Agenda of Planning Meeting

1.View	Locality Plan
2.View	DA Plan
3.View	Document from Steel Modular Systems

File Reference: DA/15/2009

Document Number: D01149225

SCHEDULE 1

GENERAL CONDITIONS

The conditions of consent within this notice of determination have been applied to ensure that the use of the land and/or building is carried out in such a manner that is consistent with the aims and objectives of the 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 shall be taken to mean the gazetted Act or Regulation, or adopted Australian Standard or publication as in force on the date that the application for a construction certificate is made.

1. Approved Plans and Supporting Documentation

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

*Plan No.*	*Drawn by*	*Rev*	*Dated*
Site Plan and Elevations (as amended)	Steel Modular Systems Australia Pty. Ltd.	A	24/3/2009

Document No.

Prepared by

Dated

Cover sheet for proposed garage located at 44 Brooklyn Road, Brooklyn

Steel Modular Systems Pty. Ltd.

24/3/2009

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.

2. Building Code of Australia

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

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.

3. Erection of Construction Sign

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 demolition or building work and a telephone number on which that person may be contacted outside working hours.

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.

4. Erosion and Sediment Control

Erosion and sediment control measures must be provided and maintained throughout the construction period in accordance with the manual ‘Soils and Construction 2004 (Bluebook)’, the approved plans, Council specifications and to the satisfaction of the principal certifying authority. The erosion and sediment control devices must remain in place until the site has been stabilised and revegetated.

Note: On the spot penalties up to $1,500 may be issued for any on-compliance with this requirement without any further notification or warning.

REQUIREMENTS DURING CONSTRUCTION

The following conditions of consent must be complied with during the construction of the development. 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.

5. Construction Work Hours

All work on site (including demolition and earth works) must only occur between the following hours:

Monday to Saturday 7 am to 5 pm

Sunday & Public Holidays No work

6. Demolition

All demolition work must be carried out in accordance with Australian Standard 2601-2001 – The Demolition of Structures and the following requirements:

a. Should the presence of asbestos or soil contamination, not recognised during the application process be identified during demolition, the applicant must immediately notify the principal certifying authority and Council.

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

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’ shall also be taken to mean ‘interim occupation certificate’ unless otherwise stated.

7. Stormwater Drainage

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

a. Connected to the existing internal drainage system.

8. Maintain canopy cover

To maintain local tree canopy cover, one (1) tree such as Elaeocarpus reticulates (Blueberry Ash) or Ceratopetalum gummiferum (Christmas Bush) is to be planted on the subject site. The planting location must not be within 4 metres of the foundation walls of the dwelling. The pot size is to be a minimum 25 litres and the tree must be maintained and protected until they reach the height of 3 metres. The tree must be locally indigenous, from local plant stock (preferably), reach a mature height greater than 8 metres and have a life span greater than 20 years.

9. Use of materials

The fascias, roofing sheeting, roller doors and external wall cladding must be painted, factory pre-coloured or treated to prevent glare nuisance, in colours consistent with the 'Hillside Colours ' listed in the Colour Palette’ contained within the Brooklyn Development Control Plan (Appendix C). The profile of the external wall cladding must be horizontal.

Note: The Brooklyn Development Control Plan can be found on Council's website

- END OF CONDITIONS -

ADVISORY NOTES

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

Environmental Planning and Assessment Act 1979 Requirements

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 Services Branch on 9847 6760.

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 written notice prior to the commencement of any works.

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

Tree Preservation Order

To ensure the maintenance and protection of the existing natural environment, you are not permitted to ringbark, cut down, top, lop, remove, wilfully injure or destroy a tree outside three metres of the approved building envelope without prior written consent from Council. Fines may be imposed if you choose to contravene Council’s Tree Preservation Order.

Note: A tree is defined as a perennial plant with self supporting stems that are more than 3 metres or has a trunk diameter more than 150mm measured 1 metre above ground level, and excludes any tree declared under the Noxious Weeds Act (NSW).

Dial Before You Dig

Prior to commencing any works, the applicant is encouraged to contact Dial Before You Dig on 1100 or www.dialbeforeyoudig.com.au for free information on potential underground pipes and cables within the vicinity of the development site.

Asbestos Warning

Should asbestos or asbestos products be encountered during construction or demolition works you are advised to seek advice and information should be prior to disturbing the material. It is recommended that a contractor holding an asbestos-handling permit (issued by Work Cover NSW), be engaged to manage the proper disposal and handling of the material. Further information regarding the safe handling and removal of asbestos can be found at:

Alternatively, telephone the Work Cover Asbestos and Demolition Team on 8260 5885.

Planning Report No. PLN39/09

Date of Meeting: 3/06/2009

3 DEVELOPMENT APPLICATION - ERECTION OF A DWELLING-HOUSE
16B OSBORN ROAD, NORMANHURST

Development Application No:	DA/641/2008
Description of Proposal:	Erection of a dwelling-house
Property Description:	Lot 18, DP 1120186, No. 16B Osborn Road, Normanhurst
Applicant:	Mr M N Gyler
Owners:	Mr M N and Mrs M L Gyler
Statutory Provisions:	Hornsby Shire Local Environmental Plan, 1994 Residential A (Low Density) Zone
Estimated Value:	$320,000
Ward:	B

RECOMMENDATION

THAT Development Application No. DA/1641/2008 for the erection of a split level, one and two storey dwelling-house at Lot 18, DP 1120186, No. 16B Osborn Road, Normanhurst be approved subject to the conditions of consent detailed in Schedule 1 of this report.

EXECUTIVE SUMMARY

1. The application proposes the erection of a split level, one and two storey dwelling-house on a vacant, battle-axe allotment.

2. The proposal generally complies with the Hornsby Shire Local Environmental Plan, 1994 and Council’s Dwelling House Development Control Plan (DCP).

3. The application was deferred by Council on 6 May 2009, to allow further investigation of environmental issues relating to trees and an inspection of the site by Councillors.

4. It is recommended that the application be approved.

HISTORY OF THE SITE

On 6 March 2006, DA/70/2005 was approved for the demolition of a dwelling-house and the subdivision of one allotment into three.

As part of its approval of the application, Council required that part of the site be set aside as a “Bushland Regeneration Area” to protect existing vegetation on site. Council officers have been working with the land owner to obtain grants to effectively manage this part of the site.

HISTORY OF THE APPLICATION

At Council’s Planning Committee Meeting on 6 May 2009, Council considered the subject application and resolved:

“THAT consideration of the application be deferred to allow further investigation of environmental issues and an inspection of the site by interested Councillors.”

The resolution was based on a late submission from an adjoining property owner, which raised concerns that the recommendation to approve the dwelling-house did not take into consideration the environmental value of tree No. 21 located on the subject site. The matters raised in the late submission have been addressed in this report.

At the time of the preparation of this report, Councillors were scheduled to inspect the site on 3 June 2009.

THE SITE

The vacant site is located at the south-western end of the right-of-way on the western side of Osborn Road, Normanhurst. The irregular shaped battle-axe allotment has an area of 1044m², with a western boundary of 12.5m, a southern boundary of 42.32m, an eastern boundary of 35.42m and a northern boundary of approximately 25m.

The site has fall towards the rear southern boundary of the property at a grade of 1 in 8 and is subject to easements for access, services and drainage.

The site forms part of the Blue Gum High Forest Critically Endangered Ecological Community listed under the Threatened Species Conservation Act, 1995 and the Environment Protection and Biodiversity Conservation Act, 1999. A bushland regeneration area occupies the south western part of the site, with tree species that form part of the Blue Gum High Forest Community including Blackbutt (Eucalyptus pilularis) and Sydney Blue Gum (Eucalyptus saligna).

The site is primarily surrounded by post war style, weatherboard and brick one and two storey dwelling-houses, surrounded by well established trees and landscaped areas.

The site is within the vicinity of Loreto College and Convent, located on the eastern side of Osborn Road, which is listed as a heritage item of regional significance under Schedule D (Heritage Items) of the Hornsby Shire Local Environmental Plan, 1994.

One and two storey dwelling-houses are also located at premises No.s 20 and 22 Osborn Road and two storey dwelling-houses are located at premises No.s 12, 15, 21 and 21A Nepean Avenue and 26 Osborn Road.

THE PROPOSAL

The application proposes the construction of a split level, one and two storey dwelling-house. The ground floor consists of a family room, kitchen, dining room, bedroom/office and

laundry. A deck is proposed off the family room. Three bedrooms, a study/rumpus, bathroom and ensuite are located on the first floor. An intermediate level is proposed, containing a lounge room and double garage. The dwelling-house presents as single storey in height when viewed from the front and two storeys in height when viewed from the rear.

The setbacks would be 8.7m from the northern boundary, 1.16m to 1.88m from the eastern boundary, 24m from the western boundary and 9m from the southern boundary.

The overall height would be 7.5m when measured from the natural ground directly below.

Vehicle access is via a carriageway constructed as part of the subdivision that created the allotment.

Trees No. 21 and 34 would be removed to accommodate the development.

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 insofar as providing an additional dwelling and would increase the housing stock in the locality.

2. STATUTORY CONTROLS

2.1 Hornsby Shire Local Environmental Plan, 1994

The subject land is zoned Residential A (Low Density) under the 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; and

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

The proposed development is defined as a “dwelling-house” under the HSLEP and is permissible in the zone with Council’s consent.

Clause 15 of the HSLEP prescribes that the maximum floor space ratio (FSR) of development within the Residential A zone is 0.4:1. The applicant addresses this requirement by proposing a floor space ratio of 0.25:1.

2.2 Heritage Development Control Plan

The site is in the vicinity of a heritage item of regional significance, namely Loreto College and Convent at Nos. 91-93 Pennant Hills Road, Normanhurst.

The objective of the Heritage element of the Dwelling House DCP requires “The retention of heritage items and conservation of the heritage values in heritage conservation areas to provide continuity with the past”.

It is considered that the proposed development would not impact on the heritage item as the property is located on a battle-axe allotment, behind several existing dwelling-houses at the street frontage, and would not be highly visible within the streetscape.

The proposal meets the objectives of the Heritage DCP.

2.3 Dwelling House Development Control Plan

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

Dwelling House Development Control Plan
Control	Proposal	Requirement	Compliance
Floor Space Ratio	0.25:1	0.4:1	Yes
Site cover	21%	40%	Yes
Dwelling Height	7.5m	9m	Yes
No. of Storeys	1 and 2	1	No
Length of Building	14m	24m	Yes
Unbroken Wall Length	8m	10m	Yes
Private Open Space	600m²	120m²	Yes
Landscaping	74%	45%	Yes
Car parking	2 spaces	2 spaces	Yes
Cut and Fill	1.4m	1m	No
Solar access to neighbouring properties	4 hrs	4 hrs	Yes
BASIX Certificate	221859S	BASIX Certificate	Yes
Setbacks: -Front -Side -Side -Rear	8.7m 1.16m 24m 9m	6m 1m 1m 3m	Yes Yes Yes Yes

As detailed in the above table, the proposed development does not comply with the prescriptive measures of the Height and Design elements of the Dwelling House DCP. These matters of non-compliance are detailed below, together with a discussion on the proposal’s compliance with relevant performance standards.

2.3.1 Design (Cut and Fill)

The proposal complies with the objectives of the Design element of the Dwelling House DCP.

To offset any privacy concerns and visual impacts when viewed from adjoining properties, the dwelling-house was designed with a maximum cut at one point, of 1.4m below natural ground level. This minor variation from the 1m prescriptive measure is considered acceptable with minimal detrimental environmental impacts and a desirable outcome for adjoining properties in relation to privacy and visual impact.

2.3.2 Building Height

The proposal has a maximum building height of 7.5m above ground level, which complies with the maximum permissible 9m prescriptive measure of the Height element. Whilst the two storey height of the proposed development is consistent with similar dwelling-houses in the immediate area, the proposal does not comply with the prescriptive measures of the Height element which states that “Dwelling-houses on battle-axe allotments should not exceed single storey in height.”

The aim of this single storey height control is to minimise the impact of any development in terms of privacy, solar access and views enjoyed by adjacent properties.

The proposed 7.5m high dwelling-house would not impinge on any iconic or significant views from the adjacent premises at Nos 15, 17, 19 Nepean Avenue and Nos 16, 21A and 26 Osborn Road. Having regard to the visual character of the surrounding residential zone,

which is typified by dwelling-houses, trees and landscaped areas, it is unreasonable to expect that a new dwelling-house would not partially obstruct any outlook over this typical suburban environment.

The design of the building is consistent with contemporary two storey dwelling-houses erected throughout the immediate area.

The proposal would not have detrimental amenity impacts on the adjacent allotments in terms of privacy, solar access or views resulting from the non-compliance with the prescriptive measures and meets the objectives of the Height element of the Dwelling House DCP.

Under Council’s Dwelling House DCP, a dwelling-house can be erected to a height of 9m. Under the NSW Housing Code the maximum height is 7.9m. The proposal complies with both these codes.

The height of the proposed dwelling-house takes advantage of the slope of the site towards the rear boundary by incorporating a split level, one and two storey design. Whilst this proposal departs from the prescriptive measures of the Height element of the Dwelling House DCP which states that “dwelling-houses on battle axe allotments should not exceed single storey in height”, the variation to the development standard in this instance is considered to be acceptable for the following reasons:

· the dwelling-house has been designed to meet the overarching objective of the Height standard which requires “Building height consistent with residential development in the local area and that maximizes privacy, solar access and views”; and

· the two storey design allows for a smaller building footprint and the retention of trees on a site that forms part of the Blue Gum High Forest Endangered Ecological Community.

The design principle follows that of a number of contemporary dwelling-houses on battle-axe allotments within B and C Wards.

2.3.3 Privacy

The prescriptive measures of the Privacy element states that “where the proposed dwelling-house is two storeys, the living and entertaining areas should be located on the ground floor level”. Given that the rear, southern façade is two storeys in height, the application proposes the fitting of highlight style windows with a 1.5m sill height above finished floor level to the first floor level study/rumpus room. This raised sill height, together with the 9m separation from the rear boundary would effectively address any concerns regarding a loss of privacy in relation to the adjacent premises No. 21A Nepean Avenue.

A deck, up to 1.3m above ground level and 31m² in area, is proposed off the family room. To address privacy concerns from this active use area in relation to the adjacent premises No. 21A Nepean Avenue, lattice screening up to 2m in height is proposed along the southern side of the deck and a portion of the western side of the deck.

Whilst an objection was raised with respect to a loss of privacy from this deck in relation to the property to the west known as No. 19 Nepean Avenue, the 24m setback to the common boundary between the properties and the additional screen planting recommended within the bushland regeneration area is considered to be sufficient to provide privacy through separation.

2.3.4 Solar Access

A submission has been received from the owners of No. 21A Nepean Avenue raising concerns about the loss of solar access to the principle private open space area located in the rear, north-east corner of their property and to the northern and eastern facing windows of the dwelling-house.

The shadow diagrams submitted with the amended plans (that propose to relocate the house a further 500mm towards the front of the site and a further 100mm lower) indicate that the proposal would cast a shadow over the principle private open space of 21A Nepean Avenue at 9am on 22 June (the winter solstice). However, by 11am, this area, including the clothes line, would be no longer in a shadow cast by the proposal.

The shadow diagrams indicate that the proposed dwelling-house would cast a shadow over northern facing windows of No. 21A Nepean Avenue on the morning of 22 June. However, by 11am, the proposal would no longer cast any shadow over these windows. The extent of this overshadowing complies with the prescriptive measures of the Solar Access element which seeks development that allows “north facing windows to living areas of adjacent dwellings to receive 3 hours of sunshine between 9am and 3pm on 22 June”.

At Council’s request, further plans were submitted on 22 March and 5 May 2009, showing the extent of the vertical shadows cast on the winter solstice by the proposal on the northern façade of 21A Nepean Avenue, together with the shadows cast by the existing boundary fence along the boundary line in relation to the northern façade and the intervening area of private open space.

These diagrams confirm that the proposal is an acceptable development that meets the objectives of the Solar Access element of the Dwelling House DCP.

As a guide, the newly enacted NSW Housing Code – “Exempt and Complying Development for Detached Dwellings”, deals with overshadowing by way of separation. In this regard, the proposed 9m setback from 21A Nepean Avenue would exceed the requirement under the Housing Code.

2.3.5 Bulk and Scale

Clause 15 of the HSLEP prescribes that the maximum floor space ratio for development within the zone is 0.4:1. The applicant addresses this requirement by proposing a floor space ratio of 0.25:1. In this regard, the proposal would not be excessive in bulk and scale.

3. ENVIRONMENTAL IMPACTS

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

3.1 Natural Environment

The proposed development would necessitate the removal of two remnant Blue Gums (Eucalyptus saligna), marked as T21 and T34 on the site plan.

As the site is part of a Blue Gum High Forest being a Critically Endangered Ecological Community listed under the Threatened Species Conservation Act, 1995 an ‘Assessment of Significance’ was undertaken to determine if the subject development and in particular the removal of the nominated trees would have a significant impact on the Blue Gum High Forest, Gang-Gang Cockatoo, Powerful Owl or the five vulnerable species of Micro-chiropteran bats.

Following each assessment of significance for individual and groups of species on the site, it is Council’s assessment that there is not likely to be any significant impacts on the status of the above biota resulting from the development and therefore a Species Impact Statement is not required for any of the individual or groups of species as a result of either development.

It is recommended that the removal of T21 and T34 be offset by compensatory planting of 4 Blue Gum High Forest canopy species within the bushland regeneration area.

A copy of Council’s Threatened Species Considerations Assessment Of Significance is held at Attachment 8 of this report.

3.2 Built Environment

The proposed dwelling-house is in keeping with the established character of residential development in the area and is consistent in terms of design, height and setbacks with the form of development permitted in the locality.

The site is within the vicinity of the Loreto Convent group, grounds, gates and cemetery, which are heritage-listed items at 91-93 Pennant Hills Road. The development would not detract from the heritage value of these items, as it is located on a battle-axe lot and would not be visible from the street.

3.3 Social Impacts

There are no significant social impacts resulting from the proposed development.

3.4 Economic Impacts

There are no significant economic impacts resulting from the proposed development.

4. SITE SUITABILITY

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

The site is suitable for low density residential development. It is not identified as flood prone or bush fire prone. The proposed dwelling-house is in keeping with the low density residential environment and its low density nature allows for the retention of the Blue Gum High Forest Endangered Ecological Community found on the site.

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 plans submitted were notified to adjoining and nearby landowners between 3 December and 17 December 2008, in accordance with Council’s Notification and Exhibition DCP. During this period, Council received two submissions raising concerns about loss of solar access and privacy.

In response, the design of the building was amended. The amended plans submitted addressed privacy, solar access and visual impacts and were re-advertised to adjoining land owners between 19 February and 5 March 2009.

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

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

· building height that compromises the privacy of adjoining properties;

· unacceptable overshadowing of adjoining properties;

· development that is excessive in bulk and scale; and

· the loss of trees from the development.

The merits of the matters raised in community submissions have been addressed in the body of this report.

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 an acceptable impact. Accordingly, it is considered that the approval of the proposed two storey dwelling-house would not be contrary to the public interest.

CONCLUSION

Consent is sought to construct a two storey dwelling-house on a battle-axe shaped allotment.

An ‘Assessment of Significance’ concluded that the subject development and in particular the removal of trees No. T21 and T34 would not have a significant impact on the Blue Gum High Forest, Gang-gang Cockatoo, Powerful Owl or the five vulnerable species of Micro-chiropteran bats.

The proposal complies with the Metropolitan Strategy – (Draft) North Subregional Strategy, the Hornsby Shire Local Environmental Plan 1994 and the requirements of the Dwelling House DCP.

It is recommended that Development Application No. 1641/2008 for the erection of a split level, one and two storey dwelling-house at Lot 18, DP 1120186, No. 16B Osborn Road, Normanhurst be approved, subject to conditions of consent detailed in Schedule 1 of this report.

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

Simon Evans

Manager - Assessment Team 1

Planning Division

Scott Phillips

Executive Manager

Planning Division

1.View	Locality Map
2.View	Site Plan
3.View	Landscape Plan
4.View	Floor Plan
5.View	Elevations
6.View	Shadow Diagrams
7.View	Drainage
8.View	Threatened Species Assessment

File Reference: DA/641/2008

Document Number: D01154113

SCHEDULE 1

GENERAL CONDITIONS

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.

1. Approved Plans and Supporting Documentation

*Plan No.*	*Drawn by*	*Dated*
Ver 1.1/A3	M. Gyler	8/2/2009

2. Retention of Existing Trees

This development consent only permits the removal of trees numbered 21 and 34 as identified on Plan No. v1.0 A3 prepared by Michael and Michelle Gyler dated 3/11/08. The removal of any other trees requires separate approval under Council’s Tree Preservation Order.

3. Tree Protection

To ensure any work undertaken will not adversely affect the longevity of tree No. 25, design plans shall be submitted showing the proposed driveway being of pier and beam construction as follows:

a. piers are to be located no closer than 3m to the trunk of this tree, and

b. the driveway edge shall be no closer than 1m to the edge of the trunk.

REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

4. Building Code of Australia

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

5. Contract of Insurance (Residential Building Work)

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.

6. Notification of Home Building Act, 1989 Requirements

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

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

i. the name and licence number of the principal contractor, 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’s permit under that Act, the number of the owner-builder’s permit.

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

7. Sydney Water – Quick Check

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 to be met.

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

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

8. Erection of Construction Sign

A sign must be erected in a prominent position on the site showing:

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

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

c. 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.

9. Toilet Facilities

Toilet facilities must be available or provided at the works site before works begin and must be maintained until the works are completed. Each toilet must:

a. be a standard flushing toilet connected to a public sewer; or

b. have an on-site effluent disposal system approved under the Local Government Act, 1993, or

c. be a temporary chemical closet approved under the Local Government Act, 1993.

10. Erosion and Sediment Control

Note: On the spot penalties up to $1,500 may be issued for any non-compliance with this requirement without any further notification or warning.

REQUIREMENTS DURING CONSTRUCTION

11. Protection of Trees

A 1.8m high chain wire fencing (or similar) must be installed 1m from significant trees numbered 22 and 25 identified on the approved plans.

All works (including driveways and retaining walls) within 3m of any trees required to be retained (whether or not on the land the subject of this consent), must be carried out under the supervision of an ‘AQF Level 5 Arborist’ or equivalent and a certificate submitted to the principal certifying authority detailing the method(s) used to preserve the tree(s).

Note: Except as provided above, the applicant is to ensure that no excavation, filling or stockpiling of building materials is to occur within 4m of any tree to be retained.

12. Construction Work Hours

All work on site (including earth works) must only occur between the hours of 7 am to 5 pm Monday to Saturday. No work is permitted on Sundays or public holidays.

13. Council Property

During construction works, no building materials, waste, machinery or related matter is to be stored on the road or footpath. The public reserve is to be kept in a clean, tidy and safe condition at all times.

14. Disturbance of Existing Site

During construction works, the existing ground levels of open space areas and natural landscape features, (including natural rock-outcrops, vegetation, soil and watercourses) must not be altered unless otherwise nominated on the approved plans.

15. Survey Reports– Finished Floor Levels

Reports must be prepared by a registered surveyor and submitted to the principal certifying authority prior to the pouring of concrete at each level of the building certifying that:

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

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

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

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’ shall also be taken to mean ‘interim occupation certificate’ unless otherwise stated.

16. Internal Driveway/Vehicular Areas

The internal driveway and turning areas are to be designed and constructed in accordance with Australian Standard 2890.1, and 3727. Removal and adjustment of the existing turning area right of access slab to allow proper matching of the finished driveway level shall be undertaken, as required.

17. Fulfilment of BASIX Commitments

The applicant must demonstrate the fulfilment of BASIX commitments pertaining to the development.

18. Damage to Council Assets

Any damage caused to Council’s assets as a result of the construction of the development must be rectified in accordance with Council’s written requirements and at the sole cost of the applicant.

19. Retaining Walls

All required retaining walls must be constructed as part of the development.

20. Replacement Trees

The applicant must plant 4 indigenous Blue Gum High Forest canopy species to compensate for the removal of trees T21 and T34. Plants are to be tube stock, or larger and grown from locally generic stock obtained from a recognised native plant nursery. All saplings that die must be replaced within 1 calendar month. Plants are to be located at a minimum distance of 4m from the building envelope.

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.

21. Ongoing Protection of Bushland

To ensure that invasive plants identified as weed species are effectively removed and not allowed to proliferate or interfere with a quality landscaping and environmental outcome, the following conditions shall apply:

a. all environmental and noxious weeds including Sida rhombifolia (Paddy’s Lucerne), Bromus carthaticus, Cobbler’s Pegs (Bidens pilosa), Small-leaved Privet (Ligustrum sinense), Couch and Kikuyu (Pennisetum clandestinum) that have the potential to spread into the “bushland regeneration area” are to be removed and suppressed using an appropriate method as detailed on Council’s web site under Environment/ Bushland and Biodiversity/Weeds: www.hornsby.nsw.gov.au .

b. the area is to be fenced off with post and wire (or similar) fencing to prevent vehicular access;

c. the area is to be kept free of environmental and noxious weeds using recognised bush regeneration methods in accordance with ‘Recovering Bushland on the Cumberland Plain: Best Practice Guidelines for the Management and Restoration of Bushland – Department of Conservation 2005’;

d. machinery and fertilizer not to be used in the bushland regeneration area for maintenance purposes; and

e. a dividing fence must not be erected within the 'bushland regeneration area' between properties No. 16B and 16C Osborn Road without the written consent of Council.

- END OF CONDITIONS -

ADVISORY NOTES

Environmental Planning and Assessment Act, 1979 Requirements

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

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 written 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

In accordance with Section 34 of the Building and Construction Industry Long Service Payments Act 1986, a ‘Long Service Levy’ must be paid to the Long Service Payments Corporation or Hornsby Council.

Note: The rate of the Long Service Levy is 0.35% of the total cost of the work.

Note: Hornsby Council requires the payment of the Long Service Levy prior to the issue of a construction certificate.

Tree Preservation Order

Note: A tree is defined as a perennial plant with self supporting stems that are more than 3 metres or has a trunk diameter more than 150mm measured 1 m above ground level, and excludes any tree declared under the Noxious Weeds Act (NSW).

Dial Before You Dig

Asbestos Warning

Should asbestos or asbestos products be encountered during construction works, advice and information should be obtained prior to disturbing the material. It is recommended that a contractor holding an asbestos-handling permit (issued by WorkCover NSW), be engaged to manage the proper disposal and handling of the material. Further information regarding the safe handling and removal of asbestos can be found at:

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

Planning Report No. PLN33/09

Date of Meeting: 3/06/2009

4 DEVELOPMENT APPLICATION - ERECTION OF A 7 STOREY MIXED USE BUILDING
THE WALK, 228 - 234 PACIFIC HIGHWAY HORNSBY

Development Application No:	DA/1564/2008
Description of Proposal:	Erection of a seven storey mixed use development incorporating retail and commercial floor space and thirty two residential units
Property Description:	Lot A and B DP 304557 (No. 228 – 234) Pacific Highway, Hornsby
Applicant:	Api Property Service
Owner:	Lacetip Pty Ltd
Statutory Provisions:	Hornsby Shire Local Environmental Plan 1994 (HSLEP) Business F (Town Centre) Zone
Estimated Value:	$ 9,449,255
Ward:	B

RECOMMENDATION

THAT Development Application No. 1564/2008 for the erection of a seven storey mixed use development incorporating retail and commercial floor space and thirty two residential units at Lot A and B DP 304557 (No. 228 – 234) Pacific Highway, Hornsby be approved subject to conditions of consent detailed in Schedule 1 of this report.

EXECUTIVE SUMMARY

1. The application proposes the demolition of an existing commercial building and the erection of a seven storey mixed use development including retail premises on the ground floor, two storeys of commercial premises and thirty two residential units with basement parking.

2. The proposal generally complies with the relevant provisions within the Hornsby Shire Local Environmental Plan 1994, State Environmental Planning Policy No. 65 and the Hornsby Town Centre Development Control Plan.

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

4. It is recommended that the application be approved.

HISTORY OF THE SITE

On 17 November 2004, Council approved DA/485/2004 for the erection of an eight storey mixed use development comprising ground floor commercial and thirty residential units on the subject property. That application will lapse should the development not physically commence by 17 November 2009.

THE SITE

The subject site is located on the south-eastern corner of the Pacific Highway and Edgeworth David Avenue and has an area of 1181.2 sq metres. It is an irregular shaped allotment with frontages of 19.68m to the Pacific Highway, 36.57m to Edgeworth David Avenue and 39m to the Northshore Railway corridor. The site falls approximately 2m from the north-western corner to the south-eastern corner.

The access to the site is provided via a 3.05 metre wide driveway located along the eastern boundary of the site with vehicular access provided from Edgeworth David Avenue. This driveway also acts as the right of carriageway providing access to No. 10 Edgeworth David Avenue, adjoining the site to the east.

The current improvement on the site includes a two storey commercial building, known as “The Walk” with at-grade parking provided at the rear. The commercial building includes shops at the ground level fronting Pacific Highway and Edgeworth David Avenue. Nine commercial suites are located on the first floor. The pedestrian access to the first floor level is provided off Edgeworth David Avenue.

The site is located in the Hornsby town centre, being within 1 km of the Hornsby railway station and is surrounded by a mix of land uses including commercial, residential and educational establishments. The Westfield Shopping Centre is located to the north of the site on the opposite side of Edgeworth David Avenue. The adjoining building to the east includes a medical centre and retail premises. The development is located in close proximity to a number of high-density residential and mixed use developments. A ten storey high density residential development exists on the opposite side of the rail corridor to the south of the site.

THE PROPOSAL

The proposal involves the demolition of the existing commercial premises and the erection of a mixed use development comprising the following:

· Five retail premises on the ground floor to be accessed from Pacific Highway and Edgeworth David Avenue.

Three of the units include a mezzanine level for storage of goods. The retail premises would have a secondary internal entry to facilitate loading, unloading and service entries. A disabled unisex toilet is located on the ground floor to cater for the retail premises.

· Two storeys of commercial premises (first and second floor).

The details of uses and the number of tenancies are not proposed within this application. The proposal includes the delineation of floor space to be dedicated for the purpose of office or business premises in the future. The

commercial floors would include a common lobby with toilets and other services being located on each floor.

The details of the proposed non-residential floor areas are described below:

Retail – Ground Floor
	Ground Floor	Mezzanine	Total
Retail 1	73 m²	42 m²	115 m²
Retail 2	110 m²	No mezzanine	110 m²
Retail 3	106 m²	No mezzanine	106 m²
Retail 4	68 m²	14 m²	82 m²
Retail 5	68 m²	28 m²	96 m²
Circulation	2582.91 m²	40.7 m²	28 m²
Ground Floor Area for Retail			323.612 m²
Commercial – First and Second Floors
	Level 1	Level 2	Total
Gross Floor Area - Commercial	1158 m²	1158 m²	2316 m²
Gross Leasable Floor Area	1100 m²	1100 m²	2200m²
Gross Floor Area for Employment generating development on three levels		3148 m²

· Four storeys of residential development including thirty two units (third to seventh floor).

The development includes the following mix of residential units:

· 4 x studio units

· 4 x 1 bedroom units

· 20 x 2 bedroom units

· 4 x 3 bedroom units

Eight units are proposed to be located on each floor. The units at the third floor (lowermost residential) level include courtyards for use as private open space while all the units on the upper floors are provided with balconies. Part of the roof terrace would be used as private open space for units located at the top level of the development. Additional storage areas are proposed for all units in the upper basement level. The development includes one adaptable unit located on the third floor.

The details of gross floor areas (GFA) of the residential units are described below:

Residential Development gross floor areas	GFA per unit	Total GFA
Units 1, 9, 17 and 25 (3 bedroom units)	96 m²	384 m²
Units 2, 10, 18 and 26 (2 bedroom units)	78 m²	312 m²
Units 3, 11, 19 and 27 (studio units)	35 m²	140 m²
Units 4, 12, 20 and 28 (2 bedroom units)	73 m²	292 m²
Units 5, 13, 21 and 29 (2 bedroom units)	77 m²	308 m²
Units 6, 14, 22 and 30 (1 bedroom units)	52 m²	208 m²
Units 7, 15, 23 and 31 (2 bedroom units)	72 m²	288 m²
Units 8, 16, 24 and 32 (2 bedroom units)	74 m²	296 m²
Circulation	42 m²/ Level	168 m²
Total GFA on all floors		2396 m²

· Provision of a common recreation area including BBQ facilities located on the terrace for residents of the premises.

· Provision of four levels of basement car parking.

The three upper levels of the basement would include the on-site parking spaces for retail, office premises and visitors to residential units. The lowermost level of basement would be dedicated to parking for residents of the premises. The basement also includes bicycle parking spaces and storage areas for residential premises.

The details of car parking provided on site are described below:

Location	No of spaces provided	Comments
Residential
Basement Level 4	29 spaces	Includes 1 disabled space
Basement Level 1	7 spaces	Provided for visitors
Total Residential	36 Spaces
Retail
Basement Level 2	10 spaces
Basement Level 1	11 spaces	Includes 10 retail visitor spaces and 1 disabled space
Total retail	21 spaces
Commercial
Basement Level 3	27 spaces
Basement Level 2	16 spaces	Includes 1 disabled space
Basement Level 1	8 spaces	All spaces are dedicated for visitor parking
Total Commercial	51 spaces
Bicycle & Motorcycle Parking
Basement Level 1	7 vertical bike racks
Basement Levels 2, 3 & 4	4 motorcycles spaces

· Provision of a common driveway of variable width along the eastern boundary of the site providing access to the development.

The loading and unloading area would be located at the ground level on the western side of the main driveway. The pedestrian access to the development is proposed from Edgeworth David Avenue. The pedestrian entrance would lead to a common lobby providing access to all floors via lifts.

It is proposed that the new development would incorporate the existing right-of-carriageway and continue providing access to the adjoining development at No. 10 Edgeworth David Avenue. The right-of-carriageway would, in future, include the entire width of the widened driveway.

· Both commercial and residential bin storage areas are proposed to be located at the ground level adjoining the entrance driveway.

· The design of the development is a contemporary style. The materials of construction would include concrete columns, cement render, colourbond roofing, aluminium posts, framed awning and highlight windows and fixed glazing. Bright coloured fin walls and steel posts are proposed to act as landmark elements for the development.

· Provision of a continuous band of awning over the footpath along both frontages of the development.

· Landscaping proposed on the street to activate the street frontage and improve the streetscape.

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 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 thirty two residential units and would improve housing choice in the locality. The development also includes an employment generating component that would provide additional jobs in the locality.

2. STATUTORY CONTROLS

2.1 Hornsby Shire Local Environmental Plan 1994

The subject land is zoned Business F (Town Centre) Zone under Hornsby Shire Local Environmental Plan 1994 (HSLEP). The objectives of the zone are:

(a) to encourage economic growth and employment opportunities.

(b) to accommodate the retail, commercial, housing and social needs of the local and regional community.

(c) to encourage development that improves the health, vitality, cultural and social environment within the Hornsby town Centre.

The proposed land uses are defined as “business premises”, “office premises”, “shops” and “multi-unit housing” under the HSLEP and are all permissible land uses in the zone with Council’s consent.

The proposed uses would encourage economic growth and employment opportunities, accommodate various land uses, maximise the yield of the land and improve the health and vitality of the town centre. The development complies with the zone objectives.

Clause 15(2) of the HSLEP prescribes that the maximum floor space ratio (FSR) for a site located within the Business F Zone should be in accordance with Schedule B. A maximum FSR of 5:1 is permissible on the site provided that the FSR of the residential component does not exceed 2:1. The bonus FSR should be utilised for employment generating development only.

The applicant addresses this requirement by proposing the following FSR:

· FSR for residential component: 2:1

· FSR for employment generating development: 2.6:1

· Proposed FSR on site: 4.6:1

The proposal complies with the FSR requirements for the site and is acceptable in this regard.

2.2 State Environmental Planning Policy No. 55 – Remediation of Land

State Environmental Planning Policy No. 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 addressed this requirement by providing a Soil Contamination Report. The report concludes that the site has been used in the past for various uses and the original structure on site was demolished between 1951 and 1970. There is a low potential for contamination and therefore no further assessment in this regard is necessary.

2.3 State Environmental Planning Policy (Infrastructure) 2007

The application has been assessed against the requirements of State Environmental Planning Policy (Infrastructure) 2007. This Policy contains State-wide planning controls for developments adjoining rail-corridors and busy roads.

2.3.1 Development in Rail Corridors

The development is located immediately adjoining the Northern Rail Corridor and would require excavation within 25 metres (measured horizontally) of the corridor. Therefore the development requires concurrence of the RailCorp under Clause 85 and 86 of the SEPP (Infrastructure). The following matters are considered in this regard:

2.3.1.1 Impact of excavation

The development would involve a bulk excavation to a depth of 10 to 11 metres below the natural ground on land adjoining the Rail Corridor. The excavation would extend to 4.5 metres below the level of the railway track at a lateral distance of 17 metres from the railway lines. The structural pylons would require anchoring with prestressed rock anchors.

The applicant has submitted a Geotechnical Assessment Report assessing the impact of the proposed excavation and the resultant vibration on the structural integrity of the rail corridor. The report concludes that the proposed excavation and the resultant vibration would not impact on the rail corridor due to the distance from the tracks and the nature of rocks on the

site. The report details the construction method for foundations and the basement levels, and recommends further geotechnical investigation after the demolition of the existing building including dilapidation surveys to be undertaken for adjoining developments during the various stages of construction.

State Rail has reviewed the application in this regard and raised no objections subject to implementation of the recommended conditions.

2.3.1.2 Impact of Noise

Clause 87 of the SEPP (Infrastructure) applies to the development as it would be impacted upon by the noise and vibration from the rail corridor and the Pacific Highway. In accordance with the requirements of the SEPP, the application has been assessed against the noise related controls contained within the Department of Planning’s publication “Development near Rail Corridors and Busy Roads – Interim Guidelines”.

The applicant has addressed this requirement by submitting a detailed Noise Assessment Report and a separate report of assessment against the above guidelines. The report details the construction techniques to attenuate rail noise and vibration and concludes that the development would not exceed the specified noise criteria and L_eqlevels within Clause 87 of the SEPP (Infrastructure).

Council’s assessment of the application with regard to noise included a detailed examination of the Noise Assessment Report and is considered satisfactory. State Rail has also reviewed the application with regard to noise and vibration and raised no objections subject to implementation of the recommended conditions.

2.3.1.3 Rail safety issues

The document “Development near Rail Corridors and Busy Roads – Interim Guidelines” prescribes guidelines and design elements to be incorporated into a development adjoining a rail corridor to reduce vandalism and improve safety of the infrastructure. State Rail has recommended the following conditions in accordance with the guidelines:

· “Given the possibility of objects being thrown onto the rail corridor from balconies the applicant is required to install adequate measures or to enclose balconies that are within 20 metres of the rail corridor. The measures to be utilised are to be endorsed by RailCorp prior to the issue of the Construction Certificate.

· The Applicant is required to install mechanisms that limit the opening of windows or provide awning windows to prevent the throwing of objects onto the rail corridor. The measures to be utilised are to be endorsed by RailCorp prior to the issue of the Construction Certificate.”

The applicant has addressed the above requirements by providing awning windows throughout the development and by proposing the following design measures:

· A 2 m high glass wall/balustrade provided along the southern elevation at the courtyard levels of the residential units;

· Enclosure of all the upper level balconies located along the southern elevation by providing adjustable glass louvers to a height of 2m from the finished floor level.

The design of such louvers and glass wall would not have an unacceptable impact on the streetscape and would protect the rail infrastructure. The proposal is acceptable in this regard.

2.3.2 Development with frontage to a classified road

The proposal is assessed against the requirements of Clause 101 of the SEPP (Infrastructure) as it fronts Pacific Highway. In accordance with the requirements of the Policy, the development does not propose any vehicular access from Pacific Highway and includes a Noise Assessment Report addressing the noise attenuation measures to mitigate the noise from traffic on this road.

Council’s assessment of the proposal considers that the development is satisfactory subject to the implementation of recommended conditions.

2.3.3 Traffic Generating Development

The development is classified as a Traffic Generating Development in accordance with Clause 104 of the SEPP (Infrastructure) as it is located on a site that has direct vehicular or pedestrian access to a road that connects to a classified road, where the access is located within 90m of the connection.

The proposed development involves access from Edgeworth David Avenue via a common driveway for ingress and egress. A loading dock is located immediately adjoining the driveway to the west.

The development application includes a Traffic Assessment Report. The report calculates the trip generation for all components of the development in accordance with the Roads and Traffic Authority (RTA) guidelines and concludes that the development would result in a net increase of only 8 trips per hour during the PM peak period which is considered negligible.

The application was referred to the RTA for concurrence whereby concerns were initially raised regarding the width of the driveway not complying with the required width for Category 3 driveways and the dimensions of the loading dock which were such that a 10.5 metre long vehicle standing on the dock would block the driveway. The RTA recommended that a Delivery Management Plan for the site would resolve the non-compliance with regard to the loading dock dimensions.

The applicant has addressed the above issues by widening the width of the driveway at the entrance to provide access for a HRV and a car at the same time. The swept path analysis demonstrates that HRV access to the site can be maintained at all times from Edgeworth David Avenue.

A Delivery Management Plan has been submitted to Council detailing the operations of the loading dock, the truck management on site and the expected loading dock capacity, to

compensate the numerical non-compliance with regard to dimensions of the bay. The report stipulates the following delivery times to the retail and commercial premises:

· Monday to Friday; 8am – 8pm

· Weekends and Public Holidays: 8 am – 5 pm with pre-arrangements.

Given the above, it is considered that the application addresses the requirements in relation to a Traffic Generating development and the vehicular access to the site satisfactorily. The RTA has raised no further concerns subject to the implementation of recommended conditions. The details in relation to parking are discussed in section 2.8 of this report.

2.4 State Environmental Planning Policy No. 65 – Design Quality of Residential Flat Development

The application has been assessed against the requirements of the State Environmental Planning Policy No. 65 (SEPP 65). This Policy provides State-wide planning controls for establishing design criteria for the assessment of residential flat developments and for residential components of mixed use developments. The primary aim of SEPP 65 is to “improve the design quality of residential flat development in New South Wales”.

The following section of this report includes an assessment of the residential component of the proposed development against the ten principles provided in Part 2 of SEPP 65:

2.4.1 Principle 1: Context

The site is located within the Hornsby Town Centre which may be described as an area undergoing transition featuring a variety of examples of building forms including the Westfield Shopping Complex, contemporary style high density residential and commercial developments and older low scale commercial and industrial buildings. The desired future character of the area is reflected in the requirements of the Hornsby Town Centre Development Control Plan which are discussed in more detail under Section 2.8 of this report. However, they may be generally summarised as being the focus of retail and commercial activity within the Shire. The proposed development comprising retail, commercial and residential floor space within a distinctive, contemporary building form in the core area of the ‘Town Centre’ is considered to respond suitably to the ‘context’ principle of SEPP 65.

2.4.2 Principle 2: Scale

Council requires that buildings within the Hornsby Town Centre be constructed with a podium level for the first two to three storeys and any tower element be constructed above the podium level, setback from the boundary to lessen the visual impact of the vertical mass.

The proposed development involves a seven storey building with a three storey podium that extends along both frontages of the site. Mixtures of materials provide horizontal separation of building components. The design is in keeping with the desired character of the precinct and reduces the overall scale of the development by stepping the building up.

2.4.3 Principle 3: Built Form

The proposed development presents a distinct architectural design providing an attractive landmark building on this key ‘gateway’ site within the Hornsby Town Centre.

The details of the elements of the built form have been assessed against the development controls with the Hornsby Town Centre Development Control Plan in Section 2.8 of this report.

2.4.4 Principle 4: Density

The proposed development complies with the FSR requirement contained within the HSLEP and complies with the density principle of SEPP 65.

2.4.5 Principle 5: Resource, energy and water efficiency

The proposed development includes a BASIX certificate and complies with the requirements with regard to water, thermal comfort and energy. The proposal also complies with the natural ventilation and solar access requirements within the Residential Flat Design Code (RFDC). The details of the above matters have been discussed in sections 2.4.11 and 2.5 of this report.

2.4.6 Principle 6: Landscape

The proposed development would not impact on any significant landscaping element on site.

The application includes a landscape concept plan providing landscaping along Council’s footpath on Pacific Highway and Edgeworth David Avenue. Such planting would activate the street frontage and improve the overall appearance of the area.

The proposed development, being located in a dense urban area has no provision for deep soil planting at the ground level. This is in line with the requirements of the Hornsby Town Centre Development Control Plan. To compensate this, extensive landscaping would be provided within the common recreational area at the roof level with associated amenity. The courtyards of the ground level residential units would also incorporate sufficient landscaping to soften the built form.

Given the above, the proposal satisfies the intent of the ‘Landscaping’ principle of SEPP 65.

2.4.7 Principle 7: Amenity

The application has been assessed against the ‘Building Amenity’ criteria within the RFDC and is discussed in detail in section 2.4.11 of this report.

Generally, the proposal would provide convenient and safe access to the residential component of the development via a central lift connecting the basement and all other levels. The development also proposes satisfactory noise attenuation measures to mitigate the impact of noise from the rail corridor and adjoining roads.

The application is assessed as satisfactory against the ‘Amenity’ principle of SEPP 65.

2.4.8 Principle 8: Safety and security

The proposed development is located on the corner of a busy intersection which experiences a high level of pedestrian movements from users of surrounding shops, offices, schools, and residential apartments. The development features the majority of the balconies and living areas addressing the street frontages to increase the level of observation and ‘eyes on the

street’. The design has regard to the ‘Crime Prevention through Environmental Design (CPTED)’ principles and does not include any obvious unobserved areas.

The RFDC requires the preparation of a formal Crime Assessment Report for development that comprises more than twenty residential units. The proposal does not include such a report. This matter has been discussed in section 5.2 of this report.

2.4.9 Principle 9: Social dimensions

The site is located in close proximity to the Hornsby train station which services the Main Northern Line and the North Shore Line and provides bus interchanges. The site is also located within close proximity to a variety of shopping, recreation and educational facilities. A reasonable mix of land uses, dwelling types and sizes has been proposed complying with the requirements within the RFDC improving the housing choice in the locality.

The development is assessed as satisfactory with regard to social dimensions.

2.4.10 Principle 10: Aesthetics

The proposal is generally consistent with the design principles contained within the RFDC. It is considered that the aesthetic quality of the building contributes to the desired future character of the Hornsby town centre.

There are prescriptive design guidelines within the Hornsby Town Centre Development Control Plan for such mixed use developments. The details of the assessment of the built form and the aesthetics of the development against the DCP controls are contained in section 2.8 of this report.

2.4.11 The Residential Flat Design Code

Clause 30(2) of SEPP 65 requires consent authorities to consider the design quality of the residential flat development when evaluated in accordance with the design quality principles, and the Department of Planning’s Residential Flat Design Code (RFDC). The following is an assessment of the proposal against the requirements of the RFDC:

Residential Flat Design Code
Site Design
Issue	Rule of Thumb			Provided			Compliance & Comments
Building Depth	10-18 metres			27 metres for residential section			No
Building Separation	12m increased to 18m from fifth level			6 m from boundary			No
Deep Soil Zone	Min 25%			Not provided			No
Communal open space	25-30%			25 %			Yes. Communal open space is provided at the roof top.
Private Open Space (POS) for Ground floor units	Min 25 m²for each unit			POS for all units in the lowest level of residential use exceed 25 m² except Unit 3 (23 m²).			No. Unit 3 is only a studio apartment with a GFA of 35 m². Therefore the 23 m² POS area is considered sufficient for this unit.
Min Dimension for POS at Ground Level	4 m minimum in one direction			Primary courtyard area has 4 m minimum dimension for all units			Yes
Pedestrian Access	20 % of the dwellings should have barrier free access			Continuous path of travel via lifts provided from street to all units			Yes
Unit Depths
Issue			Rule of Thumb	Provided		Compliance
*Single aspect studio apartments*
Depth - Unit 3, 11, 19, 27 (North facing apartments)			8m maximum depth	6 m maximum depth		Yes
Distance of kitchen - Unit 3, 11, 19, 27			8m maximum from window	Back of kitchen 5 m from window		Yes
*Single aspect one bedroom apartments*
Depth and Kitchen distance (Single aspect east facing units. The living area would have corner aspect)			8 m maximum depth and kitchen distance 8 m from window	8 m maximum depth with kitchen located adjoining the window.		Yes Additionally the unit at the top floor has an openable light well to provide extra ventilation and light.
*Two bedroom apartments*
Dimensions for two bedroom units that are single aspect with one section having corner aspect			Maximum (14.3m X 6.3m) And 8 m depth for single aspect areas	(14.2 - 11)m X( 6 – 10) m 8 m		Yes Yes
Depth for single aspect two bedroom units			8 m maximum	( 7 – 10.5) m		No The area exceeding the 8m depth includes the bathroom and laundry which are non-habitable. The non-compliance with regard to depth of these units is acceptable.
*Three Bedroom corner apartment*
Dimensions			(16 X 8.6)m And 8 m depth for single aspect areas	11 m X 5 m (living areas including kitchen) Single aspect areas have a max depth 8 m		Yes. Yes
Building Configuration
Issue			Rule of Thumb	Provided		Compliance
Balconies			One primary balcony/courtyard and secondary balconies to bedrooms Balconies with access from multiples rooms have been provided to improve amenity.	One primary balcony/courtyard and secondary balconies to bedrooms provided Provided		Yes Yes
Depth of balconies			Minimum depth 2m for primary balconies	> 2 m for primary balconies/courtyards		Yes
Ceiling heights - Residential floors			2.7 m min height	3 m		Yes
Ceiling heights - Retail/commercial ground floor			3.3 m	4.3 m for Ground floor retail and 3.3m for Commercial floors		Yes
No. of units accessed from double corridors			Maximum 8	8		Yes
Corridors			Short and clear sights Avoid tight corners	Corridors lengths are optimised with sufficient foyer spaces No corners provided		Yes Yes
Separation of Uses			Separate residential uses from retail by providing intermediate office space	Retail located in ground floor with two floors of office areas separating the four levels of residential space above		Yes
Total Storage area - Studio Units			6 m³ (minimum) with 50 % accessible from apartment	8.6 m³with 50 % space accessible from apartment		Yes
Total Storage area - One bedroom units			6 m³ (minimum) with 50% accessible from apartments	7.43 m³ - 9.08 m³ with 50 % space accessible from apartment		Yes
Total Storage area - Two bedroom units			8 m³ (minimum) with 50 % accessible from apartment	9.08 m^{3 -} 16.32 m³ with 50 % space accessible from apartment		Yes
Total Storage area - Three bedroom units			10 m³ (minimum) with 50 % accessible from apartment	10.49 m³-12.98 m³with 50 % space accessible from apartment		Yes
Building Amenity
Issue		Rule of Thumb		Provided	Compliance
Aspect		Optimise northern aspect		50 % have northern aspect	Yes
Solar access		70% receive 2 hrs direct sunlight		72 % receive 2 hrs direct sunlight	Yes
No of single aspect units with SW-SE aspect		10% maximum		There are no single aspect units that are located to the south, SW or SE.	Yes
Cross ventilated units		60 %		65 %	Yes
Kitchen with access to natural ventilation		25 %		25 %	Yes

As detailed in the above table, the proposed development does not comply with some ‘rules of thumb’ within the RFDC. The matters of non-compliance have been discussed in the above table and/or below as well as a brief discussion on compliance with relevant performance standards:

2.4.11.1 Building Depth

The proposal does not comply with the required 10 to 18 metres maximum building depth for the residential component. The proposed development would be located in a dense urban area with zero setbacks to the boundaries resulting in numerical non-compliance with the building depth.

The RFDC prescribes that the control over the building depth is important as non-compliance with the above could result in overshadowing and lack of cross-ventilation to the residential units.

As indicated in the table above, applicant has demonstrated that 65 % of the units are cross-ventilated and 72 % of the units would receive 2 hours of direct solar access. Further, the submitted shadow diagrams indicate that the building would not overshadow the private open space areas and the living areas of any adjoining development due to the building layout and separation by the rail corridor. Accordingly, it is considered that the proposed development achieves the objective of the ‘Building Depth’ control within the RFDC and is acceptable in its current form.

2.4.11.2 Building Separation

The RFDC requires that the building separation between two adjoining developments be 12 m and be increased to 18 m from the fifth level to provide sufficient solar access and cross ventilation to the upper level units.

The proposed development does not directly adjoin a residential development on any elevation. Therefore this control cannot be strictly applied to this development. The proposal includes a 6 metre separation of the residential component for the eastern boundary. The applicant submits that such a separation would ensure a 12 m minimum separation in the event that the adjoining property is similarly developed.

The proposal retains the 6 metres setback throughout the four floors and does not increase the setback to 9 metres (to provide the required 18 metres separation) from the fifth level. The applicant submits that the setback is not increased to 9 metres at the fifth level as it would only result in the setting back of one floor (fifth floor) by a further 3 metres and no discernable advantage would be achieved from the amenity point of view.

An assessment of the proposal with regard to the building amenity provisions has been conducted and it is noted that the Council permits a maximum height of 24 m (or seven storeys) on this site and on the adjoining property to the east. It is considered that increasing the setback of the uppermost level of this building by a further 3 metres would not provide for significant additional solar access or natural ventilation to any future development on the adjoining block of land.

The development is assessed as satisfactory with regard to the ‘Building Separation’ provision.

2.4.11.3 Deep Soil Zone

The proposal does not provide for any deep soil landscaping area within the site. This conforms to the desired continuous urban wall on the streetscape of the eastern precinct of the town centre area. The proposal includes sufficient landscaping opportunities as discussed in section 2.4.6 of this report.

2.4.11.4 Solar Access and Natural Ventilation

The applicant has submitted a detailed SEPP 65 compliance table indicating the compliance of individual units with solar access and natural ventilation controls within the RFDC. As indicated in the table, the units would comply with the above requirements and the proposal is acceptable in this regard.

2.4.11.5 Acoustic Privacy

The design of the internal layouts of the residential is designed such that noise generating areas of majority of the units to adjoin each other. Storage or circulation zones would act as a buffer between units. Bedrooms and service areas such as kitchens, bathrooms and laundries are also proposed to be grouped together wherever possible. Continuous walls are proposed to ground level courtyards. Measures to reduce noise transmission from common corridors have been provided within the unit layouts.

The proposal complies with the ‘Acoustic Privacy’ requirements within the RFDC and is assessed as satisfactory.

2.5 State Environmental Planning Policy (Building Sustainability Index – BASIX) - 2004

The application has been assessed against the requirements of State Environmental Planning Policy (BASIX) 2004 which seeks to encourage sustainable residential development.

The proposal includes a BASIX certificate in accordance with the requirements of the SEPP including the list of commitments to be complied with at the construction stage and during the use of the premises. The BASIX certificate achieves the minimum scores for thermal comfort, water and energy.

The proposal is acceptable in this regard.

2.6 State Environmental Planning Policy No. 32 - Urban Consolidation (Redevelopment of Urban Land)

The application has been assessed against the requirements of SEPP 32. The SEPP requires Council to implement the aims and objectives of this Policy to the fullest extent practicable when considering development applications relating to redevelopment of urban land. The objectives include promotion of the orderly and economic use of land and implementation of a policy of urban consolidation which would promote the social and economic welfare of the State. There are no prescriptive controls within this Policy.

The application complies with the objectives of the Policy as it would promote social and economic welfare of the locality and would result in the orderly and economic use of under utilised land within the Town Centre.

2.7 Sydney Regional Environmental Plan No. 20: Hawkesbury Nepean River

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

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. A condition is recommended with respect to installation of sediment and erosion control measures prior to and during construction.

The proposal also includes details of stormwater management of the site by providing an on-site detention system. Council’s assessment of the proposal in this regard concludes that the development is satisfactory.

2.8 Hornsby Town Centre Development Control Plan

The proposed development has been assessed having regard to the relevant performance and prescriptive design standards contained within Council’s Hornsby Town Centre Development Control Plan (Town Centre DCP). The following table sets out the proposal’s compliance with the prescriptive standards of the Plan:

Hornsby Town Centre Development Control Plan
Control	Proposal	Requirement	Compliance
Height	28 m	24 m	No
Setbacks Pacific Highway (west) Edgeworth David Avenue (north) Railway Corridor(south) East	0m 0 m 3.05m 0 m	0m 0m 0m 0m	Yes Yes Yes Yes

As detailed in the above table, the proposed development does not comply with the prescriptive standard in relation to height within Council’s Town Centre DCP. The matters of non-compliance are detailed below, as well as a brief discussion on compliance with relevant performance standards.

2.8.1 Town Centre Strategy

The proposed development is consistent with the adopted strategies for ‘Eastern Precinct’ of the Town Centre by providing retail and commercial facilities in additional to increasing the housing choice within the locality.

2.8.2 Gateway Point

The corner of Pacific Highway and Edgeworth David Avenue is identified as a ‘Gateway’ point due to its prominent location. The building being located adjacent to the gateway, incorporates landmark features including fin walls and steel posts on top. The curvilinear corner at the ground level provides additional emphasis on the structure and addresses the gateway point satisfactorily.

2.8.3 Views and Vistas

The proposed low rise curved podium provides space in between the tall buildings and aligns with the vistas along the northern axis of the Pacific Highway and east-west axis along Edgeworth David Avenue.

The design of the residential developments on the upper floor would take advantage of views of the surrounding bushland.

2.8.4 Street Trees

The proposal includes planting along Edgeworth David Avenue in accordance with the prescriptive measures of the Town Centre DCP and would maintain consistency with the established street trees.

2.8.5 Traffic Management

The application includes a Traffic Impact Statement. The Town Centre DCP requires applicants to conduct additional traffic modelling within the Town Centre, should a development exceed the floor space ratio of 4:1.

The development proposes a floor space ratio of 4.6:1 and does not include additional traffic modelling for the intersection adjacent to the site. However the proposed floor space ratio exceeds the required threshold by a minor extent. The submitted Traffic Report demonstrates that the proposal would not result in an unmanageable traffic generation within the Town Centre. The RTA has reviewed the proposal and has not raised any concerns with regard to

traffic generation. Given the above, it is considered that additional traffic modelling would not be necessary for the proposed development.

2.8.6 Solar Access

The development does not adjoin a residential development or a public open space area. The adjoining footpath to the north would receive sufficient sunlight between 12 noon and 2 pm on 22 June in accordance with the Town Centre DCP. The applicant has demonstrated that the adjoining eastern property would receive 2 hours of sunshine between 9 am and 3 pm on 22 June.

The proposal is acceptable with regard to solar access.

2.8.7 Eastern Precinct Development Controls

2.8.7.1 Building Design

The building design includes a distinctive top, middle and base. The podium would incorporate retail and commercial uses and minimise blank facades in the street wall. The upper floors are proposed to be further set back. Thus the building would step up from the ground ensuring solar access to pedestrian walkways and provide an appropriate pedestrian interface with regard to the scale.

The upper level and roof is proposed to be treated with additional elements and steel posts of distinctive colour, the service elements being set back from the building edge and the plant rooms screened by parapet treatment at roof level. The materials and colours provide a balance between the horizontal and vertical elements.

The curtain wall for the commercial podium and the use of the red colour in certain sections of the building are considered to blend with the recent developments in the eastern precinct of the Town Centre.

Given the above, it is considered that the proposed development complies with the prescriptive measures in relation to building design within the eastern precinct.

2.8.7.2 Height

The proposed development exceeds the maximum building height of 24 metres prescribed by the Town Centre DCP. The ceiling height of the topmost level of the development level would finish at a height of 24 metres from ground level. However, the development would require an additional 4 metres to accommodate the plant rooms and the lift room, to be screened by parapet treatment.

The proposal includes a 4 metre ceiling height for the retail premises and 3.2 metre ceiling height for each of the two commercial floors. The additional ceiling-heights contribute to the overall increase in height of the premises. The floor to ceiling heights of the residences are proposed to be 3 metres instead of the required 2.7 metres (RFDC) to improve the amenity of the premises.

The applicant has demonstrated that the proposed increase in height would not result in overshadowing of the adjoining premises or adversely impact on the streetscape. Further, due to the setbacks of the plant rooms from the boundaries, the perceived building height when

viewed from the street and surrounding areas would not be greater than 24 metres. The development would maintain a maximum RL of 218.40 above ground level (top of lift room) and would be less than the maximum RL of 220 for adjoining multi-unit housing developments located south along the Pacific Highway and with the Pound Road Precinct.

It is noted that Council previously approved DA/485/2004 with a building height of 26 metres excluding the height of the parapet and plant rooms. The proposed development would be contained within this approved building envelope on site and also the existing and desired future building envelope of the Hornsby Town Centre.

Given the above and that the increase floor to ceiling height of each of the internal floors would result in a better design outcome for the premises, the non-compliance with regard to building height is considered acceptable.

2.9 High 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 High Density Multi Unit Housing Development Control Plan High Density Housing DCP. The following table sets out the proposal’s compliance with the relevant prescriptive standards of the Plan:

High Density Multi Unit Housing Development Control Plan
Control	Proposal	Requirement	Compliance
Outdoor Areas – Small units
Units 3 & 6	22.6 m² & 40 m²	20 m²	Yes
Units 11, 14, 19, 22, 27, 15 and 23	8.4 m²	6 m²	Yes
Unit 30	48 m²	6 m²	Yes
Outdoor Areas – Medium Units
Units 1, 2, 4, 5, 7	45 - 90 m²	30 m²	Yes
Units 9, 16, 17, 24, 25, 32	18.8 m²	8 m²	Yes
Units 10, 12, 13, 18, 20, 21, 26, 28, 29	10 m²	8 m²	Yes
Unit 31	48.4 m²	8 m²	Yes
Car Parking Residential Residential visitor	29 spaces 7 spaces	28 spaces 6.4 spaces	Yes Yes

As detailed in the above table, the proposed development complies with the prescriptive standards within Council’s High Density Housing DCP. A brief discussion on compliance with the relevant performance standards is discussed below.

2.9.1 Site Coverage and Setback

The ‘Site Coverage’ and ‘Setback’ provisions contained within the High Density Housing DCP would not apply to this development as it is located within the Town Centre. The development complies with the development controls prescribed by the Town Centre DCP.

2.9.2 Privacy

The High Density Housing DCP prescribes that windows of habitable areas should not face directly onto the windows, balconies of adjoining dwellings.

The development fronts two roads and the North Shore rail corridor on the northern, western and the southern sides. The units within the development would not front each other and would not impact on each other’s privacy. The ground level courtyards include continuous walls and only the extended section of these yards would be visible from the upper floors.

The adjoining property to the east comprises a commercial development and adequate building separation has been provided between this and the subject site. The impact of the proposed development on the site to the east, with regard to privacy would be considered during the assessment of any future development application on that site.

2.10 Car Parking Development Control Plan

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

Car Parking Development Control Plan
Control	Proposal	Requirement	Compliance
Car Parking Residential Residential visitor Retail Commercial	29 spaces 7 spaces 21 spaces 51 spaces	28 spaces 6.4 spaces 22.5 spaces 55 spaces	Yes Yes No No
Total Car parking	108	112	No
Minimum dimension of car spaces	2.4 – 2.5 m x 5.5 m	2.5 x5.5 m	No
Min headroom for basement	2.3 m	2.3 m	Yes

As indicated in the table above, the proposal does not comply with the car parking requirements within Council’s Car Parking DCP. Council has conducted a detailed assessment of the proposal in this regard.

The proposed development provides for additional bike and motorcycle parking spaces to compensate for the loss of car parking spaces. Given that the development would be located within the town centre at a walking distance from the railway station, bus interchange and a major shopping centre, the minor non-compliance with regard to car spaces is acceptable. Notwithstanding that the proposed number of car parking spaces is considered acceptable, it is considered appropriate that the applicant be required to make a monetary contribution for the shortfall in car parking spaces pursuant to Council’s Section 94 Plan. An appropriate condition has been included in this regard within Schedule 1 of this report.

It is noted that whilst the development complies with the prescribed number of residential spaces, there would be less than one space per residential unit. It is suggested that the applicant consider providing at least one space per residential unit by reconfiguring car parking at the construction certificate stage.

A number of car spaces to be used for commercial and retail purposes do not comply with the minimum dimensions prescribed by the Town Centre DCP. The proposal includes sufficient aisle widths in excess of the requirements of the Australian standards for satisfactory manoeuvring of vehicles. Accordingly, the non-compliance with regard to the width of the car spaces is acceptable.

The details regarding traffic generation and the accessway to the site are discussed in Section 2.3.3 of this report.

2.11 Access and Mobility Development Control Plan

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

Access and Mobility Development Control Plan
Control	Proposal	Requirement	Compliance
Lift dimensions	1200 mm x 2000 mm	1000 X 1100 mm	Yes
Density	1 unit	1 per 10 – 49 units	Yes
Entrance door width	1000 mm	760 mm minimum	Yes
Walkway width	2 m	1350 mm minimum	Yes
Disabled car space width	(3.2 -3.9) m x 5.5 m	3.2 m X 5.5 m (minimum)	Yes
No of disabled car spaces	4 spaces @ 1 at each level	2.16 @2% minimum rate	Yes

As detailed in the above table, the proposed development complies with the prescriptive standards within Council’s Mobility DCP.

The proposal includes an Access Report which provides the details of compliance with the requirements of a barrier free design. The proposed development would include a continuous path of travel to all the retail areas on the ground floor. All other levels of the development would be accessible via a central lift. Disabled unisex toilets are proposed on the non-residential floors of the development.

Given the above, the proposal is assessed as satisfactory with regard to access and mobility.

2.12 Waste Management and Minimisation Development Control Plan

The proposal includes a waste management plan and details of on-going waste management on site. The design of the development incorporates a common waste disposal area at the ground level in addition to temporary waste cupboards being provided for each unit.

The application complies with the requirements of Council’s Waste Management and Minimisation Development Control Plan.

2.13 Sustainable Water Development Control Plan

Subject to sediment and erosion control measures being implemented on site during construction, the proposal would comply with the requirements contained within the Sustainable Water Development Control Plan.

2.14 Section 94 Contributions Plan

Council’s Section 94 Plan applies to the development as it would result in the generation of additional commercial and residential floor space and car parking requirements beyond the capacity of the development.

The requirement for a monetary Section 94 contribution has been recommended as a condition of development consent.

3. ENVIRONMENTAL IMPACTS

3.1 Natural Environment

The proposed development would result in the removal of one tree on the site (Eucalyptus saligna). The application includes a detailed Tree Assessment Report.

Council’s assessment of the application in this regard included a detailed examination of the tree. The tree is not considered to be significant and therefore no concerns are raised to the removal of the tree.

The proposed development is located in a dense urban area and the construction of the building would not result in a negative impact on the natural environment subject to implementation of recommended conditions during construction.

3.2 Built Environment

3.2.1 Built Form

The building would be located in a prominent location of the Town Centre. Being 28 metres high, the building would be visible from a number of public and private places within the locality. The design of the development attempts to reduce the visual impact by stepping the building up and proposing a three storey high podium consistent with Council’s Town Centre DCP.

The matters in relation to built form and the impact on the streetscape are discussed in detail in sections 2.4 and 2.8 of this report. The site is surrounded by similar high density developments which are 9 – 10 storeys high. The structure would blend with the high density developments in the locality and is acceptable with regard to its visual impact on the built environment.

3.2.2 Traffic

The proposal is categorised as a traffic generating development. The details in relation to traffic are discussed in section 2.3.3 of this report.

Council’s engineering assessment of the traffic impacts of the development concludes that the development is acceptable with regard to the level of traffic generated and the non-compliances with regard to car parking is also acceptable given the close proximity of the development to public transport.

The development is acceptable in relation to traffic.

3.3 Social Impacts

The social impacts of the development on the local and broader community have been considered with specific reference to the potential employment generation within the complex. It is estimated that the development would generate a significant number of equivalent full time positions post construction. The details of employment generation would be estimated during the assessment of future development applications for the first use of each premise. This is consistent with the North Subregion (Draft) Subregional Strategy that provides a target of 9,000 jobs within the Hornsby LGA by 2031.

The residential component of the development would improve the housing choice in the locality by providing thirty-two additional units that a range of sizes from studio to three bedroom units. This is consistent with the North Subregion (Draft) Subregional Strategy.

3.4 Economic Impacts

The proposed development would result in 3148 sq metres of retail and commercial floor space within the Hornsby town centre. Therefore, there would be a number of multiplier effects that the development would provide throughout the local economy. These multiplier effects would result from the sourcing of goods and services from suppliers to businesses

within the complex as well as the increased consumption generated by the increase of employment in the area. The complex is likely to provide employment opportunities to younger age groups, which typically have higher unemployment rates within the region.

The development would result in a positive economic impact on the locality.

4. SITE SUITABILITY

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

The site is level, does not contain any significant vegetation or natural watercourses and is not subject to bushfire risk. The property, being a gateway site adjacent to a large commercial and residential precinct, is considered appropriate in respect to the proposed land uses and is suitable for the 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 27 November 2008 and 9 January 2009 in accordance with Council’s Notification and Exhibition Development Control Plan. During this period, Council received four submissions. The map below illustrates the location of those nearby landowners who made a submission that are in close proximity to the development site.

NOTIFICATION PLAN
• PROPERTIES NOTIFIED	X SUBMISSIONS RECEIVED	PROPERTY SUBJECT OF DEVELOPMENT
Two submissions have been received from the same address and one submission has been received from an existing tenant within the site

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

· Unacceptable noise impacts during construction works;

· Unacceptable traffic generation on the local streets;

· Alteration of the right-of-way to the neighbouring property during construction works;

· Piles being anchored to the footings of the neighbouring property to the east during construction

· Closure of the fire-exit for the adjoining property to the east;

· Unacceptable impact on the rail corridor due to the bore holes;

The objections also raised the concerns that the development would:

· Include inadequate parking spaces within the premises with inadequate dimensions and aisle widths;

· Include inadequate turning path for delivery vehicles on the ground floor;

· Exceed the prescribed height limit within the Town Centre;

· Have little architectural merit;

· Overshadow the courtyards of No. 10 Edgeworth David Avenue located east of the site;

· Provide no open space;

· Provide no landscaping;

· Provide no community facilities;

· Provide no setbacks;

· Construction vehicles reversing on to the site;

· Block the pedestrian access to No. 10 Edgeworth David Avenue during the construction works and therefore hamper the on-going medical practice within the premises.

· Restrict the use of the ambulance bay within the premises.

· Restrict the access of large vehicles like cranes for emergency railway maintenance due to the presence of the building over the right-of-way;

· Propose works on the neighbouring property to the east without owners’ consent;

· Provide no rear entries to the shops at the ground level;

· Result in illegal parking by the delivery vehicles on the streets as no separate entry to shops are provided;

· Provide no parking for courier vans in the basement;

· Provide no management of traffic on site due to lack of space and therefore result in blockage of Edgeworth David Avenue during peak periods;

· Provide no details of softening the facades of the building via landscaping;

Additionally the objectors have also indicated that the proposal does not provide the following details:

· Adequate information about the lifts accessing the commercial and residential floors;

· Any details of the proposed ventilation systems and any other anti-pollutant systems for retail/business premises;

· Incorrect estimated cost of works;

One objector has raised concerns that the tenant of the existing commercial premises on site has not been notified by Council.

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 Right-of-way during construction & works on neighbouring property

The development initially proposed works to the neighbouring property by filling the entrance driveway. However owner’s consent was not obtained for the works and subsequently the proposal has been amended to include no works within the adjoining premise.

The application includes a detailed Construction Management Plan. The Construction Management Plan provides the following details of staging of the construction works:

Stage 1 would involve works within the section of the driveway adjacent to the entrance to the site. During this period a temporary right-of-way would be operating to allow the car park of the adjoining property to be fully operational.

The right-of-way location would be altered temporarily during the construction works to enable the widening of the driveway and the basement works. A temporary footbridge would be constructed to provide pedestrian access to the medical centre from the subject site in the existing location. The fire-exit would not be blocked at any time due to the construction of this footbridge.

Stage 2 would involve works within the section of the driveway adjoining the entrance to No. 10 Edgeworth David Avenue. During the construction of this section of the driveway, a temporary car parking arrangement would be provided on the subject site for the adjoining property users to park their cars including an ambulance bay.

It is considered that reasonable provisions have been made by the applicant to assist the on-going activities within the medical centre at No. 10 Edgeworth Avenue that currently utilises the driveway within the subject site for access.

Following the completion of the construction works for the driveway, the resultant right-of-way would be wider and therefore would provide improved amenity to both the sites in lieu of a temporary period of alterations to the driveway and car-parking arrangement. The proposed development would not restrict the ambulance bay at any time.

Given the above, the application is assessed as satisfactory with regard to the right-of-access provision. A condition is recommended that a right-of-way to No. 10 Edgeworth Avenue be maintained at all times during the construction works.

5.1.2 Restriction of emergency vehicle access

The site is a private property and is not likely to be used for emergency vehicle access for works within the rail corridor. Further, the site is not subject to bushfire risk. Therefore emergency vehicle access by the Rural Fire Service is not required.

The driveway would have a height clearance of 4.5 metres which would allow access to the HRVs, garbage trucks and cars and also would facilitate ambulance access to the adjoining eastern property.

The proposal is acceptable in this regard.

5.1.3 Unacceptable noise impacts during construction on site

The proposed construction works would result in additional noise generation on the site for a temporary period of time. A condition of consent has been recommended restricting the construction hours to manage noise and maintain the amenity of the neighbouring properties.

Given that there is a high level of existing noise associated with the rail corridor and the two busy road frontages, it is considered that the proposal would not generate unacceptable noise impacts during construction works.

5.1.4 Piles to be anchored to footing adjoining property

The applicant has specified that no works would be undertaken on the neighbouring property to the east including piles being anchored to the footing of the structure. Only one level of basement would be located along the eastern boundary of the site under the existing right-of-way. The depth of this basement level is similar to the existing basement of the adjoining eastern property. Due to the presence of the basement of the adjoining property, structural support is already available and no further anchoring would be required.

The Basement levels 2, 3 and 4 would be setback 3.05 metres from the eastern boundary and would not need any structural support of the neighbouring property.

5.1.5 Details of proposed ventilation systems for retail premises

The proposal does not include the first uses of the proposed retail premises. Therefore, assessment of the details of proposed methods of ventilation would be considered under separate development applications for first uses of the individual premises.

5.1.6 Cost of works

The applicant has submitted an estimated cost of works signed by a Quantity Surveyor in accordance with Council’s Policy. The application is acceptable in this regard.

5.1.7 Notification

One objector has raised concerns that the existing users of the site have not been notified of the application by Council.

The notification of the application has been conducted in accordance with Council’s Notification and Exhibition Development Control Plan which does not require Council to notify the tenants of the subject site.

5.2 Public Agencies

The development application was referred to the following agencies for comment:

5.2.1 Roads and Traffic Authority

The matter has been discussed in detail in section 2.3.3 of this report.

5.2.2 State Rail

The matter has been discussed in detail in section 2.2 of this report.

5.2.3 New South Wales Police Force

The development was referred to the NSW Police Force for comments with regard to Crime Prevention. NSW Police indicated that a formal Crime Assessment Report would not be required subject to the following measures being incorporated in the design:

· Sufficient lighting of the service areas of the ground floor including the bulk storage area besides the retail premises.

· A convex mirror be installed on the wall adjacent to the doorway into the fire stairwell at the ground level.

· A small inspection window be installed in the stairwell door to allow viewing from inside prior to exiting the building.

The applicant has incorporated the above matters in the design of the proposal. No objections are raised by the NSW Police.

6. THE PUBLIC INTEREST

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

CONCLUSION

The proposed development involves the demolition of an existing commercial building and the erection a seven storey mixed use development comprising 3148 sq. metres of commercial and retail floor space and thirty two residential units.

The site is located within the Hornsby Town Centre which is the major retail and commercial centre within Hornsby Shire and fulfils a secondary role of economic activity within a metropolitan context. The proposed development would promote employment opportunities in a location that is well positioned to take advantage of nearby public transport nodes.

The site is identified as a visually prominent ‘gateway’ site within the Hornsby Town Centre. The proposed development would be eight storeys in height and would present a visually interesting façade and presentation to Edgeworth David Avenue and the Pacific Highway.

The development complies with Section 79(c) of the Environmental Planning and Assessment Act 1979, the design principles within SEPP 65, the standards within SEPP (Infrastructure) 2007, the Hornsby Shire Local Environmental Plan 1994 and the objectives of the development controls within Hornsby Town Centre DCP.

Approval of the proposal is recommended.

Rod Pickles

Manager - Assessment Team 2

Planning Division

Scott Phillips

Executive Manager

Planning Division

1.View	Locality Plan
2.View	Site Plan
3.View	Floor Plans
4.View	Elevation Plans
5.View	Section Plan
6.View	Shadow Plans
7.View	Landscape Plans

File Reference: DA/1564/2008

Document Number: D01141527

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.

SCHEDULE 1

GENERAL CONDITIONS

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.

1. Approved Plans and Supporting Documentation

*Plan No.*	*Drawn by*	*Dated*
Site Plan, 7 – 39, Issue C	Innovative Plans	26/02/2009
Site Plan, 8 – 39, Issue C	Innovative Plans	26/02/2009
Basement Level 4, 9 – 39, Issue C	Innovative Plans	26/02/2009
Basement Level 3, 10 – 39, Issue C	Innovative Plans	26/02/2009
Basement Level 2, 11 – 39, Issue C	Innovative Plans	26/02/2009
Basement Level 1, 12 – 39, Issue C	Innovative Plans	26/02/2009
Ground Floor – Retail, 13 – 39, Issue C	Innovative Plans	26/02/2009
Mezzanine Floor – Retail, 14 – 39, Issue C	Innovative Plans	26/02/2009
Level 1 – Commercial, 15 – 39, Issue C	Innovative Plans	26/02/2009
Level 2 – Commercial, 16 – 39, Issue C	Innovative Plans	26/02/2009
Level 3 –Residential, 17 – 39, Issue D	Innovative Plans	23/04/2009
Level 4 – Residential, 18 – 39, Issue D	Innovative Plans	23/04/2009
Level 5 – Residential, 19 – 39, Issue D	Innovative Plans	23/04/2009
Level 6 – Residential, 20 – 39, Issue D	Innovative Plans	23/04/2009
Roof Terrace Plan, 21 – 39, Issue D	Innovative Plans	23/04/2009
North Elevation, 22 – 39, Issue D	Innovative Plans	23/04/2009
South Elevation, 23 – 39, Issue D	Innovative Plans	23/04/2009
East Elevation, 24 – 39, Issue D	Innovative Plans	23/04/2009
West Elevation, 25 – 39, Issue D	Innovative Plans	23/04/2009
Section AA and BASIX Notes, 26 – 39, Issue C	Innovative Plans	26/02/2009
Adaptable details, 27 – 39, Issue C	Innovative Plans	26/02/2009
Landscape Concept Plan, Sheet 1/3 Rev – A	Vision Dynamics Pty Ltd	5/11/2008
Level 3 – Residential, Sheet 2/3 Rev – A	Vision Dynamics Pty Ltd	5/11/2008
Roof Terrace Plan, Sheet 3/3 Rev – A	Vision Dynamics Pty Ltd	5/11/2008
Basement Stormwater Drainage Plan and details Rev – D	Australian Consulting Engineers Pty Ltd	01/05/2009
Ground Floor Stormwater Drainage Plan and details Rev – E	Australian Consulting Engineers Pty Ltd	01/05/2009
First Floor OSD Tank location Rev – E	Australian Consulting Engineers Pty Ltd	01/05/2009
Erosion and Sediment Control Plan and details –Issue B	Australian Consulting Engineers	04/11/2008

*Document No.*	*Prepared by*	*Dated*
Schedule of Colours and Finishes	Innovative Plans	11/11/2008
BASIX certificate No. 222748M	-	10/11/2008
Noise and Vibration Intrusion Report & RailCorp Acoustic Requirements	Day Design Pty Ltd	6/11/2008 & 23/02/2009
Geotechnical Review & Assessment of Geotechnical Affects on the RailCorp Corridor	Douglas Partners	28/10/2008 & 5/12/2008
Environmental Review of Site Contamination	Douglas Partners	5/11/2008
Traffic Report	Traffix Traffic and Transport Planners	7/11/2008
Access Compliance Report	PSE Access Consulting	20/10/2008
Construction Management Plan – 08AH3549	Australian Consulting Engineers Pty Ltd	-
Design Verification Statement	Adriaan Winton Architects	November 2008
BCA Compliance Assessment & BCA Compliance Report	Acro Cert	4/11/2008 & 24/10/2008
Operations Management Plan	API Property Services	March 2009
Stormwater Drainage Summary Report Modelled on Drains	Australian Consulting Engineers Pty Ltd	October 2008

2. Retention of Existing Trees

This development consent only permits the removal of tree numbered T1 as identified on the Site Plan dwg # 8 – 39 Issue C prepared by Innovative Plans dated 26 February 2009. The removal of any other trees requires separate approval under Council’s Tree Preservation Order.

REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

3. Building Code of Australia

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

4. Contract of Insurance (Residential Building Work)

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.

5. Water/Electricity Utility Services

The applicant must submit written evidence of the following service provider requirements:

a. Energy Australia – a letter of consent demonstrating that satisfactory arrangements have been made to service the proposed development.

b. Sydney Water – the submission of a ‘Notice of Requirements’ under s73 of the Sydney Water Act 1994.

Note: Sydney Water requires that s73 applications are to be made through an authorised Sydney Water Servicing Coordinator. Refer to www.sydneywater.com.au or telephone 13 20 92 for assistance.

6. Dilapidation Report

A ‘Dilapidation Report’ is to be prepared by a ‘chartered structural engineer’ detailing the structural condition of all adjoining properties.

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

7. Erection of Construction Sign

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 demolition or building work and a telephone number on which that person may be contacted outside working hours.

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.

8. Protection of Adjoining Areas

A temporary hoarding, fence or awning must be erected between the work site and adjoining lands before the works begin and must be kept in place until after the completion of the works if the works:

a. Could cause a danger, obstruction or inconvenience to pedestrian or vehicular traffic.

b. Could cause damage to adjoining lands by falling objects.

c. Involve the enclosure of a public place or part of a public place.

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

9. Toilet Facilities

Toilet facilities must be available or provided at the works site before works begin and must be maintained until the works are completed at a ratio of one toilet for every 20 persons employed at the site. Each toilet must:

a. be a standard flushing toilet connected to a public sewer; or

b. have an on-site effluent disposal system approved under the Local Government Act 1993; or

c. be a temporary chemical closet approved under the Local Government Act 1993.

10. Erosion and Sediment Control

Note: On the spot penalties up to $1,500 may be issued for any on-compliance with this requirement without any further notification or warning.

REQUIREMENTS DURING CONSTRUCTION

11. Construction Work Hours

All work on site (including demolition and earth works) must only occur between the following hours:

Monday to Saturday 7 am to 5 pm

Sunday & Public Holidays No work

12. Demolition

All demolition work must be carried out in accordance with Australian Standard 2601-2001 – The Demolition of Structures and the following requirements:

a. Demolition material is to be disposed of to an authorised recycling and/or waste disposal site and/or in accordance with an approved waste management plan.

13. Environmental Management

The site must be managed in accordance with the publication ‘Managing Urban Stormwater – Landcom (March 2004) and the Protection of the Environment Operations Act 1997 by way of implementing appropriate measures to prevent sediment run-off, excessive dust, noise or odour emanating from the site during the construction of the development.

14. Council Property

During construction works, no building materials, waste, machinery or related matter is to be stored on the road or footpath.

15. Excavated Material

All excavated material removed from the site must be classified in accordance with the NSW Environment Protection Authority’s Environmental Guidelines – Assessment, Classification and Management of Liquid and Non-Liquid Wastes prior to disposal to an approved waste management facility and reported to the principal certifying authority.

16. Survey Report – Finished Floor Level

Reports must be prepared by a registered surveyor and submitted to the principal certifying authority prior to the pouring of concrete at each level of the building certifying that:

a. The building, retaining walls and the like have been correctly positioned on the site.

b. The finished floor levels are in accordance with the approved plans.

17. Pile Anchoring

Piles must not be anchored to the foundation or structure of the adjoining property at No. 10 Edgeworth David Avenue.

18. Right of Access

The right-of-access for the adjoining property at No. 10 Edgeworth David Avenue must be maintained at all times during the construction works on the site.

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

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’ shall also be taken to mean ‘interim occupation certificate’ unless otherwise stated.

19. Fulfilment of BASIX Commitments

The applicant must demonstrate the fulfilment of BASIX commitments pertaining to the development.

20. Sydney Water – s73 Certificate

A s73 Certificate must be obtained from Sydney Water.

21. Stormwater Drainage

The stormwater drainage system for the development must be designed and constructed in accordance with Council’s Civil Works – Design and Construction Specification 2005 and the following requirements:

a. Connected directly to Council’s street drainage system in accordance with plans prepared by Australian Consulting Engineers Job No 08AH349 Rev E.

Note: A certificate from a chartered civil engineer together with a works as executed design plan must be submitted to the principal certifying authority to demonstrate the satisfaction of this condition.

22. On Site Stormwater Detention

An on-site stormwater detention system must be designed by a chartered civil engineer and constructed in accordance with the following requirements:

a. Have a capacity of not less than 32.6 cubic metres, and a maximum discharge (when full) of 48 litres per second.

b. The total site discharge not exceeding 48 litres per second.

c. Have a surcharge/inspection grate located directly above the outlet.

d. Discharge from the detention system to be controlled via 1 metre length of pipe, not less than 50 millimetres diameter or via a stainless plate with sharply drilled orifice bolted over the face of the outlet discharging into a larger diameter pipe capable of carrying the design flow to an approved Council system.

23. Footpath

A concrete footpath must be constructed along the full frontage of the subject site in accordance Council’s Civil Works Design and Construction Specification, 2005 and the following requirements:

a. The existing footpath being removed.

b. The footpath be constructed with Claypave “Monarch Tan” pavers laid on 125mm thick 20mpa concrete along the full width of the footway over the full frontage to the site including the implementation of landscape plan.

c. Any public utility adjustments to be carried out at the cost of the applicant and to the requirements of the relevant public authority.

24. Road Works

All road works approved under this consent must be constructed in accordance with Council’s Civil Works Design and Construction Specification, 2005 and a separate application under the Local Government Act 1993 and the Roads Act 1993 must be submitted to Council. The engineering plans must address the following requirements:

a. The existing kerb and gutter be removed and a new kerb and gutter be constructed across the frontage of site in Edgeworth David Avenue and the Pacific Highway.

b. The works to include, where required, the construction of perambulator ramps, line marking, signage and road furnishings.

c. A new vehicular crossing be constructed.

d. The existing road pavement to be saw cut a minimum of 300 mm from the existing edge of the bitumen and reconstructed.

25. Damage to Council Assets

Any damage caused to Council’s assets as a result of the construction of the development must be rectified in accordance with Council’s written requirements and at the sole cost of the applicant.

26. Traffic Control Plan

A Traffic Control Plan (TCP) must be prepared by a qualified traffic controller in accordance with the Roads & Traffic Authority’s Traffic Control at Worksites Manual 1998 and Australian Standard 1742.3 for all work on a public road and be submitted to Council. The TCP must detail the following:

a. Arrangements for public notification of the works.

b. Temporary construction signage.

c. Permanent post-construction signage.

d. Vehicle movement plans.

e. Traffic management plans.

f. Pedestrian and cyclist access/safety.

g. Details of pedestrian and vehicular access to the property at No. 10 Edgeworth David Avenue, in accordance with the construction management plan.

27. Creation of Easements

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

a. A Right of Access to service No. 10 Edgeworth David Avenue.

b. The creation of an appropriate "Positive Covenant" and "Restriction as to User" over the constructed on-site detention/retention systems (OSD) and outlet works, within the lots in favour of Council in accordance with Council’s prescribed wording. The position of the on-site detention system is to be clearly indicated on the title.

c. To register the OSD easement, the restriction on the use of land “works-as-executed” details of the on-site-detention system and an engineers certificate must be submitted verifying that the required storage and discharge rates have been constructed in accordance with the design requirements. The details must show the invert levels of the on site system together with pipe sizes and grades. Any variations to the approved plans must be shown in red on the “works-as-executed” plan and supported by calculations.

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

28. Works as Executed Plan

A works-as-executed plan must be prepared by a registered surveyor and submitted to Council for completed road pavement, kerb & gutter, public drainage systems, driveways and on-site detention system. The plan must be accompanied by a certificate from a registered surveyor certifying that all pipelines and associated structures lie wholly within any relevant easements.

29. Completion of Landscaping

A certificate must be provided by a practicing landscape architect, horticulturalist or person with similar qualifications and experience certifying that all required landscaping works have been satisfactorily completed in accordance with the approved landscape plans, the minimum construction standards identified in the Hornsby Shire Council Landscape Code for development applications and the following additional requirements for works on the street frontages:

a. The landscape planter verge be edged with bullnose brick header course raised to match level of the kerb.

b. The soil backfill mix around the rootball shall be an organic soil mix.

c. Street tree planting to include two (2) Leptospermum conferta (Brushbox) planted at a minimum pot size of 75 litres.

d. The tree proposed adjacent to the Pacific Highway intersection be relocated to the area identified in red on the approved Landscape Plan contained in Condition 1 of this development consent.

e. Planter box areas to include automatic drip irrigation, subsoil drainage (proprietary drainage cell, 50mm sand and filter fabric), and waterproofing.

f. 500 mm additional soil depths be provided for shrubs.

Note: Advice on suitable species for landscaping can be obtained from Council’s planting guide ‘Indigenous Plants for the Bushland Shire’, available at www.hornsby.nsw.gov.au.

30. External Lighting

All external lighting must be designed and installed in accordance with Australian Standard AS 4282 – Control of the Obtrusive Effects of Outdoor Lighting. Certification of compliance with the Standard must be obtained from a suitably qualified person.

31. Garbage Collection Easement

For the purpose of waste collection, an easement entitling Council, its servants and agents and persons authorised by it to enter upon the subject land and to operate thereon, vehicles and other equipment for the purposes of garbage collection must be granted to Council by the owner of the land.

Note: The easement must be in a form prescribed by Council and must include covenants to the effect that parties will not be liable for any damage caused to the subject land or any part thereof or to any property located therein or thereon by reason of the operation thereon of any vehicle or other equipment used in connection with the collection of garbage and to the effect that the owner for the time being of the subject land shall indemnify the Council, its servants, agents and persons authorised by it to collect garbage against liability in respect of any such claims made by any person whomsoever.

32. Cooling Towers

All cooling towers must be designed and installed in accordance with the Public Health Act 1991, the Public Health (Microbial Control) Regulation 2000 and Australian/New Zealand Standard AS/NZS 3666 – Air-Handling and Water Systems of Buildings. Certification of compliance with the Standard must be obtained from a suitably qualified person.

Note: Under clause 15 of the Public Health (Microbial Control) Regulation 2000 the occupier of the part of premises where a regulated system is installed must notify the Council of the following particulars:

a. Type of system.

b. The address of the premises on which the system is installed.

c. The name, and the residential and business addresses, of the owner of the premises.

d. If the operation area on the premises is occupied otherwise than by the owner, those particulars in relation to the occupier the telephone numbers at which, during business hours and after business hours, the person or persons referred to in the above point may be contacted.

33. Car Park Management Plan

A Car Park Management Plan must be submitted to Council for approval to ensure that long term parking by motorists, not occupying or using the development for any purpose, is prevented during operation of the site.

34. s94 Infrastructure Contributions

The payment to Council of a contribution of $173,975.35* for 77 employees towards the cost of infrastructure identified in Council’s Development Contributions Plan 2007-2011.

Note: * The value of contribution is based on a rate of $2,259.35 per employee, derived from a rate of one employee per 30sqm commercial floor area and is current as at 4 May 2009. The contribution will be adjusted from this date in accordance with the underlying consumer price index for subsequent financial-quarters.

It is recommended that you contact Council to ascertain the indexed value of the contribution prior to payment.

35. s94 Infrastructure Contributions

The payment to Council of a contribution of $ 35,4023.45* for thirty two additional dwellings towards the cost of infrastructure identified in Council’s Development Contributions Plan 2007-2011.

Note: * The value of contribution is current as at 4 May 2009. The contribution will be adjusted from this date in accordance with the underlying consumer price index for subsequent financial quarters.

It is recommended that you contact Council to ascertain the indexed value of the contribution prior to payment.

36. s94 Infrastructure Contributions

The payment to Council of a contribution of $ 88,000.00* for four car parking spaces not provided on the site in accordance with Council’s Development Contributions Plan 2007-2011.

Note: * The value of contribution is based on a rate of $22,000 per car parking space and is current as at4 May 2009. The contribution will be adjusted from this date in accordance with the underlying consumer price index for subsequent financial quarters.

It is recommended that you contact Council to ascertain the indexed value of the contribution prior to payment.

OPERATIONAL CONDITIONS

37. Car Parking and Deliveries

All car parking must be constructed and operated in accordance with Australian Standard AS 2890.1 – 2004 – Off Street Car Parking and Australian Standard 2890.2 - 2002 – Off Street Commercial, the submitted Delivery Management Plan and the following requirements:

a. All parking areas and driveways are to be sealed to an all weather standard, line marked and signposted.

b. Car parking, loading and manoeuvring areas to be used solely for nominated

purposes.

c. Vehicles awaiting loading, unloading or servicing shall be parked on site and not on adjacent or nearby public roads;

d. All vehicular entry on to the site and egress from the site shall be made in a

forward direction.

38. Noise

All noise generated by the proposed development must 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).

39. Fire Safety Statement - Annual

On at least one occasion in every 12 month period following the date of the first ‘Fire Safety Certificate’ issued for the property, the owner must provide Council with an annual ‘Fire Safety Certificate’ to each essential service installed in the building.

40. Dewatering

Following the expiry of the dewatering licence (12 month period) the owner of the site must either:

a. Dispose of all ground water and seepage by tanker to an approved liquid waste facility.

b. Enter into a Trade Waste Agreement with Sydney Water for the disposal of all groundwater.

Note: Permanent dewatering is not approved by the Department of Water and Energy or Hornsby Shire Council

41. Waste Storage area

The waste management on site must be in accordance with the following requirements:

a. All commercial and retail tenants to retain written evidence of a valid contract with a licensed waste contractor for the regular collection and disposal of the waste and recyclables

b. Each dwelling be provided with an indoor waste/recycling cupboard for the interim storage of a minimum one day’s segregated garbage and recycling generation.

c. Site security measures be implemented to prevent access to the waste storage rooms by waste removal services.

d. No steps be located along any of the bin carting routes.

CONDITIONS OF CONCURRENCE – STATE RAIL

The following conditions of consent are from the nominated State Agency pursuant to Section 79B of the Environmental Planning and Assessment Act 1979 and must be complied with to the satisfaction of that Agency.

42. Construction Certificate Plans

The following requirements must be complied with prior to the issue of a Construction Certificate:

a. A report be prepared by a qualified Electrolysis expert on the Electrolysis Risk of the development from stray currents and the measures to be incorporated to control that risk.

b. The recommended measures to control the electrolysis risks be included in the construction certificate plans.

c. Details of mechanisms that limit the opening of windows or provision of awning windows along the elevation fronting the southern boundary of the development (rail corridor) be provided in the construction certificate plans and be endorsed by RailCorp.

d. All methods to be followed for excavation and construction works be detailed in the construction certificate plans and specifications, in accordance with the methodology detailed in the approved Geotechnical Report prepared by Douglas Partners dated December 2002, Douglas Partners Geotechnical Review, dated 28 October 2008 and the Assessment of Geotechnical Affects on the RailCorp Corridor, dated 5 December 2008 and be endorsed by RailCorp.

Note: The principal certifying authority must not issue the Construction Certificate or Occupation Certificate prior to written confirmation from RailCorp, should a condition of consent require endorsement by RailCorp.

43. Additional Geotechnical Investigations

The results of the additional geotechnical investigations on site, to be conducted prior to commencing construction works and after demolition of the existing building, in accordance with item 5.9 of the Geotechnical Report prepared by Douglas Partners dated December 2002 must be provided to RailCorp for further review. Additional requirements by RailCorp as a result of such investigations must be complied with at the construction stage of the development.

44. Vibration Monitoring System

A vibration monitoring system must be installed on site to monitor the vibration levels on the adjoining rail corridor for the duration of works. The plan of the proposed method must be submitted to and be endorsed by RailCorp prior to commencement of works on site.

45. Hoarding

Owner’s consent must be obtained from RailCorp prior to installation of hoarding along the southern boundary of the site.

46. Reflective materials

Prior to the installation of any light, sign or reflective material, whether temporary or permanent, in the proximity of the rail corridor, approval must be obtained from RailCorp.

47. Risk Assessment Plan

A Risk Assessment/Management Plan and detailed Safe Work Method Statement (SWMS) for the proposed demolition, excavation and construction works are to be submitted to RailCorp for endorsement prior to the commencement of works on site.

Note: RailCorp’s representatives may require further conditions to be complies with regard to the above and require the provision of on-site Safe Working supervision for certain aspects of the works.

48. Aerial Operations

Plans and documentation must be submitted to RailCorp incorporating details of all craneage and other aerial operations prior to works commencing on site.

Note: No loads are to be carried over RailCorp’s land.

CONDITIONS OF CONCURRENCE – ROADS AND TRAFFIC AUTHORITY

49. The layout of the access driveway to the site must be in accordance with AS 2890.1 – 2004 and AS 2890.2 – 2002 for heavy vehicle usage.

50. Prior to commencement of any works, detailed design plans of the proposed gutter crossing on Edgeworth David Avenue, must be submitted to Council for approval.

Note: All works associated with the proposed development shall be at no cost to RTA

51. Prior to the release of the Construction Certificate, details of the security gate for the residential parking on Basement Level 4 and the means of opening must be submitted to Council.

- END OF CONDITIONS -

ADVISORY NOTES

Environmental Planning and Assessment Act 1979 Requirements

· The Environmental Planning and Assessment Act 1979 requires:

· 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 Services Branch on 9847 6760.

· A principal certifying authority to be nominated and Council notified of that appointment prior to the commencement of any works.

· Council to be given at least two days written notice prior to the commencement of any works.

· Mandatory inspections of nominated stages of the construction inspected.

· An occupation certificate issued before occupying any building or commencing the use of the land.

Long Service Levy

Note: The rate of the Long Service Levy is 0.35% of the total cost of the work.

Note: Hornsby Council requires the payment of the Long Service Levy prior to the issue of a construction certificate.

Tree Preservation Order

To ensure the maintenance and protection of the existing natural environment, it is an offence to ringbark, cut down, top, lop, remove, wilfully injure or destroy a tree outside three metres of the approved building envelope without prior written consent from Council. Fines may be imposed for non-compliance with Council’s Tree Preservation Order.

Note: A tree is defined as a single or multi-trunked wood perennial plant having a height of not less than three (3) metres, and which develops many branches, usually from a distance of not less than one (1) metre from the ground, but excluding any plant which, in its particular location, is a noxious plant declared as such pursuant to the Noxious Weeds Act 1993. This definition of ‘tree’ includes any and all types of Palm trees.

All distances are determined British Standard BS 5837: 2005, “Trees in Relation to Construction – Recommendations”.

Disability Discrimination Act

The applicant’s attention is drawn to the existence of the Disability Discrimination Act. A construction certificate is required to be obtained for the proposed building, which will provide consideration under the Building Code of Australia, however, the development may not comply with the requirements of the Disability Discrimination Act. This is the sole responsibility of the applicant.

Tenancy Fit-Out – Separate DA Required

This consent does not permit the fit-out of individual tenancies. A separate development application is required for the fit-out of individual tenancies prior to the occupation of the building.

Advertising Signage – Separate DA Required

This consent does not permit the erection or display of any advertising signs. Most advertising signs or structures require development consent. Applicants should make separate enquiries with Council prior to erecting or displaying any advertising signage.

Dial Before You Dig

Asbestos Warning

Alternatively, telephone the Work Cover Asbestos and Demolition Team on 8260 5885.

Planning Report No. PLN34/09

Date of Meeting: 3/06/2009

5 SECTION 82A REVIEW- ERECTION OF A DWELLING-HOUSE
16C OSBORN ROAD, NORMANHURST

Development Application No:	DA/432/2008– Section 82A Review
Description of Proposal:	Erection of a dwelling-house
Property Description:	Lot 17, DP 1120186, (No. 16C) Osborn Road, Normanhurst
Applicant:	Clarendon Homes (NSW) Pty Ltd
Owners:	Mr J McLean Crerar and Mrs M.E. Crerar
Statutory Provisions:	Hornsby Shire Local Environmental Plan, 1994 Residential A (Low Density) zone
Estimated Value:	$242,385
Ward:	B

RECOMMENDATION

THAT Development Application No. DA/432/2008, the subject of a Section 82A review for the erection of a one and two storey dwelling-house at Lot 17, DP 1120186, No. 16C Osborn Road, Normanhurst be approved subject to the conditions of consent detailed in Schedule 1 of this report.

EXECUTIVE SUMMARY

1. The (Section 82A review) application is in respect to the proposed construction of a two storey dwelling-house on a vacant, battle-axe allotment.

2. The proposal generally complies with the Hornsby Shire Local Environmental Plan, 1994 (HSLEP) and Council’s Dwelling House Development Control Plan (DCP).

3. The application has been referred to Council for determination as a consequence of a decision of the Land and Environment Court which declared that Council’s previous determination was invalid on the grounds that Council had no power to determine the application made under S82A of the Act under delegated authority.

4. It is recommended that the application be approved.

HISTORY OF THE SITE

On 6 March 2006, DA/70/2005 was approved for the demolition of a dwelling-house and the subdivision of one allotment into three allotments.

HISTORY OF THE APPLICATION

On 4 June 2008, Council considered Executive Manager Planning Division Report No. PLN112/08 and refused consent for DA/432/2008, which proposed the erection of a one and two storey dwelling-house, as the development was deemed to fail to comply with the objectives of the Setbacks and Flora and Fauna Protection elements of the Dwelling House DCP.

On 10 November 2008, a request for Council to review its determination pursuant to Section 82A of the Act was made. In support of the request, amended plans were prepared to address the reasons for refusal of the original application. The changes to the plans were as follows:

· The driveway was redesigned and relocated to minimise disturbance to the designated bushland regeneration area at the southern side of the site and two trees adjacent to the western boundary.

· The waste material storage area was relocated away from the designated bushland regeneration area to a position adjacent to the accessway.

· The stormwater dispersal trenches originally located within the bushland regeneration area was deleted and the stormwater is now piped to the drainage easement that traverses the site.

· The alfresco area at the rear of the dwelling-house (elevation 3) was relocated a further 3m away from western side boundary and the adjacent premises Nos 15 and 17 Nepean Avenue.

· The roof pitch was lowered from 28 degrees to 25 degrees, lowering the overall height of the structure from 8.2m to 7.9m.

· The first floor level window to bedroom 3 was relocated from the western wall (elevation 2) to the northern wall (elevation 3).

· The first floor level window serving the bathroom (elevation 2) was proposed be fitted with obscure glazing.

· The setback from the western side boundary adjoining premises No. 15 Nepean Avenue was increased from 1.5m to 2m.

On 12 December 2008, the Section 82A application was initially approved under delegated authority, subject to conditions.

On 15 April 2009, a third party appeal was filed with the NSW Land and Environment Court against the validity of Council’s determination of the application pursuant to Section 123 of the Act. The appeal requested that the Section 82A review application that had been approved under delegated authority be declared invalid, thereby allowing the Section 82A

review application to be determined at a future Council Planning Meeting. On 15 May 2009, the Court upheld the appeal.

THE SITE

The irregular shaped, battle-axe allotment has an area of 1418m², is located on the low, western side of Osborn Road, Normanhurst between Pennant Hills Road and Currawong Road. The allotment has an average fall of 10% towards the western side of the site. The site is subject to an easement to drain water and a restriction-as-to-user which precludes building works within the area known as the “Bushland Regeneration Area”, identified as ‘W” on DP1120186 and the 88B Instrument.

The site is primarily surrounded by post war style, weatherboard and brick one and two storey dwelling-houses, surrounded by well established trees and landscaped areas.

The site is within the vicinity of Loreto College and Convent, located on the eastern side of Osborn Road, which is listed as a heritage item under Schedule D (Heritage Items) of the Hornsby Shire Local Environmental Plan, 1994.

The adjoining properties to the south-east are vacant. The adjoining property to the east, No. 16 Osborn Road, is occupied by a one and two storey dwelling-house.

One and two storey dwelling-houses are also located at premises Nos 20 and 22 Osborn Road and two storey dwelling-houses are located at premises Nos 12, 15, 21 and 21A Nepean Avenue and 26 Osborn Road.

THE PROPOSAL

The application involves the erection of a one and two storey dwelling-house incorporating a double garage, front porch, entry area, living room, kitchen, meals room, family area, media room, home theatre, study, laundry, staircase, powder room and outdoor alfresco area at the ground level. The first floor contains four bedrooms, a bathroom, ensuite, staircase, walk-in-robe and a den. A retaining wall is proposed along part of the western boundary.

The setbacks of the building are proposed to be 17.5m from the southern boundary, 8.7m from the eastern boundary, 2m to 2.45m from the western boundary and 3m from the northern boundary. The overall height of the building is 7.9m when measured from the natural ground directly below.

Vehicle access is via a carriageway created at the time of the subdivision.

Trees numbered T10, T11, T12, T13, T14, T15, T19, T20 and T22 would be removed to accommodate the development. Trees numbered T1, T2, T4, T5, T6, T8, T9, T18 and T21 would be retained.

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 insofar as providing an additional dwelling and would increase the housing stock in the locality.

2. STATUTORY CONTROLS

2.1 Section 82A - Environmental Planning and Assessment Act, 1979

The application for Council to review its decision with respect to DA/432/2008 is made pursuant to Section 82A of the Act. In accordance with the provisions of Section 82A, the applicant may propose amendments to the development. Council is to notify the application and to take into consideration any submissions in carrying out the review.

The notification and assessment of the application are in accordance with Section 82A.

2.2 Hornsby Shire Local Environmental Plan, 1994

The subject land is zoned Residential A (Low Density) under the 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; and

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

The proposed development is defined as a “dwelling-house” under the HSLEP and is permissible in the zone with Council’s consent.

2.3 Heritage Development Control Plan

The site is in the vicinity of a heritage item of regional significance, namely Loreto College and Convent at Nos. 91-93 Pennant Hills Road, Normanhurst.

The proposal meets the objectives of the Heritage DCP.

2.4 Dwelling House Development Control Plan

Dwelling House Development Control Plan
Control	Proposal	Requirement	Compliance
Floor Space Ratio	0.28:1	0.4:1	Yes
Site cover	18%	40%	Yes
Dwelling Height	7.9m	9m	Yes
No. of Storeys	1 and 2	1	No
Length of Building	21.2m	24m	Yes
Unbroken Wall Length	10.18m	10m	No
Private Open Space	150m²	120m²	Yes
Landscaping	48%	45%	Yes
Car parking	2 spaces	2 spaces	Yes
Cut and Fill	0.8m	1m	Yes
Solar access to neighbouring properties	4 hrs	4 hrs	Yes
BASIX Certificate	221096S	BASIX Certificate	Yes
Setbacks: -Front (south) -Side (east) -Side (west) -Rear (north)	17.5m 8.7m 2m - 2.45m 3m	6m 1m 1m 3m	Yes Yes Yes Yes

2.4.1 Design (Unbroken wall length)

The proposal complies with the objectives of the Design element of the Dwelling House DCP.

The 10.18m unbroken wall length along the western façade is a minor variation from the 10m prescriptive measure of the Design element and would not have any detrimental visual impacts. The 0.18m non-compliance is less than the size of a house brick.

There is sufficient detail in the western elevation by way of windows, a door, two rainwater tanks and a varied roof form to effectively address any concerns about a monotonous or symmetrical design. Accordingly the proposed variation is acceptable.

2.4.2 Building Height

The proposal has a maximum building height of 7.9m above ground level, which complies with the maximum permissible 9m prescriptive measure of the Height element. Whilst the two storey height of the proposed development is consistent with similar dwelling-houses in the immediate area, the proposal does not comply with the prescriptive measures of the Height element which states that “Dwelling-houses on battle-axe allotments should not exceed single storey in height.”

The aim of this single storey height control is to minimise the impact of any development in terms of privacy, solar access and views enjoyed by adjacent properties.

The proposed 7.9m high dwelling-house would not impinge on any iconic or significant views from the adjacent premises at Nos 15, 17, 19 Nepean Avenue and Nos 12B and 16 Osborn Road. Having regard to the visual character of the surrounding residential zone, which is typified by dwelling-houses, trees and landscaped areas, it is unreasonable to expect

that a new dwelling-house would not partially obstruct any outlook over this typical suburban environment.

The design of the building is consistent with contemporary two storey dwelling-houses erected throughout the immediate area.

Under Council’s Dwelling House DCP, a dwelling-house can be erected to a height of 9m. Under the NSW Housing Code the maximum height is 7.9m. The proposal complies with both these codes.

The height of the proposed dwelling-house takes advantage of the slope of the site towards the rear boundary by incorporating a split level, one and two storey design. Whilst this proposal departs from the prescriptive measures of the Height element of the Dwelling House DCP, which states that “dwelling-houses on battle axe allotments should not exceed single storey in height”, the variation to the development standard in this instance is considered to be acceptable for the following reasons:

· the two storey design allows for a smaller building footprint and the retention of trees on a site that forms part of the Blue Gum High Forest Endangered Ecological Community.

The design principle follows that of a number of contemporary dwelling-houses on battle-axe allotments within B and C Wards.

2.4.3 Privacy

The two first floor level windows within the northern façade (Elevation 3) serving bedrooms No. 2 and 3 would be set back 9m from the adjoining property at No. 12B Osborn Road.

The two first floor level windows within the western façade (Elevation 2) are located between 2m and 2.5m from the adjoining property boundary No. 17 Nepean Avenue and serve bedroom No. 4 and a bathroom. The bathroom window is fitted with frosted glazing.

The three narrow, first floor level windows within the southern façade (Elevation 1) would serve the master bedroom and an ensuite and are set back 25m from the southern boundary alignment.

There are no first floor level windows within the eastern façade (Elevation 4).

In terms of privacy impacts from bedroom windows, it has been Council’s and the NSW Land and Environment Court’s long standing assessment practice, more recently supported by the NSW Housing Code – “Exempt and Complying Development for Detached Dwellings” and AMCORD, that overlooking from bedroom windows is less intrusive than overlooking

from highly active living areas such as rumpus rooms, lounge rooms and kitchens. This is mainly due to bedrooms being generally used for sleeping purposes and the windows usually dressed with curtains and blinds.

In term of the living areas, all rooms are located on the ground floor and, with the exception of the ground floor study, the living room windows are located in excess of 6m from any boundary.

In regard to the ground floor study window that faces No. 17 Nepean Avenue, any impact would be negligible, as this window would be screened by a 1.8m high dividing fence and the use of this 9m² study is not considered large enough for active living. Using the privacy element contained under the NSW Housing Code as a guide, privacy screens are generally only required if a window serves a habitable room, other than a bedroom, that has a floor level more than 1m above the existing ground level and the wall in which the window is located is set back less than 3m from the side boundary.

In this instance, whist the study window is set back 2.45m from the side boundary, the floor level of the room is less than 1m from the existing ground level. As a consequence, no privacy screen is necessary.

The proposal would ensure that a reasonable level of privacy is available to the private open spaces of adjacent properties and meets the objectives of the Privacy element of the Dwelling House DCP.

2.4.4 Setbacks

On 4 June 2008, Council considered Executive Manager Planning Division Report PLN112/08 which noted that the proposal did not comply with the setback requirement of the Dwelling House DCP in that the proposed dwelling-house was less than 3m from the rear (western) boundary.

A re-assessment of the proposal under the objectives of the Setbacks element of the Dwelling House DCP has found that the rear boundary is not in relation to the western alignment but to the northern boundary. This outcome was reached having regard to the design of the dwelling-house, the location of active living rooms and their nexus with the nearby private open space areas. As detailed above, the setbacks comply with the Setbacks provisions of the Dwelling House DCP.

2.4.5 Solar Access

The shadow diagrams prepared for 9 am, 12 noon and 3 pm on 22 June (the winter solstice) indicate that the proposed two storey dwelling-house would create shadows that allow at least 4 hours of sunshine to the private open space required for the adjacent properties at No. 16 Osborn Road and No. 17 Nepean Avenue.

The diagrams also indicate that the north facing windows to living areas of the adjacent dwelling-houses on these properties would receive 3 hours of sunshine over a portion of their surface on 22 June.

As established by Pathburn v North Sydney [2005] NSWLEC 44, the proposal also needs to be designed in such a way as to ensure that any impacts from the development are commensurate with that of a single storey development.

The dwelling-house has been designed and located on the site at setbacks for the two storey component that range from 2m to 2.5m from the western boundary. Even so, any shadow cast from the two storey component would not significantly encroach over the private open space at the rear of the premises to the south, namely No. 17 Nepean Avenue.

The proposal would ensure that a reasonable amount of solar access is available to the private open spaces and living areas of adjacent properties and meets the objectives of the Solar Access element of the Dwelling House DCP.

2.4.6 Scale

The proposed 0.28:1 floor space ratio and 18% site cover comply with the prescriptive measures of the Scale element. The proposal is consistent with the bulk and scale of similar dwelling-houses in the immediate area and meets the objectives of the Scale element of the Dwelling House DCP.

2.4.7 Vehicle Access and Parking

The proposal provides 2 car parking spaces as required by the prescriptive measures and there is sufficient area to allow for safe vehicular and pedestrian access to and from the property in accordance with the objectives of the Vehicle Access and Parking element of the Dwelling House DCP.

2.4.8 Drainage Control

All the collected stormwater, with the exception of a small section of the driveway, is proposed to be drained to the piped drainage easement serving the subject property. Runoff from this driveway area is to be drained to a dispersal trench designed to satisfactorily cope with rainfall intensities for an average recurrence interval of 20 years.

The proposal would have minimal impacts on the trees located in the bushland regeneration area and meets the objectives of the Drainage Control element of the Dwelling House DCP.

2.4.9 Soil and Water Management

As significant site works would be undertaken, sediment erosion controls are required to minimise any sediment-laden water affecting downstream properties and water quality. The location of these control measures would not be permitted to impact on the environmental sensitivities of the land within the designated “bushland regeneration area”.

3. ENVIRONMENTAL IMPACTS

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

3.1 Natural Environment

The proposed development would necessitate the removal of nine trees, marked as T10, T11, T12, T13, T14, T15, T19, T20 and T22 on the site plan.

As the site is part of a Blue Gum High Forest being a Critically Endangered Ecological Community listed under the Threatened Species Conservation Act, 1995 an ‘Assessment of Significance’ was undertaken to determine if the subject development and in particular, the removal of the nominated trees would have a significant impact on the Blue Gum High Forest, Gang-gang Cockatoo, Powerful Owl or the five vulnerable species of Micro-chiropteran bats.

Following each assessment of significance for individual and groups of species on the site, it is Council officers assessment that there is not likely to be any significant impacts on the status of the above biota resulting from the development and therefore a Species Impact Statement is not required for any of the individual or groups of species as a result of either development.

It is Council officers assessment that due to the effects of ‘Bracken Fungi’ and the negative long-term projected health of the mature Blue Gum (tree 20), located in the middle of the allotment, it would not be appropriate to require the application to be redesigned to allow for the retention of this particular tree.

A copy of Council’s Threatened Species Considerations Assessment Of Significance is held at Attachment 9 of this report.

3.2 Built Environment

3.3 Social Impacts

There are no significant social impacts resulting from the proposed development.

3.4 Economic Impacts

There are no significant economic impacts resulting from the proposed development.

4. SITE SUITABILITY

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

The site is suitable for low density residential development. It is not identified as flood prone or bush fire prone. The proposed dwelling-house is in keeping with the low density residential environment and its low density nature allows for the retention of the existing Blue Gum High Forest Endangered Ecological Community found on the site.

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 plans submitted with the Section 82A application were placed on public exhibition and were notified to adjoining and nearby landowners between 20 November and 4 December 2008, in accordance with Council’s Notification and Exhibition DCP. During this period, Council received eight submissions.

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

NOTIFICATION PLAN
• PROPERTIES NOTIFIED	X SUBMISSIONS RECEIVED	PROPERTY SUBJECT OF DEVELOPMENT

Eight submissions objected to the development on the grounds that the development would result in:

· loss of privacy;

· inadequate setbacks;

· excessive height;

· inadequate stormwater drainage;

· inadequate soil and water management;

· detrimental flora and fauna impacts;

· inadequate vehicle access and parking;

· loss of solar access; and

· development that is excessive in bulk and scale, being contrary to the restriction on the use of the land imposed as a condition of consent for the subdivision with respect to bushland regeneration.

The merits of the matters raised in these community submissions have been addressed in the body of the report.

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 an acceptable impact. Accordingly, it is considered that the approval of the proposed erection of a dwelling house would not be contrary to the public interest.

CONCLUSION

Consent is sought to construct a two storey dwelling-house at the subject property. The applicant has requested that Council reviews its earlier decision to refuse DA/432/2008.

The proposal complies with the Hornsby Shire Local Environmental Plan 1994 and satisfies the requirements of the Dwelling House DCP.

An ‘Assessment of Significance’ concluded that the subject development, including the removal trees numbered. T10, T11, T12, T13, T14, T15, T19, T20 and T22 would not have a significant impact on the Blue Gum High Forest, Gang-gang Cockatoo, Powerful Owl or the five vulnerable species of Micro-chiropteran bats.

Council received eight submissions regarding the application. Issues raised within submissions have been appropriately addressed in the design of the development.

Having regard to the above, it is recommended that the development application be approved, subject to conditions of consent detailed in Schedule 1 of this report.

Simon Evans

Manager - Assessment Team 1

Planning Division

Scott Phillips

Executive Manager

Planning Division

1.View	Locality Plan
2.View	Site/Tree Plan
3.View	Landscape Plan
4.View	Floor Plans
5.View	Elevations
6.View	Shadow Plans
7.	Stormwater Plans
8.	Erosion & Sediment Control Plan
9.	Threatened Species Report

File Reference: DA/432/2008

Document Number: D01142639

SCHEDULE 1

CONDITIONS OF APPROVAL

GENERAL CONDITIONS

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.

1. Approved Plans and Supporting Documentation

*Plan No.*	*Drawn by*	*Dated*
299.03237/282373/2-7/F	Clarendon Homes P/L	13.02.08

*Document No.*	*Prepared by*	*Dated*
C1352-03237/1&2A	Ibrahim Stormwater Consultants	13.02.08

2. Amendment of Plans

The plans must be amended as follows:

a. The batter slope at the rear of the dwelling-house and alfresco area must be removed so that there is no excavation (including excavation for drainage) within 4m from the outer face of tree No. 18, when measured 0.8m above the natural ground level; and

b. The proposed retaining wall and/or fill in the north western corner of the site must be redesigned so that no works are undertaken within 4m of trees 16 and 17, when measured 0.8m above the natural ground level.

3. Retention of Existing Trees

This development consent only permits the removal of trees numbered 10, 11, 12, 13, 14, 15, 19, 20 and 22 as identified on Plan No. 299.03237/282373 revision F prepared by Clarendon Homes P/L dated 13.02.08. The removal of any other trees requires separate approval under Council’s Tree Preservation Order.

REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

4. Building Code of Australia

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

5. Contract of Insurance (Residential Building Work)

6. Notification of Home Building Act, 1989 Requirements

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

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

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

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

i. The name of the owner-builder.

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

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

7. Sydney Water – Quick Check

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

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

8. Tree Protection Barriers

Tree protection fencing must be erected around trees numbered 2, 4, 5, 6 and 18 to be retained at a 2.5m setback. The tree fencing must be constructed of 1.8 metre ‘cyclone chainmesh fence’ or star pickets spaced at 2m intervals, connected by a continuous high-visibility barrier/hazard mesh at a height of 1m.

To avoid injury or damage, trees numbered 1, 8, 9 and 21 must have trunks protected by 2m lengths of 75mm x 25mm hardwood timbers spaced at 80mm secured with galvanised wire (not fixed or nailed to the tree in any way.

To protect the Bushland Regeneration Area and retained trees from potential damage on the development site the applicant is to ensure that a temporary 1.8m high cyclone mesh fence shall be erected, prior to commencement of works around the Environmental Protection Zone.

9. Erection of Construction Sign

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 demolition or building work and a telephone number on which that person may be contacted outside working hours.

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.

10. Toilet Facilities

Toilet facilities must be available or provided at the works site before works begin and must be maintained until the works are completed. Each toilet must:

a. be a standard flushing toilet connected to a public sewer; or

b. have an on-site effluent disposal system approved under the Local Government Act, 1993, or

c. be a temporary chemical closet approved under the Local Government Act, 1993.

11. Erosion and Sediment Control

Note: On the spot penalties up to $1,500 may be issued for any non-compliance with this requirement without any further notification or warning.

REQUIREMENTS DURING CONSTRUCTION

12. Construction Work Hours

All work on site (including earth works) must only occur between the hours of 7 am to 5 pm Monday to Saturday. No work is permitted on Sundays or public holidays.

13. Works near Trees

No excavation or filling of soil or placing of building materials is permitted within 4m of trees 16, 17 and 18.

No excavation or filling of soil or placing of building materials is permitted within 3m of tree 21. Any works within 4m of tree 21 must be undertaken under the supervision of an ‘AQF Level 5 Arborist’ or equivalent arborist and a certificate submitted to the principal certifying authority and a copy given to Council detailing the method(s) used to preserve the tree. Tree roots between 10mm and 50mm diameter, revealed during excavation, must be cut cleanly by a sharp hand saw. The severance of tree roots greater than 50mm in diameter is not permitted.

14. Council Property

Note: This consent does not give right of access to the site via Council’s park or reserve. Should such access be required, separate written approval is to be obtained from Council.

15. Disturbance of Existing Site

16. Survey Report – Finished Floor Levels

Reports must be prepared by a registered surveyor and submitted to the principal certifying authority prior to the pouring of concrete at each level of the building certifying that:

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

b. the finished floor levels are in accordance with the approved plans.

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

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’ shall also be taken to mean ‘interim occupation certificate’ unless otherwise stated.

17. Fulfilment of BASIX Commitments

The applicant must demonstrate the fulfilment of BASIX commitments pertaining to the development.

18. Stormwater Drainage

The stormwater drainage system for the development must be completed for an average recurrence interval of 20 years in accordance with the stormwater plan Job Number C1352 -03237 Revision A, dated 6- 11- 08.

19. Internal Driveway/Vehicular Areas

The driveway and parking areas on site must be designed in accordance with Australian Standards 2890.1, 2890.2, 3727.

20. Damage to Council Assets

Any damage caused to Council’s assets as a result of the construction of the development must be rectified in accordance with Council’s written requirements and at the sole cost of the applicant.

21. Retaining Walls

All required retaining walls must be constructed as part of the development.

OPERATIONAL CONDITIONS

22. Ongoing Protection of Bushland

a. All environmental and noxious weeds including Sida rhombifolia (Paddy’s Lucerne), Bromus carthaticus, Cobbler’s Pegs (Bidens pilosa), Small-leaved Privet (Ligustrum sinense), Couch and Kikuyu (Pennisetum clandestinum) that have the potential to spread into the “bushland regeneration area” are removed and suppressed using an appropriate method as detailed on Council’s web site under Environment/ Bushland and Biodiversity/Weeds: www.hornsby.nsw.gov.au .

b. To ensure that species indigenous to the “bushland regeneration area” are planted along the southern boundary of the landscaped garden, only the Blue Gum High Forest species consistent with the ‘Bushland Management Plan’ prepared by Ecohort Pty Ltd on the 13 March, 2007 (TRIM Document No. D01054401) are to be planted in consultation with the bush regeneration contractor responsible for implementing the Plan. The remainder of the site north of the “bushland regeneration area” must be planted in accordance with the ‘Proposed Landscape Plan No. 2’ prepared 4 November, 2008 by Keith Chapple.

c. A dividing fence must not be erected within the “bushland regeneration area” between properties No. 16B and 16C Osborn Road without the separate written consent of Council.

- END OF CONDITIONS -

ADVISORY NOTES

Environmental Planning and Assessment Act, 1979 Requirements

The Environmental Planning and Assessment Act, 1979 requires:

· 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 Services Branch on 9847 6760;

· A principal certifying authority to be nominated and Council notified of that appointment prior to the commencement of any works;

· Council to be given at least two days written notice prior to the commencement of any works;

· Mandatory inspections of nominated stages of the construction inspected;

· An occupation certificate issued before occupying any building or commencing the use of the land.

Long Service Levy

In accordance with Section 34 of the Building and Construction Industry Long Service Payments Act, 1986, a ‘Long Service Levy’ must be paid to the Long Service Payments Corporation or Hornsby Council.

Note: The rate of the Long Service Levy is 0.35% of the total cost of the work.

Note: Hornsby Council requires the payment of the Long Service Levy prior to the issue of a construction certificate.

Tree Preservation Order

To ensure the maintenance and protection of the existing natural environment, it is an offence to ringbark, cut down, top, lop, remove, wilfully injure or destroy a tree outside 3m of the approved building envelope without prior written consent from Council. Fines may be imposed if you choose to contravene Council’s Tree Preservation Order.

Note: A tree is defined as a perennial plant with self supporting stems that are more than 3 m or has a trunk diameter more than 150mm measured 1m above ground level, and excludes any tree declared under the Noxious Weeds Act (NSW).

Dial Before You Dig

Asbestos Warning

Should asbestos or asbestos products be encountered during construction or demolition works advice and information should be obtained prior to disturbing the material. It is recommended that a contractor holding an asbestos-handling permit (issued by WorkCover NSW), be engaged to manage the proper disposal and handling of the material. Further information regarding the safe handling and removal of asbestos can be found at:

www.workcover.nsw.gov.au Alternatively, telephone the WorkCover Asbestos & Demolition Team on 82605885.

Planning Report No. PLN35/09

Date of Meeting: 3/06/2009

6 DEVELOPMENT APPLICATION - EDUCATIONAL ESTABLISHMENT
BARKER COLLEGE, 91 PACIFIC HIGHWAY HORNSBY

Development Application No:	DA/81/2009
Description of Proposal:	Alterations and additions to the existing Junior School and construction of a multi-purpose hall
Property Description:	Lot 1 DP 135493, Lot 1 DP 135492, Lot 2 DP 135493, Lot C DP 383722, Lot 2 DP 3145, Lot 3 DP 3145, Lot 4 DP 3145, Lot A DP 376049, Lot A DP 382236, Lot C DP 376050, Lot D DP 376050, Lot E DP 376050, Lot C DP 359927, Lot 14 DP 5650, Lot A DP 376048, Lot 2 DP 135494, Lot 1 DP 135494, Lot 6 DP 3152, Lot A DP 358926, Lot B DP 358926, Lease 1 DP 1027641, Lease 2 DP 1027641, Lot 1 DP 88154, Lot 9 DP 9545, Lot 10 DP 9545, Lot 11 DP 518327, Lot 8 DP 9545, Lot D DP 359927, Lot 13 DP 5650, Lot 1 DP 346334, Lot B DP 376048, Lot 1 DP 512987, Lot 1 DP 9545, Lot 2 DP 9545, Lot 3 DP 9545, Lot 4 DP 9545, Lot 5 DP 9545, Lot 6 DP 9545, Lot 7 DP 9545, Lot 1 DP 7463, Lot 3 DP 7463, Lot 5 DP 664328, Lot 6 DP 7463, Lot 7 DP 7463, Lot 1 DP 506849, Lot 2 DP 506849, Lot B DP 382236, Lot 3 DP 3463634, Lot 6 DP 5650, Lot 7 DP 5650, Lot 21 DP 5650, Lot 22 DP 5650, Lot 23 DP 5650, Lot 20 DP 5650, Lot 8 DP 5650, Lot 19 DP 5650, Lot 9 DP 5650, Lot 18 DP 5650, Lot 10 DP 5650, Lot 17 DP 5650, Lot 1 DP 771770, Lot B DP 405429, Lot 16 DP 5650, Lot 15 DP 662359 - Barker College - No. 91 Pacific Highway Hornsby, Nos. 2-10 Unwin Road & Nos. 1-11 The Avenue Waitara
Applicant:	The Council of Barker College
Owner:	The Council of Barker College
Statutory Provisions:	Hornsby Shire Local Environmental Plan 1994: Special Uses A (Community Purposes), Residential A (Low Density) and Business G (Town Centre Support) Zone
Estimated Value:	$10,665,000
Ward:	B

RECOMMENDATION

THAT Development Application No. 81/2009 for alterations and additions to the existing Barker College Junior School and construction of a multi-purpose hall at No. 91 Pacific Highway Hornsby, Nos. 2-10 Unwin Road Waitara & Nos. 1-11 The Avenue Waitara be approved subject to the conditions of consent detailed in Schedule 1 of this report.

EXECUTIVE SUMMARY

1. The application proposes alterations and additions to the existing Junior School and construction of a multi-purpose hall.

2. The proposal complies with the requirements of Hornsby Shire Local Environmental Plan 1994 and the relevant Development Control Plans.

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

4. It is recommended that the application be approved.

HISTORY OF THE SITE

The main campus of Baker College has been established on its present site at Hornsby for over 100 years.

On 7 November, 2007, Council approved DA/322/2007 for the construction of a 5 storey classroom building. The building is currently under construction.

THE SITE

Barker College has an area of 15.753 Ha, and is bounded by the Pacific Highway, Unwin Road, Clarke Road and College Crescent in Hornsby. The main educational campus to the north of Clarke Road comprises 60 lots with a total area of approximately 14 hectares, and the staff residential area to the south of Clarke Road comprises 19 lots with a total area of 1.7 hectares. The site experiences an average grade of 7.5% falling to the south of the site.

Barker College comprises a Junior School, Middle School and Senior School with a variety of school buildings, playing fields and other school facilities. The Junior School is located at the southern end of the campus and is accessed from College Crescent and Clarke Road. The Middle and Senior School buildings are located towards the northern end of the campus. They are accessed from the Pacific Highway, College Crescent and The Avenue.

The proposed works are sited in the Junior School grounds on land known as Lots 1, 3, 6 & 7 in DP 7463, Lots C & D in DP 383722, Lots A & B in DP 382236, Lot 5 DP 664328, Lot A DP 376049, Lots A, C & E in DP 376050 and Lot 1 DP 9545 which has a total area of 13,515sqm.

The Barker College Junior School is listed as a heritage item of Local Significance under the provisions of Schedule D (Heritage Items) of the Hornsby Shire Local Environmental Plan 1994 (HSLEP). Furthermore, the property comprises the Barker College Heritage Conservation Area, which is listed as a heritage item (“Barker College group of buildings, grounds and gate”) of State Significance under the provisions of Schedule D (Heritage Items) of the HSLEP.

THE PROPOSAL

The development comprises a combination of new structures, additions to existing structures and extensive landscape works including the following main elements:

· New multi-purpose hall with basement parking area for 22 vehicles;

· New stair and amenity structure connecting the proposed hall to the existing Ward Hall building;

· Two-storey addition to the north-western end of the Junior School building containing a canteen and associated storage on ground floor and Learning Support room above;

· Reading room addition on the northern side of the Library at the northern end of the Junior School Building;

· New stairs and lifts inserted into Ward Hall and the Junior School Building;

· Matching two-storey classroom ‘pods’ on each side of the southern end of the Junior School Building, each pod containing 2 classrooms per floor (8 classrooms in total). A shared Practical area between each pair of classrooms can be opened into either or both classrooms by openable side walls;

· A new internal loop road with visitor parking, drop off and pick up zones and a total of 20 parking spaces;

· Landscape treatment of the area between the new multi-purpose hall and Junior School Building as an outdoor learning, assembly and play area;

· Outdoor amphitheatre to the south of the new assembly area;

· New landscaped areas around the College Crescent and Clarke Road frontages including garden beds and turfed recreation areas planted with a large number of new trees, shrubs and ground covers.

Four of the eight new classrooms that are to be added to the main building would enable the Junior School to accommodate up to 100 additional students and would require an additional 4 teachers. The development would also provide for upgraded facilities to cater for the needs of existing students, however would not increase the number of existing students or teachers within the school.

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 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 4 post constructions jobs in the locality.

2. STATUTORY CONTROLS

2.1 Hornsby Shire Local Environmental Plan 1994

The subject land is part zoned Special Uses A (Community Purposes), part Residential A (Low Density) and part Business G (Town Centre Support) under the Hornsby Shire Local Environmental Plan 1994 (HSLEP). The proposed works are located on that part of the site zoned Special Uses A (Community Purposes) and Residential A (Low Density).

The objectives of the Special Uses A (Community Purposes) zone are:

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

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

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

The objectives of the Residential A (Low Density) zone are:

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

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

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

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

Clause 15 of the HSLEP prescribes that the maximum floor space ratio (FSR) of development within the Residential A (Low Density) zone is 0.4:1. The proposed buildings are wholly located on land zoned Special Uses A (Community Purposes) and there is no FSR prescribed for development in the Special Uses A zone.

Clause 18 of the HSLEP sets out heritage conservation provisions within the Hornsby area. The Barker College ( Senior School) group of buildings, grounds and gate, and the Barker College Junior School are listed as heritage items of State and local significance respectively, under the provisions of Schedule D (Heritage Items) of the HSLEP. The property is located within the Barker College Heritage Conservation Area listed under the provisions of Schedule E (Heritage Conservation Areas) of the HSLEP.

A heritage assessment has been submitted with the application and the proposed development was referred to Council’s Heritage Advisory Committee. The Heritage Advisory Committee raised no objections to the proposed works to the Junior Campus of the School.

2.2 State Environmental Planning Policy (Infrastructure) 2007

Division 3 of Part 2 of the Infrastructure SEPP applies to educational establishments in ‘prescribed zones’ in the Standard Instrument or zones in existing LEPs equivalent to those zones.

The provisions of the SEPP prevail over any inconsistency between another environmental planning instrument including the HSLEP.

The Infrastructure SEPP provisions:

· Make educational establishments a permissible use in zones equivalent to the Standard Instrument R2 Low Density Residential zone. This would permit an educational establishment in the Residential A (Low Density) zone applying to the site under the HSLEP;

· Enable an educational establishment to be used, with consent, for any community purpose, whether or not it is a commercial use; and

· Identify certain types of non-government school development as complying development, subject to certain standards being met. This includes development for the purposes of a library, administration building, classrooms, cafeteria, child care facilities for students or staff and car parks.

The development does not meet all of the complying development criteria. Therefore the application was submitted as local development.

The application was referred to the RTA pursuant to Clause 104 of the Infrastructure SEPP as Schedule 3 applies to extensions to existing educational establishments that accommodate 50 or more additional students. The application was considered by the Sydney Regional Development Advisory Committee (SRDAC) on 11 March 2009 which raised no objections to the proposed development.

2.3 State Environmental Planning Policy No. 44 – Koala Habitat

State Environmental Planning Policy No 44 (SEPP 44) applies to land that has, together with any adjoining land in the same ownership, an area of more than 1 hectare, whether or not the development application applies to the whole, or only part, of the land.

The subject site, together with adjoining land owned by Barker College and making up the main campus, has an area of approximately 15 hectares. Accordingly, Council is required to consider whether the land is a potential core koala habitat.

The site has long been developed for school purposes and is largely cleared with isolated remnant native forest trees scattered amongst grassed and paved playing grounds, car parking areas and school buildings. The site does not contain any potential habitat for koalas and no further assessment is required under the provisions of SEPP 44.

2.4 State Environmental Planning Policy No. 55 – Remediation of Land

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

Historical information and an inspection of the site and surrounding areas indicates that the site has been used for school purposes and there is no known history of uses that might result in soil contamination such as industry, commercial horticulture or agricultural purposes.

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

The site is located within the catchment of the Hawkesbury River. Any development works associated with the construction of the proposed development have the potential to impact on the integrity of downstream watercourses. The proposal involves works that would require specific conditions to be imposed regarding erosion and sediment control measures. These are addressed in Schedule 1.

2.6 Community Uses Development Control Plan

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

Community Uses Development Control Plan

Control

Proposal

Requirement

Compliance

Site Area

Main Campus north of Clarke Road

14 ha

N/A

Site Area by Zone

- Special Uses A

- Residential A

- Business G

9.39 ha

4.38 ha

0.23 ha

N/A

Existing Gross Floor Area (includes DA/322/2007)

- Special Uses A

- Residential A

- Business G

- Total Area

31440 sqm

11835 sqm

2005 sqm

45280 sqm

N/A

New Works Gross Floor Area

(Special Uses A)

2832 sqm

N/A

Proposed FSR

- Special Uses A

- Residential A

- Business G

- Total

0.36:1

0.27:1

0.87:1

0.34:1

0.4:1

1:1

N/A

Yes

N/A

Car parking

42 spaces

4 spaces

Yes

Setbacks - New Classrooms

- Clarke Road

10 metres

6 metres

Yes

Setbacks - New Hall

- Clarke Road

- College Crescent

38.5 metres

30-50 metre

6 metres

Yes

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

2.6.1 Floor Space Ratio

The main campus of Barker College comprises 60 individual allotments, with 3 separate zonings. To resolve future problems with FSR calculation, condition No. 6 of Development Consent No. 322/2007 requires the whole College main campus site to be consolidated into a single allotment. This is currently being undertaken. Accordingly, the FSR for the proposed development was calculated based on development on the entire site, which complies with the requirements of the Community Uses DCP.

2.6.2 Site Cover

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

At least 50% of the college site is currently used as open space, such as sporting ovals. Landscaping is also provided throughout the existing campus. The development will not result in the main college campus exceeding the maximum site coverage requirement of 40%.

2.6.3 Masterplan

The ‘density element’ of the Community Uses DCP requires applications for special use developments to be accompanied by a masterplan.

The school submitted a masterplan in 1998 for consideration in the assessment of the Science Building DA/393/1998 and the masterplan was updated in 2005. The siting of the proposed classroom building and multipurpose hall is generally consistent with the intent of the masterplan to redevelop the land for classroom purposes in the Junior School and sporting and recreational facilities.

2.6.4 Site Selection

The ‘Site Selection’ element of the Community Uses DCP aims to provide site selection criteria that will encourage the location of special use developments on sites with the lowest potential social and environmental impacts.

The site is currently utilised as an educational establishment and is well served by train and bus services. The existing campus is large enough to provide extensive recreation areas and adequate car parking for the entire school population.

Accordingly, the site’s attributes are considered conducive to the proposed development.

2.6.5 Parking and Access

Under the DCP, the proposed development would require 4 car spaces. The application has been supported by a Traffic and Parking Report and the proposal includes 42 spaces and provision for a vehicle drop-off/pick up area located within the site.

Submissions received raise concerns with regards to the traffic impacts on College Crescent and Unwin Road with particular regard to traffic queuing and the implementation of an efficient drop-off/ pick-up system for the Junior School.

The SIDRA analysis contained within the submitted Traffic and Parking Report indicates that a right turn bay is required for access to the drop–off /pick up area to prevent the right turn entry queue extending back into the roundabout. It also demonstrates queuing within the drop-off/pick up would not extend back to College Crescent.

Council’s assessment of the proposal concluded that parking needs were currently met, and that traffic generated by this development would not adversely affect the local road network, subject to the exit from the driveway onto College Crescent to be limited to left out only. Furthermore, the operation of the drop-off/pick up arrangement would be monitored by Council to determine whether queues would extend onto College Crescent. If this occurs, Council would consider the provision of timed parking on the north side of Clarke Road to provide additional drop-off and pick up.

Council’s assessment included a review of the operation of the existing wombat crossing in the PM period when the Junior School finishes. There is significant pick up in Clarke Road and Marillian Street. To minimise the impact of the proposed development and the proposed future Early Learning Centre (subject of a separate development application) to be constructed opposite, which could result in traffic queuing back to College Crescent, a condition has been imposed requiring that the wombat crossing be relocated to the new pedestrian access location on Clarke Road for the Junior School.

Council’s assessment also involved an investigation as to whether the footpath on Clarke Road should be widened. However, it was determined that in the context of this application, footpath widening is not necessary.

2.6.6 Design

The Community Uses DCP does not prescribe a height control for the land zoned Residential A and Special Uses A.

The proposed additions emulate the overall bulk, height and scale of the existing Ward Hall and Junior School buildings, and employ the general design theme of red-brown banded brickwork, white columns and portico elements and symmetrical fenestration with a contemporary design. The proposal is in keeping with the heritage items located on-site and complements existing structures.

2.6.7 Recreation Space

The objective of the ‘Recreation Space’ element in the Community Uses DCP is “To ensure that sufficient space is available for recreational pursuits”. The element requires 20m² of recreation space per student which includes internal sports facilities such as gymnasiums, swimming pools and the like. For a proposed student body of 2090, this equates to 4.2 hectares of space. The main Barker College campus provides in excess of 8 hectares of recreation space and is well in excess of this standard.

2.6.8 Landscaping

The ‘landscaping’ element of the Community Uses DCP requires 45% of the site to be landscaped. The main college campus would achieve the minimum required landscape area. A landscape buffer of at least 10 metres in width surrounds the development, which exceeds the minimum of 2 metres prescribed in this element. The development aims to retain a number of these existing large trees to provide a suitable landscape setting for the building.

2.6.9 Acoustics

Whilst it is recognised that there would be some increase in noise associated with an increase in development on the site, it is considered that the noise increase would not be significant as to warrant refusal of the application in itself. Noise restrictions are set out in the Protection of the Environment Operations Act 1997 and noise generated by the development could be reasonably managed on site.

The proposed additional classrooms and hall are set well back from the boundaries and are located within a long established school. They do not present any significant potential to increase noise arising from operation of the school.

The applicant has advised that the hall may also be used out of school hours for school plays, dinners, parent evenings, parent/teacher nights and the like and that there would be functions run by the school and community groups that would have amplified music being played (including performances by school bands, musicals, singing and the like). To ensure that the use of the multi-purpose hall would not have a detrimental acoustic impact on adjoining residential development, a condition has been imposed requiring the submission of an Acoustic Report prepared by a suitably qualified consultant.

2.6.10 Solar Access

The development is centrally positioned on the site and is set well back from private boundaries. The two-three storey building height ensures that no overshadowing of neighbouring properties would occur.

2.6.11 Crime Prevention

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

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

2.7 Car Parking Development Control Plan

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

The proposed development would increase the student numbers by 100 with an additional 4 full-time staff employed. The car parking rate for schools is 1 car parking space per full time teacher, accordingly, 4 car parking spaces are required. The proposed development includes provision for a further 42 car parking spaces on-site which well exceeds the minimum car parking requirements of the DCP.

2.8 Heritage Development Control Plan

The primary purpose of this DCP is to manage the heritage in Hornsby Shire and to provide guidance and outline specific controls for development relating to heritage items and heritage conservation areas. The proposed alterations and additions to the existing Junior School are consistent with element objective of Council’s Heritage Development Control Plan in promoting a design that complements the character and visual amenity of the heritage significance of the heritage items and heritage conservation area. The application was referred to the Heritage Advisory Committee and it was generally agreed that the proposal is commensurate with the use of the site as an educational establishment and would not have a negative impact on the heritage significance of the Barker College group.

2.9 Access and Mobility Development Control Plan

The objective of this DCP is to ensure that new development is accessible and usable by all people in Hornsby Shire, including those people with disabilities. The applicant submitted an Access Report prepared by ‘Morris-Goding Accessibility Consulting’. The application proposes a continuous path of travel from the existing school campus to the new building. The development also incorporates a lift between floors and disabled toilets.

2.10 Waste Minimisation and Management Development Control Plan

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

Council’s waste assessment of the proposal noted that the swept path analysis shows that for the 10.5m garbage truck to be able to access the site the gate posts would need to be relocated to provide a minimum of 4.5m width between pillars and that a 10.5 m heavy rigid vehicle and medium rigid vehicle would need to drive over the landscaping at the left hand corner of the intersection of the car park and the internal road way.

The applicant has demonstrated that it is not necessary for the Centenary Gates to be widened as the existing waste collection vehicles are currently able to enter and exit through these gates. As no changes are proposed to the current method of waste collection and the waste generated by the operation of the proposed development would be collected on-site by a commercial waste contractor as per the current procedure, the widening of the Centenary Gates is not considered necessary at this time.

Conditions are recommended for implementation of the Waste Management Plan, for the construction of the development to be carried out in accordance with Council’s waste minimisation and management guidelines and for the internal layout of the driveway to be redesigned so that waste vehicles do not encroach on landscaped areas.

2.11 Sustainable Water Development Control Plan

The objective of this DCP is to ensure the sustainability of water as a renewable resource and adopt the principles of Ecologically Sustainable Development to achieve this goal. The development site is not located in close proximity to an existing creek. Recommended conditions of consent address erosion and sediment control and stormwater management.

3. ENVIRONMENTAL IMPACTS

3.1 Natural Environment

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

The proposed development would necessitate the removal of 30 trees from the site. The application has been supported by an Arborist Report and Council’s assessment of the proposal concluded that no trees which would be removed or adversely affected are considered to be significant. Furthermore, the proposed landscaping works would ensure that local tree canopy cover is maintained after the completion of the works.

3.2 Built Environment

The development would not have an adverse visual impact as the buildings are not in a visually sensitive location and the view from land used for residential purposes would be moderated by distance. The development would be of equivalent height to the existing buildings on the campus and adjacent, and the buildings are otherwise substantially separated from public places.

3.3 Social Impacts

The development would make a positive social contribution to the local community by providing a modern educational establishment with improved facilities to service the needs of the school community.

3.4 Economic Impacts

The proposed development would not have a negative economic impact on the locality

4. SITE SUITABILITY

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

The site is currently used as an educational establishment and the attributes of the site are conducive to 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 12 February 2009 and 5 March 2009 in accordance with Council’s Notification and Exhibition Development Control Plan. During this period, Council received three submissions. The map below illustrates the location of those nearby landowners who made a submission that are in close proximity to the development site.

NOTIFICATION PLAN
• PROPERTIES NOTIFIED	X SUBMISSIONS RECEIVED	PROPERTY SUBJECT OF DEVELOPMENT
TWO SUBMISSIONS RECEIVED OUT OF MAP RANGE

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

· Unacceptable traffic on local streets;

· Parking impacts;

· Privacy impacts;

· Littering.

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 Privacy Impacts

The submission raised concerns that the privacy of adjoining residential properties would be impacted upon by the loitering of parents and students for long periods of time. This matter is addressed by the provision of an on-site drop-off and pick-up area and would negate the need for parents to park in the surrounding streets to drop-off/pick-up their children.

5.1.2 Littering

The submission raised concerns that the proposed development would lead to an increase in littering by students and parents within the surrounding streets. Whilst the development includes the provision of an increase in student numbers within the Junior School by 100, the proposal includes provision of adequate waste areas and management and the potential for littering by students could be managed by the School and would not be significant as to warrant refusal of the application in itself.

5.2 Public Agencies

As stated previously in the report, the application was referred to the RTA pursuant to Clause 104 of the Infrastructure SEPP. The application was considered by the Sydney Regional Development Advisory Committee (SRDAC) and no objections were raised to the proposed 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 school additions would be in the public interest.

CONCLUSION

The application proposes alterations and additions to the existing Junior School and construction of a multi-purpose hall at Barker College.

The proposal is consistent with the relevant aims and objectives contained within the relevant State and Regional Environmental Planning Policies, the Hornsby Shire Local Environmental Plan 1994, and the Development Control Plans which are applicable to the site.

The development is unlikely to result in any significant impacts upon the natural or built environments, or have any negative social or economic impacts. The development provides improved educational facilities for the school community. Given this, and the recommended conditions, it is recommended that the application be approved.

Rod Pickles

Manager - Assessment Team 2

Planning Division

Scott Phillips

Executive Manager

Planning Division

1.View	Locality Plan
2.View	Staging Plan
3.View	Floor Plans
4.View	Elevations and Sections

File Reference: DA/81/2009

Document Number: D01143739

SCHEDULE 1

GENERAL CONDITIONS

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.

1. Approved Plans and Supporting Documentation

Architectural Plans prepared by PMDL Architecture + Design Pty Ltd

*Plan No.*	*Title*	*Rev*	*Dated*
DA J102	Level 1 Plan	E	17 April 2009
DA J103	Level 2 Plan	D	4 December 2008
DA J104	Level 3 Plan	C	26 November 2008
DA J105	Roof Plan	A	9 January 2009
DA J106	Separable Stages	A	9 January 2009
DA J107	Site Survey	A	5 December 2008
DA J201	Elevations & Sections	A	28 January 2009

Landscape Plans prepared by DEM (Aust) Pty Ltd

*Plan No.*	*Title*	*Rev*	*Dated*
la JS 0501	Landscape Plan	a04	6 January 2009
la JS 2201	Landscape Sections	a03	6 January 2009
la JS 8901	Landscape Details	a03	6 January 2009
SKJS0001	Landscape Precedents & Material Images	a01	19 December 2008

Civil Engineering Plans prepared by Hughes Trueman

*Plan No.*	*Title*	*Rev*	*Dated*
07P847-02-DAC110	Siteworks Plan	C	9 January 2009
07P847-02-DAC120	Typical Sections	C	9 January 2009
07P847-02-DAC130	Details	C	9 January 2009
07P847-02-DAC140	Erosion & Sediment Control Plan	B	9 January 2009

Supporting Documentation

*Document Title*	*Prepared by*	*Dated*
Statement of Environmental Effects	Mark Shanahan Planning Pty Ltd	12 January 2009
Traffic Report	Masson Wilson Twiney	21 January 2009
Heritage Impact Statement Project No. SYH-000334	HBO+EMTB Heritage Pty Ltd	21 November 2008
Civil Engineering Report	Hughes Trueman Pty Ltd	28 November 2008
Landscape Report Project No. 3999-01	DEM (Aust) Pty Ltd	6 January 2009
Tree Report	Treescan	January 2009
Accessibility Report	Morris-Goding Accessibility Consulting	11 December 2009
Waste Management Plan	Warren Marsh	4 December 2008

2. Removal of Existing Trees

This development consent only permits the removal of trees numbered 1-5 and 23-47 as identified on Tree Location Plan – Junior School Site contained in the Tree Report prepared by Treescan dated January 2009. The removal of any other trees requires separate approval under Council’s Tree Preservation Order.

REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

3. Building Code of Australia

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

4. Fire Safety Upgrade

To ensure the protection of persons using the existing building and to facilitate egress from this building in the event of a fire, details must be submitted with the application for a construction certificate, detailing what works are necessary (if any) to bring it into full compliance with Parts C, D and E of the Building Code of Australia.

5. Sydney Water – Quick Check

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

6. Waste Bin Storage Areas

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

7. Waste Vehicle Access

The internal layout of the driveway must be designed so that waste vehicles do not encroach on landscaped areas.

8. Right Turn Lane

Design details of the design for the right turn bay in College Crescent must be approved by Council.

9. Wombat Crossing

The existing wombat crossing in Clarke Road must be removed and a new wombat crossing constructed to align with the new pedestrian access to the Junior School. The wombat crossing is to be designed in accordance with relevant RTA guidelines, technical directions and Australian Standards 1742.3-2002 - Manual of uniform traffic control devices - Traffic control devices for works on roads and be approved by Council.

10. Acoustic Report

The applicant must submit an Acoustic Report, prepared by a suitably qualified acoustic consultant, for Council’s approval. The report must detail the current background noise level, predicted noise levels to be emitted from the proposed development (including all uses such as ball games with the use of whistles, amplified music, parties, PA systems etc), the proposed uses (e.g. types of games, plays, social events, public meetings etc) and any proposed noise attenuation measures to be implemented so that background levels are not exceeded by 5dB(A) when measured at the closest premises. The EPA’s NSW Industrial Noise Policy (2000), Hornsby Shire Council Policy and Guidelines for Noise and Vibration Generating Development (Acoustic Guidelines V.5, 2000) and the DEC’s Noise Guide for Local Government (2004) must be used to prepare the Acoustic Report.

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

11. Erection of Construction Sign

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 demolition or building work and a telephone number on which that person may be contacted outside working hours.

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.

12. Erosion and Sediment Control

Note: On the spot penalties up to $1,500 may be issued for any on-compliance with this requirement without any further notification or warning.

13. Tree Protection Barriers

Tree protection fencing must be erected around trees numbered 6-22 to be retained at a 3 metre setback. The tree fencing must be constructed of 1.8 metre ‘cyclone chainmesh fence’ or star pickets spaced at 2 metre intervals, connected by a continuous high-visibility barrier/hazard mesh at a height of 1 metre.

REQUIREMENTS DURING CONSTRUCTION

14. Construction Work Hours

All work on site (including demolition and earth works) must only occur between the following hours:

Monday to Saturday 7 am to 5 pm

Sunday & Public Holidays No work

15. Demolition

All demolition work must be carried out in accordance with Australian Standard 2601-2001 – The Demolition of Structures and the following requirements:

a. Demolition material is to be disposed of to an authorised recycling and/or waste disposal site and/or in accordance with an approved waste management plan.

b. Demolition works, where asbestos material is being removed, must be undertaken by a contractor that holds an appropriate licence issued by WorkCover NSW in accordance with Chapter 10 of the Occupational Health and Safety Regulation 2001 and Clause 29 of the Protection of the Environment Operations (Waste) Regulation 1996.

c. 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 must be erected in a prominent position visible from the street.

16. Environmental Management

17. Works near Trees

All required tree protection measures must be maintained in good condition for the duration of the construction period.

All works (including driveways and retaining walls) within 3 metres of any trees required to be retained (whether or not on the subject property, and pursuant to this consent or the Tree Preservation Order), must be carried out under the supervision of an ‘AQF Level 5 Arborist’ and a certificate submitted to the principal certifying authority detailing the method(s) used to preserve the tree(s).

Note: Except as provided above, the applicant is to ensure that no excavation, filling or stockpiling of building materials, parking of vehicles or plant, disposal of cement slurry, waste water or other contaminants is to occur within 4 metres of any tree to be retained.

18. Council Property

19. Landfill

Landfill must be constructed in accordance with Council’s ‘Construction Specification, 2005’ and the following requirements:

a. All fill material imported to the site is to wholly consist of Virgin Excavated Natural Material (VENM) as defined in Schedule 1 of the Protection of the Environment Operations Act 1997 or a material approved under the Department of Environment and Climate Change’s general resource recovery exemption.

20. Excavated Material

21. Survey Report – Finished Floor Level

A report must be prepared by a registered surveyor and submitted to the principal certifying authority prior to the pouring of concrete at each level of the building certifying that:

a. The building, retaining walls and the like have been correctly positioned on the site.

b. The finished floor levels are in accordance with the approved plans.

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’ shall also be taken to mean ‘interim occupation certificate’ unless otherwise stated.

22. Stormwater Drainage

a. Connected to the existing drainage system located within the school oval via the onsite detention tank.

23. On Site Stormwater Detention

An on-site stormwater detention system must be designed by a chartered civil engineer and constructed in accordance with the following requirements:

a. Have a capacity of not less than 86 cubic metres, and a maximum discharge (when full) that is equal to the pre development 1 in 5 year ARI storm event.

b. Have a surcharge/inspection grate located directly above the outlet.

c. Discharge from the detention system to be controlled via 1 metre length of pipe, not less than 50 millimetres diameter or via a stainless plate with sharply drilled orifice bolted over the face of the outlet discharging into a larger diameter pipe capable of carrying the design flow to an approved Council system.

d. Where above ground and the average depth is greater than 0.3 metres, a ‘pool type’ safety fence and warning signs to be installed.

24. Internal Driveway/Vehicular Areas

The driveway and parking areas on site must be designed in accordance with Australian Standards 2890.1, 2890.2, 3727 and the following requirements:

a. The driveway be a rigid pavement.

b. The driveway grade not exceed 25 percent and changes in grade not exceed 8 percent.

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

25. Vehicular Crossing

A separate application under the Local Government Act 1993 and the Roads Act 1993 must be submitted to Council for the installation of a new vehicular crossing and the removal of the redundant crossing. The vehicular crossing must be constructed in accordance with Council’s Civil Works Design 2005 and the following requirements:

a. Any redundant crossings to be replaced with integral kerb and gutter.

Note: An application for a vehicular crossing can only be made to one of Council’s Authorised Vehicular Crossing Contractors. You are advised to contact Council on 02 9847 6940 to obtain a list of contractors.

26. Traffic Control Plan

a. Arrangements for public notification of the works.

b. Temporary construction signage.

c. Permanent post-construction signage.

d. Vehicle movement plans.

e. Construction Traffic management plans.

f. Pedestrian and cyclist access/safety.

27. Damage to Council Assets

Any damage caused to Council’s assets as a result of the construction of the development must be rectified in accordance with Council’s written requirements and at the sole cost of the applicant.

28. Creation of Easements

The following matters must be nominated on the plan of subdivision under s88B of the Conveyancing Act 1919:

a. The creation of an appropriate "Positive Covenant" and "Restriction as to User" over the constructed on-site detention/retention systems and outlet works, within the lots in favour of Council in accordance with Council’s prescribed wording. The position of the on-site detention system is to be clearly indicated on the title.

b. To register the OSD easement, the restriction on the use of land “works-as-executed” details of the on-site-detention system must be submitted verifying that the required storage and discharge rates have been constructed in accordance with the design requirements. The details must show the invert levels of the on site system together with pipe sizes and grades. Any variations to the approved plans must be shown in red on the “works-as-executed” plan and supported by calculations.

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

29. Completion of Landscaping

Note: Advice on suitable species for landscaping can be obtained from Council’s planting guide ‘Indigenous Plants for the Bushland Shire’, available at www.hornsby.nsw.gov.au.

30. Works as Executed Plan

A works-as-executed plans must be prepared by a registered surveyor and submitted to Council for completed road pavement, kerb & gutter, public drainage systems, driveways and on site detention system.

31. Consolidation of Allotments

All allotments the subject of this consent must be consolidated into one allotment.

Note: The applicant is recommended to submit the plan of subdivision to consolidate allotments to the NSW Department of Lands at least 4-6 weeks prior to seeking an occupation certificate.

32. Right Turn Bay

The applicant must construct a right turn bay in College Crescent for the Multi-purpose Hall and car parking area. All works associated with the construction of the entry arrangement must be carried out in accordance with a design approved by Council and at no cost to Council.

33. Wombat Crossing

The wombat crossing must be constructed in accordance with the approved drawings. All works associated with the construction of the wombat crossing must be carried out at no cost to Council.

OPERATIONAL CONDITIONS

34. Car Parking and Deliveries

a. All parking areas and driveways are to be sealed to an all weather standard, line marked and signposted.

b. Car parking, loading and manoeuvring areas to be used solely for nominated purposes.

c. Vehicles awaiting loading, unloading or servicing shall be parked on site and not on adjacent or nearby public roads;

d. All vehicular entry on to the site and egress from the site shall be made in a forward direction.

e. The College is to monitor the operation of the drop-off/pick up arrangement to prevent drop-off/pick up occurring in the visitor parking spaces.

f. The exit from the driveway onto College Crescent is to be limited to left out only.

g. The waste collection vehicle is not to enter the site during peak school periods, 8:00am - 9:30am and 2:30pm - 4:00pm

35. Noise

An Acoustic Assessment is to be undertaken by a suitably qualified environmental consultant within 60 days of occupying the site (or at the first available opportunity for the proposed uses that fall within the first six months). The Acoustic Assessment is to be undertaken in accordance with the Environment NSW Industrial Noise Policy (2000), Council’s Policy and Guidelines for Noise and Vibration Generating Development (Acoustic Guidelines V.5, 2000) and the DECC’s Noise Guide for Local Government (2004). Should the assessment find that noise from the premise exceeds 5dB(A), all operation associated with the proposed development must cease until appropriate measures are employed to rectify excessive noise so that noise levels emitted do not exceed background levels by more than 5dB(A).

36. Fire Safety Statement - Annual

37. Maintenance of Wastewater Device

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.

38. Use of Multi-Purpose Hall

All activities undertaken in association with the multi purpose hall are to cease by 12 midnight.

39. Licensed Waste Contractor

Written evidence must be kept on site of a valid contract with a licensed waste contractor for the regular collection and disposal of all the waste and recyclables that are generated on site.

CONDITIONS OF CONCURRENCE – ROADS AND TRAFFIC AUTHORITY

40. Construction Management Plan

A Construction Management Plan is to be submitted covering traffic impact and safety on the Pacific Highway and College Crescent for Council’s review and approval.

41. Demolition/ Construction Vehicles

Suitable provision must be made on-site to accommodate all demolition/ construction vehicles.

42. Cost of Works

All works associated with the proposed development shall be at no cost to the RTA.

- END OF CONDITIONS -

ADVISORY NOTES

Environmental Planning and Assessment Act 1979 Requirements

· The Environmental Planning and Assessment Act 1979 requires:

· 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 Services Branch on 9847 6760.

· A principal certifying authority to be nominated and Council notified of that appointment prior to the commencement of any works.

· Council to be given at least two days written notice prior to the commencement of any works.

· Mandatory inspections of nominated stages of the construction inspected.

· An occupation certificate issued before occupying any building or commencing the use of the land.

Long Service Levy

Note: The rate of the Long Service Levy is 0.35% of the total cost of the work.

Note: Hornsby Council requires the payment of the Long Service Levy prior to the issue of a construction certificate.

Tree Preservation Order

To ensure the maintenance and protection of the existing natural environment, it is an offence to ringbark, cut down, top, lop, remove, wilfully injure or destroy a tree outside three metres

of the approved building envelope without prior written consent from Council. Fines may be imposed for non-compliance with Council’s Tree Preservation Order.

All distances are determined British Standard BS 5837: 2005, “Trees in Relation to Construction – Recommendations”.

Disability Discrimination Act

The applicant’s attention is drawn to the existence of the Disability Discrimination Act. A construction certificate is required to be obtained for the proposed building/s, which will provide consideration under the Building Code of Australia, however, the development may not comply with the requirements of the Disability Discrimination Act. This is the sole responsibility of the applicant.

Dial Before You Dig

Asbestos Warning

Alternatively, telephone the Work Cover Asbestos and Demolition Team on 8260 5885.

Planning Report No. PLN36/09

Date of Meeting: 3/06/2009

8 DEVELOPMENT APPLICATION - SECTION 96(2) - SUBDIVISION OF ONE LOT INTO TWO
8 CHORLEY AVENUE CHELTENHAM

Development Application No:	DA/1202/2008/A
Description of Proposal:	Section 96(2) - Modification of conditions Nos. 13 and 16, to delete the requirement for a shared driveway access and delete the requirement for a future dwelling to be designed by a heritage architect.
Property Description:	Lot 144 DP 12364 (No. 8) Chorley Avenue, Cheltenham
Applicant:	P S Graham & Associates
Owner:	Mrs B L McDonald and Mr R G Rae
Statutory Provisions:	Hornsby Shire Local Environmental Plan 1994 Residential AS (Low Density – Sensitive Lands)
Estimated Value:	N/A
Ward:	C

RECOMMENDATION

THAT Council approve the modification to Development Application No. 1202/2008/A for subdivision of one lot into two by deleting condition No. 16(d) at lot 144 DP 12364 (No. 8) Chorley Avenue Cheltenham as, detailed in Schedule 1 of this report.

EXECUTIVE SUMMARY

1. The application proposes modification of the consent in respect to conditions Nos. 13(e), 16(c) and 16(d) to delete the requirement for shared driveway access and the requirement for a future dwelling to be designed by a heritage architect.

2. The proposal does not comply with the Heritage Development Control Plan and the Residential Subdivision Development Control Plan, in respect to the duplication of the driveways in the streetscape. Deletion of condition No. 16(d) concerning the requirements for a future dwelling to be designed by a heritage architect is acceptable.

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

4. It is recommended that the application be modified by deleting condition No. 16(d). Deletion of condition No. 13(e) and 16(c) is not recommended.

HISTORY OF THE APPLICATION

On 4 February 2009 Council approved Development Application No. 1202/2008 for the demolition of existing dwelling and subdivision of one lot into two.

THE SITE

The site has an area of 1407m² and frontage to the northern side of Chorley Avenue. The site is irregular in shape and is of dimensions; frontage 20.115m, western side boundary 60.96m, eastern side boundary 81.08m and rear boundary 30.81m. The site has a fall of 10% to the western side boundary.

The site includes an existing single storey brick dwelling house with a tiled roof which was constructed in 1937. The house has a lower floor single garage located on the western side of the house. The adjoining properties include dwelling houses of similar age and construction. The site is located within the Beecroft Cheltenham Heritage Conservation Area.

The site includes several trees including two large trees located on each side boundary.

The site is located 350m north east of Cheltenham Railway Station.

THE PROPOSAL

The proposal is for the demolition of the existing dwelling house and subdivision of one allotment into two lots. The original proposal for the alteration of the existing dwelling and the construction of an accessway along the western side boundary was amended following concerns raised by Council regarding inadequate accessway width and adverse impacts on existing trees.

Proposed lot 1 has an area of 622.9m² and is of dimensions; frontage 16.055m, western side boundary 4.905m, eastern side boundary 36.15m and rear boundary 13.81m. Proposed lot 1 has direct road frontage along its entire front boundary.

Proposed lot 2 is a battleaxe lot with an area of 784.1m² (641m² excluding handle). The handle (4.06m x 36.1m) is along the eastern boundary of the site. The lot dimensions are; common boundary 13.81m, western side boundary 20.055m, eastern side boundary 81.08m and rear boundary 30.81m.

PROPOSED MODIFICATION OF DEVELOPMENT CONSENT

The proposal seeks to modify the development consent by way of deleting conditions requiring the shared use of the approved accessway along the eastern side boundary. The conditions in this regard are as follows:

Condition 13(e)

(e) The existing driveway and vehicle crossing is to be removed and the nature strip restored by turfing.

Condition 16(c) and (d)

(c) To avoid duplication of driveways in the streetscape, appropriate Rights of Access and Easement for Services benefiting lot 1 are to be created over the handle of lot 2, under Section 88B of the Conveyancing Act 1919 and indicated on the final plan of subdivision.

(d) A positive covenant created over Lot 1 requiring that any future dwelling to be designed by a qualified heritage architect in accordance with the Heritage Development Control Plan and Precinct Character Statement, in a manner that maintains the character of the area, with vehicular access from the adjoining access handle.

The application includes the following statements:

The condition to share the access for both lots is unsound and unreasonable for the following reasons:

· The access to Lot 1 would require a left turn off the driveway and a minimum width in front of the garage door of 6.0m to allow turning. This would reduce the potential efficiency of the design for the ground floor and would increase the ground floor footprint.

· It would result in a reduced outdoor yard area. With a 1m wide landscaping strip to the boundary, the face of the garage door would be a minimum of 7m away from the boundary and would require 66% of the width of the block for parking.

· The side access garage will require a building design that is not typical and would result in a design that does not address the street or restricts living areas access to the rear yard.

· The access and manoeuvring area to Lot 1 is likely to generate additional noise and glare at night to the residents in No. 6 Chorley Avenue.

· The shared driveway would increase the risk of congestion and collision and is less safe than separate driveways.

· The shared driveway requires joint insurance, shared maintenance, and relies on the neighbours to be amenable for its effective operation.

The requirement for the design to be undertaken by a qualified heritage architect is restrictive, discriminatory and unnecessary for the following reasons:

· The limitation on the use of architect would unnecessarily limit the opportunity of optimum design for both lots.

· While the site is in the Beecroft Heritage Conservation Area, and there are two heritage items in the vicinity, neither requires the conservation and restoration skills of a heritage architect to produce a design for both lots.

· The condition restricts the legitimate practice of qualified professionals to undertake work and is likely to be legally unenforceable.

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 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 modification would not result in any inconsistency with the draft Strategy.

2. STATUTORY CONTROLS

2.1 Environmental Planning & Assessment Act, 1979 - Section 96

The application is lodged pursuant to Section 96(2) of the Act which allows the modification of a consent, where the proposal has been notified in accordance with regulatory requirements, is substantially the same development as approved and Council considers the application with regard to Section 79C of the Act and any submissions.

The proposed modification is substantially the same development as approved.

The application was notified pursuant to Council’s Notification & Exhibition DCP. There were four submissions in response to the public exhibition of the proposal.

2.2 Hornsby Shire Local Environmental Plan 1994

The subject land is zoned Residential AS (Low Density – Sensitive Lands) 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 and sensitive to the land capability and established character of this environment.

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

The proposed development is defined as ‘subdivision’ and ‘demolition’ under the HSLEP and is permissible in the zone with Council’s consent.

Clause 14 of the HSLEP prescribes that the minimum lot area for subdivision within the zone zone is 600m². The proposed modification does not alter the approved lots areas of 622.9m² (Lot 1) and 641m² (Lot 2).

Clause 18 of the HSLEP sets out heritage conservation provisions within the Hornsby LGA. The proposed modification involves development within the Beecroft-Cheltenham Heritage Conservation Area.

2.3 Heritage Development Control Plan

The proposed modification to the approved development has been assessed having regard to the Statement of Significance for the Beecroft/Cheltenham Heritage Conservation Area and the Precinct Character Statement – The Cheltenham Road/Norma Crescent Precinct – Area C1.

The DCP requires that development within the precinct to be consistent with the Precinct Character Statement.

The application for modification involves the deletion and amendment of conditions which require the provision of a shared accessway servicing the two allotments, and the design of any future dwelling-house on Lot 1 to be undertaken by a qualified heritage architect. The conditions have been placed upon the development consent to ensure that “any future development on the front allotment (Lot 1) be designed and constructed in such a manner that addresses Council’s objective to maintain the character of the Heritage Conservation Area, in accordance with Council’s resolution of 4 February 2009.

The Siting element of the Heritage DCP encourages detached garages located to the rear of a property. Similarly, the controls for Heritage Conservation Areas discourage prominent double garages located at the building line as these dominate the streetscape. The siting of garages at the rear is also an identified characteristic of Chorley Avenue, as articulated within the Precinct Character Statement of the Heritage DCP. A significant proportion of the existing dwelling-houses in the portion of Chorley Avenue between Cheltenham Road and Norma Crescent feature detached garages at the rear of properties, including Nos. 2, 2A, 3, 4, 5 and 7-9 Chorley Avenue. Accordingly, the requirement for a shared accessway reinforces the objectives of the Heritage DCP in achieving a garage at the rear of Lot 1, which would be more in keeping with the surrounding streetscape.

The Precinct Character Statement also notes that driveways in Chorley Avenue generally comprise unobtrusive materials and the street is notable for its informal swale edges. The Heritage Conservation Areas element of the Heritage DCP states that lot design should not result in an increase in the number of kerb crossings, and instead, should facilitate shared access arrangements. Additional accessways would affect the pattern of development within

this portion of Chorley Avenue and have an adverse impact upon its character. Therefore, limiting the number of accessways through a shared access is supported on heritage grounds.

The applicant’s letter asserts that the condition requiring a shared accessway is unreasonable in view of the requirements for a vehicle turning area, with a consequential reduction in open space and more restrictive dwelling design. However, the provision of vehicle parking which is approached perpendicular to the accessway with a turning area, would be no more restrictive upon the development of Lot 1 than the similar parking arrangement provided within Lot 2 under the approved indicative building envelope.

The retention of the conditions requiring a shared accessway act to encourage the provision of a garage, potentially detached, within the rear of Lot 1. The alternative siting of a garage need not compromise the scale, design or provision of private open space, should the design of the future dwelling-house be approached innovatively and with attention to the character of the surrounding Conservation Area.

The proposed modification to delete the conditions requiring shared use of the accessway, is inconsistent with the Precinct Character Statement and would not comply with the Heritage DCP.

At its meeting on 1 December 2008, the Heritage Advisory Committee commented that the pattern of development within this portion of the Conservation Area is significantly intact. As such, attention should be given to the design of development upon the site to maintain the integrity of the historical subdivision pattern and streetscape. It is reasonable to expect that any suitably qualified professional (draftsperson, architect or the like) would be capable of designing an appropriate dwelling-house on Lot 1 having regard to the controls within the Heritage Development Control Plan. Accordingly, the proposed deletion of the condition which requires the preparation of plans by a qualified heritage architect is considered reasonable. However, it is recommended that the infill development within a sensitive area be prepared by a suitably qualified professional with experience in heritage matters.

The condition requiring plans to be prepared by a heritage architect, is a matter subject to further consideration by Council in the assessment of a future development application for a dwelling house on lot 1, in accordance with the Heritage DCP. The condition is addressed by the current development controls and requirements for preparation of a development application. Any future dwelling within the heritage conservation area is subject to assessment and determination by Council. It is generally held by the Land and Environment Court that conditions regarding matters subject to further approval in accordance with a development control plan should not be attached to a consent.

2.4 Residential Subdivision Development Control Plan

The DCP includes the following element objectives for accessway design and allotment design, respectively as follows:

To ensure vehicular access to all lots within the subdivision is simple, safe, direct and creates a pleasant environment.

To provide useable allotments which provide pleasant streetscapes, maximise energy efficiency and mitigate environmental impacts.

Council has consistently required the shared use of access handles for battleaxe subdivisions, to avoid the negative impact of driveway duplication in the streetscape, to minimise the

extent of paved areas with impacts from runoff and to encourage dwellings designed with less intrusive garaging to minimise impacts on the streetscape. Recent examples include:

· No. 125 Copeland Road, Beecroft (DA/1992/2006)

· No. 43 Surrey Street, Epping (DA/1684/2005)

· No. 54 Day Road, Cheltenham (DA/929/2008)

It is considered that the proposed modification to delete the conditions requiring the shared use of the accessway would set an undesirable precedent and is therefore not supported.

3. ENVIRONMENTAL IMPACTS

3.1 Natural Environment

The proposed modification would not adversely impact on the natural environmental other than the loss of landscaped area as a consequence of the additional driveway.

3.2 Built Environment

The proposed modification would result in a built form unsympathetic with the existing heritage streetscape. (Refer to comments in Sections 2.3 and 2.4).

3.3 Social Impacts

The proposed modification would not result in any social impact.

3.4 Economic Impacts

The proposed modification would not result in an economic impact.

4. SITE SUITABILITY

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

The site is approved for subdivision into two lots.

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 22 April and 6 May 2009 in accordance with Council’s Notification and Exhibition Development Control Plan. During this period, Council received

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

NOTIFICATION PLAN
• PROPERTIES NOTIFIED	X SUBMISSIONS RECEIVED	PROPERTY SUBJECT OF DEVELOPMENT
ONE SUBMISSIONS RECEIVED OUT OF MAP RANGE

Three submissions objected to the deletion of the conditions, generally on the following grounds:

· Two driveways on a narrow frontage would be out of character with the streetscape;

· No details are provided of the future dwelling design;

· A heritage architect should be involved in the future dwelling design;

· The proposal contravenes the Heritage DCP and Council’s landscaping requirements;

· Two driveways would result in a reduction in the available on-street car parking.

One submission made the following observations:

· The footpath should be constructed in addition to the provision of kerb and gutter;

· The site’s aspect favours a lower floor level garage located on the lower western side of the front lot.

The merits of the matters raised in the community submissions have been addressed in the body of this report with the exception of the concerns regarding footpath and kerb and gutter construction. These matters are subject to Council’s works program or are outside the scope of this application.

6. THE PUBLIC INTEREST

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

The proposed modification concerning shared use of the approved accessway is not in the public interest as the resulting duplication of driveways would be in inconsistent with the requirements of the Heritage DCP and would set an undesirable precedent for similar inappropriate development.

CONCLUSION

Consent is sought to modify conditions Nos. 13 and 16 to delete the requirement for a shared driveway access and delete the requirement for a future dwelling to be designed by a heritage architect.

The application has been assessed in accordance with the provisions under Section 96 of the Environmental Planning and Assessment Act, 1979.

The proposed deletion of condition Nos. 13(e) and 16(c) requiring the shared use of the approved accessway, does not comply with the requirements of the Heritage DCP in respect to the Precinct Character Statement, and the Residential Subdivision DCP in respect to accessway design and allotment design. Deletion of these conditions is not supported.

The proposed deletion of condition No. 16(d) is considered acceptable in respect to the current planning provisions which require a future dwelling house to be designed with regard to the significance of the Beecroft Cheltenham Heritage Conservation Area.

Deletion of condition No. 16(d) is recommended.

Scott Phillips

Executive Manager

Planning Division

Rod Pickles

Manager - Assessment Team 2

Planning Division

Paul David

Manager - Subdivision & Development Engineering Services

Planning Division

1.View

Subdivision Plan

File Reference: DA/1202/2008/A

Document Number: D01144367

SCHEDULE 1

GENERAL CONDITIONS

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.

1. Approved Plans and Supporting Documentation

*Document No.*	*Prepared by*	*Dated*
S.14547A.	P.S. Graham & Associates	28/10/08

2. Retention of Existing Trees

This development consent only permits the removal of tree numbered 8 as identified on Plan No. S.14547A prepared by P.S. Graham & Associates dated 28/10/2008. The removal of any other trees requires separate approval under Council’s Tree Preservation Order.

3. Amendment of Plans

The stormwater drainage easement must be repositioned to be not less than 6 metres from Tree No. 30 as identified on Plan No. S.14547A.

REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

4. Water/Electricity Utility Services

The applicant must submit written evidence of the following service provider requirements:

a. Energy Australia – a letter of consent demonstrating that satisfactory arrangements have been made to service the proposed development.

b. Sydney Water – the submission of a ‘Notice of Requirements’ under s73 of the Sydney Water Act 1994.

Note: Sydney Water requires that s73 applications are to be made through an authorised Sydney Water Servicing Coordinator. Refer to www.sydneywater.com.au or telephone 13 20 92 for assistance.

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

5. Erection of Construction Sign

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 demolition or building work and a telephone number on which that person may be contacted outside working hours.

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.

6. Toilet Facilities

a. be a standard flushing toilet connected to a public sewer; or

b. have an on-site effluent disposal system approved under the Local Government Act 1993; or

c. be a temporary chemical closet approved under the Local Government Act 1993.

REQUIREMENTS DURING CONSTRUCTION

7. Construction Work Hours

All work on site (including demolition and earth works) must only occur between the following hours:

Monday to Saturday 7 am to 5 pm

Sunday & Public Holidays No work

8. Demolition

All demolition work must be carried out in accordance with Australian Standard 2601-2001 – The Demolition of Structures and the following requirements:

a. Demolition material is to be disposed of in accordance with the approved waste management plan. Receipts from an authorised recycling and/or waste disposal site must be submitted to the principal certifying authority within 14 days of the completion of demolition works.

d. Should the presence of asbestos or soil contamination, not recognised during the application process be identified during demolition, the applicant must immediately notify the principal certifying authority and Council.

9. Works near Trees

A 1.8 metre high chain wire fencing (or similar) must be installed 4 metres from significant trees numbered 24 and 30 identified on the approved plans.

All works (including driveways and retaining walls) within 3 metres of any trees required to be retained (whether or not on the land the subject of this consent), must be carried out under the supervision of an ‘AQF Level 5 Arborist’ or equivalent and a certificate submitted to the principal certifying authority detailing the method(s) used to preserve the tree(s).

Note: Except as provided above, the applicant is to ensure that no excavation, filling or stockpiling of building materials is to occur within 4 metres of any tree to be retained.

10. Council Property

Note: This consent does not give right of access to the site via Council’s park or reserve. Should such access be required, separate written approval is to be obtained from Council.

REQUIREMENTS PRIOR TO THE ISSUE OF A SUBDIVISION CERTIFICATE

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

11. Sydney Water – s73 Certificate

A s73 Certificate must be obtained from Sydney Water.

12. Road Works

All road works approved under this consent must be constructed in accordance with Council’s Civil Works Design and Construction Specification, 2005 and the following requirements:

a. A kerb and gutter and pavement in line with the adjoining subdivision, together with footpath formation, necessary drainage and sealing of road pavement between the existing pavement and lip of the gutter.

b. The existing road pavement to be saw cut a minimum of 300 mm from the existing edge of the bitumen and reconstructed.

13. Internal Driveway/Vehicular Areas

The driveway and parking areas on site must be designed in accordance with Australian Standards 2890.1, 2890.2, 3727 and the following requirements:

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

b. The driveway be a rigid pavement.

c. The driveway grade not exceed 25 percent and changes in grade not exceed 8 percent.

d. The driveway pavement be a minimum 3 metres wide, 0.15 metres thick reinforced concrete with F72 steel reinforcing fabric and a 0.15 metre sub-base.

e. The existing driveway and vehicle crossing is to be removed and the nature strip restored by turfing.

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

g. Retaining walls required to support the carriageway and the compaction of all fill batters to be in accordance with the requirements of a chartered structural engineer.

h. The provision of safety rails where there is a level difference more than 0.3 metres and a 1:4 batter can not be achieved.

i. Planting of landscaping strips 0.5 metres wide along both sides of the length of the driveway.

j. The driveway for proposed Lot 2 shall be constructed with a turning area to enable vehicles to exit the site in a forward direction in accordance with the 85% Car Turning Temple of AS2989.1.

14. Vehicular Crossing

a. Any redundant crossings to be replaced with integral kerb and gutter.

b. The footway area to be restored by turfing.

c. The road shoulder adjacent to the crossing to be constructed with a minimum pavement thickness 150mm DGB 20 and sealed with 25mm AC10.

d. Approval obtained from all relevant utility providers that all necessary conduits be provided and protected under the crossing.

15. Damage to Council Assets

Any damage caused to Council’s assets as a result of the construction of the development must be rectified in accordance with Council’s written requirements and at the sole cost of the applicant.

16. Creation of Easements

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

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

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

c. To avoid duplication of driveways in the streetscape, appropriate Rights of Access and Easement for Services benefiting lot 1 are to be created over the handle of lot 2, under Section 88B of the Conveyancing Act 1919 and indicated on the final plan of subdivision.

d. Deleted

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

17. Boundary Fencing

To minimise the noise impact on the adjoining property of the operation of the accessway, a lapped and capped 1.8m high timber fence must be erected along the southern boundary of the site behind the front boundary alignment.

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

18. Works as Executed Plan

A works-as-executed plan(s) must be prepared by a registered surveyor and submitted to Council for completed road pavement, kerb & gutter, public drainage systems, driveways and on-site detention system. The plan(s) must be accompanied by a certificate from a registered surveyor certifying that all pipelines and associated structures lie wholly within any relevant easements.

19. S94 Infrastructure Contributions

The payment to Council of a contribution of $19,167.45 for one (1) additional lot towards the cost of infrastructure identified in Council’s Development Contributions Plan 2007-2011.

Note: * The value of contribution is based on a rate of $ 19,167.45 per additional lot and is current as at 23 February 2009. The contribution will be adjusted from this date in accordance with the underlying consumer price index for subsequent financial quarters.

It is recommended that you contact Council to ascertain the indexed value of the contribution prior to payment.

- END OF CONDITIONS –

ADVISORY NOTES

Environmental Planning and Assessment Act 1979 Requirements

The Environmental Planning and Assessment Act 1979 requires:

a. 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 Services Branch on 9847 6760.

b. A principal certifying authority to be nominated and Council notified of that appointment prior to the commencement of any works.

c. Council to be given at least two days written notice prior to the commencement of any works.

d. Mandatory inspections of nominated stages of the construction inspected.

e. An occupation certificate issued before occupying any building or commencing the use of the land.

Tree Preservation Order

To ensure the maintenance and protection of the existing natural environment, it is an offence to ringbark, cut down, top, lop, remove, wilfully injure or destroy a tree outside three metres of the approved building envelope without prior written consent from Council. Fines may be imposed if you choose to contravene Council’s Tree Preservation Order.

Subdivision Certificate Requirements

A subdivision certificate application is required to be lodged with Council containing the following information:

a. A surveyor’s certificate certifying that all services, drainage lines or access are located wholly within the property boundaries. Where services encroach over the new boundaries, easements are to be created.

b. Certification that the requirements of relevant utility authorities have been met.

Note: Council will not issue a subdivision certificate until all conditions of the development consent have been completed.

Dial Before You Dig

Asbestos Warning

engaged to manage the proper disposal and handling of the material. Further information regarding the safe handling and removal of asbestos can be found at:

Alternatively, telephone the Work Cover Asbestos and Demolition Team on 8260 5885.

House Numbering

House numbering can only be authorised by Council. Before proceeding to number each premise in the development, the allocation of numbers is required to be obtained from Council's Planning Division. The authorised numbers are required to be displayed in a clear manner at or near the main entrance to each premise.

Planning Report No. PLN37/09

Date of Meeting: 3/06/2009

9 DEVELOPMENT APPLICATION - REGISTERED CLUB - ALTERATIONS AND ADDITIONS
103 - 109 NEW LINE ROAD CHERRYBROOK

Development Application No:	DA/144/2009
Description of Proposal:	Alterations and additions to an existing registered club comprising the removal of existing walls, construction of a new outdoor gaming area and extension of an approved smoker’s deck
Property Description:	Lot 2 DP 367373, Nos. 103 – 109 New Line Road Dural
Applicant:	West Pennant Hills Sports Club Limited
Owner:	West Pennant Hills Sports Club Limited
Statutory Provisions:	Hornsby Shire Local Environmental Plan 1994 Open Space C (Private Recreation)
Estimated Value:	$78,000
Ward:	C

RECOMMENDATION

THAT Development Application No. 144/2009 for alterations and additions to an existing registered club at Lot 2 DP 367373, Nos. 103-109 New Line Road Dural be approved subject to conditions of consent detailed in Schedule 1 of this report.

EXECUTIVE SUMMARY

1. The application proposes alterations and additions to an existing registered club comprising the removal of existing walls, construction of a new outdoor gaming area and extension of an approved smoker’s deck.

2. On 3 September 2008, Council approved a major redevelopment of the Club’s premises (DA/1046/2007).

3. The proposal complies with the provisions of the Hornsby Shire Local Environmental Plan 1994 and the relevant Development Control Plans.

4. Forty-eight submissions from twenty-five residences have been received in respect of the application.

5. It is recommended that the application be approved.

HISTORY OF THE SITE

On 29 April 1968, Certificate of Consent No. 68/63 for the construction of bowling greens, licensed clubhouse, courts and pool was granted. Since that time numerous applications have been granted for extensions to the Club.

Most recently, on 3 September 2008, Council approved Development Application No. 1046/2007 for major alterations and additions to the West Pennant Hills Sports Club including a new car park, relocation of bowling greens, tennis courts, cricket nets and the erection of one sign. Works have not commenced under this application.

On 26 November 2008, Council issued a Notice of Intention to serve an Order in response to unauthorised works relating to internal alterations to the existing Club layout and alterations to the existing smoker’s deck.

The subject application was submitted to address the issues relating to the unauthorised works.

THE SITE

The site is rectangular in shape with an area of 2.177 hectares, is located on the western side of New Line Road, 100m south of Cedarwood Drive and 150m north of Edward Bennett Drive, Cherrybrook and experiences an average fall of 3% to the front of the site. A tributary of Berowra Creek traverses the eastern and southern portions of the site, with a bridge connecting the front landscaped area of the site to the Sports Club and its facilities. Facilities on the site include two bowling greens, three (3) all-weather tennis courts, ancillary outbuildings, and cricket nets.

The existing building (1754.42 sqm) includes a main entry, gaming room, reception and administration areas, auditorium, TAB and facilities such as toilets, bowls room, cool room, kitchen, servery, coffee shop and bar. One hundred and fifty-four (154) line marked car spaces are located around the building to the east, south and west. Vehicular access to the site is available from New Line Road, via separate entry and exit driveways.

Land to the north and south is zoned Residential A (Low Density) and supports detached dwellings (along Bowerman Place) and two-storey townhouses, respectively. Edward Bennett Oval abuts the western boundary of the site with pedestrian access available via a gate. Across New Line Road to the east the land is zoned Residential A and incorporates detached dwellings.

The alignment of New Line Road adjacent to the vehicular entry to the site narrows from two lanes in each direction to two lanes northbound and one lane southbound.

THE PROPOSAL

The applicant has provided the following information with respect to the proposed works:

Development approval is sought for the following works:

· Demolition of the existing verandah store room located on the northern elevation of the building adjoining the existing bowling green;

· Conversion of part of the existing outdoor covered verandah (adjacent to the bowling green) to outdoor gaming area comprising 55m² of floor area with floor to ceiling aluminium louvres. The verandah is an existing outdoor seating area for patrons and therefore the conversion to an outdoor gaming area constitutes only a change of activity. The proposal provides for a new solid roof and a ventilated louvre enclosure to this area which would significantly reduce potential noise and light spillage from this currently open area towards the Club’s northern boundary;

· Conversion of the existing indoor gaming floor area into two separate outdoor gaming areas (42m² and 24m²) by relocating of the external walls and replacement with floor to ceiling aluminium louvres;

· Extend the existing approved outdoor smoking deck by 21.64m² with new floor to ceiling solid aluminium louvres and access provided from the outdoor gaming area;

· Realign the existing metal roof over the approved smoker’s deck to match the new roof over deck extension;

· Install airlock doors to separate the smoking zones from the internal gaming areas; and

· Provided suitable acoustic insulation and absorption measures as outlined in the Noise Impact Statement prepared by The Acoustic Group.

All areas created will be nominated smoking zones and as such are required to satisfy the guidelines of the Smoke-free Environment Act 2000.

The new outdoor deck and gaming areas will stand a minimum 48m from the northern boundary beyond which adjoining homes are set back a further distance of at least 11m.

The only additional outdoor floor area created by the modifications is the outdoor smoking deck extension in the north-west corner of the Club. All other areas involve conversion of existing internal space to outdoor area, or in the case of the verandah, conversion from open air seating to a partially enclosed outdoor gaming area.

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

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 jobs in the locality.

2. STATUTORY CONTROLS

2.1 Hornsby Shire Local Environmental Plan 1994

The subject land is zoned Open Space C (Private Recreation) under the Hornsby Shire Local Environmental Plan 1994 (HSLEP). The objectives of the zone are:

(a) to ensure there is provision of adequate open space to meet the needs of the community and to enhance the environmental quality of the Hornsby area.

(b) to encourage a diversity of recreational settings and facilities.

(c) to sustain the use of privately owned land for sporting activities.

The proposed development is defined as ‘registered club’ under the HSLEP and is permissible in the zone with Council’s consent.

The HSLEP contains no development standards applicable to the Open Space C (Private Recreation) zone.

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

The aim of the REP is for consent authorities to protect the environment of the river system by addressing the impacts of future land uses. The site is located within the catchment of the Hawkesbury Nepean River. Part 2 of this Plan contains general planning considerations and strategies requiring Council to consider the impacts of the proposal on water quality, scenic quality, aquaculture, recreation and tourism.

The proposed modification does not involve any increase in floor space or major works that would require any additional assessment under SREP 20.

2.3 State Environmental Planning Policy (Infrastructure) 2007

The proposed development whilst resulting in a minor increase to the total floor area would not alter the approved patron numbers and would not require additional parking. Therefore referral to the RTA under Schedule 3 of SEPP (Infrastructure) 2007 is not required.

2.4 Cherrybrook Precinct Development Control Plan

The primary purpose of this DCP is to provide controls for the Cherrybrook Precinct. The Plan has no prescriptive development standards applicable to this site, or this form of development. However, the objectives of the Cherrybrook Precinct Masterplan include provisions requiring development to be designed to minimise noise to the occupants of neighbouring dwellings, as discussed below:

2.4.1 Acoustics

The ‘acoustic’ element of the Cherrybrook Precinct DCP requires development to provide a reasonable acoustic environment for residents. Development should be designed to minimise noise and vibration impacts on the occupants of surrounding dwellings or buildings by complying with Council’s “Policy and Guidelines for Noise and Vibration Generating Development (2000).”

The site is located in the vicinity of low density residential development and a number of submissions received raised concerns with regard to unacceptable noise from activities at the Club.

The applicant submitted an ‘Acoustic Report’ prepared by The Acoustic Group. The report recommends installation of acoustic absorption material on the underside of the roof for the deck and acoustic ceilings for the gaming areas to maintain compliance with the Office of Liquor, Gaming and Racing (OLGR) before midnight residential boundary criterion.

Council’s environmental assessment of the application has concluded that the acoustic impact of the proposal is acceptable subject to the implementation of appropriate consent conditions.

2.5 Car Parking Development Control Plan

The primary purpose of this DCP is to provide parking controls for the development. Whilst the proposed partially enclosed deck would result in a minor increase to the gross floor area of the existing Club, there would not be an increase in the patronage of the Club and the proposal would not alter traffic generation, vehicle access or parking on the site.

2.6 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 proposed internal modifications do not raise any concerns regarding access for people with disabilities. Consent conditions require compliance with the Building Code of Australia and Australian Standard 1428.

3. ENVIRONMENTAL IMPACTS

3.1 Natural Environment

No significant impact arises from the modification to the existing building.

3.2 Built Environment

There is no significant impact on the built environment and acoustic matters are discussed under the Cherrybrook Precinct DCP.

Submissions received raised concerns regarding the bulk and scale of the proposed works and that no airlock has been provided on the verandah gaming room.

The proposed works are single storey with a maximum height 4.5m. The smoker’s deck extension is set back 46m from the northern boundary and the verandah enclosure is setback 48m from the northern boundary. Given the large setbacks and the low height of the development, the bulk and scale of the proposal is in keeping with the surrounding residential development in the locality.

An airlock has been provided from the existing Club to the verandah outdoor gaming room as detailed in Drawing No. ar-1201, Rev A01, dated 16/02/2009.

3.3 Social Impacts

The Smoke-free Environment Act 2000 banned indoor smoking from July 2007. The associated Smoke-free Environment Regulation 2007 defines an enclosed public place as:

“A public place is considered to be substantially enclosed if the total area of the ceiling and wall surfaces (the total actual enclosed area) of the public place is more than 75 per cent of its total notional ceiling and wall area.”

Submissions received raise concerns that the proposal would be defined as an ‘enclosed public place’ and therefore smoking would not be permitted in these areas. The applicant has advised that the design of the development as submitted to Council satisfies the criteria so as not to fall under the definition of an ‘enclosed public place’, therefore permitting smoking in these areas. This is a matter for the NSW Department of Health to inspect and regulate.

Submissions received raise concerns regarding an expansion in the number of poker machines provided in the Club. The application does not propose to expand the number of gaming machines on the premises. Should the Club seek to increase the number of gaming machines at its premises it will need to prepare a Social Impact Assessment and lodge an application to the Office of Liquor Gaming and Racing. The statement of environmental effects addresses the social impact of the proposal and concludes that there are no adverse impacts envisaged.

3.4 Economic Impacts

The proposal would not have a detrimental economic impact on the locality.

4. SITE SUITABILITY

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

The site is not known to be subject to subsidence, landslip or fire risk and the site has the capacity to support the proposed alterations and additions.

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 5 March 2009 and 26 March 2009 in accordance with Council’s Notification and Exhibition Development Control Plan. During this period, Council received forty-eight submissions from twenty-five residences. 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
TWO SUBMISSIONS RECEIVED OUT OF MAP RANGE

Forty-eight submissions objected to the development, on the grounds that the development would result in:

· Unacceptable traffic on local streets;

· Unacceptable noise from activities at the Club;

· Inadequate parking;

· Development that is excessive in bulk and scale;

· Use of the existing awning area at night should cease;

· Privacy impacts;

· Works undertaken without development consent;

· No airlock has been provided on the verandah games room;

· Louvres permit visibility of gaming to the public/ tennis courts/ bowling greens, which is contrary to the OLGR requirements.

The submissions also raised the following concerns that are not directly related to the current application:

· The application is contrary to the Masterplan approved in DA/1046/2007;

· Noise measures and additional parking have not been provided in accordance with DA/1046/2007;

· When will works commence for DA/1046/2007;

· Security Management Plan approved in DA/1046/2007 has not been implemented;

· Unauthorised sign on cricket nets;

· Expansion of gaming should provide more parking;

· OLGR have increased gaming machines which is detrimental to the community;

· Fix the existing light nuisance;

· Close the back gate after 9pm

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 Traffic and Parking

A number of submissions raised concerns with regard to unacceptable traffic on local streets, inadequate parking and people parking in adjoining residential streets.

The proposal would result in a minor increase to the gross floor area of the existing Club, however, there would not be an increase in the patronage of the Club and the proposal would not alter traffic generation, vehicle access or parking on the site.

The Club has been requested to ask its members to refrain from parking in the adjoining streets and to utilise the car park on-site.

5.1.2 Privacy Impacts

Concerns have been raised with regard to privacy impacts and that the proposed louvres permit visibility of gaming to the public/ tennis courts/ bowling greens, which is contrary to the Office of Liquor Gaming and Racing (OLGR) requirements.

The proposed works are single storey and are set back a minimum of 46m from the northern boundary which would minimise any overlooking concerns of adjoining neighbours. With regard to the privacy impacts on the bowling green, the existing verandah is open and allows for clear sightlines, whereas the proposed louvres would improve privacy to users of the bowling greens. With regards to the smoker’s deck overlooking the tennis courts, the existing deck and the deck extension would have a solid 1.8 metre high wall which would maintain privacy to the tennis court users.

Furthermore concerns have been raised with regard to the noise and privacy impacts of the use of the existing verandah area at night that is accessed from the existing lounge and is adjacent to the proposed new outdoor gaming area and the bowling greens. To address the concerns of adjoining residents, a condition is recommended that no patrons are permitted to utilise the covered verandah area adjacent the bowling greens after 9pm at night.

5.1.3 Development Consent No. 1046/2007

On 3 September 2008, Council approved a major redevelopment of the Club’s premises (DA/1046/2007) which included a masterplan and staging of the proposed works. The consent is valid for 5 years and works have not yet commenced. Council is unable to impose a timeframe for works to start, and until such time as the consent becomes operative, the implementation of the Security Management Plan and the acoustic measures and upgrading of the car parking on the site are not required to be commenced.

5.1.4 Compliance Matters

A number of submissions raised concerns with regard to the works being undertaken without development consent, existing lights on the premises causing glare and reflection and that unauthorised signs had been erected on the cricket nets.

These matters were investigated by Council’s Compliance officers. With regard to the unauthorised signage on the cricket nets and the glare from the tennis court lights, the Club has removed the signage and the tennis court lights have been upgraded to comply with the requirements of Development Consent No. 156/1982. The matter of the unauthorised works has been resolved by the submission of this application.

5.2 Public Agencies

The application was referred to the following agency for comment:

5.2.1 NSW Police

The NSW Police Force raised no objections to the proposed development, subject to the recommendations of the acoustic report being implemented to alleviate any concerns in relation to what impact the noise from the outdoor gaming terrace and smoking area might have on the residential area adjacent to the complex.

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 would be in the public interest.

CONCLUSION

The application proposes alterations to West Pennant Hills Sports Club involving internal modifications and the enclosure of part of the existing verandah to create an outdoor gaming room and the extension of the existing smoker’s deck.

The proposal is consistent with the objectives of the Hornsby Shire Local Environmental Plan 1994 and Council’s relevant Development Control Plans.

Matters raised in community submissions can be addressed via appropriate conditions. The proposal satisfies the requirements of the NSW Police Force.

Accordingly, the application is recommended for approval.

Rod Pickles

Manager - Assessment Team 2

Planning Division

Scott Phillips

Executive Manager

Planning Division

1.View	Locality Plan
2.View	Site Plan
3.View	Floor Plans
4.View	Sections
5.View	Elevations

File Reference: DA/144/2009

Document Number: D01145684

SCHEDULE 1

GENERAL CONDITIONS

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.

1. Approved Plans and Supporting Documentation

Architectural Plans prepared by DEM Pty Ltd

*Plan No.*	*Plan Title*	*Rev*	*Dated*
ar-0101	Site Plan	A01	16 February 2009
ar-1201	Ground Floor Plan	A01	16 February 2009
ar-1202	Roof Plan	A01	16 February 2009
ar-2101	Sections	A01	16 February 2009
ar-2601	East & West Elevation	A01	16 February 2009
ar-2602	North Elevation	A01	16 February 2009

Supporting Documentation

*Document Title*	*Prepared by*	*Dated*
Statement of Environmental Effects Project No. 4056-00	DEM	16 February 2009
Construction Waste Management Plan	DEM	16 February 2009
BCA Compliance Report Project No. 90004, Rev 2	Blackett Maguire & Goldsmith Pty Ltd	9 February 2009
Noise Impact Statement Report No. 39.3170.R12:ZSC	The Acoustic Group	6 February 2009
Noise Impact Statement Report No. 39.3170.R13:ZSC	The Acoustic Group	28 March 2009

REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

2. Building Code of Australia

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

3. Fire Safety Upgrade

To ensure the protection of persons using the existing building and to facilitate egress from this building in the event of a fire, details must be submitted for the works necessary to bring the area indicated as “existing outdoor gaming area – not approved” into full compliance with Parts C, D and E of the Building Code of Australia.

4. Sydney Water – Quick Check

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

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

5. Erection of Construction Sign

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:

e. Showing the name, address and telephone number of the principal certifying authority for the work.

f. Showing the name of the principal contractor (if any) for any demolition or building work and a telephone number on which that person may be contacted outside working hours.

g. 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.

6. Erosion and Sediment Control

Note: On the spot penalties up to $1,500 may be issued for any on-compliance with this requirement without any further notification or warning.

REQUIREMENTS DURING CONSTRUCTION

7. Construction Work Hours

All work on site (including demolition and earth works) must only occur between the following hours:

Monday to Saturday 7 am to 5 pm

Sunday & Public Holidays No work

8. Demolition

All demolition work must be carried out in accordance with Australian Standard 2601-2001 – The Demolition of Structures and the following requirements:

a. Demolition material is to be disposed of to an authorised recycling and/or waste disposal site and/or in accordance with an approved waste management plan.

9. Environmental Management

10. Council Property

Note: This consent does not give right of access to the site via Council’s park or reserve. Should such access be required, separate written approval is to be obtained from Council.

11. Excavated Material

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’ shall also be taken to mean ‘interim occupation certificate’ unless otherwise stated.

12. Stormwater Drainage

13. Cigarette Butt Receptacle

Cigarette butt receptacles must be provided on the smoker’s deck to minimise littering.

14. External Lighting

15. Acoustic absorption material

Acoustic absorption material must be applied to the underside of the roof (of the deck) and acoustic ceilings applied for all gaming areas in accordance with the recommendations of the Noise Impact Statement Report No. 39.3170.R12:ZSC prepared by The Acoustic Group, dated 6 February 2009. Certification of compliance

with the recommendations of Noise Impact Statement Report No. 39.3170.R12:ZSC must be obtained from a suitably qualified person.

16. Air Locks

Air locks must be provided to doorways that lead to the outdoor smoking area to prevent the entry of cigarette smoke into the Club.

OPERATIONAL CONDITIONS

17. Patron Numbers

This consent does not authorise or approve an increase in patron numbers.

18. Fire Safety Statement - Annual

19. Noise – Plant and Machinery

a. Existing plant on the subject site must operate at levels less than 40 dB(A) at the northern boundary.

b. Additional plant associated with the proposal must not to exceed 37 dB(A) at the northern boundary.

20. Noise – Acoustic Assessment

An acoustic assessment is to be undertaken by a suitably qualified environmental consultant within 60 days of occupying the site in accordance with the Environment NSW Industrial Noise Policy (2000), Council’s Policy and Guidelines for Noise and Vibration Generating Development (Acoustic Guidelines V.5, 2000) and the DECC’s Noise Guide for Local Government (2004). Should the assessment find that noise from the premise exceeds 5dB(A) appropriate measures must be employed to rectify excessive noise.

21. Use of Smoker’s Deck

The use of the deck is subject to the following conditions to protect the acoustic amenity of neighbouring residences:

a. The hours of operation of the smoking deck are restricted to those times listed below:

Sunday - Wednesday 10am - 11pm

Thursday - Saturday 10am - Midnight

Please note: This includes Public Holidays and Special Events.

b. Alcohol must not to be consumed on the deck between the hours of 10pm and Midnight.

c. Signs must be posted both at the exit to the deck and on the deck stating: “CONSIDER OUR NEIGHBOURS. PLEASE KEEP NOISE TO A MINIMUM.”

d. No music, entertainment, television monitors or amplified music/announcements is permitted on the smoking deck area.

e. All noise complaints must be recorded by the Duty Manager and must be dealt with immediately.

22. Management

The Club Manager must take all steps necessary to ensure the orderly behaviour of patrons and to ensure that no noise nuisance occurs from patrons entering, using and leaving the smoking deck.

23. Use of Verandah

No patrons are to utilise the outdoor covered verandah accessed from the lounge area and adjacent to the bowling green after 9pm.

- END OF CONDITIONS -

ADVISORY NOTES

Environmental Planning and Assessment Act 1979 Requirements

· The Environmental Planning and Assessment Act 1979 requires:

· 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 Services Branch on 9847 6760.

· A principal certifying authority to be nominated and Council notified of that appointment prior to the commencement of any works.

· Council to be given at least two days written notice prior to the commencement of any works.

· Mandatory inspections of nominated stages of the construction inspected.

· An occupation certificate issued before occupying any building or commencing the use of the land.

Long Service Levy

Note: The rate of the Long Service Levy is 0.35% of the total cost of the work.

Note: Hornsby Council requires the payment of the Long Service Levy prior to the issue of a construction certificate.

Disability Discrimination Act

Dial Before You Dig

Asbestos Warning

Alternatively, telephone the Work Cover Asbestos and Demolition Team on 8260 5885.

The Smoke-free Environment Act 2000

This assessment does not confirm that the outdoor gaming area and smoking deck is an unenclosed public place for the purposes of The Smoke-free Environment Act 2000. This is a matter for the NSW Department of Health.

Standard Report No. PLN22/09

Planning Division

Date of Meeting: 3/06/2009

10 HERITAGE REVIEW STAGE 4

EXECUTIVE SUMMARY

This report reviews submissions received in response to the exhibition of Heritage Review Stage 4, which relates to a review of existing heritage listed trees, and other items proposed for inclusion or deletion from the heritage list.

At its meeting on 20 February 2008, Council resolved to exhibit Heritage Review Stage 4 for a minimum period of three months. The Study was exhibited from 15 May 2008 to 15 August 2008. Twenty-nine (29) submissions concerning 18 properties have been received. Submission and the Study recommendations have been reviewed by Council’s Heritage Advisory Committee. The issues raised in submissions are addressed in this report.

It is recommended that Council progress the recommendations of this report as part of an Annual Amendments Local Environmental Plan (LEP).

PURPOSE/OBJECTIVE

The purpose of this report is to review submissions received in response to the exhibition of Heritage Review Stage 4 and seek Council’s endorsement for the progression of the recommendations.

BACKGROUND

The Hornsby Shire Local Environmental Plan 1994 includes heritage conservation provisions and lists over 800 heritage items and five heritage conservation areas. Heritage reviews have been conducted since 1995 to review requests received for deletion or inclusion of items on the heritage list. Reviews have also included a number of projects related to Council’s heritage provisions. Three review stages have been completed to date, and this report concerns Heritage Review Stage 4.

At its meeting on 7 February 2007, Council considered Executive Manager’s Report No. PLN19/07, and endorsed the content and direction of Heritage Review Stage 4 including:

· Review of items and review of heritage listed trees;

· Correction of anomalies within existing listings; and

· Heritage Inventory on Council’s Online Services Portal.

The focus of this report is on the review of items and heritage listed trees. The correction of anomalies within existing listings and the heritage inventory on Council’s Online Service Portal is being progressed by Council’s Town Planning Services Branch and will be the subject of a further report to Council.

Expressions of interest were sought from six consultants to undertake the review of items and heritage listed trees. Following an assessment of the expressions of interest, independent heritage consultant LandArc Pty Ltd (with assistance from Patrick O’Carrigan and Partners Pty Ltd concerning built items) was appointed as the consultant for Heritage Review Stage 4.

The consultant’s study was submitted to Council in January 2008. Council at its meeting on 20 February 2008 considered Executive Manager’s Report No. PLN32/08 concerning Heritage Review Stage 4 and resolved that:

1. Council endorse Heritage Review Stage 4 for exhibition.

2. The Review be exhibited for a minimum period of three months in accordance with the consultation strategy outlined in Executive Manager’s Report No. PLN32/08.

3. At the conclusion of the exhibition period, a report on submissions and advice from the Department of Planning concerning the process to progress the recommendations of the Review be presented to Council.

In accordance with the Council’s resolution, the Study was exhibited from 15 May 2008 to 15 August 2008. Twenty-nine (29) submissions concerning 18 properties or items have been received. The issues raised in submissions are addressed in this report.

DISCUSSION

This report discusses Heritage Review Stage 4 and submissions received during the exhibition period.

Heritage Review Stage 4 Study

The Study consists of four volumes. Volumes 1 to 3 relate to a review of 102 existing heritage listed trees. The review of heritage listed trees was undertaken in recognition that tree groups may have been affected by natural attrition and spot removals since their assessment as items of heritage significance as part of Council’s initial Heritage Study in 1993. Volume 1 also contains a study background and summary of recommendations. Volume 4 relates to a review of 48 items nominated for addition to, or deletion from, the heritage list.

Exhibition and Review of Submissions

In accordance with the Consultation Strategy adopted by Council the Study was exhibited from 15 May 2008 to 15 August 2008. Advertisements were placed in local newspapers and on the Council website. Letters were sent to affected property owners, interested parties and relevant community groups. The Study was also displayed at the Council Administration Centre and libraries. Twenty-nine (29) submissions concerning 18 properties/items have been received and the issues raised are addressed below. An identification number has been given to each item reviewed. The identification number represents the order of appearance the item is assessed within the Heritage Review.

Property Nos. 52-54 Crosslands Road, Galston (Identification No. 96)

Orchard trees are currently listed as heritage item of local significance. During the progression of the previous Heritage Review Stage 3, the owner advised that the trees had

been long since removed and Council resolved to review the heritage listing. The Study notes the presence of saplings which are regrowth of the earlier orchard and recommends the heritage listing be retained on this basis.

Submission: The property owner objects to the continued heritage listing of the fruit trees on the basis that the trees no longer exist and were removed by previous owners. The submission requests a site inspection to verify the loss of the trees.

Comment: The Heritage Review recommends the continued listing of the fruit trees on account of the presence of regrowth saplings of the former orchard. The Heritage Committee acknowledges that although regrowth is present, the original heritage listed trees have been removed. Therefore, the Committee recommends deletion of the heritage listing as there is insufficient integrity to warrant continued listing.

Resolve: It is recommended that the existing listing of the fruit trees be deleted.

Property No. 109 Beecroft Road, Beecroft - Beecroft Fire Station (Identification No. B2)

The Beecroft Fire Station was identified for further investigation as part of the Beecroft Commercial Centre Masterplan Heritage Assessment (2004). The Study recommends the Beecroft Fire Station be listed as a heritage item.

Submission: The NSW Fire Brigades does not object to the proposed listing of the Beecroft Fire Station, but comments that the listing must not constrain Fire Station operations or future upgrades.

Comment: The Heritage Review identifies the occupation of the site by the Fire Station since 1915. However, the Heritage Advisory Committee notes that the existing building was constructed during the early 1970s and the building does not have historical/social significance in itself. It was further commented that the long-term requirements of the Fire Brigade should be considered and there is insufficient justification to warrant heritage listing. Furthermore, 1970s structures are not identified as contributory elements within the surrounding Beecroft/Cheltenham Heritage Conservation Area, and would not accord with the character of the locality.

Resolve: It is recommended that heritage listing of the Beecroft Fire Station not be progressed.

Property Nos. 16-24 Hannah Street, Beecroft - Module Shopping Centre (Identification No. B5)

The Module Shopping Centre was identified for further investigation under the Beecroft Commercial Centre Masterplan Heritage Assessment (2004). The Study recommends the shopping centre be listed as a heritage item.

Submission: Paul Davies Pty Ltd (heritage consultants), on behalf of the property owner, object to the proposed listing of the Module Shopping Centre. The submission asserts that the property does not have sufficient heritage significance to warrant listing and that the justification for listing could equally apply to many other sites and shopping centres. The submission states that no comparative analysis has been undertaken to substantiate the heritage listing. The submission also comments that the building has no association with an important designer or outstanding technical achievement, nor is its modular approach rare.

Comment: The Heritage Advisory Committee does not support the heritage listing of the Module Shopping Centre, commenting that 1970s structures are not identified as contributory elements within the surrounding Beecroft/Cheltenham Heritage Conservation Area. Furthermore, the heritage listing of the shopping centre would conflict with the future revitalization and redevelopment of the Beecroft Commercial Centre.

Resolve: It is recommended that heritage listing of the Module Shopping Centre not be progressed.

Property No. 5 Chilcott Road, Berrilee - former Berrilee Public School (Identification No. B9)

The Berrilee Public School was nominated for heritage listing by the Berrilee Parents and Citizen Association. The Study recommends the school building be listed as a heritage item.

Submissions: Five submissions have been received concerning the former Berrilee Public School. The property owner objects to the proposed listing of the original school building on the basis of the limited developable area within the site. The school building occupies the centre of the available space, thereby constraining future development. The submission also claims that the single room school building provides limited opportunities for re-use. It is also asserted that the building is in poor structural condition and replacement of material is required. The submission states that the building was relocated to the school site and the owner would support its relocation off-site. The submission comments that the heritage listing would be a financial burden upon the owner, and notes that the building would not be publically accessible as it is no longer in public ownership.

One submission is from the Department of Education as owner of the site during the study preparation. The Department reserves comment as the property was sold by the Department of Education in June 2008. A further three submissions were received from community members who support the relocation of the school building to Fagan Park and conversion to a museum.

Comment: The school building is the subject of two recently approved Development Applications (being DA/1086/2008 and DA/1094/2008) which preclude demolition of the structure and permit its relocation within the current site. The approved proposals ensure the building remains in its context and permits the construction of a dwelling-house on the property. The recent development approvals address the owner’s objection with respect to the development potential of the property and feasibility for relocation. It is envisaged that the building could be used as a studio or workshop ancillary to the residential use of the property.

The Heritage Advisory Committee considered the community support for conservation of the school building and sites this level of public interest as further evidence of the social significance of the school building. However, the Committee does not support the proposal to relocate the building to Fagan Park and its presentation as a museum. Such a proposal would have significant resource and policy implications for Council. The Committee also sited examples where museums of this type experience poor patronage and are unsustainable in the long-term.

Resolve: It is recommended that the former school building be listed as a heritage item of local significance.

Property No. 76 Cheltenham Road, Cheltenham (Identification No. B10)

The property was the subject of a community request for heritage listing. The Study recommends the house be listed as a heritage item of State significance.

Submission: Three submissions have been received concerning the dwelling-house. The property owner objects to the proposed listing of the dwelling-house. The submission states that information was sought upon the purchase of the property verifying that it was not heritage listed. The intention of the purchase was to demolish the house and construct a replacement house. The owner states that she has engaged an architect to design alterations to the existing building. The submission asserts that the house is poorly designed and electrical and plumbing is not up to standard. It is further commented that the roof leaks and the building has concrete cancer. The submission also states that repair would not be financially viable. The submission states that the original allotment has been poorly subdivided and does not permit the use of the original garage.

A further two submissions were received from community members who support the heritage listing of the house. The submissions provide additional historical information and note that the original features of the house are intact, highly representative of the 1940s period and its builders, Allen George Brown and Herbert Vincent Brown.

Comment: The Heritage Review identifies the dwelling-house as having State significance. Accordingly, Council at its meeting on 19 December 2007 considered a Notice of Motion and resolved to nominate the property for inclusion on the State Heritage Register. The nomination was subsequently submitted to the Department of Planning (Heritage Branch). In September 2008, the Department advised that the Heritage Council determined that the property does not meet the threshold for the State Heritage Register, however, stated that it was the Heritage Council’s opinion that the property was an item of local heritage significance. The Heritage Advisory Committee supports the heritage listing of the property, noting that the building is a good example of a modernist concrete structure.

Resolve: It is recommended that the house be listed as a heritage item of local significance.

Property No. 431 Galston Road, Dural (Identification No. B13)

The barn was identified for further investigation by the Heritage Advisory Committee in 2004. The Study recommends the barn be listed as a heritage item.

Submission: The property owner objects to the proposed listing of the barn. The submission comments that the dwelling-house on the site is currently heritage listed, and a further heritage item would be disadvantageous and restrictive. The submission also notes that the roof of the barn has been replaced, having an amended pitch and no longer represents the original structure.

Comment: The heritage significance of the barn was considered during Heritage Review Stage 2 on account of a submission by the previous property owners. At that stage, Council’s report acknowledged that the barn had been substantially modified, including removal of one side, and noted that original fabric accounts for less than 35 per cent of the structure. The Heritage Advisory Committee recommends that heritage listing not be progressed on the basis of the modifications to the barn.

Resolve: It is recommended that heritage listing of the barn not be progressed.

Property No. 3 Pembroke Street, Epping - St Albans Anglican Church (Identification No. B16)

The rectory was identified for further investigation by the Heritage Advisory Committee in 2006 during the consideration of a redevelopment proposal for the church site. The Study recommends the rectory be listed as a heritage item.

Submission: Three submissions have been received concerning the St Alban’s Rectory, as well as an Engineer’s Report commissioned by the Anglican Parish which was submitted following the exhibition period.

Submissions of objection have been received from both the Anglican Parish and Church Diocese. The submission from the Anglican Parish comments that the heritage consultant commissioned on behalf of the owners does not believe the rectory to have heritage significance. The rectory is believed to be an adaption of an English pattern book design, and as such is not an original design. The submission also asserts that the building was constructed economically, including the use of fibro, lack of underpinning and dampcourse. The submission further advises that the building is in poor structural condition, subject to subsidence and splayed walls. The submission also comments that the building has had modification over time resulting in the loss of original elements. The submission comments that there is no architectural relationship between the church and rectory.

The Engineer’s Report submitted in support of the Parish’s submission identifies numerous defects, including cracks throughout, lateral movement of lintels, settlement of the first floor porch, fallen cornice, windows sticking, eroded mortar joints and poorly discharged stormwater. The Report advises that the repair of cracks in 2004 has failed to prevent further cracking and that greatest concern relates to the lintels which have moved from their bearing supports. The Report finds that the building is in below average condition and would require extensive structural rectification, which is determined not to be economically viable. The rectification work outlined would include reinstatement of stormwater discharge, underpinning of numerous walls, jacking up of the porch, re-pointing mortar joints and replacing dislodged bricks.

A further submission has been received from a community member who supports the heritage listing of the rectory building as being of State significance. The submission acknowledges that the rectory was built by renowned architect Leslie Wilkinson and is representative of the houses he built for the middle classes during the 1930s. The submission provides additional historical information.

Comment: The rectory was designed by eminent architect, Leslie Wilkinson, while professor of architecture at Sydney University and responsible for that institution’s most renowned buildings. Wilkinson was the first professor of architecture at an Australian University and had a great influence upon the development of the architectural profession. According to the University of Sydney, Wilkinson operated a private practice throughout much of his academic career and designed in the order of thirty houses and flats in Sydney. The relatively small number of domestic-scale buildings provides the rectory with a degree of rarity. However, the Engineer’s Report demonstrates that significant structural rectification works would be required to ensure the longevity of the building. The works required significantly compromise the viability of retention of the building. Therefore, on balance progression of the listing of the building is not supported.

Resolve: It is recommended that the heritage listing of the rectory not be progressed.

Property No. 29 Hampden Road, Pennant Hills (Identification No. B25)

The property was the subject of a community request for identification of a number of houses within Hampden Road as a Heritage Conservation Area. The Department of Planning does not support Heritage Conservation Areas outside of Council’s Comprehensive LEP. Accordingly, the properties have been investigated for individual heritage listing. The Study recommends the house at No. 20 Hampden Road be listed as a heritage item.

Submission: The property owner objects to the proposed listing of the dwelling-house. The submission asserts that the house is in a poor structural condition and the external features have been modified over time, including an in filled porch, the removal of chimneys, finials and slate roof. The submission comments that the house is subject to subsidence and major cracking. A Structural Engineer’s Report is provided which places the cost of underpinning at $32-60,000. The submission also notes that the inventory which forms part of the Stage 4 Study contains inaccuracies as to the condition and integrity of the property.

Comment: The Heritage Advisory Committee does not support the heritage listing of the property in view of the structural problems and limited justification for heritage listing provided within the Study. The Committee further comments that the integrity of the building is compromised and would not warrant listing as a representative example of the Federation style.

Resolve: It is recommended that heritage listing of the house not be progressed.

Property No. 30 Hampden Road, Pennant Hills (Identification No. B26)

The property was the subject of a community request for identification of a number of houses within Hampden Road as a Heritage Conservation Area. The Study recommends the house at No.30 Hampden Road be listed as a heritage item.

Submission: The property owner objects to the proposed listing of the dwelling-house. The submission comments that the inventory which forms part of the Stage 4 Study contains a number of inaccuracies. The submission contests the statement that the house is one of Pennant Hills’ earliest homes. The owner asserts that the house is not uncommon within the locality and therefore, does not warrant heritage listing.

Comment: The Heritage Advisory Committee does not support the heritage listing of the property. The Committee comments that the house is a modest example of the style with limited period detail and there is insufficient justification to warrant heritage listing.

Resolve: It is recommended that heritage listing of the house not be progressed.

Property Nos. 32-34 Hampden Road, Pennant Hills (Identification No. B27)

Submission: The property owner objects to the proposed listing of the dwelling-house. The submission comments that the inventory which forms part of the Stage 4 Study contains a number of inaccuracies. The submission comments that the property was derelict upon the purchase by the owners and required the replacement of much original fabric. As such, extensive renovation has been undertaken and a substantially sized extension and detached garage constructed.

Comment: The Heritage Advisory Committee does not support the heritage listing of the

house in view of the recent additions. The additions are not in keeping with the scale of the original house and detract from the original portion of the house. Furthermore, much original detail has been replaced and, as such, the historical integrity of the building has been compromised.

Resolve: It is recommended that heritage listing of the house not be progressed.

Property No. 35 Hampden Road, Pennant Hills (Identification No. B28)

The property was the subject of a community request for identification of a number of houses within Hampden Road as a Heritage Conservation Area. The Study recommends that the house at No. 35 Hampden Road be identified as a contributory element within a future Heritage Conservation Area.

Submission: The property owner advises that the address provided within the Study inaccurately identifies the dwelling-house as No. 35A Hampden Road, Pennant Hills. As such, the owner requested further information concerning the proposed listing of the dwelling-house.

Comment: The Study has been updated to reflect the correct property address being No. 35 Hampden Road, Pennant Hills. Also, a representative of the Town Planning Services Branch contact the property owner with the additional information as requested. No further submission has been received.

The Heritage Advisory Committee does not support the heritage listing of the house. The Committee notes that the Study does not recommend the house as a heritage item, but rather as a contributory element within a future Heritage Conservation Area. As such, the Study acknowledges that the house would not satisfy the criteria for individual listing.

Resolve: It is recommended that heritage listing of the house not be progressed.

Property No. 36 Hampden Road, Pennant Hills (Identification No. B29)

Submission: The property owner objects to the proposed listing of the dwelling-house. The submission comments that the owner has been a long term resident of the property and does not want members of the public to be encouraged to enter the property.

Comment: The heritage listing of a property would not confer rights upon any member of the public to access the property without the owner’s consent.

The Heritage Advisory Committee supports the heritage listing of the house. The Committee comments that house represents an intact and little altered example of the Federation period. The house features an in filled verandah on the eastern side. However, the modification is sympathetic and reasonably capable of restoration.

Resolve: It is recommended that the house be listed as a heritage item of local significance.

Property No. 89 Alexandria Parade, Wahroonga (Identification No. B39)

The property was identified for further investigation under the Wahroonga (North) Heritage Conservation Area Review (2005). The Study recommends the house be listed as a heritage item.

Submission: Two submissions have been received concerning the property, comprising an objection from the property owner and a further submission by a consultant prepared on the owner’s behalf. The submissions comment that the inventory which forms part of the Study contains a number of inaccuracies. The submission notes that the area has been the subject of much recent development and consequently, the Inter-war character has been lost. The submission states that the property is capable of subdivision in the future and the heritage listing would be a financial burden to the owners. The submission further comments that the house has been subject to substantial modifications over time and an approved development application for alterations and additions. The submissions assert that the house does not warrant heritage listing.

Comment: The Heritage Advisory Committee does not support the heritage listing of the property. The Committee acknowledges that the house has had substantial additions over time and therefore, its integrity compromised. The Committee agrees that there is insufficient justification to warrant heritage listing.

Resolve: It is recommended that heritage listing of the house not be progressed.

Property No. 15 Ingalara Avenue, Wahroonga (Identification No. B43)

The property was identified for further investigation under the Wahroonga (North) Heritage Conservation Area Review (2005). The Study recommends the house be listed as a heritage item.

Submission: The property owner objects to the proposed listing of the dwelling-house. The submission expresses concern that the owners were alerted to the recommended heritage listing by an anonymous letter left in a neighbour’s letterbox. The submission asserts that Council should have made direct contact with the property owners.

Comment: The consultation strategy for the Study has included multiple letters to affected property owners. The consultation has comprised a letter in April 2007 to advise a Study would be undertaken and inviting submissions, a letter in May 2008 to advise the Study was on exhibition, in addition to four (4) letters in the preceding years concerning the recommendations of the Wahroonga (North) Heritage Conservation Area Review. A representative of the Town Planning Services Branch has reviewed the notification letters and confirms that the consultation identified correct names and postal address. The exhibition of the Study has also been advertised in local newspapers, Council’s website, and has been on display at local libraries. The submission provides no other justification for objection to the heritage listing.

The Heritage Advisory Committee supports the heritage listing of the house as it represents a good example of a circa 1943-55 structure in the Modern style, which is rare within the Shire. The house is an intact example and presents well to the street.

Resolve: It is recommended that the house be listed as a heritage item of local significance.

Property No. 22 Pacific Highway, Wahroonga (Identification No. B46)

The property is currently heritage listed as locally significant and is the subject of a request by the property owners to delete the heritage listing. The Study recommends the house be retained as a heritage item.

Submission: Two submissions have been received concerning the property, comprising an objection from the property owner and a further submission by a consultant prepared on the owner’s behalf. The submissions comment that the context of the building has been diminished by adjacent multi-unit housing development. It also states that the building is in poor structural condition, including subsidence, termite damage and major cracking. The submission asserts that the necessary underpinning would be cost prohibitive. The submission states that the house has had substantial modifications over time and much original material has been replaced. The consultant’s report asserts that comparable examples of the style and period exist within the locality and the integrity and intactness of the house has been compromised. The objections conclude that the house does not warrant continued heritage listing.

Comment: The Heritage Advisory Committee does not support the continued heritage listing of the house. The Committee comments that the property has lost its context and its long term viability has been affected by its location within a medium density zone. The Committee acknowledges that the Pacific Highway/Ingram Road precinct was rezoned (Residential B) for higher density development in 1999 under Council’s Housing Strategy and subsequently removed from the Heritage Conservation Area in 2001. The poor structural condition of the house and its modifications over time were also a basis for the Committee’s recommendation.

Resolve: It is recommended that the house be deleted from the heritage list.

Property No. 58 Woonona Avenue, Wahroonga (Identification No. B47)

The property was identified for further investigation under the Wahroonga (North) Heritage Conservation Area Review (2005). The Study recommends the house be listed as a heritage item.

Submission: The property owner objects to the proposed heritage listing of the house. The submission advises that the property is subject to an approved subdivision involving the excise of the front garden of the parent property. The submission asserts that the house’s setting of the house would be diminished by the future subdivision and the house has had substantial additions over time, including a flat roofed garage at the street frontage which restricts views to the house.

Comment: The Heritage Advisory Committee does not support the heritage listing of the house. The Committee comments that the approved subdivision would negatively affect the streetscape presentation and setting of the property.

Resolve: It is recommended that heritage listing of the house not be progressed.

Trees within the Locality of Pennant Hills

The submission relates to the review of a number of heritage listed trees, as well as a stand of trees not addressed within the Study.

Submission: A submission has been received from the Pennant Hills District Civic Trust. The submission raises concern that the two significant Eucalypts within Hillcrest Road at Pennant Hills are not heritage listed. The Trust asserts that these trees contribute to the environment of the Commercial Centre. Furthermore, the submission supports the heritage listing of trees

within Lilla Road, Trebor Road and the Wongala Crescent rail corridor, as regionally significant.

Comment: The Eucalypts within Hillcrest Road were identified within Council’s initial Heritage Study in 1993. However, they were not progressed to heritage listing. The heritage significance of the Hillcrest Road trees has not been assessed, nor consideration undertaken for inclusion of the item on the heritage list as part of the Study. Accordingly, it is recommended that the heritage listing be investigated for inclusion as part of the next Heritage Review.

In relation to the other tree stands mentioned in the Trust’s letter, the trees within Lilla Road are recommended for retention of local listing, as the regional level of significance is no longer recognised by the Department of Planning. The trees within Trebor Road are recommended for deletion because the stand contains a mix of cultivated species and only highly fragmented specimens of Blue Gum High Forest. As such, the listing does not demonstrate sufficient integrity to warrant continued heritage listing. Notwithstanding, the deletion does not infer consent for the removal of the trees. Finally, the heritage listed bushland conserved adjacent to Wongala Crescent, largely within the railway corridor, does not form part of the Study. Accordingly, the heritage listing of the bushland is not affected.

Resolve: It is recommended that the heritage listing of trees within Lilla Road and along the rail corridor (Wongala Crescent) in Pennant Hills be retained as locally significant. Trebor Road trees are recommended for deletion as these no longer demonstrate sufficient integrity or significance to warrant listing. It is also recommended that the Hillcrest Road trees be investigated for inclusion as part of the next Heritage Review.

Property No. 164 Ray Road, Epping (Identification No. B)

The property contains a Bottle Tree and is located adjacent to a heritage listed house under the same ownership.

Submission: The submission raises concern that the Bottle Tree within the property is not heritage listed. The property owners also own the adjacent property at No. 166 Ray Road, which is a heritage listed house. The submission requests that the Bottle Tree be included within the heritage listing.

Comment: The heritage significance of the Bottle Tree has not been assessed, nor consideration undertaken for inclusion of the item on the heritage list as part of the Study. Accordingly, it is recommended that the heritage listing be investigated for inclusion as part of the next Heritage Review.

Resolve: It is recommended that the Bottle Tree be investigated for inclusion as part of the next Heritage Review.

Referral to Internal Divisions/Branches

Council’s Development Assessment, Subdivision, Parks and Landscape, Bushland and Biodiversity, and Property Development Teams were consulted during the exhibition. The Parks and Landscape and Bushland and Biodiversity Teams provided comment on the Study.

The Bushland and Biodiversity Team support the recommendations of the Heritage Review as the trees form part of remnant canopy Blue Gum High Forest and Sydney Turpentine Ironbark Forest. The Team also acknowledges that the regional level of heritage significance

is no longer recognised and, as such, items would likely be attributed local significance where progressed. The Team further supports the method of assessment for heritage significance, based upon the generic values identified under the Burra Charter and the additional values based criteria, as it allows an appropriate level of cross referencing for biodiversity values such as those identified in the NSW Scientific Committee listings of Blue Gum High Forest and Sydney Turpentine Ironbark Forest.

The Parks and Landscape Team individually addressed the Study recommendations in relation to each item. The Team’s comments are summarised within the table (copy attached). The Team raises concern with regard to a number of stands of street trees which have been heavily lopped due to power lines, or otherwise affected. In some cases, the recommendations of the Parks and Landscape Team differ from those of the consultant or Council’s Heritage Advisory Committee. Where conflicting recommendations occur, the recommendations of the Town Planning Services Branch within this report attempt to balance the interests of conservation and maintenance.

Summary of Recommendations

The following is a summary of recommendations subsequent to the review of submissions, and consultation with Council’s Heritage Advisory Committee, Parks and Landscape Team and Bushland and Biodiversity Team. A more detailed outline may be found within the attached table.

Existing Heritage Items for Deletion:

Thirty-three (33) heritage listings, comprising 26 tree listings and 7 built/cultural items are recommended for deletion. The following table provides a summary of the recommended deletions:

ID	Property	Description	Study Recomm.	Comment	Recomm.
10	7 Mary Street, Beecroft	Two angophora trees	Delete heritage listing (include in expanded group listing)	The two subject trees do not warrant individual heritage listing. One of the two trees in poor condition. Aim of the review is to strengthen listings by reducing number of tree stands, therefore expanded listing not supported.	Delete heritage listing
12	67A Murray Farm Road, Beecroft	Oak tree	Retain as locally significant	Advised by owner that tree is dead (Sept 2008). Confirmed by inspection and approved for removal.	Delete heritage listing
15	Mason Avenue, Cheltenham	Street trees	Delete heritage listing	Small group of trees have poor form and integrity; health compromised; includes declared noxious weed; common cultivated species and no significance.	Delete heritage listing
17	The Boulevarde, Cheltenham	Street trees	Retain as locally significant	The Study recognises that the integrity of the plantation is compromised by the need for regular lopping of the canopies under low overhead power lines, as well as supplementary plantings of other species.	Delete heritage listing
19	The Crescent, Cheltenham	Street trees	Delete heritage listing	Fragmented group of trees; poor form and integrity.	Delete heritage listing
27	College Crescent, Hornsby	Street trees	Retain as regionally significant	The Study acknowledges that the cultural plantings of Brush Box and Camphor Laurels (Group B) are not significant. It also acknowledges that the remnant BGHF trees (Group A) is a small stand and highly fragmented. Trees under stress from vehicle parking within root zones. Group A predominately within rail corridor and therefore, Council has limited management control.	Delete heritage listing
31	Hunter Street, Hornsby	Street trees	Delete heritage listing	Row of Brush Box highly compromised and fragmented; integrity affected by replacement plantings of other species; heavy pruning due to power lines.	Delete heritage listing
41	Denman Parade, Normanhurst	Street trees	Retain as locally significant	The Study acknowledges that integrity compromised by losses over time, fragmentation and heavy pruning of canopies due to power lines. The existing listing relates only to the Brush Box, and not the BGHF. The majority of BGHF is contained within Davidson Park, which is separately listed. The HAC comments that the Brush Box no longer warrants listing.	Delete heritage listing
48	Beecroft Road (opp. Observatory Park), Pennant Hills	Street trees (listed under Beecroft)	Delete heritage listing	Row plantation of Silky Oak in poor condition and overall decline; integrity compromised by infill planting of other species.	Delete heritage listing
49	Britannia Street, Pennant Hills	Street trees	Delete heritage listing	Small group planting of common trees; includes noxious weed; varying condition.	Delete heritage listing
53	Trebor Road, Pennant Hills	Trees	Delete heritage listing (include in expanded group listing)	Stand contains a mix of cultivated species and only a few specimens of remnant BGHF. Trees do not warrant heritage listing. Aim of the Review is to strengthen listings by reducing number of tree stands.	Delete heritage listing
54	Weemala Road, Pennant Hills	Street trees	Delete heritage listing	Numerous trees have poor condition, form and integrity; majority are small and stunted specimens; heavy pruning due to power lines; no heritage significance.	Delete heritage listing
55	Beresford Road, Thornleigh	Roadside trees (listed under Normanhurst	Delete heritage listing	Indigenous woodland species which are well-represented in the locality; compromised by introduced natives; does not warrant heritage listing.	Delete heritage listing
58	1A-1D Kentwell Avenue, Thornleigh	Trees	Delete heritage listing	Planting dating from the 1960s and well-represented in the locality; integrity compromised by pruning and tree removal.	Delete heritage listing
71	540 Pennant Hills Road, West Pennant Hills	Sydney Blue Gum	Delete heritage listing (include in expanded group listing)	The tree is not significant as an individual specimen and does not warrant heritage listing. Aim of the Review is to strengthen listings by reducing number of tree stands.	Delete heritage listing
77	Royston Parade, Asquith	Street trees	Upgrade to regional significance	The Study acknowledges heavy pruning to some canopies, and dominance of weeds with railway easement. The small tree stand is located predominantly within private properties of Nos. 24 and 29 Royston Parade, and accordingly, not protected by the existing listing.	Delete heritage listing
81	Pacific Highway, Berowra	Roadside trees	Delete heritage listing	Narrow, linear strip of fragmented and disturbed bushland; common vegetation community in the Sydney Region and well represented locally.	Delete heritage listing
82	Rawson Road, Berowra	Street trees	Delete heritage listing	Reduced to small number of scattered individuals; common vegetation community and well represented locally.	Delete heritage listing
84	106-112 Berowra Waters Road, Berowra Heights	Street trees (listed under Berowra)	Delete heritage listing	Two Monterey Pines not considered fine specimens; storm damaged and large amount of dead wood; other trees in group removed over time.	Delete heritage listing
85	Turner Road, Berowra Heights	Trees	Delete heritage listing	Trees generally poor form and integrity; other trees in group removed over time.	Delete heritage listing
86	Castle Hill Road, Castle Hill	Street trees	Delete heritage listing	The species composition and age structure of the stand common within the region; some trees exhibit die-back.	Delete heritage listing
88	35 McCusker Road, Cherrybrook	Garden (listed under 163 New Line Road)	Delete heritage listing	Loss of context due to demolition of associated house and subdivision; low visual impact; small scale and poor condition.	Delete heritage listing
96	52-54 Crosslands Road, Galston	Fruit trees	Retain as locally significant	Only regrowth saplings exist from original orchard; insufficient integrity to warrant listing. HAC does not support listing.	Delete heritage listing
98	599-601 Old Northern Road, Glenhaven	Roadside trees	Delete heritage listing	Significant loss of trees due to redevelopment (including road widening, services and access requirements); remaining trees exhibit storm damage, heavy lopping and extensive dead wood; in decline.	Delete heritage listing
100	107-127 Somerville Road, Hornsby Heights	Street trees	Delete heritage listing	Stand of Monterey Pines removed over time; single remaining tree in poor condition and exhibits dead wood.	Delete heritage listing
102	Belmont Parade, Mount Colah	Street trees	Retain as locally significant	The Study acknowledges the community is common and well represented in local reserves. Also a highly fragmented and modified group.	Delete heritage listing
B7	10 Berowra Waters Road, Berowra	House	Delete heritage listing	Significantly modified; historic photo verifies degree of change; context diminished. HAC does not support continued heritage listing.	Delete heritage listing
B8	36-38 Currawong Road, Berowra Heights	House	Delete heritage listing	Poor structural condition and substantially deteriorated; property no longer inhabited; termite damage. HAC does not support continued heritage listing.	Delete heritage listing
B14	16 Abuklea Road, Epping	Garden	Delete heritage listing	Garden elements lost due to redevelopment; context diminished. HAC does not support heritage listing.	Delete heritage listing
B33	333B Pennant Hills Road, Pennant Hills	Former garden of 333A	Retain as locally significant	The two subject trees within the access handle are protected under Council’s TPO. The property was subdivided from “Pomona” in 1982.	Delete heritage listing
B34	333C Pennant Hills Road, Pennant Hills	Former garden of 333A	Retain as locally significant	The two subject trees within the access handle are protected under Council’s TPO. The property was subdivided from “Pomona” in 1982.	Delete heritage listing
B45	45 Myra Street, Wahroonga	Garden	Delete heritage listing	Garden in poor condition and loss of context; Radiata Pines exhibit poor form and deadwood.	Delete heritage listing
B46	22 Pacific Highway, Wahroonga	House	Retain as locally significant	Poor structural condition; loss of context; within medium density zone; ongoing viability compromised.	Delete heritage listing

New Heritage Items for Inclusion:

Sixteen (16) additional heritage listings, comprising 1 tree listing and 15 built/cultural items are recommended for inclusion on Council’s heritage schedule. The following table provides a summary of the recommended inclusions:

ID	Property	Description	Study Recomm.	Comment	Recomm.
34	Palmerston Road, Hornsby	Street trees (not currently listed)	List as locally significant	The Study acknowledges the history of heavy pruning and trees under stress. However, the formal Brush Box planting outside of the hospital is significant in terms of its historic associations, visual, aesthetic and representative values.	List as locally significant
B3	41 Chapman Avenue, Beecroft	House	Add item as locally significant	Good example of the inter-war style. Built in 1921, side verandah added 1927 (also by Architect, William Laurie). Later sympathetic rear additions and subdivision of rear lot in 2004. Setting relatively intact.	List as locally significant
B4	3-5 Hannah Street, Beecroft	Retail Shops	Add item as locally significant	Early Beecroft shops, one of the pair has been substantially modified. HAC supports listing.	List as locally significant
B6	33 Wongala Crescent, Beecroft	Garden	Add item as locally significant	The Inter-War house is integral to the style of the front garden. HAC supports heritage listing and agrees that the house provides a context for the garden. Accordingly, both house and garden should be listed. The property is included in a National Trust publication of Inter-war gardens.	List as locally significant (house and front garden i.e. fence, gateway and rockery)
B9	Berrilee School, 5 Chilcott Road, Berrilee	Berrilee School Building	Add item as locally significant	Early school building with social significance. DA for on-site relocation approved subject to conditions. Community support for conservation of building provided by public submissions.	List as locally significant
B10	76 Cheltenham Road, Cheltenham	House	Add item as State significant	Good example of modernist concrete structure. State nomination unsuccessful, however local listing supported by the Heritage Council. HAC supports heritage listing. Community support for listing provided by public submissions.	List as locally significant
B15	17 Dorset Street, Epping	House	Add item as locally significant	Good example of Federation style and provides context for other heritage-listed properties in the street.	List as locally significant
B19	Hornsby Park, Pacific Highway, Hornsby	CWA Building	Item to be added to existing listing	P&L Team raises concern that listing would conflict with management of Hornsby Park and proposals for access to Quarry. However, the building has social and cultural significance due to its use by the CWA for an extended period.	List as locally significant
B20	Hornsby Quarry, Old Mans Valley, Hornsby	Sandstone Steps	Add item as locally significant	Depression era sandstone steps and publically accessible.	List as locally significant
B29	36 Hampden Road, Pennant Hills	House	Add item as locally significant	Intact and little altered example of the Federation period. Verandah infill on eastern side, but capable of restoration. HAC supports heritage listing.	List as locally significant
B30	40 Hampden Road, Pennant Hills	House	Add item as locally significant	Good example of a quality Federation house. Sympathetic extensions to the rear. HAC supports heritage listing.	List as locally significant
B38	79 Alexandria Parade, Wahroonga	House and Fence	Add item as locally significant	Intact example of two storey Inter-war period house; highly intact on substantial allotment.	List as locally significant
B40	58-60 Bundarra Avenue, Wahroonga	House and Garden	Add item as locally significant	Good example of 1930s dwelling. Sympathetic rear addition, south wing and garage extension, but original form clearly discernable. Retains setting on substantial allotment, although south and rear subdivided.	List as locally significant
B41	64 Bundarra Avenue, Wahroonga	House	Add item as locally significant	Circa 1937-43 dwelling. Intact example and prominent corner position. Representative of quality development within “Wahroonga Heights Estate”.	List as locally significant
B43	15 Ingalara Avenue, Wahroonga	House and Garden	Add item as locally significant	Good example of the modern style, rare within the Shire. Circa 1943-55. HAC supports heritage listing.	List as locally significant
B44	22 Ingalara Avenue, Wahroonga	House	Add item as locally significant	Good example of architectural circa 1937-43 house (inventory incorrectly provides earlier date).	List as locally significant

Existing Heritage Items for Retention/No Change:

Of the 150 items reviewed within the Study, it is recommended that 75 heritage listings be retained which are currently identified as locally significant. As such, these listing do not require amendment as part of a future amending LEP. The 75 heritage listings comprise of 72 tree listings and 3 built/cultural items. The tree listing are too numerous to summarise within the report. The following table provides a summary of the built/cultural items recommended for retention:

ID	Property	Description	Study Recomm.	Comment	Recomm.
B17	1523 Old Northern Road, Glenorie	House	Retain as locally significant	Maintains heritage significance. HAC supports heritage listing.	Retain local listing
B21	352 Pacific Highway, Hornsby	House	Retain as locally significant	Maintains heritage significance and sympathetic addition undertaken. Change of ownership since request for delisting.	Retain local listing
B36	9 Station Street, Thornleigh	House	Retain as locally significant	Maintains heritage significance and sympathetic addition undertaken. Change of ownership since request for delisting.	Retain local listing

Items not to be Progressed to Heritage Listing, or Deferral:

Of the items nominated for inclusion as heritage items, it is recommended that 18 built/cultural items not be progressed to heritage listing. The following table provides a summary of the items recommended not to be progressed:

ID	Property	Description	Study Recomm.	Comment	Recomm.
B1	23 Bay Road, Arcadia	Farmhouse	Add item as locally significant	Significantly modified; insufficient justification to warrant heritage listing. Structure converted to storage area under DA/261/2004 to provide for new dwelling-house. HAC does not support heritage listing.	Do not list
B2	109 Beecroft Road, Beecroft	Beecroft Fire Station	Add item as locally significant	Building not of historical/social significance in itself; long-term requirements of RFS to be considered; insufficient justification to warrant heritage listing. HAC does not support heritage listing.	Do not list
B5	16-24 Hannah Street, Beecroft	Module Shopping Complex	Add item as locally significant	Does not accord with predominately Federation and Inter-War character of the HCA. HAC does not support heritage listing.	Do not list
B12	51 Grantham Crescent, Dangar Island	House and Boatshed	Add item as locally significant	Substantially modified over time; poor presentation; similar historical foundation to much of Dangar Island; insufficient justification to warrant heritage listing. HAC does not support heritage listing.	Do not list
B13	431 Galston Road, Dural	Barn/Stables	Item to be added to existing listing	Owner claims poor condition, roof modified and side removed. Substantial modifications in 1970s and more recently. Previously considered as Heritage Review Stage 2 and not progressed (wherein it was noted that original construction accounts for less than 35% of structure).	Do not list
B16	3 Pembroke Street, Epping	St. Albans Rectory	Add items as locally significant	Important design by architect, Leslie Wilkinson. Also has social and cultural associations with local community. However, poor structural condition.	Do not list
B25	29 Hampden Road, Pennant Hills	House	Add item as locally significant	House in poor structural condition; integrity compromised; potential for long term conservation cost prohibitive. It is not prudent to list the item in view of its structural problems and the limited justification provided within the Study.	Do not list
B26	30 Hampden Road, Pennant Hills	House	Add item as locally significant	Modest example of the period; limited period detail; insufficient justification to warrant heritage listing. HAC does not support heritage listing.	Do not list
B27	32-34 Hampden Road, Pennant Hills	House	Add item as locally significant	Substantial additions, tennis court and detached triple garage. Extensive renovation and much original detail replaced.	Do not list
B28	35 Hampden Road, Pennant Hills	House	Contributory element of HCA	Representative example of the Inter-war period. However, insufficient justification to warrant individual heritage listing.	Do not list
B31	43 Hampden Road, Pennant Hills	House	Add item as locally significant	Comparable examples common within the Shire. Modifications such as in filled porch and extensive carport detract from streetscape presentation.	Do not list
B37	32 The Esplanade (cnr. Goodlands Ave ), Thornleigh	House	Add item as locally significant	Substantially modified, including concrete verandah, fibro in filled verandah (side) and later windows. Connection with Mark Foy, prominent retailer, needs to be verified and likely to be insufficient to warrant heritage listing. Study acknowledges poor condition of structure.	Do not list
B39	89 Alexandria Parade, Wahroonga	House and Garden	Add item as locally significant	Substantial modifications over time; integrity compromised; insufficient justification to warrant heritage listing. HAC does not support heritage listing.	Do not list
B42	4 Highlands Avenue, Wahroonga	House	Do not list	Property no longer in existence; demolished with Council consent.	Do not list
B47	58 Woonona Avenue, Wahroonga	House	Add item as locally significant	Subject to approved subdivision; streetscape presentation and heritage setting will be negatively affected.	Do not list
B48	60 Woonona Avenue, Wahroonga	House	Add item as locally significant	Garage/terrace addition forward of the dwelling detracts from its streetscape presentation. The southern colonnade has also been in filled. Approved subdivision adjacent (No. 58) may further restrict sightlines to house.	Do not list

It is further recommended that two built/cultural items be deferred to enable future assessment, as follows:

ID	Property	Description	Study Recomm.	Comment	Recomm.
B23	80 Norfolk Road, North Epping	House and Garden	Add item as locally significant	DA approved for two storey addition at rear (DA/433/2008) involving an amended roof form. Site constrained and setting affected by subdivision of original allotment.	Defer listing pending completion of approved additions
B24	108 Bellamy Street, Pennant Hills	House and Garden	Add item as locally significant	The HAC supports the heritage listing of the 1970s Petit and Sevitt house. The listing would represent the first of this style and era within the Shire. Accordingly, it is recommended that the matter be deferred pending a comparative analysis of other Pettit and Sevitt items, as well as Cherrybrook Parade of Homes.	Defer listing pending comparative Pettit and Sevitt study

Heritage Items Requiring Amendment:

Eight (8) existing heritage listings are recommended for amendment. The following table provides a summary of the recommended amendments to existing listings:

ID	Property	Description	Study Recomm.	Comment	TPS Recomm.
57	22-56 Hillmont Road, Thornleigh	Trees (Nos. 40-56 listed)	Retain as locally significant and expand listing	Involves expanded listing of No. 22 onwards; currently only Nos. 40-56 are listed. The stand occupies the rear of properties along this portion of Hillmont Road.	Retain as locally significant and expand listing
90	Grantham Crescent, Dangar Island	Blackbutt trees	Retain as regionally significant	Regional level of significance is no longer recognised.	Change listing to locally significant
92	1169-1171 Old Northern Road, Dural	“The Trees” (the windbreak is listed under Middle Dural)	Retain as locally significant	The Study combines the separate listing for a windbreak of Monterey Pines (within the road reserve) and the private property featuring listed house and plantings. The Study confirms the pines are in decline.	Delete heritage listed windbreak (retain heritage listed house/garden)
B11	Muogamarra Nature Reserve Pacific Highway, Cowan	Peats Ferry Road Remains	Item to be added to existing listing.	Consultation undertaken with Local Studies Coordinator, Geoff Ford and Tom Richmond in mapping the relics associated with Peats Ferry Road. HAC supports revision of existing heritage listing to include recently located relics.	Item to be added to existing listing
B18	Berowra Valley Regional Park, Hornsby	Depression Era Sites	Item to be added to existing listing	Map sites and consolidate known history of the Berowra Valley Regional Park.	Item to be added to existing listing
B22	Old Telegraph Road, Maroota	Great North Road Relics	Item to be added to existing listing	Map site and consolidate known history. HAC supports heritage listing.	Item to be added to existing listing
B32	19 Orchard Street, Pennant Hills	Baden Powell Scout Centre (buildings)	Item to be added to existing listing	Inventory revision would articulate which are the earliest buildings/elements (particularly those from depression era, i.e. camping flats, chapel, paths/gardens). HAC supports continued heritage listing.	Item to be added to existing listing
B35	De Saxe Close, Thornleigh	Quarry and Zigzag Railway Track	Item to be added to existing listing	Map site and consolidate known history.	Item to be added to existing listing.

Deletion of Trees from the Heritage List

The review of heritage listed trees was undertaken in recognition that tree groups may have been affected by natural attrition and spot removals since their assessment as items of heritage significance as part of Council’s initial Heritage Study in 1993. The review also aims to enhance the integrity of the heritage schedule by listing the most significant examples and reducing the number of tree stands listed.

The deletion of 26 tree listings is recommended. However, deletion from the heritage list does not infer consent for the removal of trees. The majority of these trees would continue to be protected by Council’s Tree Preservation Order, wherein a tree application would be required for any future removal.

Regional Level of Significance

The Department of Planning (Heritage Branch) no longer recognises the regional level of significance for heritage items. Assessments of heritage significance should identify items as having local, state, national or international significance. Accordingly, where the existing heritage list identifies an item as having regional significance, or the Heritage Review recommends regional significance, this report recommends the item be identified as locally significant.

Heritage Inventory Sheet Revision

For each heritage item, Council maintains a Heritage Inventory Sheet which identifies the significance of the property or item. The Study contains draft Inventory Sheets for each item reviewed. At is meeting on 2 February 2009, the Heritage Advisory Committee reviewed submissions received during the exhibition and recommended the revision of a number of Heritage Inventory Sheets.

The revision of Heritage Inventory Sheets is currently being undertaken by the Town Planning Services Branch with the assistance of the Local Studies Library. The revised Inventory Sheets will be reported to Council upon consideration of the Annual Amending LEP.

Department of Planning Advice

In accordance with the Council’s resolution on 20 February 2008, advice from the Department of Planning concerning progression of the recommendations of the Heritage Review has been sought. In March 2009, representatives of the Department advised Council to progress the recommendations of Heritage Review Stage 4 in an Annual Amendments LEP. Should Council endorse the recommendations of this report, a further report would be presented to Council concerning the Annual Amendments LEP.

Draft LEP Concerning East Epping and Essex Street Heritage Conservation Areas

In January 2003, draft LEP (Amendment No. 76) for the establishment of the East Epping and Essex Street Heritage Conservation Areas was forwarded to the Department of Planning for gazettal. The Department has advised that the draft LEP would be unlikely to be progressed on account of the perceived conflict between Heritage Conservation Areas and urban consolidation principles, particularly in view of the forthcoming Epping Town Centre Study.

The draft LEP also includes the nomination of 14 properties for heritage listing. These properties were assessed as part of the East Epping Conservation Evaluation and Review Study (2001) and were subsequently endorsed by Council for heritage listing. The properties are as follows:

Address	Suburb	Description	Significance
50 Dorset Street	Epping	House	Local
6 Essex Street	Epping	Boy Scout Hall	Local
42 Essex Street	Epping	“Wurundjer”	Local
86 Essex Street	Epping	House	Local
3 Norfolk Road	Epping	House	Local
39 Norfolk Road	Epping	House	Local
41 Norfolk Road	Epping	House	Local
43 Norfolk Road	Epping	“Montrose”	Local
83 Norfolk Road	North Epping	House	Local
85 Oxford Street	Epping	House	Local
91 Oxford Street	Epping	House	Local
8 Surrey Street	Epping	House	Local
18 Surrey Street	Epping	House	Local
33 Surrey Street	Epping	House	Local

In March 2009, representatives of the Department of Planning advised Council to progress the 14 properties for heritage listing as part of an Amendments LEP to implement the recommendations of Heritage Review Stage 4. Accordingly, this report seeks Council’s endorsement to progress the heritage items as part of an Annual Amending LEP.

CONSULTATION

In accordance with Council’s resolution, the Study has been exhibited for a minimum period of three months in accordance with the consultation strategy outlined in Executive Manager’s Report No. PLN32/08. The Consultation Strategy included letters to property owners and nominees advising of the exhibition. The exhibition also involved advertisements in local newspapers, Council’s website, and displays at Council’s Administration Centre and libraries.

Council’s Development Assessment, Subdivision, Parks and Landscape, Bushland and Biodiversity, and Property Development Teams were consulted during the exhibition. Parks and Landscape, Bushland and Biodiversity Teams provided written comment concerning the Study.

Council’s Heritage Advisory Committee was also consulted on numerous occasions in respect to the items to be investigated as part of review, the findings of the Study, and a review of submissions. The Committee’s recommendations are outlined within the summary table (copy attached).

TRIPLE BOTTOM LINE SUMMARY

Triple Bottom Line is a framework for improving Council decisions by ensuring accountability and transparency on social, environmental and economic factors. It does this by reporting upon Council’s strategic themes.

A Triple Bottom Line summary was provided in the previous report to Council, Executive Manager's Report No. PLN32/08, dated 20 February 2008.

RECOMMENDATION

THAT

1. Council endorse the recommendations of Executive Manager’s Report No. PLN22/09 to include, remove and amend items on the heritage list and progress as part of an Annual Amending LEP.

2. Council investigate inclusion of the following items for heritage listing as part of the next Heritage Review:

2.1 Two (2) Eucalypt trees within Hillcrest Road, Pennant Hills; and

2.2 Bottle Tree at No. 164 Ray Road, Epping.

3. All persons who made submissions and affected property owners be advised of Council’s resolution.

James Farrington

Manager - Town Planning Services

Planning Division

Scott Phillips

Executive Manager

Planning Division