Agenda of Planning Meeting

Planning Report No. PLN45/11

Date of Meeting: 6/07/2011

1 DEVELOPMENT APPLICATION - SECTION 96(2) MODIFICATION TO A SENIORS LIVING DEVELOPMENT COMPRISING 150 INDEPENDENT LIVING UNITS AND A COMMUNITY FACILITY
599 - 607 OLD NORTHERN ROAD, GLENHAVEN

Development Application No:	DA/1709/2007/E
Description of Proposal:	Section 96(2) modification to an approved Seniors Living Development comprising 150 independent living units and a community facility
Property Description:	Lot 2 DP 1123753, Nos. 599 – 607 Old Northern Road, Glenhaven
Applicant:	Anglican Retirement Villages – Castle Hill
Owner:	Anglican Retirement Villages – Castle Hill
Statutory Provisions:	Hornsby Shire Local Environmental Plan 1994 - Rural BA (Small Holdings – Agricultural Landscapes) State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004
Estimated Value:	$18 million (cost of modification)
Ward:	A

RECOMMENDATION

THAT Development Application No. 1709/2007/E for a seniors living development comprising 154 independent living units, community facility and ancillary works at Lot 2 DP 1123753, Nos. 599-607 Old Northern Road, Glenhaven be approved as detailed in Schedule 1 of this report.

EXECUTIVE SUMMARY

1. The application proposes to modify an approved seniors living development by increasing the total number of units to 154, altering the approved staging of the works, re-orientating and redesigning a number of independent living units, deleting a meeting room, adding a workshop, removing trees, relocating a substation, adding an acoustic fence, amending landscape treatments and altering engineering works related to the dam and the creek.

2. On 17 December 2008 Council granted consent to Development Application No. 1709/2007 for a retirement village (Glenhaven Green) comprising 150 independent living units, community facility and ancillary works. The development consent was subsequently modified on four occasions.

3. The proposed modification does not alter the development’s compliance with the provisions of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004.

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

5. It is recommended that the application be approved.

HISTORY OF THE SITE

The property is owned by the Anglican Retirement Village and is subject to three development consents for self-care dwellings for the aged or differently abled persons, known as DA/753/2002, DA/539/2003 and DA/2450/2003.

On 1 April 2003 the Land and Environment Court approved Development Application No. 753/2002 for ‘the erection of 130 self-care dwellings under SEPP No. 5’ on No. 599 - 601 Old Northern Road, Glenhaven This application was subsequently amended with Council consent on a number of occasions reducing the number of units to 122. The application approved the staged construction of the development that has since commenced on the site.

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

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

The original application, DA/1709/2007 was lodged to rationalise and redesign the three approved developments on the site and to facilitate construction of 150 independent living units within the site in five stages. On 17 December 2008 Council approved DA/1709/2007 for Seniors Living Development (Glenhaven Green) comprising 150 independent living units, community facility and ancillary works.

The application has been subsequently modified via five previous Section 96 applications. The modifications related to the timing of payment of the Section 94 contributions, minor design alterations to the dwelling units, timing of issue of the occupation certificate for a few units, amendments to the on-site detention system and stormwater management within the site.

THE SITE

Lot 2 DP 1123753 is located on the eastern side of Old Northern Road at Glenhaven and has an area of 9.853 hectares.

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

The existing trees within the site consist of a mix of exotic and local indigenous species. Dominant indigenous tree species within the locality include Sydney Blue Gum, Blackbutt, Turpentine and Grey Ironbark.

The site previously contained three single-storey dwelling-houses and a number of outbuildings. Work has commenced on the site for a retirement village in accordance with DA No. 753/2002 and DA/1709/2007. The independent living units within Stage 1 and 2 and the community centre have been completed. The units have been occupied.

The site is serviced with water and electricity. A sewerage service is available on the opposite side of Old Northern Road in The Hills Shire. It is noted that during construction works, asbestos was identified in a certain section of the site (marked on the attached site plan as “zone of contaminated fill”). The asbestos-containing materials have been capped in this section of the site without consent from Council and therefore the soil in this location is currently contaminated, which is contradictory to the original development consent and the Remedial Action Plan approved by Council.

A retail nursery ‘Flower Power’ adjoins the site’s northern boundary, and rural properties adjoin the eastern and southern boundaries. The land to the southwest of Old Northern Road comprises single and two storey residential developments within The Hills Shire Council.

The rear north-eastern corner of the property adjoins No. 593 Old Northern Road which was approved by the Land and Environment Court for 83 aged housing units pursuant to SEPP No. 5.

THE APPROVED DEVELOPMENT

The approved development (as modified) involves the following:

· The phased construction of housing for aged or differently abled persons comprising 150 self contained dwellings comprising 16 x 2-bed dwellings and 134 x 3-bed dwellings.

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

· Provision of 272 on-site car parking spaces comprising:

- 150 resident car parking spaces;

- 38 on-street parking spaces; and

- 84 tandem (stacked) car parking spaces (located in resident’s driveways).

· Ancillary works and landscaping.

· The development was approved to be completed in five stages. Stages 1 and 2

have been completed.

THE PROPOSED MODIFICATION

The proposed modification involves the following:

· The phased construction of housing for aged or differently abled persons comprising 154 self contained dwellings comprising 42 x 2-bed dwellings and 112 x 3-bed dwellings. The details of the modifications to the units are as follows:

- Replacement of forty-eight approved independent living units (ILUs) of types located on the north-western side of the site (north of Blue Gum, Drive) with fifty-two ILUs. The units would be either single or double storey with attached car parking facilities.

- The new units would be redesigned and re-orientated to maximise the number of single detached living units and paired designs. The modifications would include the deletion of five ILUs and relocation elsewhere on the site. The deletion of two of the units would facilitate the retention of two significant Eucalyptus trees on the site.

· Five ILUs would be located fronting Old Northern Road. A timber acoustic fence with landscaped frontage along Old Northern Road is proposed as a noise mitigation measure for the courtyards of these units.

· Deletion of Meeting Room 2 and replaced by a workshop located at the northern corner of the site.

The applicant has advised that Meeting Room 2 was not useable due to lack of parking nearby. The amended design of the workshop would provide for a variety of activities for the residents and include adjoining parking areas.

The proposed hours of operation of the workshop would be 7 am to 7 pm on all days.

· The bin bay locations in the north-western section of the site are proposed to be amended to suit the new unit layout in Stages 4 and 5. A total of six bin enclosures are proposed in the modified section of the site.

· Adjustments to internal road layout and road levels.

· Removal of a Paperbark tree (No. 39), three Radiata Pine trees (Nos. 129, 130 and 131) which were formerly heritage listed and one dead Oak tree (No. 68).

The removal of the Paperbark tree would facilitate the retention of two other significant trees on the site (37 and 38).

· Location of the substation near the community facility.

· Amendments to the landscaping treatment around the dam and within the riparian corridor.

· Piping of a section of the dam overland flow path and reconfiguration of the remaining section.

· Minor adjustment to the rock wall around the dam.

· Extension of a retaining wall along the northern aspect of the Blue Gum High Forest Conservation Area (Pocket Park).

· Re-staging of the construction works as follows:

Stage 1 - Fifty dwellings have been completed pursuant to DA/753/2002. No alterations are proposed to stage 1.

Stage 2 – Construction of thirty-four dwellings comprising 12 x 2-bed units and 22 x 3-bed units, the central community facility, ancillary roads and garbage/meeting rooms. This stage includes construction of thirty-four resident parking spaces (garages), thirteen on-street visitor spaces, thirteen tandem resident/ visitor spaces, fourteen spaces adjacent to the community centre, works to the riparian area within the Blue Gum High Forest (Pocket Park) and part construction of the loop road (Blue Gum Drive) to provide access for service and garbage vehicles.

Stage 3 – Construction of sixteen dwellings comprising 8 x 2-bed units and 8 x 3 bed units, construction of sixteen resident parking spaces (garages), six on-street visitor spaces, six tandem resident/ visitor spaces, part construction of the internal access roads and landscaping works.

Stage 4 – Construction of twenty-seven dwellings, a workshop, part construction of a road (Orchard Drive) and a loop road (Blue Gum Drive), landscaping works adjoining the dam, riparian works to part of the creek and community recreation facilities. The units would comprise 18 x 2-bed units and 9 x 3-bed units. This stage includes construction of 27 resident parking spaces (garages), twelve tandem spaces, seven on-street visitor spaces, eleven spaces adjacent to the community centre and five spaces adjacent to the workshop. The construction of the roads would ensure appropriate access for service/garbage vehicles.

Stage 5 – Construction of twenty-five dwellings comprising 8 x 2-bed units and 17 x 3 bed units, construction of twenty-five resident parking spaces (garages), nineteen tandem spaces, part construction of the access road (Harvest Crescent) and landscaping works.

Stage 6 – Construction of fifty-two dwellings, riparian works, substation and switch rooms. The units would comprise 6 x 2-bed units and 46 x 3-bed units. This stage includes construction of fifty-two resident parking spaces (garages) and three on-street visitor spaces. The construction of the roads would ensure appropriate access for service/garbage vehicles.

Comparison of the Approved and Modified Development Proposal

Approved Development

Stage 1 & new Stages 2-5

Modified Proposal

Stage 1 & new Stages 2 - 6

Net Change

Unit Mix

1-bed

2-bed

3-bed

Total Units

159

200 units

137

204 units

+26

-22

+ 4 units

No. Bedrooms

555 beds

549 beds

-6 beds

Gross Floor Area (m²)

27,306m²

26,742 m²

-564 m²

FSR

0.28:1

0.27:1

-0.01:1

Community Facility

1,405 m²

No change proposed

Total Parking

59 spaces (Stage 1) +

274 (Stage 2-5)

Total 333 spaces

59 spaces (Stage 1) +

263 spaces (Stage 2-6)

Total 322 spaces

- 11 spaces

ASSESSMENT

The development application has been assessed having regard to the ‘Metropolitan Plan for Sydney 2036’, the ‘North Subregion (Draft) Subregional Strategy’ and the matters for consideration prescribed under Section 79C of the Environmental Planning and Assessment Act 1979 (the Act). Subsequently, the following issues have been identified for further consideration.

1. STRATEGIC CONTEXT

1.1 Metropolitan Plan for Sydney 2036 and (Draft) North Subregional Strategy

The Metropolitan Plan for Sydney 2036 is a broad framework to secure Sydney’s place in the global economy by promoting and managing growth. It outlines a vision for Sydney to 2036; the challenges faced, and the directions to follow to address these challenges and achieve the vision. The Draft North Subregional Strategy acts as a framework for Council in its preparation of the Comprehensive LEP by the end of 2011.

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

2. STATUTORY CONTROLS

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

2.1 Environmental Planning and Assessment Act 1979 – Section 96(2)

The proposal constitutes an amendment under Section 96(2). Council pursuant to Section 96(2) of the Environmental Planning & Assessment Act, 1979, may consider an application to amend development consent provided that, inter alia:

(a) it is satisfied that the development to which the consent as modified relates is substantially the same development as the development for which consent was originally granted and before that consent as originally granted was modified (if at all), and

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

(c) it has notified the application in accordance with (i) the regulations, if the regulations so require, or (ii) a development control plan, if the consent authority is a council that has made a development control plan that requires the notification or advertising of applications for modification of a development consent, and

(d) it has considered any submissions made concerning the proposed modification within the period prescribed by the regulations or provided by the development control plan, as the case may be.

(3) In determining an application for modification of a consent under this section, the consent authority must take into consideration such of the matters referred to in section 79C (1) as are of relevance to the development the subject of the application.

With regard to Section 96(2)(a), DA/1709/2007 approved 150 self serviced independent living units within the site. The proposed modification would increase the number of units to 154 (as originally proposed) and would modify the design of 48 units within the site (being replaced by 52 units). The modified design would align with contemporary market demands. The proposal also includes amendments to the landscaping and creek restoration works. However, no major alterations are proposed to the overall site layout, density and building height within the retirement village. The application includes the construction of an acoustic fence along a section of the site adjoining Old Northern Road, which is considered to be ancillary to the proposed modifications to the unit designs. Given the above, the proposed modification is considered to be substantially the same as the development originally approved.

With regard to Section 96(2)(b), the proposal was referred to New South Wales Office of Water for comments. No objections were raised subject to implementation of the conditions of DA/1709/2007.

With regard to Section 96(2)(c) and (d), the application was re-notified to neighbouring properties in accordance with Council’s Notification and Exhibition Development Control Plan and no submissions were received.

With regard to Section 96(2)(3), an assessment against the relevant provisions of Section 79C(1) are provided within this report.

2.2 Hornsby Shire Local Environmental Plan 1994

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

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

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

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

The proposed development is defined as ‘housing for aged or differently abled persons’ under the HSLEP and is prohibited in the zone. The proposal is also inconsistent with the zone objectives. However, the land use is permissible pursuant to the State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004.

The compliance of the development with the zone objectives has been considered in detail as part of the assessment of the original application. The proposed modification would not alter the compliance of the development in this regard.

Clause 18 of the HSLEP sets out heritage conservation provisions within the Hornsby area. At the time of assessment of the original application, the subject property adjoined Pine Trees along Old Northern Road which were identified as heritage items of local significance under Schedule D of the HSLEP. However, pursuant to Amendment 98 of the HSLEP gazetted on 19 November 2010, the subject trees were deleted from heritage listing. The application seeks approval to remove the three pine trees. Council’s assessment in this regard concludes that the removal of pine trees is satisfactory subject to replacement by appropriate native species.

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

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

An assessment of the proposed modifications against the other relevant provisions of the SEPP (Seniors Living) is provided below.

2.3.1 Clause 24 Site compatibility certificate required for certain development applications

Pursuant to the requirements of Clause 24, a site compatibility certificate was issued by the Director General Department of Planning on 25 November 2008 which permitted a maximum of 154 dwellings on the site. However, Council’s approval reduced the number of units to 150. The current modification seeks approval to increase the number of units to 154 as originally proposed. This increase would not involve any modifications to the site-compatibility certificate. Therefore, no further assessment in this regard is necessary.

2.3.2 Clause 28 - Water and sewer

The property is serviced by reticulated water. Sewerage is to be provided by linking into the Sydney Water system on the southern side of Old Northern Road. The matter was assessed as satisfactory under DA/1709/2007. The proposed modification would not alter this assessment.

2.3.3 Clause 33 - Neighbourhood amenity and streetscape

The development’s impact on neighbourhood amenity and streetscape was assessed under DA/1709/2007. The proposed modifications would involve the construction of a 35 metre long acoustic fence in the north-western section of the site along the Old Northern Road frontage. The suitability of the modified design is assessed in detail elsewhere in this report.

2.3.4 Clause 34 - Visual and acoustic privacy

The site is separated from neighbouring residential developments by Old Northern Road and landscape buffers are provided along the boundaries to screen the development from adjoining rural residential properties. The proposed front setbacks to Old Northern Road, for the re-designed units are comparable to the original development consent. The application would involve the construction of an acoustic fence within the front setback area of five units located in the north-western section of the site. The applicant has advised that the fence is required to alleviate the impact of traffic noise upon the private open space areas of these units. Given the above, it is considered that sufficient visual and acoustic privacy has been provided to the re-designed units within the site.

2.3.5 Clause 35 - Solar access and design for climate

Overshadowing

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

Solar access to individual units and courtyards

The modified units are designed so that they have a north/ north-east oriented living room and some solar access to private open spaces areas. The applicant submitted solar access diagrams which demonstrate that more than 70% of the re-designed units achieve a minimum three hours sun penetration into the living room and adjacent courtyard.

2.3.6 Clause 36 - Stormwater

The modified proposal involves piping of a section of the dam overflow path and reconfiguration of the remainder of the path to act as a landscaped feature within the community garden adjoining Blue Gum Drive. The applicant has submitted a revised flood modelling to support the proposed modifications. Council’s engineering assessment in this regard concludes that the proposed design is satisfactory.

2.3.7 Clause 37 - Crime Prevention

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

2.3.8 Clause 38 - Accessibility

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

2.3.9 Clause 39 -Waste Management

Adequate waste storage and collection facilities are available on the site and are assessed as satisfactory subject to recommended conditions of consent.

2.3.10 Clause 40 - Development Standards

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

2.3.11 Clause 41 - Standards for hostels and self contained dwellings

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

Clause

Provision

Compliance

Comments

2(1)&(3)

Wheelchair access:

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

Yes

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

2(3)

Security:

Pathway lighting.

Yes

Condition of development consent 1709/2007

2(4)

Letterboxes:

Pathway lighting.

Yes

Condition of development consent 1709/2007

2(5)

Private car accommodation

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

(a) car paces must comply with AS2890, and

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

Yes

The Access Report advises that the units comply.

The Access Report advises that 5% of the total number comply, being the additional spaces on the driveway of the units.

2(6)

Accessible entry

Every entry must comply with AS4299.

Yes

The Access Report advises that the units comply.

Compliance via condition of consent recommended under 1709/2007

2(7)

Interior: general

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

Yes

The Access Report advises that the units comply with AS1428.1.

Compliance via condition of consent recommended under 1709/2007

2(8)

Bedroom

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

Yes

The Access Report advises that the units comply with AS1428.1.

Compliance via condition of consent recommended under 1709/2007

2(9)

Bathroom

At least 1 bathroom to comply with AS1428.1

Yes

The Access Report advises that the units comply with AS1428.1.

Compliance via condition of consent recommended under DA/1709/2007

2(10)

Toilet

Provide a visitable toilet per AS4299.

Yes

The Access Report advises that the units comply with this provision.

Compliance via condition of consent recommended under DA/1709/2007

2(11, 12 and 13)

Surface finishes, Door hardware, Ancillary items

Slip resistance surfaces.

Yes

Compliance via condition of consent recommended under DA/1709/2007

2(15)

Living room and dining room

Circulation space per AS4299.

Yes

The Access Report advises that the units comply with this provision.

Compliance is provided via a condition of consent recommended under DA/1709/2007

2(16 and 17)

Kitchen and Access

Circulation space per Cl.4.5.2 of AS4299. Width of door approaches of 1200mm.

Access to kitchen, main bedroom, bathroom and toilet

Yes

The Access Report advises that the units comply with this provision.

Compliance is provided via a condition of consent recommended under DA/1709/2007

2(19)

Laundry

Width of door approach to be 1200mm Clear space in front of appliances of 1300mm.

Yes

The Access Report advises that the units comply with this provision.

Compliance via condition of consent recommended under DA/1709/2007

2(20)

Storage for Linen

Linen cupboard per AS4299.

Yes

Linen cupboards provided. Condition of consent to require compliance.

2(21)

Garbage

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

Yes

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

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

Clause

Provision

Compliance

50(a)

Building Height

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

All units that have been modified to comply with the height requirement.

50(b)

Density and Scale

Maximum FSR 0.5:1.

Yes

0.27:1

50(c)

Landscaped Area

Min 30% of the site area.

Yes

50%

50(d)

Deep Soil Zone

Min 15% of the site area.

Yes

40%

50(e)

Solar Access.

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

Yes

See discussion in section 2.3.5 of this report

50(f)

Private Open Space

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

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

Note: This development standard applies to infill self care housing.

N/A

This clause does not apply to serviced self-care housing developments. Notwithstanding the above, it is noted that majority of the re-designed units include private open space areas which exceeds 15 sq metres. However, due to the slope of the land, a number of units around Harvest Crescent would not strictly comply with this numerical requirement. Large areas of open spaces and community recreational facilities are provided in lieu of the private open space areas.

50(h)

Parking

Minimum of 0.5 car spaces for each bedroom.

Yes

A minimum of 274 car parking spaces are required for the development. A total of 322 spaces are proposed (stages 1-5 inclusive).

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

The original application was assessed with regard to State Environmental Planning Policy No. 11 as the property is adjacent to an arterial road and comprises development that accommodates more than fifty vehicles. At the time of assessment, DA/1709/2007 was referred to the NSW Roads and Traffic Authority (RTA) for comments. No objections were raised to the application subject to the implementation of recommended conditions. The current application would not modify the access to the site and would reduce the number of car spaces. Therefore, no further assessment is required with regard to traffic generation or access.

2.5 State Environmental Planning Policy (Infrastructure) 2007

The provisions of State Environmental Planning Policy (Infrastructure) 2007 (SEPP (Infrastructure) did not apply to the original application as it was submitted prior to the commencement of the Policy. However, the current application has been assessed against the relevant provisions of the SEPP(Infrastructure) as a guide.

2.5.1 Impact of Noise

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

The original Noise Assessment Report submitted with DA/1709/2007 detailed the construction techniques to attenuate road noise and vibration and concluded that the development would not exceed the specified noise criteria and L_eqlevels within Clause 87 of the SEPP (Infrastructure). No objections were raised at the time of assessment of the original application subject to the implementation of recommended conditions. The applicant has submitted an addendum to this Noise Assessment Report, accompanying the modified proposal. The proposal also includes the construction of an Acoustic fence for a length of 35 metres along the frontage of Old Northern Road. The purpose of this fence is to alleviate noise impact to the private open space areas of five dwellings that front the busy road.

The modified proposal includes a men’s shed (workshop) at the northern corner of the site. The applicant has provided an acoustic report for this use which demonstrates that the proposed use would not have an adverse impact on the dwellings in close proximity.

Council’s technical assessment of the modified application concluded that the development is satisfactory subject to the implementation of the previously imposed conditions under DA/1709/2007 and restrictions on the operating hours of the workshop.

2.5.2 Development with frontage to a classified road

The matter has been discussed in Section 2.4 of this report.

2.5.3 Traffic Generating Development

The matter has been discussed in Section 2.4 of this report.

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

This Policy aims to encourage the proper conservation and management of areas of native vegetation that provide habitat for koalas. Council’s mapping indicates that the site may be potential koala habitat. The proposed modifications are located within the building footprint that was previously approved by Council under DA/1709/2007. Therefore the proposal would not have any adverse impact on the potential koala habitat within the site.

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

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

The applicant submitted a contamination assessment report with the original development application. The report concluded that the soil in certain sections of the site near the dam was contaminated. Accordingly a Remedial Action Plan (RAP) was submitted detailing procedures for remediating the site. Council’s environmental assessment of the application raised no concerns and considered the site to be suitable for the use subject to remediation being undertaken in accordance with the plan and by way of conditions of consent.

Subsequently, asbestos-containing materials were disposed on the site without consent from Council and in contradiction to the original development consent. The submitted site plan identifies the area of contaminated fill near Blue Gum Drive in close proximity to dwelling units. The documentation submitted with the Section 96 application state that, “Environmental Investigations (EI) was engaged by Anglican Retirement Villages to assess and provide guidance in dealing with an unexpected Asbestos Containing Material (ACM) find.” EI confirmed that bonded chrysotile and amosite asbestos was found within fragments of fibrous cement sheeting. “EI recommended the materials required management and the most suitable remedial option was to cap and contain the material in inaccessible areas on-site.”

The applicant initially advised Council that the fill would remain in place in its current form. Council officers requested the applicant to engage a NSW DECCW approved Site Auditor to provide a Site Audit Statement certifying that the site is suitable for the proposed use. This information has not been provided by the applicant. In absence of such information, a condition has been recommended to remove the contaminated fill from the site and undertake all remediation works in accordance with the approved Remediation Action Plan prepared by Environmental Investigations Australia dated 20 October 2006 prior to construction. The applicant has agreed to this outcome.

Subject to the implementation of the above condition, the site would be suitable for the proposed use.

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

2.9 Sydney Regional Environmental Plan 20: Hawkesbury Nepean River

The original application was assessed against the requirements of Sydney Regional Environmental Plan No. 20 (SREP 20). The modified proposal would not alter the compliance of the original proposal with the provisions of SREP 20 subject to recommended conditions regarding erosion and sediment control measures to be implemented on the site. The proposed works near the creek would not have any adverse impact on the water quality of the river catchment.

2.10 Rural Lands Development Control Plan

The modified proposal has been assessed having regard to the relevant performance and prescriptive design standards contained within Council’s Rural Lands Development Control Plan (Rural DCP). There are no specific planning provisions within the Rural DCP that apply to housing for aged or disabled persons within a rural zone since this land use is not permissible in the zone pursuant to the HSLEP. The compliance of the modified development against the generic controls in the Rural DCP is discussed below:

2.10.1 Rural Character and Visual Amenity

The site is located in a rural setting. During the Land and Environment Court appeal M & R Civil Pty Ltd v Hornsby Shire Council [2003] NSW LEC for DA/753/2002, the Commissioners provided the following comments:

“In our opinion, the proposal achieves compatibility with the rural area around it. First and foremost, it will be screened or filtered by vegetation that extends around all sides. The buildings facing the road are single-storey, and about the same length as the visually dominant two-storey houses that line a portion of the western side of the road. There are sizeable gaps through the proposed buildings and these give views of the rural lands beyond.”

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

DA/1709/2007 ensured that sufficient setback was maintained from Old Northern Road with a landscape buffer. The intent of the original approval was also to maintain an open streetscape, avoid bulky buildings, encourage single storey structures fronting Old Northern Road and introduce cluster developments intercepted by landscaped green corridors.

The proposed modification includes single and two storey dwelling units with the majority being single storey. The independent units would be separated by landscaped buffers and the internal streetscapes would maintain the rural character of the area where possible. The modified internal streetscapes within the site are considered satisfactory.

The modified proposal would include five units fronting Old Northern Road. The proposed setbacks of the units to the road are comparable to that approved under Stages 1 and 2 of the development. However, an acoustic fence is proposed in between the five units and the front boundary. This fence would be 35 metres long, setback 6.5 metres from the boundary, would be solid (timber) and would attain a maximum height of 3 metres to alleviate the vehicle noise impacts on the units fronting Old Northern Road. The fence would then extend along the northern boundary (adjoining Flower Power) for approximately 10 metres. A low height timber ‘post and rail’ fence currently exists along the front boundary of the site. A dense landscape screen comprising of existing and proposed plant species would separate the two fences so that the acoustic fence is not prominent when compared to the rural fence. The applicant has submitted detailed elevations of the fence including landscape screening.

It is noted that the acoustic fence would be inconsistent with the previous approvals and the rural character of the area. However, given the existing and proposed landscaped screening and the sudden fall of the land from the road reserve, the fence would not be visually prominent.

The extended section of the fence adjoining Flower Power would not be visually prominent when viewed from Old Northern Road due to the setback and the Flower Power car park would provide a screen buffer. Further landscaping is proposed in this section of the site to screen the fence.

Additionally, a timber screen fence is proposed along the north-western boundary of the site, north of the dam. The height of this fence would be 2.4 metres and it would not be strictly in character with the rural area. The applicant has advised that this fence is required to maintain the amenity of the units adjoining the north-western boundary, on either side of Spring Harvest Crescent. The timber fence would not have any additional visual impact as it would not be visible from Old Northern Road due to the existing vegetation and the Flower Power buildings.

2.10.2 Dwelling Design

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

The proposed aged care units are one and two storeys that step down the undulating site. The proposal would involve alterations to the internal layout and also to the overall external appearance of the structures including the roof pitch and gables. The dwelling houses approved in Stage 1 of the development provide a flatter roof with a more square presentation. The dwelling houses within Stage 4 of the development would be located in close proximity to those in Stage 1 but would have a much steeper roof form. However, the modified roof forms within Stage 4 would be similar to those approved in Stage 2 and the proposed ILUs on the northern side of Blue Gum Drive would integrate with the existing dwellings in the precinct. The building height, bulk and setbacks are similar to those previously approved.

The building elevation materials comprise painted fibre cement sheeting and face brickwork with a metal/ colourbond roof. The material colours comprise various shades of grey coloured roof, with the wall materials including terracotta or brown brickwork, with grey or green fibre cement. The materials and finishes are not inconsistent with the character of the area.

2.10.3 Setbacks

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

The DCP prescribes a minimum setback to buildings and other structures of 30 metres from Old Northern Road and 15 metres from side and rear boundaries. The relevant matters are discussed below:

Old Northern Road Setback (Stage 4 area)

The Scenic Assessment undertaken as part of DA/539/2003 concluded that the land adjacent to Old Northern Road has a high scenic sensitivity and a low absorption capacity because it is level with the road. The scenic assessment recommended that the built form address the street with a 20 metre setback. In comparison, the buildings in Stage 4 have a variable setback of 15 to 17 metres to the Old Northern Road frontage. This variation to the setback was supported under DA/1709/2007 subject to landscaping requirements along the frontage. The current application would maintain building setbacks which are comparable to the originally approved setbacks except the location of the acoustic fence. This matter has been discussed in detail in Section 2.10.1 of this report.

West (side boundary) Setback

This side boundary adjoins the Flower Power nursery. The setbacks are comparable to those previously approved under DA/1709/2007 and are considered appropriate. The acoustic fence extends to this section of the site and is considered acceptable due to the proposed landscape screening along the frontage.

North (rear boundary) Setback

The northern side boundary is common with the rear boundary of rural residential properties at Wayfield Road. The setbacks are comparable to those previously approved under DA/1709/2007 and are acceptable.

2.11 Heritage Development Control Plan

The Heritage Development Control Plan does not apply to the proposal as the subject Pine trees have now been deleted from the heritage listing, as discussed in Section 2.3 of this report.

2.12 Car Parking Development Control Plan

The proposed modification has been assessed against the requirements of Council’s Car Parking Development Control Plan and SEPP (Seniors Living). The proposal would result in the construction of 322 spaces within the site including visitors’ spaces.

The total number of car spaces proposed within the site exceeds the number required by SEPP (Seniors Living) as discussed in Section 2.3.12 of this report. Therefore, no further assessment in this regard is necessary.

2.13 Access and Mobility Development Control Plan

The application has been assessed against the requirements of Council’s Access and Mobility Development Control Plan.

The development is designed to provide suitable access for people with disabilities. The matter has been assessed in detail under SEPP (Seniors Living). Compliance of the proposal with the various requirements is ensured via appropriate conditions of development consent.

2.14 Waste Minimisation and Management Development Control Plan

The proposed retirement village is to have a shared bin system. The modified site layout includes the location for six bin enclosures at regular intervals within Stages 4 and 5 of the development. However, it is noted that a number of bin enclosures would require minor modifications to accommodate the required number of bins. This is recommended as a condition of development consent. All dwellings are located within 60 metres of a bin compound with eight dwellings being within 50 metres of a bin compound. Village management are to provide support taking waste between dwellings and bin enclosures where necessary. This is considered acceptable.

No modifications are proposed to the bin enclosures located elsewhere on the site.

Internal roads for the modified area of the site, have been designed to accommodate waste collection vehicles (10.2 metres long) with a 22.5 metre diameter turning circle. At the completion of each stage, the collection vehicles would be able to enter the site, service the bins, turn around where necessary and exit in a forward direction.

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

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

2.15 Sustainable Water Development Control Plan

The Sustainable Water Development Control Plan aims to achieve the implementation of sustainable water practices into the management of development in the Hornsby Shire.

The original application was assessed as satisfactory against the objectives of this DCP. The modified proposal would not alter the compliance of the proposal with this DCP.

3. ENVIRONMENTAL IMPACTS

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

3.1 Natural Environment

3.1.1 Threatened Species

The site contains Blue Gum High Forest (BGHF), a critically Endangered Ecological Community as listed under the Threatened Species Conservation Act 1995. This remnant vegetation is located near the centre of the site, in the vicinity of the community centre and riparian corridor (known as Pocket Park). DA/1709/2007 included a Vegetation Management Plan and Creek Restoration Plan to address the retention and maintenance of this remnant vegetation. The proposed modification involves the construction of a retaining wall in the northern aspect of the Pocket Park.

The applicant has submitted an Ecologist Report prepared by Coachers Travers assessing the impact of the proposed retaining wall on the existing flora and fauna in this area. The report concludes that the proposed retaining wall does not represent a significant impact on BGHF. Selected trees may be affected sufficiently resulting in their removal which may reduce the terrestrial connectivity. However, given the limited pedestrian access to the Pocket Park, its habitat value can be enriched by implementing several measures. The most significant measure is the placement of sandstone rock boulders at the toe of the retaining walls to provide habitat for ground dwelling fauna. Enrichment planting would continue to discourage the use of the Pocket Park by pest species and encourage native fauna occupation instead.

The ecological assessment undertaken by Council has found that the proposal is unlikely to have a significant impact on threatened species, populations, communities and their habitat as listed under the Threatened Species Conservation Act 1995, with the implementation of the recommended conditions of consent.

3.1.2 Tree Removal.

Initially the site included 255 trees comprising of a variety of species. In accordance with the original consent, ninety-one trees would be remaining after the development.

The current modification proposes the removal of three Radiata Pine trees (previously heritage listed), one Paperbark tree and one Oak tree. The proposal would also result in the retention of two significant Eucalyptus trees within the pocket park due to the exclusion of dwelling units in this area. Council’s assessment in this regard is considered satisfactory and no objections are raised to the removal of the trees.

3.2 Built Environment

The impact of the development on the streetscape and the built environment of the locality have been discussed in the previous sections of this report. The modified development would not result in additional traffic generation and would provide sufficient car parking within the site.

The proposal is acceptable with regard to its impact on the built environment.

3.3 Social Impacts

The proposed modification to the design of the units would provide suitable additional housing stock for seniors and would have a positive social impact.

3.4 Economic Impacts

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

4. SITE SUITABILITY

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

4.1 Riparian Corridors/ Flooding

The proposed modification includes minor works to the riparian corridor including the addition of dissipater boulders. The applicant also proposes to redesign the dam overflow path within the site by piping a section of the swale and proposing a sloping open swale near the creek. The applicant has submitted a revised flood modelling investigation report to support the proposed modifications. The works are assessed as satisfactory. No alterations are proposed to the overland flow path or the Watercycle Management Plan previously approved by Council. All new units would be constructed above the 1:100 year flood level.

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 March 2011 and 5 April 2011 and then between 14 April 2011 and 28 April 2011 (due to submission of amended plans) in accordance with Council’s Notification and Exhibition Development Control Plan. During these periods, Council received no submissions. The map below illustrates the location of those nearby landowners who were notified of the development application.

NOTIFICATION PLAN

• PROPERTIES NOTIFIED

PROPERTY SUBJECT OF DEVELOPMENT

5.2 Public Agencies

The original development application was Integrated Development under the Act. Pursuant to Section 96 of the Act, the proposed modification was referred to the following agency for comments:

5.2.1 NSW Office of Water

The application was referred to the Office of Water for comments since minor works are proposed within the riparian corridor, the dam and the dwelling units are to be located within 40 metres of the watercourse. No objections are raised by the Office of Water.

5.2.2 Roads and Traffic Authority

The application was not referred to RTA as no alterations are proposed to the access from Old Northern Road.

5.2.3 Department of Planning

During the assessment of the original application, the Director-General of the Department of Planning issued a site compatibility certificate for the property required pursuant to Clause 24 of SEPP (Housing for Seniors or People with a Disability) 2004. The site compatibility certificate issued on 25 November 2008 advised that the development of 154 serviced self care dwellings is compatible with the surrounding environment. The proposed modification would result in the erection of 154 dwellings within the site. Therefore, no further assessment is required in this regard.

5.2.4 The Hills Shire Council

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

6. THE PUBLIC INTEREST

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

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

The application is considered to have satisfactorily addressed Council’s and relevant agencies’ criteria and would provide a development outcome that, on balance, would result in a positive impact for the community. Accordingly, it is considered that the approval of the proposed modifications to the unit designs and the landscaping works within the site would be in the public interest.

CONCLUSION

The application proposes to amend the approved Seniors Living Development by deleting forty-eight units and replacing them with fifty-two redesigned units to suit the current market for aged housing, erection of an acoustic fence along a section of the Old Northern Road frontage and the western boundary adjoining the Flower Power car park, amendments to the staging of the development by proposing six stages instead of five, amendments to the road layout, additional car parking, deletion of one meeting room, addition of a workshop, minor amendments to the riparian corridor, removal of some trees and reconstruction of the dam swale.

The development is substantially the same as originally approved and is permissible pursuant to the provisions of Section 96(2) of the Environmental Planning and Assessment Act. The environmental impacts of the proposed modification is assessed as satisfactory against section 79(c) of the Environmental Planning and Assessment Act 1979 and the State Environmental Planning Policy (Housing for Seniors and Disabled) 2004.

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.

Rod Pickles

Manager - Assessment Team 2

Planning Division

Scott Phillips

Executive Manager

Planning Division

Attachments:

1.View	Locality Plan
2.View	Overlay of Modified Layout over Approved Site Layout
3.View	Revised Staging Plan
4.View	Site plan and Part Site Plans
5.View	Shadow Diagrams
6.View	Shadow Diagram - 2
7.View	Streetscapes Plan
8.View	Landscape Plan and Tree Plan
9.View	Details of Acoustic Fence
10.View	Plan and Elevations of Workshop
11.View	Bin Enclosure Details
12.View	Amendments to Dam
13.View	Creeks 1 Works

File Reference: DA/1709/2007/E

Document Number: D01660135

SCHEDULE 1

Date of 1^st modification:	22 June 2009
Details of 1^ST modification:	Amend condition No. 80 relating to the timing of the payment of the Section 94 contributions.

Conditions Added:	Nil
Conditions Deleted:	Nil
Conditions Modified:	80

Date of 2^nd modification:	27 January 2010
Details of 2^nd modification:	Amend the approved plans to incorporate changes to the Stage 2 units’ roof form, and other minor amendments.

Conditions Added:	Nil
Conditions Deleted:	Nil
Conditions Modified:	1, 2

Date of 3^rd modification:	11 February 2010
Details of 3^rd modification:	Minor relocation of community centre building footprint, realignment of Blue Gum Drive, construction of a pathway with suitable for wheelchair access, external alterations to the community centre building, alterations to meeting room 1, stormwater connection from “pocket park” to the creek, construction of retaining walls, alterations to car spaces on the site

Conditions Added:	59A
Conditions Deleted:	Nil
Conditions Modified:	1, 2 and 57

Date of 4th modification:	25 August 2010
Details of this modification:	Modify Condition 5 to allow occupation of six units and a meeting room within stage 2 of the development prior to the completion of the main community facility.

Conditions Added:	Nil
Conditions Deleted:	Nil
Conditions Modified:	5

Date of 5th modification:	1 June 2011
Details of this modification:	Modify the approved dry bed on-site detention system by converting it to a permanent wet water quality control pond

Conditions Added:	33a, 76a, 76b, 122, 123
Conditions Deleted:	Nil
Conditions Modified:	1

Date of this modification:	6 July 2011
Details of this modification:	Section 96(2) modification to delete 48 units and replace by 52 units with modified unit layout, amend staging by proposing six stages instead of five, amendments to road layouts and levels, propose acoustic fence along a section of the road frontage, amend bin bay locations, remove trees including three heritage listed trees, minor amendments to the recreational garden along Blue Gum Drive, minor adjustments to the rock wall and landscape treatment around the dam, provision of substation adjacent to community facility and adjustment to the retaining wall around the Blue Gum High Forest. Amend description to increase the unit numbers to 154 instead of the approved 150.

Conditions Added:	2 (e – m), 16e, 2N, 36a, 44a, 46a, 45a, 54a, 54b, 54c, 54d, 54e, 61A, 70(a – d), 80a, 85A and 85B
Conditions Deleted:	36
Conditions Modified:	1, 2, 35, 42, 57, 64, 65, 66, 67, 69, 70, 123

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:

Survey Plan

*Drawing No.*	*Rev*	*Drawing title*	*Drawn by*	*Dated*
274-05		Survey drawing	Craig and Rhodes	12/2005

Architectural Plans

*Drawing No.*	*Rev*	*Drawing title*	*Drawn by*	*Dated*
Sheet 1	D	Site plan	A+N Design Pty Ltd	10.05.2011
DA02	C	Site plan. Area A level 1	NRP Architecture	19.11.09
DA03	D	Site plan. Area A level 2	NRP Architecture	12.10.09
DA04	D	Site plan. Area A level 3	NRP Architecture	12.10.09
DA05	D	Site plan. Area A level 4	NRP Architecture	13.10.09
DA06	F	Site plan. Area A level 5	NRP Architecture	23.10.09
Sheet 4	D	Part Site plan	A+N Design Pty Ltd	10.05.2011
Sheet 5	D	Part Site plan	A+N Design Pty Ltd	10.05.2011
Sheet 6	D	Part Site plan	A+N Design Pty Ltd	10.05.2011
Sheet 7	D	Part Site plan	A+N Design Pty Ltd	10.05.2011
Sheet 8	D	Part Site plan	A+N Design Pty Ltd	10.05.2011
DA13	B	Site plan. Area E level 1	NRP Architecture	20.06.08
DA14	B	Site plan. Area E level 2	NRP Architecture	20.06.08
DA15	B	Site plan. Area E level 3	NRP Architecture	20.06.08
DA16	B	Unit type A and B. Plan elevation and section	NRP Architecture	13.10.09
DA17	B	Unit type C. Plan elevation and section	NRP Architecture	14.10.09
DA21	B	Unit type J and J1. Plan elevation and section	NRP Architecture	12.11.09
DA22		Unit type L. Plan elevation and section	NRP Architecture	06.11.07
DA23		Unit type M and M1.Plan elevation and section	NRP Architecture	14.04.08
DA24	A	Unit type N. Plan elevation and section	NRP Architecture	14.04.08
Sheet 1	A	Floor Plans RV5-A	A+N Design Pty Ltd	28.02.2011
Sheet 2	A	Elevations RV5-A	A+N Design Pty Ltd	28.02.2011
Sheet 3	A	Floor Plans RV7	A+N Design Pty Ltd	28.02.2011
Sheet 4	A	Elevations RV7	A+N Design Pty Ltd	28.02.2011
Sheet 5	A	Floor Plans RV7-A	A+N Design Pty Ltd	28.02.2011
Sheet 6	A	Elevations RV7-A	A+N Design Pty Ltd	28.02.2011
Sheet 7	A	Floor Plans RV8-A	A+N Design Pty Ltd	28.02.2011
Sheet 8	A	Elevations RV8-A	A+N Design Pty Ltd	28.02.2011
Sheet 9	A	Floor Plans RV9-A	A+N Design Pty Ltd	28.02.2011
Sheet 10	A	Elevations RV9-A	A+N Design Pty Ltd	28.02.2011
Sheet 11	A	Floor Plans RV10-A	A+N Design Pty Ltd	28.02.2011
Sheet 12	A	Elevations RV10-A	A+N Design Pty Ltd	28.02.2011
Sheet 13	A	Floor Plans RV11-A Lower	A+N Design Pty Ltd	28.02.2011
Sheet 14	A	Floor Plans RV11-A Upper	A+N Design Pty Ltd	28.02.2011
Sheet 15	A	Elevations RV11-A	A+N Design Pty Ltd	28.02.2011
Sheet 16	A	Floor Plans RV12-A	A+N Design Pty Ltd	28.02.2011
Sheet 17	A	Elevations RV12-A	A+N Design Pty Ltd	28.02.2011
Sheet 18	A	Floor Plans RV13	A+N Design Pty Ltd	28.02.2011
Sheet 19	A	Elevations RV13	A+N Design Pty Ltd	28.02.2011
Sheet 20	A	Plans RV14	A+N Design Pty Ltd	28.02.2011
Sheet 21	A	Elevations RV14	A+N Design Pty Ltd	28.02.2011
Sheet 22	A	Plans Workshop	A+N Design Pty Ltd	28.02.2011
Sheet 23	A	Elevations Workshop	A+N Design Pty Ltd	28.02.2011
DA25	C	Site sections	NRP Architecture	19.10.09
DA26	B	Site sections	NRP Architecture	30.06.08
DA27	A	Site elevations	NRP Architecture	30.06.08
Sheet 9	E	Streetscapes	A+N Design Pty Ltd	10.05.11
DA28	C	Community centre plans elevations and section	NRP Architecture	10.12.09
DA29		Perspective unit type A and C	NRP Architecture	06.11.07
DA32		Perspective community centre Blue Gum Drive	NRP Architecture	06.11.07
DA33	A	Meeting rooms plan elevations and sections	NRP Architecture	10.12.09
Sheet 2	D	Staging Plan	A+N Design Pty Ltd	10.05.2011
Fig 5		Garbage Enclosures	NRP Architecture	31.01.08
Fig 6	B	Garbage Enclosure Plan	NRP Architecture	14.04.08
Fig 5		Demolition Plan	NRP Architecture	July 2007
DA-001	A	Typical Awning Details	NRP Architecture	20.01.10

Landscape Plans

*Drawing No.*	*Rev*	*Drawing title*	*Drawn by*	*Dated*
LP00	C	Landscape Site Plan, stages 4 and 5	John Lock and Associates	8.04.11

LA02	G	Landscape Plan	Taylor Brammer	19.06.08
LP02	C	Landscape Plan	John Lock and Associates	8.04.11
LP03	C	Landscape Plan	John Lock and Associates	8.04.11
LP04		Landscape Plan	John Lock and Associates	8.04.11
LP05	C	Landscape Plan	John Lock and Associates	8.04.11
LP06	C	Landscape Plan	John Lock and Associates	8.04.11
LA03	G	Landscape Plan	Taylor Brammer	19.06.08
LA04	G	Landscape Plan	Taylor Brammer	19.06.08
LA05	G	Plant Schedule	Taylor Brammer	19.06.08
LA06	B	Landscape Sections	Taylor Brammer	02.05.08
LP07	A	Elevations and Sections	John Lock and Associates	28.02.11
LP08	A	Elevations and Sections	John Lock and Associates	28.02.11
LP09	A	Landscape details Dam treatment	John Lock and Associates	28.02.11
LP10	A	Landscape details Community Park	John Lock and Associates	28.02.11
LP11	A	Planting Details	John Lock and Associates	28.02.11
LP13	A	Landscape details Stages 4 and 5	John Lock and Associates	28.02.11
LA07	B	Landscape Sections	Taylor Brammer	02.05.08
LA08	B	Landscape Sections	Taylor Brammer	02.05.08
TP01	P	Tree Removals Plan	Taylor Brammer	24.06.08
LA01	C	Rainwater Garden-Option 1	Taylor Brammer	24.02.11

Stormwater, Erosion and Sediment Control Plans

*Drawing No.*	*Rev*	*Drawing title*	*Drawn by*	*Dated*
05P735-E1	2	Sediment and Erosion Control Notes Legends and Details Sheet 1 of 5	Hughes Truman	03.03.11
05P735-E2 –	3	Sediment and Erosion Control Plan Stage 2 & 3 Sheet 2 of 5	Hughes Truman	03.03.11
05P735-E3	3	Sediment and Erosion Control Plan Stage 4 Sheet 3 of 5	Hughes Truman	03.03.11
05P735-E4	3	Sediment and Erosion Control Plan Stage 5 Sheet 4 of 5	Hughes Truman	03.03.11
05P735-E5	3	Sediment and Erosion Control Plan Stage 6 Sheet 5 of 5	Hughes Truman	03.03.11
05P735-D1	11	Site Plan Sheet 1 of 6	Hughes Truman	24.05.11
05P735-D2	3	Creek 1 Sections Sheet 2 of 6	Hughes Truman	03.03.11
05P735-D3	3	Creek 2 Sections Sheet 3 of 6	Hughes Truman	03.03.11
05P735-D6	4	Overflow Creek Sections Sheet 5 of 6	Hughes Truman	03.03.11
05P735-D8	A	Stormwater Details	Hughes Trueman	24.05.11
05P735-05	2	Raingarden Adjustment details	Hughes Truman	13.04.11

Vegetation Management and Creek Restoration Plans

*Drawing No.*	*Rev*	*Drawing title*	*Drawn by*	*Dated*
Schedule 1	S1	Vegetation Management Works	Travers Environmental	09.09.08
Schedule 2.1	S2	Creek and Blue Gum High Forest Restoration Plan – Bluegum High Forest Conservation Area	Travers Environmental	23.12.09
Schedule 2.2	S12.2	Creek Restoration Plan – Upper Riparian Corridor	Travers Environmental	10.09.08
Figure 7	C	Creek 1 Remedial Works Plan	Hughes Trueman	03.03.11
Figure 8	C	Basin 2 Plan	Hughes Trueman	03.03.11

Civil Services Plans

*Drawing No.*	*Rev*	*Drawing title*	*Drawn by*	*Dated*
MPH-01	P8	Masterplan – Sewer Services	GDK Hydraulics Consulting	23.06.08
MPH-02	P7	Masterplan – Landscape Watering, Domestic Water, Fire Hydrant & Gas	GDK Hydraulics Consulting	23.06.08
MPH-03	P6	Masterplan – Rainwater Harvesting Services	GDK Hydraulics Consulting	23.06.08

Supporting Reports and Information

*Document No.*	*Prepared by*	*Dated*
DA34 Shadow Diagrams Sheet 1	NRP Architecture	06.11.07
DA35- Shadow Diagrams Sheet 2	NRP Architecture	06.11.07
Shadow Diagrams – Sheet 10 Rev D	A+ N Design Pty Ltd	10.05.11
Shadow Diagrams – Sheet 11 Rev D	A+ N Design Pty Ltd	10.05.11
Shadow Diagrams – Sheet 12 Rev D	A+ N Design Pty Ltd	10.05.11
Comparison Plan-Sheet 3 Rev D	A+ N Design Pty Ltd	10.05.11
LP-01 Tree Plan	John Lock and Associated	25.03.11
Statement of Environmental Effects Glenhaven Green Stages 2-5	Smyth Planning	Nov 2007
Statement of Environmental Effects Stages 2 – 6	Smyth Planning	8.03.11
Statement of Environmental Effects Glenhaven Green Stages 2-5 Addendum	Smyth Planning	18.03.11
Vegetation Management Plan (Ref:8039 VMP) (D01004663)	Travers Environmental	Sept 08
Ecology Assessment Letter	Travers Bushfire and Ecology	23.12.09
Ecology Assessment Report-Addendum	Travers Bushfire and Ecology	23.03.11
Ecologist Report	Travers Bushfire and Ecology	09.03.11
Water Cycle Management Plan (D00953218)	Hughes Trueman	1.07.08
Flood Modelling Investigation-Addendum	Hughes Trueman	24.05.11
Glenhaven Green Village Rules (D01004650)	ARV	Oct 2002
Environment & Construction Management Plan (D00953217)	Hughes Trueman	1.07.08
Tree Assessment – 599 Old Northern Road, 603 Old Northern Road, 607 Old Northern Road (D00953215)	Stuart Pittendrigh	June 2008
Tree Assessment Report – Addendum	Stuart Pittendrigh	14.12.09
Tree Assessment Report-Addendum	Stuart Pittendrigh	14.12.09
Garbage Enclosure Schedule (D00962361)	Unknown	Received 14.07.08
Waste Management Plan (D00849085)	Smyth Planning	04.02.08
Sewer pump out calculations (D00852808)	Unknown	Received 01.02.08
Letter on Overland Flow Path	Hughes Truman	9 July 2008
Letter on proposed alterations to Stage 1/2 Raingarden	Hughes Truman	13.04.11
Letter on Reviewed Modelling for raingarden	Hughes Truman	10.03.11
Glenhaven Raingarden Work Area Plan	Co-ordinated Landscapes	3.03.11
Glenhaven Raingarden Silt/Erosion Control Plan	Co-ordinated Landscapes	3.03.11
Circular Planters Installation and Road Closure Plan	Co-ordinated Landscapes	3.03.11
ARV Services Statement	ARV	Undated
Flora and Fauna Report	Conacher Travers	Nov 2006
Access for people with a disability	Access Associates Sydney	Nov 2007
Access Report-Section 96 Review	Access Associates Sydney	Feb 2011
Access Report addendum	Access Associates Sydney	29.03.11
Assessment of Traffic Noise Intrusion	Acoustic Logic Consultancy	07.11.07
Acoustic Report	Wilkinson Murray Pty Ltd	24.02.11
Acoustic Statement Addendum	Wilkinson Murray Pty Ltd	1.04.11
Traffic, Parking and Access Report	GTA Consultants	07.11.07
Traffic and Parking Report Section 96 review	Transport and Traffic Planning Associates	March 2011
Traffic and Parking Report Addendum	Transport and Traffic Planning Associates	March 2011
BASIX Certificate 151507M_02		23.11.09
BASIX Certificate 362882M	Benchmark Building Certifiers	1.03.11
Schedule of Finishes		Nov 07
Schedule of Finishes	A+N Designs Pty Ltd	Received by Council on 9.03.11
Hazardous Materials Survey. 599 Old Northern Road Glenhaven Report E523.1 AA	EI Australia	23.12.05
Hazardous Materials Survey. 601 Old Northern Road Glenhaven Report E524.1 AA	EI Australia	22.12.05
Hazardous Materials Survey. 603 Old Northern Road Glenhaven Report E525.1 AA	EI Australia	10.02.06
Hazardous Materials Survey. 607 Old Northern Road Glenhaven Report E526.1AA	EI Australia	30.12.05
Environmental Site Assessment 599-601 Old Northern Road Glenhaven	EI Australia	28.02.06
Environmental Site Assessment 603 Old Northern Road Glenhaven	EI Australia	19.05.06
Environmental Site Assessment 607 Old Northern Road Glenhaven	EI Australia	07.08.06
Remediation Action Plan. 607 Old Northern Road Glenhaven	EI Australia	20.10.06

Amendment of Plans

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

a) Deleted

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

c) Deleted

d) Deleted

e) The following approved plans are to be amended to include floor plans of all dwelling units as approved under DA/1709/2007/C:

*Drawing No.*	*Rev*	*Drawing title*	*Drawn by*	*Dated*
Sheet 7 –	D	Part Site plan	A+N Design Pty Ltd	10.05.2011
Sheet 8 -	D	Part Site plan	A+N Design Pty Ltd	10.05.2011

f) The following approved plans are to be amended to include floor plans of all dwelling units as approved under DA/1709/2007/E and approved landscape details:

*Drawing No.*	*Rev*	*Drawing title*	*Drawn by*	*Dated*
DA25	C	Site sections	NRP Architecture	19.10.09
DA26	B	Site sections	NRP Architecture	30.06.08
DA27	A	Site elevations	NRP Architecture	30.06.08
LA02	G	Landscape Plan	Taylor Brammer	19.06.08
LA07	B	Landscape Sections	Taylor Brammer	02.05.08
LA08	B	Landscape Sections	Taylor Brammer	02.05.08
MPH-01	P8	Masterplan - Sewer Services	GDK Hydraulics Consulting	23.06.08
MPH-02	P7	Masterplan - Landscape Watering, Domestic Water, Fire Hydrant & Gas	GDK Hydraulics Consulting	23.06.08
MPH-03	P6	Masterplan - Rainwater Harvesting Services	GDK Hydraulics Consulting	23.06.08

g) The approved plan DA33- Meeting Rooms plan, elevations and sections prepared by NRP Architecture dated 10.12.09 is to be amended to delete Meeting Room 2.

h) The approved “Figure 5- Garbage Enclosures prepared by NRP Architecture dated 31.01.08” is to be amended to include the details submitted in “Sheet 14 Rev D” prepared by A+ N Design Pty Ltd and received by Council on 10.05.11.

i) The approved “Figure 6- Garbage Enclosures prepared by NRP Architecture dated 31.01.08” is to be amended to include the details submitted in “Sheet 13 Rev D” prepared by A+ N Design Pty Ltd and received by Council on 10.05.11.

j) The tree numbering in LP-01 (Tree Plan) prepared by John Lock and Associates dated 25.03.11 is to be corrected so that the tree numbers are the same as in the approved plan TP01-rev P Tree Removals Plan prepared by Taylor Brammer dated 24.06.08.

k) The following supporting documentation must be amended to include the unit layouts approved under DA/1709/2007/E

*Document Name*	*Prepared By*	*Dated*
DA34 Shadow Diagrams Sheet 1 – to be amended to include new layout	NRP Architecture	06.11.07
DA35- Shadow Diagrams Sheet 2 – to be amended to include new layout	NRP Architecture	06.11.07

l) The approved BASIX Certificate 151507M_02 dated 23.11.09 must be amended to delete the unit types that have been excluded from the site plan under DA/1709/2007/E

m) The Water Cycle Management Plan (D00953218) prepared by Hughes Trueman dated 1.07.08 is to be amended to include the figures as listed below and included in this development consent:

*Figure name*	*Prepared By*	*Dated*
Existing Site Layout – Figure 1C	Hughes Trueman	03.03.11
Existing Catchment Plan – Figure 2C	Hughes Trueman	03.03.11
Proposed Site Plan – Figure 3D	Hughes Trueman	28.03.11
Proposed Catchment Plan– Figure 4D	Hughes Trueman	28.03.11
Stormwater Quality Catchment Plan – Figure 5C	Hughes Trueman	03.03.11
Water Cycle Management Plan overall – Figure 6C	Hughes Trueman	03.03.11
Creek 1 Works – Figure 7C	Hughes Trueman	03.03.11
Basin 2 Plan – Figure 8C	Hughes Trueman	03.03.11
Basin 2 Cross Sections – Figure 9C	Hughes Trueman	03.03.11
Creek 1 Raingarden Details – Figure 10C	Hughes Trueman	03.03.11
Creek 2 Plan – Figure 11D	Hughes Trueman	28.03.11
Creek 2 Cross Sections– Figure 12C	Hughes Trueman	03.03.11
Creek 2 Raingarden Details – Figure 13C	Hughes Trueman	03.03.11
Dam Overflow Swale Plan and Details – Figure 14E	Hughes Trueman	24.05.11
Dam overflow Long Sections – Figure 15C	Hughes Trueman	03.03.11

2N. Removal and retention of Trees

a) DA/1709/2007/E permits the removal of trees no. 39, 68, 129, 130 and 131 as marked in red in the LP-01 (Tree Plan) prepared by John Lock and Associates dated 25.03.11.

b) Trees Nos. 37, 38, 134, 135 and 141 as identified in LP-01 (Tree Plan) prepared by John Lock and Associates dated 25.03.11 must be retained.

Note: Certain tree nos. in LP-01 (Tree Plan) prepared by John Lock and Associates dated 25.03.11 are incorrect as the trees have been numbered twice. Only those trees that have been specifically marked in red with a cross sign in the above plan are permitted to be removed under DA/1709/2007/E.

The trees identified in condition 3(b) have been identified in LP-01 (Tree Plan) prepared by John Lock and Associates dated 25.03.11. These trees are to be retained in accordance with the Statement of Environmental Effects submitted in conjunction with DA/1709/2007/E.

The tree numbers in LP-01 (Tree Plan) prepared by John Lock and Associates dated 25.03.11 are to be updated in accordance with condition 2(j) of this development consent.

Access and Mobility

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

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

a) home delivered meals, and

b) personal care and home nursing services, and

c) assistance with housework and cleaning services.

Occupation

5. The occupation certificate for the developments in Stage 2 to be issued in the following way:

· Occupation Certificate for a maximum of six dwellings and one meeting room (Meeting Room 1 as indicated in the site plan) to be issued prior to the completion of the community centre.

· The occupation certificate for the remaining dwellings to be issued after the completion of the main community facility within the complex

· The community facility within stage 2 of the development must be completed by October 2010.

· Section 94 contributions in accordance with Condition 80 are to be paid for six dwellings prior to the issue of the occupation certificate.

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

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

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

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

ii) community services and recreation facilities, and

iii) the practice of a general medical practitioner, and

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

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

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

a) seniors, or people with a disability,

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

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

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

Acoustic Privacy

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

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

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

Utility Services

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

12. A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation.

Please refer to the Building Developing and Plumbing section of the web site www.sydneywater.com.au or telephone 13 20 92 for assistance.

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

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

Building Code of Australia

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

Demolition

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

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

Asbestos Removal

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

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

c) The collection, storage, transportation or disposal of any type of asbestos waste is to comply with the requirements of clause 29 of the Protection of the Environment Operations (Waste) Regulation 1996.

d) Upon completion of disposal operations, the applicant must lodge with the principal certifying authority, within seven (7) days, all receipts (or certified photocopies) issued by the receiving landfill site as evidence of proper disposal.

Note: The person responsible for disposing of the asbestos material shall consult with the Environment Protection Authority to determine the location of an approved landfill site to receive asbestos material.

e) Should the presence of asbestos or soil contamination, not recognised during the application process be identified during demolition or construction works, the applicant must immediately notify the Principal Certifying Authority and Council.

Hours of Construction

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

Long Service Levy

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

Home Building Act 1989

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

Fire Safety Schedule

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

Fire Safety Certificate – Final

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

Fire Safety Statement - Annual

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

Retaining Walls

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

23a. The sandstone boulders to be placed against the retaining walls within Pocket Park must be of a variety that traps and retains heat.

Note: This condition ensures that the on-ground habitat within the Pocket Park is improved.

Engineering Works

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

a) Australian Rainfall and Run-Off

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

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

Road Network, Parking and Loading

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

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

Drainage – On Site Detention

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

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

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

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

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

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

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

Wet Detention Basin

33a. Wet detention basin shall be constructed in accordance with Hornsby Shire Council’s Sustainable Water Development Control Plan and Best Practices and certified from an appropriately qualified engineer.

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

Overland Flowpath and Restriction as to User

35. The proposed culvert structure and the overland flow path from the “Flower Power Dam” to the water course shall be constructed in accordance to the “Flood Study Report”, prepared by Hughes Trueman Pty Ltd (Council’s record D00975207) and the “Flood Modelling Investigation-Addendum” prepared by Hughes Trueman dated 24.05.11 (D01679133) for a 100 year ARI storm event. The floor levels of the units and garages abutting the flowpath (complying with a minimum 500mm and 300mm above 100 year flow level) shall be constructed in accordance with the levels contained in the report. Prior to works proceeding beyond the floor level, a registered surveyor is to confirm that the floor levels have been built to the requirements.

36. Deleted

Easement to Drain Water

36a. Prior to the issue of an occupation certificate, an easement to drain water must be created in favour of Lot 476 DP 752053 over the proposed culvert structure and overflow swale that conveys the flows from the Flower Power Dam to Blue Gum Creek.

Road Signs

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

Bridges/Culverts

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

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

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

Boundary Screen Planting (Western Boundary)

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

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

Boundary Planting (Eastern Boundary)

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

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

Boundary Screen Planting (Old Northern Road Boundary)

42. Planting and construction work associated with the new acoustic fence to Old Northern Road is to ensure that all existing native screen planting located in this area is protected and retained to complement the proposed new additional screen planting.

Landscape Works To All Areas – Plant sizes and densities

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

Landscape Certification

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

Landscape establishment

44a. The landscape works must be maintained into the future to ensure the establishment and successful growth of plant material to meet the intent of the landscape design. This must include but not be limited to watering, weeding, replacement of failed plant material and promoting the growth of plants through standard industry practices.

Waste Minimisation and Management

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

45a. Construction of “Bin Compound 6” as marked in “Sheet 13 Rev D prepared by A+ N Design Pty Ltd and received by Council on 10.05.11” of Stage 6 must be completed prior to occupation of Dwellings 58A and 59A in stage 5.

Note: This condition ensures that all dwellings are located within 60 metres of a bin enclosure.

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

46a. The bin enclosure layout plan and elevations as detailed in “Sheet 14 Rev D prepared by A+ N Design Pty Ltd and received by Council on 10.05.11” must be specifically designed as follows:

a. Bin Compounds 1 and 2 must accommodate a minimum of 6 garbage bins, 3 recycling bins and 1 green waste bin

b. Bin Compound 3 must accommodate a minimum of 3 garbage bins, 2 recycling bins and 1 green waste bin

c. Bin Compounds 4 and 5 must accommodate a minimum of 4 garbage bins, 2 recycling bins and 1 green waste bin.

d. Bin Compound 6 must accommodate bins of sufficient volume to contain the quantity of waste expected to be generated by the dwellings using it (at a rate of 110 litres per dwelling per week for garbage and 50 litres per dwelling per week for recycling) plus one green waste bin.

Note: Each bin would have a volume of 240 litres, the dimensions being 580 mm wide, 715 mm deep and 1080 mm high

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

Environmental Sustainability

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

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

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

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

52. All wastewater and stormwater treatment devices (including drainage systems, sumps and traps) must be regularly maintained in order to remain effective. All solid and liquid wastes collected from the device must be disposed of in accordance with the Protection of the Environment Operations Act 1997.

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

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

54a. 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.

54b. 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.

Site Remediation Verification

54c. The applicant must provide documentation from a suitably qualified environmental consultant verifying that the entire site has been remediated in accordance with the NSW Environment Protection Authority’s Contaminated Sites – Guidelines for Consultants Reporting on Contaminated Sites, the Contaminated Sites- Sampling Design Guidelines Contaminated Sites – Guidelines for the NSW Site Auditor Scheme and the recommendations of the Remediation Action Plan prepared by Environmental Investigations dated 20 October 2006.

54d. A validation report must be prepared by a suitably qualified environmental consultant in accordance with the NSW Environment Protection Authority’s Contaminated Sites – Guidelines for Consultants Reporting on Contaminated Sites and Contaminated Sites – Sampling Design Guidelines validating that the proposed development has been remediated and is suitable for its intended use. The validation report is to be submitted to Council for approval.

54e. All land fill from the proposed area of “zone of contaminated fill” as identified in the “Site Plan DA01-Rev D” prepared by A+N Design Pty Ltd and received by Council on 10.05.11 must be removed prior to the commencement of works for Stage 4 of the development and the site remediated in accordance with condition 54c and d.

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

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

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

Compaction

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

Tree Trunk Protection

57. To avoid mechanical injury or damage, trees numbered 176, 175, 166, 165, 159, 158, 157, 156, 43, 37, 38, 68, 34, 33, 49, 70, 71, 191, 196 and 197 are to have their trunks protected by 2m lengths of 75mm x 25mm (recycled) hardwood timbers spaced at 80mm secured with galvanised wire (not fixed or nailed to the tree in any way). Trunk protection is to be installed prior to the issue of a construction certificate and maintained in good condition for the duration of the construction period.

Note: The trees referred to in the above condition are numbered in accordance with TP01 ver P prepared by Taylor Brammer dated 24.06.2008.

Tree Fencing

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

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

59A. Tree protection fencing must be erected around trees numbered 213 and 215 to be retained at a four metre setback. The tree fencing must be constructed of 1.8 metre ‘cyclone chainmesh fence’ or star pickets spaced at 2 metre intervals, connected by a continuous high-visibility barrier/hazard mesh at a height of 1 metre.

60. Where Tree Protection Fencing obstructs construction, the fencing shall be placed no closer than 2000mm from the edge of the trees trunk & Tree Trunk Protection & Compaction techniques (per Condition Nos. 56 and 57) shall be emplaced for the duration of the particular work inside the CRZ.

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

61A. All required tree protection measures are to be maintained in good condition for the duration of the construction period.

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

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.

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

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

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

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

Note: The trees referred to in the above condition are numbered in accordance with TP-01 version P prepared by Taylor Brammer dated 24.06.2008.

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

Note: The trees referred to in the above condition are numbered in accordance with TP01 version P prepared by Taylor Brammer dated 24.06.2008.

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

Note: The trees referred in the above condition are numbered in accordance with TP01 version P prepared by Taylor Brammer dated 24.06.2008.

Driveways/ Pathways – Trees 34, 37

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

Note: The trees referred to in the above condition are numbered in accordance with TP01 version P prepared by Taylor Brammer dated 24.06.2008.

Tree Removals

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

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

Note: The trees referred to in the above condition are numbered in accordance with TP01 version P prepared by Taylor Brammer dated 24.06.2008.

Maintain Canopy Cover and Replacement Planting

70. To maintain local tree canopy cover, a minimum 120 medium to large trees, such as Eucalyptus paniculata (Grey Ironbark), Angophora floribunda ((Rough-bark Apple) or Syncarpia glomulifera (Turpentine) are to be planted on the subject site in accordance with condition 70b of this development consent.

70a. Planting as identified in LP-01 (Tree Plan) prepared by John Lock and Associates dated 25.03.11, to replace the removal of the three Radiata Pine Trees (marked as 129, 130 and 131 in the plan) is to be undertaken in accordance with the plan and as stated in condition 70b of this development consent.

70b. The planting location shall not be within 4 metres of the foundation walls of a dwelling or in-ground pool. The pot size is to be a minimum 25 litres and the trees must be maintained and protected until they reach the height of 3 metres. Trees must be locally indigenous, from local plant stock (preferably), reach a mature height greater than 12 metres and have a life span greater than 20 years.

70c. Shrub species that typically occur within Blue Gum High Forest must be strategically planted to enhance the natural floristic and habitat value of the Pocket Park.

Note: Selected species should be such as those recommended in Schedule 2.1 of the approved Creek Restoration Plan – prepared by Conachers Travers 2008 (Doc DO1077810).

70d. Trees that are significantly affected (damage to the core structural root zone), should be removed and replaced with planted trees of the same species. The replacement trees are to be obtained from a recognised native nursery that is certified free of Myrtle Rust. Receipts of purchased trees are to be retained and provided to certifier.

Tree Removal Prohibited

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

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

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

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

General Bushland Conditions of Consent

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

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

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

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

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

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

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

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

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

76a. All planted aquatic macrophyte plants are to consist of locally occurring native plant species (as formally advised by a qualified and experienced ecologist) that are planted at a density to prevent the establishment of terrestrial and aquatic weeds. Aquatic macrophytes are to be planted at a minimum density of 5 plants per square metre. A minimum of 3 plants per square metre is to be planted on the embankments to ensure good native vegetation cover.

76b. The approved wet water pond is to be maintained on a permanent basis including monitoring the occurrence of noxious weeds such as Ludwigia peruviana, Alligator Weed and Brazilian Milfoil. If these weeds are detected they are to be removed immediately and disposed at an authorised waste disposal facility.

Traffic and Road Safety

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

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

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

s94 Infrastructure Contributions

80. The payment to Council of a contribution of $1,393,987.50* for 150 additional dwellings towards the cost of infrastructure identified in Council’s Development Contributions Plan 2007-2011.

The contribution is to be paid prior to the issue of an Occupation Certificate for the relevant number of dwelling completed in each release stage or sub-stage.

Note: * The value of contribution is based on a rate of $9293.25 per dwelling and is current as at 17 December 2008. 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.

80a. The payment to Council of a contribution of $39,420.20 for four additional dwellings 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 $9855.10 per dwelling and is current as at 31 May 2010. 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 confirm the value of the contribution prior to payment.

Roads and Traffic Authority

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

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

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

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

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

Fulfillment of BASIX Commitments

85A. The applicant must demonstrate the fulfilment of BASIX commitments pertaining to the development prior to the issue of the Occupation Certificate.

Hours of Operation

85B. The hours of operation of the proposed men’s shed must be restricted between 7 am and 7 pm on all days.

Department Of Water and Energy (General Terms of Approval)

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

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

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

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

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

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

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

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

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

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

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

· Construct a dam.

· Construct a levee.

· Divert any part of Protected Waters.

· Irrigate from any of the above.

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

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

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

· The stability of Protected Waters and their associated environments.

· The flow of Protected Waters.

· The quality of Protected Waters.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Amended Controlled Activity Approval

122. An amended Controlled Activity Approval (CAA) is to be obtained from the NSW Office of Water prior to commencement of any works within the riparian area pursuant to DA/1709/2007/F.

Note: An administration charge of $ 136 would apply for any amendment to the CAA.

Further information on Controlled Activity Approvals and Water Management Act 2000 can be obtained from http://www.water.nsw.gov.au/Water-Licensing/Approvals/Controlled-activities/default.aspx

123. All Sediment and Erosion control works in the near vicinity of the wet water on-site detention basin must be undertaken in accordance with the details approved under DA/1709/2007/F and the conditions of this development consent.

- 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.

Principal Certifying Authority

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

Notifying Council of Commencement of Works

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

Signs for Construction Sites

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

Signs for Demolition Sites

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

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

Signs for Construction Sites

Construction Certificate –Engineering Works

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

a) copies of compliance certificates relied upon

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

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

Inspections – Engineering

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

Rainwater tanks

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

Tree Preservation Order

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

Threatened Species Conservation Act 1995

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

NSW Department of Primary Industries

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

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

Planning Report No. PLN47/11

Date of Meeting: 6/07/2011

2 DEVELOPMENT APPLICATION - MULTI-UNIT HOUSING DEVELOPMENT COMPRISING SEVENTEEN TOWNHOUSES AND STRATA SUBDIVISION
4 - 12 KITA ROAD, BEROWRA HEIGHTS

Development Application No:	DA/1615/2010
Description of Proposal:	Demolition of the existing structures and erection of a medium density multi-unit housing development comprising seventeen two-storey townhouses, car parking and strata subdivision
Property Description:	Lots 3, 4, 5, 6 and 7 DP 232401, Nos. 4 – 12 Kita Road, Berowra Heights
Applicant:	Assure NSW Pty Ltd
Owner:	Assure NSW Pty Ltd Mr Christopher Frank Dawes Mrs Vanessa Ruth Dawes Pamm (NSW) Pty Ltd.
Statutory Provisions:	Hornsby Shire Local Environmental Plan 1994 – Residential B (Medium Density) Zone
Estimated Value:	$ 3.4 million
Ward:	A

RECOMMENDATION

THAT Development Application No. 1615/2010 for the demolition of the existing structures and the erection of a medium density multi-unit housing development comprising seventeen two-storey townhouses, car parking and strata subdivision at Lots 3, 4, 5, 6 and 7 DP 232401, Nos. 4 – 12 Kita Road, Berowra Heights be approved subject to the conditions of consent detailed in Schedule 1 of this report.

EXECUTIVE SUMMARY

1. The application proposes the demolition of the existing structures and erection of a medium density multi-unit housing development comprising seventeen two-storey townhouses, car parking and strata subdivision.

2. The proposal generally complies with the provisions of the Hornsby Shire Local Environmental Plan 1994.

3. The proposal does not comply with the provisions of the Turner Road Commercial Centre Masterplan contained within Council’s Medium Density Multi-unit Housing Development Control Plan with regard to the location of accessway, pedestrian linkage within the precinct, amalgamation of the sites and the provision of a communal open space within the site.

4. Eleven submissions have been received in respect of the application from owners of ten properties (eight objections and three supporters).

5. It is recommended that the application be approved.

HISTORY OF THE SITE

The site has a history of low density residential use.

On 18 December 2002 Council refused DA/1986/2002 for the demolition of the existing structures and erection of a multi-unit housing development comprising seventy four dwellings on 2-12 Kita Road Berowra Heights.

On 6 April 2006 Council adopted the Turner Road Commercial Centre Masterplan. The subject site forms part of this Masterplan.

On 1 November 2007 the Land and Environment Court approved a medium density multi-unit housing development comprising ten two-storey townhouses and at-grade car parking at No. 3-5 Turner Road, which adjoins part of the northern boundary of the subject property. The approved development at 3-5 Turner Road incorporates a pedestrian pathway which could be connected to the site (subject to creation of rights-of-access) and is land identified within the Masterplan.

THE SITE

The site comprises four allotments known as 6-12 Kita Road, Berowra Heights. The subject property is irregular in shape with a 59.6 metres frontage to Kita Road. All allotments have separate access via driveways off Kita Road. The site slopes towards the street with an average slope of 6%.

No. 6 Kita Road is a battleaxe allotment forming the easternmost boundary of the site. Reciprocal rights-of-ways benefit the access handles for No. 6 Kita Road and the adjoining property at No. 4 Kita Road (Lot 3 DP 232401). The combined width of the driveway is 5.8 metres.

The current improvements on the site include one dwelling on each of the allotments and associated outbuildings. The allotments and the neighbouring properties accommodate a large number of trees including native and exotic species.

The site is surrounded by predominantly single and two-storey dwellings and commercial developments which comprises a mixture of one and two-storey buildings. The Marketplace shopping centre forms the western boundary of the site and the Berowra Village Centre is located in close proximity to the eastern boundary of the site. Shops located on the western side of the site have direct access from Kita Road. Rear yards of dwelling houses fronting Berowra Waters Road dominate the streetscape of Kita Road on the southern side. The site is located approximately 2.5 kilometres from the Berowra Railway Station and within 250 metres of a bus stop on Turner Road.

Kita Road ends as a cul-de-sac in close proximity to the access driveway of the allotment at No. 6. A road reserve is located between the end of the street and public open space land located at the corner of Turner Road and Berowra Waters Road. The Berowra Village Centre carpark adjoins the northern boundary of this reserve, being situated at a higher level on the western end. Further east, the land slopes up to be at the same level with the car park and then falls away gradually to Turner Road.

An embankment defines the shopping centre boundary due to the level changes on the western side of the reserve and steps are provided on this embankment for pedestrian access to the shopping centre. At grade access to the carpark can be obtained from this reserve at other points due to the upward slope of the land. A formal set of stairs is also provided near the medical centre building along with a pedestrian crossing within the carpark for direct pedestrian access to the Coles supermarket and speciality retail stores from this reserve. Currently an informal pedestrian trail exists within the reserve utilised by the Kita Road residents for access to the shopping centre car park and Council maintained open space and recreational area (Crossroads reserve).

THE PROPOSAL

The proposal involves the following:

· Demolition of the existing dwellings and outbuildings on the site.

· Erection of a medium density multi-unit housing development comprising seventeen two- storey town houses located in three separate blocks separated by driveways and private open-space areas.

· Access to the site is proposed off Kita Road. The proposal would utilise the existing combined driveway at No. 6 Kita Road and the adjoining allotment at No. 4 Kita Road to provide access to the site in the future. The width of this driveway would be 6 metres and it would be north-south orientated. A second internal driveway is proposed further north to provide access to the townhouses located at the rear of the site. This driveway would be east-west orientated with a car turning bay at the centre. A truck turning area is to be provided at the intersection of these two driveways being located within the neighbouring property. Consent from the adjoining neighbour has been provided with the application.

· Townhouse Nos. 1- 5 are to be located on the western side of the main driveway, perpendicular to Kita Road (east-west orientation). The townhouses would be two-storey in height with attached garages on the ground floor being accessed off this driveway. Private open space areas are to be located at the rear with a separate front courtyard providing pedestrian access to individual townhouses. The private open space area for townhouse No. 1 would be partly located in the setback fronting Kita Road. This townhouse would be adaptable with separate pedestrian access from Kita Road via a disabled ramp.

· Townhouses Nos. 14 – 17 are proposed to front Kita Road. Pedestrian access is provided to the individual townhouses from Kita Road through a landscaped front courtyard. The two-storey townhouses would have private open space areas at the rear. Detached garages, located on the northern side would front the internal driveway.

· Townhouses 6 – 8 are proposed to be located at the end of the main driveway. These townhouses would be two-storeys in height with attached garages. Townhouse No. 6 is proposed to be adaptable. Private open space areas are located to the north of theses townhouses.

· A row of townhouses (9 – 13) would be located towards the rear of the site. Due to the slope of the land, these townhouses would incorporate individual garages at the basement level. The living areas would be located in two levels above the garage. The private open space areas would be located at the rear (north) and accessed from the ground floor.

· The development would include a mix of two and three bedroom townhouses. Typically primary living areas would be located on the ground floor and the bedrooms on the upper floor. The details of the floor areas of these townhouses are provided below:

Unit no.	Gross Floor Area	No. of Bedrooms	Car Spaces
Unit 1	112.9 m²	3 bedrooms	1
Unit 2	90.7 m²	3 bedrooms	1
Unit 3	90.97 m²	3 bedrooms	1
Unit 4	92.6 m²	3 bedrooms	1
Unit 5	71.9 m²	2 bedrooms	1
Unit 6	106.5 m²	3 bedrooms	1
Unit 7	90.4 m²	3 bedrooms	1
Unit 8	89.5 m²	3 bedrooms	1
Unit 9	109.14 m²	3 bedrooms	2
Unit 10	92.5 m²	3 bedrooms	1
Unit 11	92.5 m²	3 bedrooms	1
Unit 12	92.5 m²	3 bedrooms	1
Unit 13	92.5 m²	3 bedrooms	1
Unit 14	70.2 m²	2 bedrooms	1
Unit 15	74.56 m²	2 bedrooms	1
Unit 16	90.46 m²	3 bedrooms	1
Unit 17	100.8 m²	3 bedrooms	2
Total	1467.86 m²	48 bedrooms	19 car spaces

· In addition to the above, three visitors’ car spaces are proposed to be located at the entrance to the site adjoining townhouse 1.

· A common bin storage area is proposed to be located between townhouses 9 and 10 with a car wash bay being located in front of this storage area.

· The applicant proposes to construct a pathway through the road reserve providing a formal pedestrian access from Kita Road to the public open space located at the intersection of Turner Road and Berowra Waters Road. This pathway would also facilitate pedestrian access to the shopping centre via the existing stairs.

· Strata subdivision of the townhouses.

ASSESSMENT

1. STRATEGIC CONTEXT

1.1 Metropolitan Plan for Sydney 2036 and (Draft) North Subregional Strategy

The Draft North 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 seventeen additional medium density dwellings and would contribute towards housing choice in the locality.

2. STATUTORY CONTROLS

2.1 Hornsby Shire Local Environmental Plan 1994

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

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

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

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

The proposed development is defined as “multi-unit” housing under the HSLEP and is permissible in the zone with Council’s consent. The proposal would cater for the housing needs of the Hornsby area, would provide a variety of housing types that are compatible and within the environmental capacity of the medium density residential environment.

Clause 15 of the HSLEP prescribes that the maximum floor space ratio (FSR) of development within the Residential B zone is 0.6:1. The application satisfies this requirement by proposing a floor space ratio of 0.43:1.

Clause 18 of the HSLEP sets out heritage conservation provisions within the Hornsby area. The site does not accommodate a heritage item nor is located in the vicinity of a heritage item. The subject property is not located in a heritage conservation area. No further assessment in this regard is required.

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

The application has been assessed against the requirements of State Environmental Planning Policy No. 55. This Policy provides State-wide planning controls for soil contamination and proposed remedies.

The site has a history of residential land uses which would not typically result in soil contamination. Accordingly no further assessment in this regard is considered necessary.

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

The application has been assessed against the requirements of State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004.

The proposal includes a BASIX Certificate for the proposed townhouses and is considered to be satisfactory.

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

The application has been assessed against the requirements of Sydney Regional Environmental Plan No. 20 (SREP 20). This Policy provides controls to protect the environment of the Hawkesbury-Nepean system, including its water quality. SREP 20 addresses matters related to water quality, significant vegetation habitats, extraction, environmental heritage and scenic quality, recreation and tourism, and agriculture.

The proposal is consistent with the environmental capability of the site and includes a satisfactory Stormwater Management Plan. Subject to implementation of recommended conditions relating to sediment and erosion control, the development would prevent adverse impacts on water quality. The development complies with SREP 20 in this regard.

2.5 Berowra Cowan Development Control Plan

The application has been assessed against the requirements of Berowra Cowan Development Control Plan. The Plan aims to provide a detailed planning strategy and development guidelines to protect the natural and built environment of the Berowra Heights area. The compliance of the proposal with the relevant strategies within this DCP are discussed below:

2.5.1 Residential Strategy

The proposed development complies with the Residential Strategy element of the DCP as it would provide medium density housing in an area which is connected to a bus route and is located in close proximity to the commercial, retail and medical facilities of Berowra Heights.

2.6 Medium 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 Medium Density Multi-Unit Housing Development Control Plan (Medium Density DCP). The following table sets out the proposal’s compliance with the prescriptive standards of the Plan:

Medium Density Multi-Unit Housing Development Control Plan
Control	Proposal	Requirement	Compliance
Density	17 dwellings/3370 m²	17 dwellings/3390 m²	No
Minimum frontage	59.7m	30m	Yes
Site Cover	40%	40%	Yes
Setbacks Kita Road Western side Eastern side Rear	3m – 6m 0m 3m 6m	6m 0m 0m 0m	No Yes Yes Yes
Maximum building length	35m	30m	No
Maximum length of wall planes	10m	10m	Yes
Height to ceiling	7m	7m	Yes
Height to ceiling for single storey section	2.7m	3m	Yes
Height of basement above ground level for Townhouses 9 - 13	1m (max)	1m	Yes
Open Space Unit 1 Unit 2 Unit 3 Unit 4 Unit 5 Unit 6 Unit 7 Unit 8 Unit 9 Unit 10 Unit 11 Unit 12 Unit 13 Unit 14 Unit 15 Unit 16 Unit 17	60m² 63m² 64m² 63m² 40m² 63m² 60m² 66m² 70m² 101m² 67.5m² 68.2m² 75.17m² 42m² 42.5m² 63.2m² 63.1m²	60m² 60m² 60m² 60m² 40m² 60m² 60m² 60m² 60m² 60m² 60m² 60m² 60m² 40m² 40m² 60m² 60m²	Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Landscaping	46.5%	50% ( No requirement in Masterplan due to basement car parking)	No
Car parking Townhouses 1 and 6 Townhouses 9 and 17 Townhouses 2 – 5, 7, 8, 10- 16	1 space/townhouse 2 spaces/ townhouse 1 space/ townhouse	2 spaces/ townhouse 2 spaces/ townhouse 1 space/ townhouse	No Yes Yes
Visitors’ Parking	3 spaces	4 spaces@ 1 space/5 townhouses	No
Dimension of single garage	3m x 6m	3m x 6m	Yes
Minimum headroom for car parking	2.45m	2.3m	Yes
Width of driveway	6m	6m	Yes

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

2.6.1 Density

The proposal involves medium density residential development with varying sizes. Townhouses 5, 14 and 15 would have a gross floor area less than 75 sq metres (medium dwellings). All other townhouses would be categorised as large dwellings. Council’s Medium Density DCP requires the minimum site area for medium dwellings to be 150 sq metres and that for large dwellings to be 210 sq metres. Based on the above, the minimum site area required for seventeen dwellings is 3390 sq metres. The site has an area of 3370 sq metres which does not strictly comply with the above requirement.

However, this is considered to be a minor numerical non-compliance and would not result in the overdevelopment for the site. The proposal readily complies with Council’s FSR and site-coverage requirements and proposes a development that is within the environmental capacity of the site. Given the above, the non-compliance with regard to density is supported.

2.6.2 Privacy

The design of the development aims at maintaining visual privacy of the proposed townhouses. The rear yards and balconies would not front each other to retain privacy of the future residents. The first floor balcony of townhouse 4 has the opportunity to overlook onto the rear yards of townhouses 14-17. Screen planting is proposed along the boundaries separating the private open space areas to avoid adverse impacts. Further, the balcony would adjoin the secondary living spaces and would be separated by a minimum distance of 10 metres. It is considered that the location of the balcony would not have an adverse impact on the privacy of the townhouses located at 90 degrees to townhouse 4.

The proposed development is considered acceptable in regard to privacy and satisfies the element objective.

2.6.3 Solar Access

The Medium Density DCP requires that all medium density multi-unit housing developments should provide at least three hours of solar access to 50% of the private open spaces and to the north facing windows of the proposed and adjacent dwellings between 9 am and 3 pm during the winter solstice.

Townhouses 1, 3 – 12 and 17 would provide satisfactory solar access to the private open space areas during winter solstice and comply with the above requirement. Townhouses 2, 13, 14, 15 and 16 would provide three hours of solar access to the living room windows and two hours of solar access to the entire private open space area. The private open space areas for townhouses 13, 14, 15 and 16 are located on the northern side. However, they are partly overshadowed by the detached single storey garages located at the rear.

In this regard, it is noted that the Australian Model Code for Residential development (AMCORD) requires two hours of solar access to the ground level private open space areas (for areas with temperate and cool climate). Given that all townhouses provide at least two hours of solar access to the ground level private open space and that the rear yards of 70% of the townhouses would receive in excess of three hours of solar access during winter solstice, the proposal is considered to be acceptable.

The living area windows for the townhouses have been orientated to the north wherever possible and would receive more than three hours of solar access during Winter Solstice.

2.6.4 Open Space

The Medium Density DCP requires that 60 sq metres of private open space be provided to townhouses with a gross floor area of 85 to 125 sq metres and 40 sq metres of private open space be provided to townhouses with a gross floor area less than 85 sq metres.

The proposal complies with this requirement. The dwelling townhouses include landscaped front courtyards that would enhance the streetscape and the entrances. Due to the orientation of townhouse 1 and the location being at the corner of Kita Road and the entrance driveway, the private open space area of for this townhouse would be partly located within the setback area fronting Kita Road. The applicant proposes a low height front fence and screen planting along the length of the frontage in this section of the site to maintain privacy of the courtyard for townhouse 1. The design of the private open space and the proposed screening is considered satisfactory.

2.6.5 Setbacks, Landscaping and Building Design

The compliance of the proposal with regard to setbacks, landscaping and building design are discussed in section 2.7 of this report.

2.6.6 Vehicle Access and Parking

The development incorporates at grade parking provisions in the form of attached and detached garages. The proposal also includes three visitors’ spaces located at the entrance to the site.

The development includes one car space for Townhouses 1 and 6 which does not comply with the requirements of the Medium Density DCP. The applicant has argued that these two townhouses would be dedicated as adaptable townhouses. Therefore one car space is considered to be suitable to cater for the townhouses. This is considered to be a satisfactory outcome given that the gross floor areas of these townhouses are marginally over 100 sq metres.

Council’s Medium Density DCP requires four visitors’ parking spaces to be provided for seventeen dwellings. The proposal includes three spaces on the site. Given that two townhouses are adaptable, the three car spaces would suitably cater for the remaining fifteen townhouses. The proposal includes one space to be signposted for disabled parking on Kita Road in front of the pedestrian entrance to Townhouse 1. This is not considered acceptable as the disabled space is to be located on the street. It is noted that the proposed site plan includes a car wash bay in between townhouse 9 and 10 in front of the bin storage area. This area can suitably accommodate the required additional visitor’s car space and have sufficient room for bin manoeuvring and wheeling. This amendment to the development is recommended as a condition of consent. Given the above the proposal would comply with the requirements for the Medium Density DCP with regard to the provision of visitor’s car space.

The access driveway and the turning paths comply with Council’s requirement and with AS2890.1. The proposal is assessed as satisfactory with regard to vehicular access to the site.

2.6.7 Waste Management

The applicant proposes that the waste collection bins are to be stored in a common bin area located between townhouses 9 and 10, being at the same level as the basement garages. The bin storage area would accommodate twenty-eight bins for weekly and fortnightly collection which is considered sufficient to cater for the proposed development.

It is proposed that a site manager would be appointed to wheel the bins from the bin storage room to the footpath on Kita Road for collection. This system is prevalent in others part of the Shire and there are specific service providers that conduct such activities for townhouse and unit complexes efficiently. Given this, it is considered that the bin managing system would be appropriate for the development. Council’s Medium Density DCP requires the maximum bin wheeling distance to be 75 metres. The proposal complies within this requirement. Sufficient frontage is available on Kita Road to accommodate twenty bins every week.

Currently, Council undertakes monthly clean up services for unwanted bulky items within townhouse developments with shared bin systems. An area of approximately 10 sq metres is required to be allocated within 6 metres of the entrance to the site to store such items. This requirement is recommended as a condition of consent. It is noted that there is sufficient space adjoining the visitors’ parking spaces to accommodate such a facility.

2.6.8 Fencing

The proposal includes a low height front fence comprising a 1 metre high solid brick wall and 0.2 metres of transparent component along the entire frontage of the site to enhance the streetscape and retain the opportunity of casual surveillance from the front courtyards.

2.6.9 Crime Prevention

Council’s Medium Density DCP requires development to be designed to provide or enhance opportunities for effective surveillance and preventing crime. The applicant has submitted a Crime Risk Assessment Report to address this matter. The report concludes that the internal site layout provides an open plan with limited areas of entrapment. The balconies on the upper floor provide an opportunity for casual surveillance of the driveways. Townhouses No. 14 – 17 would front the street and include clear sight lines between public and private spaces. Lighting would be provided along the internal roads to prevent crime at night. The footpath and the informal pedestrian trails encourage moderate amount of pedestrian traffic on the road and in the locality.

The report recommends a number of crime preventing measures to be installed within the site. These requirements are recommended as conditions of consent. Subject to appropriate mechanisms installed, the proposed development is assessed as satisfactory with regard to crime prevention.

2.7 Turner Road Commercial Centre Masterplan

The Turner Road Commercial Centre Masterplan provides planning principles, strategies and the specific development controls for the locality. Compliance of the proposal with the development controls within the Masterplan is discussed below:

2.7.1 Desired Future Character

The Masterplan envisages the continuation of residential uses within Area 2 of the Turner Road commercial centre and identifies the subject property to be suitable for two-storey town house development, with basement car parking, that maintains tree cover and retain existing mature trees. The Masterplan requires amalgamation of the adjoining sites in the southern section of the Area 2 with a central access off Kita Road and continued pedestrian linkage to Turner Road via the adjoining northern properties at 3 – 5 Turner Road. It also requires the creation of a communal open space.

The proposal involves two-storey town houses on the site and maintains existing significant trees wherever possible. However it does not comply with the Masterplan in the following ways:

· No communal open space is provided.

· The site amalgamation does not include the easternmost properties of the precinct resulting in the driveway being located further west of the location identified in the Masterplan.

· No pedestrian linkage has been provided to Turner Road via the adjoining northern properties

Whilst sound in its planning intent, the implementation of the Masterplan provides considerable challenges having regard to the fragmented ownership of land, housing affordability and land costs as well as market acceptability for the plan’s intended outcomes.

The matters of non-compliance are discussed below:

2.7.1.1 Site Amalgamation

The applicant has endeavoured to amalgamate as many sites as possible. The current development therefore comprises four allotments. Attempts have been made to purchase the three adjoining residential allotments in Kita Road, located to the south-east. However, the owners have not mutually agreed to a favourable outcome with regard to site amalgamation.

The owner of No. 4 Kita Road has agreed to provide a combined accessway in lieu of such amalgamation, which would act as the central driveway for the precinct, should future medium development occur on the adjoining allotments. This is considered to be a satisfactory outcome for the precinct and generally in conformation with the objectives of the Masterplan to allow orderly and economic development of land.

2.7.1.2 Basement Carpark

The proposed development does not include a basement carpark in accordance with the requirements of the Masterplan. The applicant has advised that following in this regard:

· Geotechnical investigations of the site reveal that there is a hard rock bed approximately 1 metre below the ground level and the excavation of such rock to provide basement carpark would not result in a financially viable development on the land. Further, if only 1 metre excavation is undertaken to provide basement car park, the buildings would not comply with the prescriptive standards regarding the height limitation.

· Basement garages have been provided for townhouses 9 – 13 in order to retain significant trees located on the northern side of the site and within the neighbouring properties.

It is also noted that due to lack of site amalgamation, a combined basement area cannot be provided for the precinct and provision of separate basement areas for two adjoining development sites would result multiple access driveways and ramps off Kita Road.

Given the above, the current form of development with at-grade parking and part basement parking is considered to be more suitable form of development for the site. It would result in provision of landscaped and deep soil areas within the precinct and retain the canopy cover in accordance with the objectives of the Masterplan.

2.7.1.3 Pedestrian Link to Turner Road

As discussed above, the Masterplan requires the site to provide pedestrian linkage to Turner road via the properties located on the northern side.

The provision of a pedestrian linkage requires rights of carriageway to be created over adjoining land. However in 2007, the Land and Environment Court approved DA/1007/2005 at Nos. 3 - 5 Turner Road for a medium density development comprising ten two-storey townhouses. This property adjoins the subject property to the north. The design of the development at Nos. 3 – 5 Turner Road included a pathway which could potentially be connected to this site, when developed. At the hearing the Commissioner provided the view that the legal rights of access through this pathway by users of any other property was a subject of negotiation in the future. The Commissioner accepted that it was appropriate for the adjoining owners to either negotiate these easements or obtain them through various rights in either the Land & Environment Court or the Supreme Court. Therefore, at the time of the approval of DA/1007/2005, no conditions were imposed which required the establishment of legal rights-of-access for neighbouring properties over this pathway that would form the point of pedestrian connection for the current development.

Given this, the provision of a pedestrian linkage to Turner Road from this site in accordance with the Masterplan would be dependent on a number of variables such as legal and monetary negotiations with the adjoining owner or multiple owners in the future. The provision of a direct pedestrian thoroughfare may also result in adverse impact on security of the premises in the future. The site has an available strip of land on the eastern boundary adjoining townhouse No. 6 which could potentially be connected to the previously approved pathway on the northern side through the adjoining property at No. 4 Kita Road. However, given that the adjoining eastern property is currently not being developed, the future connection of this pathway cannot be guaranteed.

In order to provide pedestrian linkage to Turner Road and specifically to the shopping centre, the applicant proposes to construct a pedestrian pathway through the road reserve at the end of Kita Road. This pathway would provide a permanent and easy access for the future residents of this site and within the precinct to the Berowra Village Shopping Centre and would not be dependent on legal negotiations with other private property owners. As discussed in a previous section of this report, the shopping centre already includes several access points from the reserve. The construction of the pathway would facilitate connection to these access points and would comply with the desired character of this residential precinct which envisages pedestrian friendly linkage to Turner Road shopping centre. Such a proposal would comply with Council’s footpath strategy and provide a favourable outcome for the community. The applicant would require a separate approval under the Roads Act for construction of the pathway through Council’s reserve. This is recommended as a condition of development consent.

The proposal also includes a pedestrian connection to the IGA shopping centre which is assessed as satisfactory.

2.7.1.4 Location of the access driveway

The access driveway provided for this site is not located in the exact location as identified in the Masterplan. As the sites have not been amalgamated, it is not feasible to locate the access through the adjoining eastern properties. Notwithstanding this, the proposed development incorporates a shared driveway which would act as the common driveway for the precinct when the adjoining allotments are developed. This is considered to be generally in compliance with the Masterplan.

2.7.1.5 Communal Open Space

The proposal does not include communal open space in accordance with the Masterplan. The Masterplan required this communal space to be provided within the subject site so that it could cater for the entire residential precinct. The applicant has argued that a communal open space is not required for this precinct and cannot be provided for the following reasons:

· There are significant trees on the northern section of the site which are required to be retained. Since the buildings at the rear are located outside the critical root zones of these trees, the proposal has resulted in a large rear setback area. This area cannot be utilised as a communal space due to its location within the premises.

· The location of a common area at the centre of the site would result in non-compliances of the proposal with regard to private open-space areas and solar access to the private open space areas.

· There is an existing public open space located on the corner of Turner Road and Berowra Waters Road. This open space is for public use and is located within 500 metres for the site. The applicant proposes to connect the development site with this open space by proposing the pedestrian pathway in lieu of providing a communal open space within the site.

This design approach is considered to be reasonable as it would not result in duplicating open space areas in the precinct which may be underutilised in the future and would also eliminate likely protracted legal negotiations between all the owners regarding legal access and maintenance of the open space and free access by all future residents of adjoining properties.

It is considered that the proposal would cater to the current market demand and comply with the NSW Metropolitan Strategy by improving housing choice in the locality. The proposed medium density development would integrate well with the existing commercial and retail floor space within the commercial centre and increase the number of potential users. The proposal as such complies with the overall vision of the precinct to introduce townhouse style, low scale developments integrating with the surrounding low density character of the locality and maintaining the canopy cover. Strict compliance with the Masterplan is not possible due to legal implications, multiple owners of land and a precedent set by the Land and Environment Court with regard to legal rights-of-access over the adjoining allotments.

Given the above, the non-compliance with regard to the Masterplan is considered acceptable.

2.7.2 Masterplan Principles

The Planning Principles under the Masterplan require the residential developments to provide alternative housing stock for the area and improve the visual quality by creating a village character.

The proposed development would create housing choice in the locality and provide two-storey developments that are in character with the locality.

2.7.3 Precinct Qualities

The Masterplan provides design guidelines to achieve the desired precinct qualities for Area 2 in the plan. It requires retention of bushland views, provide a 6 metre setback to Kita Road for landscaping and provide a break in building lines.

2.7.3.1 Bushland views

The townhouses have been designed in such a way that the majority of the townhouses can take advantage of the bushland views. The townhouses at the rear (9 – 13) are located at a higher level and would still retain the bushland views to some extent from the upper floor. Townhouses 1 – 5 are located at 90 degrees to Kita Road. However, the upper floor balconies would have some views of the bushland.

2.7.3.2 Setbacks

The Masterplan requires a 6 metre setback to Kita Road to maintain landscaped setbacks and a 1.2 – 1.8 metre high fence defining the boundary of the site.

The site layout for the proposed development maintains a 3 metre setback to the front boundary for the single storey component and a 6 metre setback to the front boundary for the upper floor. It is also noted that one corner of the adaptable townhouse 1 would have a slight encroachment of 400 mm within the 3 metre setback to enable 360 degree turning of the wheelchair in accordance with the relevant Australian Standards.

The applicant has indicated that the requirement to retain trees located at the rear of the site and the adjoining neighbouring properties has resulted in large rear setbacks for Townhouses 9 – 13 (> 10 metres) and the overall repositioning of all townhouses towards the front boundary of the site. Council’s assessment of the application regarding the variation to the front setback concludes that the current layout would maintain a landscaped street front with separate pedestrian entrances to the townhouses, would have an appealing visual impact on the streetscape due to the front elevations that do not contain garages and would assist in crime prevention by allowing casual surveillance of the public areas at all times. The site layout would also eliminate the possibility of locating private open space areas for Townhouses 14 – 17 along the frontage of Kita Road and detrimental visual impact on the streetscape due to the fencing.

The site abuts the IGA shopping centre to its west. The shops fronting Kita Road have a 0 – 1m setback from the road. Therefore, the proposed 3 metre setback adjoining the shopping complex would provide an appropriate transition. Notwithstanding the non-compliance with the Masterplan, the front setback complies with the prescriptive standards within the element “Setbacks” of the Medium Density DCP except the minor encroachment for the adaptable townhouse and is acceptable.

The Masterplan does not provide any requirements for side setbacks. It is noted that townhouse No. 13 would maintain a zero setback to the boundary adjoining the IGA Shopping Centre. The applicant has submitted a Building Compliance Report to support this application which indicates that location of walls of townhouses within 900 mm of the property boundary is acceptable subject to exclusion of openings from this wall and appropriate fire separation measures being adhered to during construction works. This requirement is recommended as a condition of development consent.

2.7.3.3 Landscaping

The Masterplan does not include any requirement for landscaping in this precinct as it envisages the provision of basement carpark. As the proposal does not incorporate a basement carpark, the development includes 46.5 % landscaped area which is considered to be suitable for the site, given the site constraints.

The submitted landscape plan includes details of street tree planting along Kita Road and replacement of removed trees which are assessed as satisfactory.

2.7.3.4 Design

The development proposes the townhouses in four separate blocks to provide breaks in building lines in accordance with the Masterplan.

2.7.4 Opportunities and Constraints

The Masterplan requires minimisation of access points to Kita Road, minimise driveways at the centre of the precinct, provision of pedestrian links and incorporation of noise reducing architectural treatments.

The matters have been discussed in Section 2.7.1 of this report with the exception of the following:

2.7.4.1 Acoustics

The application is supported by an Acoustic Assessment Report. To maintain acoustic privacy for future residents, the design of the development and the site layout incorporates the following acoustic attenuation measures:

· Fencing is proposed along the entire western boundary separating the site from the shopping complex.

· The townhouses are setback 3 metres from the Kita Road frontage.

· The family areas primarily front the rear yard of the premises.

· Fencing is proposed to enclose the individual private open space areas.

· Noise attenuating construction techniques are proposed in the acoustic report.

The above design elements would contribute towards maintaining acoustic privacy to the future occupants and are considered satisfactory.

2.7.5 Building Height and Design

The development would result in a two-storey development that is in character with the adjoining low-density areas in accordance with the design objectives of the Masterplan. The townhouses would not overshadow public areas. The design would result in a well defined streetscape along Kita Road with opportunities for tree planting within the landscaped areas in front of the townhouses in addition to street tree planting. The proposal would thus provide liveable space in accordance with good environmental practices.

The development provides active street frontage with pedestrian access to the individual townhouses provided from the street. The roof form would comprise a combination of pitched and gabled rooflines. The proposed colours and materials would be face brickwork as preferred in the Masterplan. The front elevations of each of the townhouses would incorporate a balcony at the upper level and porches at the lower level fronting the street. The proposal incorporates at grade parking for most of the townhouses which reduces the overall bulk of the development in the precinct. Fencing is proposed along the boundary to separate development from the adjoining shopping centre.

The proposal is assessed as satisfactory with regard to building design.

2.8 Car Parking Development Control Plan

The application has been assessed against the requirements of Council’s Car Parking Development Control Plan. The application satisfies Council’s requirements with regard to car parking as discussed in section 2.6 of this report.

2.9 Access and Mobility Development Control Plan

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

Access and Mobility Development Control Plan
Control	Proposal	Requirement	Compliance
Width of stairs	1000mm	1250mm	Yes
Density	2 units	1 per 5-10 units	Yes
Entrance door width	1000mm minimum	760mm minimum	Yes
Width of car space	3.2m	3.2m minimum	Yes

As indicated in the above table the development includes two adaptable townhouses with single garages. Continuous barrier free access is provided to the entrances of each of the townhouses. Each of the townhouses would include a main bedroom and a toilet facility on the ground floor for disabled access in accordance with AS4299.

The applicant has submitted an Access Report to support the application. Subject to the implementation of the construction techniques and standards recommended in the Access Report, the development is considered acceptable with regard to disabled access.

2.10 Waste Management and Minimisation Development Control Plan

The proposal includes a waste management plan and details of on-going waste management on site and is assessed as satisfactory.

2.11 Sustainable Water Development Control Plan

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

2.12 Section 94 Contributions Plan

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

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

3. ENVIRONMENTAL IMPACTS

3.1 Natural Environment

3.1.1 Trees

The site currently contains a number of trees of native and exotic species and the proposed development would require the removal of eighteen trees. Only one tree, identified as being significant is required to be removed as townhouses 9 -11 and the bin storage area would be encroaching into the critical root zone of this tree. The applicant has provided an Arborist’s report justifying the removal of the subject tree within the site.

Council’s assessment of the proposal included a detailed examination of the existing trees on the site. It is noted that a significant tree (Sydney Blue Gum) is required to be removed under this application. Retention of this tree would only be achieved if no works are proposed within 10.5 metres of the tree. The applicant has considered design modifications to retain the tree; however such modifications would not result in a desirable planning outcome for the site. The proposal retains the significant trees along the northern boundary of the property wherever possible by altering the building layout.

It is considered that the tree being located at the centre of the developable area of the property would compromise orderly and economic development of the land. Given this, removal of the tree is considered acceptable. A condition is recommended requiring replacement planting within the site to compensate the tree loss.

3.1.2 Water

2 The applicant proposes an on-site-detention system for stormwater management on the site. The townhouse development would include landscaped areas to minimize the potential of erosion.

Subject to compliance with the conditions regarding stormwater management on the site and appropriate sediment-erosion control measures being implemented, the proposal would not have an adverse impact on the water quality of the Hawkesbury-Nepean Catchment.

3.2 Built Environment

The matters in relation to the impact of the development on the built environment have been discussed in section 2 of this report. The relevant matter is discussed below:

3.2.1 Traffic Generation

The development application includes a traffic assessment report. The report calculates the traffic generation for all components of the development in accordance with the NSW Roads and Traffic Authority (RTA) guidelines and concludes that the development would result in a net traffic generation of 70 vehicles per day. Kita Road is a quiet road with a cul-de-sac end and has an environmental capacity of 1000-2000 vehicles per day. Council’s traffic assessment concludes that the traffic generation due to this development would have negligible impact on the locality.

3.3 Social Impacts

The development would improve the housing choice in the locality by providing ten additional townhouses that blend with the low-density character of the area. This is consistent with the North Subregion (Draft) Subregional Strategy.

3.4 Economic Impacts

The proposal would have a positive impact on the local economy by generating an increase in demand for local services.

4. SITE SUITABILITY

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

4.1 Bushfire Risk

The land is identified as being subject to bushfire risk. The original proposal and the subsequent amendments were referred to New South Wales Rural Fire Service (RFS) for comments. The RFS raised no objections to the development subject to recommended conditions being imposed.

5. PUBLIC PARTICIPATION

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

5.1 Community Consultation

The proposed development was placed on public exhibition and was notified to adjoining and nearby landowners between 13 January 2011 and 3 February 2011 in accordance with Council’s Notification and Exhibition Development Control Plan. During this period, Council received eleven submissions from owners of ten properties. The proposal was renotified between 3 May 2011 and 17 May 2011 upon receipt of amended plans and Council received five submissions (from persons who also lodged a submission to the original proposal) during this period. 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 OBJECTIONS

ü SUPPORTERS

PROPERTY SUBJECT OF DEVELOPMENT

Eleven submissions objected to the development, generally on the following grounds:

· The proposal is not in character with the area.

· The proposal does not comply with setback requirements.

· The developer states that there is sufficient space in front of townhouse 6 for additional parking. This is considered unacceptable as this would be a landscaped area.

· Tree No. 17 located between Townhouse 9 and 10 is to be removed though it is deemed significant.

· The disabled parking space is located on the street. This would set an undesirable precedent.

· One parking space is provided for each of townhouses 1 and 6 as they are adaptable townhouses. However, in reality two parking spaces per unit would be required.

· The proposal does not comply with the density requirements. Due to the increase in the number of townhouses, there is deficiency in the open space available to each townhouse.

· Since a common driveway access is proposed to the development which forms a part of the adjoining site, the adjoining development should be assessed concurrently.

· The western boundary of the development does not comply with the required 3 metre setback and provides a zero setback for TH 13.

· The proposed landscaped area is well short of the required 50 %. The visitors’ spots would not be shaded in the future due to lack of trees.

· The proposal does not include a mobility impaired access to Townhouses1 to 5 which have direct access to the common driveway.

· The efficiency of the common driveway to cater for the present development and any future development is to be addressed during the assessment of the current application.

· The IGA Shopping Centre includes mechanical plants and rooftop air conditioning unit which have been noise generating elements in the past. They would have detrimental acoustic impact on future developments.

· A 1.8 metre high fence should be provided on all property boundaries.

· Kita Road is not suited for medium density housing and the proposal is an over development with regard to Kita Road’s capacity.

· On-street parking would increase due to this development.

· The traffic report includes flaws with regard to traffic generation, location of bus stop and the number of vehicles accessing the site per day.

· Further driveways to Kita Road must not be allowed in accordance with the requirements of the Masterplan.

· The development would have adverse impact on evacuation during bushfires.

· The development would increase traffic on Kita Road.

· A number of townhouses are three storeys.

· The “potential pedestrian connection” through the IGA Shopping Centre is unsafe and should be discouraged.

· Repositioning of townhouses 1 and 5 in the amended proposal has resulted in encroachment of townhouse 1 within the front setback

· Repositioning of townhouses 10 – 13 further away from Kita Road, in the amended proposal, has further reduced the amount of available open space

· The repositioning of townhouses 14 – 17 towards Kita Road, in the amended proposal has reduced the front yard areas and resulted in non-compliance with the DCP.

· The provision of pedestrian accessway from Kita Road to the individual townhouses, in the amended plans would result in a further increase of on-street parking

· The site area is stated wrongly in the Statement of Environmental Effects accompanying the amended plans resulting in discrepancies of site coverage and density.

· It appears that the private open space areas for the townhouses have a dimension less than 4 metres.

· The solar access diagrams submitted with the amended plans do not clearly indicate the extent of solar access to the townhouses during Winter Solstice.

· The area of the adjoining allotment should not be added while calculating the site coverage or landscaped areas, given that a section of this allotment is utilized for driveway purposes.

· The design of the development does not compliment the streetscape.

· The amended proposal would result in the relocation of the dwelling townhouses towards the bushfire hazard and would require further restrictions on the design and construction techniques and non compliance with the asset protection zones.

· The area between townhouse 9 and townhouse 10 is delineated as a turning circle in some sections of the proposal and as a visitor space in other sections. One location serves conflicting functions.

· The location of the designated car wash bay is not clear.

· Townhouse 7 and townhouse 14 would have significant departure to the density clause (210 sq metres per townhouse).

· The development proposes 198.25 sq metres per townhouse.

· The proposed development does not include a mix of dwellings as majority of the townhouses have an area over 95 sq metres.

One submission from the owner of three properties at No. 148 Berowra Waters Road, Nos.2 and 4 Kita Road was in support of the proposal.

A number of matters raised in the community submissions related to the original proposal and were addressed via amended plans. 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 Noise Impact on the development due to IGA Shopping Centre

The submitted Acoustic Assessment Report identifies that there are no mechanical plants and equipments within the IGA Shopping Centre located in close proximity to the subject site. Given this, the future residents would not be impacted upon by the noise from the shopping centre.

5.1.2 Calculation of site coverage

The site area for No. 4 Kita Road has not been included in the calculation for floor space ratio or site coverage for the development.

5.2 Public Agencies

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

5.2.1 Rural Fire Service

The matter has been discussed in Section 4.1 of this report.

6. THE PUBLIC INTEREST

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

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

CONCLUSION

The proposal seeks approval for the erection of a medium density multi-unit housing development comprising seventeen, two-storey townhouses, car parking and strata subdivision on the subject property. It would incorporate a common driveway off Kita Road, part of which would be located on the adjoining eastern allotment.

The proposed development is to be located within a precinct affected by the Turner Road Commercial Centre Masterplan within Council’s Medium Density Multi-unit Housing Development Control Plan. The development does not comply with a number of aspects of the Masterplan such as the site layout, provision of a communal open space, pedestrian linkage to Turner Road through the site and provision of basement car parking. The applicant has demonstrated that the above aspects of the Masterplan cannot be complied with due to legal rights, negotiations with multiple owners and duplication of existing open spaces in the locality. The proposal would result in a development which complies with the overall desired future character envisaged in the Masterplan and is within the environmental capacity of the site.

The proposal is consistent with Sydney Regional Environmental Plan No. 20, Hornsby Local Environmental Plan 1994, Council’s Medium Density Multi-unit Housing, Car Parking, Sustainable Water and Access and Mobility Development Control Plans.

Approval of the application is recommended.

Rod Pickles

Manager - Assessment Team 2

Planning Division

Scott Phillips

Executive Manager

Planning Division

Attachments:

1.View	Locality Plan
2.View	Site Analysis Plan
3.View	Site Plan and Floor Plans
4.View	Sections
5.View	Elevations
6.View	Coloured Streetscape Elevation
7.View	Solar Access Diagrams
8.View	Solar Access Diagrams - 2
9.View	Schematic Plan of Proposed Community Pathway
10.View	Tree Plan

File Reference: DA/1615/2010

Document Number: D01673566

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

Architectural Plans

*Plan No.*	*Revision*	*Drawn by*	*Dated*
Lower Ground and Ground Floor Plan	DA01-F	Jack Taylor Architects	21/04/2011
Upper Ground Floor Plan	DA02-E	Jack Taylor Architects	21/04/2011
Roof Plan	DA03-C	Jack Taylor Architects	21/04/2011
Roof/Site Plan	DA04-C	Jack Taylor Architects	21/04/2011
Sections	DA05-D	Jack Taylor Architects	21/04/2011
Elevations	DA07-D	Jack Taylor Architects	21/04/2011
Plan of proposed pathway	DA10-A	Jack Taylor Architects	24/05/2011
Kita Road elevation and external finishes	DA11-A	Jack Taylor Architects	25/05/2011
Survey Plan	2205291/2	Cooper and Richards	24/09/10

Landscape Plans

*Plan No.*	*Revision*	*Drawn by*	*Dated*
Cover Sheet	000-E	Site Image Landscape Architects	13/12/2010
Landscape Plan	101-E	Site Image Landscape Architects	10/12/2010
Landscape Plan	102-G	Site Image Landscape Architects	13/12/2010
Landscape Specs and Details	501-G	Site Image Landscape Architects	13/12/2010
Landscape Details	502-C	Site Image Landscape Architects	08/12/2010

Stormwater Management and Erosion and Sediment Control Plans

*Plan No.*	*Revision*	*Drawn by*	*Dated*
KB100-H01	1A	Clapham Design Services	9/12/2010
KB100-H02	1A	Clapham Design Services	9/12/2010
KB100-H03	1A	Clapham Design Services	9/12/2010
KB100-H04	1A	Clapham Design Services	9/12/2010
KB100-SC01	1	Clapham Design Services	9/12/2010

Supporting Documents

*Document No.*	*Prepared by*	*Dated*
Statement of Environmental Effects	Coastplan Consulting	Dec 2010
Addendum to Statement	Coastplan Consulting	8/03/2011
Arboricultural Impact Assessment	Adrian Swain	13/12/2010
BCA Assessment Overview Report	BCA Logic	2/12/2010
BASIX Certificate341975M	SLR Heggies Pty Ltd	8/12/2010
Crime Risk Assessment	Sydney Bay Pty Ltd	Received by Council on 22/12/2010
Access Report	Accessibility Solutions	8/12/2010
Waste Management Plan	Sydney Bay Pty Ltd	21/12/2010
Assessment of Traffic and Parking Implications	Transport and Traffic Planning Associates	December 2010
Environmental Noise Assessment	Acoustic Logic	9/12/2010
Bushfire Hazard Assessment Report	Building Code and Bushfire Hazards Pty Ltd	18/10/2010
Thermal Comfort Assessment	SLR Heggies Pty Ltd	8/12/2010
Landscape Report	Site Image Landscape Architects	December 2010
Stormwater Drainage Calculations	Clapham Design Services	2/12/2010

2. Removal of Existing Trees

This development consent only permits the removal of trees numbered T1, T2, T3, T4, T5, T7, T8, T9, T10A, T10B, T11, T12, T13, T14, T15, T16, T17, T18, T19, T20 as identified within the Arboricultural Impact Assessment prepared by Adrian Swain, dated 13/12/10. The removal of any other trees requires separate approval under Council’s Tree Preservation Order.

3. Amendment of Plans

a. The following approved plans are to be amended by amending the site layout and floor plans approved under this development consent in condition 1- “Architectural Plans”:

*Plan No.*	*Revision*	*Drawn by*	*Dated*
Cover Sheet	000-E	Site Image Landscape Architects	13/12/2010
Landscape Plan	101-E	Site Image Landscape Architects	10/12/2010
Landscape Plan	102-G	Site Image Landscape Architects	13/12/2010
Landscape Specs and Details	501-G	Site Image Landscape Architects	13/12/2010
KB100-H01	1A	Clapham Design Services	9/12/2010
KB100-H02	1A	Clapham Design Services	9/12/2010
KB100-H03	1A	Clapham Design Services	9/12/2010
KB100-H04	1A	Clapham Design Services	9/12/2010
KB100-SC01	1	Clapham Design Services	9/12/2010

b. The “front fence” elevation identified in the “Landscape Details” plan 502-C prepared by Site Image Landscape Architects dated 8/12/2010 is to be amended to comply with the fencing details approved under the “Elevations and external finishes” DA07/D prepared by Jack Taylor Architects dated 21/04/2011.

c. One visitor’s car space is to be accommodated in the area in between townhouse 9 and 10 as marked on the approved “Lower Ground and Ground Floor Plan” – Rev F prepared by Jack Taylor and Architects dated 21/04/2011. This area is to be have a shared use as a car wash bay.

REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

4. Building Code of Australia

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

5. Fire Safety

To ensure the protection of persons using the townhouses and to facilitate egress from the all townhouses in the event of a fire, the application for a construction certificate must demonstrate that the plans comply with the recommendations of the submitted BCA Assessment Overview Report prepared by BCA Logic dated 2/12/2010.

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.

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.

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. 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.

9. Traffic Management Plan

A Traffic management Plan for the construction phase of the development must be prepared and submitted for approval by the Principle Certifying Authority.

10. Car Parking

All car parking must be constructed and operated in accordance with Australian Standard AS 2890.1 – 2004 – Off Street Car Parking 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 and manoeuvring areas to be used solely for nominated purposes.

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

11. Acoustic Details

The Construction certificate plans must demonstrate compliance with the recommendations of the “Environmental Noise Assessment Report” prepared by Acoustic Logic dated 9/12/2010 by incorporating the following requirements:

a. The bedroom and living room windows of all townhouses must have 4 mm thickness glass as detailed in Section 4.3.3 of the report.

b. All mechanical plants must be acoustically treated by including screens/enclosures/ silencers and internal lining.

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

12. 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.

13. 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.

14. 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

15. 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.

16. Tree Protection Barriers

Tree protection fencing must be erected around trees numbered T21, T22 and T23 identified in the Arboricultural Impact Assessment prepared by Adrian Swain, dated 13/12/10. The Tree Protection Zone for the trees to be retained are to be in accordance with Section 7 “Tree Survey Table” of the above report and the fencing details are to be in accordance with Section 10.3 of the above report.

REQUIREMENTS DURING CONSTRUCTION

17. 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.

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.

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.

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. 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.

20. Street Sweeping

Street sweeping must be undertaken following sediment tracking from the site along Turner Road and Kita Road during works and until the site is established.

21. 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 the Tree Protection Zone identified in Section 7 of the Arboricultural Impact Assessment Report prepared by Adrian Swain, dated 13/12/10 for the trees required to be retained (whether or not on the subject property, and pursuant to this consent or the Tree Preservation Order), must be in the form of hand excavation and carried out under the supervision of an ‘AQF Level 5 Arborist’ and the recommendations of Sections 6.3, 6.4 and 10 of the above report. A certificate must be submitted to the principal certifying authority detailing the methods used to preserve the trees.

22. 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.

23. 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.

24. 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.

25. Soil Contamination

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

26. Waste Management

Waste management during the demolition and construction phase of the development must be undertaken in accordance with the approved Waste Management Plan. Additionally written record of the following items must be maintained during the removal of any waste from the site

a. The identity of the person removing the waste.

b. The waste carrier vehicle registration.

c. A description of the waste (type of waste and estimated quantity).

d. The site to which the waste is to be taken.

e. The corresponding tip docket/receipt from the site to which the waste is

transferred.

f. Whether the waste is expected to be reused, recycled or go to landfill.

Note: In accordance with the Protection of the Environment Operations Act 1997, the definition of waste includes any unwanted substance, regardless of whether it is reused, recycled or disposed to landfill.

27. Waste Management

All work must be carried out in accordance with the approved waste management plan.

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

Note: For the purpose of this consent, a reference to ‘occupation certificate’ shall not be taken to mean an ‘interim occupation certificate’ unless otherwise stated.

28. Fulfilment of BASIX Commitments

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

29. Sydney Water – s73 Certificate

A s73 Certificate must be obtained from Sydney Water.

30. Stormwater Drainage

The stormwater drainage system for the development must be designed and constructed in accordance with Council’s Civil Works – Design and Construction Specification 2005 and be connected directly to Council’s piped street drainage system via the onsite detention system.

Note: A separate construction certificate is required to be issued for these works.

31. 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 27 cubic metres, and a maximum discharge (when full) of 63.3 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.

Note: A separate construction certificate is to be issued for the above works.

32. 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 20 percent and changes in grade must not exceed 8 percent.

d. The driveway pavement be a minimum width of 5.5 metres that extends for 6m inside the property boundary.

e. The driveway and circulation roads are to be designed so that all vehicles can leave in a forward direction.

Note: A separate construction certificate is required for these works.

33. Footpath

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

a. The existing footpath being removed.

b. The verge be re-graded to achieve a uniform grade of 4% from the top of kerb to the property boundary.

c. A new concrete footpath 1.2 metre wide, to be constructed across the full frontage of the site and be located 600 mm from the property boundary. The footpath is to be linked to the existing footpath located at both ends of the site frontage.

d. The street trees proposed in the Landscape Plan approved under this development consent must be planted between the concrete footpath and the kerb.

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

f. A 1.2m wide footpath is to be constructed from the development site to the Crossroads Reserve generally in accordance with the schematic plan No DA 10 Rev A and in accordance with the requirements of Council’s Parks Assets Branch.

Note: A separate construction certificate is required to be issued for these works. 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 construction of footpaths within the road reserve.

Note: The plan of the pathway as approved by Council is concept only. The applicant is required to contact Council’s Parks and Landscapes Branch to obtain the survey levels of the Crossroads Reserve and the exact alignment of the pathway within the reserve prior to the issue of the construction certificate for the pathway. The alignment of the pathway may vary from the approved layout in accordance with Council’s design requirements.

34. 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. The access crossing is to be a minimum width of 5.5m from the kerb line to the property boundary.

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

35. Traffic Control Plan

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

a. Arrangements for public notification of the works.

b. Temporary construction signage.

c. Permanent post-construction signage.

d. Vehicle movement plans.

e. Traffic management plans.

f. Pedestrian and cyclist access/safety.

36. 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.

37. Creation of Easements

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

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

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

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

38. 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.

39. 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.

40. Works as Executed Plan

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

41. Construction for a safe environment

The site must include the following elements in accordance with the recommendations of the Crime Risk Assessment Report submitted with this development application:

a. An intercom system be installed at gate locations to ensure screening of persons entering dwellings.

b. The entryway to the site be illuminated in high luminance at all times

c. The Kita Road footpath be illuminated with high luminance by motion sensor lighting

d. Front and rear yard spaces of each dwelling be illuminated with high luminance by motion sensor lighting

e. The north-west boundary adjacent to the shopping complex be illuminated in high luminance by motion sensor lighting

f. The landscaped strip adjoining TH 6 be illuminated during night time with low luminance.

g. The common driveways are to be illuminated with low luminance at all times.

h. Anti-graffiti paint be used for the walls adjacent to Kita Road and the north-western boundary.

i. Vandal proof locking mechanisms to be installed in all gates to individual townhouses

j. Robust materials which cannot be forced or breached with minimised maintenance requirements are to be used for construction work in the common areas.

42. Installation of Air Conditioner

To protect the amenity of adjacent properties, the condenser unit for the air conditioner must be sited a minimum of 3 metres from the property boundary of any adjoining residential premises unless a certificate has been prepared by a suitably qualified person confirming that the unit has been tested for heating and cooling on the highest settings and that the noise levels generated do not exceed 5 dB(A) above background noise levels when tested at the property boundary between 8 pm and 10 pm.

43. Boundary Fencing

Fencing must be erected along all property boundaries in accordance with the approved “Landscape Details” prepared by Site Image Landscape Architects dated 8/12/2010 as amended by Condition 3(b) of this development consent.

Note: Alternative fencing may be erected subject to the written consent of the adjoining property owners..

44. Consolidation of allotments

The allotments at Nos. 6 – 16 Kita Road are to be consolidated prior to the issue of an occupation certificate.

45. Waste Management Details

The following waste management requirements must be complied with:

a. The bin storage room must include water or a hose for cleaning, graded floors with drainage to sewer, a robust door, sealed and impervious surface, adequate lighting and ventilation.

b. An area of 10 sqm metres, located outside the verge and within 6 metres of the entrance to the site must be allocated for storing bulky items for the clean-up service.

Note: The above area is not required to be concreted, paved or covered. Bulky items must not be placed on the verge as this causes illegal storage problems.

c. A report must be prepared by an appropriately qualified person, certifying that at least 60% of the waste generated during the demolition and construction phase of the development was reused or recycled.

Note: If the 60% diversion from landfill cannot be achieved in the Construction Stage, the Report is to include the reasons why this occurred and certify that appropriate work practices were employed to implement the approved Waste Management Plan. The Report must be based on documentary evidence such as tipping dockets/receipts from recycling depots, transfer stations and landfills, audits of procedures etc. which are to be attached to the report.

d. Each dwelling must be provided with an indoor waste/recycling cupboard for the interim storage of a minimum one day’s waste generation with separate containers for general waste and recyclable materials.

e. Space must be provided for either individual compost containers for each dwelling or a communal compost container;

Note: The location of the compost containers should have regard for potential amenity impacts.

f. The bin carting route must be devoid of any steps.

Note: Ramps between different levels are acceptable

46. Maintain Canopy Cover

To maintain canopy cover, each removed tree must be replaced on the subject site with a native tree of like or similar habit to the tree removed. The replacement trees must include the following:

a. Twelve locally native canopy trees; and

b. six locally native or deciduous small trees.

Replacement trees must be selected from Council’s booklet ‘Indigenous Plants for the Bushland Shire’ (www.hornsby.nsw.gov.au/environment) and would comprise specimens such as Eucalyptus haemastoma (Scribbly Gum), Eucalyptus botryoides (Bangalay) or Corymbia eximia (Yellow Bloodwood). The planting location must not be within 4 metres of the foundation walls of a dwelling unit. The pot size must be a minimum 25 litres and the trees must be maintained until they reach the height of 3 metres.

47. s94 Infrastructure Contributions

The payment to Council of a contribution of $165,564.80* for thirteen additional three-bedroom and two bedroom townhouses towards the cost of infrastructure identified in Council’s Development Contributions Plan 2007-2011.

Note: * The value of contribution is current as at 30 May 2010. The contribution will be adjusted from this date in accordance with the underlying consumer price index for subsequent financial quarters.

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

OPERATIONAL CONDITIONS

48. Post Construction maintenance

Tree Protection fencing with additional trunk and root protection must be removed following the completion of construction works. The mulch layer in the Tree Protection Zones of the retained trees on the site and the neighbouring properties must be retained and replenished when required to main a minimum of 75 mm thickness.

Note: In the event of any tree deteriorating in health after the construction period, the Project Arborist must be engaged to provide advice for remedial action and Council advised of such incident. The remedial action is to be implemented as soon as practicable and certified by the Project Arborist.

49. On-going waste management

A site manager or caretaker must be employed and be responsible for moving bins from the bin storage area to the waste collection point, washing bins and maintaining storage areas, managing the communal composting area, arranging the prompt removal of dumped rubbish, and ensuring all residents are informed of the waste management system.

50. Maintenance of Wastewater Device

All wastewater and stormwater treatment devices (including drainage systems, sumps and traps) must be regularly maintained in order to remain effective. All solid and liquid wastes collected from the device must be disposed of in accordance with the Protection of the Environment Operations Act 1997.

51. 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.

52. Landscape Establishment

The landscape works must be maintained to ensure the establishment and successful growth of plant material including (but not be limited to) watering, weeding, replacement of failed plant material and promoting the growth of plants through standard industry practices.

53. Fencing

The proposed front fence must not exceed an overall height of 1.2 metres comprising 1 metre of solid fencing material and 0.2 metres of transparent fencing material as approved under this development consent.

GENERAL TERMS OF APPROVAL – NSW RURAL FIRE SERVICE

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

54. Asset Protection Zone

Prior to the issue of the Occupation Certificate, the following matter must be nominated on the property title under s88B of the Conveyancing Act 1919:

The creation of a “Positive Covenant” requiring that the entire property be managed as an Inner Protection Area (IPA) as outlined within Section 4.1.3 and Appendix 5 of Planning for Bushfire Protection 2006 and the NSW Rural Fire Service’s document ‘Standards for asset protection zones’.

Note 1: The intent of this measure is to provide sufficient space and maintain reduced fuel load so as to ensure the radiant heat levels of the buildings are below the critical limits and to prevent direct flame contact with the building.

Note 2: This condition does not provide permission to remove trees on the site unless permitted under other conditions of this development consent.

55. Water and Utilities

Water, electricity and gas must comply with Section 4.1.3 of Planning for Bushfire Protection 2006.

56. Access

Access to the subject property must comply with Section 4.1.3(2) of Planning for Bushfire Protection 2006.

57. Design and Construction

a. Construction of Townhouses 6 -10, as approved under this development consent must comply with section 5 (BAL 12.5) AS3959-1999 ‘Construction of buildings in bushfire prone areas’ and Section A3.7 Addendum Appendix 3 of Planning for Bushfire Protection 2006.

b. Construction of the southern, eastern and western facades of townhouses 3-5 and 11-13, as approved under this development consent must comply with section 6 (BAL 19) AS3959-1999 ‘Construction of buildings in bushfire prone areas’ and Section A3.7 Addendum Appendix 3 of Planning for Bushfire Protection 2006

c. Construction of the northern façade of townhouses 3-5 and 11-13 as approved under this development consent must comply with section 5 (BAL 12.5) AS3959-1999 ‘Construction of buildings in bushfire prone areas’ and Section A3.7 Addendum Appendix 3 of Planning for Bushfire Protection 2006.

d. Construction of the eastern, western and southern facades of townhouses 1, 2 and 14 - 17 as approved under this development consent must comply with section 7 (BAL 29) AS3959-1999 ‘Construction of buildings in bushfire prone areas’ and Section A3.7 Addendum Appendix 3 of Planning for Bushfire Protection 2006.

e. Construction of the northern façade of townhouses 1, 2, 14-17 as approved under this development consent must comply with section 6 (BAL 19) AS3959-1999 ‘Construction of buildings in bushfire prone areas’ and Section A3.7 Addendum Appendix 3 of Planning for Bushfire Protection 2006.

58. Landscaping

The landscaping of the site must comply with the principles of Appendix 5 of Planning for Bushfire Protection 2006.

- END OF CONDITIONS -

ADVISORY NOTES

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

Environmental Planning and Assessment Act, 1979 Requirements

· The Environmental Planning and Assessment Act, 1979 requires:

· The issue of a construction certificate prior to the commencement of any works. Enquiries regarding the issue of a construction certificate can be made to Council’s Customer Services Branch on 9847 6760.

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

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

· Mandatory inspections of nominated stages of the construction inspected.

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

Long Service Levy

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

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

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

Tree Preservation Order

To ensure the maintenance and protection of the existing natural environment, it is an offence to ringbark, cut down, top, lop, remove, wilfully injure or destroy a tree outside 3 metres of the approved building envelope without the prior written consent from Council.

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

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

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

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.

Covenants

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

Dial Before you Dig

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

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.

Asbestos Warning

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

www.environment.nsw.gov.au

www.nsw.gov.au/fibro

www.adfa.org.au

www.workcover.nsw.gov.au

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

Date of 1^st modification:	3 June 2009
Details of 1^st modification:	Mixed use building comprising 70 residential units and three levels of commercial units - Section 96(2) Application

Conditions Added:	103 to 125
Conditions Deleted:	1, 4, 10-14, 16, 18, 20, 36, 42-45, 53-60, 61-63, 69-71, 74-76 and 88-90.
Conditions Modified:	6, 17, 37, 64, 79, 80, 81, 91, 92, 93 and 99

Development Application No:	DA/452/2008/B
Description of Proposal:	Section 96(1A) to modify a development consent for the subdivision of one lot into two.
Property Description:	Lots 101 & 102, DP 1149208 No. 146 Galston Road and No. 14 Robinson Close, Hornsby Heights.
Applicant:	Mrs J P Ball
Owner:	Mrs J P Ball
Statutory Provisions:	Hornsby Shire Local Environmental Plan 1994 Residential A (Low Density) zone
Estimated Value:	Nil
Ward:	A

Development Application No:	DA/1586/2001/D
Description of Proposal:	Mixed use building comprising 106 residential units and one level of commercial and retail units - Section 96 (AB) Application
Property Description:	Lot 10 DP 1153089 Nos. 135 - 137 Pacific Highway and Pound Road Reserve, Hornsby
Applicant:	Restifa & Partners Pty Ltd
Owner:	Fal Management Group Pty Ltd and Hornsby Shire Council (Pound Road)
Statutory Provisions:	Hornsby Shire Local Environmental Plan 1994 Residential D (High Density)
Estimated Value:	$22,000,000
Ward:	B

Date of 2^nd modification:	3 March 2010
Details of 2^nd modification:	Section 96(1A) modification to amend condition Nos. 82, 91A, 91B, 82 and 102

Conditions Added:	126-130
Conditions Deleted:	101 and 102
Conditions Modified:	82, 91A, 91B and 114