Attachments of Planning Meeting

Hornsby Shire Council	Attachments

TABLE OF CONTENTS

A Ward

1 PLN241/08 Development Application - Aged or Differently Abled Persons Housing
2A Manor Road, Hornsby

Attachment 1: ... Locality Plan

Attachment 2: ... Site Plan

Attachment 3: ... Landscape Plans

Attachment 4: ... Floor Plans

Attachment 5: ... Shadow Diagrams

Attachment 6: ... Mt Wilga House Plans

Attachment 7: ... Letter - Community Consultation

2 PLN244/08 Construction of a Scout/Guide Hall
Lot 50 DP 739713, No. 1X Mountside Avenue, Mount Colah

Attachment 1: ... Locality Plan

Attachment 2: ... Architectural Plans

Attachment 3: ... Independent Town Planning Consultant's Report

3 PLN248/08 Development Application - Retirement Village (Glenhaven Green)
599 - 607 Old Northern Road Glenhaven

Attachment 1: ... Locality Plan

Attachment 2: ... Site Plan

Attachment 3: ... Landscape Plans

Attachment 4: ... Site Floor Plans

Attachment 5: ... Unit Floor Plans and Elevations

Attachment 6: ... Sections, Perspectives and Community Centre Plans.

Attachment 7: ... Creek Restoration Plans

Attachment 8: ... Staging Plan

Attachment 9: ... Comparison of Approved and Proposed Site Plan

B Ward Deferred

4 PLN247/08 Development Application - Alterations and additions to an existing community facility and use by the 'Hornsby Woodworking Men's shed'
Headen Park 3X Sinclair Avenue, Thornleigh

Attachment 1: ... Minutes PLN213/08

Attachment 2: ... Executive Manager's Report No. PLN213/08

Attachment 3: ... Independent Town Planning Consultancy Report by Nexus Environmental Planning Pty Ltd

C Ward

5 PLN237/08 Development Application - Multi-unit housing development comprising two dwellings and subdivision
23 Hills Avenue, Epping

Attachment 1: ... Locality Plan

Attachment 2: ... Demolition Plan

Attachment 3: ... Site Plan

Attachment 4: ... Floor Plan

Attachment 5: ... Elevations

Attachment 6: ... Landscape Plan

Attachment 7: ... Subdivision Plan

Attachment 8: ... Shadow Diagram

6 PLN239/08 ERECTION OF A DWELLING-HOUSE ON A BATTLE-AXE ALLOTMENT
PROPOSED LOT 11, 66 & 68 CASTLE HOWARD ROAD BEECROFT

Attachment 1: ... Locality Plan

Attachment 2: ... Roof Plan

Attachment 3: ... Floor Plans

Attachment 4: ... Elevations

Attachment 5: ... Shadow Diagrams

Attachment 6: ... Site Plan

Attachment 7: ... Minutes to Executive Manager's Report PLN188/08

Attachment 8: ... Executive Manager's Report PLN188/08

Attachment 9: ... Minutes to Executive Manager's Report PLN138/08

Attachment 10: . Executive Manager's Report PLN138/08

7 PLN240/08 Erection of a dwelling-house on a battle-axe allotment
Proposed Lot 12, 66-68 Castle Howard Road, Beecroft

Attachment 1: ... Locality Plan

Attachment 2: ... Sections

Attachment 3: ... Survey Plan

Attachment 4: ... Site Plan

Attachment 5: ... Elevations

Attachment 6: ... Shadow Diagrams

Attachment 7: ... Floor Plans

Attachment 8: ... Minutes Executive Manager's Report PLN210/2008

Attachment 9: ... Executive Manager's Report PLN210/2008

Attachment 10: . Minutes and Executive Manager's Report PLN139/2008

General Business

8 PLN245/08 Consideration of Draft Environmental Planning Instruments - Department of Planning Circular

Attachment 1: ... Planning Circular PS 08-013

Attachment 2: ... HSLEP (Amendment No.76) - East Epping and Essex Street Heritage Conservation Area

Attachment 3: ... HSLEP (Amendment No.84) - Mount Errington (Hornsby West Side) Heritage Conservation Area

Attachment 4: ... HSLEP (Amendment No.86) - Rosebank Avenue Heritage Conservation Area

9 PLN246/08 Strategic Planning Programme Review - 2009

Attachment 1: ... Attachment A - Current Strategic Planning Programme

Attachment 2: ... Attachment B - Summary of Projects

Attachment 3: ... Attachment C - Status of Projects

Attachment 4: ... Attachment D - Proposed 2009/2010 Strategic Planning Programme

Hornsby Shire Council

Attachment to Report No. PLN247/08 Page 102

	For Action
Meeting: Planning		19/11/2008
TO: Town Planner - Southern Assessment Team, Team 2 (Caroline Maeshian)

Subject:

Development Application - Alterations and additions to an existing community facility and use by the ‘Hornsby Woodworking Men’s shed’

Headen Park 3X Sinclair Avenue, Thornleigh

Target Date:

3/12/2008

Notes:

Mr Bruce Stuckey, of Thornleigh, addressed Council regarding this item.

Mr Martin Fox, of Thornleigh, addressed Council regarding this item.

Mr Brian Hart, on behalf of the Hornsby Woodworking Men’s Shed, addressed Council regarding this item.

RESOLVED ON THE MOTION OF COUNCILLOR Mills, seconded by COUNCILLOR Hutchence,

THAT:

1. Consideration of Development Application No. 542/2008 for alterations and additions to an existing community facility and use of that facility by the ‘Hornsby Woodworking Men's Shed’ at Lot 47, DP 35569, No. 3X, Sinclair Avenue, Thornleigh (Headen Park) be deferred to allow investigation into:

a. An alternate building design that is of a more regular rectangular shape.

b. The installation of lighting and landscaping which reduces the opportunity for antisocial behaviour.

c. The of hours of operation.

d. The potential impact of stormwater on adjoining properties.

2. A further report be prepared for Council’s consideration no later than thefirst Planning Meeting in March 2009.

FOR: Councillors Browne, Evans, Hutchence, Martin, McMurdo, Mills, Russell and Smart

AGAINST: NIL.

Open Item in Minutes

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Officer’s Notes

Hornsby Shire Council

Attachment to Report No. PLN247/08 Page 106

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.

Drawn by

Dated

SK-01, Issue B

SK-02, Issue B

Leech Harmon Architects

August 2008

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

Building Code of Australia

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

Note: 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.

Fire Upgrading

3. The existing building is to be upgraded to bring it into compliance with Parts C, D and E of the Building Code of Australia.

Council Property

4. The land and adjoining areas are to be kept in a clean and tidy condition at all times. Litter and rubbish shall be placed in containers and removed from the site. A waste storage container is to be provided at the commencement of the building work.

5. The cost of repairing any damage caused to Council's assets as a result of construction works associated with the approved development is to be met in full by the applicant/developer prior to the issue of a subdivision certificate.

Hours of Construction

6. 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.

Fire Safety Schedule

7. 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

8. 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

9. 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.

Drainage

10. 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.

(b) Provide for drainage discharge to the existing drainage swale and be provided with a headwall and energy dissipator.

(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.

11. Roof and Wall construction of the proposed extension are to be constructed in accordance with the recommendations made in the Noise Impact Assessment – Extension to Headen Park Woodworking Men’s Shed prepared by Reverb Acoustics dated August 2008.

12. The applicant shall protect overland flow paths, drains, adjoining land and downstream water quality from sedimentation. Accordingly, sediment and erosion control measures must be implemented in conjunction with the Site Plan prepared by Leech Harmon Architects dated April 2008, prior to excavation, and maintained during construction.

Operation of Centre

13. 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).

14. In accordance with the Noise Impact Assessment – Extension to Headen Park Woodworking Men’s Shed prepared by Reverb Acoustics dated August 2008 automatic door closers are to be fitted to the main doors to ensure they are not inadvertently left open.

15. Hours of operation for wood working activities are to be restricted to Tuesdays, Fridays and the first and third Sundays of the month between the hours of 10:00 am and 3:00 pm.

- END OF CONDITIONS -

Hornsby Shire Council

Attachment to Report No. PLN240/08 Page 227

MINUTES OF Planning Meeting

Held at Council Chambers, HORNSBY

on Wednesday, 5 November, 2008

at 6:39 pm

PRESENT

Councillors Berman (Chairperson), Chopra, Evans, Hutchence, Martin, Mills, Russell and Smart

NATIONAL ANTHEM

OPENING PRAYER

Pastor James Sutherland, from Thornleigh Community Baptist Church, opened the Meeting in prayer.

Acknowledgement of RELIGIOUS DIVERSITY

Statement by the Chairperson:

"We recognise our Shire's rich cultural and religious diversity and we acknowledge and pay respect to the beliefs of all members of our community, regardless of creed or faith."

ABORIGINAL RECOGNITION

Statement by the Chairperson:

"We recognise the traditional inhabitants of the land we are meeting on tonight, the Darug and Guringai Aboriginal people, and respect is paid to their elders and their heritage."

AUDIO RECORDING OF COUNCIL MEETING

Statement by the Chairperson:

"I advise all present that tonight's meeting is being audio recorded for the purpose of assisting in the accuracy of the Minutes. The recordings may be accessed by members of the public once the Minutes have been finalised and speakers are requested to ensure their comments are relevant to the issue at hand and refrain from making personal comments or criticisms."

APOLOGIES

RESOLVED ON THE MOTION OF COUNCILLOR Evans, seconded by COUNCILLOR Hutchence,

THAT an apology be received and accepted for the non-attendance of COUNCILLORS BROWNE and MCMURDO.

declarations of interest

COUNCILLOR HUTCHENCE declared a non-significant non-pecuniary interest in Item 3 - Report No. PLN209/08 – Development Application – Erection of a Dwelling-House on a Battle-Axe Allotment (Proposed Lot 11) 66-68 Castle Howard Road, Beecroft. Refer to that Item for details.

COUNCILLOR HUTCHENCE declared a non-significant non-pecuniary interest in Item 4 - Report No. PLN210/08 – Development Application – Erection of a Dwelling-House on a Battle-Axe Allotment (Proposed Lot 12) 66-68 Castle Howard Road, Beecroft. Refer to that Item for details.

confirmation of minutes

RESOLVED ON THE MOTION OF COUNCILLOR Hutchence, seconded by COUNCILLOR Evans,

THAT the Minutes of the Planning Meeting held on Wednesday 15 October 2008 be confirmed, a copy having been distributed to all Councillors.

FOR: Councillors Berman, Chopra, Evans, Hutchence, Martin, Mills, Russell and Smart.

AGAINST: NIL.

petitions

Nil.

Mayoral Minutes

Nil.

Notices of Motion

Nil.

Rescission Motions

1 RM8/08 Rescission Motion - Development Application No. DA/928/2007 at Lot 12 DP 1079875 (No. 2A) Manor Road

(DA/928/2007)

Ms Pauline Fisher-Mou, of Hornsby, addressed Council regarding this item.

Mr Eng-Joo Ong, of Hornsby, on behalf of the Mount Wilga Neighbourhood Group, addressed Council regarding this item.

Mr Jim Blake, of Hornsby, addressed Council regarding this item.

Mr Richard Ford, of Hornsby, on behalf of the Mount Wilga Neighbourhood Group, addressed Council regarding this item.

Mr Andrew Chappell, on behalf of Austcorp, addressed Council regarding this item.

RESOLVED ON THE MOTION OF COUNCILLOR Russell, seconded by COUNCILLOR Mills,

THAT the resolution adopted at the Planning Meeting held on 15 October 2008 in respect of Item 3, Report No. PLN204/08 – Development Application – Aged or Differently Abled Persons Housing, 2A Manor Road, Hornsby namely:-

"THAT Development Application No. DA/928/2007 at Lot 12 DP 1079875 (No. 2A) Manor Road, Hornsby be refused as the applicant has failed to demonstrate that it would not have an adverse traffic, parking, bushfire hazard and amenity impact on the neighbouring residents.”

be, and is hereby rescinded.

FOR: Councillors Berman, Chopra, Evans, Hutchence, Mills, Russell and Smart.

AGAINST: Councillor Martin.

_____________________

Ms Kirsty Woodward, of Hornsby, addressed Council regarding this item.

Rev Neil Flower, of Hornsby, on behalf of the Mount Wilga Neighbourhood Group, addressed Council regarding this item.

RESOLVED ON THE MOTION OF COUNCILLOR Russell, seconded by COUNCILLOR Mills,

THAT consideration of Development Application No. DA/928/2007 at Lot 12 DP 1079875 (No. 2A) Manor Road, Hornsby be deferred 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

· aesthetic impact of the buildings in relation to other surrounding properties.

FOR: Councillors Berman, Chopra, Evans, Hutchence, Martin, Mills, Russell and Smart

AGAINST: NIL.

AT THIS POINT IN THE MEETING (8:02PM) THE MAYOR ADJOURNED THE MEETING. THE MEETING RESUMED AT 8:04PM.

MATTERS OF URGENCY

Nil.

ITEMS PASSED BY EXCEPTION / CALL FOR SPEAKERS ON AGENDA ITEMS

THE MAYOR ANNOUNCED his intention to deal with the balance of the Business Paper

by the exception method and announced the items.

Items 2, 3, 4 and 5 were withdrawn for discussion.

For the sake of clarity, the above items are recorded in Agenda sequence.

Note: Persons wishing to address Council on matters which were on the Agenda were permitted to speak, prior to the item being discussed, and their names are recorded in the Minutes in respect of that particular item.

DEVELOPMENT APPLICATIONS

A Ward Deferred

Nil.

A Ward

Nil.

B Ward Deferred

Nil.

B Ward

2 PLN211/08 Alterations & Additions to a dwelling-house, demolition of a pool shed and erection of a cabana, 22 Warandoo Street, Hornsby

(DA/167/2007)

Mr Greg Butler, of Hornsby, addressed Council regarding this item.

Ms Tracy Grant, of Hornsby, addressed Council regarding this item.

Mr Allan Just, of Wahroonga, addressed Council regarding this item.

Ms Diana Prowse, on behalf of the Applicant, addressed Council regarding this item.

RESOLVED ON THE MOTION OF COUNCILLOR Mills, seconded by COUNCILLOR Evans,

THAT Council refuse Development Application No. 167/2007 for alterations and additions to a dwelling house, the demolition of a pool shed and the erection of a cabana at Lot 9, DP 200132, No. 22 Warandoo Street, Hornsby for the following reasons:

1. Pursuant to the provisions of Section 79C(1)(a) and (b) of the Environmental Planning and Assessment Act 1979, the height of the proposed dwelling-house additions will unreasonably impact on the outlook currently enjoyed from the living rooms within the adjoining dwelling to the north at No. 20 Warandoo Street, Hornsby.

2. Pursuant to the provisions of Section 79C(1)(a) and (b) of the Environmental Planning and Assessment Act 1979, the proposed pool cabana does not comply with the setbacks element of the Dwelling House Development Control Plan and consequently, insufficient area is provided for landscape planting to screen the structure from view from surrounding properties particularly at the rear. As a consequence, the structure will adversely impact on the amenity of the properties adjoining at the rear.

3. Pursuant to the provisions of Section 79C(1)(a) and (b) of the Environmental Planning and Assessment Act 1979, the proposed rear deck and balcony to the dwelling-house additions will adversely impact on the privacy of the adjoining property to the south at No. 24 Warandoo Street, Hornsby.

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

FOR: Councillors Berman, Chopra, Evans, Hutchence, Martin, Mills, Russell and Smart.

AGAINST: NIL.

C Ward Deferred

Nil.

C Ward

3 PLN209/08 Development Application - Erection of a dwelling-house on a battle-axe allotment (Proposed Lot 11), 66-68 Castle Howard Road, Beecroft

(DA/585/2008)

NOTE: COUNCILLOR HUTCHENCE declared a non-significant non-pecuniary interest in this item under Clause 51A of Council's Code of Meeting Practice (see Declarations of Interest in these Minutes). As stated on the Declaration of Interest form by COUNCILLOR HUTCHENCE, the nature of the interest was “One of the objectors was once a lecturer of mine.”, and the explanation of why the interest does not require further action in the circumstances was “Too far removed from the matter and has no impact as to my decision making process”. COUNCILLOR HUTCHENCE remained present for discussion and voting on the item.

Ms Julie Zetler, of Beecroft, addressed Council regarding this item.

Ms Ilona Kernick, of Beecroft, addressed Council regarding this item.

Mr John Slade, of Beecroft, on behalf of the Beecroft Cheltenham Civic Trust, addressed Council regarding this item.

Mr Alister Morison, of Beecroft, addressed Council regarding this item.

NOTE: The residents who spoke in respect of this item stated that their comments were also relevant to item 4, but did not speak separately to that item.

RESOLVED ON THE MOTION OF COUNCILLOR Martin, seconded by COUNCILLOR Russell,

THAT

1. Consideration of Development Application No. 585/2008 at Lot Z DP 385117, Lot B DP 363878, 66-68 Castle Howard Road, Beecroft be deferred to allow assessment of the amended plans which were tabled at the Planning Meeting held on 5 November 2008.

2. Following such assessment the matter be re-submitted to Council for further consideration.

FOR: Councillors Berman, Chopra, Evans, Martin and Russell

AGAINST: Councillors Hutchence, Mills and Smart

4 PLN210/08 Development Application - Erection of a dwelling-house on a battle-axe allotment (Proposed Lot 12), 66-68 Castle Howard Road, Beecroft

(DA/586/2008)

NOTE: COUNCILLOR HUTCHENCE declared a non-significant non-pecuniary interest in this item under Clause 51A of Council's Code of Meeting Practice (see Declarations of Interest in these Minutes). As stated on the Declaration of Interest form by COUNCILLOR HUTCHENCE, the nature of the interest was “One of the objectors used to be my lecturer.”, and the explanation of why the interest does not require further action in the circumstances was “Does not impact my decision making process in relation to this DA”. COUNCILLOR HUTCHENCE remained present for discussion and voting on the item.

NOTE: Refer to Note regarding speakers at Item 3.

RESOLVED ON THE MOTION OF COUNCILLOR Martin, seconded by COUNCILLOR Russell,

THAT

1. Consideration of Development Application No. 586/2008 at Lot Z DP 385117, Lot B DP 363878, 66-68 Castle Howard Road, Beecroft be deferred to allow assessment of the amended plans which were tabled at the Planning Meeting held on 5 November 2008.

2. Following such assessment the matter be re-submitted to Council for further consideration.

FOR: Councillors Berman, Chopra, Evans, Martin and Russell

AGAINST: Councillors Hutchence, Mills and Smart

General Business

5 PLN215/08 Outcome of proceedings in the NSW Land and Environment Court - Aboriginal Land Claims

(F2006/00437)

Ms Robyn Borkovic, on behalf of the Berowra Heights United Residents Action Group, addressed Council regarding this item.

RESOLVED ON THE MOTION OF COUNCILLOR Evans, seconded by COUNCILLOR Hutchence,

THAT:

1. The contents of Executive Manager’s Report No. PLN215/08 advising that Aboriginal Land Claims 6323, 6324, 6326 and 6465 have been granted, be received and noted.

2. When the Metropolitan Local Aboriginal Land Council has received title to the Aboriginal Land Claims, Council:

2.1 Advise the Metropolitan Aboriginal Land Council of its intention to progress the rezoning of lands with no development potential with Aboriginal Land Claims 6326 and 6465 in the preparation of Council’s Comprehensive Local Environmental Plan which is due to be completed by March 2011.

2.2 Invite the Metropolitan Aboriginal Land Council to submit a land capability assessment for the lands for Council’s consideration as part of the rezoning process.

FOR: Councillors Berman, Chopra, Evans, Hutchence, Martin, Mills, Russell and Smart

AGAINST: NIL.

SUPPLEMENTARY AGENDA

Nil.

CONFIDENTIAL ITEMS

Nil.

QUESTIONS OF WHICH NOTICE HAS BEEN GIVEN

Nil.

QUESTIONS WITHOUT NOTICE

Nil.

THE MEETING terminated at 9.37pm.

These Minutes were confirmed at the meeting held on Wednesday, 19 November, 2008, at which meeting the signature hereunder was subscribed.

CONFIRMED CHAIRMAN

___________________________________________________________________________

EXECUTIVE SUMMARY

1. The application proposes the erection of a part one and two storey dwelling-house on a battle-axe allotment yet to be registered with the NSW Department of Lands.

2. Council considered this application on 2 July 2008 and resolved to defer consideration to enable the applicant to submit amended plans that address concerns regarding scale, privacy and the loss of trees.

3. The applicant has commenced Class 1 proceedings in the Land and Environment Court against Council’s deemed refusal the application. The matter has been set down for callover on 24 October 2008.

4. The application generally complies with the requirements of Council’s Dwelling House DCP and meet the objectives of the zone.

5. Six submissions have been received in respect of the amended application.

6. It is recommended that the application be approved.

HISTORY OF THE APPLICATION

On 2 July 2008, Council considered the subject application and resolved:

“THAT Development Application No. 586/2008 for the erection of a one and two storey dwelling-house be deferred to allow the applicant to:

1. Ensure the development complies with the prescriptive measures set out in the DCP by considering reduction in the dwelling scale.

2. Provide a statement exploring the loss of significant trees and impact of the development on existing trees.

3. Introduce further measures to protect the privacy of the neighbours.”

In response, the applicant has submitted an amended Statement of Environmental Effects and plans showing the relationship in elevation and set backs between the subject development and the neighbouring properties at 20b and 22 Boronia Avenue and 28 Murray Road.

On 26 September 2008, the applicant lodged an appeal in the Land & Environment Court against Council’s deemed refusal of the application. The matter has been set down for callover on 24 October 2008.

A detailed assessment of the merits of the application against the matters for consideration pursuant to S79C of the Environmental Planning and Assessment Act 1979 has been undertaken in the Executive Manager’s previous report to Council. A copy of that report together with supporting information is held at Attachment 2 to this report.

SUPPLEMENTARY ASSESSMENT

Natural Environment

In accordance with Council’s ‘Resolution 2’ at its 2 July, 2008 meeting, the proposal was further assessed in respect of the proposed removal of critically endangered threatened species on site.

The assessment reveals that the site occurs near remnant bushland mapped as Blackbutt Gully Forest (Smith and Smith 2007) within Castle Howard Reserve. The subject site for the proposed dwelling is highly modified and contains a significant invasion of introduced environmental weeds including Trad (Tradescantia flumiensis) and Panic Veld Grass (Ehrharta erecta).

A group of remnant indigenous canopy trees species include Smooth-barked Apple (Angophora costata), Red Stringybark (Eucalyptus resinifera) and Sydney Turpentine (Syncarpia glomulifera) occurring in the middle of the proposed building envelope. The native vegetation is consistent with a highly degraded form of Blackbutt Gully Forest (Smith and Smith 2008) and is considered to contain poor resilience of native seed bank.

In accordance with permissible planning requirements, the site does not accommodate an alternative building envelope or design that would practically retain additional native trees for the longer term.

It is noted that a Flora and Fauna Report has not been provided with the application. However, given the poor native resilience of the site and the lack of threatened species or their habitats, the provision of a Flora and Fauna Report is not considered necessary.

The assessment concludes that it is unlikely that the proposal would have a significant impact upon species, populations and endangered ecological communities listed under the Threatened Species Conservation Act, 1995.

CONCLUSION

As detailed in the previous officer’s report, the proposed dwelling-house is permissible within the zone under the Hornsby Local Environmental Plan, 1994.

It is considered that the most recent concerns regarding the impact of the development on nearby bushland have been satisfactorily addressed. The proposal is in keeping with the established area with regard to its design and building setbacks and is not inconsistent with the height of the existing dwelling-houses on the adjoining properties. The proposal would have minimal impacts on the amenity of the surrounding residential area and satisfies the relevant objectives and requirements of the Dwelling House DCP.

Having regard to the circumstances of the case, it is recommended that Council approve the application subject to the conditions of consent held at Schedule A and B

Hornsby Shire Council

Attachment to Report No. PLN240/08 Page 237

SCHEDULE A

DEFERRED COMMENCEMENT

i. This consent does not operate until the following information is submitted to Council:

a) Evidence that the plan of subdivision has been lodged with the NSW Department of Lands creating the proposed lot is submitted to Hornsby Shire Council.

Upon Council’s written acceptance of the above information, the Conditions listed in Schedule B of development consent will apply:

SCHEDULE B

GENERAL CONDITIONS

The conditions of consent within this notice of determination have been applied to ensure that the use of the land and/or building is carried out in such a manner that is consistent with the aims and objectives of the planning instrument affecting the land.

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

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

Approved Plans and Supporting Documentation

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

Plan No.s

Drawn by

Dated

A-01/B to A-04/B, A-05/A and A-06/A (lot 12)

Stephen Wu Architects P/L

05/08/08

S.14382 -Trees on plan of subdivision (lot 12)

P. S Graham

12/09/06

Important Note: This development consent only permits the removal of tree(s) 47, 48, 49, 50 and 51 as identified on Plan No. S.14382 prepared by P.S. Graham and Associates dated 12/9/06. The removal of any other trees requires separate approval under Council’s Tree Preservation Order.

REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

The following conditions of consent must be complied with prior to the issue of a ‘Construction Certificate’ by either Hornsby Shire Council or an accredited certifier. All necessary information to demonstrate compliance with the following conditions of consent must be submitted with the application for a construction certificate.

Bush Fire Protection

2. The development must be designed and constructed in accordance with Australian Standard 3959 – Building in Bushfire Prone Areas, ‘Level 1 Construction’.

Note: Timbers treated with an applied intumescent paint are no longer recognised by the Rural Fire Service as a fire retardant treated timber or a performance option to increase fire resistance.

3. Roofing must have leafless guttering and valleys must be screened with non corrosive mesh to prevent the build up of flammable material. Any material used should have a Flammability Index no greater than 5.

Building Code of Australia

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

Contract of Insurance (Residential Building Work)

5. In the case of residential building work for which the Home Building Act 1989 requires there to be a contract of insurance in force in accordance with Part 6 of that Act, that such a contract of insurance is in force before any building work authorised to be carried out by the consent commences.

Note: This condition does not apply to the extent to which an exemption is in force under Clause 187 or 188 of the Act, subject to the terms of any condition or requirement referred to in Clause 187(6) or 188(4) of the Act, or to the erection of a temporary building.

Notification of Home Building Act, 1989 Requirements

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

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

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

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

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

i) The name of the owner-builder, and

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

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

Sydney Water – Quick Check

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

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

Internal Driveways/Accessway

8. The internal driveway and parking areas must be designed in accordance with Australian Standards 2890.1, 2890.2 and 3727 and the following requirements:-

(i) The driveway must be a rigid pavement; and

(ii) Grades in excess of 25% are not permitted and changes in grades must not exceed 8%.

Stormwater Drainage

9. The stormwater drainage system must be designed and constructed to the following requirements:

a) Satisfactorily drain rainfall intensities for an average recurrence interval of 20 years; and

b) Be gravity drained into Council's street drainage system, piped drainage system or existing interallotment drainage system.

Drainage - On Site Detention

10. An on-site-detention system must be designed and constructed with a capacity of not less than 5 cubic metres and a maximum discharge, when full, of 8 litres/second. The system must be designed by a chartered professional civil engineer to the following requirements:

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

b) Stormwater discharge from the detention system is to be controlled via a 1 metre length of pipe not less than 50 millimetres in diameter alternatively a stainless plate with sharply drilled orifice to correct diameter bolted securely over the face of the outlet discharging into a larger diameter pipe capable of carrying the design flow to Council's gutter/stormwater pit;

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

d) An on-site detention system located within private or common courtyard areas must be designed so that it does not impact on the amenity of the development or the use of such areas.

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

The following conditions of consent must be complied with prior to the commencement of any works on the site. The conditions have been imposed to ensure that the works are carried out in such a manner that complies with relevant legislation and Council’s policies and does not disrupt the amenity of the neighbourhood or impact upon the environment.

Sediment and Erosion Control

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

Erection of Construction Sign

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

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

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

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

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

Trees Protection Barriers

13. Trees numbered 40 must be protected by the construction of 1.8m cyclone chainmesh fencing erected around the tree at a distance of 4 metres from the trunk of the tree.

14. Trees numbered 8, 10, 19, 20, 38 and 39 must have their trunks protected by 2m lengths of 75 millimetres x 25 millimetres hardwood timbers spaced at 80 millimetres secured with galvanised wire (not fixed or nailed to the tree in any way).

DEVELOPMENT REQUIREMENTS DURING CONSTRUCTION

The following conditions of consent have been imposed to ensure that the administration and amenities relating to the proposed development comply with all relevant requirements. These conditions are to be complied with during the construction of the development on site.

Survey Reports

15. To ensure that the building is being erected in accordance with the approval, a registered surveyor’s report must to be submitted to the principal certifying authority at each level of the building (prior to the pouring of concrete) certifying that:

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

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

Tree Protection

16. Trees protection barriers installed around trees numbered 8, 10, 19, 20, 38, 39 and 40 must be maintained throughout the course of construction.

17. Works within 3 metres from any trees required to be retained must be carried out under the supervision of qualified level 5 arborist and a certificate submitted to the Principal Certifying Authority certifying that the works would not impact on the health of the tree(s).

Hours of Construction

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

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION

The following conditions of consent must be complied with prior to the ‘Principal Certifying Authority’ issuing an ‘Occupation Certificate’.

Note: For the purpose of this consent, any reference to ‘occupation certificate’ must also be taken to mean ‘interim occupation certificate’.

Fulfilment of BASIX Commitments

19. The applicant must demonstrate the fulfilment of BASIX commitments pertaining to the development. (Clause 97A(3) of the Environmental Planning and Assessment Regulation, 2000.)

Creation of Easements, Restrictions or Covenants

20. A “Positive Covenant" and "Restriction as to User" must be created in favour of Council over the completed on-site detention system(s) in accordance with Council’s standard wording to ensure the continued maintenance and performance of the stormwater management system. The lodgement of the “Positive Covenant" and "Restriction as to User” to Council must be accompanied by a “Works-as-executed Plan” prepared by a registered surveyor and certified by a design engineer.

Damage to Council Assets

21. Prior to an Interim/Final Occupation Certificate being issued, a letter from Council must be obtained confirming that no damage has been caused to Council’s assets.

22. The repair of any damage caused to Council's assets in the vicinity of the subject site as a result of construction works associated with the approved development is to be completed to Council’s requirements at no cost to Council.

Landscaping

23. To maintain local tree canopy cover, 3 medium to large locally native trees are to be planted on the subject site. The planting location must not be within 3 metres of the foundation walls of the dwelling-house. 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.

24. To ensure that species indigenous to the Hornsby Shire are planted to reflect the bushland character of the area and enhance the local biodiversity, landscaping is to be primarily composed of locally occurring native species, as listed in the Hornsby Council planting guide, “Indigenous Plants for the Bushland Shire”, available at Council or on Council’s web site: www.hornsby.nsw.gov.au. Landscape plants must be non-invasive and not have the potential to spread into the surrounding bushland. Indigenous native trees proposed for replanting must be located more than 4 metres from any building structure.

OPERATIONAL CONDITIONS

The following conditions have been applied to ensure that the ongoing use of the land is carried out in such a manner that complies with relevant legislation and Council’s policies and does not disrupt the amenity of the neighbourhood or impact upon the environment.

Bushfire Management

The following conditions have been applied to ensure that the building is constructed and the land is managed in such a manner that is consistent with the aim and objectives of the NSW Rural Fire Service publication ‘Planning For Bush Fire Protection, 2006’.

Note: Further information concerning planning for bush fire protection can be found at: www.rfs.nsw.gov.au.

Inner Asset Protection Zone

25. The entire property must be maintained as an ‘Inner Protection Area’ in accordance with the following:

a) minimise fine fuel at ground level;

b) only retain vegetation that does not provide a continuous path to building(s) for the transfer of fire;

c) only retain shrubs and trees that do not form a continuous canopy and vegetation planted/cleared into clumps rather than continuous rows;

d) do not plant vegetation that retains dead material or deposits excessive quantities of ground fuel;

e) shrubs and trees are pruned or removed so they do not touch or overhang the building/s; and

f) vegetation be maintained at a sufficient setback from the building/s so plants will not ignite the building/s by direct flame contact or radiant heat emission.

Bush Fire - Access

26. Unrestricted access must be available around the property for fire fighting personnel at all times.

Bush Fire - Landscaping Requirements

27. Landscaping must comply with the principles within Appendix 5 of Planning for Bush Fire Protection, 2006 and the following requirements:

a) use of low flammability vegetation species comprising maximum tree cover of less than 30%, and maximum shrub cover less than 20%;

b) courtyards/pathways/lawns/ and/or ground cover plantings without flammable woodchips/mulch only to be 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 in contact with the building;

d) planting not to provide a continuous canopy to the building (i.e. trees or shrubs be isolated or located in small clusters);

e) use smooth bark species of trees species which generally do not carry a fire up the bark into the crown and avoid deciduous species, climbing species or species with rough fibrous bark, or which retain/shed bark in long strips or retain dead material in their canopies;

f) locate combustible materials such as woodchips/mulch, flammable fuel stores away from the building.

ADVISORY NOTES

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

Environmental Planning and Assessment Act, 1979 Requirements

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

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

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

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

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

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

Long Service Levy

2. Under Section 34 of the Building and Construction Industry Long Service Payments Act 1986, any work costing $25,000 or more is subject to a Long Service Levy. The levy rate is 0.35% of the total cost of the work and must be paid to either the Long Service Payments Corporation or Hornsby Shire Council. Under Section 109F (1) of the Environmental Planning & Assessment Act, 1979 this payment must be made prior to a construction certificate being issued. (clause 98(1) (b) of the Environmental Planning and Assessment Regulation. 2000.)

- END OF CONDITIONS -


Our Reference:	DA/928/2007
Contact Person:	Deborah Krzeminski
Hours:	8.30 am to 4.30 pm
Telephone:	9847 6760
Fax:	9847 6996


25 November 2008

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

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
Applicant:	Mr A Morison
Owner:	Mr A and Mrs J Morison
Statutory Provisions:	Hornsby Shire Local Environmental Plan 1994 Residential AS (Low Density-Sensitive Lands)
Estimated Value:	$394,680
Ward:	C

1.	Locality Plan
2.	Site Plan
3.	Floor Plan and Elevations
4.	Landscape Plan
5.	Nexus Environmental Planning P/L Consultant's Report

1.	Locality Plan
2.	Plans
3.	Executive Manager's Report & Minutes PLN139/08 (including plans)