BUSINESS PAPER

 

General Meeting

 

Wednesday 8 November 2017

at 6:30PM

 

 

 

 


Hornsby Shire Council                                                                                           Table of Contents

Page 2

 

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     CS35/17 Investments and Borowings for 2017/18 - Status for Period Ended 30 September 2017 1

Item 2     CS36/17 2016/17 Audited Financial Statements - Presentation to the Public................... 4

Item 3     CS39/17 Hornsby Shire Council Annual Report 2016/17................................................. 7

Item 4     CS40/17 Delivery Program for 2013-17 and Operational Plan (Budget) for 2017/18 - September 2017 Quarter Review.......................................................................................................... 10

Environment and Human Services Division

Nil

Planning Division

Item 5     PL53/17 Development Application - Construction of a Maintenance Building Ancillary to an Existing Educational Establishment - 28, 28A and 30 Unwin Road, Wahroonga......................... 13

Item 6     PL44/17 Development Application - Subdivision Six Allotments Into 13 Lots - 2A & 6 Judith Avenue and 589, 591, 591A & 593 Pacific Highway, Mount Colah ........................................... 51

Item 7     PL47/17 Development Application - Townhouse Development Comprising 17 Dwellings - 497 - 501 Pacific Highway, Mount Colah.................................................................................. 101

Item 8     PL49/17 Development Application - Townhouse Development Comprising 24 Dwellings - 12 to 18 Baldwin Avenue, Asquith......................................................................................... 143

Item 9     PL60/17 Further Report - Development Application - Childcare Centre - 60-74 The Crescent, Cheltenham............................................................................................................. 181

Item 10    PL57/17 Reporting Variations to Development Standards.......................................... 219

Infrastructure and Recreation Division

Item 11    IR16/17 Tender RFT19/2017 - Supply and Delivery of Concrete.................................. 222

Item 12    IR17/17 Request to Remove Tree - 20 Dean Street, West Pennant Hills....................... 225

Confidential Items

Item 13    CS41/17 Proposed Sale - Land Adjoining 57 Berowra Waters Road, Berowra

Item 14    EH6/17 Waste Collection Contract Update

PUBLIC FORUM – NON AGENDA ITEMS

Questions of Which Notice Has Been Given

Mayor's Notes

Item 15    MN9/17 Mayor's Notes from 1 to 31 August 2017...................................................... 228

Item 16    MN10/17 Mayor's Notes from 1 to 30 September 2017.............................................. 229

Item 17    MN11/17 Mayor's Notes from 1 to 31 October 2017.................................................. 231

Notices of Motion

Item 18    NOM13/17 Overdevelopment and Inappropriate Development in the Hornsby Shire..... 233

Item 19    NOM14/17 Expansion of Design Excellence Provisions............................................ 235

Item 20    NOM15/17 Adjacent Over Development Affecting Hornsby Shire............................... 236

SUPPLEMENTARY AGENDA

MATTERS OF URGENCY 

QUESTIONS WITHOUT NOTICE

 


Hornsby Shire Council                                                   Agenda and Summary of Recommendations

Page 1

 

AGENDA AND SUMMARY OF RECOMMENDATIONS

 

PRESENT

NATIONAL ANTHEM

OPENING PRAYER/S

Pastor Brian Hall of St Peters Anglican Church in Hornsby will open tonights 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 October, 2017 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          CS35/17 Investments and Borowings for 2017/18 - Status for Period Ended 30 September 2017

 

RECOMMENDATION

THAT the contents of Deputy General Manager’s Report No. C35/17 be received and noted.

 

Page Number 4

Item 2          CS36/17 2016/17 Audited Financial Statements - Presentation to the Public

 

RECOMMENDATION

THAT the 2016/17 General Purpose and Special Purpose Financial Statements and associated Auditor's Report, as presented to the public on 8 November 2017, be adopted.

 

Page Number 7

Item 3          CS39/17 Hornsby Shire Council Annual Report 2016/17

 

RECOMMENDATION

THAT:

1.         The Hornsby Shire Council Annual Report 2016/17, which has been made available on Council’s website, be received and noted.

2.         The Annual Report be supplemented by Council’s 2016/17 Audited Financial Statements once they are “presented to the public” at the 8 November 2017 General Meeting.

3.         The Annual Report be supplemented by Council’s ‘A Snapshot of the Hornsby Shire in 2016’ publication, as updated in August 2017.

4.         A copy of the final Annual Report 2016/17 be submitted to the Office of Local Government by 30 November 2017.

 

Page Number 10

Item 4          CS40/17 Delivery Program for 2013-17 and Operational Plan (Budget) for 2017/18 - September 2017 Quarter Review

 

RECOMMENDATION

THAT the September 2017 Quarter Review of the 2013-17 Delivery Program and the Operational Plan (Budget) for 2017/18 be received and noted.

 

Environment and Human Services Division

Nil

Planning Division

Page Number 13

Item 5          PL53/17 Development Application - Construction of a Maintenance Building Ancillary to an Existing Educational Establishment - 28, 28A and 30 Unwin Road, Wahroonga

 

RECOMMENDATION

THAT Development Application No. DA/321/2017 for construction of a new maintenance building for use in conjunction with an existing educational establishment at Lot 1 DP 528800, Lot 2 DP 528800 and Lot 3 DP 564798, Nos. 28, 28A and 30 Unwin Road, Wahroonga 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. PL53/17.

 

Page Number 51

Item 6          PL44/17 Development Application - Subdivision Six Allotments Into 13 Lots - 2A & 6 Judith Avenue and 589, 591, 591A & 593 Pacific Highway, Mount Colah

 

RECOMMENDATION

THAT Development Application No. DA/633/2016 for demolition of existing structures and subdivision of six allotments into 13 lots in three stages and including two Torrens title lots and 11 community title lots, at Lot 16 DP 608064, Lot 12 DP 236455, Lot 29 DP 587660, Lot 2A DP 354709, Lot A DP 356749, Lot 3 DP 531091, No. 2A and No. 6 Judith Avenue and Nos. 589, 591, 591A and 593 Pacific Highway, Mount Colah 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. PL44/17.

 

Page Number 101

Item 7          PL47/17 Development Application - Townhouse Development Comprising 17 Dwellings - 497 - 501 Pacific Highway, Mount Colah

 

RECOMMENDATION

THAT Development Application No. DA/706/2017 for demolition of existing structures and construction of 17, two-storey townhouses with attics over a basement carpark at Lot 6 DP 1003238, Nos. 497 – 501 Pacific Highway, Mount Colah be approved subject to the conditions of consent detailed in Schedule 1 of Group Manager’s Report No. PL47/17.

 

Page Number 143

Item 8          PL49/17 Development Application - Townhouse Development Comprising 24 Dwellings - 12 to 18 Baldwin Avenue, Asquith

 

RECOMMENDATION

THAT Development Application No. DA/394/2017 for demolition of existing structures and construction of 24, two-storey townhouses with attics over basement car parking at Lot 3 DP 17085, Lot 4 DP 17085, Lot D DP 403886 and Lot E DP 403886 – Nos.12-18 Baldwin Avenue, Asquith be approved as a deferred commencement pursuant to Section 80(3) of the Environmental Planning and Assessment Act 1979 subject to the conditions of consent detailed in Schedule 1 of Group Manager’s Report No.PL49/17.

 

Page Number 181

Item 9          PL60/17 Further Report - Development Application - Childcare Centre - 60-74 The Crescent, Cheltenham

 

RECOMMENDATION

THAT Development Application No. DA/191/2017 for construction of a 92 place childcare centre at Lots 1-5 DP 5440, Lot C DP 306966, Lot C DP 328704, Lot 1 DP 335423, Lot G DP 360935, Lot J DP 374758, Lot A DP 303812, Nos 60-74 The Crescent, Cheltenham be approved subject to the conditions of consent detailed in Schedule 1 of Group Manager’s Report No. PL60/17.

 

Page Number 219

Item 10        PL57/17 Reporting Variations to Development Standards

 

RECOMMENDATION

THAT the contents of Group Manager’s Report No. PL57/17 be received and noted.

 

Infrastructure and Recreation Division

Page Number 222

Item 11        IR16/17 Tender RFT19/2017 - Supply and Delivery of Concrete

 

RECOMMENDATION

THAT Council do not accept any tender and invite fresh tenders based on the same details for “Supply and Delivery of Concrete”.

 

Page Number 225

Item 12        IR17/17 Request to Remove Tree - 20 Dean Street, West Pennant Hills

 

RECOMMENDATION

THAT Council refuse consent to remove one Eucalyptus saligna (Sydney Blue Gum) located at the front of the property at 20 Dean Street, West Pennant Hills.

 

Confidential Items

Item 13        CS41/17 Proposed Sale - Land Adjoining 57 Berowra Waters Road, Berowra

 

This report should be dealt with in confidential session, under Section 10A (2) (c) of the Local Government Act, 1993. This report contains information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business.

 

Item 14        EH6/17 Waste Collection Contract Update

 

This report should be dealt with in confidential session, under Section 10A (2) (c) of the Local Government Act, 1993. This report contains information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business.

  

PUBLIC FORUM – NON AGENDA ITEMS

Questions of Which Notice Has Been Given

Mayor's Notes

Page Number 228

Item 15        MN9/17 Mayor's Notes from 1 to 31 August 2017

 

 

Page Number 229

Item 16        MN10/17 Mayor's Notes from 1 to 30 September 2017

 

 

Page Number 231

Item 17        MN11/17 Mayor's Notes from 1 to 31 October 2017

 

 

Notices of Motion

Page Number 233

Item 18        NOM13/17 Overdevelopment and Inappropriate Development in the Hornsby Shire

 

COUNCILLOR Del Gallego To Move

THAT:

1.         A briefing for Councillors be conducted concerning options to address issues of over development and inappropriate development in Hornsby Shire. The briefing is to include an outline of Council’s obligations for future housing supply under the State Government’s Metropolitan Strategy and North District Plan, Council’s capacity for housing supply under its existing housing strategies, and infrastructure and environmental constraints that impact Council’s ability to meet future housing targets

2.         Council make representations to, and request a meeting with, the Minister for Planning to discuss any agreed actions arising from the briefing to address Council’s future dwelling obligations and the type, density and quality of dwellings currently being built in the Shire.

3.         A copy of the correspondence mentioned in point 2 above be sent to local, State and Federal Members of Parliament to seek their support.

 

Page Number 235

Item 19        NOM14/17 Expansion of Design Excellence Provisions

 

COUNCILLOR Heyde To Move

THAT a report be prepared for Council’s consideration presenting amendments to the Hornsby Local Environmental Plan 2013 and Hornsby Development Control Plan 2013 to expand the application of the Design Excellence provisions to town houses and all residential flat buildings.

 

Page Number 236

Item 20        NOM15/17 Adjacent Over Development Affecting Hornsby Shire

 

COUNCILLOR McIntosh To Move

THAT Council:

1.       Write to the Hills Shire Council advising that Council has received a number of concerns from members of the community that the Planning Proposal for property No. 55 Coonara Avenue, West Pennant Hills would facilitate approval of a development which exceeds community expectations, place an unnecessary burden on local infrastructure and adversely impact on the natural environment.

2.       Indicate that it welcomes the opportunity to review and make a submission on the Planning Proposal when it is placed on public exhibition with accompany supporting studies in accordance any requirements of any Gateway Determination.

 

SUPPLEMENTARY AGENDA

MATTERS OF URGENCY

QUESTIONS WITHOUT NOTICE

 



 

Deputy General Manager's Report No. CS35/17

Corporate Support Division

Date of Meeting: 8/11/2017

 

1        INVESTMENTS AND BOROWINGS FOR 2017/18 - STATUS FOR PERIOD ENDED 30 SEPTEMBER 2017   

 

 

EXECUTIVE SUMMARY

·              This Report provides details of Council’s investment performance for the period ended 30 September 2017 as well as the extent of its borrowings at the end of the same period.

·              Council invests 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 September 2017 was 2.61% compared to the benchmark of 1.50%.

·              In respect of Council borrowings, the weighted average interest rate payable on outstanding loans taken out from June 2008 to date, based on the principal balances outstanding is 7.10%.

 

RECOMMENDATION

THAT the contents of Deputy General Manager’s Report No. C35/17 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 invests 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 ended 30 September 2017 is detailed in the attached document. In summary, the At-Call and Term Deposits achieved an annualised return of 2.61% for September 2017, compared to the benchmark of 1.50%.

In respect of Council borrowings, the weighted average interest rate payable on outstanding loans taken out from June 2008 to date, based on the principal balances outstanding is 7.10%. The Borrowings Schedule as at 30 September 2017 is also attached for Council’s information.

CONSULTATION

Appropriate consultation has occurred with Council's financial investment adviser in the preparation of this Report.

BUDGET

Budgeted investment income for 2017/18 is $3,500,000 with an average budgeted monthly income of $291,670. Total investment income for the period ended 30 September 2017 was $1,198,727. Approximately 38% 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 September 2017 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 and borrowings.

RESPONSIBLE OFFICER

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

 

 

 

 

 

 

Glen Magus

Chief Financial Officer - Financial Services

Corporate Support Division

 

 

 

 

Gary Bensley

Deputy General Manager - Corporate Support

Corporate Support Division

 

 

 

 

 

 

 

Attachments:

1.View

HSC Investments Holdings Report - September 2017

 

 

2.View

HSC Borrowings Schedule - September 2017

 

 

 

 

File Reference:           F2004/06987-02

Document Number:    D07288215

 


 

Deputy General Manager's Report No. CS36/17

Corporate Support Division

Date of Meeting: 8/11/2017

 

2        2016/17 AUDITED FINANCIAL STATEMENTS - PRESENTATION TO THE PUBLIC   

 

 

EXECUTIVE SUMMARY

·              In accordance with Sections 413, 415, 416 and 417 of the Local Government Act, Council must prepare and have audited its General Purpose and Special Purpose Financial Statements within four months of the end of each financial year.

·              At the 11 October 2017 General Meeting, Council received and noted the 2016/17 Financial Statements and resolved to refer them for audit. Council also delegated authority to the Acting General Manager to fix the date at which the Financial Statements and Auditor’s Report would be presented to the public.

·              Following receipt of the Auditor’s Report, the Acting General Manager determined that the Financial Statements and Auditor’s Report would be presented to the public at the 8 November 2017 General Meeting.

·              Following formal presentation of the Financial Statements and Auditor's Reports to the public at the 8 November 2017 General Meeting, members of the public, in accordance with Section 420 of the Local Government Act, have seven days, i.e. until 15 November 2017, to make written submissions about the Statements.

·              Any submissions that are received must be referred by Council to the Auditor for their response.

 

RECOMMENDATION

THAT the 2016/17 General Purpose and Special Purpose Financial Statements and associated Auditor's Report, as presented to the public on 8 November 2017, be adopted.

 


PURPOSE

The purpose of this Report is to allow Council's 2016/17 General Purpose and Special Purpose Financial Statements and associated Auditor's Reports to be presented to the public in accordance with Section 419(1) of the Local Government Act.

BACKGROUND

In accordance with Sections 413, 415, 416 and 417 of the Local Government Act, Council must prepare and have audited its General Purpose and Special Purpose Financial Statements within four months of the end of each financial year.

At the 11 October 2017 General Meeting, Council considered Deputy General Manager’s Report No. CS30/17 – General Purpose and Special Purpose Financial Reports – 2016/17 Financial Year – and resolved that:

1.         The 2016/17 General Purpose and Special Purpose Financial Reports be received and noted and referred for audit.

2.         The Mayor and Deputy Mayor be authorised to sign the Statutory Statements in connection with the 2016/17 Financial Reports.

3.         The 2016/17 Financial Reports be authorised for “presentation to the public” on receipt of the Auditor’s Report.

4.         The General Manager be delegated authority to fix the date of the General Meeting at which the 2016/17 Financial Reports and Auditor’s Report are formally “presented to the public”.

DISCUSSION

Following the 11 October 2017 General Meeting, the 2016/17 General Purpose and Special Purpose Financial Statements were signed and referred to the Audit Office of New South Wales for audit. The Audit Office have subsequently issued an Auditor’s Report and identified no significant issues which required changes to the Financial Statements.

Following receipt of the Auditor's Report, the Acting General Manager authorised, in accordance with Council’s resolution of 11 October 2017, that presentation of the Financial Statements and Auditor’s Report to the public would occur at the 8 November 2017 General Meeting.  As a result, public notices were placed in local newspapers and on Council's website in accordance with Section 418 of the Act.

Hard copies of the Financial Statements and Auditor's Report are available for viewing by members of the public at Council's Administration Centre and Branch Libraries. An electronic copy of the Financial Statements and Auditor's Reports has also been placed on Council's website at http://www.hornsby.nsw.gov.au/council/about-council/corporate-documents-and-reports/financial-statements and is available in Council’s electronic document management system (refer Trim Folder F2017/00104).

Following formal presentation of the Financial Statements and Auditor's Report to the public at the 8 November 2017 General Meeting, members of the public, in accordance with Section 420 of the Local Government Act have seven days, i.e. until 15 November 2017, to make submissions about the documents. Such submissions must be in writing and must be referred by Council to the Auditor for their response.

It is noted that Council's external auditor has indicated his availability to make a presentation about the Financial Statements, Auditor’s Report and Council's financial position at the 8 November 2017 General Meeting.

CONSULTATION

In the preparation of this Report there was consultation with Council’s External Auditor.

BUDGET

The Income Statement result for 2016/17 is a surplus before capital items and net gains from the disposal of assets of $8.720 million. This amount also includes an advanced receipt of the 2018 financial assistance grant of $2.2 million which needs to be deducted for the purposes of comparison to prior year’s results. The adjusted result for this purpose is $6.620 million.

This surplus is significantly less than the 2015/16 and 2014/15 results that were in excess of $14 million on the same basis. This reduction to prior years is a direct consequence of the NSW Government’s boundary adjustment with the City of Parramatta Council where Council has transferred net rates income of $9.1 million per annum. This is the start of a downward trend in the financial results of the Income Statement.

POLICY

There are no policy implications associated with this Report.

CONCLUSION

The presentation of the 2016/17 Financial Statements and Auditor’s Report to the public at the 8 November 2017 General Meeting will ensure that the requirements of the Local Government Act have been met and that the public have an opportunity to make any relevant submissions to Council about the documents.

RESPONSIBLE OFFICER

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

 

 

 

 

 

Glen Magus

Chief Financial Officer - Financial Services

Corporate Support Division

 

 

 

Gary Bensley

Deputy General Manager - Corporate Support

Corporate Support Division

 

 

Attachments:

There are no attachments for this report.

 

File Reference:           F2017/00104

Document Number:    D07297476


 

Deputy General Manager's Report No. CS39/17

Corporate Support Division

Date of Meeting: 8/11/2017

 

3        HORNSBY SHIRE COUNCIL ANNUAL REPORT 2016/17   

 

 

EXECUTIVE SUMMARY

·              An annual report is one of the key points of accountability between a council and its community. In this regard, NSW councils are required to prepare an annual report within five months of the end of the financial year, place the report on their website and submit the report to the Office of Local Government (OLG).

·              The Hornsby Shire Council Annual Report 2016/17 has been prepared in accordance with the requirements of the legislation (Local Government Act and Regulation) and the OLG. The Annual Report also includes information which ensures that annual reporting requirements imposed on Council by other legislation or statutory bodies are met.

·              The 2016/17 Annual Report focuses on Council’s achievements in implementation of its Delivery Program.  Council’s 2016/17 audited Financial Statements are to form part of the Annual Report once they are “presented to the public” at this 8 November 2017 General Meeting.

 

RECOMMENDATION

THAT:

1.         The Hornsby Shire Council Annual Report 2016/17, which has been made available on Council’s website, be received and noted.

2.         The Annual Report be supplemented by Council’s 2016/17 Audited Financial Statements once they are “presented to the public” at the 8 November 2017 General Meeting.

3.         The Annual Report be supplemented by Council’s ‘A Snapshot of the Hornsby Shire in 2016’ publication, as updated in August 2017.

4.         A copy of the final Annual Report 2016/17 be submitted to the Office of Local Government by 30 November 2017.

 


PURPOSE

The purpose of this Report is to present the 2016/17 Annual Report for Council’s consideration.

BACKGROUND

Section 428 of the Local Government Act requires that a council prepare an annual report within five months of the end of the financial year. The council is required to place the report on its website and submit a copy to the OLG. The annual report must contain information required by the Act and the Local Government (General) Regulation as well as the Integrated Planning and Reporting guidelines developed by the OLG in line with section 406 of the Act.

DISCUSSION

The Hornsby Shire Council Annual Report 2016/17 has been prepared in accordance with the requirements of the Local Government Act, the Local Government (General) Regulation and the OLG’s Integrated Planning and Reporting Guidelines. The Annual Report also includes information to meet requirements imposed by other legislation and statutory bodies, including information on Voluntary Planning Agreements required by the Independent Commission Against Corruption and a report on implementation of recovery plans required under the Threatened Species Conservation Act 1995. A copy of the Annual Report is held in TRIM (refer Document No. PUB000261) and is also available for viewing on Council’s website at hornsby.nsw.gov.au/council/about-council/corporate-documents-and-reports/annual-report.

The Annual Report will formally be supplemented by Council’s audited financial statements once Council has considered Deputy General Manager’s Report No. CS36/17 – 2016/17 Audited Financial Statements – Presentation to the Public (at the 8 November 2017 General Meeting).

It will also include the ‘A Snapshot of the Hornsby Shire in 2016’ publication, received and noted by Council in August 2016 (Deputy General Manager’s Report No. CS24/17), which reflects back over the first four years of the previous Council’s term and contains information on the implementation and effectiveness of Council’s community strategic plan, including environmental outcomes. Inclusion of this publication (noting that it was updated in August 2017 to reflect the extended term of the previous Council) in the Annual Report ensures that the legislative requirements for end of term reporting and reporting on the state of the environment have been met.

A copy of the final Annual Report for 2016/17, including the 2016/17 Financial Statements and the ‘Snapshot’ publication, will then be provided to the OLG by 30 November 2017.

BUDGET

There are no budgetary implications associated with this Report.

POLICY

There are no policy implications associated with this Report.

CONCLUSION

Council’s consideration of this Report will ensure that the Hornsby Shire Council Annual Report 2016/17 is submitted to the OLG in line with statutory requirements.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Manager, Strategy and Communications – Julie Williams, who can be contacted on 9847 6790.

 

 

 

 

 

 

Julie Williams

Manager - Strategy and Communications

Corporate Support Division

 

 

 

 

Gary Bensley

Deputy General Manager - Corporate Support

Corporate Support Division

 

 

 

 

 

Attachments:

There are no attachments for this report.

 

File Reference:           F2015/00473

Document Number:    D07312473

 


 

Deputy General Manager's Report No. CS40/17

Corporate Support Division

Date of Meeting: 8/11/2017

 

4        DELIVERY PROGRAM FOR 2013-17 AND OPERATIONAL PLAN (BUDGET) FOR 2017/18 - SEPTEMBER 2017 QUARTER REVIEW   

 

 

EXECUTIVE SUMMARY

·              Accountable organisations like Council review their budget and operational performance at least each quarter. In this regard, the September 2017 Quarter Review of the 2013-17 Delivery Program, including the 2017/18 Operational Plan and Budget, is attached.

·              The 2017/18 Original Budget forecast a surplus at 30 June 2018 of $78K. This September 2017 Review recommends favourable changes of $85K which improves the forecast 30 June 2018 Budget surplus to $163K.

·              Progress against the adopted Delivery Program 2013-17 and the operational performance of the organisation has been in line with the service delivery standards adopted by Council.

 

RECOMMENDATION

THAT the September 2017 Quarter Review of the 2013-17 Delivery Program and the Operational Plan (Budget) for 2017/18 be received and noted.

 


PURPOSE

The purpose of this Report is to present for Council’s consideration the September 2017 Quarter Review of the 2013-17 Delivery Program and the 2017/18 Operational Plan.

BACKGROUND

On 19 June 2013, Council adopted its four year Delivery Program 2013-17. Due to legal action by Ku-ring-gai Council opposing the NSW Government’s intention to amalgamate Hornsby and Ku-ring-gai Councils, the term of office for the former Council was extended past its original four years.  Accordingly, the Operational Plan 2017/18 will continue to operate under Your Community Plan 2013-2023 and the four year Delivery Program 2013-2017 (see Circular No. 16-50 dated 21 December 2016 from the Office of Local Government). The annual Operational Plan and Fees and Charges for 2017/18 were adopted by Council on 14 June 2017. The Delivery Program and Operational Plan set out the manner in which Council intends to deliver services and measure performance.

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

DISCUSSION

Operational Comment

Operational performance for the first quarter of 2017/18 has been satisfactory. Highlights achieved during the quarter included the reopening of Galston Aquatic and Leisure Centre in September after a full internal pool renovation, upgrade to change rooms and resurfacing of the concourse; and the delivery of a litter prevention education campaign in Pennant Hills. Other highlights are included in Attachment 1.

Budget Comment

This Review includes the first quarter results for 2017/18, comparing actual expenditure and income for the first quarter against the Budget. The Net Operating and Capital Result after internal funding movements showed a positive variance of $3.714 million. This positive variance is largely the result of timing differences associated with project related work and the initial phasing of the 2017/18 Budget.

The 2017/18 Original Budget forecast a surplus at 30 June 2018 of $78K. As this Review recommends favourable net budget changes of $85K, the forecast budget surplus at 30 June 2018 has been improved to $163K. The recommended budget change is largely the result of net revenue from the lease of digital signs. The predicted Budget result at 30 June 2018 is satisfactory in maintaining Council’s existing liquidity levels.

BUDGET

This Report provides the September 2017 Quarter Review of the 2017/18 Operational Plan (Budget), which, if adopted, will amend the original budget forecast surplus at 30 June 2018 to $163K

POLICY

There are no policy implications associated with this Report.

CONCLUSION

Council’s consideration of this Report ensures that relevant statutory requirements have been met. The September 2017 Quarter Review demonstrates that Council remains in a strong position to deliver local services and facilities in a financially responsible manner.

RESPONSIBLE OFFICER

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

 

 

 

 

 

 

Gary Bensley

Deputy General Manager - Corporate Support

Corporate Support Division

 

 

 

 

Stephen Fedorow

Acting General Manager

General Manager Division

 

 

Attachments:

1.View

Quarterly Review - September 2017

 

 

2.View

30 September 2017 QBRS

 

 

 

 

File Reference:           F2016/00368

Document Number:    D07315540

   


 

Group Manager's Report No. PL53/17

Planning Division

Date of Meeting: 8/11/2017

 

5        DEVELOPMENT APPLICATION - CONSTRUCTION OF A MAINTENANCE BUILDING ANCILLARY TO AN EXISTING EDUCATIONAL ESTABLISHMENT - 28, 28A AND 30 UNWIN ROAD, WAHROONGA   

 

 

EXECUTIVE SUMMARY

DA No:

DA/321/2017 (Lodged on 6 April 2017)

Description:

Demolition of existing structures on Lot 2 and construction of a maintenance building for use in conjunction with an existing educational establishment.

Property:

Lot 1 DP 528800, Lot 2 DP 528800 and Lot 3 DP 564798, Nos. 28, 28A and 30 Unwin Road, Wahroonga

Applicant:

The Council of Barker College

Owner:

Barker College

Estimated Value:

$3,467,350

Ward:

B

 

·              The application involves the construction of a new maintenance building for use in conjunction with an existing educational establishment.

·              The proposal generally complies with the Hornsby Local Environmental Plan 2013 and the Hornsby Development Control Plan 2013.

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

·              It is recommended that the application be approved as a deferred commencement consent requiring registration and creation of an easement for drainage over downstream properties.

 

RECOMMENDATION

THAT Development Application No. DA/321/2017 for construction of a new maintenance building for use in conjunction with an existing educational establishment at Lot 1 DP 528800, Lot 2 DP 528800 and Lot 3 DP 564798, Nos. 28, 28A and 30 Unwin Road, Wahroonga 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. PL53/17.


 

BACKGROUND

On 24 August 2017, a Complying Development Certificate (CD/857/2017) was issued for the demolition of the existing dwelling and attached carport on No. 28A Unwin Road Wahroonga.

The site comprising Nos. 28, 28A and 30 Unwin Road, Wahroonga was previously used for residential purposes.

SITE

The site comprises 3 allotments and covers an area of approximately 3,741m2. The site has a frontage of 27.795m to Unwin Road and the existing access handle driveway serving Lots 2 and 3 has a combined width of 6.1m.

The subject site forms part of the larger land holdings of Barker College which has existing facilities immediately to the north comprising a car park, preparatory school and administration facilities. The main school campus comprising school buildings, sports grounds and existing maintenance facilities are located further north on the other side of Clarke Road.

Development on the site comprised predominantly single storey dwellings on each of the allotments. Demolition works have commenced in accordance with the issued Complying Development Certificate (CD/857/2017). Residential development is located to the south, east and west of the site.

PROPOSAL

The application proposes the following works:

·              Demolition of the existing dwelling on Lot 2 (No. 28A Unwin Road)

·              Retention of the existing dwellings on Lots 1 and 3 (Nos. 28 and 30 Unwin Road)

·              Construction of a 2 storey building to be connected to the existing dwelling on No. 28. The building will be used for school storage, wash bay, print facilities and offices

·              Provision of a new compactor unit

·              Landscaping works

·              Stormwater management works

The storage areas will be used for grounds and maintenance works at the school, primarily for maintenance equipment and materials and will replace the existing facilities located within the main campus that will be demolished as part of the works proposed for the new sports hall in DA/275/2017 currently under assessment.

The new buildings are to be constructed of pre-finished wall panels, metal wall sheeting and pre-finished metal roof sheeting. The print room level will be clad in selected pre-finished wall panels and weatherboard cladding.

After lodgement of the application, the applicant obtained a Complying Development Certificate (CD/857/2017) for the demolition of the existing dwelling and attached carport on Lot 2 (No. 28A Unwin Road) and demolition works are currently being undertaken.

ASSESSMENT

The development application has been assessed having regard to ‘A Plan for Growing Sydney’, the ‘Draft North District Plan’ 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 District Plan

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 and actions for accommodating Sydney’s future population growth and identifies dwelling targets to ensure supply meets demand. 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, Mosman, North Sydney, Ryde, Northern Beaches and Willoughby to form the North District. The Greater Sydney Commission has realised the draft North District Plan which includes priorities and actions for the Northern District for the next 20 years. The identified challenge for Hornsby Shire will be to provide an additional 4,350 dwellings by 2021 with further strategic supply targets to be identified to deliver 97,000 additional dwellings in the North District by 2036.

The proposed development would be consistent with ‘A Plan for Growing Sydney’ and ‘Draft North District Plan’, by facilitating the provision of additional educational services to support a growing population.

2.         STATUTORY CONTROLS

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

2.1        Hornsby Local Environmental Plan 2013

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

2.1.1     Zoning of Land and Permissibility

The subject land is zoned R2 Low Density Residential under the HLEP. The objectives of the R2 zone are:

·              To provide for the housing needs of the community within a low density residential environment.

·              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 ancillary to an ‘educational establishment’ under the HLEP and is permissible in the zone with Council’s consent. The proposed development would provide for ancillary facilities for the current and future college population, thereby providing an educational service to meet the day to day needs of the local residents and the school community. Therefore, the proposal is consistent with the objectives of the zone.

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 building height for the subject site is 8.5 metres. The height of the proposed building would be 8.5m, which complies with the maximum height provision.

2.1.3     Heritage Conservation

Clause 5.10 of the HLEP sets out heritage conservation provisions for Hornsby Shire. The property is within the vicinity of properties No. 1A Clarke Road (house) and Nos. 27-31 Clarke Road, Waitara (house and garden) which are listed as heritage items of local significance under the provisions of Schedule 5 Part 1 (Heritage items) of the HLEP. The property is also within the vicinity of the Barker College Heritage Conservation Area listed under the provisions of Schedule 5 Part 2 (Heritage conservation areas) of the HLEP.

The proposal is separated from the heritage listed property at Nos. 27-31 Clarke Road by existing residential development fronting Marillian Avenue and located a sufficient distance from the heritage item at No. 1A Clarke Road that the proposal would not have an adverse impact upon the significance of these properties. Furthermore, the proposal is separated from the adjacent Barker College Heritage Conservation Area by the existing Prep School and adjoining residential development fronting Clarke Road. Accordingly, no objection is raised to the proposal on heritage grounds.

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.

A geotechnical investigation was prepared JK Geotechnics, dated March 2017. The investigation makes a number of recommendations to be implemented during the construction phase of the development with respect to excavation (including dilapidation surveys, excavation techniques and vibrations and drainage); excavation support; earthworks (including site drainage, site preparation, subgrade preparation and engineered fill); retaining wall design parameters; footings; durability; on-grade floor slabs; external pavements and additional geotechnical input works.

A condition has been recommended for the development to be carried out in accordance with the comments and recommendations in Sections 4 and 5 of the geotechnical report. Further conditions are recommended for excavated material to be disposed of at a licenced facility and for all fill that is to be imported to the site to consist of Virgin Excavated Natural Material (VENM).

The proposal is assessed as satisfactory with regards to Clause 6.2 of the HLEP subject to conditions.

2.2        State Environmental Planning Policy No.  44 – Koala Habitat Protection

The proposal has been assessed against the provisions of State Environmental Planning Policy No. 44 Koala Habitat Protection (SEPP44) which aims to encourage the proper conservation and management of areas of natural vegetation that provide habitat for koalas.

The application includes an Arboricultural Impact Assessment (AIA) prepared by ArborSafe. The report does not identify the presence of any koala feed trees listed under Schedule 2 of the Policy. Council’s tree assessment concurs with the submitted AIA that the site is not considered a ‘potential koala habitat’ and no further investigations are required for the purpose of SEPP44.

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

Under the provisions of Clause 7 of State Environmental Planning Policy No.55 Remediation of Land (SEPP55), a consent authority must not consent to the carrying out of any development on land unless it has considered whether the land is contaminated or requires remediation for the proposed use.

Historical information and an inspection of the site and surrounding areas indicate that the site has been used for residential housing and school purposes and no further investigations are required for the purpose of SEPP55.

2.4        State Environmental Planning Policy No.  (Infrastructure) 2007

The application has been assessed against the requirements of State Environmental Planning Policy (Infrastructure) 2007 (SEPP Infrastructure). This Policy provides State-wide planning controls for development adjoining busy roads and rail corridors and at the time of lodgement of the development application included controls for development for the purpose of an educational establishment.

Part 3 Division 3 Educational establishments was subsequently repealed when State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017 was gazetted and SEPP Infrastructure did not provide for any savings provisions. Notwithstanding, the proposed development did not satisfy the criteria for exempt nor complying development and further assessment is not required.

As the site is not located along a rail corridor or on classified road, Part 3 Divisions 15 and 17 are not applicable and further assessment is not required.

2.5        State Environmental Planning Policy (Educational Establishments and Childcare Facilities) 2017

Schedule 5 Savings and transitional provisions of State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017 states that this Policy does not apply to or in respect of the determination of a development application made under Part 4 of the Act, but not finally determined before the commencement of this Policy. The application was lodged on 6 April 2017 and the SEPP was gazetted on 30 August 2017.

Whilst the proposal was not lodged as a complying development, an assessment against the complying development standards for educational establishments has been undertaken as a guideline for the assessment of the proposal. The following table sets out the proposal’s compliance with these standards.

SEPP (Educational Establishments and Childcare Facilities) 2017 - Schedule 2

Control

Proposal

Requirement

Compliance

Height

8.5m

max. 22m

Yes

No. of storeys

2 storeys

max. 4 storeys

Yes

Setbacks (building height less than or equal to 12m)

Front Setback

9m

Av. of existing within 70m

Yes

Side Setback (north)

Nil

5m

No

Side Setback (south)

7m-10m

5m

Yes

Rear Setback

unchanged

5m

Yes

Landscape

2m wide

Min. 3m wide

No

 

As detailed in the above table, the proposed development does not comply with all of the complying standards of the SEPP.

Notwithstanding, the building proposed is lower in height and number of storeys than what would be permitted under the SEPP providing a better planning outcome for the development.

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

The site is located within the catchment of the Hawkesbury Nepean River. Part 2 of this Plan contains general planning considerations and strategies requiring Council to consider the impacts of development on water quality, aquaculture, recreation and tourism.

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

2.7        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.

2.8        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 Area

3,741m2

N/A

N/A

Height

8.5m

max. 8.5m

Yes

Floor Area

1,498m2

N/A

N/A

Site Cover

<30%

30%

Yes

Setbacks

 

 

 

Front Setback

9m

6m

Yes

Side Setback (north)

Nil

1m

No

Side Setback (south)

7m-10m

1m

Yes

Rear Setback

unchanged

5m

Yes

Landscape Area (% site)

 

 

 

Development Site (3 lots)

19%

min. 45%

No

Consolidated Site

>45%

min. 45%

Yes

Parking

4 spaces

1 motorbike space

Parking Study

Yes

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

2.8.1     Design

The proposed Services Facility buildings would be located to south of the existing Preparatory School site building. The buildings are proposed to house the relocated maintenance facilities functions of the school currently located at the corner of Unwin Road and The Avenue in the centre of the main campus.  The applicant has provided the following information with respect to the floor area and building footprint of the existing facilities in comparison to the development proposed:

·          

·          

Comparison of the Existing Operation with Proposed Operation

 

Use

Existing Floor Area

Proposed Floor Area

Materials storage

Delivery point for the school includes racking for:

·           School materials and equipment

·           Furniture

·           Stationary

·           Electrical

·           Maintenance and school materials – timber, sheet materials

·           Bottled water

·           Cleaning equipment and products

145m2

192m2

Vehicles

 

145m2

Included in storage for ground staff & garden staff

BCPA storage

Parent Association storage comprising:

·           Banners

·           Light event equipment

·           Spring Fair material

·           Tents and shelters

·           Tables and chairs

·           BBQs

140m2

195m2

Workshop

·           Work benches and work spaces

·           Machinery and equipment

·           Racking

·           Hardware stock

·           Tools

·           storage

165m2

190m2

Print rooms

·           printers

·           stationary

·           storage

·           offices

145m2

292m2

Ground staff

·           mowers

·           tractors

·           specialised machinery

·           tools

·           work benches and work spaces

·           storage

110m2

121m2

Gardens staff

·           work benches and work spaces

·           vehicles

·           trailers

·           buggies and charges

·           storage

55m2

62m2

Loading

·           forklift

·           palettes

60m2

 

Washdown

·           specialised equipment for cleaning of vehicles, etc

·           compressor

·           water holding tanks

·           separating unit

100m2

117m2

Waste compactus

Replaces existing bins

·           loading bay

·           compactor

60m2

55m2

Uniform/ equipment store

·           uniforms

·           school equipment

 

 

- ground

145m2

145m2

- first

72m2

72m2

Covered outdoor area

·           Break out space for staff during breaks

11m2

57m2

Total Floor area

 

1353m2

1498m2

Total Building footprint

 

1281m2

940m2

 

The proposed development complies with the maximum 8.5m building height requirement and the building would have a low pitched roof. The facades of the proposed building have been amended to include metal and weatherboard cladding with clear glass high level windows. The new facility would provide a more efficient and compact footprint and has been located to minimise its impact upon the streetscape by retaining the existing dwelling at the Unwin Road frontage.

It is considered that the proposal complements the existing residential buildings to be retained onsite for use as offices. The proposed development would not have a detrimental impact upon the adjoining residences and the existing streetscape of Unwin Road.

The proposal satisfies the building design requirements of the HDCP.

2.8.2     Setbacks

The proposed development complies with the setback requirements of the HDCP with the exception of the northern side boundary where the building has a nil setback to the adjoining car park within the preparatory school.

Barker College currently has an application lodged with Land and Property Information to consolidate the subject development site with the adjoining lots to the north that contain the existing Preparatory School and ancillary school buildings. Once the site is consolidated, the side setback non-compliance would not apply.

The setbacks proposed would be compatible with adjacent residential development and the plans have been amended to include a 2m wide landscaped strip along the southern boundary.

It is considered that the proposed buildings satisfy the ‘Setbacks’ requirement stipulated under the HDCP.

2.8.3     Landscaping

The HDCP requires a minimum of 45% of the site to be landscaped. Due to the hardstand area required for vehicular access to the new buildings, the existing 3 lots would not comply with the minimum 45% landscaping requirement, with approximately 19% of the site landscaped. Upon consolidation of the development site with the adjoining Preparatory School site, the proposed development would exceed the minimum required landscape area.

A revised landscape plan has been submitted providing a minimum 2m wide landscape strip adjacent to the southern boundary adjoining the residential development. This enables increased landscaping and screen hedge planting to be provided within the side setback. It is considered that the increased landscape plantings would be appropriate to sufficiently screen and reduce the impacts of the maintenance shed from the adjoining residential development and improve the visual amenity when viewed from the street.

The proposed landscaping has been designed to fit with the design of the buildings and is considered acceptable.

2.8.4     Privacy and Security and Sunlight

The proposed development is located adjacent to existing school grounds and is set well back from private residential boundaries. The proposed works include the erection of a 2.7m high acoustic fence along the southern boundary in accordance with the requirements of the noise impact assessment undertaken.

The closest residential properties are the existing dwellings located adjacent to the southern side boundary. The shadow diagrams indicate the shadows cast by the proposed buildings would fall predominantly within the development site. In addition, the proposed development would have no adverse impact on the privacy of adjoining residential properties given the acoustic barrier requirements and landscape planting.

The proposed development has been designed to minimise crime in accordance with Crime Prevention through Environmental Design (CPTED) principles by way of clear sightlines, windows that overlook the street, suitable pedestrian access for the users of the school faciluty and clearly defined building entry from Clarke Road and vehicular access.

The proposed development would meet the HDCP desired outcome for privacy, security and sunlight.

2.8.5     Vehicular Access and Parking

The proposed development was supported by a Traffic and Parking Impacts Report (TPIR) prepared by TEF Consulting. The TPIR states that there will be 4 parking spaces provided on site, together with parking being available at the adjacent Preparatory Site to the north.

The proposed car park will have vehicular access from Unwin Road via a combined 7.4m wide entry/exit driveway.

A Preparatory School Parking Accumulation Survey carried out in 2016 showed that maximum parking accumulation was 39 vehicles for 1 hour on a Friday morning. The peak of 34 vehicles observed in the afternoon was considered to be a more accurate representation of peak parking accumulation. The Preparatory School has a 45 vehicle capacity car park.

Council’s traffic assessment concluded that parking would not be an issue with the proposed relocation of the Services Facilities building given that the Preparatory School has a 45 vehicle capacity car park which is underutilised and would provide additional off-street parking for the services facilities buildings. Furthermore, the relocation of the existing facilities would not generate any additional trips and therefore, traffic generation is not considered to be an issue.

The HDCP has a requirement for motorcycle parking at the rate of 1 space per 50 car parking spaces, or part thereof, giving a requirement for 1 motorcycle space. One motorcycle parking space has been provided and is shown on the drawings.

The proposal satisfies the HDCP requirements of access and parking.

2.8.6     Waste Management

The proposal includes a waste compactus area that will handle all waste from Barker Colle which will be internally collected by staff on site as per current arrangements. The waste will be sorted on site and waste from the compactus will be removed by external contractors 2-3 times per month.

The development has been appropriately designed to ensure sufficient bin storage areas and access by waste collection vehicles. The bin storage area is large enough for the required number of bins.

Council’s waste assessment raised no objections to the proposed method of waste management subject to the recommended conditions in Schedule 1.

2.9        Section 94A Contributions Plans

Hornsby Shire Council Section 94A Contributions Plan 2014 - 2024 applies to the development as the estimated costs of works is greater than $100,000. Should the application be approved, an appropriate condition of consent is recommended requiring the payment of a contribution in accordance with the Plan.

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 Arboricultural Impact Assessment prepared by ArborSafe identifies 21 trees within the site that may be impacted by the construction of the proposed buildings. The proposed development would necessitate the removal of 14 trees from the site. One of the trees proposed to be removed satisfies Council’s criteria for being an ‘Individually Significant Tree’ and the submitted Arboricultural Impact Assessment recommends tree planting to offset trees removed be undertaken elsewhere within the Barker College site to compensate for canopy and amenity loss.

Council’s tree assessment notes that whilst there is scope for replacement planting of 2 trees within the front setback of No. 28 Unwin Road, existing and proposed development within the greater Barker College site precludes the provision of additional tree planting due to building locations and the use of open space for recreational purposes by school students.

Seven trees are proposed to be retained and will require specific tree protection measures to facilitate their retention. Council’s assessment considers that these trees can be successfully retained through the use of sensitive methods of construction as prescribed in AS4970-2009 and the HDCP.

Overall, it is considered that the removal of the trees is acceptable in the circumstances of the case as a redesign of the buildings would result in the existing dwelling fronting Unwin Road being demolished and the development being relocated towards the street which would be incompatible with the residential streetscape of the locality and reduce replacement tree planting options within the front setback.

Schedule 1 includes a condition requiring the planting of 2 replacement trees within the front setback.

3.1.2     Stormwater Management

The applicant provided a Stormwater Concept Plan and Water Sensitive Urban Design Report prepared by ACOR Consultants dated April 2017. The Report demonstrates the intended drainage system for the proposed development, including the location, level and volume of the On-Site Detention System (OSD).

The Water Sensitive Urban Design Report indicates that upstream catchment and new development catchment areas would be directed to the rainwater reuse storage tanks. To improve the quality of the water stored for reuse and any overflow out to Council’s stormwater system, the proposal involves treatment of the rainwater runoff to reduce the possibility of pollutants entering the stormwater system.

Councils engineering assessment raises no issues regarding stormwater management, subject to the recommended conditions of consent which include a deferred commencement condition for the registration and creation of an easement to drain water from the site over 5 downstream properties comprising Lot 4 DP 236907, No 30A Unwin Road; Lot 5 DP 236907, No. 32 Unwin Road; Lot 6 DP 236907, No. 32A Unwin Road; Lot 7 DP 236907, No. 34 Unwin Road and Lot 8 DP 236907, No. 34A Unwin Road.

3.2        Built Environment

3.2.1     Built Form

A submission was received raising concerns with respect to the built form of the development.

The proposed buildings would be adequately separated from the adjoining residential properties. The design of the proposed development has been amended to include fenestration and façade treatment to be compatible with the surrounding residential development.

The proposed development relates to the site constraints and is acceptable with respect to the built environment.

3.2.2     Traffic

A traffic and parking assessment prepared by TEF Consulting has been submitted with the proposal.  The report states that Barker College is pursuing a number of other development proposals at present. These proposals are listed below:

·              New Preparatory School and expansion of the existing Junior School (DA/1194/2016 approved 13 July 2017).

·              Relocation of the existing service facilities (grounds and maintenance buildings and print room, from The Avenue to new site on Unwin Road (subject application).

·              Construction of a three storey sports hall comprising indoor netball/basketball courts, classrooms, fitness centre and function room and basement parking for 185 vehicles on the southern side of The Avenue. (DA/275/2017 lodged 27 March 2017)

The above proposals would result in changes in both trip generation and distribution on the road network. It is prudent to consider the cumulative effects of all proposals. The traffic consultant has developed a model which takes into account all of the above proposed developments.

The model uses all new and redistributed trips resulting from each proposal, combined in a single SIDRA Network model. The new and redistributed trips were overlaid on the base model for the existing conditions. The base model was developed following specifications set out by RMS and Hornsby Council. The results of modelling indicate that whilst there will be increase in average delays and queueing, these changes will be minor to moderate.

Council’s engineering assessment of the traffic impacts of the development concludes that the proposed development is acceptable subject to conditions.

3.2.3     Acoustics

A submission was received raising concerns with respect to noise impacts during the development stage.

An Environmental Noise Impact Assessment (ENIA) prepared by Renzo Tonin & Associates, dated 31 March 2017 was submitted with the application. ENIA notes that the hours of operation for Grounds and Maintenance is generally between 6am and 3pm Monday to Saturdays with 6 to 8 deliveries each day by small vehicles.  The proposed compactor unit will be used once per day.

Whilst it is recognised that there would be some increase in noise associated with an increase in development on the site, it is considered that the noise increase would not be significant. Noise restrictions are set out in the Protection of the Environment Operations Act 1997 and noise generated by the development could be reasonably managed on site. The proposed buildings are set well back from the private residential boundaries and are located adjacent to established school grounds.

The ENIA includes recommendations for a 2.7m high acoustic barrier on the southern elevation adjoining the existing residential development and limits on the use of equipment and operations within the proposed buildings to occur only between 7am and 6pm, Monday to Saturday.

The application proposed the hours of operation to be 6am to 3pm Monday to Saturday.  Given the location of the site adjoining residential development in conjunction with the recommendations of the ENIA to restrict the use prior to 7am, Schedule 1 incudes a condition restricting the hours of operation to the following:

·              Monday to Friday                            7 am to 4 pm

·              Saturday                                7 am to 3 pm

·              Sunday & Public Holidays      No work; and

·              All deliveries must occur between 7 am and 3 pm Monday to Friday only.

Schedule 1 also includes a condition that all works on site, including demolition and earth works, must only occur between 7am and 5pm Monday to Saturday, with no work to be undertaken on Sundays or public holidays.

The proposal is considered satisfactory with respect to potential acoustic impacts subject to conditions.

3.2.4     Social Impacts

The proposed development would have a positive social impact upon the locality by facilitating educational use.

3.3        Economic Impacts

The proposal would have a positive economic impact on the locality in terms of employment generation during the construction phase of the development

4.         SITE SUITABILITY

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

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

5.         PUBLIC PARTICIPATION

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

5.1        Community Consultation

The proposed development was placed on public exhibition and was notified to adjoining and nearby landowners between 20 April 2017 and 4 May 2017 in accordance with the Notification and Exhibition requirements of the HDCP. During this period, Council received 2 submissions. The map below illustrates the location of those nearby landowners who made a submission that are in close proximity to the development site.

NOTIFICATION PLAN

     PROPERTIES NOTIFIED

 

X      SUBMISSIONS

         RECEIVED

 

          PROPERTY SUBJECT OF DEVELOPMENT

 

One submission objects to the development, generally on the grounds that the development would result in:

·              Development that is excessive in bulk and scale - the built form is incongruous with the surrounding residential development.

One submission is neutral to the development and requests the following to minimise the disruption to their day-to-day living:

·              A higher fence to block noise and dust from trucks/buses coming into the wash bay or storage area.

·              During development stage, noise be minimised before 8am and after 6pm, as there are elderly people living in the house.

The merits of the matters raised in community submissions have been addressed in the body of this report. Schedule 1 includes conditions for construction work hours (condition No. 30); acoustic treatment (condition No. 49) and hours of operation (condition No. 64).

5.2        Public Agencies

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

6.         THE PUBLIC INTEREST

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

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

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

CONCLUSION

The application involves demolition of an existing dwelling and construction of a maintenance building ancillary to an existing educational establishment.

The proposal has been assessed against the heads of consideration in Section 79C of the Environmental Planning and Assessment Act 1979. It is considered that the proposed development would not result in any unreasonable impacts and is suitable for the site.

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

Floor Plans

 

 

3.View

Shadow Diagram

 

 

4.View

Elevations and Sections

 

 

5.View

Perspectives

 

 

6.View

Site Plan

 

 

 

 

File Reference:           DA/321/2017

Document Number:    D07276780

 


SCHEDULE 1

GENERAL CONDITIONS

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

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

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

1.         Deferred Commencement

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

a)         The registration and creation of an easement to drain water from the site over downstream properties being Lot 4 DP 236907, Lot 5 DP 236907, Lot 6 DP 236907, Lot 7 DP 236907 and Lot 8 DP 236907.

Such information must be submitted within 36 months of the date of this notice.

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

21627.01/A

Site Plan

Priestleys architects

30 March 2017

21627.02/C

Ground Floor Plan

Priestleys architects

7 September 2017

21627.03/A

First Floor Plan

Priestleys architects

30 March 2017

21627.04/B

Elevations 1

Priestleys architects

28 August 2017

21627.05/B

Elevations 2

Priestleys architects

28 August 2017

21627.06/A

Sections

Priestleys architects

30 March 2017

21627.07/A

Storage Shed Floor Plans

Priestleys architects

30 March 2017

C3.01 Issue B

Erosion & Sediment Control Plan

ACOR

31 March 2017

C1.06 Issue B

Details Sheet 2

ACOR

31 March 2017

H1.00 Issue DA01

Hydraulic Services Ground Floor Trade Waste Drainage Plan

ACOR

8 June 2017

 

Document Title

Prepared by

Dated

Traffic and Parking Impact Report No. 17004 01

TEF Consulting

23 March 2017

Arboricultural Impact Assessment

Arborsafe

30 March 2017

Environmental Noise Impact Assessment Ref: TJ574-01F01

Renzo Tonin & Associates

31 March 2017

Geotechnical Investigation Report Ref: 30175ZHrpt

JK Geotechnics

31 March 2017

BCA Assessment Report Ref: 107932-BCA-r2

BCA Logic

31 March 2017

Stormwater Management Report Rev B

ACOR Consultants

April 2017

Waste Management Plan

Barker College

6 April 2017

3.         Amendment of Plans

a)         The approved plans are to be amended as follows:

i)          Plan No. 21627.01/A Site Plan, prepared by Priestleys architects, dated 30 March 2017, is to be amended to show the increased landscape area along the southern boundary detailed in approved Plan No. Plan No. 21627.02/C Ground Floor Plan, prepared by Priestleys architects dated 7 September 2017.

b)         These amended plans must be submitted with the application for the Construction Certificate.

4.         Appointment of a Project Arborist

A project arborist with AQF Level 5 qualifications must be appointed to provide monitoring and certification throughout the construction period.

Details of the appointed project arborist must be submitted to Council and the PCA for registration with the application for the construction certificate.

5.         Removal of Trees

This development consent permits the removal of trees numbered 795-808 as identified in the Arboricultural Impact Assessment submitted by Arborsafe dated 30/7/2017 (D07191510).

Note:  The removal of any other trees from the site requires separate approval by Council in accordance with Part 1B.6 Tree and Vegetation Preservation of the Hornsby Development Control Plan, 2013 (HDCP).

6.         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)         A separate Construction Certificate must be obtained from Council for all works within the public road reserve under S138 of the Roads Act.

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

7.         Section 94A Development Contributions

a)         In accordance with Section 80A(1) of the Environmental Planning and Assessment Act, 1979 and the Hornsby Shire Council Section 94A Development Contributions Plan 2014-2024, $34,673.50 must be paid to Council to cater for the increased demand for community infrastructure resulting from the development, based on development costs of $3,467,350.

b)         The value of this contribution is current as at 12 September 2017. If this contribution is not paid within the financial quarter that this condition was generated, the contribution 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 must 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.

Note: 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 S94A 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

8.         Building Code of Australia

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

9.         Utility Services

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

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

10.        Sydney Water – Approval

This application must be submitted to Sydney Water for approval to determine whether the development would affect any Sydney Water infrastructure, and whether further requirements are to be met.

Note:  Building plan approvals can be obtained online via Sydney Water Tap inTM through www.sydneywater.com.au under the Building and Development tab.

11.        Dilapidation Report

To record the structural condition of all properties adjoining the approved development, a dilapidation report must be prepared by a suitably qualified structural engineer for inclusion with the application of the Construction Certificate.

12.        Geotechnical Requirements

The development must be carried out in accordance with the recommendations provided in Sections 4 and 5 of the submitted Geotechnical Investigation Report Ref: 30175ZHrpt, prepared by JK Geotechnics dated 31 March 2017. Details are to be provided to the Principal Certifying Authority with the application for a Construction Certificate.

13.        Identification of Survey Marks

A registered surveyor must identify all survey marks in the vicinity of the proposed development. Any survey marks required to be removed or displaced as a result of the proposed development shall be undertaken by a registered surveyor in accordance with Section 24 (1) of the Surveying and Spatial Information Act 2002 and following the Surveyor General’s Directions No.11 – "Preservation of Survey Infrastructure".

14.        Stormwater Drainage

The stormwater drainage system for the development must be designed for an average recurrence interval (ARI) of 20 years and be gravity drained via an on-site detention and water quality treatment facility in accordance with the following requirements:

a)         Connected directly to a Council’s piped system through downstream property/ties.

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

c)         An application for approval to Connect stormwater to Council’s system is to be submitted.

15.        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) storms and a maximum discharge (when full) limited to 5 years pre development rate.

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

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

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

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

f)          An overflow/escape path shall be incorporated in the design.

16.        Water Quality

a)         Stormwater discharging from the development site is to be treated to achieve the quality specified in Council’s Development Control Plan 2012 (table 1C.1.2(b) Urban Stormwater Quality Targets) or utilise one of the deemed to comply solutions. MUSIC model and Hornsby Shire Council Music- link report are to be submitted for Council’s endorsement prior to issue of a construction certificate Council’s parameters are to be used in the model.

b)         Prior to occupation of the premises, 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.

17.        Vehicular Crossing

A separate application under the Local Government Act 1993 and the Roads Act 1993 must be submitted to Council for the installation/extension of a new/existing 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)         Design levels at the front boundary must be obtained from Council for the design on the internal driveway;

b)         Any redundant crossings must be replaced with integral kerb and gutter;

c)         The footway area must be restored by turfing;

d)         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.

18.        Internal Driveway/Vehicular Areas

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

a)         Design levels at the front boundary shall be obtained from Council if a private accredited certifier is engaged to obtain a construction certificate for these works.

b)         The driveway be a rigid pavement.

c)         Conduit for utility services including electricity, water, gas and telephone be provided. All existing overhead assets including electricity and telecommunications cabling shall be relocated underground at no cost to Council. A certificate from an appropriately licensed contractor shall be submitted to the principal certifying authority certifying that the service conduits have been installed in accordance with the relevant utility provider and Australian Standards.

d)         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. 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.

19.        Traffic Control Plan

A Traffic Control Plan (TCP) must be prepared by a qualified traffic controller in accordance with the Roads & Traffic Authority’s Traffic Control at Worksites Manual 1998 and Australian Standard 1742.3 for all work on a public road. 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; and

f)          Pedestrian and cyclist access/safety.

20.        Construction Management Plan (CMP)

To assist in the protection of the public, the environment and Council’s assets, a separate Construction Management Plan is to be prepared by a suitably qualified environmental consultant in consultation with a qualified traffic engineer, is to be submitted to Council’s Compliance Team for approval to be used by workers and Council as on-site reference during demolition, excavation and construction works, according to the following requirements:

a)         The CMP will detail the contact information for all development phases for developers, builder, site foremen, private certifier, environmental management consultant and any emergency details.

b)         The plan will include a Construction Traffic Management Plan (CTMP) which will include information detailing the following:-

i)          Truck movements to and from the site, including the routes used, swept path diagrams entering and exiting the site and implemented traffic control;

ii)          Site plan showing site sheds, concrete pump location and crane location;

iii)         The requirement for Work Zones, Road Openings, Road Closures, Crane Permits and Road Occupancy licenses;

iv)         Safe pedestrian management details including during local school and commuter hours where the footpath is heavily frequented.

c)         The plan will include Construction Waste Management information detailing the following:-

i)          Details on the requirement for importation or excavation of soil and fill including the waste classification of the fill, disposal methods and locations of authorised disposal depots that will be used for the fill;

ii)          Asbestos Information must be included on the requirement and procedures for removal and disposal from the site in accordance with Australian Standard: 2601–2001 – ‘The Demolition of Structures’, and the Protection of the Environment Operations (Waste) Regulation 2005;

iii)         General construction waste details including construction waste skip bin locations and litter management for workers.

d)         Information to be prepared on the management of stormwater disposal from any detention basin or trapped within the site throughout all development phases in accordance with the ANZECC Guidelines trigger values for the area.

e)         Sediment and Erosion control details including the procedures during rainfall events and site plans included within the Appendices, all in accordance with the ‘Soils and Construction 2004 (Bluebook)’ and consistent to other development application approved environmental plans.

f)          Information on air quality management on site, including but not limited to dust suppression measure throughout demolition and construction.

g)         Details on the general operating procedures to manage environmental risk throughout all stages of works on the site;

h)         To ensure the quality of Council’s footpath is maintained throughout the development, mitigation measures and information is to be included on procedures that will be implemented to keep the footpath clear and free of trip hazards and obstructions.

i)          Information and details to be included on the requirement of a ‘Hoarding Permit’ for the use of Council’s verge at any stage during the development period, a plan showing the location and details of the hoarding are to be included in the Appendices.

j)          Details on the requirement for any ‘Out of Hours’ permits during the development in cases such as concrete pours including the frequency and reasoning for the applications.

k)         Noise and vibration control information to address any noise nuisances such as rock sawing or breaking, the mitigation methods implemented and how complaints will be managed or prevented.

21.        Waste Management Plan

The following waste management requirements must be complied with:

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

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

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

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

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

22.        Certification of Traffic Engineer

Prior to the issue of a Construction Certificate, a Certificate from an appropriate qualified Traffic Engineer is to be submitted to the Principal Certifying Authority (PCA) certifying that the parking modules, loading areas and garbage collection areas comply with AS 2890.1, AS 2890.2 and the approved Development Consent plans and conditions.

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

23.        Erection of Construction Sign

a)         A sign must be erected in a prominent position on any site on which any approved work is being carried out:

i)          Showing the name, address and telephone number of the principal certifying authority for the work;

ii)          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

iii)         Stating that unauthorised entry to the work site is prohibited.

b)         The sign is to be maintained while the approved work is being carried out and must be removed when the work has been completed.

24.        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; and/or

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.

25.        Toilet Facilities

a)         To provide a safe and hygienic workplace, toilet facilities must be available or be installed 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.

b)         Each toilet must:

i)          be a standard flushing toilet connected to a public sewer; or

ii)          be a temporary chemical closet approved under the Local Government Act 1993; or

iii)         have an on-site effluent disposal system approved under the Local Government Act 1993.

26.        Erosion and Sediment Control

To protect the water quality of the downstream environment, 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.

27.        Installation of Tree Protection

a)         All tree protection fencing for the trees to be retained must have the protection measures for the ground, trunk and canopy installed in accordance with the relevant requirements of Australian Standard AS 4970-2009 - “Protection of Trees on Development Sites”.

b)         All tree protection fencing for the trees to be retained must be erected around trees numbered 809-815 as specified in the submitted Arboricultural Impact Assessment provided by Arborsafe dated 30/7/2017 (TRIM: D07191510).

28.        Tree Protection Zone - Ground Protection

a)         All tree protection zones for the trees to be retained must have a layer of wood-chip mulch installed prior to works commencing.

b)         The wood-chip mulch must be maintained throughout the period of construction at a depth of between 150mm and 300mm, using material that complies with the relevant requirements of Australian Standard AS 4454 –Composts, Soil Conditioners and Mulches”.

29.        Tree Protection Certification

To ensure that all tree protection measures are correctly installed, a certificate from the appointed project arborist must be submitted to the Principal Certifying Authority confirming compliance with the tree protection requirements of this consent.

REQUIREMENTS DURING DEMOLITION AND CONSTRUCTION

30.        Construction Work Hours

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

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

31.        Construction Vehicles

All construction vehicles associated with the proposed development are to be contained on site or in a Local Traffic Committee (LTC) approved “Works Zone” and comply with the following:

a)         The site supervisor to be advised that the Works Zone will be deemed to be in effect, and fees will apply, between the dates nominated by the supervisor, or when parking spaces are managed for the sole use of construction vehicles associated with the site.

b)         The Works Zone signs shall be in effect only apply for the times approved by Council, and the time is to be noted on the sign. Eg; ‘Works Zone Mon – Sat 7.00 am – 5.00 pm’.

c)         The applicant is required to supply a sign posting installation plan for referral to the Local Traffic Committee, noting on it the duration of the Works Zone.

d)         The Works Zone is only to be used for the loading and unloading of vehicles. Parking of workers’ vehicles, or storage of materials, is not permitted.

32.        Waste Management Details

Waste management during the demolition and construction phase of the development must be undertaken in accordance with the approved Waste Management Plan. Additionally written records of the following items must be maintained during the removal of any waste from the site and such information submitted to the Principal Certifying Authority within fourteen days of the date of completion of the works:

a)         The identity of the person removing the waste.

b)         The waste carrier vehicle registration.

c)         Date and time of waste collection.

d)         A description of the waste (type of waste and estimated quantity).

e)         Details of the site to which the waste is to be taken.

f)          The corresponding tip docket/receipt from the site to which the waste is transferred (noting date and time of delivery, description (type and quantity) of waste).

g)         Whether the waste is expected to be reused, recycled or go to landfill.

Note: In accordance with the Protection of the Environment Operations Act 1997, the definition of waste includes any unwanted substance, regardless of whether it is reuse.

33.        Demolition

To protect the surrounding environment, 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; and

b)         Demolition works, where asbestos material is being removed, must be undertaken by a contractor that holds an appropriate licence issued by SafeWork NSW in accordance with the Work Health and Safety Regulation 2017 and be appropriately transported and disposed of in accordance with the Protection of the Environment Operations (Waste) Regulation 2014; and

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

34.        Asbestos and Soil Contamination

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

35.        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.

36.        Street Sweeping

To protect the surrounding environment, Street sweeping must be undertaken following sediment tracking from the site along adjacent streets 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.

37.        Works Near Trees

a)         No consent is granted for any works within the Structural Root Zone of tree numbered 809.

b)         To maintain tree health and condition, the appointed project arborist must monitor and record any and all necessary remedial actions required for trees numbered 809-815 on the approved plans.

c)         The maintenance and monitoring of all tree protection techniques must be recorded by the appointed project arborist during the period of construction for submission with the application for the occupation certificate.

38.        Works within Tree Protection Zones (only used for an encroachment exceeding 10%)

a)         All root pruning must be undertaken in accordance with the relevant requirements of Australian Standard AS 4970-2009Protection of Trees on Development Sites” - Sections 3.3.4, 4.5.4 and 4.5.5.

b)         Any and all necessary excavations within the Tree Protection Zone of trees to be retained numbered 809-815 in the approved plans, must be undertaken using construction techniques as prescribed in the Australian Standard AS 4970-2009 –Protection of Trees on Development Sites” Section 4.5.5.

c)         To minimise the environmental impacts of the development within the Tree Protection Zone (TPZ) of trees to be retained, numbered 809-815 on the approved plans:

i)          The installation of any underground services which either enter or transect the designated TPZ must utilise sensitive methods such as directional drilling or manual excavation.

ii)          The installation of any underground services must be inspected by the project arborist to monitor the likely impacts of the development on retained trees.

iii)         For manual excavation of trenches the project arborist must advise on roots to be retained and must monitor the works. Manual excavation may include the use of pneumatic and hydraulic tools. Refer Clause 4.5.3.

39.        Building materials and Site Waste

The filling or stockpiling of building materials, the parking of vehicles or plant, the disposal of cement slurry, waste water or other contaminants must be located outside the tree protection zones as prescribed in the conditions of this consent or the prescriptive measures of Part 1B.6.1 Tree Preservation of the Hornsby Development Control Plan, 2013, of any tree to be retained.

40.        Works near trees certification

a)         The project arborist must submit to the principal certifying authority on a monthly a certificate that the works have been carried out in compliance with the approved plans and specifications for tree protection.

b)         Certification should include a statement of site attendance, the condition of the retained trees, details of any deviations from the approved tree protection measures and their impacts on trees.

Note: Copies of monitoring documentation may be required by the PCA and/or Council.

41.        Council Property

To ensure that the public reserve is kept in a clean, tidy and safe condition during construction works, no building materials, waste, machinery or related matter is to be stored on the road or footpath.

Note:  This consent does not give right of access to the site via Council’s park or reserve. Should such access be required, separate written approval is to be obtained from Council.

42.        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.

43.        Landfill

Landfill must be constructed in accordance with Council’s ‘Construction Specification 2005’ and the following requirements:

a)         Prior to fill material being imported to the site, a certificate shall be obtained from a suitably qualified environmental consultant confirming the fill wholly consists of Virgin Excavated Natural Material (VENM) as defined in Schedule 1 of the Protection of the Environment Operations Act, 1997 or material approved under the Department of Environment and Climate Change’s general resource recovery exemption.

b)         These certificates must be included with the application for an occupation certificate.

44.        Excavated Material

All excavated material removed from the site must be classified by a suitably qualified person 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 be reported to the principal certifying authority prior to the issue of an Occupation Certificate.

45.        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.

46.        Waste Management

All work must be carried out in accordance with the approved waste management plan.

47.        Maintenance of public footpaths

Public footpaths must be maintained for the duration of works to ensure they are free of trip hazards, displacements, breaks or debris to enable pedestrians to travel along the footpath safely.

48.        Compliance with Construction Management Plan

The Council approved Construction Management Plan must be complied with for the duration of works, unless otherwise approved by Council.

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.        Acoustic Treatment

A certificate from an appropriately qualified person must be submitted to the Principal Certifying Authority PCA, certifying that the acoustic treatment of the site is installed in accordance with the recommendations contained in Section 6.2 of the Environmental Noise Impact Assessment prepared by Renzo Tonin and Associates dated 31 March 2017.

50.        Geotechnical Certification

A certificate from an appropriately qualified person must be submitted to the Principal Certifying Authority, certifying that the development was constructed in accordance with the recommendations provided in Sections 4 & 5 of the submitted Geotechnical Investigation Report Ref: 30175ZHrpt, prepared by JK Geotechnics dated 31 March 2017. Details are to be provided to the Principal Certifying Authority with the application for a Construction Certificate.

51.        Waste Management Details

The following waste management requirements must be complied with:

a)         A report must be prepared by an appropriately qualified person, certifying the following:

i)          A comparison of the estimated quantities of each waste type against the actual quantities of each waste type.

Note: Explanations of any deviations to the approved Waste Management Plan is required to be included in this report

ii)          That at least 60% of the waste generated during the demolition and construction phase of the development was reused or recycled.

Note: If the 60% diversion from landfill cannot be achieved in the Construction Stage, the Report is to include the reasons why this occurred and certify that appropriate work practices were employed to implement the approved Waste Management Plan. The Report must be based on documentary evidence such as tipping dockets/receipts from recycling depots, transfer stations and landfills, audits of procedures etc. which are to be attached to the report.

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

b)         The compactor unit must be fitted with a cover over the loading chamber.

52.        Damage to Council Assets

To protect public property and infrastructure, any damage caused to Council’s assets as a result of the construction or demolition of the development must be rectified by the applicant in accordance with Council’s Civil Works Specifications. Rectification works must be undertaken prior to the issue of an Occupation Certificate, or sooner, as directed by Council.

53.        External Lighting

a)         To protect the amenity of adjacent premises, all external lighting must be designed and installed in accordance with Australian Standard AS 4282 – Control of the Obtrusive Effects of Outdoor Lighting.

b)         Certification of compliance with this Standard must be obtained from a suitably qualified person and submitted to the PCA with the application for the Construction Certificate.

54.        Works as Executed Plan

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

55.        Damage to Council Assets,  Footpath and Kerb and Gutter

To protect public property and infrastructure, any damage caused to Council’s assets, including kerb and gutter and footpath as a result of the construction or demolition of the development must be rectified by the applicant in accordance with Council’s Civil Works Specifications. Rectification works must be undertaken prior to the issue of an Occupation Certificate, or sooner, as directed by Council.

56.        Creation of Easements

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

a)         The creation of an appropriate "Positive Covenant" and "Restriction as to User" over the constructed on-site detention and water quality treatment systems and outlet works, within the lots in favour of Council in accordance with Council’s prescribed wording. The position of the on-site detention system and water quality treatment system is to be clearly indicated on the title.

b)         To register the positive covenant and the restriction on the use of land, “works-as-executed” details of the on-site-detention system and water quality treatment system must be submitted verifying that the required storage and discharge rates and water quality treatment measures have been constructed in accordance with the design requirements. The details must show the invert levels of the on-site system together with pipe sizes and grades and details of water quality treatment measures. Any variations to the approved plans must be shown in red on the “works-as-executed” plan and supported by calculations

57.        Preservation of Survey Infrastructure

Prior to the issue of a occupation 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".

58.        Completion of Works and Compliance Certificate

All engineering works identified in this consent are to be completed and a Compliance Certificate issued prior to the release of occupation certificate.

59.        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.

60.        Maintain Canopy Cover

a)         To maintain canopy cover, a minimum of 2 trees are to be planted within the front setback of Lot 1 DP 528800, No. 28 Unwin Road Waitara. The trees must be species selected from the Council’s Indigenous species listing located in the Hornsby DCP Tree Preservation Measures 1B.6 Table 1B.6(b) such as Angophora costata, Angophora floribunda, Eucalyptus elata, Banksia integrifolia.

b)         The location and size of plantings must comply with the following requirements:

i)          Replacement Trees must be located in front or rear setbacks and setback 4 metres or greater from the foundation walls of any approved development on the site.

ii)          The replacement trees must be a minimum 3 metres in height when planted.

iii)         The replacement trees must reach a mature height greater than 15 metre.

iv)         All tree stock must meet the specifications outlined in ‘Specifying Trees’ by Ross Clark (NATSPEC Books).

v)         Planting methods must meet professional (best practice) industry standards

c)         The suitably qualified person holding a certificate III in Horticulture must submit to the principal certifying authority a statement confirming all landscaping requirements have been completed in accordance with approved landscape plans and conditions of consent.

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

61.        Final Certification Arborist

a)         The suitably qualified person holding a certificate III in Horticulture must submit to the principal certifying authority a Statement/or/Certification confirming all Tree Replacement Requirements have been completed in accordance with approved landscape plans and conditions of consent.

b)         The Project supervisor must submit to the principal certifying authority all relevant certificates with the application for the occupation certificate stating compliance with all the conditions of this consent.

c)         The Project arborist must submit to the principal certifying authority a certificate that all the completed works have been carried out in compliance with the approved plans and specifications for tree protection.

d)         Certification must include a statement of overall site attendance, the condition of the retained trees, details of any deviations from the approved tree protection measures and their impacts on trees.

Note: Copies of monitoring documentation may be required.

OPERATIONAL CONDITIONS

62.        Use of Premises

The development approved under this consent shall be used for a maintenance and services facility ancillary to an educational establishment and not for any other purpose without Council’s separate written consent.

63.        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’ certifying each essential service installed in the building.

64.        Hours of Operation

a)         The hours of operation of the premise are restricted to those times listed below:

Monday to Friday                       7 am to 4 pm

Saturday                                    7 am to 3 pm

Sunday & Public Holidays           No work

b)         All deliveries must occur between 7 am and 3 pm Monday to Friday only.

65.        Site Management

The use of the premise must be managed in accordance with the recommendations of the Environmental Noise Impact Assessment prepared by Renzo Tonin and Associates dated 31 March 2017. A management plan must be prepared and adhered to in accordance with the recommendations of the acoustic report.

66.        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).

67.        Storage of Flammable and Combustible Goods

Flammable and combustible liquids must be stored in accordance with Australian Standard 1940 – The Storage and Handling of Flammable and Combustible Liquids. A bund wall must be constructed around all work and liquid storage areas to prevent any spillage entering into the stormwater system. The bunded area must provide a volume equal to 110% of the largest container stored and graded to a blind sump so as to facilitate emptying and cleansing.

68.        Trade Waste

Liquid trade waste generated on the site must be discharged in accordance with a trade waste agreement with Sydney Water and by a licensed liquid trade waste contractor.

69.        Maintenance of Wastewater Device

All wastewater and stormwater treatment devices (including drainage systems, sumps and traps) must be regularly maintained in order to remain effective. All solid and liquid wastes collected from the device must be disposed of in accordance with the Protection of the Environment Operations Act 1997.

70.        Car Parking and Deliveries

All car parking must be constructed and operated in accordance with Australian Standard AS 2890.1 – 2004 – Off Street Car Parking and Australian Standard 2890.2 - 2002 – Off Street Commercial and the following requirement:

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

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

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

d)         All motorcycle parking spaces are to be designed in accordance with AS/NZS 2890.1:2004 Figure 2.7.

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

71.        Waste Management

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

a)         All commercial tenants must keep written evidence on site of a valid contract with a licensed waste contractor(s) for the regular collection and disposal of the waste and recyclables that are generated on site.

b)         The commercial tenants must have a sufficient number of bins to contain the volume of waste and recycling expected to be generated between collection services.

c)         The transport of waste on public roads must be in accordance with legislation. This includes, but is not limited to, covered loads.

d)         The compactor unit must not be operated or picked up (for disposal of waste) or returned (empty) outside the following hours: 7 AM to 8 PM weekdays and 8 AM to 8 PM weekends.

e)         The cover over the loading chamber of the compaction unit must be kept closed whenever the loading chamber is not in use.

72.        Sight lines

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

73.        No Stopping Sign

If the proposed driveway impacts on the location of the NO STOPPING sign on the north side of the existing driveway then this sign is to be relocated to the north side of the proposed driveway.

74.        Landscape establishment

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

- END OF CONDITIONS -

ADVISORY NOTES

The following information is provided for your assistance to ensure compliance with the Environmental Planning and Assessment Act 1979, Environmental Planning and Assessment Regulation 2000, other relevant legislation and Council’s policies and specifications. This information does not form part of the conditions of development consent pursuant to Section 80a of the Act.

Environmental Planning and Assessment Act 1979 Requirements

The Environmental Planning and Assessment Act 1979 requires:

·              The issue of a construction certificate prior to the commencement of any works. Enquiries can be made to Council’s Customer Services Branch on 9847 6760.

·              A principal certifying authority to be nominated and Council notified of that appointment prior to the commencement of any works.

·              Council to be given at least two days written notice prior to the commencement of any works.

·              Mandatory inspections of nominated stages of the construction inspected.

·              An occupation certificate to be issued before occupying any building or commencing the use of the land.

Long Service Levy

In accordance with Section 34 of the Building and Construction Industry Long Service Payments Act 1986, a ‘Long Service Levy’ must be paid to the Long Service Payments Corporation or Hornsby Council.

Note:  The rate of the Long Service Levy is 0.35% of the total cost of the work.

Note:  Hornsby Council requires the payment of the Long Service Levy prior to the issue of a construction certificate.

Tree and Vegetation Preservation

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

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

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

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

Disability Discrimination Act

The applicant’s attention is drawn to the existence of the Disability Discrimination Act. A construction certificate is required to be obtained for the proposed building/s, which will provide consideration under the Building Code of Australia, however, the development may not comply with the requirements of the Disability Discrimination Act. This is the sole responsibility of the applicant.

Covenants

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

Dial Before You Dig

Prior to commencing any works, the applicant is encouraged to contact Dial Before You Dig on 1100 or www.dialbeforeyoudig.com.au for free information on potential underground pipes and cables within the vicinity of the development site.

Telecommunications Act 1997 (Commonwealth)

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

Asbestos Warning

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

www.environment.nsw.gov.au

www.nsw.gov.au/fibro

www.adfa.org.au

www.workcover.nsw.gov.au

Alternatively, telephone the WorkCover Asbestos and Demolition Team on 8260 5885.


 

Group Manager’s Report No. PL44/17

Planning Division

Date of Meeting: 8/11/2017

 

6        DEVELOPMENT APPLICATION - SUBDIVISION SIX ALLOTMENTS INTO 13 LOTS - 2A & 6 JUDITH AVENUE AND 589, 591, 591A & 593 PACIFIC HIGHWAY, MOUNT COLAH     

 

 

EXECUTIVE SUMMARY

DA No:

DA/633/2016 (Lodged on 19 May 2016)

Description:

Demolition of existing structures and subdivision of six allotments into 13 lots in three stages and including two Torrens title lots and 11 community title lots.

Property:

Lot 16 DP 608064, Lot 12 DP 236455, Lot 29 DP 587660, Lot 2A DP 354709, Lot A DP 356749, Lot 3 DP 531091, Nos. 2A and 6 Judith Avenue and Nos. 589, 591, 591A and 593 Pacific Highway, Mount Colah

Applicant:

Rutlin Pty Ltd

Owner:

DCRM Management Services Pty Ltd

Estimated Value:

$2m

·          The application involves demolition of existing structures and subdivision of six allotments into 13 lots in three stages and including two Torrens title lots and 11 community title lots.

·          The proposal generally complies with the Hornsby Local Environmental Plan 2013 minimum lot size development standard. The proposal is satisfactory in respect to State Environmental Planning Policy No. 55 – Remediation of Land and the Rural Fire Act 1997. The proposal generally complies with the Hornsby Development Control Plan 2013 requirements for residential subdivision, vegetation preservation and stormwater management.

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

·          It is recommended that the application be approved as a deferred commencement consent for the submission of an Integrated Bushfire and Vegetation Management Plan.

RECOMMENDATION

THAT Development Application No. DA/633/2016 for demolition of existing structures and subdivision of six allotments into 13 lots in three stages and including two Torrens title lots and 11 community title lots, at Lot 16 DP 608064, Lot 12 DP 236455, Lot 29 DP 587660, Lot 2A DP 354709, Lot A DP 356749, Lot 3 DP 531091, No. 2A and No. 6 Judith Avenue and Nos. 589, 591, 591A and 593 Pacific Highway, Mount Colah 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. PL44/17.

 

BACKGROUND

The site is in close proximity to Mount Colah Railway Station and was initially included in Council’s Housing Strategy in 2010 for rezoning for high density housing but was deferred following concerns raised by the NSW Rural Fire Service.

On 15 October 2015, the applicant attended a Pre DA Meeting concerning the proposed subdivision (PL92/2015). At the meeting the applicant was requested to address matters relating to bushfire prone land, proximity to watercourse, variation to lot size, bushland biodiversity, waste management, stormwater management, pedestrian access design and landscaping.

On 19 May 2016, Development Application No. DA/633/2016 was lodged for demolition of existing structures and subdivision of six allotments into 18 lots in three stages.

On 9 September 2016, the NSW Rural Fire Service (RFS) requested additional information to address setbacks to unmanaged vegetation and a Vegetation Management Plan.

On 16 November 2016, the applicant submitted additional information to address the RFS requirements.

On 15 December 2016, the RFS requested additional information to address Asset Protection Zone compliance with Planning for Bushfire Protection Guidelines 2006.

On 12 May 2017 the applicant submitted amended plans reducing the number of proposed lots to 14 and additional information to address RFS requirements. The amended plans were notified for 14 days.

On 6 June 2017, the RFS requested a revised bushfire assessment report for vegetation classification as forest and information to demonstrate that the proposed APZ could be accommodated within the site.

On 25 July 2017, the applicant submitted amended plans reducing the number of proposed lots to 13.

On 28 July 2017, the RFS granted approval for a Bushfire Safety Authority subject to recommended conditions.

SITE

The irregular shaped site comprises six existing lots, has an area of approximately 3.05 hectares and has a frontage of 130m to the western side of the Pacific Highway. The site includes two existing dwelling houses one of which is derelict. The north east corner of the site includes an area of B1 Neighbourhood Centre zoned land (approx. 500m2) which is vacant land adjoining the Mount Colah shops opposite the railway station.

The site has a westerly aspect and is relatively level at the Pacific Highway frontage where the land is predominantly cleared with scattered trees. The eastern half of the site is zoned R2 Low Density Residential. The western half of the site falls steeply to a watercourse and comprises bushland within an E3 Environmental Management zone. The watercourse is a tributary of Berowra Creek. The bushland is identified as Peppermint-Angophora Forest vegetation community.

The site is within a bushfire prone area.

Judith Avenue is a cul-de-sac with 11 dwelling houses. A bushland reserve zoned RE1 Public Recreation adjoins the houses at the rear of the cul-de-sac. The bushland reserve adjoins the southern boundary of the E3 zoned area of the site.

The bushland area extends through a valley north and south of the site and forms part of a continuous bushland area with the Berowra Valley National Park north of the site. The bushland area adjoining the northern boundary of the site is zoned E3 Environmental Management.

The rear, western boundary of the site adjoins a narrow bushland reserve zoned RE1 Public Recreation which adjoins dwelling houses fronting Northview Place, Mount Colah on the western side of the valley.

The site adjoins the Mount Colah neighbourhood shops (B1 zone) fronting the Pacific Highway north of the site and is located opposite Mount Colah Railway Station on the eastern side of the Highway. The station provides public transport connection on the Sydney Trains network.

South of the railway station, the residential area between the Pacific Highway and the rail corridor is zoned R4 High Density Residential and is undergoing redevelopment for 5 storey residential flat buildings (Pacific Highway, Mount Colah Precinct).

The residential area on the western side of the Pacific Highway and south of Judith Avenue includes single and two storey dwelling houses within an R2 Low Density Residential zone.

PROPOSAL

The application proposes the demolition of existing structures and subdivision of 6 allotments into 13 lots in three stages.  The proposed subdivision involves the construction of a private road off Judith Avenue.  Access off the Pacific Highway is not proposed other than the existing access for No. 593 Pacific Highway which is maintained for proposed Lot 101.

The proposed subdivision is in three stages.

Stage One involves the creation of two Torrens title lots as follows:

Proposed Lot 101 comprises the B1 Neighbourhood Centre zoned area of the site. The lot is a battle axe lot with an existing access handle 5.16m wide off the Pacific Highway. The handle has a length of 17.4m. The lot is vacant commercial land and has an area of 500m2. The lot includes Trees Nos. 21 and 22.

The proposed residue lot forms the remainder of the site.

Stage Two involves the subdivision of the Stage One residue lot into two Torrens title lots as follows:

Lot 102 is an irregular shaped corner of 604m2 with an extended frontage to the private road involving a <12m wide wedge shaped section of land with a 2.5m frontage to Judith Avenue. The lot has a maximum depth of 21.7m. The lot has an average fall of 18% to the frontage. Trees Nos. 30, 31, 32, 33, 34 and 53 would be removed for the indicative building envelope.

The proposed residue lot forms the remainder of the site.

Stage Two includes the construction of the private road and stormwater drainage works.

Stage Three involves the subdivision of the Stage Two residue lot into 11 community title lots as follows:

Lot 1 is the community lot and comprises the proposed 8.6m wide private road and includes a 4m wide pedestrian link to the Pacific Highway frontage for resident access to shops and the railway station. The community lot includes the proposed residue bushland areas zoned R2 and E3, and a right of carriageway (ROC) for Lot 2, Lot 3 and Lot 4. Trees Nos. 3, 5, 17, 20, 41, 43 and 67 would be removed.

Lot 2 is an irregular shaped lot with an area of 522.6m2. The 19.3m rear boundary adjoins the Pacific Highway. The lot is accessed off the private road via a right of carriageway which also provides connection to the community pedestrian link to the Pacific Highway frontage along the 36.3m southern boundary of the lot. The 12.6m western boundary adjoins the E3 zoned bushland area. The 38.1m northern boundary adjoins proposed Lot 101 which is land zoned B1. The lot has an average fall of 8% to the western boundary.

Lot 3 is an irregular shaped lot with an area of 509.4m2. The 18.1m rear boundary adjoins the Pacific Highway. The 14.6m western boundary fronts the right of carriageway off the private road. The 33m northern boundary adjoins the pedestrian link to the Pacific Highway. The lot has an average fall of 7% to the western boundary.

Lot 4 is an irregular shaped lot with an area of 509.4m2. The 15.7m rear boundary adjoins the Pacific Highway. The 12m western boundary fronts the right of carriageway off the private road. The lot has an average fall of 7% to the western boundary.

Lot 5 is an irregular shaped lot with an area of 512.1m2. The 16m rear boundary adjoins the Pacific Highway. The lot has frontage to the private road and a depth of 32m. The lot has an average fall of 3% to the north-west corner of the lot. Tree No. 6 would be removed for the proposed building envelope.

Lot 6 is an irregular shaped lot with an area of 501m2. The 14m rear boundary adjoins the Pacific Highway. The lot has a depth of 32m and a frontage of 17.9m to the private road. The lot is relatively level with no trees.

Lot 7 is an irregular shaped lot with an area of 503.2m2. The 16.1m rear boundary adjoins the Pacific Highway. The lot has a depth of 32m and a frontage of 15.5m to the private road. The lot is relatively level with no trees.

Lot 8 is an irregular shaped corner lot with an area of 607.6m2. The lot has a frontage of 19.4m/5.3m/10.6m to the Pacific Highway and Judith Avenue, and a frontage of 7.5m/15.8m to the private road. The lot has a maximum depth of 32.7m. The lot has an average fall of 4% to the Pacific Highway. Tree No. 2 would be removed for the proposed building envelope.

Lot 9 is an irregular shaped lot of 502m2 and a frontage of 18.1m to the private road. The 26.6m southern side boundary adjoins the rear of existing dwelling houses at No 2 and No. 4 Judith Avenue. The lot has an average fall of 15% to the rear boundary.

Lot 10 is an irregular shaped lot of 502m2 and curved frontage of 16.7m/18.7m/2.0m to the private road. The lot has a maximum depth of 27m and an average fall of 20% to the frontage. Tree Nos. 65 and 66 would be removed.

Lot 11 is an irregular shaped corner lot of 1,091m2 and a curved frontage of 36.1m/17.7m/19m to the private road. The lot has a maximum depth of 21.7m and an average fall of 20% to the frontage. Trees Nos 62, 63 and 64 would be removed.

Stage 3 includes further inter-allotment drainage and utility works for the community title lots, landscaping and construction of a palisade style fence along the Pacific Highway frontage.

ASSESSMENT

The development application has been assessed having regard to ‘A Plan for Growing Sydney’, the ‘Draft North District Plan’ 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 District Plan

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 and actions for accommodating Sydney’s future population growth and identifies dwelling targets to ensure supply meets demand. 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, Mosman, North Sydney, Ryde, Northern Beaches and Willoughby to form the North District. The Greater Sydney Commission has realised the draft North District Plan which includes priorities and actions for the Northern District for the next 20 years. The identified challenge for Hornsby Shire will be to provide an additional 4,350 dwellings by 2021 with further strategic supply targets to be identified to deliver 97,000 additional dwellings in the North District by 2036.

The proposed development would be consistent with ‘A Plan for Growing Sydney’ and ‘Draft North District Plan’ by providing additional residential lots and would contribute to housing opportunities 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 part R2 Low Density Residential, part B1 Neighbourhood Centre and part E3 Environmental Management under the HLEP. The objectives of the R2 zone are:

·          To provide for the housing needs of the community within a low density residential environment.

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

The objectives of the B1 Neighbourhood Centre zone are:

·          To provide a range of small-scale retail, business and community uses that serve the needs of people who live or work in the surrounding neighbourhood.

The objectives of the E3 Environmental Management are:

·          To protect, manage and restore areas with special ecological, scientific, cultural or aesthetic values.

·          To provide for a limited range of development that does not have an adverse effect on those values.

·          To protect the natural environment of steep lands and floodplains within the catchment of the Hawkesbury River.

The proposed subdivision is permissible in the R2 zone with Council’s consent pursuant to Clause 4.1 of the HLEP. The proposed community lot (Lot 1) comprises a split zone and would comply with the Clause 4.1B provision for all the E3 Environmental Management zoned land to be within the one allotment.

2.1.2     Minimum Subdivision Lot Size

Clause 4.1 of the HLEP provides that the size of any lot resulting from the subdivision of land, excluding the area of the access handle, must not be less than the minimum size shown on the Lot Size Map.

The minimum lot size for the R2 Low Density Residential zoned land is 500m2. The proposed Torrens title lot 102 and the proposed community title lots 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11 comply with this requirement.

The minimum lot size for the E3 Environmental Management zone is 4 hectares. The proposed community lot (Lot 1) has an area of 2.33 hectares and includes all the land on the site within the E3 zone. Pursuant to Clause 4.1B of HLEP the E3 zoned land may be subdivided subject to the proposed R2 Residential zoned lots being in compliance with the minimum lot size and all the E3 zoned land being contained within the one allotment (Lot 1). The proposed subdivision complies with this provision.

A minimum lot size is not applicable to the B1 Neighbourhood Centre zone (Proposed Lot 101).

2.1.3     Heritage Conservation

Clause 5.10 of the HLEP sets out heritage conservation provisions for Hornsby Shire.  The site does not include a heritage item and is not located in a heritage conservation area. Accordingly, no further assessment regarding heritage 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 construction of the proposed accessway would require earthworks and landform modification.

Council’s assessment of the proposed earthworks and land modification concludes that subject to recommended conditions for soil and water management and retaining walls, the proposal would not impact on adjoining properties, drainage patterns or soil stability.

2.2        State Environmental Planning Policy No. 19 – Bushland In Urban Areas

The application has been assessed against the requirements of SEPP 19 which applies to local government areas within the Sydney metropolitan area. The aim of the Policy is to protect and preserve bushland in urban areas for its natural heritage, aesthetic, recreational, educational and scientific values.

The site has bushland reserves adjoining the southern boundary and the western boundary which are subject to the provisions of the Policy pursuant to Clause 9, being land zoned RE1 Public Recreation under the HLEP. Under the Policy, before granting consent to development, Council must consider the effect of the development on bushland and the protection and preservation of bushland within the reserves.

The proposed development requires the implementation of bushfire protection measures with the creation of an Asset Protection Zone (APZ). The APZ would be wholly within the subject land and would not involve any loss of bushland within the adjoining reserves.

The APZ is subject to an Integrated Bushfire and Vegetation Management Plan to maintain the biodiversity of the site through removal of weeds, regeneration of bushland and management for bushfire protection.

The proposed development therefore satisfies the aims of the Policy to protect and preserve bushland in urban areas.

2.3        State Environmental Planning Policy No. 44 – Koala Habitat

The Policy is applicable as the site is greater than one hectare in size. The site is partly cleared. The bushland area of the site includes Koala feed trees (Eucalyptus tereticornis – Forest Red Gum) listed in Schedule 2 of the Policy. The feed trees however constitute less than 15% of the trees on the site. In this regard, the bushland area of the site does not meet the criteria of the Policy for potential koala habitat.

Accordingly no further assessment is required in this regard.

2.4        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.

The submitted Preliminary Contamination Assessment Report prepared by GeoEnviro Consultancy Pty Ltd dated March 2016 identifies fill areas on the site, asbestos and some lead contamination. The report includes the following comment:

To ensure the suitability of the subject site for the proposed development, the site should be remediated by excavation and removal of all surface and buried rubbish fill and asbestos impacted fill and disposal to a NSW EPA approved landfill.

As the site is thickly covered with weeds and vegetation making it difficult to assess the full extent of fill and asbestos impacted areas, we recommend the site first be cleared of all weeds and vegetation to expose the ground surface and additional investigation by test pitting, sampling and laboratory analysis may be carried out to more accurately assess the extent of contamination.

The contamination identified involves contaminated fill and the built upon areas of the site. As recommended, the extent of contamination should be ascertained following demolition and vegetation clearing.

A condition is recommended requiring a detailed contamination assessment report and Remedial Action Plan prior to the commencement of civil works on the site.

2.5        State Environmental Planning Policy (Infrastructure) 2007

The site has frontage to the Pacific Highway which is a classified road. Pursuant to Clause 101 of the State Environmental Planning Policy (Infrastructure) 2007 Council must not grant consent to development with frontage to a classified road unless it is satisfied that:

(a)        Where practicable, vehicular access to the land is provided by a road other than the classified road, and

(b)        The safety, efficiency and ongoing operation of the classified road will not be adversely affected by the development as a result of: 

(i)         the design of the vehicular access to the land, or

(ii)         the emission of smoke or dust from the development, or

(iii)        the nature, volume or frequency of vehicles using the classified road to gain access to the land, and

(c)        The development is of a type that is not sensitive to traffic noise or vehicle emissions, or is appropriately located and designed, or includes measures, to ameliorate potential traffic noise or vehicle emissions within the site of the development arising from the adjacent classified road.

The proposed subdivision would be accessed from Judith Avenue which connects to the Pacific Highway. The proposed private road complies with Council’s accessway design criteria in accordance with Hornsby Development Control Plan 2013. The proposed subdivision would generate 10.2 vehicle trips peak hour and would not detract from the operation of the Pacific Highway.

The development provides for future dwelling houses. The Pacific Highway does not carry traffic volumes that warrant noise mitigation pursuant to Clause 102 of the Policy. Refer also to Section 2.11.8 and Section 3.2.2.

The Roads and Maritime Services (RMS) in commenting on the proposal in respect to the Policy raised no objection to the proposed subdivision on traffic and safety grounds subject to recommended conditions for kerb and gutter construction, stormwater management and construction management.

The proposed subdivision satisfies the requirements of Clause 101 of the Policy.

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

The site is located within the catchment of the Hawkesbury Nepean River. Part 2 of this Plan contains general planning considerations and strategies requiring Council to consider the impacts of development on water quality, aquaculture, recreation and tourism.

Subject to the implementation of sediment and erosion control measures, stormwater management to protect water quality and vegetation management plan, the proposal would comply with the requirements of the Policy.

2.7        Rural Fires Act 1997

The proposed subdivision is classified as integrated development being bushfire prone land. Approval of the NSW Rural Fire Service for the issue of a Bush Fire Safety Authority is required pursuant to Section 100B of the Rural Fires Act 1997.

The NSW Rural Fire Service raised no objections and has issued a Bush Fire Safety Authority for the proposed subdivision subject to conditions including asset protection zones, water and utilities, and access in compliance with the Planning for Bushfire Protection Guidelines 2006.

The proposed subdivision is designed in accordance with the requirements of the NSW Rural Fire Service including the setbacks of the proposed indicative building envelopes and the width of the proposed accessway.

2.8        Water Management Act 2000

The site is traversed by a watercourse that is a tributary of Berowra Creek. Pursuant to Clause 91 of the Act, a ‘controlled activity’ permit from the Department of Primary Industries – Water (DPI - Water) is required for development within 40m of a watercourse.

DPI Water advised the proposed activity is not occurring on waterfront land (not within 40m). No further assessment is warranted for the purposes of the Water Management Act 2000.

2.9        Threatened Species Conservation Act 1995

The application includes an Assessment of Flora and Fauna Report dated April 2016 prepared by Aquila Ecological Surveys, and based on the seven factors pursuant to Section 5A of the Environmental Planning and Assessment Act, 1979.

The assessment found the area of the site subject of the proposed lots and stormwater treatment has been cleared for some time and has no particular conservation significance. The remaining area of the site has no threatened flora or fauna species listed under the Threatened Species Conservation Act 1995 or the Environment Protection and Biodiversity Conservation Act 1999. Council’s environmental assessment concurs with the report. Accordingly, a Species Impact Statement is not required for the proposal.

Refer also to comments in Section 3.1.1.

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 in achieving good planning outcomes.

2.11      Hornsby Development Control Plan 2013

The proposed subdivision 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

Residential Lot Size (Allotment sizes excluding Lot 1 – Community Lot)

 

Lot 2 – 522.6m2

Lot 3 – 509.4m2

Lot 4 – 509.4m2

Lot 5 – 512.1m2

Lot 6 – 501m2

Lot 7 – 503.2m2

Lot 8 – 607.6m2

Lot 9 – 502m2

Lot 10 – 502m2

Lot 11 – 1,091m2

Lot 102 – 604m2

500m2 (min)

Yes

Private Road Width

Accessway Width Lots 2, 3 & 4

8.6m

5m

6.65m (min)

3.5m

Yes

Yes

Indicative Building Envelope

200.3m2 – 229.2m2

200m2

Yes

 

As detailed in the above table, the proposed subdivision complies with prescriptive requirements within the HDCP. The following is a brief discussion on compliance with relevant desired outcomes.

2.11.1   General Provisions - Subdivision

The HDCP includes the following desired outcomes.

a.         Subdivision design that provides usable allotments that relate to site conditions.

b.         Subdivision design that provides for the retention of significant landscape features and respects site constraints including: significant trees, remnant bushland, steep topography, watercourses, riparian land and stormwater overland flow paths, and bushfire hazard asset protection zones.

c.         Subdivision design that provides for all necessary services and facilities, including any required extension or amplification to Council infrastructure.

The proposed subdivision layout and lot design have regard to the sloping topography and the westerly aspect of the site and the Pacific Highway, and would provide useable areas for a range of low density housing types, retain significant trees and provide for bushfire protection.

2.11.2   Residential Lands Subdivision

The HDCP includes the following desired outcomes:

a.         Subdivision design should maintain appropriately shaped lots to accommodate a dwelling and associated development that is compatible with a low density residential environment.

b.         Subdivision design should provide setbacks to developable areas that will: complement the streetscape, provide for landscaping, protect landscape features, and provide separation between existing and future dwellings.

The proposed lots are appropriately shaped to conform to the configuration of the site and the proposed private road. The proposed lots comply with the 12m minimum lot width prescriptive measure and would accommodate a 200m2 indicative building envelope clear of required setbacks to boundaries and trees to be retained. The proposed indicative building envelopes would enable the provision of private open space and on-site car parking in accordance with the HDCP prescriptive measures.

2.11.3   Accessway Design

The HDCP includes the following desired outcomes:

a.         To ensure access along private accessways to all new lots is simple, safe and direct.

b.         Driveway should not be visually intrusive to the existing streetscape.

c.         To limit the number of driveway crossings and additional dwellings with direct access to main roads to limit the cumulative impacts on traffic flows and safety.

The proposed 8.6m wide private road is a curvilinear two way road with 6.5m wide kerb to kerb pavement. The road intersects with Judith Avenue on the eastern side of No. 2 Judith Avenue and on the western of No. 4 Judith Avenue. The road provides access to all the proposed Community Title lots and includes a 5m wide right of carriageway off the private road for access for proposed Lots 2, 3 and 4. The private road would enable access for Council’s waste collection vehicle and complies with maximum road gradients.

The eastern intersection of the private road with Judith Avenue is 23m from the Pacific Highway intersection allowing sufficient queue length for vehicles turning right into the private road. The road features a roll top kerb allowing for visitor parking on the verge.

Refer also to discussion in Section 3.2.2.

The proposed private road would meet the HDCP desired outcomes for accessway design.

2.11.4   Stormwater Management

The proposed stormwater drainage system includes a bio retention dispersal system for natural drainage to the watercourse through the site. The proposed drainage system includes on-site stormwater detention and stormwater quality treatment.

The proposed bio retention dispersal system would be located within the Community Lot 1. The proposed facility would be managed in conjunction with the establishment of the Asset Protection Zone for bushfire and vegetation management as addressed in the Integrated Bushfire and Vegetation Management Plan.

The proposed stormwater management system satisfies the HDCP desired outcomes for stormwater management subject to recommended conditions.

2.11.5   Watercourses

The proposed stormwater drainage system is designed to maintain natural environmental flow characteristics and downstream water quality.

The existing watercourse through the site is located within the bushland area of the proposed Community Lot. The recommended Integrated Vegetation and Bushfire Management Plan would maintain the natural features of the site including the watercourse and surrounding bushland.

The proposal satisfies the HDCP desired outcomes for watercourses.

2.11.6   Earthworks and Slope

A number of the proposed residential lots and the accessway include areas of existing fill.

The application includes a Preliminary Geotechnical Assessment dated March 2016 prepared by Martens Consulting Engineers. In respect to the topography of the proposed residential lots, the assessment includes the following comment:

The site has slopes of up to approximately 10-15% with west and north westerly aspects. Two relatively flatter areas with grades lower than approximately 10% are separated by steeper banks and sandstone boulder rubble. Areas downslope of the scarpment have significantly steeper slopes of up to 50% to the northwest.

The assessment included the drilling of five boreholes up to 3.25m below ground level and analysis of subsurface materials which determined the eastern, southern and western portions of the site are covered by fill material to a depth of approximately 2.0m. The fill is over residual soil up to 1.2m thickness on sandstone bedrock.

The assessment found the fill material comprises ‘silty / gravelly sand and sandy clay with timber, metal, concrete and burnt wood inclusions’. Refer to SEPP 55 discussion in Section 2.4.

The assessment notes there is no visible evidence of significant slope instability or ground movement but recommends further assessment at the construction stage to assess subsurface conditions. A condition is recommended for the geotechnical recommendations to be implemented for construction of the subdivision.

Subject to satisfying the geotechnical engineers recommendations the proposed subdivision would meet the HDCP desired outcomes for earthworks and slope.  Refer to Condition No. 23.

2.11.7   Waste Management

The proposed accessway is designed for Council’s waste collection vehicle to service the proposed allotments.

The submitted Waste Management Plan is satisfactory in achieving State government targets for recycling and reuse of materials.

2.11.8   Noise and Vibration

The Pacific Highway at Mount Colah carries an average daily traffic count of 19,184 vehicles and is not considered a major road in respect to noise sensitive development, in accordance with Section 101 of State Environmental Planning Policy (Infrastructure) 2007.

An acoustic assessment of the proposed subdivision is not warranted in this regard.

2.11.9   Crime Prevention

The proposed subdivision design would promote casual surveillance of the public domain.

The subdivision includes a right of carriageway for proposed Lots 2, 3 and 4 off the private road together with a pedestrian access link to the Pacific Highway. To ensure the ROA and pedestrian link are well defined public spaces, a condition is recommended for the pavement treatment, landscaping and lighting be provided to promote the public use.

The site adjoins public and privately owned land where the boundaries are not discernible due to bushland, steep topography and lack of fencing. To ensure the boundaries of the site are well defined but permeable for wildlife, a condition is recommended for the unfenced site boundaries of the R2 Residential zoned land to be fenced with open style post and wire fencing.

Subject to recommended conditions the proposal is satisfactory in respect to the HDCP desired outcomes for crime prevention.

2.11.10 Landscaping

The proposed community lot (Lot 1) includes a substantial open space bushland area comprising Peppermint-Angophora Forest vegetation community that includes invasive weeds, significant trees and involves topography exceeding a gradient of 20%. The community lot is subject to RFS bushfire protection measures and includes the proposed stormwater bio-retention system. A deferred commencement condition is recommended for an Integrated Bushfire and Vegetation Management Plan to be submitted to address the RFS requirements, stormwater management, weed control and to maintain the biodiversity of the Peppermint-Angophora Forest vegetation community.

The application includes a landscaping masterplan for the community title subdivision that includes decorative fencing along the Pacific Highway frontage and gateway treatment of the private road. A deferred commencement condition is recommended requiring a detailed landscaping plan to be submitted that incorporates local indigenous tree species, has regard to the Integrated Bushfire and Vegetation Management Plan and provides for maintenance of the fencing and landscaping along the Pacific Highway frontage.

Refer also to comments in Section 3.1.1.

2.11.11 Business Lands

Proposed Lot 101 is vacant commercial land within the B1 Neighbourhood Centre zone.

The proposed lot includes two existing trees Nos. 21 and 22 – Ficus macrophylla (Moreton Bay Fig). The trees are exempt species under vegetation preservation provisions of the HDCP.

The proposed lot is within the Pacific Highway (Parklands Road), Mount Colah Neighbourhood Centre area. A maximum floor space ratio of 0.5:1 and a maximum building height of 8.5m apply to the proposed lot. The proposed lot would accommodate a range of commercial and residential land uses with development consent.

Proposed Lot 101 is satisfactory in respect to HDCP Part 4 - Business Lands.

2.12      Section 94 Contributions Plans

Hornsby Shire Council Section 94 Contributions Plan 2012-2021 applies to the development as it would result in an additional five residential lots in lieu of the six existing lots. A contribution is not applicable for the proposed community lot (non-residential) or the proposed commercial lot which would attract Section 94 contribution with future floor space.

Accordingly, the requirement for a monetary Section 94 contribution is recommended as a condition of consent.

3.         ENVIRONMENTAL IMPACTS

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

3.1        Natural Environment

3.1.1     Tree and Vegetation Preservation

The site includes 71 trees within the urban zoned area of the site. The proposed development including the indicative building envelopes would necessitate the removal of 26 trees from the site. Six trees proposed to be removed (Trees Nos. 6, 17, 20, 34, 41 and 43) are identified as locally indigenous and are subject to the Tree and Vegetation provisions of the HDCP. The application has been supported by an Arborist report that assesses five of the six existing trees as having good health and vigour and moderate to high landscape significance. Tree No. 17 is in fair condition and is recommended for removal.

The Arborist report recommends a further 6 locally indigenous trees for removal due to poor health (Tree Nos. 35, 47, 50, 51, 52 and 69).

Council’s assessment of the proposal includes a detailed examination of the existing trees on site and supports the proposed tree removal subject to recommended conditions for replacement tree planting (20 trees) within the community lot (Lot 1).

It is considered that the proposed removal of the 12 locally indigenous trees is acceptable in the circumstances of the case with regard to the recommended replacement tree planting and Integrated Bushfire and Vegetation Management Plan to enhance the biodiversity of the Peppermint-Angophora Forest vegetation community on the site.

3.1.2     Stormwater Management

The proposed stormwater bio-retention basin would function as an on-site detention system and is designed with regard to the geotechnical assessment of the site. The proposed discharge point is over bedrock reducing the risk of erosion. The proposed bio-retention basin includes extended detention for water quality treatment.

The applicant submitted water quality modelling which demonstrates the proposed system would meet the performance targets for reduction of pollution loads in accordance with the HDCP prescriptive measures.

The proposed system is subject to the recommended Integrated Bushfire and Vegetation Management Plan for revegetation of disturbed areas and the bio-retention basin area.

Subject to recommended conditions the proposed stormwater management system is satisfactory in minimising impacts on the watercourse through the site and downstream water quality.

3.2        Built Environment

3.2.1     Built Form

The locality is undergoing transition with five storey residential flat development on the eastern side of the Pacific Highway south of Mount Colah Railway Station. The proposed subdivision would provide for low density residential development. The proposed landscaping and fencing along the Pacific Highway frontage would contribute to the streetscape.

3.2.2     Traffic

The proposed residential lots would each accommodate one dwelling house and result in 10.2 vehicle trips peak hour in accordance with the RMS Guide To Traffic Generating Development (GTGD). The additional traffic generated in Judith Avenue would be well below the GTGD environmental goal of 200 vehicles per hour.

The intersection of the proposed private road with Judith Avenue would be approximately 23m from the Pacific Highway kerb line giving sufficient length for three vehicles to queue on Judith Avenue before turning right into the private road. The proposed private road would not detract from traffic safety on the Pacific Highway.

The proposed subdivision does not involve the creation of any additional access onto the Pacific Highway. A restriction-as-to-user is recommended on Lots 2 to 8 to prohibit direct vehicular access to the Pacific Highway.

The RMS raised no objection to the proposal subject to recommended conditions.

3.3        Social Impacts

The proposed subdivision would provide additional housing opportunities in close proximity to public transport and would be of positive social impact.

3.4        Economic Impacts

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

4.         SITE SUITABILITY

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

4.1        Bushfire Risk

The site forms part of a steeply sloping bushland valley and is bush fire prone land.

The proposed residential lots are designed with regard to bushfire protection measures endorsed by the NSW Rural Fire Service as recommended in Schedule 1 of this report.

5.         PUBLIC PARTICIPATION

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

5.1        Community Consultation

The proposed development was placed on public exhibition and was notified to adjoining and nearby landowners between 2 June 2016 and 2 July 2016 in accordance with the Notification and Exhibition requirements of the HDCP. Amended plans were notified between 18 May 2017 and 1 June 2017. During these periods, Council received six 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 RECEIVED OUT OF MAP RANGE  

 

Six submissions objected to the development. The grounds for objection are addressed as follows.

5.1.1     High Density Site

A submission raises concerns the current low density residential zoning should be reassessed in response to the site’s proximity to the commercial area, Mount Colah Railway Station and the rezoned R4 High Density Residential precinct.

The site was initially included in Council’s Housing Strategy in 2010 but was deferred following concerns raised by the RFS. The RFS has recently advised that the CSIRO has completed research into the technical requirements for high rise buildings in bushfire prone areas. Further strategic assessment however is required to be undertaken by the RFS including Evacuation Risk Modelling/Management Planning for the deferred precincts at Mount Colah and Berowra to be considered for rezoning.

5.1.2     Stormwater Management

A submission raises concerns the proposed stormwater discharge would impact on the downstream property.

The proposed stormwater drainage system involves on-site dispersal. Subject to recommended conditions the proposed system would not result in flooding impact on neighbouring residents.

5.1.3     Risk of Accidents

A submission raises concerns the cliff area of the site would be unsafe.

The proposed community lot includes bushland and steep terrain and would be subject to a community management scheme for the proposed residential lots. A condition is recommended for an appropriate warning sign to be erected at the top of the cliff area.

A condition is also recommended for fencing of the boundaries of the residential zoned land on the site and for post markers to delineate the boundaries of the land within the environment protection zone.

5.1.4     Invasive Weeds

A submission raises concerns the site should be subject to weed management.

A condition is recommended for preparation of an Integrated Bushfire and Vegetation Management Plan which includes measures to control weeds on the site.

5.1.5     Traffic, Parking & Road Safety

A submission raises issues regarding traffic and parking in Judith Avenue.

The proposed private road is two way and would have a roll back kerb which would enable on-street car parking. The proposed traffic generated by the residential subdivision is within the capacity of the intersection of Judith Avenue with the Pacific Highway.

5.1.6     Boundary Fence

A submission raises concerns regarding the need for fencing to minimise privacy impacts from the operation of the private road.

It is considered to be a reasonable request that the applicant be required to construct the boundary fence at nil cost to the neighbouring property owners.  A recommended condition of consent has been included in Schedule 1.

5.1.7     Remediation of Land

A submission raised concerns the site had been subject to unauthorised land fill.

The submitted Preliminary Geotechnical Report dated March 2016 and Preliminary Contamination Investigation dated March 2016 identifies the area, depth and nature of the fill material on the site. The fill material comprised mainly building waste. The selected samples analysed were below detectable limits for potential contaminants other than for zinc (heavy metals) and asbestos. Further additional investigation is recommended following demolition of the existing structures on the site. The proposed subdivision construction works would enable excavation and removal of the fill material. The site remediation is required to be validated as suitable for residential use prior to the commencement of civil works on the site.

5.2        Public Agencies

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

5.2.1     Roads and Maritime Services (RMS)

The RMS granted concurrence for the proposal subject to conditions including condition for kerb and gutter construction along the Pacific Highway frontage.

5.2.2     Rural Fire Service (RFS)

The proposed subdivision of bushfire prone land is integrated development subject to approval of the RFS.

The RFS grants approval for a Bushfire Safety Authority subject to recommended conditions in Schedule 1 of this report.

5.2.3     Department Primary Industries – Water (DPI - Water)

The proposed subdivision involving land traversed by a watercourse is integrated development subject to approval of the DPI – Water.

The Department advised the proposed subdivision works are more than 40m of the watercourse and are not subject to assessment under the Water Management Act 2000.

6.         THE PUBLIC INTEREST

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

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

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

CONCLUSION

The proposal is for demolition of existing structures and subdivision of six allotments into 13 lots, in three stages.

The subject site is in close proximity to Mount Colah Railway Station and is bushfire prone land. The proposed subdivision complies with the HLEP minimum lot size development standard applicable to the subject R2 Low Density Residential zone and is satisfactory in meeting the bushfire protection measures of the RFS subject to an integrated vegetation management plan to maintain the site’s biodiversity. A deferred consent commencement condition is recommended in this regard.

The site includes contaminated landfill. Subject to remediation and validation for residential use the proposed subdivision is satisfactory in respect to SEPP 55.

The proposed subdivision in three stages is satisfactory for the orderly development of the site including the Stage 1 creation of the commercial zoned allotment (Lot 101), the Stage 2 demolition, remediation, construction of the private road and stormwater drainage works and creation of Lot 102, and the Stage 3 construction of inter-allotment drainage, fencing, landscaping and creation of the community title lots (Lots 1 to 11).

The proposal generally complies with the requirements of the HDCP and is satisfactory in respect to vegetation preservation, stormwater management, landscaping, residential lands subdivision and accessway design, subject to recommended conditions.

Six submissions were received in response to notification of the proposed subdivision.

The application is recommended for approval subject to deferred consent commencement condition.

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

RESPONSIBLE OFFICER

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

 

 

 

 

 

 

 

Rod Pickles

Manager - Development Assessment

Planning Division

 

 

 

 

James Farrington

Group Manager

Planning Division

 

 

Attachments:

1.View

Locality Plan

 

 

2.View

Survey Plan

 

 

3.View

Zoning Plan

 

 

4.View

Subdivision Plan

 

 

5.View

Building Envelope Plan

 

 

6.View

Landscape Plan

 

 

 

 

File Reference:           DA/633/2016

Document Number:    D07281349

 


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)         An Integrated Bushfire and Vegetation Management Plan (Plan) must be prepared for the proposed Community Lot (Lot 1) which includes the stormwater management facilities and Asset Protection Zone requirements of the NSW Rural Fire Service.

The Plan shall address the management of the Asset Protection Zones and stormwater management facilities in perpetuity for the development. Establishment of the Asset Protection Zones and stormwater facilities are required prior to the issue of the subdivision certificate and shall be incorporated into the Plan’s Schedule of Works.

The Plan shall include but not be limited to the following:

i)          Strategies to manage, maintain and conserve the bushland including;

a.         On-going weed control and suppression using bush regeneration methods. 

b.         Habitat protection including hollow-bearing tree retention.

c.         The restoration of all disturbed areas using bush regeneration techniques.

ii)          Strategies for management of the Asset Protection Zones in a manner that has the least impact on the natural environment and maintains indigenous vegetation for the benefit of the local bushland corridor function. This has to be undertaken in consultation with a Bushfire Management Consultant.

iii)         Hand Removal of Bushfire Fuel;

a.         Any clearing for bushfire protection within the approved Asset Protection Zones shall be undertaken using manual methods including manual removal of dead timber, raking and removal of leaf litter (fine fuel), manual slashing of understorey vegetation such as a hand held brushcutter and other methods that ensure minimal environmental damage and erosion whilst maintaining the vegetation at a low fuel reduced state.  Indigenous vegetation including trees and shrubs shall be retained in partially thinned scattered clumps to ensure the vegetation is non-continuous.  Underscrubbing is to retain 15 centimetres of groundcover vegetation (including grass and herbaceous species) and all vegetation greater than three metres in height is to be otherwise retained. No removal of native vegetation shall occur within 10 metres of a natural watercourse. Clearing is not permitted in bushland outside the asset protection zone. No mulch or garden waste is to be deposited in bushland. 

iv)         The key performance criteria are to read ‘Noxious Weeds to be less that 2% cover at the end of each maintenance visit. Other weed species to be less than 4% cover at the end of each maintenance visit.’ Primary and secondary weeding of noxious weeds is required prior to issue of the subdivision certificate.

a.         Weeds of particular concern are:

·           Pampas Grass (Cortaderia selloana)

·           Broad-leaf Privet (Ligustrum lucidum)

·           Small-leaf Privet (Ligustrum sinense)

·           Lantana, Rhus (Toxicodendron succedaneum)

·           Scotch Broom (Cytisus scoparius)

·           Camphor Laurel (Cinnamomum camphora)

·           Ground Asparagus (Asparagus aethiopicus)

·           Morning Glory (Ipomoea indica)

·           Japanese Honeysuckle (Lonicera japonica)

·           Mother-of-Millions (Bryophyllum delagoense)

·           Ochna (Ochna serrulata)

·           African Feather Grass (Pennisetum macrourum)

 

v)           Provide details of any revegetation works and species/ densities to be used within biofiltration basins (separate to the Landscape Masterplan).

vi)         Schedule of works including timeframes and responsibilities for management actions. Provide a cost schedule to undertake all rehabilitation actions, including maintenance.

vii)        Erosion, sediment and stormwater runoff controls including the management of impacts of run-off from all impervious surfaces including pavement areas. Management and maintenance of approved stormwater  facilities and drainage areas.

viii)       Appropriate aerial map of the site  including a weed map.

ix)         Details of qualifications and experience of company preparing the plan. The plan shall be prepared by a qualified and experienced bushland restoration consultant and shall be consistent with the approved bushfire assessment report. The pan shall be submitted to Council’s Natural Resources Unit for approval.

x)           Details of site monitoring including the submission of monitoring reports to Council of bushland management and restoration.

xi)         All on-ground works must be managed by a suitably qualified bush  regenerator  or restoration ecologist who is to be a vegetation management specialist and to have at least 4 years experience in the management of native bushland and at least a TAFE Certificate III in Bush Regeneration or Conservation and Land Management – Natural Area Restoration qualifications.

xii)        Maintenance visits are to be conducted at 3-monthly intervals for the first year after consent and 6-monthly intervals for the subsequent years.

b)         The submitted Landscape Masterplan is to be revised in accordance with the approved subdivision plan and the following:

i)          The landscape plan is to include planting dominated by locally indigenous native plant species consistent with Peppermint-Angophora Forest vegetation community as described by Smith & Smith (2008). The use of tube stock is recommended and plant stock that be obtained from a recognised native nursery. 

ii)          The ‘Vegetation Planting Outline’ on the ‘Vegetation Management Plan’ sheet prepared by Environment Peninsula Issue EP 327/A provided management actions within identified Zone V2 and V3. These zone shall be superceded by the specifications of the ‘Integrated Bushfire and Vegetation Management Plan’ endorsed by Council under Condition No. 1.           

iii)         The landscape plan must include a Schedule Works and generic specification for planting survival, establishment, maintenance and replenishment (due to natural mortality). The schedule of works shall indicate the timing of landscaping works in relation to important development time frames for the staged development to assist in compliance and certification.

iv)         The landscape plan must include pavement treatment, lighting and plantings to promote and define public space within the development.

v)         The brick pier and palisade fence along the Pacific Highway frontage to be setback 0.5m and landscaped. The fence and landscaping are to be subject to an easement for maintenance by the Community Management Scheme.

Such information must 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 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

15360 Judith

Plan Illustrating Proposed Lots and Staging

Michael Kirkwood and Associates Pty Ltd

24/07/17

Issue EP 327/A

Landscape Masterplan

Mark Eriksson

May 2016

Issue 327/2A

Elevations / Cross Sections

Mark Eriksson

April 2016

Issue 327/2A

Elevations / Cross Sections

Mark Eriksson

April 2016

Issue 327/1A/A

Schematic Landscape Plan

Mark Eriksson

April 2016

 

Document Title

Prepared by

Dated

Bushfire Assessment Report

Advanced Bushfire Performance Solutions

4 April 2017

Bushfire Assessment Report

Advanced Bushfire Performance Solutions

May 2016

Stormwater Management Plan

Storm Consulting Pty Ltd

15/4/16

Preliminary Contamination Investigation

GeoEnviro Consulting Pty Ltd

March 2016

Arboricultural Impact Report

Guy Paroissien

15 March 2016

Assessment of Fauna and Flora

Aquila Ecological Surveys

April 2016

Preliminary Geotechnical Assessment

Martens Consulting Engineers

March 2016

Waste Management Plan

Lindsay Dyce

15/9/2017

3.         Amendment of Plans

a)         To comply with Councils requirement in terms of landscaping, the approved Landscape Masterplan is to be revised in accordance with the approved subdivision plan and the following:

i)          The landscape plan is to include planting dominated by locally indigenous native plant species consistent with Peppermint-Angophora Forest vegetation community as described by Smith & Smith (2008). The use of tube stock is recommended and plant stock that be obtained from a recognised native nursery. 

ii)          The ‘Vegetation Planting Outline’ on the ‘Vegetation Management Plan’ sheet prepared by Environment Peninsula Issue EP 327/A provided management actions within identified Zone V2 and V3. These zone shall be superceded by the specifications of the ‘Integrated Bushfire and Vegetation Management Plan’ endorsed by Council under Condition No. 1.           

iii)         The landscape plan must include a Schedule Works and generic specification for planting survival, establishment, maintenance and replenishment (due to natural mortality). The schedule of works shall indicate the timing of landscaping works in relation to important development time frames for the staged development to assist in compliance and certification.

iv)         The landscape plan must include pavement treatment, lighting and plantings to promote and define public space within the development.

v)         The brick pier and palisade fence along the Pacific Highway frontage to be setback 0.5m and landscaped. The fence and landscaping are to be subject to an easement for maintenance by the Community Management Scheme.

b)         These amended plans must be submitted with the application for the Construction Certificate.

4.         Removal of Existing Trees

a)         This development consent permits the removal of trees numbered 2, 3, 5, 6, 17, 20, 30, 31, 32, 33, 34, 35, 41, 43, 47, 50, 51, 52, 53, 62, 63, 64, 65, 66, 67 and 69 as identified in the Arboricultural Impact Report dated 15 March 2016 prepared by Guy Paroissien.  

b)         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.         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)         A separate Construction Certificate must be obtained from Council for all works within the public road reserve under S138 of the Roads Act.

c)         A separate Construction Certificate must be obtained from Council for all works within drainage easements vested in Council.

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

STAGE ONE – LOT 101 & RESIDUE

6.         Sydney Water – s73 Certificate

A s73 Certificate must be obtained from Sydney Water and submitted to the PCA.

Note:  Sydney Water requires that s73 applications are to be made through an authorised Sydney Water Servicing Coordinator.  Refer to www.sydneywater.com.au or telephone 13 20 92 for assistance.

7.         Creation of Easements

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

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

STAGE TWO – LOT 102 & RESIDUE

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 2014-2024, the following monetary contributions must be paid to Council to cater for the increased demand for community infrastructure resulting from the development:

Description

Contribution (4)

Roads

$1,902.47

Open Space and Recreation

$13,041.80

Community Facilities

$5,013.66

Plan Preparation and Administration

$42.07

TOTAL

$20,000.00

being for one residential lot.

b)         The value of this contribution is current as at 10 October 2017. If the contribution is not paid within the financial quarter that this condition was generated, the contribution 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 contribution must 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.

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

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.        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 for any works near or within the adjacent public roads. This plan is to be submitted with any application for construction within the public road. 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; and

f)          Pedestrian and cyclist access/safety.

12.        Construction Environmental Management Plan

       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.

       The applicant shall prepare a Construction Environmental Management Plan (CEMP) which shall be submitted to Council for approval. The CEMP shall be prepared by a suitably qualified and experienced person. The plan shall include the following:

a)         Scaled survey plan of the site showing the development footprint in relation to the remnant trees and other bushland proposed for retention,

b)         Location of protective fencing (1.8m high cyclone mesh) installed around bushland areas proposed for retention and to be clearly delineated from building works areas,

c)         Location of tree protection fences for specific trees approved for retention,

d)         Location of temporary and permanent trenches required for installation of services,

e)         Location and specification of sediment and erosion control fencing to prevent degradation of bushland occurring immediately down-slope of the proposed stormwater facilities and other development (in accordance with Council’s Blue Book – Sustainable Water Best Practices), 

f)          Location of soil, mulch, waste and building material stock piles,

g)         Location of dedicated construction vehicle parking areas,

h)         Specifications of approved cut and fill,

i)          Location of road-base only within the approved development foot print (i.e. driveway),

j)          Notation describing ‘that no mulch is to be applied within remnant bushland areas’,

k)         Phytophthora management protocols,

l)          A qualified arborist (AQF5 level) shall supervise the severance of any roots greater than 40mm,

m)        Notations describing that an ecologist shall be on site during tree clearing works to ensure fauna is relocated. Prior to the approved removal of hollow bearing trees the applicant is to carry out the following actions to prevent harm to native wildlife:

i)          . Ensure the trees are removed in sections by a qualified Tree Surgeon just prior to dusk when roosting animals would be alert and likely to disperse ‘naturally’ from the site.  Ensure that trees are knocked several times (with a hammer etc.) to alert any roosting animals of the possibility of danger.  Ensure that all tree hollows are be examined prior to and immediately after their removal to ensure roosting animals are free from danger. 

ii)          WIRES (Wildlife Rescue) volunteers can be contacted on (02) 8977 3333 or Wildlife Services Sydney Metropolitan volunteers can be contacted on (02) 9413 4300. Information on animal nesting boxes can be gained from WIRES, Kalkari Information Centre in Ku-Ring-Gai Chase National Park, or Birds Australia web site – www.birdsaustralia.com.au

n)         Provide a Schedule of Works (table format) noting the required environmental protection measures during certain stages/ milestones of the works and who is responsible for undertaking them,  

o)         Provide environmental inductions to other civil works and building contractors working on the site, and

p)         Provide details of monitoring for impacts to water quality and protection of native vegetation prior to commencement of any works (to be undertaken by an appointed Project Ecologist before, during and after the completion of the works). Compliance with the CEMP shall be signed off by Council’s Natural Resources Unit Team following the provision of written confirmation from the Project Ecologist prior to issue of the Occupation Certificate.

13.        Appointment of Environmental Experts

The applicant shall notify Council’s Natural Resources Unit the details of the engaged Project Ecologist, Arborist, Bushfire Consultant and Bush Regenerator that will be involved with the environmental protection works during the construction of the approved development. These environmental experts will assist in ensuring compliance with the conditions of consent and provide monitoring reports to Council at various stages of the Project as identified with the forthcoming Construction Environment Management Plan and Integrated Bushfire and Vegetation Management Plan.

14.        Asset Protection Zones Marked Boundary

To ensure that the Asset Protection Zone requiring treatment is clearly defined as an area separate to retained trees and other native vegetation, the boundary of the Asset Protection Zone for bushfire protection shall be marked with permanent metal stakes to prevent fuel reduction activities and vegetation clearing from encroaching into native bushland and the riparian zone.  The engaged bushfire consultant shall confirm the locations of the APZ as specified within the Integrated Bushfire and Vegetation Management Plan.

15.        Primary Weed Control

Primary weed control measures as directed within the approved shall be implemented within the creek line prior to the release of the Construction Certificate. Weed removal works shall only be undertaken by a qualified and experienced bush regeneration company and certification provided to Council. The works shall be inspected by Council’s Bushland Biodiversity Team for approval.    

16.        Identification of Survey Marks

A registered surveyor must identify all survey marks in the vicinity of the proposed development.  Any survey marks required to be removed or displaced as a result of the proposed development shall be undertaken by a registered surveyor in accordance with Section 24 (1) of the Surveying and Spatial Information Act 2002 and following the Surveyor General’s Directions No.11 – "Preservation of Survey Infrastructure"

17.        Stormwater Drainage

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

a)         Connected directly to the proposed On Site Detention and WSUD system.

b)         All allotments are to be provided with a stormwater drainage pit, unless direct drainage to the internal or external roads is available.

c)         The proposed drainage system be piped to contain the 20 year Average Recurrence.

d)         The proposed discharge point is to be provided with a level spreader so that stormwater drainage is evenly dispersed.

18.        On Site Stormwater Detention/Water Saving Urban Design

An on-site stormwater detention (OSD) system and water saving urban design (WSUD) is to be constructed generally in accordance with the stormwater drainage report prepared by Storm Civil Engineers Project No 1824 dated May 2015 and the following requirements.

a)         Provision of a level spreader to control the discharge from the OSD and Bio Retention area;

b)         The proposed bio retention system is to be designed in accordance with Councils WSUD reference guide;

c)         Vegetation to be used within the bio retention area is to be planted at a minimum of 8 plants per square meter and  the plant species are to be in accordance with Councils WSUD reference guide;

d)         Where the depth of the bio retention OSD is greater than 0.3 metres, a ‘pool type’ safety fence and warning signs must be installed.

19.        Internal Driveway/Vehicular Areas

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

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

b)         The driveway be a rigid pavement.

c)         All lots are to be accessed from the proposed community title road except for proposed lot 101 which is accessed from the Pacific Highway.

d)         The driveway grade must not exceed 15.4% percent and all changes of grade are to have appropriate transitions or suitable vertical curves.

e)         A roll type kerb is to be provided on each side on the communal driveway..

f)          Retaining walls required to support the carriageway and the compaction of all fill batters to be in accordance with the requirements of a chartered structural engineer.

g)         The provision of safety rails where there is a level difference more than 0.3 metres and a 1:4 batter cannot be achieved.

h)         Conduit for utility services including electricity, water, gas and telephone be provided. All existing overhead assets including electricity and telecommunications cabling shall be relocated underground at no cost to Council.  A certificate from an appropriately licensed contractor shall be submitted to the principal certifying authority certifying that the service conduits have been installed in accordance with the relevant utility provider and Australian Standards.

20.        Vehicular Crossing

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

a)         Design levels at the front boundary must be obtained from Council for the design on the internal driveway(s);

b)         Any redundant crossings must be replaced with integral kerb and gutter;

c)         The footway area must be restored by turfing;

d)         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.

21.        Water Saving Urban Design

A Water Saving Urban Design (WSUD) is to be constructed generally in accordance with the engineering report and plans Storm Civil Engineers Project No 1824 dated May 2015. The Water Quality Targets as detailed within the report and Hornsby Shire Councils DCP are to be achieved in the design and supported by a MUSIC model.

22.        Construction Management Plan (CMP)

To assist in the protection of the public, the environment and Council’s assets, a separate Construction Management Plan is to be prepared by a suitably qualified environmental consultant in consultation with a qualified traffic engineer, is to be submitted to Council’s Compliance Team for approval to be used by workers and Council as on-site reference during demolition, excavation and construction works, according to the following requirements:-

a)         The CMP will detail the contact information for all development phases for developers, builder, site foremen, private certifier, environmental management consultant and any emergency details.

b)         The plan will include a Construction Traffic Management Plan (CTMP) which will include information detailing the following:-

i)          Truck movements to and from the site, including the routes used, swept path diagrams entering and exiting the site and implemented traffic control;

ii)          Site plan showing site sheds, concrete pump location and crane location;

iii)         The requirement for Work Zones, Road Openings, Road Closures, Crane Permits and Road Occupancy licenses;

iv)         Safe pedestrian management details including during local school and commuter hours where the footpath is heavily frequented.

c)         The plan will include Construction Waste Management information detailing the following:-

i)          Details on the requirement for importation or excavation of soil and fill including the waste classification of the fill, disposal methods and locations of authorised disposal depots that will be used for the fill;

ii)          Asbestos Information must be included on the requirement and procedures for removal and disposal from the site in accordance with Australian Standard: 2601–2001 – ‘The Demolition of Structures’, and the Protection of the Environment Operations (Waste) Regulation 2005;

iii)         General construction waste details including construction waste skip bin locations and litter management for workers.

d)         Information to be prepared on the management of stormwater disposal from any detention basin or trapped within the site throughout all development phases in accordance with the ANZECC Guidelines trigger values for the area.

e)         Sediment and Erosion control details including the procedures during rainfall events and site plans included within the Appendices, all in accordance with the ‘Soils and Construction 2004 (Bluebook)’ and consistent to other development application approved environmental plans.

f)          Information on air quality management on site, including but not limited to dust suppression measure throughout demolition and construction.

g)         Details on the general operating procedures to manage environmental risk throughout all stages of works on the site;

h)         To ensure the quality of Council’s footpath is maintained throughout the development, mitigation measures and information is to be included on procedures that will be implemented to keep the footpath clear and free of trip hazards and obstructions.

i)          Information and details to be included on the requirement of a ‘Hoarding Permit’ for the use of Council’s verge at any stage during the development period, a plan showing the location and details of the hoarding are to be included in the Appendices.

j)          Details on the requirement for any ‘Out of Hours’ permits during the development in cases such as concrete pours including the frequency and reasoning for the applications.

k)         Noise and vibration control information to address any noise nuisances such as rock sawing or breaking, the mitigation methods implemented and how complaints will be managed or prevented.

23.        Excavation

A detailed geotechnical assessment of the site by a chartered structural engineer is to be undertaken for the design of the subdivision, in accordance with the recommendations of the Geotechnical Assessment prepared by Marten Consulting Engineers dated March 2016.

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

24.        Erection of Construction Sign

a)         A sign must be erected in a prominent position on any site on which any approved work is being carried out:

i)          Showing the name, address and telephone number of the principal certifying authority for the work;

ii)          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

iii)         Stating that unauthorised entry to the work site is prohibited.

b)         The sign is to be maintained while the approved work is being carried out and must be removed when the work has been completed.

25.        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; and/or

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.

26.        Toilet Facilities

a)         To provide a safe and hygienic workplace, toilet facilities must be available or be installed 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.

b)         Each toilet must:

i)          be a standard flushing toilet connected to a public sewer; or

ii)          be a temporary chemical closet approved under the Local Government Act 1993; or

iii)         have an on-site effluent disposal system approved under the Local Government Act 1993.

27.        Erosion and Sediment Control

To protect the water quality of the downstream environment, 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.

28.        Installation of Tree Protection

a)         All trees retained on site must have tree protection measures for the ground, trunk and canopy installed in accordance with the Australian Standard ‘Protection of Trees on Development Sites (AS 4970-2009).

b)         Tree protection zone fencing must be erected around trees numbered 1, 7-11, 13-16, 21-26, 39, 40, 42, 44-46, 48-49 and 55-58 as specified in the Arboricultural Impact Assessment prepared by Guy Paroissien dated 15 March 2016.

29.        Tree Protection Zone Ground Protection

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

30.        Tree Protection Certification

A certificate from the project arborist must be submitted to the Principal Certifying Authority and Council stating compliance with the relevant tree protection conditions of this consent.

REQUIREMENTS DURING CONSTRUCTION

31.        Detailed Contamination Report and Remedial Action Plan

Prior to the commencement of any civil works on the site a detailed investigation of the proposed development site must be prepared by a suitably qualified environmental consultant. Such investigation must be undertaken in accordance with NSW Environment Protection Authority’s Contaminated Sites – Guidelines for Consultants Reporting on Contaminated Sites and Contaminated Sites – Sampling Design Guidelines.

A Remedial Action Plan (RAP) must be prepared by a suitably qualified environmental consultant and submitted to Council should the detailed investigation reveal contamination exceeding criteria prescribed by the NSW Environment Protection Authority’s Contaminated Sites – Guidelines for the NSW Site Auditor Scheme.

32.        Construction Work Hours

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

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

33.        Demolition

To protect the surrounding environment, 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; and

b)         Demolition works, where asbestos material is being removed, must be undertaken by a contractor that holds an appropriate licence issued by SafeWork NSW in accordance with the Work Health and Safety Regulation 2017 and be appropriately transported and disposed of in accordance with the Protection of the Environment Operations (Waste) Regulation 2014; and

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

34.        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.

35.        Street Sweeping

To protect the surrounding environment, Street sweeping must be undertaken following sediment tracking from the site along Judith Avenue 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.

36.        Works Near Trees

a)         Maintaining Tree Health

The project arborist must monitor and record any necessary remedial actions for maintaining tree health and condition required for trees numbered 1, 7-11, 13-16, 21-26, 39, 40, 42, 44-46, 48-49 and 55-58.

b)         Maintenance and Monitoring of Tree protection

The appointed project arborist must monitor and record all changes or modifications to required tree protection measures for the period of construction.

37.        Works Within Tree Protection Zones - Trees Numbered: 7-9, 11, 13-16, 23, 28 and 55

a)         Root Pruning

All Root pruning must be recorded and undertaken as specified in Australian Standard AS 4970-2009 Sections 3.3.4, 4.5.4 and 4.5.5. Add Project Arborist.

b)         Driveway/Concrete Slabs (no-strip footing)

i)          A New driveway must be constructed above grade using sensitive methods such as piers or screw pilings to minimise compaction within the tree protection zone.

ii)          All imported material must be distributed by hand.

c)         Deck/House Foundation/Footings

New foundation/footing must provide a 100mm clearance above soil and be of sensitive construction techniques such as screw pilings or piers, cantilevered or suspended slab design.

d)         Excavation

Any necessary excavation must be undertaken by sensitive methods such as pneumatic or by hand as prescribe in AS 4970-2007 Sections 4.5.5.

e)         Changing of Grade (minor/major)

Existing grade must be retained within the TPZ of all trees being retained.

f)          Installing Services

i)          The installation of all services which enter or transects a designated TPZ must utilise sensitive methods of installation such as directional drilling or in manually excavated trenches.

ii)          The process must be monitored by the project arborist to assess the likely impacts of boring and bore pits on retained trees.

iii)         For manual excavation of trenches the project arborist must advise on roots to be retained and must monitor the works.  Manual excavation may include the use of pneumatic and hydraulic tools. Refer Clause 4.5.3.

38.        Building Materials and Site Waste (Minor/Major)

The filling or stockpiling of building materials, the parking of vehicles or plant, the disposal of cement slurry, waste water or other contaminants must be located outside the tree protection zones as prescribed in the conditions of this consent or the prescriptive measures of Part 1B.6.1 Tree Preservation of the Hornsby Development Control Plan 2013, of any tree to be retained.

39.        Works Near Trees Certification

The project arborist must submit to the principal certifying authority on a monthly a certificate that the works have been carried out in compliance with the approved plans and specifications for tree protection.  Certification should include a statement of site attendance, the condition of the retained trees, details of any deviations from the approved tree protection measures and their impacts on trees.  Copies of monitoring documentation may be required.

40.        Bushland and Watercourse Protection

All works shall comply with the approved Construction Environment Management Plan AND Integrated Bushfire and Vegetation Management Plan.

Monitoring reports shall be prepared by the Project Ecologist during critical stages of the construction works as identified within the Schedule of Works contained within the approved Construction Environment Management Plan.    

A qualified and experienced bushfire consultant shall tag the trees approved for removal as part of the Asset Protection Zone. Bushland protection and sediment control fencing type and location (as specified in the Construction Environment Management Plan) shall be maintained and remain in place during the entire period of the construction works. 

41.        Removal of Hollow Bearing Trees

Prior to the approved removal of hollow bearing trees the Project Ecologist is to carry out the following actions to prevent harm to native wildlife:

a)         Capture wildlife from the hollows with traps set at a minimum one or two nights prior to tree removal.  Any wildlife captured shall be relocated locally into a nesting box. 

b)         Arrange for a Wildlife Carers Organisation to be present on site during tree felling to assist in the event of fauna injury due to the presence of tree hollows that provide habitat for native fauna.

c)         Ensure the trees are removed in sections by a qualified Tree Surgeon just prior to dusk when roosting animals would be alert and likely to disperse ‘naturally’ from the site.  Ensure that trees are knocked several times (with a hammer etc.) to alert any roosting animals of the possibility of danger.  Ensure that all tree hollows are be examined prior to and immediately after their removal to ensure roosting animals are free from danger. 

Information Note: WIRES (Wildlife Rescue) volunteers can be contacted on (02) 8977 3333 or Wildlife Services Sydney Metropolitan volunteers can be contacted on (02) 9413 4300. Information on animal nesting boxes can be gained from WIRES, Kalkari Information Centre in Ku-Ring-Gai Chase National Park, or Birds Australia web site – www.birdsaustralia.com.au

42.        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.

43.        Construction Management Plan Compliance

The development must be carried out in accordance with the submitted and approved construction management plan.

44.        Landfill

Landfill must be constructed in accordance with Council’s ‘Construction Specification 2005’ and the following requirements:

a)         Prior to fill material being imported to the site, a certificate shall be obtained from a suitably qualified environmental consultant confirming the fill wholly consists of Virgin Excavated Natural Material (VENM) as defined in Schedule 1 of the Protection of the Environment Operations Act, 1997 or 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 suitably qualified geotechnical engineer verifying that the specified compaction requirements have been met.

c)         These certificates must be included with the application for an occupation certificate.

45.        Excavated Material

       All excavated material removed from the site must be classified by a suitably qualified person 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 be reported to the principal certifying authority prior to the issue of an Occupation Certificate.

46.        Waste Management

All work must be carried out in accordance with the approved waste management plan.

REQUIREMENTS PRIOR TO THE ISSUE OF A SUBDIVISION CERTIFICATE

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

47.        Sydney Water – s73 Certificate

A s73 Certificate must be obtained from Sydney Water and submitted to the PCA..

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.

48.        Certification of WSUD Facilities

Prior to the issue of a Subdivision Certificate a certificate from a Civil Engineer is to be obtained stating that the WSUD facilities have been constructed and will meet the water quality targets as specified in the Hornsby Shire Councils DCP.

49.        Damage to Council Assets

To protect public property and infrastructure, any damage caused to Council’s assets as a result of the construction or demolition of the development must be rectified by the applicant in accordance with Council’s Civil Works Specifications. Rectification works must be undertaken prior to the issue of an Occupation Certificate, or sooner, as directed by Council.

50.        Creation of Easements

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

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

b)         The creation of an appropriate "Positive Covenant" and "Restriction as to User" over the constructed on-site detention/retention systems and bio retention area, in favour of Council in accordance with Council’s prescribed wording.  The position of the on-site detention and bio retention system is to be clearly indicated on the title;

c)         To register the OSD easement, the restriction on the use of land “works-as-executed” details of the on-site-detention system and bio retention must be submitted verifying that the required storage and discharge rates have been constructed in accordance with the design requirements.  The details must show the invert levels of the on site system together with pipe sizes and grades.  Any variations to the approved plans must be shown in red on the “works-as-executed” plan and supported by calculations;

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

51.        Retaining Walls

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

52.        Works as Executed Plan

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

53.        Site Remediation Verification

Where a RAP is required as in Condition No. 40, the applicant must provide documentation from a suitably qualified environmental consultant verifying that the site has been remediated in accordance with the NSW Environment Protection Authority’s Contaminated Sites – Guidelines for Consultants Reporting on Contaminated Sites, the Contaminated Sites - Sampling Design Guidelines Contaminated Sites – Guidelines for the NSW Site Auditor Scheme and the recommendations of the approved Remedial Action Plan.

54.        Naming of Private Roads

The proposed name of the community title road must be submitted to Council for approval.

Note:  The Geographical Names Board provides guidelines for the naming of roads at: www.gnb.nsw.gov.au.

55.        Preservation of Survey Marks

A certificate by a Registered Surveyor must be submitted to the Principal Certifying Authority, certifying that there has been no removal, damage, destruction, displacement or defacing of the existing survey marks in the vicinity of the proposed development or otherwise the re-establishment of damaged, removed or displaced survey marks has been undertaken in accordance with the Surveyor General’s Direction No.11 – “Preservation of Survey Infrastructure”.

56.        Construction of engineering works.

All engineering works identified in this consent are to be completed and a Compliance Certificate issued prior to the release of the Occupation Certificate or Subdivision Certificate

STAGE THREE – LOT 1 (Community Lot) & LOTS 2-11

57.        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 2014-2024, the following monetary contributions must be paid to Council to cater for the increased demand for community infrastructure resulting from the development:

Description

Contribution (4)

Roads

$7,609.88

Open Space and Recreation

$52,167.20

Community Facilities

$20,054.64

Plan Preparation and Administration

$168.28

TOTAL

$80,000.00

 

being for 10 residential lots and including a credit of six existing residential lots.

b)         The value of this contribution is current as at 10 October 2017. If the contribution is not paid within the financial quarter that this condition was generated, the contribution 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 contribution must 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.

Note: 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

58.        Building Code of Australia

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

59.        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.

60.        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 for any works near or within the adjacent public roads. This plan is to be submitted with any application for construction within the public road. 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; and

f)          Pedestrian and cyclist access/safety.

61.        Identification of Survey Marks

A registered surveyor must identify all survey marks in the vicinity of the proposed development.  Any survey marks required to be removed or displaced as a result of the proposed development shall be undertaken by a registered surveyor in accordance with Section 24 (1) of the Surveying and Spatial Information Act 2002 and following the Surveyor General’s Directions No.11 – "Preservation of Survey Infrastructure". 

62.        Stormwater Drainage

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

a)         Connected directly to the proposed On Site Detention and WSUD system.

b)         All allotments are to be provided with a stormwater drainage pit, unless direct drainage to the internal or external roads is available.

c)         The proposed drainage system be piped to contain the 20 year Average Recurrence.

d)         The proposed discharge point is to be provided with a level spreader so that stormwater drainage is evenly dispersed.

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

63.        Erection of Construction Sign

a)         A sign must be erected in a prominent position on any site on which any approved work is being carried out:

i)          Showing the name, address and telephone number of the principal certifying authority for the work;

ii)          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

iii)         Stating that unauthorised entry to the work site is prohibited.

b)         The sign is to be maintained while the approved work is being carried out and must be removed when the work has been completed.

64.        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; and/or

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.

65.        Toilet Facilities

a)         To provide a safe and hygienic workplace, toilet facilities must be available or be installed 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.

b)         Each toilet must:

i)          be a standard flushing toilet connected to a public sewer; or

ii)          be a temporary chemical closet approved under the Local Government Act 1993; or

iii)         have an on-site effluent disposal system approved under the Local Government Act 1993.

66.        Erosion and Sediment Control

To protect the water quality of the downstream environment, 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.

67.        Installation of Tree Protection

a)         All trees retained on site must have tree protection measures for the ground, trunk and canopy installed in accordance with the Australian Standard ‘Protection of Trees on Development Sites (AS 4970-2009).

b)         Tree protection zone fencing must be erected around trees numbered 1, 7-11, 13-16, 21-26, 39, 40, 42, 44-46, 48-49 and 55-58 as specified in the Arboricultural Impact Assessment prepared by Guy Paroissien dated 15 March 2016.

68.        Tree Protection Zone Ground Protection

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

69.        Tree Protection Certification

A certificate from the project arborist must be submitted to the Principal Certifying Authority and Council stating compliance with the relevant tree protection conditions of this consent.

REQUIREMENTS DURING CONSTRUCTION

70.        Construction Work Hours

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

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

71.        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.

72.        Street Sweeping

To protect the surrounding environment, Street sweeping must be undertaken following sediment tracking from the site along Judith Avenue 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.

73.        Works Near Trees

a)         Maintaining Tree Health

The project arborist must monitor and record any necessary remedial actions for maintaining tree health and condition required for trees numbered 1, 7-11, 13-16, 21-26, 39, 40, 42, 44-46, 48-49 and 55-58.

b)         Maintenance and Monitoring of Tree protection

The appointed project arborist must monitor and record all changes or modifications to required tree protection measures for the period of construction.

74.        Works Within Tree Protection Zones - Trees Numbered: 7-9, 11, 13-16, 23, 28 and 55

a)         Root Pruning

All Root pruning must be recorded and undertaken as specified in Australian Standard AS 4970-2009 Sections 3.3.4, 4.5.4 and 4.5.5. Add Project Arborist.

b)         Driveway/Concrete Slabs (no-strip footing)

i)          A New driveway must be constructed above grade using sensitive methods such as piers or screw pilings to minimise compaction within the tree protection zone.

ii)          All imported material must be distributed by hand.

c)         Deck/House Foundation/Footings

New foundation/footing must provide a 100mm clearance above soil and be of sensitive construction techniques such as screw pilings or piers, cantilevered or suspended slab design.

d)         Excavation

Any necessary excavation must be undertaken by sensitive methods such as pneumatic or by hand as prescribe in AS 4970-2007 Sections 4.5.5.

e)         Changing of Grade (minor/major)

Existing grade must be retained within the TPZ of all trees being retained.

f)          Installing Services

i)          The installation of all services which enter or transects a designated TPZ must utilise sensitive methods of installation such as directional drilling or in manually excavated trenches.

ii)          The process must be monitored by the project arborist to assess the likely impacts of boring and bore pits on retained trees.

iii)         For manual excavation of trenches the project arborist must advise on roots to be retained and must monitor the works.  Manual excavation may include the use of pneumatic and hydraulic tools. Refer Clause 4.5.3.

75.        Building Materials and Site Waste (Minor/Major)

The filling or stockpiling of building materials, the parking of vehicles or plant, the disposal of cement slurry, waste water or other contaminants must be located outside the tree protection zones as prescribed in the conditions of this consent or the prescriptive measures of Part 1B.6.1 Tree Preservation of the Hornsby Development Control Plan 2013, of any tree to be retained.

76.        Works Near Trees Certification

The project arborist must submit to the principal certifying authority on a monthly a certificate that the works have been carried out in compliance with the approved plans and specifications for tree protection.  Certification should include a statement of site attendance, the condition of the retained trees, details of any deviations from the approved tree protection measures and their impacts on trees.  Copies of monitoring documentation may be required.

77.        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.

78.        Construction Management Plan Compliance

The development must be carried out in accordance with the submitted and approved construction management plan.

79.        Landfill

Landfill must be constructed in accordance with Council’s ‘Construction Specification 2005’ and the following requirements:

a)         Prior to fill material being imported to the site, a certificate shall be obtained from a suitably qualified environmental consultant confirming the fill wholly consists of Virgin Excavated Natural Material (VENM) as defined in Schedule 1 of the Protection of the Environment Operations Act, 1997 or 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 suitably qualified geotechnical engineer verifying that the specified compaction requirements have been met.

c)         These certificates must be included with the application for an occupation certificate.

80.        Excavated Material

All excavated material removed from the site must be classified by a suitably qualified person 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 be reported to the principal certifying authority prior to the issue of an Occupation Certificate.

81.        Waste Management

All work must be carried out in accordance with the approved waste management plan.

REQUIREMENTS PRIOR TO THE ISSUE OF A SUBDIVISION CERTIFICATE

82.        Sydney Water – s73 Certificate

A s73 Certificate must be obtained from Sydney Water and submitted to the PCA..

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.

83.        Damage to Council Assets

To protect public property and infrastructure, any damage caused to Council’s assets as a result of the construction or demolition of the development must be rectified by the applicant in accordance with Council’s Civil Works Specifications. Rectification works must be undertaken prior to the issue of an Occupation Certificate, or sooner, as directed by Council.

84.        Creation of Easements

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

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

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

85.        Retaining Walls

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

86.        Works as Executed Plan

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

87.        Preservation of Survey Marks

A certificate by a Registered Surveyor must be submitted to the Principal Certifying Authority, certifying that there has been no removal, damage, destruction, displacement or defacing of the existing survey marks in the vicinity of the proposed development or otherwise the re-establishment of damaged, removed or displaced survey marks has been undertaken in accordance with the Surveyor General’s Direction No.11 – “Preservation of Survey Infrastructure”.

88.        Construction of engineering works.

All engineering works identified in this consent are to be completed and a Compliance Certificate issued prior to the release of the Occupation Certificate or Subdivision Certificate

89.        Weed Control and Asset Protection Zone Maintenance

To ensure that exotic weeds and lawn do not become invasive in the bushland on the site the following shall apply:

a)         All works shall comply with the approved Construction Environment Management Plan AND Integrated Bushfire and Vegetation Management Plan.

b)         A concise monitoring report prepared by the Project Ecologist shall be provided to Council’s Natural Resources Unit certifying that the works have complied with the approved plans and describing any remedial actions undertaken where necessary. 

90.        Restriction as to User – Vehicular Access Pacific Highway

To inform current and future owners that vehicular access to the Pacific Highway is not available, a Restriction as to User must be created under Section 88B of the Conveyancing Act, 1919 on the title of Lots 2, 3, 4, 5, 6, 7 and 8, to deny vehicular access to the Pacific Highway.

Note:  The wording of the Restriction as to User must be to Council’s satisfaction and Council must be nominated as the authority to release, vary or modify the Restriction.

91.        Maintain Canopy Cover

a)         A minimum of 20 trees must be planted and must be species selected from the Council’s Indigenous species listing located in the Hornsby Shire DCP Tree Preservation Measures 1B.6 Table 1B.6(b) such as Angophora costata, Angophora floribunda, Eucalyptus racemose.

b)         Location and Size of Plantings

i)          Replacement Trees for must be located in front or rear setbacks and setback 4 metres or greater from the foundation walls of the approved development.

ii)          The pot size of the replacement tree(s) must be a minimum 25 litres and replacement tree(s) must be maintained until they reach the height of 3 metres. 

iii)         The replacement trees must reach a mature height greater than 15 metre.

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

v)         Planting methods must meet professional (best practice) industry standards

c)         The suitably qualified person holding a Certificate III in Horticulture must submit to the principal certifying authority a statement confirming all landscaping requirements has been completed in accordance with approved landscape plans and conditions of consent.

92.        Completion of Landscaping

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

93.        Warning Sign

Appropriate warning signs are to be erected to warn persons near the top of the cliff area.

94.        Boundary Fencing

a)         The common boundaries of the site within the R2 Low Density Residential zone must be fenced with 1.8m high fencing at nil cost to the neighbouring property owner. 

b)         Permanent 1.8m high post markers @ 10m intervals are to delineate the common boundaries of the site where the land is within the E3 Environmental Management zone.

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

OPERATIONAL CONDITIONS

95.        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).

GENERAL TERMS OF APPROVAL – NSW RURAL FIRE SERVICE

The following conditions of consent are General Terms of Approval from the nominated State Agency pursuant to Section 91A of the Environmental Planning and Assessment Act 1979 and must be complied with to the satisfaction of that Agency.

96.        Asset Protection Zones

96.1      At the issue of a subdivision certificate, and in perpetuity, Lot 1 shall be managed as an inner protection area (IPA) and outer protection area (OPA) as shown in the diagram on page 2 of the letter prepared by Advanced Bushfire Performance Solutions dated 4 April 2017. This should be as outlined within section 4.1.3 and Appendix 5 of ‘Planning for Bush Fire Protection 2006’ and the NSW Rural Fire Service’s document ‘Standards for asset protection zones’.

Community title documentation for the subdivision should include appropriate provisions for the ongoing management of the land as required.

96.2      At the issue of a subdivision certificate, and in perpetuity, the entirety of Lots 2 to 12 shall be managed as an inner protection area (IPA) as outlined within section 4.1.3 and appendix 5 of ‘Planning for Bush Fire Protection 2006’ and the NSW Rural Fire Service’s document ‘Standards for asset protection zones’.

96.3      At the issue of a subdivision certificate, suitable instruments shall be created pursuant to Section 88 of the Conveyancing Act 1919 to prohibit the construction of a residential dwelling on the proposed lots as follows:

·      To the north or west of the setback lines on Lot 2;

·      To the west setback lines on Lots 3 and 4;

·      To the north of the setback lines on Lot 10;

·      To the north and west of the setback lines on Lot 11; and

·      To the west of the setback lines on Lot 12,

as shown on drawing titled ‘Plan illustrating Proposed Lots and Staging’ with reference ‘15360 JUDITH’ and dated 24/07/2017.

Hornsby Council shall be nominated as the prescribed authority for variation or removal of the instruments.   

97.        Water and Utilities

The provision of water, electricity and gas shall comply with section 4.1.3 of ‘Planning for Bush Fire Protection 2006’.

98.        Access

The proposed access road shall comply with Section 4.1.3 (1) of ‘Planning for Bush Fire Protection 2006’.

CONDITIONS OF CONCURRENCE – ROADS AND MARITIME SERVICES

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

99.        Roads and Maritime Services

99.1      Roads and Maritime require the proponent to construct kerb and gutter on Pacific Highway. The design and construction of the kerb and gutter on Pacific Highway shall be in accordance Road and Maritime requirements. Details of these requirements should be obtained from Roads and Maritime Services, Manager Developer Works, Statewide Delivery, Parramatta (telephone 9598 7798).

            Detailed design plans of the proposed kerb and gutter are to be submitted to Roads and Maritime for any subdivision certificate.

            A plan checking fee (amount to be advised) and lodgement of a performance bond may be required from the applicant prior to the release of the approved road design plans by Roads and Maritime.

99.2      Should there be changes to stormwater discharge onto Pacific Highway then detailed design plans and hydraulic calculations of eth stormwater drainage system are to be submitted to Roads and Maritime for approval, prior to the commencement of any works.

            A plan checking fee will be payable and a performance bond may be required before Roads and Maritime’s approval is issued. With regard to the Civil Works requirement please contact the Roads and Maritime’s Project Engineer, External Works Ph: 8849 2114.

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

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

- END OF CONDITIONS –

ADVISORY NOTES

The following information is provided for your assistance to ensure compliance with the Environmental Planning and Assessment Act, 1979, Environmental Planning and Assessment Regulation 2000, other relevant legislation and Council’s policies and specifications.  This information does not form part of the conditions of development consent pursuant to Section 80a of the Act.

Environmental Planning and Assessment Act 1979 Requirements

The Environmental Planning and Assessment Act 1979 requires:

·              The issue of a construction certificate prior to the commencement of any works.  Enquiries can be made to Council’s Customer Services Branch on 9847 6760.

·              A principal certifying authority to be nominated and Council notified of that appointment prior to the commencement of any works.

·              Council to be given at least two days written notice prior to the commencement of any works.

·              Mandatory inspections of nominated stages of the construction inspected.

·              An occupation certificate to be issued before occupying any building or commencing the use of the land.

Long Service Levy 

In accordance with Section 34 of the Building and Construction Industry Long Service Payments Act 1986, a ‘Long Service Levy’ must be paid to the Long Service Payments Corporation or Hornsby Council.

Note:  The rate of the Long Service Levy is 0.35% of the total cost of the work.

Note:  Hornsby Council requires the payment of the Long Service Levy prior to the issue of a construction certificate.

Covenants

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

Subdivision Certificate Requirements

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

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

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

·             The proposed subdivision is to be in accordance Community Land Development Act 1989.

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

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

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

Fees and Charges – Subdivision

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

Dial Before You Dig

Prior to commencing any works, the applicant is encouraged to contact Dial Before You Dig on 1100 or www.dialbeforeyoudig.com.au for free information on potential underground pipes and cables within the vicinity of the development site.

Telecommunications Act 1997 (Commonwealth)

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

 

 

 


 

Group Manager’s Report No. PL47/17

Planning Division

Date of Meeting: 8/11/2017

 

7        DEVELOPMENT APPLICATION - TOWNHOUSE DEVELOPMENT COMPRISING 17 DWELLINGS - 497 - 501 PACIFIC HIGHWAY, MOUNT COLAH   

 

 

EXECUTIVE SUMMARY

DA No:

DA/706/2017 (Lodged on 6 July 2017)

Description:

Demolition of existing structures and construction of a two-storey, multi dwelling housing development with attics comprising 17 townhouses over a basement carpark.

Property:

Lot 6 DP 1003238, Nos. 497 – 501 Pacific Highway, Mount Colah

Applicant:

Australian Consulting Architects Pty Ltd

Owner:

Mrs Giuseppina Fonti, Mr Givanni Fonti, Mr Andrew Werner Hartmann, Mr Mark-Anthony Basha

Estimated Value:

$5,764,858

 

·              The application involves demolition of existing structures and construction of a two-storey, multi dwelling housing development with attics comprising 17 townhouses over a basement carpark.

·              The proposal generally complies with the Hornsby Local Environmental Plan 2013 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 Development Application No. DA/706/2017 for demolition of existing structures and construction of 17, two-storey townhouses with attics over a basement carpark at Lot 6 DP 1003238, Nos. 497 – 501 Pacific Highway, Mount Colah be approved subject to the conditions of consent detailed in Schedule 1 of Group Manager’s Report No. PL47/17.

 

 

 

 

BACKGROUND

The subject land was rezoned from Residential A (Low Density) to R3 (Medium Density Residential) on 2 September 2011 as part of Council’s Housing Strategy.

On 21 February 2017, a pre-lodgement meeting was held between the applicant and Council officers for a development comprising 19 townhouses with attics over a basement car park. Design changes were recommended to achieve adequate setbacks, deep soil planting, private open space and a development presenting to both street frontages.

On 6 July 2017, a development application was lodged proposing construction of 17 two storey townhouses with attics over a common basement carpark. This application is the subject of this report.

Following an initial assessment of the application, a request for additional information was made on 16 August 2017 for minor amendments to the stormwater plan and waste bin storage areas.

An amended stormwater plan was received by Council on 18 August 2017 addressing the stormwater matters raised by Council. An amended site plan was received by Council on 28 August 2017 addressing waste matters.

The adjacent northern site, comprising Nos.503 to 505 Pacific Highway, Mount Colah is also subject to a development application for the erection of 13 townhouses over basement car parking. This application was approved by Council at its meeting on 11 October 2017.

SITE

The site comprises three allotments located on the western side of the Pacific Highway at the corner of Rupert Street. The site has an area of 2,524.4m2, with a frontage of 57m to the Pacific Highway and 43m to Rupert Street. The site falls from the northern boundary to Rupert Street on the southern boundary with an average grade of 6%.

Existing improvements on the site include three dwelling-houses with associated garages, with access off the Pacific Highway and Rupert Street via existing driveways. The site accommodates 23 trees including 2 locally native and 21 exotic species.

The site is located approximately 1.1km north of Asquith Railway Station and the Asquith Commercial Centre. The surrounding area includes low density single and two storey residential dwellings on both sides of the Pacific Highway and forms part of a redevelopment precinct zoned for two storey townhouse style developments which is undergoing transition. The western boundary of the site adjoins an allotment zoned R2 Low Density Residential containing a single storey dwelling house.

PROPOSAL

The application proposes the demolition of the existing structures, lot consolidation and construction of a two-storey multi dwelling housing development with attics comprising 17 townhouses. Car parking is proposed within a single level basement with the driveway access from Rupert Street.

The development has been designed to present to both street frontages. Two rows of 6 town houses are sited parallel to the Pacific Highway. One row of 5 town houses is sited parallel to Rupert Street. The unit configuration includes 13 x 3 bedroom dwellings and 4 x 4 bedroom dwellings with ground level open space within the front, side and rear setbacks.

A common pedestrian entry is provided from the Pacific Highway with another from Rupert Street at the site’s south-western corner. Pedestrian access is also provided direct from the street for individual units fronting the Pacific Highway and Rupert Street.

A total of 38 car spaces are proposed within the basement, comprising 34 residential spaces in a stacked arrangement, 4 visitor spaces, bicycle and motorcycle parking. Individual access stairs from the basement level car spaces is proposed for eight of the dwellings. A lift would provide access from the basement to the communal open space area with paths and ramps to access dwellings.

The application proposes the removal of 23 trees from the site to accommodate the development.

ASSESSMENT

The development application has been assessed having regard to ‘A Plan for Growing Sydney’, the ‘Draft North District Plan’ 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 District Plan

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 and actions for accommodating Sydney’s future population growth and identifies dwelling targets to ensure supply meets demand.  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, Mosman, North Sydney, Ryde, Northern Beaches and Willoughby to form the North District. The Greater Sydney Commission has realised the draft North District Plan which includes priorities and actions for the Northern District for the next 20 years. The identified challenge for Hornsby Shire will be to provide an additional 4,350 dwellings by 2021 with further strategic supply targets to be identified to deliver 97,000 additional dwellings in the North District by 2036.

The proposed development would be consistent with ‘A Plan for Growing Sydney’ and ‘Draft North District Plan’ by providing 14 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 R3 Medium Density Residential under the HLEP.  The objectives of the zone are:

·              To provide for the housing needs of the community within a medium density residential environment.

·              To provide a variety of housing types within a medium density residential environment.

·              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 ‘multi dwelling housing’ and is permissible in the zone with Council’s consent. The proposal would increase the housing stock levels within the medium density residential precinct and is consistent with the objectives of the zone.

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 building height for the subject site is 10.5 metres. The proposal reaches a maximum building height of 10.5 metres and complies with this provision.

2.1.3     Heritage Conservation

Clause 5.10 of the HLEP sets out heritage conservation provisions for Hornsby Shire. The site does not include a heritage item and is not located in a heritage conservation area. Accordingly, no further assessment regarding heritage 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.

Council’s assessment of the proposed earthworks and excavation concludes that the proposal is satisfactory subject to conditions regarding submission of a dilapidation report assessing the impact of the excavation on the adjoining properties. A condition requires that excavated material removed from the site must be classified by a suitably qualified person in accordance with the Department of Environment, Climate Change and Water NSW Waste Classification Guidelines prior to disposal to an approved waste management facility. A further condition requires certification be obtained from a suitable qualified environmental consultant confirming all fill imported to the site consists of Virgin Excavated Natural Material (VENM).

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

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 site contamination. Given this, the site would be suitable for the proposed use and no further assessment in relation to SEPP 55 is required.

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 (Infrastructure) 2007

This application has been assessed against the requirements of State Environmental Planning Policy (Infrastructure) 2007. This Policy contains State-wide planning controls for developments adjoining busy roads and railways. The development has frontage to a classified road corridor (Pacific Highway). The following matters are required to be considered pursuant to the SEPP (Infrastructure).

2.4.1     Development with Frontage to a Classified Road

The proposal has been assessed against the requirements of Clause 101 as the site has frontage to the Pacific Highway. The objective of this Clause is:

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

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

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

2.4.1.1  Frontage to Classified Road

The site has a frontage to the Pacific Highway and Rupert Street. The application proposes vehicular access to the basement carpark via Rupert Street. The proposal was referred to the Roads and Maritime Services (RMS) under the provisions of Section 138 of the Roads Act 1993. The RMS raised no objections to the proposal subject to recommended conditions of consent.

A Traffic and Parking Impact Assessment submitted with the proposal estimates the traffic generation from the existing site and proposed development using Roads and Maritime Services (RMS) traffic generation rates. It is anticipated that the proposed development will generate up to 11 vehicle movements during the AM and PM peak hours. The report states that the net traffic generation is estimated to be 8 vehicle trips per hour in the AM and PM peak hours due to the three existing dwellings on the site. The increase in traffic is negligible when compared with the traffic volumes on the adjacent road network.

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

Although peak hour traffic generation of the development may appear to be negligible when compared with the traffic volumes on the adjacent road network for this development alone, the cumulative traffic impacts of all sites earmarked for redevelopment in the precinct will be more significant. A number of traffic improvements for the Asquith precinct detailed in the HDCP have been included in the Section 94 contributions plan. This matter is discussed in further detail in Section 3.2.2 of this report.

It is considered that the proposed development would not have an adverse impact on the safety, efficiency and ongoing operation of the Pacific Highway.

2.4.1.2  Impact of Vehicle Emissions

The proposed development would have frontage to a State Road and the impact of vehicle emissions on sensitive land uses is required to be considered.

The current improvements on the site include dwelling houses that would currently be impacted upon by vehicle emissions and airborne dust particles due to the current traffic flow. The rezoning of the land to R3 - Medium Density Residential pursuant to Council’s Housing Strategy has been the subject of consultation with the RMS and endorsed by the Department of Planning, who have not raised concern with regard to air quality in this area.

The proposed development includes setbacks, landscaping, deep soil zones generally in accordance with the requirements of the Hornsby Shire Housing Strategy Development Control Plan which would ameliorate the impacts of noise and emissions. The proposed development would result in the net increase of 11 vehicles during peak hours and therefore, the additional impact due to vehicle emissions would be negligible.

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

The application is assessed as satisfactory in this regard.

2.4.2     Impact of Noise

Assessment of the impact of road noise on a residential use is required pursuant to Clause 102 of SEPP Infrastructure where a development fronts a road with an annual average daily traffic volume of more than 40,000 vehicles. The subject site has a frontage to Pacific Highway where the average daily traffic volume on the Pacific Highway in the vicinity of the site does not exceed 40,000 vehicles. Notwithstanding, it is appropriate to ensure reasonable acoustic amenity is achieved for future residents within the development.

A condition is recommended for an Acoustic Report to be prepared by a suitably qualified consultant detailing any specific measures (such as upgrades to windows, doors, walls and roofs) to ensure the development is constructed to satisfy the noise levels required by Clause 102 of the State Environmental Planning Policy (Infrastructure) 2007 and the NSW Department of Planning’s Development Near Rail Corridors and Busy Roads – Interim Guideline. A further condition is recommended for an Acoustic Consultant to certify that the measures recommended with the report are implemented prior to an Occupation Certificate. Subject to this condition, the proposal would provide reasonable acoustic amenity for future residents and is acceptable.

2.4.3     Traffic Generating Developments

The development is not classified as a Traffic Generating Development in accordance with Clause 104 and Schedule 3 of SEPP Infrastructure as it would not result in more than 75 dwellings fronting a classified road.

2.5        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.

 

2.6        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.

2.7        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

43m

30m

Yes

Height

10.5m

10.5m

Yes`

No. storeys

2 storeys + attic

2 storeys + attic

Yes

Height of Basement Above Ground

1m

1m (max)

Yes

Roof pitch

25 degrees

 25 degrees (max)

Yes

Dormer Windows

Max. width

Min. separation

 

1.8m

>2m

 

2m (max)

2m

 

Yes

Yes

Front Setback (east)

9m

9m

Yes

Balcony encroachment (east)

1.6m

1.6m

Yes

Front Setback (south)

7.6m

7.6m

Yes

Balcony encroachment (south)

1.6m

1.6m

Yes

Side Setback (north)

3m

3m

Yes

Side Setback (west)

6m

6m

Yes

Separation between townhouses

2.4-8m

6-12m

No

Underground Parking Setback

7.4m (east)

6m (south)

4.4m (west)

3m (north)

6m-front

6m front

4m-rear

3m-side

Yes

Yes

Yes

Yes

Basement Ramp Setback

6m

2m

Yes

Deep Soil Landscaped Areas

6m(east)

6m (south)

4.4-6m (west)

3m (north)

6m-front

6m-front

4m-rear

3m-side

Yes

Yes

Yes

Yes

Principle Private Open Space with minimum dimension 3m

24m2

Min. 24m2

Yes

Parking

34 resident spaces

4 visitor space

6 bicycle racks

1 motorbike space

34 resident spaces

4 visitor spaces

6 bicycle racks

 1 motorbike space

Yes

Yes

Yes

Yes

Solar Access

70.5% (12/17)

70% receive 3 hours

Yes

Housing Choice

1br – 0%

2br – 0%

3br – 76%(13/17)

4br – 24%(4/17)

1br – 10%

2br – 10%

3br – 10%

N/A

No

No

Yes

N/A

Adaptable Units

11% (2/17)

10%

Yes

As detailed in the above table, the proposed development does not comply with the dwelling mix and separation 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.

2.7.1     Desired Future Character

The proposed development is generally in accordance with the desired future character for the area for well-articulated two-storey multi dwelling houses with attics and residential flat buildings in garden settings with basement car parking, pitched roofs with wide eaves and additional floor area within the roof space.

2.7.2     Site Requirements

The proposal satisfies the HDCP requirement for sites to have a minimum frontage of 30 metres. The consolidation of three lots is appropriate to achieve the minimum site frontage.

The development would not result in isolation of any site, as Nos. 503 and 505 Pacific Highway to the north of the site has been approved (under DA/306/2017) for the erection of 13 townhouses over basement car parking. The site is bounded by the Pacific Highway to the east, Rupert Street to the south and adjoins land zoned R2 Low Density Residential to the west.

2.7.3     Height

The proposal reaches a maximum height of 10.5 metres, comprising a built form of two storeys with attics. The basement would not protrude more than 1m above natural ground level.

2.7.4     Roof and Attic Design

All dwellings incorporate attic levels that will provide additional floor space wholly within the dimensions of the roof. The proposal adopts a contemporary attic built form with a skillion roof and exposed gable end. The built form of the roof complies with the HDCP control that requires roof pitches to be less than 25 degrees.

The dwellings fronting the Pacific Highway contain a dormer window presenting to the street and a clerestory window within the skillion roof form orientated to the rear. The dwellings fronting Rupert Street take the opposite approach, with the clerestory window orientated to the street and dormer windows at the rear. The high sill windows within the attic are sufficiently recessed in the roof so as not to appear dominant from the street and provide articulation to the built form. The proposal provides for contemporary design and variety in the built form of the medium density developments within the precinct.

The proposed development is satisfactory in respect to roof design and the two-storey built form with attics.

2.7.5     Setbacks

The HDCP prescribes that developments with a corner frontage achieve front boundary setbacks to all street frontages and side boundary setbacks to all other boundaries. The setbacks are assessed under the relevant headings:

Front Setback (Pacific Highway)

The proposal has a primary frontage to the Pacific Highway where a 9m front setback control applies. The building line complies with this requirement. However, porch elements over entries marginally encroach into the setback area. These porch elements are minor protrusions to the building line and are acceptable as they provide appropriate articulation to the building. Balconies encroach up to a maximum 1.6m for a maximum of 50% of the building frontage in accordance with the HDCP requirements.

Front Setback (Rupert Street)

The building frontage to Rupert Street has a setback of 7.6m in accordance with the front setback requirements for local roads. Similar to the Pacific Highway frontage, porch elements marginally encroach however, this is assessed as acceptable as they provide articulation to the building. Balconies encroach up to a maximum 1.6m for a maximum of 50% of the building frontage in accordance with the HDCP requirements.

The external waste storage area would be setback 2m from Rupert Street and encroaches into the prescribed front setback. The waste storage area would be 3.2m wide (frontage to Rupert St), 7 metres deep and enclosed by a 1.8m high fence. Plantings within a 2m wide landscape verge along southern side of the enclosure would also provide screening from the street. The bin enclosure is a low scale structure and would not appear dominant in the streetscape when considered with respect to the scale of the overall development and the 43 metre frontage to Rupert Street. The waste storage area adjacent to Rupert Street would allow for direct access from Rupert Street for waste collection and is acceptable.

Side Setback (west)

The building is setback 6m from the western boundary which complies with the minimum 6m side setback provision for townhouses in the HDCP. External structures such as the common waste bin enclosure and a pedestrian ramp located within the south-western corner of the site encroach within the prescribed 6m setback area.

The pedestrian access ramp from Rupert Street would be setback 1.5m from the western side boundary and the waste storage area would be setback 2.8m from this boundary. Waste storage facilities are not listed as permissible encroachments in the HDCP, however pedestrian ramps are permitted to encroach to 2m from the side boundary where it adjoins a 2m wide landscape verge. A 1.5m wide landscape verge is provided along the western side boundary, being slightly less than the minimum 2m wide verge prescribed in the HDCP. Despite these minor non-compliances, appropriate plantings along the western boundary have been indicated in the landscape plan, which would screen the structures from the western adjoining properties and contribute to the landscape amenity of the site. The encroachments are in the form of low scale structures and would not appear excessive or dominant when viewed from surrounding areas.

Side Setbacks – North

The HDCP permits a 3m side setback where windows and openings are orientated toward the front and rear and not the side boundaries. There is a minor non-compliance with this requirement as Units 11 and 12 are setback 3m from the northern boundary and contain windows and openings orientated to this boundary. Further, a portion of the private open space for these units is along the northern boundary.

There would be no unreasonable privacy or amenity impact resulting from this minor non-compliance as the living room windows and open space are located at ground level. The landscape plan includes a screen of vegetation along the northern boundary which, combined with a 1.8m dividing fence, would minimise any privacy impact associated with this setback.

The approved town house development on the northern adjoining property at No. 503-505 Pacific Highway, includes an access driveway and two units along the southern elevation. The living room windows, openings and private open space for dwellings in this development are orientated to the front and rear and not the southern side boundary. Further, a 2-3m wide strip of land adjoining the southern side boundary is reserved for an onsite detention system for stormwater drainage and would not function as private open space for any of the units within the development. As a result, the location of windows and doors and a portion of private open space on the northern elevation of units 11 and 12 would not cause any unreasonable privacy or amenity issue between future residents of the respective town house developments.

2.7.6     Articulation

The proposal adopts an articulated form with both vertical and horizontal design elements. The use of varying building materials, strategically placed planters, protruding balconies, indentations and projections on the alignment of the external walls achieves an articulation and variety in the built form.

The materials and finishes proposed are contemporary in character and will be consistent with similar types of development within the Hornsby Shire. The range of materials also contributes to the articulation of the building and reduces the perceived bulk and massing of the development.

A physical break is provided between the two rows of townhouses parallel to the Pacific Highway and the townhouses fronting Rupert Street. This break is 2.4 – 4m wide for the depth of the site and provides for a pedestrian access path from the Pacific Highway. This design minimises the perceived building mass when viewed from the Pacific Highway and provides for articulation in the built form.

The HDCP prescribes wall planes of buildings should not exceed 6m in length for facades facing the street. Non-compliance is noted along the eastern elevation of unit 5 where a continuous building length of 14m is proposed. The façade includes an upper floor balcony, ground level deck, windows and openings and variety in the roof form, providing reasonable articulation to this façade. Further, the planting of 7 x Blue Berry Ash trees with a mature height 8m along the property boundaries near the corner of Rupert Street and Pacific Highway would provide for screening from the street. This proposal is acceptable with respect to the impact on the streetscape and the public domain.

2.7.7     Landscaping

The landscaping provisions of the HDCP prescribe that 4m - 6m wide landscaped areas be provided at the front and rear and 3m wide landscaped areas be provided along the side boundaries. Appropriate setbacks from boundaries would achieve deep soil areas, with a >6m wide landscape verge along the two street frontages, a minimum 4m wide landscape area along the western boundary and 3m wide landscape area along the northern side boundary.

There is a minor incursion to the deep soil area at the south-western corner of the site, adjacent to Rupert Street with the location of a pedestrian access ramp and bin enclosure within the 4 metre deep soil area. This is a minor encroachment and would not compromise the landscape setting of the site. A 1.5m landscape verge is maintained between the access ramp and the western side boundary, with the plantings of 5 x Blue Berry Ash Trees along this boundary as indicated on the landscape plan.

The proposal does not provide a 4m wide landscaped strip with a minimum 2m dimension in between the three buildings. Landscaping opportunities are limited in this section due to provision for access paths, ramps, a common lift and small courtyards for dwellings. The proposal includes planter boxes and garden beds with appropriate plantings to achieve a landscape setting. Notwithstanding the numerical non-compliance, the proposal includes appropriate planting between the buildings to provide privacy for between buildings and is assessed as satisfactory.

The proposed landscaping works incorporate canopy trees, feature trees, screen plantings and raised planter beds in appropriate locations. The landscaping of the site would reduce the perceived physical bulk of the proposal when viewed from the Pacific Highway, Rupert Street or surrounding areas. The landscaping of the site would enhance privacy levels for future residents and adjoining properties and achieve a landscape setting consistent with the desired future character. The landscaping works would integrate the proposal within the context of the site and its surrounds.

2.7.8     Open Space

The HDCP requires 24m2 of private open space (POS) to be provided for each dwelling with a minimum dimension of 3m. All of the dwellings include open space areas in excess of the requirement of 24m2.

Some of the units have two components of private open space at the front and rear of the dwelling, with the major component satisfying the minimum 24m2 requirement and the additional area functioning as extra space for alternate uses by the occupants. Two of the dwellings however (Unit 1 and 11) provide a component of POS with an area of 23.5 and 23.2m2 respectively, which is slightly below the 24sqm requirement of the HDCP. Both of these units provide second component of POS, which when added together, exceed the 24sqm POS requirement and is this minor non-compliance is acceptable.

The components of private open space areas facing the Pacific Highway and Rupert Street are screened by shrubs, canopy trees and low height fencing (1.2m). The location and design of the open space is considered appropriate for the respective dwellings in respect to dwelling size, aspect, unit configuration and amenity. The private open space provided centrally between the three buildings would be screened by 1.8m high fencing and planter boxes.

2.7.9     Privacy and Security

The HDCP stipulates the following separation requirements:

·              12m between unscreened habitable rooms/balconies/private open space

·              6m between non-habitable rooms (including blank walls)

The proposed internal separation between buildings would not strictly comply with the above requirements.

The development has been designed to present to both street frontages. Two rows of 6 town houses are sited parallel to the Pacific Highway and row of 5 town houses is sited parallel to Rupert Street. This design has resulted in non-compliances with the building separation requirements as discussed below.

The HDCP prescribes a 6 metre building separation between non habitable rooms including blank walls. This requirement is not achieved, as unit 4 is separated between 2.4 – 4m from unit 17; and unit 5 is separated 2.4 – 4.2m from unit 6. This matter of non-compliance is assessed as acceptable for the following reasons:

·              This encroachment is at ground level only and would not result in any privacy issue due to the absence of windows or openings on the southern elevations of units 6 and 17. Fencing and planter boxes on the northern side of units 4 and 5 would minimise potential privacy or amenity impacts.

·              The first floor of the above mentioned units would be separated 5.6 metres, which is only marginally below the required 6m building separation requirement. Bedroom windows are offset so as to not directly oppose each other, thereby minimising privacy issues.

·              The development has been designed to present to both street frontages and contributes positively to the streetscape. An alternative design would comprise two rows of townhouses parallel to the Pacific Highway. Although this alternative may resolve this non-compliance, this would not positively present to Rupert Street and would result in a building excessive in length when viewed from Pacific Highway. In this regard, the proposed design is considered to be a better development outcome and the minor non-compliance with building separation is acceptable.

The proposal achieves appropriate levels of privacy by incorporating adequate setbacks, building separation, consideration of window and balcony placement, internal design of units as well as fencing and landscaping at ground level.

The ground floor accommodates the more active areas including living/dining area, kitchen, laundry and direct access to private open space from living areas. The more passive areas including bedrooms and bathrooms are located on the first floor. Some of the units contain first floor balconies. These balconies are orientated to Pacific Highway and Rupert Street and not the rear or side boundaries.

In accordance with the HDCP, a 12m building separation applies to unscreened habitable rooms, balconies and private open space. The two rows of townhouses sited parallel to the Pacific Highway are separated 7-8m. Within the central area, some of the units comprise small courtyards which would be fenced and surrounded by landscaping, effectively providing privacy screening between units. There are no opposing habitable rooms or balconies windows at the first level that present a privacy issue. First floor bedroom and bathroom windows have been offset from opposing windows to alleviate any privacy impacts. The design incorporates appropriate privacy measures and the proposal is acceptable with respect to the building separation requirements.

The first floor balconies are orientated towards the street frontages, providing passive surveillance over the public domain. The pedestrian and vehicular entry points are secured and visibly prominent from the street.

The proposal includes an assessment of the development against crime prevention controls having regard to surveillance, access/egress control, territorial reinforcement and space management. Subject to the implementation of recommended conditions of consent, the proposal is assessed as satisfactory with regard to privacy and safety.

2.7.10   Sunlight and Ventilation

The HDCP stipulates that, between 9am and 3pm on 22 June, at least 70% of the dwellings should receive a minimum of 3 hours of unobstructed solar access to 50% of the private open space areas and the north facing living areas.

The applicant has provided shadow diagrams at 9am, 12 noon and 3pm which indicate that 12 of the 17 units receive at least 3 hours of unobstructed sunlight on 22 June.

All of the 17 dwellings would be cross ventilated.

2.7.11   Housing Choice

The proposal does not satisfy the housing mix requirements of the HDCP, which requires the development to comprise a minimum of 10% of each 1 bedroom, 2 bedroom and 3 bedroom dwellings. The proposal contains 13 x 3 bedroom dwellings and 4 x 4 bedroom dwellings.

The provision of 3 and 4 bedroom dwellings is proposed to respond to the current market demand for town house developments The proposal provides for a variety of unit sizes and although 1 and 2 bedroom dwellings are not proposed, the precincts of Mount Colah, Asquith and Hornsby presently undergoing redevelopment comprise a number of residential flat buildings where 1 and 2 bedroom units comprise the majority of units constructed. Having regard to the overall development precincts, a mix in units types have been achieved to cater for the demographic diversity of the Hornsby Shire.

The dwelling mix will help to enhance the housing choice within the Mount Colah/Asquith area as well as increase the amount of housing stock.

Two of the units (unit 11 and 12) are proposed as adaptable units and a further two units (unit 1 and 5) are capable of complying with the Universal Design Housing requirements in accordance with the Liveable Housing Guidelines (2012) silver level design features. Conditions have been recommended to ensure the accessibility requirements for these dwellings are satisfied.

2.7.12   Vehicular Access and Parking

The proposal provides for a total of 38 parking spaces within the basement level that will be accessed via a double width crossover, driveway and graded access ramp located at western side via Rupert Street. The basement contains a garage and storage space for all dwellings.

Two car spaces are allocated to each dwelling, with most of the spaces being provided in a stacked arrangement. Eight of the dwellings are also provided with a garage with direct access stairs to the dwellings above. The proposal provides for 4 visitor car spaces, 2 accessible car spaces, 6 bicycle spaces and 1 motorcycle requirement in accordance with the parking requirements of the HDCP.

2.7.13   Waste Management

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

The proposed communal waste storage area is proposed at ground level within the south-western corner of the site between the pedestrian access path and driveway entry from Rupert Street. The development requires 5 x 240 litre garbage bins serviced two times per week and 5 x 240 litre recycling bins serviced weekly. The proposed bin enclosure is of sufficient size to accommodate the required number of bins and an 8m2 bulky waste storage area. All dwellings are less than 75m walking distance from the bin bay via an internal path and the bin enclosure is accessible for persons with a disability. This location of the bin enclosure 2m from Rupert Street ensures that bins can easily be accessed on collection days.

Subject to recommended conditions, the proposed development is satisfactory with regard to waste management and collection.

2.7.14   Pacific Highway, Mount Colah and Asquith Precinct

The strategy for redevelopment of this precinct is to incorporate predominantly one or two storey multi dwelling housing in garden settings with parking in basements and reflect the established pattern of detached dwellings by dividing the floor space of new buildings into well-articulated pavilion forms.

The development provides for a townhouse developing presenting to both the Pacific Highway and Rupert Street frontages with landscaped setbacks. The development would provide for a landscaped setting and a built-form that is consistent with the desired future outcome for the precinct.

2.8        Section 94 Contributions Plans

Hornsby Shire Council Section 94 Contributions Plan 2012-2021 applies to the development as it would result in an additional 17 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

An Arboricultural Impact Assessment (AIA) was submitted with the application addressing the development’s impact on trees on site.

The proposed development would necessitate the removal of 23 trees. Of the 23 trees assessed, 21 species are exotic species and are exempt under the Tree and Vegetation provisions of the HDCP. Two trees identified as Glochidion ferdinandi (Cheese Tree), are young, planted, locally indigenous species less than 4m in height. These trees (numbered 5 & 6) are located adjacent to the Pacific Highway frontage of the site. The AIA does not identify these trees as significant and the report recommends removal of these trees. Council’s tree assessment concurs with the recommendations of the AIA and subject to conditions for compensatory plantings of locally occurring species in accordance with the landscape plan.

The landscape plan includes replacement planting with a range of locally native plant species with a mix of small, medium and large canopy trees, shrub layers and ground covers. A total of 36 trees are proposed to be planted, compensating for the loss of 23 trees from the site. Of the 36 trees to be planted, 14 trees would be locally indigenous trees, including 2 x Smooth barked apple trees with a mature height of 15 metres and 12 x Blue berry ash trees with a mature height of 8m. Other replacement trees included in the landscape plan include 6 x Crepe Mytrle trees and 16 x Capital callery pear trees with a mature growth height of 5-6 metres.

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 proposes to connect to Council’s street drainage system located within Rupert Street via an on-site detention (OSD) and a rainwater tank system to control discharge of water from the site.

One component of the OSD is an open grassed area which forms part of the private open space of unit 5. The second component is a tank proposed partly beneath the pedestrian access path from Pacific Highway and partly beneath the terrace serving unit 5 located on the building’s eastern elevation.

The proposal incorporates Water Sensitive Urban Design (WSUD) principles which seek to minimise and manage the impact of stormwater on the site and within the area. The details of the water quality treatment 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.

The proposal demonstrates the efficient management of stormwater and is acceptable subject to recommended conditions.

3.2        Built Environment

3.2.1     Built Form

The proposal provides for a contemporary built from that would respond to the topography of the site and the streetscape. The proportions, alignments and articulation provide an appropriate scale relationship between dwellings and create streetscape interest. The proposed external finishes would provide a variety in built form and result in a development outcome consistent with the desired character of the medium density precinct.

3.2.2     Traffic

The site has frontage to a state road, the Pacific Highway and a local road, Rupert Street. The impact of the traffic generated by the proposal, on the local road network has been discussed in Section 2.3 of this report.

Council has undertaken an assessment of the overall traffic impact of the redeveloped precinct on the locality. A Traffic Management Improvement Plan is included in the HDCP relating to the Asquith precinct. 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.

The precinct plan also includes provisions of a signalised pedestrian crossing between Rupert Street and Mills Avenue to service the medium density developments. 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 town house development would improve housing choice in the locality by providing a range of house hold types.

3.4        Economic Impacts

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

4.         SITE SUITABILITY

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

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

5.         PUBLIC PARTICIPATION

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

5.1        Community Consultation

The proposed development was placed on public exhibition and was notified to adjoining and nearby landowners between 18 July 2017 and 3 August 2017 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 landowner who made a submission.

 

 

NOTIFICATION PLAN

 

 

 

 

•       PROPERTIES NOTIFIED

 

 

 

X      SUBMISSIONS

         RECEIVED

 

 


          PROPERTY SUBJECT OF DEVELOPMENT

 

The submission objected to the development, generally on the grounds:

·              Unacceptable traffic on Rupert Street;

·              Vehicular entry to the basement car parking from Rupert should be provided from Pacific Highway;

·              Waste collection vehicles stopping on Rupert street would adversely impact on traffic flow;

·              The net increase in traffic on Rupert Street is greater than stated in the traffic report, as two of the existing dwellings on the site have access from the Pacific Highway and not Rupert St;

·              The traffic report does not address the cumulative impact of future town house development in close proximity to Rupert Street;

·              Visitor parking in the basement is insufficient and will lead to people parking on streets, reducing the availability of on street parking for existing local residents; and

·              Stacked parking within the basement is not practical and will lead to residents parking on the street.

The merits of the matters raised in community submissions have been addressed in the body of the report and as follows:

5.1.1     Traffic and Parking Impacts on Rupert St

The traffic impacts associated with the development have been addressed in Section 2.4 and 3.2.2 of this report. With respect to the particular matters raised in the community submission, the following is noted:

·              The provision of the driveway access to the basement from Rupert Street is consistent with the Pacific Highway, Mount Colah and Asquith Precinct plan with the HDCP which promotes access and servicing from local streets.

·              The existing site contains two dwellings with driveways from Pacific Highway and one dwelling with driveway access from Rupert Street. The matter raised in the submission with respect to the net increase in traffic on Rupert Street was considered in Council’s Traffic assessment. It was concluded that the traffic impacts associated with the development on Rupert Street are acceptable.

·              The RMS does not support vehicle access to the Pacific Highway where alternative access is available from a local road.

·              Kerb side waste collection on Rupert Street has been assessed as acceptable in Council’s traffic assessment.

·              Stacked car parking within the basement is acceptable for individual units and the proposal complies with the minimum number of resident and visitor car spaces under the HDCP. Given the basement design complies with the minimum car parking requirements of the HDCP and relevant Australian Standards, the proposal is acceptable with respect to traffic and parking.

·              The upgrades nominated in the Traffic Management Improvement Plan for the Asquith precinct would provide for the cumulative impact of traffic from developments of the precinct and ease of traffic flow within the existing network. This matter was addressed in Section 3.2.2 of this report.

5.2        Public Agencies

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

5.2.1     Roads and Maritime Services

As discussed in Section 2.3 of this report, RMS has reviewed the proposal and raised no objections subject to recommended conditions of consent.

6.         THE PUBLIC INTEREST

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

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

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

CONCLUSION

The application seeks approval for the demolition of existing structures and construction of a multi dwelling housing development comprising 17 two storey townhouses with attics over a single level basement car park.

The proposed development is generally in accordance with the development controls for the Pacific Highway Mount Colah and Asquith Precinct of the HDCP and would contribute to the desired residential character of the precinct, subject to recommended conditions of consent.

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

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

RESPONSIBLE OFFICER

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

 

 

 

 

 

Rod Pickles

Manager - Development Assessment

Planning Division

 

 

 

James Farrington

Group Manager

Planning Division

 

 

Attachments:

1.View

Locality Map

 

 

2.View

Site Plan

 

 

3.View

Landscape Plans

 

 

4.View

Floor Plans

 

 

5.View

Elevations

 

 

6.View

Shadow Plan

 

 

7.View

Perspectives

 

 

8.View

Stormwater Plan

 

 

 

 

File Reference:           DA/706/2017

Document Number:    D07291158

 


SCHEDULE 1

GENERAL CONDITIONS

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

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

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

1.         Approved Plans and Supporting Documentation

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

Approved Plans:

Plan No.

Rev.

Plan Title

Drawn by

Dated

A01-03

B

Site Plan

Australian Consulting Architects (ACA)

24/08/2017

A01-03A

B

Site Plan A

ACA

24/08/2017

A01-03B

B

Site Plan B

ACA

24/08/2017

A03-01B

B

Basement Floor Plan

ACA

24/08/2017

A03-01AB

B

Basement Floor Plan A

ACA

24/08/2017

A03-01B

B

Basement Floor Plan B

ACA

24/08/2017

A03-02

B

Ground Floor Plan

ACA

24/08/2017

A03-02A

B

Ground Floor Plan A

ACA

24/08/2017

A03-02B

B

Ground Floor Plan B

ACA

24/08/2017

A03-03

A

First Floor Roof & Attic Plan

ACA

04/07/2017

A03-03A

A

First Floor Plan A

ACA

04/07/2017

A03-03B

A

First Floor Plan B

ACA

04/07/2017

A03-03C

A

Attic Floor Plan A

ACA

04/07/2017

A03-03D

A

Attic Floor Plan B

ACA

04/07/2017

A03-04

A

Roof Level Plan

ACA

04/07/2017

A05-01

A

Street Elevations

ACA

04/07/2017

A05-02

A

Side & Rear Elevation

 

ACA

04/07/2017

A05-03

A

Communal Open Space Elevations

ACA

04/07/2017

A06-01

A

Section 1 & 2

ACA

04/07/2017

A06-02

A

Section 3 & 4

ACA

4/07/2017

A02-01

A

Demolition Plan

ACA

4/07/2017

D01

A

Basement Stormwater Drainage Details

 

Loka Consulting Engineers

18/04/2017

D02

A

Basement Stormwater Drainage Details

Loka Consulting Engineers

18/04/2017

D03

B

Ground Floor / Site Stormwater Drainage Plan

Loka Consulting Engineers

16/08/2017

DA04

A

Site Stormwater Drainage Details

Loka Consulting Engineers

18/04/2017

D05

A

Erosion and Sediment Control Plan

Loka Consulting Engineers

18/04/2017

L-01/2

B

Landscape Plan

RFA Landscape Architects

23/06/2017

L-02/2

B

Landscape Plan

RFA Landscape Architects

23/06/2017

Supporting Documents:

No.

Issue

Plan Title

Drawn by

Dated

A00-01

A

Cover Sheet

ACA

04/07/2017

A01-01

A

Survey Plan

ACA

04/07/2017

A01-02

A

Site Analysis

ACA

04/07/2017

A11-01

A

External Finishes

ACA

04/07/2017

A05-04

A

Privacy Analysis – COS Elevation

ACA

04/07/2017

A08-01

A

Shadow Diagram (POS & COS)

ACA

04/07/2017

A08-02

-

Shadow – Ground Floor Plan

ACA

04/07/2017

A08-03

A

Shadow – East Elevation

ACA

04/07/2017

A08-04

A

Shadow – North and North COS Elevation

ACA

04/07/17

A08-05

A

Shadow – West Elevation

ACA

04/07/2017

A10-02

A

Perspective Views

ACA

04/07/2017

A07-01

 

Window & Door Schedule

ACA

04/07/2017

A03-05

A

Typical Unit Plan

ACA

04/07/2017

A04-01

A

Pre & Post Adaptable Unit 11

ACA

04/07/2017

A04-02

A

Pre & Post Adaptation Unit 12

ACA

04/07/17

A11-01

A

Finishes Schedule

ACA

04/07/2017

D00

A

Cover sheet, notes and Drainage Schedule

Loka Consulting Engineers

18/04/2017

D06

A

Music Result and Details

Loka Consulting Engineers

18/04/2017

D07

A

Music Link Report

Loka Consulting Engineers

18/04/2017

-

-

Arboricultural Impact Assessment Report

Glenyss Laws Consulting Arborist 

5/05/2017

5130-16 DET

-

Survey Plan (Appendix F of Arboricultural Report)

C & A Surveyors

5/12/2016

-

-

Traffic and Car Parking Assessment Report

B Traffic Solutions

5/06/2017

         

17NL076-A3

-

Access Report

Loka Consulting Engineers

06/06/2017

825770M

-

BASIX Certificate

Eco Certificates Pty Ltd

14/06/2017

0001575802

-

NatHERS Certificate

Eco Certificates Pty Ltd

14/06/2017

 

-

Statement of Environmental Effects

Think Planners

28/06/2017

A09-01

B

Waste Management Plan

Australian Consulting Architects

24/08/2017

-

-

Waste Management Plan Report

Australian Consulting Architects

26/06/2017

2.         Removal of Existing Trees

a)         This development consent permits the removal of trees numbered 1-23 as identified in Appendix F of the Arboricultural Impact Assessment prepared by Glenyss Laws Consulting Arborist, dated 05/05/2017.

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

3.         Amendment of Plans

a)         The approved Landscape Plan is to be amended as follows:

i)          Inclusion of the revised location of the bin storage area in accordance with approved site plan.

b)         This amended plan must be submitted with the application for the Construction Certificate.

4.         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)         A separate Construction Certificate must be obtained from Council for all works within the public road reserve under S138 of the Roads Act.

c)         A separate Construction Certificate must be obtained from Council for all works within drainage easements vested in Council.

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

5.         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 2014-2024, the following monetary contributions must be paid to Council to cater for the increased demand for community infrastructure resulting from the development:

Description

Contribution (4)

Roads

$4,856.90

Open Space and Recreation

$198,279.10

Community Facilities

$76,224.55

Plan Preparation and Administration

$639.45

TOTAL

$280,000

 

being for 14 additional dwellings.

b)         The value of this contribution is current as at 18 September 2017. If the contribution is not paid within the financial quarter that this condition was generated, the contribution 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 contribution must 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.

Note: 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

6.         Building Code of Australia

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

7.         Contract of Insurance (Residential Building Work)

Where 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, this contract of insurance must be in force before any building work authorised to be carried out by the consent commences.

8.         Notification of Home Building Act, 1989 Requirements

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

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

i)          The name and licence number of the principal contractor; and

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

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

i)          The name of the owner-builder; and

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

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

9.         Utility Services

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

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

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

10.        Sydney Water – Approval

This application must be submitted to Sydney Water for approval to determine whether the development would affect any Sydney Water infrastructure, and whether further requirements are to be met.

Note:  Building plan approvals can be obtained online via Sydney Water Tap inTM through www.sydneywater.com.au under the Building and Development tab.

11.        Dilapidation Report

A ‘Dilapidation Report’ is to be prepared by a ‘chartered structural engineer’ detailing the structural condition of No. 2 Rupert Street Mount Colah.

a)         To record the structural condition of all properties adjoining the approved development, a dilapidation report must be prepared by a suitably qualified structural engineer for inclusion with the application of the Construction Certificate.

12.        Traffic Control Plan

A Traffic Control Plan (TCP) must be prepared by a qualified traffic controller in accordance with the Roads & Traffic Authority’s Traffic Control at Worksites Manual 1998 and Australian Standard 1742.3 for all work on a public road. 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; and

f)          Pedestrian and cyclist access/safety.

13.        Identification of Survey Marks

A registered surveyor must identify all survey marks in the vicinity of the proposed development.  Any survey marks required to be removed or displaced as a result of the proposed development shall be undertaken by a registered surveyor in accordance with Section 24 (1) of the Surveying and Spatial Information Act 2002 and following the Surveyor General’s Directions No.11 – "Preservation of Survey Infrastructure".

14.        Stormwater Drainage

The stormwater drainage system for the development must be designed for an average recurrence interval (ARI) of 20 years and be gravity drained via an  on-site detention and  water quality treatment facility or one of the deemed to comply measures in accordance with the following requirements:

a)         Connected directly to a Council’s street gutter

b)         The distances between rectangular hollow sections discharging stormwater to Council gutter must be a minimum 1m.

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

d)         A Construction Certificate application is to be submitted to Council if extension of Council‘s drainage line is proposed.

15.        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) storms and a maximum discharge (when full) limited to 5 years pre development rate.

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

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

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

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

f)          An overflow/escape path shall be incorporated in the design.

16.        Water Quality System

a)         Stormwater discharging from the development site is to be treated to achieve the quality specified in Council’s Development Control Plan 2013 (table 1C.1.2(b) Urban Stormwater Quality Targets.

b)         The design is to be based on Council’s parameters that are to be obtained from Hornsby Council Music Link.

c)         Council approval is to be obtained for the system prior to the issue of a Construction Certificate. All related files and hard copies of the program are to be submitted to Council.

17.        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)         Design levels at the front boundary must be obtained from Council for the design on the internal driveway;

b)         Any redundant crossings must be replaced with integral kerb and gutter;

c)         The footway area must be restored by turfing;

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

e)         Concurrence and approval from the RMS is required prior to approval of any construction certificate for all works within Pacific Highway. Approved stamped plans are to be submitted with the application.

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.

18.        Internal Driveway/Vehicular Areas

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

a)         Design levels at the front boundary shall be obtained from Council if a private accredited certifier is engaged to obtain a construction certificate for these works.

b)         The driveway be a rigid pavement.

c)         Conduit for utility services including electricity, water, gas and telephone be provided. All existing overhead assets including electricity and telecommunications cabling shall be relocated underground at no cost to Council.  A certificate from an appropriately licensed contractor shall be submitted to the principal certifying authority certifying that the service conduits have been installed in accordance with the relevant utility provider and Australian Standards.

d)         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. 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.

19.        Road Works

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

a)         Kerb and gutter shall be constructed along the frontage of Pacific Highway to the requirements of RMS. The design shall incorporate all necessary works for the bus stop in front of the development as required by RMS. Details are to be submitted. 

b)         The existing footpath along Pacific Highway is to be removed and a new footpath constructed.

c)         The existing road pavement to be saw cut a minimum of 300 mm from the existing edge of the bitumen and reconstructed.

d)         No work is to commence within the road reserve until approval under Section 138 of the Roads Act is obtained from Hornsby Shire Council. In this regard a construction certificate application is to be submitted to Council.

e)         Concurrence and approval of the RMS is required prior to approval of any construction certificate for all works within Pacific Highway. Approved stamped plans from the authority are to be submitted with the application.

f)          Necessary road occupancy permit is to be obtained from RMS to carry out works in Pacific Highway.

20.        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”.

a)         The site supervisor to be advised that the Works Zone will be deemed to be in effect, and fees will apply, between the dates nominated by the supervisor, or when parking spaces are managed for the sole use of construction vehicles associated with the site.

b)         The Works Zone signs shall be in effect only for the times approved by Council, and the time is to be noted on the sign. Eg, ‘Works Zone Mon – Sat 7am – 5pm’.

c)         The applicant is required to supply a sign posting installation plan for referral to the Local Traffic Committee, noting on it the duration of the Works Zone.

d)         The Works Zone is only to be used for the loading unloading of vehicles. Parking of workers’ vehicles, or storage of materials, is not permitted.

21.        Construction Traffic Management Plan

In order to enable unencumbered movement of traffic in the public road during construction works, a Construction Management Plan, including a Traffic Management Plan and scaled construction plans prepared by a suitably Chartered and Qualified Chartered Civil Engineer and Qualified Worksite Traffic Controller shall be prepared and submitted to Hornsby Shire Council for approval according to the following requirements:

a)         A copy of the plans shall be submitted for consideration and written approval by Hornsby Shire Council prior to the release of the Construction Certificate.

b)         The plans shall detail the order of construction works and arrangement of all construction machines and vehicles being used at the same time during all stages.

c)         The CTMP plans shall be in accordance with the approved Development Application plans and the Development Consent conditions.

d)         In order to prevent injury, accident and loss of property, no building materials, work sheds, vehicles, machines or the like shall be allowed to remain in the road reserve area without the written consent of Hornsby Shire Council.

e)         The Plan shall be generally in compliance with the requirements of the Road and Traffic Authority’s “Traffic Control at Worksites Manual 1998” and detailing:

i)          Public notification of proposed works;

ii)          Long term signage requirements;

iii)         Short term (during actual works) signage;

iv)         Vehicle Movement Plans, where applicable;

v)         Traffic Management Plans;

vi)         Pedestrian and Cyclist access and safety;

f)          The plans shall indicate traffic controls including those used during non-working hours and shall provide pedestrian access and two-way traffic in the public road to be facilitated at all times.

g)         The plans shall include the proposed truck routes to and from the site including details of the frequency of truck movements at the different stages of the development. The plan shall also include details of parking arrangements for all employees and contractors.

h)         The Applicant and all employees of contractors on the site must obey any direction or notice from the Prescribed Certifying Authority or Hornsby Shire Council in order to ensure the above.

i)          If there is a requirement to obtain a Work Zone, partial Road Closure or Crane Permit an application to Hornsby Shire Council is to be made prior to the issue the Construction Certificate.

22.        Pedestrian Access Management Plan

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

23.        Acoustic Report

A report is to be prepared by a suitably qualified acoustic consultant detailing any specific measures (such as upgrades to windows, doors, walls and roofs) to ensure the development is constructed to satisfy the noise levels required by Clause 102 of the State Environmental Planning Policy (Infrastructure) 2007 and the NSW Department of Planning’s Development Near Rail Corridors and Busy Roads – Interim Guideline.

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

24.        Accessible Design

Details must be submitted to the PCA demonstrating compliance with the following:

a)         Unit 11 and 12 are to be Adaptable Housing.

b)         Unit 1 and 5 are to be Universal Design housing in accordance with the Liveable Housing Guidelines (2012) silver design features.

25.        Waste Management Details

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)         There must be a bin storage bay at the ground level within 5m of the Rupert Street boundary that must:

i)          Be accessible by persons with a disability after the garbage bins and recycling bins are installed; and

ii)          comfortably house the required 5 of 240 L garbage bins and 5 of 240 L recycling bins with every bin been accessible (no stacking of bins 2 or more deep, minimum aisle width of 1.55m); and

iii)         Have door(s) wide enough and positioned so that the 240 L bins can fit through;

iv)         be located no more than 75 m walking distance from each dwelling or 50 m from each adaptable/accessible dwelling. The walking path from each dwelling to the bin storage room must not include the public footpath, that is must be wholly within the site; and

v)         have a wall height of 1.8m.

Note: a 240 L recycling bin is 600 mm wide by 750 mm deep; allow for ease around the bin – 75 mm is recommended. The door must be wide enough and positioned such that all the bins can fit through. Every bin must be able to be accessed (no stacking of bins two or more deep).

c)         There must be a bulky waste storage area of at least 8 square metres at the ground level.

d)         The waste carting route from each dwelling to the ground level bin bay must be an accessible path of travel for persons with a disability, must be direct (not via the basement)  and must be wholly within the site (not via the public footpath or road).

e)         The bin carting route from the bin storage bay to the truck parking location on the street must not include any steps.

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

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

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

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

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

Note: the site(s) to which the waste materials are taken must be legally able to accept those wastes.

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

26.        Erection of Construction Sign

a)         A sign must be erected in a prominent position on any site on which any approved work is being carried out:

i)          Showing the name, address and telephone number of the principal certifying authority for the work;

ii)          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

iii)         Stating that unauthorised entry to the work site is prohibited.

b)         The sign is to be maintained while the approved work is being carried out and must be removed when the work has been completed.

27.        Protection of Adjoining Areas

A temporary hoarding, fence or awning must be erected between the work site and adjoining lands before the works begin and must be kept in place until after the completion of the works if the works:

a)         Could cause a danger, obstruction or inconvenience to pedestrian or vehicular traffic;

b)         Could cause damage to adjoining lands by falling objects; and/or

c)         Involve the enclosure of a public place or part of a public place.

Note:  Notwithstanding the above, Council’s separate written approval is required prior to the erection of any structure or other obstruction on public land.

28.        Toilet Facilities

a)         To provide a safe and hygienic workplace, toilet facilities must be available or be installed 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.

b)         Each toilet must:

i)          be a standard flushing toilet connected to a public sewer; or

ii)          be a temporary chemical closet approved under the Local Government Act 1993; or

iii)         have an on-site effluent disposal system approved under the Local Government Act 1993.

29.        Erosion and Sediment Control

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

Note:  On the spot penalties may be issued for any non-compliance with this requirement without any further notification or warning.

30.        Waste Management Details

Prior to the commencement of any works, the domestic waste service with Council must be cancelled and the domestic bins retrieved by Council.

REQUIREMENTS DURING DEMOLITION AND CONSTRUCTION

31.        Construction Work Hours

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

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

32.        Demolition

To protect the surrounding environment, 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 any building contain asbestos material, a standard commercially manufactured sign containing the words ‘DANGER ASBESTOS REMOVAL IN PROGRESS’ and measuring not less than 400mm x 300mm must be  displayed in a prominent position visible from the street.

33.        Environmental Management

The site must be managed in accordance with the publication ‘Managing Urban Stormwater – Landcom (March 2004) and the Protection of the Environment Operations Act 1997 by way of implementing appropriate measures to prevent sediment run-off, excessive dust, noise or odour emanating from the site during the construction of the development.

34.        Street Sweeping

To protect the surrounding environment, Street sweeping must be undertaken following sediment tracking from the site along the Pacific Highway and Rupert 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.

35.        Council Property

To ensure that the public reserve is kept in a clean, tidy and safe condition during construction works, no building materials, waste, machinery or related matter is to be stored on the road or footpath.

36.        Excavated Material

All excavated material removed from the site must be classified by a suitably qualified person 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 be reported to the principal certifying authority prior to the issue of an Occupation Certificate.

37.        Landfill

Landfill must be constructed in accordance with Council’s ‘Construction Specification 2005’ and the following requirements:

a)         Prior to fill material being imported to the site, a certificate shall be obtained from a suitably qualified environmental consultant confirming the fill wholly consists of Virgin Excavated Natural Material (VENM) as defined in Schedule 1 of the Protection of the Environment Operations Act, 1997 or 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 suitably qualified geotechnical engineer verifying that the specified compaction requirements have been met.

c)         These certificates must be included with the application for an occupation certificate.

38.        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).

39.        Waste Management

Waste management during the demolition and construction phase of the development must be undertaken in accordance with the approved Waste Management Plan. Additionally written records of the following items must be maintained during the removal of any waste from the site and such information submitted to the Principal Certifying Authority within fourteen days of the date of completion of the works:

a)         The identity of the person removing the waste.

b)         The waste carrier vehicle registration.

c)         Date and time of waste collection.

d)         A description of the waste (type of waste and estimated quantity).

e)         Details of the site to which the waste is to be taken.

f)          The corresponding tip docket/receipt from the site to which the waste is transferred (noting date and time of delivery, description (type and quantity) of waste).

g)         Whether the waste is expected to be reused, recycled or go to landfill.

Note: In accordance with the Protection of the Environment Operations Act 1997, the definition of waste includes any unwanted substance, regardless of whether it is reused, recycled or disposed to landfill.

40.        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.

41.        Traffic Control Plan Compliance

The development must be carried out in accordance with the following approved documents:

a)         Traffic Control Plan (TCP); and

b)         Construction Traffic Management Plan (CTMP).

42.        Maintenance of public footpaths

Public footpaths must be maintained for the duration of works to ensure they are free of trip hazards, displacements, breaks or debris to enable pedestrians to travel along the footpath safely.

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

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

43.        Fulfilment of BASIX Commitments

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

44.        Water Saving Urban Design

The Water Quality Targets as detailed within the Hornsby Shire Councils DCP are to be achieved in the design and supported by a MUSIC model.

Prior to the issue of an Occupation Certificate a certificate from a Civil Engineer is to be obtained stating that the WSUD facilities have been constructed and will meet the water quality targets as specified in the Hornsby Shire Councils DCP.

45.        Unit Numbering

All units are to be numbered consecutively commencing at No.1. The strata plan lot number is to coincide with the unit number, e.g Unit 1 = Lot 1. The allocated of unit numbering must be authorised by Council prior to the numbering of each units in the development.

46.        Damage to Council Assets

To protect public property and infrastructure, any damage caused to Council’s assets as a result of the construction or demolition of the development must be rectified by the applicant in accordance with Council’s Civil Works Specifications. Rectification works must be undertaken prior to the issue of an Occupation Certificate, or sooner, as directed by Council.

47.        Creation of Easements

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

a)         The creation of an appropriate "Positive Covenant" and "Restriction as to User" over the constructed on-site detention and water quality treatment systems and outlet works, within the lots in favour of Council in accordance with Council’s prescribed wording. The position of the on-site detention system and water quality treatment system is to be clearly indicated on the title.

b)         To register the positive covenant and the restriction on the use of land, “works-as-executed” details of the on-site-detention system and water quality treatment  system  must be submitted verifying that the required storage and discharge rates and water quality treatment measures have been constructed in accordance with the design requirements. The details must show the invert levels of the on- site system together with pipe sizes and grades and details of water quality treatment measures. Any variations to the approved plans must be shown in red on the “works-as-executed” plan and supported by calculations.

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

48.        Works as Executed Plan

A works-as-executed plan(s) must be prepared by a registered surveyor and submitted to Council for completed road pavement, kerb & gutter, public drainage systems, driveways and on-site detention system.

49.        Preservation of Survey Marks

A certificate by a Registered Surveyor must be submitted to the Principal Certifying Authority, certifying that there has been no removal, damage, destruction, displacement or defacing of the existing survey marks in the vicinity of the proposed development or otherwise the re-establishment of damaged, removed or displaced survey marks has been undertaken in accordance with the Surveyor General’s Direction No.11 – “Preservation of Survey Infrastructure”.

50.        Construction of Engineering Works

All engineering works identified in this consent including stormwater works, retaining walls, driveway works, roadworks and the like are to be completed and a Compliance Certificate issued prior to the release of the Occupation Certificate.

51.        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.

52.        Provision for National Broadband Network (NBN)

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

53.        Retaining Walls

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

54.        Boundary Fencing

Boundary fencing should be installed as per the following requirements:

a)         Fencing must be erected along the northern and western boundaries behind the front building line to a height of 1.8m.

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

55.        Certification by Acoustic Consultant

A certificate is to be obtained from an Acoustic consultant confirming that the measures recommended in the Acoustic Report (as prescribed by condition No. 23 of this consent) have been implemented in the construction of the development.

56.        Car Parking and Vehicular Areas

All vehicular areas within the site and the car parking must be constructed in accordance with Australian Standard AS 2890.1 – 2004 – Off Street Car Parking and Australian Standard 2890.2 - 2002 – Off Street Commercial and the following requirements:

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.

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

f)          Four visitors’ spaces are to be provided at the basement level. Visitors are to be able to access the basement car park by an audio/visual intercom system located at the top of the ramped driveway;

g)         Six bicycle spaces are to be provided in the basement car park.  Bicycle parking spaces are to be designed in accordance with AS 2890.3-1993;

h)         One motorcycle parking space is to be provided within the basement car park, designed in accordance with AS 2890.5-1993;

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

57.        Completion of Landscaping

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

a)         The pot size of the replacement trees must be a minimum 25 litres and replacement trees must be maintained until they reach the height of 3 metres;

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

c)         Planting methods must meet professional (best practice) industry standards.

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

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.

58.        External Lighting

a)         To protect the amenity of adjacent premises, all external lighting must be designed and installed in accordance with Australian Standard AS 4282 – Control of the Obtrusive Effects of Outdoor Lighting.

b)         Certification of compliance with this Standard must be obtained from a suitably qualified person and submitted to the PCA with the application for the Construction Certificate.

59.        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.

60.        Waste Management

The following waste management requirements must be complied with:

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

b)         A report must be prepared by an appropriately qualified person, certifying the following:

i)          A comparison of the estimated quantities of each waste type against the actual quantities of each waste type.

Note: Explanations of any deviations to the approved Waste Management Plan is required to be included in this report.

ii)          That at least 60% of the waste generated during the demolition and construction phase of the development was reused or recycled.

Note: If the 60% diversion from landfill cannot be achieved in the Construction Stage, the Report is to include the reasons why this occurred and certify that appropriate work practices were employed to implement the approved Waste Management Plan. The Report must be based on documentary evidence such as tipping dockets/receipts from recycling depots, transfer stations and landfills, audits of procedures etc. which are to be attached to the report.

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

c)         Each dwelling must be provided with an indoor waste/recycling cupboard for the interim storage of waste with two separate 20 litre containers for general waste and recyclable materials.

d)         Space must be provided for either individual compost containers for each unit or a communal compost container;

Note: The location of the compost containers should have regard for potential amenity impacts.

e)         A bulky waste storage area of at least 8m2 is to be identified and marked with paint and signage;

f)          The bin storage bay must be accessible by persons with a disability while comfortably housing no less than 10 of 240 L bins.

g)         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 bin storage areas, bulky waste storage area, bin collection area, waste collection vehicle access, doors wide enough to fit the bin through, accessibility, bin carting route etc.

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

Note: Ramps between different levels are acceptable

61.        Final Certification – Acoustics

Following the final inspection a qualified Acoustic Consultant must provide certification that the building has been constructed in accordance with the requirements of the Department of Planning’s Development Near Rail Corridors and Busy Roads – Interim Guideline and RailCorp’s Interim Guidelines for Applicants.

62.        Safety and Security

This site must include the following elements:

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

b)         The entry doors are is to be constructed of safety rated glass to enable residents a clear line of site before entering or exiting the dwellings;

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

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

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

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

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

h)         Security deadlocks are to be provided to each dwelling door; and

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

OPERATIONAL CONDITIONS

63.        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).

64.        Fire Safety Statement - Annual

On at least one occasion in every 12 month period following the date of the first ‘Fire Safety Certificate’ issued for the property, the owner must provide Council with an annual ‘Fire Safety Certificate’ to each essential service installed in the building.

65.        Landscape Establishment

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

CONDITIONS OF CONCURRENCE – ROADS AND MARITIME SERVICES

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

66.        Roads and Maritime has previously acquired a strip of land for road along the Pacific Highway frontage of the subject property, as shown by blue colour on the attached Aerial – ‘X’.

Roads and Maritime has also previously resumed and dedicated a strip of land as road along the Pacific Highway frontage of the subject property as shown by grey colour on the attaced Aerial – ‘X’.

Therefore, all buildings and structures together with any improvements integral to the future use of the site are to be wholly within the freehold property unlimited in height or depth along the Pacific Highway boundary.

67.        Roads and Maritime require the proponent to construct kerb and gutter on Pacific Highway, The redundant driveways on Pacific Highway shall be removed and replaced with kerb and gutter. The design and construction of the kerb and gutter on Pacific Highway shall be in accordance with Roads and Maritime Requirements. Details of these requirements should be obtained from Roads and Maritime Services, Manager Developer Works, Statewide Delivery, Parramatta (telephone 9598 7789).

Detailed design plans of the proposed kerb and gutter are to be submitted to Roads and Maritime for approval prior to the issue of a Construction Certificate and commencement of any road works. A plan checking fee (amount to be advised) and lodgement of a performance bond may be required from the applicant prior to the release of the approved road design plans by Roads and Maritime.

68.        The developer is to submit design drawings and documents relating to the excavation of the site and support structures to Roads and Maritime for assessment, in accordance with Technical Direction GTD2012/001.

The developer is to submit all documentation at least six (6) weeks prior to commencement of construction and is to meet the full cost of the assessment by Roads and Maritime.

The report and any enquiries should be forwarded to:

Project Engineer, External Works

Sydney Asset Management

Roads and Maritime Services

PO Box 973 Parramatta CBD 2124

Telephone 8849 2114

Fax 8849 2766

 

If it is necessary to excavate below the base of the footings of the adjoining roadways, the person acting on the consent shall ensure that the owner/s of the roadway is/are given at lease seven (7) days notice of the intention to excavate below the base of the footings. The notice is to include complete details of the work.

69.        Should there be changes to the Roads and Maritime’s drainage system then detailed design plans and hydraulic calculations of the stormwater drainage system are to be submitted to Roads and Maritime for approval, prior to the commencement of any works.

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

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

 

- END OF CONDITIONS -

ADVISORY NOTES

The following information is provided for your assistance to ensure compliance with the Environmental Planning and Assessment Act, 1979, Environmental Planning and Assessment Regulation 2000, other relevant legislation and Council’s policies and specifications.  This information does not form part of the conditions of development consent pursuant to Section 80a of the Act.

Environmental Planning and Assessment Act 1979 Requirements

The Environmental Planning and Assessment Act 1979 requires:

·              The issue of a construction certificate prior to the commencement of any works. Enquiries can be made to Council’s Customer Services Branch on 9847 6760.

·              A principal certifying authority to be nominated and Council notified of that appointment prior to the commencement of any works.

·              Council to be given at least two days written notice prior to the commencement of any works.

·              Mandatory inspections of nominated stages of the construction inspected.

·              An occupation certificate to be issued before occupying any building or commencing the use of the land.

Long Service Levy

In accordance with Section 34 of the Building and Construction Industry Long Service Payments Act 1986, a ‘Long Service Levy’ must be paid to the Long Service Payments Corporation or Hornsby Council.

Note:  The rate of the Long Service Levy is 0.35% of the total cost of the work.

Note:  Hornsby Council requires the payment of the Long Service Levy prior to the issue of a construction certificate.

Tree and Vegetation Preservation

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

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

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

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

 


 

Group Manager’s Report No. PL49/17

Planning Division

Date of Meeting: 8/11/2017

 

8        DEVELOPMENT APPLICATION - TOWNHOUSE DEVELOPMENT COMPRISING 24 DWELLINGS - 12 TO 18 BALDWIN AVENUE, ASQUITH   

 

 

EXECUTIVE SUMMARY

DA No:

DA/394/2017 (Lodged 1 May 2017)   

Description:

Demolition of existing structures and construction of a two-storey, multi dwelling housing development with attics comprising 24 townhouses over  basement car parking

Property:

Lot 3 DP 17085, Lot 4 DP 17085, Lot D DP 403886 and Lot E DP 403886 – Nos.12-18 Baldwin Avenue, Asquith

Applicant:

Baldwin Group (Aust) Pty Ltd

Owner:

Baldwin Group (Aust) Pty Ltd, Miss Kirsty Orr and Mr Christopher George Kent

Estimated Value:

$7,698,763

Ward:

A

·              The proposal generally complies with the Hornsby Local Environmental Plan 2013 and Hornsby Development Control Plan 2013.

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

·              It is recommended that the application be approved as a deferred commencement consent subject to the creation of an easement for stormwater to drain to an existing drainage easement located within Asquith Girls High School.

RECOMMENDATION

THAT Development Application No. DA/394/2017 for demolition of existing structures and construction of 24, two-storey townhouses with attics over basement car parking at Lot 3 DP 17085, Lot 4 DP 17085, Lot D DP 403886 and Lot E DP 403886 – Nos.12-18 Baldwin Avenue, Asquith be approved as a deferred commencement pursuant to Section 80(3) of the Environmental Planning and Assessment Act 1979 subject to the conditions of consent detailed in Schedule 1 of Group Manager’s Report No.PL49/17.

 


 

BACKGROUND

The subject land was rezoned from Residential A (Low Density) to R3 (Medium Density Residential) on 2 September 2011 as part of Council’s Housing Strategy.

On 9 March 2016, DA/276/2016 was lodged for demolition of existing structures and erection of two residential flat buildings containing 43 units located above a split-level basement car park. Council received 68 submissions objecting to the development generally on the grounds of:

·              Bulk, height and scale;

·              Setbacks and building separation;

·              Solar access, privacy, traffic impacts and;

·              Design of the development.

On 8 June 2016, the applicant appealed to the Land and Environment Court of NSW against Council’s deemed refusal of DA/276/2016.

On 27 June 2016, DA/276/2016 was refused by Council.

During the Section 34 conciliation, amended plans were submitted by the applicant.  Council’s Urban Design Consultant raised issues with the amended plans.

On 22 March 2017, the applicant agreed to discontinue the Appeal and pay Council’s costs.

On 1 May 2017, DA/394/2017 was lodged for demolition of existing structures and construction of a two-storey, multi dwelling housing development with attics comprising 25 townhouses over basement car parking.  The proposed development seeks to address the reasons for refusal outlined in DA/276/2016 by proposing an entirely new development to address the outcomes of negotiation and discussion with Council and advice from Council’s Urban Design Consultant.

Following an initial assessment of the application by Council and Council’s Urban Design Consultant, requests for additional information were sent to the applicant on 30 May 2017 and 4 September 2017 raising concerns regarding the design of the development, waste management, trees on neighbouring property, landscape plan and the Statement of Environmental Effects.

Amended plans were received on 28 July 2017, 16 August 2017 and 20 September 2017 \ incorporating a break in the townhouses, reducing the unit numbers from 25 to 24, providing greater articulation, increased landscaping along the frontage and a modified stormwater design.

On 26 September 2017, Council’s Urban Design Consultant advised that the amended plans demonstrate satisfactory urban design quality and have addressed the urban design quality issues in relation to the previous development application and earlier versions of the current proposal.

SITE

The site comprises four allotments located on the southern side of Baldwin Avenue, Asquith. The site has an area of 3,274m2 and a 66.11m frontage to the road. The site experiences an average gradient of 6% from the front to the rear property boundary.

Existing improvements on the site include four dwelling-houses with associated garages and carports accessed off Baldwin Avenue via existing driveways. The site and adjoining property contains exotic, native (exempt species) and protected locally occurring tree species.

The site is located approximately 300m east of Asquith Railway Station and the Asquith Commercial Centre. The site is within a redevelopment precinct zoned for two storey townhouse style developments which is undergoing transition. To the north of the site, on the opposite side of Baldwin Avenue, are dwelling houses in an R2 Low Density Residential zone.  To the south and east, the site adjoins Asquith Girls High School which is within an R2 Low Density Residential zone and to the west are dwelling houses on land zoned R3 Medium Density.

The site is not bushfire prone, flood prone and does not contain significant bushland.

PROPOSAL

The application proposes the demolition of the existing structures and construction of a two-storey multi dwelling housing development with attics comprising 24 townhouses over basement car parking. The townhouses are proposed in two rows with a central courtyard accommodating private open space areas and a common walkway.

The unit configuration includes 1 x 2 bedroom dwellings,  22 x 3 bedroom dwellings and a 1 x 4 bedroom dwelling with ground level open space fronting the street and rear setbacks. Pedestrian access to the basement carpark is provided via a lift and stairwell within the central courtyard.

The development would be accessed from Baldwin Avenue via a driveway located in the middle of the site. A total of 53 car parking spaces are proposed including 49 residential car spaces, with 4 disabled car spaces, 4 visitor car spaces, 8 bicycle spaces and 1 motorcycle space.

It is proposed to drain stormwater to an existing drainage easement located within the Asquith Girls High School via an on-site detention tank located below ground within the rear setback.

A waste storage room is provided in the basement and a bin collection and bulky goods storage area would be provided in the front setback area for Council garbage collection.

ASSESSMENT

The development application has been assessed having regard to ‘A Plan for Growing Sydney’, the ‘Draft North District Plan’ 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 District Plan

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 and actions for accommodating Sydney’s future population growth and identifies dwelling targets to ensure supply meets demand.  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, Mosman, North Sydney, Ryde, Northern Beaches and Willoughby to form the North District.  The Greater Sydney Commission has realised the draft North District Plan which includes priorities and actions for the Northern District for the next 20 years. The identified challenge for Hornsby Shire will be to provide an additional 4,350 dwellings by 2021 with further strategic supply targets to be identified to deliver 97,000 additional dwellings in the North District by 2036.

The proposed development would be consistent with ‘A Plan for Growing Sydney’, by providing 20 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 R3 Medium Density Residential under the HLEP. The objectives of the zone are:

·              To provide for the housing needs of the community within a medium density residential environment.

·              To provide a variety of housing types within a medium density residential environment.

·              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 “multi dwelling housing” and is permissible in the zone with Council’s consent.

2.1.2     Height of Buildings

Clause 4.3 of the HLEP provides that the height of a building on any land should not exceed the maximum height shown for the land on the Height of Buildings Map. The maximum permissible height for the subject site is 10.5m. The proposal complies with this provision.

2.1.3     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.

Council’s assessment of the proposed earthworks and excavation concludes that the proposal is satisfactory subject to conditions regarding submission of a dilapidation report assessing the impact of the excavation on the adjoining property at No.10 Baldwin Avenue.  A condition is recommended requiring excavated material to be classified by a suitably qualified person in accordance with the Department of Environment, Climate Change and Water NSW Waste Classification Guidelines to an approved waste management facility and a condition requiring certification be obtained from a suitable qualified environmental consultant confirming all fill imported to the site consists of Virgin Excavated Natural Material (VENM).

2.1.4     Design Excellence

Clause 6.8 of the Hornsby Local Environmental Plan 2013, Design Excellence, sets out matters for consideration to determine whether a proposed development exhibits a high standard of design.

Clause 6.8 states that development consent must not be granted to development to which this Clause applies unless, in the opinion of the consent authority, the proposed development exhibits design excellence.

Council has established a panel of suitably qualified architecture and urban design professionals to undertake a review of the design quality of relevant developments.

The Clause applies to development proposals on land with a proposed height over 29.6m. Whilst the proposed height of the townhouse development does not trigger the requirement of this clause, given that the original development application for the site (DA/276/2016) was refused on predominately urban design grounds, the subject application was referred to Brett Newbold Urban Planning Design Pty Ltd to undertake an independent urban design review of the proposal.

Preparation of the current plans has followed court proceedings which were commenced by the applicant, but which related to an entirely different development proposal.  The current proposal has refined essential elements of design solutions which were agreed by urban design experts during the Court proceedings.

The applicant provided numerous sets of amended plans to address urban design concerns raised by the urban design consultant by incorporating the following design elements:

·              Providing dormer windows, projecting balconies, deleting a dwelling at the rear and providing two rows of townhouses which are broken into four building forms to contribute to articulation,

·              Providing a façade that is well-composed between the ground floor and first floor by incorporating large bay windows,

·              Integrating site services with the design of landscaped areas and front facades by disguising the basement ramp with an overhanging dwelling, providing the on-site detention system in the rear yard disguised by turf and mass plantings, providing feature walls and landscaping to the bin enclosure along the street frontage,

·              Providing a solar access study indicating satisfactory sunlight is achieved,

·              Including privacy screening, incorporating highlight windows and providing living and dining rooms at the ground floor to ensure residential neighbours will not be overlooked,

·              Providing hedge plantings along the frontage and large canopy trees placed in strategic locations across the site to contribute directly to streetscape quality and accentuate the separation and articulation of building forms,

·              Improving interior layouts of the dwellings with configuration of the floor plans sufficient size to accommodate furniture and circulation.

Council’s urban design consultant reviewed the amended plans and advised that the plans demonstrate satisfactory urban design quality, and have provided positive responses to urban design considerations that are specified by the local controls (in particular, by Chapter 3.2 of Hornsby DCP 2013).

2.2        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.

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

The application has been assessed against the requirements of State Environmental Planning Policy No. 55. This Policy provides State-wide planning controls 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 properties have been used exclusively for residential purposes with no record of site contamination.  Given this, the site would be suitable for the proposed use and no further assessment in relation to this SEPP is required.

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

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

2.5        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.

2.6        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

66.1m

30m

Yes

Height

10.5m

10.5m

Yes

No. storeys

2 storeys + attic

2 storeys + attic

Yes

Height of Basement Above Ground

0m

1m (max)

Yes

Roof pitch

30 degrees

25 degrees (max)

No

Dormer Windows

Max. width

Min. separation

 

2m

2m

 

2m

2m

 

Yes

Yes

Front Setback

8.8m

7.6m

Yes

Balcony encroachment

6.2m

6m (max)

Yes

Side Setback (east)

3m

3m

Yes

Side Setback (west)

3m

3m

Yes

Rear Setback

6m

6m

Yes

Separation between units

9.5m - 12m

6m (between screened habitable rooms & balconies)

Yes

Deep Soil Landscaped Areas

6m-front

4.3m - 6m-rear

3m - 6m-(east)

3m – 4.6m-(west)

6m-front

4m-rear

3m-sides

3m-sides

Yes

Yes

Yes

Yes

Principle Private Open Space with minimum dimension 3m

>24m2

Min. 24m2

Yes

Parking

 49 resident spaces

4 visitor space

8 bicycle racks

 1 motorbike space

36 resident spaces

3 visitor spaces

3 bicycle racks

 1 motorbike space

Yes

Yes

Yes

Yes

Solar Access

 

 62.5%

 

70% receive 3 hours

No

Housing Choice

0% - 1br

4% - 2br

92% - 3br

4% - 4br

10% of each type (min)

No

Adaptable Units

12.5%

10%

Yes

As detailed in the above table, the proposed development does not comply with the 25 degree roof pitch requirement, housing mix and solar access to private open spaces within the HDCP. The matters of non-compliance are detailed in Section 2.1.4 of the report above and below, as well as a brief discussion on compliance with relevant desired outcomes.

2.6.1     Desired Future Character

The proposed development is in accordance with the desired future character for the area for well-articulated two-storey townhouse buildings in garden settings with basement car parking, pitched roofs with wide eaves and additional floor area within the roof space.

2.6.2     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 as the site adjoins Asquith Girls High School to the east and Nos.8 and 10 Baldwin Avenue to the west of the site have sufficient area to redevelop together in the future.

2.6.3     Setbacks

The setbacks are assessed under the relevant headings:

Front Setback (Baldwin Avenue)

The proposed townhouses would be setback 8.8m to the Baldwin Avenue with balconies encroaching to 6.2m for 50% of the total building frontage to allow for building articulation. The encroachment of the balconies would not have an adverse impact on the streetscape and would enhance the building façade fronting the street by including offsets and indents and would comply with the HDCP setback encroachments for balconies fronting the street.

Side Setbacks

The HDCP permits a 3m side setback where windows and openings are orientated toward the front and rear and not the side boundaries. Units 12 and 24 would be setback 3 metres from the western side boundary. These units contain living rooms and open space at ground level, with the upper levels reserved for bedrooms and bathrooms. Units 12 and 24 would contain living room windows orientated towards the western side boundary, however, there would be no unreasonable privacy or amenity impacts on the adjoining property given these are positioned at ground level. The landscape plan includes screen vegetation along the western boundary which, combined with a 1.8m dividing fence, would minimise impacts associated with this setback.

Rear Setback

The proposed townhouses would be setback 6m to the rear boundary which complies with the minimum 6m rear setback provision for townhouses in the HDCP.

2.6.4     Roof Design

The development incorporates pitched roofs with wide eaves extending to the front and rear of each unit. The roof pitch would be 30 degrees which does not comply with the HDCP requirements which state that it should be a maximum of 25 degrees.

With respect to th