Agenda of Planning Meeting

1.View	Locality Plan
2.View	Location Plan
3.View	Apparatus Arrangement Plan
4.View	Indicative Design Sketch for the Apparatus

File Reference: DA/1474/2010

Document Number: D01593144

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*	*Drawn by*	*Dated*
Proposed Ropes Course – Location Plan – Drawing No. WES70-S01C	Maitland and Butler Pty Ltd	March 2010
Proposed Ropes Course – Site Plan – Drawing No. WES70-S02C	Maitland and Butler Pty Ltd	March 2010
Proposed Ropes Course – General arrangement plan – Drawing No. 10-1110-A	Adventure Developments Pty Ltd	17.11.2010
Indicative design sketch of the proposed ropes course – Drawing No. A01	Adventure Developments Pty Ltd	06/02/2009

REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

2. Building Code of Australia

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

3. Structural Safety

Structural Engineers details are to be submitted to the Principal Certifying Authority prior to the issue of any Construction Certificate

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

4. 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.

5. 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.

6. 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.

7. Toilet Facilities

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

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

b. 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.

REQUIREMENTS DURING CONSTRUCTION

8. Construction Work Hours

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

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

9. Bushland Protection during Construction

To ensure the protection of bushland during construction, the applicant must ensure all machinery to be cleaned of soil and debris before entering the site to prevent the spread of weeds and fungal pathogens.

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

10. Structural stability of the apparatus

The Structural Engineer is to certify the installation and construction prior to use.

OPERATIONAL CONDITIONS

11. 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 5 dB(A).

12. Hours of Operation

The recreation facility must only be used during daylight hours.

- 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 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.

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 development 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 3 metres, and which develops many branches, usually from a distance of not less than 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 Australian Standard AS 4970-2009 “Protection of Trees on Development Sites”.

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.

Planning Report No. PLN20/11

Date of Meeting: 2/03/2011

2 DEVELOPMENT APPLICATION - RESIDENTIAL - ALTERATIONS AND ADDITIONS
21 MILSONS PASSAGE, MILSONS PASSAGE

Development Application No:	DA/1473/2010
Description of Proposal:	Alterations and additions to an existing dwelling
Property Description:	Lot 7 DP 9231, 21 Milsons Passage, Milsons Passage
Applicant:	Mr Stephen Wrixon Russell
Owner:	Mr Stephen Wrixon Russell
Statutory Provisions:	Hornsby Shire Local Environmental Plan 1994 Environmental Protection E (River Settlements) zone
Estimated Value:	$20,000
Ward:	A

RECOMMENDATION

EXECUTIVE SUMMARY

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

2. The development involves land owned by a Councillor. In accordance with Council’s adopted Policy ‘PSA1 Proposed Council Developments’ and ‘Practice Note No. 7 Assessment Practice’, an independent assessment of the development application has been undertaken by ADW Johnson.

3. The proposal complies with the Hornsby Shire Local Environmental Plan 1994, Sydney Regional Environmental Plan No. 20 and the River Settlements Development Control Plan.

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

5. The report prepared by ADW Johnson is attached to this report for Council’s consideration. The independent consultant’s report recommends approval of the application.

ASSESSMENT

In accordance with Council’s adopted Policy PS41 Proposed Council Developments and Practice Note No. 7 – Assessment Practice, the assessment of the development application has been referred to an independent town planning consultant. The report by ADW Johnson is held at Attachment 2 of this report.

CONCLUSION

The application proposes alterations and additions to an existing dwelling.

Council has referred the application to an independent planning consultancy to carry out an assessment of the application and to consider public submissions. No public submissions were received. The independent consultant’s report recommends approval of the application.

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

Rod Pickles

Manager - Assessment Team 2

Planning Division

Scott Phillips

Executive Manager

Planning Division

1.View	Locality Plan
2.View	Consultant's Report
3.View	Site Plans
4.View	Floor Plans
5.View	Elevations

File Reference: DA/1473/2010

Document Number: D01593275

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*
00A, 00B, 00C, 01, 01.1, 02, 03, 04, 04.1, 05, 06, 07.	C.G	November 2010

*Document No.*	*Prepared by*	*Dated*
Statement of Environmental Effects	Cameron Gaunt	November 2010

REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

2. Building Code of Australia

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

3. Design and Construction - Bushfire Attack Category

The development must be constructed in accordance with the recommended conditions from the Hornsby FCC Office in their correspondence dated 9^th December 2010. A copy of this correspondence is attached in Appendix 1 to this consent.

In this regard, the Hornsby FCC provides the following recommendations:

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

b. New construction shall comply with section 5 (BAL 12.5) Australian Standard AS3959-2009 ‘Construction of buildings in bush fire-prone areas’ and section A3.7 Addendum Appendix 3 of ‘Planning for Bush Fire Protection’.

c. Roofing shall be gutterless or guttering and valleys are to be screened to prevent the build up of flammable material. Any materials used shall have Flammability Index of n 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.

4. Minimum Floor Level

A minimum floor level of 2.5m AHD is applicable to all habitable rooms.

5. Filling of Site

No part of the site below RL 2.0 AHD is to be filled.

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

6. 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.

7. 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.

8. 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.

9. Erection of Construction Sign

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

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

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

10. 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.

11. 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

12. 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

13. 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.

14. 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.

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 2005.

15. Acid Sulfate Soils

Should acid sulfate soils be encountered during construction works, Council is to be notified immediately and an Acid Sulfate Soils Management Plan, written in accordance with the NSW Acid Sulfate Soil Manual 1998, is to be submitted to Council.

16. 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.

17. 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.

18. 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.

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

19. 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.

20. Stormwater Drainage – Land Adjoining a Watercourse

In addition to other stormwater drainage requirements under this consent, all headwall outlets must incorporate flow velocity reduction controls (i.e. bedded boulders and small stones) to minimise erosive and scouring impacts to the watercourse. Energy dissipater controls must be landscaped to accommodate outlet sheet flow (forced jump). No engineering works are permitted within the bed of the watercourse.

21. 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.

22. 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.

23. Smoke Alarms – Dwelling Additions

Smoke alarms must be installed in the existing building and the proposed additions in accordance with the requirements of the Building Code of Australia.

- 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.

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 Australian Standard AS4970-2009 ”Protection of Trees on Development Sites”.

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

Dial Before You Dig

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

Asbestos Warning

Should asbestos or asbestos products be encountered during 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:

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

Planning Report No. PLN11/11

Date of Meeting: 2/03/2011

3 DEVELOPMENT APPLICATION - CONSTRUCTION OF AN INDUSTRIAL BUILDING INCLUDING A SERVICE SHOP
2 CHILVERS ROAD THORNLEIGH

Development Application No:	DA/855/2010
Description of Proposal:	Construction of an Industrial Building containing 13 units including a Service Shop.
Property Description:	Lot 2 DP 513555 (No. 2) Chilvers Road, Thornleigh
Applicant:	Construction Co Pty Ltd
Owner:	Asset Co Pty Ltd and Construction Co Pty Ltd
Statutory Provisions:	Hornsby Shire Local Environmental Plan 1994 Industrial A (General) Zone
Estimated Value:	$2,990,000
Ward:	B

RECOMMENDATION

EXECUTIVE SUMMARY

1. The application proposes construction of an industrial building containing 13 units including a service shop.

2. The proposal complies with the Hornsby Shire Local Environmental Plan other than the proposed floor space ratio which is the subject of an objection pursuant to State Environmental Planning Policy No. 1 – Development Standards. The objection is supported given the minor variation to the development standard.

3. The proposal complies with the Industrial Lands Development Control Plan other than the maximum two storey building height. The proposed three storey height is considered acceptable with regard to topography, the corner site and surrounding development.

4. Two submissions have been received concerning the proposal.

5. It is recommended that the application be approved.

HISTORY OF THE SITE

On 6 May 2005 Council approved DA/2403/2004 for demolition of a service station on the subject site. The service station has been demolished and site has been remediated in accordance with the conditions of consent.

On 22 January 2009, Development Application DA/60/2009 was lodged for the construction of an industrial building. The development application was withdrawn on 7 April 2009 prior to Council’s determination of the application. The development now proposed is similar to the previous proposal.

HISTORY OF THE APPLICATION

The current application initially included a proposal for six shops at the Chilvers Road frontage. The application was amended as retail use within the Industrial A zone is limited to a service shop with a gross floor area of not more than 100m².

THE SITE

The site has an area of 1,540.09m² and occupies the south west corner of Sefton Road and Chilvers Road. The site has a 36.27m frontage to Chilvers Road, a 9.1m splay to the corner and a 30.75m frontage to Sefton Road. The western side boundary dimension is 42.67m and the southern side boundary 36.575m. The site has an average fall of 2% to the Sefton Road frontage.

A 1.83m wide stormwater drainage easement is over a drainage line that flows south-north through the western rear portion of the site.

Surrounding developments fronting Chilvers Road and the southern side of Sefton Road include a range of industrial uses including warehousing, plumbing supplies, plastics manufacture, concrete batching, timber supplies, pharmaceutical manufacture, motor vehicle body repairs, mechanical and engineering workshops. Council’s works depot is located 40m west of the site.

The northern side of Sefton Road opposite the site is a low density residential area. A neighbourhood shopping centre is located on the north east corner of Sefton Road and Larool Crescent. A single storey brick industrial building is constructed on the southern side boundary. A two storey industrial building adjoins the western boundary.

The site forms part of the Thornleigh industrial area and is located 1.1km north of Thornleigh Railway Station.

THE PROPOSAL

The proposal is for the construction of a two and three storey industrial building with basement car parking. The building includes a lower ground floor industrial unit at the northern elevation, fronting Sefton Road.

The proposed building has an open car parking area at the Chilvers Road frontage. The building appears two storey at the Chilvers Road frontage and three storey at the Sefton Road frontage. Access to the basement car park is off Sefton Road.

The proposed building consists of 13 industrial units including a service shop (Tenancy 7). The majority of units are small industrial units ranging in floor area from 85m² to 116m², the lower ground floor industrial unit has an area of 330m². The proposed service shop has a floor area of 100m².

The proposed building includes a combined goods/passengers lift and 33 car parking spaces.

The proposal does not include strata subdivision.

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 estimated 32 additional jobs in the locality.

2. STATUTORY CONTROLS

2.1 Hornsby Shire Local Environmental Plan 1994

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

(a) to encourage economic growth and employment opportunities.

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

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

The proposed development is defined as ‘industry’ and ‘service shop’ 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 Industrial A zone is 1:1. The proposed 1,580m² floor area results in a floor space ratio of 1.0259:1 which exceeds the ratio by 39.91m². The application includes an objection under State Environmental Planning Policy No. 1 – Development Standards (SEPP 1) in respect to non-compliance with the standard.

2.2 State Environmental Planning Policy No. 1 – Development Standards

The applicant submitted an objection against Council’s development standard for a maximum floor space ratio of 1:1 under Clause 15 of the HSLEP.

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

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

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

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

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

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

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

The applicant’s objection is made with regard to the above five point test and the objectives of the Industrial A zone.

In summary the applicant submits that:

· The proposed development utilises space within the basement level which is contained within the building envelope.

· The objective of the Industrial A (General Zone) encourage a broad range of industrial, warehousing and other compatible land uses. Large scale warehouses and bulky good premises are not uncommon in the area. The proposal aims to provide a larger industrial tenancy and a mix of uses, which is entirely consistent with the intent of the LEP in terms of the role/function of the zone.

· All other LEP requirements have been met, ensuring that the proposed development is highly functional and achieves the desired outcome for development of the site.

· Strict compliance with the development standard is seen as a hindrance in obtaining the objects of the Act, as it would prevent the best use of the site, in this case the space would be wasted as unnecessary manoeuvring area.

· Strict compliance with Clause 15 of the HSLEP would be unreasonable and unnecessary when adopting the test of Justice Preston in Wehbe v Pittwater Council.

The principles expressed in the Land and Environment Court decision at points 1 and 3 above are considered to be satisfied by the proposal and the SEPP 1 objection. The objection is therefore well founded in respect to non-compliance with the floor space ratio standard.

2.3 Industrial Lands Development Control Plan

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

Industrial Lands Development Control Plan
Control	Proposal	Requirement	Compliance
Site Area	1,540.09m²	N/A	N/A
Total Floor Area	1,580m²	N/A	N/A
Floor Space Ratio	1.02:1	1:1	No
Setbacks	Chilvers Rd - 12.6m-15m Sefton Rd – 3m South Side – 0m West Side – 0m	3m 0m	Yes Yes
Height	2-3 storey	2 storey	No
Car parking	35 spaces	20 spaces	Yes
Outdoor Area	37m²	32m²	Yes

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

2.3.1 Density

The proposed development does not comply with the maximum floor space ratio for the Industrial A zone. The non-compliance is relatively minor and considered acceptable with regard to the submitted SEPP 1 objection.

The proposal is satisfactory in respect to the performance criteria, that the density of development should be in keeping with the bulk, scale and intensity of the area.

2.3.2 Setbacks

The proposed building complies with the prescriptive setback requirements.

The proposed basement car park has a zero setback from the Chilvers Road frontage. The setback is considered acceptable with regard to existing ground level at the Chilvers Road frontage and the top of the basement carpark being predominately at existing ground level at the Chilvers Road frontage. The proposed setback of the basement carpark would not detract from the streetscape or the appearance of the building.

2.3.3 Design

The proposed building is contemporary in style and in keeping with recent industrial development in the area. In presentation, the Chilvers Road façade contrasts with the Sefton Road façade, providing interest in the streetscape and at the corner frontage. The proposed design is consistent with the theme of recent developments in the Thornleigh Industrial Area and is satisfactory in respect to the Industrial Lands DCP design performance criteria.

The proposed units on Level 2 and Level 3 are relatively small and would provide for a range of uses suitable to the size of the units in accordance uses permitted with consent in the Industrial A zone.

The proposed building is designed for access for people with a disability.

The proposed development would be constructed over the existing stormwater drainage easement. The design of the proposed basement carpark and western elevation of the building allows overland stormwater flows to pass through the building in a major flood. The proposed openings in the western wall are enclosed with steel mesh fencing. Refer also to comments in Section 3.2.

The proposed development is three storey at the Sefton Road elevation which is in non-compliance with the two storey maximum height requirement of the Industrial Lands DCP. The proposed height is considered acceptable with regard to the proposed building design which maximises the advantage of the site topography and the corner site. The proposed lower ground floor unit is the only unit fronting Sefton Road.

The additional height at the Sefton Road elevation therefore would not result in overlooking or light spill impacts on adjacent residential properties opposite Sefton Road. It is considered the proposed height would not detract from the built form of the Thornleigh Industrial Area or result in an adverse visual impact.

2.3.4 Landscaping

The proposed development includes sufficient landscaping within the setback areas to soften the appearance of the proposed building in the streetscape.

The proposal involves the removal of a Bottlebrush tree at the Sefton Road frontage which is not identified as a significant tree. A number of eucalypts which have regenerated through the demolished material on the site would also be removed.

The proposal includes an outdoor dining area at the frontage of the proposed service shop, which is considered satisfactory in meeting the prescriptive measure for an outdoor eating and seating area for employees. A 1.5m high parapet wall screens the outdoor dining area from Sefton Road.

The proposal complies with the landscaping element objective of the Industrial Lands DCP.

2.3.5 Vehicle Access and Parking

The proposed redevelopment of the former service station site maintains the existing vehicle crossings.

The proposed car parking provision is considered appropriate for the proposed development in accommodating a range of land uses.

The proposed vehicle access, manoeuvring, loading and unloading areas comply with the RTA requirements for medium rigid trucks, which are the minimum sized vehicles able to be considered for smaller scale industrial developments and are appropriate for the units as proposed.

The proposed traffic generation of the industrial units and service shop involves approximately 80 daily vehicle trips and would not detract from the service level efficiency of the local road network and the Sefton Road/Chilvers Road/Larool Crescent intersections.

A condition is recommended to prohibit access by heavy rigid and articulated vehicles.

Subject to recommended conditions the proposal complies with the vehicle access and parking element objectives of the Industrial Lands DCP.

2.3.6 Acoustics

The proposed development is located opposite low density residential development on the northern side of Sefton Road and fronting Gilgandra Avenue.

The activity of the majority of the proposed units would predominate on Chilvers Road. A single tenancy is proposed at the Sefton Road frontage minimising noise impacts on adjacent residential properties. The proposed industrial building is designed with regard to neighbouring residential properties and is considered acceptable in respect to the existing acoustic environment.

Future uses of the proposed industrial units would be subject to separate development applications and acoustic assessments.

2.3.7 Waste Minimisation and Management

The former service station on the site has been demolished and the site remediated.

The proposal includes a waste storage area within the basement of the development that would be accessed from Sefton Road. The location of the proposed waste storage area would obstruct the overland flow path over the proposed stormwater drainage easement. A condition is recommended for the plans to be amended to relocate the waste storage area clear of the overland flow path and reduce the area of Unit 1 to accommodate the waste storage area. Refer also to comments in Section 2.3.8.

2.3.8 Drainage Control

The site is subject to a 1.83m wide stormwater drainage easement over a piped drainage line through the western part of the site. The stormwater drainage line forms part of a piped system that flows to Larool Creek 230m north of the site. There is no natural landscape feature associated with the drainage line in the immediate vicinity of the site.

The proposed development involves relocation of the easement and reconstruction of the drainage line to allow the construction of the building over the proposed easement. The proposed building is designed to allow the passage of the 1 in 100 year overland flow path through the basement car park. Council’s engineer recommends the position of the easement remain unchanged and raised no objection to the proposed building and reconstruction of the drainage line, as the basement car park has sufficient vertical clearance to allow access for Council’s excavator in the event the drainage line is blocked. The proposed overland flow path includes pollution control measures to intercept debris from entry into Council’s stormwater drainage system.

A condition is recommended for a stormwater detention system to be incorporated into the development. Subject to recommended conditions, the proposal complies with the Industrial Lands DCP drainage control element.

3. ENVIRONMENTAL IMPACTS

3.1 Natural Environment

The former service station site was essentially a concrete paved site. A number of non‑significant eucalypt trees, which have since regenerated through demolished material, would be removed by the proposed development. Given the industrial zoning of the site and the former use, removal of the trees is considered acceptable.

3.2 Built Environment

The proposed building is 12 metres high and would generally exceed the height of surrounding single and two storey developments. The proposed building is designed with regard to the corner site and the two street frontages. It is considered the building would contribute to the more recent contemporary style of industrial buildings located within the Thornleigh Industrial Area.

The proposed building is opposite a low density residential area involving dwelling houses with frontage to Gilgandra Avenue. The alternate residential frontage, the open space of the rear yards of the dwellings and existing mature trees within the road reserve of Sefton Road opposite the site, would mitigate any visual impact of the proposed industrial building on the character of the residential area.

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 32 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

There would be a number of multiplier effects that the development would provide throughout the local and regional economies. These multiplier effects would result from the sourcing of goods and services from suppliers to businesses within the complex as well as the increased consumption generated by the increase of employment in the area.

4. SITE SUITABILITY

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

The existing industrial site has been remediated from the former service station use and is suitable for redevelopment subject to stormwater drainage works.

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 August and 26 August 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 number of retail shops;

· Unacceptable height and overlooking;

· Unacceptable noise;

· Unacceptable traffic generation;

· Unacceptable light spill onto residential property;

· Unacceptable privacy impacts on dwellings opposite.

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

6. THE PUBLIC INTEREST

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

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

CONCLUSION

Consent is sought for construction of an industrial building containing 13 units including a service shop.

The proposed development would provide for a range of uses permissible within the Industrial A (General) Zone. The proposed shops have been amended to provide single service shop in accordance with the provisions of the HSLEP.

The proposed floor space exceeds the maximum permitted 1:1 floor space ratio by approximately 40m² which is considered acceptable in respect to the submitted SEPP 1 objection.

The former service station site has been remediated to a standard acceptable for the proposed use. The existing vehicle crossings on Chilvers Road and Sefton Road are maintained for the proposed development.

The proposed building has primary frontage to Chilvers Road and is designed with regard to the corner site minimising activity at the Sefton Road frontage and impacts on neighbouring residents. The proposal complies with the Industrial Lands DCP in respect to setbacks, building design, landscaping, vehicle access and parking. The non-compliance with the two storey height limit is considered acceptable with regard to the design of the building on the corner site and minimal impacts on neighbouring properties.

The existing stormwater drainage line and easement are subject to reconstruction for the proposed development. The proposed building over the easement allows sufficient vertical clearance for Council machinery to access in the event of blockages and is considered acceptable. A condition is recommended for relocation of the waste storage area to prevent obstruction of the overland flow path through the basement of the building.

The proposed development contributes to the recent contemporary style of industrial development within the Thornleigh Industrial Area and is recommended for approval.

Rod Pickles

Manager - Assessment Team 2

Planning Division

Scott Phillips

Executive Manager

Planning Division

1.View	Locality Plan
2.View	Basement/Site Plan
3.View	Floor Plans
4.View	Roof Plan
5.View	Elevations
6.View	Landscaping Plans

File Reference: DA/855/2010

Document Number: D01526303

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*
SK 1-02 C – Basement/Site Plan	Mayhill Architecture Urban Planning	01-12-10
SK 1-03 B – Ground Floor Plan	Mayhill Architecture Urban Planning	02-10-10
SK 1-04 B – First Floor Plan	Mayhill Architecture Urban Planning	02-10-10
SK 1-05 B – Roof Plan	Mayhill Architecture Urban Planning	02-10-10
SK 2-01 C – Elevations 01	Mayhill Architecture Urban Planning	01-12-10
SK 2-02 C – Elevations / Sections	Mayhill Architecture Urban Planning	01-12-10
SK 2-03 A – Colour Elevations 01	Mayhill Architecture Urban Planning	02-10-10
SK 2-04 A – Colour Elevations 02	Mayhill Architecture Urban Planning	02-10-10
LSC 1/3 Landscape Plan - Basement	SB Design	01.09.2009
LSC 2/3 Landscape Plan – Ground Flr	SB Design	01.09.2009
LSC 3/3 Landscaping Specifications	SB Design	01.09.2009

2. Removal of Existing Trees

This development consent only permits the removal of tree(s) as identified on the approved plans including the regenerated Eucalypts on the site. The removal of any other trees requires separate approval under Council’s Tree Preservation Order.

3. Amendment of Plans

The approved plans are to be amended as follows:

a. The basement waste storage area is to be relocated to provide a 12 metre wide overland flow path clear of any obstruction. The waste storage area must comply with the design criteria of the Waste Minimisation and Management Development Control Plan.

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. Sydney Water – Quick Check

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

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.

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. Dilapidation Report

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

8. Trunk Stormwater Drainage

The Council-controlled stormwater drainage system and Easement within the subject site shall be designed and reconstructed in accordance with Council’s Civil Works – Design and Construction Specification 2005 and the following requirements:-

a. The pipeline shall be designed and constructed as reinforced concrete pipe with class appropriate for design loadings and backfill. It shall have a minimum hydraulic capacity of at least the 20 year average interval recurrence interval (ARI) storm and an internal diameter of at least 900 mm.

b. To reduce maintenance and prevent hydraulic losses, the pipeline shall be constructed on an alignment within the existing 1.83m wide Drainage Easement and connected to the Council controlled drainage systems both upstream and the existing kerb inlet pit in Sefton Road. All junction pits and adjustments to the existing system shall be undertaken as necessary at the Applicant’s cost.

c. The Council drainage system shall be designed and constructed as either fully concrete encased or else encased as required by Hornsby Shire Council.

d. Pier and beam method of construction prepared by a Structural Engineer adjacent the Easements to the depth of the invert of proposed pipes, and to delineate an area for the drainage easement over the pipe.

e. In order to permit access to the pipe system for maintenance, a clear headroom of 3.8m shall be maintained over the site of the drainage easement. Details to be provided on the construction plans.

f. Pursuant to Section 59A and 68 of the Local Government Act 1993, an Application shall be made to Hornsby Shire Council for consideration and approval of the proposed Council-controlled drainage works, prior to the release of any Construction Certificate. Application requires payment of Council’s fee for assessment, approval and inspection.

9. Overland Flow Path

In order to reduce risk of damage to property from overland flow, the applicant shall undertake the following works at the applicant’s cost. Details from these requirements are to be prepared by a chartered hydraulic engineer on the construction plans;-

a. The south elevation of the lower carpark shall incorporate design and construction of an open pervious system of security screens extending to the existing ground level, to permit the design 100 year average recurrence interval (ARI) overland flow to be conveyed through the basement car parking aisle.

b. The lower carpark security gate shall be a pervious design and provide a lateral sliding secure gate over the 12m width of the western side car space module and aisle to permit conveyance of the design storm flow to Sefton Road.

c. To ensure no obstruction to design flows, the proposed bin room must be recessed into the lower ground floor tenancy. Only parking modules and accessways without kerbs and handrailing may be proposed within the design 100 year ARI storm flow area.

d. The floor levels of all tenancies and utility rooms shall be not less than 0.5m above the 100 year ARI storm level.

e. The area affected by design storm flow shall be shaped at a minimum grade of 1% down to the proposed crossing threshold level. The aisle and parking module shall be rectangular in section for conveyance of the design flow.

f. No part of the 100 year ARI design flow shall permit the velocity x depth product to exceed 0.7 m²/s, or exceed 200mm in depth.

g. Drainage plans showing the following details must be prepared by the hydraulic engineer and submitted for consideration with the Construction Certificate Application. The plans are to include basement design with levels and contours designed to convey the engineer’s proposed 3.3 m³/s design overland flowrate in the Sefton Road access western aisle and car module as per the above.

10. 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 23 cubic metres, and a maximum discharge (when full) of 36 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.

d. For safety, an overflow system capable of conveying the balance of the 100 year ARI design storm from the on-site detention system directly to a Council-controlled drainage system shall be provided.

e. If the system is to be constructed above ground in a car parking area, the maximum depth of ponding for the on-site detention volume shall be 200 mm and warning signs shall be installed.

11. Internal Driveway/Vehicular Areas

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

a. Design levels at the street boundaries be obtained from Council.

b. The driveway be rigid pavements and be designed by a chartered structural engineer.

c. The pavement design to incorporate levels required to convey the design 100 year ARI storm along the overland flow path and contain the proposed on-site detention volume.

d. Car spaces to be line marked.

e. The Chilvers Road boundary side truck access, service bay and manoeuvring areas shall be designed and constructed for the maximum design vehicle being the Medium Rigid Vehicle.

12. Road Works

All road works approved under this consent must be constructed in accordance with Council’s Civil Works Design and Construction Specification, 2005 and the following requirements:

a. A concrete footpath to be constructed within the road verge with the remaining area turfed.

b. Council’s standard heavy duty vehicular crossings to either street frontage are required to be designed and constructed.

c. Council’s standard kerb and gutter at levels and alignments similar to the existing kerb on all Chilvers Road, kerb return and Sefton Road alignments adjacent property boundaries, together with footpath formation and necessary drainage construction and adjustments.

d. The existing road pavement to be saw cut a minimum of 700 mm from the existing lip of kerb and reconstructed.

e. Pursuant to Section 138 of the Roads Act 1993, an Application shall be made to Hornsby Shire Council for consideration and approval of the proposed public road works, prior to the release of any Construction Certificate. Application requires payment of Council’s fee for assessment, approval and inspection.

13. 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. Construction vehicle movement plans.

e. Traffic management plans.

f. Pedestrian and cyclist access/safety.

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

14. 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.

15. 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.

16. 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

17. 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

18. 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.

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.

19. Soil Contamination

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

20. 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.

21. 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.

22. Survey Report – Finished Floor Level

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

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

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

23. 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.

24. Environmental Management

25. 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.

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.

26. Sydney Water – s73 Certificate

A s73 Certificate must be obtained from Sydney Water.

27. Damage to Council Assets

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

28. Creation of Easements and Restrictions

The following matters must be nominated on a Deposited Plan under s88B of the Conveyancing Act 1919:-

a. Removal of the existing Council drainage easement and creation of a drainage easement 3 Metres Wide over the proposed Council stormwater pipe in favour of Council and in accordance with the terms set out in Memorandum B5341305V filed with the NSW Department of Lands.

b. As the Council pipe is in a securable area, a positive covenant shall be created to ensure access for Council’s maintenance of the drainage system at any time either after giving notice or in an emergency, and removal of all plant, property, vehicles etc. from the easement and adjacent land immediately upon any request from Council. The terms shall indemnify Council against any property loss, loss of amenity or convenience or claims arising from access and working on the property and Easement. The terms must be obtained from Council.

c. A restriction over the flow path for a 100 year average recurrence interval storm. The "Restriction on the Use of Land" over the affected lots is to prohibit the alteration of the final floodway shape and the erection of any obstruction, including gates or fencing, in the floodway without the written permission of Council. The terms of this restriction must be obtained from Council.

d. A "Restriction on the Use of Land" on the property, requiring the finished floor level of any habitable room to be not less than 500mm above the 100 year average recurrence interval storm level. The levels must be related to Australian Height Datum.

e. The creation of an appropriate "Positive Covenant" and "Restriction as to User" over the constructed on-site detention 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.

f. To register the OSD easement, the restriction on the use of land “works-as-executed” details of the Council drainage system, overland flow and on-site-detention system must be submitted, while 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 systems 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.

g. Application shall be made to Hornsby Shire Council for consideration and approval of the deposited plan. Application requires payment of Council’s fee for approval and release. A copy of the registered plan shall be submitted to the Principle Certifying Authority prior to the release of the Occupation Certificate.

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

29. Completion of Landscaping

A certificate must be provided by a practicing landscape architect, horticulturalist or person with similar qualifications and experience certifying that all required landscaping works have been satisfactorily completed in accordance with the approved landscape plans.

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

30. External Lighting

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

31. Garbage Collection Easement

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

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

32. s94 Infrastructure Contributions

The payment to Council of a contribution of $65,371.80* for 31.6 employees towards the cost of infrastructure identified in Council’s Development Contributions Plan 2007-2011.

Note: * The value of contribution is based on a rate of $2,068.72 per employee, derived from a rate of one employee per 50sqm industrial floor area and is current as at 9 February 2011. The contribution will be adjusted from this date in accordance with the underlying consumer price index for subsequent financial quarters.

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

33. Food Premises

The fit out and operation of that part of the building to be used for the manufacture, preparation or storage of food for sale, must be in accordance with Australian Standard 4674-2004 – Design and fit out of food premises, the Food Act 2003, and the Food Regulation 2004.

Note: Reference should also be made to the Food Safety Standards and the ‘Safe Food Australia - A guide to the Food Safety Standards 2nd Edition January 2001’.

34. Kitchen Exhaust Installation

A kitchen exhaust system must be designed and installed to effectively prevent air pollution in accordance with the Protection of the Environment Operations Act 1997.

35. Grease Trap & Dry Basket Arrestor Installation

An application must be submitted to Sydney Water for the installation of a grease trap and dry basket arrestor (floor and sink) in accordance with the ‘Guidelines for the On-Site Pre-Treatment of Trade Wastewater Discharges – Sydney Water (May 2004)’.

OPERATIONAL CONDITIONS

36. Use of Premises

The development approved under this consent in respect to Tenancy 7 shall be used for a ‘service shop’ and not for any other purpose without Council’s separate written consent.

37. 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.

38. Hours of Operation

The hours of operation of the premise (Tenancy 7) are restricted to those times listed below:

Monday to Wednesday 7 am to 6 pm

Thursday 7 am to 9 pm

Friday 7 am to 6 pm

Saturday 7 am to 6 pm

Sunday & Public Holidays No work

39. Vehicle Access Prohibited

Site access for heavy rigid vehicles and articulated vehicles is prohibited.

40. Noise

- 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

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.

All distances are determined under Australian Standard AS4970-2009 ”Protection of Trees on Development Sites”.

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

Disability Discrimination Act

Use of Building – Separate DA Required

This consent does not permit the use of the premises, other than Tenancy 7, for any purpose. Separate development consent is required for the use of the remaining tenancies prior to the occupation of the building.

Advertising Signage – Separate DA Required

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

Dial Before You Dig

Asbestos Warning

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

Food Authority Notification

The NSW Food Authority requires businesses to electronically notify the Authority prior to the commencement of its operation.

Note: NSW Food Authority can be contacted at www.foodnotify.nsw.gov.au.

Council Notification – Food Premises

Prior to the commencement of the business, the operator is requested to contact Council’s Environmental Health Team to arrange an inspection for compliance against the relevant legislation and guidelines outlined in this approval.

Note: Council’s Environmental Health Officer can be contacted on 02 9847 6745.

Planning Report No. PLN4/11

Date of Meeting: 2/03/2011

4 DEVELOPMENT APPLICATION - ALTERATIONS AND ADDITIONS TO AN EXISTING MULTI-UNIT HOUSING DEVELOPMENT AND TORRENS TITLE SUBDIVISION OF ONE LOT INTO TWO LOTS
8 HALL ROAD HORNSBY

Development Application No:	DA/1463/2010
Description of Proposal:	Alterations and Additions to an Existing Multi-unit Housing Development and Torrens Title Subdivision of One Lot into Two Lots
Property Description:	Lot 13 DP 35085, No. 8 Hall Road, Hornsby
Applicant:	Mr Brett Slavin
Owner:	Mr Brett Slavin Mrs Fiona Lynette Slavin Mr Warrick Geoffrey Mattinson Mrs Kylie Gai Mattinson
Statutory Provisions:	Hornsby Shire Local Environmental Plan 1994 Residential A (Low Density)
Estimated Value:	$80,000
Ward:	B

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. 1463/2010 for alterations and additions to an existing multi-unit housing development and Torrens title subdivision of one lot into two lots at Lot 13 DP 35085, No. 8 Hall Road, Hornsby 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 multi-unit housing development and Torrens title subdivision of one lot into two lots.

2. The proposal does not comply with the minimum lot size pursuant to Clause 14 of the Hornsby Shire Local Environmental Plan 1994. The submitted objection to the minimum lot size development standard is well founded with regard to State Environmental Planning Policy No. 1 – Development Standards.

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

4. It is recommended that the application be approved.

HISTORY OF THE SITE

On 12 July 1988, Council approved Development Application No. 228/88 for the erection of a second dwelling under Sydney Regional Environmental Plan No. 12 - Dual Occupancy.

THE SITE

The site is located on the intersection of Hall Road and Innes Avenue, Hornsby. The site is relatively flat and contains two detached single storey dwellings. The original fibro cottage has a frontage to Hall Road and the second dwelling, which is single storey and brick veneer has a frontage to Innes Avenue.

Surrounding residential development is characterised by attached and detached single and two storey dwellings. The housing stock is a mix of original fibro cottages and new, two storey brick dwellings.

THE PROPOSAL

The application proposes the following works:

· Torrens title subdivision of the existing dual occupancy into two lots, with each dwelling located on a separate allotment, each having a total area of 403m²;

· Demolition of an existing brick double garage;

· Alterations and additions to the dwelling on proposed Lot 2, comprising an attached single garage and extended living area;

· Provision of off-street parking for both dwellings; and

· Erection of fencing, modifying driveways and minor ancillary development.

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 not be inconsistent with the draft Strategy.

2. STATUTORY CONTROLS

2.1 Sydney Regional Environmental Plan No. 12 - Dual Occupancy (Repealed)

SREP 12 was implemented to allow dual occupancy developments on parcels of land within Sydney that would not otherwise be permitted. The objective of this Plan was to increase the density of suburbs able to withstand an increase in density.

The application for dual occupancy development was approved on the 12 July 1988. At that time, SEPP 25 was not in place to permit the subdivision of dual occupancy development. As such, the development does not benefit from the savings provisions within the HSLEP - Amendment No. 8 and the minimum area standard contained within Clause 14 of the HSLEP. The ‘Design’ element of Council’s Residential Subdivision Development Control Plan would apply.

2.2 Hornsby Shire Local Environmental Plan 1994

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

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

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

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

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

The proposed development is not inconsistent with the zone objectives, as the proposed subdivision would not alter the land use within the area, would maintain the residential character of the area and the development works are considered to be within the environmental capacity of a low density residential environment.

Clause 14 of the HSLEP prescribes that the minimum area per allotment within the Residential A (Low Density) zone is 500m². The proposed subdivision does not comply with the minimum lot area requirements. In this regard the application is the subject of an objection pursuant to State Environmental Planning Policy No. 1 - Development Standards and this matter is addressed in Section 2.3 of this report.

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

Clause 18 of the HSLEP sets out heritage conservation provisions within the Hornsby area. There is no heritage item located on the site, nor in the immediate vicinity of the site and the site is not located within a heritage conservation area.

2.3 State Environmental Planning Policy No. 1 - Development Standards

SEPP 1 provides flexibility in applying development standards and enables a consent authority to vary a standard where strict compliance would be unnecessary, unreasonable, or tend to hinder the objectives of the Act. Where there is a variation to a development standard, the application must be accompanied by a SEPP 1 objection.

The applicant submitted an objection against Council’s adherence to the minimum 500m² lot size development standard under Clause 14 of the HSLEP. Each of the proposed lots would have an area of 403m².

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;

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

· The development is consistent with the environmental capacity of the land. The site density is consistent with Council’s LEP standards for multi-unit dwellings and meets Council’s DCP requirements.

· In relation to built form and amenity controls, the proposal satisfies the built form and environmental controls set by Council in their Development Control Plans for multi-unit housing within the Residential A zone.

· This proposal seeks to provide for an outcome for the subject site, identical with currently existing on a number of the adjoining properties. In the immediate context, diagonally opposite the site, 5A and 5B Hall Road is a strata titled attached dual occupancy and next to that on 3 Neutral Road is another strata titled attached dual occupancy.

· The proposal is able to achieve the objectives of the standard to a degree so that strict compliance with that standard is unnecessary and unreasonable. It is unnecessary as the objective of limiting development in proportion to the lands environmental capacity is achieved through compliance with Council’s controls.

The application seeks to subdivide an existing detached dual occupancy development approved under SREP 12. An internal boundary fence is proposed to separate the two dwellings, the existing garage demolished and parking provided for both lots. Each dwelling is provided with a private open space area, car parking and separate access to either Hall Road or Innes Avenue. A proposed easement for services and storm water drainage would be provided over the existing service pipes.

Approval of the application for Torrens title subdivision would not alter the appearance of each dwelling except for the deletion of the double garage and the replacement with a single garage on proposed Lot 2. The density of the development would not be altered by the proposal and the floor space ratio of the development complies with the requirements of Clause 15 of the HSLEP. The associated works, namely the addition to the dwelling on proposed Lot 2, the driveway alterations and the proposed fencing are relatively minor and could be effectively conditioned with any approval.

The proposal would not have a negative impact upon the residential environment of the locality and the proposal is not inconsistent with the objectives contained within section 5(a) (i) and (ii) of the Environmental Planning and Assessment Act 1979.

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.

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

Clause 7 of State Environmental Planning Policy No. 55 - Remediation of Land 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 history indicates a history of residential development. It is not likely that the site has experienced any significant contamination, and further assessment under SEPP 55 is not required.
2.5 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004

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

The proposal includes a BASIX certificate for the alterations to the existing dwelling on proposed Lot 2 in acc ordance with the requirements of the SEPP including the list of commitments to be complied with at the construction stage and during the use of the premises. The BASIX certificate achieves the minimum scores for thermal comfort, water and energy.

The proposal is acceptable in this regard.

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

The Plan regulates impacts of future land uses on the River through implementation of planning policies and strategies for total catchment management, environmentally sensitive areas, water quality, water quantity, cultural heritage, flora and fauna, riverine scenic quality, agriculture/aquaculture and fishing, rural residential development, urban development, recreation and tourism.

The proposed boundary adjustment would not adversely impact on the River or its catchment.

2.7 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 (LDMUH 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 403m²

1 dwelling per 350m²

Yes

Floor Area

- Lot 1 Dwelling

- Lot 2 Dwelling

104.6m²

131.4m²

N/A

Floor Space Ratio

- Lot 1 Dwelling

- Lot 2 Dwelling

0.26:1

0.32:1

0.4:1

Yes

Height

- Lot 1 Dwelling

- Lot 2 Dwelling

unchanged

4.3m

Yes

Car parking

- Lot 1 Dwelling

- Lot 2 Dwelling

1 space

1 spaces

2 spaces

Yes

Site cover

- Lot 1 Dwelling

- Lot 2 Dwelling

26%

45%

40%

Yes

Private Open Space

- Lot 1 Dwelling

- Lot 2 Dwelling

71m²

118m²

60m²

100m²

Yes

Landscape Area

- Lot 1 Dwelling

- Lot 2 Dwelling

60%

50%

45%

Yes

Setbacks

Lot 1 Dwelling

- Front (Hall St)

-Front (Innes Ave)

- Side (west)

- Side (north)

Lot 2 Dwelling

- Front (Innes Ave)

-Side (north)

- Side (south)

- Rear (west)

7.5m

3.5m

900mm

4.5m

Yes

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

2.7.1 Design

The proposed development is consistent with the subdivision pattern within the locality and would not have detrimental impact upon the existing streetscape nor detract from the characteristic built form of the locality.

Whilst the development satisfies the DCP requirements for lot size and FSR, the proposed development does not comply with the requirements for site coverage on proposed Lot 2 which states that site coverage should not exceed 40% of the site area.

The applicant has justified the non-compliance on the basis that the site coverage standard expressed in the LDMUH DCP is inconsistent with both Council’s ‘Exempt and Complying Development DCP’ and 'State Environmental Planning Policy (Exempt and Complying development Codes) 2008' controls as follows:

· Council’s exempt and complying controls allow certain development to occur without the need to conform to the site coverage requirement. The Codes SEPP also varies in the calculation of site coverage, particularly in regard to exclusions.

· The Exempt and Complying DCP allows development included in calculation of site area to be built as "exempt or complying development". For example, while the Low Density Multi-Unit Housing DCP requires the site coverage calculation to include garages, carports, outbuildings, terraces and verandas. The same developments may be built without reference to the site coverage control. The proposed development subject to this application would have the same built outcome were the extension to the house on Lot 2 approved and the garden shed and pergola built under council's Exempt and Complying DCP.

· The Codes SEPP allows development included in the DCP calculation of site area to be built as "exempt or complying development". For example, while the Multi-Unit Housing DCP requires the site coverage calculation to include garages, carports, outbuildings, terraces and verandas, the same developments may be built without reference to council's site coverage control. In fact, the site coverage for a dwelling house is 50% for dwellings on lots between 450m² and 900m², which will change to 55% for lots between 300m² and 450m² when the amendments to the Codes SEPP commence in February 2011. The proposed development subject to this development application would have the same built outcome were the extension to the house on Lot 2 approved and the garden shed and pergola done under the Codes SEPP.

As the bulk of the proposed built form is existing, the minor non-compliance with the site coverage requirements of the DCP does not warrant refusal of the application.

2.7.2 Setbacks

Whilst the proposed development is inconsistent with the requirements for the front setback on both lots and the southern side setback for the dwelling on Lot 2, both dwellings are existing on the site and the built form of the existing development remains essentially unchanged. Accordingly, non-compliance with the requirements of the setback element of the DCP would not warrant refusal of the application

2.7.3 Car Parking

The DCP states that two car parking spaces are required to be provided for dwellings greater than 100m² in area. This would result in a requirement of one car parking space for the existing dwelling on proposed Lot 1 and two car parking spaces on proposed Lot 2.

The proposed subdivision and alterations to the dwelling on proposed Lot 2 result in a parking shortfall of one space for this dwelling. The applicant has provided the following justification for the non-compliance:

“While the alterations and additions to the dwelling on Lot 2 increase the floor area and hence increase Council’s parking requirements from one to two spaces, this is considered unnecessary because:

· The existing dual occupancy was approved with one space for each dwelling and this would continue;

· The number of bedrooms would not increase, just living space and so given no increase in the houses capacity, the extra space is not required.”

As the proposed works would not result in an increase to the number of bedrooms to the dwelling on proposed Lot 2 and given that the provision of car parking is consistent with the original approval of the development under SREP 12, the non-compliance with the car parking requirements does not warrant refusal of the application.

2.7.4 Safety, Security & Crime

The proposed design includes windows at the front elevation that would enable casual surveillance of the street and the driveway entry. Accordingly, the proposed development is satisfactory in respect to the crime prevention element objective of the Low Density Multi-Unit Housing DCP.

2.7.5 Privacy

The proposal is well set back from the residences on adjoining properties and in conjunction with the boundary fencing and proposed landscaping, would have minimal impact on the privacy of adjoining properties.

2.7.6 Drainage Control

The existing dwellings are connected to the existing internal drainage system which includes and on-site detention system.

2.7.7 Solar Access

The existing dwellings would not result in non-compliance with the DCP requirement for 4 hours of sunlight to the private open space for adjacent dwellings between 9:00am and 3:00pm.

2.7.8 Private Open Space

The proposed private open space areas are accessible from the dwelling is living areas and comply with the area requirement of the Low Density Multi-Unit Housing DCP.

2.7.9 Streetscape and Visual Impact

The development is consistent with the surrounding streetscape in regard to landscaping and setbacks. Surrounding dwellings are similar in scale.

2.7.10 Access Routes & Entrances to Building

The proposed development is considered acceptable with regard to pedestrian and vehicular access routes and entrances to dwellings.

2.7.11 Section 94 Contributions

The proposal involves the Torrens title subdivision of an existing dual occupancy development approved under SREP 12 in 1988.

The proposal does not involve an increase in population and subsequent increase in demand on services such as; transport and traffic management, library and community facilities, civic improvements, stormwater drainage, bushfire protection and Section 94 administration. Accordingly, no contribution is required.

2.8 Residential Subdivision Development Control Plan

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

Residential Subdivision Development Control Plan
Control	Proposal	Requirement	Compliance
Site Area	806m²	N/A	N/A
Allotment Site Area - Lot 1 Dwelling - Lot 2 Dwelling	403m² 403m²	500m² 500m²	No No

As detailed in the above table, the proposed development does not comply with the prescriptive standards for allotment size area within Council’s Subdivision DCP. The matters of non-compliance, as well as a brief discussion on compliance with relevant performance standards have been discussed in Section 2.3 and 2.7 above.

2.9 Car Parking Development Control Plan

The primary purpose of the DCP is to provide car parking controls for development. In accordance with Council’s Car Parking Development Control Plan, two car parking spaces are required to be provided for dwellings greater than 100m² in area.

The proposal’s non-compliance with the requirements of the DCP is discussed in section 2.7.3 above.

3. ENVIRONMENTAL IMPACTS

3.1 Natural Environment

The site comprises a number of exotic, native planted trees and locally indigenous specimens. The proposed development would necessitate the removal of two trees from the site. None of the trees to be removed are identified as ‘significant trees’ under Council’s Tree Management Plan.

Council’s assessment of the proposal included a detailed examination of the existing trees on site. The majority of the trees are introduced exotic species.

It is considered that the removal of the trees is acceptable in the circumstances.

3.2 Built Environment

The proposed development includes the retention of the existing dwellings and buildings on each of the lots and the matters in relation to the impact of the development on the built environment have been discussed in sections 2.6 of this report.

3.3 Social Impacts

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

3.4 Economic Impacts

The proposed development would not have a detrimental economic impact upon 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/risk associated with the site with respect to bushfire, flooding, landslip and subsidence that would preclude approval of the proposed development.

5. PUBLIC PARTICIPATION

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

5.1 Community Consultation

The proposed development was placed on public exhibition and was notified to adjoining and nearby landowners between 25 November 2010 and 16 December 2010e in accordance with Council’s Notification and Exhibition Development Control Plan. During this period, Council did not receive any submissions. The map below illustrates the location of those nearby landowners who were notified of the development.

NOTIFICATION PLAN

• PROPERTIES NOTIFIED

X SUBMISSIONS

RECEIVED

PROPERTY SUBJECT OF DEVELOPMENT

5.2 Public Agencies

The development application was not referred to any Public Agencies for comment.

6. THE PUBLIC INTEREST

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

CONCLUSION

The applicant seeks to subdivide an existing multi-unit housing development containing two dwellings into two separate lots.

The application does not comply with the Hornsby Shire Local Environmental Plan, 1994 in respect to Clause 14 ‘Density’. A State Environmental Planning Policy No. 1 objection to the development standard contained within Clause 14 has been submitted. The proposal, when taking into consideration the aims and objectives of State Environmental Planning Policy No. 1, is considered to be acceptable.

The proposal does not comply with the elements design, setbacks and car parking within the Low Density Multi-Unit Housing Development Control Plan and the density element in the Residential Subdivision Development Control Plan. These non-compliances are considered to be minor and are as a consequence of the approval of the dual occupancy under Sydney Regional Environmental Plan No. 12 in 1988 and have been adequately addressed by the recommended conditions of consent.

Approval of the application for Torrens title subdivision, pursuant to State Environmental Planning Policy No. 1, is recommended.

Rod Pickles

Manager - Assessment Team 2

Planning Division

Christopher Fraser

Acting Manager

Subdivisions Branch

Scott Phillips

Executive Manager

Planning Division

1.View	Locality Plan
2.View	Subdivision/Demolition Plan
3.View	Floor Plan and Elevations

File Reference: DA/1463/2010

Document Number: D01550566

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

Subdivision Plan prepared by Caddey & Associates

*Plan No.*	*Title*	*Dated*
16679B	Plan of Proposed Subdivision	26 October 2010

Architectural Plans prepared by Architectural Design & Drafting

*Plan No.*	*Title*	*Dated*
SLAV 01	Site & Floor Plan	November 2010
SLAV 04	Elevations	February 2011

Supporting Documentation

*Document Title*	*Prepared by*	*Dated*
Statement of Environmental Effects	Brett Slavin	November 2010
Site Tree Location Plan (Document No. D01592446)	HSC	31 January 2011
Waste Management Plan	Brett Slavin	15 November 2010
BASIX Certificate No. A99010	-	1 February 2011

2. Removal of Existing Trees

This development consent only permits the removal of trees numbered 4 and 5 as identified on the Site Tree Location Plan prepared by HSC dated 31 January 2011 (Document No. D01592446). 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)

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

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. 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.

7. Sydney Water – Quick Check

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

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

8. 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. 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.

10. 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

11. Erosion and Sediment Control

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

REQUIREMENTS DURING CONSTRUCTION

12. Construction Work Hours

All work on site (including 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. Council Property

16. Excavated Material

REQUIREMENTS PRIOR TO THE ISSUE OF A SUBDIVISION CERTIFICATE

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

17. Fulfilment of BASIX Commitments

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

18. Sydney Water – s73 Certificate

A s73 Certificate must be obtained from Sydney Water.

19. Internal Driveway/Vehicular Areas

The driveway and parking areas on site must be designed in accordance with Australian Standards 2890.1, 2890.2, 3727 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. Conduit for utility services including electricity, water, gas and telephone be provided.

20. 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.

c. Approval obtained from all relevant utility providers that all necessary conduits be provided and protected under the crossing.

Note: An application for a vehicular crossing can only be made to one of Council’s Authorised Vehicular Crossing Contractors. You are advised to contact Council on 02 9847 6940 to obtain a list of contractors.

21. 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.

22. Stormwater Drainage – Dwellings

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

a. Connected to the existing internal drainage system.

23. Stormwater Drainage – On-Site Detention / Retention System

The location of the existing stormwater drainage on-site detention / retention system shall be certified by a registered surveyor: A “works-as-executed” details of the existing on-site detention / retention 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.

24. Creation of Easements

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

a. An inter-allotment drainage easement(s) in favour of proposed Lot 2 over the on-site detention / retention system and interallotment drainage system within proposed Lot 1.

b. 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.

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

25. Smoke Alarms – Dwelling Additions

Smoke alarms must be installed in the existing building and the proposed additions in accordance with the requirements of the Building Code of Australia.

26. 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).

- 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

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.

All distances are determined under Australian Standard AS4970-2009 "Protection of Trees on Development Sites”.

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.

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.

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

Note: Council will 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 will be charged at the individual inspection rate nominated in Council's Fees and Charges Schedule.

Dial Before You Dig

Asbestos Warning

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.

Rain Water Tank

It is recommended that water collected within any rainwater tank as part of the development be limited to non-potable uses. NSW Health recommends that the use of rainwater tanks for drinking purposes not occur where a reticulated potable water supply is available.

Planning Report No. PLN18/11

Date of Meeting: 2/03/2011

5 DEVELOPMENT APPLICATION - CHANGE OF USE FOR VETERINARY CLINIC
31 NORMANHURST ROAD, NORMANHURST

Development Application No:	DA/1462/2010
Description of Proposal:	Change of Use of Existing Premises for a Veterinary Clinic and Installation of Signage.
Property Description:	Lot 5 DP 13033 (No. 31) Normanhurst Road, Normanhurst.
Applicant:	Elbridge Pty Ltd
Owner:	R & I Services Pty Ltd and Ceranova Pty Ltd
Statutory Provisions:	Hornsby Shire Local Environmental Plan 1994 Business C (Neighbourhood) Zone
Estimated Value:	$40,000
Ward:	B

RECOMMENDATION

EXECUTIVE SUMMARY

1. The application proposes the change of use of an existing premises to establish a veterinary clinic and install new signage.

2. The proposal complies with the Hornsby Shire Local Environmental Plan, the Business Lands Development Control Plan and Outdoor Advertising Development Control Plan.

3. A Red Sticker has been placed against the application resulting in it being referred to Council for determination.

4. Three submissions (two objections and one support) have been received in respect of the application.

5. It is recommended that the application be approved.

THE SITE

The site is a commercial lot with an area of 360.7m² on the western side of Normanhurst Road and at the rear of the shopping strip on Denman Parade. The site is irregular in shape with frontage of 13.285m to Normanhurst Road, rear boundary dimension 8.79m, northern boundary 37.725m and southern boundary 35.8m. The site includes an existing single storey contemporary commercial building approved for office premises.

A right of carriageway (ROC) adjoins the western boundary over the accessway which services adjoining commercial properties fronting Denman Parade. The ROC provides vehicle and pedestrian access to the site and to a small car parking area at the rear of the existing premises. Car parking is also provided at the site frontage.

The existing commercial building is of brick construction with sheet metal skillion roof and is fitted out for office premises. The gross floor area of the premises is 170m². The main entry to the building is at the Normanhurst Road frontage. A staff/service entry is at the frontage to the accessway.

The site forms part of the Normanhurst neighbourhood shopping centre but is the only commercial site with primary frontage to Normanhurst Road, which is otherwise a residential street. The southern boundary of the site adjoins a dwelling house.

Normanhurst is physically divided by the Northern Rail Corridor. The rail bridge at the end of Buckingham Street 70m north-west of the site links the neighbourhood shopping centre to the northern part of Normanhurst. Pennant Hills Road is located 300m south of the site.

THE PROPOSAL

The proposal is for change of use from office premises to a veterinary clinic and installation of signage as follows:

· Establishment and operation as a Veterinary Clinic. Activities include minor health checks, vaccinations, dental checks/procedures, critical care/surgery, X-ray screening, pathology for domestic animals.

· Fitout of the existing premises with internal partitioning to create a waiting/reception area, 2 consulting rooms, 2 treatment rooms, pathology laboratory, pharmacy, radiology area, mechanise storage, food preparation area, recovery rooms, isolation room, staff room and office.

· Operating hours between 8.00am to 7.00pm weekdays, 8.00am to 12.00 midday Saturdays and closed on Sundays. Consultation hours between 8.00am to 11.00am and 4.00pm to 7.00pm weekdays and 8.00am to 12.00 midday Saturdays.

· Employment of 1 Veterinarian and 1 Veterinary Nurse/Receptionist on a permanent basis.

· Consultation with approximately 2 patients per hour.

· Accommodation of a maximum of 10 animals during treatment and recovery.

· Business Identification Signage including:

Sign A – facia sign 2.4m x 0.5m

Sign B – facia sign 1.61m x 0.5m

Sign C – facia sign 1.71m x 0.5m

Sign D – wall sign 0.7m x 0.7m

Sign E – wall sign 0.67m x 1.16m

Sign F – illuminated pole sign 1.2m x 0.7m x 3.5m high

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 contributing to local employment.

2. STATUTORY CONTROLS

2.1 Hornsby Shire Local Environmental Plan 1994

The subject land is zoned Business C (Neighbourhood) under the Hornsby Shire Local Environmental Plan 1994 (HSLEP). The objectives of the zone are:

(a) to encourage economic growth and employment opportunities.

(b) to accommodate the retail, service and social needs of the community within the neighbourhood.

(c) to encourage development that improves the health, vitality, cultural environment and social environment within neighbourhood business centres.

The proposed development is defined as ‘veterinary clinic’ under the HSLEP and is permissible in the zone with Council’s consent. The HSLEP includes the following definition:

‘veterinary clinic’ means a building or place used for diagnosing or medically (but not surgically) treating animals where animals are not accommodated on the premises, but does not include a veterinary hospital.

The development application as made is for a ‘veterinary clinic’. The application however was registered and advertised by Council as a ‘veterinary hospital’. This error has been corrected. A ‘veterinary hospital’ would be a prohibited use in the Business C (Neighbourhood) zone.

2.2 Veterinary Practice Act 2003

The object of the legislation is to promote the welfare of animals, ensure competencies of veterinary practitioners, ensure acceptable standards and public health protection.

The legislation makes provision for veterinary hospitals as premises where ‘major surgery’ may be carried out subject to license. Under the legislation ‘major surgery’ is defined as procedure requiring the administration of an anaesthetic (other than a local anaesthetic). Major surgery can only be undertaken at a veterinary hospital licensed by the Veterinary Practitioners Board.

The legislation does not make reference to a ‘veterinary clinic’ but to ‘veterinary practice’ or ‘veterinary hospital’. The Standard LEP definition and Council’s draft Comprehensive LEP only makes provision for ‘veterinary hospital’ which would be a permitted use on the site within the B1 Neighbourhood Centre Zone under the draft Comprehensive LEP.

For the operation of the proposed veterinary clinic, animals requiring ‘major surgery’ would require referral to a veterinary hospital in accordance with the Act.

2.3 State Environmental Planning Policy No. 64 – Advertising and Signage

The aim of the Policy is to ensure proposed signage is compatible with the amenity and visual character of the area, provides effective communication and is of quality design.

The proposed signage is identified as ‘business identification sign’ and is satisfactory in consideration of the assessment criteria under Schedule 1 of the Policy.

2.4 Business Lands Development Control Plan

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

Business Lands Development Control Plan
Control	Proposal	Requirement	Compliance
Signs	Sign Area – 4.97m²	Max. Area – 6.64m²	Yes

As detailed in the above table, the proposed development complies with the relevant prescriptive standard within Council’s Business Lands DCP. Below is a brief discussion on compliance with relevant performance standards.

2.4.1 Density

The proposed change of use does not involve any increase in the existing floor area or change to the exterior of the existing building other than the proposed signage.

The proposed floor plan would provide for additional staff and consultation hours. Any proposed expansion of the veterinary practice would be subject to future development application.

2.4.2 Vehicle Access and Parking

The site includes five existing car parking spaces, two at the frontage of the building and three car parking spaces at the rear of the building. One of the spaces at the frontage is proposed for disabled parking. The existing accessway is adequate for vehicle manoeuvring and goods delivery.

The Business Lands DCP does not include a numeric car parking requirement for veterinary clinics or veterinary hospitals.

The proposed disabled car parking space at the frontage would result in four car parking spaces including the disabled space. The disabled space is proposed for a loading/unloading area outside of consultation hours.

Council’s Traffic and Road Safety assessment concludes that the development would not adversely impact upon the local road network.

2.4.3 Signs

The proposed business identification signs are considered satisfactory in compliance with the Business Lands DCP performance criteria, i.e.:

The number and size of signs should be limited to ensure equity for land uses and a pleasant visual environment.

2.4.4 Commercial Centres Hierarchy

The site is within the Denman Parade Normanhurst Neighbourhood Centre.

The proposed veterinary clinic would service the surrounding residential area and contribute to the economic vitality of the neighbourhood centre.

2.4.5 Acoustics

The existing building is designed with regard to amenity of the residential property adjoining the southern boundary. The brick building is constructed to the boundary with no openings at the southern elevation, minimising noise impacts on residential amenity. No animals are proposed to be housed outside the existing building.

The applicant submitted an Acoustic Assessment, prepared by SLR Heggies Global Environmental Solutions, which discussed noise from barking dogs, car parking and mechanical plant, having regard to the design of the existing building, the proposed fitout and the adjoining residential property.

The report concluded as follows:

The noise from barking dogs, the car park and mechanical plant associated with the operation of the proposed veterinary clinic has been assessed and found to present no significant risk to the neighbouring residence at 29 Normanhurst Road.

A condition is recommended to maintain the existing acoustic environment.

2.5 Outdoor Advertising Development Control Plan

The proposed signage has been assessed having regard to the relevant specifications within Council’s Outdoor Advertising Development Control Plan (Outdoor Advertising DCP). The following table sets out the proposal’s compliance with the specifications of the Plan:

Outdoor Advertising Development Control Plan
Control	Proposal	Requirement	Compliance
Facia Signs	A – 2.4m x 0.5m B – 1.61m x 0.5m C – 1.71m x 0.5m TOTAL – 2.86m²	Max. Area – 3m²	Yes
Wall Sign	D – 0.7m x 0.7m (.49m²) E – 0.67m x 1.16m (.77m²)	Max. @ 4m²	Yes
Pole Sign	F – 1.2m x .7m (.84m²) Height 3.4m	Area – 4.5m² Height – 8m	Yes

The proposed signs are business identification signs and achieve the purpose and objectives of the Outdoor Advertising DCP.

3. ENVIRONMENTAL IMPACTS

3.1 Natural Environment

The site includes an exotic deciduous tree at the frontage which contributes to the streetscape and is to be retained. The proposed ramp at the frontage is setback 4m from the tree in accordance with Council’s setback requirements.

The safe disposal of dead animals and hazardous waste material is to be in accordance with the licensing requirements of the Veterinary Practitioners Board of NSW and legislative requirements.

3.2 Built Environment

The proposed signage would not detract from the appearance of the site in the streetscape.

3.3 Social Impacts

The proposal would not result in a social impact.

3.4 Economic Impacts

The proposal would contribute to the range of services provided by the Normanhurst Neighbourhood Centre and the vitality of the centre.

4. SITE SUITABILITY

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

The existing site is considered suitable for the proposed veterinary clinic.

5. PUBLIC PARTICIPATION

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

5.1 Community Consultation

The proposed development was placed on public exhibition and was notified to adjoining and nearby landowners between 25 November 2010 and 16 December 2010 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
2 SUBMISSIONS RECEIVED OUT OF MAP RANGE

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

· Unacceptable noise;

· Illegal land use;

· Parking deficiency;

· Additional staffing for proposed clinic;

· Non-compliance Sydney Water requirements.

One submission supported the proposal and made the following observations:

· The development would provide a veterinary practice closer to home.

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 Trade Waste

In a submission concern was raised the proposal was not in accordance with Sydney Water trade waste requirements. Sydney Water has advised the use of settlement pits is no longer a requirement for veterinary clinics however floor waste collection traps are recommended.

A condition is recommended for compliance with Sydney Water requirements.

6. THE PUBLIC INTEREST

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

CONCLUSION

The development application for the proposed veterinary clinic includes detailed information concerning the proposed veterinary procedures, operating hours, staff, animal accommodation and fitout of the existing premises.

The proposed veterinary practice complies in respect to the Business Lands DCP objectives for vehicle access and parking, signs, commercial centres hierarchy and acoustics.

The proposed signage complies with the specification requirements of the Outdoor Advertising DCP.

The existing site is considered suitable for the proposed use which is recommended for approval.

Rod Pickles

Manager - Assessment Team 2

Planning Division

Scott Phillips

Executive Manager

Planning Division

1.View	Loclaity Plan
2.View	Site Plan
3.View	Floor Plan
4.View	Elevations
5.View	Signage Plans

File Reference: DA/1462/2010

Document Number: D01593042

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*
01B - Site Plan	GWN Drafting	Nov 2010
03A – Floor Plan	GWN Drafting	Nov 2010
04A – Signage Elevation	GWN Drafting	Nov 2010
A – Signage Proof	Catalyst Graphics	Undated
B – Signage Proof	Catalyst Graphics	Undated
C – Signage Proof	Catalyst Graphics	Undated
D – Signage Proof	Catalyst Graphics	Undated
E – Signage Proof	Catalyst Graphics	Undated

*Document No.*	*Prepared by*	*Dated*
REF: 2606 C-2 Statement of Environmental Effects	GWN Drafting	12 Nov 2010
REF: 610.10136 L002 DA Assessment 20101112.doc Acoustic Assessment DA for Change of Use Proposed Veterinary Clinic, 31 Normanhurst Road	SLR Heggies Pty Ltd	12 Nov 2010
REF: 2606 – Appendix D, Environmental Site Management Plan	GWN Drafting	Undated

REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

2. Building Code of Australia

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

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

3. Erection of Construction Sign

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

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

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

4. 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

5. 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.

6. Council Property

7. Environmental Management

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.

8. 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.

9. Dry Basket Arrestor Installation

An application must be submitted to Sydney Water for the installation of a dry basket arrestor (floor and sink), in accordance with the ‘Guidelines for the On-Site Pre-Treatment of Trade Wastewater Discharge – Sydney Water (May 2004)’.

OPERATIONAL CONDITIONS

10. Car Parking and Deliveries

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

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. The disabled parking space must be constructed in accordance with AS/NZS 2890.6.2009.

11. Veterinary Practice

The development approved under this consent shall be used for a veterinary clinic and not for any other purpose without Council’s separate written consent.

Veterinary procedures requiring ‘major surgery’ pursuant to the Veterinary Practice Act 2003 are to be referred to a veterinary hospital.

12. Hours of Operation

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

Weekdays 8 am to 7 pm

Saturday 8 am to 12 midday

13. Noise

- 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

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.

All distances are determined under Australian Standard AS4970-2009 "Protection of Trees on Development Sites”.

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

Disability Discrimination Act

Planning Report No. PLN8/11

Date of Meeting: 2/03/2011

6 DEVELOPMENT APPLICATION - ERECTION OF A DWELLING HOUSE
6 MAROOTA WAY, BEECROFT

Development Application No:	DA/812/2010
Description of Proposal:	Erection of a Dwelling-house
Property Description:	Lot 8, DP 270639, No. 6 Maroota Way, Beecroft
Applicant:	Vigor Master P/L
Owner:	Mr Zhen Xi
Statutory Provisions:	Hornsby Shire Local Environmental Plan, 1994 Special Uses A (Community Purposes)
Estimated Value:	$380,000
Ward:	C

RECOMMENDATION

EXECUTIVE SUMMARY

1. The application seeks development consent for the erection of a two storey dwelling-house.

2. The proposal generally complies with the requirements of the Hornsby Shire Local Environmental Plan 1994 (HSLEP) and Council’s Development Control Plans applicable to the development.

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

4. It is recommended that the application be approved.

HISTORY OF THE SITE

The site was formerly part of the grounds of the Mount St Benedict’s Convent. The site was surplus to the School’s needs and the current allotment was created as part of a multi-lot subdivision in December 2003 under DA/2457/2002.

Council approved DA/34/2010 on 2 June 2010 for the erection of a dwelling-house and a swimming pool on the subject site.

Council refused DA/986/2010 on 5 November, 2010 for a two lot subdivision of the subject site on the grounds that the proposed development did not comply with the requirements of the Subdivision DCP and its impact on existing vegetation.

The subject application proposes a smaller dwelling-house of more simple design and deleting the swimming pool that formed part of the previous application.

THE SITE

The vacant 1,403m² site is located on the southern side of Maroota Way, Beecroft. The site has a 15% fall to the rear and is burdened by an easement to drain water and a riparian zone in the rear, eastern corner.

A Sydney Blue Gum (Eucalyptus saligna) stands in the front yard area, which is a significant tree. This tree would be retained under the proposed development.

The allotment sits within an eight allotment residential estate. To the south and west of the site is established residential development, which comprises the northern area of Beecroft.

The site is located in the Beecroft/Cheltenham Heritage Conservation Area, and is in the vicinity of a heritage listed items, namely the buildings and grounds of Mount St Benedict’s Convent and the Hull Road - Road Reserve (“Street trees”).

Council’s records indicate that a portion of the site has been subject to significant amounts of uncontrolled fill. As a consequence, a geotechnical report outlining the design of any foundation for future development on the site has been submitted with the application.

THE PROPOSAL

The application proposes the construction of a two storey dwelling-house incorporating a double garage, living room, dining room, kitchen, meal room, family room, bathroom, laundry and balcony and pergola on the ground floor. The lower ground floor level would incorporate three bedrooms, two ensuite, a bathroom and a study/sitting room.

Following Council’s preliminary assessment of the application, amended architectural plans were submitted to address concerns raised regarding the height and appearance of the proposal and its impact on a significant tree located at the front of the property. An amended landscape plan was also submitted indicating the location of the riparian zone in the rear, south-east corner of the site. This zone is to be managed as part of the existing 88b and 88e instrument provided on the title, based on a condition of consent for the original, eight lot subdivision.

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 Special Uses A (Community Purposes) under Hornsby Shire Local Environmental Plan 1994 (HSLEP). The objectives of the zone zone are:

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

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

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

The proposed development is defined as a “dwelling-house” under the HSLEP and is permissible in the zone with Council’s consent. The Special Uses A (Community Purposes) zone for this site has been retained following the subdivision of surplus land formerly owned by the Mount St Benedict’s Convent.

In respect to the impending Standard Local Environmental Plan, (which is intended to be a “translation” environmental planning instrument) the Special Uses A zone will change to a R2 - Low Density Residential zoning. In this regard, the proposal has been assessed in terms of the surrounding Residential AS (Low Density-Sensitive Lands) zone.

The objectives of the Residential AS zone are:

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

(b) to promote a variety of housing types and other land uses compatible with a low density residential environment and sensitive to the land capability and established character of this environment.

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

Clause 15 of the HSLEP prescribes the maximum floor space ratio (FSR) requirements for development within the Residential, Business and Industrial zones. As the subject site is zoned Special Uses A, the FSR development standard is not applicable. Notwithstanding, consideration has been given to the FSR controls on the adjoining Residential AS zone which prescribes a maximum FSR of 0.4:1. The development has an FSR of 0.2:1, which complies with the standard.

Clause 18 of the HSLEP sets out heritage conservation provisions within Hornsby Shire. The site is located within the Beecroft/Cheltenham Heritage Conservation Area, is in the vicinity of property No. 449D Pennant Hills Road, Pennant Hills, (Mount St Benedict’s Convent and Grounds) and the Hull Road - Road Reserve (“Street trees”) which are listed as heritage items of local significance, under the provisions of Schedule D (Heritage Items) of the HSLEP.

It is considered that the heritage value of the Hull Road streetscape would not be impacted upon and that the proposal is consistent with the evolving development in the locality. The development would not have any detrimental impacts on the surrounding heritage conservation area or the nearby heritage listed items.

2.2 Dwelling House Development Control Plan

Pursuant to Section 79C(1)(a)(iii) of the Act, the proposed development has been assessed having regard to the relevant performance and prescriptive design requirements of Council’s Dwelling House DCP. The following table sets out the proposal’s compliance with the prescriptive measures of the Plan:

Dwelling House Development Control Plan
Control	Proposal	Requirement	Compliance
FSR	0.20:1	0.40:1	Yes
Site coverage	30%	40%	Yes
Height	7.35m	<9m	Yes
Car parking	2 spaces	2 spaces	Yes
Length of Building	15.6m	24m	Yes
Unbroken Wall length	14.6m	10m	No
Private Open Space	300m²	120m²	Yes
Landscaping	65%	45%	Yes
Setbacks - Front - Side (east) - Side (west) - Rear	7m 2.5m 1m 16.4m	6 m 1 m 3 m 3 m	Yes Yes Yes Yes

Following an assessment of the proposal against Council’s Dwelling House Development Control Plan, the following matters require further assessment:

2.2.1 Design

The Dwelling House Development Control Plan seeks to avoid symmetrical and monotonous design by restricting the unbroken wall length to 10m. In this instance, there is sufficient articulation incorporated in the design through the inclusion of windows and doorway openings to comply with this guideline.

The “stepped” design is also sympathetic to the slope of the site, is in keeping with development in the surrounding area and proposes an accessible and pleasing nexus between the active-use rooms at the rear of the dwelling-house and the private open space in the rear yard.

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

2.2.2 Privacy

Whilst the slope of the site towards the rear boundary and the proposed active use family room and balcony within the southern elevation may allow overlooking of the adjacent property, Lot 7 Maroota Way, that section of the allotment has been set aside for protection and maintenance as bushland.

The 16m setback of the balcony from the rear boundary would ensure that there would be minimum privacy impacts on the premises in Spring Street.

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

2.2.3 Heritage

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

As detailed in Section 2.1 of this report, it is considered that the development would not have any adverse impact upon the value of nearby heritage items.

2.2.4 Height/Visual Impacts

The proposed development would have a maximum height of 7.35m which complies with the 9m prescriptive measure of the Height element of the DCP. The contemporary design and 16m setback from the respondent’s property would ensure that the development has acceptable visual impacts.

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

2.2.5 Solar Access

The north/south orientation of the site and the diagrams submitted confirm that the shadows cast would fall for the most part, over the rear yard area of the subject site on 22 June (the winter solstice) and would not overshadow neighbouring properties.

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

3. ENVIRONMENTAL IMPACTS

3.1 Natural Environment

The development proposes a 4m setback of the driveway and dwelling-house from the significant Sydney Blue Gum (Eucalyptus saligna) located at the front of the property. This tree forms part of a remnant Blue Gum High Forest (BGHF) Critically Endangered Ecological Community listed under the Threatened Species Conservation Act, 1995.

An environmental assessment from a bushland and biodiversity perspective concludes that this tree would not be detrimentally impacted by the development and would not be grounds to reject the application.

The site also contains a riparian zone, which encumbers the south-east corner of the allotment. The development is sited clear of this zone. A landscape plan has been submitted which recognises the environmental qualities of the riparian zone and the requirements of the conditions of consent for the original, eight lot subdivision of the land. Appropriate conditions requiring the ongoing management of the riparian zone have been included in the recommendations of this report.

3.2 Built Environment

The proposed dwelling-house would not be out of character with the evolving form of residential development approved elsewhere in the subdivision 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 site is burdened by a restriction-to-user which requires a structural engineer to detail the method of foundation design, associated works and the development’s suitability in relation to the imported fill that has been placed on the site.

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 a dwelling-house. There are no natural or built hazards preventing the construction of a dwelling-house with the exception of the riparian zone in which the proposal does not encroach upon. 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 plans submitted were notified to adjoining and nearby landowners between 14 July 2010 and 28 July 2010 in accordance with Council’s Notification and Exhibition DCP. During this period, Council received one submission.

The map below illustrates the location of those nearby landowners who were notified and the location of the landowner who made the submission.

NOTIFICATION PLAN

• PROPERTIES NOTIFIED

X SUBMISSIONS

RECEIVED

PROPERTY SUBJECT OF DEVELOPMENT

One submission objected to the development generally on the grounds of concerns relating to the height, appearance and solar access associated with the development. The merits of the matters raised in the submission have been addressed in the body of this report.

6. THE PUBLIC INTEREST

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

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

CONCLUSION

The application proposes the erection of a two storey dwelling-house in a style that would be in keeping with evolving development in the residential estate to which the site is located.

The development generally meets Council’s planning controls and is satisfactory having regard to the matters for consideration pursuant to Section 79C of the Environmental Planning and Assessment Act, 1979.

Council received one submission during the public notification period. Conditions have been recommended to minimise disruption to residential amenity and address matters raised in the community submission.

Having regard to the circumstances of the case, approval of the application is recommended.

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

Simon Evans

Manager - Assessment Team 1

Planning Division

Scott Phillips

Executive Manager

Planning Division

1.View	Locality Plan
2.View	Site Plan
3.View	Ground Floor Plan
4.View	Lower Floor Plan
5.View	North Elevation
6.View	South Elevation
7.View	West Elevation
8.View	East Elevation
9.View	Section View
10.View	Shadow Diagrams
11.View	Landscape Plan
12.View	Stormwater Drainage Plan

File Reference: DA/812/2010

Document Number: D01521815

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*
DA68-8A 101-2:Issue C, 103 and 105 to 107:Issue B	Vigor Master Pty Ltd	Dec., 2010 for Issue B; Feb., 2011 for Issue C
DA68-8A 201: Issue C, 202: Issue B, 203: Issue C, 204: Issue B, 205: Issue C, 206 to 208: Issue B	Vigor Master Pty Ltd	Dec., 2010 for Issue B; Feb., for Issue C
Landscape Concept Plan LP-01	CALDESIGN landscape architects	09/02/11

REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

2. Building Code of Australia

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

3. Contract of Insurance (Residential Building Work)

4. 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.

5. Sydney Water – Quick Check

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

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

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 is being carried out, but must be removed when the work has been completed.

7. Toilet Facilities

Toilet facilities must be available or provided at the 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.

8. Tree Protection Barriers

To avoid injury or damage, tree number 1 Sydney Blue Gum (Eucalyptus saligna) located at the front of the property, must have its trunk protected by 2m lengths of 75mm x 25mm hardwood timbers spaced at 80mm secured with galvanised wire (not fixed or nailed to the tree in any way).

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 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.

11. Council Property

12. Disturbance of Existing Site

13. 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 6m 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.

14. Bushland Protection during Construction

To protect the adjacent bushland during construction, the applicant must ensure that all machinery is cleaned of soil and debris before entering the site to prevent the spread of weeds and fungal pathogens.

Note: The site contains a Blue Gum High Forest tree which is listed as an ‘Endangered Ecological Community’ under the ‘Threatened Species Conservation Act, 1995’. The Act prohibits the disturbance to threatened species, endangered populations and endangered ecological communities, or their habitat, without the approval of the ‘Department of Environment and Climate Change’ where such activities are not authorised by a development consent under the ‘Environmental Planning and Assessment Act, 1979’.

Actions such as tree removal, understorey slashing or mowing, removal of dead trees within this vegetation would likely impact upon this endangered ecological community. Such action would qualify as illegally picking or disturbing the habitat and could render any person who carried out such action as liable to prosecution.

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.

15. Fulfilment of BASIX Commitments

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

16. On Site Stormwater Detention

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

a. Have a capacity of not less than 5 cubic metres, and a maximum discharge (when full) of 8 litres per second;

b. Have a surcharge/inspection grate located directly above the outlet, to permit inspection by the prescribed authority at any time; and

17. Stormwater Drainage

The stormwater drainage system for the development must be designed and constructed for an average recurrence interval of 20 years and be gravity drained from the on-site detention tank overflow and be connected to an existing inter-allotment drainage system on the western side of the allotment, draining to the Hull Road - Council-controlled drainage system.

18. 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 are to be obtained from Council;

b. The driveway is to be a rigid pavement;

c. The driveway grade must not exceed 25 percent and changes in the grade must not exceed 8 percent; and

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

19. 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.

20. Retaining Walls

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

21. Maintain Canopy Cover

To maintain canopy cover, 4 medium to large trees selected from Council’s booklet ‘Indigenous Plants for the Bushland Shire’ are to be planted on the subject site. The planning location shall not be within 4m of the foundation walls of a dwelling-house. The pot size is to be a minimum 25 litres and the trees must be maintained until they reach the height of 3m. Trees must be native to Hornsby Shire and reach a mature height greater than 10m.

OPERATIONAL CONDITIONS

22. Creation of Easements

The following matters must be addressed in accordance with the approved subdivision under s88B of the Conveyancing Act, 1919:

a. The creation of an appropriate "Positive Covenant" and "Restriction as to User" over the constructed on-site detention/retention system in favour of Hornsby Council in accordance with Council’s prescribed wording. The position of the on-site detention system is to be clearly indicated on the title; and

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

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

23. Riparian Zone Management

The riparian zone must remain undisturbed and be maintained in accordance with the Landscape and Vegetation Management Plan prepared by Landscape Architects International Pty Ltd (Designer Ted Webster) dated 18.07.05 (Issue D/Final) Job Ref 05-21CC, as required under condition No. 55 of DA/2457/2002 for the subdivision.

The landscaping on the remainder of the site must be maintained in perpetuity in accordance with the Landscape Plan No. LP-01 prepared by Caldesign landscape architects dated 09/02/11.

- 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

To ensure the maintenance and protection of the existing natural environment, it is an offence to ringbark, cut down, top, lop, remove, wilfully injure or destroy a tree outside 3m of the approved building envelope without 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 Australian Standard AS 4970-2009 “Protection of trees on Development Sites”.

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

Dial Before You Dig

Planning Report No. PLN12/11

Date of Meeting: 2/03/2011

7 DEVELOPMENT APPLICATION - ALTERATIONS AND ADDITIONS TO AN EXISTING HOTEL
344 - 352 PENNANT HILLS ROAD PENNANT HILLS

Development Application No:	DA/529/2010
Description of Proposal:	Alterations and Additions to Existing Hotel (Pennant Hills Inn)
Property Description:	Lot 39 and Lots 13 - 17 DP 262566 (Nos 344-352) Pennant Hills Road, Pennant Hills.
Applicant:	Realize Architecture Pty Ltd
Owner:	Lesday Pty Ltd
Statutory Provisions:	Hornsby Shire Local Environmental Plan 1994 Business A (General) Zone
Estimated Value:	$2,682,000
Ward:	C

RECOMMENDATION

EXECUTIVE SUMMARY

1. The application proposes alterations and additions to an existing hotel (Pennant Hills Inn).

2. The proposal complies with Hornsby Shire Local Environmental Plan, the Car Parking Development Control Plan, the Heritage Development Control Plan and the Access and Mobility Development Control Plan. The proposal complies with the Pennant Hills Commercial Centre Development Control Plan other than the required 5m front setback development standard which is acceptable with regard to the existing building.

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

5. It is recommended that the application be approved.

THE SITE

The site has an area of 6,455m²and forms a triangular shaped area of land bounded by Pennant Hills Road and Railway Street and is located opposite Pennant Hills Railway Station. The site includes the Pennant Hills Inn which occupies the street corner and is built to the street alignment. A large open car park is located at the rear northern side of the hotel. The site also includes a free standing drive-thru bottle-shop fronting Pennant Hills Road and a commercial building at the rear of the site used as a craft store which has frontage to the car park.

The current operating hours of the hotel are from 10am to 3am Monday to Saturday and 10am to 10pm on Sunday. The hotel includes an existing entertainment venue ‘Patricks Night Club’ which has a floor area of 414.1m².

Railway Street on the western side of the hotel includes a bus-rail interchange with bus shelters along each side of the street. The street ends in a cul-de-sac and provides access to adjacent commercial development fronting Pennant Hills Road north of the site. The bus-rail interchange includes pedestrian access to the railway station with a bridge over connection to the Pennant Hills shops on Yarrara Road on the western side of the station.

The site comprises six lots. The hotel and bottle shop are sited on Lot 39 DP 262566 which has an area of 4,511m². The remaining lots (Lots 13-17 DP 262566) are long narrow lots with a combined area of 1,944m²which includes the hotel car parking area. The craft store building is sited on part of all six lots.

The site is within the Pennant Hills Commercial Centre. Surrounding land uses north and south of the site on Pennant Hills Road includes light industrial, motor showrooms, service station and shop uses. The opposite corner of Pennant Hills Road and The Crescent south of the site includes a recently completed townhouse development within ‘The Crescent, Pennant Hills Heritage Conservation Area’. Pennant Hills Park and sporting facilities are located 500m east of the site.

Pennant Hills Road is a major highway linking the F3, M2 and F7 motorways and is the main arterial connection between Parramatta, Hornsby, Newcastle and the Central Coast. The average daily traffic on the road at Pennant Hills is over 60,000 vehicles.

THE PROPOSAL

The proposal involves alterations and additions in the refurbishment of the existing hotel to provide a more family oriented establishment. The proposal includes the following:

· Removal of the existing night club and reduction in the public bar area.

· Alterations for a large commercial kitchen, bistro, lounge bar, lounge, party room, TAB, toilet facilities and office.

· A family oriented bistro dining area, kids play area and outdoor terraced areas.

· Smokers terrace area.

· Upgrading existing car park.

The additions mainly involve extensions to the rear of the hotel into the car park. The additions increase the internal floor area from 916.6m² to 982.2m² and the external public floor area from 90m² to 293.1m².

The proposed additions involve the loss of 11 car parking spaces within the existing car park and diversion of the existing driveway off Railway Street. A total of 94 car parking spaces are proposed.

The alterations and additions include upgrading external finishes to integrate the existing building with the new additions in a more contemporary style. The alterations include demolition of the existing roof over the rear part of the building, replacement with a new roof together with a series of skillion roofs over the terrace areas.

The submitted plans include indicative signage which would be subject to a further development application.

The proposal does not include any change to the existing drive-thru bottle shop or to the existing craft store at the rear of the site. There are no changes proposed to the current operating hours of the hotel or the current number of staff (18).

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 Business A (General) under the Hornsby Shire Local Environmental Plan 1994 (HSLEP). The objectives of the zone are:

(a) to encourage economic growth and employment opportunities.

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

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

The proposed development is defined as ‘hotel’ 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 Business A zone is 1:1. The proposed development complies with this requirement.

Clause 15(2) of the HSLEP applies to the site and allows a floor space ratio variation to 1.5:1 subject to provision of public car parking. A floor space ratio variation is not proposed.

Clause 18 of the HSLEP sets out heritage conservation provisions within the Hornsby Shire area. The site is not identified as an item of environmental heritage. The site is in the vicinity of ‘The Crescent, Pennant Hills’ Heritage Conservation Area. The submitted Statement of Environmental Effects includes a heritage assessment. Refer to discussion in Section 2.5.

2.2 State Environmental Planning Policy, Sydney REP 20 – Hawkesbury Nepean River

This Policy provides general planning considerations and strategies requiring Council to consider the impacts of the proposal on water and scenic quality, aquaculture, recreation and tourism. The proposed development would have minimal potential to impact on the water quality of the catchment, subject to the implementation of sediment and erosion control measures.

2.3 State Environmental Planning Policy (Infrastructure) 2007

The Policy includes provision for concurrence to be obtained from the RTA for development on classified roads involving residential subdivision, strata subdivision or development involving a capital investment value greater than $150,000.

The RTA concurrence requirements for the proposed development are addressed by the amended plans and recommended conditions. Refer to discussion in Section 3.2 and Section 5.2.2.

2.4 Smoke-free Environment Regulation 2007

The proposed smokers terrace (35.7m²) at the western elevation complies with the requirements of the Regulation in respect to being sufficiently open to the outdoors.

2.5 Pennant Hills Commercial Centre Development Control Plan

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

Pennant Hills Commercial Centre Development Control Plan
Control	Proposal	Requirement	Compliance
Existing Floor Area	Hotel – 3,647.4m² Bottleshop – 296m² Craft Shop – 502m²	N/A	N/A
Proposed Floor Area	Hotel – 3,713m² Bottleshop – 296m² Craft Shop – 502m²	N/A	N/A
Floor Space Ratio	0.70:1	1:1	Yes
Setbacks	0m	5m	No
Height	2 storey	2 storey	Yes

As detailed in the above table, the proposed development does not comply with the prescriptive front setback standard within Council’s Pennant Hills DCP. The matter of non-compliance is detailed below as well as a brief discussion on compliance with relevant performance standards.

2.5.1 Density

The proposed alterations and additions increase the existing gross floor area by 65.6m².

The proposed licensed external courtyard area has an area of 230m² and is not included in gross floor area but increases the hotel use of the site and forms part of the assessment for car parking demand.

The proposed floor space ratio complies with the density performance criteria.

2.5.2 Setbacks

The existing and proposed nil setback to Pennant Hills Road does not comply with the 5m setback requirement detailed on the setbacks diagram within the Setbacks Element of the Pennant Hills DCP.

The proposed setback maintains the existing building alignment and is considered acceptable for the proposal given the extent of the frontage (157.6m) and that the hotel site is the predominant feature in the existing streetscape.

2.5.3 Height

The proposal does not alter the existing height of the building.

2.5.4 Building Design

The proposed alterations and additions promote bistro use as the focus for the hotel operation with the proposed north facing outdoor terrace areas, bistro and refurbished bar areas comprising approximately 60% of the hotel’s licensed area.

The proposed outdoor terrace areas are partially enclosed, screening the terrace areas from the car park and the public domain. Skillion roofs are proposed over the outdoor terraces. The additions are integrated with the proposed hotel refurbishment and external finishes and form a more contemporary style building. The proposed outdoor area would have a northerly aspect and overlook the car park and surrounding area. The main point of access to the hotel from the car park is incorporated in the proposed new entry to the hotel.

The proposed alterations include a kids play and infants area observable from the bistro area.

The proposed alterations include a smokers terrace off the public bar at the western elevation adjacent to the existing bus shelters, which would interface with the public domain. The proposed smokers terrace is consistent with the existing smokers area at the rear of the hotel adjacent to Railway Street and the bus/rail interchange.

The proposed design, materials and finishes meet the building design performance criteria to reinforce the existing character of the Pennant Hills Commercial Centre.

2.5.5 Landscaping

The site is extensively paved and devoid of landscaping. The proposal involves the removal of four existing Cocus Palms Syagrus romanzoffianum within a planter at the Pennant Hills Road frontage and a Eucalyptus nicholli and Melaleuca from within the car park, none of which are identified as significant.

The proposal includes landscaping and planter beds to complement the development which is considered satisfactory in respect to the Pennant Hills DCP landscaping performance criteria.

2.5.6 Acoustics

The applicant submitted a Noise Impact Assessment prepared by RSA Acoustics for the operation of the proposed outdoor terrace areas and bistro on the northern side of the hotel with regard to nearby sensitive land uses. The assessment determined a predicted increase in noise level at residential property located 160m north of the site fronting Yarrara Road. The prediction is based on one person per m²floor area with 50% talking loudly, as a worst case scenario.

The acoustic consultants recommended noise control measures including restriction for the use of the outdoor terraces and use of glazing and construction materials to minimise noise impacts. Subject to recommended conditions the proposed development is considered satisfactory in respect to acoustics.

2.5.7 Crime Prevention

The application includes a Management Plan which addresses the following issues:

· Patron Access.

· Noise Control.

· Neighbourhood Amenity.

· Security Staff and Security Facilities.

· Staff Performance Standards.

· Responsible Service of Alcohol.

· Responsible Conduct of Gambling.

· Graffiti Control.

The application was referred to NSW Police in accordance with Council protocol to facilitate the incorporation of Crime Prevention through Environmental Design (CPTED) principles. The NSW Police advised the proposed change in hotel operation to focus on bistro use was considered positive and recommended conditions for upgraded surveillance technology to improve policing of the hotel.

Subject to recommended conditions the proposed development is considered satisfactory in respect to crime prevention.

2.6 Car Parking Development Control Plan

The proposed development has been assessed having regard to the relevant performance and prescriptive design standards within Council’s Car Parking Development Control Plan (Car Parking DCP). The Car Parking DCP states that parking demand for hotels is to be based on a parking study.

The existing car park is relatively large for the hotel. The car park also provides car parking and access for the existing craft store. The proposed alterations and additions reduce the number of on-site car parking spaces from 105 to 94 and would increase traffic by an additional 15 vehicles per hour.

The application includes a Traffic Impact Assessment Report prepared by Traffix which included a parking survey carried out on Friday 26 March 2010 between 4pm and 10pm. The maximum parking demand was at 4pm with 15 spaces associated with the hotel and 54 with the craft store and commuter parking. Peak patronage at the hotel occurred at 7pm with 86 patrons. Peak parking demand, taking the proposed development into account, is 73 spaces at 4pm. Peak hotel patronage is estimated to be 111 persons at 7pm. At this time generally all car parking spaces would be available for the hotel with the equivalent car parking provision of 1 space per 1.18 patrons. It is considered the proposal would not reduce available on-street car parking in the locality.

Council’s traffic and road safety assessment concludes the proposed 94 car parking spaces are adequate for the proposal. The proposed upgrading of the car park would maintain access and parking for the existing craft store. Refer also to discussion in Section 3.2.

2.7 Heritage Development Control Plan

The site is in the vicinity of ‘The Crescent Pennant Hills Heritage Conservation Area’. The proposed alterations and additions to the existing hotel would not detract from the significance of the heritage conservation area.

2.8 Access and Mobility Development Control Plan

The applicant submitted an access report prepared by Accessibility Solutions. The report determined the proposal is satisfactory in respect to AS1428.1, AS1428.4, AS2890.6, Parts D3 and F2.4 of the Building Code of Australia and Council’s Access and Mobility Development Control Plan.

In subsequent amendment to the proposal to address RTA requirements, the proposed relocation of two disabled car parking spaces is considered acceptable.

2.9 Section 94 Development Contributions Plan 2007-2011

The proposed alterations and additions increase the gross floor area of the hotel by 65.6m². It is considered the increase in floor space would increase demand for Council services and infrastructure and that the Contributions Plan is applicable to the proposal as commercial space with a rating of 1 worker per 30m² gross floor area. A condition of consent requiring a contribution has been included in Schedule 1.

3. ENVIRONMENTAL IMPACTS

3.1 Natural Environment

The site is substantially paved and devoid of remnant indigenous vegetation.

The proposed development would necessitate the removal of six trees from the site including 4 Cocus Palms (Syagrus romanzoffianum). None of the trees are identified as significant.

The planting of five indigenous canopy trees is recommended to compensate for the loss of trees on the site.

3.2 Built Environment

The proposed alterations and additions would upgrade the appearance of the hotel to a more contemporary standard and contribute to the built form of the Pennant Hills Commercial Centre.

The site has frontage to one of the busiest roads in Australia with average daily traffic volumes of more than 60,000 vehicles. The RTA concurrence requirements for the proposal involved amendments to hotel car park to prevent vehicle egress onto Pennant Hills Road and the deletion of a proposed cantilevered section of building over the driveway off Railway Street, for heavy vehicle access. The operation of the existing drive-thru bottle shop remains the same. The RTA requirements would improve traffic safety for the hotel site and Pennant Hills Road.

The proposal does not involve any works affecting the Railway Street bus/rail interchange. The proposed change in operation of the hotel car park would direct traffic onto Railway Street which is acceptable.

3.3 Social Impacts

The proposed alterations and additions to the hotel focus on family oriented bistro operation and outdoor hotel areas. The proposal does not involve any increase in the existing hotel gaming area. The gaming area would not be visible from the proposed bistro and lounge areas. The existing hotel operating hours would remain unchanged.

The applicant submitted a Plan of Management which addresses ‘Responsible Service of Alcohol’ and ‘Responsible Conduct of Gambling’ and establishes a regime for conduct of the hotel operation.

It is considered the proposed alterations and additions and Plan of Management are acceptable in minimising anti-social behaviour through alcohol abuse and problem gambling.

3.4 Economic Impacts

The proposed development would upgrade the existing hotel operation and contribute to the local economy.

4. SITE SUITABILITY

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

4.1 Traffic Safety

The existing hotel site is suitable for the proposed development subject to traffic safety on Pennant Hills Road being addressed as detailed in this report.

4.2 Lead Based Petrol

The site has been exposed to lead contamination from Pennant Hills Road and conditions are recommended for the implementation of Safe Lead Work Practices in the demolition of the existing tiled roof and for certification of the hotel refurbishment by an occupational hygienist.

5. PUBLIC PARTICIPATION

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

5.1 Community Consultation

The proposed development was placed on public exhibition and was notified to adjoining and nearby landowners between 22 June and 15 July 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 who made a submission who is in close proximity to the development site.

NOTIFICATION PLAN

• PROPERTIES NOTIFIED

X SUBMISSIONS

RECEIVED

PROPERTY SUBJECT OF DEVELOPMENT

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

· Patrons parking in Harold Avenue and The Crescent;

· Unacceptable noise and behaviour from patrons leaving the hotel.

The merits of the matters raised in community submissions are considered to be addressed in the recommended condition for operation of the hotel in accordance with the submitted Management Plan.

5.2 Public Agencies

5.2.1 NSW Police

The development application is subject to a protocol for the referral of certain types of applications to the NSW Police for comment in respect to Crime Prevention through Environmental Design (CPTED) principles.

The proposed change in focus of the hotel operation to bistro use is supported by NSW Police subject to conditions for implementation and operation of an upgraded CCTV security system.

5.2.2 Roads and Traffic Authority (RTA)

The proposed development involves works in Pennant Hills Road and requires the concurrence of the RTA.

The RTA concurrence requirements restrict vehicle egress onto Pennant Hills Road and direct traffic onto Railway Street. The existing drive-thru bottle shop operation would remain the same.

The applicant initially sought to maintain access onto Pennant Hills Road but amended the proposal in accordance with the RTA requirements. The amendments included the provision of a turning area within the car park, barriers preventing egress onto Pennant Hills Road, relocation of disabled car parking spaces to prevent queuing on Pennant Hills Road, widening of the existing vehicle crossing (car park/bottle-shop entry) on Pennant Hills Road and deletion of the proposed cantilevered addition over the driveway off Railway Street.

6. THE PUBLIC INTEREST

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

CONCLUSION

Consent is sought for alterations and additions to an existing hotel (Pennant Hills Inn).

The proposed alterations and additions remove the existing night club venue and upgrade the hotel to provide a family bistro centred operation. The proposed outdoor terrace areas off the hotel bistro would complement the proposed change in operation. The proposed upgrading would create a contemporary style building and contribute to the built form of the Pennant Hills Commercial Centre.

The proposal results in the loss of eleven car parking spaces which is acceptable with regard to the relatively large size of the hotel car park, the existing hotel patronage and the proposed increase in the licensed area of the hotel.

The concurrence requirements of the RTA restrict egress of vehicles onto Pennant Hills Road and direct vehicles onto Railway Street. The application has been amended in accordance with the RTA requirements.

The proposal complies with the requirements of Council’s development control plans other than the minimum 5m front setback requirement of the Pennant Hills Commercial Centre Development Control Plan. The non-compliance is acceptable with regard to the existing building and the streetscape.

The application is supported and recommended for approval subject to recommended conditions.

Rod Pickles

Manager - Assessment Team 2

Planning Division

Scott Phillips

Executive Manager

Planning Division

1.View	Locality Plan
2.View	Floor Plans
3.View	Elevations
4.View	Perspective Views
5.View	Management Plan

File Reference: DA/529/2010

Document Number: D01444311

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*
09.167.DA01.C Site Analysis and Roof Plans	Realize Architecture	09.02.11
09.167.DA02.C Lower Ground Floor Plan	Realize Architecture	09.02.11
09.167.DA03.D Ground Floor Plan	Realize Architecture	09.02.11
09.167.DA04.C First Floor Plan/Roof	Realize Architecture	09.02.11
09.167.DA05.D Elevations North	Realize Architecture	09.02.11

*Document No.*	*Prepared by*	*Dated*
D01425682 External Finishes Schedule	Realize Architecture	14.04.10
D01425679 Management Plan	Lesday Pty Ltd	Undated
D01504254 Access Report	Accessibility Solutions	24 Sept 2010
D01425676 Noise Impact Assessment	RSA Acoustics	April 2010
D01425681 Waste Management Plan	Realize Architecture	23.04.10

2. Removal of Existing Trees

This development consent only permits the removal of tree(s) numbered 1, 2, 3, 4, 5 and 6 as identified on the Detail & Level Survey Plan dated 19/02/10. 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

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

b. A report regarding Section J of the Building Code of Australia is to be submitted to the Principle Certifying Authority prior to the issue of a construction certificate.

4. 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. The building is to comply with Part C1.10, C2.9, C3.11, C3.12, Specification C1.1 and Specification C3.15 of the Building Code of Australia.

b. The building is to comply with Part D1.4, D1.6, D1.13, D2.8, D3.2, D3.3, D3.8 of the Building Code of Australia.

c. The building is to comply with Part E1.3, E1.4, E2.3, E4.2, E4.5 of the Building Code of Australia.

5. Sydney Water – Quick Check

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

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. 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.

8. 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

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. 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.

d. Demolition works must be implemented in accordance with safe lead work procedures in ‘Ceiling Dusts Containing Lead: Guidance Note’, issued by WorkCover NSW, refer to www.workcover.nsw.gov.au.

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. Environmental Management

14. 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.

15. 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.

16. Maintain Canopy Cover

To maintain canopy cover, five (5) medium to large trees selected from Council’s booklet ‘Indigenous Plants for the Bushland Shire’ are to be planted on the subject site. The planting location shall not be within 4 metres of the foundation walls of a building. 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.

17. Stormwater Drainage

The stormwater drainage system for the development must be designed and constructed and a construction Certificate issued for these works. The stormwater drainage system is to be designed 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.

18. Internal Driveway/Vehicular Areas

The driveway and parking areas on site must be designed, constructed and a Construction Certificate issued 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 for the Railway St crossing.

b. A gate is to be erected at the eastern end of the car park to prohibit vehicles exiting the site on to Pennant Hills Rd from the car park. Delivery vehicles for the bottle shop are exempted from this requirement.

c. Except for when delivery vehicles that are exiting the site on to Pennant Hills Rd the gates are to be shut at all times.

d. A “No Exit for Passenger Cars”, or similar, sign is to be erected at the gate to prohibit vehicles leaving the car park and exiting the site on to Pennant Hills Rd.

e. An “Entry Only’ sign is to be erected at the western access driveway on Pennant Hills Rd.

f. A “No Exit” sign is to be erected at the western access driveway on Pennant Hills Rd.

19. Vehicular Crossing

Prior to the issue of a Construction Certificate for these works a separate application under the Local Government Act, 1993 and the Roads Act, 1993 must be submitted to Council for the reconstruction of the vehicular crossing and driveway in Railway St and the widening of the western vehicular crossing in Pennant Hills Rd. The vehicular crossing must be constructed in accordance with Council’s Civil Works Design, 2005 and the following requirements:

a. The Railway St access crossing and driveway is to comply with AS 2890.2. The total width of the access crossing is to be 8m so as to allow a HRV vehicle to enter and exit the site.

b. The Pennant Hills Rd access is to comply with the requirements of the RTA and the written concurrence of the RTA is to be obtained prior to seeking approval from the Council under the Roads Act.

c. All driveways are to be suitably signposted.

d. Engineering design plans are to be submitted to Council for approval under the Roads Act

20. 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.

21. 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.

22. 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.

23. Completion of Landscaping

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

24. Occupational Hygienist

A report by a suitably qualified Occupational Hygienist must be prepared to certify the hotel refurbishment is clear of contamination.

25. s94 Infrastructure Contributions

The payment to Council of a contribution of $5,146.30* for 2.18 employees towards the cost of infrastructure identified in Council’s Development Contributions Plan 2007-2011.

Note: * The value of contribution is based on a rate of $2,360.68 per employee, derived from a rate of one employee per 30sqm commercial floor area and is current as at 14 February 2011. The contribution will be adjusted from this date in accordance with the underlying consumer price index for subsequent financial quarters.

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

26. Food Premises

Note: Reference should also be made to the Food Safety Standards and the ‘Safe Food Australia - A guide to the Food Safety Standards 2nd Edition January 2001’.

27. Grease Trap & Dry Basket Arrestor Installation

28. Kitchen Exhaust Installation

A kitchen exhaust system must be designed and installed to effectively prevent air pollution in accordance with the Protection of the Environment Operations Act 1997.

OPERATIONAL CONDITIONS

29. Noise – Plant and Machinery

The level of total continuous noise emanating from operation of all the plant, including air conditioning units and processes in all buildings (LA10) (measured for at least 15 minutes) in or on the above premises, must not exceed the background level by more than 5dB(A) when measured at all property boundaries.

30. Hours of Operation

The hours of operation of the premises are:

Monday: 10am to 3am

Tuesday: 10am to 3am

Wednesday: 10am to 3am

Thursday: 10am to 3am

Friday: 10am to 3am

Saturday: 10am to 3am

Sunday: 10am to 10pm

31. Operation of Licensed Premises

The use of the premises must not give rise to any of the following:

a. Transmission of vibration to any place of different occupancy greater than specified in Australian Standard 2670 (as amended).

b. An indoor sound pressure level in any place of different occupancy (and/or public place) greater than 3dB above the L90 background level or greater than 5dB at the boundary of any affected property in any octave band from 31.5 Hz to 8,000 Hz centre frequencies inclusive between the hours of 8.00 a.m. to 10.00 p.m. daily and 0dB above the L90 background between 10.00 p.m. and 8.00 a.m. the following morning.

c. A sound level at any point on the boundary of the site greater than the background levels specified in Australian Standard 1055 – Acoustics – Description and Measurement of Environmental Noise.

d. The "emission of an offensive noise" specified under the Protection of the Environment (Operations) Act 1997.

Note: The method of measurement of vibration must be carried out in accordance with Australian Standard 2973 (as amended) for vibration measurements, Australian Standard 1055 (as amended) for outdoor sound level measurements, and Australian Standard 2107 (as amended) for indoor sound level measurements.

32. Acoustic Assessment

a. An acoustic assessment is to be undertaken by a suitably qualified environmental consultant within 60 days of occupying the site in accordance with the Environment NSW Industrial Noise Policy (2000), Council’s Policy and Guidelines for Noise and Vibration Generating Development (Acoustic Guidelines V.5, 2000) and the DECC’s Noise Guide for Local Government (2004). The assessment must be submitted to Council for review. Should the assessment find that noise from the premise exceeds 5dB(A) appropriate measures must be employed to rectify excessive noise.

b. The construction and operation of the proposed development must be carried out in accordance with the Noise Impact Assessment prepared by RSA Acoustics Acoustic Consultants dated April 2010, report number 4698.

33. Fire Safety Statement - Annual

CONDITIONS OF CONCURRENCE – NSW POLICE FORCE

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

34. Closed Circuit Television (CCTV)

a. The licensee shall install and maintain surveillance cameras and recorders to monitor and record all public areas of the licensed premises including every entrance and exit. The camera will also monitor the 50 metre vicinity of the hotel including, but not limited to, the footpath area in front of the licensed premises to at least 50 metres north east and 50 metres south west on Pennant Hills Road and 50 metres north west towards the railway line area and towards Railway Street. Recordings are to be made twenty four (24) hours a day seven (7) days a week, irrespective of opening and closing times.

b. As a minimum, CCTV cameras at entry and exit points to the premises must record footage of a nature and quality in which it can be used to identify a person recorded by the camera. All other cameras must record footage of a nature and quality in which it can be used to recognise a person recorded by the camera.

c. The time and date must automatically be recorded on all recordings made whilst it is recording. All recordings are to be kept for a minimum period of thirty (30) days before they can be reused or destroyed. Any recordings made are to be promptly delivered to police as soon as possible following request. Notwithstanding this requirement, should any footage exist, regardless of whether it falls within the thirty (30) day period, it must be supplied to police or other regulatory officers upon request.

d. If requested by police or any regulatory officer, the licensee is to archive any recording until such time as they are no longer required.

e. Recordings are to be made in a common media format such as Windows Media Player or similar, or should be accompanied by applicable viewing software to enable viewing on any windows computer.

f. The CCTV control system should be located within a secured area of the venue and only accessible by authorised personnel. In addition, at all times whilst the venue is open and trading, an authorised person MUST be on the premises with access to the system and ability to use the system and make copies of any recordings at the request of police or any other regulatory officer.

g. The CCTV system shall be maintained by a registered security surveillance company. If, at any time, the CCTV system is not in full operational condition, the licensee is to notify the Local Area Commander of police within one (1) hour of the fault being discovered.

h. If the CCTV system is not operational, immediate steps are to be taken by the licensee to ensure that it is returned to a fully operational condition as soon as possible.

i. A colour monitor, at least 30cm screen size, is to be situated at the main entrance to the venue so that patrons entering are able to clearly view they are being recorded by cameras.

j. Signs are to be displayed, throughout the premises notifying patrons that a CCTV system is recording throughout the premises.

CONDITIONS OF CONCURRENCE – NSW ROADS AND TRAFFIC AUTHORITY

35. Traffic and Road Safety

a. A physical barrier is to be installed between the car park and the bottle shop driveway on the eastern side of the site to restrict vehicles from the car park to exit on Pennant Hills Road. Service vehicles are exempt from this condition. (Therefore limiting the use of the eastern driveway for the bottle shop and service vehicles only)

b. The developer shall be responsible for all public utility adjustment/relocation works, associated with this development and as required by the various public utility authorities and/or their agents.

c. The required sight lines to pedestrians or other vehicles in or around the car park or entrances should not be compromised by landscaping, signage, fencing or display materials in accordance with AS2890.1-2004. Measures should be implemented to improve visibility to pedestrians and other vehicles where sight distance is restricted.

d. The design and construction of the western/entry driveway on Pennant Hills Road shall be in accordance with AS2890.1-2004 and the RTA’s requirement.

Any redundant driveway must be removed and replaced with kerb & gutter to match the existing. The proposed kerb and gutter must also be designed and constructed to RTA requirements.

Details of further requirements of the proposed driveway and kerb and gutter can be obtained from the RTA’s Project Services Manager, Traffic Projects Section, Parramatta (ph: 02 8849 2144).

A certified copy of the design plans shall be submitted to the RTA for consideration and approval prior to the release of any new construction certificate(s) for the development by Council or commencement of any works.

The RTA fees for administration, plan checking, civil works inspections and project management must be paid by the developer prior to the commencement of the works.

e. An ‘Entry Only’ signage shall be installed on the western/entry Pennant Hills Road driveway to Council’s satisfaction.

f. All vehicles are to enter and exit the site in a forward direction.

g. All demolition and construction vehicles and activities should be contained wholly within the site as a work zone permit will not be approved on Pennant Hills Road.

h. Should there be changes to the RTA’s drainage system then detailed plans and hydraulic calculations of the stormwater drainage system are to be submitted to the RTA for approval, prior to the commencement of any works.

Details should be forwarded to:

The Sydney Asset Management

Roads and Traffic Authority

PO Box 973

Parramatta CBD 2124

A plan checking fee will be payable and a performance bond may be required before the RTA’s approval is issued. With regard to the Civil Works requirement please contact the RTA’s Project Engineer, External Works Ph: 8849 2114 or Fax: 8849 2766.

i. The layout of the proposed car parking areas and loading areas associated with the subject development (including driveways, grades, turn paths, sight distance requirements, aisle widths, aisle lengths, parking bay dimensions and loading bay dimensions) should be in accordance with AS 2890.1 – 2004 and AS2890.2 – 2002.

j. All car parking shall be accommodated on site. To enforce this requirement, full time ‘No Stopping’ restrictions shall be installed along the entire Pennant Hills Road property frontage. This restriction should be implemented prior to the commencement of any construction works relating to the proposed development. Prior to the installation of the parking restrictions the applicant is to contact the RTA’s Traffic Management Services on phone: (02) 8849 2928 for a ‘works instruction’.

k. All costs associated with the proposed development shall be at no cost to the RTA.

- END OF CONDITIONS -

ADVISORY NOTES

Environmental Planning and Assessment Act, 1979 Requirements

· The Environmental Planning and Assessment Act, 1979 requires:

· A 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

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.

All distances are determined under Australian Standard AS4970-2009 "Protection of Trees on Development Sites”.

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

Disability Discrimination Act

Advertising Signage – Separate DA Required

Dial Before You Dig

Asbestos Warning

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

Food Authority Notification

The NSW Food Authority requires businesses to electronically notify the Authority prior to the commencement of its operation.

Note: NSW Food Authority can be contacted at www.foodnotify.nsw.gov.au.

Council Notification – Food Premises

Note: Council’s Environmental Health Officer can be contacted on 02 9847 6745.

Standard Report No. PLN22/11

Planning Division

Date of Meeting: 2/03/2011

8 STRATEGIC PLANNING PROGRAMME REVIEW - 2011

EXECUTIVE SUMMARY

At its meeting on 3 March 2010, Council adopted the current Strategic Planning Programme. The majority of projects scheduled to be completed under the Programme by December 2010 have been completed, or are nearing completion.

An annual review of the Programme is required to ensure it is consistent with Council’s strategic planning priorities. An amended Strategic Planning Programme is attached for Council’s consideration.

PURPOSE

The purpose of this report is to review the Strategic Planning Programme and seek endorsement of a revised Programme for 2011.

BACKGROUND

The Town Planning Services Branch within the Planning Division of Council is responsible for strategic town planning initiatives in accordance with the Strategic Planning Programme. The Programme is adopted by Council and sets out the major projects of the Branch.

At its meeting on 3 March 2010, Council considered Executive Manager’s Report No. PLN11/10 on the Strategic Planning Programme and resolved that the current Programme be adopted. A summary of the projects under the Programme is attached (Attachment A).

This report enables Council to determine the priorities for strategic planning over the current Council term. The Programme is reviewed annually to enable Council to reconsider priorities as issues evolve and to provide Council with an update on the achievements over the preceding year.

DISCUSSION

The remainder of this report considers the current Strategic Planning Programme, other projects and a revised Programme.

2010 Strategic Planning Programme

The current Strategic Planning Programme is divided into the following sections:

Planning Proposals: Two Planning Proposals (addressing four planning issues) were identified for completion in 2010. The preparation of a Comprehensive LEP for Hornsby Shire is also identified to be progressed in 2011.

Development Control Plans: One DCP project was identified for completion in 2010. The preparation of a Comprehensive DCP for Hornsby Shire is also identified to be progressed in 2011.

Studies: Two studies were identified for completion in 2010.

Management Plan Projects: The Programme includes three Management Plan projects, none of which were identified for completion in 2010. The projects include progressing Hornsby Quarry legal actions and land filling proposal and consideration of revised planning controls for the Hornsby Town Centre west precinct.

Miscellaneous: The Programme includes three miscellaneous projects. These projects are annual projects, such as the Local Heritage Assistance Fund and Heritage Week which occurs in April of each year.

The following projects under the current Programme have been completed:

· Amendments Planning Proposal (2009) which:

- rezoned No. 218 Brooklyn Road, Brooklyn;

- implemented the recommendations of Heritage Review Stage 4; and

- implemented the recommendations of the Hornsby West Side Conservation Area Review.

· Kangaroo Point Planning Proposal;

· Heritage Schedule DCP Amendments; and

· Ku-ring-gai and Hornsby Subregional Employment Study.

The following projects are nearing completion:

· Housing Strategy Planning Proposal (awaiting gazettal);

· Townhouse Planning Proposal (awaiting gazettal); and

· Housing Strategy DCP (a report on the exhibition of the draft DCP is included on the Business Paper for the Council meeting on 2 March 2011).

The following projects have been adopted for exhibition or have been exhibited:

· Wahroonga North Planning Proposal (2009); and

· Kangaroo Point DCP Amendments.

The other projects are in various states of preparation, exhibition or finalisation as summarised in Attachment A.

Projects Outside the Strategic Planning Programme

The Town Planning Services Branch has also undertaken a number of projects outside the Strategic Planning Programme, including:

· Evaluating nominations for the vacant voluntary industry representative position on the Hornsby Shire Heritage Advisory Committee;

· Reporting on the State Government’s Metropolitan Strategy Review Discussion Paper;

· Evaluating the implications for Hornsby Shire of draft Comprehensive LEPs for Parramatta, Hawkesbury and Gosford;

· Reporting on the opportunities and constraints concerning the rezoning of the Kookaburra Road Industrial Precinct for residential uses;

· Evaluating options for conducting a program of events to promote heritage conservation and awareness in Hornsby Shire; and

· Presenting the findings of a review of the Wahroonga (North) Heritage Conservation Area Study.

The Branch has also assisted other Divisions in progressing projects, including:

· Developing a model to assess the impact of development on water quality - assist Environment Division;

· Kangaroo Point Tenders - assist Works Division; and

· Flood Prone Land Mapping - assist Works Division.

Other Projects

A number of other projects have arisen as a result of Council resolutions, Councillor Strategic Planning Workshops, consideration of development applications, State Government initiatives or recommendations of planning studies. These projects should be incorporated into the Strategic Planning Programme and include:

· Townhouse Planning Proposal;

· Housing Strategy DCP;

· Kangaroo Point DCP amendments;

· Sex services premises development controls review;

· Hawkesbury, Hills and Hornsby Tourism Development Study; and

· Bushfire Prone Land Map Review.

The timing of the above projects will be required to be determined having regard to the priority of other projects.

A review of the Pennant Hills Masterplan was considered by Council’s Employment and Economic Development Taskforce at its meeting on 12 May 2010. The Taskforce considered the priority of a Masterplan review in the context of the strategic direction under the State Government’s Metropolitan Strategy and draft North Subregional Plan. The Taskforce noted that progression of the Hornsby Shire Housing Strategy and Townhouse Planning Proposals will rezone lands to facilitate the provision of 2,600 dwellings to meet the State Government’s dwelling targets for the next 10 years. Furthermore, the Hornsby and Ku-ring-gai Subregional Employment Study concludes that there is sufficient existing capacity within Council’s employment lands to meet employment targets without the need to rezone additional lands.

The Taskforce acknowledged that although a review of the Masterplan may assist in addressing issues including traffic, parking and urban design, a strategic review of the Centre is not required in the short term in response to dwelling and employment targets under the Metropolitan Strategy. Accordingly, the Taskforce agreed that a review of the Masterplan should be considered for inclusion on the Strategic Planning Programme after 2011/2012.

Revised Strategic Planning Programme

A Revised Strategic Planning Programme has been prepared on the basis of this report and is attached for Council’s consideration (Attachment B).

The Programme aims to prioritise projects that facilitate the preparation and timely delivery of Council’s Comprehensive LEP and DCP in accordance with the State Government’s Planning Reforms. It is anticipated that these draft Plans will be exhibited in 2011. In addition to the translation of Council’s current planning controls into the Standard LEP Template format, the major projects being progressed include the Housing Strategy (including the Townhouse Planning Proposal) and Epping Town Centre Study. These projects are essential to ensure that Council meets its obligations under the Metropolitan Strategy and draft North Subregion Strategy. The major amendments to the current Programme include:

· Incorporating the progression of Planning Proposals for Townhouses, Kookaburra Road and Wahroonga North Heritage Conservation Area.

· Including the preparation of controls for sex service premises as part of the Comprehensive DCP.

· Including the progression of the Hawkesbury, Hills and Hornsby Regional Tourism Development Study. The Study is currently being progressed by consultants on behalf of the Councils to review and map existing tourism products within the region and identify potential business development and wealth creation opportunities that may lead to employment generation.

· Incorporating a review of Council’s Bush Fire Prone Land map which is required to be undertaken every 5 years.

The timeline for each project provides an estimate of the time required to complete the project. It is not possible, nor appropriate, to pre-empt the findings of any study and the likely implications prior to its preparation, nor can Council always accurately predict the level of community interest in a project. Accordingly, the Programme is dynamic as the timeline can be impacted upon by additional consultation, the project being expanded or competing priorities.

The finalisation of the Housing Strategy Planning Proposal has been delayed as a result of involvement by the DOP. At its meeting on 7 July 2010, Council resolved to forward the Planning Proposal to the Department for Gazettal. However, Council is still awaiting finalisation of the Proposal. At the request of the Department, the Epping Town Centre Planning Proposal has also been delayed to be progressed following finalisation of the findings and recommendations of the Epping Town Centre Study.

The Hornsby Town Centre controls review has been delayed to enable workshops. At a workshop on 22 September 2010, Councillors considered the aims, objectives and scope of any review and the likely intensity of development required to be permitted to encourage economically feasible development. At its meeting on 2 February 2011, Council resolved that a report be prepared presenting options for alternative planning controls that may facilitate a range of viable built forms including commercial, retail and residential development consistent with the Draft North Subregional Strategy. Furthermore, the preparation of a revised Local Development Contributions Plan has been deferred pending a submission by Council seeking a rate increase to fund asset improvements.

Should Council consider amending the priority of projects on the Programme, it should be mindful that a number of projects on the Programme (such as the Housing Strategy, Epping Town Centre Study and Comprehensive LEP and DCP) incorporate timeframes that are set by the State Government.

Town Planning Services Branch Resources

The Town Planning Services Branch comprises six Town Planners, a Cartographer, an administrative assistant and a Section 149 Certificate Coordinator. In addition to providing town planning services to Council, the Branch is also responsible for heritage conservation, production of 149 (zoning) certificates, cartography and some aspects of the geographic and land information systems.

As opportunities have arisen, staff from other branches within the Planning Division have been seconded into the Branch to increase the capacity of the Branch to fulfill its requirements under the Strategic Planning Programme.

FINANCIAL

The Strategic Planning Programme requires financial resources for staff in the Town Planning Services Branch and for consultancy fees. The recommended Programme has been designed in accordance with the typical Town Planning Services Branch budget allocation, including salaries and consultant expenditure. The Programme is considered in the preparation of Annual Operating Plans. The Programme does not commit to expenditure over that typically provided in the budget. The financial implications of the individual projects are also reviewed and reported to Council as a component of the project.

There has been no increase in the consultant budget for the Town Planning Services Branch for the current financial year. The Operating Plan for the Town Planning Services Branch also includes $125,000 in Planning Reform Funds which must be expended on consultancy fees to the Epping Town Centre Study. Under the terms and conditions of the Funds, these monies cannot be reallocated to progress alternative projects. Council has also resolved to commit $100,000 in the Town Planning Services Budget to fund the balance of monies required to progress the Study.

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.

CONCLUSION

Council at its meeting on 3 March 2010 adopted the current Strategic Planning Programme. The majority of projects scheduled to be completed under the Programme by December 2010 have been completed or are nearing completion.

An annual review of the Programme is required to ensure it is consistent with Council’s strategic planning priorities. An amended strategic planning Programme is attached for Council’s consideration.

RECOMMENDATION

THAT the 20011/2012 Strategic Planning Programme attached to Executive Manager’s Report No. PLN/11 be adopted.

James Farrington

Manager - Town Planning Services

Planning Division

Scott Phillips

Executive Manager

Planning Division

1.View	A - Summary of Projects
2.View	B - Proposed 2011-2012 Strategic Planning Programme

File Reference: F2004/10086

Document Number: D01599794

Standard Report No. PLN23/11

Planning Division

Date of Meeting: 2/03/2011

9 HOUSING STRATEGY DEVELOPMENT CONTROL PLAN - REPORT ON SUBMISSIONS

EXECUTIVE SUMMARY

At its meeting on 1 September 2010, Council resolved to exhibit the Housing Strategy Development Control Plan (DCP) and associated amendments to the Medium Density Multi-Unit Housing, Medium/High Density Multi-Unit Housing, High Density Multi-Unit Housing, Business Lands, and Berowra Cowan DCPs. The DCP and associated amendments were placed on public exhibition from 16 September 2010 to 15 October 2010. A total of 50 submissions were received, including 6 from public authorities. Thirty-six submissions object to the DCP or suggest amendments, 8 submissions indicate support or no objection and 6 make comment on the Housing Strategy which has already been adopted by Council.

A number of amendments have been made to the DCP and draft DCP amendments as a result of submissions. The review of submissions and preparation of amendments has been overseen by Councillors during two workshops, held on 10 November 2010 and 9 February 2011. Available Councillors and staff also met with interested stakeholders, namely the Beecroft Cheltenham Civic Trust, North of Hornsby Resident Action Group and residents of Chapman Avenue during the exhibition period.

Issues raised in submissions are addressed in this report. An amended Housing Strategy DCP and amendments to existing DCPs are attached. It is recommended that Council approve the DCP and amendments to DCPs to come into force after the gazettal of the Housing Strategy Planning Proposal.

PURPOSE

The purpose of this report is to review submissions received in response to the exhibition of the Housing Strategy DCP and amendments to Council’s existing Medium Density Multi-Unit Housing, Medium/High Density Multi-Unit Housing, High Density Multi-Unit Housing, Business Lands, and Berowra Cowan DCPs.

BACKGROUND

At its meeting on 1 September 2010, Council considered Executive Manager’s Report No. PLN57/10 concerning the Housing Strategy DCP. Council resolved that:

1. The draft Housing Strategy Development Control Plan attached to Executive Manager’s Report No. PLN57/10 be exhibited.

2. The draft amendments to the Medium Density Multi-Unit Housing Medium/High Density Multi-Unit Housing, High Density Multi-Unit Housing, Business Lands, and Berowra Cowan Development Control Plans be exhibited.

3. Following the exhibition, an informal workshop meeting be arranged to brief the Councillors, prior to a report being presented to Council.

4. The draft Housing Strategy Development Control Plan clearly reflects the need to maintain appropriate development controls to protect the amenity of residents in adjoining sensitive low density residential zones.

5. The draft Housing Strategy Development Control Plan clearly reflects an array of site design options drawn from the Residential Flat Design Code and SEPP 65, to achieve high quality design outcomes.

6. Council officers be available to meet with interested stakeholders within two weeks of the exhibition of the draft Housing Strategy Development Control Plan to discuss proposed design controls that will achieve development outcomes which are in keeping with the existing and future desired vision for each precinct.

In accordance with parts 1 and 2 of Council’s resolution, the Housing Strategy DCP and associated amendments to existing DCPs were placed on public exhibition from 16 September 2010 to 15 October 2010. This report reviews submissions received in response to the exhibition. In accordance with parts 3 and 6, workshops were held with Councillors and interested stakeholders and are discussed in this report under the heading ‘Consultation’. In accordance with parts 4 and 5, the amendments have been made to the DCP and are discussed in this report under the heading ‘Exhibition and review of submissions’.

DISCUSSION

This report discusses submissions received in response to the exhibition of the Housing Strategy DCP and associated amendments to relevant exiting DCPs.

Exhibition and review of submissions

The Housing Strategy DCP and associated DCP amendments were exhibited from 16 September 2010 to 15 October 2010. The exhibition included advertisements in local newspapers and on Council’s website, letters to community and industry groups, displays at the Council Administration Centre and all Council libraries, letters to statutory authorities and referrals to other Divisions of Council.

A total of 50 submissions have been received, including 6 from public authorities. Thirty-six submissions object to the DCP or suggest amendments, 8 submissions indicate support or no objection and 6 make comment on the Housing Strategy which has already been adopted by Council. Over 70% of submissions objecting to the DCP relate to Beecroft, including 17 form letters (or letters adapted from form letters) and one petition.

Key issues raised in submissions include vegetation and landscaping, setbacks, heritage impacts, impacts on surrounding sensitive low density residential zones, open space, pedestrian linkages, traffic, SEPP 65 controls, car parking, roof forms, site amalgamation, bushfire, waste management and DCP format. A summary of submissions is attached to this report. Major issues raised in submissions are addressed below.

Vegetation and Landscaping

A number of submissions object to the potential loss of vegetation and comment that existing endangered ecological communities (such as Blue Gum High Forest) should be retained. A submission from the Pennant Hills District Civic Trust comments that minimum length dimensions for deep soil areas should be specified. One submission comments that the controls to retain Blue Gum High Forest within the south western corner of the Balmoral Street, Waitara precinct would decrease development potential, and that the vegetation contains species introduced by landholders in the early 1980s such as fruit trees. The submission comments that retention of vegetation in the area would render at least one site isolated and unable to be redeveloped.

Comment: The DCP includes controls to protect and retain significant vegetation and endangered ecological communities. The key principles diagrams for each precinct identify prominent streetscape features or important bushland remnants (including Blue Gum High Forest) which should be retained. The DCP also requires deep soil landscaping surrounding residential flat buildings. It is acknowledged that the DCP would be improved by clarifying the minimum length dimensions for deep soil areas, namely 7m from front and rear boundaries and 4m from side boundaries.

The vegetation in the south western corner of the Balmoral Street, Waitara precinct has been identified by an environmental consultant as remnant Blue Gum High Forest. The consultant report has been peer reviewed by Council’s Environment Division which has concurred with the finding. The retention of endangered ecological communities is an important part of Council’s Housing Strategy. The key principles diagrams represent the key concepts that should be addressed as part of any future development. At Development Application stage, should an applicant demonstrate that the vegetation, or parts of the vegetation, is not an endangered ecological community, consideration would be given to its removal on a case by case basis. The controls within the DCP concerning isolated sites aim to ensure that sites are not left isolated and undevelopable.

Resolve: It is recommended that minimum length dimensions for deep soil areas should be inserted into a table in the Setbacks and Landscaping elements.

Setbacks

A number of submissions comment that setbacks should be increased. In particular, form letters relating to the Beecroft precinct comment that setbacks to Chapman Avenue should be increased to 20m. Other submissions comment that a minimum setback of 10m to heritage items should be specified, and object to the allowable setback encroachments and corner setbacks. A submission from the Beecroft Cheltenham Civic Trust requests that variations to setbacks be permitted where the variation assists the protection of heritage qualities.

One submission states that setbacks are not adequate to prevent overlooking and overshadowing. An alternative view is expressed by Housing NSW that, although the DCP is generally supported, proposed residential setbacks are excessive and will constrain achievable dwelling yields.

Comment: An urban design consultant was engaged to review the comments in submissions and setbacks to Chapman Avenue. The consultant recommends against a 20m setback for the following reasons:

· Pressure would be placed on the removal of Blue Gum High Forest at the rear of the sites;

· Larger building forms would be encouraged facing all street frontages, as the “buildable area” would be reduced and would no longer facilitate two buildings separated by deep soil;

· Due to the topography, more visually intrusive driveway area, excavation and retaining walls would be required; and

· Yields which have been committed to the Department of Planning would be reduced by 15%.

The urban design consultant recommends a 12m setback from Chapman Avenue (see below under the heading ‘‘Impacts on surrounding sensitive low density residential zones”).

In relation to applying a 10m setback to heritage items, the urban design consultant advises against applying simple numeric specifications to the protection of heritage significance. Identified heritage values are specific to each item and curtilage and visual qualities do not have the same importance for any two items. Therefore, a merit assessment on a case by case basis is appropriate which takes into account relative height and proximity between two structures, available sight-lines, the shape of new buildings and architectural treatments and whether or not important landscape elements would be removed. Variations to setbacks may be necessary to achieve adequate protection of heritage items and a control allowing such variations should be included in the DCP.

Allowable setback encroachments have been included in the DCP to accommodate minor building elements which contribute to high standards of residential amenity and effective articulation of building forms where they do not add to the bulk and scale of buildings. Without the allowable encroachments, the definition of ‘building line’ and ‘setbacks’ in the Standard Instrument may prevent driveways, pedestrian ramps, supporting walls or posts, eaves and balconies. The setback encroachments for residential development should clarify that balconies are permitted to encroach to align with the underground parking/deep soil setbacks.

Corner setback controls within the DCP state that for buildings with a corner frontage, front and rear boundary setbacks apply to the shorter street frontage, and side boundary setbacks apply to the longer of the two street frontages. The application of a side boundary setback to secondary street frontages is consistent with Council’s existing Medium/High Density Multi-Unit Housing DCP.

Setback controls have been drafted based on the requirements of SEPP 65 to prevent overlooking and overshadowing or requiring screening where appropriate. The setbacks are part of a suite of building envelope controls designed to manage the bulk and scale of development, while allowing orderly and economic development of sites.

Resolve: It is recommended that a control allowing variations to setbacks to be considered where the variation assists the protection of heritage qualities be inserted in the DCP. It is also recommended that setback encroachments be clarified to permit balcony encroachments limited to the line of underground parking/deep soil setbacks.

Heritage Impacts

A number of submissions comment that the DCP does not take into account the heritage significance of the Beecroft Road, Beecroft precinct. The submissions state that there should be a separate DCP specific to Beecroft which respects the established heritage value of the area and that heritage controls should be included, based on the elements already established in the 2004 Heritage Assessment and Conservation Principles Analysis prepared by Godden Mackay Logan.

Comment: The DCP has been prepared to apply to proposed Housing Strategy development. Council’s existing Heritage DCP would also apply where development involves a heritage item, is located in the vicinity of a heritage item, or is located within a heritage conservation area. The Height and Setbacks elements include a note concerning the application of the Heritage DCP and the key principles diagrams identify heritage items and sensitive interface areas surrounding the items. However, it is acknowledged that the DCP would be further strengthened by the inclusion of a separate chapter for the Beecroft Road precinct, as it is the only precinct which is located within a heritage conservation area. This chapter should contain a Heritage Conservation element which reflects the principles of the Godden Mackay Logan Study.

Resolve: It is recommended that a Heritage Precinct chapter, including a Heritage Conservation element, be included in the DCP.

Impacts on surrounding sensitive low density residential zones

At its meeting on 1 September 2010, Council resolved that the DCP should include appropriate development controls to protect the amenity of residents in adjoining sensitive low density residential zones. A number of submissions also comment that the sensitive nature of the land zoned Residential AS (Low Density - Sensitive Lands) adjoining the Beecroft Road precinct to the north should be addressed in the DCP controls.

Comment: An urban design consultant was engaged to review the impact of proposed development on the properties to the north of the Beecroft Road precinct, based on Council’s resolution and comments raised in submissions. The consultant recommends that the front setbacks for the Beecroft Road precinct (residential portion) be increased by 2 metres. This would balance the retention of dwelling yields with the protection of the character of the adjoining land zoned low density sensitive land, which is also located within the Beecroft/Cheltenham Heritage Conservation Area.

Resolve: It is recommended that the front setback for the Beecroft Road precinct (residential portion) be increased to 12m, which can be reduced to 10m for a maximum of one third of the building width.

Open Space

A number of submissions comment that additional communal and/or private open space should be required in the DCP.

Comment: The DCP requires communal open space for residential development with more than 10 dwellings and mixed use development over 8 storeys in height with more than 10 dwellings. The rate of communal open space is proportional to the site area, ensuring that as sites increase in size, the amount of required communal open space increases.

The DCP requires 12sqm of private open space per unit, with a minimum width of 2.5m. The width is consistent with the guidelines in the SEPP 65 Residential Flat Design Code and would accommodate a table and four chairs. The minimum area of 12sqm has been reviewed and compared to the proposed State Government Housing Code for small lots, which proposes that a 3 bedroom house/townhouse/unit on a small lot should include a minimum 16sqm of private open space. As the DCP requires a mix of housing (i.e. a mix of 1, 2 and 3 bedroom units) which would cater for different occupants with varying needs for private open space, a sliding scale should be inserted into the Open Space element requiring increased or decreased rates of private open space in accordance with the size of the unit.

Resolve: It is recommended that the open space control should be amended to a sliding scale requiring 10sqm for 1 bedroom units, 12sqm for 2 bedroom units and 16sqm for 3 bedroom units.

Pedestrian Linkages

A number of submissions comment that there should be open areas between buildings for cyclists and pedestrians. A submission from the Pennant Hills District Civic Trust comments that there should be a Town Centre Linkage Diagram for the Fisher Avenue, Pennant Hills precinct. A submission from Beecroft Cheltenham Civic Trust Beecroft comments there should be a pedestrian plaza from Hannah Street to Wongala Crescent in accordance with the existing masterplan in the Business Lands DCP.

Comment: The key principles diagrams identify pedestrian walkways between and around buildings within precincts. Where more than one building is proposed on the same site, the DCP requires that they be separated by a minimum of 6m. Within mixed use precincts, where the key principles diagrams identify pedestrian walkways or the separation of buildings, the DCP states that they should comprise open air walkways located at ground level at least 6m wide.

The Town Centre Linkage Diagrams have been prepared for precincts which contain business zoned land or areas which contain a number of precincts. However, it is acknowledged that the Fisher Avenue, Pennant Hills precinct would benefit from a Town Centre Linkage Diagram to indicate pedestrian and cyclist routes around the precinct to the commercial centre, the railway station and to nearby open space areas.

The key principles diagram and Town Centre Linkage Diagram for the Beecroft Road precinct should be amended to reflect the current masterplan identifying a plaza in the Business Lands DCP at the corner of Hannah Street and Wongala Crescent.

Resolve: It is recommended that:

· a Town Centre Linkage Diagram for the Fisher Avenue, Pennant Hills precinct be included in the DCP;

· a plaza be included in the Beecroft Road, Beecroft (mixed use portion) key principles diagram and Town Centre Linkage Diagram; and

· a Public Domain element be inserted into the DCP, reinforcing the requirements for pedestrian linkages and walkways.

Traffic Improvements

A number of submissions raise concern with additional traffic congestion and traffic management. Objections are raised to the partial closure of Amor Street and the proposed roundabout at the intersection of Amor Street and Lords Avenue.

Comment: The Housing Strategy and Housing Strategy DCP have been prepared in consultation with the Roads and Traffic Authority (RTA) and Council’s Traffic and Road Safety Branch. Based on feedback from this consultation, the key principles diagrams in both the Housing Strategy DCP and in the amendments to existing DCPs (namely the Medium Density and High Density Multi-Unit Housing DCPs) should be updated to include required traffic management improvements. In addition, a Traffic Management element should be added to the DCP including a Traffic Management Improvement Plan for Asquith. This would inform a Traffic Impact Study required by the RTA.

Any proposed traffic improvements shown for Asquith or for any other precinct on the key principles diagrams would be subject to separate consultation prior to implementation. The Traffic Management element should clarify that Council or the RTA will undertake the necessary traffic management improvements located on public land and roads. Any future development proposing alternative traffic management solutions should be accompanied by a traffic assessment.

The key principles diagram for Asquith should be amended to clarify that the traffic management at the corner of Amor Street and Pacific Highway is not a partial closure but a new median on the Pacific Highway to restrict movements to left in and left out only from Amor Street. The proposed roundabout is required to assist traffic circulation through the commercial centre.

Resolve: It is recommended that the key principles diagrams in the DCP and those to be inserted as amendments to existing DCPs be updated to include required traffic management improvements. It is also recommended that a Traffic Management element be inserted in the DCP, and the key principles diagram for Asquith be amended to restrict movements to left in and left out of Amor Street.

SEPP 65 controls

At its meeting on 1 September 2010, Council resolved that the DCP should include site design options from the Residential Flat Design Code and SEPP 65, to achieve high quality design outcomes. A number of submissions also comment that SEPP 65 controls should be included in the DCP.

Comment: The controls within the DCP have been prepared to complement the requirements of SEPP 65. However, it is recommended that a SEPP 65 element be inserted into the DCP to clarify that SEPP 65 applies along with the DCP and to outline the lodgement requirements and design quality principles as set out in the SEPP.

Resolve: It is recommended that a Design Quality – SEPP 65 element be inserted into each part of the DCP.

Car Parking and Access

Submitters comment that car parking rates should be increased and that all car parking should be located in basements. A number of submissions comment that access to Chapman Avenue development in the Beecroft Road, Beecroft precinct should be from the commercial centre. One submission comments that no cycle racks are shown.

Comment: Car parking rates within the DCP are consistent with current car parking rates in Council’s existing DCPs. Council is currently undertaking a Car Parking Management Strategy and any recommendations adopted from the final Strategy would be translated into relevant DCPs.

The DCP requires that resident and visitor parking for residential developments be provided in basements. Mixed use development is also required to provide resident, visitor and customer parking (where required) in basements. However, some existing at grade parking areas are identified on key principles diagrams to be retained to allow convenient parking and access for retail shoppers.

There is scope for access to development in the Beecroft Road precinct (residential portion) to be via the commercial centre car park and driveway identified on the key principles diagram for the Beecroft Road precinct. Where access is not possible from this driveway or car park, existing vehicle entries on Chapman Avenue should be consolidated to provide access.

Bicycle racks are not shown on the key principles diagrams. However, the DCP requires bicycle parking in the form of a rail/rack or locker for residents and visitors in residential development, and bicycle parking in the form of a rail/rack for mixed use development.

Resolve: It is recommended that the Vehicle Access and Parking element and key principles diagrams in the Heritage precinct chapter be amended to identify that access to residential development should be via the commercial centre where possible.

Roof forms

A number of submissions object to the requirement for flat roof forms.

Comment: The DCP encourages flat roof forms with eaves to break up the built form and minimise the height of exterior walls. This does not prohibit pitched roof forms provided the height and other building envelope controls are met. However, the desired future character of the Housing Strategy precincts is for flat roofs. Council’s urban design consultant recommends that flat or gently pitched roof forms be encouraged in heritage precinct developments to acknowledge the traditional roof forms in the heritage conservation area.

Resolve: It is recommended that part 3 of the DCP state that flat or gently pitched roof forms are encouraged for development in the heritage precinct.

Site amalgamation

A submission from Pennant Hills District Civic Trust comments that site amalgamation controls should be included for the Fisher Avenue, Pennant Hills precinct. One submission comments that minimum lot size requirements should be included.

Comment: The building envelope controls contained in the DCP are based on the amalgamation of at least two typical properties. However, it is acknowledged that there are no minimum lot size or amalgamation provisions in the DCP. It is recommended that a Site Requirement element be introduced, specifying a minimum site width of 30m measured at the street frontage. This would clarify Council’s intention for the amalgamation of at least two blocks and would strengthen the control relating to isolated sites.

Resolve: It is recommended that a Site Requirements element, including a control for a minimum site width of 30m, be inserted into the DCP.

Bushfire

A number of submissions, including one from the Rural Fire Service (RFS), raise issues concerning bushfire risk. The RFS comments that the Berowra Commercial Centre and Mount Colah Commercial Centre precincts may not be able to achieve asset protection zones required under Planning for Bushfire Protection 2006.

Comment: Council has sought clarification from the RFS concerning its submission. The RFS has advised that as a result of the outcomes of the Royal Commission into the Victorian Bushfires, it is currently reviewing and developing policies to cater for high rise development in the future, and that it has requested the Minister defer the gazettal of the Berowra and Mount Colah Commercial Centre precincts in the Housing Strategy Planning Proposal until the concerns have been investigated. Council has requested advice from the Department of Planning on the implications of these comments on the progression of the Housing Strategy on two occasions. No response has been received.

Resolve: It is recommended that no amendment be made to the DCP as a result of submissions commenting on bushfire. However, it is also recommended that should the Housing Strategy Planning Proposal be made with the deletion of the Mount Colah Commercial Centre and Berowra Precincts, the DCP be amended to remove reference to the precincts prior to the DCP coming into force.

Waste Management

A submission from the Pennant Hills District Civic Trust comments that waste management and collection should be addressed within the DCP.

Comment: It is acknowledged that waste management is an important issue in the redevelopment of precincts. Council’s existing Waste Minimisation and Management DCP would apply to future development of the Housing Strategy precincts. The issue of waste management for multi-unit development is being reviewed as part of a wider review of Council’s DCPs in the preparation of the Comprehensive DCP.

Resolve: It is recommended that no amendment be made to the DCP as a result of submissions concerning waste management.

DCP Format

A number of submissions comment that the DCP is not “reader-friendly”, is difficult to navigate and the controls are unclear.

Comment: The two-column format is the most appropriate format for the DCP. The DCP contains separate controls in separate parts for residential and mixed use precincts or parts of precincts. The DCP format has been reviewed to present controls in table format where possible, increase the size and gutter between columns, increase the size of diagrams and pictures, move the side-bar tab to the bottom of the pages and to include a contents page once the DCP is finalised.

Resolve: It is recommended that the DCP controls be presented in table format with larger columns and diagrams, a contents page be inserted and the side-bar tab be relocated as a footer on each page.

Other amendments

A number of further amendments to the DCP are recommended as a result of the review of submissions, including:

· Expansion of the articulation element for the Beecroft Road, Beecroft precinct;

· Insertion of a note requiring a BASIX certificate ensuring the facilitation of energy efficient housing;

· Rewording and separation of the Amenity element into Privacy, Sunlight and Ventilation and Public Domain elements;

· Insertion of desired future character statements for each part of the DCP;

· Inclusion of a fencing control under the landscaping element for residential development;

· Inclusion of controls encouraging operable louvres on balconies;

· Inclusion of RailCorp requirements for referral of Development Applications for particular precincts near railway lines or proposed rail corridors;

· Clarification of the required landscaped area; and

· Amendment of the Bouvardia Street key principles diagram to delete a tree which has been removed from the Coles car park.

An amended DCP and DCP amendments are attached to this report incorporating the above amendments.

CONSULTATION

The DCP has been prepared based on the controls and diagrams exhibited on two occasions as part of the Housing Strategy. The DCP and amendments to existing DCPs were publicly exhibited for one month and changes have been made in accordance with public feedback with the assistance of an urban design consultant and Council’s Traffic and Road Safety and Parks and Landscapes teams.

The review of submissions and preparation of amendments to the DCP has been overseen by Councillors during two workshops, held on 10 November 2010 and 9 February 2011. Available Councillors and staff met with interested stakeholders, namely the Beecroft Cheltenham Civic Trust, North of Hornsby Resident Action Group and residents of Chapman Avenue during the exhibition period. The amended DCP has been circulated to the same groups prior to reporting to Council.

STATUTORY CONSULTATION

Should Council approve the DCP and draft DCP amendments, public notice of Council’s decision is required in local newspapers in accordance with Clause 21 of the Environmental Planning and Assessment Regulation 2000. The Housing Strategy DCP and amendments to existing DCPs would come into force on the date that public notice is given in the local newspaper, or on a later date specified in the notice (to correspond to the gazettal of the Housing Strategy Planning Proposal).

FINANCIAL

An urban design consultant was engaged to assist with the review of submissions and preparation of amendments to the Housing Strategy DCP. A further $20,000 has been expended from Planning Reform Funds for the Housing Strategy within the Town Planning Services Budget. All Reform Funds have now been expended.

TRIPLE BOTTOM LINE SUMMARY

Triple Bottom Line is a framework for improving Council decisions by ensuring accountability and transparency on social, environmental and economic factors. It does this by reporting upon Council’s strategic themes. A Triple Bottom Line summary was provided in respect of the Housing Strategy in Executive Manager's Report No. PLN5/09 considered by Council on 4 February 2009.

CONSULTATION

The Housing Strategy DCP and draft amendments to the Medium Density Multi-Unit Housing, Medium/High Density Multi-Unit Housing, High Density Multi-Unit Housing, Business Lands, and Berowra Cowan DCPs were exhibited from 16 September to 15 October 2010. Fifty submissions were received and are addressed in this report. A number of amendments to the DCP have been made as a result of submissions and discussions with interest groups.

It is recommended that Council approve the DCP to come into force after the gazettal of the Housing Strategy Planning Proposal. Due to uncertainty concerning discussions between the Department of Planning and the RFS, it is recommended that should the Housing Strategy Planning Proposal be made with the deletion of the Berowra and Mount Colah Commercial Centre Precincts, the Housing Strategy DCP be amended to remove reference to the precincts prior to the DCP coming into force.

RECOMMENDATION

THAT:

1. The Housing Strategy Development Control Plan attached to Executive Manager’s Report No. PLN23/11 be approved, incorporating the following amendments:

1.1 Inclusion of deep soil minimum length dimensions;

1.2 Inclusion of a control allowing variations to setbacks where it assists the protection of heritage qualities;

1.3 Inclusion of a Heritage Precinct chapter, including a Heritage Conservation element;

1.4 Increase of front setback controls for the Beecroft Road, Beecroft precinct (residential portion) to 12m;

1.5 Clarification of setbacks to permit balcony encroachments limited to the line of underground parking/deep soil setbacks.

1.6 Inclusion of a sliding scale control for private open space;

1.7 Inclusion of a Town Centre Linkage Diagram for the Fisher Avenue , Pennant Hills precinct;

1.8 Inclusion of a plaza in the Beecroft Road, Beecroft precinct (mixed use portion) key principles and town centre linkage diagrams;

1.9 Updating and inclusion of traffic management improvements in key principles diagrams;

1.10 Inclusion of a Traffic Management element;

1.11 Inclusion of a Design Quality – SEPP 65 element;

1.13 Encouraging flat or gently pitched roofs for development in the heritage precinct

1.14 Inclusion of a Site Requirement element, including a minimum site width of 30m;

1.15 Amendments to the DCP format;

1.16 Expansion of the articulation element for the Beecroft Road, Beecroft precinct;

1.17 Insertion of a note concerning BASIX requirements;

1.18 Separation of the Amenity element into Privacy, Sunlight and Ventilation and Public Domain elements;

1.19 Insertion of desired future character statements;

1.20 Inclusion of a fencing control for residential development;

1.21 Inclusion of controls encouraging operable louvres on balconies;

1.22 Inclusion of RailCorp requirements for referral of Development Applications for particular precincts near railway lines or proposed rail corridors;

1.23 Clarification of the required landscaped area;

1.24 Amendment of the Bouvardia Street key principles diagram to delete a tree which has been removed; and

1.25 Correction of minor formatting or other errors.

2. The amendments to the Medium Density Multi-Unit Housing, Medium/High Density Multi-Unit Housing, High Density Multi-Unit Housing, Business Lands, and Berowra Cowan Development Control Plans attached to Executive Manager’s Report No. PLN23/11 be approved incorporating updated key principles diagrams to include traffic management improvements.

3. Should the Housing Strategy Planning Proposal be made with the deletion of the Berowra and Mount Colah Commercial Centre Precincts, the Housing Strategy DCP be amended to remove reference to the precincts prior to the DCP coming into force.

4. Submitters be advised of Council’s resolution.

James Farrington

Manager - Town Planning Services

Planning Division

Scott Phillips

Executive Manager

Planning Division