BUSINESS PAPER

 

General Meeting

 

Wednesday 8 June 2016

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     CS15/16 Investments and Borrowings for 2015/16 - Status For Period Ending 30 April 2016        1

Item 2     CS16/16 Adoption of 2016/17 Operational Plan Incorporating the Budget, Fees and Charges and Rating Structure for 2016/17........................................................................................ 4

Item 3     CS17/16 Local Government Remuneration Tribunal - 2016 Report and Determination - Mayor and Councillor Fees - 2016/17 Financial Year..................................................................... 16

Item 4     CS18/16 Outstanding Council Resolutions - Period Until 29 February 2016................... 20

Item 5     CS19/16 Debts To Be Written Off - 2015/16 Financial Year.......................................... 23

Item 6     CS20/16 Northern Sydney Regional Organisation of Councils - Amendment of Constitution         26

Environment and Human Services Division

Item 7     EH7/16 Tender RFT1/2016 - Mattress Recycling.......................................................... 30

Planning Division

Item 8     PL38/16 Development Application - Section 96(2) Modification to Approved Residential Flat Buildings Comprising 80 Units - 301-303 Peats Ferry Road, Asquith and 2-4 Lodge Street, Hornsby ................................................................................................................................ 34

Item 9     PL39/16 Development Application - Section 96(2) Modification to Approved Residential Flat Buildings Comprising 69 Units - 305 and 307 Peats Ferry Road, Asquith and 9 Bell Street and 4 Lodge Street, Hornsby.............................................................................................. 73

Item 10    PL40/16 Development Application - Five Storey Residential Flat Building Comprising 41 units - 36 - 40 Lords Avenue, Asquith........................................................................................ 114

Item 11    PL46/16 Further Report - Development Application - Dwelling House - 77 Malton Road, Beecroft 160

Item 12    PL49/16 Further Report - Development Application - Residential Flat Building Comprising 26 Units - 31-35 Heath Street, Asquith...................................................................................... 192

Item 13    PL48/16 Pennant Hills Town Centre Master Plan Survey............................................. 230

Item 14    PL47/16 Report on Submissions - Rural Lands Planning Proposal and Hornsby Development Control Plan Amendments....................................................................................... 235

Item 15    PL32/16 Deferred Matter - Housekeeping Amendments to Hornsby Development Control Plan 2013.............................................................................................................................. 244

Item 16    PL43/16 RFT3/2016 - South Dural Tender.................................................................. 249

Infrastructure and Recreation Division

Item 17    IR13/16 Tender T9/2016 Asphalt Works; Patching and Minor Works............................ 254

Item 18    IR14/16 Request to Remove Tree - 27A Cardinal Avenue, Beecroft............................. 258

Item 19    IR19/16 Deferred Matter - Request to Remove Tree - 27 Denman Parade Normanhurst 262  

PUBLIC FORUM – NON AGENDA ITEMS

Questions of Which Notice Has Been Given

Mayor's Notes

Item 20    MN6/16 Mayor's Notes from 1 to 31 May 2016.......................................................... 267

Notices of Motion

Item 21    NOM4/16 Abandoned Shopping Trolleys.................................................................. 268

Item 22    NOM5/16 Recognition of Mary Kirby........................................................................ 269     

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

Reverend Jonathon Shanks, 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 11 May, 2016 and the Minutes of the Workshop Meeting held on 1 June, 2016 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          CS15/16 Investments and Borrowings for 2015/16 - status for period ending 30 April 2016

 

RECOMMENDATION

THAT the contents of Deputy General Manager’s Report No. CS15/16 be received and noted.

 

Page Number 4

Item 2          CS16/16 Adoption of 2016/17 Operational Plan incorporating the Budget, Fees and Charges and Rating Structure for 2016/17

 

RECOMMENDATION

THAT:

1.         Subject to incorporation of the amendments detailed in Tables 1A and 1B and the Budget section of Acting Deputy General Manager’s Report No. CS16/16, Council adopt the 2016/17 Operational Plan incorporating the Budget, Fees and Charges and Rating Structure for 2016/17.

2.         Council make and levy the 2016/17 Ordinary Rates in accordance with Table 2 of Acting Deputy General Manager’s Report No. CS16/16.

3.         Council make and levy the 2016/17 Catchments Remediation Rate on all rateable land in the Shire in accordance with Table 3 of Acting Deputy General Manager’s Report No. CS16/16.

 

Page Number 16

Item 3          CS17/16 Local Government Remuneration Tribunal - 2016 Report and Determination - Mayor and Councillor Fees - 2016/17 Financial Year

 

RECOMMENDATION

THAT:

1.         As a consequence of the 2016 Report and Determination of the Local Government Remuneration Tribunal, Council note that it remains in the Metropolitan Centre Category of NSW councils for the period 1 July 2016 to 30 June 2017.

2.         In accordance with Section 248 of the Local Government Act, and having considered the 2016 Report and Determination of the Local Government Remuneration Tribunal, an annual fee of $23,950 be paid to each Councillor for the period 1 July 2016 to 30 June 2017.

3.         In accordance with Section 249 of the Local Government Act, and having considered the 2016 Report and Determination of the Local Government Remuneration Tribunal, an additional annual fee of $63,640 be paid to the Mayor for the period 1 July 2016 to 30 June 2017.

 

Page Number 20

Item 4          CS18/16 Outstanding Council Resolutions - Period Until 29 February 2016

 

RECOMMENDATION

THAT the contents of Deputy General Manager’s Report No. CS18/16 be received and noted.

 

Page Number 23

Item 5          CS19/16 Debts To Be Written Off - 2015/16 Financial Year

 

RECOMMENDATION

THAT for 2015/16, and in accordance with Clause 213 of the Local Government (General) Regulation, Council:

1.         Write off debts considered bad totalling $49,714 (as detailed in Schedule A attached to Acting Deputy General Manager’s Report No. CS19/16).

2.         Note debts considered bad totalling $2,269 which will be written off under the General Manager’s delegated authority (as detailed in Schedule B attached to Deputy General Manager’s Report No. CS19/16).

 

Page Number 26

Item 6          CS20/16 Northern Sydney Regional Organisation of Councils - Amendment of Constitution

 

RECOMMENDATION

THAT

1.         Council endorse the proposed amendment to the Constitution of the Northern Sydney Regional Organisation of Councils (NSROC) and delegate authority to the Mayor and Councillor Tilbury (or alternates Councillor Browne, Councillor Anisse or Councillor Hutchence) to vote in favour of the proposed amendment at the NSROC Extraordinary Board meeting scheduled for 9 June 2016.

2.         Should the amended NSROC Constitution be adopted at the NSROC Board Meeting, Steve Russell and Nathan Tilbury be nominated as alternative representatives on the NSROC Board for the period until the next local government election if Hornsby Shire Council is dissolved, amalgamated or otherwise ceases to exist.

 

Environment and Human Services Division

Page Number 30

Item 7          EH7/16 Tender RFT1/2016 - Mattress Recycling

 

RECOMMENDATION

THAT Council reject all tenders for the collection of mattresses.

 

Planning Division

Page Number 34

Item 8          PL38/16 Development Application - Section 96(2) Modification to Approved Residential Flat Buildings Comprising 80 Units - 301-303 Peats Ferry Road, Asquith and 2-4 Lodge Street, Hornsby

 

RECOMMENDATION

THAT pursuant to Section 96(2) of the Environmental Planning and Assessment Act 1979, Development Application No. DA/251/2015 for demolition of existing structures and construction of two x five storey residential flat buildings and basement car parking and subdivision of No. 4 Lodge St into two lots at Lot A and B DP 349047, Lot 1 and 2 DP 840373 and Lot 1 DP385418, Nos. 301-303 Peats Ferry Road, Asquith and 2, 2A and 4 Lodge Street, Hornsby be amended as detailed in Schedule 1 of Group Manager’s Report No. PL38/16.

 

Page Number 73

Item 9          PL39/16 Development Application - Section 96(2) Modification to Approved Residential Flat Buildings Comprising 69 Units - 305 and 307 Peats Ferry Road, Asquith and 9 Bell Street and 4 Lodge Street, Hornsby

 

RECOMMENDATION

THAT pursuant to Section 96(2) of the Environmental Planning and Assessment Act 1979, Development Application No. DA/214/2015/A for demolition of existing structures and construction of two x five storey residential flat buildings and basement car parking and subdivision of 4 Lodge St into two lots at Lot A DP 340410 and Lot 4 DP 136071305, Nos. 305-307 Peats Ferry Road, Asquith and No. 9 Bell Street and No. 4 Lodge Street, Hornsby be amended as detailed in Schedule 1 of Group Manager’s Report No. PL39/16.

 

Page Number 114

Item 10        PL40/16 Development Application - Five storey residential flat building comprising 41 units - 36 - 40 Lords Avenue, Asquith

 

RECOMMENDATION

THAT Development Application No. DA/1671/2015 for demolition of existing structures and the erection of a five storey residential flat building comprising 41 units with basement car parking at Lots 1, 2 and 3 DP 21699, Nos. 36 – 40 Lords Avenue, Asquith be approved subject to the conditions of consent detailed in Schedule 1 of Group Manager’s Report No. PL40/16.

 

Page Number 160

Item 11        PL46/16 Further Report - Development Application - Dwelling House - 77 Malton Road, Beecroft

 

RECOMMENDATION

THAT Development Application No. DA/920/2015 for the construction of a two storey dwelling house at Lot 2 DP 883724, No. 77 Malton Road, Beecroft be approved as a deferred commencement consent 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. PL46/16.

 

Page Number 192

Item 12        PL49/16 Further Report - Development Application - Residential Flat Building Comprising 26 Units - 31-35 Heath Street, Asquith

 

RECOMMENDATION

THAT Development Application No. DA/570/2015 for demolition of existing dwellings and the construction of residential flat building comprising 26 units and basement car parking at Lots 12, 13 and 14 DP 8797, Nos. 31-35 Heath Street, Asquith be approved subject to the conditions of consent detailed in Schedule 1 of Group Manager’s Report No. PL49/16.

 

Page Number 230

Item 13        PL48/16 Pennant Hills Town Centre Master Plan Survey

 

RECOMMENDATION

THAT :

1.         A community survey be undertaken in accordance with the consultation strategy outlined in Group Manager’s Report No. PL48/16 for the purpose of identifying and establishing the vision, principles and key outcomes that should guide a future review of the Pennant Hills Town Centre Master Plan.

2.         The Acting General Manager be authorised to approve any consultation material and/or additional consultation techniques recommended by Council’s community consultation specialist to engage with the community.

3.         Council accept receipt of written submissions in addition to feedback provided in the survey.

4.         Any responses to the survey and written submissions received be evaluated and a report prepared for Council’s consideration.

 

Page Number 235

Item 14        PL47/16 Report on Submissions - Rural Lands Planning Proposal And Hornsby Development Control Plan Amendments

 

RECOMMENDATION

THAT:

1.         Council forward the Rural Lands Planning Proposal (Document No. D06952041) to the Minister for Planning and Environment for making pursuant to Section 59 of the Environmental Planning and Assessment Act 1979.

2.         Council endorse the Hornsby Development Control Plan 2013 amendments (Document No. D06952051).

3.         Council defer consideration of whether to progress investigation of any further options for review of allotment sizes until the release of the North District Plan by the Greater Sydney Commission which may identify key directions for development, including a rural resource lands strategy and housing targets.

4.         Submitters be advised of Council’s decision.

 

Page Number 244

Item 15        PL32/16 Deferred Matter - Housekeeping Amendments to Hornsby Development Control Plan 2013

 

RECOMMENDATION

THAT:

1.         Council re-exhibit draft housekeeping amendments to the Hornsby Development Control Plan 2013 (Document No. D06935504) as amended.

2.         Parramatta City Council be consulted on the proposed amendments to the Hornsby Development Control Plan as they relate to those parts of the Plan which continue to apply to land south of the M2 motorway. 

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

 

Page Number 249

Item 16        PL43/16 RFT3/2016 - South Dural Tender

 

RECOMMENDATION

THAT:

1.         Council not accept any tenders and negotiate with GLN Planning to arrive at a lump sum tender price.

2.         Subject to the Evaluation Panel being satisfied with the outcome of the negotiations, Council accept the tender from GLN Planning for Tender No. RFT3/2016 – Provision of Consultant Services – South Dural Planning Proposal.

3.         Council decline to invite fresh tenders or seek fresh applications from tenderers or persons expressing interest in the contract for the following reasons:

a)         Council has tested the market for the project and further tendering or fresh applications are not likely to produce a better result.

b)         Timing constraints do not unduly delay the project.

4.         Unsuccessful tenderers be advised of Council’s resolution.

 

Infrastructure and Recreation Division

Page Number 254

Item 17        IR13/16 Tender T9/2016 Asphalt Works; Patching and Minor Works

 

RECOMMENDATION

THAT Council accept the tender of Kizan Pty Ltd. trading as A & J Paving for Tender T9/2016:  Asphalt Works; Patching and Minor Works. 

 

Page Number 258

Item 18        IR14/16 Request to Remove Tree - 27A Cardinal Avenue, Beecroft

 

RECOMMENDATION

THAT Council refuse consent to remove one Eucalyptus saligna (Sydney Blue Gum) located at the front of the property at 27A Cardinal Avenue, Beecroft.

 

Page Number 262

Item 19        IR19/16 Deferred Matter - Request to Remove Tree - 27 Denman Parade Normanhurst

 

RECOMMENDATION

THAT Council:

1.         Refuse consent to remove one Eucalyptus saligna (Sydney Blue Gum) located adjacent to the rear of the property at 27 Denman Parade, Normanhurst.

2.         In respect of the original determination for TA/508/2015 impose the conditions detailed in Schedule 1 of the Deputy General Manager’s Report No. 15/16 in accordance with the agreement reached with the applicant.

  

PUBLIC FORUM – NON AGENDA ITEMS

Questions of Which Notice Has Been Given

Mayor's Notes

Page Number 267

Item 20        MN6/16 Mayor's Notes from 1 to 31 May 2016

 

 

Notices of Motion

Page Number 268

Item 21        NOM4/16 Abandoned Shopping Trolleys

 

COUNCILLOR Tilbury To Move

That Council work with local retailers and Westfield to investigate ways to reduce the number of abandoned shopping trolleys left on streets surrounding our shopping centres.  This should include analysis of effective solutions that have been implemented in other areas.

 

Note from Councillor:

Abandoned shopping trolleys are an increasing problem littering the streets around our shopping centres specifically Hornsby and Asquith.  This has been a recognised issue for over a decade and I have recently been contacted by numerous residents seeking to have something done about this problem.

Whilst the supermarkets employ trolley collection contractors, in reality this is only belatedly treating the symptom and not the cause.  Residents are still confronted by trolleys left on their streets and impeding their footpaths on a daily basis.

A greater focus needs to be placed on preventing the trolleys from leaving the shopping centres themselves.  Technological solutions such as coin deposits and wheel locks exist and have been implemented in other areas across Sydney with good effect and there is no reason why they cannot be applied in supermarkets across Hornsby and Asquith. 

 

Page Number 269

Item 22        NOM5/16 Recognition of Mary Kirby

 

COUNCILLOR Gallagher To Move

That Council recognises the first woman Councillor elected to Hornsby Shire Council, Mrs Mary Kirby of Mt Colah, by the placement of a small commemorative plaque in the park grounds of the Mt Colah Community Centre.

 

Note from Councillor:

Mary Kirby was the first woman Councillor elected to Hornsby Shire Council, standing in the 1956 election and serving for one term of Council.  Mary decided not to contest the 1959 election.

Mary resided in Mt Colah and was an advocate for the building of the CWA restroom in Hornsby Park and tried to get the Council to add a rate for the building of a Shire Library.  Another issue that she fought hard for was the compulsory installation of septic tanks in new houses that were built in the Shire.  She would later say that builders would say to Council “here’s my Mary Kirby”, an application to install a septic tank.

Given her role as Hornsby’s first woman Councillor, I believe that it would be appropriate for Council to recognise Mary’s contribution through the placement of a small commemorative plaque in the grounds of the Mt Colah Community Centre and Scout Hall at 6x Pierre Close, Mt Colah.

     

SUPPLEMENTARY AGENDA

MATTERS OF URGENCY 

QUESTIONS WITHOUT NOTICE

 


   


 

Deputy General Manager's Report No. CS15/16

Corporate Support Division

Date of Meeting: 8/06/2016

 

1        INVESTMENTS AND BORROWINGS FOR 2015/16 - STATUS FOR PERIOD ENDING 30 APRIL 2016   

 

 

EXECUTIVE SUMMARY

·              This Report provides details of Council’s investment performance for the period ending 30 April 2016 as well as the extent of its borrowings at the end of the same period.

·              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.

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

·              In respect of Council’s cash and term deposit investments, the annualised return for the month of April 2016 was 3.03% compared to the benchmark of 2.00%.

 

RECOMMENDATION

THAT the contents of Deputy General Manager’s Report No. CS15/16 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 30 April 2016 is detailed in the attached document.  In summary; the At-Call and Term Deposits achieved an annualised return of 3.03% for April 2016, 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 April 2016, based on the principal balances outstanding, was 5.94%.  The Borrowings Schedule as at 30 April 2016 is also attached for Council’s information.

CONSULTATION

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

BUDGET

In the December Quarter Review, the original budgeted investment income for 2015/16 was revised from $2,418,000 to $3,061,000. Investment income for the period ended 30 April 2016 was $2,950,000 compared to the revised budgeted income of $2,596,000. Approximately 55% 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 30 April 2016 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 Report - April 2016

 

 

2.View

HSC Borrowings Schedule - April 2016

 

 

 

 

File Reference:           F2004/06987-02

Document Number:    D06944677

 


 

Deputy General Manager's Report No. CS16/16

Corporate Support Division

Date of Meeting: 8/06/2016

 

2        ADOPTION OF 2016/17 OPERATIONAL PLAN INCORPORATING THE BUDGET, FEES AND CHARGES AND RATING STRUCTURE FOR 2016/17    

 

 

EXECUTIVE SUMMARY

·              Council adopted the draft 2016/17 Operational Plan for the purpose of public exhibition at its 13 April 2016 General Meeting. The draft Plan included the Budget, Fees and Charges and Rating Structure for 2016/17. 

·              The draft documents were publicly exhibited from 14 April until 13 May 2016 and submissions invited. Six submissions were received and they are summarised in Table 1A of this Report.  Table 1B of the Report contains a summary of administrative changes proposed by internal Divisions of Council.

·              Following a review of all submissions by appropriate Council staff, no material changes to the publicly exhibited documents are recommended.

·              During exhibition the NSW Government proclaimed that the area south of the M2 Motorway would become part of the City of Parramatta Council. This boundary adjustment has a material impact on transferring annual surpluses to address the Section 94 funding gap.

·              Once adopted, the final 2016/17 Operational Plan (including the Budget and Fees and Charges for 2016/17) will be distributed electronically and in hard copy to Councillors, staff and interested persons.

 

RECOMMENDATION

THAT:

1.         Subject to incorporation of the amendments detailed in Tables 1A and 1B and the Budget section of Acting Deputy General Manager’s Report No. CS16/16, Council adopt the 2016/17 Operational Plan incorporating the Budget, Fees and Charges and Rating Structure for 2016/17.

2.         Council make and levy the 2016/17 Ordinary Rates in accordance with Table 2 of Acting Deputy General Manager’s Report No. CS16/16.

3.         Council make and levy the 2016/17 Catchments Remediation Rate on all rateable land in the Shire in accordance with Table 3 of Acting Deputy General Manager’s Report No. CS16/16.

 


PURPOSE

The purpose of this Report is to provide Council with information and recommendations regarding the submissions received in respect of the public exhibition of the draft 2016/17 Operational Plan, which includes the Budget, Fees and Charges and Rating Structure for 2016/17.

BACKGROUND

By 30 June in the year following local government elections, all councils are required to develop a 10 year community strategic plan, a four year delivery program and a one year operational plan as well as a resourcing strategy aligned to an integrated planning framework. The purpose is to identify the main priorities and aspirations for the future of the council area and the resources required to move to that preferred future.

Your Community Plan 2013-2023, which is Hornsby Shire Council’s 10 year Community Strategic Plan, was adopted on 19 June 2013 together with a Delivery Program for 2013-17 and a 2013/14 Operational Plan.  The rolling four year program of major projects in the Delivery Program 2013-17 has been reviewed and no changes are proposed.

At the General Meeting held on 13 April 2016, Council considered the Acting Deputy General Manager’s Report No. CS8/16 and it was resolved that:

1.         Council adopt for public exhibition and make available for public comment from 14 April to 13 May 2016, the draft Operational Plan 2016/17 which includes the draft Budget, Fees and Charges and Rating Structure for 2016/17.

2.         Council note that the rating information contained in the draft Operational Plan 2016/17 is in line with the Independent Pricing and Regulatory Tribunal’s rate increase approval for NSW councils (i.e. a 1.8% rate increase for 2016/17).

3.         Following the public exhibition period, and before 30 June 2016, a further report be prepared for Council’s consideration which provides details of any submissions received and recommends the adoption of a final Operational Plan 2016/17, including the Budget, Fees and Charges and Rating Structure for that year.

DISCUSSION

Consultation on the Documents

During the exhibition period from 14 April to 13 May 2016, copies of the draft Operational Plan including Budget, Fees and Charges and Rating Structure for 2016/17 were on display at Council’s reception areas and five libraries and were available electronically on Council’s website.  Advertisements advising of the availability of the documents were placed in the Council Column of four local newspapers and were contained in the May monthly enewsletter sent to 30,000 people.

Submissions

A total of six submissions were received during the formal exhibition period of the draft Plan.  None of the submissions are considered to have any material impact on the Plan.  Of the submissions:

·              one relates to Key Actions within the Draft Operational Plan

·              two relate to footpaths

·              one relates to the fees and charges

·              two relate to the proposed additional rating sub category under the Hornsby CBD Business Rate “Major Regional Shopping Centre”.

The submissions are summarised in Table 1A below, with staff comments/recommendations in italics.

Table 1A

No.

Name

About

Summary of Issues

Staff recommendation

1

Peter Dickson

Cycleways, Roads, Footpaths, Sustainability, Development

1. Cycleways
(a) Need more cycleways for families and school children and for commuting.  Only cycleway planned is Brooklyn to Kangaroo Point project.
(b) Narrow roads with fast moving traffic means little cycling in locality of Hornsby-Waitara-Wahroonga.

Noted
(a) Council’s Bike Plan, which defines the cycle routes to be developed, is currently under review.
When funding becomes available, the projects in the Bike Plan providing the best value for money are considered for construction. Often the value for money equation involves integrating the delivery of cycleways with other projects, to maximise funding opportunities. A recent example is the traffic calming scheme for The Esplanade in Thornleigh, about to commence construction, which incorporates a cycleway.

Council is currently working with the Pennant Hills District Civic Trust and Transport for NSW to finalise a funding submission which will provide a cycle link connecting Pennant Hills with Epping along local roads parallel to the rail corridor. This project may be delivered as soon as 2016/2017, but is awaiting funding confirmation from the State Government.
(b) No cycleway projects are currently being considered in the Hornsby/Waitara/Wahroonga area as other locations have a higher value for money ranking.

2. Footpaths
(a) Outcome 4D in the Operational Plan refers to cleaning of public footpaths. Property owners should keep their own frontage clean, and Council may also need to provide more street litter bins.
(b) Poor maintenance of footpaths and inappropriate verge plantings. Property owners should be required to trim plantings overgrowing footpaths if they are capable, although it is Council's responsibility to provide a safe environment.
(c) Many footpaths are non existent or badly damaged by tree roots and vehicles.
(d) Abandoned trolleys - Council should be responsible for levying fees on supermarket owners as a deterrent.

Not supported
(a) Generally Council only cleans footpaths in its CBD areas, where street litter bins are also in place.  Street litter bins are also placed in known problem areas and locations are monitored and bins added or taken away as required.
(b) Council will trim verge plantings that belong to both Council and those from private properties obstructing footpaths and endeavours to maintain these on an ongoing basis.  However, residents are encouraged to make contact with Council if there is an urgent issue and it will be dealt with as quickly as possible.

(c) Construction of new footpaths is based on a priority system and available funding.  The forward Local Footpath Improvement Program is outlined in the Operational Plan.

Currently Council has funds set aside for maintenance of footpaths for safety reasons.  The strategy for maintenance of footpaths damaged by tree roots is to work around the area without damaging the tree and its root system.  Sometimes this treatment involves application of asphaltic concrete to reconstruct/repair the footpath to minimise cost of future inspection/ maintenance.

(d) Council has no control over the management of supermarket trolleys however does have the ability to impound offending trolleys.  Unfortunately, the cost of employing extra staff to impound the trolleys sizably outweighs the impounding fee.  Council's Waste Management Branch does at times engage in public education in an attempt to alleviate the problem.

3. Roads
(a) Traffic is an increasing problem on Edgeworth David Ave with many traffic lights which do not reduce speed. 
A long term plan should be developed for this major east-west route to Hornsby.
(b) Suggests reduction of lanes on Edgeworth David Avenue and reduction of speed to 40 km/h, which would allow for cyclist-only lane and would facilitate sustainability and carbon reduction priorities, health, and safety for school students.

Not supported
(a) Council’s Strategic Transport Model, developed in close collaboration with state government agencies, is regularly updated to reflect recent redevelopment to ensure the road network and active transport options are developed to meet future traffic growth. Changes to the road network are funded from developer contributions with assistance from Roads and Maritime Services (RMS). Only the projects meeting the higher value for money criteria are considered for implementation.

The traffic signals at Edgeworth David Avenue and Balmoral Street were funded by the National Blackspot Program. As well as addressing a serious crash location, the new traffic signals improve pedestrian access between the residential areas currently under redevelopment to the south of Edgeworth David Avenue, and the local shops to the north.
(b) Council has no plans to reduce the number of lanes on Edgeworth David Avenue as four lanes are required to carry the current and increasing traffic volumes. Roundabout intersection control is not appropriate on roads carrying higher traffic volumes, and are not pedestrian or bicycle friendly.

The RMS is responsible for speed limits. In mid 2015 Council requested RMS review the speed limits on Edgeworth David Avenue, Myra Street and Ingram Road. Council is waiting for confirmation as to when this will occur.

4. Sustainability
Outcome 1C of the Operational Plan mentions "... sustainability principles" but there is little elaboration in other areas of the Plan, and no budget item to allow specific funding for reduction of carbon producing activities. 
Suggestions:  move to renewables-based fuels such as battery powered council vehicles, solar panels on council buildings, the requirement for developments to include directly sustainable measures such as solar panels and solar hot water boosting.

Not supported
Council’s Environmental Sustainability Team has a reoccurring budget for the implementation / installation of sustainability measures such as solar panels, LED lighting upgrades, solar hot water systems, timers, air conditioning controls and water efficiency devices.

The Environmental Sustainability Team works collaboratively with other areas of Council to ensure sustainability measures are taken into consideration and integrated into corporate policies, strategies and actions within the Operational Plan.  Specific sustainability measures to be implemented in the coming years are also outlined in the Natural Resources Branch Strategy, Sustainable Energy Action Plan, Sustainable Total Water Cycle Management Strategy and Climate Change Adaptation Strategic Plan.

5. Development
Council should implement a large developer bond so developers maintain clean and safe footpath access and clean environment, and be large enough to cover fines for breaches.

Not supported
Council does charge a footpath inspection fee at the time of lodgement of a Development Application.  Council officers then carry out an inspection prior to the issue of an Occupation Certificate.

2

Keith Whitelock

Run down condition of paved footpath area between College Crescent and Hornsby Station

Keen to see Council invest money from new apartment blocks on upgrading paved areas in this vicinity with new contemporary look.

Noted
Section 94 contributions are levied on developers to provide roads, open space, recreation and community facilities to service the extra population that their development will service. Works schedules are contained in Council's Section 94 and 94A Development Contributions Plans, and the upgrade of the pedestrian footpath along the Pacific Highway is not in the current Plans. Currently funds are set aside for new concrete footpaths based on a priority system and available funding.  The forward Local Footpath Improvement Program is outlined in the Operational Plan.  Funds are also set aside for maintenance on footpaths for safety reasons.

3

Kara Dubois

Would like a footpath in Nancy Place, Galston

What is the best way to apply for a footpath?

Noted
Council operates a prioritisation system for footpath requests.  Each request goes through an assessment process against a set of criteria to assess its priority score which determines its place on the list for inclusion in the footpath program.

Nancy Place, Galston has not previously been requested.  It has now been added and its priority score would most likely make it a candidate for inclusion in Council's next four year rolling program.  Priority of all projects is reviewed annually.

4

June Tyrrell

Galston Community Centre - fee structure and increases

Requesting separate hiring fees for Hall 1 and Hall 2, minus kitchens and meeting room as they do not use them, and annual fee increases are pricing small groups out of the Centre.

Not supported

The request has been raised on a number of occasions and the Volunteer Management Committee that runs the Centre has had lengthy discussions.  Although this hirer does not use the kitchens and meeting rooms, her activities prevent any other hirer using the kitchens.  Also, the air-conditioning controls for the facility are in the kitchen pantry.  Cost increase $1 per hour from 2015/16 to 2016/17.

5

Sceptre Group (Westfield)

Proposed additional rating Business sub category for Hornsby CBD

• Council provided no explanation or justification.
• There is no clear rationale.
• The increase will be passed onto retail businesses and no analysis provided on impact on businesses or why retailers inside and outside of a shopping centre are treated differently (48% increase).
• Concern that Council will continue to inequitably increase rates in the future.

Not supported
Analysis of the Business CBD category resulted in a major retail shopping site paying rates less than 10 years ago compared to surrounding businesses that had increased on average by 41% over the same period. The new sub-category has been created to ensure that the rate burden is distributed on an equitable basis.

6

Shopping Centre Council of Australia

Proposed additional rating Business sub category for Hornsby CBD

Objects to the proposal as disproportionate rate increase on a small number of properties with no appropriate justification or related safeguards.  Will be raising the issue with IPART in their Review of Local Government Rating System.

Not supported

Analysis of the Business CBD category resulted in a major retail shopping site paying rates less than 10 years ago compared to surrounding businesses that had increased on average by 41% over the same period. The new sub-category has been created to ensure that the rate burden is distributed on an equitable basis.

There were also three fees identified by a staff member during the exhibition period which will no longer be applicable.  Details are summarised in Table 1B below.

Table 1B

No.

Division

Summary of Issues

Recommendation

1b

Infrastructure and Recreation Division

p47 - Planning and Building Fees and Charges - three items referencing provision of CD for specifications under 'Subdivision Certificate, Roads and Drainage' no longer applicable as will be available on website free of charge 

Remove items :

‘5. MISCELLANEOUS ITEMS

(1), (2) and (3)’ on p 47 and renumber those remaining below

 

During the exhibition period, there were further minor changes suggested by Council staff to improve clarity of the information contained in the documents, and those changes have been incorporated in the final versions of the documents.

Rates Structure

The rates structure included in the draft 2016/17 Operational Plan was based on the general increase determined by IPART i.e. a 1.8% increase to apply to the Ordinary and Catchments Remediation Rates.  The Ordinary and Catchments Remediation Rates tables (Tables 2 and 3 below) have been updated to take into account adjustments due to recategorisation of properties and supplementary rates since exhibition.  This has affected the ‘Rate in the $ (based on land value)’, ‘% of Total Rate’, ‘Yield $’ columns and the overall totals, increasing the total rates levied to $74,312,488. The boundary change relating to the area south of the M2 will reduce the total rates levied by a material amount (see discussion in Council Amalgamation section below).

Additionally, as reported to Council on 13 April 2016 in Deputy General Manager’s Report No. CS8/16 the 16/17 rates structure saw the creation of a sub-category under the Hornsby CBD Business Rate called – “Major Retail Shopping Centre”. The main reason for the introduction of this sub category is to ensure that rates for the major retail shopping centre are not unfairly increased as a result of an above average land valuation, and also to ensure that the rate burden is not unfairly placed on surrounding business ratepayers should a lower than average land valuation apply to property in the sub-category. The creation of the sub-category has not increased the total rates levied by Council in the 2016/17 financial year.

Two submissions have been received in respect of the creation of the new sub-category.

Table 2 – Ordinary Rates

Category

Rate in the $ (based on land value)

Minimum Rate $

Base Amount ($)

Base Amount (%)

% of Total Rate

Yield ($)

Residential

0.122090

 

$519

46%

87.71%

62,078,098

Farmland

0.121239

 

$519

29%

0.79%

559,135

Business

0.446813

$548

 

 

6.83%

4,834,037

Business (Hornsby CBD)

0.888277

$548

 

 

3.19%

2,257,644

Business (Shopping Centre)

1.301390

 

 

 

1.48%

1,047,619

Total

 

 

 

 

100%

70,776,533

 

Table 3 – Catchments Remediation Rate

(NB. There are no minimum or base amounts in respect of this rate)

Category

Rate in the $ (based on land value)

Yield ($)

Residential

0.011391

3,101,377

Farmland

0.008493

27,934

Business

0.023613

241,513

Business (Hornsby CBD)

0.044362

112,750

Business (Shopping Centre)

0.065070

52,381

Total

 

3,535,955

 

Total Rates Levied                                                                                                        $74,312,488

 

Rate Reductions for Eligible Pensioners

Eligible pensioners across NSW are entitled to a $250 reduction in the ordinary rates and domestic waste management services.  Details regarding the pensioner rebate are available in the Rating Information section of the Operational Plan 2016/17.

The $250 rebate may require consideration in the future due to the Commonwealth Government’s removal of support for pensioner rebates as part of its 2014/15 budget.  To date the NSW State Government has covered the funding shortfall due to the removal of Commonwealth funding, but this is not guaranteed in the future. 

CONSULTATION 

Council engaged its community in discussing a preferred future for the Shire which resulted in Council’s first Community Strategic Plan being adopted in 2010. The 2016/17 Operational Plan (including the Budget and Fees and Charges) responds to the Community Strategic Plan and has been prepared after detailed discussions with relevant staff, consideration by Council and public exhibition of draft proposals. Councillors were provided with a briefing on the contents of the draft documents on 16 March 2016. Draft documents were placed on public exhibition from 14 April to 13 May 2016.  Regular hirers of Council’s facilities were advised of the proposed fee increases for 2016/17.

BUDGET

Consistent with Council’s goal to maintain prudent financial management and to allocate financial surpluses towards key strategic matters, the publicly displayed draft 2016/17 Annual Budget included an estimated surplus of $82,000 after allowing for a transfer of $10 million towards funding a Section 94 funding gap identified in Council’s 2012-2021 Section 94 Development Contributions Plan. The boundary change relating to the area south of the M2 Motorway means this transfer will now not be possible (see discussion in Council Amalgamation section below).

The estimated surplus of $82,000 remains, and has been achieved without the need to undertake external loan borrowing. Over the past five years, considerable savings have been made by not providing for any increase in non-salary related operating budgets, i.e. no increases in the costs associated with plant, materials, etc. Any increases in these areas have needed to be met by efficiency and other gains across Council in those years.

While on display the proposed construction of the new Berowra Rural Fire Brigade station within the Hornsby Kuring-Gai District has been given a high priority by the NSW Rural Fire Service (NSW RFS). Council has agreed in ‘principle’ to forward fund this project and seek reimbursement from the NSW RFS for construction of costs over a number of years. The capital funding for this project has been set aside against Council’s internally restricted asset funds. These internally restricted asset funds will be restored upon reimbursement from the NSW RFS.

Council Amalgamation Declaration

During the period in which the Operational Plan was prepared, the NSW Government (on 18 December 2015) announced 35 merger proposals across the State including that the Hornsby Shire Council area, north of where the M2 Motorway crosses the Shire, be merged with Ku-ring-gai Council (the Hornsby/Ku-ring-gai proposal) and the area south of the M2 Motorway become part of Parramatta City Council (the expanded Parramatta proposal).

On 12 May 2016 the Minister for Local Government proclaimed the creation of 19 new Councils across NSW.  This included the creation of the City of Parramatta Council (City of Parramatta and Cumberland Proclamation 2016) and confirmed the transfer of the Hornsby Shire Council area south of the M2 Motorway to the new City of Parramatta Council effective from 12 May 2016. The likely financial impact of this on the Annual Budget was previously reported to Council on 10 February 2016 in Acting General Manager’s Report No. GM2/16.

As a consequence of this boundary adjustment with the City of Parramatta Council, the ability to transfer $10 million towards the Section 94 funding gap identified in Council’s 2012-2021 Section 94 Development Contributions Plan will not be possible. Total rate income levied by Council in the 16/17 financial year is also estimated to decrease by $9.7m.

Although the amalgamation of Hornsby and Ku-ring-gai Council was not one of the 19 newly created Councils, the Minister indicated his in-principle support for the merger of Hornsby and Ku-ring-gai to proceed. A proclamation for a new Hornsby/Ku-ring-gai Council by the NSW State Government would be likely to set a future date by which a new Operational Plan and Annual Budget must be adopted which will also include up to date revenue and expenditure estimates on the loss of the area south of the M2 Motorway.

POLICY

The four year Delivery Program is Council’s principal instruction to the organisation and the underlying annual Operational Plans allocate resources and contain the detail on what will be done to implement the Delivery Program.

CONCLUSION

The 2016/17 Operational Plan including the Budget and Fees and Charges for that year encompass the priorities and expected levels of service voiced by the community.  Council will respond by providing services in a prudent and financially viable manner. Once adopted, the 2016/17 Operational Plan (including the Budget and Fees and Charges for 2016/17) will be distributed electronically and in hard copy to Councillors, staff and interested persons.

RESPONSIBLE OFFICER

The officers responsible for the preparation of this Report are the Acting Chief Financial Officer – Duncan Chell and the Manager Strategy and Communications – Julie Williams, who can be contacted on 9847 6822 and 9847 6790 respectively.

 

 

 

 

 

 

Glen Magus

Acting Deputy General Manager

Corporate Support Division

 

 

 

 

Gary Bensley

Acting General Manager

Office of the General Manager

 

 

 

Attachments:

There are no attachments for this report.

 

File Reference:           F2015/00473

Document Number:    D06945486

 


 

Deputy General Manager's Report No. CS17/16

Corporate Support Division

Date of Meeting: 8/06/2016

 

3        LOCAL GOVERNMENT REMUNERATION TRIBUNAL - 2016 REPORT AND DETERMINATION - MAYOR AND COUNCILLOR FEES - 2016/17 FINANCIAL YEAR   

 

 

EXECUTIVE SUMMARY

·              Sections 248(2) and 249(3) of the Local Government Act provide respectively for Council to once each year fix the annual fee payable to Councillors and the additional annual fee payable to the Mayor.

·              The annual fees must be fixed in accordance with the relevant annual determination of the Local Government Remuneration Tribunal.

·              Based on the Tribunal’s 2016 Report and Determination, it is recommended that Council approve a 2.5% increase in Councillor and Mayoral fees for 2016/17.

·              Acceptance of such recommendation would result in each Councillor receiving an annual fee of $23,950 and the Mayor receiving an additional annual fee of $63,640 for the 2016/17 financial year.

·              Sufficient funds have been allocated in the 2016/17 Budget to cover a 2.5% increase in the fees payable to Councillors and the Mayor.

 

RECOMMENDATION

THAT:

1.         As a consequence of the 2016 Report and Determination of the Local Government Remuneration Tribunal, Council note that it remains in the Metropolitan Centre Category of NSW councils for the period 1 July 2016 to 30 June 2017.

2.         In accordance with Section 248 of the Local Government Act, and having considered the 2016 Report and Determination of the Local Government Remuneration Tribunal, an annual fee of $23,950 be paid to each Councillor for the period 1 July 2016 to 30 June 2017.

3.         In accordance with Section 249 of the Local Government Act, and having considered the 2016 Report and Determination of the Local Government Remuneration Tribunal, an additional annual fee of $63,640 be paid to the Mayor for the period 1 July 2016 to 30 June 2017.

 


PURPOSE

The purpose of this Report is to provide Council with the 2016 Report and Determination of the Local Government Remuneration Tribunal such that Council can determine the amount of the fee payable to each Councillor, and the additional fee payable to the Mayor, for the 2016/17 financial year.

BACKGROUND

The Local Government Remuneration Tribunal is established under Chapter 9, Part 2, Division 4 of the Local Government Act.  In this regard, Section 239 of the Act states:

(1)        The Remuneration Tribunal must, at least once every 3 years:

(a)        determine categories for councils and mayoral offices, and

(b)        place each council and mayoral office into one of the categories it has determined.

(2)        The determination of categories by the Remuneration Tribunal is for the purpose of enabling the Remuneration Tribunal to determine the maximum and minimum amounts of fees to be paid to mayors and councillors in each of the categories so determined.

Section 241 of the Act states:

The Remuneration Tribunal must, not later than 1 May in each year, determine, in each of the categories determined under section 239, the maximum and minimum amounts of fees to be paid during the following year to councillors (other than mayors) and mayors.

The Tribunal has completed its 2016 Report and Determination recommending the fees payable to councillors and mayors for the 2016/17 financial year – see copy attached.

DISCUSSION

As it was not expected that a decision on, or implementation of structural or legislative reforms to local government would be finalised prior to the Tribunal making its determination on or before 30 April 2016, and given the limitations placed on the Tribunal in respect of determining increases in fees, mayors were advised by the Tribunal on 20 January 2016 that general submissions from individual councils were not required for the 2016 review. The Tribunal did, however, seek a submission from Local Government NSW (LGNSW) and subsequently met with the President and Chief Executive of LGNSW. A copy of LGNSW’s submission to the Tribunal is attached.

In its 2016 Report, the Tribunal is of the view that significant changes to the structure of councils realised through merger proposals, which are expected to be finalised in mid 2016, should prompt a revision of the criteria for determining categories and fees.  At this point in time, however, it decided that Hornsby should remain in the Metropolitan Centre category of NSW councils along with Bankstown, Campbelltown, Fairfield, Gosford, The Hills, Hurstville, Lake Macquarie, Liverpool, North Sydney, Randwick, Ryde, Sutherland, Warringah, Willoughby and Wyong Councils.

The Tribunal also noted that the Government’s Fit for the Future Progress Report – Stronger Councils, Stronger Communities identified a number of strategies to strengthen local leadership including a review of councillor remuneration during 2016.  However, currently the public sector wages policy, which the Tribunal must take into account when determining the increase in fees to apply, provides for a cap on increases of 2.5%.

Having considered the Government’s wages policy, a number of key economic indicators including the Consumer Price Index and Wage Price Index, as well as the requirements of relevant legislation and the views of the Tribunal’s assessors, the Tribunal has determined that an increase of 2.5% in fees payable to councillors and mayors is appropriate for the 2016/17 financial year.  The Tribunal has noted that such increase is the maximum increase that it was authorised by the NSW Government to determine.

Impact on Council

The fees determined by the Tribunal as being applicable to the Metropolitan Centre category of councils are:

Councillor

Mayor

Annual Fee

Minimum - Maximum

Additional Fee

Minimum - Maximum

$12,830 - $23,950

$27,260 - $63,640

In June 2015, when Council determined the fees payable to Councillors and the Mayor for the 2015/16 financial year, it resolved to pay fees at the maximum level which applied to Metropolitan Centre councils.

Fit for the Future Considerations

In considering this Report, it should be noted that the potential amalgamation of Hornsby and Ku-ring-gai Councils would most probably result in no councillors being retained as an elected body. However, if the amalgamation goes ahead, the NSW Government has commented that the skills and experience of former mayors and councillors will be an asset to any newly formed council and as such many may be selected by administrators of merged councils to sit on local committees in order to provide assistance during the transition stage. In this regard, the Government has indicated that mayors and councillors who are selected by administrators to be on these committees will continue to be paid at the same level. Accordingly, it is appropriate for a decision to be made regarding the fees to be paid to the Mayor and Councillors for 2016/17 even if an amalgamation is progressed.

BUDGET

Sufficient funds have been allocated in the 2016/17 Budget to cover a 2.5% increase in the fees payable to Councillors and the Mayor.

POLICY

There are no policy implications associated with this Report.

CONCLUSION

It is considered appropriate that the maximum fee for the Metropolitan Centre category continue to be paid to Hornsby Shire Councillors and the Mayor for the period 1 July 2016 to 30 June 2017.  This would result in each Councillor receiving an annual fee of $23,950 and the Mayor receiving an additional annual fee of $63,640 for the 2016/17 financial year.

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

LGNSW Submission to The Local Government Remuneration Tribunal

 

 

2.View

Local Government Remuneration Tribunal Annual Report

 

 

 

 

 

File Reference:           F2004/09552

Document Number:    D06948252

 


 

Deputy General Manager's Report No. CS18/16

Corporate Support Division

Date of Meeting: 8/06/2016

 

4        OUTSTANDING COUNCIL RESOLUTIONS - PERIOD UNTIL 29 FEBRUARY 2016   

 

 

EXECUTIVE SUMMARY

·              Clause 32A of the Code of Meeting Practice deals with the implementation of Council resolutions.

·              The Clause requires that a quarterly report be prepared for Council’s consideration detailing resolutions which have not been substantially implemented within two months of being adopted as well as any impediments to their finalisation.

·              In accordance with the Code, each Division has carried out a review of any resolutions adopted by Council up until the end of February 2016 which have not been substantially implemented.

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

 

RECOMMENDATION

THAT the contents of Deputy General Manager’s Report No. CS18/16 be received and noted.

 


PURPOSE

The purpose of this Report is to comply with Council’s Code of Meeting Practice and provide details in respect of resolutions adopted by Council up until the end of February 2016 which have not been substantially implemented.

BACKGROUND

Clause 32A of the Code of Meeting Practice deals with the implementation of Council resolutions and requires that a quarterly report be prepared detailing resolutions which have not been substantially implemented within two months of being adopted as well as any impediments to their finalisation.  The reports are generally submitted for Council’s consideration at the General Meetings in March, June, September and December each year.

DISCUSSION

In accordance with the Code of Meeting Practice, each Division has carried out a review of any resolutions adopted by Council up until the end of February 2016 which have not been substantially implemented.  This has resulted in the attached table being prepared which shows a list of outstanding resolutions per Division.  Details are provided about the:

·              Report Number and Name

·              Outstanding Resolution

·              Latest Status

·              Comment

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

BUDGET

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

POLICY

The preparation of this Report meets the requirements of Clause 32A of the Code of Meeting Practice.

CONCLUSION

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

RESPONSIBLE OFFICER

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

 

 

 

 

 

 

Robyn Abicair

Manager - Governance and Customer Service

Corporate Support Division

 

 

 

 

Glen Magus

Acting Deputy General Manager

Corporate Support Division

 

 

 

Attachments:

1.View

Outstanding Council Resolutions for Period Ending 29 February 2016

 

 

 

 

File Reference:           F2005/00112

Document Number:    D06948312

 


 

Deputy General Manager's Report No. CS19/16

Corporate Support Division

Date of Meeting: 8/06/2016

 

5        DEBTS TO BE WRITTEN OFF - 2015/16 FINANCIAL YEAR   

 

 

EXECUTIVE SUMMARY

·              The Financial Services Branch is responsible for assessing Council’s outstanding debtors on a regular basis to determine those debts which are bad, doubtful or recoverable.

·              For 2015/16, it is recommended that Council write off debts considered bad totalling $49,714 (see Schedule A); and note debts considered bad totalling $2,269 (see Schedule B) which will be written off under the General Manager's delegated authority.

·              Council’s consideration of this Report ensures that the relevant legislative requirements and Council protocols have been met in respect of those debts to be written off.

·              The write-off of debts for 2015/16 will be met from a $12,000 budget allocated for this purpose, plus the reallocation of minor savings in Divisional budgets across the organisation.

 

RECOMMENDATION

THAT for 2015/16, and in accordance with Clause 213 of the Local Government (General) Regulation, Council:

1.         Write off debts considered bad totalling $49,714 (as detailed in Schedule A attached to Acting Deputy General Manager’s Report No. CS19/16).

2.         Note debts considered bad totalling $2,269 which will be written off under the General Manager’s delegated authority (as detailed in Schedule B attached to Deputy General Manager’s Report No. CS19/16).

 


PURPOSE

The purpose of this Report is to seek Council approval, in accordance with Clause 213 of the Local Government (General) Regulation, to write off debts considered bad for the 2015/16 financial year.

BACKGROUND

Each year, the Financial Services Branch assesses the status of outstanding debtors to determine those debts which are bad, doubtful or recoverable. Debts considered bad are either recommended for write off by the General Manager under delegated authority or submitted to Council for approval to write off.  (N.B. Doubtful debts are provided for in the financial records in contrast to bad debts which are written off)

DISCUSSION

The writing off of debts by Council is undertaken in accordance with Clause 213 of the Local Government (General) Regulation.  At the Ordinary Meeting held on 10 July 1996, Council resolved that the General Manager be delegated authority to write off individual debts up to $1,000 which are considered irrecoverable.  Debts over $1,000 may only be written off by resolution of Council. The amount of bad debts written off by Council in accordance with Clause 213 of the Regulation over the last three financial years has been:

            2012/13                      $75,430

            2013/14                        $7,477

            2014/15                        $2,379

For 2015/16, it is recommended that Council write off debts considered bad totalling $49,714 (see details in Schedule A); and note debts considered bad totalling $2,269 which will be written off under the General Manager's delegated authority (see details in Schedule B).  It should be noted that even if a debt is written off, Council is not prevented from taking future legal proceedings to recover the debt.

The level of debt to be written off in the 2015/16 financial year has increased when compared to prior years. This is attributable to irrecoverable commercial rent where businesses have failed whilst renting Council properties. A number of initiatives have been introduced by the Property Services team to better mitigate against the risk of unpaid commercial rent.

CONSULTATION

This Report has been prepared in consultation with Council’s debt collection agency – Recoveries and Reconstruction (Australia) Pty Ltd; Council’s Operations Accounting Manager and other relevant Council staff.

BUDGET

The 2015/16 budget for bad debts written off is $12,000. This will be supplemented with the reallocation of minor savings in Divisional budgets across the organisation in order to write off the debts.

POLICY

There are no policy implications associated with this Report.

CONCLUSION

The write-off of bad debts for the 2015/16 financial year is detailed in the documents attached to this Report.  Council’s consideration of the Report and its attachments ensures that the relevant legislative requirements and Council protocols have been met in respect of those debts to be written off.

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

Schedule A

 

 

2.View

Schedule B

 

 

 

 

File Reference:           F2004/06978-02

Document Number:    D06949121

 


 

Deputy General Manager's Report No. CS20/16

Corporate Support Division

Date of Meeting: 8/06/2016

 

6        NORTHERN SYDNEY REGIONAL ORGANISATION OF COUNCILS - AMENDMENT OF CONSTITUTION   

 

 

EXECUTIVE SUMMARY

·              The Northern Sydney Regional Organisation of Councils (NSROC) has been considering options for its ongoing operations in the context of the local government reform process.

·              After reviewing various possibilities and taking into account legal advice, the NSROC Board formed the view that it would like to provide for the continued operation of the NSROC Board throughout council transition periods. As such, the Board resolved to amend its Constitution by providing for council representation on the Board if and when councils are dissolved as a result of the reform process.

·              The proposed amendments to the Constitution will allow councils which are in place prior to dissolution to nominate representatives to occupy the Board during a transition period until new council elections are held. In this regard, the Board has recommended that each member council support the proposed amendments to the Constitution and also nominate representatives for the Board in the event that NSROC councils are dissolved.

·              Based on the outcome of the most recent NSROC Board meeting, it is proposed that Council support the proposed amendments to the NSROC Constitution. In this regard, it is recommended that Council’s current delegates to NSROC i.e. Mayor Russell and Councillor Tilbury (or Councillor Tilbury’s alternates if required) be delegated authority to vote in favour of the change to the Constitution at the Extraordinary NSROC Board meeting scheduled for 9 June 2016. Further, if Hornsby Shire Council is dissolved as part of the local government reform process, that Steve Russell and Nathan Tilbury be nominated as Council’s representatives on the NSROC Board until the next local government election.

RECOMMENDATION

THAT

1.         Council endorse the proposed amendment to the Constitution of the Northern Sydney Regional Organisation of Councils (NSROC) and delegate authority to the Mayor and Councillor Tilbury (or alternates Councillor Browne, Councillor Anisse or Councillor Hutchence) to vote in favour of the proposed amendment at the NSROC Extraordinary Board meeting scheduled for 9 June 2016.

2.         Should the amended NSROC Constitution be adopted at the NSROC Board Meeting, Steve Russell and Nathan Tilbury be nominated as alternative representatives on the NSROC Board for the period until the next local government election if Hornsby Shire Council is dissolved, amalgamated or otherwise ceases to exist.

 


PURPOSE

The purpose of this Report is to determine whether Council is supportive of proposed changes to NSROC’s Constitution in respect of who will represent Council on the NSROC Board in a period where the Council is not constituted by elected Councillors, and if so, to nominate two Councillors who would become alternative delegates to the NSROC Board up until the next local government election if Hornsby Shire Council is dissolved, amalgamated or otherwise ceases to exist.

BACKGROUND

NSROC consists of seven member councils, all of whom are subject to the Government’s Fit for the Future amalgamation process. The NSROC Board comprises two representatives from each member Council, being the Mayor and one Councillor.

In April 2016, NSROC General Managers considered the potential impact to NSROC and its Board if Mayors and Councillors from the member councils are not available to populate the Board due to actions associated with council amalgamations. The NSROC Board subsequently met and considered various options at its February and May 2016 meetings, and formed the view that it would be preferable to enable continued operation of NSROC throughout council transition periods. In this regard, the Board has recommended that each member council support a change to the NSROC Constitution that would allow councils which are in place prior to dissolution to nominate representatives to populate the Board during a transition period until new council elections are held.

DISCUSSION

The NSROC Constitution currently requires that its Board consist of two delegates from each member council, who must be the Mayor and a Councillor. As a consequence of actions emanating from the NSW Government’s Fit for the Future process, NSROC obtained legal advice on the future operation of NSROC in the context of council amalgamations and how the organisation could operate if member councils were removed and no representatives of member councils were available to hold Board positions. The legal advice, in part and in summary, is that:

·              the likely effect of proclamations to amalgamate councils would be to transfer the membership in NSROC of each of the current councils to the new councils;

·              until new council elections are held there would be no delegates to sit on the Board. The effect of this would be that there would be no Board for that period of time as the NSROC Constitution specifically nominates mayors and a councillor from each member council as member representatives who form the Board;

·              provided suitable delegations are in place, the association (NSROC) could continue to operate without Board supervision under a budget approved by the Board before proclamations, through such delegations, and with the benefit of oversight by the General Managers Advisory Committee. However, no decisions requiring Board approval could be made.

Assuming that no special carry-over clause for Regional Organisations of Councils (ROC’s) appears in any proclamations to remove its member councils (noting that there have been no such clauses in the proclamations to date), and no action is taken to wind-up the association, the operation of NSROC up until the time elections for the new councils are held could be achieved by one of the following three options:

1.         Amending the Constitution such that current member councils’ councillors could populate the Board in 2016/17.

2.         Operating NSROC without a Board

3.         Having council administrators form the Board

It is noted that continued operation until the new council elections under any of these three options would not breach the Associations Incorporation Act 2009.

After considering various potential actions proposed in the legal advice, the NSROC Board resolved to amend its Constitution so that the Board could be populated by council delegates (i.e. named individuals). The Board further recommended that two councillors each from current member councils fill NSROC Board positions until council elections are held. This would allow for continuity in the management of collaboration amongst councils and a platform for delivery of the approved business plan. The draft Constitutional amendments (copy attached) would enable current member councils to nominate current councillors as ongoing delegates during the time the new council is in administration until new elections are held.  Ongoing representation would then be resolved by the new member council.

Implementation of option 1 above, as recommended by the NSROC Board, requires that:

·              Member councils form a view on the recommended constitutional amendments and give authority to their delegates to take that view to a meeting of NSROC (the association);

·              A meeting of the NSROC Board is called with at least 21 days’ notice to consider the proposed amendments to the Constitution as a special resolution;

·              In line with the Associations Incorporation Act 2009, the special resolution must be supported by at least three-quarters of the votes cast by members of NSROC who are entitled to vote on the resolution under the NSROC’s Constitution. The NSROC Constitution currently states that each delegate or bona fide alternative delegate is entitled to vote, in person only. A further clause of the Constitution states that in these circumstances the majority of member councils must be represented by at least one delegate.

The effect of the above is that for the special resolution to pass at least four of the seven member Councils would need to have duly authorised delegates at the meeting and that three-quarters of those present and entitled to vote support the resolution. For example, if all 14 delegates were present, this would mean that 11 supporting votes would be required.

Once passed, the amended Constitution would need to be approved by the regulator of incorporated associations (the Commissioner for Fair Trading) before coming into effect. No impediment to such is anticipated.

_________________________

In preparing this Report and proposed actions, Council officers have been cognisant of the resolution emanating from Council’s consideration of Mayoral Minute MM9/15 of the 14 October 2015 General Meeting.  This Mayoral Minute called for a review of council’s membership of Local Government NSW (LGNSW) and the NSROC.  It is noted that no action has yet been taken in this regard as it was considered prudent to await outcomes of the local government reform process to determine if these ROC’s (or associations) will continue to be relevant for newly formed councils.  As such, it is appropriate that Council proceed to consider the amendment of the NSROC Constitution as outlined in this Report and determine a position in respect of the proposed amendments and Board representation.

CONSULTATION 

The preparation of this Report had regard to information provided from the Executive Director of NSROC.

BUDGET

There are no budgetary implications associated with this Report.

POLICY

There are no policy implications associated with this Report.

CONCLUSION

The NSROC Board is recommending that Council support insertion of transitional provisions into its Constitution which enables two representatives (named individuals) from each of the (current) member Councils to sit on the Board until the next local government elections if the current councils are dissolved, amalgamated or otherwise cease to exist. While continued operation of NSROC is not precluded if these amendments to the Constitution are not made, the recommended option by the NSROC Board would allow for continuity of current councils’ representatives during the interim period of councils operating under administration.

RESPONSIBLE OFFICER

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

 

 

 

 

Glen Magus

Acting Deputy General Manager

Corporate Support Division

 

 

 

Gary Bensley

Acting General Manager

Office of the General Manager

 

 

 

Attachments:

1.View

NSROC Amended Constitution (Amendments Shown In Red)

 

 

 

 

File Reference:           F2004/07189-02

Document Number:    D06952563

  


 

Group Manager's Report No. EH7/16

Environment and Human Services Division

Date of Meeting: 8/06/2016

 

7        TENDER RFT1/2016 - MATTRESS RECYCLING   

 

 

EXECUTIVE SUMMARY

·              Request for Tender RFT1/2016 was for the provision of a trial mattress recycling program that aimed to collect data from the current scheduled bulky waste clean-up services provided across Hornsby Shire.

·              The tender was called on 1 March 2016 with a total of two tenders received. One tender was assessed as non-conforming and was not considered any further. The remaining tender was assessed as having the capacity to deliver a mattress recycling service on a trial basis.

·              The merits of the mattress recycling trial progressing at this time were reassessed in light of the transfer of suburbs south of the M2 motorway to the City of Parramatta and the NSW Governments in-principle support for a merger of Hornsby and Ku-ring-gai.

·              It is recommended that Council reject all tenders and does not proceed with a mattress recycling study at this point in time.

·              The proposed trial was to be funded from the EPA’s “Better Waste Recycle More” funding allocated to council.  The EPA have provided support for Council to reallocate the grant funds to other litter projects within the Shire.

 

RECOMMENDATION

THAT Council reject all tenders for the collection of mattresses.

 


PURPOSE

The purpose of this Report is to provide a recommendation for the rejection of tender RFT1/2016: Mattress Recycling.

BACKGROUND

In 2015 Council submitted a number of applications to the EPA under its “Better Waste and Recycle More Fund” aimed at advancing domestic waste and recycling programs in Local government.  One of the applications accepted by the EPA was for a trial mattress recycling study associated with Council’s bulky waste collection.

Mattresses are currently collected as part of the bulky waste collection and taken to landfill for disposal.  Separately collecting and reprocessing mattresses would result in landfill space savings but potentially at extra cost.

The mattress recycling study was for a one year trial program that would collect mattresses placed out in the scheduled bulky waste clean-up service.  The service was to be performed alongside the current bulky waste collection service however would not be advertised to residents as a separate service.  The study would provide data on the number of mattresses being placed out for collection as part of the bulky waste collection and enable an assessment of the merits and costs of providing such a service on an ongoing basis. 

DISCUSSION

The Tender No. RFT1/2016 is a Schedule of Rates tender.  A summary, together with full evaluation details are in Folder F2016/00074.  Excepting this report, the summary and details of the tenders received are to be treated as confidential in accordance with the Local Government Act 1993.

A public tender notice was issued on Tenderlink in March 2016.

Two (2) tenders were received for Tender No. RFT1/2016 from the following companies.

·              Great Lakes Community Resources.

·              TIC (Mattress Recycling) Pty Ltd.

The tender submitted by Great Lakes Community Resources was considered to be non-conforming and therefore was not assessed further.

Tender Evaluation

As part of the evaluation process price and non-price criteria were developed and scored by the evaluation panel.

The criteria included:

·              Price

·              Capacity and experience

·              Staff

·              Work Health and Safety

·              Insurance coverage

The results of the evaluation indicate that the sole conforming tenderer, TIC (Mattress Recycling) Pty Ltd has the capacity to deliver a mattress recycling service on a trial basis.

Since the grant application was submitted and tenders were called, the NSW Government has progressed its Local Government Reform program and areas of Hornsby Shire Council south of the M2 motorway now form part of the City of Parramatta. 

In addition, the NSW Government has also provided its in-principle support for the proposed Hornsby and Ku-ring-gai merger.  Ku-ring-gai council has a different bulky waste collection system from Hornsby Council that would make the administration of such a short term collection trial more complicated and not viable.

It is considered that it would be more appropriate to revisit this project once all boundaries of the Shire are resolved and with consideration to the different bulky waste collection arrangements between the Councils.

As such, it is recommended that Council rejects all tenders and does not proceed with a mattress recycling study at this point in time.

BUDGET

There are no budgetary implications associated with this Report.  Staff have held discussions with the EPA as the granting body, and the EPA have approved the reallocation of the funds to other litter projects within the Shire.

POLICY

There are no policy implications associated with this Report.

CONCLUSION

Tender No.RFT1/2016 was called as part of a proposed mattress recycling study to be funded by the EPA’s Better Waste and Recycle More Fund.  Since receiving the funds and calling tenders, significant changes have occurred to the Hornsby Shire Council boundaries with areas south of the M2 motorway transferred to the City of Parramatta.  The NSW Government has also provided its in‑principle support for the proposed Hornsby and Ku-ring-gai merger.

As such, it is considered that it would be more appropriate to revisit this project once all boundaries of the Shire are resolved and with consideration to the differing bulky waste collection arrangements in place for Hornsby and Ku-ring-gai.

Accordingly, it is recommended that Council rejects all tenders and does not proceed with a mattress recycling study at this point in time.

The EPA have provided support for Council to reallocate the grant funds to other litter projects within the Shire.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Manager, Waste Management Services Branch – Narelle Bowly, who can be contacted on 9847 4869.

 

 

 

 

Narelle Bowly

Manager - Waste Management

Environment and Human Services Division

 

 

 

 

Stephen Fedorow

Group Manager

Environment and Human Services Division

 

 

 

Attachments:

1.View

Confidential Tender Assessment Report - This attachment should be dealt with in confidential session, under Section 10A (2) (d) of the Local Government Act, 1993. This report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the council; or (iii) reveal a trade secret.

 

 

 

 

File Reference:           F2016/00074

Document Number:    D06949589

  


 

Group Manager’s Report No. PL38/16

Planning Division

Date of Meeting: 8/06/2016

 

8        DEVELOPMENT APPLICATION - SECTION 96(2) MODIFICATION TO APPROVED RESIDENTIAL FLAT BUILDINGS COMPRISING 80 UNITS - 301-303 PEATS FERRY ROAD, ASQUITH AND 2-4 LODGE STREET, HORNSBY     

 

 

EXECUTIVE SUMMARY

DA No:

DA/215/2015/A (Lodged on 23 December 2015)   

Description:

Section 96(2) application to modify two x five storey residential flat buildings by increasing the number of units from 80 to 82, alterations to the unit mix and minor design changes. 

Property:

Lot A and B DP 349047, Lot 1 and 2 DP 840373 and Lot 1 DP385418, Nos. 301-303 Peats Ferry Road, Asquith and 2, 2A and 4 Lodge Street, Hornsby

Applicant:

Asquith Property Developments Pty Ltd

Owner:

Mr Robert John Reynolds, Mrs Kathleen Jessie Reynolds, Mr Jing Gao, Ms Jiayi Tan, Mr Tou Liu and Ms Hongjun Song

Estimated Value:

$17,200,000

·              The application involves a Section 96(2) modification to two x five storey residential flat buildings by increasing the number of units from 80 to 82, alterations to the unit mix and minor design changes. 

·              The proposed modification is substantially the same development as approved pursuant to Section 96(2) of the Environmental Planning and Assessment Act 1979 and is generally in compliance with State Environmental Planning Policy No. 65, Apartment Design Guide and Hornsby Development Control Plan 2013. 

·              One submission has been received in respect of the application.

·              It is recommended that the application be approved.

 

RECOMMENDATION

THAT pursuant to Section 96(2) of the Environmental Planning and Assessment Act 1979, Development Application No. DA/251/2015 for demolition of existing structures and construction of two x five storey residential flat buildings and basement car parking and subdivision of No. 4 Lodge St into two lots at Lot A and B DP 349047, Lot 1 and 2 DP 840373 and Lot 1 DP385418, Nos. 301-303 Peats Ferry Road, Asquith and 2, 2A and 4 Lodge Street, Hornsby be amended as detailed in Schedule 1 of Group Manager’s Report No. PL38/16.

 


BACKGROUND

On 12 August 2015, Council approved DA/215/2015 for the demolition of existing structures and construction of two x five storey residential flat buildings comprising 80 units and basement car parking and subdivision of 4 Lodge Street into two lots.

On 11 November 2015, DA/1474/2015 was submitted with Council proposing the construction of a joint basement carpark to service the approved five storey development under DA/215/2015 and an approved five storey development on the eastern adjoining property under DA/214/2015. The eastern adjoining property comprises Nos. 305-307 Peats Ferry Road, 9 Bell Street and 4 Lodge Street, and is subject to an approval for two x five storey residential flat buildings comprising 69 units.

On 23 December 2015, a Section 96(2) application was lodged to modify DA/215/2015 by increasing the number of units from 80 to 82, alterations to the unit mix and minor design changes. This application is the subject of this report.

On 2 May 2016, a meeting was held between Council officers and the applicant to discuss matters relating to the applications lodged with Council on the site and the eastern adjoining property. With respect to DA/215/2015/A which is the subject of this report, Council requested amended plans demonstrating additional privacy measures to improve privacy between balconies and adjoining units.

On 4 May 2016, the applicant submitted amended plans to address these privacy concerns.

On 12 May 2016, DA/1474/2015 was approved under delegated authority for the construction of a joint basement carpark to service the approved residential flat buildings approved under DA/215/2015 and DA/214/2015.

SITE

The site comprises five lots (Lot A and B DP 349047, Nos. 301 - 303 Peats Ferry Road, Asquith and Lot 1 and 2 DP 840373, 2 and 2A Lodge Street, Hornsby) and a portion of Lot 1 DP385418, No. 4 Lodge Street, Hornsby.  The site has a combined area of 3,390m² and is located on the northern side of Peats Ferry Road on the corner of Lodge Street. The site contains three street frontages of 35m to Peats Ferry Road, 100.955m to Lodge Street and 33m to Bell Street. The site experiences a gentle slope to the south western corner of the site with an average grade of 3%.  A drainage easement and restriction as to user for on-site detention is located on the Lodge Street frontage of Nos. 2A and 4 Lodge Street.

Existing improvements on the allotments include a dwelling house on each lot and associated structures including vehicular access driveways from Peats Ferry Road, Lodge Street and Bell Street.  The site and adjoining properties contain exotic and native (exempt) tree species. 

The site forms part of the ‘Hyacinth Street, Asquith’ precinct rezoned for medium-high density residential development in accordance with Council’s Housing Strategy in September 2011.  The precinct is bounded by Lodge Street, Pacific Highway, Hyacinth Street and Bouvardia Street.

The surrounding developments include single and two storey residential dwelling houses.  The site adjoins the R2 – Low Density zone to the north on Bell Street. A five storey residential development has recently been constructed on the southern side of Peats Ferry Road at Nos. 422-426 Peats Ferry Road.  The site is opposite the Asquith Bowling Club on Lodge Street in close proximity to Asquith Boys High School to the south east.  The adjacent eastern site, comprising Nos. 305-307 Peats Ferry Road, 9 Bell Street and 4 Lodge Street, has been approved under DA/214/2015 for 2 x five storey residential flat buildings comprising 69 units. This adjacent eastern site is subject to a Section 96(2) application also included on the business paper for consideration by Council.

The site is located in close proximity to Asquith Railway Station and Asquith Commercial Centre.

APPROVED DEVELOPMENT

The development was approved for the demolition of existing structures and the erection of two x five storey residential flat buildings comprising 80 units and basement car parking and subdivision of No. 4 Lodge Street into two lots.

The approved unit mix comprises 31 x 1 bedroom units, 41 x 2 bedroom units and 8 x 3 bedroom units.  Each building was approved with access via 2 lifts in each building.  The approved buildings comprise balconies fronting Lodge Street, Peats Ferry Road, Bell Street and the eastern setback.

Vehicular access to the development would be centrally located via Lodge Street. A total of 95 car spaces, comprising 12 visitor parking spaces were approved over two basement levels. Pedestrian access to the two buildings would also be provided from Lodge Street, with pedestrian paths providing linkages though the site to foyers and communal open space areas. 

The development would drain to Peats Ferry Road with a below ground detention tank proposed over the south western corner of the upper basement (B1).

Three trees within the Council reserve were approved for removal to accommodate the vehicular access from Lodge Street. A landscape plan was approved showing the removal of exempt tree species within the site and planting of canopy trees and shrubs to achieve a landscape setting.

The subdivision of 4 Lodge Street into two lots formed part of the approval. This subdivision is necessary to create a regular shaped allotment to accommodate the approved development. A deferred commencement condition was applied requiring the registration of the allotment within 12 months of the date of the consent.  The deferred commencement condition has not been satisfied.

The modification

The Section 96 application seeks to modify the approved development by increasing the total number of units from 80 to 82 units, alterations to the unit mix and minor design changes. 

The modified unit mix is proposed as follows:

·              35 x 1 bedroom (increased by four units)

·              39 x 2 bedroom (decreased by two units)

·              8 x 3 bedroom  (unchanged)

The proposal comprises additional mezzanine space at the topmost storey to provide for the two additional units. One of the additional units would be provided within Building 1 (adjoining Peats Ferry Road and Lodge St) with the second additional unit proposed in Building 2 (adjoining Bell St and Lodge St). The proposal would result in all of the units on the fifth floor including mezzanines. The modification is confined to design changes on Level 5 and the mezzanine level only. There are no proposed changes to the lower levels, basement car parking or landscaping under this application.

The application also proposes to modify condition No. 1 to allow for an additional 12 months to satisfy the deferred commencement condition due to unforsceen delays.

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 and would contribute to housing choice in the locality. The modification would result in an additional two dwellings.

2.         STATUTORY CONTROLS

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

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

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

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

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

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

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

With regard to Section 96(2)(a), the modified proposal would remain a two x five storey residential flat building development comprising 82 units over two basement levels. The proposed layout, unit mix and the two additional units proposed would be located within the overall building envelope and would not significantly alter the built form. In this regard, it is considered that the modified application is substantially the same as the development originally approved.

With regard to Section 96(2)(b), the modified proposal did not require referral to any external agencies.

In accordance with Section 96(2)(c) and (d), adjoining owners were notified of the application and one submission has been received. The matters raised in the community submission are discussed in the body of this report.

2.2        Hornsby Local Environmental Plan 2013

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

2.2.1     Zoning of Land and Permissibility

The subject land is zoned R4 (High Density) Residential - under the HLEP.  The objectives of the R4 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 proposed development is defined as ‘residential flat building’ under the HLEP and is permissible in the zone with Council’s consent.

2.2.2     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 17.5m.  The proposed modification complies with this provision.

2.2.3     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 proposal is located within the vicinity of a heritage listed item of local significance at No. 31 Lodge Street and Nos. 269, 384 and 394 Peats Ferry Road, Hornsby.  The heritage listed items are within land zoned R2 Low Density Residential and the site is over 320m south of No. 31 Lodge Street and over 220m north east of the items at Peats Ferry Road. 

The original proposal was considered to have minimal impact on the nearby heritage items and was assessed as satisfactory on heritage grounds. The proposed modification would not significantly alter the perceived bulk, scale and built form of the development when viewed from surrounding areas. The proposed modification would not have an unreasonable impact on nearby heritage items and is acceptable with respect to Council’s heritage provisions. 

2.2.4     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 matter was assessed at the time of the original application. The modified proposal does not include any further excavation and therefore, no further assessment is necessary.

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

State Environmental Planning Policy No. 55 (SEPP 55) requires that consent must not be granted 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.

This matter was assessed under the original application. The proposed modification would not alter the compliance of the development with SEPP 55.

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

The application has been assessed against the requirements of State Environmental Planning Policy (Building Sustainability Index – BASIX) 2004.  The modified proposal includes an amended BASIX certificate for the proposed 82 units and is considered to be satisfactory.

2.5        State Environmental Planning Policy No. 32 – Urban Consolidation (Redevelopment of Urban Land)

The modified development would not alter the compliance of the original proposal with regard to SEPP 32.

2.6        State Environmental Planning Policy (Infrastructure) 2007

The proposed modification has been assessed against the requirements of State Environmental Planning Policy (Infrastructure) 2007. This Policy contains State-wide planning controls for developments adjoining rail corridors and busy roads. The development is located immediately adjacent to a classified road corridor (Peats Ferry Road).  The following matters are required to be considered pursuant to the SEPP.

2.6.1     Development with Frontage to a Classified Road

The site has frontage to Peats Ferry Road which is a classified road and therefore, Clause 101 of the SEPP (Infrastructure) applies. The original application was referred to Roads and Maritime Services (RMS) who raised no objections subject to conditions. The modified proposal involves no change to the parking and access arrangements to the site.  A traffic and parking assessment submitted with the application confirms that the modified proposal would not increase traffic demands of the development as the number of bedrooms remains unchanged, despite there being an additional two units proposed. This matter discussed is further detail in Section 3.2.2 of this report.

Council’s traffic assessment concludes that the modified proposal would not adversely impact on the effective and ongoing operation of Peats Ferry Road and is acceptable with respect to this clause.

2.6.2     Impact of Road 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 average daily traffic volume on Peats Ferry Road in the vicinity of the site does not exceed 40,000 vehicles and therefore, this clause does not apply to the proposal.

Notwithstanding, a condition was applied to the original consent for an acoustic report to be provided, detailing construction techniques and measures to attenuate road noise and vibration to achieve the acceptable noise levels outlined in Clause 102 of the SEPP. The modified proposal is acceptable subject to the fulfilment of this condition.

2.6.3     Traffic Generating Developments

In accordance with Clause 104 and Schedule 3 of SEPP (Infrastructure), developments with more than 75 dwellings fronting a classified road is a Traffic Generating Development and requires concurrence from the RMS. Concurrence from the RMS was provided in the original application. The traffic and parking assessment submitted with the application confirms that the modified proposal would not increase traffic demands of the development. No objections were raised to the proposal in Council’s traffic assessment and the original conditions applied by the RMS are relevant to the modification.

2.7        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.

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 after 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 under this Policy as amended by that amendment.”

Pursuant to the above provision, this amendment is required to be applied to the subject application as it modifies an approved development and was lodged on 23 December 2015.

The design principles of SEPP 65 are addressed in the following table.

Principle

Compliance

1.         CONTEXT AND NEIGHBOURHOOD CHARACTER

Yes

Comment: This matter was assessed in detail under the original application.

The modified development maintains the use of the land as residential flat buildings. The proposed modification maintains the desired future character of the precinct as envisaged by Council for residential flat buildings in landscaped settings with underground car parking. The proposal is considered to respond suitably to the ‘context and neighbourhood character’ principle of SEPP 65.

2.         BUILT FORM AND SCALE

Yes

Comment:  The scale of the modified proposal is in accordance with the height control and setbacks for the precinct prescribed within the Hornsby DCP. Flat roof forms have been adopted with an increased top storey setback on the external facades to minimise bulk and height of the building.  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.         DENSITY

Yes

Comment: The proposed modification 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.

4.         SUSTAINABILITY

Yes

Comment: The applicant has submitted a BASIX Certificate for the amended 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.

5.         LANDSCAPE

Yes

Comment: The modified proposal does not alter the street level planting as previously approved. Accordingly, the application satisfies the intent of the ‘Landscape’ principle of SEPP 65.

6.         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 lifts connecting the basement and all other levels.

7.         SAFETY

Yes

Comment: The modified proposal would not alter the compliance of the original proposal with regard to “safety and security”.

8.         HOUSING DIVERSITY AND SOCIAL INTERACTION

Yes

Comment: The modified proposal incorporates a range of unit sizes to cater for different budgets, demographics and housing needs. 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 Asquith Railway Station and shops.

9.         AESTHETICS

Yes

Comment: The proposed modification would not alter the approved architectural treatments, materials and finishes.  The modified proposal maintains a flat roof 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 Apartment Design Guideline and the Hornsby DCP. 

2.8        State Environmental Planning Policy No. 65 – Apartment Design Guide

Amendment No. 3 of the SEPP 65 also requires consideration of the Apartment Design Guide, NSW Department of Planning and Environment 2015.  The Guide 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 Guide:

SEPP 65 - Apartment Design Guide

Control

Proposal

Requirement

Compliance

Deep Soil Zone

As approved

7% of site area

N/A

Communal Open Space

As approved

25%

N/A

Ground Level Private Open Space 

As approved

15m2

Min Depth of 3m

N/A

Solar Access (Living rooms and private open space areas)

2 hours for 70% of units

2 hours for 70% of units

Yes

Natural Cross Ventilation

55/82 units - 67%

60%

Yes

Minimum Dwelling Size

1 br – 50m2 -65m2

2 br – 70m2 -84m2

3 br – 95m2 -  100m2

1 br – 50m2

2 br – 70m2

3 br – 90m2

(+5m2 for extra bathroom)

Yes

Yes

Yes

Yes

Habitable room depth from a window for open plan layout (for amended units)

8m

8m from a window (max)

Yes

Minimum ceiling and storey height

2.7m (min)

2.4m

3.1m

2.7m(habitable rooms)

2.4m (mezzanine)

3.1m floor to floor

Yes

Yes

Yes

Minimum Balcony Size  (minimum depth 2m – 2.4m) 

 

1 bed >10m²

2 bed > 12m²

3 bed >16m²

1 bed 8m²

2 bed 10m²

3 bed 12m²

Yes

Yes

Yes

Maximum Number of Units on a Single Level

<8 units

8 units off a circulation core

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

Yes

Yes

 

Yes

As detailed in the above table, the modified proposal generally complies with the prescriptive measures within the Apartment Design Guide (ADG). Below is a brief discussion regarding the relevant development controls and best practice guidelines.

2.8.1     Apartment Size and Layout

The amended residential flat building incorporates a mix of single aspect and corner units comprising of one, two and three bedroom apartments. The majority of apartments would be well ventilated with some corner units provided with dual aspect balconies.

The proposed layout of all units consist of open plan living/dining rooms that have a minimum width of 3.6m for one bedroom units, and a minimum width of 4m for two and three bedroom units and all window areas in habitable rooms are greater than 10%. This complies with the requirements of the ADG. As the majority of units have also been designed for adequate cross ventilation, it is considered that these layouts are well designed and functional with generous unit sizes for a majority of units.

The ADG also prescribes that master bedrooms have a minimum size of 10m² with a minimum dimension of 3m excluding wardrobes and all other bedrooms to have a minimum size of 9m² with a minimum dimension of 2.8m. The proposed bedroom sizes comply with these requirements. Conditions of consent are recommended to ensure that the wardrobes are sized as per the requirements of the ADG.

2.8.1     Height / Setbacks / Landscaping

The modified proposal would retain the height, setbacks, landscaping and security measures as approved under DA/215/2015. The application is assessed as satisfactory in this regard.

2.8.2     Storage

Storage areas are provided at the basement levels and additional storage areas are also provided within the apartments. To ensure that the storage provided is proportional to the size of the apartment, a condition was applied to the original consent for each dwelling within the development to have a minimum storage area 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 storage in kitchens, bathrooms and bedrooms. The condition would be applicable to the amended proposal.

2.9        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 amended proposal would comply with the requirements of the Policy.

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 modified proposal 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 relevant prescriptive requirements of the Plan:

Hornsby Development Control Plan 2013

Control

Proposal

Requirement

Compliance

Height

5 storeys + Mezzanine – 17.5m

5 storeys + Mezzanine – 17.5m

Yes

Lowest Residential Floor Above Ground

As approved

N/A

N/A

Maximum Floorplate Dimension

As approved

N/A

 

N/A

Building Indentation

Buildings 1 & 2

4m x 4m for eastern elevations

8m x (3m to 4m) for western elevations

 

4m x 4m

 

4m x 4m

 

Yes

 

Unchanged

 

Height of Basement Above Ground

As approved

N/A

N/A

Front Setback (Peats Ferry Road)

As approved

N/A

N/A

Rear Setback (Bell Street)

As approved

N/A

N/A

Side Setback (Lodge Street)

As approved

N/A

N/A

Side Setback (East)

Building 1

6m

4m for length of 11.5m

 

Building 2

6m

4m for length of 11.5m

 

 

6m

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

 

6m

4m < 1/3 frontage (12.6m Building 2)

Yes - unchanged

Top Storey Setback from Ground Floor

3m additional provided except for minor negligible encroachments

3m

Yes

Underground Parking Setback

As approved 

N/A

N/A

Basement Ramp Setback

As approved

N/A

N/A

Deep Soil Landscaped Areas

As approved

N/A

N/A

Private Open Space

1br units – 10m²

2br units – 12m²

3br units –16m²

1br units – 10m²

2br units – 12m²

3br units – 16m²

Yes

Yes

Yes

 

Communal Open Space with Minimum Dimensions 4m

As approved

N/A

N/A

Parking (site within 800m of railway station)

83 resident spaces

12 visitor spaces

17 bicycle racks

9 visitor bicycle racks

2 motorbike spaces

78 resident spaces

12 visitor spaces

16 bicycle racks

8 visitor bicycle 

2 motorbike spaces

Yes

Yes

Yes

Yes

Yes

Solar Access

70%

70%

Yes

Housing Choice

1 BR – 35/82 = 42%

 

2BR – 39/80 = 47%

 

3BR – 8/82 = 9.7%

10% of each type

 

10% of each type

 

10% of each type

Yes

 

Yes

 

No

Adaptable Units

25/82 = 30%

30%

Yes

As detailed in the above table, the proposed development generally complies with the prescriptive requirements within the HDCP, apart from unit mix. The matters of non-compliance are detailed below, as well as a brief discussion on compliance with relevant desired outcomes.

2.11.1   Built Form and Separation

The proposal involves design changes to incorporate two additional units on the fifth floor of the development. One additional unit would be provided within building 1 (adjoining Peats Ferry Road and Lodge St) with the second additional unit proposed in Building 2 (adjoining Bell St and Lodge St).

The modified proposal includes an increase in the mezzanine floor area, resulting in all units on the fifth floor being afforded a mezzanine. Whilst the modification results in additional building mass in the form of a mezzanine, the additions are confined to the eastern sides of Building 1 and 2 and would not be easily visible from Peats Ferry Road, Lodge St or Bell Street. The mezzanine additions comply with the maximum 17.5 metre building height requirement and maintain sufficient articulation and indentations in the built form to achieve the appearance of two separate building pavilions.

The modified proposal would not alter the setbacks of the development from Peats Ferry Road, Lodge Street and Bell Street or the eastern boundary and would maintain compliance with the building separation requirements of the HDCP.

2.11.2   Privacy

The proposed modification involves the reconfiguration of the top floor units, including changes to window placement and balconies. Concerns were raised in Council’s assessment that balconies adjoin windows of adjoining units which would result in privacy conflicts. Amended plans were submitted to Council on 4 May 2016 to address this issue to include additional screens to improve privacy between units. To further improve privacy, conditions have been recommended for solid walls between balconies of U151 and U251 and U351 and U451. The modified proposal would achieve a reasonable level of privacy in accordance with the provisions of Part 3.4.9 of the HDCP.

2.11.3   Housing Choice

Part 3.4.11 of the HDCP prescribes that developments should include a mix of 1, 2 and 3 bedroom dwellings, with a minimum of 10% of each dwelling type being provided. As detailed in the compliance table, 9.7% (8/82) units would be three bedrooms. The proposal maintains more than 10% unit mix for 1 and 2 bedrooms and would provide an appropriate variety of unit sizes. The minor non-compliance (0.3%) with the number of three bedroom units does not warrant refusal of the application.

2.11.4   Vehicular Access and Parking

The application does not propose any change to the number of car spaces or the vehicular access arrangements within the site. The original development generated a demand for 89 car spaces, based on 80 units comprising 31 x 1 bedroom units, 41 x 2 bedroom units and 8 x 3 bedroom units. The approved basement carpark included the provision of 95 car spaces, which amounts to 6 extra spaces than required by the HDCP. The proposed modification seeks to increase the number of units to 82, with changes to the unit mix to 35 x 1 bedroom units, 39 x 2 bedroom units and 8 x 3 bedroom units. The modified proposal creates a demand for 90 car spaces, comprising 78 resident and 12 visitor spaces. The modified proposal maintains 95 car spaces within the basement and complies with the parking rates prescribed under the HDCP.

2.12      Section 94 Contributions Plans

Hornsby Shire Council Section 94 Contributions Plan 2012-2021 applied to the original development as approval was granted for 80 units in lieu of the 5 existing residences. The modified proposal would result in an additional two units and changes to the unit mix. Accordingly, the condition for a monetary Section 94 contribution is recommended to be amended accordingly.

3.         ENVIRONMENTAL IMPACTS

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

3.1        Natural Environment

3.1.1     Tree and Vegetation Preservation

The matter was discussed in detail within the assessment of the original application. The modified proposal does not change the impact of the development on the natural environment and no further assessment in this regard is necessary.

3.1.2     Stormwater Management

The proposed modification would not alter the approved method of stormwater disposal from the site.

3.2        Built Environment

3.2.1     Built Form

The modified proposal would not significantly alter the built form of the development when viewed from Peats Ferry Road, Lodge Street and Bells Street, or adjoining properties. The proposal maintains compliance with the 17.5 metre height requirement and provides for a development that is consistent with the desired future character of the precinct.

3.2.2     Traffic

One submission has been received raising concerns with respect to increased traffic.

A traffic and parking assessment was submitted with the modified proposal having regard to the RMS Guide to Traffic Generating Development Updated Traffic Surveys – Technical Direction 04a dated August 2013. Despite there being changes to the unit mix and an increase of two units under the modified proposal, the report notes that both the approved development and the proposed modification include a total of 137 bedrooms. Given this, the traffic and parking assessment states that modified proposal would not result in any additional traffic impacts from that previously accepted by Council and the RMS.

The approved and modified proposal would produce a net traffic generation of 11 vehicles during the AM peak hours and 7 vehicles during the PM peak hours which is considered to be negligible when compared with the traffic volumes on the adjacent road network for the proposed development.  In this regard, the traffic volume on Peats Ferry Road is currently in the order of 1000 vehicles per hour two way in peak hours.  In the vicinity of the development site, Peats Ferry Road has one travel lane per direction.  In terms of carriageway capacity, this equates to 1,800 vehicles per hour per lane.  Based on the observed traffic flows, the estimated degree of congestion of Peats Ferry Road has been established to be less than 27% of nominal capacity.

In the assessment of the original application, Council’s engineering assessment of the traffic impacts of the development concluded that the proposal is satisfactory. The proposed modification would not alter the traffic impacts of the approved development and is therefore acceptable.

3.3        Social Impacts

The modified proposal would improve housing choice in the locality by providing a range of household 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.

3.4        Economic Impacts

This modified proposal would achieve a positive economic impact on the locality via employment generation during construction and minor 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 matter has been assessed in within the assessment of the original development application. No further assessment is necessary.

5.         PUBLIC PARTICIPATION

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

5.1        Community Consultation

The proposed development was placed on public exhibition and was notified to adjoining and nearby landowners between 12 January 2016 and 27 January 2016 in accordance with the Notification and Exhibition requirements of the HDCP.  During this period, Council received one submission.  The map below illustrates the location of those nearby landowners who were notified of the development.

NOTIFICATION PLAN

 

 

 

•       PROPERTIES NOTIFIED

 

 

 

X      SUBMISSIONS

         RECEIVED

 

 


          PROPERTY SUBJECT OF DEVELOPMENT

 

ONE SUBMISSIONS RECEIVED OUT OF MAP RANGE

One submission objected to the development, generally on the grounds that the development would result in unacceptable traffic on local streets. The merits of the matters raised in community submissions have been addressed in the body of the report.

5.2        Public Agencies

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

6.         THE PUBLIC INTEREST

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

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

The 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 modification would be in the public interest.

CONCLUSION

The application proposes to modify the approved residential flat building by increasing the number of units from 80 to 82, changes to the unit mix and minor design changes. The application also seeks consent to permit an additional 12 months to satisfy the deferred commencement condition for the subdivision of No. 4 Lodge Street.

The proposal is consistent with Section 96(2) of the Environmental Planning and Assessment Act 1979 and is substantially the same development as originally approved.

The modified proposal is assessed as satisfactory having regard to matters for consideration pursuant to Section 79C of the Environmental Planning and Assessment Act 1979.

One submission was received during the notification period. The matters raised in the submission have been addressed in the body of this report.   

Having regard to the circumstances of the case, approval of the modification 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 Map

 

 

2.View

Floor Plan Levels 4 and 5

 

 

3.View

Attic and Roof Plan

 

 

4.View

Elevations

 

 

 

 

File Reference:           DA/215/2015/A

Document Number:    D06938024

 


Schedule 1

Date of this modification:

08/06/2016

Details of this modification:

Section 96(2) to increase the number of units from 80 to 82, alterations to the units mix and minor design changes.

Conditions Added:

None

Conditions Deleted:

None

Conditions Modified:

1, 2, 3, 8 and 17

 


 

SCHEDULE 1

GENERAL CONDITIONS

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

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

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

1.         Deferred Commencement

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

a)         A registered plan of subdivision from the NSW Department of Lands creating a new lot from Lot 1 DP385418 to form part of the development.

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

Ref 17387

Survey Plan

Norton Survey Partners

24/10/10

Ref 17387

Plan showing existing and proposed lot layouts

Norton Survey Partners

27/1/15

A30 - B

Plan B2 & B1

Mijollo International

3/6/15

A32-E

Plans L1 to L3

Mijollo International

10/7/15

A35-G

Plans L4 & L5

Mijollo International

2/5/2016

A37-E

Plans Attic & Roof

Mijollo International

10/12/15

A401-P1

North, East, South & West Elevations

Mijollo International

9/12/2016

A501-C

Section A-A + Internal Elevations

Mijollo International

13/6/15

A615-A

Shadow diagrams

Mijollo International

6/2/15

LPDA15-286/1-E

Landscape Plan

Conzept Landscape Architects

20/7/15

LPDA15-286/2-B

Landscape plan (level 4 & 5)

Conzept Landscape Architects

9/2/15

LPDA15-286/3-A

Landscape Details

Conzept Landscape Architects

4/2/15

 

DA/215/2015 – Tree Location Plan

Modified by Tree Management Team (Hornsby Shire Council)

7/5/15

14051-C201 Rev P1

Erosion & Sediment Control Plan

TDL Engineering Consultants

14/1/15

14051-C101 Rev P1

Stormwater Management Plan Level 1 Layout

TDL Engineering Consultants

14/1/15

 

Site Access – SRV Swept Path Analysis

Ason Group

11/6/15

 

Document Title

Prepared by

Dated

Statement of Environmental Effects

Caladines Town Planning P/L

Feb 2015

Statement of Environmental Effects – S96(2)

Caladines Town Planning P/L

December 2015

Waste Management Plan

Ben Hewlett

25/2/15

Music Model – Stormwater pollutant targets

Unnamed

Submitted 4/6/15

Traffic & Parking Report

Ason Group

11/2/15

SEPP 65 Certification

Matthew Cumming (Mijollo International P/L)

24/2/15

Accessibility Report

Abe Consulting

10/2/15

Basix Assessment Report No. ES20141124_00

ESD Synergy P/L

21/12/15

Basix Certificate No. 607598M_03

ESD Synergy P/L

21/12/15

Cost Summary Report

QS1 P/L

2/2/15

1410-A Materials Schedule

Mijollo International P/L

6/2/15

3.         Amendment of Plans

The approved plans are to be amended as follows:

a)         To ensure future occupants within the development maintain an appropriate level of privacy, all south facing windows opposing habitable spaces on south western corner units in Building 2 are to be installed with privacy screens.

b)         All letterboxes are to be located at least 2m from all property boundaries.

c)         To improve privacy between units, the following measures are to be implemented which have been indicated in red on the approved plans:

i)          A solid wall to divide the balconies of U151 and U251; and

ii)          A solid wall to divide the balconies of U351 and U451.

4.         Removal of Existing Trees

This development consent permits the removal of trees numbered 1, 2 and 3 as identified on plan named Site Tree Location Plan prepared by Council’s Tree Management Team, dated 7 May 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).

5.         Acoustic Report

An acoustic report is to be provided prior to the issue of a construction certificate demonstrating that appropriate measures will be taken to ensure that the following LAeq levels are not exceeded:

a)         In any bedroom in the building – 35dB(A) at any time between 10pm and 7am,

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

The report is to provide details of construction techniques and measure to attenuate road noise and vibration.  The development must not exceed the specified noise criteria and LAeq levels within Clause 102 of the SEPP (Infrastructure).

6.         Driveway Longitudinal Sections

Longitudinal sections along both sides of the access driveway shall be submitted to the principal certifying authority in accordance with the relevant sections of AS 2890.1 and the following requirements:

a)         The maximum grade shall not exceed 1 in 4 (25%) with the maximum changes of grade of 1 in 8 (12.5%) for summit grades and 1 in 6.7 (15%) for sag grades.  Any transition grades shall have a minimum length of 2 metres.  The longitudinal sections shall incorporate the design levels obtained by Council.

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

7.         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.

8.         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

$94,100.46

Open Space and Recreation

$888,052.92

Community Facilities

$125,025.76

Plan Preparation and Administration

$3,699.72

TOTAL

$1,110,878.86

being for 35 x 1 bedroom units, 39 x 2 bedroom units, 8 x 3 bedroom units and including a credit for five existing dwelling houses.

b)         The value of this contribution is current as at 16 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.

REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

9.         Building Code of Australia

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

10.        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.

11.        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.

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 the adjoining property at No. 305 Peats Ferry Road, Asquith.

15.        Traffic Control Plan

A Traffic Control Plan (TCP) must be prepared by a qualified traffic controller in accordance with the Roads and 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 TCP is to be submitted to Council for approval prior to the issue of the construction certificate.

16.        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)         Noise attenuation measures are to be implemented along the Bell Street property 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)         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.

17.        Adaptable Units and Letterboxes

a)         The details of the fit-outs of all accessible and adaptable units must be provided with the Construction Certificate Plans.

b)         All letterboxes are to be located at least 2m from all property boundaries.  Details must be provided with the Construction Certificate Plans.

18.        Construction Vehicles

All construction vehicles associated with the proposed development are to be contained on site or in an approved “Work Zone”.  Construction zones will not be permitted on Lodge Street, Bell Street or Peats Ferry Road.

19.        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 should be submitted to Council prior to the issue of a Construction Certificate.  Council will review the CTMP, agree to any modifications with the proponent and enforce the CTMP during construction.

20.        Pedestrian Access Management Plan

A Pedestrian Access Management Plan (PAMP) detailing how pedestrian movements will be changed and managed during various stages of development, particularly during any partial or total closure of footpaths on Peats Ferry Road and Lodge Street.  Council will review the PAMP, agree to any modifications with the proponent and enforce the PAMP during construction.

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”.

22.        Water Quality/Bio Retention System

Stormwater discharging from the development site is to be treated to achieve the quality specified in the HDCP 2013 (table 1C.1.2(b) Urban Stormwater Quality Targets).  Details are to be provided with the construction certificate.  A Chartered Civil/Hydraulic Engineer of the Institution of Engineers, Australia is to certify that works have been completed in accordance with the approved construction plan and the measures will achieve the targets specified in the condition.

23.        Waste Management

The following waste management requirements must be complied with:

a)         The approved on-going waste management system must not be amended without the written consent of Council.

b)         The Volume handling equipment (2 x 660L bin linear), to automatically change the bin under the chute when it becomes full, must not be fitted with a compactor.

24.        Acoustic Report

The Construction Certificate plans must demonstrate compliance with the recommendations in the submitted Acoustic Report (required as per condition No. 5) including materials of construction and glazing details.

25.        Stormwater Drainage

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

a)         Connected directly to an existing Council drainage system/street gutter via an on-site detention and water quality treatment system.  Capacity of the street gutter is to be verified prior to discharging to the gutter.

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

c)         A construction certificate application is to be submitted to Council for discharging stormwater to Council pit/drainage line.

d)         The stormwater system with on-site detention and water quality treatment facilities is to be constructed in accordance with Drainage Nos. 14051-C101-C104 Revision P1 dated 14.01.15 prepared by TDL Engineering Consulting Pty Ltd (Council Document No. D04948248).

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

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

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

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

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

f)          Detail calculations are to be shown in construction certificate plan.

27.        Vehicular Crossing

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

a)         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.

28.        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.

29.        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)         A concrete footpath along Bell and Lodge Streets are to be constructed.  Old sections of the footpath along Peats Ferry Road are to be replaced.

b)         The kerb and gutter fronting Bell Street and 31m along Lodge Street (from the intersection of Lodge and Bell Streets) are to be constructed.  The existing road pavement is to be saw cut a minimum of 300 mm from the existing edge of the bitumen and reconstructed.

c)         A construction certificate is to be submitted to Council for approval.

Note:  Council is the only authority to approve works within Council roads.

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

30.        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.

31.        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.

32.        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.

33.        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.

REQUIREMENTS DURING CONSTRUCTION

34.        Construction Work Hours

All work on site (including demolition and earth works) must only occur between 7am and 5pm Monday to Saturday (unless otherwise approved by Council due to extenuating circumstances). No work is to be undertaken on Sundays or public holidays.  No excavation or rock sawing/breaking is to occur on Saturdays.

35.        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.

36.        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.

37.        Street Sweeping

Street sweeping must be undertaken following sediment tracking from the site along Peats Ferry Road and Lodge Street 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.

38.        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.

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

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 Principle 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.

43.        Traffic Control Plan Compliance

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

44.        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.

45.        Construction Noise Management

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

46.        Contamination During Construction Works

Should the presence of asbestos or soil contamination, not recognised during the application process be identified during demolition, the applicant must immediately notify the Principal Certifying Authority and Council.

47.        Construction Vehicle Access

All construction vehicles associated with the proposed development are to access the site from Lodge Street only.  No construction vehicle access is permitted on Bell Street or Peats Ferry Road.

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.

48.        Fulfilment of BASIX Commitments

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

49.        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.

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 and gutter, 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.        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 bio retention system and outlet works within the lots in favour of Council in accordance with Council’s prescribed wording.  The position of the on-site detention and bio retention systems are 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 and bio retention system must be submitted verifying that the required storage and discharge rates will be achieved and water quality control 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 the bio retention system.  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.

53.        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.

54.        Certificate of Preservation 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 reestablishment 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 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 authorised persons (including residents and waste collectors) must be prevented.

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

57.        Planter Boxes/ On Slab Planting

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

58.        Planting to Peats Ferry Road Setback

Tree planting to the Peats Ferry Road landscape setback area must include:

a)         1 x Angophora costata or Syncarpia glomulifera, installed at minimum 25 litre pot size.

59.        Completing of Landscaping

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

Note:  Applicants are advised to pre-order plant material required in pot sizes 45 litre or larger to ensure nurseries have stock available at the time of install.

60.        Location of Plantings

Tree plantings for low density must be located 4m or greater than from foundation walls of a dwelling or in-ground pool.  The pot size must be a minimum 25L.

All replacement trees must be maintained until they reach the height of 3m.  Trees must be native to Hornsby Shire and reach a mature height greater than 9m.

All plant stock must meet the specifications outlined in ‘Specifying Trees’ (Ross Clark, NATSPEC Books) and that the planting methods are current, professional (best practice) industry standards at the time of planting.

61.        Final Certification

a)         A certificate from suitably qualified and experienced Horticulturalist must be submitted to the Principal Certifying Authority stating compliance with the provided conditions of this consent.

b)         A certificate from a suitably qualified and experienced Acoustic Consultant must be submitted to the Principal Certifying Authority stating compliance with the provided conditions of this consent.

62.        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).

63.        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.

64.        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.

65.        Unit Numbering

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

66.        Construction of a Safe Environment

Prior to the issue of an Occupation Certificate, the site must include the following elements:

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

b)         The entryway to the site be illuminated in high luminance at all times;

c)         The communal open space areas are to be illuminated with high luminance by motion sensor lighting;

d)         The service areas of the ground floor and the garbage room at the basement be illuminated with low luminance at all times;

e)         The driveway and the basement car park is to be illuminated with low luminance at all times;

f)          Robust materials which cannot be forced or breached with minimised maintenance requirements are to be used for construction work in the common areas;

g)         Effective signage be provided to guide visitors to the main areas and parking areas;

h)         A street sign be prominently displayed in front of the site in accordance with Order No. 8, Section 124 Local Government Act 1993;

i)          The communal area must include a clear sign to restrict access for non-residents;

j)          Unit numbers, entry and exit signs must be legible and clear;

k)         Fire exit doors to be fitted with single cylinder locksets (Australia New Zealand Standard – Locksets);

l)          The entry doors to the pedestrian foyers are to be constructed of safety rated glass to enable residents a clear line of site before entering or exiting the residential apartments;

m)        Security deadlocks are to be provided to each apartment door; and

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

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

OPERATIONAL CONDITIONS

67.        Waste Management

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

a)         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 systems 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.

68.        Car Parking

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

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

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

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

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

69.        Sight Distance to Pedestrians and Cyclists

Any proposed landscaping and/or fencing must not restrict sight distance to pedestrians and cyclists travelling along the footpath.

70.        Residential Parking Spaces

Residential parking spaces are to be secure spaces with access controlled by card or numeric pad.

71.        Visitors Access

Visitors must be able to access the visitor parking spaces in the basement car park at all times.

72.        Parking for People with Disabilities

All parking for people with disabilities is to comply with AS/NZS 2890.6:2009 Off-street parking for people with disabilities.

73.        Bicycle Parking Spaces

Bicycle parking spaces are to be designed in accordance with AS 2890.3-1993 Bicycle parking facilities.

74.        Motorcycle Parking Spaces

Motorcycle parking spaces are to be designed in accordance with AS 2890.5-1993.

75.        Landscape Establishment

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

76.        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).

77.        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 – ROADS & MARITIME SERVICE

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.

75.        All redundant driveways on Peats Ferry Road should be removed and replaced with kerb and gutter to Council’s satisfaction.

76.        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.

77.        The swept path of the longest vehicle (to service the site) 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.

78.        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 AS2890.1-2004, AS2890.6-2009 and AS2890.2-2002 for heavy vehicle usage.

79.        Any proposed landscaping and/or fencing must not restrict sight distance to pedestrians and cyclists travelling along the footpath.

- 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.

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 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.

 


 

Group Manager’s Report No. PL39/16

Planning Division

Date of Meeting: 8/06/2016

 

9        DEVELOPMENT APPLICATION - SECTION 96(2) MODIFICATION TO APPROVED RESIDENTIAL FLAT BUILDINGS COMPRISING 69 UNITS - 305 AND 307 PEATS FERRY ROAD, ASQUITH AND 9 BELL STREET AND 4 LODGE STREET, HORNSBY   

 

 

EXECUTIVE SUMMARY

DA No:

DA/214/2015/A (Lodged on 23 December 2015)   

Description:

Section 96(2) application to modify two x five storey residential flat buildings by increasing the number of units from 69 to 70, alterations to the unit mix and minor design changes 

Property:

Lot A DP 340410 and Lot 4 DP 136071305, Nos. 305-307 Peats Ferry Road, Asquith and No. 9 Bell Street and No. 4 Lodge Street, Hornsby

Applicant:

Asquith Property Developments Pty Ltd

Owner:

Ms Jennifer Catherine Garlick, Mr Stan S Stokes, Mr Edward John Zealand Black, Mrs Barbara Jean Black, Mr Tuo Liu and Ms Hongjun Song

Estimated Value:

$14,740,000

·              The application involves a Section 96(2) modification to two x five storey residential flat buildings by increasing the number of units from 69 to 70, alterations to the unit mix and minor design changes. 

·              The proposed modification is substantially the same development as approved pursuant to Section 96(2) of the Environmental Planning and Assessment Act 1979 and is generally in compliance with State Environmental Planning Policy No. 65, Apartment Design Guide and Hornsby Development Control Plan 2013. 

·              One submission has been received in respect of the application.

·              It is recommended that the application be approved.

 

RECOMMENDATION

THAT pursuant to Section 96(2) of the Environmental Planning and Assessment Act 1979, Development Application No. DA/214/2015/A for demolition of existing structures and construction of two x five storey residential flat buildings and basement car parking and subdivision of 4 Lodge St into two lots at Lot A DP 340410 and Lot 4 DP 136071305, Nos. 305-307 Peats Ferry Road, Asquith and No. 9 Bell Street and No. 4 Lodge Street, Hornsby be amended as detailed in Schedule 1 of Group Manager’s Report No. PL39/16.

 


BACKGROUND

On 12 August 2015, Council approved DA/214/2015 for the demolition of existing structures and construction of two x five storey residential flat buildings comprising 69 units and basement car parking and subdivision of 4 Lodge Street into two lots.

On 11 November 2015, DA/1474/2015 was submitted to Council proposing the construction of a joint basement carpark to service the approved five storey development under DA/214/2015 and an approved five storey development on the western adjoining property under DA/215/2015. The western adjoining property comprises Nos. 301-303 Peats Ferry Road and 2, 2A and 4 Lodge Street, and is subject to an approval for two x five storey residential flat buildings comprising 80 units.

On 23 December 2015, a Section 96(2) application was lodged to modify DA/214/2015 by increasing the number of units from 69 to 70, alterations to the unit mix and minor design changes. This application is the subject of this report.

On 2 May 2016, a meeting was held between Council officers and the applicant to discuss matters relating to the applications lodged with Council on the site and the western adjoining property. With respect to DA/214/2015/A which is the subject of this report, Council requested amended plans demonstrating additional privacy measures to improve privacy between balconies and adjoining units.

On 4 May 2016, the applicant submitted amended plans to address these privacy concerns.

On 12 May 2016, DA/1474/2015 was approved under delegated authority for the construction of a joint basement carpark to service the approved residential flat buildings approved under DA/215/2015 and DA/214/2015.

SITE

The site comprises four irregular lots (Lot A DP 340410, Lot 4 DP 136071, Nos. 305-307 Peats Ferry Road, Asquith and Lot 2 DP 385418, No. 9 Bell Street) and a portion of Lot 1 DP385418 No. 4 Lodge Street, Hornsby.  The site has a combined area of approximately 2,894m² and is located on the northern side of Peats Ferry Road and contains dual street frontages of 35.5m to Peats Ferry Road and 27m to Bell Street.  The site experiences a gentle slope to Peats Ferry Road with an average grade of 3%. 

Existing improvements on the allotments include a dwelling house on each lot and associated structures.  Vehicular access is via driveways from Peats Ferry Road and Bell Street.  The site, including adjoining properties, contains exotic and native (exempt) tree species.

The site forms part of the ‘Hyacinth Street, Asquith’ precinct rezoned for medium-high density residential development in accordance with Council’s Housing Strategy in September 2011.  The precinct is bounded by Lodge Street, Pacific Highway, Hyacinth Street and Bouvardia Street.

The surrounding developments include single and two storey residential dwelling houses.  The site adjoins the R2 – Low Density zone to the north on Bell Street.  The adjoining eastern property was approved for five storey development on 3 September 2014 under DA/370/2014 and construction works on this development have commenced.  A five storey residential development has been constructed on the southern side of Peats Ferry Road at Nos. 422 - 426 Peats Ferry Road.  The site is opposite the Asquith Boys High School to the south of Peats Ferry Road.  The adjacent western site has been approved for two x five storey residential flat buildings under DA/215/2015 and is also subject to a Section 96(2) application on the business paper for consideration by Council

The site is located in close proximity to Asquith Railway Station and Asquith Commercial Centre.

THE APPROVED DEVELOPMENT

The development was approved for the demolition of existing structures and the erection of two x five storey residential flat buildings comprising 69 units and basement car parking and subdivision of No. 4 Lodge Street into two lots.

The approved unit mix comprises 25 x 1 bedroom units, 37 x 2 bedroom units and 7 x 3 bedroom units.  Building 1 would have frontage to Peats Ferry Road and Building 2 is located to the rear of the site adjoining Bell Street. The buildings would include balconies fronting Peats Ferry Road, Bell Street and the eastern and western side setbacks.

Vehicular access to the development would be via Peats Ferry Road, along the western property boundary.  Pedestrian access would be via Peats Ferry Road for Building 1 with a pedestrian path would provide a linkage to Building 2.  In addition, a separate pedestrian access for Building 2 would be via Bell Street.

A total of 86 car spaces were approved over two basement levels.

The site would drain to Peats Ferry Road with a below ground onsite detention system proposed under the driveway.

The subdivision of 4 Lodge Street into two lots formed part of the approval. The subdivision is necessary to create a regular shaped allotment to accommodate the approved development. A deferred commencement condition was applied requiring the registration of the allotment within 12 months of the date of the consent. The deferred commencement condition has not been satisfied.

PROPOSAL

The Section 96 application seeks to modify the approved development by increasing the total number of units from 69 to 70 units, alterations to the unit mix and minor design changes. 

The modified unit mix is proposed as follows:

·              27 x 1 bedroom (increased by two units)

·              36 x 2 bedroom (decreased by one unit)

·              7 x 3 bedroom  (unchanged)

The modifications relate to Level 5 and the mezzanine floor within Building 2, located at the rear of the site adjoining Bell Street. There are no proposed changes to the approved layout of Building 1 which fronts Peats Ferry Road.

To achieve the modified yield and mix, some of the larger units have been reduced in size, whilst each of the units on the fifth level are now proposed with mezzanines.

There are no proposed changes to the lower levels, basement car parking or landscaping under this application.

The application also proposes to modify condition No. 1 to allow for an additional 12 months to satisfy the deferred commencement condition due to unforeseen delays.

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 and would contribute to housing choice in the locality. The modified proposal would provide an additional dwelling.

2.         STATUTORY CONTROLS

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

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

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

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

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

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

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

With regard to Section 96(2)(a), the modified proposal would remain a two x five storey residential flat building development comprising 70 units with parking over two basement levels. The proposed layout, unit mix and the additional unit proposed would be located within the overall building envelope and would not significantly alter the built form. In this regard, it is considered that the modified application is substantially the same as the development originally approved.

With regard to Section 96(2)(b), the modified proposal did not require referral to any external agencies.

In accordance with Section 96(2)(c) and (d), adjoining owners were notified of the application and one submission has been received. The matters raised in the community submission are discussed in the body of this report.

2.2        Hornsby Local Environmental Plan 2013

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

2.2.1     Zoning of Land and Permissibility

The subject land is zoned - insert zone name - under the 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 proposed development is defined as ‘residential flat building’ under the HLEP and is permissible in the zone with Council’s consent.

2.2.2     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 17.5m.  The proposed modification complies with this provision.

2.2.3     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 proposal is located within the vicinity of a heritage listed item of local significance at No. 31 Lodge Street and Nos. 269, 384 and 394 Peats Ferry Road, Hornsby.  The heritage listed items are within land zoned R2 Low Density Residential and the site is over 320m south of No. 31 Lodge Street and over 220m north east of the items at Peats Ferry Road. 

The original proposal was considered to have minimal impact on the nearby heritage items and was assessed as satisfactory on heritage grounds. The proposed modification would not significantly alter the perceived bulk, scale and built form of the development when viewed from surrounding areas. The proposed modification would not have an unreasonable impact on nearby heritage items and is acceptable with respect to Council’s heritage provisions.  

2.2.4     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 matter was assessed at the time of the original application. The modified proposal does not include any further excavation and therefore, no further assessment is necessary.

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

State Environmental Planning Policy No. 55 (SEPP 55) requires that consent must not be granted 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.

This matter was assessed under the original application. The proposed modification would not alter the compliance if the development with SEPP 55.

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

The application has been assessed against the requirements of State Environmental Planning Policy (Building Sustainability Index – BASIX) 2004.  The modified proposal includes an amended BASIX certificate for the proposed 70 units and is considered to be satisfactory.

2.5        State Environmental Planning Policy No. 32 – Urban Consolidation (Redevelopment of Urban Land)

The modified development would not alter the compliance of the original proposal with regard to SEPP 32.

2.6        State Environmental Planning Policy (Infrastructure) 2007

The proposed modification has been assessed against the requirements of State Environmental Planning Policy (Infrastructure) 2007. This Policy contains State-wide planning controls for developments adjoining rail corridors and busy roads. The development is located immediately adjacent to a classified road corridor (Peats Ferry Road).  The following matters are required to be considered pursuant to the SEPP.

2.6.1     Development with Frontage to a Classified Road

The site has frontage to Peats Ferry Road which is a classified road and therefore, Clause 101 of the SEPP (Infrastructure) applies. The original application was referred to Roads and Maritime Services (RMS) who raised no objections subject to conditions. The modified proposal involves no change to the parking and access arrangements to the site. A traffic and parking assessment submitted with the application confirms that the modified proposal would not increase traffic demands of the development as the number of bedrooms remains unchanged, despite there being an additional unit proposed. This matter discussed is further detail in Section 3.2.2 of this report.

Council’s traffic assessment concludes that the modified proposal would not adversely impact on the effective and ongoing operation of Peats Ferry Road and is acceptable with respect to this clause.

2.6.2  Impact of Road 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 average daily traffic volume on Peats Ferry Road in the vicinity of the site does not exceed 40,000 vehicles and therefore, this clause does not apply to the proposal.

Notwithstanding, a condition was applied to the original consent for an acoustic report to be provided, detailing construction techniques and measures to attenuate road noise and vibration to achieve the acceptable noise levels outlined in Clause 102 of the SEPP. The modified proposal is acceptable subject to the fulfilment of this condition.

2.6.3 Traffic Generating Developments

In accordance with Clause 104 and Schedule 3 of SEPP (Infrastructure), developments with more than 75 dwellings fronting a classified road is a Traffic Generating Development and requires concurrence from the RMS. The modified proposal is for 70 units and is not classified as a traffic generating development.

2.7        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.

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 after 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 under this Policy as amended by that amendment.”

Pursuant to the above provision, this amendment is required to be applied to the subject application as it modifies an approved development and was lodged on 23 December 2015.

The design principles of SEPP 65 are addressed in the following table.

Principle

Compliance

1.         CONTEXT AND NEIGHBOURHOOD CHARACTER

Yes

Comment: This matter was assessed in detail under the original application.

The modified development maintains the use of the land as residential flat buildings. The proposed modification maintains the desired future character of the precinct as envisaged by Council for residential flat buildings in landscaped settings with underground car parking. The proposal is considered to respond suitably to the ‘context and neighbourhood character’ principle of SEPP 65.

2.         BUILT FORM AND SCALE

Yes

Comment:  The scale of the modified proposal is in accordance with the height control and setbacks for the precinct prescribed within the Hornsby DCP. Flat roof forms have been adopted with an increased top storey setback on the external facades to minimise bulk and height of the building.  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.         DENSITY

Yes

Comment: The proposed modification 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.

4.         SUSTAINABILITY

Yes

Comment: The applicant has submitted a BASIX Certificate for the amended 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.

5.         LANDSCAPE

Yes

Comment: The modified proposal does not alter the street level planting as previously approved. Accordingly, the application satisfies the intent of the ‘Landscape’ principle of SEPP 65.

6.         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 lifts connecting the basement and all other levels.

7.         SAFETY

Yes

Comment: The modified proposal would not alter the compliance of the original proposal with regard to “safety and security”.

8.         HOUSING DIVERSITY AND SOCIAL INTERACTION

Yes

Comment: The modified proposal incorporates a range of unit sizes to cater for different budgets, demographics and housing needs. 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 Asquith Railway Station and shops.

9.         AESTHETICS

Yes

Comment: The proposed modification would not alter the approved architectural treatments, materials and finishes.  The modified proposal maintains a flat roof 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 Apartment Design Guideline and the Hornsby DCP. 

2.8        State Environmental Planning Policy No. 65 – Apartment Design Guide

Amendment No. 3 of the SEPP 65 also requires consideration of the Apartment Design Guide, NSW Department of Planning and Environment 2015.  The Guide 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 Guide:

 

SEPP 65 - Apartment Design Guide

Control

Proposal

Requirement

Compliance

Deep Soil Zone

As approved

7% of site area

N/A

Communal Open Space

As approved

25%

N/A

Ground Level Private Open Space 

As approved

15m2

Min Depth of 3m

N/A

Solar Access (Living rooms and private open space areas)

2 hours for 70% of units

2 hours for 70% of units

Yes

Natural Cross Ventilation

47/70 units - 67%

60%

Yes

Minimum Dwelling Size

1 br – 50m2 -56m2

2 br – 70m2 -92m2

3 br – 96m2 -  102m2

1 br – 50m2

2 br – 70m2

3 br – 90m2

(+5m2 for extra bathroom)

Yes

Yes

Yes

Yes

Habitable room depth from a window for open plan layout (for amended units)

8m

8m from a window (max)

Yes

Minimum ceiling and storey height

2.7m (min)

2.4m

3.1m

2.7m(habitable rooms)

2.4m (mezzanine)

3.1m floor to floor

Yes

Yes

Yes

Minimum Balcony Size  (minimum depth 2m – 2.4m) 

 

1 bed >10m²

2 bed > 12m²

3 bed >14m²

1 bed 8m²

2 bed 10m²

3 bed 12m²

Yes

Yes

Yes

Maximum Number of Units on a Single Level

<8 units

8 units off a circulation core

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

Yes

Yes

 

Yes

As detailed in the above table, the modified proposal generally complies with the prescriptive measures within the Apartment Design Guide (ADG). Below is a brief discussion regarding the relevant development controls and best practice guidelines.

2.8.1     Apartment Size Layout

The amended residential flat building incorporates a mix of single aspect and corner units comprising of one, two and three bedroom apartments. The majority of apartments would be well ventilated with some corner units provided with dual aspect balconies.

The proposed layout of all units consist of open plan living/dining rooms that have a minimum width of 3.6m for one bedroom units, and a minimum width of 4m for two and three bedroom units and all window areas in habitable rooms are greater than 10%. This complies with the requirements of the ADG. As the majority of units have also been designed for adequate cross ventilation, it is considered that these layouts are well designed and functional with generous unit sizes for a majority of units.

The ADG also prescribes that master bedrooms have a minimum size of 10m² with a minimum dimension of 3m excluding wardrobes and all other bedrooms to have a minimum size of 9m² with a minimum dimension of 2.8m. The proposed bedroom sizes comply with these requirements. Conditions of consent are recommended to ensure that the wardrobes are sized as per the requirements of the ADG.

2.8.2     Height / Setbacks / Landscaping

The modified proposal would retain the height, setbacks, landscaping and security measures as approved under DA/214/2015. The application is assessed as satisfactory in this regard.

2.8.3     Storage

Storage areas are provided at the basement levels and additional storage areas are also provided within the apartments. To ensure that the storage provided is proportional to the size of the apartment, a condition was applied to the original consent for each dwelling within the development to have a minimum storage area 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 storage in kitchens, bathrooms and bedrooms. The condition would be applicable to the amended proposal.

2.9        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.

2.10      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 relevant prescriptive requirements of the Plan:

Hornsby Development Control Plan 2013

Control

Proposal

Requirement

Compliance

Height

5 storeys + Mezzanine – 17.5m

5 storeys + Mezzanine – 17.5m

Yes

Lowest Residential Floor Above Ground

As approved

N/A

N/A

Maximum Floorplate Dimension

As approved

N/A

 

N/A

Building Indentation

7.5m x (3m to 4m) (West elevation Building 2)

4m x 4m (for east elevation Building

 

4m x 4m

 

4m x 4m

 

Unchanged

 

Unchanged

 

Height of Basement Above Ground

As approved

N/A

N/A

Front Setback (Peats Ferry Road)

As approved

N/A

N/A

Front Setback (Bell Street)

As approved

N/A

N/A

Western Side Setback

As approved

N/A

N/A

Eastern Side Setback

Building 1

6m

4m for 8m building length

 

Building 2

2.5m - 6m

4m for 12m building length

 

6m

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

 

6m

4m < 1/3 frontage (12.6m Building 2)

Yes – Unchanged

 

 

 

 

Yes - Unchanged

Top Storey Setback from Ground Floor

3m additional provided except for minor negligible encroachments

3m

Yes - Unchanged

Underground Parking Setback

As approved 

N/A

N/A

Basement Ramp Setback

As approved

N/A

N/A

Deep Soil Landscaped Areas

As approved

N/A

N/A

Private Open Space

1br units – 10m²

2br units – 12m²

3br units –12m²

1br units – 10m²

2br units – 12m²

3br units – 16m²

Yes

Yes

No

Communal Open Space with Minimum Dimensions 4m

As approved

N/A

N/A

Parking (site within 800m of railway station)

75 resident spaces

11 visitor spaces

16 bicycle tracks

8 visitor bicycle racks

2 motorbike spaces

69 resident spaces

11 visitor spaces

15 bicycle tracks

8 visitor bicycle

2 motorbike space

Yes

Yes

Yes

Yes

Yes

Solar Access

70%

70%

Yes

Housing Choice

1BR – 27/70 = 39%

 

2BR – 36/70 = 51%

 

3BR – 7/70 = 10%

10% of each type

 

10% of each type

 

10% of each type

Yes

 

Yes

 

Yes

Adaptable Units

22/70 = 31%

30%

Yes

As detailed in the above table, the proposed development generally complies with the 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.

2.11.1   Built Form and Separation

The proposal involves design changes to incorporate one additional unit on the fifth floor of Building 2.  Building 2 is the rear of the two approved building with frontage to Bell Street.

The modified proposal includes an increase in the mezzanine floor area, resulting in all units on the fifth floor of Building 2 being afforded a mezzanine. Whilst the modification results in additional building mass in the form of a mezzanine, the additions are confined to the eastern sides of Building 1 and would not be easily visible from Peats Ferry Road or Bell Street. The mezzanine additions comply with the maximum 17.5 metre building height requirement and maintain sufficient articulation and indentations in the built form to achieve the appearance of two separate building pavilions.

The modified proposal would not alter the setbacks of the development from Peats Ferry Road, Bell Street or the adjoining properties and would not alter the development’s compliance with the building separation requirements of the HDCP.

2.11.2   Privacy

The proposed modification involves the reconfiguration of the top floor units within Building 2, including minor changes to window placement and balconies. Concerns were raised in Council’s assessment that balconies adjoin windows of adjoining units which would result in privacy conflicts. Amended plans were submitted to Council on 4 May 2016 to address this issue to include additional screens to improve privacy between units. To further improve privacy, conditions have been recommended for a solid wall between balconies of U251 and U353. The modified proposal would achieve a reasonable level of privacy in accordance with the provisions of Part 3.4.9 of the HDCP.

Concerns were raised in a community submission regarding the privacy impacts of the development for nearby dwelling-houses. This matter was addressed in the original application. The proposed modification would not result in any significant design changes to the orientation and setback of balconies and is assessed as acceptable in terms of privacy impacts.

A request was made in a community submission for high fencing and planting of vegetation to improve privacy between the development and dwelling houses on Bell Street. This matter was considered under the original application. The approved landscape plan includes 1.8m high lapped and capped timber fencing, canopy trees and shrubs along all boundaries that would provide a buffer between the development and nearby residences. 

2.11.3   Private Open Space

The principal private open space areas of U251 and U353 are 12 square metres in area which does not satisfy the prescriptive requirements of the HDCP that prescribes a minimum 16 square of open space for 3 bedroom units. Whilst the balconies do not satisfy the minimum area control, the balconies are regular in shape and have a depth of 2.5 metres, enabling the balconies to function as useable outdoor space. Furthermore, the balcony sizes satisfy the prescriptive requirements of the Apartment Design Guide that requires 12 square metres of open space for 3 bedroom units. The minor matter of non-compliance would not adversely impact on the amenity of the units and does not warrant refusal of the application.

2.11.4   Vehicular Access and Parking

The application does not propose any change to the number of car spaces or the vehicular access arrangements within the site. The original development generated a demand for 80 car spaces, based on 69 units comprising 25 x 1 bedroom units, 37 x 2 bedroom units and 7 x 3 bedroom units. The approved basement carpark included the provision of 86 car spaces, which amounts to 6 extra spaces than required by the HDCP.

The proposed modification is for one additional unit, with changes to the unit mix to 27 x 1 bedroom units, 36 x 2 bedroom units and 7 x 3 bedroom units. The modified proposal creates a demand for 78 car spaces, comprising 10 visitor spaces. The modified proposal maintains 86 car spaces within the basement and therefore complies with the parking rates prescribed under the HDCP.

2.12      Section 94 Contributions Plans

Hornsby Shire Council Section 94 Contributions Plan 2012-2021 applied to the original development as approval was granted for 69 units in lieu of the three existing residences. The modified proposal would result in an additional unit and changes to the unit mix. Accordingly, the condition for a monetary Section 94 contribution is recommended to be amended accordingly.

3.         ENVIRONMENTAL IMPACTS

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

3.1        Natural Environment

3.1.1     Tree and Vegetation Preservation

Concerns were raised in a community submission that the development would necessitate the removal of established trees on the site. The objector requested that provision be made for re-planting of canopy trees at the rear of the site to improve the interface with the low density residential area. Exotic tree species which are exempt under Council’s Tree Preservation Order would be removed to accommodate the development. The Landscape Plan approved under the original development includes planting of canopy trees along all street frontages to create a landscape setting.

The modified proposal does not change the impact of the development on existing vegetation and no change is proposed to the approved landscape plan. No further consideration in this regard is required.

3.1.2     Stormwater Management

The proposed modification would not alter the approved method of stormwater disposal from the site.

3.2        Built Environment

3.2.1     Built Form

The modified proposal would not significantly alter the built form of the development when viewed from Peats Ferry Road, Bell Street, or adjoining properties. The proposal maintains compliance with the 17.5 metre height requirement and provides for a development that is consistent with the desired future character of the precinct.

3.2.2     Traffic

A traffic and parking assessment was submitted with the modified proposal having regard to the RMS Guide to Traffic Generating Development Updated Traffic Surveys – Technical Direction 04a dated August 2013. Despite there being changes to the unit mix and an increase of one unit under the modified proposal, the report notes that both the approved development and the proposed modification include a total of 120 bedrooms. Given this, the traffic and parking assessment states that modified proposal would not result in any additional traffic impacts from that previously accepted by Council and the RMS.

The approved and modified proposal would produce a net traffic generation of 11 vehicles during the AM peak hours and 8 vehicles during the PM peak hours which is considered to be negligible when compared with the traffic volumes on the adjacent road network.  In this regard, the traffic volume on Peats Ferry Road is currently in the order of 1000 vehicles per hour two way in peak hours.  In the vicinity of the development site, Peats Ferry Road has one travel lane per direction.  In terms of carriageway capacity, this equates to 1,800 vehicles per hour per lane.  Based on the observed traffic flows, the estimated degree of congestion of Peats Ferry Road has been established to be less than 27% of nominal capacity.

In the assessment of the original application, Council’s engineering assessment of the traffic impacts of the development concluded that the proposal is satisfactory. The proposed modification would not alter the traffic impacts of the approved development and is therefore acceptable.

3.3        Social Impacts

The modified proposal would improve housing choice in the locality by providing a range of household 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.

3.4        Economic Impacts

This modified proposal would achieve a positive economic impact on the locality via employment generation during construction and minor 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 matter has been assessed in within the assessment of the original development application. No further assessment is necessary.

5.         PUBLIC PARTICIPATION

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

5.1        Community Consultation

The proposed development was placed on public exhibition and was notified to adjoining and nearby landowners between 19 January 2016 and 4 February 2016 in accordance with the Notification and Exhibition requirements of the HDCP.  During this period, Council received one submission.  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 objected to the development, generally on the ground that the development would result in:

·              Unacceptable impact on established trees;

·              Safety issues for nearby residents if the site is not secured with fencing;

·              Safety issues for nearby residents as a result of demotion of houses containing asbestos;

·              Safety issues for adjoining residents as a result of construction vehicles using Bell Street;

·              Privacy impacts on adjoining dwelling houses;

·              An inappropriate development outcome as a result of zoning that permits a five storey development adjoining land zone for low density residential; and

·              Traffic and amenity impacts on nearby residents resulting from vehicular and pedestrian access from Lodge Street or Bell Street.

Additional requests include:

·              Council to provide alternate housing for nearby residents during demolition and construction;

·              Planting of canopy trees to provide a buffer between the development and existing dwellings on Bell Street; and

·              High fencing on Bell Street frontage to improve privacy.

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

5.1.2     Construction Fencing

The submission raises concern regarding the measures in place to secure the site during construction to prevent children from entering the site.

Construction sites are required to be secured with fencing in accordance with Work Cover requirements. A condition was applied to the original consent requiring fencing to be erected around the development site prior to the commencement of works. In the instance where the site is not secured in accordance with WorkCover requirements, this can be reported to the Principal Certifying Authority, Work Cover or Council for investigation.

5.1.2     Construction Vehicles Using Bell Street

The submission raises concern regarding the potential for construction vehicles using Bell Street. A condition was applied to the original consent requiring the preparation of a Construction Traffic Management Plan (CTMP), which is to detail construction vehicle routes, number of trucks, hours of operation, access arrangements and traffic control measures. Council will review the CTMP, advise of any necessary modifications to the applicant and enforce the CTMP during construction. It is unlikely that Council would permit construction vehicles to use Bell Street due to load limit restrictions.

5.1.3     Asbestos Removal

The submission raises concern regarding the demolition of houses containing asbestos and the safety implications for nearby residents. It was requested in the submission that Council provide alternate housing during the demolition phase to address this concern.

Council applied a standard condition to the original consent requiring that all demotion work is to be carried out in accordance with Australian Standard 2601 – 2002 – The Demolition of Structures and that 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.  In addition, a standard commercial manufactured sign warning of asbestos removal is required to be erected in a prominent position visible from the street. It is not within Council’s role or capacity to provide alternate housing during construction.

The submission queries the expected time frame for demolition works. There are no Council controls or conditions that limit time permitted to carry out demolition or construction works. However, previous experience with other 5 storey developments indicates that construction takes approximately 12 months with demolition of existing structures completed within a few weeks.

5.1.4     Pedestrian and Vehicular Access

A community submission raises concern that vehicular or pedestrian access to the building from Lodge Street or Bell Street would have adverse traffic and amenity impacts for nearby residences. The original development was approved with vehicular access from Peats Ferry Road. Pedestrian entrances and paths were approved from Peats Ferry Road and Bell Street. The current application does not propose to alter the approved access arrangements and therefore no further consideration is required for this assessment.

5.1.5     Waste Management

Waste collection was approved at basement level from Peats Ferry Road. The current application does not propose to alter the approved waste collection arrangements.

5.1.6     Lighting

The community submission raises concern with respect to bright lighting within the development that could impact on the amenity of nearby dwelling-houses. A condition was applied to the original consent requiring external lighting to be designed and installed in accordance with Australian Standard AS 4282 – Control of the Obtrusive Effects of Outdoor Lighting.

5.1.7     Zoning

The subject site was rezoned from Residential A (Low Density) to Residential C (Medium-High Density) on 2 September 2011 as part of Council’s Housing Strategy. The appropriateness of the development for the site was considered in the original application.

5.2        Public Agencies

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

6.         THE PUBLIC INTEREST

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

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

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

CONCLUSION

The application proposes to modify the approved residential flat building by increasing the number of units from 69 to 70, changes to the unit mix and minor design changes. The application also seeks consent to permit an additional 12 months to satisfy the deferred commencement condition for the subdivision of No. 4 Lodge Street.

The proposal is consistent with Section 96(2) of the Environmental Planning and Assessment Act 1979 and is substantially the same development as originally approved.

The modified proposal is assessed as satisfactory having regard to matters for consideration pursuant to Section 79C of the Environmental Planning and Assessment Act 1979.

One submission was received during the notification period. The matters raised in the submission have been addressed in the body of this report.   

Having regard to the circumstances of the case, approval of the modification 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 Map

 

 

2.View

Floor Plan - Level 4 and 5

 

 

3.View

Floor Plan - Attic and Roof

 

 

4.View

Elevation Plan

 

 

 

 

File Reference:           DA/214/2015/A

Document Number:    D06938037

 


 

Schedule 1

Date of this modification:

8 June 2016

Details of this modification:

Section 96(2) to increase the number of units from 69 to 70, alterations to the units mix and minor design changes.

Conditions Added:

None

Conditions Deleted:

None

Conditions Modified:

1, 2, 3 and 6

 


 

SCHEDULE 1

GENERAL CONDITIONS

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

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

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

1.         Deferred Commencement

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

a)         A registered plan of subdivision from the NSW Department of Lands creating a new lot from Lot 1 DP385418 to form part of the development.

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

Ref 17387

Survey Plan

Norton Survey Partners

24/10/10

Ref 17387

Plan showing existing and proposed lot layouts

Norton Survey Partners

27/1/15

A50 - C

Plan B2 & B1

Mijollo International

1/7/15

A52- C

Plans L1 to L3

Mijollo International

1/7/15

A55- F

Plans L4 & L5

Mijollo International

2/5/16

A57- D

Plans Attic & Roof

Mijollo International

10/12/15

A401- E

North, East, South & West Elevations

Mijollo International

22/12/15

A501- C

Section A-A + Internal Elevations

Mijollo International

13/6/15

A611- A

Shadow diagrams

Mijollo International

6/2/15

 

Solar Access for Eastern and Western Facades

Mijollo International

Received on 2 7/15

LPDA15-287/1 E

Landscape Plan

Conzept Landscape Architects

 

20/7/15

LPDA15-287/2 A

Landscape plan (level 4 & 5)

Conzept Landscape Architects

9/9/14

LPDA15-287/3 A

Landscape Details

Conzept Landscape Architects

9/2/15

14051-C201 Rev P1

Erosion & Sediment Control Plan

TDL Engineering Consultants

14/1/15

14051-C101- 104 Rev P1

Stormwater Management Plan Level 1 Layout

TDL Engineering Consultants

14/1/15

 

Document Title

Prepared by

Dated

Statement of Environmental Effects

Caladines Town Planning P/L

Feb 2015

Statement of Environmental Effects – Section 96(2)

Caladines Town Planning P/L

December 2015

Waste Management Plan

Ben Hewlett

25/2/15

Music Model – Stormwater pollutant targets

Unnamed

Submitted 4/6/15

Traffic & Parking Report

Ason Group

11/2/15

SEPP 65 Certification

Matthew Cumming (Mijollo International P/L)

24/2/15

Accessibility Report

Abe Consulting

10/2/15

Basix Assessment Report No. ES20141125_00

ESD Synergy P/L

21/12/15

Basix Certificate No. 607563M_03

ESD Synergy P/L

21/12/15

Cost Summary Report

QS1 P/L

2/2/15

1410-A Materials Schedule

Mijollo International P/L

6/2/15

3.         Amendment of Plans

The approved plans are to be amended as follows:

a)         To ensure that future occupants within the proposed development maintain an appropriate level of privacy, all south facing windows opposing habitable spaces on south western corner units in Building 2 are to be installed with privacy screens.

b)         To improve privacy between units, a solid wall to divide the balconies of U251 and U353 is required.

4.         Acoustic Report

An acoustic report is to be provided prior to the issue of a construction certificate demonstrating that appropriate measures will be taken to ensure that the following LAeq levels are not exceeded:

a)         In any bedroom in the building – 35dB(A) at any time between 10pm and 7am,

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

The report is to provide details of construction techniques and measure to attenuate road noise and vibration.  The development must not exceed the specified noise criteria and LAeq levels within Clause 102 of the SEPP (Infrastructure).

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

$83,220.82

Open Space and Recreation

$794,795.05

Community Facilities

$111,422.82

Plan Preparation and Administration

$3,318.18

TOTAL

$992,756.87

being for 27 x 1 bedroom units, 36 x 2 bedroom units and 7 x 3 bedroom units and including a credit for three existing dwelling houses.

b)         The value of this contribution is current as at 22 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.

REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

7.         Building Code of Australia

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

8.         Contract of Insurance (Residential Building Work)

In the case of residential building work for which the Home Building Act 1989 requires there to be a contract of insurance in force in accordance with Part 6 of that Act, that such a contract of insurance is in force before any building work authorised to be carried out by the consent commences.

9.         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.

10.        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.

11.        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.

12.        Dilapidation Report

A ‘Dilapidation Report’ is to be prepared by a ‘chartered structural engineer’ detailing the structural condition of all adjoining properties including Nos. 303 and 309 Peats Ferry Road and Nos 2 2A Lodge Street.

13.        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 TCP is to be submitted to Council for approval prior to the issue of the construction certificate.

14.        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)         Noise attenuation measures be implemented along the eastern 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)         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.

15.        Adaptable Units

The details of the fit-outs of all accessible and adaptable units must be provided with the Construction Certificate Plans.

16.        Construction Vehicles

All construction vehicles associated with the proposed development are to be contained on site or in an approved “Work Zone”.  Construction zones will not be permitted on Bell Street.

17.        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 should be submitted to Council prior to the issue of a Construction Certificate.  Council will review the CTMP, agree to any modifications with the proponent and enforce the CTMP during construction.

18.        Pedestrian Access Management Plan

A Pedestrian Access Management Plan (PAMP) detailing how pedestrian movements will be changed and managed during various stages of development, particularly during any partial or total closure of footpaths on Peats Ferry Road and Bell Street.  Council will review the PAMP, agree to any modifications with the proponent and enforce the PAMP during construction.

19.        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”.

20.        Waste Management

The following waste management requirements must be complied with:

a)         The approved on-going waste management system must not be amended without the written consent of Council.

b)         The access way (including ramp, vehicle turning area, loading bay and site entry/exit) to be used by waste collection vehicles, must be designed in compliance with Australian Standard AS2890.2-2002 Parking Facilities Part 2:Off-Street Commercial Vehicle Facilities for small rigid vehicles.

c)         Storage space must be provided for motorised bin carting equipment

d)         The doors to the recycling and garbage collection rooms are to be approximately 3m side roller doors.

21.        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 got 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.

22.        Acoustic Report

The Construction Certificate plans must demonstrate compliance with the recommendations in the submitted Acoustic Report (required as per condition No. 4) including materials of construction and glazing details.

23.        Driveway Longitudinal Sections

Longitudinal sections along both sides of the access driveway shall be submitted to the principal certifying authority in accordance with the relevant sections of AS 2890.1 and the following requirements:

a)         The maximum grade shall not exceed 1 in 4 (25%) with the maximum changes of grade of 1 in 8 (12.5%) for summit grades and 1 in 6.7 (15%) for sag grades.  Any transition grades shall have a minimum length of 2 metres.  The longitudinal sections shall incorporate the design levels obtained by Council.

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

24.        Stormwater Drainage – Dwellings

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

a)         Connected directly to an existing Council drainage system/street gutter via an on-site detention and water quality treatment system.  Capacity of the street gutter is to be verified prior to discharging to the gutter.

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

c)         A construction certificate application is to be submitted to Council for discharging stormwater to Council pit.  All works are to be carried out in accordance with Council’s Civil Works Specifications 2005.

d)         The stormwater system with on-site detention and water quality treatment facilities is to be constructed in accordance with Drainage Nos. 14051-C101-C104 Revision P1 dated 14.01.15 prepared by TLD Engineering Consulting Pty Ltd (Council Document No. D04948248).

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

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

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

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

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

f)          Detail calculations are to be shown in construction certificate plan.

26.        Water Quality/Bio Retention System

Stormwater discharging from the development site is to be treated to achieve the quality specified in the HDCP 2013 (table 1C.1.2(b) Urban Stormwater Quality Targets).  A Chartered Civil/Hydraulic Engineer of the Institution of Engineers, Australia is to certify that works have been completed in accordance with the approved construction plan and the measures will achieve the targets specified in the condition.

27.        Vehicular Crossing

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

a)         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.

28.        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.

29.        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)         A concrete footpath along Bell and Lodge Streets are to be constructed.  Old sections of the footpath along Peats Ferry Road are to be replaced.

b)         The kerb and gutter fronting Bell Street and 31m along Lodge Street (from the intersection of Lodge and Bell Streets) are to be constructed.  The existing road pavement is to be saw cut a minimum of 300 mm from the existing edge of the bitumen and reconstructed.

c)         A construction certificate is to be submitted to Council for approval.

Note:  Council is the only authority to approve works within Council roads.

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

30.        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.

31.        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.

32.        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.

33.        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.

REQUIREMENTS DURING CONSTRUCTION

34.        Construction Work Hours

All work on site (including demolition and earth works) must only occur between 7am and 5pm Monday to Saturday (unless otherwise approved by Council due to extenuating circumstances). No work is to be undertaken on Sundays or public holidays.  No excavation or rock sawing/breaking is to occur on Saturdays.

35.        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.

36.        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.

37.        Street Sweeping

Street sweeping must be undertaken following sediment tracking from the site along Peats Ferry Road and Bell Street 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.

38.        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.

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

42.        Waste Management

Waste management during the demolition and construction phase of the development must be undertaken in accordance with the approved Waste management Plan.  Additionally written records of the following items must be maintained during the removal of any waste from the site and such information submitted to the Principle 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.

43.        Traffic Control Plan Compliance

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

44.        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.

45.        Construction Noise Management

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

46.        Contamination During Construction Works

Should the presence of asbestos or soil contamination, not recognised during the application process be identified during demolition, the applicant must immediately notify the Principal Certifying Authority and Council.

47.        Construction Vehicle Access

All construction vehicles associated with the proposed development are to access the site from Peats Ferry Road only.  No construction vehicle access is permitted on Bell Street.

48.        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”.

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.

49.        Fulfilment of BASIX Commitments

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

50.        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.

51.        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, drainage systems, with water quality measures, driveways and on-site detention system. 

52.        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.

53.        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 bio retention system and outlet works within the lots in favour of Council in accordance with Council’s prescribed wording.  The position of the on-site detention and bio retention systems are 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 and bio retention system must be submitted verifying that the required storage and discharge rates will be achieved and water quality control 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 the bio retention system.  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.

54.        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.

55.        Certificate of Preservation 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 reestablishment of damaged, removed or displaced survey marks has been undertaken in accordance with the Surveyor General’s Direction No. 11 – “Preservation of Survey Infrastructure”.

56.        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.

57.        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 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)         A survey of the finished access way (including ramp, waste collection, vehicle turning area, loading bay and site entry/exit) to be used by SRV waste collection vehicle, must be carried out by a registered surveyor and submitted to the principal certifying authority.  Written confirmation must be submitted to the Principal certifying authority from a qualified Traffic Engineer, that this survey confirms the finished access way within the waste collection vehicle turning path was designed and constructed in compliance with Australian Standard AS2890.2-2002 Parking Facilities Part 2:Off-street Commercial Vehicle Facilities for small rigid vehicles.

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

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

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

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

k)         The 2 x 660L bin liner fitted to each garbage chute to automatically change the bin under the chute when it becomes full must not include compaction.

58.        Planter Boxes/ On Slab Planting

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

59.        Planting to Peats Ferry Road Setback

Tree planting to the Peats Ferry Road landscape setback area must include:

a)         1 x Angophora costata or Syncarpia glomulifera, installed at minimum 25 litre pot size.

60.        Completing of Landscaping

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

Note:  Applicants are advised to pre-order plant material required in pot sizes 45 litre or larger to ensure nurseries have stock available at the time of install.

61.        Location of Plantings

Tree plantings for low density must be located 4m or greater than from foundation walls of a dwelling or in-ground pool.  The pot size must be a minimum 25L.

All replacement trees must be maintained until they reach the height of 3m.  Trees must be native to Hornsby Shire and reach a mature height greater than 9m.

All plant stock must meet the specifications outlined in ‘Specifying Trees’ (Ross Clark, NATSPEC Books) and that the planting methods are current, professional (best practice) industry standards at the time of planting.

62.        Final Certification

A certificate from suitably qualified Acoustic consultant must be submitted to the Principal Certifying Authority stating compliance with the provided conditions of this consent.

63.        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).

64.        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.

65.        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.

66.        Unit Numbering

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

67.        Construction of a Safe Environment

Prior to the issue of an Occupation Certificate, the site must include the following elements:

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

b)         The entryway to the site be illuminated in high luminance at all times;

c)         The communal open space areas are to be illuminated with high luminance by motion sensor lighting;

d)         The service areas of the ground floor and the garbage room at the basement be illuminated with low luminance at all times;

e)         The driveway and the basement car park is to be illuminated with low luminance at all times;

f)          Robust materials which cannot be forced or breached with minimised maintenance requirements are to be used for construction work in the common areas;

g)         Effective signage be provided to guide visitors to the main areas and parking areas;

h)         A street sign be prominently displayed in front of the site in accordance with Order No. 8, Section 124 Local Government Act 1993;

i)          The communal area must include a clear sign to restrict access for non-residents;

j)          Unit numbers, entry and exit signs must be legible and clear;

k)         Fire exit doors to be fitted with single cylinder locksets (Australia New Zealand Standard – Locksets);

l)          The entry doors to the pedestrian foyers are to be constructed of safety rated glass to enable residents a clear line of site before entering or exiting the residential apartments;

m)        Security deadlocks are to be provided to each apartment door; and

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

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

OPERATIONAL CONDITIONS

68.        Waste Management

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

a)         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 systems 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.

69.        Car Parking

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

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

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

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

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

70.        Sight Distance to Pedestrians and Cyclists

Any proposed landscaping and/or fencing must not restrict sight distance to pedestrians and cyclists travelling along the footpath.

71.        Residential Parking Spaces

Residential parking spaces are to be secure spaces with access controlled by card or numeric pad.

72.        Visitors Access

Visitors must be able to access the visitor parking spaces in the basement car park at all times.

73.        Parking for People with Disabilities

All parking for people with disabilities is to comply with AS/NZS 2890.6:2009 Off-street parking for people with disabilities.  In particular note that clearance height 2500 min. is to be maintained from entry to parking space.  Refer to Figure 2.7 of AS/NZS 2890.6:2009.

74.        Bicycle Parking Spaces

Bicycle parking spaces are to be designed in accordance with AS 2890.3-1993 Bicycle parking facilities.

75.        Motorcycle Parking Spaces

Motorcycle parking spaces are to be designed in accordance with AS 2890.5-1993.

76.        Access for Garbage Vehicles

Access for garbage vehicles is to satisfy the requirements of Council’s Waste Management Branch.

77.        Landscape Establishment

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

78.        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).

79.        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 – ROADS & MARITIME SERVICE

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.

80.        All redundant driveways on Peats Ferry Road should be removed and replaced with kerb and gutter to Council’s satisfaction.

81.        A Constriction 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.

82.        The swept path of the longest vehicle (to service the site) 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.

83.        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 AS2890.1-2004, AS2890.6-2009 and AS2890.2-2002 for heavy vehicle usage.

84.        Any proposed landscaping and/or fencing must not restrict sight distance to pedestrians and cyclists travelling along the footpath.

- 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.

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 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.


 

Group Manager’s Report No. PL40/16

Planning Division

Date of Meeting: 8/06/2016

 

10      DEVELOPMENT APPLICATION - FIVE STOREY RESIDENTIAL FLAT BUILDING COMPRISING 41 UNITS - 36 - 40 LORDS AVENUE, ASQUITH   

 

 

EXECUTIVE SUMMARY

DA No:

DA/1671/2015 (Lodged on 22 December 2015)   

Description:

Demolition of existing structures and erection of a five storey residential flat building comprising 41 units with basement car parking.

Property:

Lots 1, 2 and 3 DP 21699, Nos. 36 – 40 Lords Avenue, Asquith

Applicant:

Gelder Architects

Owner:

Kahlefeldt Securities Pty Ltd

Estimated Value:

$9,617,858

·              The application involves demolition of existing structures and the erection of a five storey residential flat building with mezzanines comprising 41 units with basement car parking.

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

 

RECOMMENDATION

THAT Development Application No. DA/1671/2015 for demolition of existing structures and the erection of a five storey residential flat building comprising 41 units with basement car parking at Lots 1, 2 and 3 DP 21699, Nos. 36 – 40 Lords Avenue, Asquith be approved subject to the conditions of consent detailed in Schedule 1 of Group Manager’s Report No. PL40/16.

 

 


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.

The subject application was lodged with Council on 22 December 2015 proposing construction of a five storey residential flat building comprising 45 units over two levels of basement carpark.

Following the initial assessment of the application, Council sent a letter to the applicant on 15 January 2016, raising concerns regarding the design of the development, the proposed setbacks and the likely impact on trees.

A meeting was held between Council Officers and the applicant on 27 January 2016 to discuss the concerns. Consequently, amended plans were lodged on 13 April 2016 that proposed to reduce the number of units to 41, proposed setbacks to the rear and the sides that are compliant with Council’s controls and retained significant trees at the rear of the site. The amended plans satisfactorily address Council’s concerns.

SITE

The corner site comprises three allotments, Nos. 36, 38 and 40 Lords Avenue located on the eastern side of the road at its intersection with an unformed section of Mittabah Road. The site is irregular in shape, has an area of 2232.1m2 with a 46.27m frontage to Lords Avenue and 43.09m frontage to Mittabah Road. The site has a slope of 5.6% from the north-eastern (rear) corner to the south-western corner (Mittabah Road).

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

The site and adjoining properties contain a large number of trees including locally native and exotic species. Significant groups of trees are located to the rear of the site and on the adjoining property to the east.

The section of Mittabah Road fronting the site is an informal road at a lower level than the Pacific Highway with a grass verge separating the two roads and a narrow access from Lords Avenue. Currently, No. 437 and No. 439 Pacific Highway are accessed from this road.

The site is located in close proximity to Asquith Railway Station and the Asquith Commercial Centre. The surrounding developments include low density single and two storey residential dwellings on the western side of Lords Avenue and the adjoining properties.  The site and the adjoining allotments located between Lords Avenue and Pacific Highway form part of a redevelopment precinct zoned for five storey development and are undergoing transition. The following development applications, relating to properties in the near vicinity of the site, have been approved or, are under assessment:

·              DA/956/2014 for construction of a five storey residential flat buildings comprising 34 units with 2 levels of basement car parking at Nos. 433 - 437 Pacific Highway (southern side of Mittabah Road) was approved by Council on 9 December 2015. The development proposes vehicular access off Mittabah Road.

·              DA/727/2015 for construction of a five storey residential flat buildings comprising 26 units with 2 levels of basement car parking at Nos. 443 - 445 Pacific Highway (rear of the site) is currently under assessment.

·              DA/1114/2013 for construction of a five storey residential flat building comprising 25 units with 2 levels of basement car parking at Nos. 439 – 441 Pacific Highway (rear of the site) was approved by Council on 10 February 2016.

·              DA/1221/2014 for construction of a five storey residential flat building comprising 25 units with 2 levels of basement car parking at Nos. 42 - 44 Lords Avenue (northern side) was approved by Council on 14 October 2015.

PROPOSAL

The proposal involves the demolition of existing structures and construction of a five storey residential flat building comprising 41 units with 2 levels of basement car parking.

The unit mix would comprise 5 x 1 bedroom, 30 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 Lords Avenue via a centrally located driveway entrance. 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 from the street.  A total of 61 car parking spaces, including 8 visitors’ parking spaces, 4 accessible spaces, 1 accessible visitor’s parking space, 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 38 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 17.5m.  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, is not located in a heritage conservation area or within the vicinity of a heritage item. 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 application is supported by a Geotechnical Report which recommends the following with regard to earthworks:

·              Procedures to be following during rock hammering;

·              Dilapidation survey of surrounding buildings and structures;

·              Continuous quantitative vibration monitoring during rock excavation;

·              Progressive geotechnical inspections of cut rock faces;

·              Monitoring of groundwater seepage into bulk excavation;

·              Geotechnical inspection of initial footing excavation;

·              Proof-testing of anchors, if appropriate; and

·              Proof-rolling of soil subgrade.

Accordingly, conditions of consent are recommended regarding submission of dilapidation reports  assessing the impact of the excavation on the adjoining residential properties and compliance with the above recommendations.

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

The application has been assessed against the requirements of State Environmental Planning Policy No. 55.  This Policy provides State-wide planning controls requiring that consent must not be granted 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.

A search of Council’s records and aerial images reveals that the property has been used exclusively for residential purposes with no record of any site contamination. Given this, the site would be suitable for the proposed use and no further assessment in relation to this SEPP is required.

The existing dwelling houses are constructed of brick with metal roof. Notwithstanding, appropriate conditions are included requiring that all asbestos (if any) be removed from the site. Furthermore, taking into account the significant excavation required to accommodate the proposed basement car park, much of the existing soil would be removed from the site.

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. 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.

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. 

Given that the development application was lodged on 22 December 2015, the provisions of the amended SEPP 65 apply.

Principle

Compliance

1.         CONTEXT AND NEIGHBOURHOOD CHARACTER

Yes

Comment: The site is located within a precinct planned for five storey residential flat buildings in close proximity to Asquith 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 respond and contribute to the identity and future character of the precinct and its context.

2.         BUILT FORM AND SCALE

Yes

Comment: The scale, bulk and height of the development is appropriate for the desired future character of five storey development within the precinct.  The proposed building generally complies with the height, setbacks and maximum floor-plate dimensions prescribed within the HDCP.  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.

The proposal incorporates high quality facades with a balanced composition of varied building elements including a defined base, middle and top of the building and achieves an appropriate built form for the site and its purpose, in terms of building alignments, proportions, and the manipulation of building elements.  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.

3.         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.

4.         SUSTAINABILITY

Yes

Comment: The application includes good sustainable design including the use of natural cross ventilation and sunlight for amenity, liveability of residents. 

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.

5.         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 significant trees located at the rear of the site.

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 which would enhance the development’s natural environmental performance and provide an appropriate landscaped setting. 

6.         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. 

7.         SAFETY

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 a Crime Risk Assessment Report that 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.

8.         HOUSING DIVERSITY AND SOCIAL INTERACTION

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 Asquith railway station and shops. The communal open space at the rear with seating arrangements and lawn areas provide opportunities for social interaction amongst residents. 

9.         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 Apartment Design Guide and the HDCP

2.6        State Environmental Planning Policy No. 65 – Apartment Design Guide

Amendment No. 3 of the SEPP 65 also requires consideration of the Apartment Design Guide, NSW Department of Planning and Environment 2015.  The Guide 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 Guide:

Apartment Design Guide

Control

Proposal

Requirement

Compliance

Deep Soil Zone

36.9%

7% of site area

Yes

Communal Open Space

26%

25%

Yes

Ground Level Private Open Space 

12m2 - 15m2

<Min Depth of 3m

15m2

Min Depth of 3m

No

No

Solar Access (Living rooms and private open space areas)

70.7% (29/41)

2 hours for 70% of units

Yes

No Solar Access allowable for units

9.7% (4/41)

15% of units (max)

Yes

Natural Cross Ventilation

65.8% (27/41)

60%

Yes

Minimum Dwelling Size

1 br – 55m2 - 66m2

2 br – 75m2 - 94m2

3 br – 97m2- 113m2

1 br – 50m2

2 br – 70m2

3 br – 90m2

+ 5m2 for additional bathrooms

Yes

Yes

Yes

Yes

Habitable room depth from a window for open plan layout

6m to 8m

8m from a window (max)

Yes

Minimum Ceiling Height

2.8m (min)

2.7m (habitable rooms)

2.4m (non-habitable rooms)

Yes

Minimum Balcony Size

(minimum depth 2m – 2.4m)

1 bedroom 13 -19m²

2 bedroom 10 - 29m²

3 bedroom 28 - 91m²

1 bedroom 8m²

2 bedroom 10m²

3 bedroom 12m²

Yes

Yes

Yes

Maximum Number of Units on a Single Level

9 units

8 units off a circulation core

No

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

Yes

Yes

 

Yes

As detailed in the above table, the proposed development generally complies with the prescriptive measures within the Apartment Design Guide (ADG) other than the minimum area and dimensions of the ground floor private open space areas and the number of units accessed off one corridor. Below is a brief discussion regarding the relevant development controls and best practice guidelines.

2.6.1     Ground Floor Apartments and Private Open Space

The proposal does not comply with the best practice guidelines within the ADG for 15sqm minimum area for one unit (Unit 1) and 3 metre minimum width dimension to the ground level private open space of a number of units.  The non-compliance is in response to the requirement of the Hornsby Development Control Plan 2013 (HDCP), for common landscaped areas along the roads, the side and rear setbacks to provide a landscape setting for the developments within the precinct. Notwithstanding, the numerical non-compliances are minor and 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 proposal is assessed as satisfactory in this regard and the non-compliance is acceptable.

2.6.2     Solar Access

As stated in the table, more than 70% of the units would receive two hours of direct solar access between 9am and 3pm during Winter Solstice. The application is acceptable in this regard.

The proposal also complies with the requirement for at least 60% of dwellings to have dual aspect and natural cross ventilation.

2.6.3     Apartment Size and Layout

The proposed residential flat building incorporates a mix of single aspect and corner units comprising of one, two and three bedroom apartments.  The majority of apartments would be well ventilated with some corner units provided with dual aspect balconies. 

The proposed layout of all units consist of open plan living/dining rooms that have a minimum width of 3.6m for one bedroom units and a minimum width of 4m for two and three bedroom units and all window areas in habitable rooms are greater than 10% in compliance with the ADG.  It is noted that a few of the bedrooms include a window that is not visible from all sections of the room which does not strictly comply with the provisions of the ADG. However, these windows are either connected to a small balcony or have a minimum width of 1.6m. Given the width of the openings and the connection to the balcony, the windows would provide adequate light to the habitable rooms. As the majority of units have also been designed for adequate cross ventilation, it is considered that this non-compliance does not warrant refusal of the application.

The ADG also prescribes that master bedrooms have a minimum size of 10m² with a minimum dimension of 3m excluding wardrobes and all other bedrooms to have a minimum size of 9m² with a minimum dimension of 2.8m. The proposed bedroom sizes comply with these requirements. Conditions of consent are recommended to ensure that the wardrobes are sized in accordance with the requirements of the ADG.

The proposed outdoor living areas comply with the minimum dimensions required by the ADG on all floors and are readily accessible from the primary living areas.

2.6.4     Visual Privacy

The ADG requires a building separation of 12m between habitable rooms and balconies increasing to 18m from the fifth level, for residential flat buildings on adjoining sites to maintain “Visual Privacy”. Accordingly, all proposed developments are required to provide half of the building separation, as setbacks from boundaries.

The northern and eastern facades of the building would adjoin five storey developments in the future. Two development applications, being DA/1221/2014 and DA/1114/2013, have been approved on the northern and eastern sites respectively. The compliance of the proposal with the building separation requirements is discussed below:

Eastern boundary

The development complies with the building separation requirements along the eastern boundary by proposing a minimum boundary setback of 7m for balconies and 8m for habitable areas up to the fourth level. The building steps back at the fifth level to provide a minimum 9m setback rom the eastern (rear) boundary.

Northern boundary

It is noted that sections of the northern façade would be setback 4m from the boundary and include two windows to a bedroom and a kitchen at each level. The windows are proposed to be highlight to alleviate adverse privacy impacts. However, this does not strictly comply with the ADG requirements regarding “Visual Privacy”.  The proposed non-compliance is accepted due to the following reasons:

·              The building has been articulated in accordance with the requirements of the HDCP which allows 1/3 of the building length to encroach and have a 4m setback from the side boundary.

·              An assessment of the window locations for the southern façade of the approved building on the adjoining site to the north (DA/1221/2014) reveals that there are no windows directly facing the proposed windows (under DA/1671/2015) at 4m setback from the boundary.

·              The ADG design guidelines under “Visual Privacy” state that the windows should not directly face each other to avoid overlooking. The proposal complies with this requirement.

Accordingly, it is considered that the proposed design of the two adjoining buildings would achieve the building separation of 12m from windows of habitable areas up to the fourth level.

It is also noted that the ground level courtyards for units 2, 3 and 4 (north facing units) would have a setback of 4m from the northern boundary. Continuous planter boxes are proposed along the northern elevation of these terraces and courtyards to alleviate overlooking opportunities.  Given the proposed privacy measures, the proposal is acceptable in this regard.

2.6.5     Internal Circulation

The proposed development includes access to all floors via a lift. The internal corridors meet the Guide’s requirements with regard to ventilation at each level. Non-compliance is noted with regard to the number of units accessed from a single level. However, the development achieves compliance with the design guidelines by proposing a foyer area, articulating the corridor, avoiding dead ends and proposing solar access. The ADG states that subject to achieving compliance with the design guidance, a single level corridor can provide access to up to 12 units. The development complies with the provisions as it provides access to a maximum of 9 units per floor.

The proposal is acceptable in this regard.

2.6.6     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 ADG in regard to acoustic privacy.

2.6.7     Storage

The proposed residential flat building includes storage areas within the apartments, accessed from either circulation or living areas and within the basement levels complying with the ADG requirements. To ensure that the storage provided is proportional to the size of the apartment, a condition is recommended that each dwelling within the development has a minimum storage area 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 storage in kitchens, bathrooms and bedrooms.

2.6.8     Facades

The proposed residential flat building incorporates high quality facades with a balanced composition of varied building elements including a defined base, middle and top of the building.  The facades are well composed with horizontal and vertical elements with varied textures that provide visual interest along the street while respecting the character of the local area.  The proposal is consistent with the ADG with regard to facades.

2.7        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.

2.8        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.

2.9        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

30.85m – Lords Avenue

42m – Mittabah Road

30m

Yes

Height

5 storeys including mezzanine – 17.5m

5 storeys – 17.5m

Yes

Maximum Floorplate Dimension

38m (N/S)

25 - 29m ( E/W)

35m

35m

No

Yes

Building Indentation

4m x 4m

4m x 4m

Yes

Height of Basement Above Ground

1m – 1.8m

1m (max)

No

Front Setback (Lords Avenue)

10m

8m (for 9.5m) < 1/3 frontage

7m (balconies)

10m

8m (for 12.6m) < 1/3 frontage

7m (balconies)

Yes

Yes

 

Yes

Side Setback (Mittabah Road)

6m

4m (for 11.85m) < 1/3 frontage

4m (balconies)

6m

4m (for 9.6m) < 1/3 frontage

4m (balconies)

Yes

No

 

Yes

Rear

10m

8m (for 11.6m) < 1/3 frontage

7m (balconies)

10m

8m(for 12.6m)  < 1/3 of frontage

7m (balconies)

Yes

Yes

 

Yes

Side Setback (North)

6m

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

6m (balconies)

6m

4m (for 8.3m) < 1/3 frontage

6m (balconies)

Yes

Yes

 

Yes

Top Storey Setback from Ground Floor

 

3m

 

3m

 

Yes

Underground Parking Setback

7m-Lords Avenue

7m-rear

4m-Mittabah Road

4m-side (north)

7m-front

7m-rear

4m-side

4m-side

Yes

Yes

Yes

Yes

Basement Ramp Setback

15m

2m

Yes

Deep Soil Landscaped Areas

7m- Lords Avenue

7m - rear

4m - Mittabah Road

4m-side (north)

7m-front

7m - rear

4m side

Yes

Yes

Yes

Communal Open Space with Minimum Dimensions 4m

50m2 (min)

36.9%

50m2 (min)

25%

Yes

Yes

Parking

53 resident spaces

8 visitor spaces

12 bicycle racks

4 visitor bicycle racks

1 motorbike space

43 resident spaces

6 visitor spaces

8 bicycle racks

4 visitor bicycle racks

1 motorbike space

Yes

Yes

Yes

Yes

Yes

Housing Choice

1br – 12.2%

2br – 73.2%

3br– 14.6%

10% of each type (min)

Yes

 

Adaptable Units

 

34% (14/41)

 

30%

Yes

As detailed in the above table, the proposed development generally complies with the prescriptive requirements within the HDCP except the floorplate dimension, height of the basement and setback encroachment to Mittabah Road.  The matters of non-compliance are detailed below, as well as a brief discussion on compliance with relevant desired outcomes.

2.9.1     Desired Future Character

The site is included in the Lords Avenue, Asquith 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.

2.9.2     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.

2.9.3     Height

It is noted that a minor section of the ground floor at the south-eastern corner, would be 1.8m above the natural ground level at that point. The site has an average fall of 5.9% from the rear (NW corner) to the front (SW corner). The development maintains a consistent finished floor level of RL 171.00 for the ground floor. This has resulted in the elevation of the ground floor at the south-eastern corner (unit 8) and excavation of up to 1.8m at the north-western corner (unit 4).

The non-compliance is minor and would not impact on the streetscape of Mittabah Road. Accordingly, it is acceptable.

The proposed excavation at the north-eastern corner would not result in adverse impact on the amenity or the outlook of the ground floor units.

2.9.4     Setbacks

As noted in the table above, the proposal generally complies with most of the building setback controls except the side setback to the south.  The front setback requirements have been applied to the Lords Avenue frontage and the side setback requirements have been applied to the Mittabah Road frontage. This would ensure that the buildings along the Lords Avenue maintain consistent setbacks to the road reserve. The building also incorporates a 3m additional setback for the top storey on all elevations.

The HDCP requires buildings to have a minimum 6m setback to the side boundaries. A setback of 4m is allowed for a maximum of 1/3 of the building length. The proposal does not comply with this provision as more than 1/3 of the building length (11.85m) would have a setback of 4m from the Mittabah Road frontage. The non-compliance is acceptable due to the following reasons:

·              Only 7.2m of the actual building length (less than 1/3 of the overall length) encroaches within the allowable 4m setback from the southern boundary. The additional length (4.65m) is due to a balcony at the south-western corner on each level. The balcony is proposed to be lightweight with transparent balustrades that would not add to the overall bulk of the building as perceived from the Mittabah Road frontage;

·              The setback from Mittabah Road is consistent with that approved under DA/1114/2013 (adjoining eastern site) and DA/956/2014 (opposite side of Mittabah Road). The proposed setback to the Mittabah Road reserve would have no adverse impact on the privacy or amenity of the development on the southern side of the road reserve. Generous landscaping with canopy trees intercepted by shrubs and hedges is proposed along the boundary to screen the development.

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

2.9.5     Built Form and Separation

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

Building Separation

The matter is discussed in Section 2.6.4 of this report.

Floor-Plates

The proposed building would have a maximum floor-plate of 38m fronting Lords Avenue and the rear boundary, which does not comply with the requirements of the HDCP.  The non-compliance is acceptable for the following reasons:

·              The non-compliance is minor when compared to the overall scale of the development. Strict compliance with the HDCP prescriptive measures would not achieve a superior design outcome for the site;

·              The building envelope follows the shape of the site and proposes appropriate setbacks on the northern and southern sides;

·              The site includes three allotments with an overall frontage of 46.27m to Lords Avenue. Therefore, the additional building length appropriately responds to the context of the site and the frontage;

·              To reduce the visual impact, the façade is highly articulated including a 4m x 4m indent;

·              The building is well articulated along this elevation by projecting balconies, wall offsets and corner windows; and

·              The building 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 not be perceived from the public domain. Accordingly, the non-compliance is acceptable.

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 lightweight balconies, vertical and horizontal blade elements, stepped levels of the building, flat roof and large proportion of openings at the topmost storey; and

·              The building would incorporate a varied use of finishes including pre-fabricated fibre cement panels, acrylic render paint finishes and a dark toned colour palette.

The design of the floor-plate, the proposed indentations and the articulation of the facades are in accordance with the “Design” element of the HDCP.

2.9.6     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, the rear and the northern boundaries.

The proposal retains large and significant trees located on the adjoining eastern property and within the rear setback. The submitted landscape plan proposes medium to large sized native trees (25 in total) intercepted by hedges and shrubs along the Mittabah Road frontage, northern and rear boundaries. A communal open space area with associated paving and seating areas is located within the north-eastern (rear) setback area.  This would provide a communal space that is readily accessed and used by the residents. It is noted that a paved play area is proposed at the rear, constructed of crushed granite with brick edging. A condition of consent recommends that this area be replaced by lawn to maintain peripheral deep soil zone as required by HDCP.

The development results in suitable deep soil landscaped areas along the periphery of the site with proposed canopy trees, intercepted by shrubs, hedges and ground covers. The proposal is assessed as satisfactory with regard to basement carpark setbacks and landscaping, subject to recommended conditions of consent.

2.9.7     Open Space

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

The proposed communal open space area, located at the rear of the site, complies with the prescriptive area requirements of the HDCP. Direct access to the communal open space is proposed off the ground level foyer. The proposal is assessed as satisfactory in this regard.

2.9.8     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 on all sides with provisions for 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 has been designed to provide safe, clear and direct pedestrian entrances from Lords Avenue and Mittabah Road. 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.

2.9.9     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.

2.9.10   Vehicular Access and Parking

The proposed basement car park is over two levels and is accessed via a 6m wide driveway from Lords Avenue.

Parking provision within the basement levels is in excess of 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 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.

2.9.11   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 4 x 660 litre garbage bins serviced two times per week, 10 x 240 litre recycling bins serviced weekly and 1 x 660 litre paper/cardboard bin. The site will need an additional 1 x 660 litre garbage bin under the chute and 5 x 240 litre recycling bins to swap over on each floor.

Waste facility at each residential level would include garbage chute and a recycling bin. A garbage room is proposed at the upper basement level. The size of the garbage room is sufficient to store the required number of bins.

A separate ground level bin storage and collection area is proposed on the northern side of the driveway. A site caretaker would cart the bins up the ramp to the collection area. A motorised trolley storage area and bin-lifter have been provided in the basement for this purpose. The waste collection vehicle (being a Small Rigid Vehicle) would reverse on to the truck standing area and egress in a forward direction.  The collection area is sufficiently separated and screened from the ground floor units and would not result in adverse amenity impacts due to noise and odour. The truck would only utilise the driveway area twice weekly and would not restrict useability of the access way by the residents of the building.

The development does not provide for an 8m2 bulky waste storage area within the site. Conditions of consent recommend that this area be provided at the upper basement level. There is sufficient space within the basement to accommodate the bulky waste storage area.

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.

2.9.12   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 development proposes access from Lords Avenue and includes a five storey residential flat building with satisfactory landscaped setbacks. The 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.

2.10      Section 94 Contributions Plans

Hornsby Shire Council Section 94 Contributions Plan 2012-2021 applies to the development as it would result in an additional 38 residential dwellings in lieu of the 3 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 properties accommodate tree species that are consistent with Blue Gum High Forest or Sydney Turpentine Iron Bark Forest, listed as Critically Endangered Ecological Communities (EEC). Additionally, four trees (T10, T23, T24 and T26) are considered to be individually significant trees. T23, T24 and T26 are located on the adjoining eastern property.

The application is supported by a Arboricultural Impact Statement prepared by Bradshaw Tree Services. The design of the building retains significant trees at the rear of the site. The basement has been redesigned to minimise impacts on the tree protection zone of tree Nos. 10 and 26, located at the south-eastern corner. The Arboricultural Impact Statement states that the proposed basement would result in moderate incursion within the tree protection zone for tree Nos. 8, 10, 11, 12 and 25, located along the eastern boundary. However, the report concludes that such encroachments would not have any adverse impact on the long term health and vitality of the trees.

Notwithstanding, the proposal would necessitate the removal of thirteen trees including one street tree, to enable construction of the building and the basement. None of the trees proposed to be removed are assessed as significant.

It is noted that DA/1114/2013 granted approval for the removal of the T23 and T24 and required retention of T26. However, given that the trees are located within neighbouring properties, this consent requires implementation of measures to protect T23, T24 and T26.

A landscape plan has been submitted with the application that includes replacement planting with a range of large and medium canopy trees with a mix of small and medium shrub layers and ground covers.

Council’s assessment of the proposal included a detailed examination of the existing trees on site. No objections are raised regarding the removal of the thirteen trees on site. Additional conditions recommend planting of five trees along the street frontage of Lords Avenue.

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 within Mittabah Road via an onsite detention tank located under the driveway to control the discharge of water from the site. 

The stormwater concept plan incorporates a water quality treatment system within the on-site detention tank (precast concrete treatment chamber - Humeceptor). 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 a frontage to Lords Avenue, which is a local road. The site is also located in close proximity to the Pacific Highway. A Traffic and Parking Impact Assessment submitted with the proposal estimates the traffic generation from the existing site and proposed development using RMS (Roads and Maritime Services) TDT 2013/04.  The net traffic generation is estimated to be a maximum of 6 vehicle trips per hour (vtph) in the AM and PM peak hours which is negligible when compared with the traffic volumes on the adjacent road network.

Although this additional traffic 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 would be significant.  The cumulative impact has been considered in the strategic transport model for Council’s Housing Strategy. A Traffic Management Improvement Plan is included in the HDCP relating to the Asquith precincts. This includes the extension of Wattle Street to Amor Street, construction of a new roundabout at the junction of Wattle Street, Amor Street and Lords Avenue and restriction of left in, left out movements from Amor Street to Pacific Highway. These improvements have been included in the Works Schedule in Council’s Section 94 Development Contribution Plan 2012 – 2021 for implementation. These works would provide for the increase in traffic in the area and ease of traffic flow within the existing network.

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 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”.

4.1        Flooding

The subject site is not identified as flood prone land. However, the adjoining Mittabah Road reserve is currently utilised as a drainage reserve. There currently exists a main drainage trunk line flowing east adjacent the site within Mittabah Road reserve area on the southern side of the site.

Given the proximity of the site to the drainage reserve, the application is supported by a Flood report which includes a detailed catchment analysis and overland flow path identification. The report concludes that the proposed ground level and the driveway entrance, being at RL 171.00 and RL 170.38, are approximately 1390mm (ground) and 860mm (driveway) above the predicted 100-year flood level and the freeboard requirement of 500mm.  The driveway entrance is located away from the predicted overland flow flood extent. There is no anticipated increase in overland flood levels as a result of the proposed development.

Council’s engineering assessment in this regard concurs with the above conclusion.

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 21/01/2016 and 04/02/2016 in accordance with the Notification and Exhibition requirements of the HDCP.  During this period, Council received two submissions.  The amended plans were renotified between 18/04/2016 and 29/04/2016. During this period, Council received no 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 objected to the development on the following grounds:

·              The development would adversely impact upon evacuation of residents in the area during bushfires due to the close proximity of the site to bushfire prone land;

·              The development would result in unacceptable traffic impact on Lords Avenue;

·              The childcare on Lords Avenue would be closed due to the rezoning of the street;

·              The proposed and similar adjoining developments would have a detrimental impact on the natural and built environment of Lords Avenue;

One submission supported also made the following observations:

·              The details of drainage pipe size within the Mittabah Road reserve have not been provided. Accordingly, the suitability of the stormwater management plan cannot be assessed;

·              The number of units should be reduced to 38;

·              The train services should be improved to accommodate additional units; and

·              The proposed colour scheme should include light green and blue rather than the proposed dark toned colour palette.

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     Detrimental Impact on the locality

The proposed development is located within a high density precinct. 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 proposal includes in excess of the parking requirements prescribed by RMS and Hornsby Council. As discussed in this report, the proposal would not have an unreasonable impact on the natural and built environment of the locality, subject to conditions of consent requiring management of traffic and noise during construction works.

5.1.2     Inadequacy of infrastructure

Concerns are raised that existing infrastructure including train services and bushfire evacuation routes are inadequate to cater for an increased population as a result of the additional units.  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.

5.1.3     Evacuation during bushfire

The site itself does not constitute bushfire prone land and therefore, this objection is not considered relevant to this development application.

5.1.4     Stormwater

Council’s assessment of the stormwater plans conclude that the existing drainage infrastructure is capable of accommodating the development, given that the stormwater flow would be controlled by the on-site detention system.

It is noted that DA/956/2014 approved roadworks within Mittabah Road which includes upgrading the drainage system.  As such, the Mittabah Road drainage pipeline would up, should the development consent be acted upon. Therefore, no further concerns are raised in this regard.

5.1.5     Reduction in the number of units

As discussed in this report, the proposed development generally complies with the prescriptive measures within the HDCP and the ADG. The proposal has been redesigned to reduce the number of units to 41. The amended proposal is assessed as satisfactory with regard to the number of units, considering the size and context of the site.

5.1.6     Colour Scheme

The building would incorporate a varied use of finishes including pre-fabricated fibre cement panels, acrylic render paint finishes and a dark toned colour palette as required by the HDCP. The proposed colour scheme is consistent with the desired future character of the area.

5.2        Public Agencies

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

6.         THE PUBLIC INTEREST

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

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

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

CONCLUSION

The application proposes demolition of existing structures and construction of a five storey residential flat buildings comprising 41 units and basement carpark.

The proposed development is designed in accordance with the Key Principles of ‘Lords Avenue, Asquith 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 Apartment Design Guide.

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

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

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

Landscape Plan

 

 

3.View

Floor Plans - Part 1

 

 

4.View

Floor Plans - Part 2

 

 

5.View

Elevations and Sections

 

 

6.View

Shadow Plan

 

 

7.View

Photomontage

 

 

 

 

File Reference:           DA/1671/2015

Document Number:    D06938776

 


SCHEDULE 1

GENERAL CONDITIONS

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

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

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

1.         Approved Plans and Supporting Documentation

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

Plan No.

Issue

Plan Title

Drawn by

Dated

DA02

E

Second Basement Floor Plan

Gelder

12/04/2016

DA03

E

First Basement Floor Plan

Gelder

12/04/2016

DA04

F

Ground Floor Plan

Gelder

3/05/2016

DA05

E

First Floor Plan

Gelder

12/04/2016

DA06

E

Second Floor Plan

Gelder

12/04/2016

DA07

E

Third Floor Plan

Gelder

12/04/2016

DA08

E

Fourth Floor Plan

Gelder

12/04/2016

DA09

E

Loft Plan

Gelder

12/04/2016

DA10

E

Elevations 1

Gelder

12/04/2016

DA11

E

Elevations 2

Gelder

12/04/2016

DA12

E

Section A

Gelder

12/04/2016

SW1

A

Concept Basement drainage Plan

E2 Civil and Structural Design

13/04/2016