Agenda of Planning Meeting - 19 November 2008

Planning Report No. PLN216/08

Date of Meeting: 19/11/2008

1 DEVELOPMENT APPLICATION - DEMOLITION OF OUTBUILDINGS, ALTERATION TO THE EXISTING DWELLING AND SUBDIVISION OF ONE ALLOTMENT INTO TWO ALLOTMENTS
20 NYARA ROAD MT KURING-GAI

Development Application No:	552/2008 – Section 82A Review
Description of Proposal:	Demolition of outbuildings, alteration to the existing dwelling and subdivision of one allotment into two allotments.
Property Description:	Lot 27 DP 6358, No. 20 Nyara Road, Mt Kuring-gai
Applicant:	McKittrick Fry And O’Hagan
Owner:	Quantum Extracts Pty Ltd
Statutory Provisions:	Hornsby LEP 1994 Residential A (Low Density) SREP 20 – Hawkesbury Nepean River
Estimated Value:	$4000
Ward:	A

RECOMMENDATION

THAT Development Application No. 552/2008 for the demolition of outbuildings, alteration to the existing dwelling and subdivision of one allotment into two allotments at Lot 27 DP 6358, No. 20 Nyara Road, Mt Kuring-gai be approved subject to conditions of consent as detailed in Schedule 1 of this report.

EXECUTIVE SUMMARY

1. On 2 July 2008 Council refused DA/552/2008 for the demolition of outbuildings, alteration to the existing dwelling and the subdivision of one allotment into two allotments with the retention of the existing dwelling on proposed lot 1.

2. Pursuant to Section 82A of the Environmental Planning and Assessment Act, 1979 (the Act), a request has been made of the Council to review its determination.

3. The amended proposal complies with Hornsby Shire Local Environmental Plan 1994 (HSLEP) and Council’s Residential Subdivision Development Control Plan (RSDCP).

4. Sixteen submissions have been received in respect of the application.

5. It is recommended that the application be approved.

HISTORY OF THE APPLICATION

On 2 July 2008 Council’s Planning Committee first considered the subject application and resolved:

“THAT Development Application No. 552/2008 for demolition of outbuildings, alteration to the existing dwelling, subdivision of one lot into two and to retain the existing dwelling on proposed lot 1 be refused on the following grounds:

1. The development does not comply with objective (c) of the Hornsby Shire Local Environmental Plan 1994 as the development is not within the environmental capacity of the site.

2. The proposal does not comply with the “Drainage Control” element of the Residential Subdivision Development Control Plan as it proposes to fill a portion of the proposed rear allotment by 1.7m. This will result in landform modification and any future dwelling house on the allotment will have adverse impact on the privacy, views and solar access of the neighbouring properties.

3. The proposed development fails to comply with the ‘Accessway Design’ element of the Residential Subdivision Development Control Plan with the regard to the effective width of the access handle.

4. The proposal does not comply with the ‘Private Open Space’ element of the Dwelling House Development Control Plan, as it fails to demonstrate that appropriate private open space can be provided for the existing dwelling on lot 1.

5. The proposed development does not comply with the “Site Coverage” element of the Dwelling House Development Control Plan.

6. The proposed lot 2 does not comply with the prescriptive measure of the Residential Subdivision DCP in relation to the rear setback.

7. The proposal is unsatisfactory as a landscape plan is not included for the accessway design and the proposed private open space area in the front setback of lot 1.

8. Insufficient information has been provided regarding the details of the covered patio and any possible obstruction to the driveway due to the location of a post/column supporting the roof of the patio.”

In response, the applicant has supplied amended plans and further information in support of the application. This report details the assessment of an application for Council to review its determination pursuant to s.82A of the Act.

HISTORY OF THE SITE

On 15 August 2007 Council refused Development Application No. 245/07 for subdivision of one allotment into two allotments and the retention of the existing dwelling on proposed lot 1.

THE SITE

The site is rectangular in shape and has an area of 1,226 sqm. The property is located on the northern side of Nyara Road with an average slope of 10% from east to west (across the property).

A single storey brick veneer dwelling exists in the front portion of the site. The dwelling accommodates a double garage which is accessed via a driveway off Nyara Road. The front setback is landscaped and partly screened from the road due to the planting. There is an existing solid fencing along part of the western boundary. A retaining wall is constructed along this boundary behind the front building line with a wire mesh fence above it.

The site accommodates 21 trees including locally native Scribbly Gum and introduces Callistemon species.

The surrounding area is characterised by low density single and two storey dwellings. A few of the surrounding properties on Nyara Road and Alicia Road include battleaxe allotments with access via a 4 m wide driveway from the street.

THE PROPOSAL

The development application, as originally submitted to Council, involved the demolition of the outbuildings at the rear, alterations to the existing dwelling by removing a section of the eve and gutter and replacement with a gable roof, and the Torrens title subdivision of one allotment into two allotments, with an existing dwelling to be located on proposed lot 1. Lot 2 would be a battleaxe allotment, access being provided by an access handle off Nyara Road.

· Site area for lot 1: 548 sqm

(564 m²including right of way)

· Site area for lot 2: 545 sqm

(662 m² including access handle)

· FSR of existing dwelling on lot 1: 0.3:1

Proposed Lot 1 would be a rectangular allotment with a frontage to Nyara Road and would accommodate the existing single storey brick dwelling retaining the access to the double garage. The allotment would have a right of way over to accommodate an access handle servicing Lot 2.

Proposed Lot 2 would comprise a battleaxe allotment with access from Nyara Road via a 4m wide access handle which reduces to 3.5m within the portion of the site adjoining the existing dwelling. The allotment is capable of accommodating a building envelope with an area of 200 m². The proposed allotment would have a right of way over a section of lot 1 (16 sqm) along the eastern boundary of the access handle to increase the width of the handle to 4m and provide landscaping.

The applicant has submitted additional information in support of the Section 82A application to address Council’s previous reasons for refusal. In summary, the applicant submits that the amended plans address the reasons of refusal as follows:

· The patio attached to the existing dwelling on proposed lot 1 is proposed to be demolished. The removal of the patio would result in the reduction of the site coverage of the dwelling house and would increase the amount of useable private open space area at the rear and the side of the dwelling.

· The details of landscaping along both sides of the access handle are provided in the submitted plan.

· The proposal involves filling the north-western section of the site at the rear to a maximum height of 800 mm and construction of a retaining wall. The filled section would reduce in height and gradually be levelled at a distance of 10m from the western boundary.

· The proposed method of stormwater disposal has been amended. The proposed wall along the western boundary would intercept and direct overland flows (from rainfall) through a pit (to be constructed with the interallotment drainage system) to Council’s drainage system within Nyara Road.

ASSESSMENT

The development application has been assessed having regard to the ‘2005 City of Cities Metropolitan Strategy’, the ‘North Subregion (Draft) Subregional Strategy’ and the matters for consideration prescribed under Section 79C of the Environmental Planning and Assessment Act 1979 (the Act). Subsequently, the following issues have been identified for further consideration.

1. STRATEGIC CONTEXT

1.1 Metropolitan Strategy – (Draft) North Subregional Strategy

The Metropolitan Strategy is a broad framework to secure Sydney’s place in the global economy by promoting and managing growth. It outlines a vision for Sydney to 2031; the challenges faced, and the directions to follow to address these challenges and achieve the vision. The draft North Subregional Strategy acts as a framework for Council in the preparation of a new Principal LEP by 2011.

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 allotment and would facilitate greater 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 Residential A (Low Density) under the Hornsby Local Environmental Plan 1994 (HSLEP). The objectives of the zone are:

a) to provide for the housing needs of the population of the Hornsby area.

b) to promote a variety of housing types and other land uses compatible with a low density residential environment.

c) to provide for development that is within the environmental capacity of a low density residential environment.

The uses are defined as ‘demolition’ and ‘subdivision’ and are permissible within the zone pursuant to Clause 7 of the HSLEP.

The development would facilitate the provision of housing for the population of the area and would be compatible with the low density residential environment. The proposal complies with objectives (a) and (b) of the zone in this regard.

The proposal, as amended, would provide a method of stormwater drainage that is considered suitable and would improve the current drainage situation in the street. The proposed width of the new access handle servicing the rear allotment is considered adequate, given the landscaping opportunities. The proposed land fill is within the prescribed measures of the RSDCP. The proposal therefore would result in a development within the environmental capacity of the site and complies with objective (c) of the zone. The amended proposal addresses reason no. 1 for refusal of the original application satisfactorily.

Clause 14 of HSLEP prescribes that the minimum size of allotments within the zone is 500 sqm. The proposal complies with Clause 14 in this regard.

Clause 15 of HSLEP prescribes that the maximum floor space ratio (FSR) of development within the zone is 0.4:1. The proposed FSR for the existing dwelling on proposed allotment 1 is 0.3:1. Therefore, the proposal complies with Clause 15 with regard to proposed FSR. Having regard to the proposed size of lot 2, a dwelling of 218 sqm could be constructed within the FSR requirement.

2.2 State Regional Environmental Plan No. 20 – Hawkesbury Nepean River

The application has been assessed against the requirements of Sydney Regional Environmental Plan No. 20. This Policy provides controls to protect the environment of the Hawkesbury-Nepean system, including its water quality. The plan addresses matters related to water quality, significant vegetation habitats, extraction, environmental heritage and scenic quality, recreation and tourism, and agriculture.

It is considered that the proposed development is not inconsistent with the objectives of the Plan. The matters in relation to “water quantity” are discussed in Section 2.3.7 of this report.

2.3 Residential Subdivision Development Control Plan

The proposed development has been assessed having regard to the relevant performance and prescriptive design standards within Council’s Residential Subdivision Development Control Plan (RSDCP). The following table sets out the proposal’s compliance with the prescriptive measures of the Plan:

Residential Subdivision Development Control Plan

Control

Proposal

Requirement

Compliance

Density

Lot 1

Lot 2

548 m²

545 m²

500 m²

Yes

FSR

Lot 1

0.3:1

0.4:1

Yes

Site cover

Lot 1

38%

40%

Yes

Building Envelope

Lot 2

218 m²

200 m²

Yes

Building Envelope minimum dimension

Lot 2

12m

10m

Yes

Car parking

Lot 1

Lot 2

2 spaces

Yes

Private Open Space

Lot 1

Lot 2

140m²

147m²

120 m²

Yes

Landscaping

Lot 1

Lot 2

48%

45%

Yes

Setbacks

Lot 1

Front (Nyara Road)

Western side

Eastern side No Yes

Rear

Lot 2

Front

Western side

Eastern side No Yes

Rear

No change

5 m

7.5m

Yes

Cut and Fill

Lot 2

0.8m

Yes

Width of Access Handle

3.5m – 4m

As detailed in the above table, the proposed development does not comply with one prescriptive measure within Council’s RSDCP. The matter of non-compliance is detailed below, as well as a brief discussion on compliance with relevant performance criteria.

2.3.1 Design

The allotments are designed to have a north-south orientation. The proposed allotment at the rear would be capable of accommodating a building envelope exceeding the required 200 sqm including adequate car parking and turning areas. The existing dwelling within proposed lot 1 would maintain an adequate setback from the rear boundary to retain the privacy of any future dwelling house on proposed lot 2. The design of the allotments is considered appropriate.

2.3.2 Density

The amended plans include the demolition of the covered patio. Therefore, proposed lot 1 now complies with the ‘Site Coverage’ control of Council’s Residential Subdivision DCP. The Section 82A review application addresses reason No. 5, of refusal of the original application and is considered satisfactory.

2.3.3 Setbacks

The dwelling on proposed lot 1 currently exists on the site. The provision of the access handle along the western boundary would result in a nil setback of a section of the dwelling house from the boundary. This section of the dwelling house includes the western wall of the garage with a window opening.

The effect of the nil setback of the window from the boundary can be mitigated via a condition to protect the opening in accordance with the fire separation requirements of the Building Code of Australia. Given the above, the non-compliance with the prescriptive measure regarding the setbacks is acceptable.

The building envelope on proposed lot 2 is setback at a distance of 3m from the rear boundary and complies with Council’s RSDCP. The amended application therefore addresses reason No. 6 of refusal of the original application.

2.3.4 Private Open Space

The amended proposal involves the demolition of the patio attached to the existing dwelling. The private open space area for proposed lot 1 would be wholly contained behind the front building line and is considered suitable. A condition is recommended for screen planting along the eastern boundary of the access handle to retain the privacy of the open space. A condition is also recommended that no fence be erected on the front boundary of the allotment to avoid any detrimental impact on the streetscape.

The amended application addresses reason No. 4 for refusal of the original application with regard to private open space areas and is considered satisfactory.

2.3.5 Access Handle

The RSDCP requires the minimum width of access handles to be 4m. The proposed access handle maintains an effective width of 4m for the majority of its length. However, the width would reduce to 3.5 m in the section of the site accommodating the existing dwelling. Given that the dwelling house is existing and that 0.3m -0.5m of landscaping can be provided between the driveway and the dwelling in addition to the 3m wide driveway, the non-compliance is considered acceptable. The amended application involves the removal of the post located within the driveway to comply with the driveway width and addresses reason No. 8 for refusal of the original application.

The application also provides details of the landscaping along the eastern and western boundaries to ensure that the privacy of the dwelling house at 22 Nyara Road, is retained. The application therefore adequately addresses reasons Nos. 3 and 7 of the original application by providing details of landscaping opportunities on either side of the driveway.

2.3.6 Car Parking

The proposal would not have any adverse impact on transport, traffic, access and parking within the site. The existing dwelling accommodates two car spaces and is acceptable. The proposed allotment at the rear is capable of accommodating two car spaces and a turning area.

2.3.7 Drainage Control

The proposal would result in the increase of the hard surface areas by creating an additional allotment and therefore increasing the quantity of water runoff from the site. The original application was refused due to non-compliance with the ‘drainage control’ element of the RSDCP.

The engineering assessment of the proposal concludes that the amended proposal is acceptable as the amount of stormwater generated currently due to rainfall, to downstream properties, would be reduced by the proposed retaining wall at the rear. In absence of this wall, the overland flows would normally enter the downstream properties. A positive covenant would be created for provision of an on -site detention system with any future dwelling within proposed lot 2 in addition to an interallotment drainage easement.

Stormwater is proposed to be drained to Council’s drainage system within Nyara Road, which has adequate capacity to accommodate the flow from any on-site detention system to be built with any future dwelling house within proposed lot 2. A section of the site at the rear would be filled to achieve the stormwater drainage. The fill would attain a maximum height of 800 mm along the western boundary and is acceptable.

The applicant addresses reason No. 2 for refusal by proposing a suitable method of stormwater disposal and reducing the height of the proposed fill in the amended plans.

2.3.8 Soil and Water Management

The amended proposal reduces the height of the proposed fill from 1.7m to 0.8m. Further, the proposed fill on site would effectively improve the stormwater management of the land and Nyara Road and is considered suitable. The amended proposal addresses the matters of non-compliance in relation to the proposed fill, raised in the original application and is assessed as satisfactory.

2.3.9 Dwelling House Development Control Plan

The existing dwelling house on proposed lot 1 has been assessed having regard to the relevant performance and prescriptive design requirements of Council’s Dwelling House Development Control Plan. The proposal does not alter the height or design of the existing dwelling. The compliance of the dwelling house with the relevant performance criteria such as FSR, site cover, setbacks, private open space, car parking and landscaping are discussed in Section 2.3 of this report.

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

The proposed development would necessitate the removal of two trees on proposed lot 2.

Council’s assessment of the proposal included a detailed examination of the existing trees on site. No trees within the site are identified as ‘significant trees’ apart from a street tree within the frontage of the property. The proposal would not have an adverse impact on the tree subject to compliance with relevant conditions.

The development is considered acceptable with regard to its impact on the natural environment.

3.2 Built Environment

The proposal involves alterations to the existing dwelling by removing a section of the eve and gutter and replacement with a gable roof and the removal of a patio attached to the dwelling. The proposed alterations would have negligible impact on the streetscape. The proposed allotments comply with the minimum allotment size requirement.

The proposal, as amended includes the demolition of a patio to reduce the overall building footprint of the existing dwelling house.

The current proposal involves the filling of a section of the site and increasing the level by 800 mm along the western boundary. This is considered acceptable as it complies with the prescriptive measures of Council’s RSDCP and would improve the overall drainage pattern on site. The provision of 1.8 m high boundary fence on the retaining wall would assist to retain the privacy of the adjoining property at 22 Nyara Road. However, the impact of any future dwelling house on the surrounding built environment would be assessed under a separate development application.

Council’s engineering assessment of the traffic impacts of the development concludes that the proposal is acceptable with regard to the driveway widths, accessway provisions and car spaces on site. The proposal would not result in a detrimental impact on the built environment of the area.

4. SITE SUITABILITY

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

The site is considered suitable for the development as it would generate two allotments exceeding 500 sqm and capable of accommodating two dwelling houses with minimal impact on the natural and built environment.

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 25 September 2008 and 9 October 2008 in accordance with Council’s Notification and Exhibition Development Control Plan. During this period, Council received sixteen submissions. The map below illustrates the location of those nearby landowners who made a submission that are in close proximity to the development site.

NOTIFICATION PLAN

• PROPERTIES NOTIFIED

X SUBMISSIONS

RECEIVED

PROPERTY SUBJECT OF DEVELOPMENT

2 SUBMISSIONS RECEIVED OUT OF MAP RANGE

Sixteen submissions objected to the development. The concerns raised by the objectors and the merits of the matters raised in community submissions have been addressed below:

· Any proposed dwelling will have potential overlooking opportunities.

· The private open space area for lot 2 will not receive sufficient solar access due to the north-west orientation.

· Any future dwelling house on Lot 2 would intercept the existing overland flow from properties further up the street. This would result in inconvenience to the downstream properties.

· The level of the rear allotment will be increased unacceptably due to the proposed fill. Any future dwelling house on the proposed allotment will have adverse impact on the surrounding properties with regard to privacy and views.

The proposed fill on site is 0.8m and complies with the requirements of Council’s Dwelling House DCP. As discussed in this report, the proposed fill and the retaining wall would improve stormwater management on site. The proposed fill is within the required 1m, thus minimizing the impact on privacy and solar access to the adjoining dwelling houses. Any impacts on privacy can be mitigated by the construction of a boundary fence. However, the matters in relation to potential overlooking opportunities, solar access and overland flows would be assessed in detail under a separate development application for a dwelling house on proposed lot 2.

· The materials proposed for land fill and methods of preventing future erosion are

not specified.

A condition is recommended requiring that all imported fill material be clean, that is, non-contaminated excavated material (i.e. soil, rock or similar material) and not putrescible and non-putrescible solid waste (including demolition material). All fill, including existing fill, would be compacted in accordance with Council’s Civil Works - Construction Specification 2005.

· The proposal is only for the profit of the developer.

The proposal would result in the creation of one additional allotment and therefore increase the housing choice within the LGA.

· Construction of a 800mm high retaining wall, 1800mm high solid boundary fence and any future development, being setback 1m from the boundary, would adversely impact on the solar access to the existing dwelling at No. 22 Nyara Road.

The current proposal does not include the construction of a dwelling house. In accordance with the Dwelling house DCP, any future dwelling house on site should be limited to single storey to have limited overshadowing impact on the adjoining western property. However, this matter would be assessed in detail under a separate development application.

· The application does not include a landscape plan for viewing by the neighbours.

The proposed subdivision plan includes details of landscaping and is considered satisfactory.

· The proposed demolition of the patio is not credible as the patio can be constructed after the approval of the application.

The proposal includes the demolition of the patio and the subdivision certificate would not be released without the demolition of the patio and construction of the driveway providing access to the battleaxe allotment.

· The development would result in the destruction of trees.

· The drainage on the street is inadequate. The proposal would aggravate this problem.

· The proposal will result in reduced amenity for the neighbouring properties due to lack of privacy.

· Privacy of the open space area for lot 1 will be hampered due to the location of the access handle. Location of the private open space area within the front setback is not acceptable.

· The width of the access handle is deficient due to the location of the retaining wall.

· The proposal does not include details of the right-of-way.

· No satisfactory overland flow path is available for the proposed on-site-detention system. If the detention tank overflows due to a major storm event or a blockage due to low maintenance, then the adjoining property at No. 22 Nyara Road would be flooded.

· The propose 375mm diameter pipeline across Nyara Road is considered inadequate. The connection of the pipeline to a pit on the northern side of the roadway and replacement of the deep table drain by a kerb and gutter is preferred to the current system.

· The development is not within the environmental capacity of the land.

· The proposed development does not comply with the site coverage element of the RSDCP.

· The building envelope on proposed lot 2 does not comply with RSDCP with regard to rear setback.

The above matters have been discussed in the body of this report under the relevant headings.

6. THE PUBLIC INTEREST

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

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

The application is considered to have satisfactorily addressed Council’s 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 application, would be in the public interest.

7. CONCLUSION

The application proposes the demolition of outbuildings and patio, alterations to existing dwelling and subdivision of one allotment into two allotments with the retention of the existing dwelling on proposed lot 1.

The original application did not comply with the ‘site cover’, ‘private open space’ and ‘access handle’ elements within the RSDCP. Further, the application proposed to fill a section of the site at the rear, to a height of 1.7m and did not comply with the ‘soil and water management’ element and the ‘drainage control’ element of the DCP.

The Section 82A review application for DA/552/2008 has addressed the reasons for refusal of the original application by addressing the issues of non-compliance with the above provisions. The submitted additional information involves the demolition of the patio and demonstrates compliance of proposed lot 1 with the elements ‘site cover’ and ‘private open space’. Landscaping opportunities are provided along the majority of the access handle and the non-compliance with regard to the width for a section of the site is considered acceptable. The amended application reduces the fill on site and proposes appropriate drainage of the site to Nyara Road. Therefore, the amended proposal has addressed the reason for refusal of the original application in relation to the above matters.

Having regard to the assessment of the proposed development, it is recommended that Council approve the application subject to the recommended conditions in Schedule 1 of this report.

Rod Pickles

Manager - Assessment Team 2

Planning Division

Scott Phillips

Executive Manager

Planning Division

Attachments:

1.View	Locality Plan
2.View	Landscape Plan
3.View	Floor Plan and Elevation
4.View	Subdivision Plan

File Reference: DA/552/2008

Document Number: D01029165

SCHEDULE 1

Approved Plans and Supporting Documentation (applicable to all stages)

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

*Plan No.*	*Drawn by*	*Dated*
Plan of Subdivision	McKittrick Fry and O’Hagan	9/09/2008
Erosion and Sediment Control Plan	McKittrick Fry and O’Hagan	9/09/2008
Landscape Concept Plan	McKittrick Fry and O’Hagan	9/09/2008
Floor Plan	McKittrick Fry and O’Hagan	9/09/2008

*Plan No.*	*Drawn by*	*Dated*
Waste Management plan	McKittrick Fry and O’Hagan	9/09/2008

Building Code of Australia

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

Fencing

3. No fencing shall be erected on the front boundary of proposed lot 1.

Screen planting

4. The area adjoining the access handle, as indicated in the approved plan, shall be provided with screen planting to retain the privacy of the open space area of proposed lot 1. The landscaping works shall be undertaken prior to the release of the subdivision certificate.

Fill

5. All fill, including existing fill, must be compacted in accordance with the Hornsby Shire Council Civil Works - Construction Specification 2005. The fill material imported to the site is to consist of clean fill material only, that is, non-contaminated excavated material (i.e. soil, rock or similar material). Putrescible and non-putrescible solid waste (including demolition material) is not permitted.

6. A compaction certificate is to be obtained from a chartered civil engineer / geotechnical engineer verifying that the correct compaction requirements have been met.

7. At the completion of filling works, a certificate prepared by a registered surveyor shall be submitted to Council certifying finished ground levels are in accordance with the approved plans.

Sydney Water

8. A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation.

Please refer to the Building Developing and Plumbing section of the web site www.sydneywater.com.au or telephone 13 20 92 for assistance.

9. The concrete vehicular crossing shall be a minimum of 150mm in depth reinforced with F72 steel reinforcing fabric. The vehicular crossing shall have a minimum width of 3.0m at the property boundary alignment.

10. The driveway is to be constructed with a turning area within the proposed lot 2 to ensure that vehicles can come out to the premises using Australian Standard AS 2890.1-2004 85^th percentile car turning template.

11. The vehicular crossing and the internal driveways are to be designed and constructed in accordance with Hornsby Shire Council Civil Works Specifications and AS 3727 and shall comply with the following requirements:

a) Longitudinal sections through the centrelines of the driveways from the street /road to the proposed garages, showing proposed driveway grades and allowing or suitable transition at changes of grades, are to be submitted for consideration with a construction certificate application.

b) The maximum grade is to be 25% with maximum transition for changes of grade to be 8% per plan meter.

Kerb and gutter

12. The kerb, gutter and pavement would be constructed in line with the adjoining property laybacks and gutters with footpath formation, necessary drainage and sealing of road pavement between the existing pavement and lip of the gutter. The existing road pavement is to be saw-cut, a minimum of 300mm from the existing edge of bitumen and reconstructed. The work is to be completed prior to the issue of the occupancy or subdivision certificate, whichever is first. The footpath is to be graded at 4% from the kerb to the property boundary.

Drainage

13. An interallotment drainage system is to be constructed for drainage of any future dwelling on the proposed lot 2 and stormwater discharged to Council drainage system in accordance with the plan, prepared by Mckittrick Fry and O’Hagan, Reference No 08/38A1. The system is to be designed with a provision for connection of a discharge pipe from a future on-site detention facility. The drainage lines shall be designed to satisfactorily drain rainfall intensities for an average recurrence interval of 20 years. The design shall be:

a) be in accordance with Hornsby Shire Council Civil Works – Design Specification 1999;

b) be in accordance with Australian/New Zealand Standard 3500.3; and

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.

14. Each of the proposed lots serviced by the proposed interallotment drainage easement shall have burden and benefit created pursuant to Section 88B of the Conveyancing Act 1919.

Subdivision Certificate

15. A surveyor’s certificate stating that no services, drainage lines or access way encroach over the proposed boundary other than as provided for by easements created by the final plan of subdivision shall be submitted to Council at the completion of works.

Rights of Access and Easement for Services

16. Reciprocal rights of access and easement for services are to be created over the common driveway (access corridor) under Section 88B of the Conveyancing Act 1919.

Positive Covenant

17. A “Positive Covenant” is to be created over the proposed lot 2 requiring that any future development is to provide an on-site detention system. The on site detention system is to have a storage capacity of 5 cubic meters and a maximum discharge of 8 litres per second into Council’s drainage system in accordance with Council’s standard wording.

Works as Executed Plan

18. A works-as-executed plan prepared by a chartered engineer or a registered surveyor must be lodged with Council when the engineering works are complete with the Subdivision Certificate application. The works–as executed plan shall clearly show the location of all public utility service pipes, mains and conduits (provision of services).

Council Property

19. The cost of repairing 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 paid for by the applicant/developer prior to release of the linen plan.

Fire Upgrading

20. The window opening located in the western wall of the garage is to be protected in accordance with the fire separation requirements of Part 3.7.1.5 of the Building Code of Australia.

Demolition Works

21. All demolition work is to be carried out in accordance with the applicable provisions of Australian Standard 2601-2001 ‘The Demolition of Structures’.

22. In order to maintain the amenity of adjoining properties, demolition works shall be restricted to between 7.00 am and 6.00 pm. No demolition works are to be undertaken on Saturdays, Sundays or Public Holidays. Plant, goods or materials shall not be delivered to the site outside the approved hours of site works unless written Council gives consent.

Dust Control

23. Measures to prevent the emission of dust or other impurities into the surrounding environment are to be implemented during demolition works.

Asbestos Removal

24. The collection, storage, transportation or disposal of any type of asbestos waste is to comply with the requirements of clause 29 of the Protection of the Environment Operations (Waste) Regulation 1996. Upon completion of disposal operations, the applicant must lodge with the principal certifying authority, within seven (7) days, all receipts (or certified photocopies) issued by the receiving landfill site as evidence of proper disposal.

Note: The person responsible for disposing of the asbestos material shall consult with the Environment Protection Authority to determine the location of an approved landfill site to receive asbestos material.

Tree Trunk Protection

25. To avoid mechanical injury or damage, tree numbered 1 is to have its trunk protected by 2m lengths of 75mm x 25mm hardwood timbers spaced at 80mm secured with galvanised wire (not fixed or nailed to the tree in any way). Trunk protection is to be installed prior to the issue of a construction certificate and maintained in good condition for the duration of the construction period. Affixing signage to trees located on site or located on the nature strip is not permitted.

Materials

26. The applicant is to ensure that no building materials, stockpiles or fill encroaches upon retained trees for the duration of the works. No underground services (i.e. water, drainage, gas, and sewer) should be laid within 3m of any tree located on the property protected under Council’s Tree Preservation Order.

Contribution

27. The payment of a contribution of $ 18,996.80 for one (1) additional allotment, 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 contribution is based on a rate of $ 18,996.80 per additional allotment and it is to be paid by the end of the 30 December 2008 and prior to the issuing of the subdivision certificate. 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.

Erection of Construction Sign

28. A sign must be erected in a prominent position on any site on which building work, subdivision work or demolition work is being carried out:

a) showing the name, address and telephone number of the principal certifying authority for the work;

b) showing the name of the principal contractor (if any) for any building work and a telephone number on which that person may be contacted outside working hours; and

c) stating that unauthorised entry to the work site is prohibited.

Hours of Construction

29. In order to maintain the amenity of adjoining properties, site works must be restricted to between 7.00 am and 6.00 pm, Monday to Friday and 8.00 am to 1.00 pm Saturday. Site works may extend to 4.00 pm on Saturdays if inaudible on residential properties. No work must be undertaken on Sundays or public holidays. Plant, goods or materials must not be delivered to the site outside the approved hours of site works unless otherwise approved by Council.

ADVISORY NOTES

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

Environmental Planning and Assessment Act, 1979 Requirements

1. The Environmental Planning and Assessment Act, 1979 requires you to:

a) Obtain a construction certificate prior to the commencement of any works. 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:

· Copies of any compliance certificates that are to be relied upon

· 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.

· Hornsby Shire Council’s approval is required for any works within the public road reserve of Oleander Road or Highlands Avenue prior to the issuing of a construction certificate for these works.

Enquiries regarding the issue of a construction certificate can be made to Council’s Customer Service Centre on 4645 4608

b) Nominate a principal certifying authority and notify Council of that appointment prior to the commencement of any works;

c) Give Council at least two days notice prior to the commencement of any works;

d) Have mandatory inspections of nominated stages of the construction inspected;

f) Lodge separate applications under the Local Government Act 1993 and Roads Act 1993 to Council for approval for:-

§ The installation of vehicular footway crossings servicing the proposed lot 2 and the removal of any redundant crossings.

Note: You are advised to contact Council’s Works Division on (02) 9847 6940 to obtain a list of Council’s Authorised Vehicular Crossing contractors.

§ The undertaking of work within a public road (this includes laneways, public pathways, footways).

g) Obtain a construction certificate from Council for approval of the kerb and gutter works (Council is the only authority that can issue such a certificate for its assets). Details are to be submitted by Chartered Professional Civil Engineer of the Institution of Engineers, Australia.

Fire Upgrading

2. Smoke alarms are required in the existing dwelling building in accordance with the Building Code of Australia. A certificate from a licensed electrician certifying that the smoke alarms have been connected to the consumer mains power is to be submitted to Hornsby Council

- END OF CONDITIONS -

Planning Report No. PLN220/08

Date of Meeting: 19/11/2008

2 DEVELOPMENT APPLICATION - CONSTRUCTION OF A NEW MULTI-PURPOSE HALL, OFFICE AND STORE ROOM FOR USE AS A PLACE OF WORSHIP
3 AMOR STREET ASQUITH

Development Application No:	977/2007
Description of Proposal:	Demolition of part of the existing church offices and hall and construction of a new multi-purpose hall, office and store room for use as a place of worship
Property Description:	Lot 1 DP 136101 and Lot 39 DP 12901, No. 3 Amor Street Asquith
Applicant:	Asquith Church of Christ
Owner:	Church of Christ Property Trust
Statutory Provisions:	Hornsby Shire Local Environmental Plan 1994: Special Uses A (Community Purposes) State Environmental Planning Policy No. 64 Advertising and Signage Community Uses Development Control Plan Car Parking Development Control Plan Outdoor Advertising Development Control Plan
Estimated Value:	$997,700
Ward:	A

RECOMMENDATION

THAT Development Application No. 977/2007 for the demolition of part of the existing church offices and hall and construction of a new multi-purpose hall, office and store room for use as a place of worship at Lot 1 DP 136101 and Lot 39 DP 12901, No. 3 Amor Street Asquith be refused for the reasons detailed in Schedule 1 of this report.

EXECUTIVE SUMMARY

1. The application proposes the demolition of part of the existing church offices and hall and construction of a new multi-purpose hall, office and store room for use as a church.

2. The proposal does not comply with the provisions of the Community Uses Development Control Plan and the Car Parking Development Control Plan.

3. No submissions have been received in respect of the application.

4. It is recommended that the application be refused.

HISTORY OF THE SITE

The site has been used as a place of worship for 66 years. During this time a number of extensions comprising a hall, amenities block, offices, and Sunday School building have been constructed.

THE SITE

The site has an area of 1361 sqm and is bounded by Amor Street to the north, Wattle Lane to the east, a Council car park to the south and residential property to the west. The site is characterised by a slight fall from the northern boundary down to the southern boundary.

Existing development on the site comprises:

· The main building along the western boundary, which is divided into a church and a multi-purpose hall. The multi-purpose hall includes a kitchen, stage and a storeroom.

· A small single storey meeting room with a pitched roof along the eastern boundary of the site.

· A small single storey building, which serves as a hall, located along the eastern boundary of the site adjacent to the amenities block.

· A small amenities building along Wattle Lane in the south eastern corner containing toilets.

There is currently no car parking available on the site and the congregation predominantly utilises the Council car park immediately to the south of the site.

The site is surrounded by a variety of land uses and activities including business, civic and residential uses. It is located in close proximity to retail and commercial uses along the Pacific Highway and the Main Northern Railway line.

The development immediately adjoining and opposite the site is detailed below:

· A Council owned car park is located directly south of the site.

· A supermarket is located further south of the car park.

· The Asquith local retail strip is located east of the site, on the opposite side of Wattle Lane.

· A post office, fast food retail outlet and residential dwellings are located north of the site on Amor Street.

· A residential allotment adjoins the church on the western boundary.

THE PROPOSAL

The proposed redevelopment seeks to demolish part of the existing church offices and hall and construct a new multi-purpose hall, office and store room for use as a place of worship.

The development components are summarised as follows:

· Demolition of the existing chapel, which comprises the northern half of the main building along the western boundary. The rear portion, accommodating the multi-purpose hall is to be retained.

· Demolition of the fibro hall and offices/outbuildings adjacent the eastern boundary/ Wattle Lane.

· Construction of a church comprising the following features:

Development Component

Description

Ground Floor

- Worship area with seating for 240 people. (During special events the site may accommodate up to 300 people).

- Raised platform with baptistery

- Two change rooms and storeroom located at the rear of the raised platform.

- Bio box and crying room at the rear of the worship area.

- Office with book display

- Three bathrooms

- Cleaner storage

First Floor

- Two ancillary meeting rooms

- Three ancillary offices

· Installation of an awning along the northern entrance of the church.

· Construction of three storerooms.

· New opening to the foyer from a relocated door and new door to kitchen.

· A new paved forecourt area, with provision for three car parking spaces to cater for people with a disability and for special occasions, such as weddings and funerals.

· Landscaping within the front setback to enhance the appearance of the site and the eastern side setback adjacent to the new courtyard.

· Removal of the chain wire fence and provision of new gates along the eastern boundary and rear of the site.

· Erection of four signs as follows:

Development Component	Description
Sign 1	A freestanding advertisement for the purpose of displaying changeable messages. The sign would be located on the Amor Street frontage and would have an overall height of 3 metres and a width of 2.42 metres. The sign would not be illuminated.
Sign 2	A building identification sign on the northern Amor Street elevation of the building. The sign consists of a logo and 3D lettering containing the words ‘Church of Christ - Asquith’ with dimensions of 4.8 metres (L) x 2.2 metres (H). The sign would not be illuminated.
Sign 3	A building identification sign on the eastern Wattle Lane elevation of the building. The sign consists of a logo and 3D lettering containing the words ‘Church of Christ - Asquith’ with dimensions of 3.8 metres (L) x 1.8 metres (H). The sign would not be illuminated.
Symbol	A Cross would be affixed to the pre-cast concrete panels along the Amor Street elevation.

ASSESSMENT

1. STRATEGIC CONTEXT

1.1 Metropolitan Strategy – (Draft) North Subregional Strategy

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 in so far as providing additional jobs in the locality.

2. STATUTORY CONTROLS

2.1 Hornsby Local Environmental Plan 1994

The subject land is zoned Special Uses A (Community Purposes) under Hornsby Local Environmental Plan 1994 (HSLEP). The objectives of the Special Uses A (Community Purposes) 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 defined as ‘place of worship’ under HSLEP and is permissible in the zone with Council’s consent.

2.2 State Environmental Planning Policy No. 64 Advertising and Signage

SEPP 64 establishes development standards for advertising signs. The Policy aims to:

(a) ensure that signage (including advertising) is compatible with the desired amenity and visual character of the area, provides effective communication in suitable locations and is of a high quality and finish;

(b) regulate signage (but not content) under Part 4 of the Act; and

(c) provide time-limited consents for the display of certain advertisements.

The proposed signage satisfies the requirements of the Policy.

2.3 Community Uses Development Control Plan

The proposed development has been assessed having regard to the relevant performance and prescriptive design requirements within Council’s Community Uses Development Control Plan (Community Uses DCP). The following table sets out the proposal’s compliance with the prescriptive measures of the Plan:

Community Uses Development Control Plan
Control	Proposal	Requirement	Compliance
FSR	0.64:1	0.4:1	No
Height	7 metres	9 metres	Yes
No. of Storeys	2 storeys	2 storeys	Yes
Site coverage	58%	40%	No
Car parking	3 spaces	48	No
Setbacks - Front - Side (Wattle Lane) - Side - Rear	5.5 - 16 metres 1.9 metre 1 metre unchanged	6 metres 1 metre 1 metre 3 metres	Yes Yes Yes Yes
Landscaping	24%	45%	No

As detailed in the above table, the proposed development does not comply with a number of prescriptive measures within Council’s Community Uses DCP. The matters of non-compliance are detailed below, as well as a brief discussion on compliance with relevant performance criteria.

2.3.1 Floor Space Ratio

Under the DCP, the floor space ratio of development should not exceed 0.4:1 in the Special Uses A zone. Existing development on the site complies with the FSR provisions. However, the proposed development increases the FSR to 0.64:1 which does not comply with the prescriptive measure of 0.4:1.

The objectives of the Density element of the Community Uses DCP states:

‘To control the density and scale of development to ensure compatibility with the density and scale of the surrounding area.’

The applicant states that the proposed development is consistent with the objectives of the density provisions of the DCP, as the building would be compatible with the surrounding development being a development which is less in scale than the adjoining shops and of a similar scale to 2 storey residential development with a garden area fronting Amor Street.

The departure from the development standard for FSR is not supported as the proposal represents an overdevelopment of the site and exacerbates the proposals non-compliance with the site coverage, car parking and landscaping provisions of the DCP.

2.3.2 Site Cover

Under the DCP, site coverage should not exceed 40% of the site area. The performance criteria states that site coverage should allow adequate areas for access, car parking, landscaping and useable outdoor recreation. Furthermore, the area of the site covered by impervious surfaces (including roofed areas, paving, driveways etc) should be minimised to reduce stormwater runoff from the site.

The proposed development does not allow for adequate car parking and landscaping of the site and accordingly, the non-compliance with the site coverage prescriptive measure is not supported.

2.3.3
Car Parking

Under the DCP, the proposed development would require 48 car spaces. The proposal includes 3 spaces. The application has been supported by a Traffic and Parking Report. An assessment of the parking provisions for the proposal assumes the church will utilise the existing Council carpark at the rear of the site as well as parking in surrounding streets. The report concludes that the typical weekly parking demand created by the redeveloped church would be 23 spaces more than the current demand and that the Council car park has adequate spare capacity to cater for the extra needs of the Church.

The submitted Traffic and Parking Report does not consider that the existing shopping strip at Asquith has historically utilised the Council carpark for parking and that the availability of parking within the carpark is a result of the vacancy rate within the Shopping Centre. In 2004, Council implemented a revised Masterplan for the commercial centre and HSLEP (Amendment No. 83) was gazetted significantly increasing the floor space potential of properties within the commercial centre.

The increased use of the Council car park for church parking has the potential to restrict the availability of parking for other uses within the Centre and may detrimentally impact on the economic viability of any future revitalisation of the shopping centre. If business activity in the area was to improve and lead to a reduction in the number of vacant premises, the parking demand would outstrip supply. The flow on effect would be an increase in on-street parking within Amor Street and Lords Avenue which would detrimentally impact on the amenity of the surrounding residential area.

Furthermore, a search of Council records indicated that Council acquired the land to provide a free parking area in Wattle Street and resolved to set aside this area for the convenience of shoppers. Accordingly, a departure from the prescriptive measures for carparking is not supported.

2.3.4 Landscaping

The objective of the Landscaping element of the Community Uses DCP is to provide attractive landscapes which reinforce the function of a street, enhance the amenity of buildings and to preserve significant stands of trees or natural vegetation. The proposed landscaping involves 24% of the site and does not comply with the prescriptive measure of 45%. The application includes a landscape plan which addresses the streetscape of Amor Street and Wattle Lane. However, the proposal does not enhance the amenity of the adjoining residential property to the west.

Whilst it is acknowledged that the shortfall in landscaping would not be significant as to warrant refusal of the application in itself, a departure from the prescriptive measure is not considered acceptable in this instance as the development exceeds Council’s minimum development standards in a number of areas, (i.e. floor space ratio, site coverage and car parking) and, on balance, the development outcome would not be reasonable.

2.3.5 Acoustics

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 and could be reasonably managed onsite.

Notwithstanding the above, the proposed development has been designed to minimise potential acoustic impacts on the adjoining and surrounding residential properties. The platform of the church is located towards the western boundary and directed inward. The storeroom, change rooms and access way provide an additional buffer between the church activities and the adjoining residential property and the location of the store rooms along the western boundary of the multi-purpose hall would act as a buffer between the activities in the hall and the residential property to the west. Furthermore, there are no windows within the main worship area, which minimises the opportunity for acoustic impacts.

2.5.6 Solar Access

The application includes shadow diagrams which demonstrate compliance with Council’s requirements for developments maintaining a minimum of 4 hours of sunshine to the open space areas of adjoining residential properties, in accordance with the Community Uses DCP solar access requirement.

2.5.7 Crime Prevention

The proposed development has been designed to minimise crime in accordance with Crime Prevention Through Environmental Design (CPTED) principles by way of clear sightlines, windows that overlook the streetscape and pedestrian access and clearly defined building entry and access.

The proposal complies with the Community Uses DCP crime prevention element objective.

2.6 Car Parking Development Control Plan

The primary purpose of this DCP is to provide parking controls for the development.

The deficiency in the provision of car parking for the proposed development has previously been addressed in Section 2.3.3 of this report.

2.7 Access and Mobility Development Control Plan

The primary purpose of this DCP is to assist proponents and Council in ensuring the requirements for equality of access in the Anti Discrimination Act 1977 are satisfied when building work is proposed.

The applicant submitted an Access Report prepared by ‘E Armstrong’. The development is designed to provide suitable access for people with disabilities. Council’s assessment of the access and mobility impacts of the development notes that wheelchair access is not available to the mezzanine level which is proposed to be used as church offices. However, there are other offices at ground level. It is recommended that should the application be approved, a condition be imposed that no activities be planned for the mezzanine level that are not duplicated on the ground level. This would not be an ideal outcome, however, acceptable in the circumstances of the case.

2.8 Outdoor Advertising Development Control Plan

The primary purpose of the Plan is to control the visual impact of advertisements and advertising structures on the environment and to provide adequate opportunities for the community to advertise their goods and/or services.

The proposed development has been assessed having regard to the relevant performance and prescriptive design requirements within Council’s Outdoor Advertising Development Control Plan Development Control Plan (Outdoor Advertising DCP). The following table sets out the proposal’s compliance with the prescriptive measures of the Plan:

Outdoor Advertising Development Control Plan
Control	Proposal	Requirement	Compliance
Sign 1 Area (advertising panel)	2.9 sqm	4 sqm	Yes
Sign 2 Area (wall sign)	4 sqm	4 sqm	Yes
Sign 3 Area (wall sign)	3.2 sqm	4 sqm	Yes
No. of Signs	3	3	Yes

2.9 Waste Minimisation and Management Development Control Plan

The primary purpose of this Development Control Plan is to provide planning strategies and controls to promote waste minimisation and management. The applicant has submitted a waste management plan in accordance with the requirements of the DCP.

The waste generated by the operation of the proposed development would be collected by commercial waste contractor at the street frontage. If Council was minded to grant approval to the development, it is recommended that conditions of consent relating to disposal of waste be imposed to ensure the proposed development is consistent with the objectives of the Plan.

2.10 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.

If Council was minded to grant approval, conditions of consent would be required in relation to erosion and sediment control and stormwater management.

3. ENVIRONMENTAL IMPACTS

3.1 Natural Environment

There is no known hazard/risk associated with the site with respect to bushfire, landslip, subsidence and flooding that would preclude approval of the proposed development.

There are no trees or significant vegetation located on the site.

3.2 Built Environment

The built environment would not be adversely affected by the proposed development.

3.3 Social Impacts

The development would make a positive social contribution to the local community by providing a modern place of worship with expanded facilities to service the needs of the Church community.

3.4 Economic Impacts

The economic impact of the proposed development on the locality is considered minimal. However, the loss of available parking within the Council car park may have a detrimental impact on the economic viability of commercial premises within the Asquith shopping centre because there is insufficient parking for the future needs of the adjoining land uses.

4. SITE SUITABILITY

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

The site is currently used as a place of worship and subject to the provision of adequate parking for the intensification of the use; the site would be suitable for the proposed development.

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 23 July 2007 and 23 August 2007 in accordance with Council’s Notification and Exhibition Development Control Plan. During this period, Council received no submissions.

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.

As indicated in Section 3.3 above, the proposed development would provide the public with a modern place of worship with expanded facilities. However, the application does not satisfactorily address Council’s planning policies, specifically in relation to a significant shortfall in the provision of car parking onsite. This would be to the detriment of other uses and visitors to the Asquith Commercial Centre. Therefore, the proposal would not provide a development outcome that, on balance, would result in a positive impact for the community. Accordingly, it is considered that the approval of the proposed development would not be in the public interest.

7. CONCLUSION

The application proposes the demolition of part of the existing church offices and hall and construction of a new multi-purpose hall, office and store room for use as a place of worship.

The proposal does not comply with Council’s Community Uses Development Control Plan with respect to the density landscaping and car parking requirements and the Car Parking Development Control Plan with respect to vehicle parking requirements.

The proposed development would require 48 car spaces and the proposals includes the provision of 3 car spaces. The submitted Traffic and Parking Report assumes the church will utilise the existing Council carpark at the rear of the site as well as parking in surrounding streets.

The assessment of the traffic and parking impacts of the development has not considered that the existing shopping strip at Asquith has historically utilised the Council carpark for parking and that the high availability of parking within the carpark is a result of the vacancy rate within the shopping centre. The loss of available parking within the Council car park would have a detrimental impact on the economic viability of commercial premises within the Asquith shopping centre.

Accordingly, the proposal is recommended for refusal.

Rod Pickles

Manager - Assessment Team 2

Planning Division

Scott Phillips

Executive Manager

Planning Division

Attachments:

1.View	Locality Plan
2.View	Landscape Plan
3.View	Site Plan
4.View	Floor Plans
5.View	Elevations and Sections
6.View	Signage Details
7.View	Fence Plan

File Reference: DA/977/2007

Document Number: D01030913

SCHEDULE 1

REASONS FOR REFUSAL

1. The proposal is unsatisfactory in respect to the provisions of Section 79C(1)(a) of the Environmental Planning and Assessment Act, 1979, as the proposal does not comply with the requirements of the Community Uses Development Control Plan, in particular, the element controls for density, landscaping and carparking.

2. The proposal is unsatisfactory in respect to the provisions of Section 79C(1)(a) of the Environmental Planning and Assessment Act, 1979, as the proposal does not comply with the requirements of the Car Parking Development Control Plan, in particular, the element control for parking provision, which requires a minimum of 48 car parking spaces.

3. Pursuant to the provisions of Section 79C (1) (e) of the Environmental Planning and Assessment Act 1979, the adverse impacts on the proposed development on the amenity of the adjoining properties is not in the public interest.

- END OF REASONS FOR REFUSAL -

Planning Report No. PLN221/08

Date of Meeting: 19/11/2008

3 DEVELOPMENT APPLICATION - INDUSTRIAL DEVELOPMENT COMPRISING 21 WAREHOUSE UNITS, SIGNAGE, STRATA SUBDIVISION AND FIRST USE
8 - 20 MUNDOWI ROAD MOUNT KURING-GAI

Development Application No:	600/2008
Description of Proposal:	Industrial development comprising 21 warehouse units, signage, strata subdivision and first use
Property Description:	Lots 57, 58 and 1071 DP 752053 (Nos. 8 – 20) Mundowi Road, Mount Kuring-gai
Applicant:	Gelder
Owner:	TKB Development Private Limited
Statutory Provisions:	Hornsby Shire Local Environmental Plan (HSLEP) 1994 Industrial Lands B (Light) Zone
Estimated Value:	$ 2.39 million
Ward:	A

RECOMMENDATION

THAT Development Application No. 600/2008 for an industrial development comprising 21

warehouse units, signage, strata subdivision and first use at Lots 57, 58 and 1071 DP 752053 Nos. 8 – 20 Mundowi Road, Mount Kuring-gai be approved subject to the conditions of consent detailed in Schedule 1 of this report.

EXECUTIVE SUMMARY

1. The application proposes the erection of an industrial development comprising 21 warehouses with associated parking, signage and strata subdivision on vacant land.

3. The proposal complies with the provisions of HSLEP 1994 and the Industrial Lands Development Control Plan.

4. No submissions have been received in respect of the application.

5. It is recommended that the application be approved.

HISTORY OF THE SITE

On 19 September 2007 Council refused DA/1887/2006 for the Community Title subdivision of 3 allotments into 12 industrial allotments and one (1) road allotment at Nos. 8 – 20 Mundowi Road.

A Class 1 appeal was lodged at the Land and Environment Court and was upheld on 23 October 2007, subject to conditions. The subject site is to be created as a result of that subdivision. However, the allotment has not yet been registered with the Land Titles Office.

The site is currently cleared and vacant and has been used in the past as a site for charity events/concerts known as the ‘Mundowi Music Festival’.

THE SITE

The site comprises proposed lot 2 of the subdivided allotments within Nos. 8 – 20 Mundowi Road with an area of 3758 sqm. The property is cleared and generally level in accordance with the conditions of DA/1887/2006 with a 10% cross fall from the south eastern corner to the north western corner. The building platform has been delineated on site.

The allotment is located on the south-eastern corner of the site and has vehicular access from Mundowi Road and the newly constructed internal road (Woodland Way). There is a minor scattering of existing trees along the south-eastern and south-western boundaries.

The site adjoins a vacant allotment to the north-west and industrial developments to the south of Mundowi Road. The adjoining allotment to the north-east accommodates undisturbed bushland (land identified as Environment Protection area). A catch drain is located along this boundary of the site.

THE PROPOSAL

The proposal involves the erection of a building comprising three levels of industrial warehouses with strata subdivision. The details of the proposal are described below:

Warehouse	Gross Industrial Floor Area	Office Component	Loading bay	Proposed use
Unit 1	103.2 m²	61 m² = 32%	21 m²	Warehousing, repackaging and distribution of plant equipment
Unit 2	85.8 m²	44.7 m²= 34%	21 m²	Warehousing, repackaging and distribution of sewing equipment
Unit 3	129.8 m²	70 m²= 35%	21 m²	Warehousing, repackaging and distribution of computer equipment
Unit 5	247.78 m²	74 m² = 20%	21 m²	Warehousing, repackaging and distribution of electronic goods
Unit 6	87.19 m²	42.17 m² = 32%	21 m²	Warehousing, repackaging and distribution of computer equipment
Unit 7	87.19 m²	42.5 m² = 41%	21 m²	Warehousing, repackaging and distribution of electronic goods
Unit 8	89.1 m²	42.6 m²= 32%	21 m²	Warehousing, repackaging and distribution of office supplies
Unit 9	174.9 m²	No office proposed	21 m²	Warehousing, repackaging and distribution of hardware
Unit 10	155.11 m²	No office proposed	21 m²	Warehousing, repackaging and distribution of electronic goods
Unit 11	137.9 m²	No office proposed	21 m²	Warehousing, repackaging and distribution of office supplies
Unit 12	148.23 m²	No office proposed	21 m²	Warehousing, repackaging and distribution of electronic goods
Unit 13	200.8 m²	48 m²= 17.8%	21 m²	Warehousing, repackaging and distribution of electronic goods
Unit 14	188.4 m²	45 m² = 17%	21 m²	Warehousing, repackaging and distribution of office equipment
Unit 15	188.4 m²	45 m²= 17%	21 m²	Warehousing, repackaging and distribution of radio equipment
Unit 16	188.4 m²	45 m²= 17%	21 m²	Warehousing, repackaging and distribution of tools and equipment
Unit 17	197.66 m²	45 m²= 17%	21 m²	Warehousing, repackaging and distribution of medical equipment
Unit 18	94.4 m²	No office proposed	21 m²	Warehousing, repackaging and distribution of timber shades
Unit 19	89.24 m²	No office proposed	21 m²	Warehousing, repackaging and distribution of paper products
Unit 20	89.24 m²	No office proposed	21 m²	Warehousing, repackaging and distribution of homeware
Unit 21	89.24 m²	No office proposed	21 m²	Warehousing, repackaging and distribution of electronic equipment
Unit 22	91 m²	No office proposed	21 m²	Warehousing, repackaging and distribution of electronic good.
Total area proposed	2862.97 m²	604.97 m²	441 m²
Corridors	61 m²
Gross floor area	3528 m²
FSR	0.93:1

Access to the lower ground floor of the industrial building is proposed via the internal access road. Units 13 - 22 are proposed on the north-western and the south-eastern sides with parking provided in between and at the rear. Landscaping would be provided at the front and rear. Individual loading bays are provided with each unit. The lower ground level has been designed to accommodate heavy rigid vehicles.

Units 13 – 17 are proposed in two levels. The upper levels of these units are located on the ground floor with access from the lower ground floor via internal stairs and separate access at the ground level being provided via a corridor. The upper level of these units would accommodate repackaging areas and storage for the lighter components of the warehouse, in addition to the office area. A common loading dock is included at the ground level to provide direct loading/unloading facilities. Units 9 – 12 are proposed to be located on the ground floor with individual loading bays and direct access from Mundowi Road. Car parking is located at the ground level within the setback fronting Mundowi Road and screened by proposed landscaping.

The first floor of the industrial building would comprise of Units 1 – 3 & 5 - 8 (Unit 4 was deleted in amended plans submitted to Council) and the ancillary office spaces located on mezzanine levels. The first floor would include at grade car parking and loading bays being accessed by a ramp off Mundowi Road.

The proposed development includes 60 car spaces located in three levels including accessible spaces. The office areas at the ground floor level include balconies proposed to be used as employee outdoor eating areas in addition to the landscaped areas. The development does not involve any cut and fill in addition to that approved pursuant to DA/1887/2006. The proposed building generally follows the approved building platform.

The proposal includes 6 wall signs, each with an area of 4 sqm, fronting Mundowi Road and the internal road on the lower ground and ground levels.

The proposed uses are primarily for warehouse and distribution centres with no manufacturing being included. The first uses would involve storage of products and repackaging prior to distribution. The applicant indicates that the proposed number of staff within the industrial complex would be a maximum of 57.

The operating hours of the premises would be 7:00am to 6:00pm Monday to Friday and 8:00am to 4:00pm Saturday. No works are proposed to be undertaken on Sunday or public holidays.

ASSESSMENT

1. STRATEGIC CONTEXT

1.1 Metropolitan Strategy – (Draft) North Subregional Strategy

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 57 jobs (applicant’s estimate) in the locality and a variety of employment opportunities.

2. STATUTORY CONTROLS

2.1 Hornsby Local Environmental Plan 1994

The subject land is zoned Industrial B (Light) zone under Hornsby Shire Local Environmental Plan 1994 (HSLEP). The objectives of the zone are:

(a) to encourage economic growth and employment opportunities.

(b) to allow a broad range of light industrial, warehousing and other compatible land uses to locate within the area.

(c) To promote development that does not adversely impact upon the natural and built environment.

The proposed uses are defined as ‘Warehouse and distribution centres’ and ‘Subdivision’ under HSLEP 1994 and are permissible in the zone with Council’s consent.

The proposed development encourages economic growth and employment opportunities, provides a compatible land use in the area and has been sited and designed to minimise further site disturbance to preserve the existing environment. The development complies with the zone objectives.

Clause 15 of HSLEP 1994 prescribes that the maximum floor space ratio (FSR) of development within the zone is 1:1. The applicant addresses this requirement by proposing a FSR of 0.93:1

2.2 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 application relates to a recently subdivided vacant land. The site was rezoned for industrial purposes in the 1970s and was used as the grounds for a music festival historically. The site is unlikely to be affected by contamination and the application is assessed as satisfactory against the provisions of SEPP 55.

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

The application has been assessed against the requirements of Sydney Regional Environmental Plan No. 20. This Policy provides general planning considerations and strategies requiring Council to consider the impacts of this proposal on water and scenic quality, aquaculture, recreation and tourism.

2.3.1 Water Quality

The applicant addresses this requirement by providing a Gross Pollutant Trap (GPT) in accordance with the requirements of DA/1887/2006. Council’s assessment of the GPT location is considered satisfactory and would improve the water quality on site.

Further, the proposal does not involve any light industrial use that would have detrimental impact on the water quality of the site and the surrounding properties.

2.3.2 Water Quantity

The proposed development includes an on-site detention system for stormwater management and the proposed building envelope does not encroach into the existing catch drain located along the north-eastern boundary. An engineering assessment of the proposed stormwater management system on site is considered satisfactory.

The proposal would not result in a significant increase in stormwater runoff on site.

2.4 Industrial Lands Development Control Plan

The proposed development has been assessed having regard to the relevant performance and prescriptive design requirements within Council’s Industrial Lands DCP. The following table sets out the proposal’s compliance with the prescriptive measures of the Plan:

Industrial Lands Development Control Plan
Control	Proposal	Requirement	Compliance
FSR	0.93:1	1:1	Yes
Height	3 storeys	3 storeys	Yes
Car parking	60 spaces	52 spaces	Yes
Site cover	50%	50%	Yes
Setbacks Front(Mundowi Road) Side (Woodland Way) Side (South-eat) Rear	10.4m 10m 9m 30	10m 10m 10m 0m	Yes Yes No Yes
Landscaping	549 m²	Minimum 10 m² and @1 m²/employee	Yes
Signs	30 m²	27.75 m² @ 0.25 m²/linear metre of the road	No

As detailed in the above table, the proposed development does not comply with a number of prescriptive measures within Council’s Industrial Lands DCP. The matters of non-compliance are detailed below, as well as a brief discussion on compliance with relevant performance criteria.

2.4.1 Site Cover

The proposed development complies with the site coverage requirements of the Industrial Lands DCP. It is considered that the proposal is in keeping with the intensity of development of the surrounding industrial developments.

2.4.2 Design

The building design follows the natural slope of the land and involves a lower ground floor which reduces the overall bulk of the building. The appearance of the building from Mundowi Road would be that of a two storey development and is considered acceptable. The development would not dominate the existing streetscape in terms of its bulk and scale. The building includes a well articulated façade treatment and provides landscaping opportunities in three levels for screening of the proposed car park areas in accordance with the requirements of the DCP.

The proposed development would not result in overshadowing or have adverse amenity impacts on any future development on the adjoining south-eastern property, given that the design and scale are satisfactory.

2.4.3 Setbacks

The proposal results in minor non-compliance with the side setback on the south-eastern side. However, the non-compliance is minor and the proposal does include a reasonable setback from the boundary with landscaping and car parking being provided as a buffer.

The proposed development complies with the setback requirements from the other boundaries and is considered acceptable in this regard.

2.4.4 Landscaping

The Industrial Lands DCP requires that a minimum of 10 sqm landscaping be provided with employee outdoor eating and seating area @ 1 sqm per employee. The proposal includes landscaping opportunities along the boundary setbacks and provides outdoor eating and seating areas at all levels. The development also proposes to utilise the balconies adjoining the office area for employee recreation area in future. This is considered satisfactory as the areas are directly accessible from the office components and would be convenient for the future users. The development is considered acceptable with regard to landscaping.

2.4.5 Car Parking

The development proposes car parking on three levels with separate access provided to each level. The parking area includes accessible car spaces. The proposed number of car spaces complies with the Industrial Lands DCP.

Loading bays are provided for individual units, being directly accessible from the driveway. One common loading bay is provided for the ground floor components of units 13-17. As these units have their separate loading bays also at the lower ground level, the proposed facility on the ground floor is considered satisfactory. The engineering assessment of the proposal is also considered satisfactory in this regard.

Due to the constraints of the site, a number of car spaces are located within the front setback. However, the car parking area would be screened to a considerable extent due to existing trees and proposed landscaping. This is not detrimental to the design of the development.

2.4.6 Signs

The development proposes four wall signs fronting Mundowi Road and the internal access road. The total area of signage proposed has minor numerical non-compliance with the requirements of the DCP and would not have a detrimental impact on the streetscape. The non-compliance with regard to the above is considered acceptable.

The signs would be for business identification and would blend with the proposed elevations. No further signage is proposed in conjunction with the current application. Any further signage would require further approval of Council under separate development applications. This is recommended in a condition of consent.

2.4.7 Waste Management

It is proposed that each unit would have individual bins. The applicant intends that bins be serviced from each individual unit. The proposal enables the waste collection vehicles to manoeuvre appropriately within the site and be parked adjacent to the loading bays for picking up the bins in each of the three levels. The proposal is assessed as satisfactory in this regard.

2.4.8 Acoustics

The proposed first uses of the industrial units are primarily for warehouse and distribution centres. No heavy noise generating machinery would be installed in any of the units and therefore, the proposed uses would not generate unreasonable noise. The development is acceptable with regard to acoustics.

2.5 Car Parking Development Control Plan

The proposal has been assessed having regard to the relevant performance and prescriptive design requirements within Council’s Car Parking Development Control Plan. The DCP requires that parking be provided @ 1 per 100 sqm of Gross Leasable Floor Area (GLFA) for industrial use and 1 per 40 sqm for the office component, should it exceed 20 % of the Gross Floor Area (GFA) of the unit. The proposal complies with this requirement and provides 60 spaces servicing the development.

The compliance of the proposal with the relevant performance criteria is discussed in Section 2.4 of this report.

2.6 Access and Mobility Development Control Plan

The proposal has been assessed having regard to the relevant performance and prescriptive design requirements within Council’s Access and Mobility Development Control Plan.

A condition is recommended for the applicant to submit an Access Report prepared by an accredited Access Consultant and complying with Council’s Access and Mobility Development Control Plan, Australian Standard 1428 Parts 1 and 4 and the Building Code of Australia prior to the issue of any Construction Certificate.

2.7 Outdoor Advertising Development Control Plan

The proposed signs are assessed against the requirements of the Outdoor Advertising DCP.

The development proposes four wall signs, each sign not exceeding 4 sqm and complies with the requirements of the DCP. The compliance of the proposal with the total signage area proposed is discussed in Section 2.4 of this report.

2.8 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 the DCP.

2.9 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. (Refer to discussion under SREP No. 20 above.)

3. ENVIRONMENTAL IMPACTS

3.1 Natural Environment

3.1.1 Trees

The industrial building is proposed to be located on a vacant allotment. The majority of the site has been cleared pursuant to conditions of DA/1887/2006. The existing trees are located primarily near the boundary fronting Mundowi Road and the north-eastern boundary. The application does not include removal of any significant tree on site.

Council’s assessment of the proposal included a detailed examination of the existing trees on site and is considered satisfactory. In order to replace the trees proposed to be removed and maintain a canopy cover on site, a condition is recommended to plant a minimum of ten (10) medium to large trees such as Sydney Red Gum, Grey Gum, Scribbly Gum and Banksia species.

It is considered that the removal of the trees is acceptable in this case.

3.1.2 Environment

The application includes Environmental Management Plans (EMP) for the proposed uses to estimate the impact of the industrial uses on the environment. The submitted EMPs are assessed as satisfactory. The proposal would not have any impact on the undisturbed bushland of the adjoining allotment and is acceptable with regard the impact on the natural environment.

3.2 Built Environment

3.2.1 Streetscape

The proposal would be located on a corner allotment with frontage to Mundowi Road and the internal accessway to the community title allotments, of which the site forms a part. As discussed in Section 2.4 of this report, the development would present a well articulated built form to the streetscape and have a two storey appearance when viewed from Mundowi Road. The character of the building blends with the industrial character of the area and would have a positive impact on the built environment.

3.2.2 Views

The proposed development is not located on a ridge directly visible from the Berowra Heights or Mount Colah residential areas. The development would not have a negative impact on the residential or other sensitive areas due to its location.

3.2.3 Traffic

The development would generate an acceptable level of traffic having regard to the road network and provides for sufficient off-street car spaces within the site. The submitted plans demonstrate compliance with the ramp grades in accordance with the relevant Australian Standards. The ground level warehouses would require access by medium rigid vehicles only due to the nature of the uses. Swept path analyses on the amended plans indicates that a medium rigid vehicle can enter and exit the site in a forward direction. The lower ground level provides access to the heavy rigid vehicles and includes appropriate manoeuvring facilities.

Council’s engineering assessment of the traffic impacts of the development concludes that the proposal is satisfactory with regard to traffic generation, car parking, ramp gradients and turning area for the vehicles within the site subject to conditions.

3.3 Social Impacts

The social impacts of the development on the local and broader community have been considered with specific reference to the potential employment generation within the complex. It is estimated that the development would generate a minimum of 57 equivalent full time positions post construction. This is consistent with the North Subregion (Draft) Subregional Strategy that provides a target of 9,000 jobs within the Hornsby LGA by 2031.

As the site is currently vacant, the land is not presently yielding any employment. There would also be a number of multiplier effects that the development would provide throughout the local and regional economies. These multiplier effects would result from the sourcing of goods and services from suppliers to businesses within the complex as well as the increased consumption generated by the increase of employment in the area. The complex is likely to provide employment opportunities to younger age groups, which typically have higher unemployment rates within the region.

3.4 Economic Impacts

The proposed development would result in a notable increase in the total industrial floor space within the Mount Kuring-gai Industrial Estate. As discussed above, the development would result in employment generation and therefore result in a positive economic impact on the locality.

4. SITE SUITABILITY

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

4.1 Bushfire Risk

The proposal is identified as being on bushfire prone land. The applicant has submitted a Bushfire Hazard Assessment Report regarding provisions of Asset Protection Zones on site. (Refer to discussion in Section 5.2 of this report).

5. PUBLIC PARTICIPATION

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

5.1 Community Consultation

The proposed development was placed on public exhibition and was notified to adjoining and nearby landowners between 29 May 2008 and 27 June 2008 in accordance with Council’s Notification and Exhibition Development Control Plan. During this period, Council did not receive any submissions.

5.2 Public Agencies

The application was referred to the following Agency for comment:

5.2.1 Rural Fire Service

The development application constitutes Integrated Development pursuant to the Rural Fires Act 1997 and was referred to Rural Fire Services for comments. The RFS has raised no objection to the development subject to recommended conditions being imposed regarding asset protection zones and design standards for construction.

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 industrial development would be in the public interest.

7. CONCLUSION

The application proposes the erection of an industrial development comprising 21 units, associated car parking, landscaping, and signage, first use of the proposed units and strata subdivision.

This application has been assessed having regard to the matters for consideration under Section 79C(1) of the Act, Hornsby Shire Local Environmental Plan, relevant State Environmental Planning Policies, Sydney Regional Environmental Plan No. 20 and relevant Development Control Plans. The proposal complies with the objectives of the elements within the Industrial Lands DCP and would result in a positive social and economic impact on the locality.

The design provides for variable building setbacks to the front and side property boundaries, a well articulated building façade 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.

The proposed uses comply with the definition of ‘warehouse and distribution centres’ and would not have an unreasonable impact on the existing environment with regard to noise, air or water quality as no manufacturing is included.

Approval of the application is recommended.

Rod Pickles

Manager - Assessment Team 2

Planning Division

Scott Phillips

Executive Manager

Planning Division

Attachments:

1.View	Locality Plan
2.View	Site Plan
3.View	Floor Plans
4.View	Elevations and Sections
5.	Perspectives
6.	Landscape Plan

File Reference: DA/600/2008

Document Number: D01031865

SCHEDULE 1

PART 1 – DEFERRED COMMENCEMENT

THE CONSENT SHALL NOT BECOME EFFECTIVE OR OPERATIVE UNTIL THE INFORMATION SPECIFIED IN PART 1 HAS BEEN SUBMITTED TO THE SATISFACTION OF COUNCIL.

A. Documentary evidence of registration of the subdivision of No. 8-20 Mundowi Road and the registration of the allotment.

PART 2

UPON NOTICE OF COUNCIL’S WRITTEN SATISFACTION THAT THE DEFERRED COMMENCEMENT CONDITION IN PART 1 HAS BEEN ENACTED THIS CONSENT SHALL OPERATE IN ACCORDANCE WITH THE FOLLOWING CONDITIONS

GENERAL CONDITION APPLICABLE 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:

*Plan No.*	*Drawn by*	*Dated*
Ground Plan DA03-K	Gelder	2/10/2008
Sediment and Erosion Control Plan DA03-H	Gelder	2/10/2008
Site Plan DA01-H	Gelder	16/07/2008
Lower Ground Floor plan DA02-H	Gelder	16/07/2008
Ground Floor plan DA03-H	Gelder	16/07/2008
First Floor plan DA04-H	Gelder	16/07/2008
Mezzanine Floor Plan DA05-H	Gelder	16/07/2008
Roof plan DA06-H	Gelder	16/07/2008
Elevations DA07-H	Gelder	16/07/2008
Elevations DA08-H	Gelder	16/07/2008
Sections DA09-H	Gelder	16/07/2008
Perspectives DA10-H	Gelder	16/07/2008
Landscape Plan DA11-B	Gelder	9/05/2008
Stormwater details –S08062 St 1/2	Neilly Davies	2/10/2008
Stormwater details –S08062 St 2/2	Neilly Davies	16/07/2008

*Documents*	*1. Drawn by*	*2. Date*
Soil and Water management Statement	ATR Projects	2/10/2008
Environmental Management Plan	Gelder	4/06/2008
Schedule of Finishes	ATR Projects	12/05/2008
Statement of Environmental Effects	Gelder	12/05/2008

PRIOR TO THE RELEASE OF THE CONSTRUCTION CERTIFICATE

Access Report

2. An Access Report prepared by an accredited Access Consultant and complying with Council’s Access and Mobility Development Control Plan, Australian Standard 1428 Parts 1 and 4 and the Building Code of Australia shall be submitted to Council.

Road Works

3. Construction at the property boundary, including fences and driveways, must not be carried out until footpath levels have been determined by Hornsby Council. The footpath levels must be obtained from Council.

4. A Traffic Control Plan (TCP), prepared by a qualified work site traffic controller, is to be submitted with any construction certificate, demonstrating compliance with the Road & Traffic Authority’s Traffic Control At Worksites Manual, 1998, and detailing:-

· Public notification of proposed works.

· Long term signage arrangement.

· Short term (during actual works) signage.

· Vehicle Movement Plans, where applicable.

· Traffic Management Plans.

5. A certificate from a chartered civil engineer must be obtained verifying that the structures associated with the on‑site detention system have been designed to withstand all loads likely to be imposed on them during their lifetime.

6. The planting schedule within the Landscaping Plan prepared by Gelder Architects shall be amended to include Angophora hispida and replace Banksia integrifolia with locally occuring Banksia serrata.

Design and Construction

7. The proposed buildings are required to improve ember protection from bushfires by incorporating the following:

· Screen all openings (excluding roof tile spaces) with non combustible screening (bronze or corrosion resistant steel) with a maximum aperture size of 2.00 mm. Screens shall be placed over the openable part of the window.

· Vents and weepholes shall be screened with corrosive resistant steel with an aperture not greater than 2.0 mm.

· External doors are to be sealed with draft excluders to prevent the entry of embers.

· The sub-floor shall be enclosed with either corrosion resistant steel mesh with an aperture size of 2.0 mm or non-combustible material, to prevent the entry of embers.

· Roller doors, tilt-a-doors and the like shall be sealed to prevent the entry of embers into the building.

The details of the above requirements are to be indicated in the construction certificate plans.

Sydney Water – Quick Check

8. The application must be submitted to a Sydney Water ‘Quick Check Agent’ or ‘Customer Centre’ for approval to determine whether the development will affect any Sydney Water infrastructure and whether further requirements are required to be met.

Note: Refer to www.sydneywater.com.au or telephone 13 20 92 for assistance.

At the commencement of site works

Building Code of Australia

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

10. In order to protect the proposed development from flood inundation, access from the Community Road (Woodland Way) shall be constructed in the following manner:

a) The boundary of the subject site at the access driveway must be graded up by 4 per cent from the existing top of kerb; which is 120 mm higher the existing top of kerb level in community road fronting the driveway.

b) A lay back shall be provided.

11. The commercial vehicular crossings shall be designed and constructed in accordance with Council’s Civil Works - Design and Construction Specification 2005.

Parking and Loading Area

12. The designed and construction of commercial vehicular crossings to facilitate turning movement for Medium Rigid Vehicles shall be in accordance with AS 2890.2 and Council’s Civil Works - Design and Construction Specification 2005.

Drainage

13. Stormwater drainage from the site shall be designed 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.

b) Provide for drainage discharge to the existing drainage system.

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.

14. The drainage system is to be constructed with an on-site-detention system, having a capacity of not less than 25 m³and a maximum discharge, when full, of 30 l/s. The system shall be designed by a chartered professional civil engineer to the following requirements:

a) A surcharge/inspection grate is to be located directly above the outlet.

b) 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.

c) 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.

15. All stormwater runoff generated from this development site shall be collected and connected to the Gross pollutant device (GPT). The GPT shall discharge the treated stormwater runoff into the On Site Detention system.

16. Any catch drain at the rear of the site shall not be altered in order to prevent flood inundation from the adjacent rear property.

17. The applicant is to ensure that no building materials, stockpiles or fill encroaches upon adjacent bushland or retained trees for the duration of the works.

18. Prior to commencement of works, a temporary protection fence (i.e. start picket and wire fence or highly visible plastic mesh barrier fence) shall be installed along the edge of the north eastern boundary of the site in order to delineate the development from adjacent bushland. The fence is to be adequately maintained throughout the duration of on-site works.

19. All landscape works shall meet the minimum construction standards identified in the Hornsby Shire Council Landscape Code.

20. 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.

21. Disturbed areas shall be rehabilitated and treated by approved methods of erosion mitigation such as mulching with preferably indigenous plant species or other suitable approved stabilising processes within fifteen days of the completion of works.

Sediment and Erosion Control

22. Sedimentation and erosion barriers are to be constructed to control the discharge of sediment from the site. The barriers are to be designed and installed in accordance with the requirements of Landcom’s “Managing Urban Stormwater: Soils and Construction”, Volume 1, 4^th Edition, March 2004, (the Blue Book), and Hornsby Shire Council’s “Sustainable Water Best Practices” manual and must be effectively maintained at all times during the course of construction and must not be removed until the site has been stabilised or landscaped to the Principal Certifying Authority’s satisfaction.

Erection of Construction Sign

23. A sign must be erected in a prominent position on any site on which building work, subdivision work or demolition work is being carried out:

a) showing the name, address and telephone number of the principal certifying authority for the work;

b) showing the name of the principal contractor (if any) for any building work and a telephone number on which that person may be contacted outside working hours; and

c) stating that unauthorised entry to the work site is prohibited.

Note: Any such sign is to be maintained while the building work, subdivision work or demolition work is being carried out, but must be removed when the work has been completed.

Hours of Construction

24. In order to maintain the amenity of adjoining properties, site works must be restricted to between 7.00 am and 6.00 pm, Monday to Friday and 8.00 am to 1.00 pm Saturday. Site works may extend to 4.00 pm on Saturdays if inaudible on residential properties. No work must be undertaken on Sundays or public holidays. Plant, goods or materials must not be delivered to the site outside the approved hours of site works unless otherwise approved by Council.

Damage to Council Assets

25. The repair of 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 completed to Council’s requirements at no cost to Council.

Asset Protection Zone

26. At the commencement of building works the property to the east of the building to a distance of 9 metres, shall be maintained as an inner protection area (IPA) as outlined within section 4.1.3 and appendix 5 of Planning for Bush Fire Protection 2006 and the NSW Rural Fire Service’s document ‘Standards for asset protection zones.’

Landscaping

27. Landscaping to the site is to comply with the principles of Appendix 5 of Planning for Bushfire Protection 2006. In this regard the following landscaping principles are to be incorporated into the development:

· Suitable impervious areas being provided immediately surrounding the building such as courtyards, paths and driveways

· Grassed areas/mowed lawns/or ground cover plantings being provided in close proximity to the building

· Restrict planting in the immediate vicinity of the building which may over time and if not properly maintained come in contact with the building

PRIOR TO THE RELEASE OF THE SUBDIVISION CERTIFICATE

28. The creation of an appropriate "Positive Covenant" and "Restriction as to User" over the constructed on-site detention/retention systems and outlet works, within the lots in favour of Council to ensure the continued maintenance and performance of the stormwater management system in accordance with Council’s standard wording. The position of the on-site detention system is to be clearly indicated on the final plan of subdivision.

29. 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 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.

30. The two “Small car only” spaces shall be clearly marked on ground with white paint.

31. To maintain local tree canopy cover, a minimum of ten (10) medium to large trees such as Angophora costata (Sydney Red Gum), Eucalyptus punctata (Grey Gum), Eucalyptus haemastoma (Scribbly Gum) and Banksia species are to be planted on the subject site. The planting location shall not be within 4 metres of the foundation walls of a dwelling or in-ground pool. The pot size is to be a minimum 25 litres and the tree/s must be maintained and protected until they reach the height of 3 metres.

South Western boundary screen planting

32. To ensure adequate screen planting is provided along the front boundary of the site (Woodland way) planting to the on-grade landscape setback zone shall include an additional:

· 20 Banksia spinulosa planted in mulched planter beds.

· 20 Leptospermum polygalifolium planted in mulched planter beds.

· 20 Grevillea liearfolia planted in mulched planter beds.

· 60 Lomandra longifolia planted in mulched planter beds.

South Eastern boundary screen planting

33. To ensure adequate screen planting is provided along the side boundary of the site (Mundowi Road) planting to the on-grade landscape setback zone shall include an additional:

· Angophora costata planted in mulch planter beds.

· 20 Grevillea liearfolia planted at 2 metres centres in mulched planter beds.

· 40 Lomandra longifolia planted in mulched planter beds.

All shrubs to be installed at minimum pot size of 5 litres.

North Western boundary planting

34. To ensure adequate planting is provided to side boundary planting to the on-grade landscape setback zone shall include an additional:

· 15 Allocasuarina torulosa planted 5 metres centres in mulch planter beds.

· 15 Acacia linifolia planted at 10 metres centres in mulched planter beds.

All shrubs to be installed at minimum pot size of 5 litres.

North Eastern boundary planting

35. To ensure adequate planting is provided to side boundary planting to the on-grade landscape setback zone shall include an additional:

· 10 Elaeocarpus reticulatus planted 5 metres centres in mulch planter beds. Trees to installed minimum pot size of 5 litres.

PRIOR TO THE RELEASE OF THE OCCUPATION CERTIFICATE

36. A certificate from a chartered civil engineer/registered surveyor must be obtained prior to release of final occupation certificate verifying that the on-site detention system will function hydraulically in accordance with the approved design plans.

Waste Management

37. Prior to the issue of the occupation certificate, documentary evidence (ie. tipping dockets/receipts from recycling depots, transfer stations and landfills) and a summary report of actual destinations and quantities of waste generated by the works carried out under this development consent should be submitted to Council’s satisfaction. This summary report is to be based on 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 the summary report must include the reasons why the 60% target was not achieved.

Survey Reports

38. To ensure that the building is being erected in accordance with the approval, a registered surveyor’s report must to be submitted to the principal certifying authority prior to the release of the occupation certificate certifying that:

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

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

Section 94 Contributions

39. The payment of a contribution of $ 139,842.86 for 21 industrial units, 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 contribution is based on a rate of $1981.90 per employee calculated at 50 sqm gross floor area per employee, prior to the issuing of the Occupation certificate. 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 Administration Building located at No. 296 Pacific Highway, Hornsby.

Use of the Premises

40. The approved development must be occupied or used solely for the approved use as indicated in the Statement of Environmental Effects. 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).

Operating Hours

41. The operating hours of the premises would be 7:00am to 6:00pm Monday to Friday and 8:00am to 4:00pm Saturday. No proposed works are to be undertaken on Sunday or public holidays.

Signage

42. No signage would be erected on the premises apart from that approved under this development application. Any other signage requires further approval except exempt or complying development.

Traffic

43. All deliveries shall be made within the site, under no circumstances delivery vehicles to be loaded or unloaded upon the public road.

44. All vehicles shall enter and exit the site in forward direction.

45. Parking spaces shall not be used for storage of goods or materials.

Tree Planting

46. The landscape works shall be maintained into the future to ensure the establishment and successful growth of plant material to meet the intent of the landscape design.

47. All Dangerous Goods shall be stored in accordance with AS 1940-2004: The Storage and Handling of Flammable and Combustible Liquids (Standards Australia, 1993); and/or The Protection of the Environment Operations Act 1997.

48. A sufficient supply of appropriate spill control equipment must be kept on the premises at all times. Materials used in the clean up of a spill must be disposed of to an appropriately licensed waste facility.

49. All above ground storage's of hazardous materials, oils, chemicals or fertilisers must be bunded. The bund is to be made from an impervious material and must be covered and large enough to hold the contents of the largest container plus 10%.

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

Water and Utilities

51. Water, electricity and gas are to comply with the following requirements of section 4.1.3 of the Planning for Bushfire Protection 2006:

· Fire hydrant spacing, sizing and pressures shall comply with Australian Standard AS 2419.1 – 2005 ‘Fire Hydrant Installations’.

· Fire Hydrants shall not be located within any road carriageway.

· Where the rear or most distant part of a proposed building is greater than 70 metres from the nearest hydrant, a new hydrant is required to be installed as per Australian Standard AS 2419.1-2005 ‘Fire Hydrant Installations’. Locations of fire hydrants are to be delineated by blue pavement markers offset 150 mm from the centre of the road. The direction of offset shall indicate on which side of the road the hydrant is located.

ADVISORY NOTES

Environmental Planning and Assessment Act, 1979 Requirements

1. The Environmental Planning and Assessment Act, 1979 requires you to:

a) Obtain a construction certificate prior to the commencement of any works. Enquiries regarding the issue of a construction certificate can be made to Council’s Customer Service Centre on 4645 4608;

b) Nominate a principal certifying authority and notify Council of that appointment prior to the commencement of any works;

c) Give Council at least two days notice prior to the commencement of any works;

d) Have mandatory inspections of nominated stages of the construction inspected;

e) Obtain an occupation certificate before occupying any building or commencing the use of the land.

Long Service Levy

2. 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 must 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. (clause 98(1) (b) of the Environmental Planning and Assessment Regulation. 2000.)

Road works

3. A separate application under the Local Government Act 1993 and Roads Act 1993 shall be submitted to Council for approval for the following:

· the installation of a vehicular footway crossing servicing the development, and the removal of any redundant crossings.

· a construction certificate must be obtained from Council in order to carry out work on the Public road. Payment of fee for the issue of Construction Certificate and Compliance Certificate is required prior to commencement of work.

- END OF CONDITIONS -

Planning Report No. PLN217/08

Date of Meeting: 19/11/2008

5 DEVELOPMENT APPLICATION - MODIFICATION TO AN APPROVED GARAGE
22 PAUL CLOSE, HORNSBY HEIGHTS

Development Application No:	1366/2007/A
Description of Proposal:	Section 96(2) application to modify an approved garage by increasing its size and height
Property Description:	Lot 3, DP 247109, (No 22) Paul Close, Hornsby Heights
Applicant:	Mr G M Donnelly
Owner:	Mr G M Donnelly and Ms L G Stewart
Statutory Provisions:	Hornsby Shire LEP 1994 Residential A (Low Density) Zone
Estimated Value:	$12,000 (additional to the $40,000 original proposal).
Ward:	B

RECOMMENDATION

THAT Development Application No. 167/2007/A for modifications to an approved garage at Lot 3, DP 247109 (No. 22) Paul Close, Hornsby Heights be approved subject to the conditions of consent detailed in Schedule 1 of this report.

EXECUTIVE SUMMARY

1. The application seeks to modify DA/167/2007 for an approved double garage by increasing the height and size of the building to accommodate four motor vehicles with a roof-top deck.

2. Council approved DA/167/2007 on 14 November 2007, permitting the erection of a double garage at the front of the site within an existing retained area.

3. The amended proposal complies with the provisions of the Hornsby Shire Local Environmental Plan 1994 (HSLEP) and Council’s Dwelling House Development Control Plan (DHDCP) in regard to height, setbacks, solar access and privacy.

4. A red sticker has been placed against the application and has subsequently been referred to Council for determination.

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

6. It is recommended that the application to modify the consent be approved.

HISTORY OF THE APPLICATION

On 14 November 2007, consent was granted under delegated authority for the erection of a double garage to the eastern façade of an existing 2 storey dwelling-house on a steep, battle-axe allotment. The garage has a finished floor level of RL12.07 and is accessed from the eastern elevation.

A Section 96(2) application was lodged on 14 August 2008, seeking approval to amend the existing consent by increasing the height and size of the garage to accommodate four motor vehicles with a roof-top deck. The proposed structure would have an over-under configuration with the lower finished floor level of RL12.07 and the upper level finished floor level of RL14.52. The deck would have a finished floor level of RL17.17. The new (proposed) level of the garage would be accessed off the northern elevation of the building.

THE SITE

The battle-axe shaped site has an area of 1100m², is located on the southern side of the cull-de-sac at the end of Paul Close, Hornsby Heights, and experiences an average fall of 40% towards the right-of-carriageway along the eastern side boundary. This sealed 4.5m wide right-of-carriageway provides level access to the subject property and the adjoining premises, No. 24 Paul Close. The adjacent right-of-carriageway to serve the latter property is unmade.

The site contains a 1970s era, two storey, brick and tile dwelling-house with a FFL of RL18.8. A portion of the underfloor area comprises a double garage with a FFL of RL16.11. The driveway providing access to this garage has been partly demolished to make way for the excavation of the site for the second double garage approved under the original application. This excavation has been stabilised by the erection of “Bessa-block” walls. Work on this garage has ceased, pending determination of the Section 96 application.

Adjoining development comprises one and two storey dwelling-houses of similar age and design, dictated in large part, by the steep topography of the immediate area.

THE PROPOSAL

The Section 96(2) application proposes alterations to the development approved under the original consent as follows:

1. The deletion of the curved, concrete slab/driveway over the approved double garage at levels that vary from RL 15.4 to RL 16.1, replacing it with a level floor at a finished floor level of RL 14.52;

2. The erection of a structure above this new, level floor with sufficient space to accommodate two additional vehicles, together with the re-instatement of the curved driveway;

3. The use of the waterproofed concrete roof slab above this second garage at RL 17.17 as a deck, with a 1m high handrail facing the bushland reserve to the east and the right-of-carriageway to the north of the site;

4. The erection of a 1.8m high privacy screen along the southern side of the deck to address any concerns about a loss of privacy in relation to the north-facing windows of the adjacent premises, at No. 24 Paul Close; and

5. The installation of an internal spiral stairway between the two garage levels and the extension of the existing external stairs to provide access around the structure.

If approved, the amended development would provide secure accommodation for 4 motor vehicles on the subject site and a level, outdoor living area facing the adjacent Berowra Valley Regional Park.

The existing double garage directly below the dwelling-house would be used for domestic storage purposes.

ASSESSMENT

1. STRATEGIC CONTEXT

1.1 Metropolitan Strategy – (Draft) North Subregional Strategy

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 amended proposal would not be inconsistent with the draft Strategy.

2. STATUTORY CONTROLS

Section 79C(1)(a) of the Environmental Planning and Assessment Act, 1979, requires Council to consider any relevant environmental planning instruments, draft environmental planning instruments, development control plans, planning agreements and other prescribed matters.

2.1 Environmental Planning and Assessment Act, 1979 – Section 96

In considering the application, Council must be satisfied that the development to which the consent as modified relates, is substantially the same development as originally approved.

The proposal seeks approval to alter the height and size of the garage to accommodate four motor vehicles with a roof-top deck. In that respect, it is considered that the proposal as amended is substantially the same as the development originally approved.

2.2 Hornsby Local Environmental Plan, 1994

The subject land is zoned Residential A (Low Density) Zone under Hornsby Shire Local Environmental Plan 1994 (HSLEP). The objectives of the zone are:

“(a) to provide for the housing needs of the population of the Hornsby Shire;

(b) to promote a variety of housing types and other land uses compatible with a low density residential environment;

(c) to provide for development that is within the environmental capacity of a low density residential environment.”

The development is defined as “dwelling-house” (ancillary structure) under the HSLEP, and is permissible in the zone, with Council’s consent.

Clause 15 of HSLEP prescribes that the maximum floor space ratio (FSR) of development within the zone is 0.4:1. The proposed amendment to the consent would not exceed the maximum FSR standard for the site.

2.3 Dwelling House Development Control Plan

The proposed amendment to the development has been assessed having regard to the relevant performance criteria and prescriptive measures within Council’s Dwelling House Development Control Plan.

The following table sets out the proposal’s compliance with the prescriptive measures of the Plan:

Dwelling House Development Control Plan
Control	Proposal	Requirement	Compliance
FSR	0.32:1	0.4:1	Yes
Site coverage	10%	40%	Yes
Height (incl. privacy screen)	6.9 metres	9 metres	Yes
Storeys	2 storeys	2 storeys	Yes
Car parking	4 spaces	2 spaces	Yes
Setbacks - Front (east) - Side (north) - Side (south) - Rear	4.5 metres 10 metres 3.2 metres 23 metres	6 metres 1 metre 1 metre 3 metres	No Yes Yes Yes
Landscaping	65%	45%	Yes

As detailed in the above table, the proposed amended development does not comply with the setback requirements in relation to the front, northern boundary. This issue of non-compliance is addressed in detail below, together with a brief discussion on compliance with the relevant performance criteria.

2.3.1 Vehicle Access and Parking

The DHDCP encourages the design of driveways and parking areas on residential allotments that is simple, safe and direct and which minimises the impact on the amenity of adjoining properties.

To provide for visitor parking on battleaxe allotments, the DHDCP requires that garages are set back a minimum 5.5m from the right-of-carriageway or access handle.

Whilst the partly demolished driveway that served the original underfloor garage does not comply with the prescriptive measures of the Vehicle Access and Parking element of the DHDCP in terms of gradient and transition, it is an acceptable component of the proposal to amend the consent, given the shape and steep slope of the allotment.

The amended proposal satisfies this requirement in a performance manner by providing space for visitors to park vehicles so as not to obstruct access to the adjacent premises No. 24 Paul Close.

2.3.2 Private Open Space

The existing private open space is at the rear of the subject dwelling-house and is directly accessible from the living areas. Given the steep topography of the site, there is little scope to adequately provide for relaxation, dining, entertainment and recreation.

Approval of the roof-top deck above the extension to the garage would improve the amenity of the site by providing a level area on the site with bushland views and year round solar access.

2.3.3 Privacy

The active living rooms and entertaining areas of the existing dwelling-house are located on the ground floor and are set back and orientated to minimize any impacts on adjoining properties. To address any loss of privacy in relation to the adjoining premises No. 24 Paul Close by the construction of a rooftop deck, the applicant has proposed that a 1.8m high privacy screen be erected along the southern side of the deck. This would satisfy the DHDCP requirements.

3. ENVIRONMENTAL IMPACTS

3.1 Natural Environment

The proposed amendment to the approved development would have no further impact on the environment than the original proposal, as the extension to the garage would not involve any additional site disturbance or impact on any existing trees within 3 metres of the proposal.

3.2 Built Environment

The proposed amendment to the approved development is consistent with the mix of dwelling-house design in the locality. The amendment would have a minor additional visual impact in terms of bulk and height when viewed from the neighbouring properties.

This impact is considered to be acceptable, given the significant physical constraints on the site, the consistency of the design in terms of bulk and scale with adjacent dwelling-houses, the 48m setback from the public street and the provision of off street parking to allow visitors to park clear of the accessway.

4. PUBLIC PARTICIPATION

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

4.1 Community Consultation

The proposed amendment to the development was notified to adjoining and nearby landowners between 21 August and 4 September 2008, in accordance with Council’s Notification and Exhibition Development Control Plan.

During this period, Council received one submission, raising concerns regarding loss of privacy, solar access and setbacks.

The map below indicates the location of the property owner who made a submission to the proposal in proximity to the subject site.

NOTIFICATION PLAN

• PROPERTIES NOTIFIED

X SUBMISSIONS

RECEIVED

PROPERTY SUBJECT OF DEVELOPMENT

An assessment of the grounds for objection to the amended proposal is addressed as follows:

4.1.1 Solar Access

The applicant has submitted shadow diagrams prepared for 9am, 12 noon and 3pm on 22 June (the winter solstice). The diagrams confirm that the solar access impact is acceptable, given that the shadows cast over the adjacent premises No. 24 Paul Close comply with the prescriptive measures and objectives of the Solar Access element of the DHDCP.

4.1.2 Privacy

To address any possible privacy impacts upon the neighbouring premises to the south, No. 24 Paul Close, the amended plans propose the erection of a 1.8m high privacy screen along the southern edge of the deck.

Subject to a requirement that this screen be designed to prevent a direct line of sight, the proposal complies with the objectives of the Privacy element of the DHDCP and is considered acceptable.

4.1.3 Front boundary setback

The structure is proposed to be sited 4.5m from the eastern boundary of the site, being the width of the right-of-carriageway which serves the subject property.

The eastern boundary is considered as the front of the premises, given the orientation of the dwelling-house towards the east and the steep topography and shape of the battle-axe allotment site. It is considered that this 1.5m variation to the 6m requirement would have minimal visual impacts, given the consistency of the amended design with adjacent development in terms of bulk and height and the 48m setback from the public street.

The proposal meets the objectives of the Setbacks element of the DHDCP and is considered acceptable.

5. THE PUBLIC INTEREST

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

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

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

6. CONCLUSION

Council is in receipt of a Section 96(2) application to amend Development Consent No. 1366/2007 by increasing the height and size of the garage to accommodate four motor vehicles together with a roof-top deck. This amendment is considered to be an appropriate development of the site.

The additional garage area takes advantage of the disturbance to the site already approved under the original consent with minimal additional impacts on the surrounding natural and built environments, at the same time recognizing the significant physical constraints of the property.

Council has received one submission concerning the application. It is considered that the grounds for objection to the application can be overcome by way of an appropriate condition of consent.

It is recommended that the application be approved subject to the conditions held at Schedule 1.

Simon Evans

Manager - Assessment Team 1

Planning Division

Scott Phillips

Executive Manager

Planning Division

Attachments:

1.View	Locality Map
2.View	DA Plan - approved
3.View	DA Plan - amended
4.View	DA Shadow Plan
5.View	Notice of Determination dated 14 November 2007

File Reference: DA/1366/2007/A

Document Number: D01030083

SCHEDULE 1

Amendment to the description of the proposal:

“Erection of two level garage and a deck”

Addition of the following conditions:

Approved Plans and Supporting Documentation

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

*Plan No.*	*Drawn by*	*Dated*
1/3, 2/3,3/3	Not shown	August 2008
Shadow diagram – not numbered	Milton J Brown	16/9/2008

33. The proposed 1.8m high privacy screen along the southern side of the roof-top deck is to incorporate solid or horizontal louvered screening of opaque design, angled in such a way as to prevent a direct line of sight of the adjacent property at No. 24 Paul Close.

Advisory Note –As the site is located in a bushfire prone area, the privacy screen must be constructed in accordance with the relevant bushfire protection requirements.

- END OF CONDITIONS -

Planning Report No. PLN222/08

Date of Meeting: 19/11/2008

6 DEVELOPMENT APPLICATION - EDUCATIONAL ESTABLISHMENT (DULKARA ADULT DAY CARE)
118 FRANKLIN ROAD CHERRYBROOK

Development Application No:	878/2008
Description of Proposal:	Demolition of existing buildings, staged construction of an educational establishment (Dulkara Adult Day Centre) and associated landscaping works.
Property Description:	Lot 12 DP 16975, No. 118 Franklin Road Cherrybrook
Applicant:	PMDL Architects
Owner:	Inala
Statutory Provisions:	Hornsby Shire Local Environmental Plan 1994: Residential A (Low Density) State Environmental Planning Policy No. 55 Remediation of Land Community Uses Development Control Plan Cherrybrook Precinct Development Control Plan Car Parking Development Control Plan Access and Mobility Development Control Plan
Estimated Value:	$2.97 million
Ward:	B

RECOMMENDATION

THAT Development Application No. 878/2008 for the demolition of existing buildings, staged construction of an educational establishment (Dulkara Adult Day Centre) and associated landscaping works at Lot 12 DP 16975, No. 118 Franklin Road, Cherrybrook be approved subject to conditions of consent detailed in Schedule 1 of this report.

EXECUTIVE SUMMARY

1. The application proposes the demolition of existing buildings, staged construction of an educational establishment (Dulkara Adult Day Centre) and associated landscaping works.

2. The proposal complies with the provisions of the Hornsby Shire Local Environmental Plan 1994 and is consistent with the provisions of Council’s Community Uses Development Control Plan, Cherrybrook Precinct Development Control Plan and Car Parking Development Control Plan.

3. Three submissions have been received in respect of the application.

4. It is recommended that the application be approved.

HISTORY OF THE SITE

On 8 January 2008 Council refused Development Application No. 1342/2006 for subdivision of two lots into eleven lots generally on environmental grounds and non-compliance with statutory controls.

On 13 May 2008, a Class 1 appeal was lodged in the Land and Environment Court for the refusal of the application. A hearing was set down for 27 and 28 October 2008 before Commissioner Hussey. Amended plans were lodged to address Council’s concerns and the matter goes back before the Court on 7 November 2008.

Notwithstanding the outcome of the Court decision, this application can be assessed and determined by Council based on its individual merits.

THE SITE

The site has an area of 13,433 sqm with a 50.15 metre north-eastern frontage to Franklin Road at Cherrybrook. The site is characterised by a slight fall from the north eastern boundary down to the south western boundary at an average gradient of 8.7%.

The land is dissected by a transmission line easement which runs on a north-south alignment and is approximately centrally located. A drainage channel ends within the transmission line easement in the vicinity of the south western boundary. A stormwater pipe ends at the drainage channel via a concrete headwall and spillway. The concrete pipe runs from a concrete detention tank which is located on the adjoining allotment to the north east.

The part of the site which is to the south east of the transmission line easement accommodates the ‘Inala’ Adult Day Centre which includes approximately twelve buildings. This portion of the site has an area of 6816 sqm. A concrete driveway runs along the south western boundary and a gravel track runs along the north eastern boundary between Franklin Road and the School buildings, providing access to the school. Informal parking for up to 8 vehicles is available on the front lawn adjacent the driveway.

The part of the site which is within, and to the west of, the transmission line easement is generally separated from the south eastern part of the site by a mesh fence, is vacant other than for a small fibro shed and generally cleared of vegetation except in the vicinity of the side boundaries. That part of the land is proposed to be subdivided into residential lots and is the subject of a Class 1 appeal in the Land and Environment Court.

There are fifty two trees on this site comprising of a variety of species including locally native and introduced species.

Adjoining development consists of:

· To north - single and two storey dwelling houses;

· To the east on the opposite side of Franklin Road - Tangara School for Girls;

· To the south – single storey dwelling house and a vacant battleaxe lot containing remnant Blue Gum High Forest (BGHF); and

· To the west – vacant rear part of site separated by an electricity transmission line and subject to an appeal in the Land and Environment Court to subdivide the land.

DESCRIPTION OF DAY CENTRE USE

The Dulkara Adult Day Centre operated by Inala on the subject site since the early 1970s provides structured educational programs for adults with an intellectual disability. The Centre operates from 8.30am to 5.00pm Monday to Friday, with educational care services provided from 9.00am to 3.00pm.

There are currently 44 clients enrolled at the Centre. A number attend on a part-time basis, so there is an average of 38-40 clients involved in Centre activities in any given week. Several groups of clients participate in various outings from the Centre, departing around 9.30am and arriving back at the Centre at various times up to 2.40pm. There are generally 25-35 clients on site at any one time while others are on outings.

The activities and programs are designed to enhance the lives of clients, increasing their independence and participation in the wider community. They include:

· Art and Craft;

· Community access - recreational, leisure and educational outings;

· Work experience;

· Communication and social skills;

· Living skills; and

· Specialised therapies including massage and music.

Participation in the activities and programs is tailored to meet the varied needs of the individual clients who range in age from 18 to 60 years. Most are in the 30-40 year age group.

The Centre is operated by 18 staff in roles of teaching, disability support, physiotherapy, music therapy, massage therapy and administration.

THE PROPOSAL

The proposed development is for the demolition of all existing structures and erection of a new purpose built facility to enable continuation of the current use with an increased number of clients.

The use of the new centre would be a continuation of the existing day care centre use with the same activities and mode of operation as detailed above and the hours of operation would remain unchanged.

Seven structures are proposed to be erected around a central outdoor recreation area. Vehicle access remains unchanged and parallel parking for 8 vehicles is provided along the main driveway adjacent to the main building. A driveway down the south eastern side of the buildings provides access to 8 visitor parking spaces at the front and 10 staff parking spaces at the rear. The buildings encircling the central garden are connected by metal palisade type fencing.

The buildings are all single storey and the development has a total gross floor area of 1263 sqm. The layout ensures that clients and staff have safe and easy access to all rooms, facilities and to a large central garden that is secure, private and visible to staff.

The buildings comprise a main administration and function building across the front, five activity rooms arranged behind that on each side of the central garden and a utility building at the rear. The main building is split into two sections with a combined floor area of 343.6 sqm and uses of the main building include function rooms, kitchen, laundry, WC, display room and gallery, offices and meeting rooms.

The activity rooms range in area from 73.5-160.8 sqm and provide space for therapy, sensory activities, pottery, woodworking and general activities such as art, craft and exercise. The utility building has an area of 68.5 sqm and contains offices, staff room, storage and WC.

The development is proposed to be constructed in two stages as follows:

Stage One:

· Demolish existing clad building;

· Construct temporary gravel road for drop off during construction;

· Construct main administration building;

· Construct Therapy Room building;

· Construct Activity Room 1 building;

· Construct Activity Room 3 building;

· Construct Staff Room/ Office 3 & 4/ Store Building;

· Construct Carpark 1;

· Construct sealed road to access new works; and

· Complete Landscape works for Stage 1.

Stage Two:

· Demolish the remainder of the existing structures on the site;

· Construct Activity Room 2 building;

· Construct Woodworking, Machinery and Pottery Room building;

· Construct Staff Room/ Office 3 & 4/ Store building;

· Construct Carpark 2;

· Complete construction of sealed road/driveway; and

· Complete Landscape works for Stage 2.

ASSESSMENT

1.
STRATEGIC CONTEXT

1.1 Metropolitan Strategy – (Draft) North Subregional Strategy

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 in so far as providing education for local people to secure additional jobs in the locality.

2. STATUTORY CONTROLS

2.1 Hornsby Local Environmental Plan 1994

The subject land is zoned Residential A (Low Density) under Hornsby Shire Local Environmental Plan 1994 (HSLEP). The objectives of the zone zone are:

(a) to provide for the housing needs of the population of the Hornsby area.

(b) to promote a variety of housing types and other land uses compatible with a low density residential environment.

(c) to provide for development that is within the environmental capacity of a low density residential environment.

The proposed development is defined as an educational establishment under HSLEP and is permissible in the zone with Council’s consent.

Clause 15 of HSLEP prescribes that the maximum floor space ratio (FSR) of development within the Residential A (Low Density) zone is 0.4:1. The proposed development would have an FSR of 0.18:1, which satisfies the development standard.

2.2 State Environmental Planning Policy No. 44 Koala Habitat

The application has been assessed against the requirements of State Environmental Planning Policy No. 44. This Policy provides State-wide planning controls to encourage the proper conservation and management of areas of natural vegetation that provide habitat for koalas to ensure a permanent free-living population over their present range and reverse the current trend of koala population decline.

The site does not contain any potential habitat for koalas and no further assessment of the site is required under the provisions of SEPP 44.

2.3 State Environmental Planning Policy No. 55 Remediation of Land

The application has been assessed against the requirements of State Environmental Planning Policy No. 55. This Policy provides State-wide planning controls to promote the remediation of contaminated land to reduce the risk of harm to human health and the environment.

Historical information and inspection of the site and surrounding areas indicates that the site has been used for agricultural purposes. Consequently, some contamination of the land may have occurred. A recommended condition of consent has been included in Schedule 1, requiring the submission of a preliminary site contamination audit to ensure there is no contamination on the site which may pose a risk to human health and the environment.

2.4 Sydney Regional Environmental Plan No. 20 Hawkesbury-Nepean River

The application has been assessed against the requirements of Sydney Regional Environmental Plan No. 20. This Policy provides regional planning controls to protect the environment of the Hawkesbury-Nepean River system by ensuring that the impacts of development are considered in the regional context. The plan addresses matters related to water quality, significant vegetation habitats, extraction, environmental heritage and scenic quality, recreation and tourism, and agriculture.

The applicant has submitted an erosion and sediment control plan as part of the application and a recommended condition of consent has been included in Schedule 1 with regard to the installation and maintenance of sediment and erosion control devices to protect water quality which would ensure compliance with SREP No. 20.

2.5 Community Uses Development Control Plan

Community Uses Development Control Plan
Control	Proposal	Requirement	Compliance
FSR	0.19:1	0.4:1	Yes
Height	5 metres	9 metres	Yes
Storeys	1 storeys	2 storeys	Yes
Site coverage	33%	40%	Yes
Car parking	26 spaces	Parking study	Yes
Setbacks - Front - Side - Side - Rear	16.1 metres 3.4 metre 7.7 metre 22.9 metres	6 metres 1 metre 1 metre 3 metres	Yes Yes Yes Yes
Landscaping	47%	45%	Yes

As detailed in the above table, the proposed development complies with the prescriptive measures within Council’s Community Uses DCP. A brief discussion on compliance with relevant performance criteria is provided below.

2.5.1 Site Selection Criteria

The Community Uses DCP includes the following site selection criteria as being appropriate locations for educational establishments:

· sites close to public transport facilities (i.e. bus, rail).

· large sites with potential for extensive recreation areas.

· sites with good vehicular access.

· sites with less exposure to dwellings.

· sites close to populations with a large proportion of the age group being served.

· sites which have a minimum frontage of 60m to provide for a bus set down area, car set down areas and driveway ingress/egress.

The subject site comprises a large lot with a frontage of 54 metres to Franklin Road. The site is within walking distance of the proposed North West Metro (Franklin Road Railway Station) and is a large site with extensive recreation areas for the proposed use.

The proposal is a continuation of the existing use of the site and is consistent with the performance criteria and prescriptive measures of the control.

2.5.2 Design

The proposed development is single storey in height and has been designed to complement the existing residential development on adjoining properties. The development would enhance the character and amenity of the area and has regard for the topography of the land as it steps down the site.

The development is further complemented by generous setbacks and screen planting to the property boundaries to maintain privacy to the adjoining residential dwellings.

2.5.3 Recreation Space

The development includes 5 buildings for indoor activities to meet the long term needs of clients of the Centre. The design of the development incorporates safe, private, sunny, easily supervised open space for use of clients, through the provision of a central recreation space of approximately 1125 sqm of which 500 sqm is useable lawn. This represents approximately 8 sqm useable open space per client and whilst less than the 20 sqm per student required in the Community Uses DCP, this is considered reasonable, as a large proportion of the 20 sqm would comprise sporting fields which are not appropriate or required for the specific use undertaken on the site.

The development makes appropriate provision for the recreation needs of clients and meets the objective of this element.

2.5.4 Acoustics

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 refusal of the application in itself. Any unreasonable or excessive noise is governed by the Protection of the Environment Operations Act 1997.

Notwithstanding, the proposed development has been designed to minimise potential acoustic impacts on the adjoining and surrounding residential properties by orientating the building to face into a central outdoor recreation area and providing generous setbacks to the property boundaries.

2.5.5 Solar Access

The development is single storey and the submission of shadow diagrams is not required with the application. Notwithstanding, the design of the development and the proposed setbacks from the property boundaries ensure that the proposal would comply with the requirements for developments to maintain a minimum of 4 hours of sunshine to the open space areas of adjoining residential properties, in accordance with the Community Uses DCP solar access requirement.

2.5.6 Crime Prevention

The proposed development has been designed to minimise crime in accordance with Crime Prevention Through Environmental Design (CPTED) principles by way of clear sightlines, windows that overlook the streetscape and pedestrian access and clearly defined building entry and access.

The proposal complies with the Community Uses DCP crime prevention element objective.

2.6 Cherrybrook Precinct Development Control Plan

The primary purpose of the Plan is to provide controls for the Cherrybrook Precinct. The objectives of the DCP are to provide a detailed planning strategy; to provide guidelines for development; and to provide measures to protect the natural and built environment.

The subject site is included within the precinct and complies with the provisions of the DCP and the Cherrybrook Precinct Masterplan.

2.7 Car Parking Development Control Plan

The primary purpose of this DCP is to provide parking controls for the development.

Council’s engineering assessment of the traffic impacts of the development concludes that the proposal is acceptable with regard to the driveway widths, accessway provisions and car spaces on site.

2.8 Access and Mobility Development Control Plan

The application includes an access report prepared by Blythe Sanderson Group that made recommendations for the proposal, in compliance with Australian Standard 1428, the Building Code of Australia, the Disability Discrimination Act 1992 and Council’s Access & Mobility DCP.

In this respect, it is necessary that the recommendations contained in the report are incorporated into the construction certificate plans for the development. A condition is recommended for implementation of the access report recommendations.

2.9 Waste Minimisation and Management Development Control Plan

The primary purpose of this Development Control Plan is to provide planning strategies and controls to promote waste minimisation and management.

The applicant has submitted a waste management plan in accordance with the requirements of the DCP.

Council’s waste assessment of the development concludes that the proposal is acceptable with regard to the location and size of the bin enclosure area and access to it.

2.10 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. This matter has been addressed in Section 2.4 of this report.

3. ENVIRONMENTAL IMPACTS

3.1 Natural Environment

3.1.1 Tree Removal

There are a total of 52 trees on that part of the site the subject of the development application. The proposed development would necessitate the removal of 28 trees from the site. No trees to be removed are identified as ‘significant trees’ under Council’s Tree Management Plan. The application has been supported by an arborist report that assesses the 24 remaining trees as being healthy trees and recommends measures for the trees to be retained and protected.

Council officers concur with the recommendations of the arborist report.

3.1.2 Natural Watercourse

The Department of Water and Energy has previously advised Council that the watercourse/ drainage line on the site is not defined as a “river” for the purposes of the Water Management Act 2000. Notwithstanding, the proposed development would not impact on the drainage line and would maintain the existing vegetated open channel that has been identified on the site.

3.1.3 Natural Hazards

There is no known hazard/risk associated with the site with respect to bushfire, landslip, subsidence and flooding that would preclude approval of the proposed development.

3.2 Built Environment

The proposed development is for the demolition of existing structures, staged construction of an educational establishment (Dulkara Adult Day Centre) and associated landscaping works.

The proposal has attempted to minimise the visual impact by ensuring the layout, scale, materials, design and finishes of the buildings combine to give the development a domestic rather than institution presentation. Each of the buildings is single storey in height and the landscape treatment of the development provides both recreational space for the occupants and visual interest and screening to maintain and enhance the amenity of adjoining properties.

3.3 Social Impacts

The development would make a positive social contribution to the local community by providing a modern place for structured educational programs for adults with an intellectual disability. There is a current shortage of places and the proposal will increase social welfare and provide an increased opportunity for people with a disability to be included in the wider community.

3.4 Economic Impacts

The economic value of the development on the local and broader community has been considered with specific reference to the potential employment generation through the provision of training for people with a disability. This is consistent with the North Subregion (Draft) Subregional Strategy that provides a target of 9,000 jobs within the Hornsby LGA by 2031.

4. SITE SUITABILITY

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

The site has a gradual slope and is currently used as an educational establishment - Adult Day Centre. The proposal is similar in bulk, scale and form to recent residential development occurring in the locality and the site is suitable for the proposed development subject to the implementation of erosion and sediment control measures during construction to protect downstream water quality.

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 3 July 2008 and 7 August 2008 in accordance with Council’s Notification and Exhibition Development Control Plan. During this period, Council received three submissions. The map below illustrates the location of those nearby landowners who made a submission that are in close proximity to the development site.

NOTIFICATION PLAN
• PROPERTIES NOTIFIED	X SUBMISSIONS RECEIVED	PROPERTY SUBJECT OF DEVELOPMENT
NO SUBMISSIONS RECEIVED OUT OF MAP RANGE

The three submissions made the following observations:

· Request that Council impose a condition of consent requiring that the applicant install kerb, gutter and a footpath to link with the adjoining residences.

· Is there enough off-street parking, catering for visitors, disabled adults/students, carers and administration staff?

· Could there be provision made for a large commercial rubbish bin built at the front of the property instead of the currently used standard household garbage bins.

· Request adequate screening trees and shrubs to be planted to ensure privacy to adjoining properties.

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
Kerb and Gutter

It is considered to be a reasonable request that the applicant be required to construct the kerb and gutter and footpath at the Franklin Road frontage of the site. A condition of consent has been included in Schedule 1.

5.1.2 Location of Bin Enclosure

Two submissions received raised concern with respect to the location of the waste bin storage area and that smells from the bins and rats, mice and flies may be attracted to the area.

Council’s waste assessment of the development concludes that the proposal is acceptable with regard to the location and size of the bin enclosure area and access to it. It is recommended that all putrescible waste generated is to be deposited in approved container(s) which are water, fly and vermin proof and that the bin enclosure is provided with water/hose for cleansing, graded floors with drainage to sewer, sealed/impervious surfaces, adequate lighting and ventilation. Appropriate conditions of consent have been included in Schedule 1.

5.1.3 Screen Planting/Privacy

The submitted landscape plan provides for appropriate screen planting for the development, particularly adjacent to the property boundaries. Council’s landscape assessment of the development concludes that the proposal is acceptable with regard to visual amenity and privacy and conditions of consent have been included in Schedule 1.

5.2 Public Agencies

There were no submissions received from public authorities.

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.

7. CONCLUSION

The proposed educational establishment is consistent in scale with low density residential development in the locality and complies with the provisions of the Community Uses DCP.

The concerns raised in the submissions to the application are principally in respect of the provision of kerb and gutter and footpath to the street frontage, provision of adequate screen planting, location of the waste bins and provision of adequate car parking. The concerns have been considered in the assessment of the application and are addressed by the recommended conditions.

On balance, and having regard to the community benefit of the proposal, it is considered that the development is worthy of Council’s consent. Accordingly, recommended conditions of consent are held at Schedule 1 to this report.

Rod Pickles

Manager - Assessment Team 2

Planning Division

Scott Phillips

Executive Manager

Planning Division

Attachments:

1.View	Locality Plan
2.View	DA Plans and Survey
3.View	Landscape Plans
4.View	Tree Survey

File Reference: DA/878/2008

Document Number: D01031973

SCHEDULE 1

CONDITIONS APPLICABLE TO ALL STAGES

Approved Plans and Supporting Documentation

Architectural Plans by PMDL Architecture & Design

*Plan No.*	*Title*	*Rev*	*Dated*
DA101	Site Plan	C	27 June 2008
DA102	Demolition Plan	C	27 June 2008
DA103	Roof Plan	C	27 June 2008
DA104	Elevations	C	27 June 2008
DA105	Sections	C	27 June 2008
DA106	Ground Floor Plans (Part A & B)	C	27 June 2008

Landscape Plans by Material

*Plan No.*	*Title*	*Rev*	*Dated*
08-0009-01	Landscape Plan	A	26 August 2008
08-0009-02	Planting Plan

*Document No.*	*Prepared by*	*Dated*
RV0241/DA/01/A	Shire of Hornsby, Parks and Landscape	August 2008

Hornsby Shire Council	Agenda and Summary of Recommendations
Page 1

Development Application No:	542/2008
Description of Proposal:	Alterations and additions to existing community facility and use by the ‘Hornsby Woodworking Men's Shed’
Property Description:	Headen Park Lot 47, DP 35569, No. 3X, Sinclair Avenue, Thornleigh
Applicant:	Hornsby Shire Council
Owner:	Hornsby Shire Council
Statutory Provisions:	Open Space A (Public Recreation-Local)
Estimated Value:	$120,000
Ward:	B