Planning Report No. PLN204/08
Date of Meeting: 15/10/2008
3 DEVELOPMENT APPLICATION - AGED OR DIFFERENTLY ABLED PERSONS HOUSING
2A
|
Development
Application No: |
DA/928/2007 |
|
Description
of Proposal: |
Construction of an aged or differently abled persons housing development comprising 91 units with basement car parking and alterations and additions to Mount Wilga House (heritage item) for use as ancillary communal facilities |
|
Property
Description: |
Lot 12 DP |
|
Applicant: |
Austcorp Project No 1 Pty Ltd |
|
Owner: |
Austcorp Project No 1 Pty Ltd |
|
Statutory Provisions: |
Hornsby Shire LEP 1994 (Special Uses A (Community Purposes)) SEPP (Housing for Seniors or People with a Disability) 2004 SEPP 65 Design Quality of Residential Flat Development |
|
Estimated
Value: |
$38,126,617 |
|
Ward: |
A |
RECOMMENDATION
THAT development
application DA/928/2007 at Lot 12 DP 1079875 (No. 2A)
EXECUTIVE SUMMARY
1. The application
proposes the staged construction of housing
for aged or differently abled persons comprising five buildings ranging in
height from 2 to 4 storeys incorporating 91 self care units and alterations and
additions to Mt Wilga House and its use as an ancillary communal facility.
2. The property was
previously approved for 79 self care aged housing units in five buildings
ranging in height from 2 to 5 storeys, under SEPP No. 5 pursuant to
DA/2355/1999. The approved development
has physically commenced.
3. The proposal complies
with the provisions of the Hornsby Shire Local Environmental Plan that permits ‘housing for aged or differently abled
persons’ on the property. The
proposal also generally complies with SEPP (Housing for Seniors or People with
a Disability) 2004 and SEPP 65 Design Quality of Residential Flat Development.
4. It is recommended that
the application be approved.
HISTORY OF THE SITE
The site was used as a residential property between
1907-1952, as a Commonwealth Government rehabilitation hospital between
1952-1987, a private rehabilitation hospital between 1987-1990 and as a
On 24 February
2000, Council approved Development Application No. 2355/1999 for a “Five stage development comprising housing
for older people or people with a disability (retirement village consisting of
81 residential units), parking for 127 vehicles, an associated recreation
facility, refurbishment and ancillary use of the existing Mt Wilga Heritage
building, and the demolition of other existing buildings”. Thereafter in 2003, the application was
amended to delete two approved units.
In 2004
demolition work was undertaken on the property pursuant to DA No.
2355/1999. A letter from Council’s
Executive Manager Planning Division to Austcorp dated 2 July 2004 confirmed in
relation to DA No. 2355/1999 that “in
view of the demolition works completed on the site it is considered the
development consent has been physically commenced.”
On 11 July
2007 the current development application No. 928/2007 was submitted to the
Council. On 12 November 2007 the
application was amended. The amendments
included reduction of the building bulk on Buildings A, C and E adjacent to
THE SITE
Description
The 2.31
hectare site at 2A Manor Road Hornsby is an irregular shaped property, bounded
by
The site has a frontage of 420
metres to
The property
is sited on the apex of a long ridge with views to the surrounding area. Mt Wilga House is located near the centre of
the site in an elevated position. From
this central position, the site’s topography falls down towards the eastern,
southern and western property boundaries with an average gradient of 12% to
18%.
The property contains Mt Wilga House which is a heritage item of regional significance. This building comprises a two storey masonry and tile building with a hipped and pitched roof and a ground floor balcony. In September 1987 a Permanent Conservation Order under the Heritage Act was established in respect of the property. The heritage listing identifies a curtilage around Mt Wilga House of approximately 1.2 hectares, which is located over the eastern half of the site.
Part of the adjacent Mt Wilga Hospital buildings encroach over the common northern boundary. The encroachments include a disused waiting room, a covered pedestrian walkway and eaves/awnings to a rehabilitation building.
The grounds
around Mt Wilga House are landscaped with grassed lawns, interspersed with
mature trees and lower vegetation. A
significant stand of trees is located on the southern side of the site
adjoining
The area to be developed drains
to the south towards
Approximately 30% of the site is identified as bushfire prone in the south of the site.
THE PROPOSAL
The proposal
seeks consent for the staged construction of housing
for aged or differently abled persons comprising five residential flat
buildings ranging in height from 2 to 4 storeys including 3 x 1 bedroom units, 76 x 2 bedroom units and 12 x 3
bedroom units (total of 91 units). In
addition, alterations and additions are proposed to Mr Wilga House and
use of the heritage item for communal facilities ancillary to the aged housing
development. A total of 184 parking
spaces are provided and accessed via the site’s primary driveway from
The Development Components are summarised in the following:
|
Development Component |
Description |
|
Basement |
182 car parking spaces comprising: * 71
double residential spaces, * 20
single residential spaces, * 19
visitor/ staff spaces, and * 1
caretaker’s space. 1 community
bus bay, 1 double car
wash bay, and garbage
storage rooms. |
|
Building A - storeys - ceiling height - unit mix - floor area |
- 3 storeys - 6 to 10.6 metres - 14 x 2-bed units, 2 x 3-bed units (Total 16 units) - 1945sqm |
|
Building B - storeys - ceiling height - unit mix - floor area |
- 3 storeys - 9 metres - 12 x 2-bed units, 2 x 3-bed units. (Total 14 units) - 1709sqm |
|
Building C - storeys - ceiling height - unit mix - floor area |
- 3 storeys - 7.3 to 10 metres -14 x 2-bed units, 2 x 3-bed units. (Total 16 units) - 1911sqm |
|
Building D - storeys - ceiling height - unit mix - floor area |
- 4 storeys - 11.9 metres -20 x 2-bed units, 2 x 3-bed units. (Total 22 units) - 2602sqm |
|
Building E - storeys - ceiling height - unit mix - floor area |
- 2 to 4 storeys - 4.2 to 11.5 metres - 3 x 1-bed units, 16 x
2-bed units, 4 x 3-bed units. (Total 23
units) - 2899sqm |
|
Mt Wilga House |
multi-purpose recreation facility for the residents, meeting rooms, Doctors rooms, a one bedroom caretakers residence and 2 car parking spaces (at grade). |
|
Total gross floor area |
11659sqm |
|
Site Coverage |
24% |
|
Total Communal landscaping |
68% |
|
Deep Soil Zone |
58% |
|
Private Open Space per unit |
12
to 62sqm (average 25sqm) |
The
development is proposed to be constructed in five stages as follows:
Stage A:
· Alterations and additions to Mt Wilga House;
· Upgrade vehicular and pedestrian links from
·
· Two temporary visitor parking spaces are on
land to be developed as stage C;
· Vehicular access to the Building A basement
via the secondary access to
· Waste collection is to occur from the new
waste collection area near Mt Wilga House.
The caretaker is to transfer bins from the basement waste rooms. Waste vehicles are to collect from the
internal round-a-bout;
· Stage
A stormwater management is to include the permanent downstream system through
Stage B and E onto and down
· Bulk earthworks for Stages A to E.
Stage B:
· Construct Building B, the basement ramp and
part of the basement parking (17 double and 1 single residential spaces, 12
visitor spaces, 1 caretakers space); and
· Landscaping of the rear yard (west) of Mt
Wilga House including the loop path.
Stage C:
· Construct Building C;
· Expansion of the basement, incorporating an
internal driveway linking the
· Additional basement parking (21 double and 3
single residential spaces, 7 staff/visitor spaces and 1 vehicle car wash-bay).
Stage D:
·
· Additional basement parking (14 double and 2
single residential spaces).
Stage E:
· Construct Building E; and
· Completion of the basement parking (15 double
and 1 single residential spaces).
A comparison of the approved and proposed development is summarised in the table below:
|
Development
Component |
Approved (DA/2355/99/A) |
Proposed (DA/928/07) |
Net Change |
|
Total Units |
79 |
91 (+ 1 caretaker unit) |
+ 12units |
|
Aged Housing Unit Mix |
13 * 2 bed 66 * 3 bed |
3 * 1 bed 76 * 2 bed 12 * 3 bed |
+ 3 * 1 bed + 63 * 2 bed - 54 * 3 bed |
|
Total Bedrooms (including studies) |
224 |
191 |
15% reduction |
|
On-site parking |
115 residential 23 visitor/staff 138 total |
162 residential 22 visitor/staff 184 total |
33% increase |
|
FSR |
0.52:1 |
0.504:1 |
Similar |
|
Site Coverage |
24% |
24% |
Similar |
ASSESSMENT
The development application has been assessed having regard
to the ‘2005 City of
1. STRATEGIC CONTEXT
1.1 Metropolitan Strategy – (Draft) North
Subregional Strategy
The Metropolitan Strategy is a broad framework to secure
The draft Subregional Strategy sets the following targets for the Hornsby LGA by 2031:
· Employment capacity to increase by 9,000 jobs; and
· Housing stock to increase by 11,000 dwellings.
The proposed development would be consistent with the draft Strategy by providing an additional 91 aged care dwellings and would improve 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 other prescribed matters.
2.1 Hornsby Local Environmental Plan 1994
The subject land is zoned Special Uses A (Community Purposes) Zone under Hornsby Local Environmental Plan 1994 (HSLEP). The objectives of the Special Uses zone are:
(a) to provide for the cultural needs of the community,
(b) to identify land for the provision of community services and facilities,
(c) to ensure that community uses are compatible with the amenity of the area in which they are located.
The proposed development is not inconsistent
with the zone objectives.
The proposed development is defined as ‘housing for aged or differently abled persons’ under HSLEP and is permissible in the zone with Council’s consent.
There is no floor space ratio (
Clause 18 of HSLEP sets out
heritage conservation provisions within the Hornsby area. The property at 2A
2.2 State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004
The application was lodged with
the Council on 11 July 2007 and seeks consent for the use of the premises for “multi-unit access for life residential
dwelling complex for independent aged persons of all mobility levels.” At the time the application was lodged, the
provisions of SEPP (Seniors Living) 2004 did not apply to the site as Clause 4
of the Policy did not apply to properties identified as bushfire prone land or
properties listed on the State Heritage register. Rather, Council was able to consider the
application under the provisions of the Hornsby Shire LEP 1994 that permits ‘housing
for aged or differently abled persons’ with consent in the Special Uses A
zone.
Amendment No. 2
to SEPP (Seniors Living) commenced on 14 October 2007. At that time the SEPP was modified and
renamed SEPP (Housing for
Seniors or People with a Disability) 2004.
The modified SEPP now applies to land identified as bushfire prone and
listed on the State Heritage register.
However, the savings provisions in Clause 53 of the SEPP (Housing for
Seniors) are not applicable to the application as this only relates to a development
application made pursuant to chapter 3.
The applicant submitted modified plans in November
2007 and clarified that the application was not being lodged pursuant to SEPP
(Housing for Seniors) 2004.
The SEPP (Housing for Seniors or People with a Disability)
2004 only applies to a development application made pursuant to the policy
itself. This is reflected in chapter 3
of the Policy where most of the clauses contained within that chapter are
worded as follows:
“A consent authority must not consent to a development application made
pursuant to this chapter…”
The application is required to be assessed having
regard to the relevant provisions contained with Hornsby Shire LEP 1994
relating to development for ‘housing for
aged or differently abled persons’ within the meaning of the definition in
HSLEP. The Housing for Seniors SEPP is a
relevant consideration as part of the assessment and must be taken into
consideration pursuant to section 79C of The Act. However, as the development application is
not being made pursuant to the SEPP, any non compliances with the standards
contained in the Policy do not give rise to the need for the lodgement of a
SEPP 1 objection. The SEPP is a matter
for consideration and some weight needs to be given to the Seniors Policy in
the determination of the application.
The
assessment of the proposal in accordance with the relevant requirements of SEPP
(Housing for Seniors), is commented on as follows:
· Clause 26 Location
and access to facilities
The
Policy requires a public transport service to be available within 400 metres of
the site, with suitable gradients along the access route.
Shorelink Bus Service ‘Route 595’ (
The
application also proposes to provide a dedicated ‘shuttle bus’ for the use of
residents in addition to the existing public bus service. The shuttle bus would be used for trips for
residents between the site and local services (i.e. shops and medical
facilities) and for special day trip outings.
Appropriate conditions are proposed to ensure compliance with this
proposal.
The
access arrangements for the development are appropriate.
· Clause 27 Bush
fire prone land
The
development is on bushfire prone land.
The SEPP requires the development to comply with the document ‘Planning for Bushfire Protection’. The application was referred to the
· Clause 28 Water
and sewer
The
property is serviced by reticulated water and sewerage.
· Clause 29 Consider
site compatibility criteria for applications to which clause 24 does not apply
The
proposed use of the site for housing for aged or differently abled persons,
that is permissible pursuant to the HSLEP.
The proposed use of the land is permissible with consent, is compatible
with the natural environment, and the services and infrastructure are able to
meet the demands arising from the development with appropriate consent
conditions. The impact of the building
bulk, scale, built form and character on the locality is assessed in this
report.
· Clause 30 Site
Analysis
The
application plans, Statement of Environmental Effects and accompanying
documents provide details on the existing site and locality.
· Clause 31 Design
of in-fill self-care housing
The
Policy requires Council to take into consideration the provisions of the ‘Seniors Living Policy: Urban Design
Guideline for Infill Development’ when considering applications lodged
pursuant to the SEPP. The design
principles in this guideline are considered in the assessment of the
application.
· Clause 33
Neighbourhood amenity and streetscape
The
proposed development contributes to the quality and identity of the area and
has been designed to harmonise with the heritage significance of the site. The development maintains satisfactory
neighbourhood amenity by:
* providing building setbacks to reduce bulk and
overshadowing;
* using building form and siting that relates to the site’s
land form;
* stepping the building height along the
* considering the impact of building walls on neighbours by
providing appropriate setbacks;
* establishing a suitable front setback that provides a
landscape setting for the development; and
* retention of significant trees where reasonable.
· Clause 34 Visual
and acoustic privacy
The
separation of the buildings from neighbouring residential properties complies
with the Residential Flat Design Code (SEPP 65), as detailed in this report.
· Clause 35 Solar
access and design for climate
The
siting and orientation of the proposed units generally complies with the the
Residential Flat Design Code as discussed under the heading of SEPP 65 in this
report. Furthermore, a BASIX certificate
has been submitted with the application to ensure the design minimises energy
use.
· Clause 36
Stormwater
Adequate
on-site stormwater detention is proposed.
· Clause 37 Crime
Prevention
The
applicant submitted a report addressing the principles set out in CPTED (Crime
Prevention Through Environmental Design).
The development would achieve passive and active surveillance, access
control, territorial reinforcement, and space management.
· Clause 38
Accessibility
The
proposed development has obvious and safe pedestrian links from the site to
public transport services. Adequate
access and parking is provided for residents and visitors.
· Clause 39 Waste
Management
Adequate
waste storage and collection facilities are available.
· Clause 40
Development Standards
The
site area of 23,130sqm exceeds the minimum area of 1,000sqm under the Policy.
The
property has a frontage of approximately 420 metres to the street, in excess of
the minimum 20 metres under the Policy.
The
Policy prescribes maximum height controls of 8 metres and 2 storeys for
developments in residential zones where residential flat buildings are not
permitted. This clause does not apply as
the site is zoned Special Uses A, not residential. Furthermore, the clause does not apply as a
residential flat building is not prohibited on this site given that multi-unit
housing and strata subdivision are permissible land uses with consent.
· Clause 41
Standards for hostels and self contained dwellings
This
clause provides development standards to ensure an adequate level of access for
people with disabilities. The application
includes a Disability Access Assessment report by Access Associates Sydney that
addresses the controls in SEPP (Seniors Living).
|
Clause |
Provision |
Compliance |
|
2(1)&(3) |
Wheelchair
access: 100%
of the units must have wheelchair access by a continuous path of travel to an
adjoining public road and to common areas |
Yes The
levels are designed to provide a continuous accessible path from the units to
Mt Wilga House. From
Mt Wilga house a 1.5m wide pathway is provided to |
|
2(3) |
Security: Pathway
lighting |
Yes Condition
of consent. |
|
2(4) |
Letterboxes: Pathway
lighting |
Yes Condition
of consent. |
|
2(5) |
Private
car accommodation If
car parking (not being car parking for employees) is provided: (a) car
paces must comply with AS2890, and (b) 5%
of total number must be designed to enable width to be increased to 3.8
metres, |
Yes AS2890.1-1993
requires spaces 3.2m (wide) by 5.4m (long). Each of the units is provided
with one resident space that complies
with these dimensions. This does not
include the additional visitor/staff spaces.
78%
of the spaces are designed to enable the width to be increased to 3.8metres+ |
|
2(6) |
Accessible
entry Every
entry must comply with AS4299. |
Yes The
Access report advises that the majority of units comply. Compliance
is achievable via a condition of consent. |
|
2(7) |
Interior:
general Widths
of internal corridors and circulation at internal doorways must comply with
AS1428.1. |
Yes The
Access report advises that the units appear to comply with AS1428.1. Compliance
via condition of consent. |
|
2(8) |
Bedroom One
bedroom to accommodate a wardrobe and queen-size bed and a clear area of at
least 1200mm at the foot of the bed and 1000mm wide beside the bed and the
wall. |
No This
requires a clear space of 3530mm (w) by 3230mm (l) excluding the
wardrobe. The dimensions provided on
the plan indicate that some of the main bedrooms are under sized - for
example some units are 3100 by 3200mm.
Compliance is achievable via condition of consent, that may require
some minor internal modifications. |
|
2(9) |
Bathroom At least 1 bathroom to comply with AS1428.1 |
Yes The
Access report advises that the units can comply with AS1428.1. Compliance via
condition of consent. |
|
2(10) |
Toilet Provide a visitable toilet per AS4299. |
Yes The
Access report advises that the units can comply with this provision.
Compliance via condition of consent. |
|
2(11) |
Surface
finishes Slip resistance surfaces. |
Yes Compliance
via condition of consent |
|
2(12) |
Door
hardware |
Compliance
via condition of consent. |
|
2(13) |
Ancillary
items |
Compliance
via condition of consent. |
|
2(15) |
Living
room and dining room Circulation space per AS4299 |
Yes The
DA plans are annotated to show a circulation space with a 2250mm diameter.
Compliance via condition of consent |
|
2(16) |
Kitchen Circulation space per Cl.4.5.2 of AS4299 Width of door approaches of 1200mm |
Yes Access
report advises that a clear space between benches of 1450mm is
acceptable. Compliance via condition
of consent. |
|
2(17)
|
Access
to kitchen, main bedroom, bathroom and toilet |
N/A Only
applies to multi-storey self contained dwellings. |
|
2(18) |
Lifts
in multistorey buildings |
Yes Lift
access provided. Condition of consent
to require compliance with clause E3.6 of the BCA |
|
2(19) |
Laundry Width of door approach to be 1200mm Clear space in front of applicances of 1300mm |
Yes Access
report advises that all units have provision for a washing machine and dryer
with a clearance of 1300mm. |
|
2(20) |
Storage
for Linen Linen cupboard per AS4299 |
Yes Linen
cupboards provided. Condition of
consent to require compliance. |
|
2(21) |
Garbage A garbage storage area must be provided in an
accessible location |
Yes An
accessible path of travel is provided to the garbage storage rooms in the
basement. Caretaker to transfer bins
to the collection area. |
· Part 7 - Development standards that can not be used as
grounds to refuse consent
This part of the Policy provides
controls that can not be used as grounds to refuse consent. However, pursuant to clause 47, this part
does not apply to development applications relating to land to which a listing
under the Heritage Act 1977 applies.
2.3 State Environmental Planning Policy No. 65: Design Quality of Residential Flat Development
State Environmental Planning
Policy No. 65 (SEPP65) establishes design criteria for the assessment of
residential flat developments and for residential components of mixed
developments. The primary aim of SEPP 65 is to “improve the design quality
of residential flat development in
Principle 1: Context.
The
site contains the State heritage listed Mt Wilga House and grounds and is bounded
by Mt Wilga Private Hospital to the north, Manor Road to the south, Rosamond
Street to the east and low density residential properties to the west.
The
Hospital precinct to the north comprises a mixture of 1 to 2 storey buildings
with large building footprints characteristic of ‘institutional’
structures. The subject property
comprises Mt Wilga House that is predominantly a 1 to 2 storey building. The surrounding residential area comprises
detached dwelling houses of 1 to 2 storeys.
Therefore the current character of the locality comprises buildings of
varying bulk positioned in a landscaped setting, with a maximum building height
of up to 2 storeys.
The
proposed development comprises five residential flat buildings within a
landscaped setting, with a building height ranging from 2 to 4 storeys and a
predominant height of 3 storeys. The
siting of the proposed buildings respond to the site constraints, provide for
the retention of Mt Wilga House and its curtilage and establishes a landscaped
setting around the development. A
concern raised as part of the community consultation process is that the
building height would be inconsistent with the existing character of the
locality. The bulk and height of the
development is discussed further under ‘Scale’ below.
Principle 2:
Scale.
The
appropriateness of a development’s height and bulk is most usefully assessed
against planning controls related to these attributes, such as maximum height,
floor space ratio, site coverage and setbacks, as established by the planning
principles established by the Land & Environment Court.
There
is an absence of planning controls related to bulk and height for development
of housing for aged or differently abled
persons within the Special Uses A zone.
The planning controls indicate that the intent is to maintain the
existing character of the area. However,
in this assessment it is also relevant to take into account the form of the
(then) SEPP 5 scheme for the site for which development consent already exists
(DA/2355/99).
· Height
The
surrounding residential area has a predominant building height of up to 2
storeys. The approved development has
building heights ranging from 2 to 5 storeys whereas the current proposal has
building heights ranging from 2 to 4 storeys, with a predominant height of 3
storeys. Planning principles indicate
that buildings do not have to be the same height to be compatible with the locality. Where there are significant differences in
height, it is easier to achieve compatibility when the change is gradual rather
than abrupt. To address this planning
principle, the plans were modified to step back the 3rd floor of the
buildings adjacent to
Floor Space Ratio
The
proposed
Site Coverage
There
is no site coverage control guideline in SEPP (Housing for Seniors). A site coverage of 24% is achieved which is
consistent with the existing development consent (DA/2355/99). The extent of total communal landscaping of
68% exceeds the minimum development standard of 30% in SEPP (Housing for
Seniors). Similarly a deep soil zone of
58% is achieved which exceeds the minimum of 15% prescribed in SEPP (Housing
for Seniors). In summary, this scheme
has significantly minimised site coverage, resulting in additional building
height, in order to establish a generous landscape setting for the proposal and
Mt Wilga House.
Setbacks
Front setbacks and the way they are treated
are an important element of urban character.
Buildings A, C and E adjacent to
Setbacks from side
boundaries determine the rhythm of building and void. The siting of buildings A, C and E adjacent
to
The
development is setback 5.5 to 7 metres from the western property boundary with
the adjacent Residential A (Low Density) properties. The top floor (level 3) is set back 12 metres
from the side boundary. The proposed
setback provides for the retention of landscaping along the boundary, is consistent
with that achieved with the existing consent, and achieves building separation
in accordance with the RFDC.
In
summary, the above analysis of the height, floor space, site coverage and
building setbacks of the development indicates that the scale of the proposed
development provides a considered response to the scale of the existing and
approved developments in the locality.
Principle 3:
Built Form.
The proposal is an appropriate built form in that it provides a considered response to the scale of the existing and approved developments in the locality; the built form is articulated to minimise incongruous visual impacts on the streetscape; and the development responds to the heritage objectives for the site. (See further discussion under ‘Scale’ above.)
The materials of the proposed apartment buildings are compatible with the locality and include a mix of materials including rendered brickwork on the lower two levels and recessed weatherboard cladding on the upper floor to visually reduce the bulk of the building. The roof pitch and charcoal coloured tiles are compatible with the streetscape. The balconies have rendered up-stands. Aluminium louvered sliding screens are provided to some of the balconies, notably those facing west in Building E. A natural earth colour scheme is proposed to the elevations including beige, browns and greys. This colour scheme is generally consistent with the area.
The built form provides for good internal amenity and outlook as the units are consistent with the provisions of the RFDC. The development provides for an extensive landscape setting, well in excess of the minimum standards indicated in Part 7 of SEPP (Housing for Seniors).
Principle 4:
Density.
There is no maximum
Principle 5:
Resource, energy and water efficiency.
The design of the development is
consistent with the provisions of the RFDC that provides guidelines for passive
energy efficient design. In addition a
BASIX certificate has been submitted which demonstrates
that the development would achieve the objectives of water conservation and
energy efficiency. A waste management
plan has been submitted for the construction phase.
Principle 6:
Landscape.
The development application
provides an adequate landscaped area in accordance with the RFDC and the
standards in SEPP (Housing for Seniors), resulting in a compatible landscape
setting for the building.
Principle 7: Amenity.
The
development achieves an acceptable level of amenity for the existing and future
residents of the locality as the scheme generally complies with the design
practice rules of thumb in the RFDC as summarised below:-
|
Issue |
Rule of Thumb |
Compliance |
|
Building Depth |
Developments
that propose wider than 18m must demonstrate how satisfactory day lighting
and natural ventilation is achieved. |
No Building
depths of 25m proposed, therefore the applicant has provided a solar access
analysis. ( See discussion below under Solar Access.) |
|
Building Separation |
Within
a development and between adjoining sites, min building separation of: · 12m
between habitable rooms/ balconies · 9m between habitable rooms and non-habitable rooms · 6m between non-habitable rooms |
Yes Compliance
with the intent of the controls achieved. (See
discussion below under ‘Privacy.) |
|
Communal Open Space and Deep Soil Zones |
Min 25-30% of the site
area to be communal open space. Min
25% of the open space area to be a deep soil zone. |
Yes 68%
of the site is common open space, with 85% of that area being a deep soil
zone (no basement underneath). The siting of deep soil zones
provides for tree and shrub planting along the property’s boundaries to
create a suitable setting for the development. |
|
Daylight Access |
3 hrs of direct sunlight
in mid winter to 70% of units living rooms and balconies. |
No Living
rooms – 54% (3hrs) Balconies
– 69% (3hrs) (See
discussion below under Solar Access.) |
|
Single Aspect Units |
Max
20% units single aspect. Limit
single aspect units with a southerly (SW to SE) aspect to a maximum of 10% of
the total units. |
No Total
24% single aspect units. 11% single
aspect units with a southerly aspect. (See
discussion below under Solar Access.) |
|
Cross-ventilated units: |
60%
units (min) |
Yes 78%
dual aspect units provide for cross ventilation. |
|
Back of kitchen to window |
8m
(max) |
No Extent
of variation limited. Majority of
apartments comply. |
|
Balcony depth |
2m
(min) |
Yes All
units have a useable balcony area with a minimum dimension of 2m. |
|
Ceiling height |
2.7m
(min) |
Yes Complies. |
|
Unit storage |
8m3/
unit (2 bed units) 10m3/
unit (3 bed units) |
Yes Majority
of units comply. Address via condition
of consent. |
As detailed in the above table,
the proposed development does not comply with a number of the prescriptive
standards within the RFDC. The matters
of non-compliance are detailed below, as well as a brief discussion on
compliance with relevant performance standards.
(a) Solar Access
The RFDC and
SEPP (Housing for Seniors) 2004 prescribe that developments should aim for 3
hours of direct sunlight in mid winter to living
rooms and private open space areas for 70% of units. This control is reinforced in the
prescriptive control for building depths.
The development does not comply with the above, and provides the following:
Living rooms – 54% of units (3hrs), 72% of units (2 hrs)
Balconies – 69% of units (3hrs), 85% of units (2 hrs)
The RFDC prescribes that a reduction to 2 hours of direct sunlight to units is acceptable in higher density areas. While the property is not sited within a high density area, relaxation of the sunlight access controls to the units is supported as it minimises the length of the building footprints which has a positive outcome for the setting of the heritage item. The buildings are designed to ensure that cross ventilation is achieved. Furthermore, the design of the proposal is more energy efficient than the existing consent, and is therefore consistent with the objectives of ESD. Accordingly, it is considered that a departure from the development standard is appropriate in the circumstances of the case.
(b) Overshadowing
The siting of the
buildings does not result in excessive overshadowing of neighbouring
residential buildings or private open space areas. As a guide, the Council’s Low-Density
Multi-Unit Housing Development Control Plan requires dwellings to be designed
to allow at least 4 hours of sunshine to the private open space required and 3
hours to north facing windows of adjacent dwellings in mid winter between 9am
and 3pm. The shadow diagrams submitted
with the application demonstrate compliance with the above guideline. Furthermore as the shadow diagrams relate to
the original (bulkier) buildings, the extent of overshadowing that would occur
would be even less than described below:
Residential Properties to the West – In mid-winter the buildings would overshadow a small portion of the side boundary at 9am, with no overshadowing occurring by 10am. This complies with the above guideline.
Residential Properties
to the South – In mid-winter the buildings would overshadow the front yard
and façade of buildings to the south of
(c) Privacy
The ‘Privacy’ element in the Council’s Residential DCPs prescribes that where windows or balconies of dwellings are within 12m of windows or balconies of other dwellings, some form of screening should be provided to ensure visual privacy. The RFDC (SEPP 65) also prescribes a similar 12 metre separation between habitable rooms and residential balconies to provide visual and acoustic privacy for existing and new residents.
The separation between buildings on site generally complies with the building separation provisions above. Some minor non compliances occur between some of the ground floor terrace areas, which is addressed by 1500mm high fences around the courtyards, as indicated on the landscape plans.
The siting and design of the buildings complies with the above privacy controls as discussed in the following:
Building B to Hospital – balconies are located within 5 metres of the hospital buildings to the north. The adjacent hospital building is a covered outdoor lunch area that has a privacy screen erected along the southern elevation. No privacy impacts.
Building D to Hospital – balconies are located 10 metres from the ward bedroom windows. Fencing and landscaping is proposed along the boundary. Furthermore a site inspection found that these ward bedrooms have tinted glass so that privacy conflicts are limited.
Building E to Hospital – complies with building separation standards. The ward bedroom windows are setback 15 metres from the unit balconies.
Building E to No. 6, 8 &
Principle 8:
Safety and security.
The
applicant submitted a crime risk assessment report with the application, as
recommended by the RFDC for developments with more than 20 dwellings. The design of the development considers
safety by enabling casual surveillance, reinforcing territory, controlling
access and managing space.
Principle 9: Social dimensions.
The development provides for a mix of units including 4 × 1 bed, 76 × 2 bed, and 12 × 3 bed units, including the 1-bed caretakers unit.
The RFDC recommends the following minimum apartment sizes can contribute to housing affordability (2 bed units of 70sqm, and 3 bed units of 95sqm). In comparison the majority of the units are well above the minimum areas prescribed above. The larger units have partly resulted from the need to provide adequate circulation for disabled access to satisfy the intent of the development to provide for aged or differently abled persons.
The Council has not adopted any unit mix controls for housing for aged persons.
Principle 10:
Aesthetics.
In accordance with the Court’s
planning principles on aesthetics, the weight
given by the Court to expert opinion on architectural style, form or character
should be tested against two main criteria, ie: whether the opinion is mandated
by a design code, such as the Residential Flat Design Code or the Burra
Charter, or alternatively reflects the subjective preferences of a local
community expressed in a local policy, such as a development control plan,
and/or whether the opinion is a widely
accepted professional view, or at least a view held by a sizable group of
professionals, rather than one individual opinion.
The proposal is generally
consistent with the design principles in the RFDC. There are no prescriptive DCP controls that
prescribe the aesthetics desired for aged housing on the site. The buildings have a clear base, middle and
top and materials that are appropriate for the setting. Both the NSW Heritage Office and Council’s
Heritage Committee support the development.
2.4 State Environmental Planning Policy No. 11: Traffic
Generating Development
The application was not required
to be referred to the Roads and Traffic Authority pursuant to Clause 7 of SEPP
No. 11 as the property is more than 500 metres from
The provisions of SEPP
(Infrastructure) 2007 (which repeals SEPP
No.11) does not apply pursuant to the Savings provisions in Clause 11 as
this development application was lodged prior to the commencement of SEPP
(Infrastructure) 2007 in January 2008.
2.5 State Environmental Planning Policy No. 32: Urban Consolidation (Redevelopment of
Urban Land)
This SEPP requires the Council
to implement the aims and objectives of this Policy to the fullest extent
practicable when considering development applications relating to urban
land. The objectives include to
implement a policy of urban consolidation to promote the social and economic
welfare of the State. There are no
prescriptive controls within this policy.
2.6 State Environmental Planning
Policy No. 44: Koala Habitat Protection
This policy aims to encourage the proper
conservation and management of areas of native vegetation that provide habitat
for koalas. Council’s mapping indicates
that the site may be potential koala habitat.
The environmental assessment of the application demonstrates that the
development would have no impact regarding koala habitat.
2.7 State Environmental Planning
Policy No. 55: Remediation of Land
SEPP 55 requires that Council must not consent to
the carrying out of any development on land unless it has considered whether
the land is contaminated or requires remediation for the proposed use. The applicant has submitted a Contamination
Assessment report. The report concluded
that the site is suitable for residential development.
2.8 Sydney Regional Environmental
Plan 20:
The site is located within the catchment of
the Hawkesbury – Nepean Rivers. As such,
the land is subject to the SREP No. 20.
Part 2 of this Plan contains general planning consideration and
strategies requiring Council to consider the impacts of this proposal on water
quality, scenic quality, aquaculture, recreation and tourism. The aim of the Plan is to protect the
environment of the Hawkesbury – Nepean Rivers system including its water quality.
The proposed development would have minimal potential to impact on the water
quality of the catchment, with the implementation of management measures for
the construction and operational phases of the development. Appropriate conditions are recommended with
respect to installation of sediment and erosion control measures prior to and
during construction.
2.9 Heritage Development Control Plan
The primary purpose of the DCP is to manage
heritage in Hornsby Shire and to provide guidance and outline specific controls
for development relating to heritage items.
This application proposes alterations and
additions to Mt Wilga House and its use as a communal facility to support the
aged housing development. The
application was accompanied by a Conservation Management Plan and Heritage
Impact Statement by Godden Mackay Logan heritage consultants. The application has been considered by the
NSW Heritage Council and the Council’s Heritage Committee and no objections
have been raised to the development on heritage grounds.
2.10 Car Parking Development
Control Plan
The primary purpose of this DCP is to provide
car parking controls for development.
The proposal complies with the prescriptive parking rates for housing
for aged or differently abled persons.
The DCP requires a total of 91 spaces designed for people with
disabilities. In comparison the
application provides a total of 94 spaces designed for people with
disabilities, plus an additional 19 visitor/staff spaces in compliance with
conventional minimum dimensions.
2.11 Access
and Mobility Development Control Plan
The primary
purpose of this DCP is to assist proponents and Council in ensuring the
requirements for equitable access are satisfied when building work is
proposed. The development is designed to
provide suitable access for people with disabilities. (See previous discussion under SEPP (Housing
for Aged or Differently Abled Persons).)
2.12 Waste
Minimisation and Management Development Control Plan
A waste management plan has been provided and is to be implemented in accordance with recommended conditions consistent with this DCP.
2.13 Sustainable Water Development Control Plan
The DCP aims to achieve the
implementation of sustainable water practices into the management of
development in the Hornsby Shire. (See
discussion under SREP No. 20 above.)
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
· Threatened Species
The south-western corner of the site has been mapped by Hornsby Shire Council as containing Sydney Turpentine Ironbark Forest (STIF), an Endangered Ecological Community as listed under the Threatened Species Conservation Act 1995. The applicant has submitted a Vegetation Management Plan to address the retention and maintenance of this remnant population. The ecological assessment undertaken by Council has found that the proposal is unlikely to have a significant impact on threatened species, populations, communities and their habitat as listed under the Threatened Species Conservation Act 1995, subject to the implementation of appropriate measures.
· Tree
Preservation
There are approximately 40 trees on this site near the proposed works comprising of a variety of species including native Angophora, Eucalyptus, Lophostemon and introduced species such as Cinnamomum. 26 trees are identified as significant.
There are 23 trees located
between the new aged housing buildings and
There are 10 trees located between proposed Building E and the western (side) boundary. These are brush box trees ranging in height from 14 to 18 metres, 8 of which are significant. The application proposes the removal of 2 trees, 1 of which is significant. In addition, 3 significant brush box trees that are proposed to be retained may be impacted by the works as they are located less than 4 metres from the proposed buildings.
In summary, the application proposes
the removal of 2 significant trees that are in good condition (Trees No.6, 16)
and potentially may impact on 5 significant trees that are proposed to be
retained (Tree No. 3,7,8,11,17).
Council’s tree assessment concludes that the development would be
satisfactory subject to the imposition of appropriate consent conditions that
includes replacement planting. The potential impact of the development on trees proposed
to remain is addressed by consent conditions that may require excavation for
the basement to be undertaken by piering the foundations rather than earth
battering. With the imposition of the
recommended conditions, a suitable landscape screen and setting to the new
buildings along
The landscape plan also indicates the removal of a number of other trees through the site, that were not addressed by the applicant’s arborist report. The removal of these trees is not essential to facilitate the current application and the recommended conditions of consent do not support their removal. A subsequent application to remove these trees would be necessary to be lodged with appropriate supporting documentation for Council’s separate consideration.
3.2 Built Environment
An assessment of the setting, siting and design of the building has been previously undertaken in Section 2.0 of this report ‘Statutory Controls’. Other built environment matters not previously addressed in detail are discussed below.
· Heritage
Council’s Heritage Committee raised no objection to the development and provided the following comments in August 2007:
“The proposal is for alterations and
additions to the heritage listed house, demolition of minor structures on the
site and construction of a multi-unit housing development comprising 88 units.
The property is listed as a heritage item (“
At its meeting on
The amended application plans received in November 2007 were referred to the Council’s Heritage Committee. The Committee raised no objection to the amended design and provided the following additional comments:
At its meeting on
· Views
The
Conservation Management Plan (CMP) prepared for the site, and approved by the
Heritage Council, identifies a number of significant views from the public
domain towards Mt Wilga House. All the
significant views are over the permanent conservation order land (in the east
of the property) are retained as part of this application. The one significant view from the public
domain to Mt Wilga in the west of the site is over the existing service
driveway. The siting of the proposed
buildings allows for the vista over the existing service driveway between
proposed buildings A and C, to be retained.
In comparison, the existing approved consent for the property included
buildings that extended along the frontage of
One community submission objected to tree
planting along the
· Traffic
The proposed development would generate 182 additional vehicular movements per day with peak movements of 18 vehicles per hour (based on the RTA’s Guide to Traffic Generating Development).
While the site
is currently vacant, the last lawful use was as a
The RTA’s
recommendation for the current application is to close right turn movements
from
The applicant’s traffic report of
Having regard to the necessary intersection works at Carrington
and Galston Roads as a result of the development, it may be necessary for
Council’s Traffic & Road Safety Branch to liaise with the RTA regarding the
possible upgrade of
· Parking
The parking
rates in SEPP (Housing for Seniors) require a minimum of 0.5 car spaces for each
bedroom. These controls prescribe a total minimum amount of parking for the
development and does not differentiate between resident, visitor and staff spaces. The development provides 191 bedrooms which
requires 96 parking spaces in accordance with the SEPP. The proposal provides 94 spaces (designed for
disabilities) plus an additional 19 visitor/ staff spaces with conventional
minimum dimensions, equating to a total provision of 113 spaces.
Council’s Car Parking DCP
prescribes the following parking rates for housing for aged or differently
abled persons:
Dwellings < 55sqm = 0.5 spaces
Dwellings 55 to 85sqm = 0.85 spaces
Dwellings > 85sqm = 1 space
The above rates
require 91 parking spaces to be provided for the 91 aged units, plus one space
for the caretakers unit. The proposed
development exceeds this minimum requirement.
Therefore the number of parking spaces provided complies with the Council’s
DCP controls. Furthermore the majority
of these parking spaces (some 71 spaces) are designed to be 5.4 metres wide so
that the residents also have the option to use the single disabled parking
space as a ‘double’ space if appropriate.
There is no rate
prescribed for visitor or employee parking within the car parking DCP. If a visitor rate of 1 space per 5 dwellings
for multi-unit housing was applied, an additional 18 visitor spaces would be
necessary. The proposed development can
provide 21 visitor/staff spaces (19 spaces in the basement and 2 spaces at
grade). To address concerns within a
community submission that visitor parking would be monopolised by staff in the
Mt Wilga communal facility, consent conditions limit staff numbers to address
potential external impacts. Furthermore
consent conditions limit the activity within the communal facility to uses
ancillary to the aged housing development only.
In summary, the development exceeds the minimum carparking required on the site in accordance with the Council’s Car Parking DCP and SEPP (Housing for Seniors). Therefore it is considered that there are no grounds for refusal on the basis of inadequate on-site parking.
· Impact
on Existing Easements
The proposed driveway works near the northern boundary are located within a right-of-way and easement for services benefiting the adjacent Mt Wilga Hospital. The driveway requires the removal of an existing east-west pedestrian link to the rear of the Hospital. The Council raised concerns regarding the impact on the Hospital’s access and egress in the event of emergencies as a result of removing this walkway. In response, the applicant proposes to replace the existing pedestrian walkway, with a new structure/ramp located immediately adjacent to the rehabilitation building. A letter was provided from Mt Wilga Hospital raising no concerns with the proposed solution. Pursuant to Clause 13 of HSLEP for the purposes of enabling development to be carried out in accordance with that Plan, any covenant that would otherwise restrict the development does not apply. The variation to the existing covenants is addressed by recommended consent conditions.
· Acoustic
Impact
Whilst it is recognised that there would be some
increase in noise associated with an increase in development on site, it is
considered that the noise increase would not be significant as to warrant a
refusal of the application in itself.
Any unreasonable or excessive noise is governed by the Protection of the Environment Operations Act
1997. Appropriate conditions are
recommended, including a limit on the activities within the communal facility
to minimise disturbance to the neighbourhood.
3.3 Social Impacts
The proposal would provide additional housing stock
for seniors, in an area with an aging population and a need for such
housing. This housing facilitates local
residents’ aging in place and continuing their social ties with the community.
3.4 Economic Impacts
The economic impact of the proposed development on
the locality is considered minimal and the provision of accommodation for older
people would have a positive effect on the local economy.
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
Approximately
a third of the site is identified as bushfire prone in the south of the
site. The main driveway into the
property from
The application was referred to the Rural
Fire Service (
A number of residents were concerned that a bushfire evacuation plan should be developed for the area and were concerned that the aged housing development would create a traffic bottle-neck during emergencies. The Hornsby Ku-ring-gai Local Disaster Plan (DISPLAN), prepared by The Hornsby Ku-ring-gai Local Emergency Management Committee, currently details the arrangements for the prevention of, preparation for, response to and initial recovery from emergencies within the local government areas of Hornsby and Ku-ring-gai. The consent conditions recommended by the RFS also requires a site specific bushfire evacuation plan to be prepared for the property.
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
Amended plans were received in November and placed on public exhibition until 15 February 2008. During this period Council received an additional 42 submissions. This includes a submission from the ‘Mt Wilga Neighbourhood Group’. In addition an additional petition with 177 signatures was received.
The map below illustrates the location of those nearby landowners who made a submission that are in close proximity to the development site.
|
SUBMISSIONS
PLAN |
|
||
|
• PROPERTIES
NOTIFIED |
X SUBMISSION RECEIVED |
PROPERTY SUBJECT OF DEVELOPMENT |
|
|
37 SUBMISSIONS RECEIVED OUT OF |
|||
The submissions objected to the development, generally on the following grounds that the development would result in:
· Development that is excessive in building bulk, height and site coverage;
· Excessive residential density;
· Overflow parking to the surrounding roads;
· Unacceptable traffic on local streets;
· Traffic hazards as the surrounding local streets do not provide for 2 way flow given existing overflow parking from Mt Wilga Hospital;
· An
increase in traffic accidents, particularly at the
· A traffic bottleneck during a bushfire from evacuating elderly residents;
· An inadequate landscape setting due to inadequate open space and setbacks;
· The removal of local vistas and views across the property;
· The application failing to provide a site compatibility certificate from the Department of Planning;
· Overlooking residential properties to the west;
· Overshadowing
on
· Unacceptable noise from the additional units, traffic and use of the communal/ recreational facility;
· Unacceptable stormwater drainage impacts;
· A scheme that does not adequately provide for aged persons and/or development not being occupied by aged persons;
· An inadequately serviced development with poor sewerage, water etc;
· Removal of the potential for public access to the house and grounds;
· An increase in crime from construction activity and additional residents;
· Pollution from traffic fumes and garbage odours;
· Noise, dust and traffic impacts during an extended construction phase;
· Structural damage to neighbouring properties;
· A
precedent for other high-density high rise in
· A decrease in local property values;
The merits of the matters raised in community submissions have been addressed in the body of the report with the exception of the following:
5.1.1 Existing Parking conflicts
Many submissions raised concerns that Mt Wilga Hospital is not complying with its development consent, resulting in an existing overflow parking problem. Mt Wilga Hospital is not the subject of the current development application and concerns raised are separately being investigated by Council.
5.1.2 Site Compatibility Certificate
Some submissions
have argued that the applicant requires a site compatibility certificate from
the Department of Planning pursuant to Clause 24 of SEPP (Housing for
Seniors). This clause does not apply because a hospital is a permissible landuse
within the Special Uses A zone.
Furthermore, this clause only applies to development applications made
pursuant to this Chapter. As detailed in
the report, the application is not lodged pursuant to SEPP (Housing for
Seniors) 2004. Rather the proposed use
is permissible with consent pursuant to the provisions of the HSLEP.
5.1.3 Drainage
Council’s engineering assessment
of the stormwater impacts of the development concludes that the proposal would
comply with Council’s requirements in relation to onsite detention and
stormwater management. Appropriate
consent conditions are recommended. This
includes conditions to upgrade the existing drainage system in
5.1.4 Occupation of the Units
The
assessment and consent conditions would ensure that the units are suitably
designed for the elderly or people with disabilities. Some submissions are concerned that the
proposed units would be occupied by residents other than those that are aged or
disabled. Appropriate conditions are
proposed, including a restriction as to user in accordance with section 88E of
the Conveyancing Act 1919, to ensure that only seniors and people with a
disability are residents.
5.1.5 Inadequate Local Utility Services
Local utilities services such as sewerage, water and electricity are available to the site.
5.1.6 Public Access to the Property
Some submissions argue that Council should
purchase this site and that the proposal should provide for public access to
the house and grounds. The property was
sold by the Commonwealth Government 20 years ago. The property is not zoned for public open
space. This is not a valid planning
reason to refuse the current development application.
5.1.7 Garbage Odours
The waste from the development is to be stored
in the basement. The temporary
collection area is located 100 metres from the closest neighbouring residential
property.
5.1.8 Construction Impacts
Conditions of consent are recommended to
address the impacts of the development during the construction phase.
5.1.9 Structural damage to neighbouring properties
Consent conditions are recommended including a requirement for a dilapidation report to be prepared by a chartered professional structural engineer at the applicant’s expense, detailing the structural condition of adjoining properties, including Council’s property, and their ability to withstand the proposed excavation.
5.1.10 Precedent
All development applications are required to be assessed on their individual merits, taking into account the applicable planning controls. This property is unique in that it is zoned Special Uses A, unlike much of the surrounding area that is zoned Residential A. The surrounding Residential A area is subject to different planning controls. In this respect, approval of the development would not create a precedent in the locality.
5.1.11 Property Values
Concerns were raised that the development would adversely effect the property values of the dwellings in the locality. This is not a relevant matter for consideration under Section 79C of the Act.
5.2 Public Agencies
The development application is Integrated Development under the Act. Accordingly, the application was referred to the following Agencies for comment:
5.2.1 Roads and Traffic Authority
The
application does not require referral to the Roads and Traffic Authority (RTA)
pursuant to SEPP No.11 – Traffic Generating Development nor does it require
referral pursuant to the provisions of SEPP (Infrastructure) 2007. However, the application was referred to the
RTA for its advice given potential traffic impacts.
The RTA raised no objection to the
application and provided recommendations including that the
In response to the above recommendation,
Council enquired with the RTA whether it would agree to the implementation of a
round-a-bout at the intersection of
The RTA’s
recommendations are addressed in the consent conditions at Schedule 1.
5.2.2 Rural Fire Service
The application was referred to the Rural Fire Service (
Initially, concerns were raised by the RFS regarding the proximity of Building A to the bushfire hazard. The applicant submitted additional information for consideration, including radiant heat modelling. The final response from the RFS has raised no objection to the application. The consent conditions recommended by the RFS are included in Schedule 1.
5.2.3 NSW Heritage Council
An application was submitted under Section 60
of the Heritage Act 1977 to the NSW
Heritage Council for multi-unit housing on the site in July 2006. The NSW Heritage Council approved the
application pursuant to Section 63 of the Heritage Act on 2 March 2007. A development application was subsequently
submitted to Council in July 2007, incorporating plans for aged housing similar
to the plans approved by the Heritage Council in March 2007. This is the subject of the current report.
Council referred the current development application to the Heritage Council as Integrated Development under the Heritage Act 1977. A number of resident submissions received were concerned about the impact of the development on the heritage significance of the property. A copy of the submissions received were sent to the Heritage Office on 21 August 2007 and 25 February 2008. The Heritage Office has advised Council that the Heritage Council has raised no objection to the development application.
The Heritage Council’s response dated
“The
Heritage Council received a set of preliminary documents for S60 Application No
.2006/S60/114 on 27 July 2006. The
Heritage Council determined that the scheme could be supported if the façade of
the new buildings was redesigned to fit more easily with the Mt Wilga
house. This scheme was revised into the
form described by the following documents which is very similar to the revised
documents referred to the Heritage Council by Hornsby Shire Council…
Hornsby
Shire Council referred un updated but very similar scheme to the Heritage
Council for comment on 20 July 2007, received on
Amended plans were submitted to Council in
November 2007 and referred to the Heritage Office for comment. Further minor amendments to the plans were
sent in February 2008 and May 2008. This
involved shifting some building bulk away from
The Heritage Council’s
General Terms of Approval (GTAs) are addressed in the recommended consent
conditions at Schedule 1.
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 housing for aged or differently abled persons would be in the public interest.
7. CONCLUSION
The application proposes erection of a development
for Aged or Differently Abled Persons.
This application has been assessed having regard to
the Heads of Consideration under Section 79C(1) of the Act, Hornsby Local
Environmental Plan and the provisions of the relevant State Environmental
Planning Policies. Council does not have a specific Development Control Plan
for the proposed use as “housing for aged or differently abled persons” or for
the subject zone or area, however, the proposal complies with the general
controls in SEPP (Housing for Seniors) and the SEPP 65 Residential Flat Design
Code.
The design provides for variable building setbacks
to the side and rear property boundaries and the proposal is considered to
provide a reasonable outcome for the subject site and surrounding land uses
through consideration of height, design and landscaping provided.
Approval of the application is recommended.
SCHEDULE 1
PART 1 –
DEFERRED COMMENCEMENT
THE CONSENT SHALL NOT BECOME EFFECTIVE OR OPERATIVE UNTIL THE FOLLOWING INFORMATION IS SUBMITTED TO THE SATISFACTION OF THE COUNCIL. ALL DEFERRED COMMENCEMENT CONDITIONS ARE TO BE COMPLIED WITH WITHIN 1 YEAR FROM THE DATE OF THIS CONSENT.
A. The Right of Way and Easement for Services, burdening the subject property and benefitting the adjoining property to the north shall be either extinguished or modified in such a manner that its modified form will enable the development to proceed without contravening the terms of the Right of Way or the Easement for Services. The right of way is to ensure unencumbered access along the approved pedestrian link to the south of the Hospital’s rehabilitation building for all emergency services at all times and for the egress of the occupants of the rehabilitation building in a fire or emergency situation.
B. The
Restriction as to User, burdening the subject property and benefitting the
adjoining property to the north shall be either extinguished or modified in
such a manner that its modified form will enable the development to proceed
without contravening the terms of the Restriction as to User.
C. The
easements for drainage, burdening the subject property and benefitting the
adjoining property to the north shall be either extinguished or modified in
such a manner that its modified form will enable the development to proceed
without contravening the terms of the Restriction as to User.
All Section 88B restrictions and covenants created as part of this consent are to contain a provision that they cannot be extinguished or altered except with the consent of Hornsby Shire Council.
PART 2
UPON SATISFACTION OF THE DEFERRED COMMENCEMENT CONDITIONS IN PART 1, THIS CONSENT SHALL OPERATE IN ACCORDANCE WITH THE FOLLOWING CONDITIONS
General Conditions Applying to All Stages
Approved Plans and Supporting
Documentation
1. The development must be carried out in
accordance with the following plans as amended in red and documentation listed
below and endorsed with Council’s stamp, except where amended by other
conditions of this consent:
Architectural Plans – Aged Housing Apartments
|
Plan
No. |
Rev |
Drawn
by |
Dated |
|
Site Analysis Plan
05009/DA001 |
C |
Giles Tribe
Architects |
|
|
Site Plan 05009/DA002 |
G |
Giles Tribe
Architects |
|
|
Basement Plan
05009/DA100 |
J |
Giles Tribe
Architects |
|
|
Level One/ Site Plan
05009/DA101 |
J |
Giles Tribe
Architects |
|
|
Level Two Floor Plan
05009/DA102 |
G |
Giles Tribe
Architects |
|
|
Level Three Floor
Plan 05009/DA103 |
G |
Giles Tribe
Architects |
|
|
Roof Floor Plan
05009/DA104 |
G |
Giles Tribe
Architects |
|
|
Site Sections-1
05009/DA400 |
F |
Giles Tribe
Architects |
|
|
Site Sections-2
05009/DA401 |
F |
Giles Tribe
Architects |
|
|
Site Sections/ Elevations
05009/DA402 |
G |
Giles Tribe
Architects |
|
|
Elevations 05009/
DA403 |
B |
Giles Tribe
Architects |
|
|
Walkway for Hospital
Access SK100 |
C |
Giles Tribe
Architects |
July 2008 |
|
Section – Walkway
SK101 |
A |
Giles Tribe
Architects |
July 2008 |
Architectural Plans – Mount Wilga House
|
Plan
No. |
Rev |
Drawn
by |
Dated |
|
2050602/00 Drawing
Index and North Elevation |
A |
Robertson &
Hindmarsh |
15.12.05 |
|
2050602/01 Ground
Floor Plan |
E |
Robertson &
Hindmarsh |
Undated (received 11.07.07) |
|
2050602/02 Basement
Plan |
A |
Robertson &
Hindmarsh |
Undated (received 11.07.07) |
|
2050602/03 Roof Plan |
A |
Robertson &
Hindmarsh |
Undated (received 11.07.07) |
|
2050602/04 Elevation |
F |
Robertson &
Hindmarsh |
Undated (received 11.07.07) |
|
2050602/05 Elevation |
F |
Robertson &
Hindmarsh |
Undated (received 11.07.07) |
Civil Plans
|
Plan
No. |
Rev |
Drawn
by |
Dated |
|
Stormwater Layout
Catchment Plan C0101 |
08 |
Meinhardt |
11.01.08 |
|
Stormwater Layout
Basement Level C0102 |
08 |
Meinhardt |
11.01.08 |
|
Stormwater Layout
Level 1 C0103 |
08 |
Meinhardt |
11.01.08 |
|
|
08 |
Meinhardt |
11.01.08 |
|
Stormwater Layout 39
Manor Road C0105 |
08 |
Meinhardt |
11.01.08 |
|
Soil and Water
Management Stage 1 C0201 |
08 |
Meinhardt |
11.01.08 |
|
Soil and Water
Management Stage 2 C0202 |
08 |
Meinhardt |
11.01.08 |
|
Soil and Water
Management Stage 3 C0203 |
08 |
Meinhardt |
11.01.08 |
|
Soil and Water
Management Stage 4 C0204 |
08 |
Meinhardt |
11.01.08 |
|
Stormwater Detention
Details C0301 |
08 |
Meinhardt |
11.01.08 |
Landscape Plans
|
Plan
No. |
Rev |
Drawn
by |
Dated |
|
Landscape Plan LA01 |
E |
Taylor Brammer |
18.01.08 |
|
Landscape Plan LA02 |
D |
Taylor Brammer |
18.01.08 |
|
Landscape Plan LA03 |
D |
Taylor Brammer |
18.01.08 |
|
Landscape Sections
LA04 |
B |
Taylor Brammer |
18.01.08 |
|
Landscape Details
LA05 |
A |
Taylor Brammer |
18.01.08 |
|
Document
No. |
Prepared
by |
Dated |
|
Statement of
Environmental Effects |
Deborah Sutherland
Planning |
April 2007 |
|
Supplementary
Statement of Environmental Effects |
Deborah Sutherland
Planning |
November 2007 |
|
Shadow Diagrams DA800 DA801 DA802 DA803 |
Giles Tribe
Architects |
|
|
Solar Access Diagrams Basement
05009/DA804 A Level 1
05009/DA805 A Level 2
05009/DA806 A Level 3
05009/DA807 A Level 4
05009/DA808 A |
Giles Tribe
Architects |
11.01.08 |
|
Photomontages 3D View – 1
05009/DA-V01 3D View – 2
05009/DA-V02 |
Giles Tribe
Architects |
|
|
Basix Certificate
172211M |
Unknown |
|
|
Vegetation Management
Plan |
|
January 2008 |
|
Bush Fire Safety
Compliance Report |
Roger Fenwick |
July 2007 |
|
Schedule of Materials
and Finishes Plan: 05009/DAF01B |
Giles Tribe
Architects |
|
|
Stage 2 Environmental
Site Assessment |
Consulting Earth
Scientists |
|
|
Disability Access
Assessment Report |
Access Associates |
February 2007 |
|
Landscape Sections
(D00898825) |
Taylor Brammer |
|
Plans on Site
2. A copy of all approved
plans, specification and documents (including the construction certificate if
required for the work incorporating certification of conditions of approval)
shall be kept on site at all times so as to be readily available for perusal by
any officer of Council or the Principal Certifying Authority.
3. The
approved development must be occupied or used solely for the approved use.
No separate occupation or use of any part of the approved development
shall take place without prior development consent, (other than for exempt or
complying development).
4. All
activities within the communal facility (Mt Wilga House) are to be ancillary
and subsumed by the aged housing development.
Any Doctors rooms and the like are to provide services only to those
residents living on the property.
5. The use of
the communal facility (Mt Wilga House) is to be restricted to those times
listed below:
Monday to Sundays
This does not include caretaker activities.
6. The
communal facility (Mt Wilga House) is to accommodate a maximum of five staff
on-site at any one time.
Use of Materials
7. The finished surface materials, including colours and texture of any building and/or hard paved areas, shall blend with the surrounding environment and shall be non-glare.
8. The aluminium louvered
sliding screens illustrated on the building elevations are to be designed and
installed so that at least half (50%) of the elevation width remains opened at
any one time, at each of the balconies.
For example, this may require the 4 panelled sliding screen to be
reduced to 2 panels wide on Building E (west).
Access & Mobility
9. The development is to be designed and constructed to comply with the standards concerning accessibility and useability for self contained dwellings in Schedule 3 of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004. This may require minor internal modifications to the plans only. A suitably qualified access consultant is to certify compliance with this condition prior to the issuance of a construction certificate.
10. Footpaths
from the site to bus stops in the vicinity of the site, shall be constructed on
Rosamond Street and Carrington Road in accordance with AS1428 and Austroads, to
ensure a continuous path of travel to bus services in accordance with the
requirements of State Environmental
Planning Policy (Housing for Seniors or People with a Disability) 2004.
11. The owner of the premises shall provide a dedicated Village Bus Service for the use of the residents of the development. The bus is to be capable of carrying at least 10 passengers and shall operate at least 2 round trips daily from the site to a local centre that provides residents with access to the following:
(i) shops, bank service providers and other retail and commercial services;
(ii) community services and recreation facilities;
(iii) the practice of a general medical practitioner
12. A restriction as to user is to be created
under Section 88B of the Conveyancing
Act 1919 that limits the occupants of the residential units to ‘housing for aged or differently abled
persons’, as defined in the following:
housing for aged or differently abled
persons means residential accommodation which may
take any building form and may be or include a hostel and which is, or is
intended to be used as, housing for the permanent accommodation of:
(a) persons over 55 years of
age, or
(b) persons of any age who,
as a result of having a mental, physical or sensory impairment, either
permanently or for an extended period, have substantially limited opportunities
to enjoy a full and active life.
The above restriction does not apply
to the caretakers’ unit.
Support for
Neighbouring Properties
13. A Dilapidation Report is to be prepared by a chartered professional structural engineer at the applicant’s expense, detailing the structural condition of adjoining properties, including Council’s property, and their ability to withstand the proposed excavation. This report must include any measures required to be incorporated to ensure that no damage will occur during the course of works. The report shall be submitted to the principal certifying authority prior to any excavation works taking place. Such works shall take place in accordance with the recommendations of the report.
14. If
an excavation extends below the level of the base of the footings of a building
on an adjoining allotment of land, the person causing the excavation to be made
must:
i) preserve and protect the building from damage;
ii) if necessary, underpin and support the building in an approved manner; and
iii) at least 7 days before excavating, give notice of intention to do so to the adjoining owner and furnish particulars to the owner of the proposed work.
Fencing
15. The
northern property boundary adjoining Mt Wilga Hospital shall be enclosed with a
1.5m fences/screens/walls to protect the privacy of future occupants as well as
adjoining owners. The fence/screen/wall
is to be erected prior to the occupation of the dwellings. The finished surface materials, including
colours and texture, shall blend with the surrounding environment and shall be
non-glare.
16. The new sandstone entry gates indicated on landscape plan LA03D is not approved as no elevation details were submitted with the application for assessment purposes. Any such works is to be the subject of a separate application to the Council.
Noise and Dust Control during Construction Phase
17. A Noise and Dust Management Plan
(NDMP) must be submitted to Council prior to the issuance of a construction
certificate to address noise and dust emission during the construction
phase. The NDMP must be prepared by a
suitably qualified environmental consultant.
The NDMP should address, but not be limited to, the following:
(a) Establishment
of maximum prescriptive noise emission and dust emission targets for the
construction phase. These targets are to
comply with the Protection of the Environment Operations Act and the NSW
Environment Protection Authority’s Environmental Noise Control Manual -
guidelines for construction sites,
(b) Recommend
management measures to be implemented to achieve the targets established in (a)
above,
(c) Recommend
monitoring equipment to be installed to measure noise and dust emissions,
(d) Propose
a regular monitoring and review programme by a suitably qualified environmental
consultant to ensure the construction complies with noise emission and dust
emission targets,
(e) Procedures
to record and address any complaints regarding noise and dust;
(f) Propose
a reporting system to certify the ongoing compliance of the development with
this condition.
Time to Complete Development
18. The works set forth in the plans and specifications and approved under this consent, once commenced, shall be completed within 5 years from the date of commencement.
Building Code of
19. All building work must be carried out in accordance with the requirements of the Building Code of Australia.
Should there be any alternative solutions
listed as Category 2 Fire Safety Provisions and outlined in the Environmental
Planning and Assessment Regulation 2000, a fire engineering report should be
forwarded to the Brigades for comment under Clause 144 of the Environmental
Planning and Assessment Regulation 2000.
Hours of Construction
20. In order to maintain the amenity of adjoining properties, site works shall be restricted to between 7.00 am and 6.00 pm, Monday to Friday and 8.00 am to 1.00 pm Saturday. No work shall be undertaken on Sundays or public holidays. Plant, goods or materials shall not be delivered to the site outside the approved hours of site works unless otherwise approved by Council.
Long Service Levy
21. Under Section 34 of the Building and Construction Industry Long Service Payments Act 1986 any work costing $25,000 or more is subject to a Long Service Levy. The levy rate is 0.35% of the total cost of the work and shall be paid to either the Long Service Payments Corporation or Hornsby Shire Council. Under section 109F (1) of the Environmental Planning & Assessment Act, 1979 this payment must be made prior to a construction certificate being issued.
Fire Safety Schedule
22. In accordance with clause 168 of the
Environmental Planning and Assessment Regulation 2000 fire safety measures
shall be implemented in the building. A
schedule of all proposed and existing Essential Fire Safety Measures to be
installed in the building (eg: hydrants, hose reels, exit signs, smoke control
systems) shall be submitted with the Construction Certificate application and
distinguish between the existing and proposed fire safety measures. Should the Construction Certificate involve
the use of an alternate solution, the application must also be accompanied by
details of the performance requirements that the alternate solution is intended
to meet and the assessment methods use to establish compliance with those
performance requirements.
Fire Safety Certificate –
Final
23. In accordance with Part 9, Division 4 of
the Environmental Planning & Assessment Regulation, 2000, the owner of the
building must, on completion of the building, provide Council with a
certificate in relation to each essential fire safety or other safety measure
implemented in the building.
Fire Safety Statement - Annual
24. In accordance with Part 9, Division 5 of the Environmental Planning & Assessment Regulation, 2000, at least once in each period of 12 months after the date of the first fire safety certificate, the owner shall provide Council with a further certificate in relation to each essential service installed in the building.
Survey Reports
25. To ensure that the building and any associated structures are correctly positioned on the site, a report prepared by a registered surveyor is to be submitted to the principal certifying authority at each level of construction of the building (prior to the pouring of concrete) indicating that the finished floor level is in accordance with the approved plans.
Fire Egress
26. A construction management plan is to be submitted with the Construction certificate application demonstrating that unimpeded egress can be provided from the southern fire exit of the adjoining rehabilitation building in a fire or emergency situation to an open space within the rehabilitation building allotment during construction. Any temporary measures are to remain in place until the permanent egress walkway is constructed.
Construction
Certificate – Subdivision/Engineering Works
27. A construction certificate must be obtained from either Council or an Accredited Certifier. Engineering design plans and specifications are to be prepared by a chartered professional engineer for any proposed works. The plans and specifications are to be in accordance with development consent conditions, appropriate Australian standards, and applicable Council standards, in particular “Hornsby Shire Council Civil Works - Design and Construction Specification”. The information that is required to be submitted with a construction certificate is as follows:
(a) copies of compliance certificates relied upon
(b) Four (4) copies of the detailed engineering plans in accordance Hornsby Shire Council's Civil Works - Design Specification 1999. The detailed plans may include but are not limited to the earthworks, roadworks, road pavements, road furnishings, stormwater drainage, landscaping and erosion control works.
(c) Hornsby Shire Council’s approval is
required for any works within the road reserve of
(d) Hornsby Shire Council’s approval is required for any works within Council controlled drainage easements prior to the issuing of a construction certificate for these works
Construction Management Plans
28. 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 plan prepared by a suitably Chartered and Qualified Chartered Engineer and Qualified Worksite Traffic Controller shall be prepared and submitted with the Construction Certificate. The Construction Management Plans shall identify all works for each stage and how to effectively manage the construction traffic for that stage. The plans shall address the following requirements:-
(a) A copy of the plans
shall be submitted for consideration and written approval by Hornsby Shire Council’s Manager, Subdivisions
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) 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 written consent of Hornsby Shire Council.
(d) 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;
(e) 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.
(f) 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.
29. Any damage caused to Council's assets in
the vicinity of the subject site as a result of construction works associated
with the approved development is to be repaired by the applicant/developer
prior to the issue of the Occupation Certificate.
30. All
service vehicles including garbage trucks, removalist trucks, emergency
vehicles and the like are only permitted to use the
Works As
Executed
31. A
works-as-executed plan prepared by a chartered professional engineer or a
registered surveyor must be lodged with Hornsby Shire Council when the
engineering works are complete for each of the different stages, prior to the
release of the Occupation Certificate.
Traffic and
Access
32. The existing median island in
33. All deliveries shall be made within the site, under no
circumstances delivery vehicles to be loaded or unloaded upon the public road.
34. All off street carparking including the provision of
aisle, ramps and access driveways shall comply with Australian Standard AS
2890.1 - 1993 Off Street Car Parking and AS 2890.2 - 2002 Off Street Commercial
facilities.
35. Planting along the boundary of the Mt
Wilga Heritage Estate (
Screen Planting (
36. To ensure
adequate screen planting is provided to the carpark area adjacent to building
along the
Screen
planting to the on-grade landscape setback zone adjacent to Building C must
include Twenty (20) additional Syzigium
‘Royal Flame’ planted at 2 metre centres in mulched planter beds. Shrubs to be installed at minimum pot size of
5 litres.
Boundary Planting (Northern Boundary)
37. To ensure
adequate tree planting in scale with the proposed building is provided additional
planting shall be provided.
Boundary tree planting to
the on-grade landscape zone must include Five (5) additional Lophostemon confertus (brushbox)
capable of reaching a mature height of 10 metres planted in locations adjacent
to building B in mulched planter beds. Trees to be installed at minimum pot
size of 25 litres.
Existing Retaining wall to south
western Boundary
38. The existing retaining wall in the south
west corner of the site shall be retained and protected during construction.
Screen planting shall be placed along boundary in front of the wall.
Planter Boxes / On Slab Planting
39. To
ensure a sustainable landscape is achieved to on slab planter box areas, they
shall include automatic irrigation, subsoil drainage (proprietary drainage
cell, 50mm sand and filter fabric), and waterproofing. Soil depths additional
to the requirement of subsoil drainage shall be a minimum of 1000mm with a soil
volume of 35 cubic metres for trees and a minimum of 500mm for shrubs.
Landscape Works To All Areas – Plant
sizes and densities
40. Excepting
the above specific requirements, all landscape works shall also meet the
minimum construction standards identified in the Hornsby Shire Council
Landscape Code for Development Applications including the construction of
mulched planter beds, planting of trees in pot sizes as specified on approved
plans, shrubs in minimum 5 litre pot sizes and groundcovers in minimum 150mm
pot sizes in the densities identified in the submitted planting specification.
41. Prior
to work commencing, tree protection fencing must be erected around the trees to
be retained along the western and southern boundaries at a 3m setback. The tree fencing
must be constructed of 1.8 metre cyclone chainmesh fence’. The tree protection
fencing must be maintained in good working order until the completion of all
building or development works. A statement of compliance from a qualified tree
surgeon or environmental consultant shall be submitted to Council prior to the
issue of the Construction Certificate.
Excavation
42. To prevent damage to tree roots, parking (vehicles or plant) or placement of building materials (including disposal of cement slurry and waste water) within 3m of all trees to be retained onsite, is strictly forbidden. No tree roots located within the specified tree setback shall be severed or injured in the process of any site works during the construction or landscaping phases of the approved project.
Note: In order to achieve this condition, this may
require excavation for basement purposes to be undertaken by piering the
foundations (rather than earth battering).
43. Excavation
for the installation of any underground service within the specified tree
setbacks of all trees on the western and southern boundaries has been approved
by Council’s Parks and Landscape Team and shall be carried out by using the
thrust boring method only. [ Tunnel boring shall be carried out at least 1
metre beneath natural ground surface and at a setback radius of 3 metres to
minimise damage to tree root systems.]
The severance of tree roots greater than 50mm in diameter is not
permitted. If roots of such diameter are
revealed by hand excavation, the applicant must provide Council’s Parks and
Landscape team an assessment by a qualified arborist that outlines the likely
impact of severing the roots or an alternative location for the service
trenching.]
44. Any
works undertaken within the specified tree setbacks must be overseen by a
qualified and experienced arborist.
Tree
Preservation Order
45. A
Tree Preservation Order exists within the Hornsby Shire whereby the cutting
down, topping, lopping or wilful destruction of any tree exceeding 3.0 metres
in height (except where exempt as defined under Council’s Tree Preservation
Order ) or substantially altering the soil level around the trunk or within 3
metres of the trunk, without prior written consent is prohibited. Release of
the Construction Certificate gives automatic approval to the removal of those
trees located on the subject property within 3 metres of the foundation
footprint of an approved residential, commercial or community building, garage,
inground swimming pool or within the alignment of approved vehicular access or
parking area. Other trees shall not be
removed or damaged without approval being granted under Council’s Tree
Preservation Order. Penalties apply for
non-compliance.
Maintain Canopy Cover
46. This
application approves the removal of the following trees Nos.2, 6, 13, 13a, 14,
15, 16, 21, 23, and 39 only. To maintain
local tree canopy cover, the trees that are approved to be removed along the
western and southern boundaries are to be replaced with a Lophostemon confertus (Brush Box).
In addition any other tree that later dies or is damaged during or after
the development, is to be replaced with a Lophostemon
confertus (Brush Box). The planting
location shall be in the immediate location of where the tree is removed, but
not within 3 metres of the foundation walls of a dwelling or inground
pool. The pot size is to be a minimum
100 litres and the trees must be maintained and protected until they reach the
height of 5 metres.
Note:
The above condition does not exempt the property from the provisions of
Council’s Tree Preservation Order. The
purpose of the above is to ensure that if any trees decline in the future, they
are suitably replaced to maintain the approved landscape setting for the
development.
BUSHLAND
47. The
Landscape Plan prepared by Taylor Brammer,
Drawing No. LA01 Revision E, shall be amended and submitted for approval to the
Bushland and Biodiversity Team prior to the issuance of a construction
certificate. The Landscape Plan shall be
amended to remove the gravel maintenance path passing through the
48. The
maintenance, revegetation and future management of the Sydney Turpentine
Ironbark Forest (STIF), an Endangered Ecological Community as listed under the Threatened Species Conservation Act 1995,
shall be undertaken in accordance with the Vegetation Management Plan for 2a
49. All erosion and sediment controls (i.e. geotextile sediment fence and straw bales) shall be in place prior to commencement of works so as to protect the adjacent bushland and native fauna habitat. Fencing should comply with the EPA publication ‘Managing Urban Stormwater: Soils & Construction’. Techniques used for erosion and sediment control on building sites are to be adequately maintained at all times and must be installed in accordance with Council guidelines. All techniques shall remain in proper operation until all development activities have been completed and the site fully stabilised. This condition must be complied with during demolition and building work.
50. To protect the bushland and retained trees from potential damage on the development site the applicant is to ensure that a temporary fence shall be erected, prior to commencement of works at 2a Manor Road, Hornsby, to protect the Sydney Turpentine Ironbark Forest (STIF), an Endangered Ecological Community as listed under the Threatened Species Conservation Act 1995, from casual or inadvertent access. The fence shall be constructed from either wire mesh or orange barrier mesh and remain in place until the completion of site works.
WASTE MANAGEMENT
51. The waste and recycling collection point at the roundabout, the waste vehicle standing area and all other modifications to the roundabout must be completed prior to issue of the Occupation Certificate for Stage One.
52. Bin storage areas in the basements must be designed and constructed in accordance with Council’s Waste Minimisation and Management Development Control Plan.
53. The caretaker is to transfer waste bins from the storage areas in the basement to the waste collection area adjacent to the round-a-bout. The transfer of bins is to occur within the site. At all stages of the development, a suitable path of travel is to be provided, which does not include steps. Ramp(s) or roll curb must be used between the different levels between the driveway/truck standing area, the bin collection point and each bin room.
Note: The Stage A plans indicate that the route
between the Building A basement and waste collection area incorporates
steps. For this stage a suitable
temporary link is to be provided on-site outside of the permanent conservation
area to facilitate the transfer of waste bins.
54. To confirm compliance with approved Waste Management Plans, prior to issue of the occupation certificate, submit to Council a Report of actual destinations and quantities of waste generated by the works carried out under this development consent. This Report is to be based on Documentary evidence (ie. tipping dockets/receipts from transfer stations and landfills) and be in the format of the Waste Management Plan Section One – Demolition Stage and/or Section Three – Construction Stage. If less than 60% waste was reused or recycled, then this Report must include the reasons why the 60% target was not achieved.
55. Waste from commercial activities on site
(including but not limited to medical services) must not be placed in the
residential bins and must be disposed of separately to the domestic/residential
waste.
56. An easement entitling the Council, its servants and agents and persons authorised by it to enter upon the property and to operate equipment for the purpose of waste and recycling collection services. This easement must be granted in favour of Council prior to the occupation of the development.
Note: An 88(b) instrument is an acceptable form of easement subject to the area effected by the easement not requiring renewal upon sale or transfer at any time.
ENVIRONMENTAL PROTECTION
57. Prior
to the release of the Construction Certificate a connection must be made to
Sydney Water’s sewerage system for all wastewater from the development.
58. The installation of rainwater tanks and associated plumbing must be in accordance with Sydney Water’s Guidelines for Rainwater Tanks on Residential Properties: Plumbing Requirements, dated April 2003.
59. Any imported soils to the subject site
must be Virgin Excavated Natural Material (VENM) as defined in Schedule 1 of
the Protection of the Environment
Operations Act 1997.
60. All
excavated material removed from the site must be classified in accordance with
NSW EPA (1999) Environmental Guidelines: Assessment, Classification and
Management of Liquid and Non-Liquid Wastes prior to disposal. All excavated material must be disposed of to
an approved waste management facility.
61. Council
and the PCA must be notified immediately should the presence of asbestos or
soil contamination, not recognised during the original assessment process be
identified during demolition or construction works.
62. Prior
to the issue of an occupation certificate, all mechanical plant equipment must
have noise specifications, proposed locations and orientations reviewed prior
to installation on the site to ensure that they will not singularly or in total
emit noise levels which possess tonal, beating and similar characteristics or
which exceeds background noise levels by more than 5dB(A). Should the
calculated noise emissions from the mechanical plant equipment be in excess of
the set limits, appropriate acoustic treatment must be implemented by a
suitably qualified consultant.
63. The sediment basin/s
shall be provided and designed to contain 25mm runoff from the 75th percentile,
5-day rainfall event or a 5 year
64. Waters captured in the sediment basin shall be flocculated to ensure that discharges contain no more than 50 millilitres of suspended solids, turbidity is no more than 30 ntu’s and the pH is between 6.5 – 7.5 before being discharged. Gypsum (calcium sulfate) shall be used as the flocculant agent and applied within 48 hours following rainfall events. The flocculant shall be evenly distributed over the surface area of the sediment retention basin. Settled sediment shall be pumped out and disposed of to an approved waste management facility. Approval must be sought from Council prior to discharge into Council’s stormwater system.
65. All headwall outlets shall incorporate flow velocity reduction controls (i.e. bedded boulders and small stones) to minimise erosive and scouring impacts to the watercourse. Accordingly, energy dissipator controls shall be landscaped to accommodate outlet sheet flow (forced jump). No engineering works are permitted within the bed of the watercourse.
66. Dust control measures must be utilised to ensure airborne dust particulates are abated and airborne movement of sediment blown from exposed disturbed areas is contained within the site.
67. Geofabric sediment fencing is to be installed 10 metres downslope running parallel to the proposed works. The sediment fencing shall be secured by post at 2 metre intervals with the geotextile fabric embedded at 200 mm in soil. Two metre returns shall be included at both ends of the sediment fencing.
68. The sediment basin/s primary outlet/s riser shall be designed to discharge at peak flow of a minimum of a 20 year frequency storm. Trash collection devices and a geotextile filter shall also be incorporated.
RURAL FIRE SERVICE
Asset
Protection Zone
69. At the commencement of building works and
in perpetuity the entire property shall be managed as an ‘Inner Protection Area’ as outlined within Planning for Bush Fire Protection 2006 and the Services document ‘Standards for asset protection zones.’
Water
and Utilities
70. Water, electricity and gas are to comply
with section 4.1.3 of Planning for Bush Fire Protection 2006.
Access
Note: The Rural Fire Service clarified that this condition relates to the internal provisions of the future development only and in no way relates to the public roads within the surrounding neighbourhood.
Evacuation
and Emergency Management
72. Arrangements for emergency and evacuation
are to comply with section 4.2.7 of Planning for Bush Fire Protection
2006.
Design
and Construction
73. New construction shall comply with
Australian Standard AS3959-1999 ‘Construction of buildings in bush-fire prone
areas’ Level 1.
74. Roofing shall be gutterless or have
leafless guttering and valleys to prevent the building up of flammable
material. Any materials used shall have
a Flammability Index of greater than 5.
Landscaping
75. Landscaping to the site is to comply with
principles of Appendix 5 of Planning for Bush Fire Protection 2006. In this regard the following landscaping
principles are to be incorporated into the development:
(a) Suitable impervious areas being provided
immediately surrounding the building such as courtyards, paths and driveways;
(b) Grassed areas/ mowed lawns/ or ground
cover plantings being provided in close proximity to the building;
(c) Restrict planting in the immediate
vicinity of the building which may over time and if not properly maintained
come into contact with the building;
NSW HERITAGE COUNCIL
76. The garbage area must not be paved with
in situ concrete. Precast concrete
pavers may be used.
Note: this condition relates to the waste collection
area adjacent to the round-a-bout, not to the basement storage areas.
77. An interpretation plan for the site,
proportional to the site’s significance, is to be prepared and submitted to
the Director of the Heritage Branch to be approved prior to the application for
the construction certificate. The interpretation plan shall
include relevant historical themes and propose appropriate media and signage,
its design and its location on the site.
The Plan shall include the management of any possible future acquisition
of moveable heritage items and relics with a provenance traceable to this
site. The interpretation plan shall be
developed in consultation with, and to the approval of, the nominated heritage
architect and archaeologist;
78. The Strata Management Statements (or any buildings management documents) for the site are to include By-law(s) or other measures to ensure that ownership of the Mt Wilga’s significant fabric and interpretation signage is by the site’s body corporate, and that significant fabric is protected and conserved in accordance with the Conservation Management Plan, and adequate funds are provided in any building maintenance fund for this work. This information is to be is to be submitted to the Director of the Heritage Branch to be approved prior to the application for an occupancy certificate;
79. A heritage architect is to be nominated for the project. An archaeologist is also to be nominated for the project The name and experience of these heritage consultants shall be submitted to the Heritage Branch for approval prior to the application for the construction certificate;
80. The heritage consultants (as appropriate) shall advise on detail design resolution of new elements fixed to Mt Wilga house, inspect the demolition work to ensure no loss of significant fabric and elements, review the reuse of salvageable material, construction of new elements, and impact of services (to minimise impacts on significant fabric, openings and views) and conformity to the conditions of approval;
81. A report by the consultant shall be submitted to the Director of the Heritage Branch for approval within 1 month of the completion of the works, which describes the work, any impacts/damage and remedial works carried out;
82. The building contract selected for the project shall ensure that the nominated heritage architect has a contractual role as administrator of the contract for works to Mt Wilga House and gardens, with the ability to issue instructions to the contractor;
83. The scope of archaeological work on the site beyond the State Heritage Register boundary should be further discussed with the Heritage Council or its delegate. An application under either S140 or S139(4) shall be submitted and approved by the Heritage Council before the site works may commence. An archaeological Research Design may be required, depending upon the conclusion of these discussions.
84. The monitoring
archaeologist shall make periodic inspections as required of the ground
disturbance associated with the proposed building and landscaping works in this
application affecting parts of the site identified as being of High
archaeological potential in the March 2006 Mt Wilga and Grounds Conservation
Management Plan.
85. The Applicant must ensure that should any Aboriginal objects be uncovered, excavation or disturbance of the area is to stop immediately and the Department of Environment and Conservation is to be informed in accordance with section 91 of the National Parks and Wildlife Act, 1974.
86. The Applicant must ensure that any excavation which reveals Aboriginal objects is referred to Department of Environment and Climate Change.
87. Prior to the commencement of the proposed works, all contractors and relevant personnel involved are to be made aware of the existence of historical archaeological remains at the site by way of an induction process undertaken by the nominated archaeologist. The induction shall also make the personnel aware of the possibility that more as yet unidentified archaeological remains may still exist and of the requirements of the NSW Heritage Act, 1977 in relation to archaeological relics in the event that they are uncovered.
89. Suitable clauses, prepared in consultation with the nominated heritage consultants, are to be included in all contractor and subcontractor contracts to ensure that on-site personnel are aware of their statutory obligations in relation to the relics provisions of the NSW Heritage Act, 1977 and the National Parks and Wildlife Act, 1974 concerning Aboriginal archaeology in the event that any material is disturbed or exposed during site works;
90. If any unidentified historical archaeological remains or deposits are exposed during the works other than remains of mid twentieth-century (or later) buildings, excavation is to cease immediately in the affected areas and the nominated archaeologist is to be notified to undertake an evaluation of the potential extent and significance of such relics. The Heritage Branch is to be notified in accordance with Section 146 of the Heritage Act. Additional assessment and approval may be required prior to works continuing in the affected area(s) based on the nature of the discovery.
91. In
the event of archaeological relics being exposed on the site, the relics should
be appropriately documented according to the procedures outlined in the
investigation strategy accompanying the application for any excavation permit
or exception.
92. An archival record of the elements of the house and garden to be opened up or otherwise affected by these works, in accordance with Heritage Branch guidelines for items of State significance, is to be submitted to the Executive Director of the Heritage Branch for approval within 3 months of the completion of the works. One copy of the archival record shall be deposited with each of the Heritage Branch and Hornsby Shire Council’s local studies collection.
93. Significant building elements, features, fixtures, fittings and fragile materials shall be adequately protected from potential damage during the works. Protection systems must ensure historic fabric is not damaged or removed;
94. The installation of new services to Mt Wilga house shall be carried out in such a manner as to minimise damage to, or removal of historic fabric, and shall not obscure historic features. Any penetrations through heritage fabric for pipes and ducts should be prevented. New services should avoid significant spaces, views and fabric;
95. A section 65A application (enclosed) under the NSW Heritage Act, 1977 must be forwarded to the Heritage Council and be approved before these works may commence. One set of A3 size drawings must also be included.
96. To retain the
significant setting and formal landscape qualities of the driveway and grounds
to Mt Wilga, a retaining wall is to be constructed between the
97. The driveway surface is to be relaid in an appropriate material in the form of either black bitumen or AC.
Note: this
condition relates to the
DEVELOPER CONTRIBUTIONS
98. The payment of a contribution towards the cost of transport and traffic management, open space and recreation facilities, library and community facilities, bushland regeneration, stormwater drainage, civic improvements and section 94 plan administration in accordance with sections 94, 94A and 94C of the Environmental Planning and Assessment Act, 1979 and the Hornsby Shire Council’s Development Contributions Plan 2007-2011. The contributions for the five (5) construction stages of the development shall be as follows:
Stage A: 17
dwellings @ $9,191.95 – Total $ 156,263.15;
Stage B: 14
dwellings @ $9,191.95 – Total $ 128,687.30;
Stage C: 16
dwellings @ $9,191.95 – Total $ 147,071.20;
Stage D: 22
dwellings @ $9,191.95 – Total $ 202,222.90;
Stage E: 23
dwellings @ $9,191.95 – Total $ 211,414.85;
The contribution is to be paid by the end of the financial quarter in which the development application was determined and prior to the issuing of a construction certificate for each respective Stage, whichever occurs first. The contribution will be adjusted in accordance with the underlying consumer price index for the subsequent financial quarters.
Note 1: It is recommended that you contact Council on 9847 6030 to ascertain the indexed value of contributions prior to payment.
Note 2: Council’s Contribution Plan can be viewed at www.hornsby.nsw.gov.au/Building & Development, or a copy may be inspected during business
hours at the first floor of Hornsby Shire Council’s
Additional Conditions Applying to
Stage A
Access
Way/Driveway
99. A separate application under the Local Government Act 1993 and Roads
Act 1993 must be submitted to Council for approval for:-
(a) The
installation of a vehicular footway crossing servicing the development, and the
removal of any redundant crossings.
This application can only
be submitted by one of Council’s Authorised Vehicular Crossing
Contractors. You are advised to contact
Council’s Works Division on (02) 9847 6940 to obtain a list of Council’s
Authorised Vehicular Crossing contractors.
(b) The
undertaking of work within a public road (this includes laneways, public
pathways, footways).
100. The concrete vehicular crossing within
The vehicular crossing in
101. Construction of the proposed access driveway from Rosamond St in accordance with the following requirements:-
(a) Construction of an Asphaltic concrete (AC) sealed driveway from the property boundary to the entry of the underground carpark. The AC seal shall also be extended through the roundabout in front of the Mt Wilga house. The pavement shall be designed and constructed in accordance with Council’s Civil Works Specification.
(b) The pavement width shall be a minimum width of 6.5 metres in accordance with AS 2890.2 to allow vehicles, including service vehicles, to pass.
(c) The pavement shall have a kerb to one side and a one-way crossfall with a minimum gradient of 2%.
(d) Construction of retaining walls, as required to support the carriageway and the compaction of all filled batters to the requirements of a practising geotechnical engineer.
(e) The provision of a safety rail at appropriate locations along the carriageway where there is a level difference between the driveway and the adjoining ground level of more than 300 mm or a 1:4 batter cannot be achieved.
102. The vehicular crossing within
103. The concrete vehicular crossing within
104. The vehicular crossing shall have a minimum
width of 5.5m at the property boundary alignment.
105. Construction
of the access driveway in
(a) Construction of 150mm thick reinforced concrete pavement with 150/100 mm sub base.
(b) The pavement width shall be a minimum width of 5.5 metres.
(c) The pavement shall have a kerb to one side and a one-way crossfall with a minimum gradient of 2%.
106. Any redundant gutter and/or footway
crossing must be replaced with integral kerb and gutter. The footway area must be restored by
turfing. Works are to be completed prior
to occupancy or the issue of a subdivision certificate, whichever occurs first.
Access to Public
Transport - Footpath improvements for disabled access
107. A 1.2m wide footpath and pram ramp/s are to
be constructed to provide a continuous accessible path from the site to the bus
stop at the corner of
Drainage
108. Stormwater drainage from
the site shall be designed and constructed to satisfactorily drain rainfall
intensities for an average recurrence interval of 20 years. The design shall:-
(a) Be in accordance with Hornsby Shire
Council Civil Works – Design Specification 1999 and generally in accordance
with plans prepared by the Meinhardt Group Job No 9367 revision 08. The
designing engineer is to complete and submit to Hornsby Shire Council the
Design Certification Report as required in the Hornsby Shire Council Civil
Works – Design Specification 1999
(b) Provide for drainage discharge to the
existing drainage system in
(c) Ensure that the development, either
during construction or upon completion, does not impede or divert natural
surface water runoff so as to cause a nuisance to adjoining properties.
(d) Ensure that the stormwater drainage
pipes are located under the existing kerb and gutter in accordance with
standard practise.
(e) Provide for a minimum pipe size of
375mm. The bedding material for the bed, haunch, overlay and side zones shall
be 20mm aggregate and covered with geotextile fabric.
(f) The existing kerb and gutter above the
proposed pipeline within Manor Rd is to be removed and reconstructed in
accordance with the Hornsby Shire Council’s Civil works Specification and all
areas, including private properties are to be restored to as near as
practicable to the pre construction condition following completion of the
works.
(g) All works within the open channel
section of the Drainage Easement are to be constructed in accordance with
Hornsby Shire Council’s Sustainable Water DCP.
(h) Adequate notice of the intention to
commence works is to be given to all affected residents. Details of this notice
are to be given to Hornsby Shire Council.
(i) All stormwater drainage works within
the public road reserve and private properties other than the subject property
are to be inspected by Hornsby Shire Council at the “Hold Points” as detailed
in the Hornsby Shire council’s Civil Works Specification.
(j) A Traffic Control Plan is to be
prepared and submitted with the engineering plans addressing traffic control
within
(k) It should be noted that no works are to
commence within the road reserve of
109. The drainage system is to be constructed
with an on-site-detention system, having a capacity of not less than 250m3
and a maximum discharge, when full, of 520 l/s.
The system shall be designed by a chartered professional civil engineer
to the following requirements:
* A surcharge/inspection grate is to be
located directly above the outlet.
* Stormwater discharge from the
detention system is to be controlled via a one metre length of pipe not less
than 50mm diameter discharging into a larger diameter pipe capable of carrying
the design flow to Council's gutter/stormwater pit.
* Where the on-site detention system is
proposed under the vehicular driveway, the engineer is to certify that the
detention tank is structurally capable of withstanding the maximum anticipated
traffic loads.
* An overland flowpath is to be provided to allow undetained
flows to flow directly to
* A minimum height of 2.0m is to be provided above the
inspection grates to allow access into the detention tank for maintenance and
inspection purposes.
110. A compliance certificate is to be submitted to Council which includes work-as-executed details of the on-site-detention system prepared by a chartered professional engineer/registered surveyor verifying that the required storage and discharge volumes have been constructed in accordance with the design requirements. The details are to show the invert levels of the on system as well as the pipe sizes and grades. Any variations to approved plans must be shown in red and supported by calculations.
Additional Conditions Applying to
Stage E
Roadworks
111. The
existing kerb, gutter and footpath across the frontage of the site in
112. A
concrete median island is to be designed and constructed in
Footpaths
113. A 1.2m wide concrete footpath shall be designed and constructed across the frontage of the site in manor Rd and Rosamond St in accordance with Hornsby Shire Council Civil Works Design and Construction Specification 1999. The work is to be completed prior to the issue of the Occupation Certificate for Stage E.
ADVICES
(i). There
is no new fencing proposed or approved along
Note: Fencing
is not exempt development pursuant to Council’s Exempt and Complying
Development DCP as the property is a heritage item pursuant to Schedule D of
the Hornsby Shire LEP 1994.
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Rod Pickles Manager -
Assessment Team 2 Planning Division |
Scott Phillips Executive Manager Planning Division |
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1.View |
Locality
Plan |
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2.View |
Site
Plan |
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3.View |
Landscape
Plans |
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4.View |
Floor
Plans |
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5.View |
Shadow
Diagrams |
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Mt
Wilga House Plans |
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File Reference: DA/928/2007
Document Number: D01011053