Agenda of Planning Meeting - 2 November 2011

Hornsby Shire Council Agenda and Summary of Recommendations

Page 1

AGENDA AND SUMMARY OF RECOMMENDATIONS

PRESENT

NATIONAL ANTHEM

OPENING PRAYER/S

Acknowledgement of RELIGIOUS DIVERSITY

Statement by the Chairperson:

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

ABORIGINAL RECOGNITION

Statement by the Chairperson:

"We acknowledge we are on the traditional lands of the Darug and Guringai Peoples. We pay our respects to elders past and present."

AUDIO RECORDING OF COUNCIL MEETING

Statement by the Chairperson:

"I advise all present that tonight's meeting is being audio recorded for the purposes of providing a record of public comment at the meeting, supporting the democratic process, broadening knowledge and participation in community affairs, and demonstrating Council’s commitment to openness and accountability. The recordings will be made available on Council’s website once the Minutes have been finalised. All speakers are requested to ensure their comments are relevant to the issue at hand and to refrain from making personal comments or criticisms."

APOLOGIES / LEAVE OF ABSENCE

Political Donations Disclosure

Statement by the Chairperson:

“In accordance with Section 147 of the Environmental Planning and Assessment Act 1979, any person or organisation who has made a relevant planning application or a submission in respect of a relevant planning application which is on tonight’s agenda, and who has made a reportable political donation or gift to a Councillor or employee of the Council, must make a Political Donations Disclosure Statement.

If a Councillor or employee has received a reportable political donation or gift from a person or organisation who has made a relevant planning application or a submission in respect of a relevant planning application which is on tonight’s agenda, they must declare a non-pecuniary conflict of interests to the meeting, disclose the nature of the interest and manage the conflict of interests in accordance with Council’s Code of Conduct.”

declarations of interest

Clause 52 of Council’s Code of Meeting Practice (Section 451 of the Local Government Act, 1993) requires that a councillor or a member of a Council committee who has a pecuniary interest in a matter which is before the Council or committee and who is present at a meeting of the Council or committee at which the matter is being considered must disclose the nature of the interest to the meeting as soon as practicable. The disclosure is also to be submitted in writing (on the form titled “Declaration of Interest”).

The Councillor or member of a Council committee must not be present at, or in sight of, the meeting of the Council or committee:

(a) at any time during which the matter is being considered or discussed by the Council or committee.

(b) at any time during which the Council or committee is voting on any question in relation to the matter.

Clause 51A of Council’s Code of Meeting Practice provides that a Councillor, Council officer, or a member of a Council committee who has a non pecuniary interest in any matter with which the Council is concerned and who is present at a meeting of the Council or committee at which the matter is being considered must disclose the nature of the interest to the meeting as soon as practicable. The disclosure is also to be submitted in writing (on the form titled “Declaration of Interest”).

If the non-pecuniary interest is significant, the Councillor must:

a) remove the source of conflict, by relinquishing or divesting the interest that creates the conflict, or reallocating the conflicting duties to another Council official.

b) have no involvement in the matter by absenting themself from and not taking part in any debate or voting on the issue as if the provisions of Section 451(2) of the Act apply.

If the non-pecuniary interest is less than significant, the Councillor must provide an explanation of why they consider that the interest does not require further action in the circumstances.

confirmation of minutes

THAT the Minutes of the Planning Meeting held on 5 October, 2011 be confirmed; a copy having been distributed to all Councillors.

petitions

Rescission Motions

ITEMS PASSED BY EXCEPTION / CALL FOR SPEAKERS ON AGENDA ITEMS

Note:

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

DEVELOPMENT APPLICATIONS

A Ward Deferred

A Ward

Page Number

Item 1 PLN73/11 Development Application - Demolition and construction of a new restaurant, takeaway food outlet and public toilets - Kangaroo Point, Pacific Highway, Brooklyn

RECOMMENDATION

THAT Development Application No. DA/925/2011 for demolition and construction of a new restaurant, takeaway food outlet and public toilets at Lot 1 DP 740853, Kangaroo Point, Pacific Highway, Brooklyn be approved subject to the conditions of consent detailed in the independent town planning consultant’s report – Nexus Environmental Planning Pty Ltd and reproduced in Schedule 1 of this report.

B Ward Deferred

B Ward

C Ward Deferred

C Ward

General Business

Page Number

Item 2 PLN63/11 Reporting Variations to Development Standards

RECOMMENDATION

THAT Council note the contents of Executive Manager’s Report No. PLN62/11.

Page Number

Item 3 PLN74/11 Heritage Review Stage 5

RECOMMENDATION

THAT:

1. Council endorse a review of heritage items and heritage listed privately owned gardens as part of Heritage Review Stage 5.

2. Council endorse the study brief for the Review of Items and Heritage Listed Gardens attached to Executive Manager’s Report No. PLN74/11 and seek expressions of interest from suitably qualified and experienced heritage consultants to undertake the project.

Page Number

Item 4 PLN75/11 NSW Planning System Review

RECOMMENDATION

THAT:

1. A submission based on the discussion contained in Executive Manager’s Report No. PLN 75/11 be forwarded to the Planning Review Panel for its consideration as part of the listening and scoping stage of the NSW Planning System Review.

2. A copy of the submission be forwarded to Local Members of Parliament for their information.

CONFIDENTIAL ITEMS

Questions of Which Notice Has Been Given

Mayoral Minutes

Notices of Motion

SUPPLEMENTARY AGENDA

MATTERS OF URGENCY

QUESTIONS WITHOUT NOTICE

Planning Report No. PLN73/11

Date of Meeting: 2/11/2011

1 DEVELOPMENT APPLICATION - DEMOLITION AND CONSTRUCTION OF A NEW RESTAURANT, TAKEAWAY FOOD OUTLET AND PUBLIC TOILETS - KANGAROO POINT, PACIFIC HIGHWAY, BROOKLYN

Development Application No:	DA/925/2011
Description of Proposal:	Demolition and construction of a new restaurant, takeaway food outlet and public toilets.
Property Description:	Lot 1 DP 740853, Kangaroo Point Pacific Highway, Brooklyn
Applicant:	Gen March Pty Ltd
Owner:	Hornsby Shire Council
Statutory Provisions:	Hornsby Shire Local Environmental Plan 1994 Open Space A (Public Recreation - Local)
Estimated Value:	$700,000
Ward:	A

RECOMMENDATION

EXECUTIVE SUMMARY

1. The application proposes demolition of the existing structures on the site and construction of a new restaurant, takeaway food outlet and public toilets.

2. The site is owned by Hornsby Shire Council. In accordance with Council’s adopted Policy ‘PSA1 Proposed Council Developments’ and ‘Practice Note No. 7 Assessment Practice’, an independent assessment of the development application has been undertaken by Nexus Environmental Planning Pty Ltd.

3. The proposal is satisfactory with regard to relevant legislation including the Environmental Planning and Assessment Act 1979, Sydney Regional Environmental Plan No.20 (Hawkesbury - Nepean River), and the Hornsby Shire Local Environmental Plan 1994.

4. One submission in support of the proposed development has been received during the exhibition of the proposed development.

5. It is recommended that the application be approved.

ASSESSMENT

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

CONCLUSION

The proposal seeks approval for the demolition of the existing structures on the site and construction of a new restaurant, takeaway food outlet and public toilets.

One submission in support of the proposed development has been received during the exhibition of the proposed development.

Council has referred the application to an independent planning consultancy to assess the application and consider public submissions. The assessment concludes that the application should be approved.

It is recommended that Council approve the application in accordance with the recommended conditions of consent detailed in the independent town planning consultant’s report – Nexus Environmental Planning Pty Ltd and reproduced in Schedule 1 of this report.

Note: At the time of 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.

James Farrington

Acting Executive Manager

Planning Division

Rod Pickles

Manager - Assessment Team 2

Planning Division

Attachments:

1.View	Locality Plan
2.View	Consultant's Report
3.View	Site Plan
4.View	Floor Plans
5.View	Elevations
6.View	Perspective
7.View	Landscape Concept Plan
8.View	New Lease Boundary Plan

File Reference: DA/925/2011

Document Number: D01780859

SCHEDULE 1

GENERAL CONDITIONS

The conditions of consent within this notice of determination have been applied to ensure that the use of the land and/or building is carried out in such a manner that is consistent with the aims and objectives of the relevant legislation, planning instruments and Council policies affecting the land and does not disrupt the amenity of the neighbourhood or impact upon the environment.

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

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

1. Approved Plans and Supporting Documentation

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

*Plan Title*	*Issue*	*Drawn by*	*Dated*
Site Plan (Reference No. 1014 – Drawing No. DA 02)	-	Welsh Major	August 2011
Roof Plan (Reference No. 1014 – Drawing No. DA 03)	B	Welsh Major	July 2011
Ground Floor Plan (Reference No. 1014 – Drawing No. DA 04)	C	Welsh Major	July 2011
Section AA (Reference No. 1014 – Drawing No. DA 05)	-	Welsh Major	August 2011
NE and NW Elevations (Reference No. 1014 – Drawing No. DA 06)	-	Welsh Major	August 2011
SE and SW Elevations (Reference No. 1014 – Drawing No. DA 07)	-	Welsh Major	August 2011
Landscape Concept Plan	-	Hornsby Shire Council	May 2011
New Lease Boundary Plan	-	Hornsby Shire Council	12/10/2011

*Document No.*	*Prepared by*	*Dated*
Statement of Environmental Effects	Welsh Major	August 2011
Traffic Impact Statement (Reference No. 11 173 Report v1)	Traffix	22/08/2011
Waste Management Plan	Gen March Pty Ltd	31 August 2011
Perspective	Welsh Major	-

2. Pruning of Trees to be Retained

The pruning of trees for vehicle access or egress must be undertaken prior to the commencement of any other works.

Trees for pruning must be nominated, and a program of works specifying the pruning that will be undertaken must be agreed with and signed off by a Qualified Arborist (AQF 5).

All tree work must comply with Councils’ Tree Preservation Order and the Australian Standard AS 4373-2007 ‘Pruning of Amenity Trees’.

3. Removal of Existing Trees

This development consent only permits the removal of tree(s) numbered T3 as identified on Site Tree Plan prepared by Hornsby Council (Document registered on 19 September 2011). The removal of any other trees requires separate approval under Council’s Tree Preservation Order.

REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

4. Building Code of Australia

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

5. Sydney Water – Quick Check

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

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

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

6. Erection of Construction Sign

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

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

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

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

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

7. Protection of Adjoining Areas

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

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

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

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

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

8. Toilet Facilities

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

9. 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.

10. Tree Protection Barriers

Tree protection fencing must be erected around trees numbered T5, T8, T9 to be retained at a five metre (5m) setback and in accordance with AS 4970-2009 (Section 4). The tree fencing must be constructed of 1.8 metre ‘cyclone chainmesh fence’.

Tree protection fencing must be erected around trees numbered T4 to be retained at a three metre setback and in accordance with AS 4970-2009 (Section 4). 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.

To avoid injury or damage, any tree located less than 1m from either the one way loop road must have their trunks protected by 2 metre lengths of 75mm x 25mm hardwood timbers spaced at 80mm secured with galvanised wire (not fixed or nailed to the tree in any way.

11. Photographic Recording

A photographic recording of the former restaurant building must be undertaken by a suitably qualified professional prior to the demolition of the building. The photographic recording must be undertaken in accordance with the NSW Heritage Office guidelines and two (2) complete copies submitted to Hornsby Shire Council. The photographic recording must include (but not be limited to) the exterior and interior of the building and the context of the site. Any boarding over window and door openings shall be removed for the duration of the photographic recording to provide clear recordings of the building form and materials. Any historical research or similar material not previously submitted to Council accompany the photographic recording in the interests of future historical reference.

REQUIREMENTS DURING CONSTRUCTION

12. Construction Work Hours

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

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

13. Asbestos and Soil Contamination

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

14. Acid Sulfate Soils

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

15. Demolition

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

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

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

16. Environmental Management

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

17. Works near Trees

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

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

Note: Except as provided above, the applicant is to ensure that no excavation, including sub-surface trenching for stormwater or other services, filling or stockpiling of building materials, parking of vehicles or plant, disposal of cement slurry, waste water or other contaminants is to occur within five metres (5m) of any tree to be retained.

18. Landfill

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

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

19. Disturbance of Existing Site

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

20. 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.

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.

21. Stormwater Drainage

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

a. Connected to an existing Council piped drainage system and/or constructed in accordance with Council’s Sustainable Water Development Control Plan.

b. Headwall outlets if required must be incorporate flow velocity reduction controls (i.e. bedded boulders and small stones) to minimise erosive and scouring impacts to Hawkesbury River. Energy dissipater controls must be landscaped to accommodate outlet flow.

22. Landscaping to external areas

Landscaping to the areas on the eastern side of the proposed building shall include grass to the level outdoor areas and low groundcover planting in the mulched garden bed on embankments at a density of 2 plants per square metre.

23. Retaining Walls

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

24. 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.

25. Food Premises

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

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

26. Grease Trap & Dry Basket Arrestor Installation

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

27. Kitchen Exhaust Installation

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

28. Paving

Any damage to the steps and crazy paving at the southern end of the building, as a result of the development, must be rectified using the same or similar materials.

29. 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.

30. Wastewater Connection to Sydney Water

All wastewater generated by the development must be connected to Sydney Water’s sewerage system.

OPERATIONAL CONDITIONS

31. Use of Premises

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

32. Noise

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

CONDITIONS OF CONCURRENCE - Roads and Traffic Authority

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

33. Demolition and Construction Vehicles

All demolition and construction vehicles must be contained wholly within the site and must not be parked on Pacific Highway.

34. All Works and Regulatory Signage

All works/regulatory signage associated with the proposed development must be at no cost to the Roads and Traffic Authority.

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

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

Disability Discrimination Act

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.

Asbestos Warning

Should asbestos or asbestos products be encountered during demolition or construction works you are advised to seek advice and information 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.

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.

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.

Advertising Signage – Separate DA Required

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

Food Authority Notification

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

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

Council Notification – Food Premises

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

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

Archaeological Work

Prior to work commencing on site, a permit exception should be obtained under s139 (4) of the NSW Heritage Act, 1977.

Standard Report No. PLN74/11

Planning Division

Date of Meeting: 2/11/2011

3 HERITAGE REVIEW STAGE 5

EXECUTIVE SUMMARY

The Heritage Review commenced in 1995 to review requests received for the inclusion or deletion of items from Council’s schedule of heritage items. The Review was later expanded to include additional projects to be reviewed in a series of ongoing stages. Stage 1 of the Review was completed in 1997, Stage 2 in 1999, Stage 3 in 2004 and Stage 4 in 2010. Each stage involved the inclusion and deletion of items from Schedule D (Heritage Items) of the Hornsby Shire Local Environmental Plan (HSLEP) 1994.

Council has received further requests for the inclusion or removal of items from Schedule D of the HSLEP 1994. The owners of a number of properties have requested that their property be included in, or removed from, the list of heritage items. Nominations for inclusions of additional items have also been received from members of the community and community groups.

In accordance with the Strategic Planning Programme, it is recommended that Heritage Review Stage 5 review these items for inclusion or removal from the list of heritage items. It is also recommended that the Review include an analysis of heritage listed privately owned gardens as it has been 18 years since the items were included on the heritage list and the health of many of the gardens may have changed over time.

PURPOSE

The purpose of this report is to seek Council’s endorsement of the content and direction for Heritage Review Stage 5.

BACKGROUND

The HSLEP 1994, gazetted in July 1994, includes heritage conservation provisions and lists over 800 heritage items and 8 heritage conservation areas. The Heritage Review commenced in 1995 to review requests received for deletion or inclusion of items in the heritage schedule. Since this time, the Review has been expanded to include a number of projects related to Council’s heritage provisions. The 4 initial stages of the Heritage Review have been completed as follows:

· Stage 1 – Aboriginal Heritage Study, Brooklyn Cemetery draft LEP, review of heritage items and correction of anomalies within existing listings.

· Stage 2 – Review of the Beecroft-Cheltenham Heritage Conservation Area and Hornsby West Side Heritage Conservation Area, review of heritage items and correction of anomalies within existing listings.

· Stage 3 – Review of heritage items and correction of anomalies within existing listings.

· Stage 4 – Review of heritage items, heritage listed trees and correction of anomalies within existing listings.

Heritage Review Stage 5 is scheduled to be undertaken in 2011/2012 in accordance with the Strategic Planning Programme. This report considers the scope of the Heritage Review.

DISCUSSION

This report discusses the content and direction for Heritage Review Stage 5. It is recommended that Stage 5 include projects which address the currency, accuracy and completeness of Council’s list of heritage items. The progression of the Review would better inform the preparation of Council’s Comprehensive LEP and Consolidated DCP. The projects recommended for inclusion in Stage 5 of the Review are summarised below.

Review of Heritage Items

Since the completion of Heritage Review Stage 4, Council has received further requests for the inclusion or removal of items from Schedule D (Heritage Items) of the HSLEP 1994. The owners of a number of properties have either requested that their property be included in, or removed from, the heritage list. Nominations for inclusion of additional items have also been received from members of the community and community groups. In addition, requests have been received to list new items within existing heritage listings and review the details of heritage listing. There are 30 individual items that have been nominated for listing or removal from Schedule D. It is recommended that the requests be assessed as part of Stage 5 of the Heritage Review with the assistance of an appropriately qualified heritage consultant.

Review of Heritage Listed Privately Owned Gardens

Schedule D (Heritage Items) of the HSLEP includes 114 heritage items that include gardens. The gardens may be listed as a component of a larger listing (i.e. with a dwelling-house) or as a stand alone item. There are 42 privately owned, heritage listed gardens on properties that contain no other heritage listed items.

The list of heritage items was compiled from the Hornsby Shire Heritage Study undertaken in 1993. It has been 18 years since the items were included on the heritage list. The health of many of the gardens may have changed over time. In some instances, the gardens may be in a poor state of health, have died or been removed as a result of storm damage. Furthermore, as a result of subdivisions and/or development, the context or setting of the gardens may have been compromised. Accordingly, it would be prudent to undertake a review of the heritage significance, including condition, of the heritage listed gardens.

Reviewing all 114 heritage listed privately owned gardens would not be feasible under the budget for this project. Removing heritage listed gardens on private properties which contain another heritage listed item, such as a house, may amend the heritage attributes for the listing of a property under Schedule D of the HSLEP to remove reference to the garden. However, the property would retain its heritage status for any other component of heritage identified on the property. Therefore, it is recommended that a review be undertaken of the 42 heritage listed gardens on properties that contain no other heritage listed items.

The review should aim to identify private gardens as heritage items only where the significance of a garden can be demonstrated on heritage grounds (eg. the garden forms part of a notable streetscape and contains prominent trees and landscape features). The project should include the engagement of an appropriately qualified heritage consultant.

Should Council resolve to undertake a review of heritage items and an assessment of heritage listed privately owned gardens, a list of items to be reviewed and a draft Study Brief has been prepared (copy attached).

STATUTORY CONSIDERATIONS

Should Council endorse the recommendations of this report, any future amendments to the list of heritage items under Schedule D of the HSLEP 1994 would require the preparation of a planning proposal. The planning proposal would be the subject of a further report to Council.

CONSULTANT SELECTION

Should Council resolve to undertake a review of items and assessment of heritage gardens, the selection and engagement of the consultants would be in accordance with Council’s Consultants – Engagement and Selection Policy. The consultants would be engaged through a selective call for quotations and response to the Study Brief.

FINANCIAL

There would be financial and resource implications associated with undertaking the projects recommended as part of Heritage Review Stage 5. The current Annual Operating Plan for the Town Planning Services Branch includes a consultant budget allocation of $70,000 to undertake the project.

CONSULTATION

Should Council resolve to endorse the projects under Heritage Review Stage 5, consultation would be undertaken with the relevant stakeholders, including property owners, Hornsby Shire Historical Society and relevant branches of Council. Council’s Heritage Advisory Committee would also be consulted in respect to the items to be investigated as part of the Review of Items.

TRIPLE BOTTOM LINE SUMMARY

A Triple Bottom Line (TBL) Statement forms part of Council’s efforts towards “creating a living environment”. The Statement addresses the strategic themes within Council’s Management Plan that cover social, environmental and economic factors and the corresponding sustainability questions contained in the TBL checklist.

Working with our community: Heritage Review Stage 5 would address submissions by property owners and interested community members concerning Council’s list of heritage items. The Heritage Review provides for collaboration concerning the conservation of heritage items.

Conserving our natural environment: The Heritage Review provides an on-going review of heritage items to assist property owners to conserve identified heritage items within the Shire. Council’s heritage provisions aim to encourage the ongoing conservation of heritage items.

Contributing to community development through sustainable facilities and services: The Heritage Review does not relate directly to the provision of services and facilities. Accordingly, no adverse impact on opportunities for community development would be expected.

Fulfilling our community’s vision in planning for the future of the Shire: Heritage Review Stage 5 would assist in promoting the conservation of the important heritage values within the Shire.

Supporting our diverse economy: Heritage Review Stage 5 aims to assist in the conservation of important character elements and heritage values which enhance the attractiveness of the Shire as a place to live and work.

Maintaining sound corporate and financial management: The Heritage Review does not relate directly to corporate and financial management. Accordingly, no adverse impact on management principles would be expected.

Other Sustainability Considerations: Heritage Review Stage 5 would not have an adverse impact on the environment of the Shire.

CONCLUSION

The Heritage Review was commenced in 1995 to review requests received for the inclusion or deletion of items from Council’s schedule of heritage items. The 4 initial stages of the Heritage Review have been completed. Council has received further requests for the inclusion or removal of items from Schedule D of the HSLEP 1994. It is recommended that Heritage Review Stage 5 be progressed to review these items and heritage listed privately owned gardens.

RECOMMENDATION

THAT

1. Council endorse a review of heritage items and heritage listed privately owned gardens as part of Heritage Review Stage 5.

James Farrington

Executive Manager - Planning

Planning Division

Attachments:

1.View	Review Of Heritage Items and Gardens
2.View	Heritage Review Stage 5

File Reference: F2008/00501

Document Number: D01781996

Standard Report No. PLN75/11

Planning Division

Date of Meeting: 2/11/2011

4 NSW PLANNING SYSTEM REVIEW

EXECUTIVE SUMMARY

In July 2011, the Minister for Planning and Infrastructure announced a review of the Environmental Planning and Assessment (EP&A) Act, 1979 with the intent of drafting new planning legislation for the State. To oversee the review, a Planning Review Panel has been established and is seeking submissions from all interested parties on suggestions to inform the review.

Constant amendment to the EP&A Act has resulted in an Act that is overly complex and difficult to comprehend. The repercussions of this are excessive time delays in the planning process, the process has become too legalistic, developers and the community have lost confidence in the ability of government to deliver outcomes and potential investment in the State is being stifled.

It is recommended that Council forward a submission to the PRP identifying its general support for the review of the NSW Planning System and providing suggestions for the drafting of new legislation.

PURPOSE

The purpose of this report is to seek endorsement of a submission to the Planning Review Panel for consideration as part of the current review of the NSW Planning System.

BACKGROUND

The EP&A Act is the primary legislation governing land use planning and development assessment matters in NSW. In July 2011, the Minister for Planning and Infrastructure announced the establishment of a Planning Review Panel (PRP) to oversee a review of the EP&A Act with the intent of providing independent advice to the NSW Government in drafting new planning legislation for the State. The PRP is being jointly chaired by:

· Former Environment Minister and current Land and Environment Court Commissioner, Tim Moore; and

· Former Community Services and Public Works Minister, Ron Dyer.

The review will be conducted in three stages:

· Listening and scoping stage – to identify the key outcomes and principles for a new planning system (ending November 2011);

· Green paper – outlining options for the future planning system and the basis of a legislative scheme (to be released December 2011); and

· White paper – setting out the Government’s new framework for the NSW planning system, including the draft legislation (to be released mid 2012). It is proposed to place the Bill before Parliament in the latter half of 2012.

As part of the listening and scoping stage, the PRP has undertaken over 50 consultation forums throughout the State and held meetings with a wide spectrum of key stakeholder groups and individuals. Written submissions are also invited and will be received until 4 November 2011.

DISCUSSION

The PRP is seeking views on what should be the broad underpinning principles for legislation to replace the EP&A Act. The PRP has identified four main questions that councils should consider when making submissions, as summarised below:

· What should be the underpinning objectives and philosophy of a new legislative structure?

· How should plan making be undertaken?

· How should applications for proposals for development be assessed and determined?

· What should be the availability of review or appeal from determinations concerning development?

The EP&A Act was innovative legislation when first introduced. It incorporated environmental impact assessment into the approvals process, introduced public participation and shared the responsibilities for plan making and approvals between the State and local government. However, constant amendment to the EP&A Act has resulted in an Act that is overly complex and difficult to comprehend. The repercussions of this are excessive time delays in the planning process, the process has become too legalistic, developers and the community have lost confidence in the ability of government to deliver outcomes and potential investment in the State is being stifled.

The scope for submissions on the review is generally unlimited. Therefore, it would be appropriate for Council to prepare a submission identifying its general support for review and providing the top 10 issues faced by Council in the implementation of the EP&A Act including suggestions for the drafting of new legislation. The following discussion identifies the basis for a submission.

1. Overly Complex System

The objectives of the EP&A Act are one of its strengths, remain relevant and should form the basis of any new planning legislation. However, ongoing amendments to the Act and Regulations, and the various instruments made under the Act (eg. State Environmental Planning Policies (SEPPs), Ministerial Directions and the Standard Instrument) have resulted in an overly complex system which is difficult to navigate and interpret.

There is also poor integration between the EP&A Act and other legislation related to planning and the environment resulting in the need for concurrence with various State Government agencies (i.e. integrated development). The new planning legislation should:

· integrate the three layers of planning controls (State, regional and local) into a local plan to reduce the complexity of planning legislation. A local plan should be consistent with a State Plan endorsed by Parliament, a regional and sub-regional plan endorsed by cabinet and the local strategic plan endorsed by Council;

· establish simple development assessment procedures based on the complexity of development and likely environmental impact. The level of detail and consultation requirements should also be commensurate with same; and

· elevate the status of both the new planning legislation and the Department of Planning and Infrastructure (DP&I) to ensure that it is given the leading role in resolving interdepartmental development and infrastructure provision issues. The Department should be appropriately resourced to perform this function.

2. Centralised Planning System

One of the founding objectives of the I was “to promote the sharing of environmental planning between the different levels of government in the State”. However, this ideal has been eroded by ad-hoc amendments to, and instrument made under, the Act. Many of these amendments have been well intentioned. However, there have also been a number of reactionary amendments to local planning instruments by way of SEPPs without adequate consultation. Reduction in the number of ad-hoc amendments would provide greater certainty to developers and the community. The new planning legislation should:

· ensure that the responsibility for planning is appropriately shared between State and local government to ensure the needs of the regional and local population and environments are appropriately met. Local government is best placed to determine the needs and desires of the local community and environment and actively influence, through appropriate planning, the society in which we live. Greater autonomy in decision making, guided by the plans/policies of State Government, should be provided to local government;

· establish a transparent and non-political process for the declaration and assessment of State and regionally significant development (eg. Planning Assessment Commission) to ensure that State, regional and local matters are considered by the appropriate sphere of government and that such consideration is robust; and

· Establish a process for regular, holistic review of the legislation to ensure it is kept up to date and reflects community attitudes.

3. Accountability, Certainty and Community Confidence

Some members of the development industry and the community have commented that proper strategic planning has been replaced by ad-hoc project planning. It has also been suggested that strategic planning documents do not adequately justify their recommendations or include mechanisms to deliver recommendations. This has resulted in a lack of community confidence. For example, the Metropolitan and sub-regional strategies do not provide a rationale for the distribution of, and responsibility for, accommodating the anticipated population growth of Greater Sydney throughout the various subregions. The new planning legislation should:

· promote the primacy of strategic planning in the planning process;

· deliver whole of government strategic plans for the various regions of NSW. Such plans should form a legally binding document for the State Government agencies and include key performance indicators to determine whether the State Government commitments are delivered; and

· require local strategic plans to be informed by relevant studies and incorporate action plans which identify the vision/objectives, the strategy/action, a timeframe for delivery, costing, funding sources and responsibility for delivery (i.e. State Government agencies, council and/or private parties).

4. Responsive to Emerging Local Issues

The recent amendments to the plan making provisions of the EP&A Act (i.e. gateway determination) are a positive step towards streamlining the process. However, the implementation of the gateway process should to be refined as it is not performing the function originally envisaged. In some instances, the gateway planning panel is deferring a determination until all supporting planning studies have been undertaken rather than giving the planning proposal an “in principle approval” having regard to consistency with State and regional plans. This may potentially result in a council spending its time and resources undertaking planning studies that are subsequently not supported by the planning panel.

Further, the plan making provisions of the EP&A Act are not adequately responsive to the need to address minor local planning issues. It often takes a year to make a minor LEP such as correcting obvious anomalies. There are pinch points in the current plan making process, such as the need to obtain drafting advice from Parliamentary Counsel (PC), that result in significant time delays with minimal added value. The new planning system should:

· establish guidelines concerning the role and function of the gateway planning panel to require the panel to issue a formal gateway determination, or not, based on the consistency of the proposal with State and regional plans;

· include delegation of plan making powers to local government for minor LEPs. Joint Regional Planning Panels and/or the Planning Assessment Commission could be vested with the responsibility to review the consistency of more significant LEPs with State and Regional Strategies; and

· remove PC from the process where local plans are consistent with model plans. Alternatively, independent legal advice should be able to be obtained instead of having to obtain PC advice for minor LEPs.

5. Transparency in Assessment Process

There are numerous variations in the assessment process due to the number of parts within the EP&A Act dealing with various development types (i.e. Pt 3A, Pt 4 and Pt 5). These have been drafted separately to deliver different aims, namely an assessment process for State significant development, local development and critical infrastructure. There are also numerous layers of plans made under the EP&A Act that determine land use strategies and the process for assessment (egs. Exempt and Complying Development Codes SEPP, Infrastructure SEPP and Development Without Consent SEPP). This leads to a lack of transparency and it is often difficult to communicate the reasons for the different assessment processes to the community. The new planning legislation should:

· deliver one set of provisions under the new Act relating to all forms of development assessment; and

· establish a single local plan containing all the planning controls applying to a parcel of land based on the integration of State, Regional and local plans. The Standard Instrument format should provide the base for the new Plan. However, it should be simplified and provide the flexibility to enable councils to better deal with local issues.

6. Streamlined Assessment Process

Complying development under the Exempt and Complying Development SEPP has had a relatively low take up rate as it is overly complicated with numerous predetermined criteria that, in some cases, are more restrictive than Council’s own complying development policies. The community has also expressed concern regarding the notification of approved complying development, especially when it does not comply with local development controls. The new planning legislation should:

· consider the expansion of complying development types and remove unnecessary technical development standards to improve the take up rate;

· stream line the assessment process for less complex local development by reducing the submission requirements and matters for consideration; and

· reduce the number of concurrences required in the development assessment process and require the DP&I to co-ordinate other relevant State government agencies at the regional level.

7. Highly Regulated System

The Standard Instrument program aims to standardise LEPs across the State to simplify the planning system and incorporate only key development standards in the LEP. The Standard Instrument has had some success in improving interpretation of the planning system by application of consistent terms and definitions in both State and local environmental planning instruments. However, further improvements are required to reduce the high levels of regulation. The new planning legislation should:

· be focused on facilitating appropriate development (rather than preventing inappropriate development) by promoting the establishment of environmental planning instruments that contain clear desired outcomes supported by key development controls/guidelines.

8. Meaningful Community Involvement in Planning Process

One of the founding objectives of the EP&A Act was “to provide increased opportunity for public involvement and participation in environmental planning and assessment”. There has always been a high level of community involvement in the development application process but not at the strategic planning stage. Greater involvement at the front end of the planning process would engender ownership of the plan, remove uncertainty around approvals and likely increase investment in development projects. The new planning legislation should:

· be focused at the front end of the planning process where there is opportunity for more meaningful input by enhancing community engagement and notification provisions at the strategic planning stage; and

· include community engagement and notification provisions for development applications that are appropriate to the complexity of development.

9. Funding of Required Infrastructure

Rate pegging, the devolution of costs from State to local government and the more recent capping of development contributions in an effort to improve housing affordability has placed councils under significant pressure to find adequate resources to provide basic services and infrastructure to residents. The new planning legislation should:

· identify a range of funding options for development-generated infrastructure that are based on the user-pays principle. The principle of nexus should generally remain the basis for determining contributions and funding arrangements for areas experiencing significant development pressure;

· apply a greater maximum rate (i.e. 3-4%) to fixed rate (Section 94A) levies to make them a viable alternative to Section 94 contributions. The application of these levies would be useful in infill and slow-growth development areas where application of the nexus based principle for allocation of development contributions is onerous; and

· consider removal of the current development contribution and fixed rate levy caps. The effectiveness of the current caps in improving housing affordability or housing supply should be investigated by IPART and the caps removed if they are not shown to be achieving their objectives. If the contributions caps remain then they should be indexed to CPI.

10. Litigious and Adversarial System of Review

Appeal or review rights should be included in planning legislation to ensure integrity, certainty and public confidence in the planning system. However, the current appeal/review rights process has resulted in a litigious and adversarial system of review. The new planning system should:

· retain the opportunity for Section 82A Reviews and Section 96 modifications to plans but include provisions to rectify the limits of modification under both regimes. Furthermore, the ability to impose Section 94 contributions on a Section 96 modification to development that generates additional demand for infrastructure and services should be clarified;

· reduce the opportunities for third party appeals on minor points of law relating to the process followed for the assessment of development applications; and

· retain current opportunities for applicant appeal but consider removal of appeal rights for certain development types and plans. For example, Section 94 conditions imposed under plans reviewed and approved by either the DP&I or IPART should not be able to be challenged at the Land and Environment Court on the grounds of unreasonableness.

CONSULTATION

Council’s Managers, Assessment and Subdivision Teams have been consulted in the preparation of this report.

TRIPLE BOTTOM LINE SUMMARY

Triple Bottom Line is a framework for improving Council decisions by ensuring accountability and transparency on social, environmental and economic factors. It does this by reporting upon Council’s strategic themes. As this report only provides Council with information and does not propose any actions which require a sustainability assessment, no Triple Bottom Line considerations apply.

CONCLUSION

This report identifies that constant amendment to the EP&A Act has resulted in an Act that is overly complex and difficult to comprehend. It is recommended that Council forward a submission to the PRP identifying its general support for the review of the NSW Planning System and providing suggestions for the drafting of new legislation.

RECOMMENDATION

THAT:

2. A copy of the submission be forwarded to Local Members of Parliament for their information.

James Farrington

Acting Executive Manager

Planning Division

Attachments:

There are no attachments for this report.

File Reference: F2004/07218-03

Document Number: D01784080