Agenda of Planning Meeting - 17 December 2008

Planning Report No. PLN241/08

Date of Meeting: 17/12/2008

1 DEVELOPMENT APPLICATION - AGED OR DIFFERENTLY ABLED PERSONS HOUSING
2A MANOR ROAD, HORNSBY

Development Application No:	928/2007
Description of Proposal:	Construction of an aged or differently abled persons housing development comprising 91 units with basement car parking and alterations and additions to Mount Wilga House (heritage item) for use as ancillary communal facilities
Property Description:	Lot 12 DP 1079875 Manor Road, Hornsby
Applicant:	Austcorp Project No 1 Pty Ltd
Owner:	Austcorp Project No 1 Pty Ltd
Statutory Provisions:	Hornsby Shire LEP 1994 (Special Uses A (Community Purposes)) SEPP (Housing for Seniors or People with a Disability) 2004 SEPP 65 Design Quality of Residential Flat Development
Estimated Value:	$38,126,617
Ward:	A

RECOMMENDATION

THAT development application DA/928/2007 at Lot 12 DP 1079875 (No. 2A) Manor Road, Hornsby be approved subject to the conditions of consent detailed in Schedule 1 of this report.

EXECUTIVE SUMMARY

1. The application proposes the staged construction of housing for aged or differently abled persons comprising five buildings ranging in height from 2 to 4 storeys incorporating 91 self care units and alterations and additions to Mt Wilga House and its use as an ancillary communal facility.

2. The application was previously considered by Council at its Planning Meetings of 15 October 2008 and 5 November 2008.

3. The property was previously approved for 79 self care aged housing units in five buildings ranging in height from 2 to 5 storeys, under SEPP No. 5 pursuant to DA/2355/1999. The approved development has physically commenced.

4. The proposal complies with the provisions of the Hornsby Shire Local Environmental Plan that permits ‘housing for aged or differently abled persons’ on the property. The proposal also generally complies with SEPP (Housing for Seniors or People with a Disability) 2004 and SEPP 65 Design Quality of Residential Flat Development.

5. It is recommended that the application be approved.

HISTORY OF THE APPLICATION

On 15 October 2008 Council refused Development Application No.928/2007 on the grounds that the applicant has failed to demonstrate that it would not have an adverse traffic, parking, bushfire hazard and amenity impact on the neighbouring residents. A recision motion was subsequently lodged.

Council at its Planning Meeting of 5 November 2008 adopted the rescission motion and subsequently resolved to defer the determination of the Development Application No.928/2007 to allow Council to convene a meeting, chaired by the Mayor, involving the Applicant, Councillors and concerned residents, to address the following issues: traffic, parking, bushfire hazard, amenity, number of units, density and FSR of the development on the allotted space, height of the buildings (especially the perceived height and topography of the ridge on which the development is to take place), set back, and aesthetic impact of the buildings in relation to other surrounding properties.

On 20 November 2008 a meeting was held with Councillors, the applicant and two representatives of the Mount Wilga Neighbourhood Group. There was no agreement reached between the applicant and the residents at this meeting. Ultimately, Council has a statutory obligation to determine the development application. The Mayor subsequently wrote to all residents previously notified and those objecting to the application advising them of the outcome of the meeting. (Refer to Attachment 7).

HISTORY OF THE SITE

The site was used as a residential property between 1907-1952, as a Commonwealth Government rehabilitation hospital between 1952-1987, a private rehabilitation hospital between 1987-1990 and as a Buddist Temple and administration centre between 1990-1999.

On 24 February 2000, Council approved Development Application No. 2355/1999 for a “Five stage development comprising housing for older people or people with a disability (retirement village consisting of 81 residential units), parking for 127 vehicles, an associated recreation facility, refurbishment and ancillary use of the existing Mt Wilga Heritage building, and the demolition of other existing buildings”. Thereafter in 2003, the application was amended to delete two approved units.

In 2004 demolition work was undertaken on the property pursuant to DA No. 2355/1999. A letter from Council’s Executive Manager Planning Division to Austcorp dated 2 July 2004 confirmed in relation to DA No. 2355/1999 that “in view of the demolition works completed on the site it is considered the development consent has been physically commenced.”

On 11 July 2007 the current development application No. 928/2007 was submitted to the Council. On 12 November 2007 the application was amended. The amendments included reduction of the building bulk on Buildings A, C and E adjacent to Manor Road and the erection of an additional storey on Building D adjacent to Mt Wilga Private Hospital. This resulted in an overall increase in the total number of units from 88 to 91.

THE SITE

Description

The 2.31 hectare site at 2A Manor Road Hornsby is an irregular shaped property, bounded by Manor Road and Rosamond Street to the south and east, and by Mt Wilga private hospital to the north. The property is located approximately 1.6 km to the north-west of the Hornsby Town Centre and train station, within a predominantly low density residential area.

The site has a frontage of 420 metres to Manor Road and Rosamond Street, a variable common northern boundary of 285 metres with Mt Wilga Private Hospital and an 85 metre western boundary with a private residential access road/driveway. Primary access to the site is via a driveway from Rosamond Street, adjacent to Mt Wilga Hospital. There are currently two other vehicular entry points from Manor Road in the south of the site.

The property is sited on the apex of a long ridge with views to the surrounding area. Mt Wilga House is located near the centre of the site in an elevated position. From this central position, the site’s topography falls down towards the eastern, southern and western property boundaries with an average gradient of 12% to 18%.

The property contains Mt Wilga House which is a heritage item of regional significance. This building comprises a two storey masonry and tile building with a hipped and pitched roof and a ground floor balcony. In September 1987 a Permanent Conservation Order under the Heritage Act was established in respect of the property. The heritage listing identifies a curtilage around Mt Wilga House of approximately 1.2 hectares, which is located over the eastern half of the site.

Part of the adjacent Mt Wilga Hospital buildings encroach over the common northern boundary. The encroachments include a disused waiting room, a covered pedestrian walkway and eaves/awnings to a rehabilitation building.

The grounds around Mt Wilga House are landscaped with grassed lawns, interspersed with mature trees and lower vegetation. A significant stand of trees is located on the southern side of the site adjoining Manor Road. The property’s landscaped grounds also include a disused tennis court in the south-eastern corner.

The area to be developed drains to the south towards Manor Road. From Manor Road stormwater drains to the south via an existing drainage easement between Nos. 25 and 27 Manor Road or alternatively via an easement between Nos. 37 and 39 Manor Road. The site is burdened by a number of drainage easements that benefit Mt Wilga Private Hospital. These drainage easements also discharge to the south over Manor Road. These drainage easements are no longer in use. In this regard DA No.1225/2003 for the expansion of Mt Wilga Hospital included an on-site detention system that discharges stormwater to the north.

Approximately 30% of the site is identified as bushfire prone in the south of the site.

Mt Wilga Private Hospital to the north comprises a series of one and two storey masonry buildings. The site’s western boundary adjoins a 6 to 9 metre wide residential driveway/s. To the west of the driveway is four detached 1 to 2 storey residential dwellings. The site is surrounded by a low-density residential neighbourhood. The area contains detached residential dwellings generally ranging in height from one to two storeys.

THE PROPOSAL

The proposal seeks consent for the staged construction of housing for aged or differently abled persons comprising five residential flat buildings ranging in height from 2 to 4 storeys including 3 x 1 bedroom units, 76 x 2 bedroom units and 12 x 3 bedroom units (total of 91 units). In addition, alterations and additions are proposed to Mr Wilga House and use of the heritage item for communal facilities ancillary to the aged housing development. A total of 184 parking spaces are provided and accessed via the site’s primary driveway from Rosamond Street and a secondary driveway from Manor Road.

The Development Components are summarised in the following:

Development Component

Description

Basement

182 car parking spaces comprising:

* 71 double residential spaces,

* 20 single residential spaces,

* 19 visitor/ staff spaces, and

* 1 caretaker’s space.

1 community bus bay,

1 double car wash bay, and

garbage storage rooms.

Building A

- storeys

- ceiling height

- unit mix

- floor area

- 3 storeys

- 6 to 10.6 metres

- 14 x 2-bed units, 2 x 3-bed units (Total 16 units)

- 1945sqm

Building B

- storeys

- ceiling height

- unit mix

- floor area

- 3 storeys

- 9 metres

- 12 x 2-bed units, 2 x 3-bed units. (Total 14 units)

- 1709sqm

Building C

- storeys

- ceiling height

- unit mix

- floor area

- 3 storeys

- 7.3 to 10 metres

-14 x 2-bed units, 2 x 3-bed units. (Total 16 units)

- 1911sqm

Building D

- storeys

- ceiling height

- unit mix

- floor area

- 4 storeys

- 11.9 metres

-20 x 2-bed units, 2 x 3-bed units. (Total 22 units)

- 2602sqm

Building E

- storeys

- ceiling height

- unit mix

- floor area

- 2 to 4 storeys

- 4.2 to 11.5 metres

- 3 x 1-bed units, 16 x 2-bed units, 4 x 3-bed units. (Total 23 units)

- 2899sqm

Mt Wilga House

multi-purpose recreation facility for the residents,

meeting rooms,

Doctors rooms,

a one bedroom caretakers residence and

2 car parking spaces (at grade).

Total gross floor area

11659sqm

Site Coverage

24%

Total Communal landscaping

68%

Deep Soil Zone

58%

Private Open Space per unit

12 to 62sqm (average 25sqm)

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

Stage A:

· Alterations and additions to Mt Wilga House;

· Upgrade vehicular and pedestrian links from Rosamond Street to Mt Wilga House;

· Construct Building A and associated basement parking (7 double and 9 single spaces);

· Two temporary visitor parking spaces are on land to be developed as stage C;

· Vehicular access to the Building A basement via the secondary access to Manor Road;

· Waste collection is to occur from the new waste collection area near Mt Wilga House. The caretaker is to transfer bins from the basement waste rooms. Waste vehicles are to collect from the internal round-a-bout;

· Stage A stormwater management is to include the permanent downstream system through Stage B and E onto and down Manor Road. Stormwater is to drain in a westerly direction along Manor Road, and thereafter flow to the existing drainage channel easement between Nos. 37 and 39 Manor Road; and

· Bulk earthworks for Stages A to E.

Stage B:

· Construct Building B, the basement ramp and part of the basement parking (17 double and 1 single residential spaces, 12 visitor spaces, 1 caretakers space); and

· Landscaping of the rear yard (west) of Mt Wilga House including the loop path.

Stage C:

· Construct Building C;

· Expansion of the basement, incorporating an internal driveway linking the Rosamond Street and Manor Road driveways; and

· Additional basement parking (21 double and 3 single residential spaces, 7 staff/visitor spaces and 1 vehicle car wash-bay).

Stage D:

· Construct Building D; and

· Additional basement parking (14 double and 2 single residential spaces).

Stage E:

· Construct Building E; and

· Completion of the basement parking (15 double and 1 single residential spaces).

A comparison of the approved and proposed development is summarised in the table below:

Development Component	Approved (DA/2355/99/A)	Proposed (DA/928/07)	Net Change
Total Units	79	91 (+ 1 caretaker unit)	+ 12units
Aged Housing Unit Mix	13 * 2 bed 66 * 3 bed	3 * 1 bed 76 * 2 bed 12 * 3 bed	+ 3 * 1 bed + 63 * 2 bed - 54 * 3 bed
Total Bedrooms (including studies)	224	191	15% reduction
On-site parking	115 residential 23 visitor/staff 138 total	162 residential 22 visitor/staff 184 total	33% increase
FSR	0.52:1	0.504:1	Similar
Site Coverage	24%	24%	Similar

ASSESSMENT

The development application has been assessed having regard to the ‘2005 City of 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 91 aged care dwellings and would improve housing choice in the locality.

2. STATUTORY CONTROLS

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

2.1 Hornsby Local Environmental Plan 1994

The subject land is zoned Special Uses A (Community Purposes) Zone under Hornsby Local Environmental Plan 1994 (HSLEP). The objectives of the Special Uses zone are:

(a) to provide for the cultural needs of the community,

(b) to identify land for the provision of community services and facilities,

(c) to ensure that community uses are compatible with the amenity of the area in which they are located.

The proposed development is not inconsistent with the zone objectives.

The proposed development is defined as ‘housing for aged or differently abled persons’ under HSLEP and is permissible in the zone with Council’s consent.

There is no floor space ratio (FSR) development standard in Clause 15 for the Special Uses A zone.

Clause 18 of HSLEP sets out heritage conservation provisions within the Hornsby area. The property at 2A Manor Road is identified on Schedule D of the LEP as a heritage item of regional significance. Pursuant to Clause 18(6) the Council must not determine a development application until it has considered a conservation plan for the item. A conservation plan was prepared by Godden Mackay Logan dated June 2006. The development application was referred to the NSW Heritage Council and Council’s Heritage Committee that raised no objection to the proposal.

2.2 State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004

The application was lodged with the Council on 11 July 2007 and seeks consent for the use of the premises for “multi-unit access for life residential dwelling complex for independent aged persons of all mobility levels.” At the time the application was lodged, the provisions of SEPP (Seniors Living) 2004 did not apply to the site as Clause 4 of the Policy did not apply to properties identified as bushfire prone land or properties listed on the State Heritage register. Rather, Council was able to consider the application under the provisions of the Hornsby Shire LEP 1994 that permits ‘housing for aged or differently abled persons’ with consent in the Special Uses A zone.

Amendment No. 2 to SEPP (Seniors Living) commenced on 14 October 2007. At that time the SEPP was modified and renamed SEPP (Housing for Seniors or People with a Disability) 2004. The modified SEPP now applies to land identified as bushfire prone and listed on the State Heritage register. However, the savings provisions in Clause 53 of the SEPP (Housing for Seniors) are not applicable to the application as this only relates to a development application made pursuant to chapter 3.

The applicant submitted modified plans in November 2007 and clarified that the application was not being lodged pursuant to SEPP (Housing for Seniors) 2004.

The SEPP (Housing for Seniors or People with a Disability) 2004 only applies to a development application made pursuant to the policy itself. This is reflected in chapter 3 of the Policy where most of the clauses contained within that chapter are worded as follows:

“A consent authority must not consent to a development application made pursuant to this chapter…”

The application is required to be assessed having regard to the relevant provisions contained with Hornsby Shire LEP 1994 relating to development for ‘housing for aged or differently abled persons’ within the meaning of the definition in HSLEP. The Housing for Seniors SEPP is a relevant consideration as part of the assessment and must be taken into consideration pursuant to section 79C of The Act. However, as the development application is not being made pursuant to the SEPP, any non compliances with the standards contained in the Policy do not give rise to the need for the lodgement of a SEPP 1 objection. The SEPP is a matter for consideration and some weight needs to be given to the Seniors Policy in the determination of the application.

The assessment of the proposal in accordance with the relevant requirements of SEPP (Housing for Seniors), is commented on as follows:

· Clause 26 Location and access to facilities

The Policy requires a public transport service to be available within 400 metres of the site, with suitable gradients along the access route.

Shorelink Bus Service ‘Route 595’ (Mills Avenue and Pacific Highway to Hornsby Station) services the area. The closest bus stop is located on the south side of Carrington Road near the Rosamond Street intersection, 200 metres from the site’s main entrance driveway. The bus stop on the northern side of Carrington Road is 250 metres from the site. This pedestrian route is a relatively flat footpath 1.2 metres wide along most of the route along Rosamond Street. The gradient of the footpath to the bus stop along Carrington Road is 6%, which is accessible. Appropriate conditions are proposed to require upgrading works to the footpath where necessary.

The application also proposes to provide a dedicated ‘shuttle bus’ for the use of residents in addition to the existing public bus service. The shuttle bus would be used for trips for residents between the site and local services (i.e. shops and medical facilities) and for special day trip outings. Appropriate conditions are proposed to ensure compliance with this proposal.

The access arrangements for the development are appropriate.

· Clause 27 Bush fire prone land

The development is on bushfire prone land. The SEPP requires the development to comply with the document ‘Planning for Bushfire Protection’. The application was referred to the RFS as Integrated Development under the Rural Fires Act. The RFS has considered the proposal and does not object to the application and has provided a ‘consolidated bush fire safety authority’ as required under section 100B of the Rural Fires Act 1997. The fire safety authority applies to the entire property.

· Clause 28 Water and sewer

The property is serviced by reticulated water and sewerage.

· Clause 29 Consider site compatibility criteria for applications to which clause 24 does not apply

The proposed use of the site for housing for aged or differently abled persons, that is permissible pursuant to the HSLEP. The proposed use of the land is permissible with consent, is compatible with the natural environment, and the services and infrastructure are able to meet the demands arising from the development with appropriate consent conditions. The impact of the building bulk, scale, built form and character on the locality is assessed in this report.

· Clause 30 Site Analysis

The application plans, Statement of Environmental Effects and accompanying documents provide details on the existing site and locality.

· Clause 31 Design of in-fill self-care housing

The Policy requires Council to take into consideration the provisions of the ‘Seniors Living Policy: Urban Design Guideline for Infill Development’ when considering applications lodged pursuant to the SEPP. The design principles in this guideline are considered in the assessment of the application.

· Clause 33 Neighbourhood amenity and streetscape

The proposed development contributes to the quality and identity of the area and has been designed to harmonise with the heritage significance of the site. The development maintains satisfactory neighbourhood amenity by:

* providing building setbacks to reduce bulk and overshadowing;

* using building form and siting that relates to the site’s land form;

* stepping the building height along the Manor Road frontage to be compatible with the scale of adjacent developments;

* considering the impact of building walls on neighbours by providing appropriate setbacks;

* establishing a suitable front setback that provides a landscape setting for the development; and

* retention of significant trees where reasonable.

· Clause 34 Visual and acoustic privacy

The separation of the buildings from neighbouring residential properties complies with the Residential Flat Design Code (SEPP 65), as detailed in this report.

· Clause 35 Solar access and design for climate

The siting and orientation of the proposed units generally complies with the the Residential Flat Design Code as discussed under the heading of SEPP 65 in this report. Furthermore, a BASIX certificate has been submitted with the application to ensure the design minimises energy use.

· Clause 36 Stormwater

Adequate on-site stormwater detention is proposed.

· Clause 37 Crime Prevention

The applicant submitted a report addressing the principles set out in CPTED (Crime Prevention Through Environmental Design). The development would achieve passive and active surveillance, access control, territorial reinforcement, and space management.

· Clause 38 Accessibility

The proposed development has obvious and safe pedestrian links from the site to public transport services. Adequate access and parking is provided for residents and visitors.

· Clause 39 Waste Management

Adequate waste storage and collection facilities are available.

· Clause 40 Development Standards

The site area of 23,130sqm exceeds the minimum area of 1,000sqm under the Policy.

The property has a frontage of approximately 420 metres to the street, in excess of the minimum 20 metres under the Policy.

The Policy prescribes maximum height controls of 8 metres and 2 storeys for developments in residential zones where residential flat buildings are not permitted. This clause does not apply as the site is zoned Special Uses A, not residential. Furthermore, the clause does not apply as a residential flat building is not prohibited on this site given that multi-unit housing and strata subdivision are permissible land uses with consent.

· Clause 41 Standards for hostels and self contained dwellings

This clause provides development standards to ensure an adequate level of access for people with disabilities. The application includes a Disability Access Assessment report by Access Associates Sydney that addresses the controls in SEPP (Seniors Living).

Clause

Provision

Compliance

2(1)&(3)

Wheelchair access:

100% of the units must have wheelchair access by a continuous path of travel to an adjoining public road and to common areas

Yes

The levels are designed to provide a continuous accessible path from the units to Mt Wilga House.

From Mt Wilga house a 1.5m wide pathway is provided to Rosamond Street with a gradient of around 5%.

2(3)

Security:

Pathway lighting

Yes

Condition of consent.

2(4)

Letterboxes:

Pathway lighting

Yes

Condition of consent.

2(5)

Private car accommodation

If car parking (not being car parking for employees) is provided:

(a) car paces must comply with AS2890, and

(b) 5% of total number must be designed to enable width to be increased to 3.8 metres,

Yes

AS2890.1-1993 requires spaces 3.2m (wide) by 5.4m (long). Each of the units is provided with one resident space that complies with these dimensions. This does not include the additional visitor/staff spaces.

78% of the spaces are designed to enable the width to be increased to 3.8metres+

2(6)

Accessible entry

Every entry must comply with AS4299.

Yes

The Access report advises that the majority of units comply.

Compliance is achievable via a condition of consent.

2(7)

Interior: general

Widths of internal corridors and circulation at internal doorways must comply with AS1428.1.

Yes

The Access report advises that the units appear to comply with AS1428.1.

Compliance via condition of consent.

2(8)

Bedroom

One bedroom to accommodate a wardrobe and queen-size bed and a clear area of at least 1200mm at the foot of the bed and 1000mm wide beside the bed and the wall.

This requires a clear space of 3530mm (w) by 3230mm (l) excluding the wardrobe. The dimensions provided on the plan indicate that some of the main bedrooms are under sized - for example some units are 3100 by 3200mm. Compliance is achievable via condition of consent, that may require some minor internal modifications.

2(9)

Bathroom

At least 1 bathroom to comply with AS1428.1

Yes

The Access report advises that the units can comply with AS1428.1. Compliance via condition of consent.

2(10)

Toilet

Provide a visitable toilet per AS4299.

Yes

The Access report advises that the units can comply with this provision. Compliance via condition of consent.

2(11)

Surface finishes

Slip resistance surfaces.

Yes

Compliance via condition of consent

2(12)

Door hardware

Compliance via condition of consent.

2(13)

Ancillary items

Compliance via condition of consent.

2(15)

Living room and dining room

Circulation space per AS4299

Yes

The DA plans are annotated to show a circulation space with a 2250mm diameter. Compliance via condition of consent

2(16)

Kitchen

Circulation space per Cl.4.5.2 of AS4299

Width of door approaches of 1200mm

Yes

Access report advises that a clear space between benches of 1450mm is acceptable. Compliance via condition of consent.

2(17)

Access to kitchen, main bedroom, bathroom and toilet

N/A

Only applies to multi-storey self contained dwellings.

2(18)

Lifts in multistorey buildings

Yes

Lift access provided. Condition of consent to require compliance with clause E3.6 of the BCA

2(19)

Laundry

Width of door approach to be 1200mm

Clear space in front of applicances of 1300mm

Yes

Access report advises that all units have provision for a washing machine and dryer with a clearance of 1300mm.

2(20)

Storage for Linen

Linen cupboard per AS4299

Yes

Linen cupboards provided. Condition of consent to require compliance.

2(21)

Garbage

A garbage storage area must be provided in an accessible location

Yes

An accessible path of travel is provided to the garbage storage rooms in the basement. Caretaker to transfer bins to the collection area.

· Part 7 - Development standards that can not be used as grounds to refuse consent

This part of the Policy provides controls that can not be used as grounds to refuse consent. However, pursuant to clause 47, this part does not apply to development applications relating to land to which a listing under the Heritage Act 1977 applies.

2.3 State Environmental Planning Policy No. 65: Design Quality of Residential Flat Development

State Environmental Planning Policy No. 65 (SEPP65) establishes design criteria for the assessment of residential flat developments and for residential components of mixed developments. The primary aim of SEPP 65 is to “improve the design quality of residential flat development in New South Wales”. Part 2 of SEPP 65 requires that consideration be given to 10 principles. The following section of the report includes an assessment of the proposed development against these principles.

Principle 1: Context.

The site contains the State heritage listed Mt Wilga House and grounds and is bounded by Mt Wilga Private Hospital to the north, Manor Road to the south, Rosamond Street to the east and low density residential properties to the west.

The Hospital precinct to the north comprises a mixture of 1 to 2 storey buildings with large building footprints characteristic of ‘institutional’ structures. The subject property comprises Mt Wilga House that is predominantly a 1 to 2 storey building. The surrounding residential area comprises detached dwelling houses of 1 to 2 storeys. Therefore the current character of the locality comprises buildings of varying bulk positioned in a landscaped setting, with a maximum building height of up to 2 storeys.

The proposed development comprises five residential flat buildings within a landscaped setting, with a building height ranging from 2 to 4 storeys and a predominant height of 3 storeys. The siting of the proposed buildings respond to the site constraints, provide for the retention of Mt Wilga House and its curtilage and establishes a landscaped setting around the development. A concern raised as part of the community consultation process is that the building height would be inconsistent with the existing character of the locality. The bulk and height of the development is discussed further under ‘Scale’ below.

Principle 2: Scale.

The appropriateness of a development’s height and bulk is most usefully assessed against planning controls related to these attributes, such as maximum height, floor space ratio, site coverage and setbacks, as established by the planning principles established by the Land & Environment Court.

There is an absence of planning controls related to bulk and height for development of housing for aged or differently abled persons within the Special Uses A zone. The planning controls indicate that the intent is to maintain the existing character of the area. However, in this assessment it is also relevant to take into account the form of the (then) SEPP 5 scheme for the site for which development consent already exists (DA/2355/99).

· Height

The surrounding residential area has a predominant building height of up to 2 storeys. The approved development has building heights ranging from 2 to 5 storeys whereas the current proposal has building heights ranging from 2 to 4 storeys, with a predominant height of 3 storeys. Planning principles indicate that buildings do not have to be the same height to be compatible with the locality. Where there are significant differences in height, it is easier to achieve compatibility when the change is gradual rather than abrupt. To address this planning principle, the plans were modified to step back the 3^rd floor of the buildings adjacent to Manor Road and minimise the extent of basement projecting above ground. In addition, the building height along the western interface with the adjacent Residential A zone steps back at the upper levels to provide for a transition in the building height.

Floor Space Ratio

The proposed FSR of 0.504:1 is consistent with the approved development (DA/2355/99) that had an FSR of 0.52:1. It is not appropriate to delete the heritage curtilage area from the FSR calculation as suggested within a resident submission as the land forms part of the DA site and furthermore the redevelopment provides for the long term use and conservation of the heritage property. The difference between the existing and proposed schemes is that the bulk has been resited, improving views to and open space around the heritage item. The Council’s Heritage Committee has advised that “the proposal presents better to the heritage item than the approved proposal”.

Site Coverage

There is no site coverage control guideline in SEPP (Housing for Seniors). A site coverage of 24% is achieved which is consistent with the existing development consent (DA/2355/99). The extent of total communal landscaping of 68% exceeds the minimum development standard of 30% in SEPP (Housing for Seniors). Similarly a deep soil zone of 58% is achieved which exceeds the minimum of 15% prescribed in SEPP (Housing for Seniors). In summary, this scheme has significantly minimised site coverage, resulting in additional building height, in order to establish a generous landscape setting for the proposal and Mt Wilga House.

Setbacks

Front setbacks and the way they are treated are an important element of urban character. Buildings A, C and E adjacent to Manor Road have a variable setback ranging from 5 to 15 metres, with an average setback of 9 metres. This facilitates the stepping of the building bulk and provides for the retention of the majority of established trees along the Manor Road streetscape. The planning controls for the adjacent Residential A zone establishes a minimum front building setback of 7.6 metres (for 2 storey buildings). Furthermore the existing approved development on the site had a predominant 6 metre setback to Manor Road. Therefore the building setbacks proposed are not inconsistent with the desired future character of the area.

Setbacks from side boundaries determine the rhythm of building and void. The siting of buildings A, C and E adjacent to Manor Road comply with the building separation controls in the Residential Flat Design Code (RFDC). Furthermore the siting of the proposed buildings provides for greater separation between the proposed buildings, and between the proposed buildings and Mt Wilga House, as compared to the existing consent (DA/2355/99) enhancing the open setting of the house. For example, the proposed siting incorporates a break between Buildings A and C that allows for the preservation of a view of high historic significance to Mt Wilga House, that was previously removed with the approved SEPP 5 development.

The development is setback 5.5 to 7 metres from the western property boundary with the adjacent Residential A (Low Density) properties. The top floor (level 3) is set back 12 metres from the side boundary. The proposed setback provides for the retention of landscaping along the boundary, is consistent with that achieved with the existing consent, and achieves building separation in accordance with the RFDC.

In summary, the above analysis of the height, floor space, site coverage and building setbacks of the development indicates that the scale of the proposed development provides a considered response to the scale of the existing and approved developments in the locality.

Principle 3: Built Form.

The proposal is an appropriate built form in that it provides a considered response to the scale of the existing and approved developments in the locality; the built form is articulated to minimise incongruous visual impacts on the streetscape; and the development responds to the heritage objectives for the site. (See further discussion under ‘Scale’ above.)

The materials of the proposed apartment buildings are compatible with the locality and include a mix of materials including rendered brickwork on the lower two levels and recessed weatherboard cladding on the upper floor to visually reduce the bulk of the building. The roof pitch and charcoal coloured tiles are compatible with the streetscape. The balconies have rendered up-stands. Aluminium louvered sliding screens are provided to some of the balconies, notably those facing west in Building E. A natural earth colour scheme is proposed to the elevations including beige, browns and greys. This colour scheme is generally consistent with the area.

The built form provides for good internal amenity and outlook as the units are consistent with the provisions of the RFDC. The development provides for an extensive landscape setting, well in excess of the minimum standards indicated in Part 7 of SEPP (Housing for Seniors).

Principle 4: Density.

There is no maximum FSR for the site prescribed in the HSLEP. The proposed FSR of 0.504:1 does not exceed the FSR of 0.52:1 approved with the previous application DA/2355/99. Furthermore the FSR is similar to the densities anticipated for aged housing developments pursuant to the development standards in SEPP (Housing for Seniors). (Also see previous discussion under ‘Scale’ above.)

Principle 5: Resource, energy and water efficiency.

The design of the development is consistent with the provisions of the RFDC that provides guidelines for passive energy efficient design. In addition a BASIX certificate has been submitted which demonstrates that the development would achieve the objectives of water conservation and energy efficiency. A waste management plan has been submitted for the construction phase.

Principle 6: Landscape.

The development application provides an adequate landscaped area in accordance with the RFDC and the standards in SEPP (Housing for Seniors), resulting in a compatible landscape setting for the building.

Principle 7: Amenity.

The development achieves an acceptable level of amenity for the existing and future residents of the locality as the scheme generally complies with the design practice rules of thumb in the RFDC as summarised below:-

Issue	Rule of Thumb	Compliance
Building Depth	Developments that propose wider than 18m must demonstrate how satisfactory day lighting and natural ventilation is achieved.	No Building depths of 25m proposed, therefore the applicant has provided a solar access analysis. ( See discussion below under Solar Access.)
Building Separation	Within a development and between adjoining sites, min building separation of: · 12m between habitable rooms/ balconies · 9m between habitable rooms and non-habitable rooms · 6m between non-habitable rooms	Yes Compliance with the intent of the controls achieved. (See discussion below under ‘Privacy.)
Communal Open Space and Deep Soil Zones	Min 25-30% of the site area to be communal open space. Min 25% of the open space area to be a deep soil zone.	Yes 68% of the site is common open space, with 85% of that area being a deep soil zone (no basement underneath). The siting of deep soil zones provides for tree and shrub planting along the property’s boundaries to create a suitable setting for the development.
Daylight Access	3 hrs of direct sunlight in mid winter to 70% of units living rooms and balconies.	No Living rooms – 54% (3hrs) Balconies – 69% (3hrs) (See discussion below under Solar Access.)
Single Aspect Units	Max 20% units single aspect. Limit single aspect units with a southerly (SW to SE) aspect to a maximum of 10% of the total units.	No Total 24% single aspect units. 11% single aspect units with a southerly aspect. (See discussion below under Solar Access.)
Cross-ventilated units:	60% units (min)	Yes 78% dual aspect units provide for cross ventilation.
Back of kitchen to window	8m (max)	No Extent of variation limited. Majority of apartments comply.
Balcony depth	2m (min)	Yes All units have a useable balcony area with a minimum dimension of 2m.
Ceiling height	2.7m (min)	Yes Complies.
Unit storage	8m³/ unit (2 bed units) 10m³/ unit (3 bed units)	Yes Majority of units comply. Address via condition of consent.

As detailed in the above table, the proposed development does not comply with a number of the prescriptive standards within the RFDC. The matters of non-compliance are detailed below, as well as a brief discussion on compliance with relevant performance standards.

(a) Solar Access

The RFDC and SEPP (Housing for Seniors) 2004 prescribe that developments should aim for 3 hours of direct sunlight in mid winter to living rooms and private open space areas for 70% of units. This control is reinforced in the prescriptive control for building depths.

The development does not comply with the above, and provides the following:

Living rooms – 54% of units (3hrs), 72% of units (2 hrs)

Balconies – 69% of units (3hrs), 85% of units (2 hrs)

The RFDC prescribes that a reduction to 2 hours of direct sunlight to units is acceptable in higher density areas. While the property is not sited within a high density area, relaxation of the sunlight access controls to the units is supported as it minimises the length of the building footprints which has a positive outcome for the setting of the heritage item. The buildings are designed to ensure that cross ventilation is achieved. Furthermore, the design of the proposal is more energy efficient than the existing consent, and is therefore consistent with the objectives of ESD. Accordingly, it is considered that a departure from the development standard is appropriate in the circumstances of the case.

(b) Overshadowing

The siting of the buildings does not result in excessive overshadowing of neighbouring residential buildings or private open space areas. As a guide, the Council’s Low-Density Multi-Unit Housing Development Control Plan requires dwellings to be designed to allow at least 4 hours of sunshine to the private open space required and 3 hours to north facing windows of adjacent dwellings in mid winter between 9am and 3pm. The shadow diagrams submitted with the application demonstrate compliance with the above guideline. Furthermore as the shadow diagrams relate to the original (bulkier) buildings, the extent of overshadowing that would occur would be even less than described below:

Residential Properties to the West – In mid-winter the buildings would overshadow a small portion of the side boundary at 9am, with no overshadowing occurring by 10am. This complies with the above guideline.

Residential Properties to the South – In mid-winter the buildings would overshadow the front yard and façade of buildings to the south of Manor Road at 9am, with overshadowing reducing significantly by 10am to a small portion of the front garden area. There is also limited overshadowing in the afternoon on the front garden at 3pm. This indicates that there would be no overshadowing between 10.30am and 2.30pm in midwinter. This complies with the above controls.

(c) Privacy

The ‘Privacy’ element in the Council’s Residential DCPs prescribes that where windows or balconies of dwellings are within 12m of windows or balconies of other dwellings, some form of screening should be provided to ensure visual privacy. The RFDC (SEPP 65) also prescribes a similar 12 metre separation between habitable rooms and residential balconies to provide visual and acoustic privacy for existing and new residents.

The separation between buildings on site generally complies with the building separation provisions above. Some minor non compliances occur between some of the ground floor terrace areas, which is addressed by 1500mm high fences around the courtyards, as indicated on the landscape plans.

The siting and design of the buildings complies with the above privacy controls as discussed in the following:

Building B to Hospital – balconies are located within 5 metres of the hospital buildings to the north. The adjacent hospital building is a covered outdoor lunch area that has a privacy screen erected along the southern elevation. No privacy impacts.

Building D to Hospital – balconies are located 10 metres from the ward bedroom windows. Fencing and landscaping is proposed along the boundary. Furthermore a site inspection found that these ward bedrooms have tinted glass so that privacy conflicts are limited.

Building E to Hospital – complies with building separation standards. The ward bedroom windows are setback 15 metres from the unit balconies.

Building E to No. 6, 8 &10 Manor Rd – the terraces and balconies are located more than 12 metres from these properties. Privacy along this boundary is enhanced with the retention of existing substantial trees.

Principle 8: Safety and security.

The applicant submitted a crime risk assessment report with the application, as recommended by the RFDC for developments with more than 20 dwellings. The design of the development considers safety by enabling casual surveillance, reinforcing territory, controlling access and managing space.

Principle 9: Social dimensions.

The development provides for a mix of units including 4 × 1 bed, 76 × 2 bed, and 12 × 3 bed units, including the 1-bed caretakers unit.

The RFDC recommends the following minimum apartment sizes can contribute to housing affordability (2 bed units of 70sqm, and 3 bed units of 95sqm). In comparison the majority of the units are well above the minimum areas prescribed above. The larger units have partly resulted from the need to provide adequate circulation for disabled access to satisfy the intent of the development to provide for aged or differently abled persons.

The Council has not adopted any unit mix controls for housing for aged persons.

Principle 10: Aesthetics.

In accordance with the Court’s planning principles on aesthetics, the weight given by the Court to expert opinion on architectural style, form or character should be tested against two main criteria, ie: whether the opinion is mandated by a design code, such as the Residential Flat Design Code or the Burra Charter, or alternatively reflects the subjective preferences of a local community expressed in a local policy, such as a development control plan, and/or whether the opinion is a widely accepted professional view, or at least a view held by a sizable group of professionals, rather than one individual opinion.

The proposal is generally consistent with the design principles in the RFDC. There are no prescriptive DCP controls that prescribe the aesthetics desired for aged housing on the site. The buildings have a clear base, middle and top and materials that are appropriate for the setting. Both the NSW Heritage Office and Council’s Heritage Committee support the development.

2.4 State Environmental Planning Policy No. 11: Traffic Generating Development

The application was not required to be referred to the Roads and Traffic Authority pursuant to Clause 7 of SEPP No. 11 as the property is more than 500 metres from Galston Road and accommodates less than 200 vehicles. Notwithstanding this, the application was referred to the RTA for comment as discussed later in this report.

The provisions of SEPP (Infrastructure) 2007 (which repeals SEPP No.11) does not apply pursuant to the Savings provisions in Clause 11 as this development application was lodged prior to the commencement of SEPP (Infrastructure) 2007 in January 2008.

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

This SEPP requires the Council to implement the aims and objectives of this Policy to the fullest extent practicable when considering development applications relating to urban land. The objectives include to implement a policy of urban consolidation to promote the social and economic welfare of the State. There are no prescriptive controls within this policy.

2.6 State Environmental Planning Policy No. 44: Koala Habitat Protection

This policy aims to encourage the proper conservation and management of areas of native vegetation that provide habitat for koalas. Council’s mapping indicates that the site may be potential koala habitat. The environmental assessment of the application demonstrates that the development would have no impact regarding koala habitat.

2.7 State Environmental Planning Policy No. 55: Remediation of Land

SEPP 55 requires that Council must not consent to the carrying out of any development on land unless it has considered whether the land is contaminated or requires remediation for the proposed use. The applicant has submitted a Contamination Assessment report. The report concluded that the site is suitable for residential development.

2.8 Sydney Regional Environmental Plan 20: Hawkesbury Nepean River

The site is located within the catchment of the Hawkesbury – Nepean Rivers. As such, the land is subject to the SREP No. 20. Part 2 of this Plan contains general planning consideration and strategies requiring Council to consider the impacts of this proposal on water quality, scenic quality, aquaculture, recreation and tourism. The aim of the Plan is to protect the environment of the Hawkesbury – Nepean Rivers system including its water quality. The proposed development would have minimal potential to impact on the water quality of the catchment, with the implementation of management measures for the construction and operational phases of the development. Appropriate conditions are recommended with respect to installation of sediment and erosion control measures prior to and during construction.

2.9 Heritage Development Control Plan

The primary purpose of the DCP is to manage heritage in Hornsby Shire and to provide guidance and outline specific controls for development relating to heritage items.

This application proposes alterations and additions to Mt Wilga House and its use as a communal facility to support the aged housing development. The application was accompanied by a Conservation Management Plan and Heritage Impact Statement by Godden Mackay Logan heritage consultants. The application has been considered by the NSW Heritage Council and the Council’s Heritage Committee and no objections have been raised to the development on heritage grounds.

2.10 Car Parking Development Control Plan

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

The proposal complies with the prescriptive parking rates for housing for aged or differently abled persons. The DCP requires a total of 91 spaces designed for people with disabilities. In comparison the application provides a total of 94 spaces designed for people with disabilities, plus an additional 19 visitor/staff spaces in compliance with conventional minimum dimensions.

2.11 Access and Mobility Development Control Plan

The primary purpose of this DCP is to assist proponents and Council in ensuring the requirements for equitable access are satisfied when building work is proposed. The development is designed to provide suitable access for people with disabilities. (See previous discussion under SEPP (Housing for Aged or Differently Abled Persons).)

2.12 Waste Minimisation and Management Development Control Plan

A waste management plan has been provided and is to be implemented in accordance with recommended conditions consistent with this DCP.

2.13 Sustainable Water Development Control Plan

The DCP aims to achieve the implementation of sustainable water practices into the management of development in the Hornsby Shire. (See discussion under SREP No. 20 above.)

3. ENVIRONMENTAL IMPACTS

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

3.1 Natural Environment

· Threatened Species

The south-western corner of the site has been mapped by Hornsby Shire Council as containing Sydney Turpentine Ironbark Forest (STIF), an Endangered Ecological Community as listed under the Threatened Species Conservation Act 1995. The applicant has submitted a Vegetation Management Plan to address the retention and maintenance of this remnant population. The ecological assessment undertaken by Council has found that the proposal is unlikely to have a significant impact on threatened species, populations, communities and their habitat as listed under the Threatened Species Conservation Act 1995, subject to the implementation of appropriate measures.

· Tree Preservation

There are approximately 40 trees on this site near the proposed works comprising of a variety of species including native Angophora, Eucalyptus, Lophostemon and introduced species such as Cinnamomum. 26 trees are identified as significant.

There are 23 trees located between the new aged housing buildings and Manor Road. These trees are predominantly Lophostemon confertus (brush box) ranging in height from 8 to 20 metres, 13 of which are significant. The application proposes the removal of 8 trees, 1 of which is significant and in good condition. In addition, 2 significant brush box trees that are proposed to be retained may be impacted by the works as they are located less than 4 metres from the proposed buildings. The other trees proposed to be removed are in poor condition.

There are 10 trees located between proposed Building E and the western (side) boundary. These are brush box trees ranging in height from 14 to 18 metres, 8 of which are significant. The application proposes the removal of 2 trees, 1 of which is significant. In addition, 3 significant brush box trees that are proposed to be retained may be impacted by the works as they are located less than 4 metres from the proposed buildings.

In summary, the application proposes the removal of 2 significant trees that are in good condition (Trees No.6, 16) and potentially may impact on 5 significant trees that are proposed to be retained (Tree No. 3,7,8,11,17). Council’s tree assessment concludes that the development would be satisfactory subject to the imposition of appropriate consent conditions that includes replacement planting. The potential impact of the development on trees proposed to remain is addressed by consent conditions that may require excavation for the basement to be undertaken by piering the foundations rather than earth battering. With the imposition of the recommended conditions, a suitable landscape screen and setting to the new buildings along Manor Road and the western boundary would be achieved.

The landscape plan also indicates the removal of a number of other trees through the site, that were not addressed by the applicant’s arborist report. The removal of these trees is not essential to facilitate the current application and the recommended conditions of consent do not support their removal. A subsequent application to remove these trees would be necessary to be lodged with appropriate supporting documentation for Council’s separate consideration.

3.2 Built Environment

An assessment of the setting, siting and design of the building has been previously undertaken in Section 2.0 of this report ‘Statutory Controls’. Other built environment matters not previously addressed in detail are discussed below.

· Heritage

Council’s Heritage Committee raised no objection to the development and provided the following comments in August 2007:

“The proposal is for alterations and additions to the heritage listed house, demolition of minor structures on the site and construction of a multi-unit housing development comprising 88 units. The property is listed as a heritage item (“Mount Wilga” and grounds) of regional significance under the provisions of Schedule D (Heritage Items) of the HSLEP 1994. The property is also located in the vicinity of property No. 45 Rosamond Street (house) and No. 5 Manor Road, Hornsby (suspension bridge) which are listed as heritage items of local significance under the provisions of Schedule D (Heritage Items).

At its meeting on 6 August 2007, the Heritage Advisory Committee compared the approved redevelopment plans to the current Development Application for the Mount Wilga site. The Committee commented that the proposal provides improved view corridors to the heritage house from Manor Road and a more open setting for the heritage house in view of the layout of buildings and the central axis through the site. The Committee noted that the facilitation of multiple vehicle entrances directs vehicles away from the heritage item. Also, that the design of the proposed addition to the rear of Mount Wilga House is improved by its alignment to the existing house. The Committee generally agreed that the proposal presents better to the heritage item than the approved proposal. Accordingly, the Committee resolved that no objection be raised to the proposal on heritage grounds.”

The amended application plans received in November 2007 were referred to the Council’s Heritage Committee. The Committee raised no objection to the amended design and provided the following additional comments:

At its meeting on 4 February 2008, the Heritage Advisory Committee discussed the proposed amendments and commented that the proposed setting back of upper floor units would improve the presentation of the development to Manor Road. It was further noted that the amendments do not alter the siting of proposed multi-storey buildings or the extensions to Mount Wilga House. As such, the Committee reiterated its earlier comments that the proposal provides improved view corridors to the heritage house from Manor Road and a more open setting for the heritage house in view of the layout of buildings and the central axis through the site (as compared to the earlier approved plans). Also, the design of the proposed addition to the rear of Mount Wilga House is improved by its alignment to the existing house, as opposed to the approved plans. Accordingly, the Committee resolved that no objection be raised to the proposal on heritage grounds.”

· Views

The Conservation Management Plan (CMP) prepared for the site, and approved by the Heritage Council, identifies a number of significant views from the public domain towards Mt Wilga House. All the significant views are over the permanent conservation order land (in the east of the property) are retained as part of this application. The one significant view from the public domain to Mt Wilga in the west of the site is over the existing service driveway. The siting of the proposed buildings allows for the vista over the existing service driveway between proposed buildings A and C, to be retained. In comparison, the existing approved consent for the property included buildings that extended along the frontage of Manor Road (outside the permanent conservation area boundary), eliminating the view along the service driveway.

One community submission objected to tree planting along the Rosamond Street frontage as it would block vistas to Mt Wilga House. The proposal would not block all views from the public domain to the property. Rather the landscape plan includes tree planting at 12 to 15 metre centres in the vicinity of Rosamond Street and the establishment of a low 1.2 metre tall hedge along the boundary.

· Traffic

The proposed development would generate 182 additional vehicular movements per day with peak movements of 18 vehicles per hour (based on the RTA’s Guide to Traffic Generating Development).

While the site is currently vacant, the last lawful use was as a Buddist Temple and Administration Centre. The traffic report prepared in 1993 for the Buddist Temple (DA No.689/93) identified that the peak traffic generation of the site was in the order of 30 vehicles on a Sunday and 18 vehicles on a week night. There are no intersection works required as a consent condition for the existing aged housing approval DA No.2355/1999.

The RTA’s recommendation for the current application is to close right turn movements from Carrington Road into Galston Road. This intersection is located 500 metres to the north-east of the property. The RTA argued that this was necessary because of the deficient sight distance and the declined gap selection ability of elderly drivers and the increase in traffic. A recommended condition of consent has been included that requires the applicant to undertake the necessary intersection works.

The applicant’s traffic report of 23 January 2008 advises that “if Council proceeds with banning right turn movements at Carrington Road to address an existing safety concern then upgrading works will be required at the Galston Road/ Clarinda Street intersection.” The traffic modelling of the road network shows that as a result of the proposed development and the need to limit traffic movements at Carrington Road to left in and left out movements, the level of service at the intersection with Galston Road / Clarinda Street would degrade from existing level of service D to level of service F. This is considered to be unsatisfactory and would result in excessive queuing for residents if another control mode is not implemented at this intersection.

Having regard to the necessary intersection works at Carrington and Galston Roads as a result of the development, it may be necessary for Council’s Traffic & Road Safety Branch to liaise with the RTA regarding the possible upgrade of Clarinda Street and Galston Road to a signalised intersection.

· Parking

The parking rates in SEPP (Housing for Seniors) require a minimum of 0.5 car spaces for each bedroom. These controls prescribe a total minimum amount of parking for the development and does not differentiate between resident, visitor and staff spaces. The development provides 191 bedrooms which requires 96 parking spaces in accordance with the SEPP. The proposal provides 94 spaces (designed for disabilities) plus an additional 19 visitor/ staff spaces with conventional minimum dimensions, equating to a total provision of 113 spaces.

Council’s Car Parking DCP prescribes the following parking rates for housing for aged or differently abled persons:

Dwellings < 55sqm = 0.5 spaces

Dwellings 55 to 85sqm = 0.85 spaces

Dwellings > 85sqm = 1 space

The above rates require 91 parking spaces to be provided for the 91 aged units, plus one space for the caretakers unit. The proposed development exceeds this minimum requirement. Therefore the number of parking spaces provided complies with the Council’s DCP controls. Furthermore the majority of these parking spaces (some 71 spaces) are designed to be 5.4 metres wide so that the residents also have the option to use the single disabled parking space as a ‘double’ space if appropriate.

There is no rate prescribed for visitor or employee parking within the car parking DCP. If a visitor rate of 1 space per 5 dwellings for multi-unit housing was applied, an additional 18 visitor spaces would be necessary. The proposed development can provide 21 visitor/staff spaces (19 spaces in the basement and 2 spaces at grade). To address concerns within a community submission that visitor parking would be monopolised by staff in the Mt Wilga communal facility, consent conditions limit staff numbers to address potential external impacts. Furthermore consent conditions limit the activity within the communal facility to uses ancillary to the aged housing development only.

In summary, the development exceeds the minimum carparking required on the site in accordance with the Council’s Car Parking DCP and SEPP (Housing for Seniors). Therefore it is considered that there are no grounds for refusal on the basis of inadequate on-site parking.

· Impact on Existing Easements

The proposed driveway works near the northern boundary are located within a right-of-way and easement for services benefiting the adjacent Mt Wilga Hospital. The driveway requires the removal of an existing east-west pedestrian link to the rear of the Hospital. The Council raised concerns regarding the impact on the Hospital’s access and egress in the event of emergencies as a result of removing this walkway. In response, the applicant proposes to replace the existing pedestrian walkway, with a new structure/ramp located immediately adjacent to the rehabilitation building. A letter was provided from Mt Wilga Hospital raising no concerns with the proposed solution. Pursuant to Clause 13 of HSLEP for the purposes of enabling development to be carried out in accordance with that Plan, any covenant that would otherwise restrict the development does not apply. The variation to the existing covenants is addressed by recommended consent conditions.

· Acoustic Impact

Whilst it is recognised that there would be some increase in noise associated with an increase in development on site, it is considered that the noise increase would not be significant as to warrant a refusal of the application in itself. Any unreasonable or excessive noise is governed by the Protection of the Environment Operations Act 1997. Appropriate conditions are recommended, including a limit on the activities within the communal facility to minimise disturbance to the neighbourhood.

3.3 Social Impacts

The proposal would provide additional housing stock for seniors, in an area with an aging population and a need for such housing. This housing facilitates local residents’ aging in place and continuing their social ties with the community.

3.4 Economic Impacts

The economic impact of the proposed development on the locality is considered minimal and the provision of accommodation for older people would have a positive effect on the local economy.

4. SITE SUITABILITY

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

4.1 Bushfire Risk

Approximately a third of the site is identified as bushfire prone in the south of the site. The main driveway into the property from Rosamond Street is outside the area identified as bushfire prone on Council’s maps.

The application was referred to the Rural Fire Service (RFS) as Integrated Development requiring a bushfire safety authority pursuant to the Rural Fires Act 1997. A number of resident submissions received were concerned about the impact of the development on bushfire safety in the locality. A copy of the submissions received were sent to the RFS on 21 August 2007 and on 25 February 2008. The final submission from the RFS raises no objection to the application.

A number of residents were concerned that a bushfire evacuation plan should be developed for the area and were concerned that the aged housing development would create a traffic bottle-neck during emergencies. The Hornsby Ku-ring-gai Local Disaster Plan (DISPLAN), prepared by The Hornsby Ku-ring-gai Local Emergency Management Committee, currently details the arrangements for the prevention of, preparation for, response to and initial recovery from emergencies within the local government areas of Hornsby and Ku-ring-gai. The consent conditions recommended by the RFS also requires a site specific bushfire evacuation plan to be prepared for the property.

5. PUBLIC PARTICIPATION

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

5.1 Community Consultation

The proposed development was placed on public exhibition and was notified to adjoining and nearby landowners between 26 July 2007 to 16 August 2007. A supplementary notification was undertaken from 27 August 2007 to 6 October 2007. During this period, Council received 63 submissions. In addition one petition with 163 signatures was received.

Amended plans were received in November and placed on public exhibition until 15 February 2008. During this period Council received an additional 42 submissions. This includes a submission from the ‘Mt Wilga Neighbourhood Group’. In addition an additional petition with 177 signatures was received.

The map below illustrates the location of those nearby landowners who made a submission that are in close proximity to the development site.

SUBMISSIONS PLAN
• PROPERTIES NOTIFIED	X SUBMISSION RECEIVED	PROPERTY SUBJECT OF DEVELOPMENT
37 SUBMISSIONS RECEIVED OUT OF MAP RANGE

The submissions objected to the development, generally on the following grounds that the development would result in:

· Development that is excessive in building bulk, height and site coverage;

· Excessive residential density;

· Overflow parking to the surrounding roads;

· Unacceptable traffic on local streets;

· Traffic hazards as the surrounding local streets do not provide for 2 way flow given existing overflow parking from Mt Wilga Hospital;

· An increase in traffic accidents, particularly at the Carrington Road/ Galston Road intersection and the Roper Lane link to Bridge Road;

· A traffic bottleneck during a bushfire from evacuating elderly residents;

· An inadequate landscape setting due to inadequate open space and setbacks;

· The removal of local vistas and views across the property;

· The application failing to provide a site compatibility certificate from the Department of Planning;

· Overlooking residential properties to the west;

· Overshadowing on Manor Road and over properties to the south and west;

· Unacceptable noise from the additional units, traffic and use of the communal/ recreational facility;

· Unacceptable stormwater drainage impacts;

· A scheme that does not adequately provide for aged persons and/or development not being occupied by aged persons;

· An inadequately serviced development with poor sewerage, water etc;

· Removal of the potential for public access to the house and grounds;

· An increase in crime from construction activity and additional residents;

· Pollution from traffic fumes and garbage odours;

· Noise, dust and traffic impacts during an extended construction phase;

· Structural damage to neighbouring properties;

· A precedent for other high-density high rise in Manor Road;

· A decrease in local property values;

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

5.1.1 Existing Parking conflicts

Many submissions raised concerns that Mt Wilga Hospital is not complying with its development consent, resulting in an existing overflow parking problem. Mt Wilga Hospital is not the subject of the current development application and concerns raised are separately being investigated by Council.

5.1.2 Site Compatibility Certificate

Some submissions have argued that the applicant requires a site compatibility certificate from the Department of Planning pursuant to Clause 24 of SEPP (Housing for Seniors). This clause does not apply because a hospital is a permissible landuse within the Special Uses A zone. Furthermore, this clause only applies to development applications made pursuant to this Chapter. As detailed in the report, the application is not lodged pursuant to SEPP (Housing for Seniors) 2004. Rather the proposed use is permissible with consent pursuant to the provisions of the HSLEP.

5.1.3 Drainage

Council’s engineering assessment of the stormwater impacts of the development concludes that the proposal would comply with Council’s requirements in relation to onsite detention and stormwater management. Appropriate consent conditions are recommended. This includes conditions to upgrade the existing drainage system in Manor Road and associated drainage easements.

5.1.4 Occupation of the Units

The assessment and consent conditions would ensure that the units are suitably designed for the elderly or people with disabilities. Some submissions are concerned that the proposed units would be occupied by residents other than those that are aged or disabled. Appropriate conditions are proposed, including a restriction as to user in accordance with section 88E of the Conveyancing Act 1919, to ensure that only seniors and people with a disability are residents.

5.1.5 Inadequate Local Utility Services

Local utilities services such as sewerage, water and electricity are available to the site.

5.1.6 Public Access to the Property

Some submissions argue that Council should purchase this site and that the proposal should provide for public access to the house and grounds. The property was sold by the Commonwealth Government 20 years ago. The property is not zoned for public open space. This is not a valid planning reason to refuse the current development application.

5.1.7 Garbage Odours

The waste from the development is to be stored in the basement. The temporary collection area is located 100 metres from the closest neighbouring residential property.

5.1.8 Construction Impacts

Conditions of consent are recommended to address the impacts of the development during the construction phase.

5.1.9 Structural damage to neighbouring properties

Consent conditions are recommended including a requirement for a dilapidation report to be prepared by a chartered professional structural engineer at the applicant’s expense, detailing the structural condition of adjoining properties, including Council’s property, and their ability to withstand the proposed excavation.

5.1.10 Precedent

All development applications are required to be assessed on their individual merits, taking into account the applicable planning controls. This property is unique in that it is zoned Special Uses A, unlike much of the surrounding area that is zoned Residential A. The surrounding Residential A area is subject to different planning controls. In this respect, approval of the development would not create a precedent in the locality.

5.1.11 Property Values

Concerns were raised that the development would adversely effect the property values of the dwellings in the locality. This is not a relevant matter for consideration under Section 79C of the Act.

5.2 Public Agencies

The development application is Integrated Development under the Act. Accordingly, the application was referred to the following Agencies for comment:

5.2.1 Roads and Traffic Authority

The application does not require referral to the Roads and Traffic Authority (RTA) pursuant to SEPP No.11 – Traffic Generating Development nor does it require referral pursuant to the provisions of SEPP (Infrastructure) 2007. However, the application was referred to the RTA for its advice given potential traffic impacts.

The RTA raised no objection to the application and provided recommendations including that the Galston Road/ Carrington Road intersection be converted into one-way in, or left in/ left out. This is necessary because of deficient sight distances and an increasing accident history that would further increase with increased volumes of traffic. The RTA advised that these roadworks were necessary due to the declined gap selection ability of elderly drivers and the increase in traffic.

In response to the above recommendation, Council enquired with the RTA whether it would agree to the implementation of a round-a-bout at the intersection of Galston Road/ Clarinda Street. The RTA advised that it does not support the construction of a roundabout at the intersection of Galston Road and Clarinda Street as roundabouts are unsuitable at intersections with highly unbalanced traffic flows, such as the subject intersection. If any works are to occur at this intersection the RTA would prefer traffic signals to be installed as they provide a better level of service and with spare capacity. The RTA did not recommend the installation of any works at the Galston/ Clarinda intersection as part of this consent. As the subject development would not have any significant impact upon that intersection, it is not considered appropriate that the cost of these works be burdened upon the applicant.

The RTA’s recommendations are addressed in the consent conditions at Schedule 1.

5.2.2 Rural Fire Service

The application was referred to the Rural Fire Service (RFS) as Integrated Development requiring a bushfire safety authority pursuant to the Rural Fires Act 1997. A number of submissions received were concerned about the impact of the development on bushfire safety in the locality. A copy of the submissions received were forwarded to the RFS.

Initially, concerns were raised by the RFS regarding the proximity of Building A to the bushfire hazard. The applicant submitted additional information for consideration, including radiant heat modelling. The final response from the RFS has raised no objection to the application. The consent conditions recommended by the RFS are included in Schedule 1.

5.2.3 NSW Heritage Council

An application was submitted under Section 60 of the Heritage Act 1977 to the NSW Heritage Council for multi-unit housing on the site in July 2006. The NSW Heritage Council approved the application pursuant to Section 63 of the Heritage Act on 2 March 2007. A development application was subsequently submitted to Council in July 2007, incorporating plans for aged housing similar to the plans approved by the Heritage Council in March 2007. This is the subject of the current report.

Council referred the current development application to the Heritage Council as Integrated Development under the Heritage Act 1977. A number of resident submissions received were concerned about the impact of the development on the heritage significance of the property. A copy of the submissions received were sent to the Heritage Office on 21 August 2007 and 25 February 2008. The Heritage Office has advised Council that the Heritage Council has raised no objection to the development application.

The Heritage Council’s response dated 29 August 2007 advised the following:

“The Heritage Council received a set of preliminary documents for S60 Application No .2006/S60/114 on 27 July 2006. The Heritage Council determined that the scheme could be supported if the façade of the new buildings was redesigned to fit more easily with the Mt Wilga house. This scheme was revised into the form described by the following documents which is very similar to the revised documents referred to the Heritage Council by Hornsby Shire Council…

Hornsby Shire Council referred un updated but very similar scheme to the Heritage Council for comment on 20 July 2007, received on 24 July 2007. The Heritage Council advices that the roof pitch in the drawings sent by Hornsby Shire Council is in accordance with Heritage Council conditions. The schemes are not significantly different from a heritage point of view in other respects, and the Heritage Council has no objection to the scheme described in the following drawings as sent by Council…”

Amended plans were submitted to Council in November 2007 and referred to the Heritage Office for comment. Further minor amendments to the plans were sent in February 2008 and May 2008. This involved shifting some building bulk away from Manor Road and providing details on works required to the property’s Rosamond Street driveway. The Heritage Council raised no objections to these further amendments.

The Heritage Council’s General Terms of Approval (GTAs) are addressed in the recommended consent conditions at Schedule 1.

6. THE PUBLIC INTEREST

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

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

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

7. CONCLUSION

The application proposes erection of a development for Aged or Differently Abled Persons.

This application has been assessed having regard to the Heads of Consideration under Section 79C(1) of the Act, Hornsby Local Environmental Plan and the provisions of the relevant State Environmental Planning Policies. Council does not have a specific Development Control Plan for the proposed use as “housing for aged or differently abled persons” or for the subject zone or area, however, the proposal complies with the general controls in SEPP (Housing for Seniors) and the SEPP 65 Residential Flat Design Code.

The design provides for variable building setbacks to the side and rear property boundaries and the proposal is considered to provide a reasonable outcome for the subject site and surrounding land uses through consideration of height, design and landscaping provided.

Approval of the application is recommended.

SCHEDULE 1

PART 1 – DEFERRED COMMENCEMENT

THE CONSENT SHALL NOT BECOME EFFECTIVE OR OPERATIVE UNTIL THE FOLLOWING INFORMATION IS SUBMITTED TO THE SATISFACTION OF THE COUNCIL. ALL DEFERRED COMMENCEMENT CONDITIONS ARE TO BE COMPLIED WITH WITHIN 1 YEAR FROM THE DATE OF THIS CONSENT.

A. The Right of Way and Easement for Services, burdening the subject property and benefitting the adjoining property to the north shall be either extinguished or modified in such a manner that its modified form will enable the development to proceed without contravening the terms of the Right of Way or the Easement for Services. The right of way is to ensure unencumbered access along the approved pedestrian link to the south of the Hospital’s rehabilitation building for all emergency services at all times and for the egress of the occupants of the rehabilitation building in a fire or emergency situation.

B. The Restriction as to User, burdening the subject property and benefitting the adjoining property to the north shall be either extinguished or modified in such a manner that its modified form will enable the development to proceed without contravening the terms of the Restriction as to User.

C. The easements for drainage, burdening the subject property and benefitting the adjoining property to the north shall be either extinguished or modified in such a manner that its modified form will enable the development to proceed without contravening the terms of the Restriction as to User.

All Section 88B restrictions and covenants created as part of this consent are to contain a provision that they cannot be extinguished or altered except with the consent of Hornsby Shire Council.

PART 2

UPON SATISFACTION OF THE DEFERRED COMMENCEMENT CONDITIONS IN PART 1, THIS CONSENT SHALL OPERATE IN ACCORDANCE WITH THE FOLLOWING CONDITIONS

General Conditions Applying to All Stages

Approved Plans and Supporting Documentation

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

Architectural Plans – Aged Housing Apartments

*Plan No.*	*Rev*	*Drawn by*	*Dated*
Site Analysis Plan 05009/DA001	C	Giles Tribe Architects	19-03-07
Site Plan 05009/DA002	G	Giles Tribe Architects	11-04-08
Basement Plan 05009/DA100	J	Giles Tribe Architects	05-04-08
Level One/ Site Plan 05009/DA101	J	Giles Tribe Architects	18-01-08
Level Two Floor Plan 05009/DA102	G	Giles Tribe Architects	18-01-08
Level Three Floor Plan 05009/DA103	G	Giles Tribe Architects	18-01-08
Roof Floor Plan 05009/DA104	G	Giles Tribe Architects	18-01-08
Site Sections-1 05009/DA400	F	Giles Tribe Architects	09-11-07
Site Sections-2 05009/DA401	F	Giles Tribe Architects	09-11-07
Site Sections/ Elevations 05009/DA402	G	Giles Tribe Architects	18-01-08
Elevations 05009/ DA403	B	Giles Tribe Architects	24-01-08
Walkway for Hospital Access SK100	C	Giles Tribe Architects	July 2008
Section – Walkway SK101	A	Giles Tribe Architects	July 2008

Architectural Plans – Mount Wilga House

*Plan No.*	*Rev*	*Drawn by*	*Dated*
2050602/00 Drawing Index and North Elevation	A	Robertson & Hindmarsh	15.12.05
2050602/01 Ground Floor Plan	E	Robertson & Hindmarsh	Undated (received 11.07.07)
2050602/02 Basement Plan	A	Robertson & Hindmarsh	Undated (received 11.07.07)
2050602/03 Roof Plan	A	Robertson & Hindmarsh	Undated (received 11.07.07)
2050602/04 Elevation	F	Robertson & Hindmarsh	Undated (received 11.07.07)
2050602/05 Elevation	F	Robertson & Hindmarsh	Undated (received 11.07.07)

Civil Plans

*Plan No.*	*Rev*	*Drawn by*	*Dated*
Stormwater Layout Catchment Plan C0101	08	Meinhardt	11.01.08
Stormwater Layout Basement Level C0102	08	Meinhardt	11.01.08
Stormwater Layout Level 1 C0103	08	Meinhardt	11.01.08
Stormwater Layout Manor Road Works C0104	08	Meinhardt	11.01.08
Stormwater Layout 39 Manor Road C0105	08	Meinhardt	11.01.08
Soil and Water Management Stage 1 C0201	08	Meinhardt	11.01.08
Soil and Water Management Stage 2 C0202	08	Meinhardt	11.01.08
Soil and Water Management Stage 3 C0203	08	Meinhardt	11.01.08
Soil and Water Management Stage 4 C0204	08	Meinhardt	11.01.08
Stormwater Detention Details C0301	08	Meinhardt	11.01.08

Landscape Plans

*Plan No.*	*Rev*	*Drawn by*	*Dated*
Landscape Plan LA01	E	Taylor Brammer	18.01.08
Landscape Plan LA02	D	Taylor Brammer	18.01.08
Landscape Plan LA03	D	Taylor Brammer	18.01.08
Landscape Sections LA04	B	Taylor Brammer	18.01.08
Landscape Details LA05	A	Taylor Brammer	18.01.08

*Document No.*	*Prepared by*	*Dated*
Statement of Environmental Effects	Deborah Sutherland Planning	April 2007
Supplementary Statement of Environmental Effects	Deborah Sutherland Planning	November 2007
Shadow Diagrams DA800 9am June 21 DA801 10am June 21 DA802 Noon June 21 DA803 3pm June 21	Giles Tribe Architects
Solar Access Diagrams Basement 05009/DA804 A Level 1 05009/DA805 A Level 2 05009/DA806 A Level 3 05009/DA807 A Level 4 05009/DA808 A	Giles Tribe Architects	11.01.08
Photomontages 3D View – 1 05009/DA-V01 3D View – 2 05009/DA-V02	Giles Tribe Architects	04-02-08
Basix Certificate 172211M	Unknown	29-01-08
Vegetation Management Plan	Cumberland Ecology	January 2008
Bush Fire Safety Compliance Report	Roger Fenwick	July 2007
Schedule of Materials and Finishes Plan: 05009/DAF01B	Giles Tribe Architects	19-03-07
Stage 2 Environmental Site Assessment	Consulting Earth Scientists	5 December 2005
Disability Access Assessment Report	Access Associates	February 2007
Landscape Sections (D00898825)	Taylor Brammer	22 April 2008

Plans on Site

2. A copy of all approved plans, specification and documents (including the construction certificate if required for the work incorporating certification of conditions of approval) shall be kept on site at all times so as to be readily available for perusal by any officer of Council or the Principal Certifying Authority.

Use of the Premises

3. The approved development must be occupied or used solely for the approved use. No separate occupation or use of any part of the approved development shall take place without prior development consent, (other than for exempt or complying development).

4. All activities within the communal facility (Mt Wilga House) are to be ancillary and subsumed by the aged housing development. Any Doctors rooms and the like are to provide services only to those residents living on the property.

5. The use of the communal facility (Mt Wilga House) is to be restricted to those times listed below:

Monday to Sundays 8.00am 10.00pm

This does not include caretaker activities.

6. The communal facility (Mt Wilga House) is to accommodate a maximum of five staff on-site at any one time.

Use of Materials

7. The finished surface materials, including colours and texture of any building and/or hard paved areas, shall blend with the surrounding environment and shall be non-glare.

8. The aluminium louvered sliding screens illustrated on the building elevations are to be designed and installed so that at least half (50%) of the elevation width remains opened at any one time, at each of the balconies. For example, this may require the 4 panelled sliding screen to be reduced to 2 panels wide on Building E (west).

Access & Mobility

9. The development is to be designed and constructed to comply with the standards concerning accessibility and useability for self contained dwellings in Schedule 3 of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004. This may require minor internal modifications to the plans only. A suitably qualified access consultant is to certify compliance with this condition prior to the issuance of a construction certificate.

10. Footpaths from the site to bus stops in the vicinity of the site, shall be constructed on Rosamond Street and Carrington Road in accordance with AS1428 and Austroads, to ensure a continuous path of travel to bus services in accordance with the requirements of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004.

11. The owner of the premises shall provide a dedicated Village Bus Service for the use of the residents of the development. The bus is to be capable of carrying at least 10 passengers and shall operate at least 2 round trips daily from the site to a local centre that provides residents with access to the following:

(i) shops, bank service providers and other retail and commercial services;

(ii) community services and recreation facilities;

(iii) the practice of a general medical practitioner

12. A restriction as to user is to be created under Section 88B of the Conveyancing Act 1919 that limits the occupants of the residential units to ‘housing for aged or differently abled persons’, as defined in the following:

housing for aged or differently abled persons means residential accommodation which may take any building form and may be or include a hostel and which is, or is intended to be used as, housing for the permanent accommodation of:

(a) persons over 55 years of age, or

(b) persons of any age who, as a result of having a mental, physical or sensory impairment, either permanently or for an extended period, have substantially limited opportunities to enjoy a full and active life.

The above restriction does not apply to the caretakers’ unit.

Support for Neighbouring Properties

13. A Dilapidation Report is to be prepared by a chartered professional structural engineer at the applicant’s expense, detailing the structural condition of adjoining properties, including Council’s property, and their ability to withstand the proposed excavation. This report must include any measures required to be incorporated to ensure that no damage will occur during the course of works. The report shall be submitted to the principal certifying authority prior to any excavation works taking place. Such works shall take place in accordance with the recommendations of the report.

14. If an excavation extends below the level of the base of the footings of a building on an adjoining allotment of land, the person causing the excavation to be made must:

i) preserve and protect the building from damage;

ii) if necessary, underpin and support the building in an approved manner; and

iii) at least 7 days before excavating, give notice of intention to do so to the adjoining owner and furnish particulars to the owner of the proposed work.

Fencing

15. The northern property boundary adjoining Mt Wilga Hospital shall be enclosed with a 1.5m fences/screens/walls to protect the privacy of future occupants as well as adjoining owners. The fence/screen/wall is to be erected prior to the occupation of the dwellings. The finished surface materials, including colours and texture, shall blend with the surrounding environment and shall be non-glare.

16. The new sandstone entry gates indicated on landscape plan LA03D is not approved as no elevation details were submitted with the application for assessment purposes. Any such works is to be the subject of a separate application to the Council.

Noise and Dust Control during Construction Phase

17. A Noise and Dust Management Plan (NDMP) must be submitted to Council prior to the issuance of a construction certificate to address noise and dust emission during the construction phase. The NDMP must be prepared by a suitably qualified environmental consultant. The NDMP should address, but not be limited to, the following:

(a) Establishment of maximum prescriptive noise emission and dust emission targets for the construction phase. These targets are to comply with the Protection of the Environment Operations Act and the NSW Environment Protection Authority’s Environmental Noise Control Manual - guidelines for construction sites,

(b) Recommend management measures to be implemented to achieve the targets established in (a) above,

(d) Propose a regular monitoring and review programme by a suitably qualified environmental consultant to ensure the construction complies with noise emission and dust emission targets,

(e) Procedures to record and address any complaints regarding noise and dust;

(f) Propose a reporting system to certify the ongoing compliance of the development with this condition.

Time to Complete Development

18. The works set forth in the plans and specifications and approved under this consent, once commenced, shall be completed within 5 years from the date of commencement.

Building Code of Australia

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

Should there be any alternative solutions listed as Category 2 Fire Safety Provisions and outlined in the Environmental Planning and Assessment Regulation 2000, a fire engineering report should be forwarded to the Brigades for comment under Clause 144 of the Environmental Planning and Assessment Regulation 2000.

Hours of Construction

20. In order to maintain the amenity of adjoining properties, site works shall be restricted to between 7.00 am and 6.00 pm, Monday to Friday and 8.00 am to 1.00 pm Saturday. No work shall be undertaken on Sundays or public holidays. Plant, goods or materials shall not be delivered to the site outside the approved hours of site works unless otherwise approved by Council.

Long Service Levy

21. Under Section 34 of the Building and Construction Industry Long Service Payments Act 1986 any work costing $25,000 or more is subject to a Long Service Levy. The levy rate is 0.35% of the total cost of the work and shall be paid to either the Long Service Payments Corporation or Hornsby Shire Council. Under section 109F (1) of the Environmental Planning & Assessment Act, 1979 this payment must be made prior to a construction certificate being issued.

Fire Safety Schedule

22. In accordance with clause 168 of the Environmental Planning and Assessment Regulation 2000 fire safety measures shall be implemented in the building. A schedule of all proposed and existing Essential Fire Safety Measures to be installed in the building (eg: hydrants, hose reels, exit signs, smoke control systems) shall be submitted with the Construction Certificate application and distinguish between the existing and proposed fire safety measures. Should the Construction Certificate involve the use of an alternate solution, the application must also be accompanied by details of the performance requirements that the alternate solution is intended to meet and the assessment methods use to establish compliance with those performance requirements.

Fire Safety Certificate – Final

23. In accordance with Part 9, Division 4 of the Environmental Planning & Assessment Regulation, 2000, the owner of the building must, on completion of the building, provide Council with a certificate in relation to each essential fire safety or other safety measure implemented in the building.

Fire Safety Statement - Annual

24. In accordance with Part 9, Division 5 of the Environmental Planning & Assessment Regulation, 2000, at least once in each period of 12 months after the date of the first fire safety certificate, the owner shall provide Council with a further certificate in relation to each essential service installed in the building.

Survey Reports

25. To ensure that the building and any associated structures are correctly positioned on the site, a report prepared by a registered surveyor is to be submitted to the principal certifying authority at each level of construction of the building (prior to the pouring of concrete) indicating that the finished floor level is in accordance with the approved plans.

Fire Egress

26. A construction management plan is to be submitted with the Construction certificate application demonstrating that unimpeded egress can be provided from the southern fire exit of the adjoining rehabilitation building in a fire or emergency situation to an open space within the rehabilitation building allotment during construction. Any temporary measures are to remain in place until the permanent egress walkway is constructed.

Construction Certificate – Subdivision/Engineering Works

27. A construction certificate must be obtained from either Council or an Accredited Certifier. Engineering design plans and specifications are to be prepared by a chartered professional engineer for any proposed works. The plans and specifications are to be in accordance with development consent conditions, appropriate Australian standards, and applicable Council standards, in particular “Hornsby Shire Council Civil Works - Design and Construction Specification”. The information that is required to be submitted with a construction certificate is as follows:

(a) copies of compliance certificates relied upon

(b) Four (4) copies of the detailed engineering plans in accordance Hornsby Shire Council's Civil Works - Design Specification 1999. The detailed plans may include but are not limited to the earthworks, roadworks, road pavements, road furnishings, stormwater drainage, landscaping and erosion control works.

(c) Hornsby Shire Council’s approval is required for any works within the road reserve of Manor Rd or Rosamond Rd prior to the issuing of a construction certificate for these works.

(d) Hornsby Shire Council’s approval is required for any works within Council controlled drainage easements prior to the issuing of a construction certificate for these works

Construction Management Plans

28. In order to enable unencumbered movement of traffic in the public road during construction works, a Construction Management Plan, including a Traffic Management Plan and scaled construction plan prepared by a suitably Chartered and Qualified Chartered Engineer and Qualified Worksite Traffic Controller shall be prepared and submitted with the Construction Certificate. The Construction Management Plans shall identify all works for each stage and how to effectively manage the construction traffic for that stage. The plans shall address the following requirements:-

(a) A copy of the plans shall be submitted for consideration and written approval by Hornsby Shire Council’s Manager, Subdivisions prior to the release of the Construction Certificate.

(b) The plans shall detail the order of construction works and arrangement of all construction machines and vehicles being used at the same time during all stages.

(c) In order to prevent injury, accident and loss of property, no building materials, work sheds, vehicles, machines or the like shall be allowed to remain in the road reserve area without written consent of Hornsby Shire Council.

(d) The Plan shall be generally in compliance with the requirements of the Road and Traffic Authority’s “Traffic Control at Worksites Manual 1998” and detailing:-

(i) Public notification of proposed works;

(ii) Long term signage requirements;

(iii) Short term (during actual works) signage;

(iv) Vehicle Movement Plans, where applicable;

(v) Traffic Management Plans;

(vi) Pedestrian and Cyclist access and safety;

(e) The plans shall indicate traffic controls including those used during non-working hours and shall provide pedestrian access and two-way traffic in the public road to be facilitated at all times.

(f) The Applicant and all employees of contractors on the site must obey any direction or notice from the Prescribed Certifying Authority or Hornsby Shire Council in order to ensure the above.

29. Any damage caused to Council's assets in the vicinity of the subject site as a result of construction works associated with the approved development is to be repaired by the applicant/developer prior to the issue of the Occupation Certificate.

30. All service vehicles including garbage trucks, removalist trucks, emergency vehicles and the like are only permitted to use the Rosamond Rd access. The Manor Rd access is to be signposted to prohibit trucks entering or exiting this driveway.

Works As Executed

31. A works-as-executed plan prepared by a chartered professional engineer or a registered surveyor must be lodged with Hornsby Shire Council when the engineering works are complete for each of the different stages, prior to the release of the Occupation Certificate.

Traffic and Access

32. A construction certificate is not to be issued until a left turn only sign and associated infrastructure is erected at Carrington Road to prevent right turns out into Galston Road. This shall be designed and installed to meet the requirements of the Council’s Road and Traffic Safety Branch and the requirements of the NSW Roads and Traffic Authority.

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

34. All off street carparking including the provision of aisle, ramps and access driveways shall comply with Australian Standard AS 2890.1 - 1993 Off Street Car Parking and AS 2890.2 - 2002 Off Street Commercial facilities.

Boundary Planting Hedge

35. Planting along the boundary of the Mt Wilga Heritage Estate (Rosamond Avenue) shall be Photinia glabra ‘Rubens’ planted at 1 metre centres in mulched planter beds. Shrubs to be installed at minimum pot size of 5 litres.

Screen Planting (Manor Road Building)

36. To ensure adequate screen planting is provided to the carpark area adjacent to building along the Manor Road boundary, additional planting shall be provided.

Screen planting to the on-grade landscape setback zone adjacent to Building C must include Twenty (20) additional Syzigium ‘Royal Flame’ planted at 2 metre centres in mulched planter beds. Shrubs to be installed at minimum pot size of 5 litres.

Boundary Planting (Northern Boundary)

37. To ensure adequate tree planting in scale with the proposed building is provided additional planting shall be provided.

Boundary tree planting to the on-grade landscape zone must include Five (5) additional Lophostemon confertus (brushbox) capable of reaching a mature height of 10 metres planted in locations adjacent to building B in mulched planter beds. Trees to be installed at minimum pot size of 25 litres.

Existing Retaining wall to south western Boundary

38. The existing retaining wall in the south west corner of the site shall be retained and protected during construction. Screen planting shall be placed along boundary in front of the wall.

Planter Boxes / On Slab Planting

39. To ensure a sustainable landscape is achieved to on slab planter box areas, they shall include automatic irrigation, subsoil drainage (proprietary drainage cell, 50mm sand and filter fabric), and waterproofing. Soil depths additional to the requirement of subsoil drainage shall be a minimum of 1000mm with a soil volume of 35 cubic metres for trees and a minimum of 500mm for shrubs.

Landscape Works To All Areas – Plant sizes and densities

40. Excepting the above specific requirements, all landscape works shall also meet the minimum construction standards identified in the Hornsby Shire Council Landscape Code for Development Applications including the construction of mulched planter beds, planting of trees in pot sizes as specified on approved plans, shrubs in minimum 5 litre pot sizes and groundcovers in minimum 150mm pot sizes in the densities identified in the submitted planting specification.

Tree Fencing

41. Prior to work commencing, tree protection fencing must be erected around the trees to be retained along the western and southern boundaries at a 3m setback. The tree fencing must be constructed of 1.8 metre cyclone chainmesh fence’. The tree protection fencing must be maintained in good working order until the completion of all building or development works. A statement of compliance from a qualified tree surgeon or environmental consultant shall be submitted to Council prior to the issue of the Construction Certificate.

Excavation

42. To prevent damage to tree roots, parking (vehicles or plant) or placement of building materials (including disposal of cement slurry and waste water) within 3m of all trees to be retained onsite, is strictly forbidden. No tree roots located within the specified tree setback shall be severed or injured in the process of any site works during the construction or landscaping phases of the approved project.

Note: In order to achieve this condition, this may require excavation for basement purposes to be undertaken by piering the foundations (rather than earth battering).

43. Excavation for the installation of any underground service within the specified tree setbacks of all trees on the western and southern boundaries has been approved by Council’s Parks and Landscape Team and shall be carried out by using the thrust boring method only. [ Tunnel boring shall be carried out at least 1 metre beneath natural ground surface and at a setback radius of 3 metres to minimise damage to tree root systems.] The severance of tree roots greater than 50mm in diameter is not permitted. If roots of such diameter are revealed by hand excavation, the applicant must provide Council’s Parks and Landscape team an assessment by a qualified arborist that outlines the likely impact of severing the roots or an alternative location for the service trenching.]

44. Any works undertaken within the specified tree setbacks must be overseen by a qualified and experienced arborist.

Tree Preservation Order

45. A Tree Preservation Order exists within the Hornsby Shire whereby the cutting down, topping, lopping or wilful destruction of any tree exceeding 3.0 metres in height (except where exempt as defined under Council’s Tree Preservation Order ) or substantially altering the soil level around the trunk or within 3 metres of the trunk, without prior written consent is prohibited. Release of the Construction Certificate gives automatic approval to the removal of those trees located on the subject property within 3 metres of the foundation footprint of an approved residential, commercial or community building, garage, inground swimming pool or within the alignment of approved vehicular access or parking area. Other trees shall not be removed or damaged without approval being granted under Council’s Tree Preservation Order. Penalties apply for non-compliance.

Maintain Canopy Cover

46. This application approves the removal of the following trees Nos.2, 6, 13, 13a, 14, 15, 16, 21, 23, and 39 only. To maintain local tree canopy cover, the trees that are approved to be removed along the western and southern boundaries are to be replaced with a Lophostemon confertus (Brush Box). In addition any other tree that later dies or is damaged during or after the development, is to be replaced with a Lophostemon confertus (Brush Box). The planting location shall be in the immediate location of where the tree is removed, but not within 3 metres of the foundation walls of a dwelling or inground pool. The pot size is to be a minimum 100 litres and the trees must be maintained and protected until they reach the height of 5 metres.

Note: The above condition does not exempt the property from the provisions of Council’s Tree Preservation Order. The purpose of the above is to ensure that if any trees decline in the future, they are suitably replaced to maintain the approved landscape setting for the development.

BUSHLAND AND BIODIVERSITY MANAGEMENT TEAM

47. The Landscape Plan prepared by Taylor Brammer, Drawing No. LA01 Revision E, shall be amended and submitted for approval to the Bushland and Biodiversity Team prior to the issuance of a construction certificate. The Landscape Plan shall be amended to remove the gravel maintenance path passing through the Sydney Turpentine Ironbark Forest community to be revegetated under the guidance of the Vegetation Management Plan prepared by Cumberland Ecology, January 2008.

48. The maintenance, revegetation and future management of the Sydney Turpentine Ironbark Forest (STIF), an Endangered Ecological Community as listed under the Threatened Species Conservation Act 1995, shall be undertaken in accordance with the Vegetation Management Plan for 2a Manor Road, Hornsby, prepared by Cumberland Ecology dated January 2008.

49. All erosion and sediment controls (i.e. geotextile sediment fence and straw bales) shall be in place prior to commencement of works so as to protect the adjacent bushland and native fauna habitat. Fencing should comply with the EPA publication ‘Managing Urban Stormwater: Soils & Construction’. Techniques used for erosion and sediment control on building sites are to be adequately maintained at all times and must be installed in accordance with Council guidelines. All techniques shall remain in proper operation until all development activities have been completed and the site fully stabilised. This condition must be complied with during demolition and building work.

50. To protect the bushland and retained trees from potential damage on the development site the applicant is to ensure that a temporary fence shall be erected, prior to commencement of works at 2a Manor Road, Hornsby, to protect the Sydney Turpentine Ironbark Forest (STIF), an Endangered Ecological Community as listed under the Threatened Species Conservation Act 1995, from casual or inadvertent access. The fence shall be constructed from either wire mesh or orange barrier mesh and remain in place until the completion of site works.

WASTE MANAGEMENT

51. The waste and recycling collection point at the roundabout, the waste vehicle standing area and all other modifications to the roundabout must be completed prior to issue of the Occupation Certificate for Stage One.

52. Bin storage areas in the basements must be designed and constructed in accordance with Council’s Waste Minimisation and Management Development Control Plan.

53. The caretaker is to transfer waste bins from the storage areas in the basement to the waste collection area adjacent to the round-a-bout. The transfer of bins is to occur within the site. At all stages of the development, a suitable path of travel is to be provided, which does not include steps. Ramp(s) or roll curb must be used between the different levels between the driveway/truck standing area, the bin collection point and each bin room.

Note: The Stage A plans indicate that the route between the Building A basement and waste collection area incorporates steps. For this stage a suitable temporary link is to be provided on-site outside of the permanent conservation area to facilitate the transfer of waste bins.

54. To confirm compliance with approved Waste Management Plans, prior to issue of the occupation certificate, submit to Council a Report of actual destinations and quantities of waste generated by the works carried out under this development consent. This Report is to be based on Documentary evidence (ie. tipping dockets/receipts from transfer stations and landfills) and be in the format of the Waste Management Plan Section One – Demolition Stage and/or Section Three – Construction Stage. If less than 60% waste was reused or recycled, then this Report must include the reasons why the 60% target was not achieved.

55. Waste from commercial activities on site (including but not limited to medical services) must not be placed in the residential bins and must be disposed of separately to the domestic/residential waste.

56. An easement entitling the Council, its servants and agents and persons authorised by it to enter upon the property and to operate equipment for the purpose of waste and recycling collection services. This easement must be granted in favour of Council prior to the occupation of the development.

Note: An 88(b) instrument is an acceptable form of easement subject to the area effected by the easement not requiring renewal upon sale or transfer at any time.

ENVIRONMENTAL PROTECTION

57. Prior to the release of the Construction Certificate a connection must be made to Sydney Water’s sewerage system for all wastewater from the development.

58. The installation of rainwater tanks and associated plumbing must be in accordance with Sydney Water’s Guidelines for Rainwater Tanks on Residential Properties: Plumbing Requirements, dated April 2003.

59. Any imported soils to the subject site must be Virgin Excavated Natural Material (VENM) as defined in Schedule 1 of the Protection of the Environment Operations Act 1997.

60. All excavated material removed from the site must be classified in accordance with NSW EPA (1999) Environmental Guidelines: Assessment, Classification and Management of Liquid and Non-Liquid Wastes prior to disposal. All excavated material must be disposed of to an approved waste management facility.

61. Council and the PCA must be notified immediately should the presence of asbestos or soil contamination, not recognised during the original assessment process be identified during demolition or construction works.

62. Prior to the issue of an occupation certificate, all mechanical plant equipment must have noise specifications, proposed locations and orientations reviewed prior to installation on the site to ensure that they will not singularly or in total emit noise levels which possess tonal, beating and similar characteristics or which exceeds background noise levels by more than 5dB(A). Should the calculated noise emissions from the mechanical plant equipment be in excess of the set limits, appropriate acoustic treatment must be implemented by a suitably qualified consultant.

63. The sediment basin/s shall be provided and designed to contain 25mm runoff from the 75th percentile, 5-day rainfall event or a 5 year ARI time of concentration storm event, with a volume capacity of water that will enter in 6 minutes, one hour storm event with an additional 20% capacity provided for storage of sediment. The overflow from the sediment basin/s shall be directed into the onsite detention tank. The outlet discharge shall be a slow control discharge (i.e. riser or a sheet flow spillway) designed to discharge at peak flow of a 20 year frequency storm. Trash collection screening filters should be installed at the inlet of the basin.

64. Waters captured in the sediment basin shall be flocculated to ensure that discharges contain no more than 50 millilitres of suspended solids, turbidity is no more than 30 ntu’s and the pH is between 6.5 – 7.5 before being discharged. Gypsum (calcium sulfate) shall be used as the flocculant agent and applied within 48 hours following rainfall events. The flocculant shall be evenly distributed over the surface area of the sediment retention basin. Settled sediment shall be pumped out and disposed of to an approved waste management facility. Approval must be sought from Council prior to discharge into Council’s stormwater system.

65. All headwall outlets shall incorporate flow velocity reduction controls (i.e. bedded boulders and small stones) to minimise erosive and scouring impacts to the watercourse. Accordingly, energy dissipator controls shall be landscaped to accommodate outlet sheet flow (forced jump). No engineering works are permitted within the bed of the watercourse.

66. Dust control measures must be utilised to ensure airborne dust particulates are abated and airborne movement of sediment blown from exposed disturbed areas is contained within the site.

67. Geofabric sediment fencing is to be installed 10 metres downslope running parallel to the proposed works. The sediment fencing shall be secured by post at 2 metre intervals with the geotextile fabric embedded at 200 mm in soil. Two metre returns shall be included at both ends of the sediment fencing.

68. The sediment basin/s primary outlet/s riser shall be designed to discharge at peak flow of a minimum of a 20 year frequency storm. Trash collection devices and a geotextile filter shall also be incorporated.

RURAL FIRE SERVICE

Asset Protection Zone

69. At the commencement of building works and in perpetuity the entire property shall be managed as an ‘Inner Protection Area’ as outlined within Planning for Bush Fire Protection 2006 and the Services document ‘Standards for asset protection zones.’

Water and Utilities

70. Water, electricity and gas are to comply with section 4.1.3 of Planning for Bush Fire Protection 2006.

Access

71. Public Road Access shall comply with section 4.1.3 (1) of Planning for Bush Fire Protection 2006.

Note: The Rural Fire Service clarified that this condition relates to the internal provisions of the future development only and in no way relates to the public roads within the surrounding neighbourhood.

Evacuation and Emergency Management

72. Arrangements for emergency and evacuation are to comply with section 4.2.7 of Planning for Bush Fire Protection 2006.

Design and Construction

73. New construction shall comply with Australian Standard AS3959-1999 ‘Construction of buildings in bush-fire prone areas’ Level 1.

74. Roofing shall be gutterless or have leafless guttering and valleys to prevent the building up of flammable material. Any materials used shall have a Flammability Index of greater than 5.

Landscaping

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

(a) Suitable impervious areas being provided immediately surrounding the building such as courtyards, paths and driveways;

(b) Grassed areas/ mowed lawns/ or ground cover plantings being provided in close proximity to the building;

(c) Restrict planting in the immediate vicinity of the building which may over time and if not properly maintained come into contact with the building;

NSW HERITAGE COUNCIL

76. The garbage area must not be paved with in situ concrete. Precast concrete pavers may be used.

Note: this condition relates to the waste collection area adjacent to the round-a-bout, not to the basement storage areas.

77. An interpretation plan for the site, proportional to the site’s significance, is to be prepared and submitted to the Director of the Heritage Branch to be approved prior to the application for the construction certificate. The interpretation plan shall include relevant historical themes and propose appropriate media and signage, its design and its location on the site. The Plan shall include the management of any possible future acquisition of moveable heritage items and relics with a provenance traceable to this site. The interpretation plan shall be developed in consultation with, and to the approval of, the nominated heritage architect and archaeologist;

78. The Strata Management Statements (or any buildings management documents) for the site are to include By-law(s) or other measures to ensure that ownership of the Mt Wilga’s significant fabric and interpretation signage is by the site’s body corporate, and that significant fabric is protected and conserved in accordance with the Conservation Management Plan, and adequate funds are provided in any building maintenance fund for this work. This information is to be is to be submitted to the Director of the Heritage Branch to be approved prior to the application for an occupancy certificate;

79. A heritage architect is to be nominated for the project. An archaeologist is also to be nominated for the project The name and experience of these heritage consultants shall be submitted to the Heritage Branch for approval prior to the application for the construction certificate;

80. The heritage consultants (as appropriate) shall advise on detail design resolution of new elements fixed to Mt Wilga house, inspect the demolition work to ensure no loss of significant fabric and elements, review the reuse of salvageable material, construction of new elements, and impact of services (to minimise impacts on significant fabric, openings and views) and conformity to the conditions of approval;

81. A report by the consultant shall be submitted to the Director of the Heritage Branch for approval within 1 month of the completion of the works, which describes the work, any impacts/damage and remedial works carried out;

82. The building contract selected for the project shall ensure that the nominated heritage architect has a contractual role as administrator of the contract for works to Mt Wilga House and gardens, with the ability to issue instructions to the contractor;

83. The scope of archaeological work on the site beyond the State Heritage Register boundary should be further discussed with the Heritage Council or its delegate. An application under either S140 or S139(4) shall be submitted and approved by the Heritage Council before the site works may commence. An archaeological Research Design may be required, depending upon the conclusion of these discussions.

84. The monitoring archaeologist shall make periodic inspections as required of the ground disturbance associated with the proposed building and landscaping works in this application affecting parts of the site identified as being of High archaeological potential in the March 2006 Mt Wilga and Grounds Conservation Management Plan.

85. The Applicant must ensure that should any Aboriginal objects be uncovered, excavation or disturbance of the area is to stop immediately and the Department of Environment and Conservation is to be informed in accordance with section 91 of the National Parks and Wildlife Act, 1974.

86. The Applicant must ensure that any excavation which reveals Aboriginal objects is referred to Department of Environment and Climate Change.

87. Prior to the commencement of the proposed works, all contractors and relevant personnel involved are to be made aware of the existence of historical archaeological remains at the site by way of an induction process undertaken by the nominated archaeologist. The induction shall also make the personnel aware of the possibility that more as yet unidentified archaeological remains may still exist and of the requirements of the NSW Heritage Act, 1977 in relation to archaeological relics in the event that they are uncovered.

89. Suitable clauses, prepared in consultation with the nominated heritage consultants, are to be included in all contractor and subcontractor contracts to ensure that on-site personnel are aware of their statutory obligations in relation to the relics provisions of the NSW Heritage Act, 1977 and the National Parks and Wildlife Act, 1974 concerning Aboriginal archaeology in the event that any material is disturbed or exposed during site works;

90. If any unidentified historical archaeological remains or deposits are exposed during the works other than remains of mid twentieth-century (or later) buildings, excavation is to cease immediately in the affected areas and the nominated archaeologist is to be notified to undertake an evaluation of the potential extent and significance of such relics. The Heritage Branch is to be notified in accordance with Section 146 of the Heritage Act. Additional assessment and approval may be required prior to works continuing in the affected area(s) based on the nature of the discovery.

91. In the event of archaeological relics being exposed on the site, the relics should be appropriately documented according to the procedures outlined in the investigation strategy accompanying the application for any excavation permit or exception.

92. An archival record of the elements of the house and garden to be opened up or otherwise affected by these works, in accordance with Heritage Branch guidelines for items of State significance, is to be submitted to the Executive Director of the Heritage Branch for approval within 3 months of the completion of the works. One copy of the archival record shall be deposited with each of the Heritage Branch and Hornsby Shire Council’s local studies collection.

93. Significant building elements, features, fixtures, fittings and fragile materials shall be adequately protected from potential damage during the works. Protection systems must ensure historic fabric is not damaged or removed;

94. The installation of new services to Mt Wilga house shall be carried out in such a manner as to minimise damage to, or removal of historic fabric, and shall not obscure historic features. Any penetrations through heritage fabric for pipes and ducts should be prevented. New services should avoid significant spaces, views and fabric;

95. A section 65A application (enclosed) under the NSW Heritage Act, 1977 must be forwarded to the Heritage Council and be approved before these works may commence. One set of A3 size drawings must also be included.

Rosamond Street Driveway

96. To retain the significant setting and formal landscape qualities of the driveway and grounds to Mt Wilga, a retaining wall is to be constructed between the Rosamond Street entry to the property to the entry to the roundabout within the site. The retaining wall is to be constructed of sandstone to match the existing character and materials of “Mt Wilga”. Construction details are to be submitted to and approved by Hornsby Council prior to the issuance of a Construction Certificate.

97. The driveway surface is to be relaid in an appropriate material in the form of either black bitumen or AC.

Note: this condition relates to the Rosamond Street driveway. Condition No. 101 requires the driveway surface to be Asphaltic concrete (AC).

DEVELOPER CONTRIBUTIONS

98. The payment of a contribution towards the cost of transport and traffic management, open space and recreation facilities, library and community facilities, bushland regeneration, stormwater drainage, civic improvements and section 94 plan administration in accordance with sections 94, 94A and 94C of the Environmental Planning and Assessment Act, 1979 and the Hornsby Shire Council’s Development Contributions Plan 2007-2011. The contributions for the five (5) construction stages of the development shall be as follows:

Stage A: 17 dwellings @ $9,191.95 – Total $ 156,263.15;

Stage B: 14 dwellings @ $9,191.95 – Total $ 128,687.30;

Stage C: 16 dwellings @ $9,191.95 – Total $ 147,071.20;

Stage D: 22 dwellings @ $9,191.95 – Total $ 202,222.90;

Stage E: 23 dwellings @ $9,191.95 – Total $ 211,414.85;

The contribution is to be paid by the end of the financial quarter in which the development application was determined and prior to the issuing of a construction certificate for each respective Stage, whichever occurs first. The contribution will be adjusted in accordance with the underlying consumer price index for the subsequent financial quarters.

Note 1: It is recommended that you contact Council on 9847 6030 to ascertain the indexed value of contributions prior to payment.

Note 2: Council’s Contribution Plan can be viewed at www.hornsby.nsw.gov.au/Building & Development, or a copy may be inspected during business hours at the first floor of Hornsby Shire Council’s Administration Building located at No. 296 Pacific Highway, Hornsby.

Additional Conditions Applying to Stage A

Access Way/Driveway

99. A separate application under the Local Government Act 1993 and Roads Act 1993 must be submitted to Council for approval for:-

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

This application can only be submitted by one of Council’s Authorised Vehicular Crossing Contractors. You are advised to contact Council’s Works Division on (02) 9847 6940 to obtain a list of Council’s Authorised Vehicular Crossing contractors.

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

100. The concrete vehicular crossing within Rosamond St shall be a minimum of 200mm in depth reinforced with 2 layers of F72 steel reinforcing fabric.

The vehicular crossing in Rosamond St shall have a minimum width of 9m at the property boundary alignment in accordance with AS 2890.2. The maximum grade across the footpath area and the first 6m from the property boundary are to have a maximum grade of 1 in 20. The existing footpath in Rosamond St is to be removed and reconstructed so as to achieve a maximum grade across the footpath of 4%.

101. Construction of the proposed access driveway from Rosamond St in accordance with the following requirements:-

(a) Construction of an Asphaltic concrete (AC) sealed driveway from the property boundary to the entry of the underground carpark. The AC seal shall also be extended through the roundabout in front of the Mt Wilga house. The pavement shall be designed and constructed in accordance with Council’s Civil Works Specification.

(b) The pavement width shall be a minimum width of 6.5 metres in accordance with AS 2890.2 to allow vehicles, including service vehicles, to pass.

(d) Construction of retaining walls, as required to support the carriageway and the compaction of all filled batters to the requirements of a practising geotechnical engineer.

(e) The provision of a safety rail at appropriate locations along the carriageway where there is a level difference between the driveway and the adjoining ground level of more than 300 mm or a 1:4 batter cannot be achieved.

102. The vehicular crossing within Manor Rd shall be designed and constructed in accordance with Council’s Civil Works - Design and Construction Specification 1999 and AS 2890.1.

103. The concrete vehicular crossing within Manor Rd shall be a minimum of 150mm in depth reinforced with F72 steel reinforcing fabric.

104. The vehicular crossing shall have a minimum width of 5.5m at the property boundary alignment.

105. Construction of the access driveway in Manor Rd in accordance with the following requirements:-

(a) Construction of 150mm thick reinforced concrete pavement with 150/100 mm sub base.

(b) The pavement width shall be a minimum width of 5.5 metres.

106. Any redundant gutter and/or footway crossing must be replaced with integral kerb and gutter. The footway area must be restored by turfing. Works are to be completed prior to occupancy or the issue of a subdivision certificate, whichever occurs first.

Access to Public Transport - Footpath improvements for disabled access

107. A 1.2m wide footpath and pram ramp/s are to be constructed to provide a continuous accessible path from the site to the bus stop at the corner of Carrington Street and Rosamond Street. This will require but is not limited to new footpath works adjacent to No.50 Rosamond Street and No.35 Rosamond Street, and the extension of the footpath to the kerb at Carrington Street. Detailed plans of the upgrading work are to be provided to Hornsby Shire Council prior to the issuance of a construction certificate. This is to include certification from an access consultant that the overall average gradients comply with Clause 26(3) of SEPP (Housing for Seniors or People with a Disability) 2004. These works are to be designed and constructed in accordance with Hornsby Shire Council’s Civil Works Specification. An occupation certificate is not to be issued until these works are completed.

Drainage

108. Stormwater drainage from the site shall be designed and constructed to satisfactorily drain rainfall intensities for an average recurrence interval of 20 years. The design shall:-

(a) Be in accordance with Hornsby Shire Council Civil Works – Design Specification 1999 and generally in accordance with plans prepared by the Meinhardt Group Job No 9367 revision 08. The designing engineer is to complete and submit to Hornsby Shire Council the Design Certification Report as required in the Hornsby Shire Council Civil Works – Design Specification 1999

(b) Provide for drainage discharge to the existing drainage system in Manor Rd.

(c) Ensure that the development, either during construction or upon completion, does not impede or divert natural surface water runoff so as to cause a nuisance to adjoining properties.

(d) Ensure that the stormwater drainage pipes are located under the existing kerb and gutter in accordance with standard practise.

(e) Provide for a minimum pipe size of 375mm. The bedding material for the bed, haunch, overlay and side zones shall be 20mm aggregate and covered with geotextile fabric.

(f) The existing kerb and gutter above the proposed pipeline within Manor Rd is to be removed and reconstructed in accordance with the Hornsby Shire Council’s Civil works Specification and all areas, including private properties are to be restored to as near as practicable to the pre construction condition following completion of the works.

(g) All works within the open channel section of the Drainage Easement are to be constructed in accordance with Hornsby Shire Council’s Sustainable Water DCP.

(h) Adequate notice of the intention to commence works is to be given to all affected residents. Details of this notice are to be given to Hornsby Shire Council.

(i) All stormwater drainage works within the public road reserve and private properties other than the subject property are to be inspected by Hornsby Shire Council at the “Hold Points” as detailed in the Hornsby Shire council’s Civil Works Specification.

(j) A Traffic Control Plan is to be prepared and submitted with the engineering plans addressing traffic control within Manor Rd.

(k) It should be noted that no works are to commence within the road reserve of Manor Rd or the Council’s drainage without the written approval of Hornsby Shire Council.

109. The drainage system is to be constructed with an on-site-detention system, having a capacity of not less than 250m³ and a maximum discharge, when full, of 520 l/s. The system shall be designed by a chartered professional civil engineer to the following requirements:

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

* Stormwater discharge from the detention system is to be controlled via a one metre length of pipe not less than 50mm diameter discharging into a larger diameter pipe capable of carrying the design flow to Council's gutter/stormwater pit.

* Where the on-site detention system is proposed under the vehicular driveway, the engineer is to certify that the detention tank is structurally capable of withstanding the maximum anticipated traffic loads.

* An overland flowpath is to be provided to allow undetained flows to flow directly to Manor Rd.

* A minimum height of 2.0m is to be provided above the inspection grates to allow access into the detention tank for maintenance and inspection purposes.

110. A compliance certificate is to be submitted to Council which includes work-as-executed details of the on-site-detention system prepared by a chartered professional engineer/registered surveyor verifying that the required storage and discharge volumes have been constructed in accordance with the design requirements. The details are to show the invert levels of the on system as well as the pipe sizes and grades. Any variations to approved plans must be shown in red and supported by calculations.

Additional Conditions Applying to Stage E

Roadworks

111. The existing kerb, gutter and footpath across the frontage of the site in Manor Rd and Rosamond Rd are to be removed and reconstructed. The footpath is to be lowered so that a uniform grade of 4% from the top of kerb to the boundary is achieved. 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 Occupation Certificate for Stage E.

112. A concrete median island is to be designed and constructed in Galston Road at the intersection with Carrington St to prohibit right turn movements into and out of Carrington St. The design of the median island is to be carried out in accordance with the RTA’s Road design Guide and is to be approved by the RTA prior to the issue of an approval by Hornsby Shire Council under section 138 of the Roads Act and prior to the issue of a Construction Certificate for this work. The work is to be completed prior to the issue of the Occupation Certificate for Stage E.

Footpaths

113. A 1.2m wide concrete footpath shall be designed and constructed across the frontage of the site in manor Rd and Rosamond St in accordance with Hornsby Shire Council Civil Works Design and Construction Specification 1999. The work is to be completed prior to the issue of the Occupation Certificate for Stage E.

ADVICES

(i). There is no new fencing proposed or approved along Manor Road or the western property boundary. Any such works is to be the subject of a separate application to the Council.

Note: Fencing is not exempt development pursuant to Council’s Exempt and Complying Development DCP as the property is a heritage item pursuant to Schedule D of the Hornsby Shire LEP 1994.

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	Landscape Plans
4.View	Floor Plans
5.View	Shadow Diagrams
6.View	Mt Wilga House Plans
7.View	Letter - Community Consultation

File Reference: DA/928/2007

Document Number: D01051742

Planning Report No. PLN248/08

Date of Meeting: 17/12/2008

3 DEVELOPMENT APPLICATION - RETIREMENT VILLAGE (GLENHAVEN GREEN)
599 - 607 OLD NORTHERN ROAD GLENHAVEN

Development Application No:	1709/2007
Description of Proposal:	Retirement Village (Glenhaven Green) comprising 154 independent living units, community facility and ancillary works
Property Description:	Lot 2 DP 1123753 (No. 599 – 607) Old Northern Road, Glenhaven
Applicant:	Anglican Retirement Villages
Owner:	Anglican Retirement Villages
Statutory Provisions:	Hornsby Shire Local Environmental Plan 1994 Rural BA (Small Holdings – Agricultural Landscapes) Zone State Environmental Planning Policy (Housing for Seniors or People with a Disability) State Environmental Planning Policy No. 11: Traffic Generating Development Sydney Regional Environmental Plan 20: Hawkesbury Nepean River
Estimated Value:	$57,724,099
Ward:	A

RECOMMENDATION

THAT Development Application No. 1709/2007 for the construction of a Retirement Village (Glenhaven Green) comprising 154 independent living units, community facility and ancillary works at Lot 2 DP 1123753 (No. 599 – 607) Old Northern Road, Glenhaven be approved subject to the conditions of consent detailed in Schedule 1 of this report.

EXECUTIVE SUMMARY

1. The application proposes the staged construction of 154 aged housing units and ancillary facilities at the Anglican Retirement Village (Glenhaven Green).

2. The property was previously approved for 148 aged housing units under SEPP No. 5 pursuant to DA/735/2002, DA/539/2003 and DA/2450/2003 (as amended).

3. The proposal complies with the provisions of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004, with minor modification via the recommended consent conditions.

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

5. It is recommended that the application be approved.

HISTORY OF THE SITE

The property is owned by the Anglican Retirement Village and is subject to three (3) consents for self-care dwellings for the aged or differently abled persons, known as DA No. 753/2002, DA No. 539/2003 and DA No. 2450/2003.

On 1 April 2003 the Land and Environment Court approved Development Application No.753/2002 for ‘the erection of 130 self-care dwellings under SEPP No.5’ on No.599 - 601 Old Northern Road This application was subsequently amended with Council consent on a number of occasions from 2005 to 2008. These modifications included alterations to the unit design, a reduction to 122 units, removal of many trees impacted by road widening works, and a consolidated driveway with traffic signals. The consent approved the staged construction of the development, that has since commenced on the site.

On 15 October 2003, Council approved Development Application No.539/2003 for the ‘demolition of existing buildings, construction of a SEPP 5 Development comprising 38 (3-bed) self care dwellings, associated carparking and site works’ on No.607 Old Northern Road.

On 29 October 2004 the Land and Environment Court approved Development Application No.2450/2003 for “the construction of a SEPP 5 development comprising 38 (3-bed) self care units, community centre with aged care facilities’ at No.603-605 Old Northern Road.

In 2006 the Anglican Retirement Village purchased the three properties benefitting from the SEPP No.5 consents, seeking to consolidate and re-masterplan the approved development. However a modification to SEPP (Seniors Living) 2004, gazetted in November 2006 prohibited self-contained dwellings in this locality, creating legal impediments to lodging a fresh masterplan application.

SEPP (Seniors Living) has now been amended. The purpose of the current application is to rationalise and redesign the three approved developments.

THE SITE

Lot 2 DP 1123753 is a 9.85 hectare site located on the north eastern side of Old Northern Road at Glenhaven.

The property is an irregular shape with a frontage of 344m to Old Northern Road and a depth from Old Northern Road of up to 445m. The property is an undulating site bisected by two watercourses. The first watercourse is located approximately 150 metres from Old Northern Road, flowing in a south-easterly direction from the Flower Power dam towards the side (eastern) property boundary, surrounded by Blue Gum High Forest. The second watercourse is located in the rear of the site, flowing from north to south. This secondary watercourse is currently a grass swale.

The existing trees within the site consist of a mix of exotic and local indigenous species. Dominant indigenous tree species within the locality include Eucalyptus saligna (Sydney Blue Gum), Eucalyptus pilularis (Blackbutt), Syncarpia glomulifera (Turpentine) and Eucalyptus paniculata (Grey Ironbark).

The site previously contained three single-storey dwelling-houses and a number of outbuildings. Work has commenced on the site for a retirement village in accordance with DA No. 753/2002. To date, an interim occupation certificate has been issued for 50 units on site.

The site is serviced with water and electricity. A sewerage service is available on the opposite side of Old Northern Road within The Hills Shire Council.

A retail nursery ‘Flower Power’ adjoins the site’s western boundary, and rural-residential properties adjoin to the north and east. The land to the southwest of Old Northern Road comprises 1 to 2 storey residential development within The Hills Shire Council.

The rear north-eastern corner of the property adjoins No.593 Old Northern Road which was approved by the Land and Environment Court for 83 aged housing units pursuant to SEPP No.5 under DA No.513/2004. This property is also currently owned by the Anglican Retirement Village, however it is not part of this application.

THE PROPOSAL

The proposal seeks consent for:

· The phased construction of housing for aged or differently abled persons comprising 154 self contained dwellings comprising 20 x 2-bed dwellings and 134 x 3-bed dwellings. These dwellings are sited in 1 to 2 storey buildings.

· The construction of a central communal building comprising administrative offices, café (96 seats), lounge/ multi-purpose room (56 seats), computer library room and games room, kiosk, chapel (80 seats), hair & beauty salon, 3 consulting suites and an indoor pool/gym. Three separate smaller meeting rooms are distributed through the village.

· Provision of 278 on-site parking spaces comprising:

Ø 154 resident car parking spaces (the scheme includes some double garages which are 6m wide, hence these are calculated as a single space pursuant to SEPPSL)

Ø 38 (private) on-street parking spaces (including 14 spaces adjacent to the community centre) and

Ø 86 tandem (stacked) car parking spaces (located in resident’s driveways).

· Ancillary works and landscaping.

The development is proposed to be constructed in five phases as follows:

Stage 1: 50 dwellings have already been construction pursuant to DA/753/2002 (comprising 4 x 1-bed, 21 x 2-bed and 25 x 3-bed units). The current application involves some very minor modifications to the approved ‘Stage 1’ works including the deletion of 6 on-street parking spaces and modification to the stormwater detention basin.

Stage 2: Construction of 54 dwellings, the central community facility, ancillary roads and garbage/meeting rooms. This comprises 20 x 2-bed units and 34 x 3-bed units. Construction of 54 resident parking spaces (garage), 19 on-street visitor spaces, 21 tandem resident/ visitor spaces, and 14 spaces adjacent to the community centre. Works to the riparian area (Blue Gum High Forest) creek. The application also proposes “site works” in part of Stages 3 and 5. This includes the construction of the loop road (Blue Gum Drive) to ensure appropriate access for service/ garbage vehicles and the like.

Stage 3: Construction of 57 x 3-bed dwellings, ancillary roads and garbage/meeting rooms. Construction of 57 resident parking spaces (garage), 3 on-street visitor spaces, 33 tandem resident/ visitor spaces. Works to the riparian area (creek to the rear).

Stage 4: Construction of 20 x 3-bed dwellings, ancillary roads and garbage/meeting rooms. Construction of 20 resident parking spaces (garage), 17 tandem resident/ visitor spaces, and 2 on-street visitor spaces. Drainage from the Flower Power Dam to the blue gum high forest creek is located within this stage.

Stage 5: Construction of 23 x 3-bed dwellings, ancillary roads and garbage/meeting rooms. Construction of 23 resident parking spaces and 15 tandem resident/ visitor spaces.

A comparison of the approved development with the current scheme is summarised in the following table:

TABLE: Comparison of the Approved and Current Development Proposal

Approved Development

DA/753/02, DA/539/03

DA/2450/03

Proposal –

Stage 1 &

new Stages 2-5

Net Change

Unit Mix

1-bed

2-bed

3-bed

Total Units

111

198 units

159

204 units

-42

+48

+ 6 units

No. Bedrooms

503 beds

563 beds

+ 60 beds

Gross Floor Area (m²)

Stage 1 (DA753)

Stage 2 (DA753)

603 (DA2450)

607 (DA539)

5736 m²

9530 m²

5604 m²

5968 m²

5736 m²

7922 m²

7248 m²

6840 m²

Total Gross Floor Area

26,838m²

27,746m²

+908m²

FSR

0.27:1

0.28:1

Community Facility (m²)

740 (DA753)

193 (DA2450)

187 (DA539)

1,120m²

1,405m²

+ 285m²

Total Parking

154 (DA/753) +

77 (DA/2450) +

84 (DA/539)

315 spaces

59 (Stage 1) +

278 (Stage 2-5)

337 spaces

+ 22 spaces

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 154 dwellings and would improve housing choice in the locality. It would also provide for some local employment in support services for the elderly residents.

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 Rural BA (Small Holdings - Agricultural Landscapes) under Hornsby Local Environmental Plan 1994 (HLEP). The objectives of the zone are:

(a) to restrain population growth, maintain the rural character of the area and ensure that existing or potentially productive agricultural land is preserved.

(b) to promote agricultural use of land and provide for a range of compatible land uses which maintain the agricultural and rural environment of the area.

(c) to ensure development is carried out in a manner that improves the environmental qualities, and is within the servicing capacity, of the area.”

The proposed development is defined as ‘housing for aged or differently abled persons’ under the HSLEP and is prohibited in the zone. The proposal is also inconsistent with the zone objectives. However, the land use is permissible if the development complies with SEPP (Seniors Living) as discussed at section 2.2 of the report and to the extent of any inconsistency between the LEP and the SEPP, the SEPP prevails.

Clause 18 of HSLEP sets out heritage conservation provisions within the Hornsby area that identifies the property as a heritage item of local significance (Pine Trees along Old Northern Road). Council’s heritage assessment concludes that the proposal would not have any adverse heritage implications.

2.2 State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004

The application has been assessed against the requirements of State Environmental Planning Policy Housing for Seniors or People with a Disability 2004, (SEPP Seniors Living). This Policy provides State-wide planning controls for the development of housing for the aged and disabled.

In September 2007, SEPP Seniors Living was amended to include savings and transitional provisions in Clause 53, to permit the lodgement of a new masterplan DA for the site. Pursuant to Clause 17 and Clause 53, development of the site for ‘serviced self-care housing’ is now permissible with consent, which is defined as follows:

“Serviced self-care housing is seniors housing that consists of self-contained dwellings where the following services are available on the site: meals, cleaning services, personal care, nursing care.”

An assessment of the development against the other relevant provisions of the SEPP is provided below.

2.2.1 Clause 24 Site compatibility certificate required for certain development applications

As the land is zoned ‘Rural’, and adjoins land zoned primarily for urban purposes, the Council is not to consent to the development application unless the Director-General Department of Planning has issued a site compatibility certificate. A site compatibility certificate was issued by the Director General on 25 November 2008.

2.2.2 Clause 26 Location and access to facilities

The consent authority is to be satisfied by written evidence that residents of the proposed development will have access to:

(a) shops, bank service providers and other retail and commercial services that residents may reasonably require, and

(b) community services and recreation facilities, and

(c) the practice of a general medical practitioner.

The proposal complies with ‘Access’ requirements within this clause if a public transport service (bus stop) that will take those residents to the above facilities, is sited within 400 metres of the site.

Hills Bus Service Route 642 and 654 provide daily bus services to Dural Round Corner shops and the City. The traffic report details other buses that travel past the site along Old Northern Road that would link to the round corner shops. The applicant has advised that there are no formalised footpaths at Old Northern Road, however, paths/ crossings are to be installed as part of Stage 1 building works. Consent conditions require all works to Old Northern Road to be completed prior to occupation to ensure that the access arrangements comply with the SEPP. This requires upgrading of pedestrian footpaths to bus stops to satisfy the requirements of SEPP Seniors. Access to the bus stop is to be via a suitable access pathway.

The application also proposes to provide a dedicated shuttle bus for the use of residents in addition to the existing public bus service. The shuttle bus would be used for trips for residents between the site and local services, including access to ARV Castle Hill. Appropriate conditions are proposed to ensure compliance with this proposal.

With the application of these consent conditions, the access arrangements for the development are appropriate.

2.2.3 Clause 28 Water and sewer

The property is serviced by reticulated water. Sewerage is to be provided by linking into the Sydney Water system on the southern side of Old Northern Road. Sydney Water has not requested any specific conditions at this stage in the development process. This matter is addressed by consent conditions as is typically the case. Notwithstanding, it is noted that Sydney Water did not raise concerns with the previous (approved) schemes.

2.2.4 Clause 30 Site analysis

The application plans, Statement of Environmental Effects and accompanying documents provide details on the existing site and locality consistent with the requirements of this Policy.

2.2.5 Clause 33 Neighbourhood amenity and streetscape

The development’s impact on neighbourhood amenity and streetscape would be comparable to the three existing development consents for the property (with appropriate consent conditions). The suitability of the development’s design is assessed in detail elsewhere in this report.

2.2.6 Clause 34 Visual and acoustic privacy

The site is separated from neighbouring residential development by Old Northern Road and landscape buffers are provided along the boundaries to facilitate privacy to adjoining rural residential properties. The boundary setbacks and unit design adjacent to Old Northern Road are comparable to the existing development consents. An acoustic report was submitted with the application which recommends acoustic treatment to those units that would otherwise be affected by road noise. Acoustic treatment to the proposed units is recommended as a condition of consent.

2.2.7 Clause 35 Solar access and design for climate

The siting of the buildings would not result in excessive overshadowing of neighbouring properties. The units are designed and oriented to provide some solar access to private open space areas. A BASIX certificate has been submitted with the application to ensure the design minimises energy/ water use.

2.2.8 Clause 36 Stormwater

Adequate on-site stormwater detention is proposed. The application addresses overland flow paths through the site. In addition, the application includes creek restoration works to improve the environmental quality of the site and downstream flows.

2.2.9 Clause 37 Crime Prevention

The development would achieve appropriate passive and active surveillance, access control, territorial reinforcement, and space management.

2.2.10 Clause 38 Accessibility

The development as a whole has been designed to achieve 100% wheelchair accessibility within units, between units, to the community facility and village gardens. The proposed development has obvious and safe pedestrian links from the site to public transport services. Adequate access and parking is provided for residents and visitors.

2.2.11 Clause 39 Waste Management

Adequate waste storage and collection facilities are available.

2.2.12 Clause 40 Development Standards

The site area of 9.96 hectares exceeds the minimum area of 1,000sqm in cl.40(1)(2).

The property has a frontage of 344 metres, well in excess of the minimum of 20 metres in cl.40(1)(3).

Clause 40(4) prescribes maximum height controls of 8 metres and 2 storeys for developments in residential zones where residential flat buildings are not permitted. This clause does not apply because the site is zoned Rural. Notwithstanding, the development comprises a mixture of single and two storey units in conformity with the standards.

2.2.13 Clause 41 Standards for hostels and self contained dwellings

Clause

Provision

Compliance

2(1)&(3)

Wheelchair access:

100% of the units must have wheelchair access by a continuous path of travel to an adjoining public road and to common areas.

Yes

The levels are designed to provide a continuous accessible path from the units to the community facilities, internal driveway and public road.

2(3)

Security:

Pathway lighting.

Yes

Condition of consent.

2(4)

Letterboxes:

Pathway lighting.

Yes

Condition of consent.

2(5)

Private car accommodation

If car parking (not being car parking for employees) is provided:

(a) car paces must comply with AS2890, and

(b) 5% of total number must be designed to enable width to be increased to 3.8 metres.

Yes

AS2890.1-1993 requires spaces 3.2m (wide) by 5.4m (long). Some of the on-street resident/ visitor parking spaces are slightly too narrow. This is addressed by condition of consent.

Complies.

2(6)

Accessible entry

Every entry must comply with AS4299.

Yes

The SEE advises that the units comply.

Compliance via condition of consent.

2(7)

Interior: general

Widths of internal corridors and circulation at internal doorways must comply with AS1428.1.

Yes

The SEE advises that the units appear to comply with AS1428.1.

Compliance via condition of consent.

2(8)

Bedroom

One bedroom to accommodate a wardrobe and queen-size bed and a clear area of at least 1200mm at the foot of the bed and 1000mm wide beside the bed and the wall.

Yes

The SEE advises that the units appear to comply with AS1428.1.

Compliance via condition of consent.

2(9)

Bathroom

At least 1 bathroom to comply with AS1428.1

Yes

The SEE advises that the units comply with AS1428.1.

Compliance via condition of consent.

2(10)

Toilet

Provide a visitable toilet per AS4299.

Yes

The SEE advises that the units comply with this provision.

Compliance via condition of consent.

2(11)

Surface finishes

Slip resistance surfaces.

Yes

Compliance via condition of consent.

2(12)

Door hardware

As above.

2(13)

Ancillary items

As above.

2(15)

Living room and dining room

Circulation space per AS4299.

Yes

The SEE advises that the units comply with this provision.

Compliance via condition of consent.

2(16)

Kitchen

Circulation space per Cl.4.5.2 of AS4299.

Width of door approaches of 1200mm.

Yes

The SEE advises that the units comply with this provision.

Compliance via condition of consent.

2(17)

Access to kitchen, main bedroom, bathroom and toilet

Complies

2(18)

Lifts in multistorey buildings

N/A

2(19)

Laundry

Width of door approach to be 1200mm

Clear space in front of applicances of 1300mm.

Yes

The SEE advises that the units comply with this provision.

Compliance via condition of consent.

2(20)

Storage for Linen

Linen cupboard per AS4299.

Yes

Linen cupboards provided. Condition of consent to require compliance.

2(21)

Garbage

A garbage storage area must be provided in an accessible location.

Yes

An accessible path of travel is provided to the garbage storage rooms.

2.2.14 Clause 42 Serviced self-care housing

ARV is an established aged care provider. All required on-site services and facilities would be provided to the residents. This is addressed by conditions of consent.

2.2.15 Clause 43 Transport Services to local centres

ARV would provide a regular 21 seat coaster mini-bus service. This is required by conditions of consent.

2.2.16 Clause 44 Availability of facilities and services

All necessary services required are to be provided to residents prior to the occupation of the housing. This is required by conditions of consent.

2.2.17 Clause 50 - Standards that cannot be used to refuse development consent for self contained dwellings

Clause

Provision

Compliance

50(a)

Building Height

Maximum 8 metres from ceiling to pre-development ground level.

The community centre building exceeds the maximum height. See discussion below.

50(b)

Density and Scale

Maximum FSR 0.5:1.

Yes

0.28:1

50(c)

Landscaped Area

Min 30% of the site area.

Yes

50%

50(d)

Deep Soil Zone

Min 15% of the site area.

Yes

40%

50(e)

Solar Access.

70% of units’ living rooms and private open space receive 3 hours of direct sunlight in mid-winter.

Yes

See discussion below.

50(f)

Private Open Space

Ground floor unit, min 15sqm with min dimensions of 3 * 3.

All other units, min balcony area of 10sqm with dimension of 2m.

N/A

This clause applies to infill self care housing, whereas this application is for serviced self-care housing. The development exceeds the minimum areas, with a small number of units with dimensions less than those prescribed.

50(h)

Parking

Minimum of 0.5 car spaces for each bedroom.

Yes

For this development, this clause requires at least 282 spaces. In comparison, the DA proposes a total of 337 spaces (stages 1-5 inclusive).

A discussion of the compliance with the above standards is discussed below:

Building Height – The aged care units do not exceed 2 storeys or 8 metres in height. The community facility building presents to the internal road as single storey but is designed as a two storey building on a slope. The community building exceeds the 8m ceiling height standard. The building is sufficiently setback from the boundary and from the neighbouring dwelling so that it would not result in significant overshadowing or privacy impacts.

Solar Access – There are significant site constraints from this sloping site and need to achieve disabled access through the development that constrain the ability to maximise solar access to all of the units. However, the units are designed so that they have a north/ north-east oriented living room and some solar access to their private open spaces. The applicant submitted a solar access plan of a sample area of the site demonstrating that it achieves a minimum 3 hours sun penetration into the living room and adjacent courtyard.

2.3 State Environmental Planning Policy No. 11: Traffic Generating Development

The application is required to be referred to the Roads and Traffic Authority pursuant to Clause 7 of SEPP No.11 as the property is adjacent to an arterial road and comprises development that accommodates more than 50 vehicles. The RTA raised no objection to the application and has recommended conditions. The provisions of SEPP (Infrastructure) do not apply as the application was submitted prior to the commencement of the Policy.

2.4 State Environmental Planning Policy No. 44: Koala Habitat Protection

This Policy aims to encourage the proper conservation and management of areas of native vegetation that provide habitat for koalas. Council’s mapping indicates that the site may be potential koala habitat. The Council’s Bushland and Biodiversity Management Team have inspected the site and raise no objections to the development.

2.5 State Environmental Planning Policy No. 55: Remediation of Land

SEPP 55 requires that the consent authority must not consent to the carrying out of any development on land unless it has considered whether the land is contaminated or requires remediation for the proposed use.

The applicant has submitted a ‘Contamination Assessment’ report. The report concluded that the site is suitable for the proposed development. The environmental assessment of the application has raised no concerns and subject to adherence to conditions of development consent.

2.6 Sydney Regional Environmental Plan 20: Hawkesbury Nepean River

2.7 Rural Lands Development Control Plan

The proposed development has been assessed having regard to the relevant performance and prescriptive design standards within Council’s Rural Lands Development Control Plan. There are no specific planning provisions within the Rural Lands Development Control Plan that apply to housing for aged or disabled persons within the Rural zone since this landuse is not permissible in the zone pursuant to the HSLEP.

The performance of the development against the generic controls in the Rural Lands Development Control Plan are discussed further below:

2.7.1 Rural Character and Visual Amenity

Rural character was a major issue in the Land and Environment Court appeal for all of the SEPP 5 approvals in this locality. During the appeal for DA No.753/2002, Council’s consultants argued that to fit the rural character, the proposal should be in the form of clusters, ie small groups of buildings surrounded by landscape. In response, the in M & R Civil Pty Ltd v Hornsby Shire Council [2003] NSW LEC 437 for DA No.753/2002 Roseth SC and Moore C commented:

“LEP 94, the Rural Lands DCP and the Rural Lands Study contain objectives and principles relating the Shire’s rural areas. These may be summed up as the maintenance of rural character. SEPP 5, under this application is made, permits medium density housing on rural land that adjoins urban development, providing the occupants are old or disabled people. Thus, while the local controls permit two or three dwellings on this site, SEPP 5 permits about 150 dwellings. We do not think therefore that it is valid to criticise a proposal under SEPP 5 on the basis that it is not rural in character. If it had only half as many dwellings as it does, it would still not appear rural.”

and:

“In our opinion, the proposal achieves compatibility with the rural area around it. First and foremost, it will be screened or filtered by vegetation that extends around all sides. The buildings facing the road are single-storey, and about the same length as the visually dominant two-storey houses that line a portion of the western side of the road. There are sizeable gaps through the proposed buildings and these give views of the rural lands beyond. While Mr Newbold is right in saying that these views would not be apparent to someone driving past, pedestrians would enjoy them.”

Since the Court approvals, the majority of the trees adjacent to the Old Northern Road boundary have been removed with the consent of Council as these were impacted by road widening. Council subsequently imposed new consent conditions to replant a vegetation screen along the front boundary.

The development provides for very limited landscape setback adjacent to the front boundary, which is almost identical to the Court approved plans. However, this application proposes to construct more building ‘bulk’ adjacent to Old Northern Road than the existing consent, which is not supported. The judgement reproduced above argued that the building bulk near Old Northern Road was acceptable because the buildings were single-storey and about the same length as houses on the western side of the road. In this regard the approved plans provide for two blocks of buildings in Stage 2, each with a width of 40-45 metres, within a landscaped setting. In comparison the amended plan provides for one building 46 metres wide and a second building 64 metres wide. This is inconsistent with the character of the area. This is addressed by recommended consent condition that deletes 4 units adjacent to Old Northern Road. This results in a building bulk adjacent to Old Northern Road that is more consistent with the Court judgement for DA/753/2002.

2.7.2 Dwelling Design

The objective of the ‘Dwelling Design’ element in the Rural Lands Development Control requires development to promote housing design that is compatible with the character of the village and rural areas and has regard to the environmental constraints of sites.

The aged care units range in height from 1 to 2 storeys, arranged in terrace style groupings that step down the undulating site.

The application plans received and notified in November 2007 proposed buildings similar in form to those approved in Stage 1, with the exception of the roofs which had a higher pitch and gables. The applicant thereafter submitted amended plans in April 2008 that amended the roof form to provide a flatter, more square presentation that is similar to the dwelling design elements in Stage 1. The building elevation materials comprise painted fibre cement sheeting and face brickwork with a metal/ colorbond roof. The material colours comprise a grey roof, with the wall materials including terracotta or brown brickwork, with grey or green fibre cement.

The proposed roof pitch and building designs are not ‘rural’ in character as described in the design elements in the Rural Lands DCP. However, as discussed above under s.2.7.1, the Court previously determined that it is not valid to criticise a proposal under SEPP 5 on the basis that it is not rural in character.

The building height, bulk and setbacks are similar to those previously approved. The materials and finishes are not inconsistent with the character of the area.

2.7.3 Setbacks

The objective of the ‘Setback’ element in the Rural Lands Development Control requires setbacks to complement the rural character, provide for landscaping and protect the privacy of adjacent dwellings.

The DCP prescribes a minimum setback to buildings and other structures of 30 metres from Old Northern Road and 15 metres from side and rear boundaries. The development does not comply with the prescriptive controls as discussed in the following:

Old Northern Road Setback (Stage 2 area) – The buildings adjacent to Old Northern Road have a variable setback of 12 to 15 metres. The setback comprises a 2 to 4 metre wide landscape zone adjacent to Old Northern Road. The balance of the setback is predominantly comprised of a communal road, footpath and driveways. While the development provides for limited landscaping along the frontage, the alignment of the internal driveway and building setbacks is similar to the Court approved plans. However, the extent of building bulk within the 30 metre setback that exceeds the Court approval, is not supported and addressed via a consent condition. In addition a retaining wall is proposed within the front landscape setback which is not supported given that this area is only 2 to 4 metres wide. This is also addressed by a consent condition.

Old Northern Road Setback (Stage 4 area) – The Scenic Assessment undertaken as part of DA/539/2003 concluded that the land adjacent to Old Northern Road has a high scenic sensitivity and a low absorption capacity because it is level with the road. The scenic assessment recommended that the built form address the street with a 20 metre setback. In comparison, the buildings in Stage 4 have a variable setback of 15 to 17 metres to the Old Northern Road frontage. This variation to the approved building setback is supported, provided that the proposed driveway works in the front setback are removed to improve the landscape setting of the development. This is addressed by consent condition.

East (side boundary) Setback – The setback treatment along the eastern boundary in Stage 2 is an improvement on the existing approved plans. The existing consent provides a 1.5 to 2.5 metre wide landscape buffer near the aged care units, whereas the proposed plans include a 4 metre wide buffer. The buildings in this location are mostly setback 15 metres from the boundary, with the exception of Units 56A and 57A, which is similar to the existing consent.

The community centre has a variable setback to the eastern (side) boundary, with a minimum setback of 6 metres. This facility is setback more than 150 metres from the neighbouring dwellings to the east. The application proposes some landscaping between this facility and the side boundary.

The buildings in Stage 5 at the rear of the site are setback 3 to 17 metres from the eastern (side) boundary. This boundary adjoins No.593 Old Northern Road which is another property approved for SEPP 5 development under DA/513/2004. The neighbouring consent has a similar side boundary setback to that proposed on the subject site. Proposed unit No.138A is located near the approved units on the adjoining property. However the proposed unit is a single storey structure that has its main living areas oriented to the north and south and would not conflict with the adjacent approved units.

West (side boundary) Setback – This side boundary adjoins the Flower Power nursery. The setbacks are comparable to those previously approved under DA No.539/2003 and are considered appropriate.

North (rear boundary) Setback - This side boundary adjoins the rear boundary of rural residential properties at Wayfield Road. The setbacks are comparable to those previously approved under DA No.539/2003 and DA No.2450/2003. The setbacks in the north-eastern corner of the property have been increased.

2.8 Heritage Development Control Plan

The property contains roadside trees which are listed as a heritage item of local significance under the provisions of Schedule D (Heritage Items) of the Hornsby Shire Local Environmental Plan 1994. The heritage significant trees relate to a stand of Radiata Pines along Old Northern Road.

During assessment of an earlier proposal for DA/753/2002 (at its meeting on 5 June 2006), the Heritage Advisory Committee noted that the retention of most of the heritage listed Radiata Pines along Old Northern Road has been compromised by the internal road network on the development plans approved by the Land and Environment Court as well as future road widening of Old Northern Road. The Committee also noted the poor condition of the majority of the Radiata Pines within the setback of the property, as supported by the assessment undertaken by Council’s Tree Management Team. Accordingly, no objections are raised to the proposal on heritage grounds.

2.9 Car Parking Development Control Plan

The primary purpose of this DCP is to provide car parking controls. It prescribes a parking rate of 1 parking space per dwelling >85sqm.

The proposal complies with the prescriptive parking rates for housing for aged or differently abled persons. The DCP requires a total of 154 spaces designed for people with disabilities whereas the application provides a total of 248 spaces designed for people with disabilities, plus an additional 30 spaces with conventional minimum dimensions. The parking provided exceeds the minimum required in the Car parking DCP and SEPP (Seniors Housing).

2.10 Access and Mobility Development Control Plan

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

The development is designed to provide suitable access for people with disabilities. See previous discussion under SEPP (Housing for Aged or Differently Abled Persons). Compliance is ensured via appropriate conditions of development consent.

2.11 Waste Minimisation and Management Development Control Plan

The proposed retirement village is to have a shared bin system, with 23 bin enclosures (4 designs). Each bin room is able to hold the required number of bins. The distances between each dwelling and the bin enclosure is less than 50 metres for all but 8 dwellings, though only 2 of these are over 60 metres and all are less than 75 metres. Village management are to provide support taking waste between dwellings and bin enclosures where necessary. This is considered acceptable.

Internal roads have been designed to accommodate waste collection vehicles (9.7 metres long) with a 22.5 metre diameter turning circle. At the completion of each stage, the collection vehicles would be able to enter the site, service the bins, turn around where necessary and exit in a forward direction.

The Waste Management Plans for the demolition and construction stages indicate that at least 60% waste would be reused or recycled as required by the Waste Minimisation and Management Development Control Plan.

The requirement for adequate waste management is addressed by consent conditions.

2.12 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.

The site contains two creeks and the application proposes to establish native riparian area corridors around these creeks. One of the creeks is currently surrounded by Blue Gum High Forest which is proposed to be retained. The application includes water sensitive urban design elements including rain water harvesting and re-use for garden irrigation and toilets.

3. ENVIRONMENTAL IMPACTS

3.1 Natural Environment

· Threatened Species

The site contains Blue Gum High Forest (BGHF), a critically Endangered Ecological Community as listed under the Threatened Species Conservation Act 1995. This remnant is located near the centre of the site, in the vicinity of the community centre and riparian corridor. The applicant has submitted a Vegetation Management Plan and Creek Restoration Plan to address the retention and maintenance of this remnant vegetation. The ecological assessment undertaken by Council officers has found that the proposal is unlikely to have a significant impact on threatened species, populations, communities and their habitat as listed under the Threatened Species Conservation Act 1995, with the implementation of appropriate conditions of consent.

· Tree Preservation

There are 255 trees on the site comprising of a variety of species including locally native Eucalyptus punctata, Eucalyptus saligna, Eucalyptus paniculata, Angophora floribunda, Acacia sp., Pittosporum sp., Callistemon sp., Casuarina sp. and introduced species such as Pinus radiata, Corymbia sp., Eucalyptus sp., Salix sp., Celtis sp., Cupressus sp., Erythrina sp., Araucaria sp., Grevillea sp.

Ninety-one (91) trees would be remaining after the development.

Of these, trees that are part of the Blue Gum High Forest, referred to as Tree Group.A are considered to be a significant group of trees.

Trees numbered 221-218, 214, 213, 210, 208-204, 195, 194, 192, 191, 183-180, 177-172, 155-143, 141-132, 129-123, 139, 138, 137, 136, 133-128, 125-113, 111-107, 104-92, 90-82, 81-60, 54-51, 49-33, 29-1 would be removed or adversely affected (ie. less than 4m from the proposed building, vehicular access, parking, service trenches or soil level alterations).

Trees numbered 221, 220, 219, 214, 210, 208, 207, 206, 205, 204, 197, 196, 195, 194, 192, 191, 183, 182, 181, 180, 177 which would be removed or adversely affected are considered to be part of a significant group of trees, Tree Group.A.

Many of the trees were previously approved to be removed under the existing development consents. The ecological and tree protection assessment undertaken by the Council concludes that the proposed tree removals is acceptable taking into account the existing development consents and the extensive replacement planting proposed.

3.2 Built Environment

· Traffic and Access

Council’s engineering assessment of the traffic impacts of the development concludes that the development is acceptable. The traffic generated is comparable to that would have occurred with the implementation of the existing development consents. The assessment recommends appropriate consent conditions including that the traffic signals at the intersection of Old Northern Road and access road be operational before an occupation certificate is issued.

3.3 Social Impacts

3.4 Economic Impacts

The economic impact of the proposed development on the locality is considered minimal and the provision of accommodation for older people would have a positive effect on the local economy.

4. SITE SUITABILITY

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

4.1 Riparian Corridors/ Flooding

The application proposes to maintain and improve the existing riparian corridors through the site. The Council’s engineering conditions require that the aged care units be constructed above the 1:100 year flood level.

4.2 Bushfire Risk

The land is not identified as being subject to bushfire risk.

4.3 Site Contamination

Site contamination assessments have been undertaken. Appropriate consent conditions ensure that the land would be suitable for the proposed use.

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 16 November 2007 and 11 December 2007 in accordance with Council’s Notification and Exhibition Development Control Plan. During this period, Council received 1 submission. The minor amendments to the plans proposed subsequent to the public exhibition process did not require re-notification to neighbours. The map below illustrates the location of those nearby landowners who made a submission that are in close proximity to the development site.

NOTIFICATION PLAN

• PROPERTIES NOTIFIED

X SUBMISSIONS

RECEIVED

PROPERTY SUBJECT OF DEVELOPMENT

One submission objected to the development, generally on the following grounds that the development would result in traffic being directed through Wayfield Road at some future stage.

This matter is discussed below.

5.1.1 Future Work

The resident advised that they were generally in favour of the proposal, however were concerned that the road system in Orchard Drive would allow for traffic to be directed through Wayfield Road at a future stage. There is no proposal currently before the Council to expand the retirement village to the north, so that it adjoins Wayfield Road. Orchard Drive has been designed to enable vehicles and garbage trucks to adequately manoeuvre.

5.2 Public Agencies

The development application is Integrated Development under the Act. Accordingly, the application was referred to the following Agencies for comment:

5.2.1 Roads and Traffic Authority

The application was required to be referred to the Roads and Traffic Authority (RTA) pursuant to SEPP No.11 – Traffic Generating Development.

The RTA raised no objection to the application and provided recommended consent conditions. The recommended conditions do not require any external road works. Rather, there was a presumption that the existing approved (uncompleted) roadworks required for DA/753/2002 would be available for the enlarged retirement village. Consent conditions ensure that the approved traffic signals and pedestrian footpaths are established prior to an occupation certificate being issued for the additional aged care units.

5.2.2 Department of Water and Energy

The application was referred to the Department of Water and Energy (DWE) as Integrated Development, requiring approval for works in proximity to a watercourse under the Rivers and Foreshores Improvement Act 1948.

The DWE has raised no objections to the development and has provided General Terms of Approval that are incorporated into the conditions of consent.

5.2.3 Department of Primary Industries

The application was referred to the Department of Primary Industries (DPI) as potentially Integrated Development under the Fisheries Act, given the proposed works to the riparian corridors.

The DPI has raised no objections to the development. The comments provided are addressed by recommended conditions.

5.2.4 Department of Planning

The Director-General of the Department of Planning has issued a site compatibility certificate for the property required pursuant to Clause 24 of SEPP (Housing for Seniors or People with a Disability) 2004. The site compatibility certificate issued on 25 November 2008 advises that the development of 154 serviced self care dwellings is compatible with the surrounding environment.

5.2.5 The Hills Shire Council

Hornsby Council referred the application to The Hills Shire Council. The Hills Shire Council provided details of 34 neighbouring residents to be notified of the proposal. This notification was undertaken by Hornsby Council. No objections were received.

6. THE PUBLIC INTEREST

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

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 aged housing development would be in the public interest.

7. CONCLUSION

The application proposes the erection of a development for serviced self-care housing for aged or differently abled people.

This application has been assessed having regard to the Heads of Consideration under Section 79C(1) of the Environmental Planning & Assessment Act 1979, the Hornsby Shire LEP 1994, State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 and the provisions of the relevant State Environmental Planning Policies. The development complies with the provisions of SEPP (Housing for Seniors or People with a Disability) and is similar to three previous development consents approved for the property under SEPP No.5.

Approval of the application is recommended.

Note: At the time of the completion of this planning report, no persons have made a Political Donations Disclosure Statement pursuant to Section 147(3) of the Environmental Planning and Assessment Act 1979 in respect of the subject planning application.

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	Landscape Plans
4.View	Site Floor Plans
5.View	Unit Floor Plans and Elevations
6.View	Sections, Perspectives and Community Centre Plans
7.View	Creek Restoration Plans
8.View	Staging Plan
9.View	Comparison of Approved and Proposed Site Plan

File Reference: DA/1709/2007

Document Number: D01055726

SCHEDULE 1

GENERAL MATTERS

Approved Plans and Supporting Documentation

Survey Plan

Drawing

Number

Rev

Drawing title

Drawn by

Dated

274-05

Survey drawing

Craig and Rhodes

12/2005

Architectural Plans

*Drawing* *Number*	*Rev*	*Drawing title*	*Drawn by*	*Dated*
DA01	E	Site plan	NRP Architecture	23.10.08
DA02	B	Site plan. Area A level 1	NRP Architecture	20.06.08
DA03	C	Site plan. Area A level 2	NRP Architecture	20.06.08
DA04	C	Site plan. Area A level 3	NRP Architecture	20.06.08
DA05	C	Site plan. Area A level 4	NRP Architecture	20.06.08
DA06	E	Site plan. Area A level 5	NRP Architecture	23.10.08
DA07	C	Site plan. Area B level 1	NRP Architecture	20.06.08
DA08	C	Site plan. Area C level 1	NRP Architecture	20.06.08
DA09	C	Site plan. Area C level 2	NRP Architecture	20.06.08
DA10	D	Site plan. Area D level 1	NRP Architecture	10.07.08
DA11	D	Site plan. Area D level 2	NRP Architecture	10.07.08
DA12	D	Site plan. Area D level 3	NRP Architecture	10.07.08
DA13	B	Site plan. Area E level 1	NRP Architecture	20.06.08
DA14	B	Site plan. Area E level 2	NRP Architecture	20.06.08
DA15	B	Site plan. Area E level 3	NRP Architecture	20.06.08
DA16	A	Unit type A and B. Plan elevation and section	NRP Architecture	14.04.08
DA17	A	Unit type C. Plan elevation and section	NRP Architecture	14.04.08
DA18		Unit type F. Plan elevation and section	NRP Architecture	14.04.08
DA19		Unit type G and H. Plan elevation and section	NRP Architecture	06.11.07
DA20		Unit type F94A / F95A and G76A / G77A. Plan elevation and section	NRP Architecture	06.11.07
DA21	A	Unit type J and J1. Plan elevation and section	NRP Architecture	14.04.08
DA22		Unit type L. Plan elevation and section	NRP Architecture	06.11.07
DA23		Unit type M and M1.Plan elevation and section	NRP Architecture	14.04.08
DA24	A	Unit type N. Plan elevation and section	NRP Architecture	14.04.08
DA25	B	Site sections	NRP Architecture	30.06.08
DA26	B	Site sections	NRP Architecture	30.06.08
DA27	A	Site elevations	NRP Architecture	30.06.08
DA28	B	Community centre plans elevations and section	NRP Architecture	30.06.08
DA29		Perspective unit type A and C	NRP Architecture	06.11.07
DA30		Perspective unit type F – Old orchard Drive	NRP Architecture	06.11.07
DA31		Perspective unit type L – Spring Harvest Road	NRP Architecture	06.11.07
DA32		Perspective community centre Blue Gum Drive	NRP Architecture	06.11.07
DA33		Meeting rooms plan elevations and sections	NRP Architecture	14.04.08
DA34		Shadow diagrams – sheet 1	NRP Architecture	06.11.07
DA35		Shadow diagrams – sheet 2	NRP Architecture	06.11.07
Fig 2		Staging Plan	NRP Architecture	06.11.07
Fig 5		Garbage Enclosures	NRP Architecture	31.01.08
Fig 6	B	Garbage Enclosure Plan	NRP Architecture	14.04.08
Fig 5		Demolition Plan	NRP Architecture	July 2007

Landscape Plans

*Drawing* *Number*	*Rev*	*Drawing title*	*Drawn by*	*Dated*
LA01	G	Landscape Plan	Taylor Brammer	19.06.08
LA02	G	Landscape Plan	Taylor Brammer	19.06.08
LA03	G	Landscape Plan	Taylor Brammer	19.06.08
LA04	G	Landscape Plan	Taylor Brammer	19.06.08
LA05	G	Plant Schedule	Taylor Brammer	19.06.08
LA06	B	Landscape Sections	Taylor Brammer	02.05.08
LA07	B	Landscape Sections	Taylor Brammer	02.05.08
LA08	B	Landscape Sections	Taylor Brammer	02.05.08
TP01	P	Tree Removals Plan	Taylor Brammer	24.06.08

Stormwater, Erosion and Sediment Control Plans

*Drawing* *Number*	*Rev*	*Drawing title*	*Drawn by*	*Dated*
05P735-E1	B	Sediment and Erosion Control Notes Legends and Details Sheet 1 of 5	Hughes Truman	22.08.08
05P735-E2	E	Sediment and Erosion Control Plan Stage 2 Sheet 2 of 5	Hughes Truman	10.09.08
05P735-E3	D	Sediment and Erosion Control Plan Stage 3 Sheet 3 of 5	Hughes Truman	09.09.08
05P735-E4	B	Sediment and Erosion Control Plan Stage 4 Sheet 4 of 5	Hughes Truman	25.06.08
05P735-E5	B	Sediment and Erosion Control Plan Stage 5 Sheet 5 of 5	Hughes Truman	25.06.08
05P735-D1	J	Site Plan Sheet 1 of 6	Hughes Truman	25.06.08
05P735-D2	E	Creek 1 Sections Sheet 2 of 6	Hughes Truman	28.05.08
05P735-D3	C	Creek 2 Sections Sheet 3 of 6	Hughes Truman	29.05.06
05P735-D6	A	Overflow Creek Sections	Hughes Truman	25.06.08

Vegetation Management and Creek Restoration Plans

Drawing Number	Rev	Drawing title	Drawn by	Dated
Schedule 1	S1	Vegetation Management Works	Travers Environmental	09.09.08
Schedule 2.1	S2	Creek and Blue Gum High Forest Restoration Plan – Bluegum High Forest Conservation Area	Travers Environmental	10.09.08
Schedule 2.2	S12.2	Creek Restoration Plan – Upper Riparian Corridor	Travers Environmental	10.09.08
Figure 7	-	Creek 1 Remedial Works Plan	Hughes Trueman	Sept 2008

Civil Services Plans

*Drawing* *Number*	*Rev*	*Drawing title*	*Drawn by*	*Dated*
MPH-01	P8	Masterplan – Sewer Services	GDK Hydraulics Consulting	23.06.08
MPH-02	P7	Masterplan – Landscape Watering, Domestic Water, Fire Hydrant & Gas	GDK Hydraulics Consulting	23.06.08
MPH-03	P6	Masterplan – Rainwater Harvesting Services	GDK Hydraulics Consulting	23.06.08

Supporting Reports and Information

*Document No.*	*Prepared by*	*Dated*
Statement of Environmental Effects Glenhaven Green Stages 2-5	Smyth Planning	Nov 2007
Vegetation Management Plan (Ref:8039 VMP) (D01004663)	Travers Environmental	Sept 08
Water Cycle Management Plan (D00953218)	Hughes Trueman	1.07.08
Glenhaven Green Village Rules (D01004650)	ARV	Oct 2002
Environment & Construction Management Plan (D00953217)	Hughes Trueman	1.07.08
Tree Assessment – 599 Old Northern Road, 603 Old Northern Road, 607 Old Northern Road (D00953215)	Stuart Pittendrigh	June 2008
Garbage Enclosure Schedule (D00962361)	Unknown	Received 14.07.08
Waste Management Plan (D00849085)	Smyth Planning	04.02.08
Sewer pump out calculations (D00852808)	Unknown	Received 01.02.08
Letter on Overland Flow Path	Hughes Truman	9 July 2008
ARV Services Statement	ARV	Undated
Flora and Fauna Report	Conacher Travers	Nov 2006
Access for people with a disability	Access Associates Sydney	Nov 2007
Assessment of Traffic Noise Intrusion	Acoustic Logic Consultancy	07.11.07
Traffic, Parking and Access Report	GTA Consultants	07.11.07
Basix Certificate 151507M		02.08.07
Schedule of Finishes		Nov 07
Hazardous Materials Survey. 599 Old Northern Road Glenhaven Report E523.1 AA	EI Australia	23.12.05
Hazardous Materials Survey. 601 Old Northern Road Glenhaven Report E524.1 AA	EI Australia	22.12.05
Hazardous Materials Survey. 603 Old Northern Road Glenhaven Report E525.1 AA	EI Australia	10.02.06
Hazardous Materials Survey. 607 Old Northern Road Glenhaven Report E526.1AA	EI Australia	30.12.05
Environmental Site Assessment 599-601 Old Northern Road Glenhaven	EI Australia	28.02.06
Environmental Site Assessment 603 Old Northern Road Glenhaven	EI Australia	19.05.06
Environmental Site Assessment 607 Old Northern Road Glenhaven	EI Australia	07.08.06
Remediation Action Plan. 607 Old Northern Road Glenhaven	EI Australia	20.10.06

Amendment of Plans

2 The approved plans are to be further amended as follows:-

a) In order to reduce the building bulk adjacent to Old Northern Road and improve the landscape setting of the development, the plans are to delete unit Nos. 33A/33B and 34A/34B and Unit Nos.32A/32B to adjoin the western wall of unit No.35A/35B. The adjacent block of units Nos.28 to 31 is to be relocated 5 metres to the east.

b) In order to improve the landscape setting of the development, the retaining wall in the landscape setback adjacent to Old Northern Road is not to be sited within 1.5 metres of the front property boundary. This applies where the retaining wall setback on the approved plans is less than 1.5 metres. Where the setback of the wall is currently shown as being greater than 1.5 metres, it is not to be further reduced.

c) Delete the 2 carparking spaces and driveway located in the front setback area between Units 86A/ 85A and the Old Northern Road property boundary.

d) The retaining wall to the rear of Unit No.59A is to be relocated outside the critical root zone of Tree No.144 (on the adjacent property) and shall be no closer than 6.5m to the trunk of Tree No.144.

Access and Mobility

3. The development is to be designed and constructed to comply with the standards concerning accessibility and useability for self contained dwellings (serviced self care housing) in Schedule 3 of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004. A suitably qualified access consultant is to certify compliance with this condition prior to the issue of an Occupation Certificate.

4. Resident Services are to be provided in accordance with the Resident Services Statement provided at Annexure 23 to the Statement of Environmental Effects and shall include:-

a) home delivered meals, and

b) personal care and home nursing services, and

c) assistance with housework and cleaning services.

5. The main community facility must be constructed in Stage 2 and is to be completed prior to the issue of an Occupation Certificate for any serviced self-care housing.

6. Footpaths from the site to bus stops and pedestrian refuges, immediately adjacent and opposite the site, shall be constructed on Old Northern Road in accordance with AS1428 and Austroads Part 13, to ensure a continuous path of travel to bus services in accordance with the requirements of SEPP (Housing for Seniors or People with a Disability) Clause 26. These works are to be completed prior to the issue of an occupation certificate.

7. In accordance with Clause 43 of SEPP (Housing for Seniors or People with a Disability) the owner of the premises shall provide a dedicated bus service for the use of the residents of the development. This bus is to be capable of carrying at least 10 passengers and is to provide the following minimum service:

a) will drop off and pick up passengers at a local centre that provides residents with access to the following:

i) shops, bank service providers and other retail and commercial services that residents may reasonably require, and

ii) community services and recreation facilities, and

iii) the practice of a general medical practitioner, and

b) that is available both to and from the proposed development to any such local centre at least once between 8am and 12pm each day and at least once between 12pm and 6pm each day.

8. A restriction as to user is to be registered on the title of the property, in accordance with Section 88E of the Conveyancing Act, limiting the use of any accommodation to which the application relates to the kinds of people referred to in Clause 18(1) of SEPP (Housing for Seniors or People with a Disability).

In this regard, accommodation is only to be occupied by the following:

a) seniors, or people with a disability,

b) people who live within the same household with seniors or people who have a disability,

c) staff employed to assist in the administration of and provision of services to housing provided.

9. Any easement(s) or restriction on Title required by this consent must nominate Hornsby Shire Council as the authority to release, vary or modify the easement(s) or restriction(s).

Acoustic Privacy

10. In order to mitigate potential noise intrusion from Old Northern Road and the adjoining nursery (Flower Power), all of the self contained dwellings are to be designed and constructed to ensure that the following LAeq levels are not exceeded:

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

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

Utility Services

11. Electricity services within the public road are to be provided underground. Satisfactory arrangements are to be made with the electricity authority.

12. 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.

12A. Water supply – Reticulated water supply is to be provided to the site. All requirements of Sydney Water are to be complies with including those requirements outlined in Annexure 9 ‘Hydraulic Services’ of the Statement of Environmental Effects.

13. Sewerage services – The discharge of sewer from the proposed development shall connect to Sydney Water’s sewerage system via a private pumping system. This is to be inaccordance with the requirements of Sydney Water.

Building Code of Australia

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

Demolition

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

Note: Applicants are reminded that WorkCover NSW requires all plant and equipment used in demolition work must comply with the relevant Australian Standards and manufacturer specifications.

Asbestos Removal

16. a) Prior to commencement of any work involving the demolition, alteration or addition to any building on the development site, a survey is to be conducted by a competent person to ascertain whether any asbestos materials exist thereon. Asbestos material means any material that contains asbestos.

b) Where asbestos material is found to exist on the development site and that asbestos material is to be removed or disturbed as a result of any proposed demolition, alteration or addition, then all work involving removal and disposal of asbestos material must be undertaken by persons who hold the appropriate licence issued by WorkCover NSW under Chapter 10 of the Occupational Health and Safety Regulation 2001.

c) 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.

d) 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.

Hours of Construction

17. In order to maintain the amenity of adjoining properties, site works (including demolition) shall be restricted to between 7.00 am and 6.00 pm, Monday to Friday and 8.00 am to 1.00 pm Saturday. No work shall be undertaken on Sundays or public holidays. Plant, goods or materials shall not be delivered to the site outside the approved hours of site works unless otherwise approved by Council.

Long Service Levy

18. Under Section 34 of the Building and Construction Industry Long Service Payments Act 1986 any work costing $25,000 or more is subject to a Long Service Levy. The levy rate is 0.35% of the total cost of the work and shall be paid to either the Long Service Payments Corporation or Hornsby Shire Council. Under section 109F (1) of the Environmental Planning & Assessment Act, 1979 this payment must be made prior to a construction certificate being issued.

Home Building Act 1989

19. The builder or person who does the residential building work must comply with the applicable requirements of Part 6 of the Home Building Act 1989 and must not contract to do any residential building work unless a contract of insurance that complies with that Act is in force in relation to the proposed work. A copy of the contract of insurance shall be submitted to Hornsby Council before any works commence.

Fire Safety Schedule

20. In accordance with clause 168 of the Environmental Planning and Assessment Regulation 2000 fire safety measures shall be implemented in the building. A schedule of all proposed and existing Essential Fire Safety Measures to be installed in the building (eg: hydrants, hose reels, exit signs, smoke control systems) shall be submitted with the Construction Certificate application and distinguish between the existing and proposed fire safety measures. Should the Construction Certificate involve the use of an alternate solution, the application must also be accompanied by details of the performance requirements that the alternate solution is intended to meet and the assessment methods use to establish compliance with those performance requirements.

Fire Safety Certificate – Final

21. In accordance with Part 9, Division 4 of the Environmental Planning & Assessment Regulation, 2000, the owner of the building must, on completion of the building, provide Council with a certificate in relation to each essential fire safety or other safety measure implemented in the building.

Fire Safety Statement - Annual

22. In accordance with Part 9, Division 5 of the Environmental Planning & Assessment Regulation, 2000, at least once in each period of 12 months after the date of the first fire safety certificate, the owner shall provide Council with a further certificate in relation to each essential service installed in the building.

Retaining Walls

23. Retaining walls exceeding 600mm in height with associated stormwater drainage measures, are to be designed and constructed by a chartered Structural engineer of the institution of Engineers, Australia. Details are to be included with plans and specifications to accompany any construction certificate.

Engineering Works

24. All engineering works required by this consent must be designed and undertaken in accordance with the relevant aspects of the following documents, except as otherwise authorised by this consent. A Construction Certificate is to be obtained prior to commencement of works.

a) Australian Rainfall and Run-Off

b) Hornsby Shire Council's Design and Construction Specifications 1999

Note: Any variation from these design requirements must be separately approved by Council.

Road Network, Parking and Loading

25. Parking and loading/unloading areas are to be designed in accordance with Australian Standards AS 2890.1 and 2890.2 2004.

26. All driveways to the units from roads shall be designed to comply with the maximum grade of 25% with maximum transition for changes of grade of 8% per plan metre.

Drainage – On Site Detention

27. The drainage system to control all collected roof and surface stormwater shall be designed with on-site-detention systems. A construction certificate is to be obtained prior to commencement of works.

28. The on-site-detention systems shall be constructed to limit discharge from the development site to predevelopment levels. On site detention storage volume shall be provided for up to 100 ARI storms. Detail calculations and plans showing the controls for 5 year, 20 year and 100 ARI pre development levels are to be provided (ensure that during a 5 year ARI storm, the flow from the development site does not exceed 5 year pre development ARI level, so on). The system shall be designed by a Chartered Professional Civil/Hydraulic Engineer of the Institution of Engineers Australia and constructed in accordance with Council's Engineering specifications.

29. The on site detention systems are to be located outside 100 year overland flowpath or riparian zones.

30. Suitable swimming pool standard fencing is to be constructed around the perimeters of above ground OSD systems.

31. Where the banks of the ponding area exceed a grade of 1 in 4 they are to be covered by a stable maintenance free surface.

32. After completion of works, a certificate confirming that the on site detention systems have been constructed according to the Construction Certificate and will function hydraulically in accordance with the approved design plans and shall be submitted to the PCA.

33. The certificate (OSD) is to include work-as-executed details of the on-site-detention systems prepared by a Chartered Engineer/Registered Surveyor and verify that the storages have been constructed in accordance with the design requirements. The details are to show the invert levels of the OSD system as well as the pipe sizes and grades. Any variations must be shown in red and supported by calculations.

34. An appropriate 88B restriction as to user and a positive covenant are to be created over the constructed on-site detention systems and outlet works in favour of Council to ensure continued maintenance and performance of the stormwater management system in accordance with Council’s standard wording prior to occupation of the premises.

Overland Flowpath and Restriction as to User

35. The overland flow path from the “Flower Power Dam” to the water course shall be constructed in accordance to the “Flood Study Report”, prepared by Hughes Trueman Pty Ltd (Council’s record D00975207) for a 100 year ARI storm event. The floor levels of the units and garages abutting the flowpath (complying with a minimum 500mm and 300mm above 100 year flow level) shall be constructed in accordance with the levels contained in the report. Prior to works proceeding beyond the floor level, a registered surveyor is to confirm that the floor levels have been built to the requirements.

36. Prior to issue of an occupation certificate, a restriction as to user shall be created on the area affected by the overland flowpath prohibiting the alteration of the final floodway shape and erection of any structure (including fencing) without the written permission of Hornsby Shire Council.

Road Signs

37. All road signs to be erected shall comply with Australian Standards AS 1743-2001

Bridges/Culverts

38. The underside of the bridge slabs shall be a minimum 0.5m above the 100 year ARI flow level. Detail calculations are to be provided with a construction certificate. The bridges/ culverts are to be designed and constructed under the supervision of a Chartered Structural Engineer of the Institution of Engineers, Australia.

Floor Levels of habitable rooms and garage in the proximity of creeks

39. The floor levels of habitable rooms and garages of units abutting creeks shall be a minimum 500mm and 300mm above 100 year ARI flow level.

Boundary screen Planting (western boundary)

40. To ensure adequate screen planting is provided to adjoining properties, additional planting is to be provided between the proposed path and western boundary adjacent to units 85A and 84A. The landscape area must include:

(i) 30 Syzigium australe ‘Aussie Southern’ planted at 1 metre centres in mulched planter beds. Shrubs to be installed at minimum pot size of 5 litres.

Boundary Planting (eastern Boundary)

41. To ensure adequate planting is provided along the eastern boundary, additional planting is to be provided in the landscape area between Blue Gum Drive and site boundary opposite units 131 and 137. Tree planting to the landscape area must include:

(i) 10 Eucaltptus paniculata planted at 5 metre centres in mulched planter beds. Trees to be installed at minimum pot size of 25 litres.

Boundary screen Planting (Old Northern Road Boundary)

42. To ensure adequate screen planting is provided additional planting shall be provided between car parking at end of Old Orchard Drive and Old Northern Road. The landscape area must include:

(i) 30 Syzigium australe ‘Aussie Southern’ planted at 1 metre centres in mulched planter beds. Shrubs to be installed at minimum pot size of 5 litres.

Landscape Works To All Areas – Plant sizes and densities

43. All landscape works shall meet the minimum construction standards identified in the Hornsby Shire Council Landscape Code for Development Applications and be maintained into the future to ensure the establishment and successful growth of plant material to meet the intent of the landscape design.

Landscape Certification

44. Prior to the issuing of any Occupancy Certificate, landscape works shall be inspected and certified by experienced Landscape Architect/Designer as being completed in accordance with the requirements of the Development Consent.

Waste Minimisation and Management

45. Blue Gum Drive is to be constructed at Stage 2 to ensure adequate access for service vehicles.

46. Bin storage areas must be designed and constructed in accordance with Council’s Waste Minimisation and Management Development Control Plan.

47. An easement shall be registered on the title of the land entitling the Council, its servants and agents and persons authorised by it to enter upon the property and to operate equipment for the purpose of waste and recycling collection services. This easement must be granted in favour of Council prior to the occupation of the development and prior to registration of any plan of subdivision or strata subdivision of the land.

Environmental Sustainability

48. Waters captured in the sediment basin shall be flocculated to ensure that discharges contain no more than 50 mg/L of suspended solids, turbidity is no more than 30 ntu’s and the pH is between 6.5 – 7.5 before being discharged. Gypsum (calcium sulfate) shall be used as the flocculant agent and applied within 48 hours following rainfall events. The flocculant shall be evenly distributed over the surface area of the sediment retention basin. Settled sediment shall be pumped out and disposed of to an approved waste management facility. Approval must be sought from Council prior to discharge into Council’s stormwater system.

49. 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.

50. Any imported soils to the subject site must be Virgin Excavated Natural Material (VENM) as defined in Schedule 1 of the Protection of the Environment Operations Act 1997 or a material as approved under the DECC general resource recovery exemption.

51. All excavated material removed from the site must be classified in accordance with NSW EPA (1999) Environmental Guidelines: Assessment, Classification and Management of Liquid and Non-Liquid Wastes prior to disposal. All excavated material must be disposed of to an approved waste management facility.

52. 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.

53. All noise generated by the proposed development is to be attenuated to prevent levels of noise being emitted to adjacent premises which possess tonal, beating and similar characteristics or which exceeds background noise levels by more than 5dB(A).

54. All headwall outlets shall incorporate flow velocity reduction controls (i.e. bedded boulders and small stones) to minimise erosive and scouring impacts to the watercourse. Accordingly, energy dissipator controls shall be landscaped to accommodate outlet sheet flow (forced jump). No engineering works are permitted within the bed of the watercourse.

Designated Route - Blue Gum High Forest (BGHF) Trees 159, 158, 157, 156

55. To prevent or minimize soil compaction, designated routes for equipment and foot traffic by work crews shall be determined prior to commencing construction activities. Written approval must be given from both Council and the appointed project ecologist for any works to occur within the area nominated as BGHF.

These routes shall be clearly marked at the site, prior to commencement of construction, with tree protection fencing and signage as specified in Tree Fencing paragraphs of this section.

Compaction

56. Where fencing to prevent compaction of the Critical Root Zone (CRZ) is not possible, the use of Trunk Protection (as below) & temporary wood-chip mulch, gravel mulch or bridges to prevent soil compaction around tree roots is permitted. Wood-chip or gravel mulch, 150mm – 300mm deep on top of a geotextile landscape fabric, will be placed over the root zone of the trees to be protected.

Tree Trunk Protection

57. To avoid mechanical injury or damage, trees numbered 176, 175, 166, 165, 159, 158, 157, 156, 43, 37, 34, 33, 49, 68, 70 ,71, 191, are to have their trunks protected by 2m lengths of 75mm x 25mm (recycled) 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.

Tree Fencing

58. Prior to work commencing, tree protection fencing must be erected around Tree Group.A, the Blue Gum High Forest (BGHF), to be retained as specified in the Vegetation Management Plan.

59. Prior to work commencing, tree protection fencing must be erected around the trees numbered 30 – 34 to be retained at a 4.5m setback.

60. Where Tree Protection Fencing obstructs construction, the fencing shall be placed no closer than 2000mm from the edge of the trees trunk & Tree Trunk Protection & Compaction techniques (per Condition Nos. 63 and 64) shall be emplaced for the duration of the particular work inside the CRZ.

61. The tree fencing must be constructed of 1.8 metre ‘cyclone chainmesh fence’. The tree protection fencing must be maintained in good working order until the completion of all building or development works. A statement of compliance from a qualified tree surgeon or environmental consultant shall be submitted to Council prior to the issue of the Construction Certificate.

Excavation – Trees 34, 33, 37, 49, 68, 70, 71, 43, 129, 144

62. To prevent damage to tree roots, excavation (for services and other works), change of soil level (cut or fill), parking (vehicles or plant), or placement of building materials (including disposal of cement slurry and waste water) within the specified tree protection setbacks, and within 4m of all other trees to be retained onsite, is not permitted.

63. No tree roots located within a 6m setback of any tree located in the specified Blue Gum High Forest shall be severed or injured in the process of any site works during the construction or landscaping phases of the approved project.

64. Excavation for the installation of Fire Hydrants (DFH) within the specified setbacks of trees 34, 33, 68, 49 shall be carried out by hand excavation only.

65. Excavation for the installation of Fire Hydrant (FH), Landscape (LW) & Cold Water (CW) piping within the specified setbacks of trees 37, 34, 129, 68, 70, 71, 43 shall be carried out by using the thrust boring method only.

66. Excavation for the installation of Sewer Services within the specified setback of tree 68 has been approved by Council’s Parks and Landscape Team and shall be carried out by using either the thrust boring method or hand excavation.

Driveways/ Pathways – Trees 34, 37

67. The road, Harvest Crescent is proposed to be located within the Critical Root Zone (CRZ) of trees 34 & 37. To ensure any work undertaken will not adversely affect the longevity of the tree, pier and beam construction of the road within the CRZ shall be used with piers being located no closer than 3 metres to the trunks of the trees. The driveway edge shall be no closer than 2 metres to the edge of the trunk. The excavation for the piers within the nominated restriction zone shall be hand dug to reveal the presence of any roots. A qualified and experienced arborist is to be on site overseeing the work to ensure no roots greater than 50mm in diameter are severed, and root damage is minimised.

Tree Removals

68. The removal of trees must be undertaken by a qualified and experienced Arborist and must be undertaken in a manner that does not impact on the surrounding vegetation.

69. Trees, 180, 181, 182, 183, 192, 194, 195 to be removed from the designated Blue Gum High Forest are to be removed by hand only with no excavation/plant equipment entering the area to minimise impacts on the surrounding vegetation. The stumps are to be cut to ground level only with no stump grinding within 6m of any tree located inside the forest.

Maintain Canopy Cover

70. To maintain local tree canopy cover, a minimum 120 medium to large trees, such as Eucalyptus paniculata (Grey Ironbark), Angophora floribunda ((Rough-bark Apple) or Syncarpia glomulifera (Turpentine) 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 trees must be maintained and protected until they reach the height of 3 metres. Trees must be locally indigenous, from local plant stock (preferably), reach a mature height greater than 12 metres and have a life span greater than 20 years.

Tree Removal Prohibited

71. To protect significant trees, the removal of trees numbered Tree Group.A (nominated as BGHF) marked on the plan, Travers Environmental, July 2008, REF:8039-VMP, Vegetation Management Plan, or excavation or filling of soil or the placing of building materials or associated works (ie water, sewer, telephone, drainage) within a 6 metre setback is not permitted without written approval from Council.

72. The Village Management Plan and associated Village Rules are to be amended to require on-going management and maintenance of the Blue Gum High Forest Conservation Area. The amendment to the village rules shall include a clause that states “on-going management and maintenance of the Blue Gum High Forest remnants is to be undertaken in perpetuity by either a fully qualified bush regenerator or bush regeneration team every 6 months to undertake maintenance weeding and supplementary planting. The maintenance regime is to be enhanced if the level of weed infestation deteriorates beyond the restoration targets as stated in the approved Vegetation Management Plan. The bush regeneration team is to remain under the direction of the Project Ecologist who will carry out an inspection every 6 months to assess the condition of the Blue Gum High Forest and submit a compliance report to Council once a year. To ensure relevance of the maintenance works within the Blue Gum High Forest Conservation Area, the Village Association may request a review or updated Vegetation Management Plan which will need to be submitted to Hornsby Council for approval.”

Note: This condition has been agreed by Applicant’s Ecological Consultant.

73. A “Construction Works Plan” shall be prepared that takes into consideration any final conditions of approval in accordance with the NSW Department of Water and Energy Guidelines for “Controlled Activities – Outlet Pipes, Laying Pipes and Cable in Watercourses and In-stream Works”. This Plan is to be approved and certified by the Project Ecologist and Council.

General Bushland Conditions of Consent

74. A Restriction-As-To-User shall be created under Section 88B of The Conveyancing Act 1919 to preserve the remnant Blue Gum High Forest as mapped in the approved Vegetation Management Plan. No building work including paving, excavation or construction, no removal of native vegetation (trees, shrubs and groundcovers), no stockpiles, no changes to soil aeration or hydrological capacity, no open cut trenching, no placement of temporary buildings, no parking or movement of machinery, no spillage/disposal of building waste, no agricultural uses are to occur within this area is to be considered the ‘Restricted Development Area’, except where approved by Council or part of the approved Vegetation Management Plan. The ‘Restricted Development Area’ shall be managed for the long term conservation of the Blue Gum High Forest.

75. A positive covenant shall be created under Section 88E of The Conveyancing Act 1919 for the Blue Gum High Forest as mapped in the approved Vegetation Management Plan. This area is to be considered the ‘Restricted Development Area’. The covenant shall specify:

a) All landscaping and vegetation management including weed control shall be in accordance with the approved Vegetation Management Plan prepared by Travers Environmental dated September 2008 (to include the amendments in accordance with the Conditions of Consent) and the Village Management Plan.

b) Any approved tree removal within the ‘Restricted Development Area’ shall be undertaken by a qualified Arborist and undertaken in a manner that will have minimal impact on the Blue Gum High Forest remnant. Dead trees shall be left standing to provide native fauna habitat, except if located on the edge of the remnant adjoining any building, road or pedestrian path. Any replacement tree must be a species associated with Blue Gum High Forest and be grown from local provenance seed stock.

c) No development shall encroach within the ‘Restricted Development Area’, nor any clearing of indigenous vegetation, no on-site effluent disposal, nor any vehicle assess, nor any stock or agricultural activities.

d) High use open space areas shall be limited to land outside the ‘Restricted Development Area’.

e) Trees within the ‘Restricted Development Area’ shall be inspected annually by a qualified Arborist, and treated to maintain tree health to ensure the stand of trees will be preserved.

f) Landscaping shall be only undertaken if determined by and under the supervision of a qualified ecologist or bush regeneration consultant, using Blue Gum High Forest species grown from local provenance seed stock.

76. Prior to the issue of the Construction Certificate the applicant shall submit to Council documentation to show that a qualified and experienced ecologist has been engaged to undertake all works within the approved Vegetation Management Plan and ensure the compliance of all environmental protection conditions of consent.

Traffic and Road Safety

77. To ensure safe vehicle and pedestrian access is available to the site, traffic signals, road widening works and pedestrian footpaths to bus stops at Old Northern Road shall be completed in accordance with the requirements of DA/753/2002 (as amended) and the NSW Roads and Traffic Authority prior to issue of the occupation certificate for any building on site.

78. The kerb returns at intersections of 5.5 and 4.5 metre wide roads are to be 6.0m radius minimum and be constructed with fully mountable kerb.

79. Clear zones near garages with frontage to 4.5m wide roads shall be provided as per traffic report (GTA consultants 15 April 2008).

Developer Contributions

80. The payment of a contribution towards the cost of transport and traffic management, open space and recreation facilities, library and community facilities, bushland regeneration, stormwater drainage, civic improvements and section 94 plan administration in accordance with sections 94, 94A and 94C of the Environmental Planning and Assessment Act, 1979 and the Hornsby Shire Council’s Development Contributions Plan 2007-2011. The contributions for the construction stages 2, 3, 4 and 5 shall be as follows:

Stage 2: 50 dwellings @ $9,293.25 – Total $ 464,662.50;

Stage 3: 57 dwellings @ $9,293.25 – Total $ 529,715.25;

Stage 4: 20 dwellings @ $9,293.25 – Total $ 185,865.00;

Stage 5: 23 dwellings @ $9,293.25 – Total $ 213,744.75;

Total 150 dwellings

Note 1: It is recommended that you contact Council on 9847 6030 to ascertain the indexed value of contributions prior to payment.

Roads And Traffic Authority

81. The emergency access to Old Northern Road at the southern end of the development is to be limited to emergency use only.

82. Due to the proximity of Acacia Drive to the signalised intersection of Blue Gum Drive and Old Northern Road, a no exit sign for vehicles over 6 metres is to be posted at Acacia Drive at its intersection with Blue Gum Drive.

83. All pedestrian crossings are to be clearly sign posted and marked on the road to ensure safety for pedestrians.

84. Vegetation and proposed landscaping/fencing must not hinder sight lines to and from the proposed access driveways to motorists, pedestrians and cyclists.

85. Off street parking associated with the proposed development, including grades, parking bay dimensions, sight distance requirements, and turn paths are to be in accordance with AS 2890.1-2004.

Department Of Water and Energy General Terms of Approval

86. Before any works are commenced within 40m of any watercourse on or near the site, a Part 3A Permit must be obtained from the Department of Water and Energy (the Department).

87. Works are to be carried out in accordance with the plans and documents presented to the Department for the subject Development Application and these conditions.

88. All documentation and plans and bonds required as part of these conditions must be prepared and provided to the Department prior to the issuing of the Part 3A Permit.

89. All engineering, other structural works or natural landscaping proposed must be designed, constructed and operated by suitably qualified professionals, recognised in that specialised field. For any VMP, this relates particularly to bushland rehabilitation practices, and for any WP, this relates particularly in natural stream processes, design and rehabilitation practices. The designs and construction methods and activities are to result in NIL or minimal harm to aquatic and riparian environments and do not cause erosion, sedimentation, or increase flood levels of Protected Waters.

90. Erosion and sediment control measures are to be implemented prior to any works commencing at the site and must be maintained for as long as necessary after the completion of works, to prevent sediment and dirty water entering the watercourse/foreshore environment. These control measures are to be in accordance with the requirements of Council, and best to follow relevant management practices as outlined in the Landcom manual “Managing Urban Stormwater: Soils and Construction – Volume 1” (4^th Ed., 2004) - the “Blue Book”, or other suitable control measures to mitigate erosion where conventional measures are not adequate (such as within bed and banks of a watercourse).

91. The Part 3A permit from the Department is issued for works on FREEHOLD land only and is null and void for any works on Crown Land.

92. Evidence of Owner’s Consent for all works over any lands within 40m of any watercourse is required prior to the issue of the Part 3A permit.

93. In the event that there is an inconsistency between the drawings, other documentation and the conditions herein, the interpretation that will result in the best outcome for the stabilisation of the Site and the subsequent rehabilitation and maintenance of the Site and Protected Land and Protected Waters, is to prevail. Such interpretation is to be applied in consultation with, and with the approval of, the Department.

94. The development is to satisfy all requirements of Council in relation to flooding, drainage, stormwater detention and water quality, but in so doing, must not compromise in any way the form and function of any works, on Protected Waters and in riparian zones required by these conditions.

95. Works shall not commence for the following, if a licence under the Water Act (1912) or the Water Management Act (2000) is required:

· Install a pump for extraction of water from a surface and/or ground water source. The temporary extraction of water for establishment of vegetation in a VMP does not require a licence.

· Construct a dam.

· Construct a levee.

· Divert any part of Protected Waters.

· Irrigate from any of the above.

96. Operations shall not damage or interfere in any way with:

· Vegetation and habitat on Protected Land on the Site outside the area approved.

· The stability of adjacent or nearby bed or banks of Protected Waters.

· The stability of Protected Waters and their associated environments.

· The flow of Protected Waters.

· The quality of Protected Waters.

· Any pumps or structures in the vicinity (that are licensed under the Water Act 1912 or the Water Management Act 2000).

97. No piping, for the placement of bulk earthworks (including roads), of any watercourse is allowed.

98. Any permanent constructed basin/wetlands/flood compensatory area and their associated disturbed areas are not to be located in any riparian area in or on-line and be consistent with the Departmental guide: Constructed Wetlands (and Detention Basins) – Keep Them Off-line Guideline.

99. Any flood study, are to take into account the effects of the vegetation required in any VMP and any other vegetation within the flood area.

100. The design of any stormwater outlets (including from roads, buildings, constructed basin/wetlands, swales or other drainage) and their spillways must be a “soft engineering solution” and be consistent with the Departmental guide: Stormwater Outlet Structures to Streams (For pipes, culverts, drains and spillways.

101. Points of constriction or any other places where scour is likely within or near any stream or any part of the riparian zones on the Site are to be suitably protected against scour using permanent rock scour protection (rip rap) or any other “soft engineering design solution. In the event that scour protection works not described in the approved plans are proposed, approval from the Department must be obtained prior to their construction and may require a WP and must be consistent with the Departmental guide: Works and Watercourse Design Guideline.

102. Wire mesh structures (mattresses and baskets), concrete, spray concrete, concrete grouting, and concrete grouting between rocks comprising rip-rap scour protection crib walling, masonry, car tyres and the like are not permitted.

103. Any works that involve any change (including realignment, stabilisation, naturalised enhancement etc) of any watercourse, must emulate a stable natural watercourse system that behaves as, and has the appearance of a stable natural stream system of the area (including floodplains, terraces and other typical natural features). Part of the form of the watercourse is to create meanders, suitable pool and riffle sequences, with suitable aquatic and terrestrial habitat.

104. The extent of the rehabilitation / restoration of Protected Land and/or Protected Waters are to be as indicated by a WP for all works that involve any change (including realignment, stabilisation, naturalised enhancement etc) of any watercourse. Rehabilitation / restoration, and watercourse form must be consistent with the Departmental guide: Works and Watercourse Design Guideline.

105. Following the completion of the physical works associated with any watercourse at the Site these works and all associated disturbed areas must be maintained for a period of at least three (3) years after practical completion, consistent with the Departmental guide: Works and Watercourse Design Guideline, particularly the maintenance and reporting criteria.

106. Any crossing structures, including utility crossings and associated works, must be located, designed and constructed consistent with the Departmental guides: Watercourse Crossing Design & Construction Guideline and Pipe and Cable Laying Across Watercourses and Riparian Area Guideline. The Department may require a WP depending upon the potential impact upon the watercourse and must be consistent with the Departmental guide: Works and Watercourse Design Guideline.

107. For any retaining walls and sea walls, their location design and construction must be consistent with the Departmental guide: Works and Watercourse Design Guideline.

108. Any accessways, (being roads, tracks, cycleways, pedestrian pathways or other form of accessway) that may be proposed for the Site, are to be normally located beyond the riparian zones and be consistent with the Departmental guide: Design and Construction of Paths and Cycleways and Accessways along Watercourses and Riparian Areas Guideline.

109. A permanent physical barrier, (such as a fence, pathway, road etc), to prevent inadvertent damage to riparian zones, is to be placed at their landward extent in all locations and be consistent with the Departmental guide: How to Prepare a Vegetation Management Plan Guideline.

110. There is to be no permanent or temporary excavation of, or placement of material on, protected land, or anything done that may detrimentally affect the flow of protected waters, and are not to be placed in any area that has existing native riparian vegetation that is identified as part of any riparian zone in any VMP.

111. Documentation that demonstrates a right of access to the site for a sufficient time to enable the full implementation and maintenance of any works, including any VMP and WP, and inspections, is to be provided to the Department by the owner. Such documentation is to be legally binding upon the land and its present and future owners until such time as the implementation and their maintenance of the works, including any VMP and WP are completed, and inspected, as approved by the Department. The instrument is to be in favour of the current owner or Council.

112. A riparian zone consisting of local native plant species shall be established and maintained in and adjacent to all Protected Waters, including beneath bridges, for their entirety within the Site. The extent of the riparian zones is to be:

· For watercourse A: at least 10 metres wide from the top of the bank on each side of the watercourse, measured horizontally and at right angles in accordance with the plans approved by 3A Permit issued for DA753/2003/B

· For watercourse B: 10 metres wide on each side, measured horizontally and at right angles from the centreline of the watercourse for the full length of the site and in accordance with the plans approved by the 3A Permit issued for DA753/2003/B

113. All riparian zones at the site must be rehabilitated where they are affected by, or located adjacent to, or located within 10m of, any works on Protected Land that require a Part 3A permit, for the purposes of aiming at naturalised bed and bank stabilisation and giving adequate space for the natural functioning of the watercourse.

114. A VMP for Site rehabilitation that demonstrates protection of any remnant local native riparian vegetation at the Site and restore any riparian zones disturbed or otherwise affected by the development to a state that is reasonably representative of the natural ecotone of the protected waters system, to achieve sound naturalised watercourse and long term riparian area stabilisation and management by the enhancement/emulation of the native vegetation communities of the subject area is to be prepared, and be consistent with the Departmental guide: How to Prepare a Vegetation Management Plan Guideline.

115. Seed and propagule sources are to be from local botanical provenance (regarded as from as close as possible and from the same general habitat (same soil type, distance from watercourse, exposure etc)) is required consistent with the Departmental guide: How to Prepare a Vegetation Management Plan Guideline.

116. The riparian zone (and all areas and activities described in the VMP must be maintained for a period of at least two (2) years after final planting or where other revegetation methods are used, two years after plants are at least of tubestock size and are at the densities required by these conditions and with species richness as described in the VMP, and three (3) years minimum for those areas required for access and maintenance relating to any WP and being consistent with the Departmental guide: How to Prepare a Vegetation Management Plan Guideline, particularly the maintenance and reporting requirements.

117. The Part 3A permit holder must ensure that all works and activities at the Site do not compromise the implementation of the VMP in any way.

118. Any requirements for bushfire asset protection zones, including fire trails, are not to compromise in any way the extent, form or function of the riparian zones. Fuel reduced areas are to be located outside of riparian zones.

119. Any property boundary fence should generally be located beyond the riparian zones and be consistent with the Departmental guide: How to Prepare a Vegetation Management Plan Guideline.

120. As a pre-condition to the granting of any Part 3A permit, the applicant for a Part 3A permit will be required to provide a security deposit (bank guarantee or cash bond). The security deposit is to cover the cost, as approved by the Department, of completing selected works and activities listed in the previous GTA conditions in accordance with the conditions of the Part 3A permit.

121. Any bank guarantee is to be provided from a bank licensed pursuant to the Banking Act 1959 (Cth) and is to be provided in favour of the Department and it must be drawn up in the format required by the Department.

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.

Principal Certifying Authority

i. Before any construction works commence, you are required to appoint a Principal Certifying Authority as required by section 81A of the Environmental Planning & Assessment Act, 1979. The Principal Certifying Authority is responsible for ensuring that all the works are carried out in accordance with the approved plans and specifications.

Notifying Council of Commencement of Works

ii. It is a requirement of the Environmental Planning and Assessment Act, section 81A(2)(c) that you notify Hornsby Council at least two (2) days prior to the intention to commence works.

Signs for Construction Sites

iii. On-site signage is required to clearly identify the PCA and the principal contractor (the coordinator of the building work) pursuant to the Environmental Planning and Assessment Amendment (Quality of Construction) Act 2003, s157(1)(c1), Cl 98A, 136C & 227A.

Signs for Demolition Sites

iv. On construction sites where buildings contain asbestos material, a standard commercially manufactured sign containing the words ‘DANGER ASBESTOS REMOVAL IN PROGRESS’ measuring not less than 400mm x 300mm is to be erected on the site in a prominent position visible from the street. The sign is to be erected prior to any work commencing and is to remain in place until such time as all asbestos material has been removed from the site to an approved waste facility. This condition is imposed for the purpose of worker and public safety and to ensure compliance with Clause 259(2)(c) of the Occupational Health and Safety Regulation 2001.

v. A sign must be erected in a prominent position on the premises, on which the demolition of a building is being carried out, stating that unauthorised entry to the premises is prohibited and showing the name of the builder or other person in control of the premises and a telephone number at which the builder or other person may be contacted during and outside work hours. The sign is to be removed when the demolition of the building has been completed.

Signs for Construction Sites

vi. On-site signage is required to clearly identify the PCA and the principal contractor (the coordinator of the building work) pursuant to the Environmental Planning and Assessment Amendment (Quality of Construction) Act 2003, s157(1)(c1), Cl 98A, 136C & 227A.

Construction Certificate –Engineering Works

vii. A construction certificate must be obtained from either Council or an Accredited Certifier. Engineering design plans and specifications are to be prepared by a chartered professional engineer for any proposed works. The plans and specifications are to be in accordance with development consent conditions, appropriate Australian standards, and applicable Council standards, in particular “Hornsby Shire Council Civil Works - Design and Construction Specification”. Information required to be submitted with a construction certificate is as follows:

a) copies of compliance certificates relied upon

b) Four (4) copies of the detailed engineering plans in accordance Hornsby Shire Council's Civil Works - Design Specification 1999. The detailed plans may include but are not limited to the earthworks, roadworks, road pavements, road furnishings, stormwater drainage, landscaping and erosion control works.

c) Hornsby Shire Council’s approval for the existing roadworks and public drainage is required prior to the issuing of a construction certificate for these works.

Inspections – Engineering

viii. All engineering work required this consent must be inspected at the “hold points” as nominated in the Hornsby Shire Council Civil Works Construction Specifications 1999.

Rainwater tanks

ix. The installation of the rainwater tank and associated plumbing must be in accordance with Sydney Water’s Guidelines for Rainwater Tanks on Residential Properties: Plumbing Requirements, dated April 2003.

Tree Preservation Order

x. A Tree Preservation Order exists within the Hornsby Shire whereby the cutting down, topping, lopping or wilful destruction of any tree exceeding 3.0 metres in height (except where exempt as defined under Council’s Tree Preservation Order ) or substantially altering the soil level around the trunk or within 3 metres of the trunk, without prior written consent is prohibited. Release of the Construction Certificate gives automatic approval to the removal of those trees located on the subject property within 3 metres of the foundation footprint of an approved residential, commercial or community building, garage, in-ground swimming pool or within the alignment of approved vehicular access or parking area. Other trees shall not be removed or damaged without approval being granted under Council’s Tree Preservation Order. Penalties apply for non-compliance.

Threatened Species Conservation Act 1995

xi. The applicant should be advised that the restricted development area contains Blue Gum High Forest which is listed as an Endangered Ecological Community under the Threatened Species Conservation Act 1995. The TSC Act prohibits the disturbance to threatened species, endangered populations and endangered ecological communities, or their habitat. Any actions that are outside this development consent would qualify as illegally picking or disturbing the habitat of Blue Gum High Forest and could render any person who carried out this action as liable for prosecution.'

NSW Department of Primary Industries

xii. Any dredging and reclamation works approved by this application may require a permit from NSW DPI to authorise such activities. This application is to be obtained prior to such works being undertaken.

Note: It is an offence to dredge reclaim in any waters and/or affect marine vegetation without permits from NSW Department of Primary Industries.

Planning Report No. PLN237/08

Date of Meeting: 17/12/2008

5 DEVELOPMENT APPLICATION - MULTI-UNIT HOUSING DEVELOPMENT COMPRISING TWO DWELLINGS AND SUBDIVISION
23 HILLS AVENUE, EPPING

Development Application No:	1201/2008
Description of Proposal:	Erection of a two storey multi-unit housing development comprising two attached dwellings and subdivision of one lot into two lots.
Property Description:	Lot 19 DP 30584 (No. 23) Hills Avenue Epping
Applicant:	Residential Logistics
Owner:	Ms J H Shi
Statutory Provisions:	Residential A (Low Density) Zone
Estimated Value:	$498,950
Ward:	C

RECOMMENDATION

THAT Development Application No. DA/1201/2008 for the erection of a two storey multi-unit development comprising two attached dwellings and subdivision of one lot into two lots at lot 19 DP 30584 (No. 23) Hills Avenue Epping be approved subject to conditions of consent detailed in Schedule 1 of this report.

EXECUTIVE SUMMARY

1. The application proposes the demolition of the existing dwelling, the erection of a two storey multi-unit housing development comprising two semi-detached dwellings and the subdivision of one lot into two lots.

2. The proposed development is in non-compliance with Clause 14 of Hornsby Shire LEP 1994 in respect to the 500m² minimum area lot size development standard. The submitted objection to the standard is considered well founded, pursuant to SEPP 1 – Development Standards.

3. The proposal generally complies with the relevant prescriptive measures of the Low Density Multi-Unit Housing DCP.

4. There were no submissions received in respect of the application.

5. It is recommended that the application be approved.

THE SITE

The site comprises an existing dwelling house on an allotment on the eastern side of a cul-de-sac at the end of Hills Avenue Epping. The lot is irregular in shape, has an area of 992.7sqm and is of dimensions; 12.19m arc frontage, 44.875m northern side boundary, 53.405m southern side boundary and 32.645m rear boundary. The central part of the site has a width of 20m. The lot has an average fall of 6% to the western part of the northern boundary.

The existing dwelling house is a single storey weatherboard dwelling with a tiled roof. The surrounding properties include single and two storey dwellings including more recent larger brick and tile dwellings. A two storey semi-detached development opposite the site has been constructed on the allotment.

The site does not include any remnant bushland or significant trees.

A pedestrian pathway at the end of Hills Avenue provides access to a bus route on Carlingford Road.

THE PROPOSAL

The proposed development is for the demolition of the existing dwelling and erection of a 2 x two storey semi-detached dwellings each containing 4 bedrooms.

The proposal includes the Torrens title subdivision of one lot into two lots. Proposed lot 19A would have an area of 496.2m² and proposed lot 19B would have an area of 496.5m². Access to proposed lot 19A would be via right of way over proposed lot 19b.

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 one additional dwelling and would improve housing choice in the locality.

2. STATUTORY CONTROLS

2.1 Hornsby Shire 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 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 ‘demolition’, ‘multi-unit housing’ and ‘subdivision’ under HSLEP and is permissible in the zone with Council’s consent.

Clause 14 of HSLEP prescribes that the minimum lot size of development within the Residential A zone is 500m². The applicant has submitted an objection to the minimum lot size pursuant to State Environmental Planning Policy No. 1 – Development Standards, in respect to the proposed non-compliance of 496.2m² for lot 19A and 496.5m² for lot 19B. (Refer to discussion in Section 2.2 of this report).

Clause 15 of HSLEP prescribes that the maximum floor space ratio (FSR) of development within the Residential A zone is 0.4:1. The application satisfies this development standard.

2.2 State Environmental Planning Policy No. 1 – Development Standards

The applicant submitted an objection against the 500m² minimum lot size development standard under Clause 14 of HSLEP.

The application has been assessed against the requirements of SEPP 1. This policy provides flexibility in the application of development standards in circumstances where strict compliance with those standards would, in any particular case, be unreasonable or unnecessary or tend to hinder the attainment of the objectives of the Act.

The Land and Environment Court has expressed the view that there are five different ways in which an objection may be well founded and that approval of the objection may be consistent with the aims of the policy:

1. the objectives of the standard are achieved notwithstanding non-compliance with the standards;

2. the underlying objective or purpose of the standard is not relevant to the development and therefore compliance is unnecessary;

3. the underlying object of purpose would be defeated or thwarted if compliance was required and therefore compliance is unreasonable;

4. the development standard has been virtually abandoned or destroyed by the Council’s own actions in granting consents departing from the standard and hence compliance with the standard is unnecessary and unreasonable;

5. the zoning of the particular land is unreasonable or inappropriate so that a development standard appropriate for that zoning is also unreasonable and unnecessary as it applies to the land and compliance with the standard would be unreasonable or unnecessary. That is, the particular parcel of land should not have been included in the particular zone.

It is considered that the first four of the above points are relevant matters to consider in respect to this application.

The applicant’s grounds for the objection are as follows:

· The allotments are sufficient in size to accommodate the proposed dwellings with an adequate level of residential amenity through the provision of private open space, landscaping, car parking, drying areas and driveway, as prescribed for low density residential development permissible in the zone.

· The proposed development complies with all other development control requirements, ie., site coverage, floor space ratio, landscaped area, private open space and setbacks.

· The proposed development provides adequate landscaping to provide screening between adjoining properties and soften the visual impact of hard surface areas.

· The variation to the minimum lot size is relatively minor (0.7%) and strict compliance would be unreasonable and unnecessary given the proposal complies with all other requirements for low density multi-unit housing.

· Refusal of the application would hinder attainment of the objectives of the EP&A Act for the orderly and economic use of land.

· No purpose would be served in preventing the development due to the minor numeric variation.

· The proposed multi-unit housing development achieves the desired outcome for development of the site and does not compromise the character of the locality established by the existing subdivision pattern.

The proposed development complements the character of the area and is of satisfactory design to achieve the required residential amenity within a low density residential environment, having regard to the shape and size of the site. The proposal results in a minor numerical departure from the minimum lot standard (3.8m² – lot 19A and 3.5m² – lot 19B), which, having regard to the subject site and the proposed semi-detached dwellings, would not create an undesirable precedent. The submitted objection is considered well founded in that strict compliance is unnecessary as the objective of the standard has been achieved by the proposed development.

2.3 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004

The proposed development has received certification for sustainable residential development under Certificate No. 2073305, pursuant to the SEPP.

2.4 Low Density Multi-Unit Housing Development Control Plan

The proposed development has been assessed having regard to the relevant performance and prescriptive design standards within Council’s Low Density Multi-Unit Housing Development Control Plan (Housing DCP). The following table sets out the proposal’s compliance with the prescriptive standards of the Plan:

Low Density Multi-Unit Housing Development Control Plan
Control	Proposal	Requirement	Compliance
Density	Lot 19A – 496.2m² Lot 19B – 496.5m²	500m²	No
Floor Space Ratio	Lot 19A – 0.376:1 Lot 19B – 0.314:1	0.4:1	Yes
Site Cover	Lot 19A – 27% Lot 19B – 25%	40%	Yes
Setbacks Lot 19A	Front – 12.0m West Side - >4.0m Rear – 9.2m	Front – 6.0m Side – 1.0m Rear – 3.0m	Yes
Setbacks Lot 19B	Front – 22.0m East Side - >3.3m Rear – 4.8m	Front – 6.0m Side – 1.0m Rear – 3.0m	Yes
Building Length	29m	24m	No
Wall Length	16.4m	10m	No
Height	7.5m	9m	Yes
Car parking	4 spaces	4 spaces	Yes
Private Open Space	Lot 19A – 206.3m² Lot 19B – 194.8m²	120m²	Yes
Landscaping	Lot 19A – 65% Lot 19B – 49%	45%	Yes

As noted in the above table, the proposed development complies with the prescriptive development standards within Council’s Low Density Multi-Unit Housing DCP other than ‘density’ and the design prescriptive measures for ‘building length’ and ‘wall length’.

The DCP includes an erratum to the density element requiring low density multi-unit housing development to comply with the minimum lot size pursuant to Hornsby Shire LEP. The proposal does not comply with the 500m² minimum lot area size and the applicant has submitted an objection pursuant to State Environmental Planning Policy No. 1 – Development Standards. The objection is considered to be well founded (refer to discussion in Section 2.2 of this report).

The merits of the proposal in respect to the DCP are discussed as follows.

2.4.1 Design

Due to the siting of garages and front entrances of each unit, the proposed multi-unit housing development has the appearance of a two storey dwelling house in the streetscape and would not detract from the characteristic built form of the locality.

The proposed building does not comply with the design prescriptive measure not to exceed a total length of 24m. The non-compliance is considered satisfactory with regard to the shape and size of the site and the stepped semi-detached design which addresses the presentation of garaging in the streetscape and provides separation of private open space between the two dwellings.

The proposed northern elevation of the building does not comply with the prescriptive measure not to exceed a wall length of 10 without a physical break. The non-compliance would not impact on the streetscape and is considered acceptable in context with the overall design of the building and minimal impact on the adjoining two storey dwelling.

It is considered that in this instance, a development which does comply with the abovementioned development standards would result in an inferior outcome.

2.4.2 Setbacks

Proposed dwelling 19A has a front setback of 12.0m, a side setback of 4.0m to 6.5m and a rear setback of 9.2m.

Proposed dwelling 19B has a front setback of 22.0m, a side setback of 3.3m to 8.0m and a rear setback >4.8m.

The proposed setbacks are relatively large and include provision for private open space within the side boundary setbacks. The setbacks allow good spatial separation with neighbouring dwellings consistent with the low density character of the locality.

The proposed front setback maintains the predominant building line.

2.4.3 Solar Access

The proposed building would result in overshadowing of part of the adjoining single storey dwelling during the morning during winter months, however, would not result in non-compliance with the DCP requirement for 4 hours of sunlight to the courtyard on the adjoining property between 9am and 3pm.

Proposed dwelling 19A is north facing and complies with the DCP requirement for 3 hours of sunlight to living room windows. Proposed dwelling 19B has predominately south facing windows, however, the east facing family room window would have morning sun and the private open space area off the family room would have 4 hours of sunlight access during winter, which is in compliance with the DCP.

2.4.4 Privacy

The proposed two storey dwellings are of design to minimise impact on privacy of neighbouring properties with bedroom accommodation on the first floor and minimal placement of first floor windows at the northern and southern elevation, limiting potential overlooking of neighbouring properties.

A condition is recommended for the front porch entry to Dwelling 19A to provide separation from the adjoining garage.

2.4.5 Stormwater Drainage

The proposed stormwater drainage on site drains to Council’s system in the street. A condition is recommended that the system include stormwater detention to minimise runoff impacts on downstream water quality.

2.4.6 Car Parking

The proposal satisfies Council’s DCP in respect to the provision of off-street car parking. However, the site has frontage to a cul-de-sac which provides limited on-street visitor car parking. Accordingly, it is considered appropriate that additional off-street car parking be provided to ensure that there are no parking conflicts. There is sufficient space on site outside building setback areas to provide a visitors space for each unit. A condition is recommended for a suitable landscaped surface area for one visitor parking space for each dwelling.

2.4.6 Residential Subdivision Development Control Plan

The proposed Torrens title subdivision accommodates the two proposed dwellings on the respective lots. The proposed lots satisfy the requirements of the DCP in providing for a low density residential living environment.

The non-compliance with the density prescriptive measures in respect to the minimum lot size of 500m², has been addressed in Section 2.2. of this report.

2.4.7 Waste Minimisation and Management Development Control Plan

The proposed demolition of the existing dwelling is subject to a Waste Management Plan submitted by the applicant, in accordance with the requirements of the DCP.

Conditions are recommended for implementation of the Waste Management Plan and for the construction of the development to be carried out in accordance with Council’s waste minimisation and management guidelines.

3. ENVIRONMENTAL IMPACTS

3.1 Natural Environment

The proposed development would necessitate the removal of six trees from the site. None of the trees to be removed are identified as ‘significant trees’ under Council’s Tree Management Plan. The application has been supported by a horticulturalist survey that assesses the existing trees to be removed as in fair to very poor condition. It is considered removal of the nominated trees on the site is acceptable.

Council’s assessment of the proposal included a detailed examination of the existing trees on site and determined six trees would be remaining after the development. Of the six trees retained, trees Nos. 4 and 11 are considered good and worthy of preservation and conditions are recommended for their protection.

The proposed landscaping includes appropriate screen planting for privacy and to complement the building.

It is considered removal of the nominated trees on the site is acceptable.

3.2 Built Environment

The proposed building is of brick construction with a tiled roof and includes fibre cement cladding to sections of the first floor elevation. The proposed slab on ground construction involves minor cut and fill works with excavation and fill less than 1m.

The proposed two storey building is of a design that would compliment the streetscape and the built form of the locality. The proposal is of similar scale to two x 2 storey semi-detached dwellings in the street and opposite the site. Notwithstanding the non-compliance with the minimum lot size pursuant to Clause 14 of Hornsby Shire LEP, the proposed development would not detract from the low density character of the area. The proposed development has adequate regard to the shape and size of the site in providing an appropriate low density residential living environment.

The proposal includes a single driveway access minimising the extent of paved surface area and increasing the area available for landscaping.

4. SITE SUITABILITY

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

The existing residential site is relatively level and is suitable to accommodate 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 17 September 2008 and 8 October 2008 in accordance with Council’s Notification and Exhibition Development Control Plan. During this period, there were no submissions received by Council. The map below illustrates the location of the properties notified of the application.

NOTIFICATION PLAN

• PROPERTIES NOTIFIED

PROPERTY SUBJECT OF DEVELOPMENT

6. THE PUBLIC INTEREST

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

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

7. CONCLUSION

Consent is sought to construct two x 2 storey multi-unit dwellings on the subject site and the subsequent Torrens title subdivision of the land into two lots.

The proposed development is in non-compliance with the minimum lot size area of 500sqm pursuant to Clause 14 of Hornsby Shire LEP. The submitted SEPP 1 objection to the minimum lot size area is supported as compliance with the standard is considered unnecessary, as the proposed design achieves the objective of the standard with regard to a low density residential environment.

The proposed development generally complies with the Low Density Multi-Unit Housing DCP, other than the design prescriptive measure for building length and wall length. The non-compliance is considered acceptable with regard to the stepped semi-detached design in minimising the impact of garaging on the streetscape and in providing separation for the private open space areas for each dwelling.

Having regard to the matters for consideration under the Act, approval of the application is recommended.

Scott Phillips

Executive Manager

Planning Division

Attachments:

1.View	Locality Plan
2.View	Demolition Plan
3.View	Site Plan
4.View	Floor Plan
5.View	Elevations
6.View	Landscape Plan
7.View	Subdivision Plan
8.View	Shadow Diagram

File Reference: DA/1201/2008

Document Number: D01047594

SCHEDULE 1

Approved Plans and Supporting Documentation

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.*	*Prepared by*	*Dated*
RL 1352 Demolition Plan	Masterton Homes	17.07.08
RL 1352 Site Plan	Masterton Homes	12.11.08
RL 1352 Floor Plans	Masterton Homes	17.07.08
RL 1352 Elevations	Masterton Homes	17.07.08
LPDA 09-63974/1C Landscape Plan	Conzept Landscape Architects	August 2008
RL 1352 Subdivision Plan	Masterton Homes	17.07.08
RL 1352 Shadow Diagram	Masterton Homes	17.07.08
RL 1352 Site Management Plan	Masterton Homes	17.07.08

*Document No.*	*Prepared by*	*Dated*
BASIX CERTIFICATES NOS. 207343S & 207330S	Luis Contigiani	28 July 2008
SCHEDULE OF FINISHES JOB NO 63974	Masterton Homes	7 July 2008

2. The driveway shall be constructed in coloured concrete or stencilled to minimise visual impact and to complement the development.

3. All boundaries behind the building line and courtyard areas shall be enclosed with 1.8m fences/screens/walls a the sole cost of the applicant. Provided that where an adjoining owner agrees to the provision of an alternate fence/screen/wall that fence/screen/wall shall be erected in lieu of the fence required by this condition. The fence/screen/wall is to be erected prior to the occupation of the dwellings or prior to the issue of the subdivision certificate, which ever occurs first.

Building Code of Australia

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

Hours of Demolition Works

5. 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.

Demolition

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

Note: Applicants are reminded that WorkCover NSW requires all plant and equipment used in demolition work must comply with the relevant Australian Standards and manufacturer specifications.

Asbestos Removal

7. a) Prior to commencement of any work involving the demolition, alteration or addition to any building on the development site, a survey is to be conducted by a competent person to ascertain whether any asbestos materials exist thereon. Asbestos material means any material that contains asbestos.

d). 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.

Excavation & Backfilling

8. Retaining walls or other approved methods necessary to prevent the movement of excavated or filled ground, are to be constructed together with associated stormwater drainage measures prior to issue of an occupation certificate or before if site conditions require.

Signs for Construction Sites

9. On-site signage is required to clearly identify the PCA and the principal contractor (the coordinator of the building work) pursuant to the Environmental Planning and Assessment Amendment (Quality of Construction) Act 2003, s157(1)(c1), Cl 98A, 136C & 227A.

Hours of Construction

10. In order to maintain the amenity of adjoining properties, site works shall be restricted to between 7.00 am and 6.00 pm, Monday to Friday and 8.00 am to 1.00 pm Saturday. No work shall be undertaken on Sundays or public holidays. Plant, goods or materials shall not be delivered to the site outside the approved hours of site works unless otherwise approved by Council.

Sydney Water

11. The approved plans must be submitted to a Sydney Water Quick Check agent or Customer Centre to determine whether the development will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met.

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

Home Building Act 1989

12. The builder or person who does the residential building work must comply with the applicable requirements of Part 6 of the Home Building Act 1989 and must not contract to do any residential building work unless a contract of insurance that complies with that Act is in force in relation to the proposed work. A copy of the contract of insurance shall be submitted to Hornsby Council before any works commence.

Long Service Levy

13. 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 0.2% of the total cost of the work and shall be paid to either the Long Service Payments Corporation or Hornsby Shire Council. Under section 109F (1) of the Environmental Planning & Assessment Act, 1979 this payment must be made prior to a construction certificate being issued.

Dust Control

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

Utility Services

15. (a) The applicant shall consult with the relevant Public Authorities and meet all costs involved in any alteration required to mains and services.

(b) The applicant shall ensure that all public utility service pipes, mains and conduits for the supply of all relevant services are provided to all allotments.

(c) The vehicular footway crossing and the driveway are to be designed and constructed in accordance with Hornsby Shire Council Civil Works Specifications and Australian Standard 3727.

(d) 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 prior to issue of any related construction certificate.

Drainage – On Site Stormwater Detention

16. Stormwater drainage pipe and OSD shall be designed to Hornsby Shire Council’s Civil Works Specification and the following requirements:

(a) The drainage system for the proposed development shall be designed with an on-site-detention system having a storage/ponding capacity of not less than 9.80 m³and a maximum discharge, when full, of 20.30 litres per second (the 9.80 m³ of storage is additional to BASIX’s requirement and is to be clearly indicated in the design plan if combined with a rain water tank). The system shall be designed by a Chartered Professional Civil/ Hydraulic Engineer to the following requirements.

(b) ensure that the development, either during construction or upon completion, does not impede or divert natural surface water runoff so as to cause a nuisance to adjoining properties.

(d) Where the OSD 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 load

(e) The on-site detention system within private or common courtyard areas must be designed so they do not impact on the amenity of the development or the use of such areas.

17. The certificate (OSD) is to include work-as-executed details of the on-site-detention system prepared by a Chartered Professional Engineer/Registered Surveyor and verify that the storage has been constructed in accordance with the design requirements. The details are to show the invert levels of the OSD system as well as the pipe sizes and grades. Any variations must be shown in red and supported by calculations.

An appropriate 88B restriction as to user and a positive covenant are to be created on the title of the land describing the on-site detention system clearly and responsibilities for maintenance and that they are not to be varied without the consent of the Council. Evidence of creation shall be submitted prior to release of the subdivision plan.

Easements

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

Right of Access

19. Reciprocal rights of access shall be created over the proposed lots.

Works as Executed Plan

20. A works-as-executed plan prepared by a chartered engineer or a registered surveyor must be lodged with Hornsby Shire Council when the engineering works are complete, before the release of the Subdivision Certificate.

Council Property

21. 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.

Trees

22. Prior to work commencing, tree protection fencing must be erected around the trees numbered 4 and 11 to be retained at a 3m setback. The tree fencing must be constructed of 1.8 metre cyclone chainmesh fence’. The tree protection fencing must be maintained in good working order until the completion of all building or development works. A statement of compliance from a qualified tree surgeon or environmental consultant shall be submitted to Council prior to the issue of the Construction Certificate. Penalties apply for non-compliance.

23. To prevent damage to tree roots, excavation (for services and other works), change of soil level (cut or fill), parking (vehicles or plant), or placement of building materials (including disposal of cement slurry and waste water) within the specified tree protection setbacks, and within 3m of all other trees to be retained onsite, is strictly forbidden. No tree roots located within the specified tree setbacks, shall be severed or injured in the process of any site works during the construction or landscaping phases of the approved project. The applicant shall ensure that all underground services (i.e. water, drainage, gas, and sewer) shall not be laid within 3m of any tree located on the property protected under Council’s Tree Preservation Order.

24. To protect good and worthy trees, the removal of trees numbered (4, 5, 6, 7, 11 & 12) marked on the plan (Tree Site Plan) or excavation or filling of soil or the placing of building materials or associated works (ie water, sewer, telephone, drainage) within 3 metre setback is forbidden without written approval from Council.

CONTRIBUTIONS PLAN

25. The payment of a contribution of $19,205.85, for one additional dwelling, 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 $19,205.85 per dwelling and it is to be paid by the end of the financial quarter in which the development application was determined and prior to the issuing of a construction certificate. 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.

Car Parking

26. To ensure adequate car parking one on-site visitor car parking space is to be provided for each dwelling and is to be constructed to form a grass/paved hard stand area within the landscaped area, as nominated in red on the approved plans.

Front Entry

27. To ensure an appropriate level of privacy between the two dwellings a fin wall is to be constructed providing separation between the porch entry of Dwelling 19A and the garage of Dwelling 19B, as nominated in red on the approved plans.

ADVICE

A. Before any construction works commence, you are required to appoint a Principal Certifying Authority as required by section 81A of the Environmental Planning & Assessment Act, 1979. The Principal Certifying Authority is responsible for ensuring that all the works are carried out in accordance with the approved plans and specifications.

B. A construction certificate must be obtained from either Council or an Accredited Certifier. Engineering design plans and specifications are to be prepared by a chartered professional engineer for any proposed works. The plans and specifications are to be in accordance with the development consent conditions, appropriate Australian Standards, and applicable Council standards, in particular “Hornsby Shire Council Civil Works - Design and Construction Specification”. The information that is required to be submitted with a construction certificate is as follows:

(a) Copies of any compliance certificates to be relied upon

(b) Four (4) copies of the detailed engineering plans in accordance with the current Hornsby Shire Council's Civil Works - Design Specification. The detailed plans may include but are not limited to the earthworks, roadworks, road pavements, road furnishings, stormwater drainage, landscaping and erosion control works.

C. All fees payable to Council as part of any Construction, Compliance or Subdivision Certificate or inspection associated with the development (including the registration of privately issued certificates) are to be paid in full.

Note: Any additional Council inspections beyond the scope of any Compliance Certificate needed to verify full compliance with the terms of this consent will be charged at the individual inspection rate nominated in Council's Fees and Charges Schedule.

D. House numbering can only be authorised by Hornsby Shire Council. Before proceeding to number each lot/occupancy in the development, the allocation of numbers must be obtained from Council's Planning Division.

E. A Tree Preservation Order exists within the Hornsby Shire whereby the cutting down, topping, lopping or wilful destruction of any tree exceeding 3.0 metres in height (except where exempt as defined under Council’s Tree Preservation Order ) or substantially altering the soil level around the trunk or within 3 metres of the trunk, without prior written consent is prohibited. Release of the Construction Certificate gives automatic approval to the removal of those trees located on the subject property within 3 metres of the foundation footprint of an approved residential, commercial or community building, garage, inground swimming pool or within the alignment of approved vehicular access or parking area. Other trees shall not be removed or damaged without approval being granted under Council’s Tree Preservation Order. Penalties apply for non-compliance.

F Works to be undertaken within, or connecting to, public infrastructure, are to be designed and constructed in accordance with the current Hornsby Shire Council’s Civil Works - Design and Construction Specification. Details are to be submitted with the application for a construction certificate to Hornsby Shire Council for approval.

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

(a) replacement/ widening/changing of surface of the existing vehicular footway crossing servicing the proposed development.

(b) the levels provided by Council are to be used to design the internal driveway.

(c) further, evidence of Council's levels being incorporated into the longitudinal section is to be submitted with a construction certificate application.

(This application can only be submitted by one of Council’s Authorised Vehicular Crossing Contractors. You are advised to contact Council’s Works Division on (02) 9847 6940 to obtain a list of Council’s Authorised Vehicular Crossing contractors).

H. Lodgement and approval of a subdivision certificate is required to authorise the Plan of Subdivision.

- END OF CONDITIONS -

Project	Completion Date
Local Environmental Plans
Amendments LEP (2007) - St Judes car park; - Landcom sites; - Pharmaceutical facility at Moores Road; - Department of Health site, Pennant Hills.	May 2009
Amendments LEP (2008) - 122X Berowra Waters Road; - Lot 100 DP 1053594 Pennant Hills Road; - 180-190 Pennant Hills Road; and - Foreshores Planning Provisions Review recommendations.	December 2009
Development Control Plans
Heritage DCP Review	December 2009
Studies
Heritage Review Stage 4	April 2009
Subregional Employment Study	July 2009
Housing Strategy	July 2009
Outdoor Advertising Review	December 2009
Miscellaneous
Heritage Week	April 2009
Local Heritage Assistance Fund	June 2009
Heritage Inventories	July 2009
Metropolitan Development Program	April 2009

Project	Completion Date
Local Environmental Plans
Hornsby Quarry LEP	May 2010
Galston Village LEP	May 2010
Comprehensive LEP	March 2011
Development Control Plans
Business Lands DCP Amendments	February 2010
River Settlements DCP Amendments	February 2010
Hornsby Quarry and Environs DCP	June 2010
Galston Village Masterplan DCP Amendments	June 2010
Comprehensive DCP	March 2011
Multi-Unit Housing DCPs Review	July 2010
Access and Mobility DCP Review	July 2010
Tree Preservation Controls Review	July 2010
Telecommunications Controls Review	July 2010
Consolidated River Settlements DCP	July 2010
Studies
Epping Town Centre Study	July 2010
Heritage Review Stage 5	July 2010

Hornsby Shire Council	Agenda and Summary of Recommendations
Page 1

Development Application No:	1320/2008
Description of Proposal:	Construction of a Scout/Guide Hall
Property Description:	Lot 50 DP 739713, No. 1X Mountside Avenue, Mount Colah
Applicant:	Mt Colah Scout & Guide Reconstruction Committee
Owner:	Hornsby Shire Council
Statutory Provisions:	Hornsby Shire Local Environmental Plan 1994: Open Space A (Public Recreation - Local)
Estimated Value:	$337,600
Ward:	A

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

1.View	Minutes PLN213/08
2.View	Executive Manager's Report No. PLN213/08
3.View	Independent Town Planning Consultancy Report by Nexus Environmental Planning Pty Ltd

Development Application No:	585/2008
Description of Proposal:	Erection of a dwelling-house on a battle-axe allotment
Property Description:	Lot Z DP 385117, Lot B DP 363878 66-68 Castle Howard Road, Beecroft
Applicant:	Mr A Morison
Owner:	Mr A & Mrs J Morison
Statutory Provisions:	Hornsby Shire Local Environmental Plan, 1994 Residential AS (Low Density-Sensitive Lands) Zone
Estimated Value:	$398,800
Ward:	C

Development Application No:	586/2008
Description of Proposal:	Erection of a dwelling-house on a battle-axe allotment
Property Description:	Lot Z DP 385117, Lot B DP 363878, 66-68 Castle Howard Road, Beecroft – Proposed Lot 12
Applicant:	Mr A Morison
Owner:	Mr & Mrs J Morison
Statutory Provisions:	Hornsby Shire Local Environmental Plan, 1994 Residential AS (Low Density Sensitive Lands) Zone
Estimated Value:	$398,800
Ward:	C

1.View	Planning Circular PS 08-013
2.View	HSLEP (Amendment No.76) - East Epping and Essex Street Heritage Conservation Area
3.View	HSLEP (Amendment No.84) - Mount Errington (Hornsby West Side) Heritage Conservation Area
4.View	HSLEP (Amendment No.86) - Rosebank Avenue Heritage Conservation Area

1.View	Attachment A - Current Strategic Planning Programme
2.View	Attachment B - Summary of Projects
3.View	Attachment C - Status of Projects
4.View	Attachment D - Proposed 2009/2010 Strategic Planning Programme