HSC_100K_NEW

 

 

BUSINESS PAPER

 

Local Planning Panel meeting

 

Wednesday 26 February 2020

at 6:30PM

 

 

 

 


Hornsby Shire Council                                                                                           Table of Contents

Page 0

 

TABLE OF CONTENTS

 

GENERAL BUSINESS

Local Planning Panel

Item 1     LPP1/20 Development Application - Amend Approved Subdivision Boundary - 60 Lonsdale Avenue, Berowra Heights............................................................................................ 1  

 


 


 

LPP Report No. LPP1/20

Local Planning Panel

Date of Meeting: 26/02/2020

 

1        DEVELOPMENT APPLICATION - AMEND APPROVED SUBDIVISION BOUNDARY - 60 LONSDALE AVENUE, BEROWRA HEIGHTS   

 

EXECUTIVE SUMMARY

DA No:

DA/1339/2018/A (Lodged 12 December 2019)   

Description:

Section 4.55 (2) – Torrens title subdivision of one lot into two and alterations and additions to the existing dwelling

Property:

Lot 1 DP 208907, No. 60 Lonsdale Avenue, Berowra Heights

Applicant:

Robert Moore and Associates

Owner:

Mr Nathan James Tilbury

Ms Giselle Ribeiro Claudino

Ward:

A

·              The application involves modification to DA/1339/2018 for Torrens title subdivision of one lot into two including alterations and additions to an existing dwelling.

·              The application involves land owned by a Hornsby Shire Councillor and is required to be determined by the Hornsby Local Planning Panel. An independent assessment of the development application has been undertaken by Octagon Planning Pty Ltd.

·              One submission was received during the notification period.

·              The report by Octagon Planning Pty Ltd is attached to this report for the Hornsby Local Planning Panels consideration.  The independent consultant’s report recommends approval of the application.

 

 

RECOMMENDATION

THAT pursuant to Section 4.55(2) of the Environmental Planning and Assessment Act 1979, Development Application No. DA/1339/2018 for Torrens title subdivision of one lot into two including alterations and additions to an existing dwelling at Lot 1 DP 208907, No. 60 Lonsdale Avenue, Berowra Heights be amended as detailed in Schedule 1 of LPP Report No. LPP1/20.

 

 


ASSESSMENT

In accordance with the referral criteria and procedural requirements for Independent Hearing and Assessment Panels, the assessment of the development application has been referred to an independent town planning consultant as the landowner is a Hornsby Shire Councillor.  The report by Octagon Planning is held at Attachment 1 of this report.

CONCLUSION AND REASONS FOR recommendation

The application proposes to amend the location of the approved subdivision boundary between the two proposed lots.

Council has referred the application to an independent planning consultancy to carry out an assessment of the application.  The assessment concludes that the modification should be approved.

One submission was received in respect of the application.

It is recommended that the Hornsby Local Planning Panel approve the modification in accordance with the recommendation in the report prepared by Octagon Planning Pty Ltd and the conditions of consent held at Schedule 1 of this report.

Note:  At the time of the completion of this planning report, no persons have made a Political Donations Disclosure Statement pursuant to Section 10.4 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 Nicola Stainton from Octagon Planning Pty Ltd.

 

 

 

 

 

 

Cassandra Williams

Major Development Manager - Development Assessments

Planning and Compliance Division

 

 

 

 

Rod Pickles

Manager - Development Assessments

Planning and Compliance Division

 

 

 

 

Attachments:

1.

Locality Map

 

 

2.

Consultant's Report

 

 

3.

Amended Detail

 

 

4.

Modified Subdivision

 

 

 

 

File Reference:           DA/1339/2018/A

Document Number:     D07844387

 

SCHEDULE 1

Date of this modification:

26 February 2020

Details of this modification:

Amend location of approved subdivision boundary

Conditions Added:

Nil

Conditions Deleted:

Nil

Conditions Modified:

1

 

GENERAL CONDITIONS

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

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

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

1.         Approved Plans and Supporting Documentation

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

Plan No.

Plan Title

Drawn by

Dated

Council Reference

180021 P5

Subdivision Plan

Robert Moore & Associates

10/12/2019

 

180021 DT2 C

Detail Plan

Robert Moore & Associates

30/01/2020

 

180021 E1

Engineering Plans Cover Sheet, Sheets 1-8

Robert Moore & Associates

08/10/2018

 

 

Document Title

Prepared by

Dated

Council Reference

Arboricultural Impact Assessment Report, Rev 2

Urban Arbor

17/10/2018

D07651999

Bushfire Report

Building Code & Bushfire Hazard Solutions Pty Ltd

11/10/2018

D07585575

NSW RFS General Terms of Approval

NSW RFS

24/01/2019

D07600103

2.         Amendment of Plans

a)         To prevent unsafe access and egress onto the driveway, the existing door along the northern elevation must be fixed by way of installation of a balustrade, window or bricked in.

b)         Details must be provided with the application for a Construction Certificate.

3.         Appointment of a Project Arborist

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

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

4.         Removal of Trees

This development consent permits the removal of tree(s) numbered 16, 17, 18, 19, 21, 22, 23 and 24 as identified in Appendix 1 (site plan) in the Arboricultural Impact Assessment submitted by Urban Arbor (TRIM: D07651999).

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.

5.         Construction Certificate

a)         A construction certificate must be approved by either Council or a Private Certifying Authority (PCA) prior to the commencement of any works on the site approved under this development consent.

b)         The plans submitted with the application for the construction certificate must not be inconsistent with the plans approved under this development consent.

6.         Section 7.11 Development Contributions

a)         In accordance with Section 4.17(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

       $1,902.45

Open Space and Recreation

       $13,041.80

Community Facilities

       $5,013.65

Plan Preparation and Administration

       $42.05

TOTAL

       $20,000

being for one additional lot.

b)         The value of this contribution is current as at 4 June 2019. 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

7.         Building Code of Australia

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

8.         Contract of Insurance (Residential Building Work)

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.

9.         Notification of Home Building Act 1989 Requirements

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

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

i)          The name and licence number of the principal contractor.

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

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

i)          The name of the owner-builder.

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

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

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.        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".

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.

f)          Pedestrian and cyclist access/safety.

13.        Drainage – Dwellings

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

a)         The interallotment drainage system must be designed and constructed in accordance with Hornsby Council’s Civil Works Specifications.

b)         Connected directly into Council’s street drainage system at Lonsdale Avenue.

14.        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 AS2890.1, AS3727 and the following requirements:

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

b)         The driveway be a rigid pavement.

c)         The driveway pavement be a minimum 3 metres wide, 0.15 metres thick reinforced concrete with SL72 steel reinforcing fabric and a 0.15 metre sub-base.

d)         The pavement has a kerb to one side and a one-way cross fall with a minimum gradient of 2 percent and a lintel and pit provided at the low point.

e)         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.

f)          Planting of landscaping strips 0.5 metres wide alongside of the length of the driveway, apart from the existing dwelling.

g)         Any structure including eaves gutters encroaching over the access driveway shall be removed.

h)         In accordance with the approved plans, a minimum of 2 car spaces shall be provided for proposed Lot 1.

i)          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.

j)          A common turning area to service the proposed subdivision in accordance with Australian Standards AS 2890.1 to ensure vehicles can enter and leave the site in a forward direction. A right of access shall be created over the turning area to ensure access is maintained at all times.

k)         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.

15.        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.

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.

16.        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.

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

17.        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.

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.

18.        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.

d)         Have been identified as requiring a temporary hoarding, fence or awning within the Council approved Construction Management Plan (CMP).

Note:  Notwithstanding the above, Council’s separate written approval is required prior to the erection of any structure or other obstruction on public land.

19.        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.

20.        Installation of Tree Protection Fencing

a)         All trees numbered 1-7 must have tree protection measures for the ground, trunk and canopy installed by the project arborist.

b)         All tree protection measures for the ground, trunk and canopy installed by the project arborist must be set in accordance with Australian Standard AS 4970-2009 Protection of Trees on Development Sites.

c)         The placement of tree protection fencing for trees numbered 1-7 must be in accordance with the Site plan-tree protection plan in Appendix 1 of the Arboricultural Impact Assessment provided by Urban Arbor.

d)         Tree protection fencing for the trees to be retained numbered 1-7 must be installed by the project arborist and consist of 1.8m high temporary fencing panels installed in accordance with Temporary Fencing and Hoarding Standards Australian Standard AS 4687-2007.

e)         The protection fencing must have shade cloth or similar attached to reduce transport of dust, particulates and liquids from entering the tree protection zone.

f)          Tree Protection fencing must have identifying signs attached, with the lettering complying with Australian Standard AS 1319.

21.        Tree Trunk and Branch Protection

a)         Tree crown protection measures are required and must install by the project arborist.

b)         Must be applied in accordance with the relevant requirements section 3.3.6 Crown protection of Australian Standard 4970-2009 Protection of Trees on Development Sites.

c)         The circumference of the Trunk and or branches must be wrapped in hessian or similar material to provide cushioning for the installation of timber planks (50 x100mm or similar).

d)         Timber Planks must be spaced at 100mm intervals and must be attached using adjustable ratchet straps.

22.        Tree Protection Zone - Ground Protection

a)         All tree protection zones must have a layer of wood-chip mulch at a depth of between 150mm and 300mm that complies with the relevant requirements of Australian Standard AS 4454 Composts, Soil Conditioners and Mulches installed prior to works commencing.

b)         Where fencing cannot be installed inside the TPZ the wood-chip must be covered with a layer of geotextile fabric and rumble boards to allow for small plant movement and/or placement of storage of material.

23.        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

24.        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.

25.        Demolition

To protect the surrounding environment, all demolition work must be carried out in accordance with Australian Standard AS2601-2001 – 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 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.

c)         On construction sites where any building contains 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.

26.        Environmental Management

To prevent sediment run-off, excessive dust, noise or odour emanating from the site during the construction, 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.

27.        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. 

28.        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.

29.        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.

30.        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 and Protection of the Environment Operations (Waste) Regulation 2014 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.

31.        Prohibited Actions Within the Tree Protection Zone

In accordance with the Australian Standards AS 4970-2009, the following is prohibited within the fenced area of TPZ:

a)         Soil cut or fill including excavation and trenching.

b)         Soil cultivation, disturbance or compaction.

c)         Stockpiling storage or mixing of materials.

d)         The parking, storing, washing and repairing of tools, equipment and machinery.

e)         The disposal of liquids and refuelling.

f)          The disposal of building materials.

g)         The siting of offices or sheds.

h)         Any action leading to the impact on tree health or structure.

32.        Works Near Trees

a)         To maintain tree health and condition for trees numbered 1-7 on the approved plans, the appointed project arborist must monitor and record any and all necessary remedial actions required. 

b)         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.

33.        Maintaining Tree protections zones

The Tree Protection Zone must be maintained by the project arborist in accordance with section 4.6 requirements of Australian Standard AS 4970-2009, Protection of Trees on Development Sites.

34.        Works within Tree Protection Zones

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

i)          Driveway/concrete slabs (no-strip footing)

ii)          The replacement driveway must be constructed using the following process:

iii)         Demolition must be done manually using small plant such as jackhammer.

iv)         Sub-grade preparation must have no cut.

v)         Subgrade must be raised by 100mm using gap-graded material consistent with Australian Standards Soils for Landscaping and Garden Use AS 4419-2003.

vi)         A layer of geotextile or rubber underlay must be installed between the sub-grade and concrete.

b)         Grade Changes are permissible in the form of fill in conjunction with piers or other sensitive methods of construction.  All fill used must be consistent with Australian Standards Soils for Landscaping and Garden Use AS 4419-2003.

c)         To minimise impacts within the Tree Protection Zone (TPZ) of trees numbered 1-7 on the approved plans the installation of services must be undertaken as follows:

i)          The project arborist must monitor the installation of any underground services which enter or transect the tree protection zone.

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

35.        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.

36.        Works Near Trees Certification

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

b)         Certification should include a statement of site attendance, the condition of 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.

REQUIREMENTS PRIOR TO THE ISSUE OF A SUBDIVISION CERTIFICATE

37.        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.

38.        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.

39.        Demolition of Structures

Any structure that traverses the proposed allotment boundary/ies or right of way shall be demolished prior to the release of the subdivision certificate.

40.        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 Subdivision Certificate.

41.        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”.

42.        Boundary fencing

A 1.8m high timber lapped and capped boundary fence be erected along the northern side boundary for the entire length of the driveway (behind the front building line).

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

43.        Creation of Easements

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

a)         A right of access and easement for services over the access corridor.

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

c)         The creation of a “Positive Covenant” over the proposed Lot 2 requiring that any future development is to provide an on-site detention system.  The on-site detention system is to have a storage capacity of 5 cubic metres and a maximum discharge of 8 litres per second into Council’s drainage system in accordance with Council’s prescribed wording.

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

44.        Works as Executed Plan

A works-as-executed plan(s) must be prepared by a registered surveyor and submitted to Council for the completed driveways and inter-allotment drainage 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.

45.        Screening Trees

Landscape screening must be provided in front of the two car spaces at the front of Lot 1 by the retention and enhancement of the existing landscaping.

46.        Replacement Tree Requirements

a)         The trees approved for removal under this consent must be offset through replacement planting of a minimum 8 trees which must be planted across Lots 1 and lot 2.

b)         All replacement plantings must be species selected from the Council’s Indigenous species listing located in the Hornsby Development Control Plan 2013.

c)         The location and size of the replacement plantings must comply with the following:

i)          All replacement trees must be located in the rear setback of Lot 1 and must be planted 4 metres or greater from the foundation walls of the approved development.

ii)          The pot size of the replacement trees must be a minimum 45 litres.

iii)         All replacement trees must be a minimum of 3 metres in height.

iv)         All replacement trees must have the potential to reach a mature height greater than 15 metres.

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

47.        Final Certification

a)         The AQF 5 Project arborist must submit to the principal certifying authority a certificate that states the following:

i)          All the tree protection requirements comply with the tree protection plan.

ii)          All completed works have been carried out in compliance with the conditions of consent and approved plans.

iii)         Dates and times and reasons for site attendance.

iv)         The post development condition of the health for the retained tree number 1.

v)         Details necessary work to maintain tree health.

vi)         Details of tree protection zone maintenance.

vii)        Tree replacements meet NATSPEC guidelines and the approved landscape plan.

Note: Copies of monitoring documentation may be requested throughout DA process.

GENERAL TERMS OF APPROVAL – RURAL FIRE SERVICE

The following conditions of consent are General Terms of Approval from the nominated State Agency pursuant to Section 4.47 of the Environmental Planning and Assessment Act 1979 and must be complied with to the satisfaction of that Agency.

48.        Bushfire Risk

General Terms of Approval, under Division 4.8 of the ‘Environmental Planning and Assessment Act 1979’, and a Bush Fire Safety Authority, under Section 100B of the 'Rural Fires Act 1997', are now issued without any specific 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 4.17 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

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 the Hornsby Development Control Plan 2013.

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.

·              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.

Note:  At the present time Hornsby Shire Council is the only authority that can be appointed as a PCA for subdivision works within the Shire.

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.

House Numbering

The house numbering for this subdivision shall be:

Lot

Street Number

Street Name

Street Type

Locality

Lot 1

60

Lonsdale

Avenue

Berowra Heights

Lot 2

60A

Lonsdale

Avenue

Berowra Heights

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 SafeWork 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.adfa.org.au

www.workcover.nsw.gov.au

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

 

 


Hornsby Shire Council

Attachment to Report No. LPP1/20 Page 18

 

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Hornsby Shire Council

Attachment to Report No. LPP1/20 Page 28

 

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Hornsby Shire Council

Attachment to Report No. LPP1/20 Page 47

 


Hornsby Shire Council

Attachment to Report No. LPP1/20 Page 49

 


 

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