BUSINESS PAPER

 

General Meeting

 

Wednesday 16 October 2013

at 6:30 PM

 

 


Hornsby Shire Council                                                                                             Table of Contents

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     CS48/13 Investments and Borrowings for 2013/14  -  Status for Period Ending 31 August 2013        6

Item 2     CS51/13 Pecuniary Interest and Other Matters Returns - Disclosures by Councillors and Designated Persons...................................................................................................................... 6

Environment and Human Services Division

Item 3     EH14/13 Review of Community Buses .......................................................................... 6

Item 4     EH17/13 Proposed Amendments to Plans of Management to Allow Biobanking................ 6

Planning Division

Item 5     PL92/13 Development Application - Construction of Two, Five Storey Residential Flat Buildings - Nos. 25, 27 and 27A Wongala Crescent and No. 1A Chapman Avenue, Beecroft ..................... 6

Item 6     PL89/13 Development Application - Section 96 (2) - Construction of an Affordable Rental Housing Development Comprising 12 Units - 176-178 Ray Road, Epping....................................... 6

Item 7     PL91/13 Development Application - Five Storey Residential Flat Building Comprising 32 Units - 209-211A Carlingford Road, Carlingford................................................................................ 6

Item 8     PL98/13 Development Application - Rural Shed - 9 Uralla Road, Dural.............................. 6

Item 9     PL101/13 Development Application - Dwelling-House - 7 Woodridge Avenue, North Epping. 6

Item 10    PL102/13 Development Application - Section 96(2) - Dwelling-House - 42 Koloona Street, Berowra  6

Item 11    PL104/13 Development Application - Three Storey Residential Flat Building Comprising 9 Units - 12 May Street, Hornsby.................................................................................................... 6

Item 12    PL106/13 Development Application - Construction of Two, Five Storey Residential Flat Buildings - 2-8 Belair Close and 43 Sherbrook Road, Hornsby............................................................... 6

Item 13    PL97/13 Section 82A Review of Development Application - Animal Boarding or Training Establishment - 669 Old Northern Road, Dural....................................................................................... 6

Item 14    PL103/13 Hornsby Shire Swimming Pool Barrier Inspection Program............................... 6

Infrastructure and Recreation Division

Item 15    IR25/13 Pacific Highway - Proposed Change of Name to Peats Ferry Road....................... 6

Item 16    IR30/13 Hornsby Station Footbridge.............................................................................. 6  

PUBLIC FORUM – NON AGENDA ITEMS

Questions of Which Notice Has Been Given

Mayor's Notes

Item 17    MN10/13 Mayor's Notes from 1 to 30 September 2013.................................................... 6

Mayoral Minutes

Item 18    MM15/13 Local Government Reform - Strategic Partnerships........................................... 6

Notices of Motion     

SUPPLEMENTARY AGENDA

MATTERS OF URGENCY

QUESTIONS WITHOUT NOTICE

 


Hornsby Shire Council                                                      Agenda and Summary of Recommendations

Page 1

 

AGENDA AND SUMMARY OF RECOMMENDATIONS

 

PRESENT

NATIONAL ANTHEM

OPENING PRAYER/S

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 of the non-confidential parts of the meeting 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."

 

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.”

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 18 September 2013 be confirmed; a copy having been distributed to all Councillors.

Petitions

presentations

Hornsby Shire Heritage Awards 2013

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

WINNER – Restoration of an early Federation weatherboard cottage “Carmel” at 115 Beecroft Road, Beecroft – Wagstaff Enterprises Pty Ltd

The project represents a significant undertaking by the owner to restore and reconstruct a dwelling with minor modern modifications that was in an extremely poor state of repair. The work is a fine example of bringing back to life one of the last known remaining and relatively intact examples of a timber cottage of early Federation vernacular style in the Beecroft locality.

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 – Sympathetic new garden pavilion within the grounds of the heritage listed house “Lynwood” at 12 Malton Road, Beecroft – Stephen and Glenys Rowe

The project is a sensitively designed addition to the existing garden which is carefully detailed and reflects the architectural features of the existing heritage-listed house.

HIGHLY COMMENDED – Sympathetic alterations and additions to a contributory item within the Beecroft/Cheltenham Heritage Conservation Area at 56 Cheltenham Road, Cheltenham – Sean and Liz Gibbeson.

The project is a fine example sensitively designed alterations and rear pavilion addition which complements the scale and form of the existing dwelling and provides for modern family living with a minimal impact to the character of the streetscape.

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 – Berowra Living History Group

This award recognises the Berowra Living History Group’s innovative approach and outstanding contribution to the preserving and promoting the history of the Berowra region and its people.

HIGHLY COMMENDED – Adrian Mitchell for the publication of Plein Airs and Graces: The Life and Times of George Collingridge

The publication is a well presented scholarly book on the life the landscape painter and historian George Collingridge.

HIGHLY COMMENDED – Dr Joan Betty Webb

Dr Joan Betty Webb is being highly commended for her outstanding contribution to the education and promotion of and local history in Hornsby Shire.

 

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 6

Item 1         CS48/13 Investments and Borrowings for 2013/14  -  Status for Period Ending 31 August 2013

 

RECOMMENDATION

THAT the contents of Deputy General Manager’s Report No. CS48/13 be received and noted.

 

Page Number 6

Item 2         CS51/13 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

Page Number 6

Item 3         EH14/13 Review of Community Buses

 

RECOMMENDATION

THAT:

1.         Council discontinue the direct provision of Community Transport Services.

2.         Council sell the Cherrybrook Community Bus and the Community Access Bus.

3.         Where possible the Cherrybrook Community Bus and Community Access Bus are sold to local community groups at a fair market value.

 

Page Number 6

Item 4         EH17/13 Proposed Amendments to Plans of Management to Allow Biobanking

 

RECOMMENDATION

THAT:

1.         Council amend its Plans of Management for Community Land and Crown Reserves to include the establishment of Biobank sites as a permitted use.

2.         Council publicly exhibit the amended Plans of Management for Community Land and Crown Reserves for public comment.

3.         Council advertise the proposed Biobank sites associated with the ‘Linking Landscapes’ grant, North West Rail Link, Epping to Thornleigh Third Track project and the M2 Upgrade project as shown in Attachments 1-6 of Group Manager’s Report No. EH17/13.

4.         A further Report be prepared for Council’s consideration once detailed investigations into the Biobank sites have been undertaken.

 

Planning Division

Page Number 6

Item 5         PL92/13 Development Application - Construction of Two, Five Storey Residential Flat Buildings - Nos. 25, 27 and 27A Wongala Crescent and No. 1A Chapman Avenue, Beecroft

 

RECOMMENDATION

THAT Development Application No.38/2013 for demolition of existing buildings and construction of two, five storey residential flat buildings containing 36 units and strata title subdivision at Lots 1 and 2 DP 133462, Lots 1, 2 and 3 DP 1008775, Nos. 25, 27 and 27A Wongala Crescent and No. 1A Chapman Avenue, Beecroft be approved subject to the conditions of consent detailed in Schedule 1 of Group Manager’s Report No. PL92/13.

 

Page Number 6

Item 6         PL89/13 Development Application - Section 96 (2) - Construction of an Affordable Rental Housing Development Comprising 12 Units - 176-178 Ray Road, Epping

 

RECOMMENDATION

THAT pursuant to Section 96(2) of the Environmental Planning and Assessment Act, 1979, Development Application No. DA/359/2011 for an affordable rental housing development comprising 12 units at Lot 1 DP 569934 Nos. 176-178 Ray Road, Epping be amended as detailed in Schedule 1 of Group Manager’s Report No. PL89/13.

 

Page Number 6

Item 7         PL91/13 Development Application - Five Storey Residential Flat Building Comprising 32 Units - 209-211A Carlingford Road, Carlingford

 

RECOMMENDATION

THAT Development Application No. DA/27/2013 for demolition of existing structures and construction of a five storey residential flat building comprising 32 units and basement car parking at Lot 5 DP 30015, Lots 31 and 32 DP 834653, Nos. 209-211A Carlingford Road, Carlingford be approved subject to the conditions of consent detailed in Schedule 1 of Group Manager’s Report No. PL91/13.

 

Page Number 6

Item 8         PL98/13 Development Application - Rural Shed - 9 Uralla Road, Dural

 

RECOMMENDATION

THAT Development Application No. 567/2013 for the erection of a rural shed at Lot 400, DP 1061664, No. 9 Uralla Road, Dural be refused on the grounds detailed in Schedule 1 of Group Manager’s Report No.PL98/13.

 

Page Number 6

Item 9         PL101/13 Development Application - Dwelling-House - 7 Woodridge Avenue, North Epping

 

RECOMMENDATION

THAT Development Application No. DA/538/2013 for the demolition of a dwelling-house and the erection of a dwelling-house at Lot 17 DP 30288, No. 7 Woodridge Avenue, North Epping be approved subject to the conditions of consent detailed in Schedule 1 of Group Manager’s Report No. PL101/13.

 

Page Number 6

Item 10        PL102/13 Development Application - Section 96(2) - Dwelling-House - 42 Koloona Street, Berowra

 

RECOMMENDATION

THAT pursuant to Section 96(2) of the Environmental Planning and Assessment Act, 1979, Development Application No. DA/625/2010/B for the construction of a dwelling-house at Lot 116, DP 878825, No. 42 Koloona Street, Berowra be amended as detailed in Schedule 1 of Group Manager’s Report No. PL102/13.

 

Page Number 6

Item 11        PL104/13 Development Application - Three Storey Residential Flat Building Comprising 9 Units - 12 May Street, Hornsby

 

RECOMMENDATION

THAT Development Application No. DA/469/2013 for demolition of an existing dwelling and construction of a residential flat building containing 9 units, basement parking and strata subdivision at Lot B DP 310432, 12 May Street, Hornsby be approved subject to the conditions of consent detailed in Schedule 1 of Group Manager’s Report No. PL104/13.

 

Page Number 6

Item 12        PL106/13 Development Application - Construction of Two, Five Storey Residential Flat Buildings - 2-8 Belair Close and 43 Sherbrook Road, Hornsby

 

RECOMMENDATION

THAT Development Application No. 547/2013 for demolition of existing structures and construction of two, five storey residential flat buildings comprising 73 units and basement car parking at Lots 10, 11, 12, 13 and 14 DP 204624, Nos. 2-8 Belair Close and No. 43 Sherbrook Road, Hornsby be approved subject to the conditions of consent detailed in Schedule 1 of Group Manager’s Report No. PL106/13.

 

Page Number 6

Item 13        PL97/13 Section 82A Review of Development Application - Animal Boarding or Training Establishment - 669 Old Northern Road, Dural

 

RECOMMENDATION

THAT the Section 82A review of Development Application No. DA/1173/2012 for an animal boarding and training establishment at Lot 1 DP 231126, No. 669 Old Northern Road, Dural 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. PL97/13.

 

Page Number 6

Item 14        PL103/13 Hornsby Shire Swimming Pool Barrier Inspection Program

 

RECOMMENDATION

THAT Council adopt the Hornsby Shire Council Swimming Pool Barrier Inspection Program.

 

Infrastructure and Recreation Division

Page Number 6

Item 15        IR25/13 Pacific Highway - Proposed Change of Name to Peats Ferry Road

 

RECOMMENDATION

THAT Council proceed with gazettal and advertise the name change for the section of Pacific Highway between George Street, Hornsby and Jersey Street North, Asquith to Peats Ferry Road.

 

Page Number 6

Item 16        IR30/13 Hornsby Station Footbridge

 

RECOMMENDATION

THAT Council:

1.         Write to Transport for NSW to advise outcomes of the consultation and request confirmation and timing of its funding contribution for construction of the footbridge, including sharing equally the cost of investigation and documentation of those elements in point 2 of the recommendation.

2.         Proceed to detailed design and documentation, seek any necessary planning approvals and prepare tender documentation for construction of the bridge in consultation with Transport for NSW. Design development shall include:

a)         further investigation of access options on the Florence Street side of the footbridge.

b)         detailed design of the footbridge and the Florence Street entry including the mall extension.

3.         Call tenders for construction after receiving a funding commitment from Transport for NSW.

4.         Authorise for any funding shortfalls for the development of detailed designs and tender documentation to be considered as part of the quarterly budget review process.

PUBLIC FORUM – NON AGENDA ITEMS

Questions of Which Notice Has Been Given

Mayor's Notes

Page Number 6

Item 17        MN10/13 Mayor's Notes from 1 to 30 September 2013

Mayoral Minutes

Page Number 6

Item 18        MM15/13 Local Government Reform - Strategic Partnerships

 

RECOMMENDATION

THAT Council:

1.         Writes to the Minister for Local Government to express our ongoing support of its agenda to reform local government in partnership with local Councils.

2.         Write to the Mayors of The Hills and Warringah Councils expressing Council's support to enter into a cooperative strategic alliance that identifies mutually beneficial opportunities to improve efficiencies in areas of procurement, policy development and resource allocation.

3.         Receive a progress report from the General Manager within six months and sets out the framework for the strategic alliance with The Hills and Warringah Councils for Council's endorsement.

4.         Note that the Mayor and General Manager will continue to be involved in discussions about closer cooperation and a potential merger of SHOROC and NSROC in the areas of advocacy and strategic planning.

Notices of Motion     

SUPPLEMENTARY AGENDA

MATTERS OF URGENCY

QUESTIONS WITHOUT NOTICE

 


  


 

Deputy General Manager's Report No. CS48/13

Corporate Support Division

Date of Meeting: 16/10/2013

 

1        INVESTMENTS AND BORROWINGS FOR 2013/14  -  STATUS FOR PERIOD ENDING 31 AUGUST 2013   

 

 

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 to Council on the details of funds invested.

·              This Report provides details of Council’s investment performance for the period ending 31 August 2013.  It indicates that for total investments, the annualised return for the month of August was 3.82% compared to the benchmark of 2.51%.

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

·              In respect of Council borrowings, the weighted average interest rate payable on loans taken out from June 2004 to August 2013, based on the principal balances outstanding, is 6.07%

·              Council’s investment portfolio is unable to be applied to reducing current outstanding loan balances, due in part to the estimated cash-flow requirements associated with the Hornsby Aquatic Centre during 2013/14. Also, opportunities to renegotiate Council’s existing loans to attain a lower interest rate are negated by the break costs which would apply.

 

RECOMMENDATION

THAT the contents of Deputy General Manager’s Report No. CS48/13 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 and Council's Investment of Surplus Funds Policy.

BACKGROUND

A report is required to be submitted for Council’s consideration each month detailing Council's investments and borrowings. The report also 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 month ending 31 August 2013 is detailed in the attached documents and summarised below:

·              The At-Call and Term Deposits achieved an annualised return of 4.01% for August 2013 compared to the benchmark of 2.50%.

·              The Capital Guaranteed Notes achieved an annualised return of 0% for this period.  No interest will be accrued for the remaining life of the securities.*

·              For total investments, the annualised return for August 2013 was 3.82% compared to the benchmark of 2.51%. Year to date return was 3.87% compared to the benchmark of 2.64%.

(* At 30 June 2013, the fair value of the remaining Capital Guaranteed Notes is $1,933,000. A review of the Notes is undertaken on a regular basis to determine if the yield to maturity on the Notes could be improved. Due to low interest rates on term deposits and the short time until maturity of the Notes, the latest review indicates it would not be financially prudent to take any action currently.)

In respect of Council borrowings, the weighted average interest rate payable on loans taken out from June 2004 to August 2013, based on the principal balances outstanding, is 6.07%. It is noted that the opportunity to renegotiate Council’s existing loans to attain a lower interest rate is negated by the break costs which would apply.

The investment portfolio balance of $48 million at 31 August 2013 is unable to be applied to reducing current outstanding loan balances due in part to the estimated cash-flow requirements associated with the Hornsby Aquatic Centre during 2013/14. The weighted average interest rate payable on loans indicates that Council’s cost of borrowing is low even when compared to present rates that could be obtained. The Borrowings Schedule as at 31 August 2013 is attached for Council’s information.

CONSULTATION

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

BUDGET

Total investment income for the months of July and August 2013 was $284,000 and the budgeted income for the period was $220,000.  Approximately 23% 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 and Council's Investment of Surplus Funds Policy and Investment Strategy. The Investment Strategy was last reviewed and adopted by Council at the 19 December 2012 General Meeting – the main change was to place greater emphasis on counterparty and credit quality targets and limits as a consequence of the removal of the Federal Government’s Deposit Guarantee Scheme on 1 February 2012 for invested amounts up to $1 million.

CONCLUSION

The investment of Council funds for the period ending 31 August 2013 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 August 2013

 

 

2.View

HSC Borrowings Schedule as at 31 August 2013

 

 

 

 

File Reference:           F2004/06987

Document Number:     D02459878

 


 

Deputy General Manager's Report No. CS51/13

Corporate Support Division

Date of Meeting: 16/10/2013

 

2        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 2013.

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 Sections 449(1) and (5) of the Act at the General Meeting held on 18 September 2013 (see Deputy General Manager’s Report No. CS42/13).  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

23 July 2013

Town Planner

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) of the Act at the General Meeting held on 17 October 2012.

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 2013.  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 2013, advice was sent to Designated Persons and Councillors alerting them to the Intranet page and the necessity for them to complete a form.  Councillors were emailed directly with a Pecuniary Interest Declaration form and the Division of Local Government’s Self Help Guide. In mid-August, reminders were issued in order to retrieve those forms which had not yet been completed and returned.  In late September 2013 final targeted reminders were issued advising that the final day for lodgement of returns was 30 September 2013. At the time of writing this Report, 24 Disclosure of Pecuniary Interest and Other Matters Returns remain outstanding. The Governance and Customer Service Branch has been, and will continue to, take appropriate steps to follow up all outstanding Returns.

All 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:           F2013/00386

Document Number:     D02498436

  


 

Group Manager's Report No. EH14/13

Environment and Human Services Division

Date of Meeting: 16/10/2013

 

3        REVIEW OF COMMUNITY BUSES     

 

 

EXECUTIVE SUMMARY

·              Council has owned and operated two community buses since 2001/2002.  These buses are known as the Community Access Bus and the Cherrybrook Youth Community Bus.

·              Utilisation of both buses has been low with an average of less than one hirer per week for the Cherrybrook Youth Community Bus and 1.5 times per week for the Community Access Bus.  

·              The vehicles are at or nearing the end of their useful life and demand for the Council service is insufficient to make the service financially sustainable.

·              In addition to providing a transport service, community bus services also have a function in promoting social participation.

·              The Hornsby Kuring-gai Community Transport Service operates a fleet of five buses (three with wheelchair hoists), one van and two station wagons and provides a range of group and individual transport services.

·              Council’s role in preventing social isolation should be in supporting local groups to develop and engage with their community such that social participation can take place.  The ongoing provision of a bus service directly by Council is not considered to be essential to achieve this outcome.

·              It is recommended that Council dispose of both buses.  Where possible this should be to interested local community organisations at a fair market value.

 

RECOMMENDATION

THAT:

1.         Council discontinue the direct provision of Community Transport Services.

2.         Council sell the Cherrybrook Community Bus and the Community Access Bus.

3.         Where possible the Cherrybrook Community Bus and Community Access Bus are sold to local community groups at a fair market value.

 


PURPOSE

The purpose of this Report is to present information required to enable Council to determine its position in relation to the continued operation of its community buses.

Background

Community Access Bus

Council acquired the 12 seater Community Access Bus in 2001 via a competitive grant application process following the Paralympics in Sydney.  Between 2001 and 2011 the service was overseen by a community advisory group and day to day management of the bus was undertaken by Meals on Wheels staff.  During this period, Meals on Wheels operated out of Hornsby Hospital.  When Hornsby Hospital ceased their auspice of the Meals on Wheels service in 2011, the operation of the bus was transferred to Council.  The Community Access Bus has since operated out of Council’s Thornleigh Depot.

On average, the bus has been hired approximately 170 times per year in the past 10 years.  Since 2011, the demand has reduced to 78 hires per year.  The reduced utilisation can be attributed to the fact that Meals on Wheels are no longer a regular user of the bus to bring clients to centre based meals, relocation of the bus away from Hornsby Hospital and the associated marketing of the service to groups and services affiliated with the Hospital.

The bus is 12 years old, has travelled 147,000kms and is in need of disposal or replacement due to its age and the rigours of its use.

Cherrybrook Community Youth Bus

A 22 seater vehicle was purchased in 2002 using Section 94 (Developer Contribution) funding for the Cherrybrook area to address social isolation among the increasing number of younger residents in the area.  Initial utilisation of the bus was poor and the hire rationale was twice expanded to include surrounding suburbs in order to boost utilisation.  Hire of the bus is currently open to include any group with at least one resident based in the target communities of Cherrybrook, Galston, Dural and Glenorie.

There has been an average of less than one hirer per week, with the only regular hirer using the bus once per month.

The bus is 11 years old, has travelled 52,000kms, is in fair condition and needs replacing within the coming 18 months.

discussion

Demand for the Service

Council’s community buses are provided on a casual hire basis to individuals and community groups to enable them to conduct various outings and activities.  The service provided by Council is similar to that provided by a commercial vehicle hire firm, albeit at reduced hire rates.

Despite the reduced hire rates, the level of demand for the service has declined to the point where the buses are hired on average 1.5 times per week for the Community Access Bus and less than one time per week for the Cherrybrook Community Youth Bus. 

Regular hirers of the buses are predominantly groups providing social and shopping excursions for the elderly including seniors groups, nursing homes and funeral service providers.  Such excursions can help to address issues of social isolation most often associated with our ageing community, as well as amongst new migrants.

2011 Census data shows that Hornsby has a higher proportion of people aged over 65 years when compared to Greater Sydney – 14.4% compared to 12.8%.  It is important that, as a community, we plan for how we intend to combat social isolation which is often caused by a lack of mobility as people age.

The NSW Government is currently developing a Northern Sydney Ageing Strategy as part of its Regional Action Plan 2021 commitment.  It is anticipated that the strategy will be completed in November 2013 and that actions associated with transport and social isolation will form part of this body of work.

Council’s role in preventing social isolation should be in supporting local groups to develop and engage with their community such that social participation can take place.  The ongoing provision of a bus service is not considered to be essential to achieve this outcome. 

Alternative Services

The State Government, through the Home and Community Care Program, funds services such as Hornsby Ku-ring-gai Community Transport that supports frail aged people, younger people with disabilities and carers.  The Hornsby Kuring-gai Community Transport Service operates a fleet of five buses (three with wheelchair hoists), a van (with wheelchair hoist) and two station wagons. 

This service offers low-cost outings to prevent social isolation, shopping trips and transport to medical appointments.  This service has limitations and clients are assessed for eligibility that is determined according to Home and Community Care Guidelines.

In addition, Disabled Alternative Road Travel Services (DARTS) operate three buses and provide recreational, educational and social activities and day trips for adults from who have physical disabilities and use wheelchairs.  This service receives financial assistance from the State and Federal Governments.

CONSULTATION

In the preparation of this Report, staff consulted with current users of the Community Access Bus and Cherrybrook Community Youth Bus.   A key issue raised was the age and condition of the current buses; although feedback suggests that increased utilisation by existing hirers would be unlikely even if a new bus were to be purchased.

Having regard to the current low utilisation levels staff also spoke to key regular hirers regarding the potential cessation of the Council service and also advised them of alternative services.  Hirers indicated that they would be disappointed to lose the Council service.

BUDGET

Current income from the hire of both buses is insufficient to cover the operating costs associated with provision of the service.  In addition, the buses have either reached, or will reach the end of their useable life within the next 18 months.

Hornsby Community Access Bus

Whilst a total of $133,373 has been accumulated to replace the Community Access Bus since 2001 (predominantly during the period that the bus was based at Hornsby Hospital), an alternative service exists in the Hornsby Kuring-gai Community Transport Service.

Notwithstanding the accumulated funds, the current unsustainable level of demand for the Council service, allied with the availability of viable alternative services would suggest that this is a service that Council may wish to discontinue.  If this were to be the case, the accumulated funds could be made available to meet organisational priorities.

Cherrybrook Community Youth Bus

There are no funds in reserve available to replace the Cherrybrook Community Youth Bus.  With no funds set aside to replace the bus and low demand for the service, it is recommended that the bus be sold.

If possible, it is recommended that the bus be sold to a local community organisation at market value so that the asset remains in the local community.

POLICY

There are no policy implications associated with this Report.

CONCLUSION

The Hornsby Community Access Bus is at the end of its useful life and needs to be replaced or an alternative option considered.  There are funds held in a restricted asset account that have been collected from the hire of the bus for the purpose of replacing it.

Given the current use of the bus and the fact that the operational model no longer appears to be self sustaining, along with the availability of alternative services it is recommended that Council discontinue this service and the bus be sold.

Whilst the Cherrybrook Youth Bus is considered suitable for purpose for a further 18 months before it reaches the end of its useable life, it has low levels of utilisation with an average of less than one community group per week over the last year.

Having regard to its low levels of use and the availability of alternative services, it is recommended that the bus be sold at this time to obtain best value to the community. 

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Manager, Community Services – David Johnston - who can be contacted on 9847 6800.

 

 

 

David Johnston

Manager - Community Services

Environment and Human Services Division

 

Stephen Fedorow

Group Manager

Environment and Human Services Division

 

Attachments:

There are no attachments for this report.

 

File Reference:           F2004/06143

Document Number:     D02339190

 


 

Group Manager's Report No. EH17/13

Environment and Human Services Division

Date of Meeting: 16/10/2013

 

4        PROPOSED AMENDMENTS TO PLANS OF MANAGEMENT TO ALLOW BIOBANKING   

 

 

EXECUTIVE SUMMARY

·              Biobanking is a NSW Government initiative that seeks to address the decline of biodiversity by giving it an economic value through the creation of biodiversity credits.  Creation of a Biobanking agreement for land registered as a Biobank site provides on-going funds to help Council manage its bushland and threatened species.

·              There are a number of Council’s bushland reserves that are being considered for Biobank sites under a grant opportunity and various biodiversity offset requirements associated with major infrastructure projects.

·              Under a Biobanking agreement, credits generated at a site are sold to achieve conservation goals and offset the impacts of a development.  The credit sales are paid into a Trust fund established under the management of TCorp, with the investment proceeds providing an annual funding stream for the landowner to undertake agreed management actions on the land

·              The contribution to the Trust fund by the party seeking to purchase the biodiversity credits is determined in accordance with the Biobanking Guidelines established by the NSW Government.

·              An amendment to Council’s current Plans of Management is required to allow the establishment of Biobank sites on its bushland.

·              It is recommended that Council amend its Plans of Management for Community Land and Crown Reserves to include the establishment of Biobank sites as a permitted use.

 

RECOMMENDATION

THAT:

1.         Council amend its Plans of Management for Community Land and Crown Reserves to include the establishment of Biobank sites as a permitted use.

2.         Council publicly exhibit the amended Plans of Management for Community Land and Crown Reserves for public comment.

3.         Council advertise the proposed Biobank sites associated with the ‘Linking Landscapes’ grant, North West Rail Link, Epping to Thornleigh Third Track project and the M2 Upgrade project as shown in Attachments 1-6 of Group Manager’s Report No. EH17/13.

4.         A further Report be prepared for Council’s consideration once detailed investigations into the Biobank sites have been undertaken.

 


PURPOSE

The purpose of this Report is to seek Council’s approval to amend its Plans of Management for Community Land and Crown Reserves to enable Biobanking agreements to be made for its bushland reserves and advertise specific proposals.

BACKGROUND

The Biobanking scheme has been established under the NSW Threatened Species Conservation Act 1995.  Biobanking is a voluntary scheme that supports landowners to take care of their bushland forever by paying them to undertake management actions.  It provides for Biobank sites to be established and the creation of biodiversity credits, which can be sold to offset loss of biodiversity from development sites.  Biobanking seeks to address the decline of biodiversity and threatened plants and animals by giving them an economic value through the creation of biodiversity credits.  Sale of credits are paid into a trust fund managed by TCorp that would provide an on-going, annual income to assist Council’s environmental management.

DISCUSSION

Council has sought to protect the natural values of its bushland throughout the Shire by classifying it as Community Land and further categorising it as Natural Areas in its Plans of Management for Community Land and Crown Reserves. 

Council has recently been approached by state government agencies to consider establishing Biobanking agreements across a number of its bushland reserves.  The Biobanking agreements are considered to be consistent with Council’s intention to protect these areas, and if entered into would provide an annual funding stream for Council to manage the bushland.

For Council to consider creating Biobank sites in the Hornsby Shire it is necessary to amend to the current Plans of Management for Community Land and Crown Reserves to specifically allow for the establishment of a Biobank sites on its bushland and advertise any specific proposals. 

The proposed amendments would be worded as follows:

‘This Plan allows Council to enter into a conservation agreement, including a Biobanking agreement under the Threatened Species Conservation Act 1995 with the Minister administering the National Parks and Wildlife Act 1974 and Threatened Species Conservation Act 1995 to provide for the maintenance of biodiversity values in perpetuity.’

Potential Biobank Site - Linking Landscapes

Council has applied for a grant under the NSW Government ‘Linking Landscapes’ project that encourages public land managers to establish and manage Biobank sites on public land.  The site being investigated is Galston Park Bushland, being land that was originally acquired by the NSW Government under the County of Cumberland Open Space Scheme.  The eastern and northern parcels at 58X and 60X Crosslands Road are owned by Council, with the remainder at 18X Matthew Close are under the care, control and management of Council but currently owned by the Department of Planning and Infrastructure (DoPI). Council has recently received a commitment from DoPI that transfer of the remaining land parcels to Council’s ownership would be brought forward to enable Council to enter into a Biobanking agreement for the entire reserve.

By creating a Biobank site on the land a Trust Fund would be established under the scheme that would provide Council annual funding in perpetuity to allow for its ongoing management.

The proposal would investigate the establishment of a Biobank site at Galston Park Bushland at Matthew Close and Crosslands Road Galston - a location map is shown in Attachment 1. 

Potential Biobank Sites – Transport for NSW

Council has been approached by Transport for NSW on behalf of the North West Rail Link and Epping to Thornleigh Third Track Project to consider the suitability of entering into Biobanking Agreements for several of its bushland reserves.  Such agreements if made, would form part of the respective projects’ Biodiversity Offsets Packages required under their various approvals.  The bushland reserves being considered for investigation include Upper Pyes Creek and Pyes Creek Bushland and New Farm Road Bushland as detailed in Attachments 2 and 3.   The land is vegetated by Blue Gum High Forest, a Critically Endangered Ecological Community and occurs in narrow creeklines adjoining urban development.

Potential Biobank Sites - Roads and Maritime Services

Council, along with other parties, has been approached by Roads and Maritime Services on behalf of the M2 Upgrade Project. to consider entering into Biobanking Agreements for several of its bushland reserves.  The bushland reserves being considered for investigation include Furber Park Bushland, Wisemans Ferry Lookout and Neverfail Bay Bushland as detailed in Attachments 4, 5 and 6.  These reserves are characterised by being remote bushland with very steep topography and native vegetation in good condition.

Biobanking Mechanism

The establishment of a biobank site creates ‘biodiversity credits’.  Usually these credits are sold to offset a development elsewhere.  In the case of ‘Linking Landscapes’, the Office of Environment and Heritage is seeking to buy all of the credits from the site and ‘retire’ them so that they are not used to offset development elsewhere. 

In the case of the rail projects, the credits generated would be sold to Transport for NSW (TFN).  The credit sales are paid into the Biobanking Trust Fund and generate the annual payments to Council to manage the land.

CONSULTATION

In the preparation of this Report there has been consultation with the Bushland Management Advisory Committee, Transport for NSW, the Office of Environment and Heritage, the Department of Planning, and the Office of Strategic Lands.

BUDGET

Council’s rarely have sufficient funds to manage the natural areas they control to the level they would like.  Progression of the Biobank proposals would result in Trust funds being established with the investment proceeds providing ongoing funding to manage the reserves’ bushland values.  Each year Council would receive a payment to undertake a set of agreed management actions to improve the conservation value of the site. 

POLICY

The current proposals are consistent with Council’s policies including the core objectives for Natural Areas in its Plans of Management for Community Land and Crown Reserves and Council’s Local Environmental Plan.  

These Plans of Management would need to be amended to allow for establishment of the Biobank sites under consideration.  Whilst there are no other proposals under current consideration, to facilitate other future biobanking opportunities it would be consistent to amend all of Council’s Plans of Management to specifically allow the establishment of Biobank sites on its bushland. 

The proposals are consistent with Council’s Biodiversity Conservation Strategy and complement its Green Offsets Policy.  Should the proposals proceed, the specific areas of land would need to be advertised in accordance with Section 47 of the Local Government Act as creating a Biobank site is considered to be granting an estate under that Act.

CONCLUSION

Amending its Plans of Management for Community Land and Crown Reserves to include the establishment of Biobank sites as a permitted use, would provide Council with the flexibility to consider a range of current Biobanking proposals as well as providing for future opportunities.

Biobanking proposals would result in long-term benefit to Council and the community by enabling Council to more effectively manage bushland, endangered ecological communities and threatened species on its land.

Accordingly, it is recommended that Council amend its Plans of Management for Community Land and Crown Reserves to include the establishment of Biobank sites as a permitted use.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Manager Natural Resources – Diane Campbell - who can be contacted on 9847 6903.

 

 

 

 

Diane Campbell

Manager - Natural Resources

Environment and Human Services Division

 

 

Stephen Fedorow

Group Manager

Environment and Human Services Division

 

 

Attachments:

1.View

Map of Galston Park Bushland

 

 

2.View

Map of Upper Pyes Creek Bushland

 

 

3.View

Map of New Farm Road Bushland

 

 

4.View

Map of Wisemans Ferry Bushland

 

 

5.View

Map of Neverfail Bay Bushland

 

 

6.View

Map of Furber Park Bushland

 

 

 

 

File Reference:           F2004/09595

Document Number:     D02407423

  


 

Group Manager’s Report No. PL92/13

Planning Division

Date of Meeting: 16/10/2013

 

5        DEVELOPMENT APPLICATION - CONSTRUCTION OF TWO, FIVE STOREY RESIDENTIAL FLAT BUILDINGS - NOS. 25, 27 AND 27A WONGALA CRESCENT AND NO. 1A CHAPMAN AVENUE, BEECROFT     

 

 

EXECUTIVE SUMMARY

DA No:

DA/38/2013 (Lodged 22 January 2013)

Description:

Construction of two, five storey residential flat buildings comprising 36 units and strata title subdivision

Property:

Lots 1 and 2 DP 133462, Lots 1, 2 and 3 DP 1008775, Nos. 25, 27 and 27A Wongala Crescent and No. 1A Chapman Avenue, Beecroft

Applicant:

Becerra Architects

Owner:

Airwish Pty Ltd, Timunda Pastoral Company P/L, Mr A E D Mobbs, Mr P S Laws

Estimated Value:

$9,603,160

Ward:

C

 

·          The application proposes demolition of existing buildings and construction of two, five storey residential flat buildings containing 36 units and strata title subdivision.

·          The application complies with Hornsby Shire Local Environmental Plan 1994 and State Environmental Planning Policy No. 64 – Design Quality Residential Flat Development. The proposal generally complies with the Housing Strategy Development Control Plan and Hornsby Development Control Plan 2013 subject to recommended conditions.

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

·          It is recommended that the application be approved.

 

RECOMMENDATION

THAT Development Application No.38/2013 for demolition of existing buildings and construction of two, five storey residential flat buildings containing 36 units and strata title subdivision at Lots 1 and 2 DP 133462, Lots 1, 2 and 3 DP 1008775, Nos. 25, 27 and 27A Wongala Crescent and No. 1A Chapman Avenue, Beecroft be approved subject to the conditions of consent detailed in Schedule 1 of Group Manager’s Report No. PL92/13.

 


BACKGROUND

On 2 September 2011, the site was rezoned Residential C (Medium/High Density) for residential flat buildings to a height of 17.5m (five storey) as part of Council’s Housing Strategy. The site is within the Beecroft Road Precinct (Residential Portion) of Council’s Housing Strategy Development Control Plan – Part 3 Heritage precinct development.

On 9 July 2013, the applicant submitted amended plans to address concerns raised by Council in respect to compliance with the provisions of the Housing Strategy Development Control Plan for development within the heritage precinct.

SITE

The corner site has a frontage of 73.73m to the southern side of Chapman Avenue and a frontage of 42.83m to the western side of Wongala Crescent. The site has an area of 2,750m2 and includes two existing dwelling houses and two semi-detached dwellings. The dwellings are used for commercial premises. The garden at No. 25 Wongala Crescent is identified as a heritage item.

The site is opposite the Northern Railway and is situated 150m north of Beecroft Railway Station. The adjacent developments to the south include a medical practice, a child care centre and the retail car park for the Beecroft Village Arcade. The adjacent properties to the west include existing dwelling houses within the Residential C zone.

The surrounding developments north of the site and on the opposite side of Chapman Avenue include dwelling houses within a low density residential area and the Arden Anglican Primary School.  

The site is within the Beecroft-Cheltenham Heritage Conservation Area.

PROPOSAL

The proposal is for the demolition of existing dwellings and construction of two five storey residential flat buildings comprising 36 units. The proposed buildings are constructed over a basement car park with access off Wongala Crescent. The proposed development includes strata subdivision.

The proposed units include 5 x 1 bedroom, 26 x 2 bedroom, 1 x 2 bedroom + study and 4 x 3 bedroom units.  The units include 11 adaptable housing units.

The proposed western building fronting Chapman Avenue includes 14 units and the eastern building fronting Wongala Crescent includes 22 units.  Each building includes lift access. The eastern building is split level and includes a lower ground floor level comprising two units.

The proposed basement car park is over two levels and includes 17 spaces on the lower level and 30 spaces on the upper level including 7 visitor spaces.

ASSESSMENT

The development application has been assessed having regard to the ‘Metropolitan Plan for Sydney 2031’, 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 and (Draft) North Subregional Strategy

The (Draft) Metropolitan Strategy for Sydney 2031 is a broad framework to provide for Sydney’s growth to help plan for housing, employment, transport, infrastructure, the environment and open space. It outlines a vision for Sydney to 2031; the challenges faced, and the directions to follow to address these challenges and achieve the vision. 

The North Subregion comprises Hornsby, Kuring-gai, Manly, Warringah and Pittwater Local Government Areas. The Draft North Subregional Strategy acts as a framework for Council in its preparation of the Comprehensive LEP by the end of 2013.

Within the North Subregion, the Draft Metropolitan Strategy proposes:

·          Population growth of 81,000 from the current 2011 baseline of 529,000

·          Housing growth of 37,000 from the current 2011 baseline of 204,000

·          Employment growth of 39,000 from the current 2011 baseline of 186,000

The proposed development increases the supply of housing in close proximity to public transport consistent with the Metropolitan Plan for Sydney 2031.

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 C (Medium/High 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 to high density residential environment.

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

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

Clause 15A of the HSLEP prescribes a maximum building height of 17.5m for residential flat development on the subject site. The proposed development complies with this requirement.

Clause 18 of the HSLEP sets out heritage conservation provisions for the Hornsby Shire. The site includes an item of heritage, a ‘garden’ of local significance at No. 25 Wongala Crescent, Beecroft. The site is within the Beecroft Village Precinct of the Beecroft-Cheltenham Heritage Conservation Area. The applicant submitted a Heritage Impact Statement concerning the proposed development. Refer to discussion in Section 2.12.3.   

2.2        Hornsby Local Environmental Plan 2013

The Hornsby Local Environmental Plan 2013 was made on 27 September 2013 and will come into effect on 11 October 2013.  The HLEP includes a savings provision stating that if a development application is made and not finally determined before the commencement of the HLEP, the application must be determined as if the Plan had been exhibited but not commenced.  The relevant provisions of the HLEP are addressed below.

2.2.1     Zoning

The site is zoned R4 (High Density Residential) pursuant to the Land Use Table of the HLEP. The proposed development is defined as a ‘residential flat building’ and is a permissible use in the zone with Council’s consent.

2.2.2     Height of Building

Clause 4.3 of the HLEP provides that the height of a building on any land is not to exceed the maximum height shown for the land on the Height of Buildings Map. The maximum permissible height for the subject site is 17.5 metres. The proposal complies with this provision.

2.3        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. 

The site has been used for residential purposes and office premises and is unlikely to be contaminated. No further assessment is considered necessary in this regard. 

2.4        State Environmental Planning Policy (Infrastructure) 2007

Pursuant to Clause 87 of the Policy, Council must not grant consent to residential development on land adjacent to a rail corridor unless noise levels within the building do not exceed 35 dB(A) for a bedroom and 40 dB(A) for anywhere else within the building other than a garage, kitchen, bathroom or laundry.

The applicant submitted a Rail Noise Assessment for the proposed development which details noise impacts from the operation of the rail line and the acoustic mitigation measures necessary for the building to comply with the required noise levels. The assessment also included recommendations for noise testing following construction of the development to ensure compliance with the noise level criteria.

A condition is recommended for compliance with the recommendations of the Rail Noise Assessment.

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

The Policy provides for design principles to improve the design quality of residential flat development and for consistency in planning controls across the State.

The applicant has submitted a design verification statement prepared by a qualified designer stating how the proposed development achieves the design principles of SEPP 65. The design principles of SEPP 65 and the submitted design verification statement are addressed below.

2.5.1     Principle 1 - Context

Design Principle 1 is as follows:

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

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

The context of the site is defined by the Desired Future Character Statement of the Housing Strategy Development Control Plan (Housing Strategy DCP) for the Beecroft Road Precinct (Residential Portion).  The desired future character of the precinct is for five storey residential flat buildings in landscape settings that maintain the setting of Beecroft Village.

On completion of the precinct, the development would integrate with the surrounding sites and would be in keeping with the desired urban form. Accordingly, the proposed development responds suitably to the “context” principle of SEPP 65, considering the desired future character of the area.

2.5.2     Principle 2 - Scale

Design Principle 2 is as follows:

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

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

The heritage precinct is undergoing transition. The scale of the future built environment is commensurate with Council’s planning controls which promote five storey residential flat buildings limited in depth and width to reduce mass and promote separate pavilions. 

The proposed development comprises two buildings reducing the bulk and scale of the overall development. The proposal complies with the maximum height limit permitted in the precinct.

The proposed development is contained within a building envelope that is appropriate for the site and is in accordance with the planning controls and desired future character of the precinct and is considered satisfactory in respect to Principle 2.

2.5.3     Principle 3 – Built Form

Design Principle 3 is as follows:

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

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

The Housing Strategy DCP includes planning controls for height, setbacks, building footprints and articulation, which prescribe the future built form of the heritage precinct. The proposed buildings as amended comply with the planning controls for built form for the precinct. Accordingly, the proposal is supported in respect to Principle 3.

2.5.4     Principle 4 – Density

Design Principle 4 is as follows:

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

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

The site density is regulated by the statutory height control of 17.5m and the Housing Strategy DCP prescriptive measures for setbacks and floorplate dimension. The proposal is within the DCP prescriptive measures as addressed in Section 2.12 of this report and is consistent with the desired future density of the precinct to accommodate 5 storey residential flat buildings. 

The submitted statement is supported in respect to Principle 4.

2.5.5     Principle 5 – Resource, Energy and Water Efficiency

Design Principle 5 is as follows:

Good design makes efficient use of natural resources, energy and water throughout its full life cycle, including construction.

Sustainability is integral to the design process. Aspects include demolition of existing structures, recycling of materials, selection of appropriate and sustainable materials, adaptability and reuse of buildings, layouts and built form, passive solar design principles, efficient appliances and mechanical services, soil zones for vegetation and reuse of water.

The applicant has submitted BASIX Certificate No. 450054M for the proposed 36 dwellings. In achieving the required BASIX targets for sustainable water use, thermal comfort and energy efficiency, the proposed development achieves the design criteria. The building design achieves an efficient use of natural resources, includes sustainable materials and passive solar design principles.

The submitted statement is supported in respect to Principle 5.

2.5.6     Principle 6 – Landscape

Design Principle 6 is as follows:

Good design recognises that together landscape and buildings operate as an integral and sustainable system, resulting in greater aesthetic quality and amenity for both occupants and the adjoining public domain.

Landscape design builds on the existing site’s natural and cultural features in responsible and creative ways. It enhances the development’s natural environmental performance by co-ordinating water and soil management, solar access, micro-climate, tree canopy and habitat values. It contributes to the positive image and contextual fit of development through respect for streetscape and neighbourhood character, or desired future character.

Landscape design should optimise useability, privacy and social opportunity, equitable access and respect for neighbour’s amenity, and provide for practical establishment and long term management.

The application includes a landscape concept plan providing landscaping along the street frontage, side and rear boundaries.  The planting would provide an appropriate landscape setting for the development.  In this regard, the proposed development is in accordance with the Landscaping principle of SEPP 65 and the Housing strategy DCP objective for buildings within landscaped settings.

2.5.7     Principle 7 – Amenity

Design Principle 7 is as follows:

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

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

The amenity design principle is prescribed by the Residential Flat Design Code (refer to discussion in Section 2.6). The proposed development is in accordance with the requirements of the Residential Flat Design Code in respect to solar access, visual and acoustic privacy, apartment layouts and size, private open spaces and natural ventilation.

The submitted statement is supported in respect to Principle 7.

2.5.8     Principle 8 – Safety and Security

Design Principle 8 is as follows:

Good design optimises safety and security, both internal to the development and for the public domain.

This is achieved by maximising overlooking of public and communal spaces while maintaining internal privacy, avoiding dark and non-visible areas, maximising activity on streets, providing clear, safe access points, providing quality public spaces that cater for desired recreational uses, providing lighting appropriate to the location and desired activities, and clear definition between public and private spaces.

The proposed development is designed to enable casual surveillance of entry points to the buildings and the public domain and is considered satisfactory in respect to Crime Prevention Through Environmental Design principles (CPTED). A condition is recommended to address locks on fire exit doors and ground floor windows, graffiti management and entry to the basement.

The submitted statement is supported in respect to Principle 8.

2.5.9     Principle 9 – Social Dimensions and Housing Affordability

Design Principle 9 is as follows:

Good design responds to the social context and needs of the local community in terms of lifestyles, affordability, and access to social facilities.

New development should optimise the provision of housing to suit the social mix and needs in the neighbourhood or, in the case of precincts undergoing transition, provide for the desired future community.

New development should address housing affordability by optimising the provision of economic housing choices and providing a mix of housing types to cater for different budgets and housing needs.

The Housing Strategy DCP includes prescriptive measures for housing choice and for adaptable housing to provide for aging in place. The proposal provides a housing mix and adaptable housing and is supported in respect to Principle 9.

2.5.10   Principle 10 – Aesthetics

Design Principle 10 is as follows:

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

The proposed development is designed to address the two street frontages and is of contemporary design. The building articulation and design responds to the site aspect and creates functional use of space.

The proposed development, as amended to address the heritage precinct, is considered satisfactory in respect to Principle 10.  

2.6        SEPP 65 – Residential Flat Design Code

SEPP 65 also requires consideration of the Residential Flat Design Code, NSW Planning Department 2002. The Code includes development controls and best practice benchmarks for achieving the design principles of SEPP 65. The following table sets out the proposal’s compliance with the Code:

 

Residential Flat Design Code

Control

Proposal

Requirement

Compliance

Deep Soil Zone

37%

25%

Yes

Communal Open Space

27%

25-30%

Yes

Gnd Level Private Open Space 

 10m2+

Min Dimension 2.7m

25m2

Min Dimension 4m2

No

No

Minimum Dwelling Size

1 br –  50m2

2 br –  75m2

3 br –   103m2

1 br – 50m2

2 br – 70m2

3 br – 95m2

Yes

Yes

Yes

Maximum Kitchen Distance

8m

8m

Yes

Minimum Balcony Depth

2.26m

2.0m

Yes

Dual Aspect & Cross Ventilation

100%

60%

Yes

Adaptable Housing

30%

10%

Yes

 

As detailed in the above table, the proposed development complies with the prescriptive measures within the Residential Flat Design Code other than the ground floor open space areas. Below is a brief discussion regarding the relevant development controls and best practice guidelines.

2.6.1     Ground Floor Apartments

The Code encourages separate entries for ground floor apartments and private gardens areas at ground level. 

The proposed ground floor unit open space areas include recessed balconies and courtyards contained within the building envelope. The landscaped area surrounding the building is not allocated for private gardens for individual ground floor units, in accordance with the Housing Strategy DCP key principle for buildings to be in landscaped settings.

The non-compliance with the best practice 25m2 open space area and 4m dimension for ground floor private open space is therefore considered acceptable. 

2.6.2     Internal Circulation

The proposed development includes pedestrian access off Chapman Avenue to the lobby of the western building and pedestrian access off Wongala Crescent to the lobby of the eastern building. The lift of the western building services two to three units on each floor. The lift of the eastern building services up to five units on each level of the building. The lift lobby/corridors meet the Code’s requirements for amenity and the number units accessed (less than 8). 

The two buildings share the basement car park and are interconnected at the ground floor levels but are otherwise separate buildings. The eastern building includes two lower ground floor units at the southern elevation. The common open space area of the eastern building is primarily the landscaped south western area of the site. The common open space area for the western building is mainly at the Chapman Avenue frontage.

The proposed internal circulation spaces and open walkway between the two buildings would link with the communal space areas and promote a resident community for the two buildings.

It is considered the proposed internal circulation spaces achieve the best practice requirements of the Code

2.6.3     Safety and Visual Privacy

The proposed development is designed to enable casual surveillance of public access to the development and communal open space areas.

The ground floor walkway between the two buildings would overlook the private open space of the lower ground floor unit and ground floor unit at the southern elevation of the eastern building. A condition is recommended for privacy screening of the open space areas.

Appropriate conditions for building and unit security and graffiti management, are recommended for the safety and security of residents of the proposed development.

2.6.4     Acoustic Privacy

The site is subject to noise impacts from the operation of the Northern Railway opposite the site. 

The applicant has submitted a Rail Noise Assessment which includes recommendations for noise mitigation measures, including for walls, ceiling and roof, windows and doors and for mechanical ventilation; for the building to comply with Council’s Code of Practice for Sound Insulation of Residential Buildings. The report also includes a recommendation for acoustic evaluation following construction of the development.

The floor plan layout of the proposed units ensures effective grouping and separation of noise generating kitchen, bathroom and laundry areas from the quieter bedroom areas of the units.

To minimise noise impacts on neighbouring resident amenity during construction of the development, a condition is recommended for compliance with the Interim Construction Noise Guidelines 2009 – NSW Department of Environment and Climate Change.

Subject to recommended conditions for compliance with the Rail Noise Assessment, the proposed development meets the Code’s best practice requirements for acoustic privacy.    

2.6.5     Storage

The proposed units include built-in robes and linen cupboard storage. The basement includes caged storage areas for all 36 units. The proposal would comply with the Codes best practice storage areas requirements.

2.7        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 units and is considered to be satisfactory.

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

The application has been assessed against the requirements of SEPP 32, which requires Council to implement the aims and objectives of this Policy to the fullest extent practicable when considering development applications relating to redevelopment of urban land.   The application complies with the objectives of the Policy as it would promote social and economic welfare of the locality and would result in the orderly and economic use of under utilised land within the Shire.

2.9        Sydney Regional Environmental Plan (Sydney Harbour Catchment) 1995

The site is located within the catchment of the Lane Cove River, part of the Sydney Harbour Catchment. The aim of the plan is to protect and enhance the catchment, promote ecologically sustainable urban development, the protection of watercourses, riparian lands and remnant vegetation.

Subject to the implementation of sediment and erosion control measures and stormwater management to protect water quality, the proposed development would comply with the requirements of the Plan.

2.10      Clause 74BA Environmental Planning and Assessment Act, 1979 - Purpose and Status of Development Control Plans

On 1 March 2013, the Environmental Planning and Assessment Act, 1979 was amended so that a DCP provision will have no effect if it has the practical effect of “preventing or unreasonably restricting development” that is otherwise permitted and complies with the development standards set out in relevant Local Environmental Plans and State Environmental Planning Policies. 

The principal purpose of a development control plan is to provide guidance on the aims of any environmental planning instrument that applies to the development; facilitating development that is permissible under any such instrument; and achieving the objectives of land zones under any such instrument. The provisions of a development control plan made for that purpose are not statutory requirements.

2.11      Hornsby Development Control Plan 2013

The Hornsby Development Control Plan (HDCP) 2013 applies to all land within Hornsby Shire and will replace Council’s existing DCPs, providing development controls to complement the HLEP 2013.  The HDCP will come into effect on 11 October 2013. 

The following sections of this report include a detailed assessment of the proposal against Council’s existing DCP controls. Although the HDCP was not in force at the date of finalising this report, the development proposal has been assessed against the Plan. 

The HDCP is generally a transition of Council’s existing DCPs, into a consolidation Plan.  Notwithstanding, it is noted that the proposed development would not comply with a number of requirements of the HDCP as discussed below:

2.11.1   Building Form and Separation

The required minimum separation between buildings on large sites is increased from 6m to 9m.  The proposed building separation is 6m+ and reduces to 1.5m in part. The non-compliance with HDCP is considered acceptable in the circumstances given the merit of the design in achieving the desired outcome for built form and separation as discussed in Section 2.12.7.  

2.11.2   Landscaping

The required landscaping between buildings is increased from 6m x 6m to 7m x 7m of deep soil landscaping under the new DCP. The proposed separation between the western building and the eastern building does not comply with this requirement. The non-compliance is considered acceptable with regard to the available area for deep soil landscaping (37% of site) and the proposed planting of 15 locally indigenous canopy trees. 

2.11.3   Vehicle Access and Parking

The HDCP includes revised car parking provision with regard to proximity to a railway station and a new provision for motor cycle parking. In this regard, the proposed car parking would exceed the required 37 spaces for residents, 5 visitor spaces and would require 1 motor cycle space. A condition is recommended for 1 motor cycle space and a minimum of 42 car parking spaces including 5 visitor spaces, in accordance with the revised controls for transport and parking.    

2.12      Housing Strategy Development Control Plan

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

 

Housing Strategy Development Control Plan

Control

Proposal

Requirement

Compliance

Site Width

64.5m

Min – 30m

Yes

Height

5 storeys – 17.5m

5 storeys – 17.5m

Yes

Lowest Residential Floor Above Ground

N/A

Max - 1.50m

N/A

Maximum Floorplate Dimension

29.5m

35m

Yes

Building Indentation

4m x 4m

4m x 4m

Yes

Eastern Building Front Setback

12m

10m < 1/3rd building

 Balc. 9m  

12m

10m < 1/3rd building

Balc. 9m

Yes

Yes

Yes

Chapman Avenue  Setback

Eastern Bldg – 10m

Western Bldg – 10m

10m

10m

Yes

Yes

S Side Setback

6m

0m < 1/3rd building

Balc. 4m

6m

4m < 1/3rd building

Balc. 4m

Yes

Yes

Yes

W Side Setback

6m

4m < 1/3rd building

Balc. 4m

6m

4m < 1/3rd building

Balc. 4m

Yes

Yes

Yes

Top Storey Setback From Ground Floor

3m

3m

Yes

Underground Parking Setback

Front - 9m

Chapman Ave - 4m

W Side – 4m

S Side – 6m

9m

10m

4m

4m

Yes

No

Yes

Yes

Basement Ramp Setback

2m

2m

Yes

Building Separation

>1.5m

6m

No

Car Parking

40 resident spaces

7 visitor spaces

40 resident spaces

7 visitor spaces

Yes

Yes

Landscaping

Front – > 8.75m

S Side – > 4.8m

N Side – 10m

Rear – >4m

7m

4m

4m

7m

Yes

Yes

Yes

No

Private Open Space Min Width 2.5m

1 br units - > 10m2

2 br units - > 12m2

3 br units - > 17m2

10m2

12m2

16m2

Yes

Yes

Yes

Communal Open Space

27%

25%

Yes

Sunlight Access

88%

70%

Yes

Housing Choice

1 br units – 14%

2 br units - 75%

3 br units – 11%

10%

10%

10%

Yes

Yes

Yes

Adaptable Units

30%

30%

Yes

 

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

2.12.1   Desired Future Character

The proposed development is designed with regard to the orientation of the site and the Beecroft Village streetscape. The proposal demonstrates compatibility with the desired future character of the Beecroft Road Precinct (Residential Portion).    

2.12.2   Design Quality – SEPP 65

The proposed development is satisfactory in respect to the design principles of SEPP 65 as discussed in Sections 2.5 and 2.6 of this report.

2.12.3   Heritage Conservation

The property No. 25 Wongala Crescent is listed as a heritage item (Garden) of local significance under the provisions of Schedule D (Heritage Items) of the Hornsby Shire Local Environment Plan (HSLEP) 1994. The subject site is located within the Beecroft/Cheltenham Heritage Conservation Area under provisions of Schedule E (Heritage Conservation Areas) of the HSLEP 1994.

Council’s Heritage Advisory Committee has considered the proposal and notes that the existing dwelling-house at No. 25 Wongala Crescent is a well articulated example of a 1910’s Federation cottage and together with its heritage listed garden is a contributory element to the distinctive early residential character of the Beecroft/Cheltenham Heritage Conservation Area.

The subject land was rezoned as part of Council’s Housing Strategy in 2011, which foreshadowed demolition of the house and garden at No. 25 Wongala Crescent. The Committee concluded the proposed demolition is therefore acceptable subject to a photographic and measured drawing record of the dwelling-house and heritage listed garden. A condition is recommended in this regard.

The proposed buildings are well articulated, include face brick finishes, recessed balconies and treatment that responds to the character of the Beecroft Village streetscape. The proposal complies with the heritage precinct prescriptive measures of the Housing Strategy DCP. 

The landscaped area at the Chapman Avenue frontage reduces in depth from the frontage to the edge of the proposed buildings, over the basement car park. The proposed landscaping in this area comprises lawn areas, shrubs and raised planters. The applicant submitted documentation demonstrating the soil depth reduces to 1.5m which is considered acceptable for the establishment of the proposed landscaping.

The proposed landscaping is considered satisfactory in complimenting the proposed buildings and the heritage streetscape, subject to recommended conditions. Refer also to discussion in Section 2.12.13. 

2.12.4   Site Requirements

The site is a consolidated site and is in accordance with the dimension requirements of the Housing Strategy DCP.

In respect to potential isolated sites and the adjoining properties at No. 23 Wongala Crescent (health consulting rooms) and No. 23A Wongala Crescent (child care centre), it is considered the adjoining properties could be consolidated with any future redevelopment of the Beecroft Village Arcade site. 

2.12.5   Height

The proposed eastern building and the western building are five storey buildings. The buildings comply with the maximum building height of 17.5m.

The proposal however, exceeds the Housing Strategy DCP requirement for the basement car park not to project more than 1m above natural ground level, by approximately 0.5 metres. The basement projects more than 1m at the stepping of the proposed building to the lower ground floor due to the site gradient. The non-compliance is considered acceptable with regard to the design merit in the stepping of the building to the sloping site, the minor variation and compliance with the 17.5m height limit.

2.12.6   Setbacks

The proposed five storey buildings are well setback to the lower side of Chapman Avenue and to the corner frontage.

The proposed buildings comply with the setbacks prescriptive measures of the Housing Strategy DCP. In this regard, the proposal also complies with the required 10m setback to Chapman Avenue. Chapman Avenue would otherwise be a secondary street frontage and addressed as a side setback. Side setbacks are proposed for the site’s western boundary and the southern boundary, which is considered appropriate with regard to the siting of future development on the adjoining sites achieving a minimum 12m separation between buildings.

The proposed underground car parking is designed with regard to Chapman Avenue as a side setback. The non-compliance with the 10m setback requirement is considered acceptable with regard to the depth of landscaping over the basement car park to a minimum of 1.5m. The proposed landscaping contributes to the heritage streetscape. Refer also to comments in Section 2.12.13 and Section 2.12.14.

2.12.7   Floorplates and Separations

The proposed western building complies with the prescriptive measures for maximum floor plate dimension. The proposed eastern building has a maximum dimension of 26.8m and includes numerous breaks at the eastern elevation which achieve the intent of the required 4 x 4m indentation for buildings greater than 25m in dimension.   

At the Chapman Avenue elevation, the western building and the eastern building are separated by a 6m+ x 18.5m area including a 6m x 6m area of deep soil landscaping. The proposed building separation achieves the key principle of the Housing Strategy DCP for well articulated pavilion form to complement the established pattern of detached dwellings in the streetscape.

The proposed building separation reduces to 1.5m in non-compliance with the Housing Strategy DCP.  The eastern building is stepped to the site at the southern section of the building and extends to within 1.5m of the western building. The two proposed buildings otherwise comply with the required 6m building separation. The proposed non-compliance is considered acceptable with regard to merit of the design of the development in addressing the corner site and the site gradient, and the negligible impact on streetscape, privacy and residential amenity.

2.12.8   Articulation

The proposed development is well articulated to the Chapman Avenue and Wongala Crescent frontages. The proposed facades are substantially face brick and comply with the prescriptive measures for facades to be divided by two vertical steps, for some balconies to be set behind the alignment of exterior walls and for a minor proportion of balconies to have glazed balustrades.      

The buildings feature a mix of materials and fenestration in balanced composition. The top storey features wide eaves and low pitch roof and contrast finishes to the lower levels which is considered acceptable.

It is considered the articulation of the propose buildings achieves the desired outcome of the Housing Strategy DCP.

2.12.9   Open Space

The proposed open space areas comply with the minimum area requirements and would function as ‘outdoor rooms’ off the unit living areas. The ground floor open space areas are generally contained within the building envelope, maximising the available area for landscaping.

The proposed communal open space areas include passive and active areas readily accessible from the units.

The proposed development would promote active living in design for pedestrians with wide graded pathways and in provision for cyclists.

2.12.10 Privacy

The proposed units are well oriented and designed for privacy with the inclusion of louvered metal screens to opposing balconies and for additional privacy at the street frontage. 

A condition is recommended for glass balustrades to be in translucent glass. A condition is also recommended for privacy screens to the main balconies of Units 1 and 10.

Subject to recommended conditions, the proposed development complies with the Housing Strategy DCP prescriptive measures for privacy and security.

2.12.11 Sunlight and Ventilation

The proposed units are well designed for sunlight access and ventilation in compliance with the prescriptive measures of the Housing Strategy DCP.

The proposed development would allow more than 3 hours of sunlight to open space areas of the adjoining child care centre between 9am and 3pm 22 June.

2.12.12 Housing Choice

The proposed development complies with the Housing Strategy DCP housing choice requirement for a mix of one, two and three bedroom dwellings and for the provision of adaptable housing.

2.12.13 Landscaping

The majority of existing trees on the site are exotic species other than two Eucalyptus saligna (Sydney Blue Gum) at the corner frontage which would be retained (Tree Nos. 9 and 12). 

The proposed landscaping includes 15 locally indigenous canopy trees including Angophora costata (Sydney Red Gum) and Eucalyptus haemastoma (Scribbly Gum) that are located to be visually prominent and contribute to the neighbourhood tree canopy. 

The proposed landscaping provides more formal outdoor spaces at the street frontage to complement the heritage precinct and creates appropriate communal areas and amenity for residents.

The submitted landscaping plan includes notation for 1.2m high brick pier and metal infill fence to the front boundary. However, no elevations have been submitted. To address the heritage streetscape and the public domain, a condition is recommended for front boundary fencing to be subject to a future development application.

The proposed landscaping complies with the prescriptive measures of the Housing Strategy DCP subject to recommended conditions.

2.12.14 Vehicle Access and Parking

The site frontage experiences pedestrian traffic in relation to Beecroft Railway Station, Beecroft Village Shops and the Arden Anglican Primary School.

Vehicle access to the proposed development is off Wongala Crescent at the southern elevation of the building, which is adjacent to an existing child care centre and health consulting rooms. The width of the proposed accessway reduces to 3.8m wide and does not provide for two way traffic. The proposal includes traffic control lights for one-way traffic. A 2m setback is proposed to the southern side boundary in compliance with the Housing Strategy DCP

The proposed accessway has been assessed by Council with regard to AS2890.1 and AS2890.2 and it is considered two-way access would be preferred for pedestrian and road safety. A condition is recommended for the plans to be amended for provision of a minimum 5.5m width accessway in accordance with AS2890.1. The resulting non-compliance of the driveway with the required 2m setback from the southern side boundary is considered acceptable.

The proposed accessway and basement car park would allow a small rigid waste collection vehicle to enter and leave the site in a forward direction. 

The proposed basement car park includes provision for 40 resident car parking spaces and 7 visitor spaces, together with provision for bicycle storage and for resident storage facilities, in accordance with the Housing Strategy DCP prescriptive measures.

2.12.15 Key Development Principles

The proposed development is generally consistent with the form and layout of development envisaged for the Beecroft Road Precinct (Residential Portion) as detailed in the ‘Key Principle Diagram’ of the Housing Strategy DCP.

In this regard, the demolition of the heritage item on the site is considered acceptable as discussed in Section 2.12.3.

2.13      Waste Minimisation and Management Development Control Plan

The submitted demolition and construction waste management plans do not include details concerning waste disposal. A condition is recommended for this information to be provided at construction certificate stage.

The proposed development’s waste management includes a garbage chute and recycling bin on each floor. The two buildings include 14 and 22 dwellings per chute respectively, so provided that 660 L garbage bins are used, it is acceptable to have the site caretaker change the bins under the chute rather than require volume handling equipment.

The development will require 3 of 660 L garbage bins serviced twice weekly, plus 10 of 240 L recycling bins serviced weekly. The development will not require green waste bins.

The development can be serviced by a small rigid vehicle which drives onto the site and exits the site in a forward direction. Vehicle turning paths have been provided to demonstrate that access for the waste collection vehicle has been designed for small rigid vehicles in accordance with Australian Standard AS2890.2 – 2002 Parking Facilities Part 2: Off-street commercial vehicle facilities

The bin room includes a bin under each chute, bin storage space, truck parking bay, and an area for residents to place bulky unwanted items awaiting removal.

The lift in the western building terminates on level 1 rather than continuing to the basement bin room. This would require the site caretaker to take the recycling bins from this tower to the level 1 car park and then either wheel them down the vehicular ramp (a safety concern) or wheel them across the car park to the lift for the eastern building to take the bins one level down to the bin room. Similarly, residents from the western building would face the same inconvenience when using the bulky item storage area. A condition is recommended for lift access to the bin room level to be provided for the western building.

The lift in the eastern building provides convenient accesses to the bin room.

Subject to recommended conditions, the proposed development is considered satisfactory in respect to the Waste Minimisation and Management Development Control Plan.

2.14      Heritage Development Control Plan

The requirements of the Heritage Development Control Plan in respect to the subject site have been incorporated into the Housing Strategy DCP and are addressed by the proposed development as discussed in Section 2.12.3.  

3.         ENVIRONMENTAL IMPACTS

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

3.1        Natural Environment

The proposed development would necessitate the removal of 12 trees from the site. None of the trees to be removed are locally indigenous trees subject to Council’s Tree Preservation Order or identified as significant.

The application is supported by an arborist report which includes recommended tree protection measures for the trees to be retained including two Sydney Blue Gums (Tree Nos. 9 and 12).

The submitted landscape plans includes locally indigenous trees and shrubs that would contribute to the local tree canopy and the natural environment. 

3.2        Built Environment

3.2.1     Residential Character

The site is within a precinct undergoing transition to higher density housing. The proposed scale, built form and presentation of the development would establish an appropriate precedent for development within the precinct. The proposed development is in accordance with the key principles for the Beecroft Road Precinct (Residential Portion) of the Housing Strategy DCP.

3.2.2     Traffic Generation

In the preparation of Council’s Housing Strategy, transport modelling was undertaken to determine the traffic impact of development within the precincts to be rezoned as part of the Strategy.  Traffic modelling and assessment for the Beecroft Road Precinct established that additional traffic that would be generated in the Precinct would not have a significant impact on existing roadway conditions and intersection performance in the area.

Notwithstanding, the forecast development yields in the Beecroft Road Precinct may be exceeded if optimal market conditions continue and the precinct is fully developed. Further modelling is required to determine the cumulative traffic impacts of increased development yields and this is currently being progressed by Council.

Council’s traffic assessment of the proposal concludes that, the traffic generated by the proposed development would not have any unacceptable traffic implications in terms of the State Road Network capacity.

3.3        Social Impacts

The proposed development will increase the availability of housing in the locality including the provision of adaptable housing and be of positive social impact.

3.4        Economic Impacts

The proposal would have a minor positive impact on the local economy in conjunction with other new 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 or flood prone land.  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 proposed development was placed on public exhibition and was notified to adjoining and nearby landowners between 13 February and 6 March 2013 in accordance with Council’s then Notification and Exhibition Development Control Plan.  During this period, Council received ten submissions. The amended proposal was notified between 24 July and 7 August 2013. During this period, Council received seven 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

 

5 SUBMISSIONS RECEIVED OUT OF MAP RANGE

 

The submissions received in response to the initial notification of the application object to the development, generally on the grounds that the development would result in:

·          Non-compliance with Housing Strategy DCP :- rear setback, building height, Chapman Avenue setback, Wongala Crescent setback, privacy, isolated site, 6m x 6m deep soil, 6m building separation, communal open space, landscaping, housing choice and articulation;

·          Unacceptable noise from railway;

·          Unacceptable traffic and road safety;

·          Unacceptable impact on heritage character; and

·          Unacceptable loss of trees.

The amended plans submitted on 9 July 2013 addressed the majority of concerns raised in the submissions to the original proposal. Seven submissions object to the amended proposal, including four submissions from previous objectors, generally on grounds that the development would result in:

·          Isolated site Wongala Crescent;

·          Non compliant rear and side setbacks;

·          Insufficient deep soil Chapman Avenue frontage; and

·          Non-compliant 6m separation between buildings.

Two submissions were neutral to the development and made the following observations:

·          The existing heritage garden and dwelling house should be recorded before demolition; and

·          Construction impacts need to be minimised.

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

5.2        Public Agencies

The development application was not referred to any Public Agencies for comment. 

6.         THE PUBLIC INTEREST

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

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

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

CONCLUSION

The proposal is for the demolition of existing buildings and construction of two five storey residential flat buildings containing 36 units and strata title subdivision.

The proposed development is considered of satisfactory design in compliance with the requirements of the Housing Strategy DCP - Part 3 Heritage Precinct Development and Hornsby DCP 2013. The proposal complies with the requirements for the desired future character of the precinct and would compliment the heritage significance of the Beecroft-Cheltenham Heritage Conservation Area.

The proposed development is in accordance with the design principles of SEPP 65 – Design Quality Residential Flat Development and the best practice design requirements of the Residential Flat Design Code.

The proposed development complies with the requirements of the Housing Strategy DCP in respect to site requirements, height, articulation, open space, privacy, sunlight and ventilation, housing choice, landscaping and vehicle access and parking. The proposed non-compliance with the 6m separation between buildings and the 10m setback of the underground car park from Chapman Avenue is considered acceptable on merit with regard to the constraints of the corner site.  

The recommended condition for the plans to be amended for the accessway width to allow two-way traffic is considered appropriate for traffic safety and acceptable with regard to non-compliance with the required 2m driveway setback.   

A total of 17 submissions were received in response to the proposal.

The application is recommended for approval.

 

 

 

 

Rod Pickles

Manager - Development Assessment

Planning Division

 

 

James Farrington

Group Manager

Planning Division

 

 

Attachments:

1.View

Locality Map

 

 

2.View

Site/Roof Plan

 

 

3.View

Landscape Plan

 

 

4.View

Floor Plans

 

 

5.View

Elevations

 

 

6.View

Sections

 

 

7.View

Shadow Plan

 

 

8.View

Photomontage

 

 

 

 

File Reference:           DA/38/2013

Document Number:     D02441976

 


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.

Plan Title

Drawn by

Dated

A01 Rev C

Site/roof plan

Architects Becerra

Aug 2012

A02 Rev F

Basement Plan

Architects Becerra

Aug 2012

A03 Rev D

Level 1 Floor Plan

Architects Becerra

Aug 2012

A04 Rev C

Level 2 Floor Plan

Architects Becerra

Aug 2012

A05 Rev D

Level 3 Floor Plan

Architects Becerra

Aug 2012

A06 Rev E

Level 4 Floor Plan

Architects Becerra

Aug 2012

A07 Rev D

Level 5 Floor Plan

Architects Becerra

Aug 2012

A08 Rev C

Level 6 Floor Plan

Architects Becerra

Aug 2012

A09 Rev D

Elevations

Architects Becerra

Sept 2012

A10 Rev D

Elevations

Architects Becerra

Sept 2012

A11 Rev D

Sections

Architects Becerra

Aug 2012

A12 Rev B

Materials & Finishes

Architects Becerra

Sept 2012

A21 Rev A

Chapman Avenue Landscape Section

Architects Becerra

Aug 2012

LPDA 13 - 107/1

Landscape Plan

Conzept Landscape Architects

Dec 2012

LPDA 13 – 107/2

Landscape Details

Conzept Landscape Architects

Oct 2012

 

Document Title

Prepared By

Dated

Arboricultural Assessment Report

Jacksons Nature Works

11 Sept 2013

Rail Noise Assessment

Acoustic Dynamics

17 Jan 2013

Heritage Impact Assessment and Demolition Report

Andrew Starr and Associates Heritage Consultants

October 2012

Waste Management Plan

Architects Becerra

Undated

BASIX Certificate No. 450054M

Gradwell Consulting

14 Dec 2012

2.         Amendment of Plans

The approved plans are to be amended as follows:

a)         The lift of the western building must continue to the lower basement level.

b)         The accessway width must not be less than 5.5m.

c)         The traffic lights are deleted.

d)         The basement car park must include 1 motor cycle parking space and a minimum of 42 car parking spaces including 5 visitor spaces.

3.         Removal of Existing Trees

This development consent only permits the removal of tree(s) numbered 6, 7, 10, 14, 16, 18, 20, 29, 30, 32, 33, 34 and 35 as identified on Plan No. LPDA 13 – 107/1 prepared by Conzept Landscape Architects dated Dec 2012. The removal of any other trees requires separate approval under Council’s Tree Preservation Order.

4.         Construction Certificate

A Construction Certificate is required to be approved by Council or a Private Certifying Authority prior to the commencement of any works under this consent.

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 relevant 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.

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; and

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

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

i)          The name of the owner-builder and;

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

Note:  If arrangements for doing the residential building work are changed while the work is in progress so that the information notified becomes out of date, further work must not be carried out unless the principal certifying authority for the development to which the work relates (not being Council) has given Council written notification of the updated information.

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.         Adaptable Units

a)         The details of the adaptable units Nos. 1, 2, 9, 10, 17, 18, 25, 26 and 57 must be provided with the Construction Certificate Plans.

b)         Units Nos. 6, 14, 22 and 30 must be in compliance with AS1428.1 – Design for Access and Mobility.

10.        Dilapidation Report

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

No. 23 Wongala Crescent, Beecroft.

No. 23A Wongala Crescent, Beecroft.

No. 1 Chapman Avenue, Beecroft.

11.        Noise – Rail Corridor

The development must be carried out in accordance with the recommendations contained within the acoustic report submitted with the development application, titled Rail Noise Assessment, prepared by Acoustic Dynamics and dated 17 January 2013 and the requirements of the Department of Planning’s Development Near Rail Corridors and Busy Roads – Interim Guideline and RailCorp’s Interim Guidelines for Applicants.

Note:  The Department of Planning’s document is available at www.planning.nsw.gov.au (development assessments).  The RailCorp document is available at www.railcorp.nsw.gov.au/publications.

12.        Preservation of Survey Infrastructure

Prior to the issue of a construction certificate, a registered surveyor shall 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"

13.        Waste Management Details

The following waste management requirements must be complied with:

a)         The lift in the western building must continue down to the basement level (bin storage room level).

b)         A Waste Management Plan Section One – Demolition Stage and Section Three – Construction Stage, covering the scope of this project and including the following details, is required to be submitted to Council:

i)          An estimate of the types and volumes of waste and recyclables to be generated;

ii)          A site plan showing sorting and storage areas for demolition and construction waste and the vehicle access to these areas;

iii)         How excavation, demolition and construction waste materials will be reused or recycled and where residual wastes will be disposed;

iv)         The total percentage (by weight) of demolition and construction waste that will be reused or recycled.

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

14.        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.

15.        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.

16.        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.

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.        Tree Protection Barriers

To avoid injury or damage, trees numbered 9, 11, 12, and 13 must have trunks protected by 2 metre lengths of 75mm x 25mm hardwood timbers spaced at 80mm secured with galvanised wire (not fixed or nailed to the tree in any way.

19.        Heritage Conservation

A photographic and measured drawing record of the dwelling-house and heritage listed garden at No. 25 Wongala Crescent shall be taken by a suitable qualified professional prior to the demolition of any structures or garden features on the site. The photographic record should be undertaken in accordance with the Office of Environment and Heritage, Heritage Branch guidelines and two (2) complete copies submitted to Hornsby Council. The photographic and measured drawing record shall include (but not be limited to) an accurate record of the exterior and interior of the dwelling-house, all physical features that contribute to their cultural significance, original and significant elements of the garden, and the context of the site. Any boarding over window and door openings shall be removed for the duration of the archival recording to provide a clear recording of the built form and materials. Satisfaction of this condition shall be confirmed by written advice by Council’s Strategic Planning Branch. 

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, in accordance with Interim Construction Noise Guidelines 2009 – NSW Department of Environment and Climate Change.

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

21.        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 must be disposed of to an authorised recycling and/or waste disposal site and/or in accordance with an approved waste management plan;

b)         Demolition works, where asbestos material is being removed, must be undertaken by a contractor that holds an appropriate licence issued by WorkCover NSW in accordance with Chapter 10 of the Occupational Health and Safety Regulation 2001 and Clause 29 of the Protection of the Environment Operations (Waste) Regulation 2005 and;

c)         On construction sites where buildings contain asbestos material, a standard commercially manufactured sign containing the words ‘DANGER ASBESTOS REMOVAL IN PROGRESS’ measuring not less than 400mm x 300mm must be erected in a prominent position visible from the street.

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.        Street Sweeping

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

24.        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 5 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.

25.        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 must be kept in a clean, tidy and safe condition at all times.

26.        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.

b)         A compaction certificate is to be obtained from a geotechnical engineer verifying that the specified compaction requirements have been met.

27.        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.

28.        Waste Management Details

Waste management during the demolition and construction phase of the development must be undertaken in accordance with the approved Waste Management Plan. Additionally written records 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.

29.        Survey Report – Finished Floor Level

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

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

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

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.

30.        Fulfilment of BASIX Commitments

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

31.        Sydney Water – s73 Certificate

An s73 Certificate must be obtained from Sydney Water.

32.        Stormwater Drainage – Dwellings

Stormwater from the site shall be connected to the Council’s piped system within Wongala Crescent via an on site detention system and shall be in accordance with Council’s Civil Works-Design and Construction Specifications 2005 and the following requirements:

a)         Necessary pits and drainage lines are to be constructed to connect to the nearest Council pit.

b)         The stormwater drainage plan is to indicate all the trees in the proximity of drainage lines and method of protection of the trees that are to be retained. 

c)         Obtain a construction certificate from Council to carry out drainage works within Council’s road reserve (Council is the only authority to approve works   within is road reserves). 

33.        On-site Detention

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

a)         The drainage system to control all collected roof and surface stormwater shall be designed with an on-site-detention system (rain water tanks/above or below ground facility). Stormwater discharge from the development site shall be limited to 5 year pre development ARI discharge level. On site detention storage shall be provided for up to 50 year ARI storm events. Detail calculations are to be submitted with a construction certificate application.

b)         Have a surcharge/inspection grate located directly above the outlet. An overland flowpath is to be constructed ensuring that stormwater flows to Wongala Crescent.  

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

d)         Where above ground and the average depth is greater than 0.3 metres, a ‘pool type’ safety fence and warning signs to be installed.

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

f)          A construction certificate application is to be submitted and approval obtained prior to commencement of works. 

34.        Internal Driveway/Vehicular Areas

The driveway and parking areas on site must be designed in accordance with Australian Standards 2890.1, 2809.2 and 3727 and the following requirements:

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

b)         The driveway be a rigid pavement.

c)         The driveway pavement be 0.15 metres thick reinforced concrete with F72 steel reinforcing fabric and a 0.15 metre sub-base

d)         The driveway grade must not exceed 25 percent and changes in grade must  not exceed 8 percent.

35.        Footpath and Kerb and Gutter

The uneven sections of the nature strip along frontage of the development must be properly graded and turfed. 

Damaged footpath and kerb and gutter must be replaced.

36.        Vehicle 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)         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.

37.        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.

38.        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.

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

39.        Installation of Privacy Devices

The following device(s) must be installed to maintain an element of privacy.

a)         Opposing balconies must be fitted with sliding stackable louvered metal screens extendable to the full width of the balconies;

b)         The above metal louvered privacy screens are to be fitted to the main balcony open space areas of Unit 1 and Unit 10;

c)         All glass balustrades must be translucent glass.

40.        Retaining Walls

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

41.        Works As Executed Plan

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

42.        Survey Infrastructure

A registered surveyor shall certify that there is no removal, damage, destruction, displacement or defacing of the existing survey marks in the vicinity of the proposed development and/or the re-establishment of damaged, removed or displaced survey marks has been undertaken in accordance with  the Surveyor General’s Directions  No.11 – "Preservation of Survey Infrastructure"

43.        Completion of Landscaping

a)         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.

b)         The 1.2m high front boundary fence noted on the approved Landscape Plan is not approved under this consent. A development application must be submitted to Council for the proposed front boundary fencing of the site. 

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.

44.        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.

45.        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.

46.        Unit Numbering

The allocation of unit numbering must be authorised by Council prior to the numbering of each unit in the development.

47.        Section 94 Development Contributions

a)         In accordance with Section 80A(1) of the Environmental Planning and Assessment Act 1979 and the Hornsby Shire Council Section 94 Development Contributions Plan 2012-2021, the following monetary contributions shall be paid to Council to cater for the increased demand for community infrastructure resulting from the development:

Description

Contribution (4)

Roads

$21,207.35

Open Space and Recreation

$382,983.40

Community Facilities

$53,712.05

Plan Preparation and Administration

$1605.45

TOTAL

$459,508.25

 

being for 5 x 1 bedroom units, 27 x 2 bedroom units and 4 x 3 bedroom units and including a credit for four existing allotments.

b)         If the contributions are not paid within the financial quarter that this consent is granted, the contributions payable will be adjusted in accordance with the provisions of the Hornsby Shire Council Section 94 Development Contributions Plan and the amount payable will be calculated at the time of payment in the following manner:

$CPY   =   $CDC  x CPIPY

        CPIDC

Where:

$CPY    is the amount of the contribution at the date of Payment

$CDC    is the amount of the contribution as set out in this Development Consent

CPIPY is the latest release of the Consumer Price Index (Sydney – All Groups) at the date of Payment as published by the ABS.

CPIDC is the Consumer Price Index (Sydney – All Groups) for the financial quarter at the date of this Development Consent.

c)         The monetary contributions shall be paid to Council:

i)          prior to the issue of the Subdivision Certificate where the development is for subdivision; or

ii)          prior to the issue of the first Construction Certificate where the development is for building work; or

iii)         prior to issue of the Subdivision Certificate or first Construction Certificate, whichever occurs first, where the development involves both subdivision and building work; or

iv)         prior to the works commencing where the development does not require a Construction Certificate or Subdivision Certificate.

It is the professional responsibility of the Principal Certifying Authority to ensure that the monetary contributions have been paid to Council in accordance with the above timeframes.

Council’s Development Contributions Plan may be viewed at www.hornsby.nsw.gov.au or a copy may be inspected at Council’s Administration Centre during normal business hours.

48.        Waste Management Details

The following waste management requirements must be complied with:

a)         The bin storage room at the basement level must include water or a hose for cleaning, graded floors with drainage to sewer, a robust door, sealed and impervious surface, adequate lighting and ventilation. The bin rooms at each residential level must include sealed and impervious surface, adequate lighting and ventilation.

b)         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.

iii)         All waste was taken to site(s) that were lawfully permitted to accept that waste.

c)         Each unit 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.

d)         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.

e)         The bin carting routes must be devoid of any steps.

Note: Ramps between different levels are acceptable

f)          “No parking” signs must be erected to prohibit parking in the waste collection vehicle turning area and loading area.

g)         A report(s) must be prepared by a registered surveyor and submitted to the principal certifying authority prior to the issue of the Subdivision/Occupation Certificate, certifying that: 

i)          The finished access way (including ramp, vehicle turning area, loading bay and site entry/exit) to be used by waste collection vehicles, complies with Australian Standard AS2890.2-2002 Parking Facilities Part 2: Off-street Commercial Vehicle Facilities for small rigid vehicles with minimum design vehicle dimensions of 6.4 metres overall length, width of 2.3 metres, with maximum gradient of 1:6.5 and minimum 3.5 metre clearance height; and

ii)          The finished gradient(s), dimensions and geometry of the road/access way (including vehicle turning area) are in accordance with the approved plans.

h)         The 3.5 metre clearance height within the truck travel path must not be reduced by ducting, pipes or anything else.

49.        Landscaping

a)         On slab planter boxes must include waterproofing, subsoil drainage (proprietary drainage cell, 50mm sand and filter fabric) automatic irrigation, minimum 500mm planting soil for shrubs and minimum 1000mm planting soil for trees and palms and 75mm mulch to ensure sustainable landscape is achieved.

b)         An additional one Jacaranda mimosifolia is to be planted in the landscape setback on the Wongala Crescent frontage. Trees shall be installed at minimum 100 litre pot size.

c)         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.

50.        Safety and Security

a)         Fire exist doors to the development must be fitted with single cylinder locksets (Australia and New Zealand Standard – Lock Sets) to restrict unauthorized access to the development.

b)         Ground floor windows must be fitted with window locks that can be locked with a key.

c)         A graffiti management plan must be incorporated into the maintenance plan for the development for graffiti to be removed within a forty-eight hour period.

d)         The basement car park entry must be secured by security gates/roller shutters and controlled by secure access located at the top of the driveway.

OPERATIONAL CONDITIONS

51.        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).

52.        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.

53.        Car Parking

All car parking must be constructed and operated in accordance with Australian Standard AS/NZS 2890.1:2004 – Off-street car parking and Australian Standard AS 2890.2:2002 – Off-street commercial vehicle facilities.

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

b)         Car parking, loading and manoeuvring areas to be used solely for nominated purposes;

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

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

54.        Disabled Car Parking

All parking spaces for people with disabilities must be constructed and operated in accordance with Australian Standard AS/NZS 2890.6:2009 – Off-street parking for people with disabilities

55.        Driveway Design

The driveway design must be in accordance with AS2890.1 and AS2890.2. 

56.        Waste Storage and Waste Management

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

a)         Site security measures implemented on the property, including electronic gates, must not prevent access to the bin room/collection point by waste removal services.

b)         A site caretaker must be employed and be responsible for moving bins where and when necessary, washing bins and maintaining waste storage areas, ensuring the chute system and related devices are maintained in effective and efficient working order, managing the communal composting area, managing the bulky item storage area (including, but not limited to, ensuring that items placed there do not block or hinder access to bins for bin collection services), arranging the prompt removal of dumped rubbish, ensuring the vehicle turning area and truck loading area is kept clear of parked cars, and ensuring all residents are informed of the use of the waste management system.

57.        Landscape Establishment

The landscape works must be maintained into the future to ensure the establishment and successful growth of plant material to meet the intent of the landscape design. This must include but not be limited to watering, weeding, replacement of failed plant material and promoting the growth of plants through standard industry practices.

- 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 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.

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.

Telecommunications Act 1997 (Commonwealth)

If you are aware of any works or proposed works which may affect or impact on Telstra’s assets in any way, you are required to contact: Telstra’s Network Integrity Team on Phone Number 1800810443.

Asbestos Warning

Should asbestos or asbestos products be encountered during demolition or construction works, you are advised to seek advice and information prior to disturbing this material. It is recommended that a contractor holding an asbestos-handling permit (issued by WorkCover NSW)be engaged to manage the proper handling of this 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.

 


 

Group Manager’s Report No. PL89/13

Planning Division

Date of Meeting: 16/10/2013

 

6        DEVELOPMENT APPLICATION - SECTION 96 (2) - CONSTRUCTION OF AN AFFORDABLE RENTAL HOUSING DEVELOPMENT COMPRISING 12 UNITS - 176-178 RAY ROAD, EPPING   

 

 

EXECUTIVE SUMMARY

DA No:

DA/359/2011/A (Lodged 23 May 2013)

Description:

Section 96(2) modification to an approved affordable housing development by altering the floor plans and the mix of units

Property:

Lot 1 DP 569934 Nos. 176 - 178 Ray Road Epping

Applicant:

Mr John Forrest

c/- Glendinning Minto and Associates Pty Ltd

Owner:

Mr John Forrest

Estimated Value:

N/A

Ward:

C

·              The application proposes Section 96(2) modification to an approved affordable rental housing development by altering the floor plans and the mix of units.

·              The proposal complies with Section 96(2) of the Environmental Planning and Assessment Act, 1979 and the provisions of State Environmental Housing Policy (Affordable Rental Housing) 2009

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

·              It is recommended that the application be approved.

 

RECOMMENDATION

THAT pursuant to Section 96(2) of the Environmental Planning and Assessment Act, 1979, Development Application No. DA/359/2011 for an affordable rental housing development comprising 12 units at Lot 1 DP 569934 Nos. 176-178 Ray Road, Epping be amended as detailed in Schedule 1 of Group Manager’s Report No. PL89/13.

 


BACKGROUND

On 5 October 2011, Council approved DA/359/2011 for the demolition of existing structures and the construction of an affordable rental housing development comprising twelve units.

SITE

The site comprises one allotment located on the northern side of Ray Road and is known as Nos. 176 and 178 Ray Road, Epping.  The site is irregular in shape with a total area of 2361 sq metres.  The site experiences a moderate fall from the east to the west with a 7% slope.  There is a slight fall to the rear north western corner of the site. 

There is an existing two storey brick dwelling with a tile roof located centrally on the site.  A freestanding carport is located adjacent to the eastern boundary and an inground pool adjacent to the northern boundary.  There are a number of outbuildings located in the north eastern and north western corners of the site.

The site contains established lawns and gardens with a number of mature trees.  The majority of the trees are exotic species with some local native species. A 1.8 metre high brick wall with open metal infill panels is located along the front property boundary.  The existing wall is screened by vegetation.

The surrounding developments along both sides of Ray Road include single and two storey dwelling houses with generous landscaped front setbacks. 

APPROVED DEVELOPMENT

The approved development involves the demolition of all existing structures on the site and the construction of an affordable rental housing development comprising twelve units.  The development comprises the following:

·              Two separate two storey buildings fronting Ray Road (Units 1C – 4C) including a total of eight units.  Each building contains two, one bedroom units on the ground floor level and a two, two bedroom units on the first floor level.

·              The approved one and two bedroom units would utilise a floor plan which, if required, could be converted to a three bedroom unit at the expiration of the 10 year affordable rental housing period.

·              Separate access is proposed to be provided to each unit. 

·              The ground floor units are provided with two courtyard areas while the first floor units have a 10m2 balcony on the northern elevation, facing the internal driveway.

·              Units 5C, 6E, 7E and 8F comprise two separate north facing buildings at the rear of the site, both being two storeys in height.

·              All of these units include the primary living areas on the ground floor and the secondary living spaces on the upper floor. 

·              Pedestrian access to these units would be provided via the internal driveway and the footpath located along the western boundary.

·              The approved floor areas (GFA) are provided below:

 

Unit Numbers

Bedrooms

Gross Floor Area

Unit 1C – Ground Floor

1

52.7m2

Unit 1C – First Floor

2

74m2

Unit 2C – Ground Floor

1

52.7m2

Unit 2C – First Floor

2

74m2

Unit 3C – Ground Floor

1

52.7m2

Unit 3C – First Floor

2

74m2

Unit 4C – Ground Floor

1

52.7m2

Unit 4C – First Floor

2

74m2

Unit 5B

4

181.7m2

Unit 6E

3

161.1m2

Unit 7E

3

161.1m2

Unit 8F

4

176.8m2

GFA

 

1187.5m2

·              Access to all the units is proposed via a common driveway located adjacent to the eastern boundary fronting Ray Road.

·              The proposal includes car parking comprising sixteen spaces accessed via the common driveway. Units 5B, 6E, 7E and 8F would be provided with two car parking spaces. The upper level two bedroom dwellings (Units 1C-4C) would be allocated two (tandem) spaces.

·              Unit Nos. 1C, 2C, 3C and 4C on the ground floor and Unit Nos. 1C, 2C, 3C and 4C on the first floor level are to be used for the purpose of affordable rental housing.

PROPOSED MODIFICATION

The proposed modifications are summarised below.

Alteration to the units fronting Ray Road as follows:

Approved Development

Proposed Modification

4 x 1-br and 4 x 2-br apartments

4 x 2-br and 4 x 3-br apartments

1-br apartments located on the ground floor and 2-br apartments located on the upper floor

A mix of 2-br and 3-br apartments located on both floors

Driveway located along the eastern boundary of the site

A 5.5m wide driveway ramp along the western boundary of the site

At grade parking

Basement proposed under the buildings

8 tandem car spaces catering for 8 units

10 car spaces at the basement level catering for 8 units

No lift provided

Lift access provided from the basement

The proposed floor unit areas (GFA) would be as follows:

Unit Numbers

Bedrooms

Gross Floor Area

Unit 1

2

71.8m2

Unit 1A

2

80.4m2

Unit 2

3

101.5m2

Unit 2A

3

110m2

Unit 3

3

97m2

Unit 3A

3

119m2

Unit 4

2

87.4m2

Unit 4A

2

78.24m2

Unit 5

4

181.7m2

Unit 6

3

161.1m2

Unit 7

3

161.1m2

Unit 8

4

176.8m2

GFA

 

1,426m2

·              Associated external alterations are proposed complimenting the internal modifications.

·              An amended schedule of external colours and finishes has been submitted.

·              No modifications are proposed to the two storey units located at the rear of the site.

·              The applicant proposes 4 units be used for the purpose of affordable rental housing.

ASSESSMENT

The development application has been assessed having regard to the ‘Metropolitan Plan for Sydney 2031’, 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 and (Draft) North Subregional Strategy

The (Draft) Metropolitan Strategy for Sydney 2031 is a broad framework to provide for Sydney’s growth to help plan for housing, employment, transport, infrastructure, the environment and open space. It outlines a vision for Sydney to 2031; the challenges faced, and the directions to follow to address these challenges and achieve the vision. 

The approved development is consistent with the Metropolitan Plan for Sydney 2031. The proposed modifications would not have any impact on the compliance of the original proposal with the Metropolitan Plan for Sydney 2031.

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        Environmental Planning and Assessment Act 1979 – Section 96(2)

Pursuant to Section 96(2) of the Environmental Planning and Assessment Act 1979, Council may consider an application to amend development consent provided that, inter alia:

“a)        it is satisfied that the development to which the consent as modified relates is substantially the same development, and

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

c)         it has notified the application in accordance with the regulations, and

d)         it has considered any submissions made concerning the proposed modification within the period prescribed by the regulations.”

With regard to Section 96(2)(a), it is considered that the proposal as amended is substantially the same as the development originally approved.

With regard to Section 96(2)(b), the original proposal was not subject to the concurrence of another authority.

Pursuant to Section 96(2)(c) and (d) the application was notified in accordance with Council’s Notification and Exhibition Development Control Plan. The matters raised in the submissions received are discussed in Section 5 of this report.

2.2        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 original proposal with the aims and objectives of the zone was assessed in the context of State Environmental Planning Policy (Affordable Rental Housing) 2009 (Affordable Housing SEPP).  An assessment of the proposed modifications against the Policy is held at Section 2.4 of this report.

The proposed development is defined as ‘demolition’ and ‘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 as modified exceeds this requirement and relies on the provisions of the Affordable Housing SEPP which permits a maximum floor space ratio of 0.75:1 and prevails over the HSLEP in the case of any inconsistency. The amended application satisfies the Affordable Housing SEPP requirement by proposing a floor space ratio of 0.6:1.

Clause 18 of the HSLEP sets out heritage conservation provisions for Hornsby Shire.  The property is not listed as a heritage item in Schedule D of the HSLEP and is not within a conservation area. However, it is in the vicinity of heritage items at Nos. 166 and 184 Ray Road.  The site is located at a considerable distance from both of these properties. Notwithstanding, the proposed modifications would not have a detrimental impact on the significance of the heritage items. 

2.3        Hornsby Local Environmental Plan 2013

The Hornsby Local Environmental Plan 2013 was made on 27 September 2013 and will come into effect on 11 October 2013.  The HLEP includes a savings provision stating that if a development application is made and not finally determined before the commencement of the HLEP, the application must be determined as if the Plan had been exhibited but not commenced.  The relevant provisions of the HLEP are addressed below.

2.3.1     Zoning

The site is zoned R2 (Low Density Residential) pursuant to the Land Use Table of the HLEP. The approved development is currently permissible in accordance with provisions of State Environmental Planning Policy (Affordable Rental Housing) 2009 and the current zoning which permits multi-unit housing.  However, the approved development is not permissible within the R2 (Low Density Residential) zone as dual occupancies and residential flat buildings are prohibited in the zone.

As indicated above, the Plan includes a savings provision that any development application lodged prior to the commencement of the Plan must be determined as if the Plan has not commenced.  Therefore, the permissibility of the proposal under the HLEP should not be determined in the assessment of the amendment.

2.3.2     Height of Building

Clause 4.3 of the HLEP provides that the height of a building on any land is not to exceed the maximum height shown for the land on the Height of Buildings Map. The maximum permissible height for the subject site is 8.5 metres.  The proposed development complies with this requirement.

2.4        State Environmental Planning Policy (Affordable Rental Housing) 2009

The application has been assessed against the requirements of the Affordable Rental Housing SEPP.  This Policy provides State-wide planning controls for delivery of affordable rental housing through planning incentives to increase rental housing close to business centres and to expand the role of non-profit housing providers.  The approved development complied with the various development controls within the Affordable Housing SEPP and was assessed as satisfactory. The proposed modifications are primarily internal with associated external changes.

A brief discussion on the compliance of the modified proposal against the relevant development controls and best practice standards within the Affordable Housing SEPP is provided below.

2.4.1     Standards That Cannot be Used to Refuse Consent (Clause 14)

The following table sets out the compliance of the modified proposal against the development standards within Clause 14 of the Affordable Housing SEPP:

SEPP - Affordable Rental Housing 

Control

Proposal

Requirement

Compliance

Site Area

2361m2

450m2

Yes

Floor Space Ratio

Approved

Proposed

 

0.54:1

0.6:1

 

0.75:1

 

 

Yes

Approved number of Rental Units:

Proposed minimum number of Rental Units:

>50%

 

24%

50% (min)

 

20%

Yes

 

Yes

Dwelling Size

(3 and 4 bed)

> 95m2

Min 95m2

Yes

Dwelling Size

(2 bed)

> 70m2

Min 70m2

Yes

Height

8.5m

8.5m

Yes

Car parking

Approved:

Proposed:

 

16 spaces

18 spaces

 

6 spaces (0.5 spaces per dwelling)

10 spaces (0.4 space per 1 bed), 0.5 space per 2 bed and

 1 space per 3 bed)

 

Yes

Yes

Solar Access

100%

70%

Yes

Total Deep Soil Zone

Approved:

Proposed:

 

18.4%

18.3%

 

15%

15%

 

Yes

Yes

Deep soil zone at the rear

278m2 (No change)

274m2

Yes

Minimum dimension of deep soil zone

3m

3m

Yes

Landscaped Area

Approved:

Proposed:

 

36.67%

31%

 

30%

30%

 

Yes

Yes

 

As indicated in the above table, the modified development complies with the prescriptive standards within the Policy. 

2.4.2     Design Requirements (Clause 15)

The Affordable Rental Housing SEPP (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. The approved development was assessed as satisfactory against this Policy. Below is a brief discussion on compliance of the modified proposal with design principles and best practice standards within the Urban Design Guidelines for Infill Development.

2.4.2.1  Responding to Context

The immediate locality is characterised mainly by single to two storey older style detached dwellings with open landscaped frontages along the street and varying housing styles.  Front building setbacks are variable with an average of at least 6 metres.  Dwellings contain a mix of building materials and finishes.

The development as modified provides a contemporary architectural form with pitched roofs.  The development includes a mix of materials and finishes.  It would not have any impact on the existing building alignment on the northern side.

The proposed modifications are considered acceptable with regard to the context of Ray Road and the immediate locality. 

2.4.2.2  Site Planning and Design

The modified development would result in a similar built form as approved with two storey buildings fronting Ray Road separated by a central pedestrian access way.  The modifications would however, result in a driveway along the western boundary instead of the eastern boundary which is considered acceptable. The proposed basement would assist in maintaining a low rise built form on the site whilst providing the required amenities. The living and open space areas are primarily located on the northern elevation of the dwellings, to maximise solar access. 

The modified development would maintain the significant vegetation and the front fence as originally approved.  The proposal complies with the minimum landscaping and deep soil area requirements.

The modified development offers opportunities for housing choice and affordability to meet the broader needs of the community.  The development is assessed as satisfactory in regard to site planning and design.

2.4.2.3  Impacts on Streetscape

The modified development would maintain the approved front setback of 6.7 to 7 metres.

The built form fronting Ray Road would be similar to that approved under the original consent. The first floor would present as a dominant element in the streetscape.  However, the proposed and existing landscaping and front fence would provide effective screening of the development when viewed from the street.  

The modified development would be similar to the approved development with regard to the impact on the streetscape and is assessed as satisfactory.

2.4.2.4  Impacts on Neighbours

The objectives of the Guidelines are to prevent impacts on the amenity and privacy of the neighbouring properties.

The proposed modifications would not alter the design of the buildings at the rear and therefore, would not result in additional impact on the neighbouring properties.

The modifications would result in Units 1 and 1A being located at a distance of 1 metre from the eastern boundary. The application proposes a 2 metre high privacy screen comprising 150mm thick Aluminium louvers at 45 degrees, along the eastern edge of the first floor balcony and the window on the eastern elevation, to mitigate any adverse privacy impact on the neighbours. The proposed privacy screen is considered acceptable.

The internal driveway would be screened by a 1.8 metre timber lapped and capped fence and landscaping and would therefore, not have a detrimental impact on the amenity of the neighbouring properties.

The shadow diagrams submitted demonstrate that the living rooms and private open spaces area of adjoining dwellings would continue to receive more than 3 hours of direct sunlight between 9am and 3pm in mid-winter.

The modified development is considered acceptable in respect to provision of adequate privacy and amenity to the adjoining properties.

2.4.2.5  Internal Site Amenity

Fences and landscaping would provide suitable screening for the proposed private open space areas of each unit. First floor balconies of the modified units would not directly overlook onto the living areas of the rear units.

The Seniors Living Guidelines specifies that each multi-unit dwelling should be provided with a minimum 35m2 for private open space and have a minimum dimension of 3 metres. The approved units (1C-4C) located on the ground floor complied with the minimum private open space requirements. The proposed modified units (1-4) located on the ground floor do not include the minimum 35m2 for private open space area, as required by the Guidelines. However, the Affordable Rental Housing SEPP does not include any requirements for private open space provision which prevails to the extent of the inconsistency with the Seniors Living Guidelines. Notwithstanding, the modified units include landscaped courtyards in addition to the rear courtyards, which are useable and appropriately screened by fencing and landscaping. The balconies for upper floor units comply with the 10m2 requirement for private open space and have minimum depth of 2 metres.

Privacy of future occupants of the units would be maintained by the proposed offsetting of windows and privacy screens.

All the modified units have distinct entry points from the driveway and pedestrian accessways.  Casual surveillance of the access points is achieved within the development minimising opportunities for crime.

The provisions of the AHSEPP (applicable to the approved development) required 0.5 car parking spaces per dwelling. The AHSEPP required the provision of 6 car parking spaces. The approved development provided 16 car parking spaces. The amendments to the AHSEPP, detailed in the table in Section 2.4.1, included car parking provision according to the bedroom category of proposed dwellings. In accordance with the AHSEPP, a total of 10 car parking spaces are required for the entire development. The proposal provides a total of 18 car parking spaces and therefore complies with the requirements of the AHSEPP

Stairs and a lift provide access from the basement to the ground floor. The car parking arrangements for the rear units would be as approved. The driveway gradients, parking dimensions, aisle widths and turning areas are assessed as satisfactory.

The applicant proposes that each unit would have its own set of three bins and residents would be responsible for placing their bins along the kerb side for collection by the waste collection vehicles. The proposed bin storage areas are considered to be suitable. There is sufficient space on the road frontage to accommodate the bins.

2.4.3     Car Parking

The modified development proposes eighteen car spaces with access being provided off Ray Road. The application is supported by a Traffic Report. As indicated in the table, the number of car spaces provided on site is in excess of the requirement of the Affordable Rental Housing SEPP and would not have a negative impact on the on-street parking in Ray Road.  The aisle widths and manoeuvring areas are also considered satisfactory.

2.4.4     Compatibility with the Local Character of the Area

The Local Character Statement submitted in support of the original development was assessed as satisfactory. In accordance with the requirements of Clause 16A and Clause 54A of the amended Affordable Rental Housing SEPP, the applicant submitted the following Local Character Statement in support of the modified development:

“Under the Residential A zone, a range of land uses are permissible with the consent of the Council. The predominant land use and hence character of the local area is low density detached housing comprising of both one and two storey dwelling houses erected upon allotments of varying sizes.

In this regard, it is submitted that the subdivision of the subject site into four Torrens title allotments each having a minimum area of 500m2 would be permissible with the consent of the Council as would the erection of large two storey dwelling houses erected upon allotments of varying sizes.

It is considered that the proposal provides for an outcome which would be consistent with both the existing character of the local area as well as with the desired future character envisaged by the Council through its existing controls.

It is therefore submitted that on this basis that the proposal which seeks to now provide four detached built forms upon the site, each of which is consistent with the height, bulk and scale of a two storey dwelling house, represents development compatible with the character of the local area.

In addition, to the above it is also submitted that the design of the development is compatible with the character of the local area for the following reasons:

1.         The proposal seeks to retain the existing front fence and importantly the vegetation which traverses the frontage of the property.

2.         The proposal seeks to retain the two significant trees located in each of the rear corners of the site.

3.         The proposal seeks to provide for building designs which via elements such as the provision of pitched roofs are compatible with surrounding dwellings.

4.         The proposal is to incorporate colours and materials reflective of surrounding developments.

5.         The proposal provides for significant replenishment vegetation in order to maintain the treed character of the locality.

For the reasons as detailed above it is my opinion that the revised proposed provides for an outcome whereby the design of the development is compatible with the character of the local area.

It is considered that the amended proposal would not have a detrimental impact on the streetscape of Ray Road due to reasons discussed in the previous sections of this report.

2.4.5     Percentage of Dwellings for Affordable Rental Housing (Clause 17)

Clause 17 of the SEPP provides that at least 50% of dwellings are to be used for affordable rental housing for a period of 10 years. The approved development nominated a total of 8 units (1C, 2C, 3C and 4C on the ground floor and 1C, 2C, 3C and 4C on the first floor) for affordable rental housing.

However, it is noted that a Planning Circular (PS-11-015) issued by the Department of Infrastructure and Planning dated 20 May 2011, states the following in relation to the SEPP (Affordable Housing):

“Incentives linked to percentage of gross floor area rather than number of dwellings

The affordable rental housing component of private infill developments must be at least 20% of the gross floor area of the proposed development. This provision applies to proposals currently under assessment and future development proposals.”

Based on the above, the applicant proposes that four units (1, 3, 4 and 4A) would be used for the purpose of affordable rental housing. The gross floor area of the four units would constitute 24% of the total GFA. The application is assessed as satisfactory in this regard.

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

The amended application has been assessed against the requirements of State Environmental Planning Policy (Building Sustainability Index: BASIX)   2004.  The application includes an amended BASIX Certificate for the proposed units and is considered to be satisfactory.

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

Clause 7 of State Environmental Planning Policy No. 55 - Remediation of Land requires Council to consider whether land is contaminated prior to granting consent to the carrying out of any development on that land.

DA/359/2011 was assessed as satisfactory against the objectives of the above Policy. Given that the proposed modifications are regarding alterations to the floor plans only, no further assessment in this regard is considered necessary.

2.7        State Environmental Planning Policy – Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005

The original application has been assessed as satisfactory against the requirements of Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005.  The proposed modifications would have minimal potential to impact on the Sydney Harbour Catchment.

Subject to the implementation of erosion control measures and stormwater detention, the proposed subdivision would not adversely impact on the catchment or water quality.

2.8        Clause 74BA Environmental Planning and Assessment Act, 1979 - Purpose and Status of Development Control Plans

On 1 March 2013, the Environmental Planning and Assessment Act, 1979 was amended so that a DCP provision will have no effect if it has the practical effect of “preventing or unreasonably restricting development” that is otherwise permitted and complies with the development standards set out in relevant Local Environmental Plans and State Environmental Planning Policies.

The principal purpose of a development control plan is to provide guidance on the aims of any environmental planning instrument that applies to the development; facilitating development that is permissible under any such instrument; and achieving the objectives of land zones under any such instrument. The provisions of a development control plan made for that purpose are not statutory requirements.

2.9        Hornsby Development Control Plan 2013

The Hornsby Development Control Plan (HDCP) 2013 applies to all land within Hornsby Shire and will replace Council’s existing DCPs, providing development controls to complement the HLEP 2013.  The HDCP will come into effect on 11 October 2013.  The amended proposal has been assessed against the Plan as follows:

2.9.1     Waste Management

The original proposal was assessed as satisfactory with regard to on-going waste management, which required that each unit to have its own set of three bins and the residents would be responsible for placing their bins along the kerb side for collection by the waste collection vehicles.  

The modified proposal includes separate bin storage areas for units (1-4 and 1A-4A) and an area for placement of bulky items. The modified application is considered to be satisfactory.

2.9.2     Stormwater Management

The modified development complies with Stormwater Management Section of the HDCP subject to sediment and erosion control measures being implemented on site during construction.

2.10      Section 94 Contributions Plan

Council’s Section 94 Plan applies to the development as it would result in the addition of 11 dwellings. The proposed modifications would result in amendments to the Section 94 contributions levied under the original development. The relevant condition has been modified accordingly.

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 proposal modifications would not require the removal of any significant trees on the site.

3.2        Built Environment

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

3.2.1     Traffic

Due to the increase of the number of bedrooms, the proposal would result in a minor increase in traffic flows. However, the modified development would not have detrimental impact on the current operation of Ray Road or the surrounding road network.

3.2.2     Stormwater Management

The application includes amended details of the on-site detention system and the stormwater management plan. As originally approved, the proposal would drain to Ray Road via an on-site detention system located below the internal driveway. The modified stormwater management plan is considered satisfactory subject to recommended conditions of consent.

3.3        Social Impacts

The modified development would be of positive social impact in providing affordable rental accommodation particularly for large families.

3.4        Economic Impacts

The modified development 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”.

At the time of assessment of the original proposal, the site was considered to be suitable for the development. No further assessment in this regard is necessary.

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 modified development was placed on public exhibition and was notified to adjoining and nearby landowners between 7 June 2013 and 19 June 2013 in accordance with Council’s then Notification and Exhibition Development Control Plan.  During this period, Council received five 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

 

FOUR SUBMISSIONS RECEIVED OUT OF MAP RANGE

 

Five submissions objected to the development, generally on the grounds that the proposed modifications would result in:

·              Unacceptable traffic impacts on local streets.

·              Unacceptable overshadowing of adjoining properties.

·              Development is excessive in bulk and scale.

·              Unacceptable height of the development.

·              Insufficient building setbacks.

·              The development does not complement or enhance the character of the area.

·              Overdevelopment of the site.

·              Insufficient car parking when compared to the proposed number of bedrooms.

·              Inadequate visitors parking on site.

The merits of the matters raised in community submissions have been addressed in the body of the report and by conditions of consent.

5.2        Public Agencies

The development application was not referred to any Public Agencies for comment. 

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

CONCLUSION

The application proposes to modify an approved development for affordable rental housing comprising twelve units by altering the floor plans, modifying the mix of units and adding a basement to partially accommodate the required car parking spaces. The modifications also involve a marginal increase in the height of the buildings and external modifications to compliment the internal changes.

The proposed modifications comply with the development standards prescribed under the Affordable Rental Housing SEPP in respect to floor space ratio, car parking, landscaping, deep soil zones, solar access and dwelling size. The proposal would provide a mix of housing choice for future residents, as well as providing four units as affordable rental housing for 10 years. It is considered that the proposed modifications would not have any detrimental impact on the character of the locality or the amenities of the neighbours and the future occupants.

The proposed modifications are recommended for approval subject to recommended conditions.

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

 

 

3.View

Floor Plans

 

 

4.View

Elevations

 

 

5.View

Landscape Plan

 

 

6.View

Shadow Diagrams

 

 

 

 

File Reference:           DA/359/2011/A

Document Number:     D02405068

 


SCHEDULE 1

Date of this modification:

16 October 2013

Details of this modification:

Section 96(2) modification to amend the layout of eight units, modify the mix of units and include basement car park.

Conditions Added:

Nil

Conditions Deleted:

3,4

Conditions Modified:

1, 31, 33(a), 34(a), 37(a), 40

 

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:

Architectural Plans prepared by Jackson Architects

Plan No.

Title

Revision

Dated

DA01

Demolition Plan

A

11/04/2011

DA01

Site Pan

D

30/07/2013

DA02

Basement Floor Plan

D

30/07/2013

DA03

Ground Floor Plan

D

30/07/2013

DA04

First Floor Plan

C

19/07/2013

DA05

Site Roof Plan

C

19/07/2013

DA06

Site Elevations

C

19/07/2013

DA07

Site Elevations

C

19/07/2013

DA08

Sections

C

19/07/2013

            Landscape Plan prepared by iScape Landscape Architecture    

Plan No.

Title

Revision

Dated

50.13(11)/168’B’

S96 Landscape Plan

-

07/2013

            Stormwater Plans prepared by ACOR Appleyard Consultants Pty Ltd

Plan No.

Title

Issue

Dated

GO110111/C1

Stormwater Management Plan – Cover Sheet and Notes

7

04/2013

GO110111/C2

Stormwater Management Plan

7

04/2013

GO110111/C3

Stormwater Management Plan Basement

6

04/2013

GO110111/C4

Stormwater Management Details

7

04/2013

GO110111/C8

Plan – Ray Road External Stormwater Drainage Works

2

04/2013

            Supporting Documents

Document No. and Title

Prepared by

Dated

BASIX Certificate No. 369315M_03

Archidoc Pty Ltd

19/04/2013

Photomontage

Jackson Architects

Received by Council 23/05/2013

Schedule of External Colours and Materials

-

18/07/2013

Arboricultural Assessment Report

Earthscape Horticultural Services

12/04/2011

Preliminary Tree Assessment Report

Earthscape Horticultural Services

01/2011

Waste Management Plan

Jackson Architects

28/03/2011

Addendum to Statement of Environmental Effects

Glendinning Minto and Associates

17/05/2013

Review of Vehicular Access and Carparking Arrangements

Varga Traffic Planning Pty Ltd

19/07/2013

Site Calculations (Reference Drawing No. DA09 Revision D)

Jackson Architects

30/07/2013

Shadow Diagrams 9-00am 22ND June (Reference Drawing No. DA10 Revision B)

Jackson Architects

07/04/2013

Shadow Diagrams 12-00 NOON 22ND June (Reference Drawing No. DA11 Revision B)

Jackson Architects

07/04/2013

Shadow Diagrams 3-00pm 22ND June (Reference Drawing No. DA12 Revision B)

Jackson Architects

07/04/2013

Erosion & Sediment Control Plan (Reference: Drawing No.  GO110111/C5 Issue 6)

ACOR Appleyard Consultants Pty Ltd

04/2013

Erosion & Sediment Control Notes (Reference: Drawing No.  GO110111/C6 Issue 6)

ACOR Appleyard Consultants Pty Ltd

04/2013

Erosion & Sediment Control Details (Reference: Drawing No.  GO110111/C7 Issue 5)

ACOR Appleyard Consultants Pty Ltd

04/2013

2.         Amendment of Plans

The approved plans are to be amended so as to minimise overlooking of the adjoining properties. This is to be achieved by increasing the sill heights of the following windows to a minimum height of 1.5 metres above the finished floor level:

a)         The northernmost first floor windows located on the northern first floor elevation of each of the unit Nos. 5, 6, 7 and 8.

Alternatively fixed privacy screens comprising horizontal louvers are to be provided either adjacent to (but not attached) to the dividing fence or are to be attached to the rear elevation of the buildings adjacent to the windows identified above. A detail of the proposed screening treatment including a long section which includes the private open space of the adjoining properties and which demonstrates the effectiveness of the screening treatment is to be provided.

The following windows are to comprise of obscure glazing:

b)         The first floor windows located on the eastern elevation of unit No. 8.

c)         The first floor windows located on the western elevation of unit No. 5. 

3.         Delete

4.         Delete

5.         Removal of Existing Trees

This development consent only permits the removal of tree(s) numbered T1, T2, T2a, T5a, T6, T6a, T7 – T19, 20 – 23, 25 and 26  as identified on Plan No.  Preliminary Tree Assessment Report prepared by Andrew Morton dated January 2011.  The removal of any other trees requires separate approval under Council’s Tree Preservation Order.

REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

6.         Building Code of Australia

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

7.         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.

8.         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.

9.         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.

10.        Sydney Water – Quick Check

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

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

11.        Dilapidation Report

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

12.        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.

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

13.        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.

14.        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.

15.        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

16.        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.

17.        Tree Protection Barriers

Tree protection fencing must be erected around trees numbered T3 – T5, T24 and T27 to be retained at a 3 metre setback.  The tree fencing must be constructed of 1.8 metre ‘cyclone chainmesh fence’ or star pickets spaced at 2 metre intervals, connected by a continuous high-visibility barrier/hazard mesh at a height of 1 metre.

REQUIREMENTS DURING CONSTRUCTION

18.        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.

19.        Demolition

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

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

b)         Demolition works, where asbestos material is being removed, must be undertaken by a contractor that holds an appropriate licence issued by WorkCover NSW in accordance with Chapter 10 of the Occupational Health and Safety Regulation 2001 and Clause 29 of the Protection of the Environment Operations (Waste) Regulation 2005.

c)         On construction sites where buildings contain asbestos material, a standard commercially manufactured sign containing the words ‘DANGER ASBESTOS REMOVAL IN PROGRESS’ measuring not less than 400mm x 300mm must be erected in a prominent position visible from the street.

20.        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.

21.        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.

22.        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.

23.        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.

24.        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.

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.

25.        Fulfilment of BASIX Commitments

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

26.        Boundary Fencing

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

27.        Maintain Canopy Cover

To maintain canopy cover, 4 medium to large trees selected from Council’s booklet ‘Indigenous Plants for the Bushland Shire’ are to be planted on the subject site.  The planning location shall 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.

28.        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.

29.        Completion of Landscaping

A certificate must be provided by a practicing landscape architect, horticulturalist or person with similar qualifications and experience certifying that all required landscaping works have been satisfactorily completed in accordance with the approved landscape plans.

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

30.        Retaining Walls

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

31.        Restriction as to User – Affordable Rental Housing

To inform current and future owners that the multi-unit 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)         The dwellings identified as Unit Nos. 1, 3, 4 and 4A on the approved plans must be used for the purpose of affordable housing pursuant to Clause 6 of State Environmental Planning Policy (Affordable Rental Housing) 2009.

c)         The dwellings identified as Unit Nos. 1, 3, 4 and 4A on the approved plans 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.

32.        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.

33.        Stormwater Drainage – Dwellings

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

a)         Connected to the existing Council piped drainage system in Ray Road generally in accordance with Drawing No. G0110111/C8 Issue 2 dated 04/2013 by ACOR Appleyard Consultants Pty Ltd.

b)         Be in accordance with Australian Standards AS 3500.3 and Hornsby Shire Council’s Civil Works Specification.

Note: A separate Construction Certificate is required to be submitted and approval obtained prior to the commencement of these works.

34.        On Site Stormwater Detention

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

a)         Generally in accordance with Hornsby Councils Specification for On-Site Stormwater Detention Systems and Job No. G0110111 Issue 7 dated 04/2013 by ACOR Appleyard Consultants Pty Ltd.

b)         Have a capacity of not less than 30 cubic metres, and a maximum discharge (when full) of 48 litres per second.

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

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

e)         Where above ground and the average depth is greater than 0.3 metres, a ‘pool type’ safety fence and warning signs to be installed.

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

Note:  A separate Construction Certificate is required to be submitted and approval obtained prior to the commencement of these works.

35.        Internal Driveway/Vehicular Areas

The driveway and parking areas on site must be designed in accordance with Australian Standards 2890.1, 2890.2, 3727 and the following requirements:

a)         The driveway be a rigid pavement.

b)         The driveway grade must not exceed 25 percent and changes in grade must not exceed 8 percent per plan metre.

c)         The provision of a common turning area to enable vehicles to enter and leave the site in a forward direction at all times.

Note:  A separate Construction Certificate is required to be submitted and approval obtained prior to the commencement of these works.

36.        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)         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.

37.        Public Road and Drainage Works

A separate application under the Local Government Act, 1993 and the Roads Act, 1993 must be submitted to Council for all public road and drainage works approved under this consent and must be constructed in accordance with Council’s Civil Works Design and Construction Specification, 2005 and the following requirements:

a)         The extension of Council’s existing piped drainage system in Ray Road generally in accordance with Drawing No. G0110111/C8 Issue 2 dated 04/2013 by ACOR Appleyard Consultants Pty Ltd.  Detailed design engineering drawings for construction shall be submitted to Council for approval.

b)         All restoration works required to Council’s assets shall be in accordance with Council’s Civil Works Design and Construction Specification, 2005.  All cost shall be borne by the applicant.

c)         A concrete footpath to be constructed along the full frontage of the development site within the road verge with the remaining area turfed.

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

Note:  A separate Construction Certificate is required to be submitted and approval obtained by Council prior to the commencement of these works.

38.        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.

39.        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.

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

40.        Section 94 Development Contributions

In accordance with Section 80A(1) of the Environmental Planning and Assessment Act 1979 and the Hornsby Shire Council Section 94 Development Contributions Plan 2012-2021, the following monetary contributions shall be paid to Council to cater for the increased demand for community infrastructure resulting from the development:

Description

Contribution (4)

Roads

$8,940.90

Open Space and Recreation

$167,728.40

Community Facilities

$23,503.65

Plan Preparation and Administration

$773.55

TOTAL

$200,946.50

 

being for eleven (11) additional dwellings.

a)         If the contributions are not paid within the financial quarter that this consent is granted, the contributions payable will be adjusted in accordance with the provisions of the Hornsby Shire Council Section 94 Development Contributions Plan and the amount payable will be calculated at the time of payment in the following manner:

$CPY   =   $CDC  x CPIPY

        CPIDC

Where:

$CPY    is the amount of the contribution at the date of Payment

$CDC    is the amount of the contribution as set out in this Development Consent

CPIPY is the latest release of the Consumer Price Index (Sydney – All Groups) at the date of Payment as published by the ABS.

CPIDC is the Consumer Price Index (Sydney – All Groups) for the financial quarter at the date of this Development Consent.

b)         The monetary contributions shall be paid to Council:

i)          prior to the issue of the Subdivision Certificate where the development is for subdivision; or

ii)          prior to the issue of the first Construction Certificate where the development is for building work; or

iii)         prior to issue of the Subdivision Certificate or first Construction Certificate, whichever occurs first, where the development involves both subdivision and building work; or

iv)         prior to the works commencing where the development does not require a Construction Certificate or Subdivision Certificate.

It is the professional responsibility of the Principal Certifying Authority to ensure that the monetary contributions have been paid to Council in accordance with the above timeframes.

Council’s Development Contributions Plan may be viewed at www.hornsby.nsw.gov.au or a copy may be inspected at Council’s Administration Centre during normal business hours.

OPERATIONAL CONDITIONS

41.        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.

42.        Driveway Operation

The internal accessway and manoeuvring areas are to be unobstructed at all times.

- 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.

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.

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.

 


 

Group Manager’s Report No. PL91/13

Planning Division

Date of Meeting: 16/10/2013

 

7        DEVELOPMENT APPLICATION - FIVE STOREY RESIDENTIAL FLAT BUILDING COMPRISING 32 UNITS - 209-211A CARLINGFORD ROAD, CARLINGFORD   

 

 

EXECUTIVE SUMMARY

DA No:

DA/27/2013 (Lodged 21 January 2013)

Description:

Demolition of existing structures and construction of a five storey residential flat buildings comprising 32 units and basement car parking

Property:

Lot 5 DP 30015, Lots 31 and 32 DP 834653, Nos. 209-211A Carlingford Road, Carlingford

Applicant:

Australian Consulting Architects Pty Ltd

Owners:

Ms W. S. Yang, Radray Construction Pty Ltd, Mr B. A. Yap and Mr H. M. Chan

Estimated Value:

$6.8 million

Ward:

C

 

·              The application proposes the demolition of existing structures and construction of a five storey residential flat buildings comprising 32 units and basement car parking.

·              The proposal generally complies with the Hornsby Shire Local Environmental Plan 1994, State Environmental Planning Policy No. 65 - Design Quality of Residential Flat Development, the Hornsby Shire Housing Strategy Development Control Plan and the Hornsby Development Control Plan 2013.

·              Two submissions have been received from the same property.

·              It is recommended that the application be approved.

 

RECOMMENDATION

THAT Development Application No. DA/27/2013 for demolition of existing structures and construction of a five storey residential flat building comprising 32 units and basement car parking at Lot 5 DP 30015, Lots 31 and 32 DP 834653, Nos. 209-211A Carlingford Road, Carlingford be approved subject to the conditions of consent detailed in Schedule 1 of Group Manager’s Report No. PL91/13.

 


BACKGROUND

The subject land was rezoned from Residential A (Low Density) to Residential C (Medium-High Density) on 2 September 2011 as part of Council’s Housing Strategy.

SITE

The site has an area of 1,741.6m2 and is located on the southern side of Carlingford Road. The site is regular in shape and has a frontage of 33.53m to Carlingford Road and a length of 52m. The site has an average fall of 5% to the north-eastern corner of the site.

The site includes three existing dwelling-houses. Access to the site is currently via two existing driveways fronting Carlingford Road.

The site forms part of the ‘Carlingford Road, Carlingford precinct’ rezoned for medium-high density housing in accordance with the Hornsby Shire Housing Strategy in September 2011. The precinct is bounded by Carlingford Road, Pennant Hills Road, Keeler Street and Hepburn Avenue. A number of properties within the precinct have been approved for residential flat development or are under assessment by Council.

The surrounding developments within the precinct mainly include dwelling-houses on suburban lots. There is a mix of low density and medium density housing on the opposite side of Carlingford Road.

The area on the western side of Pennant Hills Road, Carlingford, within The Hills Shire Council area is undergoing transition for higher density housing developments.

The site is within walking distance (120m) of the Carlingford Court commercial centre on Pennant Hills Road and is located 800m north-east of Carlingford Railway Station. 

PROPOSAL

The proposal involves the demolition of all the existing structures and construction of a five storey residential flat building comprising 32 units with two levels of basement car parking. 

The unit mix would comprise of 6 x 1-bedroom units, 18 x 2-bedroom units and 8 x 3-bedroom units.

The development would be accessed from Carlingford Road via a driveway located adjacent to the eastern boundary of the site. A separate pedestrian entry would provide access to the foyer and a lift for vertical circulation.

A total of 45 residential car parking spaces, including 7 visitor parking spaces are proposed in two basement levels. The basement levels include accessible car parking spaces.

ASSESSMENT

The development application has been assessed having regard to the ‘Metropolitan Plan for Sydney 2031’, 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 and (Draft) North Subregional Strategy

The (Draft) Metropolitan Strategy for Sydney 2031 is a broad framework to provide for Sydney’s growth to help plan for housing, employment, transport, infrastructure, the environment and open space. It outlines a vision for Sydney to 2031; the challenges faced, and the directions to follow to address these challenges and achieve the vision. 

The North Subregion comprises Hornsby, Kuring-gai, Manly, Warringah and Pittwater Local Government Areas. The Draft North Subregional Strategy acts as a framework for Council in its preparation of the Comprehensive LEP by the end of 2013.

Within the North Subregion, the Draft Metropolitan Strategy proposes:

·              Population growth of 81,000 from the current 2011 baseline of 529,000

·              Housing growth of 37,000 from the current 2011 baseline of 204,000

·              Employment growth of 39,000 from the current 2011 baseline of 186,000

The proposed development would be consistent with the Metropolitan Plan for Sydney 2031 by providing an additional 29 dwellings and would contribute to 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 C (Medium/High 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 to high density residential environment.

c)         to provide for development that is within the environmental capacity of a medium to high 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.

Clause 15 of the HSLEP prescribes the maximum floor space ratio (FSR) of development within the Residential C zone.  Subclause (5) of clause 15 states that “This clause does not apply to land shown edged heavy black on diagrams 1-8 in Schedule BB.”  The site is identified in Diagram 4 of Schedule BB of the HSLEP.  Therefore, clause 15 does not apply to the subject site.

Clause 15A of the HSLEP prescribes that the maximum building height within the area detailed under Schedule BB is not to exceed 17.5m. The proposed building complies with this requirement.

Clause 18 of the HSLEP sets out heritage conservation provisions for Hornsby Shire.  The site is not in the vicinity of a heritage item or conservation area and is not subject to consideration for heritage conservation.  Therefore, no further assessment in this regard is necessary.

2.2        Hornsby Local Environmental Plan 2013

The Hornsby Local Environmental Plan 2013 was made on 27 September 2013 and will come into effect on 11 October 2013.  The HLEP includes a savings provision stating that if a development application is made and not finally determined before the commencement of the HLEP, the application must be determined as if the Plan had been exhibited but not commenced.  The relevant provisions of the HLEP are addressed below.

2.2.1     Zoning

The site is zoned R4 (High Density Residential) pursuant to the Land Use Table of the HLEP. The proposed development is defined as a ‘residential flat building’ and is a permissible use in the zone with Council’s consent.

2.2.2     Height of Building

Clause 4.3 of the HLEP provides that the height of a building on any land is not to exceed the maximum height shown for the land on the Height of Buildings Map. The maximum permissible height for the subject site is 17.5m. The proposal complies with this provision.

2.3        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. 

The site has been used for residential purposes and is unlikely to be contaminated. No further assessment is considered necessary in this regard. A condition is recommended should any contamination be found during construction.

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

The Policy provides for design principles to improve the design quality of residential flat development and for consistency in planning controls across the State.

The applicant has submitted a design verification statement prepared by a qualified designer stating how the proposed development achieves the design principles of SEPP 65. The design principles of SEPP 65 and the submitted design verification statement are addressed below.

2.4.1     Principle 1 - Context

Design Principle 1 is as follows:

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

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

The site is located within a precinct zoned for five storey residential flat buildings in close proximity to Pennant Hills Road and Carlingford Court Shopping Centre.  The desired future character of the area, as outlined in Council’s Housing Strategy DCP, is that of a high density residential precinct incorporating five storey developments in a landscape setting.  It is considered that the proposed building would contribute to the identity and future character of the precinct.

2.4.2     Principle 2 - Scale

Design Principle 2 is as follows:

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

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

The scale of the development is in accordance with the required building height and setbacks for the precinct and provides an architectural composition that achieves the required pavilion built forms to minimize bulk and scale.  The scale of the development is considered appropriate for the site and consistent with the desired future character of the precinct.

2.4.3     Principle 3 – Built Form

Design Principle 3 is as follows:

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

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

The proposed built form is designed to be consistent with the requirements of the Residential Flat Design Code and Council’s Housing Strategy DCP in relation to the building alignment, setbacks and building type. The articulation of the proposed building has been achieved by the provision of horizontal and vertical architectural elements and by the use of contrasting finishes, colours and textures. 

2.4.4     Principle 4 – Density

Design Principle 4 is as follows:

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

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

The density of development on the site is guided by the height of the building and the required setbacks from the boundaries. The matter has been discussed in detail in Sections 2.1 and 2.12 of this report.

It is considered that the proposed density is sustainable as it responds to the regional context, availability of infrastructure, public transport, community facilities and environmental quality. The proposal complies with the density principle of SEPP 65.

2.4.5     Principle 5 – Resource, Energy and Water Efficiency

Design Principle 5 is as follows:

Good design makes efficient use of natural resources, energy and water throughout its full life cycle, including construction.

Sustainability is integral to the design process. Aspects include demolition of existing structures, recycling of materials, selection of appropriate and sustainable materials, adaptability and reuse of buildings, layouts and built form, passive solar design principles, efficient appliances and mechanical services, soil zones for vegetation and reuse of water.

The applicant has submitted a BASIX Certificate for the proposed development. In achieving the required BASIX targets for sustainable water use, thermal comfort and energy efficiency, the proposed development achieves the design criteria and is considered acceptable in this regard.

2.4.6     Principle 6 – Landscape

Design Principle 6 is as follows:

Good design recognises that together landscape and buildings operate as an integral and sustainable system, resulting in greater aesthetic quality and amenity for both occupants and the adjoining public domain.

Landscape design builds on the existing site’s natural and cultural features in responsible and creative ways. It enhances the development’s natural environmental performance by co-ordinating water and soil management, solar access, micro-climate, tree canopy and habitat values. It contributes to the positive image and contextual fit of development through respect for streetscape and neighbourhood character, or desired future character.

Landscape design should optimise useability, privacy and social opportunity, equitable access and respect for neighbour’s amenity, and provide for practical establishment and long term management.

The application includes a landscape concept plan providing landscaping along the street frontage, side and rear boundaries.  The planting would provide an appropriate landscape setting for the development.  The proposed development is in accordance with the Landscaping principle of SEPP 65 and Housing Strategy DCP objective for buildings within landscaped settings.

2.4.7     Principle 7 – Amenity

Design Principle 7 is as follows:

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

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

The proposed units are designed to achieve natural ventilation, solar access and acoustic privacy. All units incorporate balconies accessible from living areas and privacy has been achieved through appropriate design. Appropriate storage areas have been provided within the units and within the basement levels. The proposal would provide convenient and safe access via a central lift which connects the basement and all other levels. The application is considered acceptable in this regard.

2.4.8     Principle 8 – Safety and Security

Design Principle 8 is as follows:

Good design optimises safety and security, both internal to the development and for the public domain.

This is achieved by maximising overlooking of public and communal spaces while maintaining internal privacy, avoiding dark and non-visible areas, maximising activity on streets, providing clear, safe access points, providing quality public spaces that cater for desired recreational uses, providing lighting appropriate to the location and desired activities, and clear definition between public and private spaces.

The proposal affords good casual surveillance of the street frontage through the visual interaction with the main entrance to the building on the ground floor. With regard to the car parking areas, security garage doors are to be installed with access being provided via an intercom system for visitors and residents to the building.

The RFDC requires the preparation of a formal Crime Assessment Report for development that comprises more than twenty residential units. The proposal includes a Crime Risk Assessment. The application was referred to the NSW Police. The NSW Police raises no objections to the proposal.  Conditions are recommended for lighting, territorial re-enforcement, environmental maintenance and access control.  Subject to the imposition of conditions of consent addressing the above matters, the proposal is supported in respect of safety and security.

2.4.9     Principle 9 - Social Dimensions and Housing Affordability

Design Principle 9 is as follows:

Good design responds to the social context and needs of the local community in terms of lifestyles, affordability, and access to social facilities.

New development should optimise the provision of housing to suit the social mix and needs in the neighbourhood or, in the case of precincts undergoing transition, provide for the desired future community.

New development should address housing affordability by optimising the provision of economic housing choices and providing a mix of housing types to cater for different budgets and housing needs.

The Housing Strategy DCP includes prescriptive measures for housing choice and for adaptable housing to provide for aging in place. The proposal meets the prescriptive measures and extends the range and diversity of residential accommodation available in the area.

2.4.10   Principle 10 – Aesthetics

Design Principle 10 is as follows:

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

The proposal is consistent with the design principles contained within the RFDC. It is considered that the aesthetic quality of the building contributes to the desired future character of the precinct.  The details of the assessment of the built form and the aesthetics of the development are contained in Section 2.12 of this report.

2.5        State Environmental Planning Policy No. 65 - Residential Flat Design Code

SEPP 65 also requires consideration of the Residential Flat Design Code, NSW Planning Department 2002. The Code includes development controls and best practice benchmarks for achieving the design principles of SEPP 65. The following table sets out the proposal’s compliance with the Code:

Residential Flat Design Code

Control

Proposal

Requirement

Compliance

Deep Soil Zone

38%

25%

Yes

Communal Open Space

25%

25-30%

Yes

Ground Level Private Open Space 

12m2 +

Min dimension 4m

25m2

Min Dimension 4m

No

Yes

Minimum Dwelling Size

1 br – 50m2

2 br – 70m2

3 br – 95m2

1 br – 50m2

2 br – 70m2

3 br – 95m2

Yes

Yes

Yes

Maximum Kitchen Distance

9.4m

(Units 1.5, 2.5 and 3.5)

 

8m

No

Minimum Balcony Depth

2m

2m

Yes

Ceiling heights - Residential floors

2.7m

2.7m (Min)

Yes

Dual Aspect & Cross Ventilation

60%

60%

Yes

Adaptable Housing

30%

10%

Yes

 

As detailed in the above table, the proposed development complies with the prescriptive measures within the Residential Flat Design Code (RFDC) other than minimum dimension for ground level open space and maximum kitchen distanceBelow is a brief discussion regarding the relevant development controls and best practice guidelines:

2.5.1     Apartment Layout

The layout of the proposed apartments includes a combination of single aspect units and dual aspect corner units.  The unit layouts would provide for housing choice and a range of household types.

The RFDC requires that the back of a kitchen should be no greater than 8m from a window. Of the 32 units proposed, 3 units contain kitchens where the back wall is up to 9.4m from a window. These units offer an open layout with natural ventilation and accordingly, the minor non-compliance is acceptable with respect to residential amenity.

The proposed apartment layouts are functional and satisfy the RFDC requirements for internal privacy, access to sunlight, natural ventilation and acoustic privacy. It is considered that the apartment layout and mix achieve the intent of the best practice requirements of the RFDC and is acceptable in this regard. 

2.5.2     Ground Floor Apartments and Private Open Space

Of the 7 units located on the ground floor, 1 unit has been provided with greater than 25m2 of courtyard space and only one of the units meets the minimum 4m dimension. The proposed ground floor unit open space areas include recessed balconies and courtyards contained within the building envelope. The landscaped area surrounding the building is not allocated for private gardens for individual ground floor units, in accordance with the Housing Strategy DCP key principle for buildings to be in landscaped settings.

The provision of additional private courtyard area within the side and rear setbacks would compromise the pedestrian access to the building and communal open space provisions for the site.

Notwithstanding the above, the private open space areas for all units comply with the minimum area requirement of the Housing Strategy DCP. The proposed development includes sufficient landscaped communal open space areas to compensate for this non-compliance.

2.5.3     Internal Circulation

The proposed building includes 4 to 7 units with lift access on each respective level in accordance with the Code’s best practice guidelines for up to 8 units per lift. The location of unit entries and articulation of internal passage ways would ensure appropriate amenity.

The front entry includes an entry foyer on the western elevation of the proposed building. The ground floor includes access to communal open space areas from the frontage and rear. A condition is recommended for the access to comply with AS1428.1 – Design for Access and Mobility.

Subject to recommended conditions, the proposal is considered acceptable in respect to the Code’s requirements for internal circulation.

2.5.4     Acoustic Privacy

The proposed apartment layouts are designed such that noise generating areas would mainly adjoin each other. Storage or circulation zones would act as a buffer between units. Bedrooms and service areas such as kitchens, bathrooms and laundries would be grouped together wherever possible.

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

2.5.5     Storage

The proposed building includes resident storage areas for all units within the building and storage areas would be located within the basement levels.  A condition is recommended for the storage areas to be allocated in accordance with the size requirements of the Code for the respective units. 

In summary, the proposed residential flat building has been designed in accordance with the design principles of SEPP 65 and generally complies in respect to the Residential Flat Design Code subject to the imposition of appropriate conditions of consent.  It is considered the proposal would achieve good residential amenity and contribute to the desired future residential character of the Carlingford Road Precinct.

2.6        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 units and is considered to be satisfactory.

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

The application has been assessed against the requirements of SEPP 32, which requires Council to implement the aims and objectives of this Policy to the fullest extent practicable when considering development applications relating to redevelopment of urban land.   The application complies with the objectives of the Policy as it would promote social and economic welfare of the locality and would result in the orderly and economic use of under utilised land within the Shire.

2.8        State Environmental Planning Policy (Infrastructure) 2007

The application has been assessed against the requirements of State Environmental Planning Policy (Infrastructure) 2007. This Policy contains State-wide planning controls for developments adjoining busy roads. The development is located immediately adjoining a classified road corridor (Carlingford Road) and the following matters have been considered in this regard.

2.8.1     Development with Frontage to a Classified Road

The proposal has been assessed against the requirements of Clause 101 of SEPP (Infrastructure) as the site has frontage to Carlingford Road and proposes new vehicular access from the road.

Council’s assessment of the proposal concludes that the proposed driveway complies with AS/NZS 2890.1:2004 and the location of the driveway is satisfactory. The development application was referred to the NSW Roads and Maritime Services (RMS) for concurrence under Section 138 of the Roads Act 1993. No objections have been raised regarding the driveway location. RMS requires the provision of a 6m wide driveway facilitating two way vehicle flows from the entrance of the site to the basement level. The proposal complies with this requirement. Council’s engineering assessment in this regard concludes that the width of the proposed driveway is satisfactory.

RMS requires a central median to be installed on Carlingford Road and extended on both side of the driveway to enforce left-in and left-out movements. The applicant submitted amended plans showing a central median in front of the site along Carlingford Road. A condition has been recommended requiring the central median to be constructed in accordance with RMS requirements.

2.8.2     Impact of Noise

The application was referred to the RMS for comment. The RMS advises that the development should be designed to mitigate the traffic noise and vibration from Carlingford Road by using durable materials in accordance with Environmental Criteria for Road Traffic Noise, May 1999.

It is noted that Clause 102 of SEPP (Infrastructure) does not apply to the development as Carlingford Road is identified as a road with an annual average daily traffic volume of less than 40,000 vehicles (based on the traffic volume data published on the website of the RMS). Therefore, no further assessment with regard to impact of road noise on the development is required.

2.8.3     Traffic Generating Development

The development is not classified as a Traffic Generating Development in accordance with Clause 104 and Schedule 3 of SEPP (Infrastructure) as it would not result in more than 75 dwellings fronting a classified road. No objections have been raised by RMS with regard to traffic generation.

2.9        Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005

The application has been assessed against the requirements of Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005.  This Policy provides general planning considerations and strategies to ensure that the catchment, foreshores, waterways and islands of Sydney Harbour are recognised, protected, enhanced and maintained.

The proposal 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. A condition is recommended with respect to installation of sediment and erosion control measures prior to, and during, construction.

The proposed development would have minimal potential to impact on the Sydney Harbour Catchment.

2.10      Clause 74BA Environmental Planning and Assessment Act, 1979 - Purpose and Status of Development Control Plans

On 1 March 2013, the Environmental Planning and Assessment Act, 1979 was amended so that a DCP provision will have no effect if it has the practical effect of “preventing or unreasonably restricting development” that is otherwise permitted and complies with the development standards set out in relevant Local Environmental Plans and State Environmental Planning Policies. 

The principal purpose of a development control plan is to provide guidance on the aims of any environmental planning instrument that applies to the development; facilitating development that is permissible under any such instrument; and achieving the objectives of land zones under any such instrument. The provisions of a development control plan made for that purpose are not statutory requirements.

2.11      Hornsby Development Control Plan 2013

The Hornsby Development Control Plan (HDCP) 2013 applies to all land within Hornsby Shire and will replace Council’s existing DCPs, providing development controls to complement the HLEP.  The HDCP will come into effect on 11 October 2013. 

The following sections of this report include a detailed assessment of the proposal against Council’s existing DCP controls.  Although the HDCP was not in force at the date of finalising this report, the development proposal has been assessed against the Plan.

The HDCP is generally a transition of Council’s existing DCPs, into a consolidation Plan.  Notwithstanding, it is noted that the following controls are inconsistent with the existing DCP requirements and a brief discussion of the HDCP requirements is provided below:

2.11.1   Building Form and Separation

The eastern boundary of the site adjoins an undeveloped site resulting in the proposed development not complying with the HDCP requirement to provide half of the building separation required by the RFDC under SEPP 65 - Design Quality of Residential Flat Buildings.

The non-compliance with HDCP is considered acceptable in the circumstances given the merit of the design in achieving the desired outcome for built form and separation as discussed in Section 2.12. 

2.11.2   Vehicle Access and Parking

The HDCP includes revised car parking requirements with regard to proximity to a railway station and a new provision for motor cycle parking. In this regard, the proposed car parking would exceed the required 35 spaces for residents, 5 visitor spaces and would require 1 motor cycle space. A condition is recommended for the provision of 1 motor cycle space in accordance with the revised controls for transport and parking.

2.12      Housing Strategy Development Control Plan

The proposed development has been assessed having regard to the desired outcomes and prescriptive measures within Council’s Housing Strategy Development Control Plan (Housing Strategy DCP).  The following table sets out the proposal’s compliance with the prescriptive measures of the Plan:

Housing Strategy Development Control Plan

Control

Proposal

Requirement

Compliance

Site Width

33.53m

30m

Yes

Height

5 storeys – 17.5m

5 storeys – 17.5m

Yes

Lowest Residential Floor Above Ground

1.01m

Max - 1.50m

Yes

Maximum Floorplate Dimension

35m

35m

Yes

Building Indentation

4m x 4m

4m x 4m

Yes

Front Setback

10m

8.13m (for 7m length)

10m

8m < 1/3rd frontage

 

Yes

Yes

 

W Side Setback

6m

4m < 1/3rd frontage

6m

4m < 1/3rd frontage

Yes

Yes

E Side Setback

6m

4m < 1/3rd frontage

6m

4m < 1/3rd frontage

Yes

Yes

Rear Setback

10m

8m < 1/3rd boundary

7m

10m

8m < 1/3rd boundary

7m balcony encroachment

Yes

Yes

Yes

Top Storey Setback From Ground Floor

Front  3m

East side 1m – 6m

West side 2m – 5m

Rear 2m – 5m

3m

3m

3m

3m

Yes

No

No

No

Underground Parking Setback

Front - 7m

W Side - 4m

E Side – 4m

Rear – 7m

7m

4m

4m

7m

Yes

Yes

Yes

Yes

Basement Ramp Setback

2m

2m

Yes

Car Parking

37 resident spaces

7 visitor spaces

8 bicycle racks

32 resident spaces

7 visitor spaces

11 bicycle racks

Yes

Yes

No

 

Landscaping

Front & Rear – 7m

W Side – 4m

E Side – 4m

7m

4m

4m

Yes

Yes

Yes

Private Open Space Min Width 2.5m

1 br units - > 10m2

2 br units - > 12m2

3 br units - 16m2

10m2

12m2

16m2

Yes

Yes

Yes

Communal Open Space

30%

25%

Yes

Sunlight Access

70%

70%

Yes

Housing Choice

1 br units – 30%

2 br units - 60%

3 br units – 10%

10%

10%

10%

Yes

Yes

Yes

Adaptable Units

30%

30%

Yes

 

As detailed in the above table, the proposed development does not comply with the top storey setback measure and bicycle parking provisions within Council’s Housing Strategy DCP.  The matters of non-compliance are detailed below, as well as a brief discussion of the proposal in regards to the various elements of the DCP.

2.12.1   Desired Future Character

The proposed building is in accordance with required key principles for the future character of the precinct for well articulated five storey residential flat buildings in garden settings with basement car parking.  

2.12.2   Design Quality – SEPP 65

The proposed development is generally satisfactory in meeting the design principles of SEPP 65 (refer to discussion in Sections 2.4 and 2.5).

2.12.3   Site Requirements

The proposed development complies with the minimum 30m site width requirement. The proposal would not result in an isolated site or compromise development in accordance with the Housing Strategy DCP

2.12.4   Height

The proposed building complies with the 17.5 metre maximum height limit.  The proposed height of the basement above ground level complies with the Housing Strategy DCP

2.12.5   Setbacks

The proposed five storey building is generally set back from the site boundaries in accordance with the prescriptive measures of the Housing Strategy DCP.  The proposed top floor (4th storey) has a varied setback to the required 3m setback to the ground floor exterior wall. The non-compliance is considered acceptable with regard to the building articulation.

The proposal otherwise complies with the prescriptive measures for front, rear, side, basement car park and basement ramp setbacks.  The overall intent of the Setbacks element including the articulation of the building and reduced bulk on the top storey floor and incorporation of landscaping, open space and separation between buildings has been achieved.  The non-compliances are considered acceptable in this regard.

2.12.6   Landscaping

The landscaped areas within the front and side setbacks comply with the requirements of the Housing Strategy DCP and have been designed to accommodate mature canopy trees.         

A 7 metre wide landscaped area is achieved in the front setback.  The front landscaped area includes turf areas as well as hard stand areas and a nominated location for an electricity substation at the front of the site.  The extent of hard stand areas proposed is considered to be minimal, as reasonable provision has been made for deep soil areas to accommodate mature canopy trees and achieve a landscape setting.

The on-site detention system (OSD) is proposed to be located within the building envelope to avoid encroachment within the deep soil area.

The rear, and part of the side, setbacks would be utilised as communal open space. The proposed landscaping is considered satisfactory.

2.12.7   Floorplates, Separation and Articulation

The proposed building complies with the floorplate length of 35m.  The floorplate includes 4m x 4m indentations and the building achieves the appearance of two building pavilions in accordance with the prescriptive measures.  

The façade treatment, size and placement of windows, protruding balconies, vertical panels and stepped levels of the building, minimises the bulk and scale and would contribute to the streetscape.

The proposed building complies with the Housing Strategy DCP articulation prescriptive measures and meets the key principles for built form within the ‘Carlingford Road, Carlingford Precinct’.

Accordingly, the design of the floorplate, the proposed indentations and the articulation of the facades has been assessed as satisfactory.

2.12.8   Open Space

The proposed units comply with the required minimum area for private open space accessible from main living areas. The proposal includes a communal open space area in accordance with the minimum requirement.

The proposed private and communal open space provision is in accordance with the prescriptive measures to provide for a range of outdoor activities and to encourage active living.

2.12.9   Privacy

The matters in relation to acoustic privacy of the units have been discussed in detail under “Residential Flat Design Code” in Section 2.5.4 of this report. The proposed design of the building achieves the ‘building separation’ requirements required by SEPP 65.

The living areas of the residential units have been positioned to face the front and the rear wherever possible. The ground floor balconies fronting the communal open space would be suitably screened by landscaping including planter boxes. 

The proposal has been assessed as satisfactory in this regard and would not compromise the privacy of the future occupants.

2.12.10 Sunlight and Ventilation

The applicant has submitted detailed hourly solar access diagrams for elevations demonstrating compliance of individual units with solar access requirements. The applicant submits that 70% of the units would receive a minimum 2 hours solar access between 9am and 3 pm during Winter Solstice. Council’s assessment in this regard concludes that the units would comply with the above requirements.

The communal area would be orientated towards the northern, western and southern boundaries. The components of the communal open space located within the northern and western setbacks would receive 2 hours of solar access between 9am and 3pm during Winter Solstice.

The submitted solar access diagrams indicate that the proposal would not compromise the solar access provisions to the units and communal open space for the approved development on the adjoining site at Nos. 213-215 Carlingford Road or any future development on the eastern side of the site fronting Carlingford Road.

2.12.11 Housing Choice

The proposed building includes a mix of one, two and three bedroom dwellings together with provision for accessible housing for disabled persons and for adaptable housing for aging in place, in accordance with the prescriptive measures of the Housing Strategy DCP.

2.12.12 Vehicle Access and Parking

The proposed development complies with the required car parking provisions for residents and visitors subject to recommended conditions.

A total 11 bicycle parking spaces are required for the proposed development. Eight visitor bicycle spaces are shown in the shared zone for the disabled visitor parking spaces on Basement level 1.  This is not an acceptable location for bicycle parking. A condition has been recommended requiring the car parking spaces be re-configured to provide 11 bicycle parking spaces, in accordance with AS 2890.3-1993.

The development proposes two levels of basement parking for residents and visitors with access via a 6.8 metre wide driveway from Carlingford Road.  The driveway width, ramp gradients, aisle widths, location and number of car parking spaces have been assessed as satisfactory.  

The development would allow Small Rigid Vehicle (SRV) access to the upper basement to facilitate garbage collection. The turning area at the upper basement level would allow the SRV to reverse and egress the site in a forward direction.

The proposed storage areas comply with the requirements of the Residential Flat Design Code and are acceptable subject to a recommended condition.

2.12.13 Carlingford Road, Carlingford Precinct

The strategy for redevelopment of this precinct is to predominantly incorporate five storey residential flat buildings in garden settings with parking in basements. The proposal complies with this strategy for the precinct.

2.13      Waste Minimisation and Management Development Control Plan

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

A garbage chute and recycling bins are to be provided on each level. For 32 dwellings, the site would require 8 x 240 L garbage bins (or 3 x 660 litre garbage bins) serviced twice weekly plus 7 x 240 litre recycling bins serviced weekly. The basement bin room is sufficient size to house the required number of bins.  However, volume handling equipment arrangements are to be verified at Construction Certificate stage. The basement also includes a room for placement of unwanted bulky items awaiting collection.

The upper basement level has an area 6.17m wide by 7m deep for bin storage, volume handling equipment and parking for the waste collection vehicle. Access for small rigid waste collection vehicles has been provided to the basement and the truck is to park in the aisle next to the bin room.  The aisle is two-way and has been assessed as acceptable.

Subject to recommended conditions, the proposed development is satisfactory in respect to the DCP.

2.14      Access and Mobility Development Control Plan

The proposed development has been assessed having regard to the relevant performance and prescriptive design requirements within Council’s Access and Mobility Development Control Plan.

The development proposes continuous barrier free access to all floors via a lift and complies with the requirements of the Housing Strategy DCP with regard to the provision of adaptable and accessible units subject to conditions.

The application is assessed as satisfactory with regard to the Access and Mobility DCP.

2.15      Car Parking Development Control Plan

The proposed development has been assessed having regard to the relevant performance and prescriptive design requirements contained within Council’s Car Parking Development Control Plan and is generally in compliance with Council’s car parking requirements. Refer also to discussion in Section 2.12.12.

2.16      Sustainable Water Development Control Plan

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

2.17      Section 94 Contributions Plan

Council’s Section 94 Plan applies to the development as it would result in the addition of 29 residential units in lieu of the three existing residences. 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

The site comprises a number of exotic and weed species.  The proposed development would necessitate the removal of 16 trees from the site, 15 of which are exempt under Council’s Tree Preservation Order (TPO) and one of the trees (T1) is located on the adjoining property. The application is supported by an arborist report that assesses existing trees and provides recommendations.  None of the trees to be removed are identified as significant and Council’s assessment of the application with regard to its impact on trees concludes that the proposal is satisfactory.

The submitted landscape plan includes a range of indigenous plant species including Angophora costata (Smooth Bark Apple) and Elaeocarpus reticulates (Blueberry Ash). Accordingly, the submitted landscape plan is considered acceptable with regard to the natural environment.

3.2        Built Environment

3.2.1     Built Form

The buildings would be located within a precinct indentified with a future character of five storey residential flat buildings in landscaped setting with underground car parking.  The built form of the proposal would be consistent with the desired future character of the precinct.

3.2.2     Traffic

A concern was raised regarding inadequate infrastructure to support rezoning of five storey development and the objector requested Council conduct further traffic modelling on Carlingford Road.

At its meeting on 18 July 2012, Council resolved to undertake additional traffic modelling for the Carlingford Housing Strategy precinct to confirm road and other improvements required to facilitate future development within the precinct.

In summary, the updated traffic model concludes that the following mitigation measures will be effective in maintaining the current level of service under existing and future conditions:

·              Signalisation of the intersection of Carlingford Road with Hepburn Avenue;

·              Continue with the proposal in the Housing Strategy DCP to prohibit left turn movements from Keeler Street into Pennant Hills Road;

·              Installation of traffic calming devices in Keeler Street; and

·              Provision of an intersection treatment/roundabout on Keeler Street at Hepburn Avenue or Rickard Street.

Given that the most significant traffic increases will occur on the arterial routes of Pennant Hills Road and Carlingford Road due to regional traffic, local improvements will only result in a marginal improvement to local traffic conditions. The report on the updated model recommends that Council should write to the Minister for Planning and Infrastructure, Roads and Maritime Services and Infrastructure NSW seeking details of capacity improvements planned for Pennant Hills Road and Carlingford Road to support the additional housing required by the State Government.

Accordingly, at its meeting on 15 May 2013, Council resolved that draft amendments to the Housing Strategy DCP and draft Hornsby DCP identifying the additional recommended traffic improvements to support development of the Carlingford precinct be exhibited. In accordance with Council’s resolution, the draft DCP amendments have been exhibited.  A report on submissions is currently being prepared to enable Council to determine its position concerning the recommended road improvements.

A Traffic and Parking Impact Assessment prepared by McClaren Traffic has been submitted with the proposal. The report concludes that the Level of Service (LoS) for Carlingford Road and the nearby intersections would be negligibly affected by the traffic generated due to the proposed development (16 peak hour vehicular trips). Council’s engineering assessment of the traffic impacts of the development concludes that the proposal is satisfactory.

In addition, the Roads and Maritime Service has reviewed the application and raises no objection to concurrence to the proposed development subject to recommended conditions.

The proposal is assessed as satisfactory in relation to the Housing Strategy Development Control Plan and the Car Parking Development Control Plan.

3.2.3     Stormwater Management

Stormwater from the proposed development would be connected to Council’s street drainage system via an on-side detention (OSD) system. The proposed method of stormwater drainage from the development is assessed as satisfactory subject to recommended conditions of consent.

3.3        Social Impacts

The residential development would improve housing choice in the locality by providing a range of household types. The location of the development is in close Proximity to Carlingford Court Shopping Centre and Carlingford Commercial Centre, allowing direct access to retail, business, recreational, health and educational facilities for future residents.

3.4        Economic Impacts

The proposal would have a minor positive impact on the local economy in conjunction with other new 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”.

4.1        Flooding

The Hornsby Overland Flow Map identifies the site as being affected by overland flow during the 1 in 100 year ARI flood event. The applicant submitted a Flood Study. Council’s engineering assessment concludes that the proposed development is satisfactory subject to 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 23 January 2013 and 27 February 2013 in accordance with Council’s then Notification and Exhibition Development Control Plan.  During this period, Council received two submissions from the same property.  The map below illustrates the location of those nearby landowner who made a submission that are in close proximity to the development site.

 

NOTIFICATION PLAN

 

 

 

•       PROPERTIES NOTIFIED

 

 

 

 

X      SUBMISSIONS

         RECEIVED

 

 


          PROPERTY SUBJECT OF DEVELOPMENT

 

 

Amended plans were received and were notified to the adjoining properties between 18 June 2013 and 3 July 2013. A submission was received from a property owner raising the same matters of concern as were outlined in the original submissions.

The submissions received object to the development, generally on the following grounds:

·              Traffic congestion; and

·              Lack of infrastructure to support the development.

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

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     Roads and Traffic Authority

The application was referred to the Roads and Maritime Services (RMS) for comments under the provisions of Section 138 of the Roads Act 1993. The RMS has raised no objections subject to the implementation of recommended conditions 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 development would be in the public interest.

CONCLUSION

The application seeks approval for the demolition of existing structures and the construction of a five storey residential flat building comprising 32 dwellings and basement car parking.

The application has been assessed having regard to Section 79C of the Environmental Planning and Assessment Act 1979, the design principles within SEPP 65 Design Quality Residential Flat Development, the standards within the Hornsby Shire Local Environmental Plan 1994 and the objectives of the development controls within Council’s Housing Strategy DCP and Hornsby Development Control Plan 2013.

The proposal would result in a development this is compatible with the desired future character of the Carlingford Road housing strategy precinct.

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

 

 

3.View

Floor Plans

 

 

4.View

Elevations and Sections

 

 

5.View

Shadow Diagrams

 

 

6.View

Landscape Plans

 

 

 

 

File Reference:           DA/27/2013

Document Number:     D02432912

 


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:

Architectural Plans prepared by Australian Consulting Architects

Plan No.

Issue

Plan Title

Dated

B 0.0

B

Cover Page

April 2013

B 1.0

B

Site Plan

April 2013

B 2.0

B

Basement Plan 2

April 2013

B 2.1

B

Basement Plan 1

April 2013

C 2.2

C

Ground Floor Plan

August 2013

B 2.3

B

Level 1 Plan

April 2013

B 2.4

B

Level 2 Plan

April 2013

B 2.5

B

Level 3 Plan

April 2013

B 2.6

B

Level 4 Plan

April 2013

B 2.7

B

Roof Plan 

April 2013

B 3.0

B

Elevations

April 2013

B 3.1

B

Elevations

April 2013

B 4.0

B

Section

April 2013

A 6.0

A

Accessible & Adaptable Units

April 2013

A 6.1

A

Accessible & Adaptable Units

April 2013

A 6.2

A

Accessible & Adaptable Units

April 2013

Landscape Plans prepared by RFA Landscape Architects

Plan No.

Issue

Plan Title

Dated

L -01/2

B

Landscape Plan

28.05.2013

L -02/2

B

Landscape Plan

28.05.2013

 

Stormwater Plans prepared by Martens Consulting Engineers

Plan No.

Issue

Plan Title

Dated

SK002

A

General Site Drainage Plan

28/05/2013

SK003

A

Basement B1 Drainage Plan

28/05/2013

SK004

A

Basement B2 Drainage Plan

28/05/2013

 

Document Title

Prepared by

Date

Design Verification Statement

Australian Consulting

Architects

June 2013

Shadow Diagrams 21st June (Reference No: B 5.0 Issue B)

Australian Consulting

Architects

April 2013

Shadow Diagrams 21st June (Reference No: B 5.0 Issue B)

Australian Consulting

Architects

April 2013

Arboricultural Assessment Report

Tree and Landscape

Consultants

4 April 2013

Crime Risk Assessment Report

Planning Ingenuity

4 June 2013

BASIX Certificate No. 461173M_03

BASIRIUS

19 June 2013

NatHERS Certificate No. 14620012

Manual Basiri

19/06/2013

Flood Study and Stormwater Management Plan

Martens Consulting

Engineers

December 2012

Finishes Schedule (Reference No: B F.1 Issue B)

Australian Consulting

Architects

August 2013

Traffic and Parking Impact Assessment

McLaren Traffic

Engineering

January 2013

2.         Removal of Existing Trees

This development consent only permits the removal of trees numbered 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 and 16 as identified in the Arboricultural Assessment Report prepared by Tree and Landscape Consultants dated 4 April 2013.  The removal of any other trees requires separate approval under Council’s Tree Preservation Order.

3.         Construction Certificate

A Construction Certificate is required to be approved by Council or a Private Certifying Authority prior to the commencement of any works under this consent.

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.         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.

6.         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.

7.         Accessible Units

a)         The details of fit-outs of all accessible units (4 units) and details of adaptable units must be provided with the Construction Certificate Plans.

b)         The adaptable units must be in compliance with AS1428.1 - Design for Access and Mobility.

8.         Letterboxes

The details of letter boxes and meter enclosures must be provided with the Construction Certificate Plans. The letter boxes and meter enclosures must be provided with a minimum setback of 2 metres from all boundaries and must be suitably screened.

9.         Dilapidation Report

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

10.        Public Authority Approvals

The proponent is to obtain all necessary operating approvals and/or permits from all relevant public authorities including RailCorp and Roads and Maritime Service, details of which are to be submitted to Council prior to the issue of a Construction Certificate.

11.        Car Parking and Deliveries

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

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

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

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

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

12.       Construction Traffic Management Plan

A Construction Traffic Management Plan detailing construction vehicle routes, number of trucks, hours of operation, access arrangements and traffic control arrangements is to be prepared and approved by the RMS. A copy of the approved Construction Traffic Management Plan is to be submitted to Hornsby Shire Council prior to the issue of the Construction Certificate.

13.        Stormwater Drainage

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

a)         Connected directly to Council’s street drainage system in accordance with the requirements of the RMS.

14.        On Site Stormwater Detention

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

a)         Have a capacity of not less than 20 cubic metres, and a maximum discharge (when full) of 58 litres per second.

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

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

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

15.        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)         Design levels at the front boundary must be obtained from Council; and

b)         The driveway must be constructed in accordance with the requirements of the RMS.

16.        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, the requirements of the RMS and the following:

a)         Any redundant crossings must be replaced with integral kerb and gutter; and

b)         The footway area must be restored by turfing;

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.

17.        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 where required:

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.

18.        Waste Management Plan

Prior to issue of the Construction Certificate, a detailed Waste Management Plan Section One – Demolition Stage, Section Two – Design Stage, Section Three – Construction Stage and Section Four – Use and On-going Management as applicable, covering the scope of this project is required to be submitted to Council in accordance with the Waste Minimisation and Management Development Control Plan. The Waste Management Plan Section Four – Use and On-going Management must include the following requirements:

a)         Volume handling equipment fitted to both garbage chutes;

b)         Sufficient space to store the required number of bins (being 4 of 660 L garbage bins (or 11 of 240 L garbage bins) plus 10 of 240 L recycling bins) plus aisle space to manoeuvre the bins; and

c)         An area of at least 8 m2 for placement of unwanted bulky items awaiting removal. This area must not be required for the storage or manoeuvring of bins.

19.        Bicycle Parking

All bicycle parking spaces are to be designed in accordance with Australian Standard 2890.3-1993 – Bicycle parking facilities, RTA (2005) NSW Bicycle Guidelines, Austroads (2008) Guide to Traffic management – Part 11: Parking and relevant RMS supplement and the following requirement:

a)         The car parking spaces are to be re-configured to provide 11 bicycle parking spaces.

20.        Motorcycle Parking

2 motorcycle spaces are to be provided in the basement parking area and designed in accordance with AS2890.1-2004 Off Street Car Parking and the following requirements:

a)         The car parking spaces are to be re-configured to provide 2 motorcycle parking spaces;

b)         Each motor cycle parking space is to be designed and located so that parked motorcycles are not vulnerable to being struck by a manoeuvring vehicle.

21.        Parking Spaces for People with Disabilities

All parking spaces for people with disabilities must be constructed and operated in accordance with Australian Standard AS/NZS 2890.6:2009 – Off-street parking for people with disabilities.

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

22.        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.

23.        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.

24.        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.

25.        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.

26.        Tree Protection Barriers

Tree protection fencing must be erected around trees numbered 1 to be retained in accordance with the requirements of the Arboricultural Assessment Report prepared by Tree and Landscape Consultants dated 4 April 2013.  The tree fencing must be constructed of 1.8 metre ‘cyclone chainmesh fence’ or star pickets spaced at 2 metre intervals, connected by a continuous high-visibility barrier/hazard mesh at a height of 1 metre.

REQUIREMENTS DURING CONSTRUCTION

27.        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.

28.        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 must be disposed of to an authorised recycling and/or waste disposal site and/or in accordance with an approved waste management plan;

b)         Demolition works, where asbestos material is being removed, must be undertaken by a contractor that holds an appropriate licence issued by WorkCover NSW in accordance with Chapter 10 of the Occupational Health and Safety Regulation 2001 and Clause 29 of the Protection of the Environment Operations (Waste) Regulation 2005 and;

c)         On construction sites where buildings contain asbestos material, a standard commercially manufactured sign containing the words ‘DANGER ASBESTOS REMOVAL IN PROGRESS’ measuring not less than 400mm x 300mm must be erected in a prominent position visible from the street.

29.        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.

30.        Street Sweeping

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

31.        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 must be kept in a clean, tidy and safe condition at all times.

32.        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.

33.        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.

34.        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.

35.        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 records 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.

36.        Survey Report – Finished Floor Level

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

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

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

37.        Construction Noise Management

The construction works must be undertaken in accordance with the “Interim Construction Noise Guidelines – 2009” published by DECCW.

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.

38.        Fulfilment of BASIX Commitments

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

39.        Sydney Water – s73 Certificate

An s73 Certificate must be obtained from Sydney Water.

40.        Footpath

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

a)         The existing footpath being removed.

b)         The land adjoining the footpath to be fully turfed.

c)         Prior to the commencement of any works within the road reserve of Carlingford Road the written approval of Hornsby Shire Council is to be obtained under the Roads Act.

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

41.        Road Works

All road works approved under this consent must be designed and constructed in accordance with Council’s Civil Works Design and Construction Specification, 2005 and the following requirements:

a)         Construction of a central median in Carlingford Rd in accordance with the requirements of the RMS

42.        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.

43.        Creation of Easements

The following easements are to be created under 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 property in favour of Council in accordance with Council’s prescribed wording.  The position of the on-site detention system is to be clearly indicated on the title.

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

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

44.        Works as Executed Plan

A works-as-executed plan(s) must be prepared by a registered surveyor and submitted to Council for completed road pavement, kerb & gutter, public drainage systems, footpaths, driveways and on-site detention system. 

45.        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”.

46.       Planter Boxes/ On Slab Planting

On slab planter boxes must include waterproofing, subsoil drainage (proprietary drainage cell, 50mm sand and filter fabric) automatic irrigation, minimum 500mm planting soil for shrubs and minimum 1000mm planting soil for trees and palms and 75mm mulch to ensure sustainable landscape is achieved.

47.        Completion of Landscaping

A certificate must be provided by a practicing landscape architect, horticulturalist or person with similar qualifications and experience certifying that all required landscaping works have been satisfactorily completed in accordance with the approved landscape plans.

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

48.        Retaining Walls

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

49.        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).

50.        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.

51.        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.

52.        Unit Numbering

The allocation of unit numbering must be authorised by Council prior to the numbering of each unit in the development.

53.        Resident Storage

The basement resident storage areas are to be allocated in accordance with the size requirements of the SEPP 65 - Residential Flat Design Code for the respective units and proximity to the unit car parking space.

54.        Waste Management Details

The following waste management requirements must be complied with:

a)         The bin storage room at the basement level must include water or a hose for cleaning, graded floors with drainage to sewer, a robust door, sealed and impervious surface, adequate lighting and ventilation. The bin rooms at each residential level must include sealed and impervious surface, adequate lighting and ventilation.

b)         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.

iii)         All waste was taken to site(s) that were lawfully permitted to accept that waste.

c)         Each unit 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.

d)         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.

e)         The bin carting routes must be devoid of any steps.

Note: Ramps between different levels are acceptable.

f)          A report(s) must be prepared by a registered surveyor and submitted to the principal certifying authority prior to the issue of the Subdivision/Occupation Certificate, certifying that: 

i)          The finished access way (including ramp, vehicle turning area, loading bay and site entry/exit) to be used by waste collection vehicles, complies with Australian Standard AS2890.2-2002 Parking Facilities Part 2: Off-street Commercial Vehicle Facilities for small rigid vehicles with minimum design vehicle dimensions of 6.4 metres overall length, width of 2.3 metres, and 3.5 metre clearance height; and

ii)          The finished gradient(s), dimensions and geometry of the road/access way (including vehicle turning area) are in accordance with the approved plans.

g)         The 3.5 metre clearance height within the truck travel path must not be reduced by ducting, pipes or anything else.

55.       Accessibility Requirements

a)         Tactile ground surface indicators are to be positioned at the top and bottom of the pedestrian entrance to the building;

b)         Kitchen cupboards and equipments must not obstruct wheelchair access around doors;

c)         The accessible units must include all necessary fit outs.

56.       Construction for a Safe Environment

Prior to the issue of the Occupation Certificate, the site must include the following elements:

a)         An intercom system be installed at gate locations to ensure screening of persons entering the units;

b)         The entryway to the site be illuminated in high luminance at all times;

c)         The communal open space at the rear of the site be illuminated with high luminance by motion sensor lighting;

d)         The service areas of the ground floor and the garbage room at the basement be illuminated with high luminance by motion sensor lighting;

e)         The driveway and the basement car park is to be illuminated with low luminance at all times;

f)          Robust materials which cannot be forced or breached with minimised maintenance requirements are to be used for construction work in the common areas;

g)         The lamps and lighting levels must comply with Australian and New Zealand Lighting Standard 1158.1;

h)         Effective signage be provided to guide visitors to the main areas and parking areas;

i)          A street sign be prominently displayed in front of the site in accordance with Order No. 8, Section 124 Local Government Act 1993;

j)          The communal area must include a clear sign to restrict access for non-residents;

k)         Units numbers, entry and exit signs must be legible and clear;

l)          Fire exit doors to be fitted with single cylinder locksets (Australia New Zealand Standard-Locksets); and

m)        Doors must include laminated glass to increase safety.

57.        Section 94 Development Contributions

In accordance with Section 80A(1) of the Environmental Planning and Assessment Act 1979 and the Hornsby Shire Council Section 94 Development Contributions Plan 2012-2021, the following monetary contributions shall be paid to Council to cater for the increased demand for community infrastructure resulting from the development:

Description

Contribution (4)

Roads

$23,725.50

Open Space and Recreation

$409,141.85

Community Facilities

$57,337.40

Plan Preparation and Administration

$1,797.70

TOTAL

$492,002.45

 

being for 29 additional dwellings.

a)         If the contributions are not paid within the financial quarter that this consent is granted, the contributions payable will be adjusted in accordance with the provisions of the Hornsby Shire Council Section 94 Development Contributions Plan and the amount payable will be calculated at the time of payment in the following manner:

$CPY   =   $CDC  x CPIPY

        CPIDC

Where:

$CPY    is the amount of the contribution at the date of Payment

$CDC    is the amount of the contribution as set out in this Development Consent

CPIPY is the latest release of the Consumer Price Index (Sydney – All Groups) at the date of Payment as published by the ABS.

CPIDC is the Consumer Price Index (Sydney – All Groups) for the financial quarter at the date of this Development Consent.

b)         The monetary contributions shall be paid to Council:

i)          prior to the issue of the Subdivision Certificate where the development is for subdivision; or

ii)          prior to the issue of the first Construction Certificate where the development is for building work; or

iii)         prior to issue of the Subdivision Certificate or first Construction Certificate, whichever occurs first, where the development involves both subdivision and building work; or

iv)         prior to the works commencing where the development does not require a Construction Certificate or Subdivision Certificate.

It is the professional responsibility of the Principal Certifying Authority to ensure that the monetary contributions have been paid to Council in accordance with the above timeframes.

Council’s Development Contributions Plan may be viewed at www.hornsby.nsw.gov.au or a copy may be inspected at Council’s Administration Centre during normal business hours.

OPERATIONAL CONDITIONS

58.       Waste Storage Area and Waste Management

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

a)         Site security measures implemented on the property, including electronic gates, must not prevent access to the bin room/collection point by waste removal services.

b)         Site security measures be implemented to prevent access to the waste volume handling equipment by unauthorised persons including residents.

c)         A site caretaker must be employed and be responsible for moving bins where and when necessary, washing bins and maintaining waste storage areas, ensuring the chute system and related devices are maintained in effective and efficient working order, managing the communal composting area, arranging the prompt removal of dumped rubbish, and ensuring all residents are informed of the use of the waste management system.

59.       Landscape Establishment

The landscape works must be maintained into the future to ensure the establishment and successful growth of plant material to meet the intent of the landscape design. This must include but not be limited to watering, weeding, replacement of failed plant material and promoting the growth of plants through standard industry practices.

60.        Visitor Access

Visitors are to have access to the parking area at all times.  Visitors are to be able to access the basement car park by an audio/visual intercom system located at the top of the ramped driveway.

61.        Driveway

The driveway is to be restricted to left in and left out. 

62.        Redundant Driveways

Any redundant driveways shall be removed with kerb and gutter reinstated to RMS requirements.

63.       Noise

The level of total continuous noise emanating from operation of the premises including all the plant, including air conditioning units and processes in all buildings (LA10) (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.

64.       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.

GENERAL TERMS OF APPROVAL – ROAD AND MARITIME SERVICES

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.

65.        Vehicular Crossing

The access driveway width is to be minimum of 5.5 metres for at least 6 metres from the property line as per AS2890.1:2004.

The design and construction of the vehicular crossing on Carlingford Road must be in accordance with RMS requirements. Details of these requirements should be obtained from RMS’s Project Services Manager, Traffic Projects Section, Parramatta (Telephone 8849-2496).

Detailed design plans of the proposed vehicular crossing are to be submitted to RMS for approval prior to the commencement of any road works.

A plan checking fee (amount to be advised) and lodgement of a performance bond may be required from the applicant prior to the release of the approved road design plans by RMS.

66.        Central Median

As part of the development a central median is to be installed on Carlingford Road and extended on both side of the driveway to enforce a left-in and left-out movements.

The central median must be designed to meet RMS’s requirements, and endorsed by a suitably qualified partitioner. The design requirements must be in accordance with AUSTROADS and other Australian Codes of Practice. The certified copies of the civil deign plans must be submitted to RMS for consideration and approval prior to the release of the Construction Certificate by Council and commencement of road works.

The developer may be required to enter into a Works Authorisation Deed (WAD) for the abovementioned works. Please note that the Works Authorisation Deed (WAD) will need to be executed prior to RMS’s assessment of the detailed civil design plans.

RMS fees for administration, plan checking, civil works inspections and project management must be paid by the developer prior to the commencement of works.

67.        Construction Activity

All construction activity associated with the proposed development is to be contained on site as no construction zones will be permitted on Carlingford Road in the vicinity of the site.

68.        Road Occupancy License

A Road Occupancy License should be obtained from Transport Management Centre for any works that may impact on traffic flows on Carlingford Road during construction activities.

69.        Construction Traffic Management Plan

A Construction Traffic Management Plan detailing construction vehicle routes, number of trucks, hours of operation, access arrangements and traffic control should be submitted to RMS for determination prior to the issue of a Construction Certificate.

70.        Swept Path

The swept path of the longest vehicle (to service the site) entering and exiting the subject site, as well as manoeuvrability through the site, must be in accordance with AUSTROADS. In this regard, a plan must be submitted to Council for approval, which shows that the proposed development complies with this requirement, prior to issue of Construction Certificate.

71.        Stormwater Discharge

Should the post storm water discharge from the subject site into the RMS system exceed the pre-development discharge, detailed design plans and hydraulic calculations of any charges are to be submitted to the RMS for approval, prior to the commencement of works.

Details should be forwarded to:

Sydney Asset Management

Roads and Maritime Services

PO BOX 973 Parramatta CBD 2124

72.        Acoustics

The proposed development must be designed such that traffic noise from adjacent public roads is mitigated by durable materials and comply with requirements of Clause 102 (Impact of road noise or vibration on non-road development) of State Environmental Planning Policy.

73.        Excavation and Support Structures

The developer is to submit design drawing and documents relating to the excavation of the site and support structures to RMS for assessment, in accordance with Technical Direction GTD2012/001.

The developer is to submit all documentation at least six (6) weeks prior to commencement of construction and is to meet the full cost of the assessment by RMS.

The report and any enquiries should be forwarded to:

Project Engineer, External Works

Sydney Asset Management

Roads and Maritime Services

PO BOX 973 Parramatta CBD 2124

Telephone 8848 2114

Fax 8849 2766

If it is necessary to excavate below the level of the base of the footings of the adjoining roadways, the person acting on the consent must ensure that the owner/s of the roadway is/are given at least 7 days notice of intention to excavate below the base of the footing. The notice must include complete details of the work.

74.        Signposting

All works/regulatory signposting associated with the proposed development are to be at no cost to the RMS.

75.        Landscaping

Any proposed landscaping and/or fencing must not restrict sight distance to pedestrians and cyclists travelling along the footpath.

76.        Vehicles

All vehicles are to enter and leave the site in a forward direction.

- 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 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 3 metres, and which develops many branches, usually from a distance of not less than 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.

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.

Telecommunications Act 1997 (Commonwealth)

If you are aware of any works or proposed works which may affect or impact on Telstra’s assets in any way, you are required to contact: Telstra’s Network Integrity Team on Phone Number 1800 810 443.

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.

 


 

Group Manager’s Report No. PL98/13

Planning Division

Date of Meeting: 16/10/2013

 

8        DEVELOPMENT APPLICATION - RURAL SHED - 9 URALLA ROAD, DURAL   

 

 

EXECUTIVE SUMMARY

DA No:

DA/567/2013 (Lodged 5 June 2013)

Description:

Rural shed

Property:

Lot 400, DP 1061664, No. 9 Uralla Road, Dural

Applicant:

Mrs Helen Monica McNamee

Owner:

Mrs Helen Monica McNamee

Estimated Value:

$180,000

Ward:

A

·              The proposal involves the erection of a rural shed.

·              The proposal does not comply with the objectives of the Hornsby Shire Local Environmental Plan 1994, Rural Lands Development Control Plan and Hornsby Development Control Plan 2013.

·              A Red Sticker has been placed on the application requiring that the proposal be determined at a Council meeting.

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

·              It is recommended that the application be refused.

 

RECOMMENDATION

THAT Development Application No. 567/2013 for the erection of a rural shed at Lot 400, DP 1061664, No. 9 Uralla Road, Dural be refused on the grounds detailed in Schedule 1 of Group Manager’s Report No.PL98/13.

 


BACKGROUND

There is no background relevant to the determination of this application.

SITE

The 1.85 hectare site is located on the north side of Uralla Road, Dural and contains a two storey dwelling-house of brick and tile construction with a free-standing pool room, stables, in-ground swimming pool, detached garage, carport, tennis court and a shed.

The site has a 4% fall from the north to the south.

The site is not bushfire or flood prone, is not located within a heritage conservation area nor is it in the vicinity of a heritage listed item.

Development in the immediate area is characterised by dwelling-houses, rural structures, extensive landscaping, agricultural land uses, outbuildings, fences and associated infrastructure on similarly sized sites that are in keeping with the character of the surrounding rural zone.

PROPOSAL

The application proposes the erection of a detached, part 3 storey building located in the vicinity of the front, southern corner of the site and behind the existing garage.  The building would be constructed with bricks and terracotta roof tiles.

The lower ground floor level comprises a workshop and storage area. The lower ground floor would be accessed by a roll-a-door within the north-east elevation and an internal stairway. 

The ground floor level would comprise a garage, accessed via 2 roll-a-doors within the south-west elevation, a sitting area and verandah overlooking the northern aspect of the site. 

The first floor level, located within the steeply pitched roof, would comprise an art studio, an ensuite, a sink and a fridge.  Light and ventilation would be provided to this attic space by 6 dormer windows within the north-east and south-west elevations and gable windows within the north-west and south-east elevations.

The application proposes to extend the existing driveway and to construct a footpath and a retaining wall.

Wastewater from the shower, toilet and sink would be treated by an on-site sewage management system, separately approved under the Local Government Act 1993.

One tree would be removed to accommodate the proposed shed.

ASSESSMENT

The development application has been assessed having regard to the ‘Metropolitan Plan for Sydney 2031’, 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 and (Draft) North Subregional Strategy

The (Draft) Metropolitan Strategy for Sydney 2031 is a broad framework to provide for Sydney’s growth to help plan for housing, employment, transport, infrastructure, the environment and open space.  It outlines a vision for Sydney to 2031, the challenges faced and the directions to follow to address these challenges and achieve the vision. 

The North Subregion comprises Hornsby, Kuring-gai, Manly, Warringah and Pittwater Local Government Areas.  The Draft North Subregional Strategy acts as a framework for Council in its preparation of the Comprehensive LEP by the end of 2013.

Within the North Subregion, the Draft Metropolitan Strategy proposes:

·              Population growth of 81,000 from the current 2011 baseline of 529,000;

·              Housing growth of 37,000 from the current 2011 baseline of 204,000; and

·              Employment growth of 39,000 from the current 2011 baseline of 186,000.

The proposed development would not be inconsistent with the Metropolitan Plan for Sydney 2031.

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 Rural BA (Small Holdings – Agricultural Landscapes) under the Hornsby Shire Local Environmental Plan 1994 (HSLEP).  The objectives of the Rural BA zone are:

a)         to restrain population growth, maintain the rural character of the area and ensure that existing or potentially productive agricultural land is preserved;

b)         to promote agricultural use of land and provide from a range of compatible land uses which maintain the agricultural and rural environment of the area; and

c)         to ensure development is carried out in a manner that improves the environmental qualities and   is within the servicing capacity of the area.

The HSLEP defines a “rural structure” as “any shed, barn, outbuilding or the like associated with a dwelling and used by the permanent residents of the dwelling for storage, hobbies, home occupations or the like”. Rural structures (including sheds) are permissible with the consent of Council in the Rural BA zone.

Although the application refers to the proposal as a “rural shed”, the development would incorporate an internal room layout and an exterior design featuring a ballustraded verandah, domestic style windows and glazed doors, timber lintels and sandstone features at ground floor level and 6 dormer windows within the roof.  This design and appearance of the building is such that it is capable of being used as a dwelling.  Accordingly, the proposal would more appropriately be defined as a “dwelling” under the HSLEP.

Multi-unit housing or secondary dwellings are currently a prohibited use in the zone.

The proposed upper floor level “art studio” component of the proposal would meet the definition of a “recreational facility” under the HSLEP which is:

“A building or place used for sporting activities, recreation or leisure activities, whether or not operated for the purpose of gain, but does not include a building or place elsewhere defined in this clause.” 

However, apart from the “art studio” and workshop components, the remainder of the development is capable of being used as a separate residence, with a room layout and an overall design theme consistent with a dwelling-house.

On 19 June 2013, the applicant was advised that the design and appearance of the proposal was such that it was capable of being used as a second dwelling and that multi-unit housing is not permissible within the Rural BA zone. 

In response, the applicant advised in the following terms:

1.         The ground floor area is proposed as a garage and has 2 large double garage doors which is consistent with its intended use to store vintage and special cars.

2.         The "tea making" area is a sitting and resting area that is reasonably required as part of the garage area.

3.         The "visual appearance" of the shed should be considered in the context of all the other buildings on the site.

4.         The intended use of the proposed building is for "hobbies" associated with the permanent residence and as such is allowable under the HSLEP.

At a subsequent site meeting on 12 September 2013, the applicant re-affirmed that the proposal was appropriately designed as submitted and should be assessed and determined on its merits.

2.2        Hornsby Local Environmental Plan 2013

The Hornsby Local Environmental Plan 2013 was made on 27 September 2013 and will come into effect on 11 October 2013.  The HLEP includes a savings provision stating that if a development application is made and not finally determined before the commencement of the HLEP, the application must be determined as if the Plan had been exhibited but not commenced. 

Under the HLEP, the subject land is zoned RU2 and a “farm building” is permissible within the zone with Council’s consent. A “farm building” is defined as “a structure the use of which is ancillary to an agricultural use of the landholding on which it is situated and includes a hay shed, stock holding yard, machinery shed, shearing shed, silo, storage tank, outbuilding or the like, but does not include a dwelling”.

The HLEP also permits the erection of a “secondary dwelling” on the site with the consent of Council.  Pursuant to Clause 5.4(9) of the HLEP, a “secondary dwelling” is restricted to 60 square metres or 20% of the total floor area of the principal dwelling.

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

The site is located within the catchment of the Hawkesbury Nepean River.  Part 2 of this Plan contains general planning considerations and strategies requiring Council to consider the impacts of development on water quality, aquaculture, recreation and tourism.

Subject to the implementation of sediment and erosion control measures, wastewater treatment and stormwater management to protect water quality, the proposal would comply with the requirements of the Policy.

2.4        Clause 74BA Environmental Planning and Assessment Act, 1979 - Purpose and Status of Development Control Plans

On 1 March 2013, the Environmental Planning and Assessment Act, 1979 was amended so that a DCP provision will have no effect if it has the practical effect of “preventing or unreasonably restricting development” that is otherwise permitted and complies with the development standards set out in relevant Local Environmental Plans and State Environmental Planning Policies. 

The principal purpose of a development control plan is to provide guidance on the aims of any environmental planning instrument that applies to the development; facilitating development that is permissible under any such instrument; and achieving the objectives of land zones under any such instrument. The provisions of a development control plan made for that purpose are not statutory requirements.

2.5        Hornsby Development Control Plan 2013

The Hornsby Development Control Plan (HDCP) 2013 applies to all land within Hornsby Shire and replaces Council’s existing DCPs, providing development controls to complement the HLEP 2013.  The HDCP will come into effect on 11 October 2013. 

The following sections of this report include a detailed assessment of the proposal against Council’s existing DCP controls as contained in the Rural Lands DCP.  Although the HDCP was not in force at the date of finalising this report, the development proposal has been assessed against the Plan.

The HDCP is generally a transition of Council’s existing DCPs into a consolidated Plan.  Notwithstanding, the Rural Buildings Section of the HDCP states that rural outbuildings (including sheds) on lots greater than 4,000m2 should have a maximum area of 250m2 and a total cumulative area of 500m2 unless demonstrated that they are required for an intensive rural activity”.

The proposed shed would have a site coverage of approximately 185m2 in compliance with the DCP.  However, the combined area of outbuildings on the property (including stables, studio, fibro shed, carport, garage and proposed shed) would be approximately 550m2, which would not be in compliance with the HDCP.

2.6        Rural Lands Development Control Plan

The development has been assessed having regard to the objectives and prescriptive measures of the Rural Lands Development Control Plan (DCP), with the following matters requiring further attention.

2.6.1     Agricultural and Rural Structures

The Agricultural and Rural Structures element of the DCP states that “rural sheds should be designed to integrate with the streetscape and compliment the rural character of the area”.  Furthermore, rural sheds should “be in keeping with the established rural character” and ”consistent of traditional materials that are consistent with the area or reflects local precedents”.  The HDCP 2013 also states that building form should consist of simple forms and planes.

The proposal would have the appearance of a two and three storey dwelling-house.  Apart from two “panel lift” garage doors within the south-west elevation and a subfloor level garage within the north-east elevation, the development would incorporate a covered verandah and ballustrades, domestic style windows and glazed doors, timber lintels, a sandstone feature at ground floor level and a steeply pitched roof, all contributing to the appearance of a dwelling-house.

It is acknowledged that the design of the proposed shed is consistent with the architectural style and design of the existing dwelling-house on the property.  The materials, finishes, architectural treatment and proposed location of the shed are sympathetic and complementary to the existing dwelling.  The applicant submits that the proposal represent on “upmarket shed” that compliments existing structures on the property.  However, the design of the building would result in a structure with the appearance and functionality of a dwelling rather than a rural shed.

Although not separately defined under the HSLEP, the dictionary definition of a shed includes a simple roofed structure of light construction.  This definition is reflected in the appearance of sheds in the locality.

In summary, although it is acknowledged the design of the shed is sympathetic to the style of the main residence, the proposed would result in a shed that has a residential rather than rural character and is capable of conversion to a dwelling-house given the internal room layout.  The appearance of the proposal is not typical for the design of a “rural shed” and approval of the development in its current form would set an undesirable precedent for further development in the rural zone.

2.6.2     Setbacks

The proposed location of the rural shed, which is located 6 metres from the adjacent south-eastern side boundary, does not comply with the 15 metre prescriptive measure of the Setbacks element.

It should be noted that the 15 metre setback requirement generally relates to “large allotments” of at least 10 hectares in area only.  In accordance with the HDCP 2013, a 10 metre setback is required from side boundaries.  The subject lot is 1.85 hectares in area and the 6 metre setback would be consistent with the setback of the existing garage at the front of the site.

Furthermore, the location of the shed is consistent with the Agricultural and Rural Structures element of the DCP which states that “rural structures should be setback further from the street than the main residence and where there are multiple structures, these should be clustered together”.

2.6.3     Effluent Disposal

The site is located in a part of Hornsby Shire that does not have access to Sydney Water’s sewer. 

Accordingly, all waste waters arising from the development would need to be directed to an onsite effluent treatment system.

Council’s engineering assessment of the proposal concludes that the proposed method of treatment of waste water from the development is appropriate.

The proposal meets the objectives of the Effluent Disposal element and is considered acceptable.

3.         ENVIRONMENTAL IMPACTS

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

3.1        Natural Environment

One tree would be within 3 metres of the structure and would be removed to accommodate the development.  The tree is not significant and its removal would create negligible environmental impacts.  Accordingly, no objections are raised to its removal.

3.2        Built Environment

It is acknowledged that Council’s new LEP permits secondary dwellings on rural properties albeit, with less floor space allowable than proposed to be accommodated with the proposed shed.  Notwithstanding, the current proposal is for a shed with the appearance of a dwelling which would be contrary to the agricultural and rural structures element of the Rural Lands DCP and would set an undesirable precedent.  Furthermore, the scale of the proposed shed is larger than the form of development for rural outbuildings promoted under the HDCP 2013.

3.3        Social Impacts

Approval of the development would have minimal social impacts.

3.4        Economic Impacts

The proposal would not have an adverse economic impact on the locality.

4.         SITE SUITABILITY

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

The subject site is not identified as bushfire prone or flood prone land.  The site is capable of accommodating a rural structure that complies with the HSLEP and relevant development controls.

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 11 June 2013 and 25 June 2013 in accordance with Council’s then Notification and Exhibition Development Control Plan.  During this period, Council did not receive any submissions.  The map below illustrates the location of those nearby landowners who were notified of the proposal during the exhibition period.

 

 

NOTIFICATION PLAN

 

 

•       PROPERTIES NOTIFIED

 

X      SUBMISSIONS

         RECEIVED

          PROPERTY SUBJECT OF DEVELOPMENT

 

6.         THE PUBLIC INTEREST

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

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

The application is inconsistent with Council’s design criteria for a rural structure and would provide a development outcome that, on balance, would result in a negative impact for the community.  Accordingly, it is considered that the approval of the proposed development in its current form would not be in the public interest.

CONCLUSION

The application proposes the erection of a “rural shed” which, as a result of the design and layout of the rooms and fittings, is capable of being used as a separate dwelling.

The development would result in a building that is capable of being used for a dwelling contrary to the provisions of the HSLEP and Rural Lands DCP.  The design of the proposed shed is inconsistent with the Rural Lands Development Control Plan and Hornsby DCP 2013 as it would result in a development with a residential rather than rural character.

Council did not receive any submissions during the public notification period.

Having regard to the circumstances of the case, refusal 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

 

 

3.View

Floor Plans

 

 

4.View

Elevations and Sections

 

 

 

 

File Reference:           DA/567/2013

Document Number:     D02460336

 


SCHEDULE 1

REASONS FOR REFUSAL

1.         Pursuant to Section 79C(1)(a)(iii) of the Environmental Planning and Assessment Act, 1979, the proposed ”rural shed” fails to comply with the Agricultural and Rural Structures element of the Rural Lands Development Control Plan. 

2.         Pursuant to Section 79C(1)(a)(i) of the EP&A Act, 1979, the structure has been designed in a manner which is capable of being adapted for use as a dwelling-house which would constitute multi-unit housing, and is a prohibited in the Rural BA (Small Holdings – Agricultural Landscapes) zone under the Hornsby Shire Local and Environmental Plan 1994. 

3.         Pursuant to Section 79(c)(i)(b) and (e) of the EP&A Act, 1979, approval of the structure would set an undesirable precedent for further inappropriate development and would not be in the public interest.

- END OF REASONS FOR REFUSAL -

 


 

Group Manager’s Report No. PL101/13

Planning Division

Date of Meeting: 16/10/2013

 

9        DEVELOPMENT APPLICATION - DWELLING-HOUSE - 7 WOODRIDGE AVENUE, NORTH EPPING   

 

 

EXECUTIVE SUMMARY

DA No:

DA/538/2013 (Lodged 30 May 2013)

Description:

Demolition of an existing dwelling-house and erection of a two storey dwelling-house

Property:

Lot 17, DP 30288, No. 7 Woodridge Avenue, North Epping

Applicant:

Mrs Mumtaz Bee Binti Abdul Rauf c/- Buildcraft Construction

Owners :

Mr M R B Hussin and Mrs M B B A Rauf

Estimated Value:

$675,722

Ward:

C

 

·              The proposal involves the demolition of a dwelling-house and the erection of a two storey dwelling-house.

·              The proposal does not comply with the Hornsby Shire Local Environmental Plan 1994 with regard to Clause 15 (Floor Space Ratio).  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.

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

·              It is recommended that the application be approved.

 

RECOMMENDATION

THAT Development Application No. DA/538/2013 for the demolition of a dwelling-house and the erection of a dwelling-house at Lot 17 DP 30288, No. 7 Woodridge Avenue, North Epping be approved subject to the conditions of consent detailed in Schedule 1 of Group Manager’s Report No. PL101/13.

 


BACKGROUND

On 2 August 2013, the applicant submitted a stormwater concept plan and a formal objection pursuant to State Environmental Planning Policy No. 1 – Development Standards as the floor space ratio of the proposed dwelling-house exceeds the development standard under Clause 15 of the Hornsby Shire Local Environmental Plan 1994.

On 6 August 2013, the applicant submitted a waste management plan, a demolition plan and a safe work method statement.

SITE

The site has an area of 758.8m² and is located on the north-eastern side of Woodridge Avenue, North Epping.  The site has a street frontage to Woodridge Avenue of 16.76 metres, a rear boundary length of 16.76 metres and side boundaries each with measurements of 45.31 metres in length. The site contains a single storey dwelling-house and comprises a number of native and exotic planted tees.

The site is identified as being located on bushfire prone land as it adjoins the Lane Cove National Park to the rear.

The site is not mapped as being located on flood prone land, is not located within a heritage conservation area and is not within close proximity to any listed heritage items.

The site is not burdened by any easements or restrictions.

PROPOSAL

The application proposes the demolition of a dwelling-house and the erection of a two storey dwelling-house.  The ground floor level would comprise a porch, foyer, living room, study, double garage, powder room, laundry, kitchen, shared dining/family room and an alfresco area at the rear. The first floor level would comprise four bedrooms, walk-in-robe, ensuite, bathroom and a media/library room.

The application proposes the removal of five trees, the installation of an air-conditioning unit, a 5,000 litre rainwater tank as per BASIX commitments and the construction of a driveway.

ASSESSMENT

The development application has been assessed having regard to the ‘Metropolitan Plan for Sydney 2031’, 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 and (Draft) North Subregional Strategy

The (Draft) Metropolitan Strategy for Sydney 2031 is a broad framework to provide for Sydney’s growth to help plan for housing, employment, transport, infrastructure, the environment and open space. It outlines a vision for Sydney to 2031; the challenges faced, and the directions to follow to address these challenges and achieve the vision. 

The North Subregion comprises Hornsby, Kuring-gai, Manly, Warringah and Pittwater Local Government Areas. The Draft North Subregional Strategy acts as a framework for Council in its preparation of the Comprehensive LEP by the end of 2013.

Within the North Subregion, the Draft Metropolitan Strategy proposes:

·              Population growth of 81,000 from the current 2011 baseline of 529,000;

·              Housing growth of 37,000 from the current 2011 baseline of 204,000; and

·              Employment growth of 39,000 from the current 2011 baseline of 186,000.

The proposed development would be consistent with the Metropolitan Plan for Sydney 2031 as it would provide renewed housing stock to cater for the growing population.

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 a “dwelling-house” under the HSLEP and is permissible in the Residential A (Low Density) zone with Council’s consent.

Clause 15 of the HSLEP prescribes that the maximum floor space ratio (FSR) for development within the Residential A zone is 0.4:1.  The proposed development would generate a FSR of 0.49:1 which does not comply with this development standard.  To address this issue, the applicant has made a submission to vary the standard under State Environmental Planning Policy No. 1 - Development Standard which is assessed in Section 2.3 of this report.

2.2        Hornsby Shire Local Environmental Plan 2013

The Hornsby Local Environmental Plan 2013 was made on 27 September 2013 and will come into effect on 11 October 2013.  The HLEP includes a savings provision stating that if a development application is made and not finally determined before the commencement of the HLEP, the application must be determined as if the Plan had been exhibited but not commenced.  The relevant provisions of the HLEP are addressed below.

Under the HLEP, the subject land is zoned R2 (Low Density Residential) and a “dwelling-house” is permissible within the zone with Council’s consent.

2.3        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).  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 applicant has made a written submission in accordance with SEPP 1.

The NSW Land and Environment Court has expressed the view that there are 5 different ways in which an objection pursuant to SEPP 1 may be well founded and that approval of the objection may be consistent with the aims of the Policy as follows:

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

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

3.         The underlying object or 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; and

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 that:

“Strict compliance with the numeric FSR standard would not result in any reduced impact on loss of views from adjoining dwellings.  The proposed FSR in this case is not considered unreasonable in that:

·              The proposal complies with all the other objectives of Council’s LEP;

·              The proposal complies with all the other objectives and controls of Council’s Dwelling House Development Control Plan (DCP), especially setbacks, height, site coverage and solar access;

·              The building bulk, site coverage and proposed open space of the proposal are compatible with neighbouring developments;

·              The orientation of the site has necessitated that the building footprint be designed to maximise access to natural light.  This has resulted in a number of courtyards and the internal access past these courtyards has added additional floor area;

·              The first floor has been designed to maximise views from bedrooms towards the natural bushland at the rear.  By staggering bedrooms, the internal access required to reach these rooms has to be provided, resulting in additional floor area;

·              The spatial needs of the family have resulted in additional requirements for storage space, car parking and zoned living areas;

·              The site is wide and the proposed dwelling has been designed to contribute to a building massing that is responsive to the existing and desired spatial proportions along Woodridge Ave.  As a result the central areas of the house need to be open in order to maximise solar access.  This additional area required has contributed to the overall floor area;

·              The proposal contributes to the energy efficiency of the dwelling by maximising access to daylight, sunlight and ventilation;

·              Strict compliance with the numeric FSR standard would not result in any reduction in the bulk and scale of the proposal when viewed from the street and as such there would be no noticeable benefit in reducing the gross floor area of the proposal.”

The matters listed above have been taken into consideration in assessing the merits of the SEPP1 objection.

The Land and Environment Court has established that, in areas comprising relatively small allotments, restricting the FSR to less than 0.5:1 may unreasonably limit potential to increase the size of existing dwelling-houses to cater for the level of residential amenity and changing social demand for housing which is now expected.  This is seen as an obstacle to satisfying the objectives of the Environmental Planning and Assessment Act, 1979 which encourages the orderly and economic use of land.

With respect to the orderly and economic use of this land, the additional floor space would not impinge on the environmental and amenity aspects of the site and the underlying objectives of the zoning.  In this regard, the objection under SEPP 1 is sustained. 

Furthermore, with the introduction of the NSW Housing Code under State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, applicants are able to gain approval for dwelling-houses and other ancillary development as complying development with floor space ratios which exceed Council’s development standards.  The proposed development would have a gross floor area of 370.15m².  Under the NSW Housing Code, the 758.8m² allotment would be eligible to accommodate a dwelling-house with a gross floor area of up to 380m².

Notwithstanding that the proposal would not comply with the setbacks development standard, the NSW Housing Code is now enacted in many parts of the Shire and it is anticipated that more developments will be approved under this Code which will change the characteristics of dwelling-houses in the surrounding area.  Accordingly, strict compliance with the 0.4:1 FSR development standard under Clause 15 of the HSLEP is not considered necessary in this instance.

The proposal takes into consideration the topographical constraints of the site and the additional floor space would not impinge on the environmental and amenity aspects of the site as well as the underlying objectives of the zoning.  Accordingly, the SEPP 1 objection is well founded and is considered acceptable.

2.4        Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005

The site is located within the catchment of the Sydney Harbour Catchment.  Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 aims to protect the environment of the Sydney Harbour Catchment by ensuring that the impacts of future land uses are considered in a regional context.

Subject to the implementation of sediment and erosion control measures and stormwater management to protect water quality, the proposal would comply with the requirements of the Policy.

2.5        Clause 74BA Environmental Planning and Assessment Act, 1979 - Purpose and Status of Development Control Plans

On 1 March 2013, the Environmental Planning and Assessment Act, 1979 was amended so that a DCP provision will have no effect if it has the practical effect of “preventing or unreasonably restricting development” that is otherwise permitted and complies with the development standards set out in relevant Local Environmental Plans and State Environmental Planning Policies. 

The principal purpose of a development control plan is to provide guidance on the aims of any environmental planning instrument that applies to the development; facilitating development that is permissible under any such instrument; and achieving the objectives of land zones under any such instrument.  The provisions of a development control plan made for that purpose are not statutory requirements.

2.6        Hornsby Development Control Plan 2013

The Hornsby Development Control Plan (HDCP) 2013 applies to all land within Hornsby Shire and will replace Council’s existing DCPs, providing development controls to complement the HLEP 2013.  The HDCP will come into effect on 11 October 2013. 

The following sections of this report include a detailed assessment of the proposal against Council’s existing DCP controls.  Although the HDCP was not in force at the date of finalising this report, the development proposal has been assessed against the Plan. 

The HDCP is generally a transition of Council’s existing DCPs into a consolidated plan.  When assessed against the HDCP, the proposed development would comply with all elements (including floor area) except for the side boundary setbacks and first floor level entertaining area.

The HDCP states that single storey elements of dwelling-houses should have a 900mm side boundary setback with two storey elements having a 1.5 metre side boundary setback.  Notwithstanding, the proposed design includes a wing wall which protrudes from the front elevation towards the north-western boundary with a 700mm side boundary setback, the balance of the dwelling would comply with the prescriptive measures of the Setbacks element. The wing wall would create negligible impacts to the streetscape given it would have a maximum height of 2.1 metres above ground level.

The first floor level media/library room would not comply with the Privacy element of the HDCP which states that “living and entertaining areas of dwelling houses should be located on the ground floor and orientated towards the private open space of the dwelling house and not side boundaries”. Notwithstanding this, the media/living room would be orientated towards the street and would not have any windows on the side elevations. The ground floor level would have a family and dining room located to the rear of the dwelling which would have direct access to the private open space to the rear of the allotment.

The proposal meets the objectives of the HDCP and is considered acceptable.

2.7        Dwelling House Development Control Plan

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

Dwelling House DCP

Control

Proposal

Requirement

Complies

Floor space ratio

0.49:1

0.4:1

No 

Site cover

39%

40%

Yes

Setbacks

Front

8m

6m

Yes

Side (north-western)

700mm

1m

No

Side (south-eastern)

1.2m

3m

Yes

Rear

13.7m

3m

Yes

Height

7.7m

<9m

Yes

Unbroken Wall length

13.43m

10m

No

Building length

24.11m

24m

No

Cut and fill

600m

1m

Yes

Private Open Space

257m²

120m²

Yes

Landscaped area

58%

45%

Yes

Car Parking

No. of spaces

2 spaces

2 spaces

Yes

Garage size

 6.0m x 6.0m

5.7m x 5.4m

Yes

Solar Access

Windows to north-facing living rooms on adjoining land

>3 hours on 22 June

3 hours on 22 June

Yes

Private open space on adjoining land

>4 hours on 22 June

4 hours on 22 June

Yes

 

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

2.7.1     Scale

The proposed development would generate a floor space ratio of 0.49:1 which does not comply with the 0.4:1 prescriptive measure of the Scale element.  The matters relating to floor space ratio have been discussed above under Section 2.3 of this report.

2.7.2     Setbacks

The proposed 700mm side boundary setback of the wing wall protruding from the front elevation towards the north-western boundary does not comply with the 1 metre prescriptive measure of the Setbacks element.  Notwithstanding this, the encroachment is considered acceptable in this instance as the wing wall would only be for a height of 2.1 metres at the front elevation of the dwelling-house.  The balance of the side setback of the external wall of the north-western elevation of the dwelling would have a minimum setback of a 1.65 metres.

The proposal meets the objectives of the Setbacks element and is considered acceptable.

2.7.3     Design

The proposed 13.43 metre wall length of the north-eastern (rear), first floor level elevation does not comply with the prescriptive measure of the Design element which states that wall lengths should not exceed 10 metres in length without a physical “break”.  Notwithstanding this, the roof lines and fenestration provide sufficient articulation and avoid a monotonous and symmetrical design.  The proposed design would not create an adverse impact when viewed from the streetscape or from adjoining properties.

The proposed 24.11 metre overall building length does not comply with the 24 metre prescriptive measure of the Design element.  Notwithstanding this, it is a minor non-compliance and would not detract from the character of the streetscape or create any significant impacts to adjoining properties. Furthermore, the building includes indentations of 3.4m x 4.4m on the west elevation and 2.9m x 1.6m on the east elevation which reduce the perceived bulk and scale of the dwelling.

The proposal meets the objectives of the Design element and is considered acceptable.

2.7.4     Flora and Fauna Protection

The application includes the removal of five trees as part of the proposed development.  These trees are not significant and are exempt from Council’s Tree Preservation Order. 

The applicant has submitted an Arboricultural Impact Assessment Report with the application which includes recommended tree protection measures for trees required to be retained. These recommendations have been included in Schedule 1 of this report.

The proposal meets the objectives of the Flora and Fauna Protection element and is considered acceptable.

2.7.5     Privacy

The proposed first floor level media/library room does not comply with the prescriptive measure of the Privacy element which states that living and entertaining areas should be located on the ground floor level.

The media/library room would be orientated towards the street and would not have any windows facing the side boundaries.  As a consequence, the first floor level media/library room would not create any additional privacy impacts.

The proposal meets the objectives of the Privacy element and is considered acceptable.

2.7.6     Drainage Control

The submitted stormwater concept plan proposes that the dwelling-house drain to the street drainage system.  The plan has not been prepared by an engineer.  As the topography of the site slopes away from the street towards the rear of the property, the drainage system would be required to be a charged system.  As no details of the charged drainage system have been provided, conditions have been recommended that the stormwater from the proposed development be drained to absorption trenches to be located in the rear yard or, alternatively, to be designed by a suitably qualified engineer with details submitted with the construction certificate application.

Subject to conditions, the proposal meets the objectives of the Drainage Control element and is considered acceptable.

2.7.7     Solar Access

The Solar Access element states that dwelling-houses should be designed “to allow 3 hours of sunshine to the north-facing windows serving living rooms and 4 hours of sunshine to private open spaces between 9am and 3pm on 22 June (winter solstice)”.

The shadow diagrams submitted indicate that the shadows from the proposed development at 12 noon and 3pm on 22 June would be cast over the northern aspect of the adjoining property at No. 9 Woodridge Avenue.

The shadow cast at 12 noon would be over a carport and a portion of the northern elevation which does not have any north-facing windows.  As a consequence, the proposal would comply with the prescriptive measures of the Solar Access element.

The proposal meets the objectives of the Solar Access element and is considered acceptable.

3.         ENVIRONMENTAL IMPACTS

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

3.1        Natural Environment

The proposed development includes the removal of five trees from the site.  As discussed above under Section 2.6.3, these trees are exempt from Council’s Tree Preservation Order and therefore, their removal would create negligible environmental impacts.  Conditions have been recommended to protect the trees required to be retained.

3.2        Built Environment

The design of the proposed dwelling-house would not create an adverse impact on the streetscape or built environment in the surrounding area.  The proposal would result in a built form consistent with the character of development permissible in the locality.

3.3        Social Impacts

The proposed development would not create any adverse social impacts to the surrounding area.

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”.

4.1        Bushfire Risk

The site is identified as being located on bushfire prone land given its proximity to the Lane Cove National Park to the rear of the site.  The application was referred to the NSW Rural Fire Service for comment to which no objections were raised subject to recommended conditions of consent which have been included in Schedule 1 of this report.

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 7 June 2013 and 21 June 2013 in accordance with Council’s Notification and Exhibition Development Control Plan.  During this period, Council did not receive any submissions.  The map below illustrates the location of those nearby landowners who were notified during the exhibition period.

 

NOTIFICATION PLAN

 

•       PROPERTIES NOTIFIED

 

X      SUBMISSIONS

         RECEIVED

 

          PROPERTY SUBJECT OF DEVELOPMENT

 

 

6.         THE PUBLIC INTEREST

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

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

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

CONCLUSION

The application proposes the demolition of a dwelling-house and the erection of a two storey dwelling-house and associated works.

The application does not comply with the Hornsby Shire Council Local Environmental Plan 1994 in respect to Clause 15 ‘Floor Space Ratio’.  The applicant submitted a State Environmental Planning Policy No. 1 objection to vary the floor space ratio development standard.  The objection is considered well founded with regard to the existing development and the principles established by the Land and Environment Court.

There were no submissions received in response to notification of the proposed development.

Having regard to the circumstances of the case and consideration of the SEPP 1 objection, 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

 

 

3.View

Floor Plans

 

 

4.View

Roof Plan

 

 

5.View

Elevations

 

 

6.View

Section and Basix Commitments

 

 

7.View

Site Analysis

 

 

8.View

Concept Landscape Plan

 

 

9.View

Shadow Diagram

 

 

 

 

File Reference:           DA/538/2013

Document Number:     D02465900

 


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

02, 03, 04, 05, 06, 07, 08, 09, 10 and 11:  Issue D

Planmaster

28/05/2013

 

Document No.

Prepared by

Dated

Arboricultural Impact Assessment Report

Glenyss Laws

3 December 2012

SEPP 1 Objection – Floor Space Ratio

Icon Consulting & Design

22 July 2013

Statement of Environmental Effects

Planmaster

May 2013

Demolition and Waste Management Plan

Democorp

Undated

2.         Removal of Existing Trees

This development consent only permits the removal of 5 trees numbered 2, 3, 5, 6 and 7 as identified in the Arboricultural Impact Assessment Report prepared by Glenyss Laws dated 3 December 2012.  The removal of any other trees requires separate approval under Council’s Tree Preservation Order.

REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

3.         Building Code of Australia

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

4.         Contract of Insurance (Residential Building Work)

In the case of residential building work for which the Home Building Act, 1989 requires there to be a contract of insurance in force in accordance with Part 6 of that Act, that such a contract of insurance is in force before any building work authorised to be carried out by the consent commences.

5.         Notification of Home Building Act, 1989 Requirements

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

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

i)          The name and licence number of the principal contractor; and

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

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

i)          The name of the owner-builder and;

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

Note:  If arrangements for doing the residential building work are changed while the work is in progress so that the information notified becomes out of date, further work must not be carried out unless the principal certifying authority for the development to which the work relates (not being Council) has given Council written notification of the updated information.

6.         Sydney Water – Quick Check

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

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

7.         Design and Construction - Bushfire Attack Category

New construction must comply with the current Australian Standard AS3959 ‘Construction of buildings in bush fire-prone areas’ in accordance with the Bushfire Attack Level (BAL) and section A3.7 Addendum Appendix 3 of Planning for Bushfire Protection indicated below, together with conditions based on “Planning for Bush Fire Protection 2006”, as follows:-

a)         New construction on the southern elevation must comply with sections 3 and 8 (BAL 40) Australian Standards AS3959-2009 “Construction of buildings in bush fire-prone areas” and section A3.7 Addendum Appendix 3 of Planning for Bush Fire Protection 2006”.

b)         New construction on the northern, eastern and western elevations must comply with sections 3 and 9 (BAL FZ) Australian Standards AS3959-2009 “Construction of buildings in bush fire-prone areas”.  However, where 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.

c)         New window assemblies on the northern, eastern and western elevations must comply with modified Sections 3 and 9 of AS3959 (as above) or the following:

i)          They must be completely protected by a non-combustible and non-perforated bushfire shutter that complies with Section 3.7 of AS3959-2009 excluding parts (e) & (f); and

ii)          They must comply with the following:

a.         Window frames and hardware must be metal;

b.         Glazing must be toughened glass, minimum 6mm

c.         Seals to stiles, head and sills or thresholds must be manufactured from materials having a flammability index no greater than 5; and

d.         The openable portion of the window must be screened internally or externally with a mesh with a maximum aperture of 2mm, made from corrosion resistant steel or bronze. The frame supporting the mesh must be metal.

e.         New external doors and door frames (not including garage doors) on the northern, eastern and western elevations must comply with modified Sections 3 and 9 of AS3959 (as above) or the following:

iii)         They must be completely protected by a non-combustible and non-perforated bushfire shutter that complies with Section 3.7 of AS3959 excluding parts (e) & (f); and

iv)         They must comply with the following:

a.         Doors must be non-combustible;

b.         Externally fitted hardware that supports the panel in its function of opening and closing must be metal;

c.         Where doors incorporate glazing, the glazing must be toughened glass, minimum 6mm;

d.         Seals to stiles, head and sills or thresholds must be manufactured from silicone;

e.         Door frames must be metal;

f.          Doors must be tight fitting to the doorframe and to an abutting door; and

g.         Weather strips, draught excluders or draught seals must be installed if applicable.

d)         Water, electricity and gas are to comply with Section 4.1.3 of “Planning for Bush Fire Protection 2006”.

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

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.         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.

10.        Tree Protection Measures

The tree protection measures recommended in the Arboricultural Impact Assessment Report prepared by Glenyss Laws dated 3 December 2012 must be complied with.

11.        Erosion and Sediment Control

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

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

12.        Bushfire Management – Protection Zones

At the commencement of building works, the entire property must be managed as an Inner Protection Area (IPA) as outlined within section 4.1.3 and Appendix 5 of “Planning for Bush Fire Protection 2006” and the NSW Rural Fire Service’s document “Standards for asset protection zones”.

Note:  Further information concerning planning for bush fire protection can be found at:  www.rfs.nsw.gov.au.

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.        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 must be disposed of to an authorised recycling and/or waste disposal site and/or in accordance with an approved waste management plan;

b)         Demolition works, where asbestos material is being removed, must be undertaken by a contractor that holds an appropriate licence issued by WorkCover NSW in accordance with Chapter 10 of the Occupational Health and Safety Regulation 2001 and Clause 29 of the Protection of the Environment Operations (Waste) Regulation 2005; and

c)         On construction sites where buildings contain asbestos material, a standard commercially manufactured sign containing the words ‘DANGER ASBESTOS REMOVAL IN PROGRESS’ measuring not less than 400mm x 300mm must be erected in a prominent position visible from the street.

15.        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 must be kept in a clean, tidy and safe condition at all times.

16.        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.

17.        Survey Report – Finished Floor Level

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

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

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

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.

18.        Fulfilment of BASIX Commitments

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

19.        Stormwater Drainage

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

a)         The roof lines from the proposal shall be connected directly or charged to the proposed water harvesting system

b)         The water harvesting tank to be relocated between the proposed dwelling and the rear boundary of the property

c)         The overflow from the rainwater tank and collected surface water must be disposed of in accordance with Council’s design specification; “On Site Absorption System”, from Council’s Best Practices Handbook, and the following requirements:-

i)          The trench located a minimum of 5 metres from any down stream properties and 1 metre from the side boundaries;

ii)          The trench laid on contour;

iii)         The trench be a minimum of 0.6 metres wide, 0.6 metres deep and 1 metre long for every 10 square metres of impervious area; and

iv)         Overland flow from the trench be spread evenly over the site so as not to discharge water in a concentrated manner onto adjoining land.

or

v)          Be designed by a qualified hydraulic engineer.

20.        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 must be replaced with integral kerb and gutter.

b)         The footway area must be restored by turfing;

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.

21.        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.

22.        Retaining Walls

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

23.        Installation of Air Conditioner

To protect the amenity of adjacent properties, the condenser unit for the 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 8.00pm and 10.00pm.

- 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 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; and

·              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 a s a single or multi-trunked wood perennial plant having a height of not less than three (3) metres, and which develops many branches, usually form 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.

Asbestos Warning

Should asbestos or asbestos products be encountered during demolition or construction works, you are advised to seek advice and information prior to disturbing this material.  It is recommended that a contractor holding an asbestos-handling permit (issued by WorkCover NSW) be engaged to manage the proper handling of this material.  Further information regarding the