Agenda of Planning Meeting

Planning Report No. PLN4/10

Date of Meeting: 7/04/2010

1 DEVELOPMENT APPLICATION - RESIDENTIAL ALTERATIONS & ADDITIONS
LOT 18 NEVERFAIL BAY, BEROWRA CREEK

Development Application No:	DA/1215/2009
Description of Proposal:	Alterations and Additions to an Existing Dwelling.
Property Description:	Lot 18 DP 26377 Neverfail Bay, Berowra Creek
Applicant:	Archwood Design
Owner:	Mrs G Watkins
Statutory Provisions:	Environmental Protection E (River Settlements) zone
Estimated Value:	$220,000
Ward:	A

RECOMMENDATION

THAT Development Application No. 1215/2009 for alterations and additions to an existing dwelling at Lot 18 DP 26377 Neverfail Bay 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 an existing dwelling.

2. The proposal does not comply with the floor space ratio development standard contained in the Hornsby Shire Local Environmental Plan for the Environmental Protection E (River Settlements) zone. The applicant’s objection to the standard, submitted pursuant to State Environmental Planning Policy No. 1 – Development Standards, is considered well founded in accordance with established legal principle and is supported.

3. The proposal complies with the Sydney Regional Environmental Plan No. 20 Hawkesbury Nepean River, the Hornsby Shire Local Environmental Plan 1994 (HSLEP) and is generally consistent with the River Settlements Development Control Plan. There is a non compliance with the ‘Height’ and ‘Design’ elements of the River Settlements Development Control Plan, however the non compliances would not have any significant impact and the variation is supported in this report.

4. One submission was received in respect of the application.

5. It is recommended that the application be approved.

HISTORY OF THE SITE

On 13 June 1990, DA/19/1990 was approved for the construction of a jetty, ramp and pontoon.

On 13 March 1992, BA/2351/1991 was approved for the construction of a dwelling.

THE SITE

The site has an area of 682.9 square metres and is located on the Hawkesbury River at the southern end of the Neverfail Bay precinct. The site is a rectangular shaped allotment with a frontage of 15 metres to the river and a depth of 46 metres. The site has a southern aspect and experiences a steep fall to the river with an average gradient of 45%.

Existing development on the site comprises a two storey weatherboard dwelling with a floor area of 124 square metres. The existing dwelling is setback 22 metres from the Mean High Water Mark (MHWM), 2.6 metres from the western side boundary and 1.5 metres from the eastern side boundary. The ground level of the dwelling contains a kitchen, bathroom, living/dinning area and deck, whilst the first floor contains two bedrooms, a gallery and an additional deck.

The site is accessed from a jetty at the waterfront and is not accessible by road. The site is densely vegetated and contains a number of exotic, native planted and locally indigenous trees.

Adjoining the eastern and northern boundary of the site is Lot 17 which contains a heritage listed dwelling. Other surrounding development within the Neverfail Bay precinct comprises one and two storey dwellings, some of which are setback from the river and others that are located at the river front.

THE PROPOSAL

The proposal involves alterations and additions to the existing dwelling as follows:

· Addition of a lower ground floor level comprising a bedroom, ensuite, wardrobe and laundry.

· Addition of a sitting room and dining room at the ground level.

· Demolition of the existing deck at ground level and construction of a new deck to adjoin the proposed additions.

· Demolition of the existing external staircase on the eastern elevation of the dwelling and construction of an enclosed staircase in the same location.

The proposed alterations would result in an approximate doubling of the floor area to 246.8 square metres.

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.

2. STATUTORY CONTROLS

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

2.1 Hornsby Shire Local Environmental Plan 1994

The subject land is zoned Environmental Protection E (River Settlements) Zone under the Hornsby Local Environmental Plan 1994 (HSLEP). The objectives of the zone are:

(a) to protect the natural environment of sensitive areas within the catchment of the Hawkesbury River.

(b) to accommodate low density housing that is consistent with the environmental sensitivity, infrastructure limitations and address limitations of the area.

(c) to protect the scenic quality and water quality of the area and promote development that is within the environmental capacity of the area.

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

The proposed addition to the dwelling would have no significant impact on the environmentally sensitive area subject to conditions for sediment and erosion controls, waste water management and excavation procedures. The proposal complies with objective (a) in this regard.

The proposal would maintain the low density residential character of the area as the proposal would not be visible from the water front and would not significantly alter the building envelope of the dwelling. The proposal is within the servicing capacity of the locality and the proposal complies with objective (b) of the zone.

The proposal would not detrimentally impact on the scenic quality of Berowra Creek as the dwelling and proposed extension would not be highly visible from the waterfront. The proposal would be within the environmental capacity of the area and would have minimal impact on water quality subject to conditions. The proposal complies with objective (c) in this regard.

2.1.1 Clause 9: Landform Modification

The objective of this Clause is to control the soil erosion, sedimentation, tree loss and drainage impacts associated with landform modification. The proposed alterations and additions require excavation work to accommodate the lower level addition. Conditions have been recommended regarding suitable disposal of excavated material, implementation of sediment and erosion controls and methods for waste water disposal. Subject to these conditions the proposal is satisfactory with respect to this Clause.

2.1.2 Clause 10: Services

The objective of this Clause is to ensure that all development has adequate water and sewage services. The existing onsite waste water system was assessed as sufficient to accommodate the proposed additions subject to modifications to the current effluent disposal area. A condition has been recommended for all waste water generated from the development to be connected to the existing on-site sewage management system and a further condition has been recommended for the development to proceed in accordance with the recommendations within the effluent disposal report submitted as part of this application. Subject to these conditions the site would have adequate services to accommodate the proposed development.

2.1.3 Clause 15: Floor Space Ratio

Clause 15 of the HSLEP prescribes that the maximum FSR of development within the Environmental Protection E (River Catchment) Zone is 0.3:1. The proposed alterations and additions would result in a FSR of 0.36:1, exceeding the maximum permissible FSR. The applicant has submitted an objection pursuant to State Environmental Planning Policy No. 1 – Development Standards (SEPP 1) and this is addressed in Section 2.2 of this report.

2.1.4 Clause 18: Heritage

Clause 18 of the HSLEP sets out heritage conservation provisions within the Hornsby area. The property is located within the vicinity of Lot 17 DP 26377, Neverfail Bay, Berowra Creek which is listed as a heritage item (“Capo di Monte”) of Local significance under the provisions of Schedule D (Heritage Items) of the HSLEP. The proposed works would be located at a sufficient distance from the heritage item that the proposal would not adversely impact upon the significance of the heritage listed property. Accordingly, no concerns are raised to the proposal on heritage grounds and the proposal is acceptable with respect to this Clause.

2.1.5 Clause 20A – Acid Sulfate Soils

Clause 20A of the HSLEP prescribes that an acid sulphate management plan is required for development within designated areas affected by acid sulphate soils. An acid sulphate soil investigation was submitted to Council which did not reveal the presence of actual or potential acid sulphate soils. Accordingly, no further consideration of this clause is required.

2.2 State Environmental Planning Policy No. 1 – Development Standards

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

The FSR development standard of the Environmental E (River Settlements) zone has reduced from 0.4:1 to 0.3:1 as part of a recent amendment to the HSLEP. The application was lodged in September 2009 well before the amendment of the HSLEP on 29 December 2009. The amendment did not include savings provisions for applications lodged prior to the amendment date. The proposed development would result in a FSR of 0.36:1 and the applicant has therefore submitted a SEPP 1 objection against the adherence to the revised FSR standard.

The Land and Environment Court has expressed the view that there are five different ways in which an objection may be well founded and that approval of the objection may be consistent with the aims of the policy:

1. The objectives of the standard are achieved notwithstanding non-compliance with the standard;

2. The underlying objective or the purpose of the standard is not relevant to the development and therefore compliance is unnecessary;

3. The underlying object of purpose would be defeated or thwarted if compliance was required and therefore compliance is unreasonable;

4. The development standard has been virtually abandoned or destroyed by the Council’s own actions in granting consents departing from the standard and hence compliance with the standard would be unnecessary and unreasonable.

5. The zoning of the particular land is unreasonable or inappropriate so that a development standard appropriate for that zoning is also unreasonable and unnecessary as it applies to the land and compliance with the standard would be unreasonable or unnecessary. That is, a particular parcel of land should not have been included in the particular zone.

It is considered that the first of the above points is a relevant matter to consider in respect of this application.

The objective of the FSR standard as stated in the HSLEP is:

‘To control the intensity and scale of development of land so that development will be in accordance with the lands environmental capacity and zone objectives’.

The proposal would be consistent with the objectives of the FSR standard of the HSLEP as the proposal is consistent with the zone objectives of the Environmental Protection E (River Settlements) zone as addressed in Section 2.1 of this report. Furthermore, the proposal is considered acceptable in terms of intensity and scale as the additions would not significantly alter the building footprint, height and appearance of the dwelling. Whilst the proposal exceeds the maximum permissible floor area, the site coverage is just 19% and is well within the maximum permissible 30% site coverage requirement. The scale of the development is also in keeping with the bulk, scale and intensity of the existing dwellings on Berowra Creek. The proposed development is considered to be within the environmental capacity of the site and would have minimal impact on the natural environment subject to conditions. In this regard the proposal achieves the objectives of the FSR standard and the non compliance is considered well founded.

The applicant submits that strict compliance with the FSR requirement is unreasonable and unnecessary for the following reasons:

· The proposed lower and ground floor additions are compatible with the scale and massing of the existing dwelling. The proposal presents no change to the maximum building height with the lower ground floor contained in the existing undercroft and the ground floor generally within the existing building envelope.

· The non-complying (41.93m2) floor area is contained within the undercroft and does not contribute to bulk and scale.

· The development application was made prior to the amendment to the Hornsby LEP and below the FSR of 0.4:1 being the applicable development standard when the application was lodged with Council.

· The proposed additional floor area will not impact on the scenic or environmental qualities of the locality with the proposed addition presenting an acceptable built form for this water/foreshore property.

· The proposed additional floor area will have no impact on the natural site features, existing trees/vegetation surrounding the dwelling or generate additional storm water run-off resulting in minimal impacts (if any) on the water catchment.

· The proposed lower and ground floor addition will not obstruct water views from the adjoining properties or the bushland reserve.

· The proposal will not result in additional amenity impacts to the adjoining residential properties with regard to overshadowing or loss of privacy. The additions to the dwelling are located on the southern and eastern elevations and below the existing ridge ensuring that the gable roof form accommodating the ground floor additional and stair void (east elevation) will not generate additional overshadowing to the adjoining properties between 9am and 3pm at mid winter. The sitting and dining room additions at the ground floor are oriented to the south to maximise water and foreshore views and will not directly overlook main living rooms of the adjoining properties.

· The dwelling subject to the alterations and addition is compatible with the scale and density of housing in the locality.

· The proposed alterations and additions to the dwelling meet the Density objective and performance criteria contained in Part 3 – DCP River Settlements and the Scale provisions contained in DCP – Dwelling Houses. The bulk and scale of the dwelling subject to the alterations and additions is consistent with the bulk, scale and intensity of residential development fronting Berowra Creek.

It is considered that the applicant’s SEPP 1 submission is well founded and that compliance with the development standard would be unreasonable and unnecessary in the circumstances of the case. Accordingly, the SEPP 1 objection is supported.

2.3 Sydney Environmental Planning Policy (Building Sustainability Index: BASIX) 2004

State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 applies to the State and aims to ensure consistency in the implementation of the BASIX scheme throughout the State. A BASIX certificate was submitted with the application in accordance with this Policy.

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

The application has been assessed against the requirements of Sydney Regional Environmental Plan No. 20. Hawkesbury-Nepean River (SREP 20). This Plan provides State-wide planning controls for the protection of the Hawkesbury – Nepean River system including its visual and aquatic quality. The relevant matters of this Plan are discussed below.

2.4.1 Total Catchment Management

The Plan prescribes that consideration be given to environmental impact of development proposals on the catchment.

The proposed additions would be sufficiently setback from the river and conditions have been recommended to ensure the development would be carried out with minimal impact on the catchment.

2.4.2 Environmentally Sensitive Areas

The Plan requires the quality of environmentally sensitive areas to be protected and adverse impacts on water quality to be minimised.

Neverfail Bay is identified as an environmentally sensitive area due to its location within the riverine corridor of the Hawkesbury River, riparian land, vegetation and habitats and scenic qualities. The proposed development would maintain an extensive front setback from the foreshore and would be nestled amongst existing trees.

The proposal would require excavation work to accommodate the addition of a lower ground floor level. A preliminary study submitted to Council did not reveal the presence of acid sulphate soils. To ensure the protection of the environmentally sensitive areas, conditions have been recommended regarding excavation and for sediment and erosion control measures to be implemented.

The proposal is consistent with the strategies of SREP No. 20 with respect to ‘Environmentally sensitive areas’, subject to conditions.

2.4.3 Water Quality

All waste water generated from the development would be connected to the existing on-site sewage management system servicing the site. Subject to conditions the proposal would have minimal impact on the water quality of the Hawkesbury Nepean Catchment.

2.4.4 Cultural Heritage

The site is located adjacent to a dwelling listed as an item of heritage significance under Schedule D of the Hornsby Shire LEP. As addressed in Section 2.1.4 of this report, the proposed additions would have no detrimental impact on the heritage significance of the site.

There is no evidence to suggest the site contains any Aboriginal artefacts, relics or sites.

2.4.5 Flora and Fauna:

The proposal would necessitate the removal of three trees from the site, none of which have been identified as significant. The removal of the trees is considered acceptable to accommodate the proposed extension and conditions for replacement tree planting have been recommended. The extensive front setback would allow for the protection of foreshore vegetation and habitat.

2.4.6 Riverine Scenic Quality

The Plan requires that the scenic quality of the riverine corridor is protected by way of ensuring areas of extensive, prominent or significant vegetation are maintained.

The proposal would not necessitate the removal of any significant or prominent vegetation from the site. Three trees would be required for removal to accommodate the proposed development and conditions for replacement planting have been applied to maintain canopy cover. The proposed development would not detract from the scenic quality of the area as the extensive front setback allows for the protection of the dense foreshore vegetation which screens the development.

The Plan also requires that the proposed development is consistent with the landscape character as described in the Scenic Quality Study. The Scenic Quality Study identifies the site to be located within Landscape Unit 4.2.5 - Berowra Creek. The landscape character of the area is described as:

‘A largely natural wooded drowned valley environment with clustered housing near water level harmoniously complementing the natural environment. Small scale low density maritime retreat environment, generally modest in form, featuring traditional and more modern dwellings clustered at water level’.

The proposed extensions to the ground floor and the addition of a lower ground level would not be visible from the waterfront due to the existing dense vegetation on the site and substantial setback from the water. Whilst the existing dwelling and proposed extensions are not at water level in accordance with the landscape character of the area described above, the proposal is considered harmonious with the natural environment. Three trees would be required for removal to accommodate the proposed development and replacement planting has been recommended. It is considered that proposal is generally consistent with the landscape character as outlined in the Scenic Quality Study.

The Plan requires consideration of the siting, setback, orientation, size, bulk and scale of and the use of unobtrusive, non-reflective material on any proposed building or work. The existing dwelling is setback 22 metres from the front boundary and the proposed additions would reduce the front setback to 20 metres. The siting, setback and orientation of the proposal to the riverfront is considered suitable for the site. The proposal would not result in a development that is unreasonable in size, bulk and scale. The design and scale of the development is further addressed Section 2.3.2 and 2.3.3 of this report.

The proposal is consistent with the provisions of SREP 20 and the proposal is considered acceptable in this regard.

2.5 River Settlements Development Control Plan

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

River Settlements Development Control Plan
Control	Proposal	Requirement	Compliance
Site Area	682.9m²	N/A	N/A
Floor Area	246.8m²	N/A	N/A
FSR	0.36:1	0.3:1	No
Site Cover	19%	30%	Yes
Height	3 storeys	2 storeys	No
Cut and Fill	2.4m	1m	No
Setbacks Front / Berowra Creek Side (east) Side (west) Rear	20m 1m 2.8m 14m	2m 1m 1m 3m	Yes Yes Yes Yes

As detailed in the above table, the proposed development does not comply with a number of the prescriptive standards within the River Settlements DCP. The relevant matters of the Plan are addressed below.

2.5.1 Floor Space Ratio

The proposed development does not comply with the 0.3:1 FSR requirement of the Environmental Protection E (River Settlements) zone. This matter has been addressed in Section 2.2 of this report.

2.5.2 Height

The existing dwelling on the site is two storeys in height. The proposal includes excavation into the subfloor level to create a lower ground level and would therefore result in a three storey dwelling.

The prescriptive measure of the ‘Height’ element of the River Settlements DCP requires that dwelling height should not protrude above the tree canopy and should generally not exceed two storeys above natural ground level. The proposed additional level is considered acceptable given that the addition is located beneath the existing dwelling and would not alter the height of the dwelling. The dwelling would not appear visually obtrusive as the existing dense vegetation screens the dwelling from the waterfront.

The proposal also involves the addition of a deck, sitting room and dining room on the ground floor level. The colourbond roof that would form part of these additions would extend forward of the existing dwelling. The roof would reach a maximum height of 10 metres from the natural ground level as a result of the steep topography of the site and the location of the extension to the front of the dwelling. Whilst the additions may increase the height of the structure from the natural ground level, the roof addition would not protrude above the tree canopy or the roof line of the existing dwelling. The roof has been designed to match the roof pitch of the existing gabled windows serving the first floor. The roof would have the appearance of a light weight structure and would not appear excessive in bulk and scale.

Concerns were raised in a community submission regarding the scale of the additions at the front of the dwelling. The height of the proposed addition would not unreasonably restrict sunlight to adjoining properties The proposed addition would be consistent with the setbacks of the dwelling on the western adjoining property and would therefore not adversely impact on views and vistas enjoyed by this property.

The height of the additions is considered reasonable given the steep topography of the site and the consistency with surrounding development within Berowra Creek.

2.5.3 Design

The proposed development does not comply with the prescriptive measures of the ‘Design’ element of the River Settlements DCP which requires cut and fill to not exceed 1 metre. The proposal would result in a 2.4 metre cut and the deepest point to accommodate the lower ground floor level.

Whilst the cut does not comply with Council’s prescriptive standards, the non compliance occurs within a small section of the site and is considered acceptable given the steep topography of the site. The excavation work is required for the rear portion for the proposed lower ground floor level, whereas the majority of the lower ground floor level would be elevated above the natural ground level and supported by piers.

The proposed cut and addition of a lower ground level is not considered to have any significant impact on adjoining properties as it would not significantly increase the perceived bulk and scale of the dwelling. The non-compliance with the 1m maximum standard is considered acceptable as excavation is unavoidable due to the gradient of the site and excavated areas would be screened by the proposed dwelling.

The proposal is considered to have no detrimental impact on the character and amenity of the area and the proposal is considered acceptable with respect to design.

2.5.4 Privacy

The existing dwelling comprises a deck at the front of the dwelling adjoined to the ground floor level. This deck is proposed to be demolished and the construction of a siting room, dining room and deck is proposed as an extension to the ground level. The proposed deck would be set forward 3 metres from of the location of the existing deck.

Concerns have been raised in a community submission regarding the perceived privacy impacts of the proposed development.

Whilst the proposed deck would be elevated above natural ground, this is considered acceptable given the steep topography of the site and the orientation of the deck toward the river. Decks of this nature are not uncommon along river front properties. The deck would be located 5 metres from the western boundary and would be located approximately 9 metres from the dwelling on the western adjoining property. These setbacks along with the existing vegetation on the site are considered adequate to ensure any privacy impacts resulting from the development would not be significant.

The proposed development would maintain the existing 2.8 metre side setback to the western boundary. The proposed additions to the front / southern elevation would result in a development generally consistent with the front setbacks of the dwelling on the western adjoining property. The proposed additions do not restrict views of the western adjoining property and are not considered to significantly impact on privacy and amenity.

The proposed additions comprise aluminium framed louvered windows serving the sitting room and dining room on the ground floor and a bedroom on the proposed lower ground level. These windows are located on the western and eastern elevation of the dwelling and are orientated to capture the views of the river rather than looking onto adjoining properties. The proposed development is considered not to significantly impact on the views and privacy of adjoining properties and is acceptable in this regard.

2.6 Sustainable Water Development Control Plan

The proposed development has been assessed having regard to the provisions of the Sustainable Water Development Control Plan. This has been addressed in Section 2.3 of this report.

2.7 Waste Minimisation and Management Development Control Plan

The application included a waste management plan in accordance with the Waste Minimisation and Management Development Control Plan and is assessed as satisfactory.

2.8 Heritage Development Control Plan

No concerns have been identified on heritage grounds as addressed in Section 2.1 of this report.

3. ENVIRONMENTAL IMPACTS

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

3.1 Natural Environment

The proposed development would necessitate the removal of three trees from the site. None of the trees identified for removal have been identified as significant. The proposed removal of the trees is considered acceptable to accommodate the proposed alterations and a condition has been recommended for replacement planting on the site to maintain canopy cover.

The proposed development would not have any significant on natural environment subject to conditions relating to excavation, land fill and sediment and erosion controls being implemented.

Consideration of the proposals impact on the natural environment has been addressed under SREP 20 in Section 2.3 of this report.

3.2 Built Environment

The existing dwelling is setback 22 metres from the water front and the proposed additions would result in a setback of 20 metres. The proposed additions are sufficiently setback from the crest of the river and would be screened by existing landscaping within the site.

The proposal is considered acceptable with respect to the built environment as addressed in Section 2.3 of this report.

3.3 Social Impacts

There would be no negative social impacts resulting from the development.

3.4 Economic Impacts

There would be no negative economic impacts resulting from the development.

4. SITE SUITABILITY

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

4.1 Bushfire Risk

The land is identified as being subject to bushfire risk and consequently, the application was referred to the NSW Rural Fire Service for comment. The Rural Fire Service raised no objection to the proposal subject to conditions relating to design and construction and the maintenance of an asset protection zone.

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 15 October 2009 and 5 November 2009 in accordance with Council’s Notification and Exhibition Development Control Plan. During this period, Council received one submission. The map below illustrates the location of those nearby landowners who made a submission that are in close proximity to the development site.

NOTIFICATION PLAN

• PROPERTIES NOTIFIED

X SUBMISSIONS

RECEIVED

PROPERTY SUBJECT OF DEVELOPMENT

One submission objected to the development, generally on the grounds that the development would result in:

· A dwelling that is excessive in height and scale.

· A development that would impact on the privacy of adjoining properties.

The merits of the matters raised in the community submission have been addressed in Section 2.3.1 and 2.3.3 of this report. Whilst the submission raised relevant concerns, these concerns are not considered grounds for the refusal of the application.

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 alterations and additions would be in the public interest.

CONCLUSION

The application proposes the alterations and additions to an existing dwelling.

The proposal does not comply with the floor space ratio development standard contained in the Hornsby Shire Local Environmental Plan for the Environmental Protection E (River Settlements) zone. The applicant’s objection to the standard, submitted pursuant to State Environmental Planning Policy No. 1 – Development Standards, is considered well founded in accordance with established legal principle and is supported.

The proposal is assessed as satisfactory against Section 79C of the Act, SREP 20 and is generally consistent with the HSLEP and the River Settlements Development Control Plan. The proposal does not comply with the prescriptive measures for ‘Density’, ‘Height’ and ‘Design’ in the River Settlements DCP, however these non compliances would not result in any significant impact and the variation is supported. The proposal would not result in adverse social, environmental or economic impacts in the area and approval of the proposal is recommended.

Rod Pickles

Manager - Assessment Team 2

Planning Division

Scott Phillips

Executive Manager

Planning Division

Attachments:

1.View	Locality Plan
2.View	Site Plan
3.View	Floor Plan

File Reference: DA/1215/2009

Document Number: D01327822

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 relevant legislation, planning instruments and Council policies affecting the land and does not disrupt the amenity of the neighbourhood or impact upon the environment.

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*	*Dated*
0208009 (Site Plan / Elevations)	Arch Wood Design	02/08/2009
0208009 (Floor Plans / Elevations )	Arch Wood Design	02/08/2009

*Document No.*	*Prepared by*	*Dated*
C2828.B11803 FA – Site suitability for effluent disposal – Lot 18 DP 26733, Berowra Creek, Neverfail Bay	Sydney Environmental & Soil Laboratory Pty Ltd	12 November 2009
Statement of Environmental Effects	Michael Yarak	29/09/2009
BASIX Certificate No. A615717	NSW Department of Planning	31/08/2009

2. Removal of Existing Trees

This development consent only permits the removal of trees numbered T2, T4, T11 as identified on Site Tree Plan prepared by Sherwood’s Tree Services dated 18/12/2009. 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. 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.

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.

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

6. 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, and

c. Stating that unauthorised entry to the work site is prohibited.

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

7. 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 non-compliance with this requirement without any further notification or warning.

REQUIREMENTS DURING CONSTRUCTION

8. Construction Work Hours

All work on site (including demolition and earth works) must only occur between 7am and 5pm Monday to Saturday.

No work is to be undertaken on Sundays or public holidays.

9. 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.

10. 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.

11. Works near Trees

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

All works (including driveways and retaining walls) within four 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.

12. 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.

13. 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.

b. A compaction certificate is to be obtained from a geotechnical engineer verifying that the specified compaction requirements have been met.

14. 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.

15. Wastewater to Existing System

All wastewater generated within the approved development must be directed to the existing onsite sewage management system servicing the site.

REQUIREMENTS PRIOR TO THE ISSUE OF 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. Fulfilment of BASIX Commitments

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

17. Maintain Canopy Cover

To maintain canopy cover, three trees selected from Council’s booklet ‘Indigenous Plants for the Bushland Shire’ such as Angophora floribunda (Rough-bark Apple) are to be planted on the subject site. The planning location shall not be within 4 metres of the foundation walls of a dwelling or in-ground pool. The pot size is to be a minimum 25 litres and the tree(s) must be maintained until they reach the height of 3 metres. Trees must be native to Hornsby Shire and reach a mature height greater than eight metres.

GENERAL TERMS OF APPROVAL – NSW RURAL FIRE SERVICE

The following conditions of consent are General Terms of Approval from the nominated State Agency pursuant to Section 91A of the Environmental Planning and Assessment Act 1979 and must be complied with to the satisfaction of that Agency.

18. Asset Protection Zone

At the commencement of building works and in perpetuity the entire property shall be maintained as an inner protection area (IPA) as outlined within section 4.1.3 and Appendix 5 of ‘Planning for Bushfire Protection 2006’ and the NSW Rural Fire Services document ‘Standards for asset protection zones’.

19. Asset Protection Zone

The intent of measures is to ensure buildings are designed and constructed to withstand potential impacts of bushfire attack.

· New construction shall comply with Australian Standard AS3959-1999 ‘Construction of buildings in bushfire prone areas’ Level 2.

· Roofing must be gutterless or guttering and valleys are to be screened to prevent the build up of flammable material. Any materials used must Flammability Index no greater than 5 when tested in accordance with Australian Standard AS1530.2-1993 ‘Methods for Fire Tests on Building Materials, Components and Structures – Test for Flammability of Materials’.

· Any new external doors (bi-folds, stackers, French doors) must comply with RFS Practice Note 3/06 for external doors.

- 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:

· The issue of 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 to be 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 3 metres of the approved building envelope without the prior written consent from Council.

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 under British Standard BS 5837: 2005, “Trees in Relation to Construction – Recommendations”.

Fines may be imposed for non-compliance with Council’s Tree Preservation Order.

Covenants

The land upon which the subject building is to be constructed may be affected by restrictive covenants. Council issues this approval without enquiry as to whether any restrictive covenant affecting the land would be breached by the construction of the building, the subject of this consent. Applicants must rely on their own enquiries as to whether or not the building breaches any such covenant.

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.

Planning Report No. PLN13/10

Date of Meeting: 7/04/2010

2 DEVELOPMENT APPLICATION - MODIFICATION TO EXISTING INDUSTRIAL DEVELOPMENT
2A AND 4 KOOKABURRA ROAD HORNSBY HEIGHTS

Development Application No:	DA/87/1984/A
Description of Proposal:	Section 96(2) modification to an approved industrial development by modifying the upper floor industrial units
Property Description:	Lot 4 DP 226427 (No 2A) and Lot 11 DP 701852 (No. 4) Kookaburra Road Hornsby Heights
Applicant:	Mr John Arthur Tanner
Owner:	Tanran Holding Pty Ltd Habitat Australia Pty Ltd
Statutory Provisions:	Hornsby Shire Local Environmental Plan 1994 - Industrial B (Light) Zone
Estimated Value:	No details provided. (Original cost of works in 1984 - $100,000.00)
Ward:	A

RECOMMENDATION

THAT Development Application No. 87/1984/A for the modification to a two storey industrial development at Lot 4 DP 226427 (No 2A) and Lot 11 DP 701852 (No. 4) Kookaburra Road Hornsby Heights be refused for the reasons detailed in Schedule 1 of this report.

EXECUTIVE SUMMARY

1. The application proposes modifications to an approved industrial development by reconfiguring the industrial units on the upper floor, extending the units to the allotment at the rear, alterations to the car park and increasing the gross floor area of the premises.

2. On 28 August 1985 Council approved DA/87/1984 for the erection of a two storey factory building at No. 4 Kookaburra Road Hornsby Heights. The applicant physically commenced works approved under this development application.

3. On 23 March 1995, the Land and Environment Court approved DA/116/1994 being extensions to the building partially constructed under DA/87/1984. This consent also involved works on 2A Kookaburra Road. The applicant physically commenced works approved under this development application.

4 The proposal complies with the provisions of Hornsby Shire Local Environmental Plan 1994, however, does not comply with a number of prescriptive measures within Council’s Industrial Lands Development Control Plan.

5. A total of 252 submissions including one petition signed by 115 residents have been received in respect of the application.

6. It is recommended that the application be refused.

HISTORY OF THE SITE

On 9 April 1979, Council approved a development application for a two storey factory building with work/storage area and amenities located on the ground floor and an office located on first floor at No. 4 Kookaburra Road. At that time, the property was zoned Industrial 4 (b1) under the Hornsby Planning Scheme Ordinance, 1977. The approved building had a gross floor area of 552.38 sq metres with 11 car spaces. There was no evidence of physical commencement and the consent subsequently lapsed.

On 15 May 1979, Council approved DA/94/1979 for the erection of a factory building at No. 2B Kookaburra Road (located at the rear of No. 4) for the manufacture of timber frames. There was no evidence of physical commencement and the consent subsequently lapsed.

On 16 November 1981, Council approved DA/274/1981 for the erection of a factory building on No. 2B and No. 4 Kookaburra Road. The proposal involved the erection of an L shaped single storey factory building with a total floor area of 848 sq metres and 15 car spaces on the ground floor. Works under this application were physically commenced on the site.

In 1984, the properties at No. 4 Kookaburra Road and No. 2B Kookaburra Road were consolidated into one allotment, thereafter the site was known as No. 4 Kookaburra Road.

On 28 August 1985, Council approved DA/87/84 for the demolition of the residence that was located on the site and the erection of three additional factory units on the upper floor of the existing industrial development at No. 4 Kookaburra Road. The foundations for the development approved under this development consent were physically commenced and recognised as such in later Court documents. Further details of that development is provided in this report under the heading “Approved Development”.

On 23 March 1995, DA/116/1994 was lodged with Council for an industrial development at No. 2A and 4 Kookaburra Road.

The proposal involved the following:

· A single storey addition to the existing factory building at No. 4 Kookaburra Road (approved under DA/87/1984) including alterations to the existing awning, provision of 15 car spaces, landscaping and a loading area.

· Demolition of the dwelling house at No. 2A Kookaburra Road and extension to the existing factory building with 4 car spaces and loading bay areas.

· The proposed factory building at the rear to be accessed via the access handle located along the southern boundary of the site.

· The factory building located at the front of the site to be used for furniture assembly, wood waste and storage and the factory building located at the rear to be used for machinery maintenance.

An appeal was subsequently lodged with the Land and Environment Court against Council’s deemed refusal of this application. The appeal was upheld on 23 March 1995.

The approved development resulted in a combined gross floor area of 2062 sq metres with 458 sq metres of additional area being generated at the rear and an additional 527 sq metres in the central portion of the site. Physical works under this approval were commenced within the statutory period. The central portion of the factory building at No. 4 Kookaburra Road has been completed. The building extensions to the rear (No. 2A) have not commenced other than preparation/earthworks.

The factory building on the front allotment (No. 4 Kookaburra Road) is currently used for furniture manufacturing and assembly.

The site is currently affected by three operative development consents, DA/274/1981, DA/87/1984 and DA/116/1994.

THE SITE

The site comprises two allotments, No. 2A and No. 4 Kookaburra Road and is located on the eastern side of the road. The subject property is rectangular in shape and is generally flat in the front section with a downward slope towards the rear.

The site area of No. 4 Kookaburra Road is 1904 sq metres. The site area of No. 2A Kookaburra Road is 1367.5 sq metres. The total area of the combined site is 3301 sq metres.

Access to No. 4 Kookaburra Road (front lot) is via a driveway directly from the street. Access to No. 2A (located at the rear) is via a 4 metre wide access handle from Kookaburra Road situated along the southern boundary of the site. The access handle comprises a 3.5 metre wide driveway and a 0.5 metre wide landscape strip.

The current improvements on the site include a single storey factory building located on No. 4 Kookaburra Road. The factory building is used for manufacturing and assembly of furniture and wood storage. A loading dock is located in the front section of the building accessible by heavy rigid vehicles from Kookaburra Road. A car parking area is also located within the front setback. A 1.2 metre wide garden bed is located along the front boundary.

The gross floor area of the existing factory unit (including loading bay) is 1373.6 sq metres.

The rear section of the site (No. 2A) is not used for industrial purpose. A storage shed and another enclosed shed exist in this portion of the site. Both sheds are dilapidated. A number of trees are located at the rear of the site, however no trees are considered to be significant.

The site constitutes the southernmost portion of a small industrial area located in Hornsby Heights surrounded by low density residential developments. Three residences are located on the adjoining allotments to the south of the access handle. Council’s records indicate that the residences at Nos. 2, 2C and 2D Kookaburra Road were constructed after the industrial building and the issue of development consents for the site. The allotment located immediately to the south of No. 2A Kookaburra Road is zoned residential and is currently vacant.

An existing industrial building is located to the north of the site and is two storeys in height. The developments at the rear of the site constitute one and two storey residential developments that have access from Koala Place and Somerville Road. The rear yards of these residences adjoin the site, but are located at a lower level due to the fall of the land. The developments on the opposite side of the street are one and two storey dwelling houses.

THE APPROVED DEVELOPMENT

The approved development (DA/87/1984) involved the following:

· Alteration to the three factory units on the ground floor (Approved under DA/274/1981) and provision of 19 car spaces.

· Mezzanine office spaces adjoining units 1, 2 and 3

· Three additional industrial units with mezzanine office spaces on the first floor of the existing development and 10 car spaces.

· The total floor area generated by the development is 1862 sq metres and the gross floor areas for the units are as follows:

Unit name	Floor area	Mezzanine	Loading area (located outside the units)	Gross Floor area
Unit 1	216 m²	52 m²	28.8 m²	268 m²
Unit 2	272 m²	36 m²	28.8 m²	308 m²
Unit 3	290 m²	36 m²	none	326 m²
Unit 4	378 m²	none	32 m²	378 m²
Unit 5	322 m²	none	28.8 m²	322 m²
Unit 6	260 m²	none	28.8 m²	260 m²
Total area				1862 m²

· The resultant floor space ratio (FSR) of the approved development is 0.97:1.

· A 4.1 metres wide ramp located adjoining the northern boundary provided vehicular access to the first floor with a maximum grade of 1:5.

· Units 4 and 5 on the first floor adjoin the southern boundary of the site.

· The building extends from the northern to the southern boundary of No. 4 Kookaburra Road.

Physical works have commenced on the site pursuant to this development consent, which was confirmed in the Land and Environment Court Judgement pertaining to DA/116/1994.

THE PROPOSED MODIFICATION

The proposed modifications involve the following:

· Reconfiguration of the three units within the upper floor and increase in the gross floor areas of these units

· The resultant floor areas for the upper floor units would be as follows:

Unit name	Floor area	Mezzanine	Loading Area	Gross Floor Area
Unit 4 (renamed as Unit 1 in the current application)	320m²	24.6m²	30 m²	314.6m²
Unit 5 (renamed as Unit 2 in the current application)	40 m²	26m²	30m²	403m²
Unit 6 (renamed as Unit 3 in the current application)	411m²	27m²	30m²	408m²
Total Floor area				1125.6 m²

· The proposal would result in an additional 165.6 q metres of gross floor area on the upper floor of the approved development.

· The submitted plans include the building footprint for the L shaped single storey structure approved within No. 2A Kookaburra Road pursuant to DA/116/1994 and it is proposed that the rear sections of Units 2 and 3 be extended over the roof slab of this approved building within Lot 4 DP 226427 (No 2A) Kookaburra Road.

· Approximately 238 sq metres of floor area of each of units 2 and 3 is proposed to be located within the rear allotment.

· The existing front setback of the factory building is proposed to be retained, thus deleting the overhanging section of the upper floor as approved under DA/87/1984/A. The modified front setback would be 21 metres from the frontage of the site instead of the approved 8.5 metres.

· The proposed gross floor area of the building on No. 4 Kookaburra Road would be 1988.6 sq metres including the following:

- Existing factory unit: 1339 sq metres

(excluding loading bay)

- Additional floor area on upper floor: 649.6 sq metres

(excluding loading bay)

· The floor space ratio of the modified development on No. 4 Kookaburra Road would be 1.04:1

· The gross floor area of the resultant development on No. 2A Kookaburra Road would be 1130 sq metres including the following:

- Approved factory unit under DA/116/1994: 654 sq metres

(excluding loading bay)

- Additional floor area on the upper floor: 476 sq metres

(excluding loading bay)

· The floor space ratio of the modified development on No. 2A Kookaburra Road would be 0.82:1

· The rear setback of the upper floor from the eastern (rear) boundary of No. 2A Kookaburra Road would be 18 metres instead of the approved 35 metres.

· A considerable section of the upper floor (44 metres in length) is proposed to be extended over the access handle of No. 2A Kookaburra Road resulting in a zero setback from the southern boundary of the industrial site.

· The access ramp to the upper floor units is proposed to be 6 metres wide with an approximate slope of 1:6.

· Vehicular access to the upper floor is restricted to Medium Rigid and Small Rigid Vehicles only.

· Ten car spaces located within the upper floor would be reorientated and addition of two spaces provided.

· The height of the development as modified would be the same as the approved development within No. 4 Kookaburra Road.

· The proposal would result in an increase of height of the approved development within the rear allotment (No. 2A Kookaburra Road). The maximum height of development approved within this allotment was 8 metres (DA/116/1994) adjoining the rear boundary. The proposed modification would result in an increase in the height of the development to 10 metres adjoining the rear boundary (an increase of 2 metres).

ASSESSMENT

1. STRATEGIC CONTEXT

1.1 Metropolitan Strategy – (Draft) North Subregional Strategy

The draft Subregional Strategy sets the following targets for the Hornsby LGA by 2031:

· Employment capacity to increase by 9,000 jobs; and

· Housing stock to increase by 11,000 dwellings.

The proposed development would be consistent with the draft strategy by providing additional jobs in the locality. The number of jobs to be generated would be estimated at the time of assessment of applications for future uses of the units.

2. STATUTORY CONTROLS

2.1 Environmental Planning and Assessment Act 1979 and Environmental Planning and Assessment Regulations 2000

2.1.1 Section 96(2)

Pursuant to Section 96(2) of the Act, Council may consider an application to amend development consent provided that, inter alia:

“(a) it is satisfied that the development to which the consent as modified relates is substantially the same development, and

(b) it has consulted with the relevant Minister, public authority or approval body (within the meaning of Division 5) in respect of a condition imposed as a requirement of a concurrence to the consent or in accordance with the general terms of an approval proposed to be granted by the approval body and that Minister, authority or body has not, within 21 days after being consulted, objected to the modification of that consent, and

(c) it has notified the application in accordance with the regulations, and

(d) it has considered any submissions made concerning the proposed modification within the period prescribed by the regulations.”

The following comments are provided with regard to the compliance of the proposal with Section 96(2) (a) of the Act:

DA/87/1984 approved the construction of six industrial units and associated facilities within Lot 11 DP 701852 (No. 4) Kookaburra Road. The proposal did not include any development on No. 2A Kookaburra Road located at the rear of this allotment. This development consent resulted in the approval of a two storey industrial building which was sufficiently setback from the adjoining residential properties.

DA/116/1994 approved a single storey industrial development within No. 4 and No 2A Kookaburra Road. The development consent resulted in an industrial building with a maximum height of 8 metres adjoining residential developments.

The section 96(2) modification to DA/87/1984 results in the extension of the upper floor units over the approved single storey roof slab located within No. 2A Kookaburra Road. The original development consent and the development description did not include No. 2A Kookaburra Road as a part of the development. The current proposal merges the two development consents and results in extension on to a site which was not a part of the original application.

Given the above, it is considered that the development cannot be classified as substantially the same development as approved under DA/87/1984 and as such, Council should not approve the development pursuant to section 96(2) of the Act. However, should Council consider that the proposal is substantially the same development as originally proposed, Council could consider the application under this section of the Act.

With regard to Section 96(2)(b), the proposal was referred to the Rural Fire Service (RFS) for comments. The RFS raised no objections and no conditions were specified.

In accordance with Section 96(2)(c) and (d) and Council’s notification policy, adjoining owners were notified of the application and 252 submissions were received.

2.1.2 Owner’s Consent

Clause 49 of the Environmental Planning and Assessment Regulations 2000 requires that a development application may be made by any person, with the consent in writing of the owner of that land.

The proposed development includes the properties at No. 2A and No. 4 Kookaburra Road, Hornsby Heights. The written owner’s consent for No. 2A Kookaburra Road has not been provided to Council. The application does not comply with the above provisions in this regard.

2.2 Hornsby Shire Local Environmental Plan 1994

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

(a) to encourage economic growth and employment opportunities.

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

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

The original development was assessed under the provisions of the Hornsby Planning Scheme Ordinance as satisfactory. The proposed modification would not alter the classification of the development as a ‘Light Industry’ and is permissible in the zone with Council’s consent.

The development would encourage economic growth and employment opportunities and complies with objective (a) of the zone.

The development as modified may have a negative impact on the built environment of the locality due to reasons detailed in this report. The development does not comply with the zone objectives (b) and (c) of the HSLEP in this regard.

Clause 15 of the HSLEP prescribes that the maximum floor space ratio (FSR) of development within the Industrial B zone is 1:1. The applicant proposes an FSR of 1.04:1 for the modified development within Lot 11 (No. 4 Kookaburra Road and an FSR of 0.82:1 within Lot 4 (No. 2A) Kookaburra Road. The FSR within No. 4 Kookaburra Road does not comply with the FSR requirement within the HSLEP.

The applicant has not submitted an objection under State Environmental Planning Policy No. 1 to support this non-compliance. Council does not have the statutory power to approve the development involving a departure of a development standard under an environmental planning instrument in the absence of a valid SEPP 1 submission.

2.3 State Environmental Planning Policy No. 55 – Remediation of Land (SEPP 55)

The application has been assessed having regard to SEPP 55 which 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 site was zoned for industrial purposes in the 1970s and has been used as an industrial development since that time. Therefore the allotments are unlikely to be affected by contamination and it is considered that no further assessment with regard to SEPP 55 is required.

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

The application has been assessed having regard to the requirements of Sydney Regional Environmental Plan No. 20 (SREP 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.

Subject to the imposition of conditions regarding the implementation of erosion and sediment control measures on the site, the proposal would be consistent with the requirements of SREP 20.

2.5 Industrial Lands Development Control Plan

The proposed Section 96(2) modification to the development has been assessed having regard to the relevant performance and prescriptive design requirements within Council’s Industrial Lands DCP. The following table sets out the proposal’s compliance with the prescriptive measures of the Plan:

Industrial Lands Development Control Plan
Control	Proposal	Requirement	Compliance
FSR at No. 4	1.04:1	1:1	No
FSR at No. 2A	0.82:1	1:1	Yes
Height	2 storeys	2 storeys	Yes
Car parking (for No. 2A and No. 4)	16 spaces	32 spaces	No
Setbacks of the entire industrial development Front(Kookaburra Road) Side (North) Side (South) Rear	Existing 0 m 0 m 0 m	0 m 0 m 0 m	Yes No No
Landscaping	No additional landscaping	Minimum 10 m² and @1 m²/employee	No

As detailed in the above table, the proposed development does not comply with a number of prescriptive measures within Council’s Industrial Lands DCP. The matters of non-compliance are detailed below:

2.5.1 Density

The proposal would not comply with the density provisions within the Hornsby Shire Local Environmental Plan 1994 as indicated in section 2.2 of this report.

The non-compliance with the density provisions and the lack of sufficient setback to the boundaries would result in excessive bulk and scale of the industrial building and have detrimental impact on the surrounding residential properties. The proposed modification is not acceptable with regard to density.

2.5.2 Design

The design of the modified development would result in a part two storey structure on No. 2A Kookaburra Road (rear allotment) which to date only has an approval for a single storey development.

A comparison of the impact of the design of the current proposal and that previously approved on the site has been undertaken with regard to the privacy of the adjoining residences, the streetscape presentation and the visual amenity. The design as approved under DA/87/84 involved the construction of three units on the upper level of the allotment at No. 4 Kookaburra Road, with a 4 metres setback from the residential developments due to the location of the access handle for the rear allotment.

Under the current application for modifications to the above design, a major section of the development is proposed to be extended over the access handle for No. 2A Kookaburra Road. A single storey colonnade is proposed along the southern boundary with car parking on the upper deck and a wall to Unit 2 at the rear. Such extension of the units would result in an insufficient setback from the existing residences and any future residences within the vacant residential allotment on the southern side of the site. This would also result in a lack of acoustic privacy and solar access to future dwelling houses on the adjoining allotments to the south and an unacceptable bulk and scale of the development when viewed from those residences. The design of the proposed modification is not considered to be an improvement over the originally approved design of the industrial development.

Further, it is also noted that the proposal includes a 10 metre high structure adjoining the rear boundary, whereas the maximum height approved at the rear under DA/116/1994 was 8 metres. The increase in height is due to the balustrade and the increase in the floor level of the approved building at the rear to match the floor level of the existing factory building. This is considered to be unacceptable having regard to the impact that such works would have on the amenity of adjoining residential properties to the rear of the site.

2.5.3 Setbacks

The proposed modification would alter the approved front setback by excluding the overhanging section of the first floor of the building. Instead of an 8.5 metre setback, the building would retain the existing 22 metres front setback from Kookaburra Road. This is considered to be an improvement over the originally approved design.

The Industrial Lands DCP provides that the buildings may be built to the side or the rear on a zero building line except where a setback is required to screen buildings from sensitive areas such as residential premises. Unit 2 and a section of the upper level car park would be located having a zero setback from the southern boundary of No. 2A Kookaburra Road. It is considered that the reduced setback to the south would have negative visual and overshadowing impact on the future residences and is not acceptable.

The eastern boundary of the rear allotment (No. 2A) has an approval of a zero building setback for a single storey industrial development with no openings on the eastern façade, pursuant to DA/116/1994. The impact of this approved development on the residences within Koala Place has always been considered unacceptable to Council. It was the Land and Environment Court that deemed that the impact is acceptable as it would not result in overshadowing or negative acoustic impact. The Court further considered that the fall of the site in this area provides sufficient physical separation between the residences fronting Koala Place and the building.

DA/87/1984 approved a zero building setback to the rear boundary of No. 4 Kookaburra Road because the two storey development backed on to another industrial site and was sufficiently separated (35 metres) from the residences within Koala Place. The proposed modification merges the two development consents by proposing to extend over the approved roof slab under DA/116/1994. As a result, a two storey industrial development would now be setback 18 metres from the adjoining residences rather than 35 metres. The open roof area proposed on top of the approved building would be accessible from Units 2, 3 and the fire stairs and the future use of this open area is not specified.

The applicant has also not provided sightline diagrams to indicate whether a person standing at the edge of the roof area would have opportunities to overlook the rear yards of the adjoining residences.

It is considered that the proposed rear setback of the upper level, two metres higher than the Court approved development, would have a significant negative impact on the visual amenity of the surrounding residences due to the reduced building setback from the eastern boundary and the corresponding increase in height.

2.5.4 Landscaping

The Industrial Lands DCP requires that a minimum of 10 sqm area be provided for outdoor eating and seating for the employees. The original application was assessed and approved prior to the adoption of the Industrial Lands DCP. Given this, it is considered unreasonable that the proposal would incorporate and nominate outdoor areas for employee recreation.

However it is noted that in DA/87/1984, each of the industrial units on the upper floor of the industrial development included lunch rooms for employee recreation. The current proposal does not include this provision in lieu of the limited landscaping opportunities on the site. Therefore, it is considered that the application fails to comply with the “Landscaping” element within the Industrial Lands DCP in this regard.

2.5.5 Vehicular access and parking

2.5.5.1 Parking

The proposed redesign of the upper level would result in an increase of 165.6 sq metres of gross floor area which is equivalent to two car spaces (@ 1/ 100 sq metres).

The proposed modification includes ten car spaces on the upper floor, being similar to that approved under the original application. The car spaces have been reorientated to suit the new layout. There is outdoor space adjoining units 2 and 3 to accommodate a further two car spaces on the upper floor.

Considering the gross floor areas of the existing factory building within No. 4 Kookaburra Road, the modified development approved under DA/87/1984 and the approved development within the rear allotment, the total number of car spaces required on the site at No. 2A and 4 Kookaburra Road, after the completion of building works would be as follows:

Unit	Gross Leasable Floor Area	Parking Spaces Required
Existing factory	1339 m²	13.39 spaces
1	314.6 m²	3.14 spaces
2	403 m²	4.03 spaces
3	408 m²	4.08 spaces
Approved ground level unit at the rear	654 m²	6.54 spaces
Total	3118.6	31.18 spaces or 32 spaces

The submitted plan indicates twelve parking spaces to be provided on the upper floor and the approved plans under DA/116/1994 incorporate a further four car spaces within the rear yard. The site plan does not include any details of the existing car parking provisions within the front yard of the site or the proposed alterations to accommodate the approved ramp.

Based on the submitted information and considering that the development can proceed in its current form only after completion of approved building works within No. 2A Kookaburra Road, it is concluded that the car parking provision within the site does not comply with the development controls within Council’s Industrial lands DCP.

Loading bays are provided for individual units on the upper level, being directly accessible from the parking areas. The minimum width of the openings for loading bays is 3 metres which complies with the requirements of the DCP. This is considered satisfactory.

2.5.5.2 Traffic Generation

The proposed modification would result in a gross increase of 165.6 sq metres of floor area on the site. The increase in floor area is minor and would not result in significant additional traffic generation.

2.5.5.3 Vehicular Access

The modified development proposes vehicular access to the upper level via the approved ramp. The ramp is proposed to be 6 metres wide with a gradient of 1:6.

A comparative engineering assessment of the original application and the modification has been conducted and is summarised as follows:

· The proposed gradient of the ramp does not comply with the relevant standards when assessed against AS2890.2 – 2002. However a ramp was approved in the same location under DA/87/1984. The modified ramp as proposed under this application is wider than that previously approved on the site under DA/87/1984, includes an improved gradient and is therefore acceptable.

· The transition in the ramp grades do not comply with the AS2890.2 requirements. This may result in a Medium Rigid Vehicle (MRV) scraping at transitions. However, compliance of ramp transitions with AS2890.2 would result in steep ramp grades which are equally undesirable on the site.

· The approved vehicle manoeuvring plan for the original DA indicates that manoeuvring of a 7.1 metres long truck was considered to be satisfactory on the upper level of the site.

· The vehicle manoeuvring was considered on the scaled plans of the upper storey of the modified application with the current ramp gradients in place and it is noted that a MRV and a Small Rigid Vehicle (SRV) would be able to access the upper floor generally and would be able to turn within the parking area. However, SRV access is preferable on the upper floor as MRVs could only manoeuvre with multiple point turns. Should the application be approved, a condition may be recommended restricting vehicular access to the upper floor to SRV only.

Given the above, the modified proposal would be acceptable with regard to vehicular access.

2.5.6 Waste Management

The approved plans for DA/87/1984 indicate the location of a trade waste and bin area in each of the ground and upper levels of the development and condition 8.1 of the original development consent required details of garbage management on the site. The proposed modification to the upper level includes bin storage areas located along the southern boundary adjoining the access handle.

Council’s assessment of waste management for the modified development concludes that the bin storage area and the truck turning area on the first floor are acceptable with regard to access of a 12.5 metre long garbage truck. However, the Heavy Rigid Vehicles (HRV) would not be able to access the upper floor due to non-compliant ramp gradient. The factory units would require 1.5 cubic metre bins or larger which cannot be safely manoeuvred up and down ramps or for long distances.

Should the application be approved, a condition would be recommended requiring the applicant to provide an alternative bin storage area at ground level below the ramp to ensure proper garbage management for the upper level units.

2.5.7 Acoustics

The proposal does not include first uses of the industrial units. Should the current application be approved, the matters in relation to acoustic, dust and visual impacts would be assessed in detail under future development applications for the first uses of the subject property.

The proposed car parking area is to be located immediately adjoining the residential boundary of developments. It is considered that residents would be adversely impacted by noise from this car park, truck turning and loading and unloading of goods on a regular basis. The development would have a negative amenity impact on the neighbouring properties with regard to acoustic privacy due to the location of upper level car park.

2.5.8 Drainage Control

The approved plans of the original application do not provide details of stormwater management on the site. The development consent and plans for DA/274/1981, which approved the three units on the ground floor, provide details of stormwater drainage on the site for ground level. The approved plans pursuant to DA/116/1994 also provide details of stormwater management at the ground level as it increased the impervious areas on the site. It is anticipated that this is the existing stormwater drainage system on the site catering to the existing factory unit.

The applicant has advised that stormwater from the upper level would be connected to the existing stormwater system on the site and no inundation of the habitable floor area is expected.

Council’s Engineering assessment in this regard concludes that a pipeline is required to be designed and constructed to connect the site with a Council-controlled drainage system. In this regard, the site would benefit from an interallotment drainage easement. Should the application be approved, a copy of the registered dealings or deposited plans showing a legal right to drain through the pipeline would be required to be submitted to the principal certifying authority prior to release of a construction certificate.

2.5.9 Solar Access

The DCP requires that all industrial developments should provide at least 2 hours of solar access to the private open spaces and at least 3 hours of solar access to the north facing windows of all adjoining residential properties between 9 am and 3 pm during winter solstice.

The subject site adjoins residential properties to its south. The applicant has submitted shadow diagrams for the proposed development which indicates that the development would overshadow the adjoining residences during the above period. A comparative analysis of the shadows cast on the existing dwellings by the approved development on the site and the proposed modification is provided in the table below:

	Modified proposal		Approved Development Application
Adjoining residences	Solar Access to Private Open Space	Solar Access to North facing Windows	Solar Access to Private Open Space	Solar Access to North Facing Windows
Dwelling on 2 Kookaburra Road (Lot A)
9 am	Yes	Overshadowing all north facing windows	Yes	Yes
12 noon	Yes	Yes	Yes	Yes
3 pm	Yes	Yes	Yes	Yes
Dwelling on 2C Kookaburra Road (Lot B)
9 am	Yes	Overshadowing of north facing lounge room and two bedroom windows + verandah	Yes	Overshadowing only one north facing window
12 noon	Yes	Yes	Yes	Yes
3 pm	Yes	Yes	Yes	Partly garage
Dwelling on 2D Kookaburra Road (Lot C)
9 am	Yes	Overshadowing all north facing windows and verandah	Yes	Overshadowing of all north facing windows and verandah

12 noon	Yes	Overshadowing all north facing windows	Yes	Yes
3 pm	Yes	Garage and one north facing windows	Yes	Garage and all north facing windows

The above table indicates that the private open space areas of all the residences adjoining the development would receive 3 hours of solar access during winter solstice.

The table also indicates that the proposed modification to the approved industrial development would increase the overshadowing impacts on the residences adjoining the southern boundary of the industrial site. It is also noted that the overshadowing of the vacant residential allotment located at the rear of Lots 2, 2C and 2D Kookaburra Road would be increased as a result of the reduced setbacks and the reorientation of the units on the upper level.

The proposed modification is not assessed as satisfactory with regard to solar access provisions and does not improve the design of the approved development.

2.6 Car Parking Development Control Plan

The proposal has been assessed having regard to the relevant performance and prescriptive design requirements within Council’s Car Parking Development Control Plan. The DCP requires that parking be provided @ 1 space per 100 sqm of Gross Leasable Floor Area (GLFA) for industrial use.

The compliance of the proposal with the relevant performance criteria is discussed in Section 2.5 of this report.

2.7 Access and Mobility Development Control Plan

The proposal has been assessed having regard to the relevant performance and prescriptive design requirements within Council’s Access and Mobility Development Control Plan. The development provides a continuous path of travel on both floors via the ramp. The proposed units on the upper floor are assessed as satisfactory against the development controls within Council’s Access and Mobility Development Control Plan.

2.8 Waste Minimisation and Management Development Control Plan

The matters in relation to waste management on the site have been discussed under Section 2.5 of this report.

2.9 Sustainable Water Development Control Plan

The DCP aims to achieve the implementation of sustainable water practices into the management of development in the Hornsby Shire. These matters have been discussed in Section 2.4 of this report.

2.10 Section 94 Contributions Plan

Council’s Section 94 Plan applies to the development as it would result in the generation of additional 165.6 sq metres of industrial floor space on the site and section 94 contributions would be applicable in the event that Council was minded to approve the application.

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

3.1.1 Trees

The proposed modifications principally relate to the upper level of an approved development and therefore would not have any additional impact on the existing trees within the site.

3.1.2 Air Quality

The proposal is for the modification to an approved development for construction of industrial units. It does not include the first occupation and specific uses for the units. Should the application be approved, the impact of the future uses on the air quality would be assessed under separate development applications.

3.1.3 Water Quality

This matter has been discussed in section 2.4 of this report.

3.2 Built Environment

The matters in relation to impact of the proposed development on the streetscape, views and the traffic generation are discussed in detail in section 2.5 of this report.

The proposed modification does not comply with a number of development controls within Council’s Industrial Lands Development Control Plan and would not provide a better design outcome when compared to the approved development on the site.

The residential developments adjoining this industrial precinct in Hornsby Heights currently experience some negative amenity impact due to the mixed land use of the area. The assessment of this application concludes that the current proposal would have an additional detrimental impact on the built environment of the locality and therefore the proposal is not acceptable in its current form.

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 full time positions post construction. This is consistent with the North Subregion (Draft) Subregional Strategy that provides a target of 9,000 jobs within the Hornsby LGA by 2031.

3.4 Economic Impacts

The proposed development would result in an increase in the total industrial floor space within the industrial estate at Hornsby Heights. As discussed above, the development would result in employment generation and therefore result in a positive economic impact on the locality.

4. SITE SUITABILITY

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

4.1 Bushfire Risk

The land is identified as being subject to bushfire risk. The proposal was referred to the NSW Rural Fire Service for comments. No objections have been raised and no specific conditions recommended.

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 13 January 2010 and 25 February 2010 in accordance with Council’s Notification and Exhibition Development Control Plan. During this period and after the completion of notification, Council received 252 written submissions including the following:

· 103 individual letters of objection from 87 residents;

· 44 signatures in proforma letters of objection;

· one petition signed by 105 residents of whom 25 have also signed in the proforma letters; and

· one letter supporting the application.

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

NOTIFICATION PLAN
• PROPERTIES NOTIFIED	X SUBMISSIONS RECEIVED	PROPERTY SUBJECT OF DEVELOPMENT
214 Submissions including petitioners are out of map range or address of objector not provided In addition to the landowners that made a written submission, Council officers received verbal representation from a number of landowners who live in close proximity to the site. Those landowners are not identified on the map.

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

· unacceptable upper level car park;

· unacceptable truck movements in the locality;

· increased heavy traffic and accident potential;

· privacy loss of adjoining residents;

· excessive height as the development appears to be five storeys;

· unwanted precedent for the area;

· section 96(2) application not being substantially the same development;

· overshadowing of adjoining residences;

· loss of property values;

· generation of additional bushfire risks;

· inappropriate location of garbage bins;

· inappropriate landscaping;

· inappropriate setbacks from residential properties;

· adverse noise impacts from garbage disposal;

· large objects falling from the upper level car park;

· building up to northern boundary and covering the windows of No. 6A Kookaburra Road and removing natural light;

· overdevelopment for the area;

· spillage of lights during night time;

· insufficient truck turning area;

· overload of stormwater system;

· light pollution to residences;

· pollution of nearby creeks and parks from run-off and spills;

· lack of landscaping; and

· pollution from dust and vehicle fumes.

In addition a number of submissions raised the following matters:

· Request rezoning of the site to residential as it is surrounded on three sides by residential development;

· no details of stormwater management system has been provided;

· the address of the original development application is No. 4 Kookaburra Road whereas the proposal extends over No. 2A Kookaburra Road;

· a Section 96 application cannot be lodged 25 years after the issue of the development consent;

· the section 96 application should be assessed against the current development controls;

· the drawings are incorrect with regard to the slope of the land and the finished floor levels;

· the shadow diagrams are incorrect;

· the original development has not comments on the site;

· the floor space ratio and the rear setback indicated in the application is incorrect;

· the floor space ratio of the individual allotments should be calculated separately;

· the cost of works for the development is incorrect; and

· the area has no demand for additional industrial units.

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 Northern boundary windows

The proposed development would have a zero building setback to the northern boundary that adjoins an industrial building located at No. 6A Kookaburra road. This building is also built to its southern boundary and includes openings on the southern façade. The approved plans under DA/39/1994 for the use of the factory as a precision engineering workshop indicate that the factory should be setback 1 metre from the southern boundary. Given this, it is considered that northern boundary windows should receive solar access from the approved development. However, considering the location of the wall of unit 3 in the modified proposal, it is accepted that the development would have some detrimental impact on the solar access to the adjoining factory building.

5.1.2 Lighting

Should the application be approved, the spillage of light on to the adjoining properties could be restricted via recommended conditions of consent.

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

5.1.3 Consistency of plans

The proposal does not include a survey plan. However an assessment of the previously approved developments on the site has been conducted and it is considered that the finished floor levels are correct. The matters regarding floor space ratio on the site and the height have been discussed in previous sections of this report.

The proposed modification does not include details of stormwater system on the site. However, the Statement of Environmental Effects submitted in support of the application indicates that stormwater from the upper level would be connected to the existing system on the site.

5.1.4 Section 96

The applicant has demonstrated to Council that works approved under DA/87/1984 were commenced and the development application has been activated on the site. Under such circumstance, the Act does not specify any time frame for completion of development consent. The Act also allows modification to the application in accordance with Section 96 with no limitations on time.

5.1.5 Rezoning

The matters in relation to rezoning of the site and compliance with conditions of previous development consent are not relevant to the current application.

One submission requested the following amendments to the development in the event that the application is approved:

· No outside deck areas to be provided at the rear.

· No balustrade to be permitted at the rear.

· The proposed fire stairs should only have internal access.

· The approved development should be setback from the northern boundary to allow solar access to the factory building.

Should the application be approved, the matters in relation to access to the rear section of the site may be restricted via recommended conditions of consent.

The approved development cannot be setback from the boundary unless proposed by the applicant. It is noted that DA/39/1994 approved the use of the existing factory building for an engineering workshop in 1994. The approved plans indicate that the factory building is setback 1 metre from the southern boundary. Further, the location of the approved development does not interfere with the southern façade of the existing factory within No. 6A Kookaburra Road due to the location of the boundaries of the two allotments. Given the above, this request is not considered to be reasonable in the event that Council is otherwise minded to approve the application.

5.2 Public Agencies

The development application was referred to the Rural Fire Service for comment. The RFS’s comments have been discussed in section 4.1 of this report.

6. THE PUBLIC INTEREST

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

The application does not satisfy Council’s and the Act’s criteria and would provide a development outcome that, on balance, would not result in a positive impact for the community. Accordingly, it is considered that the approval of the proposed Section 96(2) modification would not be in the public interest.

CONCLUSION

The application proposes Section 96(2) modification to an approved industrial development by reconfiguring the units, extending the units to another allotment at the rear, increasing the gross floor area and reducing the building setback from the adjoining residential properties.

The proposal does not satisfy the requirements of Section 96(2) of the Act as it includes an allotment which was not a part of the development approval and is not considered to be substantially the same development.

The site adjoins residential properties on the southern and eastern side and the proposal does not comply with a number of prescriptive measures within Council’s Industrial Lands Development Control Plan. The current application would not provide an improved development outcome when compared to the originally approved development on the site.

The FSR within No. 4 Kookaburra Road does not comply with the FSR requirement within the HSLEP. The applicant has not submitted a SEPP 1 objection to support the non-compliance. Council does not have the statutory power to approve the development involving a departure of a development standard under an environmental planning instrument in the absence of a valid SEPP 1 submission. Further, the application does not include owner’s consent for Lot 4 DP 226427 (No. 2A) Kookaburra Road.

The application has been assessed as unsatisfactory against the matters for consideration under Section 79C(1) of the Act, Hornsby Shire Local Environmental Plan and relevant State Environmental Planning Policies. The proposal as modified would not result in a positive impact on the natural and built environmental of the locality.

Refusal of the proposal is recommended.

Rod Pickles

Manager - Assessment Team 2

Planning Division

Scott Phillips

Executive Manager

Planning Division

Attachments:

1.View	Locality Plan
2.View	Site Plan
3.View	First Floor Plan
4.View	Elevations
5.View	Shadow Plans
6.View	Plan approved under DA-87-1984
7.View	Plan approved under DA-116-1994

File Reference: DA/87/1984/A

Document Number: D01341353

SCHEDULE 1

1. Pursuant to the provisions of Section 96(2) of the Environmental Planning and Assessment Act, 1979, the development is not considered to be ‘substantially the same development’ as the original development as it includes Lot 4 DP 226427 (No. 2A) Kookaburra Road, which did not form a part of the original development consent.

2. Pursuant to the provisions of Section 79C(1)(i) of the Environmental Planning and Assessment Act, 1979, the application has not been supported by a valid objection to the development standard under Hornsby Shire Local Environmental Plan 1994 pursuant to the requirements of State Environmental Policy No. 1 – Development Standards.

3. Pursuant to the provisions of Section 79C(1)(a)(i) of the Environmental Planning and Assessment Act, 1979, the proposal is inconsistent with objectives (b) and (c) of Hornsby Shire Local Environmental Plan 1994 as it would not result in a land use which is compatible within the area and would have adverse impact on the natural and built environment of the locality. The proposal is an overdevelopment for the site.

4. Pursuant to the provisions of Section 79C(1)(a)(i) of the Environmental Planning and Assessment Act, 1979, the proposed Floor Space Ratio (FSR) on Lot 11 DP 701852 (No. 4) Kookaburra Road exceeds the maximum permissible FSR of 1:1 prescribed by Clause 15 of Hornsby Shire Environmental Plan 1994. An objection pursuant to State Environmental Planning Policy No. 1 has not been provided to support the non-compliance with the statutory control.

5. Pursuant to the provisions of Section 79C(1)(a)(iii) of the Environmental Planning and Assessment Act, 1979, the proposal does not comply with the “Setbacks” element of the Industrial Lands Development Control Plan with regard to “setbacks from sensitive land uses”.

6. Pursuant to the provisions of Section 79C(1)(a)(iii) of the Environmental Planning and Assessment Act, 1979, the proposal does not comply with the elements: “Building Design” of the Industrial Lands Development Control Plan as it will not integrate with the surrounding residential properties due to the bulk and scale of the structure.

7. Pursuant to the provisions of Section 79C(1)(a)(iii) of the Environmental Planning and Assessment Act, 1979, the proposal does not comply with the elements: “Landscaping”, Acoustics” and “Solar Access” of the Industrial Lands Development Control Plan.

8. Pursuant to the provisions of Section 79C(1)(b) of the Environmental Planning and Assessment Act, 1979, the application includes insufficient information regarding car parking provisions on the site, survey plan indicating the property boundaries, the existing contours and the current improvements on the site.

9. Pursuant to the provisions of Section 79C(1)(e) of the Environmental Planning and Assessment Act, 1979, it is considered that approval of the development would set an undesirable precedent for similar inappropriate development and is therefore not in the public interest.

10. Pursuant to the provisions of Clause 49 of the Environmental Planning and Assessment Regulation 2000, the development is proposed on the properties at No. 2A and No. 4 Kookaburra Road Hornsby Heights. Owners consent has not been provided with the application for No. 2A Kookaburra Road.

- END OF REASONS FOR REFUSAL -

Planning Report No. PLN20/10

Date of Meeting: 7/04/2010

3 DEVELOPMENT APPLICATION - ERECTION OF A DWELLING-HOUSE
67A BRIDGE ROAD HORNSBY

Development Application No:	DA/1385/2009
Description of Proposal:	Erection of a dwelling-house
Property Description:	Lot 10, DP 1126216, No. 67A Bridge Road, Hornsby
Applicant:	Lily Homes P/L
Owner:	Mr. Adrian Gallegos and Mrs Maria Gallegos
Statutory Provisions:	Hornsby Shire Local Environmental Plan, 1994 Residential A (Low Density)
Estimated Value:	$408, 041
Ward:	A

RECOMMENDATION

THAT Development Application No. DA/1385/2009 for the erection of a dwelling-house at Lot 10, DP 1126216, No. 67A Bridge Road, Hornsby 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 battle-axe allotment.

2. The proposal does not comply with 0.4:1 floor space ratio development standard of the Hornsby Shire Local Environmental Plan, 1994 (HSLEP).

3. A SEPP 1 objection has been submitted in support of a variation to the floor space ratio development standard.

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

5. It is recommended that the application be approved.

HISTORY OF THE SITE

On 9 December 2004, Council approved DA/1937/2004 for a two lot subdivision and the demolition of a dwelling-house.

THE SITE

The vacant, battle-axe shaped allotment has an area of 615.73m2, exclusive of the 187.2m2 accessway, is located on the northern side of Bridge Road, Hornsby near the intersection with Sherbrook Road. The site has a fall of 3m from the rear, north-western corner to the front, south-eastern corner. The access handle is 46.8m long with a 14.28m front (southern) boundary, an 18.29m rear (northern) boundary and side boundaries of 33.66m on the western and eastern alignments.

There are no trees on the site or in the vicinity of the proposal that would be affected by the development.

On the northern side of Bridge Road, the immediate surrounding development is characterised by a predominance of single and double storey, detached residential dwelling-houses of contemporary and older designs. Medium density residential multi-unit development is located on the southern side of Bridge Road, opposite the subject site.

Stormwater collected on the site would be drained to the street drainage system in Bridge Road.

THE PROPOSAL

This application is for the erection of a split-level, one and two storey dwelling-house incorporating a patio, entry lobby, double garage, verandah, living/dining, kitchen/meals, study, family room, rumpus room, laundry, toilet, rear porch and alfresco on the ground floor. The first floor includes 4 bedrooms, ensuite, gallery, verandah, bathroom and storeroom.

Access to the dwelling-house is via an accessway along the eastern side of the allotment connected to Bridge Road.

ASSESSMENT

1. STRATEGIC CONTEXT

1.1 Metropolitan Strategy – (Draft) North Subregional Strategy

The draft Subregional Strategy sets the following targets for the Hornsby LGA by 2031:

· Employment capacity to increase by 9,000 jobs; and

· Housing stock to increase by 11,000 dwellings.

The proposed development would be consistent with the draft Strategy by providing an additional dwelling and would contribute towards housing choice in the locality.

2. STATUTORY CONTROLS

2.1 Hornsby Shire Local Environmental Plan, 1994

The subject land is zoned Residential A (Low Density) under Hornsby Shire Local Environmental Plan 1994 (HSLEP). The objectives of the zone 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 “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 (Low Density) zone is 0.4:1. The applicant seeks to erect a dwelling-house with an FSR of 0.52:1, which does not comply with this development standard. In support of the application the applicant has made a submission pursuant to SEPP 1 (refer to section 2.2 of this report).

2.2 State Environmental Planning Policy No. 1 – Development Standards

The proposed development has a floor space ratio of 0.52:1, which does not comply with the 0.4:1 development standard as contained within Clause 15 of the HSLEP. To address this matter, the applicant has submitted an objection to the development standard under State Environmental Planning Policy No. 1 (SEPP 1).

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

The NSW Land and Environment Court has expressed the view that there are five different ways in which an objection may be well founded and that approval of the objection may be consistent with the aims of the Policy:

1. The objectives of the standard are achieved notwithstanding non-compliance with the standard;

2. The underlying objective or purpose of the standard is not relevant to the development and therefore compliance is unnecessary;

3. The underlying object of purpose would be defeated or thwarted if compliance was required and therefore compliance is unreasonable;

4. The development standard has been virtually abandoned or destroyed by the Council's own actions in granting consents departing from the standard and hence compliance with the standard is unnecessary and unreasonable;

5. The zoning of the particular land is unreasonable or inappropriate so that a development standard appropriate for that zoning is also unreasonable and unnecessary as it applies to the land and compliance with the standard would be unreasonable or unnecessary. That is, the particular parcel of land should not have been included in the particular zone.

In regard to whether the objection may be well founded, the applicant contends that:

The proposed development provides for the housing needs of a growing family who already reside within the Shire and wish to remain due to work commitments, school enrolments, and proximity to friends/family. The home provides for the needs of the family in a manner which is not detrimental to the surrounding neighbourhood. Its design embraces good environmental management, conforms to all Council LEP requirements, and is a positive addition to the local landscape. The building’s mass including wall and roof is broken up into elements, by the use of pitched roof, roof lights, covered verandah, and an offset to the garage and study.

Council is asked to accept this application.”

The SEPP 1 submission addresses the objective of the floor space ratio provision in the HSLEP through the design of a dwelling-house that would not overly intensify the scale of the development of the land in regard to the land’s environmental capacity and the zone objectives. The justification for the variation to the development standard is set out in the following sections of this report.

2.3 State Environmental Planning Policy (Exempt and Complying Development)

On 27 February 2009, SEPP (Exempt and Complying Development) commenced operation. Under the SEPP, the Housing Code outlines how residential developments including:

· detached one and two storey dwellings,

· home extensions and

· other ancillary development, such as swimming pools,

can proceed on lots of greater than 450m² in size as complying development with council or accredited certifier approval.

The proposed development has been assessed having regard to the NSW Housing Code. The following table sets out the proposal’s compliance with the prescriptive measures of the Code:

NSW Housing Code
Control	Proposal	Requirement	Complies
Floor area	362m2	380	Yes
Site cover	37%	50%	Yes
Height	8.3m	8.5m	Yes
Number of storeys	2	2	Yes
Unbroken wall length	N/A	N/A	N/A
Building length	N/A	N/A	N/A
Cut	1m	1m	Yes
Fill	0.6m	Contained within external walls of the dwelling	No
Setbacks - Front - Rear single storey - Rear two storey - Side (west) two storey - Side (east) single storey	5.9m 5m 8m 2.66m 1.16m	1m 3m 8m 1.57m 0.9m	Yes Yes Yes Yes Yes
First floor deck	10.8m²	12m²	Yes
Private Open Space	155m²	25m²	Yes
Privacy screens	Nil	Living rooms and decks with floor level ,1m above natural ground level	No
Landscaping	47%	24%	Yes
Car parking spaces	2	1	Yes

The subject allotment is excluded from the SEPP on the basis that the proposed fill along the eastern side of the dwelling is not contained within the external walls of the dwelling-house and privacy screens have not been provided to the ground floor study and family room windows or the first floor balcony.

In assessing the environmental capacity of the land, Council’s assessment has had regard to the provisions of the Code which provides that the maximum gross floor area for complying development within the low density residential zones of the Shire as being:

· 330m², if the lot has an area of at least 450m² but less than 600m²;

· 380m², if the lot has an area of at least 600m² but less than 900m²; and

· 430m², if the lot has an area of at least 900m².

Accordingly, the proposed floor area of 362m² on a site with an area of 614.8m² would satisfy the FSR development standard under the Code.

Given that the recently introduced Code is now enacted in many parts of the Shire, it is anticipated that more developments will be approved under this Code, which will change the characteristics of dwelling-houses. Consequently, whilst Council has previously applied a maximum FSR of 0.4:1 for dwelling-houses in the low density residential zones within the Shire under the HSLEP, the introduction of the Code is changing the effect of this standard.

The proposal takes into consideration the environmental and topographical constraints of the site. The additional floor space would not impinge on the environmental and amenity aspects of the site and the underlying objectives of the zoning.

The dwelling-house would provide accommodation that would not detract from the scale and variety of dwelling-houses in the low density areas of the Shire. As the proposal is considered to meet the zone objectives outlined in the HSLEP, the “object of purpose” would be undermined if strict compliance of the prescriptive measure was required.

In summary, should the applicant undertake minor amendments to the design of the development, the proposal would not constitute a development application and Council would not necessarily be the consent authority to the application as it would be complying development.

2.4 Dwelling House Development Control Plan

The proposed development has been assessed having regard to 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	Complies
Floor space ratio	0.52:1	0.4:1	No
Site cover	37%	40%	Yes
Height	8.3m	<9m	Yes
Number of storeys	2	1	No
Unbroken wall length	9.5m	10m	Yes
Building length	21.8m	24m	Yes
Cut and fill	1m	1m	Yes
Setbacks - Front - Rear - Side (western) - Side (eastern)	5.9m 5m 1.3m 1.16m	1m 3m 1m 1m	Yes Yes Yes Yes
Private Open Space	155m²	120m²	Yes
Landscaping	47%	45%	Yes
Car parking spaces	2	2	Yes

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

2.4.1 Scale

The proposed dwelling-house incorporates a gross floor area of 324m²(excluding 38m²for thegarage) and a floor space ratio of 0.52:1. This does not comply with the 0.4:1 development standard outlined in the HSLEP.

Council has considered the proposal in regard to the provisions of the NSW Housing Code, which provides that the maximum gross floor area for complying development within the low density residential zones of the Shire as 380m². The proposal’s 362m² (including garage) therefore complies with the requirements of the NSW Housing Code. In support of the proposal, the applicant has submitted a SEPP1 objection that justifies a departure from the development standard.

The development would provide accommodation that would not detract from the scale and variety of dwelling-houses in the low density areas of the Shire and is considered acceptable.

2.4.2 Height

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”. However, the 8.3m height of the development would be permissible under the NSW Housing Code which permits dwelling-houses to a maximum height of 8.5m.

In assessing the merits of the application, it is concluded that the proposal would have minimal solar access, privacy and visual impacts on adjacent properties, meets the objectives of the Height element and is therefore considered acceptable.

2.4.3 Privacy

The proposed ground floor level study and family room have floor levels of between 1m and 1.3m above the natural ground level. As a consequence, the windows serving these rooms within the eastern elevation would result in overlooking of the adjoining property to the east at 45 Sherbrook Road.

The architectural plans indicate that a retaining wall is to be erected to a height of 600mm along the eastern boundary with No. 45 Sherbrook Road and the landscape plans proposes that a 1.8m high dividing fence would be erected on top of this wall.

The privacy impact of the development is acceptable provided that a boundary fence is erected in accordance with the requirements of the Dividing Fences Act, 1991. A condition of consent is recommended requiring the erection of this fence prior to the issue of an occupation certificate.

The proposed first floor level verandah off the “Master bedroom” is orientated towards the southern side of the allotment and would be 7m from the southern boundary and 2.66m from the eastern boundary. Privacy impacts would be minimal given its restricted size and anticipated limited use off the bedroom.

Under the NSW Housing Code, first floor level decks are permissible without privacy screens provided that they are a minimum 3m from a boundary line. Given the 2.66m side boundary setback of the proposal, a condition of consent is recommended requiring the erection of 1.5m high privacy screening along the eastern side of this verandah.

With these measures in place, the proposal meets the objectives of the Privacy element and is considered acceptable.

2.4.4 Solar Access

The shadow diagrams as originally submitted inaccurately depicted the solar access impacts of the proposal on adjacent properties.

A recalculation of the shadows cast by the proposal at 9am, 12 noon and 3pm on 22 June (the winter solstice) has confirmed that the development would allow the north-facing windows of living rooms and private open space areas on adjoining land to receive 3 hours and 4 hours of sunlight respectively on 22 June in accordance with the DCP.

The proposal meets the objectives of the Solar Access element and is considered acceptable.

2.4.5 Vehicular Access and Parking

Whilst the turning circle of the driveway complies with the “85% Design Car Turning Path”, the proposed 8.3% driveway transition does not comply with the 8% prescriptive measure of the Vehicular Access and Parking element. To address this minor non-compliance, a condition is recommended requiring the driveway to have a grade no greater than 25% with transitions of 8%.

To address the proposed location of the internal stairway within one of the garage spaces, a condition is recommended requiring that this stairway and/or the garage doors be modified to provide two vehicle parking spaces that meets the 5.7m x 5.4m unobstructed prescriptive measure.

With these amendments, the proposal meets the objectives of the Vehicular Access and Parking element and is considered acceptable.

3. ENVIRONMENTAL IMPACTS

3.1 Natural Environment

The site is not constrained by significant trees, threatened species, acid sulphate soils, soil contamination, watercourses, bushfire, flooding or landslip.

3.2 Built Environment

The proposal would not be out of character with the established built form of residential development in the area and would be consistent with the form of development permitted in the locality.

The approval of this development would not detract from the character of the area and would not set an undesirable precedence for similar developments in the immediate neighbourhood.

The proposal also meets the provisions of the recently enacted NSW Housing Code and would be typical of the style of development that this Code now permits.

3.3 Social and Economic Impacts

There are no anticipated adverse social or 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 appropriately zoned to accommodate the proposal and there are no natural or built hazards preventing the construction of the dwelling-house and associated works. The site is considered 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 4 November 2009 and 18 November 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

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

· unacceptable noise from traffic;

· overshadowing of adjoining properties;

· a loss of privacy; and

· a development that is excessive in bulk and scale.

The merits of the matters raised in these community submissions are addressed as follows:

5.1.1 Noise

A submission has raised concerns about the anticipated noise that would be generated as a result of this development. The noise generated by the proposed development would be typical of a low density residential zone and considered acceptable.

5.1.2 Solar Access

Submissions were received raising concerns regarding a loss of solar access generated by the proposed development in relation to the properties 45 Sherbrook Road and 67 Bridge Road.

The solar access impact of the development has been addressed in Section 2.4.4 of this report and is considered acceptable.

5.1.3 Privacy

Submissions were received raising concerns regarding the loss of privacy generated by the proposed development in relation to the premises No. 45 Sherbrook Road and 40A Denison Street (known as 47 Sherbrook Road).

The privacy impacts of the development have been addressed in Section 2.4.3 of this report and are considered acceptable

5.1.4 Bulk and Scale

One submission has been received raising concerns regarding the excessive bulk and scale of the proposed development.

As indicated in Section 2 of this report, the bulk and scale of the development would be consistent with the scale of development approved under the NSW Housing Code.

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 dwelling-house would be in the public interest.

CONCLUSION

This application proposes the erection of a two-storey, split-level dwelling house and associated works in a style that would be in keeping with the surrounding residential zone.

The development would have a gross floor area of 324m² which exceeds the 0.4:1 FSR requirement for the site. The applicant has made a submission under the provisions of SEPP 1 to vary this development standard. It is considered that the approval of the development is warranted in the circumstances of this case as the proposal would be eligible for complying development under the NSW Housing Code subject to the proposed fill being contained within the external walls of the dwelling. The application justifies the non-compliance with the relevant provisions within Clause 15 of the HSLEP and approval of the application would not set an undesirable precedent for the area.

Three submissions were received from neighbouring property owners objecting to the development on planning grounds. Whilst the grounds for objection are valid, it is considered that having regard to the merits of the case, they are not sufficient to warrant Council’s refusal of the application.

Having regard to the assessment of the proposed development and the circumstances of the case, it is recommended that the application be approved.

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.

Scott Phillips

Executive Manager

Planning Division

Simon Evans

Manager - Assessment Team 1

Planning Division

Attachments:

1.View	Locality Plan
2.View	Site Plans
3.View	Floor Plans
4.View	Elevations
5.View	Section
6.View	Shadow Diagram
7.View	Drainage & Waste Management Plan
8.View	Car Turning Circle Plan
9.View	Landscape Planning Plan

File Reference: DA/1385/2009

Document Number: D01353179

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*
Landscape Planting Plan	Michael Siu	28.10.09
Sheet 01-10 Revision C	S.F of Lily Homes	12.10.09
Sheet 11 Site Analysis Revision C	S.F of Lily Homes	12.10.09
Sheet 11 Turning Circle Revision C	S.F of Lily Homes	12.10.09
Sheet 09 - Revision D	Shadow diagrams - Council amendment	10.03.10

2. Amendment of Plans

The approved plans are to be modified for submission with the application for the construction certificate by relocating the proposed internal stairs within the garage and/or repositioning the garage doors to allow unobstructed access and parking for two vehicles.

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)

5. 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.

6. 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

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, and

c. Stating that unauthorised entry to the work site is prohibited.

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

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

9. 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

10. Construction Work Hours

All work on site (including site preparation/earth works) must only occur between 7am and 5pm Monday to Saturday. No work is to be undertaken on Sundays or public holidays.

11. 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.

12. Disturbance of Existing Site

REQUIREMENTS PRIOR TO THE ISSUE OF 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.

13. Fulfilment of BASIX Commitments

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

14. Stormwater Drainage

The stormwater drainage system for the development must be designed and constructed for an average recurrence interval of 20 years and be connected directly to Council’s street drainage system.

15. 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 must not exceed 25 percent and changes in grade must 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. Conduit for utility services including electricity, water, gas and telephone be provided.

16. 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.

17. Retaining Walls

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

18. Installation of Privacy Devices

To provide a reasonable level of privacy in relation to the adjacent premises No. 45 Sherbrook Road, the following measures are to be completed:

a. A 1.8m high dividing fence must be erected along the eastern property boundary commencing 33.6m from the rear boundary alignment, at no cost to the adjoining property owner; and

b. A 1.5m high opaque privacy screen is to be erected along the eastern side of the first floor level verandah off the “Master Bedroom”.

Note: Alternative boundary fencing may be erected subject to the written non-objection of the adjoining property owner.

- END OF CONDITIONS -

ADVISORY NOTES

Environmental Planning and Assessment Act, 1979 Requirements

· The Environmental Planning and Assessment Act, 1979 requires:

· 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 to be 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

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

Fines may be imposed for non-compliance with Council’s Tree Preservation Order.

Dial Before You Dig

Planning Report No. PLN21/10

Date of Meeting: 7/04/2010

4 DEVELOPMENT APPLICATION - RURAL SHED
5 ARRUNGA ROAD, ARCADIA

Development Application No:	DA/1558/2009
Description of Proposal:	Rural shed
Property Description:	Lot 1, DP 539656, No 5 Arrunga Road, Arcadia
Applicant:	Mr J I Reolon
Owner:	Mr Javier Ivan Reolon and Mrs Denise Margaret Reolon
Statutory Provisions:	Hornsby Shire Local Environmental Plan, 1994 Rural BA (Small Holdings – Agricultural Landscapes)
Estimated Value:	$35,000
Ward:	A

RECOMMENDATION

THAT Development Application No. 1558/2009 for the erection of a rural shed at Lot 1, DP 539656, No 5 Arrunga Road Arcadia 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 rural shed.

2. The proposal meets the objectives of the Hornsby Shire Local Environmental Plan, 1994 (HSLEP) and generally complies with Council’s Rural Lands Development Control Plan (DCP).

3. A ‘Red Sticker’ has been placed against the application and as a result, the application is referred to Council for determination.

4. One public submission was received during the exhibition period.

5. It is recommended that the application be approved.

THE SITE

The 2 hectare site is located on the south-eastern side of Arrunga Road. The front of the site has a 15% cross-fall from the north to the south in the front developed area of the land and the rear of the site falls away steeply to the south-eastern side towards a watercourse and surrounding bushland.

The site contains a single storey dwelling-house, a double garage and a swimming pool surrounded by extensive landscaped areas.

The remainder of the site to the south-east contains extensive native bushland and a steep gully which falls towards the watercourse.

The site is located within a bushfire prone area.

The surrounding rural development is characterized by properties having a similar size and topography with dwelling-houses, rural sheds, dams, cleared bushland and numerous agricultural structures. There are numerous rural sheds and “igloo” type green-houses in the vicinity of the subject allotment that are similar in terms of size and appearance to the proposal.

THE PROPOSAL

The application proposes the erection of a rural shed incorporating a studio, home office, store room, toilet, shower and a deck on the southern elevation. The metal-framed structure would rest partly on a suspended concrete slab and be constructed of “colorbond” walls and roof.

The attached timber deck, 3m x 11m in size, would be supported by metal posts and is to be covered by a steel-framed pergola.

There is provision for a “future storage loft” within the ceiling space above the garage.

The building would be 24.25m in length, 11m in width, with an enclosed floor area of 266.75m². Because of the topography of the building envelope, the overall height would vary between 6.1m and 7.3m above ground level.

The construction of the shed would require minor levelling and the removal of one tree, which is not listed as a significant tree.

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.

2. STATUTORY CONTROLS

2.1 Hornsby Shire Local Environmental Plan, 1994

The subject land is zoned Rural BA (Small Holdings – Agricultural Landscapes) under the Hornsby Shire Local Environmental Plan, 1994 (HSLEP).

The objectives of the zone are:

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

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

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

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

A “Rural Structure” a defined under the HSLEP is any “shed, barn, outbuilding or the like associated with a dwelling and used by the permanent residents of the dwelling for storage, hobbies, home occupations and the like”.

The applicant proposes to use the shed for the storage of cars, motor bikes, a trailer boat, a caravan, associated rural machinery and various pieces of workshop equipment. The remainder of the building would be used as an art studio, home office and store.

All these uses are in accordance with those permitted under the definition and are currently located on the property.

2.2 Rural Lands Development Control Plan

The proposed development has been assessed having regard to Council’s Rural Lands DCP. The following table sets out the relevant prescriptive controls for the erection of Agricultural and Rural Structures:

Rural Lands Development Control Plan
Control	Requirement	Proposed	Complies
Design	Rural sheds should be in keeping with the established rural character.	N/A	Yes
Visual Amenity	Large sheds that may impact upon the streetscape should be set back from the street.	-	Yes
Setbacks	Generally, sheds should be set back further from the street than the main residence and be a minimum of 15m from the front and side boundaries.	29.5m	Yes
Colours	Colours used in the construction should be compatible with the character of the rural lands, i.e. greens, browns and grey.	-	Yes
Materials	The materials used should reflect local precedents.	-	Yes
Location	Rural sheds should be located where they will have minimum impact on the potential use of the land for agriculture.	-	Yes
Urban streams	Structures should maintain a minimum 10m setback from the crest of the bank of a watercourse.	30m	Yes

The compliance with the above performance standards controls are addressed below:

2.2.1 Location and Design

The shed has been located to minimise any disturbance to the bushland that occupies much of the site. It has also been positioned to facilitate vehicle and trailer access from the driveway nearby and is clear of the existing household waste water treatment area for the dwelling-house.

The shed would be 29.5m from the front boundary alignment which satisfies the 15m minimum DCP requirement and is also located 5m behind the front boundary setback of the existing dwelling-house.

Whilst the side boundary setback of between 2.8m and 12.3m does not comply with the 15m prescriptive measure, it would have a limited visual impact when viewed from the street or adjoining properties due to its level below the road and the effective screening provided by adjoining vegetation.

2.2.2 Visual Amenity

The applicant has submitted a concept plan with relevant levels, demonstrating that the location and height of this shed would have minimum visual impacts when viewed from the street or adjoining properties, due to the topography of the site and the effective screening provided by existing vegetation on the subject and adjacent properties.

The design of the shed and the materials chosen are consistent with similar structures in the surrounding rural zone.

A condition is recommended requiring the structure to be finished in colours selected from the colour palette in Appendix D of the Rural Lands DCP, to ensure that its appearance would not detract from the rural character of the area when viewed from the street or adjacent properties.

The development meets the objectives of the ‘Visual Amenity’ element and is considered acceptable.

2.2.3 Setbacks

The proposed structure would be located 2.8m to 12.3m from the southern side boundary which does not comply with the 15m prescriptive measure of the Rural Lands DCP.

As the subject allotment is zoned Rural BA (Small Holdings-Agricultural Landscapes) and is defined as a “small allotment” (i.e. less that 10 hectares in area), it is exempt from the 15m prescriptive measure and should be assessed against the merits of the proposal. In this regard, the shed would be partly screened when viewed from the street by the existing buildings on the site and the existing vegetation. The shed would not be highly visible from adjoining allotments due the bushland that exists to the side and rear of the property.

The shed would also have minimal environmental impacts, given that it would be positioned on a part of the site that was filled many years ago and is clear of the bushland that covers approximately 60% of the remainder of the site.

The development meets the objectives of the ‘Setbacks’ element and is considered acceptable.

3. ENVIRONMENTAL IMPACTS

3.1 Natural Environment

The site is constrained by a koala habit, a watercourse and is bushfire prone. These impacts are discussed in detail below.

3.1.1 Urban Streams

The 30m setback of the proposal from the watercourse complies with the minimum 10m prescriptive measure in relation to the crest of the bank of this watercourse. Subject to the erection of sediment erosion controls prior to the commencement of works and the maintenance of these controls during construction, the proposal would have negligible impact on this watercourse.

The development meets the objectives of the ‘Urban Streams’ element and is considered acceptable.

3.1.2 Fire Hazard

As the land is identified as being bushfire prone, the application was referred to the NSW Rural Fire Service for comment. The RFS raised no objection to the proposal subject to the imposition of appropriate conditions of consent.

The proposal meets the objectives of the Fire Hazard element and is considered acceptable.

3.1.3 Koala Habitat (SEPP 44)

As the proposal would be sited clear of the natural bushland that covers much of the site, the development would have no impact on any existing or potential koala habitat.

3.1.4 Effluent Disposal

The development would be serviced by an on-site sewage management system installed and commissioned in accordance with Australian Standard 1547 – Onsite Domestic Wastewater Management (2000) and Environment & Health Protection Guidelines – Onsite Sewage Management for Single Households (1998). An appropriate condition of consent has been recommended to manage on-site effluent disposal generated by the development.

3.2 Built Environment

The sitting and design of the shed is typical of similar structures in the surrounding rural zone in terms of materials and colours and because of its height and location would have a minimal impact on the surrounding built environment.

3.3 Social and Economic Impacts

There are no anticipated adverse social or 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 appropriately zoned to accommodate the proposed development and there are no natural or built hazards preventing its construction. The site is considered 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 8 December, 2009 and 13 January 2010 in accordance with Council’s Notification and Exhibition Development Control Plan. During this period, Council received one submission. The map below illustrates the location of the nearby landowner that made a submission to the development.

NOTIFICATION PLAN

• PROPERTIES NOTIFIED

X SUBMISSIONS

RECEIVED

PROPERTY SUBJECT OF DEVELOPMENT

The submission objected to the proposal, generally on the grounds that the development does not comply with the setback requirements, would have unacceptable impacts on the adjoining watercourse, is excessive in size and would have significant visual impacts due to inadequate screening.

The issues of the setbacks, size and appearance of the proposal and its impact on the nearby watercourse have been addressed in Sections 2 and 3 of this report.

6. THE PUBLIC INTEREST

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

CONCLUSION

The application proposes the erection of a rural shed in a style that would be in keeping with the surrounding rural zone. The applicant has advised that the building would be used in conjunction with the existing structures on the property for the storage of cars, motor bikes, and other machinery, together with a caravan and a boat. The remainder of the building would be used as studio, home office and store. All these uses are in accordance with those permitted under the definition of a “rural shed” in the HSLEP.

The design and location of the development generally complies with the relevant requirements of Council’s Rural Lands DCP and meets the objectives of the rural zone. It is considered that the development would not have a negative impact upon the rural landscape and would be in keeping with the built form of the area.

Council received one submission from a neighbouring property owner raising valid planning concerns to the development. However, it is considered that those concerns can be appropriately addressed in the design of the development and the grounds for objection would not in themselves be grounds for the refusal of the application.

Having regard to the merits of the proposed development, it is recommended that the application be approved.

Scott Phillips

Executive Manager

Planning Division

Simon Evans

Manager - Assessment Team 1

Planning Division

Attachments:

1.View	Locality Plan
2.View	Site Plans
3.View	Floor Plans
4.View	Elevation Plan
5.View	Section

File Reference: DA/1558/2009

Document Number: D01355853

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

09-163 Sheets 1-5 Rev C

09-163 Sheet 6 RevA

09-163 Sheets 7-8

09-163 Sketch 1 Sheet 2/6 - Sediment Control

Gana Building and Landscape Design Services

Gana Building and Landscape Design

September 2009

2. Amendment of Plans

The approved plans are to be amended as follows:

a. To ensure that the proposed shed would not detract from the rural character of the area, the shed is to be finished in either green, brown and grey colours similar to the colour palette shown in Appendix D of the Hornsby Council’s Rural Lands DCP.

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)

5. 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.

6. Design and Construction - Bushfire Attack Category

a. The development must be constructed in accordance with the current Australian Standard AS395 ‘Construction of buildings in bush fire-prone areas’ Level 3 and the following conditions based on Planning for Bush Fire Protection 2006 and the NSW Rural Fire Service’s publication Standards for Asset Protection Zones:-

i. No timber on the building is to be exposed.

ii. All guttering and valleys are to be screened with non-corrosive mesh to prevent the build up of flammable material. Any materials used shall have a Flammability index no greater than 5.

b. In accordance with Development Control Services ‘Fast Fact 4/08 – Glazing in the Flame Zone’ all windows/doors glazing facing the hazard (Eastern and Northern elevations) shall have:

i. the openable portions screened using a mesh with aperture of 1.8mm made of corrosion resistant steel or bronze, and

ii. the window/door assemblies are protected by a complying bush fire shutter, or;

iii. where window/door systems are not protected by a complying bush fire shutter, the window system shall have an FRL of at least -/30/-; or

iv the window system shall comply with AS 1530.8.2 when tested from the outside.

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 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, and

c. Stating that unauthorised entry to the work site is prohibited.

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

8 Toilet Facilities

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

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

9. 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.

10. Landfill and Excavation

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

b. 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.

REQUIREMENTS DURING CONSTRUCTION

11. Construction Work Hours

All work on site (including demolition and earth works) must only occur between 7am and 5pm Monday to Saturday. No work is to be undertaken on Sundays or public holidays.

12. Council Property

13. Disturbance of Existing Site

REQUIREMENTS PRIOR TO THE ISSUE OF 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.

14. Stormwater Drainage

The stormwater drainage for the development must be connected to an absorption trench constructed to following requirements.

a. The trench is to be located a minimum of 5 metres from any down stream properties and 1 metre from the side boundaries;

b. The trench must be laid on contour;

c. The trench must be a minimum of 0.5 metres wide, 0.5 metres deep and 2 metres long for every 50 square metres of impervious area; and

d. Overland flow from the trench must be spread evenly over the site so as not to discharge water in a concentrated manner onto adjoining land.

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. Wastewater System Approval

An on-site sewage management system, separately approved under the Local Government Act 1993, must be installed, commissioned and certified by a licensed plumber in accordance with Australian Standard 1547 – Onsite Domestic Wastewater Management (2000) and Environment & Health Protection Guidelines – Onsite Sewage Management for Single Households (1998).

17. Retaining Walls

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

Operational Conditions

18. Bushfire Management – Protection Zones

The building(s) must be constructed and the land managed in such a manner that is consistent with the aim and objectives of the NSW Rural Fire Service publication ‘Planning For Bush Fire Protection 2006’ and in accordance with the following requirements:

a. The area between the proposed shed and the existing garage and pool and the area adjacent to the proposed shed and the southern boundary, must be maintained as an ‘Inner Asset Protection Zone’ in accordance with the following:

i. Minimise fine fuel at ground level.

ii. Only retain vegetation that does not provide a continuous path to building/s for the transfer of fire.

iii. Only retain shrubs and trees that do not form a continuous canopy and vegetation planted/cleared into clumps rather than continuous rows.

iv. Do not plant vegetation that retains dead material or deposits excessive quantities of ground fuel.

v. Shrubs and trees are pruned or removed so they do not touch or overhang the building/s.

vi. Vegetation is maintained at a sufficient setback from the building/s so plants will not ignite the building/s by direct flame contact or radiant heat emission.

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

- END OF CONDITIONS –

ADVISORY NOTES

Environmental Planning and Assessment Act, 1979 Requirements

· The Environmental Planning and Assessment Act, 1979 requires:

· 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 to be 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

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

Fines may be imposed for non-compliance with Council’s Tree Preservation Order.

Dial Before You Dig

Asbestos Warning

Should asbestos or asbestos products be encountered during demolition or construction 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 WorkCover NSW)be engaged to manage the proper handling of the material. Further information regarding the safe handling and removal of asbestos can be found at:

www.environment.nsw.gov.au

www.nsw.gov.au/fibro

www.adfa.org.au

www.workcover.nsw.gov.au

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

Planning Report No. PLN3/10

Date of Meeting: 7/04/2010

5 DEVELOPMENT APPLICATION - SUBDIVISION - TWO LOTS INTO FIVE - MULTI UNIT DWELLINGS
11 & 15 LODGE STREET HORNSBY

Development Application No:	DA/1590/2009
Description of Proposal:	Torrens title subdivision of two lots into five lots, the erection of four detached dwellings and the demolition of one dwelling
Property Description:	Lots 3 and 4 DP 14024 (No. 11 & 15) Lodge Street Hornsby
Applicant:	MKG Properties Pty Ltd
Owner:	Mr M Tracy, Mrs D Tracy, Mr C Palmer, Mrs A Newman
Statutory Provisions:	Hornsby Shire Local Environmental Plan 1994 Residential A (Low Density) Zone
Estimated Value:	$950,000
Ward:	A

RECOMMENDATION

THAT Council assume the concurrence of the Director-General of the Department of Planning pursuant to State Environmental Planning Policy No. 1 and approve Development Application No. 1590/2009 for the Torrens title subdivision of two lots into five lots, the erection of four detached dwellings and demolition of a dwelling house at Lots 3 and 4 DP 14024 (No. 11 & 15) Lodge Street Hornsby subject to the conditions of consent detailed in Schedule 1 of this report.

EXECUTIVE SUMMARY

1. The application proposes the Torrens title subdivision of two lots into five lots, the erection of four detached dwellings, retention of one dwelling house and the demolition of one dwelling house.

2. The proposal does not comply with the density control for the Residential A zone in the Hornsby Shire Local Environmental Plan 1994. However, pursuant to SEPP 1, the proposed variation to the development standard is supported as the proposed subdivision pattern is similar to the adjoining properties. The four detached dwellings to be constructed are designed in response to the small lots proposed. The development would be compatible with the locality.

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

4. It is recommended that the application be approved.

THE SITE

The site comprises two residential lots with a total area of 3005.3 sqm, located on the western side of Lodge Street Hornsby. The site has a rectangular shape with a frontage to Lodge Street of 32.31 metres and a maximum depth of approximately 59.4 metres.

One detached residential dwelling is located on each of the two lots.

The subject site falls towards the street, with levels of RL196.92 at the site’s rear northwest corner and RL186.14 at the front southeast corner. The average gradient is 8%.

The site comprises a number of exotic trees and locally indigenous specimens.

Buildings in the surrounding site are predominately low density residential in character. Adjoining the site to the north at No. 17 Lodge Street is a three lot subdivision, with a minimum lot size of approximately 400 sqm (excluding the access handle). A similar subdivision pattern exists to the south of the property at No. 9 Lodge Street. Each of these lots accommodates a one or two storey detached dwelling house. Further to the south of the site is Storey Park and Asquith Bowling Club. Land at the corner of Lodge Street and the Pacific Highway, 170 metres to the south of the site, is identified for possible future five storey residential apartments in Council’s Draft Housing Strategy.

THE PROPOSAL

The development application seeks consent for Torrens title subdivision into five lots, the demolition of one existing dwelling and the erection of four new detached dwellings.

· Lot 1: has an area of 595.63 sqm (466.59 sqm ex the access). It would accommodate a new 2 storey detached dwelling (dwelling A) adjacent to Lodge Street.

· Lot 2: has an area of 494.12 sqm (389.62 sqm ex the access). The new lot which is located in the centre of the site is proposed to accommodate a single storey dwelling (dwelling B). The property is accessed via a right-of-way over Lot 1.

· Lot 3: has an area of 413.62 sqm (409 sqm ex the access). The lot located adjacent to the rear boundary is proposed to accommodate a single storey dwelling (dwelling C). The property is accessed via a right-of-way over Lots 1 and 2.

· Lot 4: has an area of 541.68 sqm (518 sqm ex the access). The lot is located to the rear of existing house to be retained at No. 11 Lodge Street and is to accommodate a single storey dwelling (dwelling D). The property is accessed via a right-of-way over Lots 1 and 2.

· Lot 5: has an area of 960.45 sqm. The lot accommodates an existing 2 storey brick dwelling and pool. The property retains its existing private driveway to Lodge Street.

Stormwater is to be drained to Lodge Street via an on-site stormwater detention system.

ASSESSMENT

1. STRATEGIC CONTEXT

1.1 Metropolitan Strategy – (Draft) North Subregional Strategy

The draft Subregional Strategy sets the following targets for the Hornsby LAG 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 four dwellings and would improve housing choice in the locality.

2. STATUTORY CONTROLS

2.1 Hornsby Shire Local Environmental Plan 1994

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

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

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

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

The proposed development is defined as ‘demolition’, ‘subdivision’ and ‘multi-unit housing’ under the HSLEP and is permissible in the zone with Council’s consent.

Clause 14 of the HSLEP prescribes that the minimum area of an allotment within the Residential A zone is 500 sqm, excluding the area of any accessways. Proposed lots 1, 2 and 3 do not comply with this requirement. An objection to the development standard pursuant to State Environmental Planning Policy No. 1 has been submitted and is discussed further at Section 2.2 of this report. Clause 14 also prescribes a maximum site density of one dwelling per 350 sqm, exclusive of any accessway. The proposal achieves an average density of one dwelling per 548 sqm which complies with this standard.

Clause 15 of the HSLEP prescribes that the maximum floor space ratio (FSR) of development within the Residential A zone is 0.4:1. Each of the proposed lots complies with this development standard.

2.2 State Environmental Planning Policy No. 1 – Development Standards

The applicant has submitted an objection to the requirement for compliance with the minimum 500 sqm lot size development standard pursuant to Clause 14 of the HSLEP.

1. the objectives of the standard are achieved notwithstanding non-compliance with the standards;

2. the underlying objective or purpose of the standard is not relevant to the development and therefore compliance is unnecessary;

3. the underlying object of purpose would be defeated or thwarted if compliance was required and therefore compliance is unreasonable;

4. the development standard has been virtually abandoned or destroyed by the Council’s own actions in granting consents departing from the standard and hence compliance with the standard is unnecessary and unreasonable;

5. the zoning of the particular land is unreasonable or inappropriate so that a development standard appropriate for that zoning is also unreasonable and unnecessary as it applies to the land and compliance with the standard would be unreasonable or unnecessary. That is, the particular parcel of land should not have been included in the particular zone.

The applicant’s grounds for objection under SEPP No. 1 rely on point 1 above in respect to this application, as summarised in the following:

“Clause 14(2) of the HSLEP controls the minimum allotment size by restricting the area of allotments created by a subdivision of land zoned Residential A (Low Density) to 500 sqm excluding the access handle. This provision is a development standard as defined by Section 4 of the Environmental Planning and Assessment Act.

Strict compliance with the standard in relation to Lots 1, 2 and 3 is unreasonable given that:

1. The proposed housing (built form) is clearly permissible upon the land.

2. The proposed subdivision would not result in any physical works other than those forming part of the Low Density Housing part of the application. As such its occurrence would seem to be inconsequential.

3. The proposed development upon each allotment would comply with Council’s controls in relation to floor space.

4. The subdivision would result in a subdivision pattern identical with that occurring on properties to the north and south of the subject site. Furthermore it is also noted that other examples of 3 lot (undersized) subdivisions exist further to the north in Lodge Street. It is considered that the circumstances pertaining to this application are consistent with those occurring and described in the Prowse v Hornsby Council matter and as such the variation proposed in this instance is also considered to have merit. It is therefore considered that the applicable underlying objective of the development standard of achieving lot sizes and a subdivision pattern in keeping with the surrounding subdivision pattern are achieved not withstanding non-compliances with the standard.

5. The proposal would not result in any unreasonable impacts.

In conclusion it would be both unreasonable and unnecessary for strict compliance with this standard to be required in this case given that the subdivision outcome would be consistent with the subdivision pattern in the immediate vicinity.”

For the reasons detailed in this report, it is considered that the SEPP No. 1 objection is well founded and is supported.

2.3 State Environmental Planning Policy No. 55 - Contaminated Lands

Clause 7 of State Environmental Planning Policy No. 55 - Remediation of Land (SEPP 55) requires Council to consider whether land is contaminated prior to granting consent to the carrying out of any development on that land.

Should the land be contaminated Council must be satisfied that the land is suitable in a contaminated state for the proposed use. If the land requires remediation to be undertaken to make the land suitable for the proposed use, Council must be satisfied that the land would be remediated before the land is used for that purpose.

The site has a history of residential development. Therefore, it is not likely that the site has experienced any significant contamination and further assessment under SEPP 55 is not required.

2.4 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004

The application has been assessed against the requirements of the State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004, which aims to ensure consistency in the implementation of the BASIX scheme throughout the State.

A BASIX Certificate was submitted as part of this application. A condition requires that the applicant demonstrate the fulfilment of BASIX commitments pertaining to the development.

2.5 Sydney Regional Environmental Plan No. 20: Hawkesbury-Nepean River (No. 2)

The application has been assessed against the requirements of SREP No. 20. This Plan provides State-wide planning controls for the protection of the Hawkesbury-Nepean River system by ensuring that the impacts of development are considered in a regional context.

The applicant addresses this requirement by providing an erosion and sediment control plan for the construction of the development. Stormwater quality would not be significantly impacted by this residential development, with appropriate consent conditions.

2.6 Low Density Multi-Unit Housing Development Control Plan

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

Low Density Multi-Unit Housing Development Control Plan

Control

Proposal

Requirement

Compliance

Density

1 dwelling per 548sqm

1 dwelling per 350sqm

Yes

Floor Space Ratio

Lot 1 (dwell A)

Lot 2 (dwell B)

Lot 3 (dwell C)

Lot 4 (dwell D)

Lot 5 (existing)

0.39:1

0.32:1

0.34:1

0.21:1

0.4:1

Yes

Site Coverage

Lot 1 (dwell A)

Lot 2 (dwell B)

Lot 3 (dwell C)

Lot 4 (dwell D)

Lot 5 (existing)

24%

38%

42%

40%

32%

40%

Yes

Unbroken Wall length

Lot 1 (dwell A)

Lot 2 (dwell B)

Lot 3 (dwell C)

Lot 4 (dwell D)

9.7m

23m

18m

22m

10m

Yes

Total Building length

Lot 1 (dwell A)

Lot 2 (dwell B)

Lot 3 (dwell C)

Lot 4 (dwell D)

17m

23m

18m

22m

24m

Yes

Building Height

Lot 1 (dwell A)

Lot 2 (dwell B)

Lot 3 (dwell C)

Lot 4 (dwell D)

7.3m

3.5m

3.45m

3.95m

9m (ridge)

3.6m (ceiling)

Yes

Private Open Space

Lot 1 (dwell A)

Lot 2 (dwell B)

Lot 3 (dwell C)

Lot 4 (dwell D)

Lot 5 (existing)

120sqm

100sqm

114sqm

130sqm

277sqm

120sqm

100sqm

120sqm

Yes

Landscaping

Lot 1 (dwell A)

Lot 2 (dwell B)

Lot 3 (dwell C)

Lot 4 (dwell D)

Lot 5 (existing)

47%

36%

45%

54%

45% min

Yes

Setbacks

Lot 1 (dwell A)

Front/road

Side (north)

Side (south)

Rear (west)

Between dwellings

10m

1.2m

5.6m

9.8m

6.8m

Yes

Lot 2 (dwell B)

Front

Side (north)

Side (south)

Rear (west)

Between dwellings

0.2m

5.9m

7.6m

Yes

Lot 3 (dwell C)

Front

Side (north)

Side (south)

Rear (west)

Between dwellings

0.2m

7.1m

4.5m

Yes

Lot 4 (dwell D)

Front

Side (north)

Side (south)

Rear (west)

Between dwellings

2.2m

8.2m

4.5m

Yes

Lot 5 (existing)

Front/road

Side (north)

Side (south)

Rear (west)

Between dwellings

No change

11m

6.8m

N/A

Yes

Carparking

2 spaces

per dwelling

2 spaces

per dwelling

Yes

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

2.6.1 Density

The ‘density’ element requires development to promote a low density residential environment, provide for lots of sufficient size to satisfy user requirements, and enable flexibility in housing design.

The proposal complies with the prescriptive measure that requires an average density of one dwelling per 350sqm, excluding any right of way. The proposal also complies with a maximum floor space ratio of 0.4:1 for each dwelling on each proposed lot. However there is a minor variation proposed to the site coverage control. Proposed Lot 3 (Building C) achieves a site coverage of 42%, which marginally exceeds the maximum 40% prescribed in the density element.

The minor variation to the site coverage control on Lot 3 is supported taking into account the density of development on the adjoining lots. Furthermore the NSW Housing Code, which is applicable to residential development, permits a site coverage on lot type A (450-600 sqm lots) of up to 55-73%. Accordingly, the proposed site coverage of 42% would not be inconsistent with the element objective of promoting a low density residential environment.

2.6.2 Setbacks

The ‘setback’ element requires development to complement the streetscape, provide for landscaping and protect the privacy of and sunlight to adjacent dwellings.

Front/Road Setbacks

Building A adjoins Lodge Street and is setback at least 10 metres which complies with the element objective of complementing the streetscape. The proposed new buildings to the rear (Buildings B, C and D) have a front eastern setback below the 6 metres prescribed in the setback element. These proposed setbacks do not undermine the achievement of the element objective and are supported as there is no impact on the streetscape or any significant privacy or sunlight implications due to the separation between the dwellings.

Side Setbacks

All four proposed dwellings provide for a 1 metre side setback to the northern and southern property boundaries which complies with the prescriptive control in the DCP. This excludes some proposed air conditioning units and rainwater tanks that are located within the 1m side boundary setback. This is consistent with State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 that permits such structures to be setback 450mm from each lot boundary.

Rear Setbacks

All of the proposed dwellings comply with the rear boundary setback provisions.

Setbacks between dwellings

The proposed multi-unit housing development generally complies with the prescriptive control that a minimum setback of 5 metres be maintained between detached dwellings. This excludes the separation between proposed Dwellings C and D, which are separated by 4.4 metres. The proposed plans were modified in February 2010 to remove the windows from the southern elevation of Dwelling C to ensure that no privacy conflicts arose as a result of the proposed building separation. Furthermore, this location is proposed to be landscaped and would function as a side setback. Therefore, the minor variation to the planning control is supported.

2.6.3 Design

The ‘design’ element requires development to be consistent with and enhance the character and amenity of the area and have regard for the topography.

The proposed multi-unit housing development would fit in with the established streetscape. The design, bulk and scale and setback of Dwelling A is compatible with the adjacent properties in Lodge Street.

The application proposes single storey dwellings to the rear of the property, consistent with the established built form on the adjacent development sites. These single storey dwellings have a building wall in excess of 10m length, contrary to the provisions of the DCP. This non compliance would have no significant impact on the streetscape or on adjacent properties given the modest height of the proposed buildings.

The design of the buildings relates to the slope of the land, with cut and fill generally not exceeding 1m in depth.

2.6.4 Height

The ‘height’ element aims to control the height of buildings to maintain a consistent residential character and maximise privacy, solar access and views.

The built form is consistent with the DCP principle that two storey buildings are permitted adjacent to the street, with rear dwellings to be single storey structures.

The single storey dwelling at Lot 4 (Dwelling D) exceeds the maximum ceiling height control of 3.6 metres above natural ground because of the 1 metre fill proposed beneath the garage. The proposed ceiling height of 3.95m would not have a significant impact on solar access, privacy or views. Furthermore, if a dwelling was alternatively proposed on proposed Lot 4 under the NSW Housing Code, a two storey building would be permitted. Accordingly, the proposed minor variation to the ceiling height control over a portion of dwelling D is supported.

2.6.5 Privacy

The ‘privacy’ element requires that existing and future residents be provided with reasonable privacy in their home and private open space.

The siting, design and height of the proposed dwellings ensures that a reasonable level of privacy is provided to existing and future residents in the locality.

2.6.6 Solar Access

The ‘solar access’ element requires development to ensure reasonable solar access to living areas within dwellings and to open spaces around dwellings.

The proposed dwellings are designed to receive sunlight access to the west facing living areas and private open space areas in the afternoon in mid-winter. Furthermore a Basix certificate has been submitted to ensure the building addresses energy efficiency requirements.

As the proposal provides for single storey dwellings in the rear of the site, the overshadowing that is to occur on the adjacent properties would be limited and is acceptable.

2.6.7 Landscaping

The ‘landscaping’ element requires developments to provide attractive landscapes that reinforce the function of a street, enhance the amenity of dwellings and to preserve significant stands of trees or natural vegetation.

The element requires at least 45% of the site to be landscaped. Proposed Lot 2 (dwelling B) does not comply as only 36% of the site is available for landscaping. The variation proposed on this lot is supported taking into account the total extent of landscaping provided on the development site which exceeds the prescriptive control. Furthermore the NSW Housing Code only requires 25% of residential sites be landscaped. The development complies with this standard.

The proposal does not impact on the preservation of stands of significant trees. The only substantial trees on the site are located adjacent to the rear boundary within proposed Lots 3 and 4 and are able to be retained by the development.

2.6.8 Vehicle Access and Parking

The ‘vehicle access and parking’ element requires vehicular access to be simple, safe and direct. It also requires sufficient and convenient parking for residents and visitors.

The prescriptive controls require 2 car parking spaces be provided per dwelling, which is proposed by the development. The parking spaces for the new dwellings have also been designed so that vehicles can stand in front of the required double garages and not block the common accessway. This would also facilitate any temporary visitor parking for the new dwellings.

The driveway has been designed with a maximum width of 3 metres, in accordance with the DCP. This excludes the front 6 metres of the driveway which provides for two cars to pass. Provision is also made for 0.5m of landscaping adjacent to the common driveway.

The application was modified in February 2010 to improve vehicle manoeuvring on the site. The engineering assessment of the application concludes that the development is satisfactory, subject to appropriate conditions.

2.7 Residential Subdivision Development Control Plan

The application also seeks approval for the Torrens title subdivision of the completed multi-unit houses. The proposed development has been assessed having regard to the relevant performance and prescriptive design standards within Council’s Residential Subdivision Development Control Plan. The following table sets out the proposal’s compliance with some of the prescriptive standards of the Plan. Other applicable standards are previously discussed under the Low Density Multi-Unit Housing DCP at Section 2.6.

Residential Subdivision Development Control Plan
Control	Proposal	Requirement	Compliance
Density (Lot size)	Lot 1 – 466 sqm Lot 2 – 389 sqm Lot 3 – 409 sqm Lot 4 – 518 sqm Lot 5 – 960 sqm	500sqm	No
Accessway Design	3.5m wide (var)	4 m wide	No

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

2.7.1 Density (Lot Size)

The ‘density’ element requires development to promote a low density residential environment and provide for lots of sufficient size to satisfy user requirements.

The proposed allotments Nos. 1, 2 and 3 do not comply with the minimum allotment area of 500sqm prescribed within Clause 14 of the Hornsby Shire LEP. As previously discussed at Section 2.2 of the report, this is supported as the development would result in a subdivision pattern identical with that occurring on properties to the north and south of the subject site. Therefore the underlying objective of the development standard of achieving lot sizes and a subdivision pattern in keeping with the surrounding subdivision pattern are achieved.

The size and configuration of the lots enables the construction of a built form that is sympathetic to the established character of the area. The inclusion of multi-unit housing within this application provides certainty that the built form would have minimal external environmental impacts.

2.7.2 Accessway Design

The ‘accessway design’ element requires private accessways servicing up to 6 dwellings should have a width of 4m consisting of a carriageway of 3m, excluding kerbs, with

landscaping verge of 0.5m on each side.

The proposed accessway has a width of 3.5 metres, incorporating a 3m wide pavement and partial landscaping on the southern boundary. The application proposes a 0.5m wide landscape easement on the northern boundary of the accessway to enable the landscaping to be under the control of the adjacent dwelling owner and not impacted by utility services. The recommended consent conditions require the provision of landscaping strips 0.5m wide along both sides of the length of the driveway. Therefore, the elements envisaged by the prescriptive measures are all provided, being a pavement with landscaping on either side. A turning area is provided in the west of the site to enable vehicles to enter and leave the premises in a forward direction.

2.8 Waste Minimisation and Management Development Control Plan

The proposal complies with the objectives and measures contained within the Waste Minimisation and Management Development Control Plan. A waste management plan has been submitted and would be implemented in accordance with the consent conditions. Residential waste would be collected from the street frontage, which is consistent with the prescriptive controls for Waste Minimisation and Management within the Low Density Multi-Unit Housing DCP.

2.9 Sustainable Waters Development Control Plan

The proposal complies with the objectives and measures contained within the Sustainable Waters Development Control Plan. An erosion and sediment control plan has been prepared and would be implemented in accordance with the consent conditions.

2.10 Section 94 Contributions

The applicant would be required to make a payment of a contribution towards the cost of transport and traffic management, library and community facilities, civic improvements, stormwater drainage, bushfire protection and Section 94 administration in accordance with Sections 94, 94B and 94C of the Act and Council’s Development Contributions Plan 2007‑2011. A condition has been imposed to require the payment of s94 contributions for the development.

3. ENVIRONMENTAL IMPACTS

3.1 Natural Environment

The proposed development would necessitate the removal of fifteen trees from the site, eight of which are exempt under the Council’s Tree Preservation Order. The application has been supported by an Arborist’s report that assesses those trees for removal as being of low to moderate value. Council’s assessment of the proposal included a detailed examination of the existing trees on site and concluded that none of the trees for removal were significant. The development retains the site’s significant trees including six Turpentines and two Sydney Red Gum trees.

It is considered that the proposed removal of trees is acceptable as the application proposes extensive landscaping of the property that would provide for some replacement canopy planting.

3.2 Built Environment

The proposal is compatible with the locality and has a negligible impact on the built environment as previously discussed under the Low Density Multi-Unit Housing and Residential Subdivision DCPs above.

3.3 Social Impacts

The proposal would not have a detrimental social impact upon the locality.

3.4 Economic Impacts

The proposal would have a minor positive impact on the local economy in conjunction with other new low density residential development in the locality by generating an increase in demand for local services.

4. SITE SUITABILITY

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

The site does not have any prohibited site constraints such as flooding or bushfire risk. The proposed development is consistent with the zone objectives for low density housing.

5. PUBLIC PARTICIPATION

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

5.1 Community Consultation

The proposed development was placed on public exhibition and was notified to adjoining and nearby landowners between 16 December 2009 and 4 February 2010 in accordance with Council’s Notification and Exhibition Development Control Plan. Amended plans were renotified to adjoining neighbours from 23 February 2010 to 9 March 2010. During this period, Council received one submission. The map below illustrates the location of those nearby landowners who made a submission that are in close proximity to the development site.

NOTIFICATION PLAN

• PROPERTIES NOTIFIED

X SUBMISSIONS

RECEIVED

PROPERTY SUBJECT OF DEVELOPMENT

One submission received was neutral to the development, however made a request that Council impose a condition of consent requiring that the applicant pay for a new boundary fence at the applicant’s cost.

The existing rear boundary fence has a height in part of only 1.5 metres. It is considered to be a reasonable request that the applicant be required to construct a 1.8 metre boundary fence at nil cost to the neighbouring property owner. A recommended condition of consent has been included in Schedule 1.

5.2 Public Agencies

No referrals to external public agencies were required.

6. THE PUBLIC INTEREST

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

CONCLUSION

The application proposes the Torrens title subdivision of two lots into five lots, the erection of four detached dwellings and the retention of one existing dwelling.

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 proposal does not comply with the prescriptive density control for the Residential A zone in the Hornsby Shire Local Environmental Plan 1994. However, pursuant to SEPP 1, the proposed variation to the development standard is supported as the proposed subdivision pattern is similar to the adjoining properties.

Matters raised within the one submission to the development can be resolved to the satisfaction of all parties through the imposition of a condition of consent. On this basis, the application is made without community objection.

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 for additional housing which is consistent with the Metropolitan Strategy. Given this, and the recommended conditions, it is recommended that the application be approved.

Rod Pickles

Manager - Assessment Team 2

Planning Division

Paul David

Manager - Subdivision & Development Engineering Services

Planning Division

Scott Phillips

Executive Manager

Planning Division

Attachments:

1.View	Locality Plan
2.View	Site Plan
3.View	Landscape Plan
4.View	Floor Plans and Elevations
5.View	Shadow Plan
6.View	Tree Removal Plan

File Reference: DA/1590/2009

Document Number: D01327029

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*
RL 1503 Rev B Subdivision Plan Sheet 1 of 1	Residential Logistics P/L	17.02.10
RL 1503 Site Plan and Calculations Sheet 1 of 4	Residential Logistics P/L	17.02.10
RL 1503 Floor Plan and Elevations - Dwelling A - Sheet 2 of 4	Residential Logistics P/L	17.02.10
RL 1503 Floor Plan and Elevations - Dwellings B & C - Sheet 3 of 4	Residential Logistics P/L	17.02.10
RL 1503 Floor Plan and Elevations - Dwelling D - Sheet 4 of 4	Residential Logistics P/L	17.02.10
RL 1503 – Erosion and Sediment Control Plan	Residential Logistics P/L	23.11.09
105067 Dwg No1 Issue A Storm Civil Cover sheet	StormCivil Engineering Solutions	06.11.09
105067 Dwg No 2 Issue A StormCivil Stormwater Management Plan	StormCivil Engineering Solutions	06.11.09
LPDA 10 – 145/1D Landscape Plan	Conzept Landscape Architects	February 2010

*Document No.*	*Prepared by*	*Dated*
Statement of Environmental Effects	Glendinning Minto & Associates P/L	December 2009
Development Impact Assessment Report [Arboricultural]	Earthscape Horticultural Services	December 2009
Basix Certificates – Dwelling A - 281598S_02 Dwelling B - 281602S_02, Dwelling C - 281607S_02, Dwelling D – 281612S		19.02.10 19.02.10 19.02.10 11.11.09
Schedule of External Finishes	Residential Logistics	14.12.09
Waste Management Plan	Residential Logistics	Received 15.12.09

2. Amendment of Plans

The approved plans are to be amended as follows:

a. The StormCivil Stormwater Management Plan is superseded by the amended Site Plan by Residential Logistics dated 17.12.10.

b. The proposed air conditioning units and rainwater tanks are to be sited at least 450mm from each lot boundary.

3. Removal of Existing Trees

This development consent only permits the removal of trees numbered 3,4,6A,13,13A, 16,17, 18,19,20,20A,21,22,23,24 as identified on Tree Assessment Plan prepared by Earthscape Horticultural Services dated December, 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

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.

7. 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

8. 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, and

c. Stating that unauthorised entry to the work site is prohibited.

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

9. Toilet Facilities

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

b. be a temporary chemical closet approved under the Local Government Act, 1993; or

c. have an on-site effluent disposal system 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.

11. Tree Protection Barriers

Tree protection fencing must be erected around trees numbered 5,7,8,9,10,11,12,14,15 to be retained at a 5 metre setback. The tree fencing must be constructed of 1.8 metre ‘cyclone chainmesh fence’.

REQUIREMENTS DURING CONSTRUCTION

12. Construction Work Hours

All work on site (including demolition and earth works) must only occur between 7am and 5pm Monday to Saturday.

No work is to be undertaken on Sundays or public holidays.

13. 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.

14. Environmental Management

15. Works near Trees

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

All works (including driveways and retaining walls) within 4 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).

16. Council Property

17. Landfill

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

b. A compaction certificate is to be obtained from a geotechnical engineer verifying that the specified compaction requirements have been met.

18. Excavated Material

REQUIREMENTS PRIOR TO THE ISSUE OF 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. 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 via the on site detention system.

b. An inter-allotment stormwater drainage system to service the proposed development with pits being constructed in situ.

20. 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 15 cubic metres, and a maximum discharge (when full) of 24 litres per second.

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.

21. 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 must not exceed 25 percent and changes in grade must 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. The access crossing shall have a minimum width of 5.5m and this width shall extend 6m into the property.

e. 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.

f. 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.

g. 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.

h. Planting of landscaping strips 0.5 metres wide along both sides of the length of the driveway.

i. Conduit for utility services including electricity, water, gas and telephone be provided.

22. 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.

b. The footway area to be restored by turfing.

23. 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.

24. 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.

25. 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.

26. s94 Infrastructure Contributions

The payment to Council of a contribution of $58,776.60* for three additional dwellings/lots 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 $ 19,592.20 per additional lot and is current as at 8 March 2010. The contribution would 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.

27. Fulfilment of BASIX Commitments

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

28. 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.

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.

29. Boundary Fencing

Fencing must be erected along all property boundaries behind the front building alignment to a height of 1.8 metres.

Note: Alternative fencing may be erected subject to the written consent of the adjoining property owner(s).

REQUIREMENTS PRIOR TO THE ISSUE OF A SUBDIVISION CERTIFICATE

30. Occupation Certificate

Evidence that a final occupation certificate has been issued for the approved dwellings in accordance with the consent.

31. Sydney Water – s73 Certificate

A s73 Certificate must be obtained from Sydney Water.

32. Creation of Easements

The following matters must be nominated on the plan of subdivision under s88B of the Conveyancing Act 1919:

a. A right of access and easement for services over the access corridor and turning bay.

b. An inter-allotment drainage easement(s) over each of the burdened lots.

c. 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.

d. 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.

OPERATIONAL CONDITIONS

33. 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).

- END OF CONDITIONS -

ADVISORY NOTES

Environmental Planning and Assessment Act, 1979 Requirements

· The Environmental Planning and Assessment Act, 1979 requires:

· 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 to be 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

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

Fines may be imposed for non-compliance with Council’s Tree Preservation Order.

Subdivision Certificate Requirements

A subdivision certificate application is required to be lodged with Council containing the following information:

· A surveyor’s certificate certifying that all structures within the subject land comply with the development consent in regard to the setbacks from the new boundaries.

· 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.

· Certification that the requirements of relevant utility authorities have been met; and

· a surveyor’s certificate certifying finished ground levels are in accordance with the approved plans.

Note: Council would not issue a subdivision certificate until all conditions of the development consent have been completed.

Fees and Charges – Subdivision

All fees payable to Council as part of any construction, compliance or subdivision certificate or inspection associated with the development (including the registration of privately issued certificates) are required to be paid in full prior to the issue of the subdivision certificate. Any additional Council inspections beyond the scope of any compliance certificate required to verify compliance with the terms of this consent would be charged at the individual inspection rate nominated in Council's Fees and Charges Schedule.

Dial Before You Dig

Asbestos Warning

Should asbestos or asbestos products be encountered during demolition or construction 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 WorkCover NSW) be engaged to manage the proper handling of the material. Further information regarding the safe handling and removal of asbestos can be found at:

www.environment.nsw.gov.au

www.nsw.gov.au/fibro

www.adfa.org.au

www.workcover.nsw.gov.au

Alternatively, telephone the WorkCover 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. PLN18/10

Date of Meeting: 7/04/2010

6 DEVELOPMENT APPLICATION - RECREATION FACILITY (INDOOR) - ALTERATIONS AND ADDITIONS
WEST EPPING PARK AND OVAL - 15X WARD STREET, EPPING

Development Application No:	DA/19/2010
Description of Proposal:	Alterations and additions to an existing recreation facility and extension of the existing car park area.
Property Description:	West Epping Park and Oval, Lot 100 DP 834523, No. 15X Ward Street, Epping.
Applicant:	Mr Phillip Hare
Owner:	Hornsby Shire Council
Statutory Provisions:	Hornsby Shire Local Environmental Plan 1994 - Open Space A (Public Recreation - Local) and Residential A (Low Density) zone
Estimated Value:	$550,000
Ward:	C

RECOMMENDATION

THAT Development Application No. 19/2010 for alterations and additions to an existing recreation facility and extension of the existing car park area at Lot 100 DP 834523, No. 15X Ward Street Epping - West Epping Park and Oval 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 YMCA recreation facility and an extension of the existing car park area at West Epping Park and Oval.

2. The development involves land owned by Council. Given that Council received public submissions regarding the development application, it is appropriate that the matter be considered by Council at a Planning Meeting.

3. Two submissions have been received in respect of the application. Accordingly, the application has been referred to Council for determination.

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

5. It is recommended that the application be approved.

THE SITE

The site has an area of 36,350 square metres and is located on the western side of Ward Street at the intersection of Lilli Pilli Street, between West Epping Oval to the north and West Epping Public School to the south.

Access to the site is off Ward Street via a shared driveway and pedestrian walkway. To the eastern side and underneath the existing building is a broad surface car park accommodating 23 car spaces.

The site is currently used as a recreation area and facility comprising a YMCA building, Council’s Community Centre, the West Epping Child Care Centre, five tennis courts and two soccer fields.

Surrounding development comprises West Epping Bowling Club to the north, West Epping Public School to the south and residential development to the east and west of the site.

THE PROPOSAL

The existing facility is currently used as a fitness centre and YMCA Club facility. The proposal would maintain the use within a larger facility with more usable and functional internal spaces which responds to the increasing needs of the community.

The proposed development is to be undertaken within the ground floor of the Club and comprises the following works:

· Extension of existing bitumen area to the eastern side of the Club building to create an open car park area;

· new retaining walls and tree screen along the eastern side of the new car park area;

· new floor and external brick and glass walls to the northern and eastern sides of the undercover ground floor car park area to create a new ‘Program/Fitness Area’;

· demolition of existing access corridor and provision of new secure entry and corridor off West Epping Oval;

· provision of new male, female and disable toilet and shower facilities;

· provision of new window/visual link between the entry and the new ‘Program/Fitness Area’;

· provision of new access ramp; and

· provision of new reception desk.

PROBITY DEVELOPMENT APPLICATIONS

The development involves land owned by a Hornsby Shire Council. In accordance with Council’s adopted policy, ‘Probity DA’s’ involving ‘non-controversial small scale development’ or ‘routine operational development’ (as defined as Category 1 development under the ICAC position paper - Corruption risks in the NSW development approval process), which are not subject to any objection, may be assessed by Council officers and determined under delegated authority, unless otherwise requested to be referred to Council by Councillor(s). As Council received public submissions regarding the development application, it is appropriate that the matter be considered by Council at its Planning Meeting.

The YMCA leases the premises from Council at a ‘peppercorn’ rate and therefore Council does not obtain any commercial gain from the premises. Given that Council would not stand to financially gain from the application, it is not considered necessary to refer the application to an independent consultant to assess the merits of the proposal. Council’s determination of the application upon considering the officer’s assessment report would be consistent with Council’s Probity Development Applications Policy.

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 additional community facilities for an expanding population.

2. STATUTORY CONTROLS

2.1 Hornsby Shire Local Environmental Plan 1994

The subject land is zoned part Residential A (Low Density) zone and part Open Space A zone under Hornsby Local Environmental Plan 1994 (HSLEP). The development is located wholly within the Open Space A (Public Recreation - Local) zone.

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 protect and preserve areas of urban bushland which are considered valuable in terms of their ecology.

The proposed development is defined as ‘recreation facility’ under the HSLEP and is permissible in the zone with Council’s consent.

There are no density or floor space ratio (FSR) provisions contained within Clause 14 and 15 of the HSLEP for the Open Space A (Public Recreation - Local) zone.

Clause 18 of HSLEP sets out heritage conservation provisions within the Hornsby area. The site is not listed as a heritage item under Schedule D of the HSLEP and the site is not located within a Heritage Conservation Area under Schedule E of the HSLEP.

Whilst the site adjoins Epping West Public School which contains a heritage item of local significance, the proposed development is sited away from the heritage item and would therefore not have a detrimental impact upon its significance.

2.2 Sydney Regional Environmental Plan (Sydney Harbour Catchment)

The site is located within the catchment of the Sydney Harbour and requires consideration against the provisions of Sydney Regional Environmental Plan (Sydney Harbour Catchment).

a. The Plan aims to establish a balance between promoting a prosperous working harbour, maintaining a healthy and sustainable waterway environment and promoting recreational access to the foreshore and waterways. The Plan establishes planning principles and controls for the catchment as a whole.

Subject to the implementation of the recommended condition of consent relating to sediment and erosion control measures, the proposed development would be consistent with the objectives of the Plan.

2.3 Plan of Management - District One

The application has been assessed having regard to the Plan of Management for District One adopted by Council on 10 November 2004. The Plan covers Council’s open space community land and land under Council’s care, control and management (generally Crown land). This land includes parks and reserves, bushland and community facilities such as community centres, where the land is owned or managed by Council.

The application was assessed as being consistent with the Plan subject to the imposition of recommended conditions relating to line marking of the car park and illumination of the car park and pedestrian access, being funded by the applicant.

2.4 Car Parking Development Control Plan

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

Whilst the DCP does not have a parking requirement for health clubs or fitness centres, the RTA Guide to Traffic Generating Developments gives a parking requirement of 4.5 (minimum) to 7.5 spaces per 100m² GFA. This equates to minimum requirement of 18 parking spaces.

A parking report on the proposed additions prepared by Lyle Marshall & Associates Pty Ltd accompanied the application and the table on page 4 of the parking report shows an existing parking requirement of 49 spaces on Wednesday AM, 65 spaces Wednesday PM, and 66 spaces on Saturday AM for gym and sports activities. Figure 2 of the report shows 47 on street and 17 under cover parking spaces available on the eastern side of the YMCA. Figure 3 shows 20 sealed parking spaces on the western side of the development adjacent to the West Epping Child Care Centre.

The 17 undercover parking spaces lost as a result of the proposal would be relocated to the east side of the building. Thus there is no increase in parking spaces proposed for the development.

Having regard to the RTA’s Guidelines, Council’s assessment of the car parking impacts of the development concludes that additional on-site car parking provision is not required and the proposed development is consistent with the requirements of the DCP. However, to make on-site car parking more efficient, a recommended condition of consent requires additional car parking spaces to be appropriately line marked.

It is also noted that there is the capacity on site to provide additional car parking on the western side of the oval. Should Council identify a future need, that car parking could be constructed in that location.

2.5 Access and Mobility Development Control Plan

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

The proposed development includes provision for wheelchair access to the new program area, disabled facilities and a disabled car parking space and is consistent with the objectives of the Access and Mobility Development Control Plan.

2.6 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.

Subject to recommended conditions of consent relating to disposal of waste being implemented, the proposed development would be consistent with the objectives of the Plan.

2.7 Sustainable Waters Development Control Plan

The DCP aims to achieve the implementation of sustainable water practices into the management of development in the Hornsby Shire.

Subject to the implementation of the recommended condition of consent relating to sediment and erosion control measures, the proposed development would be consistent with the objectives of the DCP.

3. ENVIRONMENTAL IMPACTS

3.1 Natural Environment

The site comprises a number of exotic and native planted trees including locally indigenous specimens.

The proposed development would necessitate the removal of six trees from the site. Council’s assessment of the development indicates that none of the trees to be removed are identified as ‘significant trees’.

It is considered that the removal of the trees is acceptable in the circumstances of the case and a condition is recommended to ensure that replacement planting of six appropriate trees is undertaken prior to occupation of the development. The replacement planting of six trees would also address the concerns raised in a submission with regard the removal of trees and impact upon the ‘natural look of the parkland’.

3.2 Built Environment

The proposal does not include any significant change to the overall height, bulk, scale or function of the existing building. The additional building area created by the enclosing of the ground floor car park would be screened by the retaining wall for the proposed car parking area and screen planting within the informal walkway on the site.

Notwithstanding, the submitted sections incorrectly indicate a single storey dwelling located adjacent to the new car parking area. The adjacent dwelling is two storeys and the first floor bedroom windows have the potential to be impacted by car headlights. A submission received raised concern with regard to the privacy and noise impacts of the elevated car parking area and recommends that the nine car parking spaces be deleted from the proposal as sufficient parking is available within the car park area adjacent to the child care centre and community hall. This issue could be address by the provision of a 1.8m high acoustic fence along the eastern elevation of the car parking area and an appropriately worded condition is recommended in Schedule 1.

A search of Council’s records indicates that previous consents have not imposed a condition relating to hours of operation. The applicant advised that the proposed development does not seek to amend the existing hours of operation of the YMCA which are 6 am to 10.00 pm, Monday to Friday and 8 am to 10.00 pm, Saturday and Sunday. Further correspondence from the applicant advised that indoor soccer events often do not finish until 10.30pm during the week and requested the proposed hours of operation be amended to reflect that.

An acoustic report in support of the proposed development was not submitted with the application. Council’s Plan of Management (POM) for parks states that the granting of seasonal licences for sportsgrounds are required and are predominantly for training from 5pm to 10pm.

In line with 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) requirements and the submissions received in relation to both existing noise impacts and potential acoustic impacts of the proposed development, a condition of consent is recommended to restrict the hours of operation to 6 am to 10.00 pm, Monday to Friday and 8 am to 10.00 pm, Saturday, Sunday and Public Holidays.

Furthermore, to ameliorate concerns with regard to noise from people leaving the premises late at night, it is recommended that a condition of consent be imposed to erect signage inside and outside the building, reminding patrons of the need to not cause any noise disturbance due to the proximity of the neighbouring residences.

Council’s engineering assessment of the traffic impacts of the development supports the parking study conclusions and notes that as the car parking requirements are based on the continued use of the existing car park adjacent to the West Epping Child Care Centre, a condition of consent is required to ensure that the car park adjacent to the child care centre is to be line marked and adequately illuminated.

c. A submission received raised concerns regarding traffic congestion particularly on weekends which results in Lilli Pilli Street becoming totally blocked due to people being funnelled by the two speed humps into a one lane situation where they can neither advance nor reverse. The submission documents that the new car park would only encourage more people to enter Lilli Pilli and Ward Streets, thereby causing worse congestion.

The development proposes to relocate existing car parking on-site and does not include the provision of any new car parking within the park and oval. Accordingly, no additional impact would be created as a result of the development and it is not proposed to change the existing road network as part of this application.

3.3 Social Impacts

The proposed development would have a positive social impact on the locality through the provision of improved recreation facilities.

3.4 Economic Impacts

The proposed development 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”.

There is no known hazard or risk associated with the site with respect to landslip, subsidence, flooding and bushfire that would preclude development of 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 proposed development was placed on public exhibition and was notified to adjoining and nearby landowners between 17 January 2010 and 17 February 2010 in accordance with Council’s Notification and Exhibition Development Control Plan. As the yellow notification sign was not erected during this period, the notification period was extended until 16 March 2010 in accordance with Council’s Notification and Exhibition Development Control Plan. During this period, Council received two 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 objected to the development, generally on the following grounds that the development would result in:

· Unacceptable traffic on local streets;

· Privacy and overlooking impacts on adjoining properties;

· Unacceptable noise from activities at the centre;

· The removal the existing walkway and trees; and

· Graffiti and safety issues.

In addition to notifying the application, Council contacted the authors of the two submissions to arrange an on-site meeting to discuss the issues raised in their respective letters. The outcome of the meeting is discussed in Section 5.1.3 of this report.

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 Impacts upon existing walkway

A submission raised concerns that the width of the existing walkway would be reduced thereby limiting access to the park and oval. Whilst the relocation of the car parking area would have a minor impact on the existing landscaping and width of the walkway, the change is not significant and the matter does not in itself warrant refusal of the application.

5.1.2 Graffiti and safety issues

A submission raised concerns that the new concrete retaining wall proposed as part of the car park area would be susceptible to graffiti.

The wall would be screened by trees and landscape plantings to minimise graffiti opportunities and therefore is considered an acceptable design outcome.

The submission also expressed concern with regard to the congregating of youths at night, drinking in the car park and throwing empty bottles onto the walkway and the poor/blocked drainage within the walkway which makes the surface muddy and flooded for weeks after heavy rainfall.

These issues do not directly relate to the proposed development, however, Council officers have noted the concerns and have committed to periodically monitor the site.

5.1.3 On-site meeting

Council contacted each of the residents that made a submission to arrange an on-site meeting for Tuesday 23 March 2010. One of the residents was able to attend the meeting and was also accompanied by a resident from the eastern end of Lilli Pilli Street. The other resident did not receive Council’s phone message and when approached on the day of the meeting was unable to attend due to work commitments. Council left a business card and the author of the submission and telephoned the resident the following day to discuss the issues raised in their submission.

The traffic and parking impacts of the development were discussed at the meeting and the residents advised that parking conflicts predominantly occur on the weekend when the oval is in use and other peak times are a result of school drop-off and pick-up times. Concern was also raised with regard to the general flow of traffic through Lilli Pilli Street and the residents were advised that officers would bring the matter to the attention of Council’s Traffic and Road Safety Branch with the concerns that are not a direct result of the proposed development.

The residents agreed that subject to the limitation of the hours of operation to 10pm and the installation of a security gate for the car park, that existing noise impacts and the acoustic impacts of the proposed development would be ameliorated.

In a telephone discussion with the resident unable to attend the on-site meeting, it was indicated that the deletion of the nine car parking spaces located on the eastern side of the extended bitumen car park would satisfactorily address the concerns raised in the submission. These car parking spaces are proposed to replace the existing spaces lost in the enclosure of the current car park area for the new fitness/program area within the YMCA and should be retained as discussed in Sections 2.4 and 3.2 of this report.

5.2 Public Agencies

The development application is not Integrated Development under the Act and no external referrals were undertaken.

6. THE PUBLIC INTEREST

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

CONCLUSION

The application proposes alterations and additions to the YMCA building located within the West Epping Park and Oval. The proposed development would provide improved recreation facilities for the local area and satisfactorily addresses the requirements of the HSLEP and relevant Development Control Plans.

It is considered that matters raised in community submissions can be adequately addressed via conditions of consent regarding design and the ongoing operation of the centre.

Having regard to the above, the proposed development is recommended for approval.

Rod Pickles

Manager - Assessment Team 2

Planning Division

Scott Phillips

Executive Manager

Planning Division

Attachments:

1.View	Locality Plan
2.View	DA Plans

File Reference: DA/19/2010

Document Number: D01351969

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 Robertson + Marks Architects

*Plan No.*	*Plan Title*	*Rev.*	*Dated*
DA01	Site Plan	A	06.10.2009
DA02	Ground Floor Plan	A	06.10.2009
DA03	Upper Floor Plan Existing	A	06.10.2009
DA04	Elevations	A	06.10.2009
DA05	Cross-Sections	A	06.10.2009

Supporting Documents

*Document Title*	*Prepared by*	*Dated*
Statement of Environmental Effects	Robertson + Marks Architects	December 2009
Tree Site Plan	Hornsby Shire Council	9 February 2010

2. Amendment of Plans

The approved plans are to be amended as follows:

a. Provide additional male and female toilets in accordance with Part F2.3 of the Building Code of Australia.

b. Provide a 1.8m high masonry acoustic fence to the eastern elevation of the car park extension as marked in red on the approved plans.

3. Removal of Existing Trees

This development consent only permits the removal of trees numbered 1 - 6 as identified on the Tree Site Plan prepared by Hornsby Shire Council dated 9 February 2010. 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. Fire Safety Upgrade

To ensure the protection of persons using the building and to facilitate egress from the building in the event of a fire, the application for a construction certificate must demonstrate that it will comply with the following Category 1 fire safety provisions:

a. A fire hose reel system must be provided throughout the building in accordance with AS 2441. The fire hose reels are to be located within 4m of an exit and so that the nozzle end of a fully extended fire hose fitted to the reel and laid to avoid any partitions or other physical barriers will reach every part of the floor of the storey. BCA Clause E1.4, Australian Standard 2441.

b. Portable fire extinguishers containing an extinguishing agent suitable for the risk shall be provided throughout the building to the requirements of AS 2444 and table E1.6 of the BCA.

c. Emergency lighting is to be provided in the foyer, passageways, corridors, hallways, stairways or the like; those are part of the paths of travel to exits. BCA Clause E4.2 and E4.4.

d. Exit signs are to be provided in appropriate positions in corridors, hallways, foyers and the like, indicating the direction to a required exit to ensure that persons occupying or visiting the units are able to locate the paths of travel to the exits in accordance with Clause E4.6 of the Building Code of Australia.

6. 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 and public lighting.

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.

7. Vehicle Parking

In order to cater for vehicle parking generated by the proposal, the following works must be designed and constructed as part of this development:

a. The northern module of the proposed parking arrangement must be constructed with an all weather sealed pavement. Module, drainage and pavement design shall be prepared by a chartered Engineer in accordance with requirements of AS2890.1-2004;

b. The pavement and internal building drainage system must be connected with a Council-controlled drainage system;

c. The northern module must make provision for handrail and car barriers to protect all drops over 600 mm. A chartered Structural Engineer must provide engineering details for the structure and retaining walls;

d. The plans must indicate how all services affected by the proposal and public lighting is catered for.

8. Overland Flow Path

In order to ensure safety of the overland flow path along the public way between the proposed northern module and adjacent dwellings, the following work to be designed by a chartered Engineer and constructed as part of this development.

a. The existing path shall be regraded as overland flowpath capable of carrying the design storm flow of 1.2 cubic metres per second downstream of the site, assuming pipes are fully blocked;

b. The flowpath design must ensure wherever possible that 500mm freeboard is provided to habitable floor levels adjacent. The velocity x depth product of the design flowpath to be not more than 0.4 m²/s;

c. A reinforced concrete pipe capable of carrying the 20 year average recurrence interval (ARI) storm flow must be designed and constructed to connect with an existing Council system at the northern extent of the work;

d. Council’s standard 1.2m wide concrete footpath with kerb and kerb inlets for drainage must be constructed in conjunction with the overland flow path and pipe between the Lilli Pilli Street kerb return, with both pram ramp and suitable transition to natural levels at the northern extent of the work;

e. All work to be carried out in accordance with Council’s Civil Works Design and Construction Specification, 2005;

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

9. 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. Traffic management plans.

f. Pedestrian and cyclist access/safety.

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

10. 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, and

c. Stating that unauthorised entry to the work site is prohibited.

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

11. 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.

12. Toilet Facilities

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

b. be a temporary chemical closet approved under the Local Government Act, 1993; or

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

13. 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.

14. Works near Trees

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

All works (including driveways and retaining walls) within 5 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).

REQUIREMENTS DURING CONSTRUCTION

15. Construction Work Hours

All work on site (including demolition and earth works) must only occur between 7am and 5pm Monday to Saturday.

No work is to be undertaken on Sundays or public holidays.

16. 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.

17. Environmental Management

18. Landfill

Landfill must be constructed in accordance with Council’s ‘Construction Specification, 2005’ and 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.

19. Council Property

REQUIREMENTS PRIOR TO THE ISSUE OF 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.

20. 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.

21. Car Park Signage

To mitigate noise impacts arising from patrons leaving the premises, prominent notices must be erected inside and outside the building warning patrons of the need to not cause any noise disturbance due to the proximity of the neighbouring residences.

22. Child Care Centre Car Park

The car park adjacent to the West Epping Child Care Centre must be line marked and adequately illuminated in accordance with Australian Standard AS 1158 - Parking Areas. Certification of compliance with the Standard must be obtained from a suitably qualified person and all work associated with the development will be at not cost to Council.

23. Pedestrian Crossing

An illuminated pedestrian access in accordance with Australian Standard AS 1158 - Parking Areas must be provided between the car park and the new pedestrian access to the YMCA. Certification of compliance with the Standard must be obtained from a suitably qualified person and all work associated with the development will be at not cost to Council.

24. Maintain Canopy Cover

· To maintain canopy cover, 6 medium to large trees selected from Council’s booklet ‘Indigenous Plants for the Bushland Shire’ such as Acmena smithii (Lilly Pilly) or Eucalyptus saligna (Sydney Blue Gum) must be planted on the subject site. The planting location must not be within 4 metres of the foundation walls of a dwelling or in-ground pool. The pot size must be a minimum 25 litres and the tree(s) must be maintained until they reach the height of 3 metres. Trees must be native to Hornsby Shire and reach a mature height greater than 10 metres.

25. Security Gate

A security gate or bollards are to be installed in the location identified in red on the approved plans to prohibit vehicular access to the car park after 10.00pm.

OPERATIONAL CONDITIONS

26. Hours of Operation

· The hours of operation of the premise are restricted to those times listed below:

Monday to Friday 6 am to 10 pm

Saturday, Sunday & Public Holidays 8 am to 10 pm

27. 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 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.

28. 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).

29. 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.

- 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:

· 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 to be 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

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

Fines may be imposed for non-compliance with Council’s Tree Preservation Order.

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

Standard Report No. PLN22/10

Planning Division

Date of Meeting: 7/04/2010

8 DRAFT GOSFORD, HAWKESBURY AND PARRAMATTA COMPREHENSIVE LOCAL ENVIRONMENTAL PLANS

EXECUTIVE SUMMARY

Gosford, Hawkesbury and Parramatta Councils are currently exhibiting their draft comprehensive Local Environmental Plans (LEPs) for public comment. The Councils were previously given either a two or three year timeframe to prepare a new LEP and the Councils are now on the NSW State Government’s priority list to prepare their new LEPs by June 2011.

It is recommended that Council forward submissions to Gosford and Hawkesbury Councils requesting that they consider the zoning recommendations of Council’s Waterways Reviews in the preparation of their respective LEPs. It is also recommended that Council forward a submission to Parramatta City Council noting that the proposed planning controls for the Epping Town Centre will be reviewed as part of the Epping Town Centre Study which is currently being progressed.

PURPOSE

The purpose of this report is to advise Council of the draft Gosford, Hawkesbury and Parramatta Comprehensive LEPs, discuss their implications for Hornsby Shire and seek endorsement of submissions to the various Councils on the draft Plans.

BACKGROUND

As part of the NSW Government’s planning reforms, all councils are required to prepare a comprehensive LEP based on the Standard Instrument LEP template. When the Standard Instrument was gazetted in 2006, the NSW Government prioritised the delivery of councils’ new LEPs by placing councils on two year, three year and five year delivery timeframes. Hawkesbury City Council was placed on a two year delivery timeframe. Gosford and Parramatta Councils were placed on a three year delivery time frame. Hornsby Council was placed on a five year timeframe.

More recently, in response to resourcing issues at the Department of Planning, the NSW Government has reprioritised councils into those which will be required to prepare their new Principal LEPs by June 2011 and those which will not. Gosford, Hawkesbury, Parramatta and Hornsby Councils have all been placed on the priority list to prepare their new LEPs by June 2011.

Council is in receipt of letters from Gosford, Hawkesbury and Parramatta Councils advising that they are currently exhibiting their draft comprehensive LEPs for public comment.

DISCUSSION

This report discusses draft comprehensive LEPs for Gosford, Hawkesbury and Parramatta Councils and their implications for Hornsby Shire.

Draft Gosford Local Environmental Plan 2009

Hornsby Shire and Gosford City share a Local Government Area (LGA) boundary commencing at Wisemans Ferry (which forms the boundary between Baulkham Hills, Hawkesbury, Gosford and Hornsby LGAs) and along the centreline of the Hawkesbury River. The boundary runs east into Broken Bay before reaching Flint and Steel Point on the eastern foreshore of Cowan Creek where a boundary commences with Pittwater LGA. Accordingly, the implications of the draft Plan for Hornsby Shire are principally related to boundary zoning issues.

Council was previously consulted by Gosford City Council in the preparation of its new draft LEP pursuant to Section 62 of the Environmental Planning and Assessment Act. Council noted Gosford City Council’s intended strategy for zoning the Hawkesbury River was to leave the waterways unzoned and rely on the mandatory “unzoned land” provisions of the Standard Instrument to control development.

Council made a submission noting Hornsby Council’s resolution to prepare a Comprehensive LEP for the Shire and that the waterways component of same be prepared in accordance with the principles of the Waterways Review 2005 and draft Waterways Review LEP 2006. In summary, the recommendations of the Reviews are to zone the waterways, introduce new and amended definitions and prohibit reclamation. Gosford Council was requested to consider the recommended zonings to be progressed for the waterways component of Council’s Comprehensive LEP in the preparation of the Gosford City LEP.

The draft Gosford LEP 2009 zones the waterways W1 Natural Waterway and W2 Recreational Waterway. It is understood that this is in response to a Department of Planning directive that all waterways must be zoned. However, the selection and location of the proposed zones are not supported by a planning study. Gosford City advises that the W1 zone is proposed for areas of waterways that are in a natural setting and have very high environmental significance and value. The W2 zone is proposed for the majority of the waterways as it recognises the significant recreational role of waterways for residents while acknowledging their environmental significance and value to the community.

The zoning strategy for the waterways is inconsistent with the zoning strategy recommended by the Waterways Reviews. The Waterways Reviews recommend that the:

· W1 Natural Waterways zone be applied to majority of the waterways. The W1 zone is a restrictive zone that allows uses consistent with the scenic and environmental qualities of the area;

· W2 Recreational Waterways be applied in limited areas (i.e. Berowra Waters and Brooklyn) to permit a broader range of uses in recognition of their recreational and tourism functions;

· E1 National Parks and Nature Reserves be applied over areas below the MHWM within the gazetted boundaries of National Park or Nature Reserve; and

· E2 Environmental Conservation be applied to areas of mangrove, saltmarsh and seagrass communities and intertidal mudflats. The E2 zone is a restrictive zone that allows a limited number of uses consistent with the environmental sensitivity of the areas.

It is good planning practice to ensure consistency in the application of zonings across local government boundaries, particularly for the management of shared natural resources. Extensive research and consultation has been undertaken in the preparation of the Waterways Reviews. Accordingly, Gosford City Council should again be requested to consider the recommended zonings to be progressed for the waterways component of Council’s Comprehensive LEP in the preparation of the Gosford City LEP.

Previous planning instruments in Gosford City Council have depicted the LGA boundary running along the northern side of the Hawkesbury River. The draft Gosford LEP 2009 depicts the LGA boundary along the centre of Hawkesbury River in a position that does not align with the boundary under the Hornsby Shire Local Environmental Plan 1994, particularly in the lower reaches of the River. This would result in parts of the waterway being unzoned or being affected by two different zones. Accordingly, it would be appropriate for Council to submit a plan to Gosford Council indicating its understanding of the location of the LGA boundary and request further consultation in the event that there remains inconsistency in the interpretation of the boundary.

Draft Hawkesbury Local Environmental Plan 2009

Hornsby Shire and Hawkesbury City share a LGA boundary (which forms the boundary between Baulkham Hills, Hawkesbury, Gosford and Hornsby LGAs) running from the southern foreshore to the centre of the Hawkesbury River at Wisemans Ferry. The implications of the draft Plan for Hornsby Shire are principally related to boundary zoning issues.

Council was previously consulted by Hawkesbury City Council in the preparation of its new draft LEP pursuant to Section 62 of the EP&A Act. Similar to Gosford City, Hawkesbury City Council’s original strategy for zoning the Hawkesbury River was to leave the waterways unzoned and rely on the mandatory “unzoned land” provisions of the Standard Instrument to control development.

The draft Hawkesbury LEP 2009 zones the waterways W1 Natural Waterway and W2 Recreational Waterway. Similar to Gosford City, it is understood that this is in response to a DOP directive that all waterways must be zoned. However, the proposed zonings are not supported by planning study. Hawkesbury City advises that the W1 zone is proposed for areas of the Hawkesbury River upstream of Windsor Bridge and the W2 zone is proposed for areas downstream of the Bridge. Accordingly, the W2 Recreational Waterway zoning adjoins the Hornsby LGA boundary and is inconsistent with the adjoining zoning within Hornsby Shire as recommended by the Waterways Reviews.

Similar to Gosford City, Hawkesbury City Council should also be requested to consider the zonings recommended by the Waterways Reviews in the preparation of the Hawkesbury City LEP.

Draft Parramatta Local Environmental Plan 2010

Hornsby Shire and Parramatta City Council share a LGA boundary along Carlingford Road between Pennant Parade and Beecroft Road, and along Blaxland Road and the railway line to just north of Eastwood Station. The implications for Hornsby Shire are principally related to boundary zoning, land use and height issues.

The draft LEP proposes to translate current zonings in Carlingford and Epping to equivalent zonings under the Standard Instrument. The zones that are proposed within Parramatta City and along the LGA boundary are R2 (Low Density Residential), R4 (High Density Residential), B1 (Neighbourhood Centre), B2 (Local Centre), RE1 (Public Recreation) and SP2 (Infrastructure).

The draft LEP proposes to permit land uses with consent within the above listed zones that are generally consistent with land uses permissible under the existing zonings. However, the translation of the current LEP includes minor changes to the land use tables for lands proposed to be zoned R2 and R4 to permit, with development consent, additional uses including “environmental facilities”, “hostels”, “exhibition villages” and “water recycling facilities”. The B2 zone is also proposed to include “Water recycling facilities”.

The addition of “environmental facilities”, “hostels” and “exhibition villages” as additional permitted uses is generally consistent existing uses permitted on the lands. The permissibility of water recycling facilities is controlled by State Environmental Planning Policy (infrastructure) 2007 which permits same with consent in prescribed zones. The R2, R4 and B2 zones are not prescribed zones. The installation of grey water systems for dwelling-houses would be ancillary to a house. The definition of “water recycling facilities” implies a more commercial, larger scale use which could potentially have impacts on surrounding areas. However, given the current level of property capitalisation adjacent to the LGA boundary, there are limited opportunities for these uses to be established.

The draft LEP proposes to increase the maximum height and floor space ratio (FSR) for buildings within the Business zone of the Epping Town Centre precinct. Current permissible heights range from 24 metres in the north to 14 metres in the south of the precinct. The proposed heights within the draft LEP for the precinct are generally identified on a site by site basis, ranging from 10 to 40 metres. Current permissible FSR controls for the precinct and range from 2.1:1 and 3.2:1. The draft LEP proposes to increase the FSR for the majority of sites along Beecroft Road to between 3.5:1 and 4:1.

Hornsby and Parramatta Council’s and the Department of Planning have signed a Memorandum of Understanding (MOU) to progress the Epping Town Centre Study. The aim of the Study is to explore the potential for the Epping Town Centre to accommodate increased residential and employment growth to fulfil its role as a Town Centre in the Metropolitan Context and to maximise the benefits arising from State Government infrastructure investment. The Study will inform future planning controls and infrastructure requirements to accommodate this growth and provide certainty for Epping residents and businesses on the future of Epping.

In the case of the Parramatta Council side of Epping, the Study will involve a review of the planning controls included in the draft LEP. Specifically, the MOU acknowledges that the controls for the PCC side of Epping in association with potential development scenarios for the Hornsby side of Epping require traffic and car parking modelling to identify traffic management issues in, and around, the Centre to enable revitalisation of Epping and growth in accordance with its Town Centre role.

Therefore, Council should forward a submission to Parramatta City Council noting that the proposed planning controls for the Epping Town Centre will be reviewed as part of the Epping Town Centre Study which is currently being progressed.

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. As this report provides Council with information and does not propose any actions which require a sustainability assessment, no Triple Bottom Line considerations apply.

The Town Planning Services Branch periodically prepares reports to Council concerning changes to the NSW Government’s planning framework and draft environmental planning instruments prepared by adjoining councils. The exhibition period for the submission of comments on these matters is limited and in some instances, does not align with Council’s monthly report cycle.

To enable the provision of timely submissions on planning matters being exhibited by external agencies/councils, it is proposed that in future, Councillors be advised of minor, routine matters via the weekly planning memo. Should a Councillor wish the matter to be reported to a Planning Meeting, they should contact the Executive Manager, Planning Division to request same. Should no request be received from a Councillor, a submission would be made commenting on the matter consistent with the adopted Council policy. Changes to the NSW Government’s planning framework that have significant policy or resource implications for Council would continue to be the subject of reports to Council.

CONCLUSION

Gosford, Hawkesbury and Parramatta Councils are currently exhibiting their draft comprehensive LEPs for public comment. It is recommended that Council forward submissions to Gosford and Hawkesbury Councils requesting that they consider the zoning recommendations of Council’s Waterways Reviews in the preparation of their respective LEPs. It is also recommended that Council forward a submission to Parramatta City Council noting that the proposed planning controls for the Epping Town Centre will be reviewed as part of the Epping Town Centre Study which is currently being progressed.

RECOMMENDATION

THAT:

1. Council forward a submission to Gosford City Council on its draft Comprehensive Local Environmental Plan:

1.1 requesting that consideration be given to the zoning recommendations of Council’s Waterways Reviews in the progression of the draft Plan; and

1.2 submitting a plan indicating Hornsby Council’s understanding of the location of the Local Government Area boundary and requesting further consultation in the event that there remains inconsistency in the interpretation of the boundary.

2. Council forward a submission to Hawkesbury Council on its draft Comprehensive LEP requesting that consideration be given to the zoning recommendations of Council’s Waterways Reviews in the progression of the draft Plan.

3. Council forward a submission to Parramatta City Council on its draft Comprehensive LEP noting that the proposed planning controls for the Epping Town Centre will be reviewed as part of the Epping Town Centre Study which is currently being progressed.

4. Council note that changes to the NSW Government’s planning framework and draft planning instruments prepared by adjoining councils that are minor and routine will be notified by the weekly planning memo. Should no request be received from a Councillor to report the matter to Council, a submission will be made commenting on the matter in relation to adopted Council policy.

James Farrington

Manager - Town Planning Services

Planning Division

Scott Phillips

Executive Manager

Planning Division

Attachments:

There are no attachments for this report.

File Reference: F2004/08958

Document Number: D01366792

Standard Report No. PLN23/10

Planning Division

Date of Meeting: 7/04/2010

9 KANGAROO POINT PLANNING PROPOSAL

EXECUTIVE SUMMARY

Under the Hornsby Shire Local Environmental Plan (HSLEP) 1994, Kangaroo Point is zoned Open Space A (Public Recreation – Local) which prohibits “marinas” (commuter berthing). At its meeting on 11 November 2009, Council resolved to amend the HSLEP and reclassify the land to permit the construction of a commuter berth facility at Kangaroo Point with development consent. This report presents a planning proposal to permit “marinas” at Kangaroo Point by amending Clause 22(1) – Exceptions of the HSLEP.

The planning proposal has been prepared on the basis that any future commuter berthing facility would be reliant on public parking provided to serve all uses at Kangaroo Point. The allocation of secure parking for river residents using the commuter berthing may sterilise the opportunity for other uses due to the limited parking available. The community land classification of Kangaroo Point should be maintained to ensure adequate parking for recreational users of the land and any future use of the disused restaurant building. Accordingly, the planning proposal does not propose to reclassify community land at Kangaroo Point to operational land.

It is recommended that the planning proposal be endorsed for the purpose of seeking a “gateway” determination from the Department of Planning (DOP) to progress the preparation of the Kangaroo Point planning proposal.

PURPOSE

The purpose of this report is to present a planning proposal that seeks to permit marinas at Kangaroo Point, Brooklyn.

BACKGROUND

Kangaroo Point is a headland on the southern shore of the Hawkesbury River, at the junction of the River and Sanbrook Inlet, to the west of Brooklyn and adjacent to the Pacific Highway.

Between 1999 and 2005, Council prepared the Kangaroo Point Community Masterplan to provide for the future use and redevelopment of the land. In 2004, Council considered two options for progression of the draft Kangaroo Point Community Masterplan. Both options involved upgrade of the parklands. However, one option involved the provision of commuter berthing, the other sought to prohibit same. Council resolved to adopt the Masterplan option which prohibited commuter berthing at Kangaroo Point.

In February 2008, HSLEP (Amendment No. 95) was gazetted rezoning land at Kangaroo Point to Open Space A (Public Recreation – Local). The Open Space A zone prohibits “marinas” (commuter berthing). The Kangaroo Point Community Masterplan in the Brooklyn Development Control Plan (DCP) came into force on 18 March 2008 and does not identify commuter berthing.

At its meeting on 11 November 2009, Council considered Executive Manager's Report No EN47/09 concerning a Generic Plan of Management for Planning Districts 5 and 7, including Kangaroo Point. Council resolved (in part) that the HSLEP be amended and the land reclassified to permit, with development consent, the construction of a commuter berthing facility at Kangaroo Point. Accordingly, a planning proposal has been prepared to permit commuter berthing at Kangaroo Point.

DISCUSSION

This report presents a planning proposal to implement Council’s most recent resolution concerning the provision of commuter berthing at Kangaroo Point.

Kangaroo Point Community Masterplan

As indicated above, in 2004, Council considered two options for progression of the draft Kangaroo Point Community Masterplan. Both options involved upgrading the parklands. However, one option involved the provision of 62 car parking spaces, and the other option, the provision of 48 commuter berths in conjunction with the existing houseboat business and 105 car parking spaces.

In considering the options, Council acknowledged that river residents have a need for commuter berthing in Brooklyn. A number of river residents expressed a desire for the provision of commuter berthing at Kangaroo Point because it provided more convenient access to their communities than other locations. However, Council resolved to not support commuter berthing at Kangaroo Point. Council preferred the recommendations provided by independent planning and heritage consultants who presented a report that (in part) recommended commuter berthing not be provided at Kangaroo Point. The reasons provided included that commuter berthing would generate additional demand for parking, sterilising public carparking areas and alienating important public areas at Kangaroo Point. It was recommended that alternative locations be pursued for such facilities in preference to Kangaroo Point. It was also recognised that the provision of commuter berthing at Kangaroo Point was inconsistent with broader community desires identified through the preparation of the Kangaroo Point Community Masterplan. Accordingly, Council resolved to adopt the Masterplan option which prohibited commuter berthing at Kangaroo Point.

Following the adoption of the Masterplan, the HSLEP 1994 (Amendment No. 95) was gazetted in February 2008 rezoning land at Kangaroo Point to Open Space A (Public Recreation – Local). The Open Space A zone prohibits “marinas” (commuter berthing). The Kangaroo Point Community Masterplan was incorporated into the Brooklyn DCP and came into force on 18 March 2008.

A copy of the Kangaroo Point Reserve element from the Brooklyn DCP is attached to this report.

Plan of Management (POM)

Following Council’s adoption of the Kangaroo Point Community Masterplan, Council’s Parks and Landscape Team was requested to finalise any outstanding actions to realise the vision of the Masterplan. In accordance with the Local Government Act 1993 and Crown Lands Act 1989 with regard to the adopted categorisation of Community Land, Council was required to prepare a Plan of Management (POM).

At its meeting on 11 November 2009, Council adopted a draft Generic POM for Planning Districts 5 and 7 which covers Brooklyn and environs. In accordance with the Masterplan, the POM includes management provisions for Kangaroo Point but does not identify commuter berthing. The POM facilitates Council seeking expressions of interest (EOI) for the redevelopment and use of the disused restaurant building. The POM also promotes the upgrade of parklands at Kangaroo Point including the construction of a shaded picnic area over the disused restaurant site should Council not be able to secure a viable commercial use for same.

Should Council not be able to secure a commercial use for the disused restaurant building, it is likely that Council would be required to fund the demolition and restoration of the area of the disused restaurant building, construction of new public toilets, a shaded picnic/BBQ area, associated parking and landscape works. Preliminary costings suggest a budget of up to $400,000 would be required to complete these works. Council would also need to identify further funds for undertaking other improvements in the park.

Expressions of Interest (EOI) Process

The Kangaroo Point Community Masterplan promotes the refurbishment or reconstruction of the former restaurant on the existing footprint.

In accordance with the Masterplan, Council is calling for EOIs to enter into a land lease of up to 21 years for the development and operation of a restaurant, and/or take-away food facility at Kangaroo Point. Any EOI is not required to provide parking within the site or exclusive off-site parking. Furthermore, EOIs are not required to allocate parking for the exclusive use of patrons or employees of any facility that may be constructed. Accordingly, any future use of the restaurant would be competing with other uses for public parking at Kangaroo Point.

In the preparation of the Kangaroo Point Community Masterplan, it is noted that there are approximately 55 unmarked car parking spaces within the Kangaroo Point Reserve, comprising 20 car spaces in the lower car park area and 35 spaces in the upper car park area. The Kangaroo Point Community Masterplan promotes 62 car parking spaces comprising 32 short term and 30 long term spaces to service all the current and promoted uses at Kangaroo Point.

The car parking required to service commuter berthing at Kangaroo Point may have a discernible impact on the public parking available for other uses including those required to support a commercially viable restaurant. In addition, the commuter berthing proposal may have a negative impact on the response to Council’s EOI for the disused restaurant. This is primarily due to the uncertainty regarding the scope and scale of any future commuter berthing proposal.

Planning Proposal

In accordance with Council’s resolution on 11 November 2009, a planning proposal has been prepared to permit commuter berthing at Kangaroo Point. The planning proposal seeks to permit “marinas” at Kangaroo Point by amending Clause 22(1) – Exceptions of the HSLEP. The amendment involves replacing the current exception that permits “houseboat hire premises” with consent at “Kangaroo Point”, Pacific Highway, Brooklyn, with the “marina” land use. The “houseboat hire premises” land use would be covered by the definition of a “marina” which is:

a building or place used or intended to be used to provide moorings for boats and includes any associated:

(a) slipways, pontoons, jetties, piers or the like; and

(b) facilities for the repair, maintenance and fuelling of, or for the provision of accessories and parts for boats.

Any future commuter berthing facility would be reliant on public parking provided to serve all uses at Kangaroo Point rather than the allocation of a specified number of parking spaces through a leasehold arrangement. The reasons for this are that the allocation of secure parking for residents using the commuter berthing may sterilise the opportunity for other uses due to the limited parking available. Community land should be maintained to ensure adequate parking for recreational users of the land and the viability of the disused restaurant building. This is consistent with the planning practice applied to the restaurant building.

Council’s Car Parking DCP requires 1 space per dwelling <100m² and 2 spaces per dwelling >100m². The number of car parking spaces required would depend on the number of commuter berths proposed in a development application. It is estimated that there is a permanent demand for 25 river residents (based on full time occupancy of premises) and potential demand (based on dwelling entitlements) for up to 95 river residents of Hornsby Shire for commuter berthing. Accordingly, the number of berths that could be proposed could vary considerably. There are currently 55 informal car parking spaces at Kangaroo Point and 62 promoted in the Kangaroo Point Community Masterplan.

Therefore, the planning proposal does not propose to reclassify community land at Kangaroo Point to operational land to permit the establishment of commuter berthing and associated parking. Should Council decide to reclassify Kangaroo Point (or part thereof) to operational land, Council would be required to hold a public hearing to obtain community views.

A draft planning proposal is attached to this report.

CONSULTATION

Council’s Property Development Manager and Landscape Co-ordinator have been consulted in the preparation of this report.

CONSULTATION STRATEGY

“A guide to preparing local environmental plans” has been prepared by the DOP (2009) to assist councils in preparing planning proposals and LEPs. In accordance with the Guidelines, the planning proposal is considered to be “low impact”, in that:

· it is consistent with the pattern of surrounding land uses;

· it is consistent with the strategic planning framework;

· presents no issues with regard to infrastructure servicing;

· is not a principal LEP; and

· does not reclassify public land.

Being “low impact” the Guidelines recommend the planning proposal be exhibited for a period of 14 days. Notice of the public exhibition of the planning proposal would be by:

· inclusion of an advertisement in a local newspaper at the start of, and during, the exhibition period;

· advertising on the Council website for the duration of the exhibition period;

· notifying relevant Government Authorities and agencies that are responsible for the management of land above and below Mean High Water Mark (MHWM) at Kangaroo Point by letter at the start of the exhibition period. Relevant Government agencies would include the Department of Planning, NSW Rural Fire Service, Department of Lands, Roads and Traffic Authority, NSW Maritime Authority, Department of Primary Industries (Fisheries), Metropolitan Local Aboriginal Lands Council and Gosford City Council; and

· notifying relevant local community interest and industry groups that are located nearby or have a direct interest in Kangaroo Point by letter at the start of the exhibition period. Relevant groups would include the Kangaroo Point Management Authority, Brooklyn Ratepayer’s Association and The Hawkesbury River Environment Protection Society.

Written notice and display material would be in accordance with the document “A guide to preparing local environmental plans” (Department of Planning 2009). A report on submissions would be presented to Council for its consideration following the exhibition period.

STATUTORY CONSIDERATIONS

In July 2009, the State Government announced changes to the way that LEPs are progressed. A new system, known as the “gateway plan-making process”, has been established. The gateway process has been introduced to assist meeting the Government’s target of a 50% overall reduction in the time taken to produce LEPs and to allow the steps in the system to be tailored to the complexity of individual LEPs. The new gateway process for a planning proposal would involve the following steps:

Planning Proposal — Council is responsible for the preparation of a planning proposal for submission to the DOP, which explains the effect of, and justification for, the proposal.

Gateway — The Minister (or delegate) determines whether a planning proposal is to proceed. This gateway acts as a checkpoint to ensure that the proposal is justified before further studies are done and resources allocated to the preparation of a plan. If necessary, the proposal is amended. A community consultation process is also determined, including consultation with relevant public authorities.

Community consultation — The proposal is publicly exhibited for 14 days if deemed to be a “low impact proposal” or 28 days for “other proposals”.

Assessment – Council considers public submissions and the proposal is amended as necessary. Parliamentary Counsel then prepares a draft LEP.

Decision – With the Minister’s (or delegate’s) approval the plan becomes law and is published on the NSW legislation website.

To implement Council’s most recent resolution concerning the provision of berthing at Kangaroo Point, a planning proposal has been prepared. The planning proposal sets out Council’s objectives or intended outcomes, an explanation of the planning provisions that are to be prepared, justification for the proposal, and the intended community consultation to be carried out.

As part of Council’s consideration of planning proposals, Council is required to consider the relevance of any State Environmental Planning Policy (SEPP) or Ministerial Direction under Section 117 of the Environmental Planning and Assessment Act 1979. The proposal is not inconsistent with any SEPP or relevant Section 117 Directions. An assessment of relevant SEPPs and Section 117 Directions is contained in the planning proposal.

TRIPLE BOTTOM LINE SUMMARY

Triple Bottom Line (TBL) 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.

Working with our community: The preparation of the Kangaroo Point Community Masterplan involved extensive community consultation including Steering Committee meetings, discussion with key stakeholders, distribution of a newsletter, a structured community workshop, a community drop-in session and the public exhibition of the draft Masterplan.

Should Council resolve to progress the planning proposal, it would be exhibited for a period of 14 days. Relevant local community interest and industry groups would be notified of the public exhibition of the planning proposal.

Conserving our natural environment: The planning proposal relates to land above and below the MHWM. There are sensitive aquatic habitats/areas located below the MHWM including seagrass communities. The impact that a commuter berthing facility has on the seagrass and mangrove communities would be the subject of consideration with the lodgement of a development application.

Contributing to community development through sustainable facilities and services: The planning proposal would provide public infrastructure in the form of commuter berthing at Kangaroo Point to address the needs and desires of some Hornsby Shire river residents. The income generated from any future commercial lease for commuter berthing could be used to fund the refurbishment and maintenance of the site. Therefore, the general community could benefit from improved facilities and a higher quality of local open space.

Fulfilling our community’s vision in planning for the future of the Shire: Commuter berthing at Kangaroo Point would provide a facility that addresses the needs and desires of some Hornsby Shire river residents. Quality infrastructure, services and facilities at Kangaroo Point could also be funded by the commercial lease of the commuter berthing. However, in fulfilling our community’s vision, the interests of the river residents should be balanced against those of others who prefer to provide members of the public greater accessibility to the site for recreational use.

Supporting our diverse economy: Commuter berthing would provide local employment opportunities during construction and assist the commuting needs of the river residents to their place of employment. However, commuter berthing would generate additional demand for parking at Kangaroo Point and may have a discernible impact on the public parking available for other uses including those required to support a commercially viable restaurant.

Maintaining sound corporate and financial management: Various funding opportunities would need to be investigated as part of any development proposal including private investment. Any future development proposal should ensure there should be no cost to Council or any other government Department in the provision of commuter berthing at Kangaroo Point.

Other sustainability considerations: The impact that a commuter berthing facility has on the environment would be the subject of consideration with the lodgement of a development application.

CONCLUSION

At its meeting on 11 November 2009, Council resolved to amend the HSLEP and reclassify the land to permit the construction of a commuter berth facility at Kangaroo Point with development consent. This report presents a planning proposal to permit “marinas” at Kangaroo Point by amending Clause 22(1) – Exceptions of the HSLEP.

It is recommended that the planning proposal be endorsed for the purpose of seeking a “gateway” determination from the DOP to progress the preparation of the Kangaroo Point planning proposal.

RECOMMENDATION

THAT:

1. Council endorse progression of the planning proposal attached to Executive Manager’s Report No.PLN23/10 to permit, with consent, marinas at Kangaroo Point, Brooklyn, by amending Clause 22(1) of the Hornsby Shire Local Environmental Plan 1994.

2. Pursuant to Section 56(1) of the Environmental Planning and Assessment Act 1979, Council forward the planning proposal to the Minister for Planning seeking “gateway” determination to progress the preparation of the planning proposal.

3. Should the Minister determine under Section 56(2) of the Environmental Planning and Assessment Act 1979 that the matter may proceed without significant amendment to the proposal, Council publicly exhibit the planning proposal in accordance with the Minister’s determination.

4. Following the exhibition, a report on submissions be presented to Council.

James Farrington

Manager - Town Planning Services

Planning Division

Scott Phillips

Executive Manager

Planning Division

Attachments:

1.View	Kangaroo Point Reserve Element from the Brooklyn DCP
2.View	Planning Proposal - Kangaroo Point

File Reference: F2005/00493

Document Number: D01368085

Hornsby Shire Council	Agenda and Summary of Recommendations
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