BUSINESS PAPER

 

General Meeting

 

Wednesday 14 October 2015

at 6:30PM

 

 

 

 


Hornsby Shire Council                                                                                           Table of Contents

Page 1

 

TABLE OF CONTENTS

 

AGENDA AND SUMMARY OF RECOMMENDATIONS

Rescission Motions

Mayoral Minutes  

ITEMS PASSED BY EXCEPTION / CALL FOR SPEAKERS ON AGENDA ITEMS

GENERAL BUSINESS

Office of the General Manager

Nil

Corporate Support Division

Item 1     CS40/15 Councillors' Expenses and Facilities Policy - Annual Review for 2015............... 1

Item 2     CS34/15 Hornsby Mall – Agreement to Grant Two Consecutive Section 139A Roads Act Consents to Perpetual Trustees W.A. Limited.................................................................................. 4

Item 3     CS41/15 Investments and Borrowings for 2015/16 - Status for Period Ending 31 August 2015     9

Item 4     CS33/15 Pecuniary Interest and Other Matters Returns - Disclosures by Councillors and Designated Persons.................................................................................................................... 12

Environment and Human Services Division

Item 5     EH24/15 Intention to Purchase Biodiversity Credits - NorthConnex............................... 16

Planning Division

Item 6     PL79/15 Development Application - Five Storey Residential Flat Building Comprising 35 Units - 522 and 524 Pacific Highway, Mount Colah....................................................................... 20

Item 7     PL77/15 Development Application - Five Storey Residential Flat Building Comprising 25 Units - 42 and 44 Lords Avenue, Asquith................................................................................... 73

Item 8     PL76/15 Development Application - Three Storey Mixed Use Development - 11 Bridge Road and 73 Jersey Street North, Hornsby................................................................................... 117

Item 9     PL75/15 Development Application - Extension of a Vehicle Sales Premises - 2-10 Central Avenue, Thornleigh............................................................................................................... 168

Item 10    PL53/15 Development Application - Subdivision of One Allotment into Two Lots - 6 Maroota Way, Beecroft................................................................................................................. 180

Item 11    PL83/15 Greater Sydney Commission - Selection of District Commissioners.............. 190

Item 12    PL84/15 Hornsby Development Control Plan Housekeeping Amendment 2015............ 194

Infrastructure and Recreation Division

Item 13    IR24/15 Further Report - Active Living Hornsby Strategy............................................ 200

Item 14    IR25/15 Request to Remove Tree - 200 Carlingford Road, Carlingford........................ 205

Item 15    IR30/15 Pesticide Use Notification Plan.................................................................... 209

Item 16    IR31/15 Tender T15/2015: Design and Construction of Boat Ramp and Floating Pontoons, Parsley Bay........................................................................................................................ 212  

PUBLIC FORUM – NON AGENDA ITEMS

Questions of Which Notice Has Been Given

Mayor's Notes

Item 17    MN10/15 Mayor's Notes - 1 to 30 September 2015.................................................... 215

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

Pastor Christine Redwood, from Hornsby Baptist Church, will open the meeting in prayer.

 

Acknowledgement of RELIGIOUS DIVERSITY

Statement by the Chairperson:

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

 

ABORIGINAL RECOGNITION

Statement by the Chairperson: 

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

 

AUDIO RECORDING OF COUNCIL MEETING

Statement by the Chairperson:

"I advise all present that tonight's meeting is being audio recorded for the purposes of providing a record of public comment at the meeting, supporting the democratic process, broadening knowledge and participation in community affairs, and demonstrating Council’s commitment to openness and accountability.  The recordings 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.  No other persons are permitted to record the Meeting, unless specifically authorised by Council to do so."

 

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 9 September 2015 be confirmed; a copy having been distributed to all Councillors.

Petitions

presentations

Rescission Motions

Mayoral Minutes  

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

 

Office of the General Manager

Nil

Corporate Support Division

Page Number 1

Item 1          CS40/15 Councillors' Expenses and Facilities Policy - Annual Review for 2015

 

RECOMMENDATION

THAT:

1.         The Councillors’ Expenses and Facilities Policy, as amended by the minor grammatical changes shown in the attachment to Deputy General Manager’s Report No. CS40/15, be adopted for the purpose of public exhibition.

2.         If submissions are received during the public exhibition period, a further report be prepared for Council’s consideration which addresses those submissions.

3.         Should no submissions be received by the end of the public exhibition period, the draft Policy attached to Deputy General Manager’s Report No. CS40/15 be adopted as final and a copy be forwarded to the Office of Local Government.

 

Page Number 4

Item 2          CS34/15 Hornsby Mall – Agreement to Grant Two Consecutive Section 139A Roads Act Consents to Perpetual Trustees W.A. Limited

 

RECOMMENDATION

THAT:

1.         Council agree to the negotiated agreement and grant to Perpetual Trustees W.A. Limited or other such directly related entity, two consecutive consents totalling ten years under section 139A of the Roads Act 1993 on the agreed terms of consent outlined within Deputy General Manager’s Report No. CS34/15.

2.         The Acting General Manager be authorised to execute any documents in relation to this matter which are deemed appropriate by Council's legal advisers.

3.         The Acting General Manager be authorised to negotiate the detailed terms of each of the two section 139A Roads Act consents generally in line with the terms outlined in Deputy General Manager’s Report No. CS34/15.

4.         If required by the absence of the Acting General Manager or by legal statute, Council authorise the use of Council’s seal on any lease, licence, Roads Act consents or other documents directly related to the subject two section 139A Roads Act consents as may be deemed appropriate by Council’s legal advisors, subject to review and authorisation by a Deputy General Manager.

 

Page Number 9

Item 3          CS41/15 Investments and Borrowings for 2015/16 - Status for Period Ending 31 August 2015

 

RECOMMENDATION

THAT the contents of Deputy General Manager’s Report No. CS41/15 be received and noted.

 

Page Number 12

Item 4          CS33/15 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 16

Item 5          EH24/15 Intention to Purchase Biodiversity Credits - NorthConnex

 

RECOMMENDATION

THAT:

1.         Council investigate and advertise the potential Biobank sites, as shown in Attachments 2-8 of Group Manager’s Report No. EH 24/15.

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

 

Planning Division

Page Number 20

Item 6          PL79/15 Development Application - Five Storey Residential Flat Building Comprising 35 Units - 522 and 524 Pacific Highway, Mount Colah

 

RECOMMENDATION

THAT Development Application No. DA/525/2015 for demolition of existing structures and the erection of a five storey residential flat building comprising 35 units with basement car parking at Lot 2A and 2B DP 372656, Lot 1 DP 125254 and Lot 1 Sec A DP 2052, Nos. 522 and 524 Pacific Highway, Mount Colah 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. PL79/15.

 

Page Number 73

Item 7          PL77/15 Development Application - Five Storey Residential Flat Building Comprising 25 Units - 42 and 44 Lords Avenue, Asquith

 

RECOMMENDATION

THAT Development Application No. DA/1221/2014 for the demolition of existing structures and erection of a five storey residential flat building comprising twenty-five units with basement car parking at Lot 4 in DP 21699 and Lot 5 in DP 21699 being Nos. 42 and 44 Lords Avenue, Asquith be approved subject to the conditions of consent detailed in Schedule 1 of Group Manager’s Report No. PL77/15.

 

Page Number 117

Item 8          PL76/15 Development Application - Three Storey Mixed Use Development - 11 Bridge Road and 73 Jersey Street North, Hornsby

 

RECOMMENDATION

THAT Council assume the concurrence of the Secretary of the Department of Planning and Environment pursuant to Clause 4.6 of the Hornsby Local Environmental Plan 2013 and approve Development Application No. 1290/2014  for demolition of existing structures and erection of a three storey mixed use development comprising shop-top housing with 16 residential units above three commercial units and basement car parking at Lot 1 DP 658957 and Lot 1 DP 656411, No. 11 Bridge Road and No. 73 Jersey Street North, Hornsby 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. PL76/15.

 

Page Number 168

Item 9          PL75/15 Development Application - Extension of a Vehicle Sales Premises - 2-10 Central Avenue, Thornleigh

 

RECOMMENDATION

THAT Development Application No. DA/619/2015 for extension of a vehicle sales premises at SP 35561, Nos. 2-10 Central Avenue, Thornleigh be refused for the reasons detailed in Schedule 1 of Group Manager’s Report No. PL75/15.

 

Page Number 180

Item 10        PL53/15 Development Application - Subdivision of One Allotment into Two Lots - 6 Maroota Way, Beecroft

 

RECOMMENDATION

THAT Development Application No. DA/290/2015 for the Torrens Title subdivision of one allotment containing an existing affordable rental housing development into two lots at Lot 11 DP 270639, No. 6 Maroota Way, Beecroft, be approved subject to the conditions of consent detailed in Schedule 1 of Group Manager’s Report No. PL53/15.

 

Page Number 190

Item 11        PL83/15 Greater Sydney Commission - Selection of District Commissioners

 

RECOMMENDATION

THAT the Mayor (or the General Manager’s representative if required through the unavailability of the Mayor) represent Hornsby Council on the selection panel for the Sydney North District’s recruitment of a District Commissioner for the Greater Sydney Commission.

 

Page Number 194

Item 12        PL84/15 Hornsby Development Control Plan Housekeeping Amendment 2015

 

RECOMMENDATION

THAT:

1.         The Housekeeping Amendments to the Hornsby Development Control Pan 2013, available for viewing on council’s website: hornsby.nsw.gov.au/property/development-applications/ hornsby-development-control-plan (Trim Reference D06684466) be publicly exhibited in accordance with the requirements of the Environmental Planning and Assessment Regulation 2000.

2.         Following the exhibition, a report on submissions be presented to Council.

 

Infrastructure and Recreation Division

Page Number 200

Item 13        IR24/15 Further Report - Active Living Hornsby Strategy

 

RECOMMENDATION

THAT Council:

1.         Endorse the findings of the Active Living Hornsby Strategy (ALHS).

2.         Prepare the five key action plans identified in the ALHS, commencing with a Sports Plan followed by a Walking and Cycling Plan.

 

Page Number 205

Item 14        IR25/15 Request to Remove Tree - 200 Carlingford Road, Carlingford

 

RECOMMENDATION

THAT Council refuse the request to remove the Eucalyptus saligna (Sydney blue gum) located in the front yard of the property at 200 Carlingford Road, Carlingford.

 

Page Number 209

Item 15        IR30/15 Pesticide Use Notification Plan

 

RECOMMENDATION

THAT Council endorse the public exhibition of the draft Pesticide Notification Plan as set out in Deputy General Manager’s Report No. IR30/15 with responses to the exhibition provided to Council in a further report.

 

Page Number 212

Item 16        IR31/15 Tender T15/2015: Design and Construction of Boat Ramp and Floating Pontoons, Parsley Bay

 

RECOMMENDATION

THAT Council:

1.         Accept the tender of GPM Constructions Pty Ltd for Tender No. T15/2015: “Design and Construction of Boat Ramp and Floating Pontoons, Parsley Bay” for the lump sum price as stated in the attached Confidential Memo.

2.         The price to be made public upon formal acceptance of Tender No. T15/2015.

  

PUBLIC FORUM – NON AGENDA ITEMS

Questions of Which Notice Has Been Given

Mayor's Notes

Page Number 215

Item 17        MN10/15 Mayor's Notes - 1 to 30 September 2015

 

Notices of Motion     

SUPPLEMENTARY AGENDA

MATTERS OF URGENCY 

QUESTIONS WITHOUT NOTICE

 


   


 

Deputy General Manager's Report No. CS40/15

Corporate Support Division

Date of Meeting: 14/10/2015

 

1        COUNCILLORS' EXPENSES AND FACILITIES POLICY - ANNUAL REVIEW FOR 2015   

 

 

EXECUTIVE SUMMARY

·              In accordance with Section 252 of the Local Government Act, Council is required to annually review its policy dealing with the payment of expenses and provision of facilities to councillors.  Once such review is complete, the updated policy is required to be forwarded to the Office of Local Government (OLG). 

·              A review of Council’s current Councillors’ Expenses and Facilities Policy has been completed and the updated draft Policy is included in the attachment to this Report, with proposed amendments shown in track changes. 

·              The amendments are generally minor grammatical amendments to ensure consistency of wording across the policy.

·              It is recommended that Council adopt the attached draft Policy for the purpose of public exhibition.

 

RECOMMENDATION

THAT:

1.         The Councillors’ Expenses and Facilities Policy, as amended by the minor grammatical changes shown in the attachment to Deputy General Manager’s Report No. CS40/15, be adopted for the purpose of public exhibition.

2.         If submissions are received during the public exhibition period, a further report be prepared for Council’s consideration which addresses those submissions.

3.         Should no submissions be received by the end of the public exhibition period, the draft Policy attached to Deputy General Manager’s Report No. CS40/15 be adopted as final and a copy be forwarded to the Office of Local Government.

 


PURPOSE

The purpose of this Report is to comply with the requirements of Section 252 of the Local Government Act; provide Council with the opportunity to consider proposed amendments to its Councillors’ Expenses and Facilities Policy; and seek Council’s endorsement of the amended Policy for the purpose of public exhibition.

BACKGROUND

Having regard to the provisions of Section 252 of the Local Government Act; the latest “Guidelines for the payment of expenses and the provision of facilities for Mayors and Councillors in NSW” (issued by the OLG in October 2009); and Circular No 11-27 issued by the OLG in September 2011 titled “Findings from Review of Councillor Expenses and Facilities Policies”, all NSW councils are required to undertake an annual review of their Councillors’ Expenses and Facilities Policy and submit their Policy to the OLG by 30 November each year.

Council last reviewed its Councillors’ Expenses and Facilities Policy in October 2014 as a consequence of its consideration of Deputy General Manager’s Report No. CS31/14.  Following the required public exhibition of the draft Policy, a copy of the final Policy was forwarded to the OLG by the due date.

DISCUSSION

The current Councillors’ Expenses and Facilities Policy has been operating effectively over the past 12 months, and no new advice or guidelines regarding Councillor expenses has been issued by the OLG or other relevant body during this period.  As such, the 2015 review of the Councillors’ Expenses and Facilities Policy has identified only some very minor grammatical amendments to ensure consistency of wording across the Policy.  Those proposed amendments are shown in track changes in the attached draft Policy.

CONSULTATION

The review of the Policy has regard to the latest “Guidelines for the payment of expenses and the provision of facilities for Mayors and Councillors in NSW” issued by the OLG in October 2009 and a Circular from the OLG issued on 21 September 2011 titled “Findings from Review of Councillor Expenses and Facilities Policies”.

BUDGET

An allocation exists within Council’s budget for the payment of Councillor expenses and facilities that fall within the provisions of the subject Policy.  This budget is monitored on a monthly basis and is subject to a quarterly review by Council.

POLICY

This Report proposes minor grammatical amendments to the Councillors’ Expenses and Facilities Policy.  Should Council resolve to adopt the amended Policy for the purpose of public exhibition, the public exhibition process will be undertaken having regard to relevant legislation and Council’s Public and Community Input Policy.

CONCLUSION

It is proposed that Council adopt the attached draft Policy for the purpose of public exhibition.  If submissions are received during the public exhibition period, a further report will be prepared for Council’s consideration which addresses those submissions.  Should no submissions be received by the end of the 28 day exhibition period, it is recommended that the Policy as attached to Deputy General Manager’s Report No. CS40/15 be adopted and a copy of the amended Policy forwarded to the OLG.

RESPONSIBLE OFFICER

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

 

 

 

 

 

 

Robyn Abicair

Manager - Governance and Customer Service

Corporate Support Division

 

 

 

 

Glen Magus

Acting Deputy General Manager

Corporate Support Division

 

 

 

Attachments:

1.View

Councillors' Expenses and Facilities Policy - October 2015 - Track Changes Showing

 

 

 

 

File Reference:           F2004/09552

Document Number:    D06546808

 


 

Deputy General Manager's Report No. CS34/15

Corporate Support Division

Date of Meeting: 14/10/2015

 

2        HORNSBY MALL – AGREEMENT TO GRANT TWO CONSECUTIVE SECTION 139A ROADS ACT CONSENTS TO PERPETUAL TRUSTEES W.A. LIMITED   

 

 

EXECUTIVE SUMMARY

·              Hunter Street Hornsby Mall is a dedicated public road for which Council is the Roads Authority.  Perpetual Trustees W.A. Limited (Westfield) have negotiated with Council for an upgrade of the restaurant precinct in Hunter Street, constructing three street vending cabanas (to be used for outdoor dining) at Perpetual Trustees W.A. Limited’s own cost.

·              In late 2014 Council provided owner’s consent to enable Perpetual Trustees W.A. Limited to lodge a DA for the construction of the cabanas.  Development consent was granted in March 2015 and construction of the cabanas has since commenced.

·              Council proposes to grant two consecutive section 139A Roads Act consents totalling 10 years to Perpetual Trustees W.A. Limited, for the occupation of the three cabanas based on Council’s 2015/16 adopted fees and charges.

·              The two consecutive consents will also provide flexibility for Perpetual Trustees W.A. Limited to substitute rental payments with agreed “in kind” capital improvements, or maintenance services that may align with the final Hornsby Mall Masterplan on a cash equivalent basis.

 

RECOMMENDATION

THAT:

1.         Council agree to the negotiated agreement and grant to Perpetual Trustees W.A. Limited or other such directly related entity, two consecutive consents totalling 10 years under section 139A of the Roads Act 1993 on the agreed terms of consent outlined within Deputy General Manager’s Report No. CS34/15.

2.         The Acting General Manager be authorised to execute any documents in relation to this matter which are deemed appropriate by Council's legal advisers.

3.         The Acting General Manager be authorised to negotiate the detailed terms of each of the two section 139A Roads Act consents generally in line with the terms outlined in Deputy General Manager’s Report No. CS34/15.

4.         If required by the absence of the Acting General Manager or by legal statute, Council authorise the use of Council’s seal on any lease, licence, Roads Act consents or other documents directly related to the subject two section 139A Roads Act consents as may be deemed appropriate by Council’s legal advisors, subject to review and authorisation by a Deputy General Manager.

 


PURPOSE

The purpose of this Report is to seek Council’s endorsement to enter into two consecutive Roads Act consents with Perpetual Trustees W.A. Limited (“Perpetual Trustees”) arising from a negotiation to develop and improve the southern section of Hunter Street in the Hornsby Mall.

DISCUSSION

Perpetual Trustees is a major stakeholder in the functioning and success of the Hornsby Mall with the Westfield property bordering approximately 50% of the Mall public space.  Perpetual Trustees owns adjoining properties on the west side of the southern section of the Hornsby Mall.  The Mall remains a dedicated public road, where it ends at the southern entrance Westfield shopping centre.  Council officers have been liaising with Perpetual Trustees to consider how Perpetual Trustees owned land best interacts with Hunter Street.

Council has currently granted 10 section 125 Roads Act 1993 approvals for outdoor dining approvals to adjoining restaurant operators in the Hornsby Mall.  The outdoor dining fees are set annually in accordance with Council’s adopted fees and charges.  There is one fee for the Hornsby Mall ($539 per square metre per annum (GST exempt) for the 2015/16 year), and a different fee for areas outside the Hornsby Mall.

In late 2014 Council provided owner’s consent to enable Perpetual Trustees to lodge a DA for the construction of three street vending cabanas (to be used for outdoor dining purposes).  As the DA related to Council land it was independently assessed and development consent was granted in March 2015.  Construction of the cabanas has since commenced.

Perpetual Trustees is providing a substantial investment by contributing the capital costs of the three cabanas adjacent to the Shores Restaurant in the Hunter Street section of the Hornsby Mall.  With the substantial capital investment, Perpetual Trustees seeks occupancy of the cabanas by way of two consecutive consents, totalling 10 years, for street vending under section 139A of the Roads Act 1993.

The provisions of section 139A Roads Act 1993 allows for consent to be given for a period not exceeding seven years.  Council has obtained legal advice that nothing in section 139A precludes two consecutive consents totalling 10 years.  The legal advice also states that section 139A Roads Act 1993 does not preclude the granting of two consecutive consents at the same time, with the second consent commencing the day after termination of the first.

The use of consecutive leases has been well established in accommodating long term occupations by telecommunications providers, as a valid methodology to avoid the subdivision of land for leases of more than five years, as required by the Conveyancing Act 1919.

Council is currently working on a Masterplan for the Hornsby Mall.  The Masterplan will encompass the southern section of the Hornsby Mall such that integrated and beneficial outcomes are achieved in any upgrades or development of the space.

Negotiation Basis

Council officers have negotiated with Perpetual Trustees in accordance with Policy No. POL00223 Land – Lease/Licence by Council.  The negotiated rental of $60,314.10 p.a. is in accordance with the current outdoor dining fees ($539 per sqm per annum GST exempt) and will be adjusted annually on the anniversary by CPI + 2% in accordance with the prevailing industry practice recognised by specialty shop lease rent reviews.

 

Agreed Terms of Consent

Roads Act Consent Areas – Three cabanas located adjoining Shores Restaurant at Hunter Street Hornsby Mall comprising an area of 111.9 sqm being Cabana One having an area of 48.2 sqm; Cabana Two having an area of 20.3 sqm; and Cabana Three having an area of 43.4 sqm being a Total Area of 111.9 sqm and as outlined in the plan in attachment 1 hereto.

Term – Two consecutive consents one being seven years and the other three years giving a total term of ten years with the two consecutive consents being entered into at the outset, the second consent commencing the day after termination of the first consent.

Commencing Consent Rental – $60,314.10 per annum.  Perpetual Trustees acknowledges that the rental is charged on a rate of $539 per square metre in accordance with Council’s Annual Hornsby Mall Outdoor Dining Fees & Charges 2015/16.  Rental is payable monthly in advance.

GST – Payable by Perpetual Trustees, if applicable.

Annual Consent Rental Reviews – Increased annually on the anniversary date by CPI + 2% in accordance with the prevailing industry practice recognised by specialty shop lease rent reviews.

Consent Rental “In-kind” Contributions – The consent will provide flexibility for Perpetual Trustees to substitute rental payments with agreed “in kind” capital improvements or maintenance services that may align with the final Hornsby Mall Masterplan, on a cash equivalent basis.  The “in-kind” contributions will need to satisfy a “public interest” test and cannot be construed as being of any direct value to Perpetual Trustees.

Use of Premises – For street vending purposes authorised by section 139A of the NSW Roads Act 1993 including, but not limited to, the use of structures for the purpose of selling any article or service (including the provision of food either to sit down customers or by take-away).

Public Liability Insurance – $20 million.

Outgoings Payable – For usage only (water usage charges, electricity etc.) and/or any other utility services furnished to and/or provided to or used upon the Premises.

Approvals – All approvals and development consents will be Perpetual Trustees’ responsibility.

Council not to be fettered – Perpetual Trustees acknowledges that Council is the appropriate consent authority in respect of any development application or consent granted in respect of Perpetual Trustees’ use of the areas.  Nothing in this Council report or the consents ultimately granted shall be read or construed as fettering Council’s rights, powers and discretions as consent authority.

Sub Licensing – Sub licensing or other such assignment of occupation rights is prohibited without Council’s consent.  Such consent is not to be unreasonably withheld by Council.  Council also acknowledges that sub-licensing is permitted to food tenants within Westfield Hornsby facing Hunter Street.

Assignment – Prohibited other than in connection with a sale of Westfield Hornsby.

Costs – Each party to pay their own legal and other related costs.

Signage – Perpetual Trustees is not permitted to erect signage on the premises without the authorisation of Council.  All costs of and maintenance of any signage if permitted by Council is the responsibility of Perpetual Trustees.

Waste Removal – Perpetual Trustees is responsible for the removal of all waste including food waste from the premises.

Make Good – Perpetual Trustees is required to return the premises to the condition at the date of the Roads Act consent’s commencement, fair wear and tear excepted.

Special Conditions:

1.         Perpetual Trustees acknowledges that the Roads Act Consent Areas are located on Hunter Street, a dedicated public road for which Council is the Roads Authority.  Perpetual Trustees will ensure that it will conduct its business and use the Roads Act Consent Areas so as to ensure that the safe use and enjoyment of Hunter Street by Council and members of the Public will not be prevented, unduly interfered with or adversely affected.

2.         Perpetual Trustees will permit Council and all persons authorised by Council at all times and on reasonable notice to enter the Roads Act Consent Areas for any purpose provided that in the exercise of its powers under this clause with Council acknowledging that no undue or unreasonable inconvenience shall be caused to Perpetual Trustees or the operator.

3.         Perpetual Trustees will ensure that all waste bins used in connection with the Roads Act Consent Areas are kept inside the Roads Act Consent Areas at all times in a position where they are not an obstruction outside of the Roads Act Consent Areas, except on nights when garbage from the waste bins is collected by the garbage collector.

4.         Perpetual Trustees will at its cost during the term keep the Roads Act Consent Areas clean and tidy.

5.         Perpetual Trustees will take all reasonable precautions to keep the Roads Act Consent Areas secure from vandalism and shall repair or rectify any damage caused to the Roads Act Consent Areas by vandalism.

CONSULTATION

In the preparation of this Report there has been consultation with Perpetual Trustees as the applicant for the development proposal.

BUDGET

The proposed two consecutive Roads Act Consents provide substantial financial, social and environmental benefits to the community.  The rental will be allocated to the Hornsby Mall budget to provide additional funds for its ongoing operations.

POLICY

Council’s Policy No. POL00223 Land – Lease/Licence by Council, adopted on 8 April 2015, applies.  It is considered that the fundamental principles and objectives of this Policy have been achieved throughout the consultation and negotiation processes.  Whilst the Policy recommends that the maximum period of leases will generally be five years, it provides for longer periods of tenure in special circumstances.  It is considered that the special circumstances of Perpetual Trustees’ capital investment and the high level of public benefit satisfy the special circumstances that justify a longer term lease.

The Policy provides delegated authority to the General Manager to grant leases/licences of no more than five years.  Therefore, a report to Council and resolution is required in respect of these longer term proposals, as provided for in the Policy.  The Policy also provides for rentals to be negotiated with due regard to Council’s opinion of market rental, ultimately seeking to achieve best value for Council.  In this situation, a formal market valuation is not considered necessary as the Council’s adopted fees and charges negotiated for the two consecutive Roads Act Consents meet the “best value” outcome for Council that delivers substantial public benefit.

CONCLUSION

The negotiated agreement with Perpetual Trustees will provide the opportunity to realise improved development of the restaurant precinct in the southern section of the Hornsby Mall, delivering benefits to all stakeholders. 

Perpetual Trustees is providing a substantial investment by contributing the capital costs and maintenance of the three cabanas adjacent to the Shores Restaurant.  At the end of the two consecutive Roads Act consents, Perpetual Trustees has an obligation to “make good” the Areas. 

Council will receive an income stream over the term of the 10 year Roads Act consents that will be used to fund ongoing Mall operations.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Manager, Land and Property Services – Peter Thompson, who can be contacted on 9847 6669.

 

 

 

 

Stephen Fedorow

Group Manager

Environment and Human Services Division

 

 

Glen Magus

Acting Deputy General Manager

Corporate Support Division

 

 

Attachments:

1.View

Plan of Cabanas in the Hornsby Mall

 

 

 

 

File Reference:           F2015/00053

Document Number:    D06382058

 


 

Deputy General Manager's Report No. CS41/15

Corporate Support Division

Date of Meeting: 14/10/2015

 

3        INVESTMENTS AND BORROWINGS FOR 2015/16 - STATUS FOR PERIOD ENDING 31 AUGUST 2015   

 

 

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 and 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 2015 as well as the extent of its borrowings at the end of the same period.

·              All of the 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 cash and term deposit investments, the annualised return for the month of August 2015 was 3.03% compared to the benchmark of 2.00%. 

·              In respect of Council borrowings, the weighted average interest rate payable on loans taken out from June 2006 to August 2015, based on the principal balances outstanding, is 6.14%.

 

RECOMMENDATION

THAT the contents of Deputy General Manager’s Report No. CS41/15 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; to provide details as required by Clause 212(1) of the Local Government (General) Regulation and Council's Investment of Surplus Funds Policy; and to advise on the extent of Council’s current borrowings.

BACKGROUND

A report is required to be submitted for Council’s consideration each month detailing Council's investments and borrowings and highlighting 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 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 2015 is detailed in the attached document.  In summary; the At-Call and Term Deposits achieved an annualised return of 3.03% for August 2015, compared to the benchmark of 2.00%.

In respect of Council borrowings, the weighted average interest rate payable on outstanding loans taken out from June 2006 to August 2015, based on the principal balances outstanding, was 6.14%.  The Borrowings Schedule as at 31 August 2015 is also attached for Council’s information.

CONSULTATION

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

BUDGET

Budgeted investment income for 2015/16 is $2,418,000, with an average budgeted monthly income of $201,000.  Investment income for the period ended 31 August was $466,000 compared to the budget income of $402,000.  Approximately 45% of the investment income received by Council relates to externally restricted funds (e.g. Section 94 monies) and is required to be allocated to those funds.  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.

CONCLUSION

The investment of Council funds and the extent of its borrowings as at 31 August 2015 are 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 Acting Chief Financial Officer – Duncan Chell, who can be contacted on 9847 6822.

 

 

 

 

 

 

Duncan Chell

Acting Chief Financial Officer - Financial Services

Corporate Support Division

 

 

 

 

Glen Magus

Acting Deputy General Manager

Corporate Support Division

 

 

Attachments:

1.View

HSC Investment Holdings - August 2015

 

 

2.View

HSC Borrowings Schedule - August 2015

 

 

 

 

File Reference:           F2004/06987-02

Document Number:    D06578060

 


 

Deputy General Manager's Report No. CS33/15

Corporate Support Division

Date of Meeting: 14/10/2015

 

4        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 2015.

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 or November 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 8 July 2015 (see Deputy General Manager’s Report No. CS24/15).  Since that time, three additional Returns have been lodged with the General Manager and are now tabled as required by the Act.

Date Lodged

Councillor/Designated Person (Position)

Reason for Lodgement

14/9/2015

Town Planner

New Staff

15/9/2015

Strategic Planner

New Staff

21/9/2015

Town Planner

New Staff

 

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 12 November 2014.

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 2015.  The page contains general information and simple instructions concerning the annual disclosure process together with links to the Pecuniary Interest Declaration form and the Office of Local Government’s Self Help Guide.

During July 2015, advice was sent to Designated Persons and Councillors alerting them to Council’s intranet page and the necessity for them to complete a form.  Councillors were emailed directly with a Pecuniary Interest Declaration form and the link to the Office of Local Government’s Self Help Guide.  During August and September several additional reminders have been issued to all Designated Persons advising of the time frame for completing their Returns.  At the time of writing this Report, two Disclosure of Pecuniary Interest and Other Matters Returns remain outstanding.  The Governance and Customer Service Branch will continue to take appropriate steps to follow up the outstanding Returns and will keep the General Manager informed of the status of all Returns.

Apart from those outstanding Returns mentioned above, all Pecuniary Interest and Other Matters 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 Governance and Administration Coordinator.

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 – Robyn Abicair, who can be contacted on 9847 6608.

 

 

 

Robyn Abicair

Manager - Governance and Customer Service

Corporate Support Division

 

 

GLEN MAGUS

Acting Deputy General Manager

Corporate Support Division

 

 

 

Attachments:

There are no attachments for this report.

 

File Reference:           F2015/00174

Document Number:    D06375627

  


 

Group Manager's Report No. EH24/15

Environment and Human Services Division

Date of Meeting: 14/10/2015

 

5        INTENTION TO PURCHASE BIODIVERSITY CREDITS - NORTHCONNEX   

 

 

EXECUTIVE SUMMARY

·              Council has received a letter of intent from the Lend Lease Bouygues Joint Venture who are building the NorthConnex Project seeking to purchase biobanking credits. Under a biobanking agreement, any credits generated at the sites would be sold to achieve conservation goals and offset the impacts of the NorthConnex project.

·              The identified credits being sought by the NorthConnex project include Blue Gum and Turpentine Ironbark vegetation at three of Council’s reserves, namely Waitara Creek, Tim Brownscombe Reserve and Arcadia Park Bushland Reserve.

·              It is noted that in June 2014 Council resolved to investigate these reserves as potential biobank sites and this was registered as an expression of interest on the Office of Environment and Heritage website. 

·              Specific ecological investigations are required as part of the biobanking process and have been completed at Waitara Creek.  In order to progress biobanking agreements at Tim Brownscombe Reserve and Arcadia Park Bushland Reserve, similar ecological investigations will need to be undertaken.

·              Council is aware of separate interest from potential buyers seeking to purchase biobanking credits associated with another infrastructure project and an urban land release.  These credits could be achieved at other Council bushland reserves that Council has previously resolved (October 2013) to consider for biobanking purposes.  The reserves in question include Galston Park, Furber Park, Wisemans Ferry Lookout and Neverfail Bay.  To progress these sites, specific ecological investigations would need to occur at each of these reserves.

·              Proceeds arising from the sale of Biobank credits would be paid into a Trust fund established under the management of TCorp NSW.  The investment proceeds would provide an annual funding stream for the Council to undertake agreed management actions on the selected bushland reserves.

 

RECOMMENDATION

THAT:

1.         Council investigate and advertise the potential Biobank sites, as shown in Attachments 2-8 of Group Manager’s Report No. EH 24/15.

2.         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 approval to undertake investigations and submit biobanking applications with a view to selling biodiversity credits to Lend Lease Bouygues Joint Venture to meet the offset requirements for the NorthConnex Project.  The proposed biobank sites are part of Arcadia Park, Tim Brownscombe Reserve and part of Waitara Creek.

BACKGROUND

Since October 2013 Council has considered a number of reports relating to Biobanking and has entered into two Biobanking Agreements.  It has also expressed interest in investigating and advertising other potential Biobank sites.

At the 11 June 2014 General Meeting, Council considered Group Manager’s Report No. EH10/14 and resolved that:

1.         Council investigate and advertise the potential Biobank sites, as shown in Attachments 1-3 of Group Manager’s Report No. EH10/14, associated with the ‘Linking Landscapes’ grant, the North West Rail Link and Epping to Thornleigh Third Track project.

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

The reserves shown in Attachments 1-3 of Group Manager’s Report No. EH10/14 included Waitara Creek Bushland, (at that time being considered as part of the Linking Landscapes Grant), Tim Brownscombe Reserve, Galston and the bushland area of Arcadia Park, (at that time being considered as part of projects associated with the North West Rail Link and Epping to Thornleigh Third Track).  Investigation of these reserves with a view to registering them as Biobank sites is now being considered.

Other reserves considered as potentially suitable for biobanking at the 16 October 2013 General Meeting are outlined in Attachments 1, 4, 5, 6 of Group Manager’s Report No. EH17/13 and include Galston Park, Furber Park, Neverfail Bay and Wisemans Ferry Lookout.  Potential interest recently received from parties interested in purchasing credits from these sites is outlined below.

DISCUSSION

Potential Biobank Sites – NorthConnex

Council has received a letter of intent from Lend Lease Bouygues Joint Venture seeking to purchase suitable biodiversity credits generated from three potential biobank sites at part of Arcadia Park, Tim Brownscombe Reserve and part of Waitara Creek, to meet the offset requirements for the NorthConnex Project, (see Attachment 1).

Waitara Creek

Council previously received a grant under the NSW Office of Environment and Heritage’s ‘Linking Landscapes’ program to enable the investigation of Biobank sites across a network of Council bushland reserves in creek lines between Westleigh and Hornsby.  The reserves included Florence Cotton Reserve, Waitara Creek Bushland, Larool Creek Bushland and Dog Pound Creek.  The investigations led to the creation of a Biobank site on part of the land.  However, the larger part of Waitara Creek was omitted from the final boundary due to the limited funding available under the grant.

It is now proposed that the remaining area of Waitara Creek be investigated and finalised with a view to creating a Biobank site, as identified in Attachment 2.

Tim Brownscombe Reserve and Part of Arcadia Park

Representatives from Transport for NSW also previously approached Council to explore the potential for Council to provide additional Biobanking sites for the North West Rail Link and the Epping to Thornleigh Third Track.  The sites included Tim Brownscombe Reserve, Galston and the bushland area of Arcadia Park, but were not progressed as part of those projects.  It is now proposed that advertising of the proposals occur and investigations proceed.  These reserves are identified in Attachments 3 and 4.

Other Interest

Council has received additional interest from potential buyers associated with an infrastructure project and an urban land release.  They are seeking to potentially purchase credits that would be created should other bushland reserves be registered as biobank sites.  These include Galston Park, Furber Park, Wisemans Ferry Lookout and Neverfail Bay that have previously been considered by Council as potentially suitable for biobank sites but investigations have not yet occurred. 

These reserves were considered as potentially suitable for biobanking at the 16 October 2013 General Meeting, (Attachments 1 and 4-6 of Group Manager’s Report No. EH17/13), and include Galston Park, Furber Park, Neverfail Bay and Wisemans Ferry Lookout.  At this meeting Council resolved to investigate and advertise them, but these did not proceed in the short term due to a lack of immediate interest.  Council has recently received potential interest from parties interested in purchasing credits from these sites.  It would be timely for these sites to be advertised and investigated

Investigations

Should Council approve of these investigations, an assessment of the flora and fauna would be undertaken and management action plans prepared where the costs of management of the land in perpetuity would be calculated.  These costs would inform the price of any credits generated should any of the reserves become registered Biobanking sites.

In addition, the proposals would also be advertised for a period of 28 days 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.  This has already occurred at Waitara Creek.

CONSULTATION

There has been consultation with representatives of Lend Lease Bouygues Joint Venture working on the NorthConnex Project and the Office of Environment and Heritage in the preparation of this report.

BUDGET

The costs associated with undertaking investigations and development of the management action plans for Waitara Creek and Arcadia Park/ Tim Brownscombe Reserve would be borne Lend Lease Bouygues Joint Venture.

Should the Biobank proposal be finalised and credits generated sold to Lend Lease Bouygues Joint Venture this would result in Trust funds being established with the investment proceeds providing ongoing funding to manage the reserves’ bushland values.

In respect of the other sites canvassed (Galston Park, Furber Park, Wisemans Ferry Lookout and Neverfail Bay), in the first instance Council would seek to gain a commitment from the interested parties to fund the investigation costs.  Alternatively, these works could be initially funded by Council and recouped through apportioning costs to the setup of the biobanking agreement and subsequent sale of credits.  Initial costs are estimated to be $50,000 and if required can be funded via a restricted account.

POLICY

The proposal is consistent with Council’s Biodiversity Conservation Strategy and complements its Green Offsets Policy.  Should the proposal proceed, Tim Brownscombe Reserve, the bushland part of Arcadia Park, Galston Park, Furber Park, Wisemans Ferry Lookout and Neverfail Bay 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

Council has recently received a number of approaches from parties seeking biodiversity credits, including from the Lend Lease Bouygues Joint Venture who have provided a letter of intent seeking to purchase suitable biodiversity credits generated from three potential Biobank sites at part of Arcadia Park, Tim Brownscombe Reserve and part of Waitara Creek, to meet the offset requirements for the NorthConnex Project.

Biobanking proposals 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 investigate the potential Biobank sites outlined in Group Manager’s Report No. EH24/15.

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

Attachment 1 - Letter of Intent - NorthConnex - Biodiversity Credit Offset Requirements

 

 

2.View

Attachment 2 - Waitara Creek

 

 

3.View

Attachment 3 - Part of Arcadia Park

 

 

4.View

Attachment 4 - Tim Brownscombe Reserve

 

 

5.View

Attachment 5 - Galston Park Bushland

 

 

6.View

Attachment 6 - Furber Park Bushland

 

 

7.View

Attachment 7 - Neverfail Bay

 

 

8.View

Attachment 8 - Wisemans Ferry Lookout

 

 

 

 

File Reference:           F2015/00150

Document Number:    D06581876

  


 

Group Manager’s Report No. PL79/15

Planning Division

Date of Meeting: 14/10/2015

 

6        DEVELOPMENT APPLICATION - FIVE STOREY RESIDENTIAL FLAT BUILDING COMPRISING 35 UNITS - 522 AND 524 PACIFIC HIGHWAY, MOUNT COLAH   

 

 

EXECUTIVE SUMMARY

DA No:

DA/525/2015 (Lodged 13 May 2015)   

Description:

Demolition of existing structures and erection of a five storey residential flat building comprising 35 units with basement car parking

Property:

Lot 2A and 2B DP 372656, Lot 1 DP 125254 and Lot 1 Sec A DP 2052, Nos. 522 and 524 Pacific Highway, Mount Colah

Applicant:

MacKenzie Architects International

Owner:

Nowt Pty Ltd, Mrs Wanling Xiahou, Ms Yuyan Peng

Estimated Value:

$8,795,000

Ward:

A

·              The application involves demolition of existing structures and the erection of a five storey residential flat building comprising 35 units with basement car parking.

·              The proposal generally complies with the Hornsby Local Environmental Plan 2013, State Environmental Planning Policy No. 65 – Design Quality Residential Flat Development, Residential Flat Design Code and the Hornsby Development Control Plan 2013.

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

·              It is recommended that the application be approved as a deferred commencement requiring submission of a Geotechnical report, structural drawings and survey plans to the satisfaction of RailCorp.

 

RECOMMENDATION

THAT Development Application No. DA/525/2015 for demolition of existing structures and the erection of a five storey residential flat building comprising 35 units with basement car parking at Lot 2A and 2B DP 372656, Lot 1 DP 125254 and Lot 1 Sec A DP 2052, Nos. 522 and 524 Pacific Highway, Mount Colah 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. PL79/15.

 


BACKGROUND

The subject land was rezoned from Residential A (Low Density) to R4 (High Density Residential) on 2 September 2011 as part of Council’s Housing Strategy.

On 28 April 2015, a pre-lodgement meeting was held between Council officers and the applicant to discuss the design, prior to lodgement of the application.  At the meeting, concerns were raised by Council regarding the proposed design response to the irregular shape of the site, solar access, and floor plate dimensions. The subject application was lodged on 13 May 2015 and sought to address the issues raised by Council officers.

SITE

The site comprises four allotments, Nos. 522 and 524 Pacific Highway. The site is a triangular shaped corner allotment with a 46m frontage to the Pacific Highway, 33.8m frontage to Yirra Road and a total site area of 1900 square metres.  The site is located on the eastern side of the Pacific Highway at its intersection with the Yirra Road railway bridge. A landscaped nature strip, being part of the Yirra Road reserve, adjoins the southern corner of the subject site.

The site experiences a minor fall from the north-western corner (Pacific Highway) to the south-eastern corner (Yirra Road) of the site with an average grade of 2.3%. The site also falls away from the Pacific Highway frontage to the north-eastern corner adjoining the rail-corridor with an average grade of 2.2%. The southern boundary of the site is located at-least 2m below the level of the adjoining railway bridge. The site contains two dwelling-houses with associated outbuildings and landscaping and a number of exotic, native and locally indigenous trees.

The site is located within walking distance of Mount Colah Train Station, which is approximately 670 metres north of the site. Bus stops with regular services to Hornsby are located along the Pacific Highway in close proximity to the site.

The site forms part of a redevelopment precinct which is zoned for five storey development. The following development applications, relating to properties in the near vicinity of the site, have been approved or, are under assessment:

·              DA/708/2014 for construction of three five storey residential flat buildings comprising 73 units with basement car parking at Nos. 530-532 Pacific Highway and Nos. 2-4 Werombi Road was approved by Council on 12 August 2015.

·              DA/571/2015 for construction of a five storey residential flat buildings comprising 50 units with 2 levels of basement car parking at Nos. 526-528 Pacific Highway (adjoining the site to the north) is currently under assessment.

PROPOSAL

The proposal involves the demolition of existing structures and construction of a five storey residential flat building plus mezzanine comprising 35 units with 2 levels of basement car parking.

The unit mix would comprise 11 x 1 bedroom, 18 x 2 bedroom and 6 x 3 bedroom units.  The units would be accessed via a lift centrally located in the building and would include balconies fronting the street, rear and side property boundaries.

The development would be accessed from the Pacific Highway via a driveway located along the northern boundary of the site. A separate pedestrian entry centrally located at the front of the property would provide access to all levels of the building via a landscaped pathway.  A total of 41 car parking spaces, including 5 visitors’ parking spaces, bicycle and motorbike parking spaces are proposed in two basement levels.

ASSESSMENT

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

A Plan for Growing Sydney has been prepared by the NSW State Government to guide land use planning decisions for the next 20 years.  The Plan sets a strategy for accommodating Sydney’s future population growth and identifies the need to deliver 689,000 new jobs and 664,000 new homes by 2031.  The Plan identifies that the most suitable areas for new housing are in locations close to jobs, public transport, community facilities and services.

The NSW Government will use the subregional planning process to define objectives and set goals for job creation, housing supply and choice in each subregion.  Hornsby Shire has been grouped with Hunters Hill, Ku-ring-gai, Lane Cove, Manly, Mosman, North Sydney, Pittwater, Ryde, Warringah and Willoughby to form the North Subregion.  The Draft North Subregional Strategy will be reviewed and the Government will set housing targets and monitor supply to ensure planning controls are in place to stimulate housing development.

The proposed development would be consistent with ‘A Plan for Growing Sydney’, by providing 33 additional 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 Local Environmental Plan 2013

The proposed development has been assessed having regard to the provisions of the Hornsby Local Environmental Plan 2013 (HLEP).

2.1.1     Zoning of Land and Permissibility

The subject land is zoned R4 (High Density Residential) zone under the Hornsby Local Environmental Plan 2013 (HLEP).  The objectives of the zone are:

(a)        To provide for the housing needs of the community within a high density residential environment.

(b)        To provide a variety of housing types within a high density residential environment.

(c)        To enable other land uses that provide facilities or services to meet the day to day needs of residents.

The development proposed is a high density residential development and complies with the zone objectives.  The proposed development is defined as a “Residential flat building” under the HLEP and is permissible in the zone with Council’s consent.

2.1.2     Height of Buildings

Clause 4.3 of the HLEP provides that the height of a building on any land should not 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.

2.1.3     Heritage Conservation

Clause 5.10 of the HLEP sets out heritage conservation provisions for Hornsby Shire.  The site does not include a heritage item and is not located in a heritage conservation area.  The site is located in close proximity to No. 534 Pacific Highway, Mount Colah, listed as an item of local heritage significance (item 580) pursuant to Schedule 5 (Environmental Heritage) of the HLEP. The site is sufficiently separated from this item by existing developments and proposed future five storey buildings. Accordingly, no further assessment in this regard is necessary.

2.1.4     Earthworks

Clause 6.2 of the HLEP states that consent is required for proposed earthworks on site.  Before granting consent for earthworks, Council is required to assess the impacts of the works on adjoining properties, drainage patterns and soil stability of the locality. The site adjoins residential properties to the north of the site and the rail corridor to the east. The proposal was referred to RailCorp who requested construction details to demonstrate that the excavation works required for the development would not adversely impact on RailCorp infrastructure. In response, the applicant has submitted a preliminary Geotechnical Investigation Report for the site that recommends further inspections during construction works. RailCorp has agreed to apply a deferred commencement condition requiring the submission of a final Geotechnical Report based on actual borehole testing complying with the above recommendation.

The proposal is satisfactory subject to conditions regarding submission of a dilapidation report assessing the impact of the excavation on the adjoining property to the north.

2.2        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. Further assessment in this regard is not warranted.

2.3        State Environmental Planning Policy (Building Sustainability Index – BASIX)

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.

2.4        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 the social and economic welfare of the locality and would result in the orderly and economic use of under-utilised land within the Shire.

2.5        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 and railways. The development is located immediately adjacent to a rail corridor and has a frontage to a classified road corridor (Pacific Highway). The following matters are required to be considered pursuant to the SEPP.

2.5.1     Excavation Adjacent to Rail Corridors

Clause 86 of SEPP Infrastructure applies to the development as the proposal involves the penetration of ground to a depth of at least 2 metres within 25 metres of a rail corridor. The application was referred to RailCorp for concurrence in accordance with the provisions of this clause. RailCorp agreed to grant concurrence subject to a deferred commencement condition requiring the submission of the final structural drawings, geotechnical report, ground movement details and detailed survey plans.

Subject to the fulfilment of this condition, the proposal is acceptable with respect to this clause.

2.5.2     Development with Frontage to a Classified Road

The proposal has been assessed against the requirements of Clause 101 as the site has frontages to the Pacific Highway and Yirra Road.

The objective of this Clause is:

(a)        to ensure that new development does not compromise the effective and ongoing operation and function of classified roads, and

(b)        to prevent or reduce the potential impact of traffic noise and vehicle emission on development adjacent to classified roads.

The compliance of the proposal with the objectives of this Clause is discussed below.

2.5.2.1  Frontage to Classified Road

The site has frontages to two state roads, the Pacific Highway and Yirra Road. A Traffic and Parking Impact Assessment submitted with the proposal has estimated the traffic generation of the existing site and proposed development using RMS traffic generation rates.  The net traffic generation is estimated to be 9 vehicle trips per hour in the AM and PM peak hours, which is negligible when compared with the traffic volumes on the adjacent road network.

In the vicinity of the development site, the Pacific Highway has two travel lanes per direction.  In terms of carriageway capacity, this equates to 3,800 vehicles per hour.  Based on the observed traffic flows, the estimated V/C ratio or Volume to Capacity Ratio (the degree of congestion) of the Pacific Highway has been established to be less than 0.50 which is less than 50% of nominal capacity.

RMS has reviewed the proposal having regard to its impact on the Pacific Highway and Yirra Road and raises no objections subject to conditions of consent. It is considered that the proposed development would not have any adverse impact on the safety, efficient and ongoing operation of the two roads.

2.5.2.2  Impact of Vehicle Emission

The proposed development would have frontages to two State Roads and the impact of vehicle emission on the development is required to be considered.

The current improvements on the site include dwelling houses that are impacted upon by vehicle emission and airborne dust particles due to the current traffic flow. The rezoning of the land to R4 High Density Residential pursuant to Council’s Housing Strategy has been the subject of consultation with the RMS and endorsed by the Department of Planning, who have not raised concern with regard to air quality in this area. The proposed development includes setbacks, landscaping, deep soil zones generally in accordance with the requirements of the HDCP which would ameliorate the impacts of noise and emissions. The proposed development would result in the net increase of 9 vehicles during peak hours and therefore, the additional impact due to vehicle emission would be negligible.

Given that the proposed development does not significantly alter the current traffic conditions, no further assessment in this regard is necessary.

As such, the design of the development responds to the site context, being in the vicinity of two busy roads and is designed in accordance with the recommendations with the document “Development Near Rail Corridors and Busy Roads – Interim Guidelines 2008”. This includes setbacks, landscaping and deep soil zones that would ameliorate the impacts of noise and emission related impacts.

The application is assessed as satisfactory in this regard.

2.5.3     Impact of Noise

Assessment of the impact of road noise on a residential use is required pursuant to Clause 102 of SEPP Infrastructure where a development fronts a road with an annual average daily traffic volume of more than 40,000 vehicles. The subject site has frontage to Pacific Highway. However, the average daily traffic volume on the Pacific Highway in the vicinity of the site does not exceed 40,000 vehicles and therefore, this clause does not apply to the proposal. Notwithstanding, the Noise and Vibration Assessment submitted with the application demonstrates that the development is capable of achieving reasonable amenity and acoustic privacy.

2.5.4     Traffic Generating Developments

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 are raised by RMS with regard to traffic generation.

2.6        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.

2.6.1     State Environmental Planning Policy No. 65 – Design Quality of Residential Flat Development Amendment 3

SEPP 65 was amended on 19 June 2015 following review of the policy by the Department of Planning and Environment. The amendments replace the Residential Flat Design Guidelines with the Apartment Design Guide which prevails in the event of any inconsistency with a Development Control Plan.

Clause 31 (Transitional provisions for SEPP 65 – Amendment No. 3) states that “If a development application or an application for the modification of a development consent has been made before the notification on the NSW legislation website of the making of State Environmental Planning Policy No 65—Design Quality of Residential Flat Development (Amendment No 3) and the application has not been finally determined before the commencement of that amendment, the application must be determined as if the amendment had not commenced.”

Pursuant to the above provision, this amendment would not apply to the subject application and the previous version (Amendment 2) of the SEPP is required to be considered.

2.6.2     Design Principles

The applicant has submitted a “Design Verification Statement” prepared by a qualified Architect 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 in the following table.

Principle

Compliance

1.         CONTEXT

Yes

Comment: The site is located within a precinct planned for five storey residential flat buildings in close proximity to Mount Colah Railway Station. The proposal responds to the desired future character of the precinct as envisaged by Council for residential flat buildings in landscaped settings with underground car parking.

Once the development of the precinct is completed, the proposal would integrate with the surrounding sites and would be in keeping with the future urban form.  The proposed building would contribute to the identity and future character of the precinct.

2.         SCALE

Yes

Comment: The scale of the development is in accordance with the height control and setbacks for the precinct prescribed within the HDCP. The building footprint follows the irregular shape of the site whilst proposing two distinct pavilions and appropriately responds to the site constraints. The development achieves a scale consistent with the desired outcome for well-articulated buildings that are set back to incorporate landscaping, open space and separation between buildings.

3.         BUILT FORM

Yes

Comment: The proposed building achieves an appropriate built form for the site and its purpose, in terms of building alignments, proportions, and the manipulation of building elements.  The building would appropriately contribute to the character of the desired future streetscape and include articulation to minimise the perceived scale.

The proposed materials and finishes would add to the visual interest of the development. Flat roof forms have been adopted with an increased top storey setback on the external facades to minimise the perceived bulk and height of the building as required by the HDCP

4.         DENSITY

Yes

Comment: The HLEP does not incorporate floor space ratio requirements for the site. The density of the development is governed by the height of the building and the required setbacks.  The proposed density is considered to be sustainable as it responds to the regional context, availability of infrastructure, public transport, community facilities and environmental quality and is acceptable in terms of density.

5.         RESOURCE, ENERGY AND WATER EFFICIENCY

Yes

Comment: 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 would achieve efficient use of natural resources, energy and water throughout its full life cycle, including demolition and construction.

6.         LANDSCAPE

Yes

Comment: The application includes a landscape concept plan which provides landscaping along the street frontages, side and rear boundaries.

Large trees are proposed along the street frontages intercepted by shrubs and hedges which would soften the appearance of the development when viewed from the streets.  Deep soil areas that incorporate canopy trees are provided around the building envelope that would enhance the development’s natural environmental performance and provide an appropriate landscaped setting. 

7.         AMENITY

Yes

Comment: The proposed units are designed with appropriate room dimensions and layout to maximise amenity for future residents.  The proposal incorporates good design in terms of achieving natural ventilation, solar access and acoustic privacy.  All units incorporate balconies accessible from living areas and privacy has been achieved through appropriate design and orientation of balconies and living areas. Storage areas have been provided within each unit and in the basement levels. The proposal would provide convenient and safe access via a central lift connecting the basement and all other levels.

8.         SAFETY AND SECURITY

Yes

Comment: The design orientates the balconies and windows of individual apartments towards the street, rear and side boundaries, providing passive surveillance of the public domain and communal open space areas.  Both the pedestrian and vehicular entry points are secured and visibly prominent from the Pacific Highway. 

The proposal includes an assessment of the development against crime prevention controls in the Statement of Environmental Effects (SEE).  The SEE has regard to Crime Prevention Through Environmental Design Principles (CPTED) and includes details of surveillance, access control, territorial reinforcement and space management such as artificial lighting in public places; attractive landscaping whilst maintaining clear sight lines; security coded door lock or swipe card entry; physical or symbolic barriers to attract, channel or restrict the movement of people; security controlled access to basement car park; intercom access for pedestrians; and security cameras located at the entrance of the building.  Appropriate conditions of consent are recommended to require compliance with the above matters.

9.         SOCIAL DIMENSIONS AND HOUSING AFFORDABILITY

Yes

Comment: The proposal incorporates a range of unit sizes to cater for different budgets and housing needs.  The development complies with the housing choice requirements of the HDCP by providing a component of adaptable housing and a mix of 1, 2 and 3 bedroom dwellings. The proposal responds to the social context in terms of providing a range of dwelling sizes with good access to social facilities and services as the site is located in close proximity to Mount Colah Railway Station and shops. 

10.        AESTHETICS

Yes

Comment: The architectural treatment of the building incorporates indentations and projections in the exterior walls with balcony projections to articulate the facades. The roof is flat to minimise building height and incorporates eaves which would cast shadows across the top storey wall.  The articulation of the building, composition of building elements, textures, materials and colours would achieve a built form generally consistent with the design principles contained within the Residential Flat Design Code and the HDCP

2.7        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

30%

25%

Yes

Communal Open Space

25%

25-30%

Yes

Ground Level Private Open Space 

25m2

 

Min Dimension 2m – 4m      

25m2

 

Min Dimension 4m

Yes

 

No

Minimum Dwelling Size

1 br – 63m2 -67m2

2 br – 73m2 -81m2

3 br – 95m2 -105m2

1 br – 50m2

2 br – 70m2

3 br – 95m2

Yes

Yes

Yes

Maximum Kitchen Distance

8m

 

8m

Yes

Minimum Balcony Depth

2.5m

2m

Yes

Minimum Ceiling Height

2.8m

2.7m

Yes

Total Storage Area

1 bed - 6m3 (Min)

2 bed - 8m3 (Min)

3 bed - 10m3 (Min)

 

50% accessible from the apartments

1 bed - 6m3 (Min)

2 bed - 8m3 (Min)

3 bed - 10m3 (Min)

 

50% accessible from the apartments

Yes

Dual Aspect and Cross Ventilation

65.7%

60%

Yes

Adaptable Housing

30%

10%

Yes

As detailed in the above table, the proposed development generally complies with the prescriptive measures within the Residential Flat Design Code (RFDC) other than the minimum dimension of courtyards of ground floor apartments. Below is a brief discussion regarding the relevant development controls and best practice guidelines.

2.7.1     Ground Floor Apartments and Private Open Space

The proposal does not comply with the Code’s best practice for the 4 metre minimum width dimension to the ground level private open space of Unit 6.  The non-compliance is in response to the requirement of the HDCP for a 7m common landscaped area fronting the Pacific Highway providing a landscape setting for the development. The proposed ground floor terraces and balconies are considered appropriate for the respective ground floor units in respect to dwelling size, aspect, unit configuration and amenity. 

The numerical non-compliance is considered minor and is acceptable.

2.7.2     Apartment Layout

The proposed development includes a mix of single aspect, corner and cross-over units including one, two and three bedroom apartments. The majority of units would be well ventilated and some corner units would be provided with dual aspect balconies.  The RFDC requires that not more than 10% of apartments be south facing single aspect units. The proposal complies with this requirement.

As stated in the table, the development includes a varied range of unit sizes.  Approximately 80% of the units would comply with the internal areas and unit configurations recommended by the RFDC guidelines.  The balance of the units meets the requirements of the Code for affordable housing unit sizes.

With consent conditions, the apartment layouts of the amended proposal are functional and satisfy the RFDC objectives 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 are acceptable in this regard.

2.7.3     Internal Circulation

The proposed development includes access to all floors via a lift.  The internal corridors meet the Code’s requirements for the number of units accessed (up to 8) and design for amenity.  The ground floor foyer would also provide direct, level access to communal open space at the southern side of the site.

The proposal complies with the requirements of the RFDC with regard to internal circulation.

2.7.4     Acoustic Privacy

The internal layout of the residential units is designed such that noise generating areas would adjoin each other wherever possible.  Storage or circulation zones would act as a buffer between units.  Bedroom and service areas such as kitchens, bathrooms and laundries would be grouped together wherever possible.  The proposal is consistent with the RFDC for acoustic privacy.

2.7.5     Storage

The proposed building includes resident storage areas for the apartments, accessed from a hall or living room.  In addition, storage cages are provided in the basement for each unit.  A condition is recommended to ensure that each dwelling within the development must have a minimum area for storage of 6m³ for one bedroom units, 8m³ for two bedroom units and 10m³ for three bedroom units, where at least 50% is required to be located within the apartment and provided in addition to bedroom and kitchen cupboards.

In summary, the proposed residential flat buildings have been designed in accordance with the design principles of SEPP 65 and generally comply in respect to the Residential Flat Design Code. It is considered the proposal would achieve good residential amenity and contribute to the desired future character of the precinct.

2.8        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 and stormwater management to protect water quality, the proposal would comply with the requirements of the Policy.

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

Clause 74BA of the Environmental Planning and Assessment Act, 1979 states that a DCP provision will have no effect if it prevents or unreasonably restricts development that is otherwise permitted and complies with the development standards 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; facilitate development that is permissible under any such instrument; and achieve the objectives of land zones.  The provisions contained in a DCP are not statutory requirements and are for guidance purposes only.  Consent authorities have flexibility to consider innovative solutions when assessing development proposals, to assist achieve good planning outcomes.

2.10      Hornsby Development Control Plan 2013

The proposed development has been assessed having regard to the relevant desired outcomes and prescriptive requirements within the Hornsby Development Control Plan 2013 (HDCP).  The following table sets out the proposal’s compliance with the prescriptive requirements of the Plan:

Hornsby Development Control Plan 2013

Control

Proposal

Requirement

Compliance

Site Width

46m – Pacific Highway

33.8m – Yirra Road

30m

Yes

Height

5 storeys including mezzanine – 17.5m

5 storeys – 17.5m

Yes

Maximum Floorplate Dimension

35m – 43m (N/S)

20m – 27m ( E/W)

35m

35m

No

Yes

Building Indentation

4m x 4m

4m x 4m

Yes

Height of Basement Above Ground

1m

1m (max)

Yes

Front Setback

Pacific Highway

 

 

 

Yirra Road

 

 

 

10m

8m (for 9m) < 1/3 frontage

7m (balconies)

 

8m – 9m

8m (entire building)

 

No balconies

 

10m

8m (for 11.5m) < 1/3 frontage

7m (balconies)

 

10m

8m (for 5.3m) < 1/3 frontage

7m (balconies)

 

 

Yes

Yes

 

Yes

 

No

No

 

N/A

Rail Corridor (Side)

 

6m

4m (for 13m) < 1/3 frontage

6m (balconies)

 

6m

4m (for 14m) < 1/3 frontage

6m (balconies)

 

Yes

Yes

 

Yes

Side Setback (North)

 

6m

4m (for 8m) < 1/3 frontage

6m (balconies)

 

6m

4m (for 9m) < 1/3 frontage

6m (balconies)

 

Yes

Yes

 

Yes

Top Storey Setback from Ground Floor

3m

3m

Yes

Underground Parking Setback

7m- Pacific Highway

8m- Yirra Road

2m- side (North)

4m- Rail corridor

7m-front

7m-Yirra Road

4m-side (North)

4m-side (east)

Yes

Yes

No

Yes

Basement Ramp Setback

2m

2m

Yes

Deep Soil Landscaped Areas

7m-Pacific Highway and Yirra Road

     4 m- rail corridor

2m-North

7m-front and rear

4m sides

Yes

Yes

Yes

No

Private Open Space with min width 2.5m

1br units >10m2

2 br units >12m2

3 br units >16m2

1br units 10m2

2 br units 12m2

3 br units 16m2

Yes

 

Communal Open Space with Minimum Dimensions 4m

50m2 (min)

25%

50m2 (min)

25%

Yes

 

Parking

36 resident spaces

5 visitor spaces

7 bicycle racks

4 visitor bicycle racks

1 motorbike space

36 resident spaces

5 visitor spaces

7 bicycle racks

4 visitor bicycle racks

1 Motorbike space

Yes

Yes

Yes

Yes

Yes

Solar Access 2 hours between 9am – 3pm

Solar Access 2 hours between 8am – 4pm

45%

 

80%

70%

 

N/A

No

Housing Choice

1br –  units – 31%

2br –  units – 52%

3br –  units – 17%

10% of each type (min)

Yes

Adaptable Units

31%

30%

Yes

As detailed in the above table, the proposed development does not comply with a number of prescriptive requirements within the HDCP.  The matters of non-compliance are detailed below, as well as a brief discussion on compliance with relevant desired outcomes.

2.10.1   Desired Future Character

The site is included in the Pacific Highway, Mount Colah precinct which was rezoned from Residential A (Low Density) to R4 (High Density Residential) as part of Council’s Housing Strategy.

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

2.10.2   Site Requirements

The HDCP requires sites to have a minimum frontage of 30 metres. The subject site complies with this requirement.  The development would not result in isolation of any site.

2.10.3   Setbacks

As noted in the table above, the proposal generally complies with most of the building setback controls. The eastern boundary of the site is along the rail corridor. The front setback requirements have been applied to the Pacific Highway and Yirra Road frontages and side setback requirements have been applied to the other boundaries including the eastern boundary.  The compliance of the proposal with the setback prescriptive measures within the HDCP is discussed below.

East Side Setback

The setback encroachment to the east is satisfactory for the following reasons:

·              The site is irregular in shape and a corner allotment. Accordingly. The front setback controls have been applied to the two street frontages. Accordingly, treating the rail corridor as the side setback is appropriate as applying the 8 – 10m control on the eastern boundary would further compromise the built form and result in underutilisation of the subject site.

·              A minimum setback of 6m to the rail corridor (east), reduced to 4m for a maximum 1/3 of the building width has been consistently applied to the following development applications on the adjoining properties:

o     DA/629/2014 and DA/708/2014 (approved by Council with a setback varying between 4m and 6m);

o     DA/571/2015 (currently under assessment on the northern side of the site);

·              The proposed setbacks would have no adverse impact on the privacy or amenity of adjoining properties as the site adjoins the rail corridor;

·              Generous landscaping with canopy trees intercepted by shrubs and hedges is proposed along the eastern boundary to screen the development; and

·              Given the substantial scale of all the developments along the western side of the rail corridor, this setback encroachment would be imperceptible from the public domain, being the residences within the R2 zone on the eastern side of Belmont Parade (opposite side of the rail corridor). Therefore, the proposed setback would not set an undesirable precedent for the locality.

Two of the courtyards to Unit 4 and 5 would encroach within the rear setback. This is considered acceptable as the site does not adjoin a residential development the east rear and the sections within the 6m setback have been landscaped with planters and shrubs. Consequently, the encroachment would not be perceptible from the public domain.

The proposal complies with the intent of the prescriptive measures which is to provide for landscaping, open space and separation between buildings.

Yirra Road Setback

The building is setback 8m from the Yirra Road railway bridge frontage which does not comply with the prescriptive control of the HDCP (8 – 10m setback). The building façade facing south does not have balcony projections or indentations to articulate the built form. The setback non-compliance is considered acceptable for the following reasons:

·              The site is not a typical corner allotment with two prominent street frontages. The railway bridge on the southern side is located at a higher level than the site (up to 2m). Therefore, the southern façade of the building would not be prominently visible from the public domain.

·              The setback, as perceived from the public domain, would be about 17m due to the wide triangular landscaped reserve at the corner of the railway bridge and the Pacific Highway. This reserve includes a large canopy tree providing an existing landscaped setting for the development.

·              The building length is only 20m and therefore, opportunities for articulation are less, when compared to the permissible 35m long building facades. Given the irregular shape of the site at this corner, the additional setback and articulation of the built form on the southern side would not achieve a superior outcome for the site.

·              Being the southern side of the development, provision of balconies would not provide any additional amenity to the future occupants. Further, due to its proximity to the railway bridge, location of living area openings and balconies on this facade, even at the upper levels, would compromise the amenity of the future occupants.

·              Notwithstanding, an indent and a corner balcony is proposed, which reasonably articulate the façade and provide a presentable appearance on the southern side.

The application is assessed as satisfactory with regard to the setbacks on the southern side.

Top Storey Setbacks

The HDCP requires 5 storey residential flat buildings to incorporate a 3m additional setback for the top storey on all elevations. The majority of the development complies with the top storey setback requirement except a section fronting the Pacific Highway that accommodates the garbage chute.

The non-compliance with the top storey setback relates to a minor section of the building when compared to the overall scale of the development. This section of the building has a setback of 15m from the frontage. Notwithstanding the non-compliances, the building appears as two pavilions, accentuated by the roof form. As the facade provides a 4m x 4m indentation, a balanced juxtaposition of horizontal and vertical blade elements, interesting fenestration and wrap around balconies, the overall built-form is considered to be well articulated.

2.10.4   Built Form and Separation

Built form is discussed below in terms of separation, floor-plates and articulation.

Building Separation

The RFDC and HDCP require a building separation of 12m between unscreened habitable areas or balconies increasing to 18m from the fifth level, for two residential buildings on adjoining sites. Accordingly, all proposed developments are required to provide half of the building separation, as setbacks from boundaries. Further, a 9m separation between buildings on the same site is allowed, where no unscreened habitable areas facing each other.

The northern facade of the building would potentially adjoin a five storey development in the future. The development complies with the building separation requirements along this boundary by proposing a minimum boundary setback of 6m for balconies and unscreened habitable areas up to the fourth level. Highlight windows and screens have been added to the habitable rooms with a 4m setback from the relevant boundaries.

Two bedrooms within Unit 33 and the living room for 34 (located at the topmost level) would have a setback of 7m from the northern boundary in lieu of the required 9m setback at this level.  To address this, privacy louvers have been added to the bedrooms within Unit 33 and are considered acceptable. A condition of consent recommends that similar louvers be added to the living room windows to Unit 34, to alleviate overlooking opportunities.

A ground level courtyard for Unit 3, located at the ground level, would have a setback of 4m from the northern boundary. Planter boxes have been proposed along the northern elevation of this courtyard to alleviate any overlooking opportunities due to the encroachment of the private open space area within 6m of the side boundary.

Given the above, the proposal is acceptable with regard to building separation.

Floor-Plates

The proposed building would have a maximum floor-plate of 35m fronting the Pacific Highway and 20m – 27m floor plates fronting Yirra Road and the northern boundaries. The floor plate dimensions comply with the HDCP.  However, the floor plate fronting the railway corridor would have a dimension of 43m which exceeds the requirements of the HDCP. The non-compliance is acceptable for the following reasons:

·              The site is irregular in shape and therefore the building envelope does not strictly comply with the HDCP prescriptive measures. The site has a frontage of 57m to the railway corridor which is substantially longer than other sites that accommodate a compliant building envelope with a 35m floor plate dimension.

·              The building envelope follows the shape of the site and proposes appropriate setbacks on the northern and southern sides. Reduction of the building length on the eastern side would compromise development on this site, which is already constrained due to the triangular shape and the narrow depth.

·              To reduce the visual impact, the façade is highly articulated by further stepping the   4m x 4m indent to a width of 6m. The façade at the northern end is recessed to be setback 9m from the boundary.

·              The building has been significantly indented along this elevation by projecting balconies, wall offsets and corner windows.

·              The façade design achieves the pavilion effect and is considered a reasonable design outcome for the site.

Once the precinct is redeveloped and the adjoining buildings on the northern side are constructed, the non-compliance would be minor compared to the overall scale of the development and would not be perceived from the public domain (Belmont Parade). Accordingly, the non-compliance is accepted.

Articulation

The articulation of the building facades has been achieved in the following ways:

·              The facades have been divided into vertical ‘panels’.

·              The inclusion of wrap around balconies, vertical and horizontal blade elements, stepped levels of the building, flat roof and large proportion of openings at the topmost storey.

·              The building would incorporate a varied use of finishes including facebrick, acrylic render paint finishes, metal cladding, timber louvers and a dark toned colour palette with lightweight balconies.

The design of the floor-plate, the proposed indentations and the articulation of the facades has been addressed as satisfactory.

2.10.5   Landscaping

The landscaping provisions of the HDCP prescribe that a 7m wide landscaped area is to be provided at the front and a 4m wide landscaped area provided along the side boundaries. The design of the basement generally achieves the prescribed setbacks along the two street frontages and the rail corridor. However, it is noted that the driveway ramp would encroach within the 4m side setback on the northern boundary. Therefore, the width of the deep soil landscaped area along this boundary is 2m along the entire building length.

The non-compliance has resulted due to the location of the driveway and the required length of the ramp for a compliant truck access to the basement. Whilst the northern boundary is the highest point of the site, this is the only possible location, suitable for vehicular access. Accordingly, the reduction in the deep soil zone along this boundary is accepted.

The submitted landscape plan proposes medium to large sized native trees and shrubs to provide privacy and screen and peripheral landscaping along the northern boundary. The building is setback 4m – 6m at this location to achieve appropriate building separation.

2.10.6   Open Space

The proposed private open space areas generally comply with the prescriptive area requirements, include a range of layouts with access off living areas and would provide for a range of outdoor activities.  All units comply with the minimum open space areas prescribed by the HDCP.

The proposed communal open space area, located at the south-eastern corner of the site, complies with the prescriptive area requirements of the HDCP and is assessed as satisfactory.

2.10.7   Privacy and Security

The proposed development is appropriately designed for privacy with all of the units having an external outlook. The northern, boundary of the site adjoins land capable of being redeveloped in the future for a five-storey building. The proposal is generally consistent with the separation requirements of the HDCP with conditions requiring screens where appropriate.  As a result, the development would not compromise the privacy of future occupants or adjoining neighbours.

In terms of security, the proposal comprises identity safe, clear and direct pedestrian entrances from the Pacific Highway. Passive surveillance is achieved by the orientation of private open space and living room windows of units being oriented to the street and side boundaries.

2.10.8   Sunlight and Ventilation

HDCP requires that at least 70% of dwellings should receive 2 or more hours of sunlight to the living room windows and private open space. In this regard, the applicant has submitted solar access diagrams and a Solar Access and Cross Ventilation Report prepared by Steve King Consultant, demonstrating solar access for individual units.  The report concludes the following in this regard:

·              The western boundary fronting the Pacific Highway is truly the south-west. As a result, on June 21, even two hours of direct sun to any glazing on that elevation is difficult or impossible to achieve before 3pm.

·              Similarly, the eastern boundary fronting the railway line is biased towards the south-east. Therefore, to achieve two hours of direct sun to glazing in that elevation, it is necessary to include solar access before 9am.

·              Based on the above, sunlight after 3pm has been taken into account for the apartments facing west and sunlight before 9am has been taken into account for apartments facing the east.

·              Based on the sunlight access between 8am and 4pm, 28 out of 35 units constituting 80% of the yield, would receive 2 hours of direct sunlight to the living and private open space areas.

Council’s assessment notes that 45% (16/35 units) would receive 2 hours of unobstructed solar access to the living room windows and private open space between 9am and 3pm during the Winter Solstice, which does not comply with the HDCP requirements. However, an additional 12 units (28/35), constituting 80% of the dwellings, would achieve 2 hours of direct solar access between 8am until 4pm. In this regard, the applicant’s justification is considered acceptable for the following reasons:

·              The relationship of True North to the side boundaries is such that two hours of unobstructed solar access is not available to the eastern and western elevations of the proposed building.

·              The site adjoins the rail corridor to the east. Therefore, the eastern elevation would receive unobstructed solar access from 8am with no overshadowing impacts.

·              Similarly, the western elevation would receive unobstructed solar access up to 4pm with no overshadowing impacts due to adjoining developments.

·              Council has accepted sunlight access to units between 8am and 4pm at Nos. 530 – 532 Pacific Highway, Mount Colah on the northern side of the site (DA/708/2014) due to similar site constraints.

Taking the extended hours into account, the proposal is considered acceptable with regard to solar access to the units. The proposal complies with the requirement for at least 60% of dwellings to have dual aspect and natural cross ventilation.

2.10.9   Housing Choice

As stated in the above table, the proposed development includes a mix of one, two and three bedroom units including adaptable units complying with the prescriptive measures of the HDCP.

2.10.10 Vehicular Access and Parking

The proposed basement car park is over two levels and is accessed via a 10m wide driveway from the Pacific Highway. The proposal was referred to RMS for comments who requested separate entry and exit to the site, given the location of the driveway and the proximity to the railway bridge. In response, the applicant has amended the plans by widening the driveway at the entrance to be 10m with a median separating the entry and exit to the site. RMS has reviewed the proposal in this regard and raised no objections to the amended driveway design.

Parking provision within the basement levels is in accordance with the minimum number of car spaces prescribed by the HDCP. The basement level includes storage areas for residents, bicycle/motor cycle parking areas, visitors; parking spaces, garbage truck loading bay and four accessible car spaces.

Subject to recommended conditions, the proposal is considered satisfactory in respect to the HDCP requirements for vehicle access and parking.

2.10.11 Waste Management

The proposal includes a waste management plan with details of waste management during the demolition phase and the construction phase of building works.  The site will require 3 x 660 litre garbage bins serviced two times per week, 8 x 240 litre recycling bins serviced weekly and 1 x 660 litre paper/cardboard bin.

An accessible garbage room with a chute and a recycling bin has been proposed at each residential level. A garbage room is proposed at the upper basement level below the chute. The garbage room includes a volume handling equipment being 5 x 250 litres bin carousel (equivalent of 2 x 660 litres). The required bulky waste storage area has not been delineated. Accordingly, a condition of consent recommends the provision of a bulky waste storage area (8 sqm) in a suitable location within the basement.

The waste collection vehicle (being a Small Rigid Vehicle) would enter the site in a forward direction, park in the loading bay at the basement level beside the garbage room, turn and egress the site in a forward direction. The vehicle turning paths for SRV access have been assessed as satisfactory.

Subject to conditions of consent, the proposed development is assessed as satisfactory with regard to on-going waste management operations on site and service vehicle access.

2.10.12 Pacific Highway, Mount Colah Precinct

The strategy for redevelopment of this precinct is to incorporate five storey residential flat buildings in garden settings with parking in basements.  The development responds appropriate to the site constraints and would provide for a landscaped setting and a built form that is consistent with the desired outcome for the Pacific Highway, Mount Colah precinct. 

2.11      Section 94 Contributions Plans

Hornsby Shire Council Section 94 Contributions Plan 2012-2021 applies to the development as it would result in an additional 33 residential dwellings in lieu of the 2 existing residences.  Accordingly, the requirement for a monetary Section 94 contribution is recommended as a condition of consent.

3.         ENVIRONMENTAL IMPACTS

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

3.1        Natural Environment

3.1.1     Tree and Vegetation Preservation

The subject site and adjoining land contains exotic, native (exempt species) and protected locally occurring tree species. The proposed development does not include the removal of any significant trees. An Aboricultural Assessment and Impact Report prepared by Advanced Treescape Consulting was submitted with the application, which confirms 18 trees would be removed from the site out of which 8 trees are exotic species. The existing large Jacaranda tree within the road reserve at the corner and a tree within the adjoining northern property would be retained.

A landscape plan has been submitted with the application that includes replacement planting with a range of locally native plant species with a mix of small, medium and large canopy trees (31 in total), shrub layers and ground covers.  Further, screen planting with 20 medium sized plants is proposed along the northern boundary.  Screen planting is proposed along the eastern boundary fronting the railway corridor. The south eastern corner of the site is landscaped with dense screening, canopy trees and shrub layers acting as a buffer between the communal open space and the railway corridor.  Subject to conditions requiring the on-going maintenance of the landscaped areas, the development would achieve a landscape setting and would be acceptable with respect to the natural environment.

3.1.2     Stormwater Management

The development would connect to the existing drainage system located on the Pacific Highway via an onsite detention tank located on the southern side to control the discharge of water from the site. 

The stormwater concept plan incorporates a water quality treatment system by proposing 4 x stormwater filter cartridges within the detention tank. The details of the system and the associated MUSIC model, prepared by an accredited person, have been submitted and assessed as satisfactory by Council, subject to the implementation of recommended conditions of consent.

3.2        Built Environment

3.2.1     Built Form

The building would be located within a precinct identified with a future character of five storey residential flat buildings in a garden 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

The site has frontages to two state roads, the Pacific Highway and Yirra Road. The impact of the traffic generated due to this proposal, on the local road network has been discussed in Section 2.5.2 of this report. The application is assessed as satisfactory in this regard.

Council has undertaken an assessment of the overall traffic impact of the redeveloped precinct on the locality.  Council’s traffic assessment notes that if all sites in the precinct are redeveloped for future housing, the existing traffic management facilities provided at the intersections of the Pacific Highway with Cowan Road and Werombi Road will require replacement with an alternative traffic management solution.  Any works to the Pacific Highway to improve the intersections would be required to be reported to the Local Traffic Committee for approval and inclusion in Council’s Section 94 Contributions Plan.

3.3        Social Impacts

The residential development would improve housing choice in the locality by providing a range of house hold types.  This is consistent with Council’s Housing Strategy which identifies the need to provide a mix of housing options to meet future demographic needs in Hornsby Shire.

The location of the development is in close proximity to the Mount Colah Railway Station allowing direct access to commercial centres, recreational, health and education 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 low density residential development in the locality by generating an increase in demand for local services.

4.         SITE SUITABILITY

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

The subject site has not been identified as bushfire prone 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 29/05/2015 and 28/06/2015 in accordance with the Notification and Exhibition requirements of the HDCP.  During this period, Council received two 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

 

ONE SUBMISSION WITH NO ADDRESS

The submissions object to the development, generally on the grounds that the development would result in:

·              Development that is excessive in bulk and scale and out of character with the low density area;

·              Unacceptable noise pollution and traffic congestion; and

·              Unacceptable visual impacts on the neighbourhood.

The submissions also made the following observations:

·              The development would result in accumulation of garbage along the frontage of the site;

·              Mount Colah does not have adequate infrastructure to cater for this development;

·              The development would result in additional traffic congestion, should evacuation be required due to bushfire;

·              The demolition of the old houses would result in adverse impacts due to asbestos;

·              The proposal includes balconies fronting the side boundaries rather than proposing wrap-around balconies at the corners;

·              The parking for the development is not provided in accordance with 1 space per dwelling with 100 sqm floor space and 2 spaces for larger dwellings;

·              The proposal provides access from the Pacific Highway which is contradictory to the HDCP requiring access from local roads; and

·              Storage cages for individual units have not been provided in the basement.

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

5.1.1     Garbage Collection

The development proposed that garbage be collected from the basement. Therefore, no bins would be stored across the frontage of the site.

5.1.2     Noise Pollution

The proposal is not a noise generating development. Therefore, it would not result in additional noise pollution in the area. Construction noise would be mitigated via conditions of consent.

5.1.3     Inadequate Infrastructure

Concerns are raised that existing infrastructure is inadequate to cater for an increased population.  In particular, the traffic assessment did not consider the impact of the additional units when there was an emergency/ closure on the M1 and traffic was rerouted to the Pacific Highway.  In addition, concerns were raised that additional units would increase on-street parking and traffic congestion. 

The suitability of the locality for high density residential development was considered by Council and the Department of Planning during the rezoning of the precinct.  Weight must be given to the applicable zoning of the land in the resolution of a dispute as to the appropriate development of any site.

The volume of on-site parking provided is in accordance with the HDCP and meets the demand of future residents plus visitors.

Conditions of consent require the applicant to demonstrate that the satisfactory arrangements have been made with Telstra and Ausgrid to service the proposed development. A Certificate from Sydney Water is also required to be provided demonstrating the development has been connected to the exiting sewer infrastructure in the locality.

5.1.4     Development Inconsistent with the Existing Character of the Area

Concerns are raised that the development’s built form is not consistent with the existing village character of the area.  The Land and Environment Court planning principle regarding the “assessment of height and bulk” as described in Veloshin v Randwick Council [2007] NSWLEC 428 advises that the appropriateness of a proposal’s height and bulk is most usefully assessed against planning controls related to these attributes, such as maximum height, floor space ratio, site coverage and setbacks.  The planning controls for the five storey precinct are aimed at creating a new character for the precinct.  Therefore, the planning principle requires that the development be consistent with the bulk and character intended by the planning controls.  As previously discussed, the development is consistent with the desired future character for the precinct identified in the HDCP.

5.1.5     Parking

Concerns are raised that the on-site parking has not been provided in accordance with 1 space/100 sqm of dwelling space. However, this parking rate is applicable to low density dwelling houses only. As discussed in this report, the proposed parking provisions comply with the requirements for a high density residential development prescribed in the HDCP.

5.1.6     Corner Balconies

The proposed building includes corner balconies and feature windows wherever possible. The application is assessed as satisfactory in this regard.

5.1.7     Asbestos Removal

Conditions of consent regarding demolition ensure that appropriate removal of asbestos is undertaken (if present) during the demolition of the existing buildings.

5.2        Public Agencies

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

5.2.1     RailCorp

The application was referred to RailCorp pursuant to the provisions of SEPP Infrastructure as the development involves excavation of land adjacent to a railway corridor. RailCorp raised no objections subject to the recommendation of a deferred commencement condition requiring the submission of the following information:

·              Detailed Geotechnical Report and Structural Drawings;

·              Detailed Survey Plans; and

·              Detailed cross-sectional drawings showing relationship of the land and the railway infrastructure.

Additionally RailCorp has also recommended conditions requiring awning windows, louvers, enclosed balconies, window restrictors etc. within 20m of rail corridor to restrict throwing of objects; submission of an electrolysis report and aerial craneage details.

5.2.2     Roads and Maritime Services

The proposal was referred to the Roads and Maritime Services for comments pursuant to the provisions of Section 138 of the Roads Act 1993. No objections were raised subject to 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 construction of a five storey residential flat building comprising 35 units and basement car parking.

The proposed development is generally in accordance with the development controls for the ‘Pacific Highway, Mount Colah’ Precinct of the HDCP and would contribute to the future desired five storey residential character of the precinct. The proposal complies with the design principles of SEPP 65 and the Residential Flat Design Code.

The proposal would result in a development that would be in keeping with the desired future character of the precinct.  Approval of the application as a deferred commencement 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.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Manager – Development Assessments – Rodney Pickles, who can be contacted on 9847 6731.

 

 

 

 

Rod Pickles

Manager - Development Assessment

Planning Division

 

 

James Farrington

Group Manager

Planning Division

 

 

Attachments:

1.View

Locality Plan

 

 

2.View

Site Plan

 

 

3.View

Floor Plans

 

 

4.View

Elevations and Sections

 

 

5.View

Shadow Plans

 

 

6.View

Photomontage

 

 

 

 

File Reference:           DA/525/2015

Document Number:    D06638767

 


SCHEDULE 1

GENERAL CONDITIONS

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

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

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

1.         Deferred Commencement

Pursuant to Section 80(3) of the Environmental Planning and Assessment Act 1979, this consent does not operate until the applicant satisfies the Council that it has obtained approval/certification from Sydney Trains as to the following matters:

a)         Final Geotechnical and Structural report/drawings:  The Geotechnical Report must be based on actual borehole testing conducting on the site closest to the rail corridor, and in accordance with (but limited to) the recommendations detailed in the Preliminary Geotechnical Report prepared by Martens Consulting Engineers (Ref: P1504245JR01V02) dated May 2015.  The Final Structural drawings/report shall also include wall design calculations based on the detailed geotechnical report, a footing layout plan showing type of footing, founding depths, socket lengths and founding materials.

b)         Final Construction methodology with construction details pertaining to structural support during excavation. 

c)         Final cross sectional drawings showing ground surface, rail tracks, sub soil profile, proposed basement excavation and structural design of sub ground support adjacent to the Rail Corridor and adjacent road bridge.  All measurements are to be verified by a Registered Surveyor.

d)         Detailed Survey Plan showing the relationship of the proposed developed with respect to Sydney Trains land and infrastructure and adjacent road bridge.

e)         A derailment risk assessment study in accordance with Australian Standard AS5100 and Asset Standards Authority standard T HR CI 12080 ST.

f)          Following the review of the Geotechnical and Structural documentation, a numerical analysis is to be submitted (if required) which assesses the potential movements of the shoring walls based on the proposed excavation methodology and bracing systems to ensure the predicted displacements will not pose adverse impact on the surrounding rail infrastructure and adjacent road bridge.  This analysis is to confirm and also demonstrate the movements of the proposed shoring walls and basement excavation would not have significant impacts on the adjacent railway tracks and adjacent road bridge.

g)         Detailed stormwater drainage details regarding any run-off into the rail corridor, especially run-off that by-passes the on-site detention system.  In order to avoid the overflow of stormwater into the rail corridor, the rear wall shall be raised to a height nominated by the Sydney Trains Rail Corridor Management Group coordinator.

h)         Due to the presence of Sydney Trains high voltage power lines adjacent to the subject site, documentation detailing the following items is to be submitted:

i)          Blow-out design and calculations;

ii)          Compliance with AS 7000;

iii)         Compliance with ISSC 20, Guideline for the management of activities within Electrical Easements and Close to electrical Infrastructure;

iv)         Compliance with SMS-06-GD-0268 – Working around electrical equipment;

v)         Compliance with relevant Transport for NSW Asset Standards Authority standards/guidelines; and

vi)         Construction management plan detailing as to the unloading of building material and equipment and method of construction in close proximity to power lines.

Note: Should it be deemed by Sydney Trains that the proposal cannot be constructed safely and in compliance with the items in listed in Condition 1(h) above the applicant will be required to amend the development proposal.

Such information shall be submitted within 24 months of the date of this notice.

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

2.         Approved Plans and Supporting Documentation

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

Plan No.

Plan Title

Drawn by

Dated

A000 C

Cover Sheet

Mackenzie Architects International

31/08/2015

A100 B

Basement 01 and 02

Mackenzie Architects International

14/08/2015

A101 B

Plan - Ground and First

Mackenzie Architects International

14/08/2015

A102 B

Plan – Second and Third

Mackenzie Architects International

14/08/2015

A103 C

Plan – Penthouse and Mezzanines

Mackenzie Architects International

31/08/2015

A300 C

Elevations West and North

Mackenzie Architects International

31/08/2015

A301 C

Elevations East and South

Mackenzie Architects International

31/08/2015

A200 C

Sections 01,02,03

Mackenzie Architects International

31/08/2015

D00 Rev B

Cover sheet, legends

Australian Consulting Engineers

29/07/2015

D01 – D02 Rev C

Basement 1 and 2 Stormwater Drainage Plan

Australian Consulting Engineers

29/07/2015

D03 Rev C

Ground Floor Stormwater Drainage Plan

Australian Consulting Engineers

29/07/2015

D10 C, D11 B and D12 A

Stormwater Drainage Details Sheets 1 – 3

Australian Consulting Engineers

29/07/2015

E20 A

Erosion and Sediment Control Plan

Australian Consulting Engineers

05/05/2015

LPDA 15 – 404/1 B

Landscape Plan

Conzept Architects

7/05/2015

LPDA 15—404/2 A

Landscape Details

Conzept Architects

7/05/2015

 

Document Title

Prepared by

Dated

Survey Plan

SDG

21/07/2015

DA400-A Site analysis

Mackenzie Architects International

12/05/2015

Preliminary Geotechnical Assessment

Martens and Associates

May 2015

Construction Methodology drawings S900-901

HKMA Engineers

21/07/2015

Fire Safety Schedule

-

Received on 23/04/2015

DA500 A Shadow Diagrams

Mackenzie Architects International

25/05/2015

Traffic and Parking Assessment Report

Terrafic Pty Ltd

7/05/2015

Acoustic Noise and Vibration Report

Acoustic Noise and Vibration Solutions Pty Ltd

6/05/2015

Arboricultural Impact Report

Advanced Treescape Consulting

1/05/2015

Waste Management Plan

Mackenzie Architects International

8/05/20105

Statement of Compliance Access for People with a Disability Issue B

Accessible Building Solutions

26/05/2015

SEPP 65 Amenity Compliance Report

Steve King

3/05/2015

Statement of Environmental Effects

Think Planners

13/05/2015

Design Verification Statement

Mackenzie Architects International

8/05/2015

BASIX Certificate 626539M

Greenview Consulting Pty Ltd

07/05/2015

ABSA Certificate 16450070

Dean Gorman

07/05/2015

A 401-A Schedule of Materials and Finishes

Mackenzie Architects International

12/05/2015

Photomontage – Sheets 1 - 3

Mackenzie Architects International

Received on 12/05/2015

Blow Out Design and Calcs

Samana Blue Engineering

Received on 10/08/2015

Construction Management Plans

C1 – C6 A

Acor Consultants

06/08/2015

Stormwater Quality Report

Australian Consulting Engineers

July 2015

Access Report

Obvious Access Consulting

17/08/2015

3.         Removal of Existing Trees

This development consent permits the removal of trees numbered T1-T17 and T20 as identified on plan number LPDA 15 – 404/1 B Landscape Plan prepared by Conzept Architects, dated 7/05/2015. 

The removal of any other trees requires separate approval in accordance with the Tree and Vegetation Chapter 1B.6 Hornsby Development Control Plan (HDCP).

4.         Amendment of Plans

a)         The approved plan LPDA 15 – 404/1 B Landscape Plan prepared by Conzept Architects, dated 7/05/2015 are to be amended to include the approved ground floor layout in A 101B listed in Condition 2 of this development consent.

b)         The approved ground floor layout in A 101B must be amended to include the planter boxes on the northern elevation, as delineated in LPDA 15 – 404/1 B Landscape Plan prepared by Conzept Architects, dated 7/05/2015.

c)         A bulky waste storage area, 8 sqm in area, must be included in the basement level.

d)         The approved plan “A 103 Rev C Plan – Penthouse and Mezzanines” dated 31/08/2015 must be amended to include vertical privacy louvers for the north facing living room to Unit 34. The louver should be similar to the approved louver for Unit 33.

5.         Construction Certificate

a)         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.

b)         The Construction Certificate plans must not be inconsistent with the Development Consent plans.

6.         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

$ 15,981.60

Open Space and Recreation

$ 409,855.30

Community Facilities

$ 57,125.85

Plan Preparation and Administration

$ 1,698.75

TOTAL

$ 484,661.50

being for 11 x 1 bedroom, 18 x 2 bedroom and 6 x 3 bedroom units with a credit of 2 lots.

b)         The value of this contribution is current as at 16/09/2015. If the contributions are not paid within the financial quarter that this condition was generated, 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 applicable in this Development Consent Condition.

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.

7.         Project Arborist

A Project Arborist (AQF5 qualified) is to be appointed in accordance with AS 4970-2009 (1.4.4) to oversee installation of trunk protection measures, monitor the integrity of the tree protection methods, record any modifications or alterations to the tree protection zone fencing for the duration of the construction period and provide all required certification throughout the development process. The details of the appointed Arborist are to be provided to Council and the PCA prior to the issue of the construction certificate.

REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

8.         Building Code of Australia

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

9.         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.

10.        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.

11.        Noise

The development must be carried out in accordance with the recommendations contained within the Acoustic Noise and Vibration Report prepared by Acoustic Noise and Vibration Solutions Pty Ltd dated 6/05/2015 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).

12.        Utility Services

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

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

b)         Telstra – a letter of consent demonstrating that satisfactory arrangements have been made to service the proposed development.

13.        Dilapidation Report

A ‘Dilapidation Report’ is to be prepared by a ‘chartered structural engineer’ detailing the structural condition of the adjoining northern property at No. 526 Pacific Highway Mount Colah.

14.        Adaptable Units/Letter Boxes/Acoustics

The following details must be provided with the Construction Certificate plans.

a)         The development is required to provide 11 units designed as adaptable housing pursuant to the requirements of 1C.2.2 of the Hornsby Development Control Plan 2013.  In this regard, four (4) car parking spaces are to be designed for people with a disability and allocated to 4 accessible units. 

b)         The waste facility provided at each residential level must be accessible by persons with a disability.

c)         The letter boxes must be located as shown on the approved LPDA 15 – 404/1 B Landscape Plan prepared by Conzept Architects, dated 7/05/2015.

d)         The recommendations within the Acoustic Noise and Vibration Report prepared by Acoustic Noise and Vibration Solutions Pty Ltd dated 6/05/2015 must be incorporated.

15.        Storage

Each dwelling within the development must have a minimum area for storage (not including kitchen and bedroom cupboards) for 6m3 for one bedroom units, 8m3 for two bedroom units and 10m3 for three bedroom units, where 50% is required to be located within the apartment and accessible from either the hall or living area. Details must be submitted with the Construction Certificate plans.

16.        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. The Traffic Management Plan shall be submitted and approved by Council’s Manager Traffic and Road Safety prior to the issue of a construction certificate. 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.

The Traffic Control Plan shall be submitted to Council for approval prior to the issue of the Construction Certificate.

17.        Construction Management Plan

A Construction Management Plan (CMP), prepared by a suitably qualified consultant, must be submitted for approval by Council. The CMP must be include, but not be limited, details of the following:

a)         During excavation works, rock removal must be undertaken by sawing instead of rock hammering, wherever practicable;

b)         All construction vehicles associated with the proposed development are to be contained on site as no construction zones will be permitted on Pacific Highway in the vicinity of the site.

c)         The construction works must be undertaken in accordance with the “Interim Construction Noise Guidelines – 2009” published by DECCW and achieve compliance with the relevant noise levels; and

d)         The delivery times and vehicular movements related to demolition, excavation and construction works must be restricted to the construction hours only.

18.        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;

b)         The driveway must be a rigid pavement;

19.        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.

20.        Stormwater Drainage

The stormwater drainage system for the development must be designed for an average recurrence interval of 20 years and be gravity drained via an onsite detention and water quality treatment systems in accordance with the following requirements:

a)         Connected to street drainage system; and

b)         Be designed by a Chartered Professional Civil/ Hydraulic Engineer of the Institution of Engineers, Australia.

21.        Stormwater Connection to Roads and Maritime Pit

a)         A separate approval is to be obtained from the Roads and Maritime Services (RMS) prior to connection to the stormwater pit on the Pacific Highway;

b)         Prior to the issue of an occupation permit, a compliance certificate must be obtained from RMS. 

22.        On Site Stormwater Detention

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

a)         Storage capacity to accommodate volume from up to 20 years ARI (average recurrence interval) storms and a maximum discharge (when full) limited to 5 years pre development rate;

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

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

d)         Include measures to achieve the water quality targets specified in Council’s Development Control Plan 2012 (table 1C.1.2(b) Urban Stormwater Quality Targets; and

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

23.        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 designed 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;

c)         Approval must be 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.

24.        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". 

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

25.        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.

26.        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.

27.        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.

28.        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 may be issued for any non-compliance with this requirement without any further notification or warning.

29.        Tree Protection Barriers

a)         All trees to be retained on the site must have trunk protection and tree protection zone fencing installed in accordance with the Australian Standard ‘Protection of Trees on Development Sites’ - AS 4970-2009.

b)         Tree protection zone fencing must be erected around trees 18 and 19 (located within the adjoining reserve and the adjoining northern property) in accordance with the recommendations of the Arboricultural Impact Report provided by Advance Treescape Consulting dated 1/05/2015.

c)         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.

d)         The tree protective fencing must not be removed or altered without the prior approval of the Project Arborist.

e)         To avoid injury or damage, trees numbered 18 and 19 must have their trunks protected by 2 metre lengths of 75mm x 25mm hardwood timbers spaced at 80mm and secured around the trunk with galvanised wire (not fixed or nailed to the tree).

f)          All Tree Protection Zones must have a layer of wood-chip mulch installed prior to works commencing and must be maintained throughout the period of construction at a depth of 150mm – 300mm using a material that complies with Australian Standard AS 4454.

g)         The Project Arborist (AQF5 qualified) must submit a certificate to the Principal Certifying Authority (PCA) confirming that all tree protection measures have been installed in accordance with this consent and  the specific requirements of Australian Standard ”Protection of Trees on Development Sites” (AS 4970-2009).

REQUIREMENTS DURING CONSTRUCTION

30.        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. No excavation or rock sawing/breaking is to occur on Saturdays.

31.        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.

32.        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.

33.        Asbestos and Soil Contamination

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

34.        Street Sweeping

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

The street cleaning services must undertake a street ‘scrub and dry’ method of service and not a dry sweeping service that may cause sediment tracking to spread or cause a dust nuisance.

35.        Works Near Trees

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

b)         All personnel (the applicant, contractors, service providers, principal certifying authority) involved with this development are to ensure that no excavation, including sub-surface trenching for stormwater or other services or the filling or stockpiling of building materials, parking of vehicles or plant, the use of machinery other than hand held, disposal of cement slurry, waste water or other contaminants is to occur within the Tree Root Zones as prescribed in the HDCP Section 1B.6.1(i) of any tree to be retained.

36.        Project Arborist

During the construction phase of the development the Project Arborist must regularly (monthly) assess the condition and the growing environment of tree Nos. 18 and 19 and make recommendations for, and if necessary carry out remedial action to ensure the health and vigour of the trees.

37.        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.

38.        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.

39.        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.

40.        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.

41.        Survey Report

A report(s) must be prepared by a registered surveyor and submitted to the principal certifying authority;

a)         Prior to the pouring of concrete at each level of the building certifying that:

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

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

b)         Confirming that the waste collection vehicle turning area complies with AS2890.1 – 2004 and AS20890.2 – 2002 for small rigid vehicles (SRV).

42.        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.

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.

43.        Fulfilment of BASIX Commitments

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

44.        Sydney Water – s73 Certificate

An s73 Certificate must be obtained from Sydney Water.

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.

45.        Stormwater Drainage and On-site Detention System

a)         The stormwater drainage works for the development must be constructed in accordance with Council’s Civil Works – Design and Construction Specification 2005 and the condition Nos. 20 and 21 of this development consent.

b)         The on-site detention system must be constructed in accordance with the submitted plans and the condition No. 22 of this development consent.

46.        Water Quality Treatment

a)         Stormwater discharging from the development site is to be treated to achieve the quality specified in Council’s Development Control Plan 2012 (table 1C.1.2(b) Urban Stormwater Quality Targets).

b)         A Chartered Civil/Hydraulic Engineer of the Institution of Engineers, Australia is to certify that all works related to stormwater quality targets have been completed in accordance with the approved plans, proposed measures and conditions of this development consent and the measures.

47.        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 to be designed in accordance with Condition 18 of this development consent;

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

c)         Residential parking spaces are to be secure spaces with access controlled by card or numeric pad;

d)         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.

e)         Eleven bicycle spaces (resident and visitor) are to be provided in the basement car park.  Bicycle parking spaces are to be designed in accordance with AS 2890.3-1993;

f)          One motorcycle parking spaces are to be provided within the basement car park, designed in accordance with AS 2890.5-1993;

g)         All parking for people with disabilities is to comply with AS/NZS 2890.6:2009 Off-street parking for people with disabilities; and

h)         SRV garbage Truck access to the site be provided in accordance with the approved plans.

i)          The location of the driveway must maintain sight lines for the pedestrians.

48.        Footpath

Concrete footpaths must be constructed along the full frontage of the subject site in Pacific Highway and Yirra Road in accordance Council’s Civil Works Design and Construction Specification 2005 and the following requirements:

a)         The land adjoining the footpath to be fully turfed.

b)         Any public utility adjustments, including the stormwater pit cover at the junction of Yirra Road and Pacific Highway is to be carried out at the cost of the applicant and to the requirements of the relevant public authority

c)         A construction Certificate is to be obtained from Council.

d)         All details must be submitted with the Construction Certificate Plans.

49.        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 and water quality treatment 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 and water quality treatment system is to be clearly indicated on the title.

b)         To register the positive covenant and the restriction on the use of land, “works-as-executed” details of the on-site-detention system and water quality system  must be submitted verifying that the required storage and discharge rates and water quality treatment measures 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 and details of water quality treatment measures.  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.

50.        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 with water quality measures, driveways and on-site detention system. 

51.        Damage to Council Assets

Any damage caused to Council’s assets as a result of the construction or demolition of the development must be rectified in accordance with Council’s Civil Works Specifications.  Council’s Restorations Supervision must be notified for a formwork inspection prior to pouring concrete.

52.        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.

53.        Waste Management

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, robust doors, sealed and impervious surface, adequate lighting and ventilation, and must be lockable. The waste facility rooms/cupboards 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)         A bulky waste storage area of at least 8m2 is to be identified and marked with paint and signage.

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

Note: Ramps between different levels are acceptable.

g)         Access to the automatic waste volume handling equipment by unauthorised persons (including residents and waste collectors) must be prevented.

Note: Caging of the automatic volume handling equipment is acceptable.

h)         Prior to an Occupation Certificate being issued or the use commencing, whichever is earlier, the Principal Certifying Authority must obtain Council’s approval of the waste and recycling management facilities provided in the development and ensure arrangements are in place for domestic waste collection by Council.

54.        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.

55.        Unit Numbering

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

56.        Safety and Security

This site must include the following elements:

a)         An intercom system must be installed at gate locations to ensure screening of persons entering the units.

b)         The entry doors to the pedestrian foyer is to be constructed of safety rated glass to enable residents a clear line of site before entering or exiting the residential apartments.

c)         Lighting is to be provided to pathways, building foyer entries, driveways and common external spaces.

d)         Security gate access is to be provided to the car parking areas allowing residents-only access to private car spaces.

e)         CCTV cameras must be installed at the entry and exit point and the around the mailbox.

f)          The communal open spaces within the site must be illuminated with high luminance by motion sensor lighting.

g)         The driveway and basement car parking must be illuminated with low luminance at all times.

h)         Security deadlocks are to be provided to each apartment door.

i)          Peep holes are to be provided to individual apartment doors to promote resident safety.

57.        Retaining Walls

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

58.        Unit Numbering

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

59.        Provision for National Broadband Network (NBN)

Provision must be made for fibre ready passive infrastructure (pits and pipes) generally in accordance with NBN Co.'s pit and pipe installation guidelines to service the proposed development. A certificate from NBN Co or the provider must be submitted to the PCA that the fibre optic cabling provided for the development complies with MDU Building Design Guides for Development.

60.        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 on the side and rear boundaries may be erected subject to the written consent of the adjoining property owner(s).

61.        Completion of Landscaping

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

a)         Tree plantings for must be located at least 4 metres or greater from the foundation walls of the building;

b)         The pot size of the replacement trees must be a minimum 25 litres;

c)         The replacement trees must be maintained until they reach the height of 3 metres; 

d)         All tree stock must meet the specifications outlined in ‘Specifying Trees’ (Ross Clark, NATSPEC Books);

e)         Planting methods must meet professional (best practice) industry standards; and

f)          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.

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.

62.        Installation of Privacy Devices

The louvres to Unit 33 and 34 must be installed prior to the issue of the Occupation Certificate.

63.        Final Certification – Tree Protection

Following the final inspection and the completion of any remedial works, the project Arborist must submit to the Principal Certifying Authority documentation stating that the completed works have been carried out in compliance with the approved plans and specifications for tree protection as above and AS 4970-2009.

64.        Final Certification Acoustic Consultant

A final certificate must be provided by the Acoustic Consultant stating that the recommended measures within the approved Acoustic Report have been complied with.

65.        Consolidation of Allotments

All allotments the subject of this consent must be consolidated into one allotment.

Note:  The applicant is recommended to submit the plan of subdivision to consolidate allotments to the NSW Department of Lands at least 4-6 weeks prior to seeking an occupation certificate.

66.        Certification of Preservation of Survey Infrastructure

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”.

OPERATIONAL CONDITIONS

67.        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).

68.        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 limited to watering, weeding, replacement of failed plant material and promoting the growth of plants through standard industry practices.

69.        Car Parking and Deliveries

All car parking must be 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 requirements:

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

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.

70.        Sight Lines

Minimum sight lines for pedestrian safety are to be provided at the driveway. Any proposed landscaping and/or fencing must not restrict sight distance to pedestrians and cyclists travelling along the footpath.

71.        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 collection points by waste removal services.

b)         Access to the automatic waste volume handling equipment by unauthorised persons (including residents and waste collectors) must be prevented.

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, managing the bulky item storage area, arranging the prompt removal of dumped rubbish, and ensuring cars do not park in the loading bay and that all residents are informed of the use of the waste management system.

d)         The approved on-going waste management practise for the site must not be amended without consent from Council.

72.        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.

CONDITIONS OF CONCURRENCE – SYDNEY TRAINS

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

73.        Operational Conditions

a)         Prior to the issuing of an Occupation Certificate the Applicant is to submit as-built drawings to Sydney Trains and Council.  The as-built drawings are to be endorsed by a Registered Surveyor confirming that there has been no encroachment into Sydney Trains property or easements, unless agreed to be these authorities.

The Principal Certifying Authority is not to issue the final Occupation Certificate until written confirmation has been received from Sydney Trains confirming that this condition has been satisfied.

b)         Prior to the issue of a Construction Certificate the Applicant must hold current public liability insurance cover for a sum to be determined by Sydney Trains.  This insurance shall not contain any exclusion in relation to works on or near the rail corridor, rail infrastructure.  The Applicant is to contact Sydney Trains Rail Corridor Management Group to obtain the level of insurance required for this particular proposal.

Prior to issuing the Construction Certificate the Principal Certifying Authority must witness written proof of this insurance in conjunction with Sydney Trains written advice to the Applicant on the level of insurance required.

c)         Prior to the issue of a Construction Certificate the Applicant is to contact Sydney Trains Rail Corridor Management Group to determine the need for the lodgement of a Bond or Bank Guarantee for the duration of the works.  The Bond/Bank Guarantee shall be for the sum determined by Sydney Trains.

Prior to issuing the Construction Certificate the Principal Certifying Authority must witness written advice from Sydney Trains confirming the lodgement of this Bond/Bank Guarantee.

d)         The Applicant is to obtain Sydney Trains endorsement prior to the installation of any hoarding or scaffolding facing the common boundary with the rail corridor.

e)         Unless advised by Sydney Trains in writing, all excavation, shoring and piling works within 25m of the rail corridor are to be supervised by a geotechnical engineer experienced with such excavation projects. 

f)          No rock anchors/bolts are to be installed into RailCorp's property. 

g)         Unless advised by Sydney Trains in writing, the effect of construction induced settlement due to groundwater drawdown (potentially leading to track settlement) is to be avoided at all times.

h)         The following items are to be submitted to Sydney Trains for review and endorsement prior to the issuing of a Construction Certificate:

i)          Machinery to be used during excavation/construction.

ii)          Track/vibration monitoring plan detailing the proposed method of track monitoring during excavation and construction phases.

iii)         Groundwater monitoring plan (if required).

iv)         If required by Sydney Trains, a rail safety plan, including instrumentation and the monitoring regime.

The Principal Certifying Authority is not to issue the Construction Certificate until it has received written confirmation from Sydney Trains that this condition has been complied with.

i)          No work is permitted within the rail corridor, or rail easements, at any time unless prior approval or an Agreement has been entered into with Sydney Trains.

j)          Drainage shall not be discharged within the rail corridor.

k)         There is a need to ensure that the roots and foliage of trees being planted beside the rail corridor do not have an impact on the rail corridor.  The development’s landscaping and planting plan should be submitted to Sydney Trains for review.

l)          Prior to the commencement of works appropriate fencing is to be in place along the rail corridor to prevent unauthorised access to the rail corridor during construction.  Details of the type of fencing and the method of erection of any new fencing are to be to Sydney Trains satisfaction prior to the fencing work being undertaken. 

m)        The development shall have appropriate fencing fit for the future usage of the development site to prevent unauthorised access to the rail corridor by future occupants of the development. 

n)         Prior to issuing of an Occupation Certificate the Applicant shall liaise with Sydney Trains regarding the adequacy of any existing fencing along the rail corridor boundary.  Details of the type of new fencing to be installed and the method of erection are to be to Sydney Train’s satisfaction prior to the fencing work being undertaken. 

o)         Sydney Trains or Transport for NSW (TfNSW), and persons authorised by those entities for the purpose of this condition, are entitled to inspect the site of the development and all structures to enable it to consider whether those structures have been or are being constructed and maintained in accordance with the approved plans and these conditions of consent, on giving reasonable notice to the principal contractor for the development or the owner or occupier of the part of the site to which access is sought.

p)         The Applicant must provide a plan of how future maintenance of the development   (including the wall on the boundary) along the rail corridor is to be undertaken.  The maintenance plan is to be submitted to Sydney Trains prior to the issuing of a Construction Certificate.  The Principal Certifying Authority is not to issue a Construction Certificate until written confirmation has been received from Sydney Trains advising that the maintenance plan has been prepared to its satisfaction.

q)         Prior to the commencement of works, prior to the issue of the Occupation Certificate, or at any time during the excavation and construction period deemed necessary by Sydney Trains, a joint inspection of the rail infrastructure and property in the vicinity of the project is to be carried out by representatives from Sydney Trains and the Applicant.  These dilapidation surveys will establish the extent of any existing damage and enable any deterioration during construction to be observed.  The submission of a detailed dilapidation report will be required unless otherwise notified by Sydney Trains.

r)          Prior to the commencement of works, the Applicant shall peg-out the common boundary with the rail corridor and/or rail easement to ensure that there is no encroachment. This work is to be undertaken by a registered surveyor.

s)         An acoustic assessment is to be submitted to Council prior to the issue of a construction certificate demonstrating how the proposed development will comply with the Department of Planning’s document titled “Development Near Rail Corridors and Busy Roads- Interim Guidelines”.

t)          Prior to the issue of a Construction Certificate the Applicant is to engage an Electrolysis Expert to prepare a report on the Electrolysis Risk to the development from stray currents.  The Applicant must incorporate in the development all the measures recommended in the report to control that risk.  A copy of the report is to be provided to the Principal Certifying Authority with the application for a Construction Certificate.

u)         Given the possible likelihood of objects being dropped or thrown onto the rail corridor from balconies, windows and other external features (e.g. roof terraces and external fire escapes) that are within 20m and face the rail corridor, the Applicant shall provide Sydney Trains for endorsement details of the measures to be installed (e.g. awning windows, louvres, enclosed balconies, window restrictors etc.) which prevent the throwing of objects onto the rail corridor.  These measures are to comply with Sydney Trains' requirements.  The Principal Certifying Authority is not to issue the Construction Certificate until it has confirmed that these measures are to be installed and have been indicated on the Construction Drawings.

v)         The design, installation and use of lights, signs and reflective materials, whether permanent or temporary, which are (or from which reflected light might be) visible from the rail corridor must limit glare and reflectivity to the satisfaction of Sydney Trains. 

w)         The Principal Certifying Authority is not to issue the Construction Certificate until written confirmation has been received from Sydney Trains confirming that this condition has been satisfied.

x)         Prior to the issue of a Construction Certificate a Risk Assessment/Management Plan and detailed Safe Work Method Statements (SWMS) for the proposed works are to be submitted to Sydney Trains for review and comment on the impacts on rail corridor.  The Principal Certifying Authority is not to issue the Construction Certificate until written confirmation has been received from Sydney Trains confirming that this condition has been satisfied.

y)         No metal ladders, tapes and plant/machinery, or conductive material are to be used within 6 horizontal metres of any live electrical equipment.  This applies to the train pantographs and 1500V catenary, contact and pull-off wires of the adjacent tracks, and to any high voltage aerial supplies within or adjacent to the rail corridor. 

z)          Prior to the issuing of a Construction Certificate the Applicant is to submit to Sydney Trains a plan showing all craneage and other aerial operations for the development and must comply with all Sydney Trains requirements.  If required by Sydney Trains, the Applicant must amend the plan showing all craneage and other aerial operations to comply with all Sydney Trains requirements.  The Principal Certifying Authority is not to issue the Construction Certificate until written confirmation has been received from the Sydney Trains confirming that this condition has been satisfied.

aa)        Copies of any certificates, drawings, approvals/certification or documents endorsed by, given to or issued by Sydney Trains must be submitted to Council for its records prior to the issuing of a Construction Certificate.

CONDITIONS OF CONCURRENCE – ROADS AND MARITIME SERVICES

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

74.        Redundant Driveways

The redundant driveways on the Pacific Highway shall be removed and replaced with kerb and gutter to Roads and Maritime requirements.  The design and construction of the kerb and gutter crossing on the Pacific Highway shall be in accordance with RMS requirements.  Details of these requirements shall be obtained from Roads and Maritime Project Services, Manager Developer Works, Statewide Delivery, Parramatta (Telephone 8849 2138).

Detailed design plans of the proposed gutter crossing are to be submitted to Roads and Maritime for approval prior to the issue of a Construction Certificate and 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 Roads and Maritime.

75.        Car Parking

The layout of the proposed car parking areas associated with the subject development (including, driveways, grades, turn paths, sight distance requirements, aisle widths, aisle lengths, and parking bay dimensions) should be in accordance with AS 2890.1-2004 and AS 2890.2-2002.

All vehicles are to enter and leave the site in a forward direction.

All vehicles are to be wholly contained on site before being required to stop.

The swept path of the longest vehicle (including garbage trucks) entering and exiting the subject site, as well as manoeuvrability through the site, shall be in accordance with AUSTROADS. In this regard a plan shall be submitted to Council for approval, which shows that the proposed development complies with this requirement.

76.        Construction Work Zone

All demolition and construction vehicles are to be contained wholly within the site and vehicles must enter the site before stopping. A Construction zone will not be permitted on the Pacific Highway.

77.        Excavation

The developer is to submit design drawings and documents relating to the excavation of the site and support structures to Roads and Maritime 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 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 8849 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 shall ensure that the owner/s of the roadway is/are given at least seven (7) day notice of intention to excavate below the base of the footings. The notice is to include complete details of the work.

78.        Stormwater Discharge

Should the post development storm water discharge from the subject site into the Roads and Maritime system exceed the pre-development discharge, detailed design plans and hydraulic calculations of any changes to the stormwater drainage system are to be submitted to Roads and Maritime Services for approval, prior to the commencement of any works.

Details should be forwarded to

The Sydney Asset Management

Roads and Maritime Services

PO BOX 973 Parramatta CBD 2124

A plan checking fee (amount to be advised) and lodgement of a performance bond may be required before the approval is issued. With regard to the Civil Works requirement please contact the Roads and Maritime Project Engineer, External Works Ph: 8849 2114 or Fax: 8849 2766.

79.        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 Council prior to the issue of a construction certificate.

80.        Road Occupancy Licence

A Road Occupancy Licence should be obtained from the Transport Management Centre for any works that may impact on traffic flows on the Pacific Highway during construction activities.

- 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 and Vegetation Preservation

In accordance with Clause 5.9 of the Hornsby Local Environmental Plan 2013 a person must not ringbark, cut down, top, lop, remove, injure or wilfully destroy any tree or other vegetation protected under the Hornsby Development Control Plan 2013 without the authority conferred by a development consent or a permit granted by Council.

Notes:  A tree is defined as a long lived, woody perennial plant with one or relatively few main stems with the potential to grow to a height greater than three metres (3M).  (HDCP 1B.6.1.c).

Tree protection measures and distances are determined using the Australian Standard AS 4970:2009, “Protection of Trees on Development Sites”.

Fines may be imposed for non-compliance with both the Hornsby Local Environmental Plan 2013 and the Hornsby Development Control Plan 2013.

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 1800810443.

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 prior to the issue of a Subdivision Certificate.  The authorised numbers are required to comply with Council’s Property Numbering Policy and be displayed in a clear manner at or near the main entrance to each premise.

Subdivision Certificate Requirements

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

·              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 certifying that the necessary re-establishment of any damaged, removed or displaced survey marks has been undertaken in accordance with the Surveyor General’s Direction No. 11 – “Preservation of Survey Infrastructure”.

·              Certification that the requirements of relevant utility authorities - such as Ausgrid and Telstra - have been met.

Note:  The PCA will not issue an Occupation Certificate until all conditions of the development consent have been completed.

 


 

Group Manager’s Report No. PL77/15

Planning Division

Date of Meeting: 14/10/2015

 

7        DEVELOPMENT APPLICATION - FIVE STOREY RESIDENTIAL FLAT BUILDING COMPRISING 25 UNITS - 42 AND 44 LORDS AVENUE, ASQUITH   

 

 

EXECUTIVE SUMMARY

DA No.

DA/1221/2014 (Lodged 13 October 2014)   

Description:

Demolition of existing structures and erection of a five storey residential flat building comprising 25 units with basement carparking.

Property:

Lot 4 DP 21699 and Lot 5 DP 21699, Nos. 42 and 44 Lords Avenue, Asquith

Applicant:

MS Properties Pty Ltd

Owner:

Daraya Holdings Pty Ltd

Estimated Value:

$5,504,000

Ward:

A

·              The application proposes demolition of existing structures and erection of a five storey residential flat building comprising twenty-five units with basement car parking.

·              The proposal generally complies with the Hornsby Local Environmental Plan 2013, State Environmental Planning Policy No. 65 – Design Quality Residential Flat Building and the Hornsby Development Control Plan 2013.

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

·              It is recommended that the application be approved subject to conditions of consent.

 

RECOMMENDATION

THAT Development Application No. DA/1221/2014 for the demolition of existing structures and erection of a five storey residential flat building comprising twenty-five units with basement car parking at Lot 4 in DP 21699 and Lot 5 in DP 21699 being Nos. 42 and 44 Lords Avenue, Asquith be approved subject to the conditions of consent detailed in Schedule 1 of Group Manager’s Report No. PL77/15.

 


BACKGROUND

The site forms part of the Lords Avenue - Asquith precinct. 

The subject land was rezoned from Residential A - Low Density to Residential C - Medium-High Density (currently R4 – High Density Residential) on 2 September 2011 as part of Council’s Housing Strategy.

A pre-lodgement meeting was held between Council officers and the applicant to discuss the proposal.  At the meeting, concerns were raised by Council regarding the design in terms of building form and articulation, isolation of (No. 46) Lords Avenue to the north of the site, on-site detention systems and setbacks.

On 13 October 2014, Development Application No. 1221/2014 was lodged for the demolition of existing structures and construction of a five storey residential flat building comprising twenty-five units with basement car parking.

On 9 February 2015, Council raised a number of planning concerns with respect to the application.

On 16 March 2015, the applicant forwarded the final set of amended plans addressing the matters raised by Council. 

SITE

The site comprises two allotments being Nos. 42 and 44 Lords Avenue and is located on the eastern side of the road, 90 metres south of the intersection of Lords Avenue and Mills Avenue.  The site is irregular in shape with a combined area of 1,406 square metres and frontage of 30.8 metres to the street.  The site has an average slope of approximately 10% from the northern side to its south-western corner (road frontage).

Existing improvements on the allotments include two dwelling-houses with associated garages and carports.  Vehicular access to the site is gained via existing driveways fronting Lords Avenue.

Both the allotments contain a number of exotic, native planted and local indigenous trees primarily located at the rear of the existing properties.  The trees form part of, and provide connectivity with, Sydney Turpentine Ironbark Forest (Critically Endangered Ecological Community), patches of which are located within the Asquith Park, in close proximity to the development site.

The site forms part of a precinct, which is undergoing redevelopment.  The surrounding developments currently include single and two storey residential dwellings.  However, development applications for five storey residential flat buildings have been approved on a number of sites fronting Lords Avenue and Pacific Highway, Asquith including the adjoining eastern property being (Nos. 447 – 451) Pacific Highway and a northern parcel being (Nos. 48-50) Lords Avenue.

The site is located approximately 710 metres from Asquith Railway Station and in close proximity to the Asquith Commercial precinct.

PROPOSAL

The proposal involves demolition of existing structures on the site construction of a five storey residential flat building comprising twenty-five units with two levels of basement car parking and associated landscaping works.

The unit mix would comprise of the following:

·              Three x 1 bedroom units,

·              Twenty x 2 bedrooms units; and

·              Two x 3 bedrooms.

The units would be accessed via a lift centrally located in each building and would include balconies fronting the street, rear and side property boundaries.

The development would be accessed from Lords Avenue via a driveway located towards the south-western boundary of the site.  Pedestrian access to the development is positioned at the north-western corner of the site via the Lords Avenue frontage.  A total of thirty car parking spaces, including four visitors’ parking spaces are proposed in two basement levels.

The site would drain to a detention tank adjacent to the western boundary of the property, and thereafter to the south-west towards a Council stormwater drainage pipeline. 

ASSESSMENT

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

A Plan for Growing Sydney has been prepared by the NSW State Government to guide land use planning decisions for the next 20 years.  The Plan sets a strategy for accommodating Sydney’s future population growth and identifies the need to deliver 689,000 new jobs and 664,000 new homes by 2031.  The Plan identifies that the most suitable areas for new housing are in locations close to jobs, public transport, community facilities and services.

The NSW Government will use the subregional planning process to define objectives and set goals for job creation, housing supply and choice in each subregion.  Hornsby Shire has been grouped with Hunters Hill, Ku-ring-gai, Lane Cove, Manly, Mosman, North Sydney, Pittwater, Ryde, Warringah and Willoughby to form the North Subregion.  The Draft North Subregional Strategy will be reviewed and the Government will set housing targets and monitor supply to ensure planning controls are in place to stimulate housing development.

The proposed development would be consistent with ‘A Plan for Growing Sydney’, by providing twenty-three additional dwellings and contributing 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 Local Environmental Plan 2013

The proposed development has been assessed having regard to the provisions of the Hornsby Local Environmental Plan 2013 (HLEP).

2.1.1     Zoning of Land and Permissibility

The subject land is zoned R4 (High Density Residential) under the Hornsby Local Environmental Plan 2013 (HLEP).  The objectives of the zone are:

(a)        To provide for the housing needs of the community within a high density residential environment.

(b)        To promote a variety of housing types within a high density residential environment.

(c)        To enable other land uses that provide facilities or services to meet the day to day needs of residents.

The development proposed is a high density residential development and complies with the zone objectives.  The proposed development is defined as a “Residential flat building” under the HLEP and is permissible in the zone with Council’s consent. 

2.1.2     Height of Buildings

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 height of the proposed building is between 15.1 and 16.3 metres from the natural ground level and complies with this provision.

2.1.3     Heritage Conservation

Clause 5.10 of the HLEP 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 is required in this regard.

2.1.4     Earthworks

Clause 6.2 of the HLEP states that consent is required for proposed earthworks on site. Before granting consent for earthworks, Council is required to assess the impacts of the subject works on adjoining properties, drainage patterns and soil stability of the locality.

The proposal is satisfactory subject to conditions regarding submission of a ‘Dilapidation Report’ assessing the impact of the excavation on the adjoining properties and an Environment Management Plan to implement appropriate measures to prevent sediment run-off, excessive dust, noise and the like emanating from the site during the construction of the development.

2.2        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. 

2.3        State Environmental Planning Policy No. 65 – Design Quality of Residential Apartment Development (Amendment No. 3)

The amendment revises the Policy following review by the Department of Planning and Environment.  The amendments include objectives to meet housing and population targets, affordable housing and to facilitate timely and efficient assessment of development applications. The amendments replace the Residential Flat Design Guidelines with an Apartment Design Code, which prevails in the event of any inconsistency with a Development Control Plan.

The new Guide makes further provision for design review panels; include additional provisions for the determination of development applications and for standards for ceiling height, apartment area and car parking, which cannot be used as grounds for refusal of development consent.

It is noted that the changes to the SEPP 65 were notified on the NSW legislation website on 19 June 2015 and commenced on 17 July 2015.  The changes to the SEPP 65 include savings provisions.  For apartment development applications lodged prior to 19 June 2015, the new Apartment Design Guide applies.  This is not the case for this application as it was lodged on 13 October 2014.

Regardless the proposed development would not be inconsistent with the provisions of the Policy and the requirements of the Apartment Design Code.

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 Architect 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 in the following table:

Principle

Compliance

1.         CONTEXT

Yes

Comment:  The site is located within a planned five storey residential flat building precinct in close proximity to Asquith Railway Station and the Asquith Commercial Town Centre.

The applicant’s ‘Design Verification Statement’ indicates that the proposal responds to the desired future character of the precinct as envisaged by Council.  Once the development of the precinct is completed, the proposal would integrate with the surrounding sites and would be in keeping with the future urban form. It is considered that the proposed building would contribute to the identity and future character of the precinct.

The development responds suitably to the “context” principle of SEPP 65, considering the desired future character of the area.

2.         SCALE

Yes

Comment:  The scale of the development is in accordance with the height control and setbacks for the precinct prescribed under Part 3.4 of the Hornsby Development Control Plan (HDCP), being the applicable planning controls at the time the application was submitted.  The design provides proportional and compliant setbacks along all four boundaries of the development.  

The development achieves a scale consistent with the desired future character of the precinct of residential flat buildings in landscaped settings with underground car parking.

3.       BUILT FORM

Yes

Comment:  The proposed building achieves an appropriate built form for the site and its purpose, in terms of building alignments, proportions and the manipulation of building elements.  The building would appropriately contribute to the character of the desired future streetscape and includes articulation to minimise the perceived scale.

The proposed materials and finishes would add to the visual interest of the development.  Flat roof forms have been adopted with an increased top storey setback on the external facades to minimise bulk and height of the building as required by the HDCP

4.       DENSITY

Yes

Comment: The HLEP does not incorporate floor space ratio requirements for the site.  The density of the development is governed by the height of the building and the required setbacks.  The proposed density is considered to be sustainable as it responds to the regional context, availability of infrastructure, public transport, community facilities and environmental quality and is acceptable in terms of density and complies with the HLEP.

5.         RESOURCE, ENERGY AND WATER EFFICIENCY

Yes

Comment: 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 would achieve efficient use of natural resources, energy and water throughout its full life cycle, including demolition and construction.

6.         LANDSCAPE

Yes

Comment: The application includes a Landscape Concept Plan prepared by Carmichael Studios, which provides landscaping along the street frontage, sides and rear boundaries.  There are significant groups of trees located at the rear of the site and within the adjoining northern property, being remnant Sydney Turpentine Ironbark Forest (STIF). The proposal would retain the significant trees, wherever possible, with appropriate setbacks. Additionally, large trees are proposed along the street frontage intercepted by shrubs and hedges which would soften the appearance of the development when viewed from the street. 

A 1.2 metre high concrete render wall/fence is proposed along the front property boundary, which is complementary to the proposed landscaping.  Deep soil zones are provided around the building envelope to the front, sides and rear which would enhance the natural environmental performance of the development and provide an appropriate landscaped setting.

7.         AMENITY

Yes

Comment: The proposed units are designed to achieve natural ventilation, solar access and acoustic privacy.  All units incorporate balconies accessible from living areas.  Privacy has been achieved through appropriate design and orientation of balconies and living areas.  Consent conditions are recommended to require balcony screens to further improve privacy.  Storage areas have been provided within each unit and in the basement levels. The proposal would provide convenient and safe access via a central lift connecting the basement and all other levels. 

8.         SAFETY AND SECURITY

Yes

Comment:  The design orientates the balconies and windows of individual apartments towards the street, rear and side boundaries, providing passive surveillance of the public domain and communal open space areas.  Both the pedestrian and vehicular entry points are secured and visibly prominent from Lords Avenue. 

The proposal includes an assessment of the development against crime prevention controls in the Statement of Environmental Effects.  The Statement of Environmental Effects has regard to Crime Prevention Through Environmental Design Principles (CPTED) and includes details of;

·              surveillance,

·              access control,

·              territorial reinforcement and space management such as an artificial lighting in public places,

·              attractive landscaping whilst maintaining clear sight lines,

·              security coded door lock or swipe card entry,

·              physical or symbolic barriers to attract,

·              channel or restrict the movement of people,

·              security controlled access to basement car park;

·              intercom access for pedestrians;

·              design with clear transitions and boundaries between public and private space,

·              clear design cues on who is to use space and what it is to be used for its use and condition and security cameras located at the entrance of the building. 

The proposal was referred to the NSW Police Force for perusal.   Subject to the imposition of conditions of consent addressing the above matters, the proposal is supported in respect of safety and security.

9.         SOCIAL DIMENSIONS AND HOUSING AFFORDABILITY

Yes

Comment: The site is located in close proximity to Asquith Railway Station and commercial precinct.  The location of the site allows direct access to services and facilities.

The proposed development includes a mix of dwelling types and sizes, which complies with the requirement within the RFDC to improve housing choice in the locality.  Consent conditions require compliance with Council’s adaptable housing controls.  In this regard, the development is considered acceptable in terms of social dimensions.

10.        AESTHETICS

Yes

Comment: The architectural treatments of the building are generally consistent with the design principles contained within the Residential Flat Design Code and the HDCP.  It is considered that the aesthetic quality of the building would contribute 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 2.11 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

45.6%

25%

Yes

Communal Open Space

26%

25-30%

Yes

 

 

 

 

 

Ground Level Private Courtyards  

Unit 1 – 14m2 with a dimension of 2.5m

 

Unit 2 – 17m2 with a dimension of 2.5m

 

Unit 3 – 12m2 with a dimension of 2.95m

 

Unit 4 – 30m2 with a dimension of 2.8m

 

Unit 5 – 12m2 with a dimension of 2.5m

 

 

 

 

 

 

25m2 with a minimum  dimension of 4m

 

 

 

 

 

 

No

 

Minimum Dwelling Size

1 br – 52m2 - 60m2

2 br – 73m2 - 87m2

3 br – 95m2 - 113m2

1 br – 50m2

2 br – 70m2

3 br – 95m2

Yes

Yes

Yes

Maximum Kitchen Distance

Unit 3 = 8.3m

8m

No

Minimum Balcony Depth

Usable >2.5m

2m

Yes

Ceiling Heights - Residential floors

2.8m

2.7m (Min.)

Yes

Total Storage Area

1 bed - 6m3 (Min)

2 bed - 8m3 (Min)

3 bed - 10m3 (Min)

 

1 bed - 6m3 (Min)

2 bed - 8m3 (Min)

3 bed - 10m3 (Min)

 

50% accessible from the apartments

 

 

Yes

Dual Aspect and Cross Ventilation

72% (18 units)

60%

Yes

Adaptable Housing

(8 units)

10%

Yes

Units accessed from a single corridor

5 units (Ground Floor)

6 units (Level 1-3)

2 units (Level 4)

 

8 units

 

Yes

South Facing Units

None (dual aspect either S-E of S-W)

10% of the total number of units

Yes

As detailed in the above table, the proposed development generally 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     Ground Floor Apartments and Private Open Spaces

The Code encourages separate entries for ground floor apartments and private garden areas at the ground floor area.

The proposed ground floor unit open space includes balconies/courtyards contained within the building’s footprint.  The unit open space areas are considered appropriate for the respective ground floor units in respect to dwelling size, aspect, unit configuration and amenity.  The ground floor units would not include 25 square metre courtyards, adjoining the living areas as required under the RFDC.  The non-compliance with the best practice of 25 square metre open space area with a minimum dimension of 4 metres is considered acceptable in this regard, as the larger open space areas would be lost to private use and would not contribute to the overall landscaping with regard to the Hornsby Development Control Plan key principle for five storey residential flat buildings in garden settings.  The units however, comply with the minimum requirements of the Hornsby Development Control Plan with regard to the private open space areas.  The proposal is assessed as satisfactory in this regard.

In addition the adaptable dwellings benefit from convenient access via continues paths of travel and lifts to common outdoor open space areas.  It is considered that the design of the proposed ground floor units is satisfactory in meeting the objectives of the Code.

2.5.2     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 8 metres from a window.  Of the twenty-five units proposed, only Unit 3 kitchen is up to 8.3 metres from a window.  However, the unit offers an open layout with natural ventilation and accordingly, the minor non-compliance would be imperceptible for its function. 

The proposed apartment layouts are functional and satisfy the RFDC objectives for internal privacy, access to sunlight, natural ventilation and acoustic privacy. 

The apartment layout and mix achieve the intent of the best practice requirements of the RFDC and are acceptable in this regard.

2.5.3     Acoustic Privacy

The site is not in the vicinity of noise generation sources that would require the proposed development to be designed and constructed for noise mitigation.  As the site fronts Lords Avenue, which is a local road, an acoustic report was not required to be provided in this instance.

The internal layout of the residential units is designed such that noise generating areas would adjoin each other wherever possible.  Circulation zones, communal services or fire stairs 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 is overall consistent with the RFDC for acoustic privacy.

2.5.4     Storage

The proposed building includes resident storage areas for all units within the apartments.  In addition storage rooms are provided in the basement and the plans indicate storage cages over each of the resident parking spaces.  The applicant has indicated that the total storage volume is to comply with the provisions of the Residential Flat Design Code.  A condition is recommended that each dwelling within the development must have a minimum area for storage of 6 cubic metres for one bedroom units, 8 cubic metres for two bedroom units and 10 cubic metres for three bedroom units, where 50% is required to be located within the apartment and accessible from either the hall or living area.  A condition is recommended that the basement storage areas be allocated in accordance with the size requirements of the Code for the respective units.  With conditions, the proposal is acceptable with respect to the requirements of the RFDC for storage.

In summary, the proposed residential flat buildings have been designed in accordance with the design principles of SEPP 65 and generally comply 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 character of the precinct.

2.6        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 and stormwater management to protect water quality, the proposal would comply with the requirements of the Policy.

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)

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 the 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        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 not categorized as a ‘Traffic Generating Development’ in accordance with Clause 104 and Schedule 3 of SEPP (Infrastructure).

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

Clause 74BA of the Environmental Planning and Assessment Act, 1979 states that a DCP provision will have no effect if it prevents or unreasonably restricts development that is otherwise permitted and complies with the development standards 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; facilitate development that is permissible under any such instrument; and achieve the objectives of land zones.  The provisions contained in a DCP are not statutory requirements and are for guidance purposes only.  Consent authorities have flexibility to consider innovative solutions when assessing development proposals, to assist achieve good planning outcomes.

2.11      Hornsby Development Control Plan 2013

The proposed development has been assessed having regard to the relevant desired outcomes and prescriptive requirements within the Hornsby Development Control Plan 2013 (HDCP).  The following table sets out the proposal’s compliance with the prescriptive requirements of the Plan:

Hornsby Development Control Plan 2013

Control

Proposal

Requirement

Compliance

Site Width

30.7m

Min – 30m

Yes

Height

5 storey

15.2m – 16.3m

5 storey – 17.5m

Yes

 

 

Lowest Residential Floor Above Ground

+0.165m (at the southern side)

 

+1.3m (at the western side)

 

 

Max +1.5m

 

 

Yes

Maximum Floor-Plate Dimension

N-S – 22.5m

E-W – 30m

35m

35m

Yes

Yes

Building Indentations

N (side) – 26.7m

S (side) – 27.75m

E (rear) – 22.5m

W (Lords Av.) – 20.5m

 

Provided 4m x 4m

Provided 4m x 4m

Not required

Not required

 

4m x 4m

4m x 4m

Not required

Not required

 

Yes

Yes

Yes

Yes

Height of Basement Above Ground

+0.5m (western side of building footprint)

1m (max.)

Yes

Front  Setback (Lords Avenue)

 

9.3m - 10.6m

8m (for a length of 6.6m)

 

7m (balconies)

10m

8m <1/3rd of frontage being 6.83m

7m (balconies)

No

Yes

 

Yes

Eastern Side Setback (rear)

 

9.4m – 10.7m

8m (for a length of 4.4m)

 

7m (balconies)

10m

8m <1/3rd building length being 7.5m

7m (balconies)

No

Yes

 

Yes

Northern Side Setback

 

6m

4m (for a length of 8.9m)

 

5m (balconies)

6m

4m <1/3rd building length being 8.9m

4m balconies

Yes

Yes

 

Yes

Southern Side Setback

 

6m

4m (for a length of 11m)

 

4m (balconies)

6m

4m <1/3rd building length being 9.25m

4m (balconies)

Yes

No

 

Yes

Minor structures such as fire booster, mailboxes and electricity kiosks

 

2m

 

2m

 

Yes

Top Storey Setback From Ground Floor

Majority presents a 3m setback, except sections at the Eastern side where the setback is reduced to 1.2m and 2m.

 

Western side is reduced to 2.5m and 2.8m

 

 

 

 

3m

 

 

 

 

No

Underground Parking Setback

Front – 7m

Northern Side – 4m

Southern Side – 4m (driveway)

Rear – 7m

7m

4m

4m

 

7m

Yes

Yes

Yes

 

Yes

Basement Ramp Side Setback

2m

2m

Yes

Deep Soil Landscaped Areas

Front – 7m

Northern Side – 4m

Southern Side – 2-4m (driveway side)

Rear – 7m

7m

4m

2-4m

 

7m

Yes

Yes

Yes

 

Yes

Private Open Space with a minimum width of 2.5m

1 br units - >10m2

2 br units – >12m2

3 br units - >16m2

10m2

12m2

16m2

Yes

Yes

Yes

Communal Open Space with minimum dimension 2.5m

 

25.5%

 

25%

 

Yes

Parking in basement (site within 800m of Railway Station)

26 resident spaces

4 visitor spaces

Rack for 8 bicycles (being 5 spaces for residents + 3 spaces for visitors)

1 motorcycle space

26 resident spaces

4 visitor spaces

Space for 8 bicycles

 

 

1 motorcycle space

Yes

Yes

Yes

 

 

Yes

Sunlight Access

76% (19 units)

70% of the units

Yes

Cross Ventilation

76% (19 units)

60% of the units

Yes

Housing Choice

4 x 1 br units – 16%

18 x 2 br units – 72%

3 x 3 br units – 12%

10%

10%

10%

Yes

Yes

Yes

Adaptable Units

8 units = 32%

30%

Yes

As detailed in the above table, the proposed development presents minor variations with the prescriptive measures within the Council’s Hornsby DCP regarding the setbacks.  The matter of non-compliance is detailed below, as well as a brief discussion regarding the desired outcomes and the prescriptive measures:

2.11.1   Desired Future Character

The proposed five storey residential flat building would be sited within the Lords Avenue, Asquith Precinct in accordance with required key principles for the precinct, namely for well-articulated five storey residential flat buildings in garden settings with basement car parking.

The elevations indicate rendered brickwork in predominately grey and dark tones, with some contrasting elements of white and terracotta at the front facade.  The balconies include a combination of rendered or glass balustrades, some including operable or fixed timber louvers.  The modern design of the building is in keeping with the desired future character of the area.

2.11.2   Design Quality – SEPP 65

The proposed development has been conceived in accordance with the design principles of SEPP 65 except for some minor variations on ground level courtyards and maximum kitchen separation.  Refer to discussion in Sections 2.4 and 2.5.

2.11.3   Site Requirements

The HDCP requires sites to have a minimum frontage of 30 metres.  The subject site has a frontage of 30.8 metres to Lords Avenue and complies with this requirement.

2.11.4   Avoid Site Isolation

Concerns have been raised regarding isolation of the property positioned at the northern side of the development site namely No. 46 Lords Avenue.  The Site Requirements in the Hornsby DCP are as follows:

“b.        Where a development proposal results in an adjoining site within the precinct with no street frontage or a primary street frontage of less than 30 metres, proponents should demonstrate that orderly and economic development of the site can be achieved under this DCP. 

c.         Where a property is likely to be isolated by a proposed development and it cannot be demonstrated that the site can be developed to its full potential, applicants should provide documentary evidence that a genuine and reasonable attempt has been made to purchase an isolated site based on a fair market value.”

The proposed development will result in the isolation of No. 46 Lords Avenue (Lot 6 in DP 21699).  No. 46 is an allotment of approximately 828.3 square metres in area with a frontage of 15.38 metres to Lords Avenue.  A freestanding, single storey dwelling-house is currently sited on the land. 

In accordance with the provisions of the DCP, the Applicant sought to resolve the isolation of No. 46 by making genuine and reasonable attempts to acquire the adjoining site at a fair market value at the time of lodgement of the application.  Details of the attempts made to acquire No. 46 were submitted with the development application and include the letters of offer sent by the landowner’s real estate agent and a valuation of the property at No. 46 Lords Avenue, Asquith prepared by Barry L. Russ and Associates Pty Ltd, dated 16 June 2014.

The attempts to acquire No. 46 were unsuccessful.

Council engaged a property valuer to undertake an independent valuation of the property.  The report concludes that the Applicant made offers which are consistent with market value rates at the time, although at the lower range. 

The Applicant has submitted indicative concept plans for a four storey residential flat development on the isolated site. The concept plans demonstrate that the site could be developed generally in accordance with the objectives of SEPP 65, the RFDC and HDCP requirements in terms of height, setbacks and building separations, notwithstanding the non-compliance with the required 30 metre frontage.

Further to the above, Council was informed recently that the Applicant made further offers in an attempt to purchase the land at No. 46 with no success. The landowner confirmed that the developer had been in contact and had made an offer to purchase the site, however this offer was considered to be below expectations for the site. In a recent submission, the landowner advised that there are too many obstacles to overcome and would not be seeking to develop their property at this immediate stage.

Based on the above, the Applicant has made reasonable attempts to acquire the adjoining site in accordance with the Land and Environment Court principals and requirements of the Hornsby DCP.

2.11.5   Height Requirements

The proposed five storey building ranges in height from 15.2 metres to 16.3 metres above the natural ground level.  The proposal complies with the maximum 17.5 metre building height.  In addition the proposed building involves excavation works for the basement car park and for finished ground levels.  The ground floor of the building is generally in the order of -1.0 metre to 0.16 metre above the existing natural ground level along the southern elevation to provide a cut and fill balance for the building footprint.  Accordingly, the proposed development is considered satisfactory in respect to five storeys built form.

2.11.6   Floor-Plates

The subject development site comprises two elongated lots with a frontage of 30.8 metres to Lords Avenue.  The proposed building has a footprint of 26.7 metres at its northern façade and 27.75 metres at its southern elevation.  The proposal complies with the maximum floor-plate of 35 metres prescribed within the Hornsby DCP 2013.  The lengthened facades incorporate a 4 metre by 4 metre building indentation of the north and southern elevations to achieve the appearance of two separate building pavilions.  The development includes sufficient articulation, varied use of materials and wrap-around balconies on the Northern Elevation to ‘break-up’ the perceived bulk and scale of the building.  The building is properly setback from Lords Avenue and the isolated site to its north.

The proposal presents deep-soil areas to ensure the establishment of canopy trees, which will soften the presentation of the building.  The development achieves a scale consistent with the desired character of the precinct of residential flat buildings in landscaping settings with underground car parking facility in accordance with the desired outcomes of the HDCP 2013.

2.11.7   Setbacks

As noted in the above table, the proposal generally complies with most of the building setback controls, apart for minor variations at the front setback and on the east and western side top storey as follows:

·              Front and Rear Setbacks. - The Hornsby DCP requires a minimum 10 metre front and rear setbacks, which can be reduced to 8 metres for a maximum of 1/3 of the building width.  The proposal complies with the prescribed proportion of encroachments into the front and rear setbacks.  However, the primary setback dimensions present minor variations due to the parallelogram shape of the development land.  Despite this non-compliance, the proposed design is considered acceptable as it provides for a well-articulated building form, deep soil landscaped verges, suitably landscaped communal and private open space areas and appropriate separation between buildings. The proposed variation to the minimum rear setback is therefore considered acceptable.

·              Southern Side Setback. - The HDCP permits up to 1/3 of the building to be setback between 4 metres and 6 metres to a side boundary.  The extent of the non-compliance is less than 1.75 metres in relation to the overall width of 27.75 metre of the southern elevation.  The non-compliance is minor and would not compromise the setback element objective of requiring well-articulated buildings that are setback to incorporate landscaping, open space, private outlook and separation between buildings.

·              Top Storey Setback. - The majority of the building incorporates the additional 3 metre building setback for the top storey on all sides.  However, there are small sections within the east and western side top storey setbacks, which do not comply with this prescriptive measure.  These variations are:

o     Setback of 2.5 metres for a building length of 5.3 metres at the western side of the top storey elevation (Lords Avenue frontage); and

o     Setback of 1.2 metres for a building length of 1.5 metres and 2 metres for a length of 3.8 metres at the eastern side of the top storey elevation (rear).

·              These non-compliances would not be perceptible when viewed from the street.  Additionally, the building design provides appropriate building indentations on the front and rear elevations, a balanced juxtaposition of horizontal and vertical blade elements, a variety of materials and wrap around balconies.  Therefore, the overall building is considered to be well articulated.  In this regard, the minor top storey setbacks are considered to be acceptable.

·              Letter Boxes. - The letterboxes would be setback 2 metres from the front property boundary.  The proposed setback would allow sufficient space for screen plantings. 

·              Underground Parking Setback. - The HDCP permits driveways or basement ramps up to 6 metres wide to be setback 2 metres from the side boundary.  The basement ramp would be 2 metres from the southern boundary and is consistent with this provision.

2.11.8   Building Form, Separation and Articulation

The RFDC and HDCP require a building separation of 12 metres between unscreened habitable areas or balconies increasing to 18 metres from the fifth level. 

The proposed residential flat building’s northern and southern elevations face future undeveloped residential flat building sites.  The Applicant provides a building with compliant setback to the north to provide an adequate spatial buffer to the isolated site to the north. 

Along these facades, wrap around balconies serving corner units contain a 4 to 6 metre side setbacks, which comply with the minimum separation requirements to the boundary.  The wrap-around balconies on the north provide articulation and privacy mitigation measures.  Full height screens are proposed for all balconies along the southern elevation of the development to mitigate future privacy impacts.

Articulation of the building facades has been achieved in the following ways:

·              The building has been vertically stepped, two steps being provided on the ground and the fifth storey across 50% of the width of each façade along with four storey high vertical solid panels.

·              The facades have been divided into vertical ‘panels’, no wider than 8 metres, except one panel on the southern elevation (10 metre length). All such panels have been visually separated by indentations and projections across the alignment of the exterior walls, balconies and terraces to achieve the desired articulation.

·              The façade treatment, size and placement of windows, protruding balconies, vertical panels and stepped levels of the building, flat roof and large proportion of openings at the topmost storey minimises the bulk and scale and would contribute to the streetscape.

·              The building would incorporate contemporary colours and textures.

The design of the floor plates, the proposed indentations and the articulation of the facades have been assessed as satisfactory.

2.11.9   Deep Soil Landscaping

The landscaping provisions for the HDCP prescribe that a 7 metre wide landscaped area is to be provided at the front and rear setback and a 4 metre side landscaped area is provided along the side boundaries.  The design of the basement generally achieves the prescribed setbacks. 

A total of 45.6% equivalent to 641.25 square metres of the development site has been provided for landscaping and communal open spaces.  Tree planting (endemic canopy trees as indicated in the conceptual Landscape Plan) is provided within each setback to contribute to the quality of the streetscape and reduce the impact of the bulk and scale of the development.  The setbacks include deep soil planting of a variety of medium to large sized native trees and shrubs to provide privacy and screen walls.  Lower level planting is used to demarcate the front boundary with ornamental planting to highlight the main pedestrian entry to the site.

The extent of hard paved areas proposed are considered to be minimal and proportional to the development site area, as reasonable provision has been made for deep soil areas to accommodate significant natural ornamentation, retain some of the existing trees and achieve landscape settings.

Primary access to communal open space is facilitated reasonably via the north side of the building.  The communal open space complies with the HDCP requirements for minimum dimensions and is embellished to support use and interaction within the space.

The OSD for the scheme is located at the western side of the development site, underneath the garbage collection point and screened to some extent from the front boundary and mass of the building.  It is considered that the tank has been positioned in an appropriate location considering the slope of the site, location of Council’s stormwater inlet pit on Lords Avenue and the relevant engineering requirements and specifications.

The applicant has advised that an additional LV direct distributor cable will be run from the new substation at (No. 48-50) Lords Avenue to the second site at (Nos. 42-44) Lords Avenue to a private pillar within that property.  No sub-station will be required for the subject development site in this instance.

For the rest of the boundary line, trees capable of reaching 6 metres at maturity are proposed.  In addition, landscaping has been provided within the 4 metre x 4 metre indent to the rear of the site to further articulate the perceived bulk of the development.  Landscaping also provides screening to the private open space areas that front the common open space to the rear.  The proposal is considered acceptable in terms of the prescriptive measures of the landscaping element of the HDCP.

2.11.10 Open Space

The proposed communal open space areas comply with the prescriptive area of at least 50 square metres with a minimum dimension of 4 metres.  The communal areas have been provided at the front and rear of the site.  The eastern facing principle communal open spaces would receive more than 2 hours of sunlight between 9 am to 3 pm during mid-winter and would be accessed from the foyer via an entry door centrally located on the northern side of the building, which would provide convenient access from all units.

The western communal open space would also receive sufficient sunlight during winter times and the area will contribute to the aesthetics of the building.  It is considered the proposed open space provision would provide for a range of outdoor activities and encourage active living.

In addition, all units would achieve the prescriptive open space area requirements of 10 square metres for 1 bedroom units, 12 square metres for 2 bedroom units and 16 square metres for 3 bedroom units.

2.11.11 Privacy and Security

Wrap around balconies have been provided at the northern corners of the building and would front the side boundaries.  However, movable privacy louvers are proposed for the side facing balconies to maintain a good level of privacy and visual amenity.  The ground floor private open space areas fronting the communal open spaces would be suitably screened by a 1 metre high fence and landscaping including “Correa Albas” trees, which grow to a mature height of 3 metres, “Acmena Smithii” with a mature height of 3 metre and a floral buffer of “Isolepsis Nodosa” at the rear, which grows to a mature height of 0.5 metres.

It is acknowledged that the proposal would result in visual impact on the adjoining low density residential development to the east.  However, the proposal is consistent with the objectives of the zone and is acceptable with regard to compliance with the HDCP for built form and setbacks.  The proposed development would be acceptable in respect to privacy of adjoining residents, subject to conditions for landscaping and fencing.

In terms of security, the proposal comprises an identity safe, clear and direct pedestrian entrance to the foyer of the building from Lords Avenue.  Passive surveillance is achieved by the orientation of private open space and living room windows of units to the street and rear, communal open spaces on the site.  The applicant provided a “Crime Prevention through Environmental Design Assessment” and which was referred to Kuring-Gai Local Police Area Command for perusal.  The Force raised no objections to the proposal subject to conditions.

2.11.12 Sunlight and Ventilation

The applicant has submitted solar access diagrams demonstrating compliance of individual units with solar access requirements.  As the site is located within a re-development precinct, the solar access analysis has taken into account the overshadowing impacts from future five storey development on adjoining sites.  Council’s assessment concludes that more than 70% of the units would receive a minimum 2 hours solar access between 9 am and 3 pm during the Winter Solstice.

Concerns have been raised regarding overshadowing of the property located at No. 49 Lords Avenue.  The proposal would not have any solar access impacts on the adjoining property, as the morning shadow will mainly project upon Lords Avenue and would move towards properties immediately to the south as the day advances.

The extent of overshadowing likely to occur would generally be consistent with that expected within the re-development precinct.

2.11.13 Housing Choice

The proposed building includes a mix of one, two and three bedroom units that range in size and style.  The proposal is for 4 x 1 bedroom, 18 x 2 bedroom and 3 x 3 bedroom units.  The proposed housing mix complies with the HDCP requirement for at least 10% of each dwelling type.  Adaptable dwellings are able to comply with the 30% required by the HDCP

2.11.14 Vehicle Access and Parking

The HDCP permits a reduction for car parking for development located within 800 metres of a railway station.  The proposed car parking complies with the required spaces for resident and visitor spaces and provides for 1 motor cycle space.  The proposed basement car park is over two levels and is accessed via a 6.0 metre wide driveway from Lords Avenue.  The driveway width, ramp gradients and aisle widths have been assessed as satisfactory.  The basement level includes sufficient storage areas for residents and bicycle parking areas and complies with the prescriptive measures of the HDCP.

2.11.15 Lords Avenue, Asquith Precinct

The strategy for redevelopment of this precinct is to incorporate five storey residential flat buildings in garden settings with parking in basements.  The Hornsby DCP states that developments should locate communal open spaces to retain the STIF and trees that form prominent landscape features.

The proposal maintains setbacks generally in accordance with the HDCP retaining significant trees within the rear setback wherever possibleThe development would provide for a landscaped setting and a built-form that is consistent with the desired future outcome for the Lords Avenue, Asquith Precinct.

2.11.16 Waste Management

The proposal includes a waste management plan with details of waste management during the Construction Stage and Use and on-going management.  However, further details are required prior to the issue of a Construction Certificate as addressed by condition in Schedule 1 of this report.

The waste facilities are provided on each residential level and consist of a garbage chute accessed directly from the lobby and a recycling bin in a cupboard. The waste facility on each residential level would provide sufficient space for both the recycling bin and garbage chute.

A bulky waste storage area of at least 8 square metres has been provided on Basement Level 1.

The waste collection point is in an acceptable location and has sufficient space to place all of the bins for servicing.  It is noted that the DCP requires that the bins be serviced from a collection area or areas located behind the building line. The collection area is within the front set back, however it is relatively small and is screened by landscaping so will have minimal impact on the streetscape.

Vehicle turning paths for the SRV waste collection vehicle have been provided demonstration that a garbage truck can reverse in, park on the driveway and forward out.

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

2.11.17 Accessible Design

The applicant provided an Access Compliance Assessment Report prepared by Certified Building Specialists.  The development proposes continuous barrier free access to all floors via a lift and provides access and egress for wheelchairs to the front and rear of the property.  The proposal complies with the requirements of the HDCP with regard to the provision of adaptable and accessible units.  The disabled car spaces within the basement levels are designed to comply with AS 2890.3-2009 Parking facilities – Off street parking for people with a disability.

Subject to recommended conditions, the application is assessed as satisfactory with regard to the HDCP.

2.12      Section 94 Contributions Plans

Hornsby Shire Council Section 94 Development Contributions Plan 2012-2021 applies to the development as it would result in the addition of 25 residential units in lieu of the two existing residences.  Accordingly, the requirement for monetary Section 94 contribution has been recommended as a condition of development consent.

3.         ENVIRONMENTAL IMPACTS

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

3.1        Natural Environment

3.1.1     Tree and Vegetation Preservation

Concerns have been raised regarding tree removal from the development site. 

The site comprises a number of exotic, native planted trees and locally indigenous specimens.  There are two significant trees (numbered 4 and 6) on the eastern boundary which are listed as threatened species.  The applicant provided an “Arboriculture Impact Assessment” prepared by Blue Gum Tree Care and Consultancy and dated October 2014.  The proposal would entail removal of six trees (numbered 1, 2, 5, 7, 9 and 10) as identified in the Tree Location Plan of the submitted Arboricultural Report.  Council raises no concerns to the removal of these trees as they were rated as having “Low Retention Values”.  “Low Retention Values” are not considered a constraint to the design layout.  Some of these trees should be removed irrespective of any proposed development. 

Trees numbered 4, 6 and 8 are to be retained.  It is considered that the scheme is sufficiently distanced to these trees to ensure potential impacts are minimised.  Appropriate conditions for tree protection are recommended.

Subject to conditions requiring replanting as per the submitted Landscape Plan, the proposal would provide adequate tree canopy areas as required within the precinct.  This is addressed under Section 2.1 of this report.

3.1.2     Stormwater Management

The development would connect to Council’s drainage system located in Lords Avenue via an on-site detention tank (OSD) located along the southern side of the site to control the discharge of water from the site.  Council’s engineering assessment concludes that subject to conditions recommended in Schedule 1, the OSD and stormwater management system would minimise the effects of water run-off and maintain natural environmental flows.  Additionally, subject to sediment and erosion control measures being implemented on site during construction, the proposal would comply with the desired outcomes of the HDCP.

3.2        Built Environment

3.2.1     Built Form

The site forms part of the Lords Avenue, Asquith Precinct recently rezoned for five storey residential flat development.  The future built form envisage by Council is provided for in Council’s planning controls as discussed in Section 2.11.

The elevations of the proposed development have been designed with regard to the future residential development at their perimeters in respect to compliant setbacks to habitable space and balconies and additional planting minimizing overlooking of adjoining residents.

The building would be located within a precinct identified with a future character of five storey residential flat buildings in a 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

The applicant provided a ‘Traffic and Parking Study’ prepared by SafeWay - Traffic Management Solutions, dated August 2014.  The Report concludes that:

·              The proposed site is very well located to the local and greater Sydney region via a number of public transport services.  Furthermore, the site is within comfortable walking distance of many shops and amenities that are likely to be regularly utilised by prospective residents.

·              The proposed site will generate approximately 128 daily trips and 13 peak hour trips according to the RMS guide (2002).  Due to the anticipated low propensity to drive, these rates were considered conservative.

·              Regardless, such traffic volumes were considered to be minor and can be accommodated at the nearby intersections without affecting intersection performance or increasing delays and queues.

·              The car parking facility indicates that the design is generally compliant with the Council’s DCP and AS 2890.1-2004.

·              The swept path analysis revealed that there is sufficient manoeuvrability at the critical car parking spaces within the proposed car park.

·              It is recommended to incorporate the use of convex safety mirrors at each ramp to alert the motorists of other approaching vehicles.

Council has undertaken an assessment of the overall traffic impact of the redeveloped precinct on the locality. 

The Traffic Impact Assessment (TIA) has estimated traffic generation of the existing site and proposed development using RMS traffic generation rates from Guide to Traffic Generating Developments (2002) at 13 peak hour trips.  The TIA should have used current RMS data and discounted the development traffic by that generated by the existing dwellings to arrive at net traffic generation.  The use of current RMS data gives lower peak hour trips in the AM peak and PM peak hour.  Although peak hour traffic generation may appear to be negligible when compared with the traffic volumes on the adjacent road network for this development alone, the cumulative traffic impacts of all sites earmarked for redevelopment in the precinct will be significant.  The cumulative impact has been considered in the strategic transport model for the housing strategy.  The required traffic management improvements have been included in the Section 94 contributions plan.

Access to the proposed development would be from Lords Avenue, which is a two lane residential road.  On street parking is available on both sides of Lords Avenue.

A turning path analysis was provided showing that the small-rigid vehicle (SRV) garbage collection vehicle is able to reverse into the site and depart in a forward direction without requiring parking restrictions on either side of the road. 

A condition of consent is recommended for the applicant to provide a ‘Traffic Control Plan’ prior to the commencement of any works to ensure that no pedestrian or vehicle circulation conflicts are generated during the construction stage.

3.3        Social Impacts

The residential development would improve housing choice in the locality by providing a range of house hold types.  This is consistent with Council’s Housing Strategy which identifies the need to provide a mix of housing options to meet future demographic needs in Hornsby Shire.

The location of the development is in close proximity to Asquith Railway Station, commercial town centre, recreational, health and education facilities for future residents.

3.4        Economic Impacts

The development would result in a positive economic impact on the locality via employment generation during construction and minor increase in demand for local services following completion of the development.

4.         SITE SUITABILITY

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

The subject site is zoned for five storey apartment buildings and the proposal involves the erection of a five storey apartment building.  The site is not identified as bushfire prone, flood prone or bushland.  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 10 September 2014 and 24 September 2014 in accordance with Council’s Development Control Plan 2013.  During this period, Council received two public submissions. The map below illustrates the location of those nearby landowners who made a submission that are in close proximity to the development site.

NOTIFICATION PLAN

 

 

•       PROPERTIES NOTIFIED

 

 

X      SUBMISSIONS

         RECEIVED

 

          PROPERTY SUBJECT OF DEVELOPMENT

 

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

·              Site isolation of No. 46 Lords Avenue; and

·              Overshadowing impacts.

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

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 construction of a five storey residential flat buildings comprising 25 units and basement car parking.

The proposal would result in an isolated site at No. 46 Lords Avenue, Asquith. The applicant has made reasonable attempts to acquire the subject site in accordance with the Land and Environment Courts principals, however, negotiations have not been successful.

Notwithstanding, the proposed development is generally in accordance with the objectives for the ‘Lords Avenue, Asquith’ Precinct and stipulated controls under the Hornsby DCP and would contribute to the future desired five storey residential character of the precinct.  With conditions, the minor non-compliances with prescriptive measures for setbacks are considered acceptable.  The proposal complies with the design principles of SEPP 65 and the Residential Flat Design Code.

The proposal would result in a development that would be in keeping with the desired future character of the precinct.

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.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Manager – Development Assessments – Rodney Pickles, who can be contacted on 9847 6731.

 

 

 

 

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 and Sections

 

 

6.View

Shadow Diagram

 

 

7.View

Landscape Plan

 

 

8.View

Schedule of Materials and Colours

 

 

 

 

File Reference:           DA/1221/2014

Document Number:    D06555103

 


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:

Approved Plans

Plan No.

Plan Title

Drawn by

Dated

DA-001 – Revision F

Site Plan

Bureau SRH Architecture

07.07.2015

DA-002 – Revision E

Basement 1 Floor Plan

Bureau SRH Architecture

07.07.2015

DA-101 – Revision F

Basement 2 Floor Plan

Bureau SRH Architecture

07.07.2015

DA-103 – Revision L

Ground Floor Plan

Bureau SRH Architecture

28.08.2015

DA-104 – Revision J

Level 1-2 Floor Plan

Bureau SRH Architecture

07.07.2015

DA-106 – Revision G

Level 3 Floor Plan

Bureau SRH Architecture

07.07.2015

DA-107 – Revision J

Level 4 Floor Plan

Bureau SRH Architecture

07.07.2015

DA-108 – Revision F

Roof Plan

Bureau SRH Architecture

07.07.2015

DA-201 – Revision G – Sheet 1

Proposed Elevations

Bureau SRH Architecture

07.07.2015

DA-202 – Revision F – Sheet 2

Proposed Elevations

Bureau SRH Architecture

07.07.2015

DA-301 – Revision H

Section A-A

Bureau SRH Architecture

07.07.2015

DA-302 – Revision G

Section B-B

Bureau SRH Architecture

07.07.2015

DA-401 – Revision D

Shadow Diagrams

Bureau SRH Architecture

07.07.2015

SK01 – Revision F

Landscape Plan

Bureau SRH Architecture

07.07.2015

Revision B

Materials Schedule

Bureau SRH Architecture

16.07.2015

Supporting Documentation

Document

Drawn by

Dated

Basement Stormwater Management Layouts – Issue DD

Alw Design – Civil Engineering Consultants

28/08/2015

Site Stormwater Management Layout – Issue DD

Alw Design – Civil Engineering Consultants

28/08/2015

Photomontages – Revision C

Bureau SRH Architecture

16.07.2015

BASIX Certificate No. 580936M_02

Building and Sustainability Assessments

10 July 2015

ABSA Assessor Energy Certificate No. 14911144

Building and Sustainability Assessments

10 October 2014

SEPP 65 Design Verification Statement

Bureau SRH Architecture

Undated

Traffic Impact Assessment and Car Parking Certification

Safeway – Traffic Management Solutions

February 2015

Waste Management Plan

Bureau SRH Architecture

07.10.2014

Access Compliance Assessment Report

Certified Building Specialists

8 October 2014

Arboricultural Impact Assessment

Bluegum – Tree care and Consultancy

October 2014

Rail and Traffic Noise Report – Reference 2588/D02

Sebastian Giglio – Acoustic Consultant

10 October 2014

2.         Construction Certificate

a)         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.

b)         The Construction Certificate plans must be consistent with the Development Consent plans.

3.         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

$28,248.85

Open Space and Recreation

$299,223.25

Community Facilities

$41,706.76

Plan Preparation and Administration

$1,247.25

TOTAL

$370,426.10

 

being for 4 x 1 bedroom units, 18 x 2 bedroom units and 3 x 3 bedroom units and including a credit for two existing dwelling-houses.

b)         The value of this contribution is current as at 2 September 2015.  If the contributions are not paid within the financial quarter that this condition was generated, 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 applicable in this Development Consent Condition.

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.

4.         Removal of Existing Trees

This development consent only permits the removal of tree(s) numbered 1, 2, 5 7, 9 and 10 as identified in Tree Location Plan (appendix 1) of the Arboricultural Impact Report prepared by Advanced Tree Consulting dated October 2014. 

The removal of any other trees requires separate approval under in accordance with the Tree and Vegetation Chapter 1B.6 of the Hornsby Development Control Plan (DCP).

5.         Project Arborist

A Project Arborist (AQF5 qualified) is to be appointed in accordance with AS 4970-2009 (1.4.4) to oversee installation of trunk protection measures, monitor the integrity of the tree protection methods, record any modifications or alterations to the tree protection zone fencing for the duration of the construction period and provide all required certification throughout the development process. The details of the appointed Arborist are to be provided to Council and the PCA prior to the issue of the construction certificate.

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 relevant 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.

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; 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.

9.         Utility Services

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

a)         Ausgrid (formerly 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

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.

11.        Dilapidation Report

A ‘Dilapidation Report’ is to be prepared by a ‘chartered structural engineer’ detailing the structural condition of Nos. 38 and 46 Lords Avenue and Nos. 445 and 447 Pacific Highway in Asquith.

12.        Accessible Units

The development is required to provide eight units designed as adaptable housing pursuant to the requirements of 1C.2.2 of the Hornsby Development Control Plan 2013.   In this regard, three parking spaces are to be designed for people with a disability and allocated to three adaptable units.  The details of all adaptable units must be provided with the Construction Certificate plans. 

13.        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.

14.        Construction Traffic Management Plan

A Construction Traffic Management Plan (CTMP) detailing construction vehicle routes, number of trucks, hours of operation, access arrangements and traffic control shall be submitted to Council prior to the issue of a construction certificate.  Council will review the CTMP, agree any modifications with the proponent and enforce the CTMP during construction.

15.        Stormwater Drainage

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

a)          Connected to the extension of an existing Council piped drainage system in Lords Avenue.

b)         In regard to HDCP2013 s1C.1.2.j, a minimum of 80% of roof and patio areas of the top floor to be drained to the proposed harvesting system and subsequently the on-site detention system. Details to be shown on hydraulic plans.

c)          The internal drainage system be piped to contain at least the 20 year Average Recurrence Interval storm event, with an emergency outlet system to drain storm events in excess of the 20 year ARI to be drained directly to the Council controlled drainage system.

16.        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 14.7 cubic metres, and a maximum discharge (when full) of 27 litres per second.

b)         Have a 900mm x 900mm surcharge/inspection grate located directly above the outlet at least.

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)         Provision of an emergency overflow system for storms in excess of the 20 year average recurrence interval;

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

17.        Road Works

All road works approved under this consent must be constructed in accordance with Council’s Civil Works Design and Construction Specification 2005 and the following requirements:

a)         Council’s standard 150 mm integral kerb and gutter to be constructed across the frontage of the properties with a minimum road shoulder pavement width of 4.5 metres together with drainage connection work.

b)         An 80 mm thick concrete footpath to be constructed within the road verge with the remaining area turfed.

c)         A vehicular crossing shall be constructed using levels provided by application to Council.

d)         The existing road pavement to be saw cut a minimum of 4.5m from the existing edge of the bitumen and reconstructed.

e)         All existing utilities and services shall be adjusted to suit the work at the Applicants cost;

f)          The submission of a compaction certificate from a geotechnical engineer for any fill within road reserves, and all road sub-grade and road pavement materials.

g)         Pursuant to s138 Roads Act 1993, an Application shall be made to Hornsby Shire Council for consideration and approval of the proposed Council-controlled drainage works, prior to the release of that Construction Certificate. Application requires payment of Council’s fee for assessment, approval and compliance inspection.

18.        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, or be the subject of a Construction Certificate to Council as Roads Authority.  You are advised to contact Council on 02 9847 6940 to obtain a list of contractors.

19.        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.

20.        Internal Driveway/Vehicular Areas

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

a)         Design levels at the front boundary must be obtained by Application from Council;

b)         The driveway must be a rigid pavement;

c)         The driveway grade for SRV access must not exceed 15.4 percent and changes in grade must not exceed 8.3 percent per 4.0m of travel, with provision of 3.5m of SRV clearance in servicing and manoeuvring areas,

d)         The driveway ramp shall have suitable provision for drainage;

e)         Retaining walls required supporting the basement ramp and the compaction of all fill batters must be in accordance with the requirements of a chartered structural engineer.

21.        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". 

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 may be issued for any non-compliance with this requirement without any further notification or warning.

26.        Tree Protection Barriers

a)         Tree protection fencing must be erected around trees numbered 4, 6 and 8. The fencing is to be to be retained at the following setbacks:

HDCP Section 1B.6.1 (i).

TRZ

   Trees with a diameter at breast height greater than 800mm

9m

Trees with a diameter at breast height between 400mm and 800mm

7m

   Trees with a diameter at breast height less than 400mm

4m

 

b)         The tree fencing must be constructed as indicated in figure C of the recommendations within the supplied Aboricultural Impact Assessment supplied by blue Gum Tree Care and Consultancy dated October 2014.  The 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.

c)         To avoid injury or damage, trees numbered 4, 6, and 8 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.

REQUIREMENTS DURING DEMOLITION AND CONSTRUCTION

27.        Construction Work Hours

All work on site (including demolition and earth works) must only occur between 7 am and 5 pm Monday to Saturday (unless otherwise approved in writing by Council due to extenuating circumstances).  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 Lords Avenue 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.

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

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.        Survey Report – Finished Floor Level

A report(s) must be prepared by a registered surveyor and submitted to the principal certifying authority;

a)          Prior to the pouring of concrete at each level of the building certifying that:

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

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

b)         Confirming that the waste collection vehicle turning area complies with AS2890.1 – 2004 and AS20890.2 – 2002 for small rigid vehicles (SRV).

36.        Works Near Trees

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

Installation of the garage, services and retaining walls must employ the following:

a)          All required tree protection measures are to be maintained in accordance with AS 4373-2009 (Section.4) for the duration of the construction period.

b)         Should the excavation of any underground services (i.e. drainage/sewer/stormwater) be approved within the specified TPZ of tree to be retained on the subject property or neighbouring property, excavation by hand ONLY shall be undertaken.  

c)          Excavation works near trees must be carried out under the supervision of the Project Arborist.

d)         Installation of garage concrete foundation should employ Tree sensitive construction techniques such as hand excavation is to be undertaken for all works within the TPZ’s of any tree to be retained. Tree Protection Fencing must be maintained during the entire construction period. 

e)          All machinery to be cleaned of soil and debris before entering the site to prevent the spread of weeds and fungal pathogens.

f)          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 the TPZ of any tree and adjoining bushland to be retained.

37.        Traffic Control Plan Compliance

The development must be carried out in accordance with the submitted Traffic Control Plan (TCP).

38.        Construction Noise Management

The construction works must be undertaken in accordance with the “Interim Construction Noise Guidelines – 2009” published by NSW Environmental Protection Authority.

39.        Work Zone

All construction vehicles associated with the proposed development are to be contained on site or in a Local Traffic Committee (LTC) approved “Work Zone”.

40.        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.

41.        Project Arborist

During the construction phase of the development the Project Arborist must regularly (monthly) assess the condition and the growing environment of tree Nos. T4, T6 and T8 and make recommendations for, and if necessary carry out, remedial action to ensure the health and vigour of the trees.

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.

42.        Fulfilment of BASIX Commitments

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

43.        Sydney Water – s73 Certificate

An s73 Certificate must be obtained from Sydney Water.

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.

44.        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 Civil Works Specifications.  Council’s Restorations Supervision must be notified for a formwork inspection prior to pouring concrete.

45.        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 and gutter, public drainage systems, driveways and on-site detention system.

46.        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).

47.        Consolidation of Allotments

All allotments the subject of this consent must be consolidated into one allotment prior to the issue of the Occupation Certificate.

Note:  The applicant is recommended to submit the plan of subdivision to consolidate allotments to the NSW Department of Lands at least 4-6 weeks prior to seeking an occupation certificate.

48.        Storage

Each dwelling within the development must be provided and allocated a minimum area for storage (not including bedroom and kitchen cupboards) of 6m³ for one bedroom units, 8m³ for two bedroom units and 10m³ for three bedroom units, where 50% is required to be located within the apartment and accessible from either the hall or living area and the balance provided in the basement.

49.        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 pm and 10 pm.

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.        Safety and Security

This site must include the following elements:

a)         An intercom system must be installed at gate locations to ensure screening of persons entering the units.

b)         The entry doors to the pedestrian foyer is to be constructed of safety rated glass to enable residents a clear line of site before entering or exiting the residential apartments.

c)         Lighting is to be provided to pathways, building foyer entries, driveways and common external spaces.

d)         Security gate access is to be provided to the car parking areas allowing residents-only access to private car spaces.

e)         The communal open space, at the rear and north of the site must be illuminated with high luminance by motion sensor lighting.

f)          The driveway and basement car parking must be illuminated with low luminance at all times.

g)         Security deadlocks are to be provided to each apartment door.

h)         Peep holes are to be provided to individual apartment doors to promote resident safety.

52.        Provision for National Broadband Network (NBN)

Provision must be made for fibre ready passive infrastructure (pits and pipes) generally in accordance with NBN Co's pit and pipe installation guidelines to service the proposed development. A certificate from NBN Co or Telstra must be submitted to the PCA that the fibre optic cabling provided for the development complies with MDU Building Design Guides for Development.

53.        Installation of Privacy Devices

The following device(s) must be installed to maintain an element of privacy at the rear elevation (Eastern Elevation):

a)          All glass balustrades must be opaque glass.

54.        Certificate of Preservation of Survey Marks 

A certificate by a Registered Surveyor shall be submitted to the Principal Certifying Authority, certifying that there has been no removal, damage, destruction, displacement or defacing of the existing survey marks in the vicinity of the proposed development or otherwise the re-establishment of damaged, removed or displaced survey marks has been undertaken in accordance with the Surveyor General’s Direction No.11 – “Preservation of Survey Infrastructure”.

55.        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.

56.        Waste Management Details

The following waste management requirements must be complied with:

a)         Prior to an Occupation Certificate being issued or the use commencing, whichever is earlier, the Principal Certifying Authority must obtain Council’s approval of the waste and recycling management facilities provided in the development and ensure arrangements are in place for domestic waste collection by Council.

Note: Waste and recycling management facilities includes everything required for on-going waste management on the site. For example the garbage chute system, volume handling equipment, bin lifter, motorised bin trolley or similar, recycling bin storage on each residential level, bin storage areas, bulky waste storage area, bin collection area, waste collection vehicle access, etc.

b)         The garbage rooms 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, and must be lockable. The waste facility rooms/cupboards at each residential level must include sealed and impervious surface, adequate lighting and ventilation.

c)         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.

d)         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.

e)         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.

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

Note: Ramps between different levels are acceptable.

g)         Access to the automatic waste volume handling equipment by unauthorised persons (including residents and waste collectors) must be prevented.

Note: Caging of the automatic volume handling equipment is acceptable.

57.        Creation of Easements

The following matter(s) must be nominated on the title under s88B or s88E of the Conveyancing Act 1919:

a)         An easement for access for Council’s waste and recycling vehicles, using terms available from Council, over that part of the land required for SRV service.

b)         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 shall be clearly marked on the title.

c)         To register the OSD easement, the restriction on the use of land “works-as-executed” details of the on-site-detention system 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.

58.        Maintain Canopy Cover

To maintain canopy cover, six medium to large trees are to be planted on the subject site. These trees are to be selected from Council’s booklet ‘Indigenous Plants for the Bushland Shire’ such as:

Backhousia myrtifolia

Grey Myrtle

Syncarpia glomulifera

Turpentine

Angophora costata

Sydney Red Gum

Glochidion ferdinandi var. ferdinandi

Cheese Tree

The planting location shall not be within 4 metres of the foundation walls of a dwelling or in-ground pool.  The pot size is to be a minimum 25 litres and the tree(s) 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 9 metres.

59.        Footpath

Concrete footpaths must be constructed along the full frontage of the subject site in Lords Avenue in accordance Council’s Civil Works Design and Construction Specification 2005 and the following requirements:

a)          The land adjoining the footpath to be fully turfed.

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

c)          A construction Certificate is to be obtained from Council.

d)         All details must be submitted with the Construction Certificate Plans.

60.        Unit Numbering

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

61.        Final Certification – Tree Protection

Following the final inspection and the completion of any remedial works, the project Arborist must submit to the Principal Certifying Authority documentation stating that the completed works have been carried out in compliance with the approved plans and specifications for tree protection as above and AS 4970-2009.

OPERATIONAL CONDITIONS

62.        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.

63.        Car Parking Facility

a)         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.

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

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

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

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

b)         Any proposed landscaping and/or fencing must not restrict sight distance to pedestrians and cyclists travelling along the footpath.

c)         Residential parking spaces are to be secure spaces with access controlled by card or numeric pad. 

d)         Visitors must be able to access the visitor parking spaces in the basement car park at all times.

e)         All parking for people with disabilities is to comply with AS/NZS 2890.6:2009 Off-street parking for people with disabilities.

f)          Twelve secure bicycle spaces are to be provided for residential bicycle parking.

g)         Bicycle parking spaces are to be designed in accordance with AS 2890.3-1993 ‘Bicycle parking facilities’.

h)         Motorcycle parking spaces are to be designed in accordance with AS 2890.5-1993.

i)          Convex mirrors shall be installed at key locations within the basement one lane ramps (south-eastern corner of basement) to provide indivisibility for drivers manoeuvring in/out of the basement car park.

64.        Waste Management

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, arranging the prompt removal of dumped rubbish, and ensuring all residents are informed of the use of the waste management system. The site caretaker must be employed for a sufficient number of hours each week to allow all waste management responsibilities to be carried out to a satisfactory standard.

- END OF CONDITIONS -

ADVISORY NOTES

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

Environmental Planning and Assessment Act 1979 Requirements

·              The issue of a construction certificate prior to the commencement of any works.  Enquiries 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 and Vegetation Preservation

In accordance with Clause 5.9 of the Hornsby Local Environmental Plan 2013 a person must not ringbark, cut down, top, lop, remove, injure or wilfully destroy any tree or other vegetation protected under the Hornsby Development Control Plan 2013 without the authority conferred by development consent or a permit granted by Council.

Notes:  A tree is defined as a long lived, woody perennial plant with one or relatively few main stems with the potential to grow to a height greater than 3 metres.  (HDCP 1B.6.1.c)

Tree protection measures and distances are determined using the Australian Standard AS 4970:2009, “Protection of Trees on Development Sites”.

Fines may be imposed for non-compliance with both the Hornsby Local Environmental Plan 2013 and the Hornsby Development Control Plan 2013.

Disability Discrimination Act

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

Dial Before You Dig

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

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.

House/Unit 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 prior to the issue of a Subdivision Certificate.  The authorised numbers are required to comply with Council’s Property Numbering Policy and be displayed in a clear manner at or near the main entrance to each premise.

Occupation Certificate Requirements

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 certifying that the necessary re-establishment of any damaged, removed or displaced survey marks has been undertaken in accordance with the Surveyor General’s Direction No. 11 – “Preservation of Survey Infrastructure”.

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

 


 

Group Manager’s Report No. PL76/15

Planning Division

Date of Meeting: 14/10/2015

 

8        DEVELOPMENT APPLICATION - THREE STOREY MIXED USE DEVELOPMENT - 11 BRIDGE ROAD AND 73 JERSEY STREET NORTH, HORNSBY   

 

 

EXECUTIVE SUMMARY

DA No:

DA/1290/2014 (Lodged 23 October 2014)   

Description:

Erection of a three storey mixed use development comprising 16 residential units above three commercial units and basement car parking

Property:

Lot 1 DP 658957 and Lot 1 DP 656411, No. 11 Bridge Road and No. 73 Jersey Street North, Hornsby

Applicant:

MacKenzie Architects International

Owner:

Mrs Christina Nicolette Katelairs, Mr Phillip Mark Katelairs

Estimated Value:

$4,350,720

Ward:

B

·              The application involves erection of a three storey mixed use development comprising 16 residential units above three commercial units and basement car parking.

·              The proposal complies with State Environmental Planning Policy No. 65 – Design Quality Residential Flat Development, and is generally in accordance with the Residential Flat Design Code and the Hornsby Development Control Plan 2013.

·              The applicant has made a submission in accordance with Clause 4.6 ‘Exceptions to development standards’ of the Hornsby Local Environmental Plan 2013 to vary Clause 4.4 “Floor Space Ratio”. The submission is considered well founded and is supported.

·              Six submissions from residents of three properties have been received.

·              It is recommended that the application be approved as a deferred commencement requiring submission of a Geotechnical report and structural drawings to the satisfaction of RailCorp.

RECOMMENDATION

THAT Council assume the concurrence of the Secretary of the Department of Planning and Environment pursuant to Clause 4.6 of the Hornsby Local Environmental Plan 2013 and approve Development Application No. 1290/2014  for demolition of existing structures and erection of a three storey mixed use development comprising shop-top housing with 16 residential units above three commercial units and basement car parking at Lot 1 DP 658957 and Lot 1 DP 656411, No. 11 Bridge Road and No. 73 Jersey Street North, Hornsby 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. PL76/15.

 


BACKGROUND

The application was lodged on 23 October 2014. The initial proposal sought approval for shop-top housing over commercial units and serviced apartments.

The application was notified between 6 November 2014 and 20 November 2014.

Council raised concerns regarding the proposed ground floor use, proximity of the development to existing trees within neighbouring properties and truck access to the site. Accordingly, the applicant was requested to submit amended plans addressing Council’s concerns on 4 December 2014 and 21 January 2015.

Following meetings with Council officers, amended plans were lodged on 31 March 2015. The amended proposal deleted the serviced apartments and proposed three commercial units on the ground floor below shop-top housing comprising 16 residential units.

The application was re-notified between 10 April 2015 and 24 April 2015.

Further information regarding cross ventilation and solar access to units, waste management, tree protection measures, heavy rigid truck (HRV) access to the site and engineering matters were requested by Council on 4 May 2015.

Amended plans addressing Council’s concerns were submitted on 21 July 2015 and 17 August 2015.

The applicant submitted a further Arboricultural Impact Assessment Report addressing the tree protection issues on 7 September 2015.

SITE

The site comprises two allotments, No. 11 Bridge Road and No. 73 Jersey Street North. The site is an irregular shaped parcel of land with a 49m frontage to Jersey Street North, 27.5m frontage to Bridge Road and a total site area of 1669 square metres.

The site experiences a minor fall from the north-western corner (rear) to the south-eastern corner at Bridge Road with an average grade of 6%. The site also has a minor fall from the northern-western corner towards Jersey Street (east). The site contains two dwelling-houses with associated outbuildings and landscaping and a number of exotic, native and locally indigenous trees.

The site is located on the northern side of Bridge Road at its intersection with Jersey Street North and within 600m of Hornsby Train Station and Westfield Shopping Centre. The Northern Railway corridor is located within 23m of the site, on the opposite side of Jersey Street North.

An L-shaped three storey residential flat building with associated driveways and at-grade parking is located on the northern and western boundaries of the site. Driveways providing access to this development adjoin the common boundaries. The buildings are located beyond the driveways with balconies facing the subject site. Two rows of matured Leyland cypress (pine) trees (approximately 12m high) within the adjoining property screen the northern and western boundaries of the site. The office of ‘Services New South Wales’ is located to the west of this building.

PROPOSAL

The proposal involves a three-storey mixed use development comprising ground floor commercial developments with shop-top housing over one level of basement car-park and at-grade parking at the rear. The details of the development are provided below:

·              One level of basement car-park comprising 20 car spaces, 5 bicycle spaces and residential storage areas;

·              Three commercial premises with a gross floor area of 369.5m2;

·              The ground level would also include the following:

o     Access driveway along the northern boundary from Jersey Street North;

o     Covered at-grade parking with 9 car spaces for commercial use at the rear of the units;

o     Pedestrian access to the commercial units directly from the street frontages and from the rear car park;

o     Loading dock for Heavy Rigid Vehicle access;

o     Separate garbage rooms for commercial and residential uses; and

o     The entry foyer with lift and stairs for pedestrian access to the residential component of the building from Jersey Street North.

·              Two levels of shop-top housing with 16 units comprising 4 x 1-br, 11 x 2-br and 1 x 3-br units;

·              The gross floor area of the residential development is 1321m2;

·              The units at the first floor include larger private open space over the commercial podium while the remaining upper floor units include balconies;

·              A common recreational area is proposed at the rear of the ground floor;

·              A continuous awning over the footpath along both frontages of the development; and

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

ASSESSMENT

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

A Plan for Growing Sydney has been prepared by the NSW State Government to guide land use planning decisions for the next 20 years. The Plan sets a strategy for accommodating Sydney’s future population growth and identifies the need to deliver 689,000 new jobs and 664,000 new homes by 2031.  The Plan identifies that the most suitable areas for new housing are in locations close to jobs, public transport, community facilities and services.

The NSW Government will use the subregional planning process to define objectives and set goals for job creation, housing supply and choice in each subregion.  Hornsby Shire has been grouped with Hunters Hill, Ku-ring-gai, Lane Cove, Manly, Mosman, North Sydney, Pittwater, Ryde, Warringah and Willoughby to form the North Subregion.  The Draft North Subregional Strategy will be reviewed and the Government will set housing targets and monitor supply to ensure planning controls are in place to stimulate housing development.

The proposed development would be consistent with ‘A Plan for Growing Sydney’, by providing additional dwellings that contribute to housing choice in the locality and additional commercial services to support a 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 Local Environmental Plan 2013

The proposed development has been assessed having regard to the provisions of the Hornsby Local Environmental Plan 2013 (HLEP).

2.1.1     Zoning of Land and Permissibility

The subject land is zoned B4 Mixed Use zone under the HLEP.  The objectives of the B4 zone are:

(a)        To provide a mixture of compatible land uses.

(b)        To integrate suitable business, office, residential, retail and other development in accessible locations so as to maximise public transport patronage and encourage walking and cycling.

The proposed development is defined as “Commercial premises” and “Shop top housing” and is permissible in the zone with Council’s consent.

2.1.2     Height of Buildings

Clause 4.3 of the HLEP provides that the height of a building on any land should not exceed the maximum height shown for the land on the Height of Buildings Map.  The maximum permissible height for the subject site is 12m.  The development proposes a maximum height of 12m and complies with this provision.

2.1.3     Floor Space Ratio

Clause 4.4(2) of the HLEP provides that the floor space ratio (FSR) on any land is not to exceed the maximum shown for the land on the Floor Space Ratio Map. The maximum permissible FSR for the precinct in accordance with the map is 1:1.  The proposed development would result in a FSR of 1.01:1 which does not comply with Clause 4.4 of the HLEP.  The applicant has made a submission in support of a variation to the development standard in accordance with Clause 4.6 of the HLEP and is discussed in Section 2.1.4 of this report.

2.1.4     Exceptions to Development Standards

Clause 4.6 of the HLEP provides flexibility in the application of the development standards in circumstances where strict compliance with those standards would, in any particular case, be unreasonable or unnecessary or hinder the attainment of the objectives of the zone.

As stated above, the proposal would exceed the FSR requirements of 1:1 applicable to the site. The objective of this Clause is:

·              to permit development of a bulk and scale that is appropriate for the site constraints, development potential and infrastructure capacity of the locality.

The applicant has made a submission in support of a variation to the development standard by 0.01:1 in accordance with Clause 4.6 of the HLEP. 

The applicant states the proposed variation is considered to be consistent with the objectives of Clause 4.4 control and is justified as follows:

·              The height of the development would comply with the HLEP requirements. This would ensure that the scale of the building is in accordance with the desired future character of the area.

·              The proposed development has been designed after analysing the context of the site and it is considered that the proposed floor space would complement the existing infrastructure capacity of the locality, being the fringe of the Hornsby Town Centre.

·              The proposed articulation of the built form and the recessed upper levels would ensure that the additional floor space is not discernibly noticeable from the streets.

·              The proposed building would be surrounded by three to four storey residential developments to the north and west. The resultant bulk and scale of the building would be compatible with the existing context of the site and would not impact on the heritage item in the near vicinity;

·              The additional floor space would be distributed throughout the site and would not result in any adverse amenity impacts on the residents of the neighbouring properties;

·              The traffic modelling concludes that the impact of the development on the surrounding traffic network is acceptable.

·              The proposal would result in a number of distinct public benefits as follows:

o     Creation of jobs both during the construction stage and post development;

o     Delivery of additional housing within close proximity to the town centre; and

o     Activation at the street level by proposed commercial developments wrapping the corner.

Comment: The application was lodged with Council on 23 October 2014 and included a request pursuant to Clause 4.6 of the HLEP to support the departure to the ‘Floor Space Ratio’ development standard. At the time of assessment of this application, Council considered the purpose and objective of Clause 4.6 to be similar to State Environmental Planning Policy No.1 – Development Standards (SEPP 1) which previously provided flexibility in applying development standards. Based on this assumption, it was concluded that the proposed FSR complies with the intent of Clause 4.4 – Floor Space Ratio and that the applicant’s submission is considered acceptable due to the following reasons:

·              The development would result in 21sqm of additional commercial floor space which is considered minor having regard to the scale of the development.

·              The floor space would not be noticeable in the context of the development and surrounding built environment. The proposal would not result in a superior development outcome, should this floor space be deleted.

·              The development includes ground level commercial facilities with a zero setback from the street as per the Hornsby Development Control Plan 2013.  The additional floor space would be contained within the commercial floor and would facilitate employment generating development. This is considered to be a reasonable and better outcome for the site.

·              The land currently comprises two dwelling houses. The development would result in orderly and economic development of underutilised land in close proximity to the town centre and the railway station, without further impacting on the amenity of the neighbouring properties. It is considered that the development would be appropriate for the character and infrastructure of the locality.

Following the lodgement of this application, on 30 January 2015, Commissioner Pearson of the Land & Environment Court passed a judgement in the case of Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 1009, which established that “To accept a departure from the development standard, the context of the site should be considered and it should be demonstrated that the development promotes the proper and orderly development of land as contemplated by the controls applicable to the zone of the land, which is an objective of the Act (s 5(a)(ii)) and which it can be assumed is within the scope of the “environmental planning grounds” referred to in cl 4.6(4)(a)(i) of the LEP”.

The judgement determined that the environmental planning grounds, such as the public benefits arising from the additional housing and employment opportunities identified in a written request are not considered to be particular to the circumstances of a proposed development on a site. In accordance with the views expressed in this decision, sufficient environmental planning grounds, unique to a site, must be demonstrated by the applicant, in order for the Clause 4.6 variation request to be upheld.

Whilst the submitted Clause 4.6 request demonstrates that the development is consistent with the objectives of this Clause, it does not include a context that is unique to the subject site, for which the additional floor space should be acceptable. However, as stated earlier in this report, the development application and the accompanying Clause 4.6 variation were lodged with Council prior to this judgement and was accepted. Notwithstanding the criteria established by the above judgement, the development provides a reasonable outcome for the site complying with the desired future character of the locality, without impacting on the amenity of the neighbouring properties.

Based on this assessment, the non-compliance with the development standard is supported.

2.1.5     Heritage Conservation

Clause 5.10 of the HLEP sets out heritage conservation provisions for Hornsby Shire.  The site does not include a heritage item and is not located in a heritage conservation area.  The site is located in the near vicinity of the Hornsby SRA electricity plant on Jersey Street, listed as heritage item of local significance pursuant to Schedule 5 of the HLEP. The site is sufficiently separated from this item by existing buildings and the railway bridge. Therefore, redevelopment of this site would not materially impact on the heritage item in the vicinity.

2.1.6     Earthworks

Clause 6.2 of the HLEP states that consent is required for proposed earthworks on site.  Before granting consent for earthworks, Council is required to assess the impacts of the works on adjoining properties, drainage patterns and soil stability of the locality. The site adjoins residential properties to the west and north of the site and the rail corridor to the east, on the opposite side of Jersey Street North. The proposal involves excavation to include a single level basement and driveway providing access to the site. The application was referred to RailCorp regarding assessment of the impact of the excavation on the rail corridor. RailCorp has agreed to apply a deferred commencement condition requiring the submission of a Geotechnical Report based on actual borehole testing conducted at that point of the site, which is closest to the rail corridor.

Council’s assessment of the proposed works and excavation concludes that the proposal is satisfactory subject to conditions regarding submission of a dilapidation report assessing the impact of the excavation on the adjoining residential flat building to the north and west.

2.2        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. Further assessment in this regard is not warranted.

2.3        State Environmental Planning Policy (Building Sustainability Index – BASIX)

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.

2.4        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 the social and economic welfare of the locality and would result in the orderly and economic use of under-utilised land within the Shire.

2.5        State Environmental Planning Policy No. 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 and railways. The development is located immediately adjacent to a rail corridor and has a frontage to a classified road corridor (Pacific Highway). The following matters are required to be considered pursuant to the SEPP.

2.5.1     Excavation Adjacent to Rail Corridors

Clause 86 of the SEPP Infrastructure applies to the development as the proposal involves the penetration of ground to a depth of at least 2 metres within 25 metres of a rail corridor. The application was referred to RailCorp for concurrence in accordance with the provisions of this clause. RailCorp agreed to grant concurrence subject to a deferred commencement condition requiring the submission of the final structural drawings, geotechnical report, ground movement details and detailed survey plans.

Subject to the fulfilment of this condition, the proposal is acceptable with respect to this clause.

2.5.2     Development with Frontage to a Classified Road

The proposal has been assessed against the requirements of Clause 101 as the site has frontages to Jersey Street North and Bridge Road.

The objective of this Clause is:

(a)        to ensure that new development does not compromise the effective and ongoing operation and function of classified roads, and

(b)        to prevent or reduce the potential impact of traffic noise and vehicle emission on development adjacent to classified roads.

The compliance of the proposal with the objectives of this Clause is discussed below.

2.5.2.1  Frontage to Classified Road

The site has frontages to two State Roads, as classified by the RMS, with access provided off Jersey Street North. Both streets typically have two travel lanes per direction restricted to a speed limit of 60km/hour. The Traffic and Parking Impact Assessment submitted with the proposal notes that during peak periods, Jersey Street North carries a maximum of 1094 vehicles per hour.

The Traffic Report estimates the net additional traffic generation due to the proposed development to be 11 and 10 vehicle trips per hour in the AM and PM peak hours respectively, using RMS traffic generation rates. 

The projected increase in traffic activities is minimal when compared to the maximum number of vehicles that is currently accommodated by the local road network surrounding the site. Therefore, the proposal would not have a negative impact on the built environment of the locality due to traffic generation and the application is assessed as satisfactory in this regard.

RMS has reviewed the proposal having regard to its impact on Bridge Road and Jersey Street North and raises no objections subject to conditions of consent. It is considered that the proposed development would not have any adverse impact on the safety, efficient and ongoing operation of the two State Roads.

2.5.2.2  Impact of Vehicle Emissions

The proposed development would have frontages to two State Roads and the impact of vehicle emissions on the development is required to be considered.

The current improvements on the site include dwelling houses that are impacted upon by vehicle emissions and airborne dust particles due to the current traffic flow. The rezoning of the land to permit a higher density mixed use development pursuant to Council’s Housing Strategy has been the subject of consultation with the RMS and endorsed by the Department of Planning, who have not raised concern with regard to air quality in this area. The proposed development includes setbacks, landscaping, deep soil zones generally in accordance with the requirements of the HDCP which would ameliorate the impacts of noise and emissions. The proposed development would result in the net increase of 10-11 vehicles during peak hours and therefore the additional impact due to vehicle emission would be negligible.

Given that the proposed development does not significantly alter the current traffic conditions, no further assessment in this regard is necessary.

As such the design of the development responds to the site context, being in the vicinity of two busy roads and is designed in accordance with the recommendations with the document “Development Near Rail Corridors and Busy Roads – Interim Guidelines 2008”. This includes glazing specifications, construction measures, setbacks, landscaping and deep soil zones that would ameliorate the impacts of noise and emission related impacts.

The application is assessed as satisfactory in this regard.

2.5.3     Impact of Noise

Assessment of the impact of road noise on a residential use is required pursuant to Clause 102 of SEPP Infrastructure where a development fronts a road with an annual average daily traffic volume of more than 40,000 vehicles. The subject site has frontages to Bridge Road and Jersey Street North. However, the average daily traffic volumes on the roads do not exceed 40,000 vehicles and therefore, this clause does not apply to the proposal. Notwithstanding, the Noise and Vibration Assessment submitted with the application demonstrates that the development is capable of achieving reasonable amenity and acoustic privacy. The application was referred to the Roads and Maritime Service (RMS) who recommends a condition for the development to incorporate measures to mitigate against noise to habitable rooms in accordance with the criteria set out within clause 102(3) of the SEPP.

2.5.4     Traffic Generating Developments

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 are raised by RMS with regard to traffic generation.

2.6        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.

2.6.1     State Environmental Planning Policy No. 65 – Design Quality of Residential Flat Development Amendment 3

SEPP 65 was amended on 19 June 2015 following review of the policy by the Department of Planning and Environment. The amendments replace the Residential Flat Design Guidelines with the Apartment Design Guide which prevails in the event of any inconsistency with a Development Control Plan.

Clause 31 (Transitional provisions for SEPP 65 – Amendment No. 3) states that “If a development application or an application for the modification of a development consent has been made before the notification on the NSW legislation website of the making of State Environmental Planning Policy No 65—Design Quality of Residential Flat Development (Amendment No 3) and the application has not been finally determined before the commencement of that amendment, the application must be determined as if the amendment had not commenced.”

Pursuant to the above provision, this amendment would not apply to the subject application and the previous version (Amendment 2) of the SEPP is required to be considered.

2.6.2     Design Principles

The applicant has submitted a “Design Verification Statement” prepared by a qualified Architect 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 in the following table.

 

 

Principle

Compliance

1.         CONTEXT

Yes

Comment: The site is located within a precinct planned for mixed use developments with shop-top housing in close proximity to the Hornsby Railway Station and the Hornsby town centre. The proposal responds to the desired future character of the precinct as envisaged by Council with commercial developments at the ground floor, landscaped setbacks to Bridge Road and underground parking.

The proposal would integrate with the surrounding sites and would be in keeping with the future urban form.  The proposed building would contribute to the identity and future character of the locality.

2.         SCALE

Yes

Comment: The scale of the development is in accordance with the height control and setbacks for the precinct prescribed within the Hornsby Development Control Plan (HDCP). 

The development achieves a scale consistent with the desired outcome for a well-articulated building with a ground level podium and recessed upper level dwellings appropriately separated from the adjoining residential developments.

3.         BUILT FORM

Yes

Comment: The proposed building achieves an appropriate built form for the site and its purpose, in terms of building alignments, proportions, and the manipulation of building elements.  The building would appropriately contribute to the character of the desired future streetscape and includes articulation to minimise the perceived scale.

The proposed materials and finishes would add to the visual interest of the development. Flat roof forms have been adopted with recessed upper levels to minimise the bulk and height of the building as required by the HDCP

4.         DENSITY

Yes

Comment: The proposed density is considered to be sustainable as it responds appropriately to the regional context, availability of infrastructure, public transport and community facilities. The matter is discussed in Section 2.1.4 of this report.

5.         RESOURCE, ENERGY AND WATER EFFICIENCY

Yes

Comment: 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 would achieve efficient use of natural resources, energy and water throughout its full life cycle, including demolition and construction.

6.         LANDSCAPE

Yes

Comment: The application includes a landscape concept plan which provides landscaping along the street frontages, side and rear boundaries.  The proposal has been designed to facilitate the retention of two rows of existing matured Leyland cypress trees located within the neighbouring property along the northern and western boundaries.

Three large trees are proposed along the Bridge Road frontage intercepted by shrubs and hedges which would soften the appearance of the development when viewed from the streets.  Deep soil areas that incorporate canopy trees and turfed zones are provided at the rear which would enhance the development’s natural environmental performance and provide an appropriate landscaped setting. 

7.         AMENITY

Yes

Comment: The proposed units are designed with appropriate room dimensions and layout to maximise amenity for future residents.  The proposal incorporates good design in terms of achieving natural ventilation, solar access and acoustic privacy.  All units incorporate balconies accessible from living areas and privacy has been achieved through appropriate design and orientation of balconies and living areas. Storage areas have been provided within each unit and in the basement level. The proposal would provide convenient and safe access via a central lift connecting the basement and all other levels. 

8.         SAFETY AND SECURITY

Yes

Comment: The design orientates the balconies and windows of individual apartments towards the streets, rear and side boundaries, providing passive surveillance of the public domain and communal open space areas.  Both the pedestrian and vehicular entry points are secured and visibly prominent from Jersey Street North. 

The proposal includes an assessment of the development against crime prevention controls in the Statement of Environmental Effects (SEE).  The SEE has regard to Crime Prevention Through Environmental Design Principles (CPTED) and includes details of surveillance, access control, territorial reinforcement and space management such as artificial lighting in public places; attractive landscaping whilst maintaining clear sight lines; security coded door lock or swipe card entry; physical or symbolic barriers to attract, channel or restrict the movement of people; security controlled access to basement car park; intercom access for pedestrians; and security cameras located at the entrance of the building.  Appropriate conditions of consent are recommended to require compliance with the above matters.

9.         SOCIAL DIMENSIONS AND HOUSING AFFORDABILITY

Yes

Comment: The proposal incorporates a range of unit sizes to cater for different budgets and housing needs.  The development does not comply with the housing choice requirements of the HDCP with regard to the provision of 3-bedroom apartments. The matter has been discussed later in this report.

The development provides a component of adaptable housing and a mix of 1, 2 and 3 bedroom dwellings. The proposal responds to the social context in terms of providing a range of dwelling sizes with good access to social facilities and services as the site is located in close proximity to Hornsby railway station and shops. 

10.        AESTHETICS

Yes

Comment: The architectural treatment of the building incorporates a continuous podium with recessed upper level shop-top housing. A feature element is proposed to address the Bridge Street frontage. Indentations and projections in the exterior walls would articulate the facades. The roof is flat to minimise building height and incorporates eaves.  The articulation of the building, composition of building elements, textures, materials and colours would achieve a built form generally consistent with the design principles contained within the Residential Flat Design Code and the HDCP

2.7        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

29.7%

25%

Yes

Communal Open Space

50% of  the Deep soil zone

25-30%

Yes

Minimum Dwelling Size

1 br – 59.3m2

2 br – 71m2  - 76m2

3 br – 96.4m2

1 br – 50m2

2 br – 70m2

3 br – 95m2

Yes

Yes

Yes

Maximum Kitchen Distance

8m

 

8m

Yes

Minimum Balcony Depth

1.7m - 2m

2m

No

Minimum Ceiling Height

2.8m

2.7m

Yes

Total Storage Area

1 bed - 6m3 (Min)

2 bed - 8m3 (Min)

3 bed - 10m3 (Min)

 

50% accessible from the apartments

1 bed - 6m3 (Min)

2 bed - 8m3 (Min)

3 bed - 10m3 (Min)

 

50% accessible from the apartments

Yes

Dual Aspect and Cross Ventilation

75%

60%

Yes

Adaptable Housing

31%

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 the minimum balcony depth. Below is a brief discussion regarding the relevant development controls and best practice guidelines.

2.7.1     Apartment Layout

The layouts of the proposed dwellings include a combination of single and dual aspect corner units that provide for housing choice and a range of household types. The development would not include any single aspect south-facing units.

The apartment layouts are functional and satisfy the RFDC objectives 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 are acceptable in this regard.

2.7.2     Balcony Depth

The proposed balcony depths generally exceed the required 2m depth pursuant to the RFDC. One unit at the top level (Unit 16) incorporates a variable depth of 1.7m – 2m. However, the size of the balcony is reasonable to accommodate outdoor activities. Given that the proposed development is for mixed use with shop top housing, the proposed minor numerical variation is acceptable.

2.7.3     Internal Circulation

The RFDC prescribes that units accessible from a single core/corridor should be limited to eight. A maximum of eight units are accessible from a single core and the development complies with the RFDC in this regard.

2.7.4     Acoustic Privacy

The internal layout of the residential units is designed such that noise generating areas would adjoin each other wherever possible.  Circulation zones, communal areas or fire stairs would act as a buffer between units.  Bedrooms and service areas such as kitchens, bathrooms and laundries would be grouped together wherever possible. It is noted that bedrooms would adjoin the balcony of the adjoining dwelling in certain sections of the building. Solid walls are proposed as buffers in these areas to retain acoustic privacy for future occupants.

2.7.5     Cross Ventilation

As discussed in the table above, the proposal includes 75% cross ventilated units. Cross ventilation for six of the top-storey units is achieved by proposing skylights. A condition of consent is recommended requiring the skylights for the subject units to be operable.

2.7.6     Storage

The proposed building includes resident storage areas for the apartments accessed from a hall or living room.  In addition, common storage areas are delineated at the basement level. The basement plan does not include details of individual storage cages. However, the total area proposed is sufficient to provide storage for the sixteen units in accordance with the requirements of the RFDC, with direct access to the car space for majority of the units. Notwithstanding, a condition is recommended that each dwelling within the development must have a minimum area for storage of 6m³ for one bedroom units, 8m³ for two bedroom units and 10m³ for three bedroom units, where at least 50% is required to be located within the apartment and provided in addition to bedroom and kitchen cupboards. 

In summary, the development is 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 character of the area.

2.8        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 and stormwater management to protect water quality, the proposal would comply with the requirements of management to protect water quality, the proposal would comply with the requirements of the Policy.

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

Clause 74BA of the Environmental Planning and Assessment Act, 1979 states that a DCP provision will have no effect if it prevents or unreasonably restricts development that is otherwise permitted and complies with the development standards 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; facilitate development that is permissible under any such instrument; and achieve the objectives of land zones.  The provisions contained in a DCP are not statutory requirements and are for guidance purposes only.  Consent authorities have flexibility to consider innovative solutions when assessing development proposals, to assist achieve good planning outcomes.

2.10      Hornsby Development Control Plan 2013

The proposed development has been assessed having regard to the relevant desired outcomes and prescriptive requirements within the Hornsby Development Control Plan 2013 (HDCP).  The following table sets out the proposal’s compliance with the prescriptive requirements of the Plan:

Hornsby Development Control Plan 2013

Control

Proposal

Requirement

Compliance

Height

3 storeys - 12m

3 storeys - 12m

Yes

Floor Space ratio

1.01:1

1:1

No

Height of Basement Above Ground

<1m

1m (max)

Yes

Height of Podium

4.8m

8.5m (max)

Yes

Front Setback (Bridge Road)

5m

5m

Yes

Front Setback (Jersey Street North)

0m

0m

Yes

Side Setback (North)

6m

6m

Yes

Rear Setback

 

1m

(4.8m high building)

6m

(above 4.8m height)

1m (up to 8.5m high building)

6m

Yes

 

Upper level setback from Podium level

0m – 3m

3m

No

Basement Ramp Setback

2.35m

2m

Yes

Private Open Space

1br units >10m2

2 br units >12m2

3 br units >16m2

1br units 10m2

2 br units 12m2

3 br units 16m2

Yes

Yes

Yes

Parking

17 resident spaces

3 visitor spaces

9 commercial spaces

 

3 bicycle tracks

2 visitor bicycle racks

 

0 motorbike space

16 resident spaces

3 visitor spaces

8 commercial spaces

3 bicycle tracks

2 visitor bicycle racks

1 Motorbike space

Yes

Yes

Yes

 

Yes

Yes

 

No

Solar Access

75%

70%

Yes

Housing Choice

1br –  units – 25%

2br –  units – 69%

3br –  units – 6%

10% of each type (min)

Yes

Yes

No

Adaptable Units

31%

30%

Yes

As detailed in the above table, the proposed development does not comply with a number of prescriptive requirements within the HDCP.  The matters of non-compliance are detailed below, as well as a brief discussion on compliance with relevant desired outcomes.

2.10.1   Scale

The proposed building complies with the maximum height limit of 12m.

As discussed in Section 2.13 of this report, the proposal does not comply with the maximum permissible floor space ratio applicable to the site. The applicant has submitted justification pursuant to Clause 4.6 of the HLEP to support the variation and the document is assessed as satisfactory. 

The development proposes a scale that is consistent with the established character of the locality and is considered to be an acceptable development outcome for the site.

2.10.2   Setbacks and Building Separation

As noted in the table above, the proposal generally complies with the building setback controls. The compliance of the setbacks with the prescriptive measures within the HDCP is discussed below.

Bridge Road and Jersey Street North Setbacks

The proposal complies with the requirements of the HDCP with regard to the setbacks along the street frontages.

Podium Level

The HDCP requires that a continuous podium, with a maximum height of 8.5m (2 storeys) be provided along the street frontages. The proposal includes a single level podium that wraps the corner of the site, intercepted by landscaped edges, and provides an active street frontage. The HDCP also requires that the upper levels be setback a minimum of 3m from the podium level. Whilst the building façade to Jersey Street North maintains this setback, a section of the building fronting Bridge Road is not recessed at the upper levels.

The applicant submits that the non-compliance relates to the lift shaft, stairs, corridor and one unit only. The design is intentional to achieve a distinct corner treatment via the curved wall that would contribute to the visual interest of the building. Any further recess at this location would deviate from the design philosophy and is therefore not warranted.

Council’s assessment in this regard concludes that the development control within the HDCP regarding the upper level setbacks, intends to create a commercial podium of a human scale with recessed upper levels reducing the intensity of the built form, when viewed from the street. It is strictly applicable to sites with a commercial podium at a zero setback from the street frontage. The proposed building has a setback of 5m from the Bridge Road and includes a landscaped buffer. The podium is single level and human in scale, when viewed from the street. Therefore, an additional setback of 3m for the entire length of the building is not warranted for the subject site. The building façade fronting the longer street frontage (Jersey Street North) includes a continuous setback of 3m at the first floor level and achieves the desired outcome envisaged in the HDCP. The curved wall at the corner contributes positively to the aesthetics of the building and acts as a distinct element between the two street frontages. The wall in association with an 8m long section of the building (Unit 1) along Bridge Road would result in a better design outcome for the site and is considered acceptable.

As such, the non-compliance with the setback is numerically minor and does not result in any additional dwelling yield for the site.

Building Separation and Setbacks - Northern and Western Sides

The RFDC and HDCP require a building separation of 12m between unscreened habitable areas for balconies up to the fourth level for two residential buildings on adjoining sites. Accordingly, all proposed developments are required to provide half of the building separation (being 6m), as setbacks from boundaries. The subject site adjoins residential flat buildings on the northern and the western sides. The development complies with the building separation requirements along these boundaries by proposing a minimum boundary setback of 6m for balconies and unscreened habitable areas at the upper levels.

The balcony for Unit 1 is setback 3.3m from the western boundary which does not comply with the setback requirements of the HDCP. However, the neighbouring development to the west is setback 8m – 11m from the common boundary, resulting in a building separation 12m from the proposed balcony of Unit 1. Given this, the proposed encroachment is acceptable. Notwithstanding, 1.8m high planter boxes are proposed along the western elevation of this balcony to alleviate any overlooking opportunities.  Further, rows of matured Leyland cypress trees act as a buffer between the premises. 

It is considered that the location of the proposed building would maintain appropriate separation from the adjoining residential flat buildings and the proposal is acceptable in this regard.

2.10.3   Open Space

The proposed private open space areas generally comply with the prescriptive area requirements, include a range of layouts with access off living areas and would provide for a range of outdoor activities.  All units comply with the minimum open space areas prescribed by the HDCP.

The HDCP does not require a communal open space for three storey mixed use developments. Notwithstanding, the proposal includes a communal open space area at the rear of the site, to be accessed off the ground level car park area. A condition of consent is recommended requiring a barrier free access (ramp) to be provided between the car park and the communal open space area at the rear.

2.10.4   Landscaping

The proposed development includes landscaping within the 5m setback fronting Bridge Road, along the side and rear setbacks. The site planning and location of the building envelope enables retention of the existing cypress pine trees within the neighbouring properties. The landscaped deep soil areas have opportunities to accommodate canopy trees intercepted by shrubs and hedges. Additionally, turfed communal open space areas are proposed.

Details of podium level planting along the western boundary have been provided and assessed as satisfactory.

2.10.5   Privacy and Security

The proposed development is appropriately designed for privacy with all of the units having an external outlook. The proposal is generally consistent with the separation requirements of the HDCP with conditions requiring screens where appropriate.  As a result, the development would not compromise the privacy of future occupants or adjoining neighbours.

In terms of security, the proposal incorporates safe, clear and direct pedestrian entrances from Jersey Street north and Bridge Road. Passive surveillance is achieved by the orientation of private open space and living room windows of units being oriented to the street and rear, communal open spaces on the site.

2.10.6   Sunlight and Ventilation

HDCP requires that at least 70% of dwellings should receive 2 or more hours of sunlight to the living room windows and private open space. In this regard, the applicant has submitted solar access diagrams and a Solar Access and Cross Ventilation Report prepared by Steve King Consultant, demonstrating solar access for individual units. 

The applicant submits that 75% (12 units) would receive a minimum 2 hours solar access between 9am and 3pm during the Winter Solstice. Council’s assessment confirms that the proposal complies with the requirements of the HDCP in this regard.

The proposal complies with the requirement for at least 60% of dwellings to have dual aspect and natural cross ventilation.

The application is assessed as satisfactory with regard to sunlight access and natural ventilation.

2.10.7   Housing Choice

As stated in the above table, the proposed development includes a mix of one, two and three bedroom units including adaptable units. The proposed building includes one 3-bedroom unit which constitutes 6% of the unit mix and does not comply with the prescriptive measures of the HDCP.

It is noted that the provision of two x 3-bedroom units would constitute 12.5% of the unit mix. Therefore, there is a shortfall of an additional 3-bedroom unit within the building. The applicant submits that this is a minor numerical non-compliance and is compensated by reasonably sized one and two bedroom units with study. Such a layout provides alternative accommodation for the market and would be preferred, given the location of the building in close proximity to a transport node.

Given the above, it is considered that the variation is minor and acceptable.

2.10.8   Vehicular Access and Parking

The proposed car parking includes a single level basement car park and ground floor parking at the rear of the commercial units accessed via a 6.1m wide driveway from Jersey Street North. Northbound clearways restrictions exist on Jersey Street North between 3pm - 7pm Monday to Friday, and south bound clearways restrictions apply between 6am -10am Monday to Friday.  There are ‘No Parking’ restrictions on the street at all other times. The existing median island on Jersey Street North would restrict driveway access to left in and left out only.

Vehicular access to the site is assessed as satisfactory subject to kerb and guttering works along Jersey Street North, in accordance with RMS requirements. A condition of consent requires the applicant to complete the required guttering works along the entire frontage of the site, prior to the issue of the Occupation Certificate.

Parking provision within the basement level is in accordance with the minimum number of car spaces prescribed by the HDCP. The basement level includes storage areas for residents, bicycle parking areas and six accessible car spaces.  The car parking area does not include motorbike parking provision in accordance with the HDCP. Accordingly, a condition of consent is recommended requiring that a motorbike parking spot be provided prior to the issue of the Occupation Certificate.

Nine car spaces including one accessible car space, dedicated for commercial use is proposed at the ground level with direct access to the premises.

Subject to recommended conditions, the proposal is considered satisfactory in respect to the HDCP requirements for vehicle access and parking.

2.10.9   Waste Management

The proposal includes a waste management plan with details of waste management during the demolition phase and the construction phase of building works.  The residential component will require 2 x 660 litre garbage bins serviced two times per week and 4 x 240 litre recycling bins serviced weekly.

An accessible garbage room with a chute and a recycling bin in a cupboard has been proposed at each residential level of the building. A common garbage room is proposed at the ground level below the chute and includes a bulky waste storage area. A separate ground level bin storage and collection area is proposed for the commercial premises at the ground level that will accommodate 4 x 1100 litre bins.

The waste collection vehicle (being a Heavy Rigid Vehicle) would access the site and park at the loading dock to enable garbage collection. Truck turning paths are provided to demonstrate that the vehicles can ingress and egress in a forward direction.  A vertical clearance of 4.5m has been provided at the ground level to comply with AS 2890.2 -2002.

Subject to conditions of consent, the proposed development is assessed as satisfactory with regard to on-going waste management operations on site and service vehicle access.

2.11      Section 94 Contributions Plans

Hornsby Shire Council Section 94 Contributions Plan 2012-2021 applies to the development as it would result in an additional 14 residential dwellings in lieu of the 2 existing residences and 343.5sqm of gross leasable commercial floor space.  Accordingly, the requirement for a monetary Section 94 contribution is recommended as a condition of consent.

3.         ENVIRONMENTAL IMPACTS

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

3.1        Natural Environment

3.1.1     Tree and Vegetation Preservation

The subject site and adjoining land contains exotic, native (exempt species) and protected locally occurring tree species such as Eucalyptus elata, Eucalyptus botryoides, Pittosporum undulatum and Eucalyptus robusta. Additionally, two rows of Leyland cypress trees are located on the neighbouring properties along the northern and western boundaries of the site. These trees have been identified as a significant group of trees.

The proposed development would necessitate the removal of ten trees from the site. The application is supported by an Arborist report that assesses existing trees on the site. The report concludes that ten trees would require removal to enable construction of a building on the site. The applicant has amended the driveway location to retain the row of Leyland cypress trees along the northern boundary. A supporting Arborist report has been submitted which concludes that the proposed setback of the driveway from the trees would ensure their retention. Council’s assessment in this regard confirms that the proposal would enable retention of the trees.

Tree No. 9, located at the rear of the site, is classified as Eucalyptus nicholli, listed in Schedule 2 of the Threatened Species Conservation Act 1995. However, the Arborist Report indicates that the subject tree is a planted species and not remnant vegetation, as this species does not occur locally. The report concludes that the proposed works would impact on the Tree Protection Zone and removal of this tree is preferred. Council does not consent to the removal of this tree as it is located outside the building footprint. Retention of the tree is recommended with appropriate tree protection measures and pruning of the tree canopy.

Council’s tree assessment notes that the site is zoned for a mixed use development. The proposal would facilitate orderly development of underutilised within the Shire. Given the circumstances, removal of the balance of the trees on the site is accepted.

A landscape plan has been submitted with the application that includes replacement planting with a range of locally native plant species including three large canopy trees fronting Bridge Road and ten medium to large canopy trees at the rear intercepted by shrub layers and ground covers. Additionally, two rows of screen planting are proposed along the western and northern boundaries. Subject to conditions requiring completion of landscaping in accordance with the submitted plans, retention of the nominated trees and on-going maintenance of the landscaped areas, the development would achieve a landscape setting and would be acceptable with respect to the natural environment.

3.1.2     Stormwater Management

The development would connect to Council’s drainage system located on Jersey Street North via an onsite detention tank located at the rear of the site to control the discharge of water from the site. 

The details of the system have been submitted and assessed as satisfactory by Council, subject to the implementation of recommended conditions of consent.

3.2        Built Environment

3.2.1     Built Form

The buildings would be located within a precinct identified for mixed use developments and surrounded by residential flat buildings and commercial developments. The built form of the proposal would be consistent with the desired future character of the precinct.

3.2.2     Traffic

The site has frontages to two State Roads, as classified by the RMS. The impact of the proposal on the traffic flows in the locality has been assessed under Section 2.5.2 of this report.

It is considered that the proposal would not have a negative impact on the built environment of the locality due to traffic generation and the application is assessed as satisfactory in this regard.

3.3        Social Impacts

The proposed development is likely to provide employment opportunities within the Shire, which is consistent with ‘A Plan for Growing Sydney’. The residential development would improve housing choice in the locality by providing a range of house hold types.  This is consistent with Council’s Housing Strategy which identifies the need to provide a mix of housing options to meet future demographic needs in Hornsby Shire.

The location of the development is in close proximity to Hornsby Railway station allowing direct access to the commercial centres recreational, health and education facilities for future residents.

3.4        Economic Impacts

The proposed development would result in an increase in the total commercial floor space in close proximity to the Hornsby town centre. Therefore, there would be a number of multiplier effects that the development would provide throughout the local economy.  These multiplier effects would result from the sourcing of goods and services from suppliers to businesses within the complex as well as the increased consumption generated by the increase of employment in the area. 

The proposal would also have a minor positive impact on the local economy in conjunction with other new residential developments 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 6 November 2015 and 20 November 2015 in accordance with the Notification and Exhibition requirements of the HDCP. During this period, Council received four submissions from three residents. The amended application was re-notified between 10 April 2015 and 24 April 2015. During this period, Council received two 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

 

2 SUBMISSIONS WITHOUT ADDRESS

The submissions object to the development, generally on the following grounds:

·              The location of the driveway would adversely impact upon the row of Leyland cypress trees along the northern boundary;

·              There would be significant traffic disruption in the area, noise generation and airborne dust during the construction phase of the development;

·              The construction workers would illegally park in the adjoining residential flat building complex;

·              The location of the communal open space is too close to the dwellings on the adjoining site to the west and would generate adverse noise impact;

·              The proposed building does not maintain 12m separation from the adjoining development;

·              The planting of Murraya paniculataas along the western boundary is considered inappropriate as the Leyland cypress trees already act as a satisfactory screen;

·              No details have been submitted regarding traffic and pedestrian management during the construction phase of the development; and

·              The plans do not address the concerns raised by State Rail.

One submission requested access to plans, however no further correspondence was received.

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

5.1.1     Impact on Trees

The plans have been amended to achieve a setback of 2.5m between the driveway and the trunk of the Leyland cypress trees. The submitted Arborist report states that the proposed setback would ensure long term health and vigour of the trees. Council’s tree assessment concurs with this conclusion. The application is assessed as satisfactory in this regard.

5.1.2     Screen Planting

The submitted landscape plan proposes additional screen planting within the site rather than relying on the existing screen. This is considered appropriate and is assessed as satisfactory.

5.1.3     Communal Open Space

The location of the communal open space is at the rear of the site and is separated from the adjoining dwellings by the driveway and the existing trees. The site is zoned for shop-top housing and adjoins medium/high density developments fronting two busy roads and the rail corridor. Accordingly, the noise generated due to the use of the communal open space area would not have minimal impact on the amenity of the adjoining residents.

5.1.4     Construction Matters

Conditions of consent are recommended to ensure that appropriate noise and dust control occurs during the construction phase of the development. The applicant is required to submit a Construction Traffic Management Plan to Council prior to the commencement of works, detailing the parking of the construction vehicles, pedestrian and traffic management during the construction works.

Conditions of consent recommended by the RMS require that no construction work zones be allowed on Bridge Road or Jersey Street north and that all vehicles park within the site. Subject to the implementation of the recommended conditions, the proposed development would have minimal impact on the amenity of the residents in the surrounding locality during the construction phase.

5.2        Public Agencies

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

5.2.1     Roads and Maritime Services

The proposal was referred to the Roads and Maritime Services for comments pursuant to the provisions of SEPP (Infrastructure). No objections were raised subject to recommended conditions of consent.

5.2.2     RailCorp

The application was referred to RailCorp pursuant to the provisions of SEPP Infrastructure as the development involves excavation of land within 25m of a railway corridor. RailCorp raised no objections subject to the recommendation of a deferred commencement condition requiring the submission of the following information:

·              Detailed Geotechnical Report and Structural Drawings;

·              Detailed Survey Plans; and

·              Detailed cross-sectional drawings showing relationship of the land and the railway infrastructure.

Additionally, RailCorp has also recommended conditions requiring awning windows, louvres, enclosed balconies, window restrictors etc. within 20m of rail corridor to restrict throwing of objects; submission of an electrolysis report and aerial craneage details.

 Given that no balconies are located within 20m of the rail corridor, the requirement to enclose openings would not apply to this 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 seeks approval for the demolition of existing structures and construction of a three storey mixed use development comprising ground level commercial and two levels of shop-top housing with 16 units and basement car park.

The proposal does not comply with ‘Clause 4.4 – Floor Space Ratio’ of the HLEP. The applicant has submitted a document pursuant to Clause 4.6 of the HLEP to vary the development standard. The variation is supported on its merits. The proposal complies with the design principles of SEPP 65 and the Residential Flat Design Code and is generally in accordance with the development controls within Section 4 of the HDCP.

The proposal would result in a development that would be in keeping with the desired future character of the precinct.  Approval of the application as a deferred commencement 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.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Manager – Development Assessments – Rodney Pickles, who can be contacted on 9847 6731.

 

 

 

 

Rod Pickles

Manager - Development Assessment

Planning Division

 

 

James Farrington

Group Manager

Planning Division

 

 

Attachments:

1.View

Locality Plan

 

 

2.View

Site Plan

 

 

3.View

Landscape Plan

 

 

4.View

Floor Plans

 

 

5.View

Elevations and Sections

 

 

6.View

Shadow Plans

 

 

 

 

File Reference:           DA/1290/2014

Document Number:    D06530579

 


SCHEDULE 1

GENERAL CONDITIONS

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

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

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

1.         Deferred Commencement

Pursuant to Section 80(3) of the Environmental Planning and Assessment Act 1979, this consent does not operate until the applicant satisfies the Council that it has obtained approval/certification from Sydney Trains as to the following matters:

a)         Geotechnical and Structural report/drawings that meet Sydney Trains requirements. The Geotechnical Report must be based on actual borehole testing conducted on the site closest to the rail corridor.

b)         Construction methodology with construction details pertaining to structural support during excavation. The Applicant is to be aware that Sydney Trains would not permit any rock anchors/bolts (whether temporary or permanent) within its land or easements.

c)         Cross sectional drawings showing the rail corridor, bridge structure, sub soil profile, proposed basement excavation and structural design of sub ground support adjacent to the rail tunnel. All measurements are to be verified by a Registered Surveyor.

d)         Detailed Survey Plan showing the relationship of the proposed developed with respect to Sydney Trains easement and rail corridor.

e)         A finite element analysis which assesses the different stages of loading-unloading of the site, ground movement and its effect on the rock mass surrounding the rail corridor.

Such information shall be submitted within 24 months of the date of this notice.

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

2.         Approved Plans and Supporting Documentation

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

Plan No.

Plan Title

Drawn by

Dated

DA-100 D

Site and Roof Plan

Mackenzie Architects International

14/08/2015

DA-101 D

Ground and Basement Car park

Mackenzie Architects International

14/08/2015

DA-102 D

First and Second Floor Plan

Mackenzie Architects International

14/08/2015

DA -200 D

Elevations N and S

Mackenzie Architects International

14/08/2015

DA-201 D

Elevations E and W

Mackenzie Architects International

14/08/2015

DA -300 D

Sections 1 and 2

Mackenzie Architects International

14/08/2015

DA -301 D

Sections 3 and 4

Mackenzie Architects International

14/08/2015

LPDA 15 – 498/1 A

Landscape Plan

Conzept Architects

22/06/2015

LPDA 15-498/2 A

First Floor Planter Plan

Conzept Architects

22/06/2015

LPDA 15-498/3 A

Landscape Details

Conzept Architects

22/06/2015

 

Document Title

Prepared by

Dated

Survey Plan

Chase Burke and Harvey

11/02/2008

SK000 Cover Sheet

Martens And Associates

1/10/2014

SK0001 Concept Stormwater-Ground Level

Martens And Associates

1/10/2014

SK002 Concept Stormwater-Basement Level 1

Martens And Associates

1/10/2014

SK003 Concept Stormwater OSD Plan Detail

Martens And Associates

1/10/2014

SK004 Concept Stormwater  - OSD Section Detail

Martens And Associates

1/10/2014

SK005 Concept Stormwater  - Drains Modelling

Martens And Associates

1/10/2014

SK006 Concept Stormwater - Typical Drainage Details

Martens And Associates

1/10/2014

DA403-A Site analysis

Mackenzie Architects International

13/10/2014

DA500, DA501, DA502 and DA503 C Shadow Diagrams

Mackenzie Architects International

25/05/2015

Traffic and Parking Assessment Report

Terrafic Pty Ltd

22/10/2014

Acoustic Noise and Vibration Report

Acoustic noise and Vibration Solutions Pty Ltd

13/08/2014

Arboricultural Impact Report

Landscape Matrix Pty Ltd

30/09/2014, 3/06/2015 and 4/09/2015

Waste Management Plan

Mackenzie Architects International

23/09/2014

Statement of Compliance Access for People with a Disability Issue B

Accessible Building Solutions

26/05/2015

SEPP 65 Amenity Compliance Report

Steve King

28/05/2015

Statement of Environmental Effects

Think Planners

20/10/2014

Design Verification Statement

Mackenzie Architects International

22/09/2014

BASIX Certificate 563508M

The House Energy Rating Company of Aust Pty Ltd

13/10/2014

ABSA Certificate 1006948739

The House Energy Rating Company of Aust Pty Ltd

13/10/2014

Schedule of Materials and Finishes

Mackenzie Architects International

Received by Council on 23/10/2014

Building Code of Australia Report

Greenfield Certifiers Pty Ltd

25/09/2014

3.         Removal of Existing Trees

a)         This development consent permits the removal of trees numbered 1, 2, 4, 5, 6, 10, 11, 12, 13 and 14 as identified in the LPDA 15 – 498/1 Issue A Landscape Plan, prepared by Conzept Landscape Architects dated 22/06/2015.

b)         The removal of any other trees from the site requires separate approval by Council in accordance with Part 1B.6 Tree and Vegetation Preservation of the  Hornsby Development Control Plan, 2013 (HDCP).

4.         Amendment of Plans

The following plans and documents are to be amended in accordance with the approved plans listed in Condition 1 of this development consent:

Document Title

Prepared by

Dated

SK000 Cover Sheet

Martens And Associates

1/10/2014

SK0001 Concept Stormwater-Ground Level

Martens And Associates

1/10/2014

SK002 Concept Stormwater-Basement Level 1

Martens And Associates

1/10/2014

SK003 Concept Stormwater OSD Plan Detail

Martens And Associates

1/10/2014

SK004 Concept Stormwater  - OSD Section Detail

Martens And Associates

1/10/2014

SK005 Concept Stormwater  - Drains Modelling

Martens And Associates

1/10/2014

SK006 Concept Stormwater - Typical Drainage Details

Martens And Associates

1/10/2014

BASIX Certificate 563508M

The House Energy Rating Company of Aust Pty Ltd

13/10/2014

ABSA Certificate 1006948739

The House Energy Rating Company of Aust Pty Ltd

13/10/2014

The approved Ground Floor Plan DA 101-D is to be amended by incorporating a ramp between the carpark and the communal open space at the rear.

5.         Construction Certificate

a)         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.

b)         The Construction Certificate plans must not be inconsistent with the Development Consent plans.

6.         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

$ 32,789.80

Open Space and Recreation

$ 170,139.95

Community Facilities

$ 23,705.95

Plan Preparation and Administration

$ 939.85

TOTAL

$230,575.55

being for 4 x 1-br, 11 x 2-br and 1 x 3-br units with a credit for 2 existing lots.

b)         The value of this contribution is current as at 9 July 2015. If the contributions are not paid within the financial quarter that this condition was generated, 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 applicable in this Development Consent Condition.

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.

7.         Project Arborist

A Project Arborist (AQF5 qualified) is to be appointed in accordance with AS 4970-2009 (1.4.4) to oversee installation of trunk protection measures, monitor the integrity of the tree protection methods, record any modifications or alterations to the tree protection zone fencing for the duration of the construction period and provide all required certification throughout the development process.  The details of the appointed Arborist are to be provided to Council and the PCA prior to the issue of the construction certificate.

REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

8.         Building Code of Australia

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

9.         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.

10.        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.

11.        Noise

The development must be carried out in accordance with the recommendations contained within the Acoustic Noise and Vibration Report prepared by Acoustic noise and Vibration Solutions Pty Ltd dated 13/08/2014 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).

12.        Utility Services

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

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

b)         Telstra – a letter of consent demonstrating that satisfactory arrangements have been made to service the proposed development.

13.        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.

14.        Dilapidation Report

A ‘Dilapidation Report’ is to be prepared by a ‘chartered structural engineer’ detailing the structural condition of No.75-79 Jersey Street North, Hornsby.

15.        Adaptable Units/ Acoustics

The following details must be provided with the Construction Certificate plans.

a)         The development is required to provide 5 units designed as adaptable housing pursuant to the requirements of 1C.2.2 of the Hornsby Development Control Plan 2013.  In this regard, a minimum of two (2) car parking spaces are to be designed for people with a disability and allocated to 2 accessible units. 

b)         The waste facility provided at each residential level must be accessible by persons with a disability.

c)         The recommendations within the Acoustic Noise and Vibration Report prepared by Acoustic noise and Vibration Solutions Pty Ltd dated 13/08/2014 must be incorporated.

16.        Storage

Each dwelling within the development must have a minimum area for storage (not including kitchen and bedroom cupboards) for 6m3 for one bedroom units, 8m3 for two bedroom units and 10m3 for three bedroom units, where 50% is required to be located within the apartment and accessible from either the hall or living area. Details must be submitted with the Construction Certificate plans.

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. The Traffic Management Plan must be submitted and approved by Council’s Manager Traffic and Road Safety prior to the issue of a construction certificate. 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.

The Traffic Control Plan shall be submitted to Council for approval prior to the issue of the Construction Certificate.

18.        Construction Management Plan

A Construction Management Plan (CMP), prepared by a suitably qualified consultant, must be submitted for approval by Council in accordance with Condition No. 79 of this development consent. The following requirements must be complied with and must be detailed in the CMP:

a)         Noise attenuation measures be implemented along the northern and western boundary of the site including a hoarding height not less than 3m from the existing ground level;

b)         During excavation works, rock removal must be undertaken by sawing instead of rock hammering, wherever practicable;

c)         All construction vehicles associated with the proposed development are to be contained on site as no construction zones will be permitted on Bridge Road or Jersey Street North.

d)         The construction works must be undertaken in accordance with the “Interim Construction Noise Guidelines – 2009” published by DECCW and achieve compliance with the relevant noise levels; and

e)         The delivery times and vehicular movements related to demolition, excavation and construction works must be restricted to the construction hours only.

f)          Service and delivery vehicles should enter and exit the site outside the 6am – 10am and 3pm – 7pm peak periods.

19.        Internal Driveway/Vehicular Areas

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

a)         Design crossing levels at the front boundary must be obtained from Council by separate application for crossing levels;

20.        Road Works

All road works approved under this consent must be designed in accordance with Council’s Civil Works Design and Construction Specification 2005 and the following requirements:

a)         The 150 mm SA integral kerb and gutter owned by the Roads and Maritime Services (RMS) must be removed and reconstructed along the Jersey Street North frontage of the site and matched to adjoining assets;

b)         The road shoulder is to be sawcut 600 mm from the proposed lip of kerb, removed and reconstructed;

c)         Construction of Council’s 80 mm thick concrete footpath across the road frontages of the development;

d)         The footpath level is to be graded to the kerb level and unpaved footpath areas turfed.

e)         Construction of Council’s standard pram ramps at the intersection;

f)          Removal of all redundant crossings and laybacks to the street frontages and restoration of laybacks to 150 mm integral kerb and gutter.

Note:  Pursuant to Section 138 Roads Act 1993, all works in the Public Road shall be the subject of a Construction Certificate Application to Hornsby Shire Council as Roads Authority. The Applicant shall obtain a quote from Council and pay Council’s fees for Construction Certificate assessment and compliance inspections with lodgement of the Application.

The Applicant shall provide copies of the construction plan to Roads and Maritime Services (RMS) and enter into a Works Deed with RMS’ Sydney Asset Management, Parramatta. A copy of the signed Works Deed shall be submitted with the Construction Certificate application;

Details of all utility services including location of poles, is to be submitted with the Construction Certificate. Adjustment of services required for the road works are to be conducted at the expense of the applicant.

Road Occupancy Licenses are to be obtained from the Traffic Management Centre prior to commencement of road works.

21.        Stormwater Drainage

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

a)         Connected to an existing Council-controlled drainage pit system.

22.        On Site Stormwater Detention

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

a)         Have a capacity of not less than 23 cubic metres, and a maximum discharge (when full) of 33 litres per second.

b)         The on-site detention system shall be provided with a top water level overflow system, conveying overflows directly to the street drainage system;

c)         The water quality treatment system shall be designed and constructed in accordance with Council’s HDCP2013 Section 1C.1.2.j.

23.        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 designed 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;

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.

24.        Waste Management Plan

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:

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

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

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

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

25.        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". 

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

26.        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.

27.        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.

28.        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.

29.        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 may be issued for any non-compliance with this requirement without any further notification or warning.

30.        Tree Protection Barriers

a)         All trees to be retained on the site must have trunk protection and tree protection zone fencing installed in accordance with the Australian Standard ‘Protection of Trees on Development Sites’ - AS 4970-2009.

b)         Tree protection zone fencing must be erected around tree groups 3 and 15 (located within No. 75 – 79 Jersey Street North) in accordance with the recommendations of the Aboricultural Impact Report provided by Landscape Matrix dated 30/09/2014 and 4/09/2015.

c)         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.

d)         The tree protective fencing must not be removed or altered without the prior approval of the Project Arborist.

e)         All Tree Protection Zones must have a layer of wood-chip mulch installed prior to works commencing and must be maintained throughout the period of construction at a depth of 150mm – 300mm using a material that complies with Australian Standard AS 4454.

f)          The Project Arborist (AQF5 qualified) must submit a certificate to the Principal Certifying Authority (PCA) confirming that all tree protection measures have been installed in accordance with this consent and  the specific requirements of Australian Standard ”Protection of Trees on Development Sites” (AS 4970-2009).

REQUIREMENTS DURING CONSTRUCTION

31.        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. No excavation or rock sawing/breaking is to occur on Saturdays.

32.        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.

33.        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.

34.        Asbestos and Soil Contamination

Should the presence of asbestos