Tree Preservation Order

 

To ensure the maintenance and protection of the existing natural environment, it is an offence to ringbark, cut down, top, lop, remove, wilfully injure or destroy a tree outside 3 metres of the approved building envelope without the prior written consent from Council. 

 

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

 

All distances are determined under Australian Standard AS4970-2009 ”Protection of Trees on Development Sites”.

 

Fines may be imposed for non-compliance with Council’s Tree Preservation Order.

 

Subdivision Certificate Requirements

 

A subdivision certificate application is required to be lodged with Council containing the following information:

 

·          A surveyor’s certificate certifying that all structures within the subject land comply with the development consent in regard to the setbacks from the new boundaries.

 

·          A surveyor’s certificate certifying that all services, drainage lines or access are located wholly within the property boundaries.  Where services encroach over the new boundaries, easements are to be created.

 

·          Certification that the requirements of relevant utility authorities have been met.

 

·          A surveyor’s certificate certifying finished ground levels are in accordance with the approved plans.

 

Note: Council will not issue a subdivision certificate until all conditions of the development consent have been completed.

 

Fees and Charges – Subdivision

 

All fees payable to Council as part of any construction, compliance or subdivision certificate or inspection associated with the development (including the registration of privately issued certificates) are required to be paid in full prior to the issue of the subdivision certificate.  Any additional Council inspections beyond the scope of any compliance certificate required to verify compliance with the terms of this consent will be charged at the individual inspection rate nominated in Council's Fees and Charges Schedule.

 

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.

 

 


 

Planning Report No. PL22/12

Planning Division

Date of Meeting: 17/10/2012

 

13      DEVELOPMENT APPLICATION - AFFORDABLE RENTAL HOUSING DEVELOPMENT COMPRISING 16 RESIDENTIAL UNITS 64 - 66 THE ESPLANADE, THORNLEIGH   

 

 

EXECUTIVE SUMMARY

DA No:

DA/689/2012

Description:

Demolition of the existing dwelling house and construction of an affordable rental housing development comprising sixteen units with associated car parking.

Property:

Lot 6 DP 547340, Nos. 64-66 The Esplanade, Thornleigh

Applicant:

Silicon Park Pty Ltd

Owner:

Silicon Park Pty Ltd

Estimated Value:

$ 2.7 million

Ward:

C

 

·              The application proposes the demolition of the existing dwelling-house and construction of an affordable rental housing development comprising sixteen residential units with associated car parking.

 

·              The proposal complies with the development standards contained within State Environmental Housing Policy (Affordable Rental Housing) 2009.

 

·              Two submissions have been received in respect of the application.

 

·              It is recommended that the application be approved as a deferred commencement requiring the registration and creation of an easement to drain water from the site over No. 23 Janet Avenue prior to the consent being operative.

 

 

RECOMMENDATION

THAT Development Application No. 689/2012 for demolition of existing structures and construction of an affordable rental housing development comprising sixteen units at Lot 6 DP 547340, Nos. 64-66 The Esplanade be approved as a deferred commencement pursuant to Section 80(3) of the Environmental Planning and Assessment Act, 1979 subject to the conditions of consent detailed in Schedule 1 of Group Manager’s Report No. PL22/12.

 


SITE

 

The site is located on the  western side of The Esplanade and has an area of 2370 m2.  The site falls towards the rear with a slope of 6.3% and accommodates a single storey dwelling-house and garage.

 

A number of trees are located within the property and along the side boundaries.

 

The site is located opposite Thornleigh Station commuter car park and is within 200 metres of the entrance to the station. The adjoining site on the northern side accommodates a medium density development comprising townhouses. The surrounding development to the south and west comprise low density residences. A Council reserve is located at the north-western corner of the site.

 

PROPOSAL

The application proposes the demolition of the existing structures and construction of an affordable rental housing development comprising 16 units.

 

The proposed development includes four blocks of townhouses. Each block would be two storeys in height and would comprise four attached units in two levels. A total of 14 x 2-bedroom units and 2 x 1-bedroom units are proposed. The size of the units would vary between 71 m2 and 78 m2.

 

The gross floor area of the complex would be 1206.47 m2.

 

All units would be oriented east-west with private open space areas extending from the living areas. The upper floor units would have access from the ground floor via separate stairs.

 

Access to the site would be provided from The Esplanade via a central driveway. An open car park is proposed between the front and rear blocks accommodating 17 car parking spaces. The front setback area of the site is proposed to be landscaped and would include four car spaces and a garbage enclosure.  The communal open space and communal drying area are proposed to be located at the rear of the site.

 

ASSESSMENT

The development application has been assessed having regard to the ‘Metropolitan Plan for Sydney 2036’, 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).  The following issues have been identified for further consideration.

 

1.         STRATEGIC CONTEXT

 

1.1        Metropolitan Plan for Sydney 2036 and (Draft) North Subregional Strategy

 

The Metropolitan Plan for Sydney 2036 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 2036; 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 its preparation of the Comprehensive LEP by the end of 2012.

 

The Draft North 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 sixteen dwellings, improving housing choice and contributing towards improved housing affordability 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 regulations”.

 

2.1       Hornsby Shire Local Environmental Plan 1994

 

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

 

(a)     to provide for the housing needs of the population of the Hornsby area.

 

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

 

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

 

The compliance of the development with the zone objectives must be read in the context of the aims of State Environmental Planning Policy (Affordable Rental Housing) 2009.  An assessment of the application against the Policy is held at section 2.3 of this report.

 

The proposed development is defined as ‘multi-unit housing’ under the HSLEP and is permissible in the zone with Council’s consent.

 

Clause 15 of the HSLEP prescribes that the maximum floor space ratio (FSR) of development within the Residential A zone is 0.4:1. The proposal exceeds this requirement and relies on the provisions of State Environmental Planning Policy (Affordable Rental Housing) 2009 which permits a bonus floor space ratio of 0.64:1 for the proposed development.  The issue is discussed further in Section 2.3.2 of this report.

 

Clause 18 of the HSLEP sets out heritage conservation provisions for Hornsby Shire.  The site is not located in a heritage conservation area and does not accommodate a heritage listed item. No further assessment in this regard is necessary.

 

2.2       Draft Hornsby Local Environmental Plan

 

At its meeting on 7 March 2012, Council resolved to endorse the draft Hornsby Local Environmental Plan (DHLEP) for public exhibition.  Under the DHLEP, the subject land would be zoned R2 - Low Density Residential. “Multi-dwelling housing” would be a prohibited use in the zone under the DHLEP. Therefore, the development in its current form would be prohibited in the zone after the gazettal of the DHLEP.

 

2.3.1     State Environmental Planning Policy (Affordable Rental Housing) 2009

 

The application has been assessed against the requirements of State Environmental Planning Policy (Affordable Rental Housing) 2009 (AHSEPP). This Policy provides State-wide planning controls for the delivery of affordable rental housing through planning incentives to increase rental housing close to business centres and transport nodes, and to expand the role of non-profit housing providers. A brief discussion on the compliance of the proposal with the various development controls and best practice standards within the AHSEPP is provided below.

 

2.3.1     Clause 10 – Development to which this division applies

Clause 10 states that:

(1)        This Division applies to development for the purposes of dual occupancies, multi dwelling housing or residential flat buildings if:

 

(a)      the development concerned is permitted with consent under another environmental planning instrument, and

 

(b)      the development is on land that does not contain a heritage item that is identified in an environmental planning instrument, or an interim heritage order or on the State Heritage Register under the Heritage Act 1977.

 

(2)        Despite subclause (1), this Division does not apply to development on land in the Sydney region unless all or part of the development is within an accessible area.

 

The proposed development is located in a zone which permits “multi-unit housing” developments. The site does not accommodate a heritage item listed in Schedule D of the HSLEP. Accordingly, the proposal is a permissible use in the Residential A – Low Density zone subject to Council’s consent.

 

The AHSEPP defines “accessible area” as follows:

 

“accessible area means land that is within:

 

(a)      800 metres walking distance of a public entrance to a railway station or a wharf from which a Sydney Ferries ferry service operates, or

 

(b)     400 metres walking distance of a public entrance to a light rail station or, in the case of a light rail station with no entrance, 400 metres walking distance of a platform of the light rail station, or

 

(c)     400 metres walking distance of a bus stop used by a regular bus service (within the meaning of the Passenger Transport Act 1990) that has at least one bus per hour servicing the bus stop between 06.00 and 21.00 each day from Monday to Friday (both days inclusive) and between 08.00 and 18.00 on each Saturday and Sunday.”

 

The site is located within 200 metres of the entrance to Thornleigh Railway Station and Bus Interchange. Accordingly, the site is categorised as an accessible area and therefore, this form of development is permissible on the site.

 

2.3.2     Clause 13 - Floor space ratios

 

Clause 13 states that:

 

(1)     This clause applies to development to which this Division applies if the percentage of the gross floor area of the development that is to be used for the purposes of affordable housing is at least 20 per cent.

 

The development proposes 24% of the units as affordable rental housing.  Therefore, Clause 13 applies.

 

(2)     The maximum floor space ratio for the development to which this clause applies is the existing maximum floor space ratio for any form of residential accommodation permitted on the land on which the development is to occur, plus:

 

(a)       if the existing maximum floor space ratio is 2.5:1 or less:

 

(i)      0.5:1—if the percentage of the gross floor area of the development that is used for affordable housing is 50 per cent or higher, or

 

(ii)      Y:1—if the percentage of the gross floor area of the development that is used for affordable housing is less than 50 per cent, where:

 

AH is the percentage of the gross floor area of the development that is used for affordable housing.

Y = AH ÷ 100

 

Clause 12(2)(a)(ii) applies to the development as the permissible floor space ratio within the Residential A zone is 0.4:1 and the percentage of affordable housing proposed is less than 50%.

 

In accordance with this Clause, the permissible floor space ratio (FSR) for the proposed development is.64:1 (0.4:1 + 0.24:1 as the bonus FSR). The development proposes a floor space ratio of 0.5:1 and complies with this requirement.

 

2.3.3     Clause 14 – Standards that cannot be used to refuse consent

 

The following table sets out the compliance of the proposal with the development standards within Clause 14 of the AHSEPP:

 

Control

Proposal

Requirement

Compliance

Site Area

3647m2

450m2

Yes

Landscaped Area

30%

30%

Yes

Deep Soil

15%

15%

Yes

Min dimension of deep soil zone

5m

3m

Yes

Solar Access

75%

70%

Yes

Car parking

17 spaces

15 spaces

Yes

Dwelling Size

2 bd

 

1bd

 

> 70m2

 

>70m2

 

Min 70m2

 

Min 50m2

 

Yes

 

Yes

 

As indicated in the above table, the proposal complies with the requirements of the AHSEPP. The units include sufficiently sized private open space areas for outdoor recreation and also a communal open space area. The balconies and ground floor courtyards have been orientated to maximise solar access to the living areas of 75% of the dwellings.

 

The site layout provides one parking space per dwelling and one additional space for a visitor as there is no on-street parking availability in front of the site. The location of the parking spaces would not have any adverse amenity impacts on the residents or the surrounding properties.

 

2.3.4     Clause 15 – Design Requirements

 

The AHSEPP applies design criteria for low rise and high rise developments. For the subject site, the Seniors Living Policy: Urban Design Guidelines for Infill Development is to be taken into consideration. Below is a discussion on compliance with the design principles and best practice standards within the Urban Design Guidelines for Infill Development.

 

2.3.4.1  Responding to Context

 

The immediate locality is characterised by a mix of single and two storey residential developments, a medium density development and a multi-level commuter car park on the opposite side of the road. There is no strong architectural character prevalent in the locality.

 

The proposed development provides a contemporary architectural form and includes a mix of materials and finishes.  The development maintains the existing building alignment along the eastern front of the site. The proposal introduces a new built form and style of housing but would maintain the existing pattern of buildings in the streetscape.  

 

The development makes good use of internal and external spaces and incorporates sustainable building practices. Accordingly, it is considered that the development appropriately responds to the context.

 

2.3.4.2  Site Planning and Design

 

The objectives of the best practice standards are to provide a high level of amenity to the new dwellings and minimise impact on the neighbourhood character.  The site is of uniform shape and is situated on the lower side of the street. It does not include any significant constraints to the development other than the proposed stormwater easement via a private property at the rear. The site planning incorporates the following:

 

·          The proposed dwellings are orientated to maximise solar access to the private open space areas and living areas. The proposed dwelling design would achieve a high level of energy efficiency and amenity.

 

·          The design of the development is contemporary, however incorporates a pitched roof form which is dominant in the locality. The side elevations have been articulated to avoid long walls without any break. The front elevations would include solid and void areas to achieve an articulated façade.

 

·          A central accessway provides a shared pedestrian and vehicular access to the proposed blocks of units. The dwellings at the front would have independent pedestrian access from the driveway. The site plan does not indicate the entryway to Unit 5 located on the ground floor. A condition of consent is recommended to amend the site plan by incorporating a pedestrian pathway providing access to this unit.

 

·          The private open spaces for the ground floor units would not front the street. The proposed landscaped setback would act as a screen between the development and the road.

 

·          The site includes a large well designed communal open space area at the rear suitable to cater for future residents.

 

·          The garbage enclosure at the front has been screened from the main driveway and the street by landscaping.

 

·          The guidelines encourage provision of mid-block deep soil zones acting as communal open space. The shape of the site and the provision of open car parking would restrict the location of the deep soil zone at the centre of the site. The proposal incorporates a central driveway and dominant paved areas in the middle of the site. However, given that provision of the car spaces is a requirement of the AHSEPP and the proposal includes satisfactory car parking within the site, the outcome is considered reasonable for the site. Notwithstanding this, the site plan does achieve appropriate separation between the dwelling units that would maintain privacy of the living areas and provides a suitable communal open space area.

 

·          The proposal adheres to the established streetscape pattern along The Esplanade, given the large setbacks, the orientation of the blocks of units and the pattern of placement of the buildings on the site, being similar to a conventional subdivision pattern.

 

 

 

 

2.3.4.3  Impacts on Streetscape

 

The Guidelines require the design of buildings to respond to Council’s local planning controls that specify the character or desired character of the area and to maintain the established front setback.

 

The proposed site layout includes a central driveway and is consistent with the layout of the desired pattern of development in the locality with separate blocks of two storey units, similar in appearance to a dwelling-house, separated from the street via landscaping.

 

The proposed buildings have a minimum front setback of 15m, being the same as the adjoining developments. The lower level patios are screened by louvers to provide privacy to the ground floor units fronting the street. Dense landscaping is proposed along the entire frontage to maintain the established streetscape character.  The garbage enclosure would be located within the front setback, however separated from the internal driveway and the street by proposed planting. The enclosure would include a skillion roof to minimise its bulk and scale.

 

The first floor component of the two front buildings would present as the dominant element in the streetscape. Subject to implementation of the landscape plan, the proposal is considered acceptable in respect to impact on the existing streetscape. 

 

2.3.4.4  Impacts on Neighbours

 

The proposed development is considered acceptable in respect to privacy and amenity to the adjoining developments at the rear and the sides subject to the construction of new boundary fencing. The proposed buildings would not overshadow neighbouring properties to the extent of any non-compliance with the Urban Design Guidelines For Infill Development.

 

The proposed rear blocks of units would incorporate a minimum setback of 6.7m from the rear boundary. The ground floor levels and the rear yards of the proposed dwellings at the rear would be 1m -1.5m above natural ground level at the rear boundary.  Overlooking opportunities from the ground floor units would be minimised by the presence of the 1.8m high fence at the rear and the intermediate landscaped area. To minimise overlooking of adjoining properties from the balconies of the units on the upper floor, the proposal includes privacy screens 1.5m above the floor level.

 

A 6m wide deep soil landscaping area is proposed along the rear of the development in compliance with the Policy. The majority of the proposed deep soil zone at the rear of the site is proposed for lawn area.

 

The Urban Design Guidelines For Infill Development include controls for the rear 25% of the site to be single storey.  However, the AHSEPP does not include this requirement which prevails to the extent of the inconsistency with the Guidelines.

 

The proposed design is considered to be a reasonable outcome with regard to its impact on the neighbouring properties.

 

2.3.4.5  Internal Site Amenity

 

The following design elements have been incorporated to achieve internal site amenity:

 

·          The fin walls of the proposed buildings give separation and identity to individual dwellings within the development.

 

·          Fences and landscaping provide suitable screening for proposed private open space areas. The first floor balconies do not front each other to avoid overlooking opportunities.

 

·          The site planning incorporates a direct and safe access to all units via pedestrian paths.

 

·          The site is in the vicinity of the rail corridor, located on the opposite side of the road. Rail Corp was notified of the development and recommends noise mitigation measures for the proposed development, which have been included as a recommended condition of consent.

 

2.3.5     Clause 16A – Compatibility with the Local Character of the Area

 

In accordance with the requirements of Clause 16A of the AHSEPP, the applicant has submitted a Local Character Statement which is summarised as follows:

 

·          With this proposal it is considered that there is an appropriate relationship of built form with the surrounding development in terms of height, setbacks and landscaping.

 

·          Whilst this proposal will generate change, that is to be expected noting the age and condition of the existing dwelling and the size of the allotment which allows a four lot subdivision and construction of 2 storey dwellings on each of these allotments.

 

·          The proposal includes setbacks of 15m in line with the adjoining dwellings and 6m beyond the existing building alignment. This area of deep soil is to be landscaped so that the buildings can be appropriately framed by canopy trees.

 

The matters identified in the Local Character Statement have been assessed in detail in this report above and the following comments are provided:

 

·          The proposal would have regard to the local character of the area via the setbacks, the site layout and the landscaped front and rear setbacks.

 

·          The site would incorporate a higher density development, when compared to most of the low density developments adjoining the site.  However, the character of the locality is varied due to the presence of the medium density townhouses to the north and the car park on the opposite side of the road. The proposal complies with the requirements of the AHSEPP with regard to the density provisions.  Being adjacent to The Esplanade and in close proximity to the Thornleigh railway station, the proposed form of development is not inconsistent with the character of the local area.

 

·          The development on the site has been proposed under the AHSEPP which allows a denser form of development in the locality. The proposal responds to the context of The Esplanade which does not have a specific character. The proposal incorporates façade articulation and appropriate separation of buildings which result in lowering the overall building bulk and providing a transition between the development and the existing low density residential developments.

2.3.6     Clause 17 – Affordable Housing

 

Clause 17 of the AHSEPP requires that the housing be used for affordable purposes for at least 10 years. A condition of consent is recommended to implement this requirement.

 

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

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

The site has a history of being used for residential purposes. Therefore, the land is unlikely to be contaminated and no further assessment in this regard is necessary.

 

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

 

The application has been assessed with regard to State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004.  The BASIX Certificate complies with the minimum scores for thermal comfort and energy and is acceptable.

 

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

 

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

 

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

 

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

 

2.7        Waste Management and Minimisation Development Control Plan

 

The proposal includes a waste management plan with details of waste management during the demolition and construction phase of building works and is assessed as satisfactory.

 

With regard to the on-going waste management on the site, the application proposes a shared bin collection area within 6m of the entrance to the site. The residents would be required to store their garbage in the shared area. All dwellings are less than 75m from the bin storage area and therefore, the proposed waste collection is acceptable.

 

Due to traffic on The Esplanade and the “No Parking” zone at the front of the site, waste collection vehicles would reverse onto the site to service the bins and manoeuvre out in a forward direction. The driveway would be able to accommodate a heavy rigid garbage collection vehicle subject to appropriate conditions regarding construction standards. An easement is required to be created for a 11.5m long section of the driveway at the entrance to enable Council’s garbage truck to access the site and collect the waste.  In this regard, appropriate conditions of consent are recommended.

 

2.8        Sustainable Water Development Control Plan

 

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

 

2.9        Section 94 Contributions Plan

 

Council’s Section 94 Plan applies to the development as it would result in fifteen additional dwellings.  Accordingly, the requirement for a monetary Section 94 contribution is recommended as a condition of development consent.

 

3.         ENVIRONMENTAL IMPACTS

 

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

 

3.1        Natural Environment

 

3.1.1     Impact on trees

 

The site incorporates a number of trees at the centre and along the boundary. The proposed development would necessitate the removal of a number of trees to facilitate the development. However, the design retains most of the trees along the boundary and the front setback. Council’s assessment of the proposal included a detailed examination of the existing trees on the site and concludes that the proposed removal of the trees is acceptable.

 

It is noted that the development may result in adverse impact on 4 trees (16, 17, 23 and 24) located within the neighbours property to the south. These trees are species that are not indigenous to Hornsby Shire. Council consent is not required for the removal of these trees. However, the trees are not located within the site.  Therefore, owner’s consent from the neighbouring property would be required prior to removal of these trees. The application does not include such owner’s consent. Given the absence of owner’s consent, conditions of consent are recommended regarding construction techniques required to retain these trees during, and post, construction of the development.

 

3.1.2     Stormwater Management

 

The site falls to the rear. Accordingly, the proposal would require a drainage easement through the adjoining western property (No. 23 Janet Avenue) to drain to the street at the rear via the proposed on-site detention system. The applicant however, has not obtained the necessary drainage easement.

 

The application includes a detailed Stormwater Management Plan and design of the on-site detention system. The proposed stormwater management solution is considered satisfactory and the development would not have any adverse impact on the existing street drainage system subject to granting of the easement through the rear allotment.

 

There are no environmental grounds for an easement not to be granted by the downstream property owner and accordingly, a deferred commencement consent condition is recommended to enable the applicant to negotiate an easement.

 

3.2        Built Environment

 

3.2.1     Visual Impact

 

The impact of the proposed development on the built environment of the locality with regard to streetscape presentation and overall visual impact have been discussed in detail in the previous sections of this report.

 

3.2.2     Traffic Generation

 

The site is located in close proximity to the Thornleigh Railway Station and Bus Interchange. Council’s traffic assessment of the proposal concludes that the development would result in an additional 8 peak hour vehicular trips.  This would not have any significant impact on the existing level of service of the road.

 

The proposal includes parking facilities within the site in excess of the requirements of the AHSEPP. The application is assessed as satisfactory in this regard.

 

3.3        Social Impacts

 

The proposed development would result in a positive social impact in providing affordable rental accommodation, thus reducing social disadvantage and fostering inclusive and diverse communities in accordance with the NSW State Plan.  The assessment recognises that affordable housing would be suitable for the site and that the development would have a net benefit to the community.

 

3.4        Economic Impacts

 

The proposal would have a minor positive impact on the local economy in conjunction with other residential development in the locality by generating an increase in demand for local services.

 

4.         SITE SUITABILITY

 

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

 

There is no known hazard associated with the site with respect to landslip, subsidence, bushfire or flooding that would preclude development on the site. The proposal complies with the draft North Subregional Strategy which aims at improving housing choice in the locality and increasing housing affordability.

 

Given the above, the site is considered to be suitable for the development as it is currently proposed.

 

 

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 26 July 2012 and 16 August 2012 in accordance with Council’s Notification and Exhibition Development Control Plan.  During this period, Council received two submissions.  The map below illustrates the location of those nearby landowners who made a submission.

 

NOTIFICATION PLAN

 

 

 

•       PROPERTIES NOTIFIED

 

 

 

 

X      SUBMISSIONS

         RECEIVED

 

 


          PROPERTY SUBJECT OF DEVELOPMENT

 

 

The two submissions objecting to the development include an objection from the owner of the property through which the easement has been proposed. The objections are generally on the following grounds:

·          The development and the proposed hard surface areas would have an adverse impact on the stormwater drainage of the downstream properties.

 

·          The development may cause flooding of the downstream properties due to lack of maintenance of stormwater devices in the future.

 

·          The rear boundary should include landscaped screening capable of attaining a height of 3m to mitigate adverse impacts on privacy of adjoining properties.

Additionally, the owner of No. 21 Janet Avenue indicates that no details of stormwater management have been provided with the application.

 

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

 

5.1.1     Details of stormwater management

 

The details of stormwater management on site have been provided with the application. Council has informed the owner of No. 21 Janet Avenue of the submission of the stormwater plans and provided 7 days for further comments. The objector has indicated that further pits should be provided adjoining the rear fence to capture stormwater.

 

As discussed in this report, Council’s engineering assessment of the stormwater plans concludes that the design of the system is satisfactory subject to conditions of consent. No further amendments to the stormwater plans are considered necessary.

 

5.1.2     Privacy

 

As indicated in this report, the proposed design takes into consideration the impact of the development on the privacy of the neighbouring properties. The upper floor balconies fronting the residential properties at the rear are provided with 1.5m high privacy screens which would prevent overlooking opportunities.

 

The fence at the rear is 1.8 metre high and would adjoin landscape screening capable of attaining a height of 2.2 metres. This is considered to be sufficient to screen the ground floor courtyards and is recommended as a condition of consent.

 

The application is assessed as satisfactory with regard to its impacts on the privacy of the neighbouring properties.

 

5.2        Public Agencies

 

The development application was referred to the following Public Agency for comments:

 

5.2.1     RailCorp

 

The site is not located within 25 metres of the rail corridor. Therefore, the application was not required to be notified to RailCorp under the provisions of State Environmental Planning Policy (Infrastructure) 2007. However, RailCorp was notified of the development as a nearby property owner. The comments from RailCorp required the proposal to comply with the Department of Planning and Infrastructure’s publication “Development near Rail Corridors and Busy Roads – Interim Guidelines” and the preparation of an Acoustic Report to demonstrate compliance with the document.  Given that the site does not adjoin rail corridor, the following condition has been recommended based on RailCorp’s recommendation:

 

The construction certificate plans must include design details to comply with “Development Near Rail Corridors and Busy Roads- Interim Guideline”, so that the following LAeq levels are not exceeded:

 

Internal space

Time Period

Maximum LAeq level

Bedrooms/Sleeping areas

10pm – 7am

Equal to or <35dB(A)

Living areas (expect kitchen, bathroom or hallway)

Day and Night

Equal to or 40dB(A)

 

A “Certificate of Compliance” prepared by a suitably qualified consultant must be provided with the plans.”

 

RailCorp has also requested the preparation of an Electrolysis Risk Report which has been recommended as a condition of consent.

 

6.       THE PUBLIC INTEREST

 

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

 

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

 

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

 

CONCLUSION

The proposed development is for the erection of an affordable rental housing development comprising 16 units located in four two-storey townhouses, and parking for 17 cars at Nos. 64-66, The Esplanade, Thornleigh.

 

The application has been assessed having regard to the provisions of Section 79C of the Environmental Planning and Assessment Act 1979 and the State Environmental Planning Policy (Affordable Rental Housing) 2009.  The proposed affordable housing development is permissible on the site pursuant to the savings and transitional provision of the AHSEPP.

 

The development complies with the development standards prescribed under the AHSEPP in respect to floor space ratio, car parking, landscaping, deep soil zones, dwelling size and solar access. The impact of the proposal on the locality and the site planning and design comply with the best practice standards provided in the “Seniors Living: Urban Design Guidelines-Infill Developments.” The development satisfies the objectives of the AHSEPP and the design of the development would not have an unreasonable impact on the local character.

 

The proposal would require the owner’s consent of the downstream property granting an easement to drain water. This owner’s consent has not been obtained.  Accordingly, approval of the proposal is recommended as a deferred commencement.

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

 

 

 

 

 

 

 

 

Rod Pickles

Manager - Development Assessment

Planning Division

 

 

 

 

James Farrington

Group Manager

Planning Division

 

 

Attachments:

1.View

Locality Map

 

 

2.View

Floor Plans

 

 

3.View

Landscape Plan

 

 

4.View

Elevations and Sections

 

 

5.View

Shadow Diagrams

 

 

6.View

Views

 

 

 

 

File Reference:           DA/689/2012

Document Number:     D01997921

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SCHEDULE 1

GENERAL CONDITIONS

The conditions of consent within this notice of determination have been applied to ensure that the use of the land and/or building is carried out in such a manner that is consistent with the aims and objectives of the relevant legislation, planning instruments and Council policies affecting the land and does not disrupt the amenity of the neighbourhood or impact upon the environment.

 

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

 

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

 

1.         Deferred Commencement

Pursuant to Section 80(3) of the Environmental Planning and Assessment Act 1979, this consent does not operate until the following information is submitted to Council:

 

a.      “The registration and creation of an easement to drain water minimum 1m wide from the site over No. 23 Janet Avenue Thornleigh (Lot 7 DP 547340).”

 

Such information shall be submitted within 12 months of the date of this notice.

 

Upon Council’s written satisfaction of the above information, the following conditions of development consent will apply:

2.         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

Survey Plan – 4986 DET1

Mepstead and Associates

8/12/2011

Ground Floor Plan 02 – Rev J

Mccullum Ashby Architects

9/08/2012

First Floor Plan 03 – Rev J

Mccullum Ashby Architects

9/08/2012

Sections AA and BB 04 – Rev J

Mccullum Ashby Architects

9/08/2012

Elevations 05 – Rev J

Mccullum Ashby Architects

9/08/2012

Elevations (Front and rear) 06 – Rev I

Mccullum Ashby Architects

22/06/2012

Elevations (Internals) 07 – Rev J

Mccullum Ashby Architects

9/08/2012

Tree Demolition Plan and Colours 08 – Rev J

Mccullum Ashby Architects

9/08/2012

Waste management Plan 09- Rev I

Mccullum Ashby Architects

22/06/2012

Landscape Plan – LP01 A

Site Design Studios

28/05/2012

 

Document No.

Prepared by

Dated

Street Views 14 – Rev J

Mccullum Ashby Architects

9/08/2012

Street Views 15 – Rev J

Mccullum Ashby Architects

9/08/2012

Street Views 16 – Rev J

Mccullum Ashby Architects

9/08/2012

Shadow Diagrams 10-Rev I

Mccullum Ashby Architects

22/06/2012

Shadow Diagrams 11-Rev I

Mccullum Ashby Architects

22/06/2012

Shadow Diagrams 12-Rev I

Mccullum Ashby Architects

22/06/2012

Stormwater Plan – G0120088- Rev 2

Accord Appleyard

08/2012

Stormwater Management Plan - G0120088/C2 – Rev 1

Accord Appleyard

06/2012

Stormwater Management Details - G0120088/C3 – Rev 1

Accord Appleyard

06/2012

OSD Details - G0120088/C4 Rev 1

Accord Appleyard

06/2012

OSD Details - G0120088/C5 – Rev 1

Accord Appleyard

06/2012

Cover Letter and Stormwater details

Accord Appleyard

16/08/2012

Arboricultural Impact Report

Landscape Matrix Pty Ltd

15/06/2012

Statement of Environmental Effects

Glendinning Minto and Associates`

July 2012

Design Compliance Assessment Report

BCA Vision

26/04/2012

Performance Verification Report

BCA Vision

26/04/2012

BASIX Certificate – 426819M

Archidoc Pty Ltd

29/06/2012

3.         Removal of Existing Trees

This development consent only permits the removal of trees numbered 1,2,3,4,5,7,8,9,10,11,12,13,14,15,18,19,20,21,22,25,27,31,32,33,34,40,41 and 42 as identified on Plan No. 4986-DET1 prepared by Mepstead and Associates dated 8/12/11.  The removal of any other trees requires separate approval under Council’s Tree Preservation Order.

 

This development consent does not permit the removal of Tree Nos. 16, 17, 23 and 24 located within the neighbouring property.

4.         Amendment of Plans

The approved Landscape Plan LP 01 A prepared by Site Design Studios dated 28/05/2012 is to be amended in following ways:

 

·          Incorporate the site layout in the approved “Ground Floor Plan 02 – Rev J” prepared by Mccullum Ashby Architects dated 9/08/2012.

 

·          Provide a continuous landscape screen capable of attaining a minimum height of 2.2m along the rear boundary of the site as marked in red.

 

·          Provide a 1m wide pedestrian pathway linking the entrance Unit 5 to the central driveway.

 

REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

5.         Building Code of Australia

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

6.         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.

7.         Notification of Home Building Act, 1989 Requirements

Residential building work within the meaning of the Home Building Act, 1989 must not be carried out unless the principal certifying authority for the development to which the work relates (not being Council) has given Council written notice of the following information:

 

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

 

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

 

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

 

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

 

i.       The name of the owner-builder.

 

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

Note: If arrangements for doing the residential building work are changed while the work is in progress so that the information notified becomes out of date, further work must not be carried out unless the principal certifying authority for the development to which the work relates (not being Council) has given Council written notification of the updated information.

8.         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.

9.         Noise – Rail Corridor

The construction certificate plans must include design details to comply with “Development Near Rail Corridors and Busy Roads- Interim Guideline”, so that the following LAeq levels are not exceeded:

 

Internal space

Time Period

Maximum LAeq level

Bedrooms/Sleeping areas

10pm – 7am

Equal to or <35dB(A)

Living areas (expect kitchen, bathroom or hallway)

Day and Night

Equal to or 40dB(A)

 

A “Certificate of Compliance” prepared by a suitably qualified consultant must be provided with the plans.”

10.        Electrolysis Report

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

 

The recommendations of the report must be incorporated in the design of the development.

11.        Registered Housing Provider

Evidence must be provided to the Principal Certifying Authority that at least four dwelling units would be managed by a registered community housing provider as defined in the Housing Act 2001.

12.        Dilapidation Report

A ‘Dilapidation Report’ is to be prepared by a chartered engineer detailing the condition of adjoining properties and assets in the public road and submitted to Hornsby Shire Council.

13.        Project Arborist

A Project Arborist must appointed in accordance with AS 4970-2009 (1.4.4) to provide monitoring and certification throughout the development process.

14.        Preservation of Survey Infrastructure

A registered surveyor must identify all survey marks in the vicinity of the proposed development.  Any survey marks required to be removed or displaced as a result of the proposed development are to be undertaken by a registered surveyor in accordance with Section 24 (1) of the Surveying and Spatial Information Act 2002 and following the Surveyor General’s Directions No.11 – "Preservation of Survey Infrastructure". 

15.        Car Parking

All car parking must be constructed in accordance with Australian Standard AS 2890.1 – 2004 – Off Street Car Parking and Australian Standard 2890.2 - 2002 – Off Street Commercial and the following requirement:

 

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

 

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

16.        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, and

 

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.

17.       Erosion and Sediment Control

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

 

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

18.        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.      be a temporary chemical closet approved under the Local Government Act, 1993; or

 

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

19.       Tree Protection Barriers

Tree protection fencing must be erected around trees numbered 37,38 and 39 to be retained at a 3 metre setback.  The tree fencing must be constructed of 1.8 metre ‘cyclone chainmesh fence’.

 

REQUIREMENTS DURING CONSTRUCTION

20.       Construction Work Hours

All work on site (including demolition and earth works) must only occur between 7am and 5pm Monday to Saturday.

 

No work is to be undertaken on Sundays or public holidays.

21.        Construction Noise Management

The construction works must be undertaken in accordance with the “Interim Construction Noise Guidelines – 2009” published by DECCW.

22.       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.

23.       Council Property

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

24.        Disturbance of Existing Site

During construction works, the existing ground levels of open space areas and natural landscape features must not be altered unless otherwise nominated on the approved plans.

25.       Works near Trees

a.      All required tree protection measures are to be maintained in good condition for the duration of the construction period.

 

b.      All works (including retaining walls and pathways) within the Tree Protection Zones of Tree Nos. 16, 17, 23 and 24 (as marked on the approved Plan No. 4986-DET1 prepared by Mepstead and Associates dated 8/12/11)  are to be carried out in accordance with Australian Standard AS- 4970 - Protection of Trees on Development Sites under the supervision of an ‘AQF Level 5 Arborist’ and a certificate submitted to the principal certifying authority detailing the methods used to preserve the trees. The following requirements must be complied with:

 

·          Any excavation required within 3 metres of the trees must be minimised;

 

·          Construction works within 3 metres of the trees must consist of pier and beam construction;

 

·          Hand excavation must be undertaken within 3 metres of the trees to reveal the presence of any roots;

 

·          The severance of tree roots greater than 50mm in diameter must be avoided. Any tree roots between 10mm and 50mm diameter, revealed during excavation should be cut cleanly by a sharp hand saw by a qualified arborist.

 

·          Hand excavation or tunnel boring must be carried out for the installation of any services.

 

·          If tunnel boring is proposed it should be carried out at least 1 metre beneath natural ground surface and supervised by a AQF5 Arborist.

 

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

 

Note: Except as provided above, the applicant is to ensure that no excavation, filling or stockpiling of building materials, parking of vehicles or plant, disposal of cement slurry, waste water or other contaminants is to occur within 4 metres of any tree to be retained.

26.        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.

27.        Landfill

Landfill must be constructed in accordance with Council’s ‘Construction Specification 2005’ and the following requirements: -

 

a.      All fill material imported to the site is to wholly consist of Virgin Excavated Natural Material (VENM) as defined in Schedule 1 of the Protection of the Environment Operations Act 1997 or a material approved under the Department of Environment and Climate Change’s general resource recovery exemption.

28.        Survey Report – Finished Floor Level

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

 

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

 

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

29.        Contamination during construction works

Should the presence of asbestos or soil contamination, not recognised during the application process be identified during demolition, the applicant must immediately notify the Principal Certifying Authority and Council.

30.        Waste Management

Waste management during the construction phase of the development must be undertaken in accordance with the approved Waste Management Plan. Additionally written record of the following items must be maintained during the removal of any waste from the site and such information submitted to the Principal Certifying Authority within fourteen days of the date of completion of the works:

 

a.      The identity of the person removing the waste.

 

b.      The waste carrier vehicle registration.

 

c.      Date and time of waste collection.

 

d.      A description of the waste (type of waste and estimated quantity).

 

e.      Details of the site to which the waste is to be taken.

 

f.       The corresponding tip docket/receipt from the site to which the waste is   transferred (noting date and time of delivery, description (type and quantity) of waste).

 

g.      Whether the waste is expected to be reused, recycled or go to landfill.

 

Note: In accordance with the Protection of the Environment Operations Act 1997, the definition of waste includes any unwanted substance, regardless of whether it is reused, recycled or disposed to landfill.

 

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

 

Note: For the purpose of this consent, a reference to ‘occupation certificate’ shall not be taken to mean an ‘interim occupation certificate’ unless otherwise stated.

31.        Fulfilment of BASIX Commitments

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

32.        Sydney Water – s73 Certificate

A s73 Certificate must be obtained from Sydney Water.

33.        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.

34.        Vehicular Crossing

Separate applications under the Local Government Act 1993 and the Roads Act 1993 must be submitted to Council for the installation of a new vehicular crossing and the removal of the redundant crossing.  The vehicular crossing must be constructed in accordance with Council’s Civil Works Design 2005 and the following requirements:

 

a.      Any redundant crossings to be replaced with integral kerb and gutter.

 

Note: An application for a vehicular crossing can only be made to one of Council’s Authorised Vehicular Crossing Contractors.  You are advised to contact Council on 02 9847 6940 to obtain a list of contractors.

Note: A construction certificate must be obtained for these works

35.        Footpath

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

 

a.      All details be provided with the Construction Certificate Plans.

 

b.      The existing footpath being removed across the frontage of the site in The Esplanade is to be removed and reconstructed.

 

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

 

Note :  Prior to the issue of the Construction Certificate, a separate application under the Local Government Act, 1993 and the Roads Act, 1993 must be submitted to Council for the construction of footpaths within the road reserve.

36.        Road Works

All road works approved under this consent must be constructed in accordance with Council’s Civil Works Design and Construction Specification, 2005 and the following requirements:

 

Road Works for The Esplanade

 

a.      All details be provided with the Construction Certificate Plans.

 

b.      The existing kerb and gutter is to be removed and reconstructed across the frontage of the site in The Esplanade.

 

c.      A new kerb inlet pit with a 2.4m long lintel to be located downstream of the existing pit. The existing, which is locate within the proposed driveway, is to be converted to a grated inlet pit.

 

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

 

Road Works for Janet Avenue

 

a.      All details to be provided with the Construction Certificate Plans;

 

b.      Construction of a minimum 375mm diameter RCP within Janet Avenue to service the proposed development;

 

c.      The existing road pavement to be saw cut where required and reconstructed;

 

Note: Prior to the issue of the Construction Certificate, a separate application under the Local Government Act, 1993 and the Roads Act, 1993 must be submitted to Council for the construction of footpaths within the road reserve.

37.        On Site Stormwater Detention

The on site detention 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.      All details be provided with the Construction Certificate Plans;

 

b.      Have a capacity of not less than 25 cubic metres with a maximum site discharge of 54 litres per second. By pass flows are to be allowed for in the determination of the OSD outlet flows;

 

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

 

d.      Discharge from the detention system to be controlled via 1 metre length of pipe, not less than 50 mm 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;

 

e.      The OSD system is to be designed with a surcharge pipe to be located at the top water level of the system. The downstream pipe work network to Janet Avenue is to be designed to cater for the un-detained 1 in 20 year ARI storm event;

 

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

 

38.        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.      All details be provided with the Construction Certificate Plans.

 

b.      Connected directly to Council’s street drainage system in Janet Avenue.

 

c.       An inter-allotment stormwater drainage system to service the proposed development       with pits being constructed in situ.

 

Note:  Inspection fees are to be paid to Council to demonstrate the satisfaction of this condition.

39.        Traffic Control Plan

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

 

a.   Arrangements for public notification of the works.

 

b.   Temporary construction signage.

 

c.   Permanent post-construction signage.

 

d.   Vehicle movement plans.

 

e.   Traffic management plans.

 

f.    Pedestrian and cyclist access/safety.

40.        Internal Driveway/Vehicular Areas

The driveway and parking areas on site must be designed and construction in accordance with Australian Standards 2890.1, 2890.2, 3727 and the following requirements:

 

a.      All details be provided with the Construction Certificate Plans.

 

b.      Design levels at the front boundary are to be obtained from Council if a private accredited certifier is engaged to obtain a construction certificate for these works.

 

c.      The driveway be a rigid pavement.

 

d.      The driveway grade must not exceed 20 percent and changes in grade must not exceed 8 percent.

 

e.      The driveway pavement be a minimum 5.5 metres wide at the kerb line of The Esplanade and this width shall extend to 6m inside the property boundary in accordance with AS 2890.1.

 

41.        Creation of Easements

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

 

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

 

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

 

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

 

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

 

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

42.        Completion of Landscaping

A certificate must be provided by a practicing landscape architect, horticulturalist or person with similar qualifications and experience certifying that all required landscaping works have been satisfactorily completed in accordance with the approved landscape plans and the following amendments/requirements:

 

a.      Substitution of Rapanea varibilis (along the southern fenceline adjacent to Unit 8) by shade-tolerant screen species such as Murraya or Syzygium;

 

b.      Substitution of Kunzea ambigua (along the northern fenceline) by shade-tolerant screen species such as Murraya or Syzygium;

 

Note: Plant numbers are to reflect a spacing of 750-900mm for row planting.

 

c.      Installation of root barriers to an effective minimum depth of 300mm for plantings of the proposed clumping Bamboo species in any situation where these beds adjoin other soft landscape areas.

 

d.      Three medium to large trees selected from Council’s booklet ‘Indigenous Plants for the Bushland Shire’ to be planted on the subject site in accordance with the recommendations of the Tree Assessment Report prepared by Arboreport dated 28/04/2011. The planting location must not be within 4 metres of the foundation walls of a dwelling. The pot size is to be a minimum 25 litres and the trees must be maintained until they reach the height of 3 metres.  Trees must be native to Hornsby Shire and reach a mature height greater than 10 metres.

 

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

43.        Boundary Fencing

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

 

Note: Alternative fencing may be erected subject to the written consent of the adjoining property owners.

 

44.        Works as Executed Plan

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

45.        Preservation of Survey Marks

A certificate by a Registered Surveyor must be submitted to the Principal Certifying Authority, certifying that there has been no removal, damage, destruction, displacement or defacing of the existing survey marks in the vicinity of the proposed development or otherwise the re-establishment of damaged, removed or displaced survey marks has been undertaken in accordance with the Surveyor General’s Direction No.11 – “Preservation of Survey Infrastructure”.

46.        Waste Management Details

The following waste management requirements must be complied with:

 

Each townhouse must be provided with an indoor waste/recycling cupboard for the interim storage of a minimum one day’s waste generation with separate containers for general waste and recyclable materials.

 

a.      The bin storage room must include water or a hose for cleaning, graded floors with drainage to sewer, a robust door, sealed and impervious surfaces, adequate lighting and ventilation.

 

b.      Space must be provided for either individual compost containers for each unit or a communal compost container.

 

Note: The location of the compost containers should have regard for potential amenity impacts.

 

c.      The bin carting route must be devoid of any steps and must be no less than 1000 mm wide.

 

Note: Ramps between different levels are acceptable.

47.        External Lighting

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

48.        Construction for a safe environment

The site must include the following elements to provide a safer environment for the residents:

 

a.      An intercom system be installed at gate locations to ensure screening of persons entering dwellings.

 

b.      The entryway to the site be illuminated in high luminance at all times.

c.      Front and rear yard spaces of each dwelling be illuminated with high luminance by motion sensor lighting.

 

d.      The common driveway and parking areas are to be illuminated with low luminance at all times.

 

e.      The communal open space at the rear be illuminated with low luminance lighting at night.

 

f.       Vandal proof locking mechanisms to be installed in all gates to individual units.

 

g.      Robust materials which cannot be forced or breached with minimised maintenance requirements are to be used for construction work in the common areas.

49.        Installation of Air Conditioner

To protect the amenity of adjacent properties, the condenser unit for any air conditioner must be sited a minimum of 3 metres from the property boundary of any adjoining residential premises unless a certificate has been prepared by a suitably qualified person confirming that the unit has been tested for heating and cooling on the highest settings and that the noise levels generated do not exceed 5 dB(A) above background noise levels when tested at the property boundary between 8 am and 10 pm. The noise should be inaudible between 10 pm and 8 am.

50.        Restriction as to User – Affordable Rental Housing

To inform current and future owners that the townhouse development on the site is for affordable rental housing, a Restriction as to User must be created under Section 88B of the Conveyancing Act 1919 identifying the following:

 

a.      The development is for affordable rental housing pursuant to State Environmental Planning Policy (Affordable Rental Housing) 2009 for a period of 10 years from the date of the issue of the occupation certificate.

 

b.      Four dwelling units must be used for the purpose of affordable housing pursuant to Clause 6 of State Environmental Planning Policy (Affordable Rental Housing) 2009.

 

c.      The four dwelling units identified in condition 46(b) must be managed by a registered community housing provider as defined in the Housing Act 2001.

 

Note: The wording of the Restriction as to User must be to Council’s satisfaction and Council must be nominated as the authority to release, vary or modify the Restriction.

51.        s94 Infrastructure Contributions 

The payment to Council of a contribution of $ 168,727.55 for fifteen additional dwelling units towards the cost of infrastructure identified in Council’s Development Contributions Plan 2007-2011.

 

Note: The value of contribution is current as at 1 September 2012.  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

 

52.        Landscaping Maintenance

All of the approved landscaping for the development must be continually maintained to ensure screening for privacy and the presentation of the development.

53.        Car Parking

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

 

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

 

c.      The internal accessway and manoeuvring areas are to be unobstructed at all times.

 

d.      The parking of vehicles on site is prohibited other than in approved car parking spaces.

54.        Site Caretaker

A site caretaker must be employed and be responsible for washing bins and maintaining waste storage areas, managing the communal composting area, arranging the prompt removal of dumped rubbish, and ensuring all residents are informed in the use of the waste management system.

55.        Noise

The level of total continuous noise emanating from operation of the premises including all plant and air conditioning units (LAeq) (measured for at least 15 minutes) in or on the above premises, must not exceed the background level by more than 5dB(A) when measured at all property boundaries.

56.        Fire Safety Statement - Annual

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

 

-          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:

 

·              The issue of 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 to be 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 3 metres of the approved building envelope without the prior written consent from Council. 

 

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

 

All distances are determined under Australian Standard AS4970-2009 “Protection of Trees on Development Sites”.

 

Fines may be imposed for non-compliance with Council’s Tree Preservation Order.

 

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.

 

Covenants

 

The land upon which the subject building is to be constructed may be affected by restrictive covenants.  Council issues this approval without enquiry as to whether any restrictive covenant affecting the land would be breached by the construction of the building, the subject of this consent.  Applicants must rely on their own enquiries as to whether or not the building breaches any such covenant.

 

Rain Water Tank

 

It is recommended that water collected within any rainwater tank as part of the development be limited to non-potable uses.  NSW Health recommends that the use of rainwater tanks for drinking purposes not occur where a reticulated potable water supply is available.

 

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.

 

Asbestos

 

Should asbestos or asbestos products be encountered during demolition or construction 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 WorkCover NSW) be engaged to manage the proper handling of the material. Further information regarding the safe handling and removal of asbestos can be found at:

 

www.environment.nsw.gov.au

www.nsw.gov.au/fibro

www.adfa.org.au

www.workcover.nsw.gov.au

 

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

 


 

Planning Report No. PL23/12

Planning Division

Date of Meeting: 17/10/2012

 

14      DEVELOPMENT APPLICATION - INDUSTRIAL DEVELOPMENT COMPRISING 12 UNITS, CAR PARKING AND STRATA SUBDIVISION 6 - 10 YATALA ROAD, MOUNT KURING-GAI

 

 

EXECUTIVE SUMMARY

DA No:

DA/24/2012

Description:

Proposed two storey industrial development comprising twelve units with car parking and strata subdivision

Property:

Lot 425 DP 752053, Lot 426 DP 752053, Lot 926 DP 752053, Nos. 6 - 10 Yatala Road, Mount Kuring-Gai

Applicant:

Industrial Parks of Australia Pty Ltd

Owner:

SDT Pty Ltd

Estimated Value:

$4.8 million

Ward:

A

 

·           The application proposes an industrial development comprising twelve units in two levels with associated driveway, car parking and strata subdivision.

 

·           The proposal complies with the requirements of the Hornsby Shire Local Environmental Plan 1994.  The proposal does not comply with Council’s Industrial Lands Development Control Plan with regard to the number of car spaces provided on the site.

 

·           No submissions have been received in respect of the application.

 

·           It is recommended that the application be approved as a deferred commencement to ensure appropriate management of the threatened species and significant vegetation on the site.

 

RECOMMENDATION

THAT Development Application No. 24/2012 for a two storey industrial development comprising twelve units with car parking and strata subdivision at Lots 425, 426 and 926 DP 752053, Nos. 6-10 Yatala Road Mount Kuring-Gai be approved as a deferred commencement pursuant to Section 80(3) of the Environmental Planning and Assessment Act, 1979 subject to the conditions of consent detailed in Schedule 1 of Group Manager’s Report No. PL23/12.

 


BACKGROUND

Development applications for proposed industrial uses have been approved by Council for the site circa 1980s. However, these buildings have not been built.

 

Council records indicate that an unauthorised use (material recycling facility) commenced operation on the property in 1984.

 

On 26 July 2006, Council issued a Penalty Infringement Notice regarding the unauthorised use of the site and subsequent clean-up notices were issued regarding unauthorised landfill, known to contain asbestos that was deposited on the property.  The applicant undertook a contamination assessment for the site, following Council’s orders. The site was cleaned up and an Asbestos Clearance Certificate was provided to Council in 2007.

 

Sydney Water occupied the vacant site for a period of 18 months when works relating to sewerage were being undertaken at Mount Kuring-Gai.

 

On 17 December 2007, Council wrote to the owners informing that the site was satisfactorily cleaned up and that the site has been vacated.

 

On 4 March 2009, the Office of Environment and Heritage (EPA) issued further clean-up notices in respect of ongoing unauthorised waste placement, stockpiling and associated water pollution. Council has not received the final remediation documentation in respect of these notices.

 

On 2 November 2011, Council informed the owners of the property that there were no notices or outstanding orders in respect of the site, except the order from the EPA.

 

SITE

The site is located on the southern side of Yatala Road and comprises three allotments. The total area of the site is 20, 476 m2 (2.4 ha).

 

The site is currently vacant. A natural vegetation corridor of variable width exists along the frontage of the site. The development area is a cleared section below this vegetation corridor and a natural rock drop off parallel to the Yatala Road frontage.  The cleared area has been partly modified in association with a truck yard in the past, and has a slope of about 22%. A driveway provides access to the site from the eastern end.

 

To the south of the development area, the site slopes down steeply along a rock escarpment and accommodates undisturbed bushland. An electricity transmission easement runs diagonally across the rear of the site.

 

The site accommodates the vegetation community, Silvertop Ash-Scribbly Gum Woodland. The roadside nature strip comprises two threatened species Persoonia mollis spp. Maxima and Darwinia biflora amidst weeds and indigenous species.

 

The site forms part of the Mount Kuring-Gai Industrial estate and is surrounded by industrial developments to the south-east, west and north. No residential developments are present in the near vicinity of the site.

 

PROPOSAL

The application proposes earthworks and construction of an industrial development in two levels comprising twelve units. The building would primarily be located in the cleared section of the site with a setback from the frontage maintaining the vegetation corridor. Excavation works would be undertaken parallel to the road to accommodate the lower level of units and would follow the natural slope of the land.

The industrial units would be used as warehouse and distribution centres with associated offices at the mezzanine levels. Each unit would include a loading bay capable of accommodating one or two heavy rigid vehicles.

The sizes of the industrial units vary between 570 m2 – 1000 m2 including the office area.  The gross floor area of the development is 8356.49 m2.

The building would be constructed of concrete panels, aluminium glazed windows and colourbond roof. The walls would be painted in three colours complimenting existing industrial buildings in the area.

Two ramps located at each end of the site, would provide access to the lower level of units.  Separate driveways are proposed to access the upper level units directly from Yatala Road.  A total of 53 car spaces would be located in two levels to cater for the development.

The development includes an advertising directory board within the front setback measuring 6.48 m2 and one wall sign for each unit measuring 2.5 m2.

The proposed maximum number of staff within the complex would be 27. The operating hours of the premises would be 7:00am to 6:00pm Monday to Friday and 7:00am to 4:00pm Saturday. No works are proposed to be undertaken on Sundays or public holidays.

Strata subdivision of the industrial units is proposed.

 

ASSESSMENT

The development application has been assessed having regard to the ‘Metropolitan Plan for Sydney 2036’, 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).  The following issues have been identified for further consideration.

 

1.       STRATEGIC CONTEXT

 

1.1     Metropolitan Plan for Sydney 2036 and (Draft) North Subregional Strategy

 

The Metropolitan Plan for Sydney 2036 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 2036.  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 its preparation of the Comprehensive LEP by the end of 2012.

 

The Draft North 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 27 additional jobs in the locality.

 

2.       STATUTORY CONTROLS

 

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

 

2.1     Hornsby Shire Local Environmental Plan 1994

 

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

 

a.       to encourage economic growth and employment opportunities.

 

b.       to allow a broad range of light industrial, warehousing and other compatible land uses to locate within the area.

 

c.       To promote development that does not adversely impact upon the natural and built environment.

 

The proposed uses are defined as ‘Warehouse and distribution centres’ and ‘Subdivision’ under the HSLEP and are permissible in the zone with Council’s consent.

 

The proposed development would facilitate economic growth and employment opportunities, provide a compatible land use in the area and has been sited and designed to minimise further site disturbance to preserve the existing environment. Accordingly, the proposed development is consistent with the zone objectives.

 

Clause 15 of the HSLEP prescribes that the maximum floor space ratio (FSR) of development within the zone is 1:1.  The proposed FSR of 0.41:1 complies with this requirement.

 

Clause 18 of the HSLEP sets out heritage conservation provisions for Hornsby Shire.  The site is not identified as a heritage item and is not within a heritage conservation area.  Accordingly, Clause 18 does not apply.

 

2.2        Draft Comprehensive Hornsby Local Environmental Plan

 

At its meeting on 7 March 2012, Council resolved to endorse the draft Hornsby Local Environmental Plan (DHLEP) for public exhibition.  Under the DHLEP, the subject land would be zoned IN1 – General Industrial.  The proposed use is defined as “warehouse and distribution centre” and is permitted within the zone with Council’s consent.

 

The DHLEP would allow a maximum floor space ratio of 1:1 on the site. The proposal would comply with this requirement.

 

The maximum permissible height within the zone pursuant to the DHLEP would be 14.5m. The proposed building height is 15m and would not comply with this requirement. Given that the HSLEP does not include any height control for industrial developments and the proposed complies with the 3 storey height limit under the Industrial Lands Development Control Plan, the height of development is acceptable.

 

2.3        State Environmental Planning Policy No. 55 – Remediation of Land (SEPP 55)

 

SEPP 55 requires that Council must not consent to the carrying out of any development on land unless it has considered whether the land is contaminated or requires remediation for the proposed use. 

 

As discussed in the “Background” section of this report, the site has previous history of contaminated land uses. Fill containing asbestos was imported onto the site during 2006. The owner of the property had supplied Council with a “Non-Liquid Waste Assessment” and Classifications prepared by Sydney Environmental & Soil Laboratory in this regard. Clean up of the site was undertaken and an Asbestos Clearance Certificate was provided. Council was satisfied that the site was cleaned.

 

In November 2007, Council also received an environmental investigation report regarding soil contamination prepared by Golder Associates. The report found chemical concentrations of heavy metals and benzo(a)pyrene that exceed standards for off-site disposal existed on the site. However, the investigation report stated that the soil sampled is suitable for retention on-site for its intended use as a commercial/industrial property.

 

During 2007 – 2009, the Office of Environment and Heritage issued various clean-up notices for the site following illegal dumping of waste materials which caused pollution. Council has not received any final remediation documentation in respect of these notices. Accordingly, it is unclear whether the soil, as it currently exists, is contaminated.

 

Given that the site would be used for industrial purposes and that a major section of the developable area would be subject to excavation and soil disposal, the site would be suitable to redevelop subject to the following:

 

·           Submission of a validation report prior to the commencement of any works, stating that the site has been remediated to suit the proposed use.

 

·           Any soil removal from the site, as part of the remedial process, being classified in accordance with “Waste Classification Guidelines”.

 

These requirements are recommended as conditions of development consent.

 

2.4        State Environmental Planning Policy No. 44 – Koala Habitats

 

The provisions of State Environmental Planning Policy No. 44 apply to the development, as the total site area is greater than one hectare. The Policy requires an assessment of whether the site is a “potential koala habitat” which is defined as areas of native vegetation where at least 15% of the trees on site constitute koala feed trees.

 

The proposed building footprint would be located in a cleared area of the site and would not disturb any potential koala habitats. The application is assessed as satisfactory against the provisions of State Environmental Planning Policy No. 44.

 

2.5        State Environmental Planning Policy No. 64 (SEPP 64)

 

The application has been assessed against the requirements of SEPP 64. The proposed signs are categorized as “business identification signs”. In accordance with Clause 9 of the SEPP, the general advertising controls in the Policy do not apply to “business identification signs”.  However, irrespective of the type of sign proposed, Clause 8 of SEPP 64 requires assessment of a proposal against Schedule 1 – Assessment Criteria. This is discussed below.

 

2.5.1     Character of the area

 

The advertising signs are located within an industrial zone adjoining buildings with similar types of signage. The proposed signs are consistent with the character of the area.

 

2.5.2     Special areas

 

Special areas constitute environmentally sensitive areas, heritage areas, natural or other conservation areas, open space, waterways, rural landscapes or residential areas.

 

The site is located within an industrial area and does not constitute part of any special area.

 

2.5.3     Views and vistas

 

The signage would not project beyond the building envelope of the proposed building.  Accordingly, the proposed signs would not obscure or compromise important views, nor reduce the quality of vistas.

 

2.5.4     Streetscape, setting or landscape

 

The number and placement of the signs would reflect the role and function of the proposed building. Accordingly, the signs are considered compatible in regard to streetscape.

 

2.5.5     Site and building

 

The signs are to be affixed to the building and are proportionate to the size and scale of the building.

 

2.5.6     Associated devices and logos with advertising structures and Illumination

 

The proposed signs are non-illuminated and would not include any other advertising structures.

 

 

 

 

2.5.7     Safety

 

The proposed signs would not impede on pedestrian or vehicular travel paths.  Accordingly, the signs do not raise concern in regard to public safety.

 

The proposed signs are assessed as satisfactory with regard to Schedule 1 of SEPP 64.

 

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

 

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

 

2.6.1     Water Quality

 

The proposal does not involve a use that would have detrimental impact on the water quality of the site and the surrounding properties. Subject to conditions of consent requiring the installation of erosion and sediment control measures on the site during construction works, the development would not have an adverse impact on the water quality of the catchment.

 

2.6.2     Water Quantity

 

The proposed development includes an on-site detention system for stormwater management. Council’s engineering assessment concludes that the proposed stormwater management system is satisfactory.

 

The proposal would not result in a significant increase in stormwater runoff on site.

 

2.7        Industrial Lands Development Control Plan

 

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

 

Industrial Lands Development Control Plan

Control

Proposal

Requirement

Compliance

FSR

0.4:1

1:1

Yes

Height

2 storeys

3 storeys

Yes

Car parking

53 spaces

83 spaces

No

Site cover

34.3%

50%

Yes

Setbacks

 

Front

Side (West)

Side (South-east)

Rear

 

 

 

14-19m

8m

8m

110m

 

 

10m

10m

10m

0m

 

 

Yes

No

No

Yes

Landscaping

 

>10 m2

Minimum 10 m2 and @1 m2/employee

Yes

Signs

36.48 m2

71.7 m2

Yes

 

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

 

2.7.1     Site Cover

 

The proposed development complies with the site coverage requirements of the Industrial Lands DCP. The proposal is in keeping with the intensity of the surrounding industrial developments and is acceptable.

 

2.7.2     Design

 

The building design follows the natural slope of the land and proposes a lower ground floor which is stepped down the site reducing the overall bulk of the building when viewed from the street. The development would not dominate the existing streetscape in terms of its bulk and scale. The building includes an articulated façade treatment with a contemporary colour scheme and provides landscaping opportunities at the front.

 

The development would not result in overshadowing or have adverse amenity impacts on any future development on adjoining properties.  Given this, the design and scale are considered satisfactory.

 

2.7.3     Setbacks

 

The proposed development does not provide a 10m landscaped setback to the side boundaries of the property.  In this regard, it is noted that despite the site having a total area of 2ha, the developable area of the site is constrained due to the presence of significant bushland at the front and rear. Given that there is less opportunity to increase the building depth, the length of the building has been increased to optimise floor space.  This has resulted in the numerical non-compliance with regard to the side setbacks. Further, the building is sited to minimise disturbance to bushland at the front. The vegetation clumps in the central area of the frontage have high retention value. Accordingly, the two corners of the site are considered to be most suitable for locating the ramps, thus excluding landscaping opportunities in these areas.

 

The adjoining industrial development on the south-eastern side includes a landscaped strip along the common boundary between developments, which contributes to the provision of an appropriate screen between the two developments. A narrow landscape strip also exists along the boundary of the adjoining site to the west. Given the existing landscaping and the site constraints, the non-compliance with regard to the side setbacks is acceptable.

2.7.4     Landscaping

 

The proposal retains natural vegetation at the front and the rear providing sufficient landscaped areas within the site.

 

The Industrial Lands DCP requires that an employee outdoor eating and seating area be provided at the rate of 1m2 per employee with a minimum total area of 10 m2. The site does not include any additional common area for employees’ recreation apart from the landscaped area at the front. The applicant submits that common employee recreation areas have been provided for similar developments in Mount Kuring-Gai and such areas are not being used in practice given the nature of the uses.

 

The development includes balconies adjoining the office areas for each unit which would be available for employee recreation in the future. The proposal is considered satisfactory in this regard as the balconies are directly accessible from the office components of the development and would be convenient for future users.

 

2.7.5     Car Parking

 

Council’s Industrial Lands DCP requires that car parking be provided at a rate of 1/100m2 of Gross Leasable Industrial Floor Area (GLFA) for a development with office space less than 20% of the industrial floor space. Based on this, 83 spaces should be provided on site.  The development includes 53 car spaces, located in two levels fronting the industrial units, thus resulting in a deficiency of 30 car parking spaces on the site.

 

The application is supported by a Traffic and Parking Report which provides parking surveys of two industrial developments within the Mount Kuring-Gai industrial area at 9–15 Gundah Road and 22 Beaumont Road. Based on the survey results, the applicant submits that car parking for these developments was provided in accordance with Council’s requirements.  However, the parking demand required for each development is significantly less.  The surveys provided in the Traffic and Car Parking Report indicates that peak parking demand equates to one parking space/341.3m2 GLFA.

 

The applicant also submits that the proposed units would be predominantly used as ‘warehouse and distribution centres’. The height of the units, the sizes and the proportion of office spaces have been designed to suit this use. The Roads and Maritime Service (RMS) has conducted parking surveys for warehouses and concludes that the “the mean floor area per employee at the warehouses surveyed is 226m2” and that the “the mean and sample standard deviation figures were 338m2 and 280m2 respectively based on a sample of 10 sites”. Based on the above surveys, the RMS provides a parking requirement of 1.3 spaces per 100m2 gross floor area for factories and 1 space per 300m2 gross floor area for warehouses. 

 

Council’s traffic assessment of the proposal concludes that given the use of the industrial units within the site would be predominantly “warehouse and distribution centres”, a parking rate of 1/300 m2 GLFA is acceptable. Therefore, 53 spaces would be suitable to cater for the development.

 

To avoid complying development applications pursuant to the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 for change of use of “warehouse and distributions centres” to “light industries” which may result in a parking shortfall within the site, conditions of consent are recommended requiring that the approved development be solely used as “warehouse and distribution centres” and that 53 car spaces be associated within this use. Any change of use would require further development consent from Council and assessment of the parking provisions on the site.  Should the units be proposed to be used for higher traffic generating uses, additional car parking could be provided within the units, subject to internal alterations.

 

Due to the constraints of the site, a number of car spaces are located within the front setback. However, the car parking area would be screened by existing trees and proposed landscaping. This is not detrimental to the design of the development.

 

Loading bays are provided for individual units, being directly accessible from the driveway. Council’s engineering assessment of the proposal concludes that the design of the loading bays is satisfactory with regard to dimensions, truck turning areas, aisle widths and ramp gradients.

 

2.7.6     Acoustics

 

The proposed first uses of the industrial units are for warehouse and distribution centres. No heavy noise generating machinery would be installed in any of the units and therefore, the proposed uses would not generate unreasonable noise. The development is acceptable with regard to acoustics.

 

2.8     Car Parking Development Control Plan

 

The matter has been discussed in Section 2.7.5 of this report.

 

2.9     Access and Mobility Development Control Plan

 

The proposal has been assessed having regard to the relevant performance and prescriptive design requirements within Council’s Access and Mobility Development Control Plan.

 

The site includes barrier free access to all units and disabled car parking spaces. The proposal is assessed as satisfactory in this regard.

 

2.10      Outdoor Advertising Development Control Plan

 

The proposed signs have been assessed against the requirements of the Outdoor Advertising Development Control Plan.  The development proposes four wall signs, each sign not exceeding 2.5m2 and complies with the requirements of the Plan. The signs have been designed and located to reflect the future role and function of the building and have been incorporated into the architectural style of the development.

 

2.11      Waste Minimisation and Management Development Control Plan

 

A waste management plan has been provided for the construction stage of the development and is to be implemented in accordance with recommended conditions consistent with the Waste Minimisation and Management Development Control Plan.

 

Each industrial unit would store bins within the unit. Although the Waste Management Plan states that bins would be placed along the road for servicing, the site has been designed for heavy rigid vehicle access. It is anticipated that waste collection vehicles would be able to service bins from the loading docks, should the selected bin size prohibit carting the bin to the kerbside (i.e bin size greater than 240 litres).

 

Accordingly, the application is assessed as satisfactory with regard to waste management and collection.

 

2.12      Sustainable Water Development Control Plan

 

The Sustainable Water DCP aims to achieve the implementation of sustainable water practices into the management of development in the Hornsby Shire. The development achieves this outcome, as discussed under the heading SREP No. 20.

 

2.13   Section 94 Contributions

 

The proposal would result in the addition of 12 industrial units on the site. In accordance with Council’s Section 94 contributions Plan, the use would accommodate 167 full time employees on the site (at a rate of 1 worker/50 m2 GFA).

 

The applicant has advised that a maximum of 27 staff members would be accommodated on site at any one time (1 worker/309m2). To support this non-compliance, examples of similar developments in the Mount Kuring-Gai Industrial Area have been provided in the table below.

 

Address

No. of units

Gross Floor area

No. of employees

Employee/GLA

12-14 Beaumont Road

17

4,200 m2

28

1/247

 

22-24 Beaumont Road

15

20,000 m2

48

1/417

 

9-15 Gundah Road

12

24,000 m2

51

1/471

Average

 

 

 

1/379

 

Based on the average rate of employee/GLA, the maximum number of employees for 12 warehouses (GFA 8,356.49 m2) at Nos. 6 – 10 Yatala Road would be 22. Therefore, the applicant’s submission of 27 employees is generally consistent.

 

Council previously levied Section 94 Contributions for an industrial development at Nos. 22 – 24, Beaumont Road (DA/1690/2007) at the rate of 1 employee/333sq metres of the GFA. This followed a Class 1 Appeal at the Land and Environment Court. The applicant successfully argued that the Section 94 Contributions should be based on the actual number of staff to be employed within the premises. During the Court case, Council received legal advise from its solicitors. The Legal advice concurred with the applicant’s advice and Council agreed to reduce Section 94 contributions based on the actual staff numbers.

 

Given the history and the legal advice received by Council previously, Section 94 contributions for this development have been levied considering the staff numbers to be 27, the requirement being recommended as a condition of consent.

 

3.       ENVIRONMENTAL IMPACTS

 

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

 

3.1        Natural Environment

 

3.1.1     Ecological Impacts

 

The site comprises significant bushland consistent with the Silvertop Ash- Scribbly Gum Woodland vegetation community. The front section of the site parallel to Yatala Road includes clumps of significant native vegetation among weed species. Two types of threatened species Persoonia mollis spp. Maxima and Darwinia biflora are present in this section of the site. The roadside remnant vegetation is undergoing natural regeneration with many juvenile native trees including Allocasuarina littoralis, Acacia parramatensis, Corymbia gummifera and Eucalyptus sieberi and shrubs occurring in this corridor.

 

The proposal includes the retention of the significant undisturbed bushland covering almost 50% of the site at the rear. Additionally, the lower ground level of the proposed development is setback 6 metres from the frontage to avoid any excavation within the central section of the vegetation corridor. The native trees, threatened species and shrubs are proposed to be retained within the “Natural Regeneration Area” as marked on the Landscape Plan. Driveways and ramps are proposed at the two corners where the vegetation is not considered to be significant. The driveways to the upper floor would be suspended to avoid filling and adverse impact on the trees in the vicinity.

 

The proposed development would require widening of Yatala Road to provide a 13m wide carriageway. The associated kerb, guttering works and the construction of a footpath adjoining the site would result in filling of land within the road reserve adjoining the vegetation corridor. This would impact on a number of trees located along the frontage that are considered to be significant. However, given the necessity of infrastructure works to facilitate any industrial development within the zone, this is considered acceptable. Conditions of consent are recommended to ensure retention of the threatened species and significant natural vegetation occurring close to the road reserve where possible. Replacement planting is recommended to compensate the loss of significant trees in the Vegetation Management Plan.

 

Council’s assessment of the proposal with regard to its impact on the existing natural vegetation concludes that the proposal is satisfactory subject to the implementation of the Vegetation Management Plan.  However, the application does not include appropriate level of details regarding management of the threatened species and the significant vegetation in the front section of the site (6m wide corridor). In order to ensure appropriate management of the vegetation and the threatened species, a deferred commencement condition is recommended requiring amendment to the Vegetation Management Plan and the “Site and Landscape Plan”. The plans would require approval from Council prior to the consent being operative.

 

3.1.2     Stormwater Management

 

The application includes details of soil and stormwater management for the proposed development. Council’s Engineering assessment concludes that the proposal is satisfactory subject to the implementation of conditions of consent. The proposed stormwater devices would not have any adverse impact on the bushland located at the rear of the site.

 

3.2       Built Environment

 

3.2.1     Streetscape

 

The proposal would be located fronting Yatala Road at a lower level. As discussed in Section 2.7 of this report, the development would present a well articulated built form to the streetscape and have a single storey appearance, when viewed from Yatala Road. The character of the building blends with the industrial character of the area and would have a positive impact on the built environment.

 

3.2.2     Views

 

The proposed development would not be visible from the Berowra Heights or Mount Colah residential areas. The development would not have a negative impact on the residential or other sensitive areas due to its location.

 

3.2.3     Traffic

 

The development would generate an acceptable level of traffic having regard to the road network and provides for off-street car spaces within the site. The non-compliance regarding provision of car spaces within the site has been discussed in Section 2.7 of this report. The submitted plans demonstrate compliance with the ramp grades in accordance with the relevant Australian Standards. Both the levels facilitate access by heavy rigid vehicles and include appropriate manoeuvring facilities.

 

3.3       Social and Economic Impacts

 

As the site is currently vacant, the land is not presently yielding any employment. The complex would provide employment opportunities and would have associated positive social and economic impacts on the locality.

 

4.         SITE SUITABILITY

 

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

 

4.1        Bushfire Risk

 

The land is identified as being subject to bushfire risk. The application was referred to NSW Rural Fire Service for comments. No objections have been raised subject to the implementation of recommended conditions. 

 

 

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 26/01/2012 and 16/02/2012 in accordance with Council’s Notification and Exhibition Development Control Plan.  During this period, Council received no submissions. The map below illustrates the location of the site and the notified properties.

 

NOTIFICATION PLAN

 

 

 

•       PROPERTIES NOTIFIED

 

 

 

 

X      SUBMISSIONS

         RECEIVED

 

 


          PROPERTY SUBJECT OF DEVELOPMENT

 

 

5.2        Public Agencies

 

The development application is Integrated Development under the Act.  Accordingly, the application was referred to the following Agencies for comment:

 

5.2.1     Rural Fire Service

 

NSW Rural Fire Service reviewed the application and raised no objections subject to the implementation of recommended conditions of consent.

 

5.2.2     Office of Environment and Heritage

 

The Office of Environment and Heritage was notified as an adjoining property owner as the site adjoins Berowra Valley Regional Park. No comments have been received from the Office.

 

6.         THE PUBLIC INTEREST

 

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

 

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

 

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

 

CONCLUSION

The application proposes the erection of an industrial building comprising twelve units in two levels accessed from Yatala Road, 53 car spaces and strata subdivision.

 

This application has been assessed having regard to the matters for consideration under Section 79C(1) of the Act, Hornsby Shire Local Environmental Plan, relevant State Environmental Planning Policies, Sydney Regional Environmental  Plan No. 20 and relevant Development Control Plans.

 

The proposed uses comply with the definition of ‘warehouse and distribution centres’ and would not have an unreasonable impact on the existing environment with regard to noise, air or water quality as no manufacturing is included. The proposed location of the building would retain significant natural vegetation at the front and rear of the site.

 

The proposal does not comply with Council’s Industrial Lands DCP with regard to the provision of car spaces on site. However, given the proposed use, the non-compliance is considered acceptable. The proposal complies with the objectives of the elements within the Industrial Lands DCP and would result in a positive social and economic impact on the locality.

 

The design provides for variable building setbacks to the front and side property boundaries, a well articulated building façade and the proposal is considered to provide a reasonable outcome for the subject site and surrounding land uses through consideration of height, design and landscaping provided. 

 

Approval of the application is recommended as a deferred commencement.

 

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

 

 

 

 

 

Rod Pickles

Manager - Development Assessment

Planning Division

 

 

 

 

James Farrington

Group Manager

Planning Division

 

 

Attachments:

1.View

Locality Map

 

 

2.View

DA Plans

 

 

3.View

Floor Plans

 

 

4.View

Elevation and Section

 

 

 

 

File Reference:           DA/24/2012

Document Number:     D01998843

 

 

 


SCHEDULE 1

1.   Deferred Commencement

Pursuant to Section 80(3) of the Environmental Planning and Assessment Act 1979, this consent does not operate until the following information is submitted to Council:

 

a.      The approved Site Plan and Landscape Plan – Dwg no. 9B prepared by Northco Construction and Landscape Designs Pty Ltd  must be amended to include the following specifications and submitted to  Council’s Natural Resources Unit and Tree Management Team for approval:

 

·          Details of the location and retention of the threatened plant Darwinia biflora;

 

·          Details of all trees to be retained within the vegetation corridor at the front (not 6 native trees as marked in the current Landscape Plan);

·          A Tree Protection Plan identifying the location of Tree Protection Fencing within the approved vegetation corridor at the front and detailing any tree sensitive construction techniques proposed to minimise impacts on retained trees. The plan must be consistent with the Australian Standard AS 4970-2009 - Protection of Trees on Development Sites and the specified Tree Protection measures provided in the conditions of this development consent.

·          Details of the fencing as required by Condition 12 of this development consent incorporated in the Tree Protection Plan. All other plans and documents required for demolition works, bulk earth works, construction works and landscape works must include the details of the tree protection fencing.

 

·          A statement indicating that the planting, weed control and maintenance works shall be undertaken by a qualified and experienced bush regeneration company who would be implementing the requirements of the Vegetation Management Plan for the remainder of the site; and

 

·          Deletion of any reference to a non indigenous species (e.g. Callistemon cultivar).

 

b.      The Vegetation Management Plan (VMP) prepared by Gordon Limburg dated 7/07/2012 is to be amended and submitted to Council’s Natural Resources Unit for approval. The amended VMP must include the following information:

 

·          Updated plan and map to include the area proposed for native bushland and retention for Persoonia mollis ssp. maxima plant and recently recorded Darwinia biflora at the road site frontage of the site.

 

·          A map that describes the management zones for the VMP.

 

·          Restoration advice and techniques for the regeneration of the soil seed bank and weed control at the road frontage.

 

·          Revised monitoring/ reporting schedule that includes a reporting schedule to Council for compliance purposes.

 

·          A map showing designated areas for management and threats to adjacent bushland from proposed infrastructure (e.g. stormwater and runoff drainage), weed management zones and location of threatened species and their habitat.

 

·          Erosion, sediment and stormwater runoff controls including the management of impacts of run-off from all impervious surfaces including driveway and pavement areas.

 

·          A statement indicating that all works shall be undertaken by a suitably qualified and experienced bush regeneration company (minimum Certificate 3 in Natural Area Restoration). This shall also be incorporated into the amended and forthcoming Landscape Plan.  

 

Note 1:  Refer to Council Guidelines for the preparation of Bushland Management and Restoration Plans (on Council’s website http://www.hornsby.nsw.gov.au/planning-and-building/planning-controls-and-studies/policies,-guides-and-best-practices) for industry standards required for the preparation of such documents.

 

Such information shall be submitted within 12 months of the date of this notice.

 

Upon Council’s written satisfaction of the above information, the following conditions of development consent will apply:

 

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 relevant legislation, planning instruments and Council policies affecting the land and does not disrupt the amenity of the neighbourhood or impact upon the environment.

 

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.

2.       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

Tree Plan – Issue C

Survey Plus

11/11/2011

Site Plan – 1B

Nexus Design Pty Ltd

June 2012

Level A Floor Plan – 2A

Nexus Design Pty Ltd

June 2012

Level A Floor Plan – 3A

Nexus Design Pty Ltd

June 2012

Level C Floor Plan – 4B

Nexus Design Pty Ltd

June 2012

Level C Floor Plan – 5A

Nexus Design Pty Ltd

June 2012

Roof Plan – 6A

Nexus Design Pty Ltd

June 2012

Elevations – 7B

Nexus Design Pty Ltd

June 2012

Sections – 8A

Nexus Design Pty Ltd

June 2012

Management Map for Vegetation Management Plan - 13

Nexus Design Pty Ltd

July 2012

Soil and Water Management Details – 10

Nexus Design Pty Ltd

November 2011

Soil and Water Management Plan - 11

Nexus Design Pty Ltd

November 2011

Draft Strata Plan-12A

Nexus Design Pty Ltd

June 2012

Stormwater Management Plan- SW1A

Civil Engineering Services Consulting Engineers

12/06/2012

Level C Concept Stormwater Management Plan- SW2A

Civil Engineering Services Consulting Engineers

12/06/2012

Site Plan and Landscape Plan – 9B

Northco Constructions and Landscape Designs

 -Received by Council on 18/07/2012

 

Document No.

Prepared by

Dated

Bushfire Hazard Assessment Report  - 120498

Building Code and Bushfire Hazard Solutions Pty Ltd

21/012/2011

Traffic and Parking Report

Ray Dowsett Traffic and Transport Planning Pty Ltd

3/01/2012

Waste Management Plan

Industrial Parks of Australia

10/01/2012

Schedule of Finishes

 -

-

Flora and Fauna Assessment Report

Cumberland Ecology

May 2012

Vegetation Management Plan

Gordon Limburg

7/07/2012

3.         Removal of Existing Trees

a.      This development consent permits the removal of the following trees within and in the vicnity of the 6m wide vegetation corridor along the frontage of the site as marked on the Tree Plan prepared by Survey Plus dated 11/11/2011:

 

·          9 trees located  within 1m setback of the southern edge of the vegetation corridor  identified in the Site Plan and Landscape Plan – 9B prepared by Northco Constructions and Landscape Designs (as amended by Condition1 of this development consent);

 

·          6 trees located within the vegetation corridor in front of the property as identified in Site Plan and Landscape Plan – 9B prepared by Northco Constructions and Landscape Designs (as amended by Condition 1 of this development consent);

 

·          Trees within 500mm of the entry and exit driveways.

 

b.      All trees that are permitted to be removed are to be cut to ground only not effecting the root system.

 

c.      T1150 marked on the approved “Site Plan and Landscape Plan – 9B prepared by Northco Constructions and Landscape Designs (as amended by Condition 1 of this development consent) is permitted to be removed in accordance with the following conditions:

 

·          The work must be undertaken by a Tree surgeon with a minimum qualification AQF Level 3 (Tree Surgeon).

 

·          The Tree Surgeon and any worker involved in landscaping, tree removal or related works within 10m of the vegetation corridor must provide evidence in writing to the certifier that they are aware of the identified threatened species onsite and the species locations prior to any works.

 

·          The threatened species are to be physically identified and protected prior to any works.

 

·          The tree 1150 is to be removed in sections so that the tree stump is retained at a minimum 3m height.

 

The removal of any other trees requires separate approval under Council’s Tree Preservation Order.

 

REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

4.       Building Code of Australia

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

5.       Water/Electricity Utility Services

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

 

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

 

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

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

6.       Preservation of Survey Infrastructure

A registered surveyor must identify all survey marks in the vicinity of the proposed development. Any survey marks required to be removed or displaced as a result of the proposed development shall be undertaken by a registered surveyor in accordance with Section 24 (1) of the Surveying and Spatial Information Act 2002 and following the Surveyor General’s Directions No.11 – "Preservation of Survey Infrastructure". 

 

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

7.         Site remediation verification

a.      The applicant must provide documentation from a suitably qualified environmental consultant verifying that the site has been remediated in accordance with the NSW Environment Protection Authority’s Contaminated Sites – Guidelines for Consultants Reporting on Contaminated Sites, the Contaminated Sites- Sampling Design Guidelines Contaminated Sites – Guidelines for the NSW Site Auditor.

 

b.      A validation report must be prepared by a suitably qualified environmental consultant in accordance with the NSW Environment Protection Authority’s Contaminated Sites – Guidelines for Consultants Reporting on Contaminated Sites and Contaminated Sites – Sampling Design Guidelines validating that the proposed development has been remediated and is suitable for its intended use.

8.         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, and

 

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.

9.         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.

10.        Toilet Facilities

Toilet facilities must be available or provided at the works site before works begin and must be maintained until the works are completed 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.      be a temporary chemical closet approved under the Local Government Act, 1993; or

 

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

11.        Erosion and Sediment Control

Erosion and sediment control measures must be provided and maintained throughout the demolition (if any), earthworks and 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 1:      On the spot penalties up to $1,500 may be issued for any non-compliance with this requirement without any further notification or warning.

 

Note 2:      The erosion and sediment control measure ensure the protection of the adjacent bushland and the native fauna habitat.

12.        Tree Protection Barriers

Tree Protection barriers must be installed as per the following requirements:

 

a.      The tree fencing must be constructed of 1.8 metre ‘cyclone chainmesh fence’ or high visibility fencing.

 

b.      The front property boundary and the location of the two (2) approved driveways and crossovers is to be clearly defined and marked prior  to the commencement of works.

 

c.      Tree Protection Fencing must encompass the central section of the vegetation corridor at the front of the property, identified by diagonal lines as “restricted development area” on the approved Site and Landscape Plan – 9B prepared by Northco Constructions and Landscape Designs and be located 1m outside the property boundary along Yatala Road frontage between the two (2) approved accesses, entry crossovers. The internal section of the fencing must be at a minimum distance of 6m from the front property boundary (7m from the above external fencing) and shall run parallel to the boundary between the two access, entry driveways. No works are permitted in this area unless otherwise specified by conditions of this development consent.

 

d.      Tree Protection Fencing must encompass the “Natural regeneration and Planting area” identified on Site and Landscape Plan – 9B prepared by Northco Constructions and Landscape Designs located at the two corners in front of the site. No works are permitted in this area unless specified in the approved plans or conditions of this development consent.

 

e.      A 1.8m high cyclone or high visibility fencing be erected to protect the “restricted development area” marked by diagonal lines in the “Management Map for Vegetation Management Plan – 13” prepared by Nexus Design Pty Ltd,  located at the rear of the site.

 

f.       The engaged bush regeneration contractor must determine the exact location of threatened plants prior to installation of the fencing around the plants in accordance with the approved VMP and the Site Plan and Landscape Plan - Dwg 9B (as amended by condition 1 of this development consent).

 

Note:    A certificate from the site foreman is to be submitted to the Principal Certifying Authority stating that all tree protection measures are in accordance with the above prior to commencement of works.

 

REQUIREMENTS DURING CONSTRUCTION

13.        Construction Work Hours

All work on site (including demolition and earth works) must only occur between  7am and 5pm Monday to Saturday.

 

No work is to be undertaken on Sundays or public holidays.

14.        Street Sweeping

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

15.        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.

16.        Works near Trees

All required tree protection measures are to be maintained in good condition for the duration of the construction period to protect the adjoining trees and associated bushland from clearing and damage by equipment, vehicles or by stockpiling of materials.

 

All works (including cut or fill for driveways, road-works and retaining walls) within 3m of any trees required to be retained (whether or not on the subject property, and pursuant to this consent or the Tree Preservation Order), must be carried out under the supervision of an ‘AQF Level 5 Arborist’ and a certificate submitted to the principal certifying authority detailing the methods used to preserve the trees.

 

Note:    Except as provided above, the applicant is to ensure that no excavation, filling or stockpiling of building materials, parking of vehicles or plant, disposal of cement slurry, waste water or other contaminants is to occur within four metres (4m) of any tree to be retained.

17.        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.

18.        Disturbance of Existing Site

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

19.        Landfill

Landfill must be constructed in accordance with Council’s ‘Construction Specification, 2005’ and the following requirements:

 

a.      All fill material imported to the site is to wholly consist of Virgin Excavated Natural Material (VENM) as defined in Schedule 1 of the Protection of the Environment Operations Act 1997 or a material approved under the Department of Environment and Climate Change’s general resource recovery exemption.

20.        Excavated Material

All excavated material removed from the site must be classified in accordance with the Department of Environment, Climate Change and Water NSW Waste Classification Guidelines prior to disposal to an approved waste management facility and reported to the principal certifying authority.

21.        Contamination during construction works

Should the presence of asbestos or soil contamination, not recognised during the application process be identified during demolition, the applicant must immediately notify the Principal Certifying Authority and Council.

22.        Waste Management

Waste management during the demolition and construction phase of the development must be undertaken in accordance with the approved Waste Management Plan. Additionally written record of the following items must be maintained during the removal of any waste from the site and such information submitted to the Principal Certifying Authority within fourteen days of the date of completion of the works:

a.      The identity of the person removing the waste.

 

b.      The waste carrier vehicle registration.

 

c.      Date and time of waste collection.

 

d.      A description of the waste (type of waste and estimated quantity).

 

e.      Details of the site to which the waste is to be taken.

 

f.       The corresponding tip docket/receipt from the site to which the waste is transferred   (noting date and time of delivery, description (type and quantity) of waste).

 

g.      Whether the waste is expected to be reused, recycled or go to landfill.

 

Note: In accordance with the Protection of the Environment Operations Act 1997, the definition of waste includes any unwanted substance, regardless of whether it is reused, recycled or disposed to landfill.

23.        Bushland Protection During Construction

To ensure the protection of bushland during construction, the applicant must:

 

a.      Clean machinery of soil and debris before entering the site to prevent the spread of weeds and fungal pathogens such as Phytophthora cinnamomi and Batrachochytrium dendrobatidis.

 

b.     Only apply certified weed free mulch in landscaped areas identified by the bush regeneration contractor as having no native resilience and limited native regeneration potential.

 

c.     Undertake no works within the “Restricted Development Areas” marked in the “Management Map for Vegetation Management Plan – 13” prepared by Nexus Design Pty Ltd unless specified by other conditions of this development consent.

 

Note 1:      Mulch suppresses the existing soil seed bank. Therefore, no mulch is to be applied within areas that the bush regeneration contractor considers to have native regeneration potential – particularly near the threatened plants along the road frontage.   

 

Note 2:      The site contains Persoonia mollis ssp and Darwinia biflora which are listed as ‘Threatened Species’ under the ‘Threatened Species Conservation Act 1995’.  The Act prohibits the disturbance to threatened species, endangered populations and endangered ecological communities, or their habitat, without the approval of the ‘Department of Environment and Climate Change’ where such activities are not authorised by a development consent under the ‘Environmental Planning and Assessment Act 1979’.

 

Actions such as tree removal, understorey slashing or mowing, removal of dead trees within this vegetation would likely impact upon the Threatened species.  Such action would qualify as illegally picking or disturbing the habitat and could render any person who carried out such action as liable for prosecution.

 

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

Note:       For the purpose of this consent, a reference to ‘occupation certificate’ shall not be taken to mean an ‘interim occupation certificate’ unless otherwise stated.

 

24.        Sydney Water – s73 Certificate

A s73 Certificate must be obtained from Sydney Water.

25.        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.      Details of all works must be submitted with the Construction Certificate Plans.

 

b.      Run off dispersed at 5 year ARI predevelopment rate for up to 100 year ARI storms  through an on site absorption or on-site-detention system.

 

i.       The absorption trench located a minimum of 5 metres from any down stream property boundaries and 1 metre from the side boundaries.

 

ii.       The trench laid on contour.

 

iii.      The trench be a minimum of 0.5 metres wide, 0.5 metres deep.

 

a.      Overland flow from the trench be spread evenly so as not to discharge water in a concentrated manner onto adjoining land.

 

b.      All calculations in regards to absorption capacity of the ground, length of the absorption trench and weir flow are to be shown and meet the objective of disposal of stormwater at 5 year pre development rate.   

26.        Internal Driveway/Vehicular Areas

The driveway and parking areas on site must be designed in accordance with Australian Standards 2890.1, 2890.2, 3727 and the following requirements:

 

a.      Details of all works must be provided on the Construction Certificate Plans.

 

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

 

c.      The driveway be a rigid pavement and built to commercial development crossings standard in accordance with Council’s Civil works Specifications of 2005.

 

d.      Retaining walls required supporting the carriageway and the compaction of all fill batters to be in accordance with the requirements of a chartered structural engineer.

 

e.      The provision of safety rails where there is a level difference more than 0.3 metres and a 1:4 batter can not be achieved.

27.      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.      Details of all works must be submitted with the Construction Certificate Plans.

 

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

28.      Road Works

All road works approved under this consent must be constructed in accordance with Council’s Civil Works Design and Construction Specification, 2005 and the following requirements:

 

a.      The carriageway of Yalata Road, in front of the development site is to be extended from the existing section to become 13m from kerb to kerb together with drainage and kerb and guttering.

 

b.      The kerb and gutter alignment are be in line with the adjoining development on the eastern side. On the western side and at middle of the lot frontage, the alignment is to be set with 13m wide carriageway from the existing kerb associated with the driveway to property at Nos. 19-23 Beaumont Road.

 

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

 

d.      The submission of a compaction certificate from a geotechnical engineer for any fill within road reserves, and all road sub-grade and road pavement materials.

 

e.      A construction certificate application is to be submitted to Council for approval of construction plans of the road works and inspection (Council is the only authority who can approve works on Council roads).

29.      Traffic Control Plan

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

 

a.      Arrangements for public notification of the works.

 

b.      Temporary construction signage.

 

c.      Permanent post-construction signage.

 

d.      Vehicle movement plans.

 

e.      Traffic management plans.

 

f.       Pedestrian and cyclist access/safety.

30.      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.

31.      Restriction as to User – Protection of Land from Future Development

To inform current and future owners that the areas of native vegetation and habitat on the site is to be protected from future development, a Restriction-as-to-User must be created under Section 88B of the Conveyancing Act 1919 identifying that the area of the site identified by diagonal lines on the “Management Map for Vegetation Management Plan – 13” prepared by Nexus Design Pty Ltd and marked as ‘Restricted Development Area’ is restricted from future development or disturbance of any kind except where approved by conditions of this development consent.

 

Note 1:    The wording of the Restriction-as-to-User must be to Council’s satisfaction and Council is to be nominated as the authority to release, vary or modify the Restriction.

 

Note 2:    The intent of the Restriction-as-to-user is to preserve the remnant bushland, where no building work including paving, excavation or construction, no removal of native vegetation (trees, shrubs and groundcovers) except those trees identified in the conditions of consent, no stockpiles, no changes to soil aeration or hydrological capacity, no open cut trenching, no placement of temporary buildings, no parking or movement of machinery, no spillage/disposal of building waste, no agricultural uses are to occur except for access required for construction and maintenance of approved works. Any landform modification or clearing of bushland in this designated area requires written consent from Council.

 

Note 3:    The “natural regeneration and planting areas” identified in the plan at the two corners in front are excluded from this restricted development area.

32.      Creation of Easements

The following matters must be nominated on the plan of subdivision under s88B of the Conveyancing Act 1919:

 

a.      The creation of an appropriate "Positive Covenant" and "Restriction-as-to-User" over the constructed on-site absorption/detention systems and outlet works, within the lot in favour of Council in accordance with Council’s prescribed wording for maintenance of the system.  The position of the on-site absorption/detention system is to be clearly indicated on the title. The 5 year ARI pre development rate is to be nominated with storage volume (if OSD is constructed) in the covenant.

 

b.      To register the on site absorption/detention system easement, the restriction on the use of land “works-as-executed” details of the system must be submitted verifying that the required absorption area/storage and discharge rates have been constructed in accordance with the design requirements.  The details must show the invert levels of the system together with details of trenches/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.

 

c.      Creation of an appropriate “Positive Covenant” and “Restriction-as-to-user” in the area marked by diagonal lines as identified as “Restricted development area” on the approved plan “Management Map for Vegetation Management Plan – 13” prepared by Nexus Design. The covenant must specify that the remaining bushland retained within the Restricted Development Area be managed in accordance with the approved Vegetation Management Plan  (as amended by Condition 1 of this development consent) that applies to the subject site. The implementation of actions specified within the Vegetation Management Plan for the Restricted Development Area shall be the responsibility of the Community Association. 

 

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

33.      Garbage Collection Easement

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

 

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

34.      Waste Management Details

The following waste management requirements must be complied with:

 

a.      A report must be prepared by an appropriately qualified person, certifying the following:

 

i.       A comparison of the estimated quantities of each waste type against the actual quantities of each waste type.

 

Note: Explanations of any deviations to the approved Waste Management Plan is required to be included in this report

 

ii.       That at least 60% of the waste generated during the demolition and construction phase of the development was reused or recycled.

 

Note: If the 60% diversion from landfill cannot be achieved in the Construction Stage, the Report is to include the reasons why this occurred and certify that appropriate work practices were employed to implement the approved Waste Management Plan. The Report must be based on documentary evidence such as tipping dockets/receipts from recycling depots, transfer stations and landfills, audits of procedures etc. which are to be attached to the report.

35.      Works as Executed Plan

A works-as-executed plan must be prepared by a registered surveyor and submitted to Council for completed road works, kerb & gutter, drainage systems and driveways.

36.      Certificate of Preservation of Survey Marks

A certificate by a Registered Surveyor shall be submitted to the Principal Certifying Authority, certifying that there has been no removal, damage, destruction, displacement or defacing of the existing survey marks in the vicinity of the proposed development or otherwise the re-establishment of damaged, removed or displaced survey marks has been undertaken in accordance with the Surveyor General’s Direction No.11 – “Preservation of Survey Infrastructure”.

37.      Section 94 Infrastructure Contributions

The payment to Council of a contribution of $58064.35 for twenty-seven employees towards the cost of infrastructure identified in Council’s Development Contributions Plan 2007-2011.

 

Note:    The value of contribution is based on a rate of $2150.60 per employee, and is current as at 1 September 2012.  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.

38.      Consolidation of Allotments

All allotments the subject of this consent must be consolidated into one allotment.

 

Note:    The applicant is recommended to submit the plan of subdivision to consolidate allotments to the NSW Department of Lands at least 4-6 weeks prior to seeking an occupation certificate.

 

OPERATIONAL CONDITIONS

39.      Advertising Signs

The advertising signage approved under this consent must not be illuminated, flash, move or display electronic images.

40.      Car Parking and Deliveries

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

 

a.      A total of 53 car spaces must be provided on the site associated with the ‘warehouse and distribution centres’.

 

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

 

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

 

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

 

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

41.      Use of Premises

The development approved under this consent shall be used as follows:

 

a.      All units must be solely used as “warehouse and distribution centres”

 

Any change to the proposed use would require further development consent from Council.

42.      Hours of Operation

The hours of operation of the premise are restricted to those times listed below:

 

Monday to Friday                 7 am to 6 pm

Saturday                             7 am to 4 pm

Sunday & Public Holidays     No work

43.      Waste Records

All commercial tenants must keep written evidence on site of a valid contract with licensed waste contractors for the regular collection and disposal of the waste and recyclables that are generated on site.

44.      Fire Safety Statement - Annual

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

45.      Noise

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

46.      Trade Waste

Liquid trade waste generated on the site must be discharged in accordance with a trade waste agreement with Sydney Water and by a licensed liquid trade waste contractor.

47.      Maintenance of Wastewater Device

All wastewater and stormwater treatment devices (including drainage systems, sumps and traps) must be regularly maintained in order to remain effective.  All solid and liquid wastes collected from the device must be disposed of in accordance with the Protection of the Environment Operations Act 1997.

GENERAL TERMS OF APPROVAL – NSW RURAL FIRE SERVICE

 

The following conditions of consent are General Terms of Approval from the nominated State Agency pursuant to Section 91A of the Environmental Planning and Assessment Act 1979 and must be complied with to the satisfaction of that Agency.

48.      Asset Protection Zones

Prior to the issue of the Occupation Certificate, the following matter must be nominated on the property title under s88B of the Conveyancing Act 1919

 

The creation of a “Positive Covenant” over the consolidated allotment requiring that the property around the building up to a distance of 10 metres must be managed as an Inner Protection Area (IPA) as outlined within Section 4.1.3 and Appendix 5 of Planning for Bushfire Protection 2006 and the NSW Rural Fire Service’s document ‘Standards for asset protection zones’.

 

Note 1:      The intent of this measure is to provide sufficient space and to maintain reduced fuel loads so that the radiant heat levels of the building are below critical limits and to avoid direct flame contact with the building.

 

Note 2:      The provision of Asset Protection Zone does not permit removal of trees unless otherwise specified by conditions of this development consent.

49.      Design and Construction

a.      New construction on the southeast, southwest and northwest elevations must comply with section 9 (BAL-FZ) Australian Standard 3959-2009 ‘Construction of buildings in bushfire prone areas’. If any material, element of construction or system when tested to the method described in Australian Standard AS1530.8.2 ‘Methods for fire tests on building materials, components and structures’ Part 8.2: ‘Tests on elements of construction for buildings exposed to simulated bushfire attack—Large flaming sources’, it must comply with Clause 13.8 of the Standard except that flaming of the specimen is not permitted and there shall be no exposed timber.

 

b.      Window assemblies on the southeast, southwest and northwest elevations must comply with any one of the following:

 

i)       Clause 9.5.2 of AS 3959-2009 as modified in condition 49(a);

 

Or

 

ii)       The following requirements:

 

·          Completely protected by a non-combustible and non perforated shutter that complies with Section 3.7 of AS3959-2009 excluding parts (e) & (f);

 

·          Window frames and hardware must be metallic;

·          Glazing must be toughened glass minimum 6mm;

·          Seals to stiles, head and sills or thresholds shall be manufactured from materials having a flammability index no greater than 5 or from silicone; and

 

·          The openable portion of the window must be screened internally or externally with screens that comply with Clause 9.5.1A;

 

c.      External Doors and door frames (not including garage doors) on the southeast, southwest and northwest elevations must comply with any one of the following:

 

i)       Clause 9.5.3 or 9.5.4 of AS 3959-2009 as modified in Condition 49(a);

 

Or

 

ii)       The following requirements:

 

·          Completely protected by a non-combustible and non perforated shutter that complies with Section 3.7 of AS3959-2009 excluding parts (e) & (f);

 

·          Doors must be constructed of non-combustible materials;

 

·          Externally fitted hardware that supports the panel in its function of opening and closing and door frames must be metallic;

 

·          Where doors incorporate glazing, the glazing must be made of toughened glass, minimum 6mm;

·          Seals to stiles, head and sills or thresholds must be manufactured from materials having a flammability index no greater than 5 or from silicone;

 

·          Doors must be tight fitted to the doorframe and to an abutting door if applicable; and

 

·          Weather strips, draught excluders or draught seals must be installed at the base of side-hung external doors.

 

d.      New construction on the northeast elevation must comply with section 8 (BAL 40) Australian Standard AS3959-2009 'Construction of buildings in bush fire-prone areas'.

 

e.      Roofing must be gutterless or guttering and valleys are to be screened to prevent the build up of flammable material. Any materials used shall be non-combustible.

 

- 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:

 

·           The issue of 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 to be 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 3 metres of the approved building envelope without the prior written consent from Council. 

 

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

 

All distances are determined under Australian Standard AS4970-2009 ”Protection of Trees on Development Sites”.

 

Fines may be imposed for non-compliance with Council’s Tree Preservation Order.

 

Disability Discrimination Act

 

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

 

Covenants

 

The land upon which the subject building is to be constructed may be affected by restrictive covenants.  Council issues this approval without enquiry as to whether any restrictive covenant affecting the land would be breached by the construction of the building, the subject of this consent.  Applicants must rely on their own enquiries as to whether or not the building breaches any such covenant.

 

Tenancy Fit-Out – Separate DA Required

 

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

 

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.

 


 

Planning Report No. PL25/12

Planning Division

Date of Meeting: 17/10/2012

 

15      DEVELOPMENT APPLICATION - MEDIUM DENSITY DEVELOPMENT COMPRISING 14 TOWNHOUSES 2 - 6 KITA ROAD & 148 BEROWRA WATERS ROAD, BEROWRA HEIGHTS   

 

 

EXECUTIVE SUMMARY

DA No:

DA/599/2012

Description:

Demolition and construction of a medium density multi-unit housing development comprising 14 two storey townhouses with car parking and strata subdivision

Property:

Lot 1, 2, 3, 4 DP 232401, Nos. 2-6 Kita Road and 148 Berowra Waters Road, Berowra Heights

Applicant:

Kita Developments Pty Ltd

Owner:

Mr Peter Garrett, Pamm (NSW) Pty Ltd and Assure NSW Pty Ltd

Estimated Value:

$ 2.5 million

Ward:

A

 

·              The application proposes demolition and erection of a medium density multi-unit housing development comprising 14 two-storey townhouses, car parking and strata subdivision.

 

·              The proposal generally complies with the provisions of the Hornsby Shire Local Environmental Plan 1994. The proposal does not comply with the provisions of the Turner Road Commercial Centre Masterplan.

 

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

 

·              It is recommended that the application be approved.

 

 

RECOMMENDATION

THAT Development Application No. 599/2012 for demolition and construction of a medium density multi-unit housing development comprising 14 two storey townhouses with car parking and strata subdivision at Lot 1, 2, 3, 4 DP 232401, Nos. 2-6 Kita Road and No. 148 Berowra Waters Road, Berowra Heights be approved subject to the conditions of consent detailed in Schedule 1 of Group Manager’s Report No. PL25/12.

 

 

BACKGROUND

 

The site has a history of low density residential use.

 

On 18 December 2002, Council refused DA/1986/2002 for demolition of existing structures and erection of a multi-unit housing development comprising seventy four dwellings at Nos. 2 - 12 Kita Road, Berowra Heights.

 

On 6 April 2006, Council adopted the Turner Road Commercial Centre Masterplan. The subject site is within the area that is subject to the Masterplan.  The Masterplan is contained with the Medium Density Multi-Unit Housing Development Control Plan and aims to guide development to ensure it is consistent with the desired future character of the business and residential precincts of the Turner Road Commercial Centre.

 

On 1 November 2007, the Land and Environment Court approved a medium density multi-unit housing development comprising ten two-storey townhouses and at-grade car parking at Nos. 3-5 Turner Road, which adjoins part of the northern boundary of the subject site. The approved development at Nos. 3-5 Turner Road incorporates a pedestrian pathway which could be connected to the site (subject to creation of rights-of-access).

 

On 6 July 2011, Council approved DA/1615/2010 for Nos. 4-12 Kita Road, Berowra Heights. The application includes No. 4 Kita Road in the property description for the purpose of a proposed right-of-way. The site layout approved under this application does not comply with the Turner Road Commercial Centre Masterplan with regard to the location of the accessway, pedestrian linkage within the precinct, amalgamation of sites and the provision of a communal open space.

 

The construction of a formal pedestrian pathway through the road reserve, linking the shopping centre and the public open space to Kita Road was approved under DA/1615/2010. This pathway has not been constructed to date.

 

SITE

 

The site comprises three allotments known as Nos. 2 - 4 Kita Road, and 148 Berowra Waters Road, Berowra Heights. The subject site is irregular in shape with a total area of 2728 m2. All allotments have separate access via driveways off Kita Road. The site slopes towards the street with an average gradient of 7%.  No. 6 Kita Road has been included in the property description for the purposes of the right-of-way only.  The property has not been included in the above total site area calculation.

 

No. 4 Kita Road is a battleaxe allotment forming the westernmost boundary of the site. Reciprocal rights-of-ways benefit the access handles for No. 4 Kita Road and the adjoining property at No. 6 Kita Road (Lot 4 DP 232401).  The combined width of the driveway is 6 metres.

 

The current improvements on the site include one dwelling on each of the allotments and associated outbuildings. The allotments and the neighbouring properties accommodate a large number of trees including native and exotic species.

 

The site is surrounded by predominantly single and two-storey dwellings and one to two storey high commercial developments. The car park of the Berowra Village Shopping Centre adjoins the eastern boundary of the site and is located at a higher level at the common boundary on which a lapped and capped fence is erected.  The Marketplace shopping centre is located in close proximity on the western side.

 

Kita Road ends as a cul-de-sac in front of the site. A road reserve is located between the end of the street and public open space located at the corner of Turner Road and Berowra Waters Road. A section of the site fronts this road reserve; the carriageway of Berowra Waters Road being located at a lower level on the opposite side of the reserve. Further east, the reserve land slopes up to be at the same level with the Berowra Shopping Village car park and then falls away gradually to Turner Road.

 

Currently an informal pedestrian trail exists within the reserve utilised by Kita Road residents for access to the shopping centre car park and Council maintained open space and recreational area (Crossroads reserve).

 

The site is located approximately 2.5 kilometres from the Berowra Railway Station and within 300 metres of a bus stop on Turner Road.

 

PROPOSAL

The proposal involves the following:

 

·              Demolition of the existing dwellings and outbuildings on the site;

 

·              Erection of a medium density multi-unit housing development comprising 14 two storey town houses located in 4 rows separated by driveways and private open space areas.  The unit mix would comprise of 10 x 3-bedroom townhouses and 4 x 2-bedroom townhouses.  The size of the units varies between 83 m2 - 117 m2;

 

·              The gross floor area (GFA) of the development would be 1418.1 m2;

 

·              Access to the site is proposed via Kita Road utilising the existing combined driveway over No. 4 Kita Road and the adjoining allotment at No. 6 Kita Road approved under DA/1615/2010. The width of this north-south orientated driveway is 6 metres. An approved truck turning area would be located at the end of this driveway in the future;

 

·              East-west orientated internal driveways would branch out from the main driveway and provide access to the individual rows of townhouses;

 

·              Townhouses 1-3 (the rearmost block) would be two-storey with garages located within a basement level due to the slope of the land. The remaining townhouses would include at-grade garages accommodating 1 – 2 car spaces. The typical floor plans include living areas on the ground floor and bedrooms on the upper floor;

 

·              Each townhouse would include a courtyard located at its rear and some would include an additional landscaped area at the front. A number of townhouses would include balconies on the upper floor;

 

·              Three visitors’ car spaces are proposed to be located parallel to the main driveway;

 

·              Two common bin storage areas are proposed at the end of the internal driveways for waste collection purposes;

 

·              A front fence is proposed including a combination of light-weight timber and solid materials; and

 

·              Strata subdivision of the townhouses.

 

ASSESSMENT

The development application has been assessed having regard to the ‘Metropolitan Plan for Sydney 2036’, 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).  The following issues have been identified for further consideration.

 

1.       STRATEGIC CONTEXT

 

1.1     Metropolitan Plan for Sydney 2036 and (Draft) North Subregional Strategy

 

The Metropolitan Plan for Sydney 2036 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 2036; 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 its preparation of the Comprehensive LEP by the end of 2012.

 

The Draft North 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 14 townhouses and would contribute towards 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 regulations”.

 

2.1        Hornsby Shire Local Environmental Plan 1994

 

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

 

(a)        to provide for the housing needs of the population of the Hornsby area.

 

(b)        to promote a variety of housing types and other land uses compatible with a medium density residential environment.

 

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

 

The proposed development is defined as “multi-unit” housing under the HSLEP and is permissible in the zone with Council’s consent. The proposal would assist in catering for the housing needs of the Hornsby Shire, and would provide a variety of housing types that are within the environmental capacity of the medium density residential environment.

 

Clause 15 of the HSLEP prescribes that the maximum floor space ratio (FSR) of development within the Residential B zone is 0.6:1.  The application satisfies this requirement by proposing a floor space ratio of 0.51:1.

 

Clause 18 of the HSLEP sets out heritage conservation provisions for Hornsby Shire. The site does not accommodate a heritage item nor is located in the vicinity of a heritage item. The subject property is not located in a heritage conservation area. Accordingly, no further assessment in this regard is required.

 

2.2        Draft Hornsby Local Environmental Plan

 

At its meeting on 7 March 2012, Council resolved to endorse the draft Hornsby Local Environmental Plan (DHLEP) for public exhibition.  The draft Plan has subsequently been exhibited and submissions are currently being reviewed.  Under the DHLEP, the subject land would be zoned R3 – Medium Density Residential.  The proposed use is defined as “multi-dwelling housing” and is permitted within the zone with Council’s consent.

 

The DHLEP would allow a maximum building height of 10.5m for the site. The proposal would comply with this requirement.

 

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

 

The application has been assessed against the requirements of State Environmental Planning Policy No. 55.  This Policy provides State-wide planning controls for soil contamination and proposed remedies.

 

The site has a history of residential land uses which would not typically result in soil contamination. Accordingly, no further assessment in this regard is considered necessary.

 

2.4        State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004

 

The application has been assessed against the requirements of State Environmental Planning Policy (Building Sustainability Index: BASIX)   2004. The proposal includes a BASIX Certificate for the proposed townhouses and is considered to be satisfactory.

 

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

 

The application has been assessed against the requirements of Sydney Regional Environmental Plan No. 20 (SREP 20). This Policy provides controls to protect the environment of the Hawkesbury-Nepean River system, including its water quality. SREP 20 addresses matters related to water quality, significant vegetation habitats, extraction, environmental heritage and scenic quality, recreation and tourism, and agriculture.

 

The proposal is consistent with the environmental capacity of the site and includes a satisfactory Stormwater Management Plan. Subject to implementation of recommended conditions relating to sediment and erosion control, the development would not have an adverse impact on water quality. The development complies with SREP 20 in this regard.

 

2.6        Berowra Cowan Development Control Plan

 

The application has been assessed against the requirements of the Berowra Cowan Development Control Plan. The Plan aims to provide a detailed planning strategy and development guidelines to protect the natural and built environment of the Berowra Heights area. The compliance of the proposal with the relevant strategies within this DCP is discussed below:

 

2.6.1     Residential Strategy

 

The proposed development complies with the Residential Strategy element of the DCP as it would provide medium density housing in an area which is connected to a bus route and is located in close proximity to the commercial, retail and medical facilities of Berowra Heights.

 

2.7        Medium Density Multi-Unit Housing Development Control Plan

 

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

 

Medium Density Multi-Unit Housing Development Control Plan

Control

Proposal

Requirement

Compliance

Density

14 dwellings/2728 m2

14 dwellings/2760 m2

No

Minimum frontage

44m

30m

Yes

Site Cover

37.3%

40%

Yes

Setbacks

 

Kita Road

Western side

Eastern side

Rear

 

 

3m – 8m

3m

0m

5m

 

 

6m

0m

0m

0m

 

 

No

Yes

Yes

Yes

Maximum building length

33m

30m

No

Maximum length of wall planes

10m

10m

Yes

Height to ceiling

 

7m

7m

Yes

Height of basement

0.4m (max)

1m

Yes

Open Space

 

TH 1, 7 and 11

TH 2-6, 8-10, 12-14

 

 

>40m2

>60m2

 

 

 

40m2

60m2

 

 

 

Yes

Yes

 

Car parking

 

TH 1 and 4 - 12

 

 

TH 2 - 3

 

 

TH 13 - 14

 

 

1 space/townhouse

 

 

2 spaces/ townhouse

 

 

1 space/ townhouse

 

 

1 space/ townhouse

(< 100 m2 GFA)

 

2 spaces/ townhouse

(> 100 m2 GFA)

 

2 spaces/ townhouse

(> 100 m2 GFA)

 

 

Yes

 

 

Yes

 

 

No

 

Visitors’ Parking

3 spaces

3 spaces@ 1 space/5 townhouses

Yes

Dimension of single garage

3m x 6m

3m x 6m

Yes

Minimum headroom for car parking

2.7m

2.3m