Agenda of General Meeting

Planning Report No. PL7/12

Planning Division

Date of Meeting: 18/07/2012

8 DEVELOPMENT APPLICATION - SUBDIVISION OF ONE ALLOTMENT INTO TWO,
34 PEEBLES ROAD, FIDDLETOWN

EXECUTIVE SUMMARY

DA No:	DA/86/2012
Description:	Subdivision of one allotment into two
Property:	Lot 1 DP 406980, No. 34 Peebles Road, Fiddletown
Applicant:	MB Town Planning
Owner:	Mr D Potter
Estimated Value:	N/A
Ward:	A

· The application proposes subdivision of one allotment into two.

· The proposal does not comply with the 10 hectare minimum lot size development standard under the Hornsby Shire LEP 1994. The applicant has made a submission pursuant to SEPP Policy No. 1 – Development Standards to vary the standard. The submission is considered well founded and is supported.

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

· It is recommended Council seek the concurrence of the Director-General of the Department of Planning and Infrastructure for approval of the application.

RECOMMENDATION

THAT Council seek the concurrence of the Director-General of the Department of Planning and Infrastructure pursuant to State Environmental Planning Policy No. 1 – Development Standards and approve Development Application No. 86/2012 for subdivision of one allotment into two at Lot 1 DP 406980, No. 34 Peebles Road, Fiddletown, subject to the conditions of consent detailed in Schedule 1 of Group Manager’s Planning Report No. PL7/12.

BACKGROUND

The site formed part of an original land grant (Portion 96) with an area of 9.712 hectares and is divided by Peebles Road which was in existence in 1922. The Portion was subsequently subdivided in 1951 and again in 1961 to form the subject site. An adjoining parcel was subdivided in 1974 into two lots each fronting either side of Peebles Road.

On 4 November 2009, Council approved DA/914/2009 for subdivision of No. 30 Peebles Road into two lots each fronting either side of Peebles Road.

THE SITE

The site comprises a rural holding of 2.450 hectares and occupies a section of a low ridge (Fagan Ridge) that extends from Arcadia to Marramarra National Park. The site has frontage to both sides of Peebles Road which traverses through the site. The site is generally uniform in shape. Peebles Road divides the site into a 0.588 hectare parcel on the western side and a 1.866 hectare parcel on the eastern side of the road. The western side contains an existing dwelling house, metal sheds and a dam. The eastern side contains an orchard which is in production and two dams.

An unformed road reserve off Peebles Road adjoins the northern boundary of the eastern part of the site.

The majority of the site is cleared of vegetation. The eastern part of the site drains to Fiddletown Creek and the western part drains to Coolah Creek, which are tributaries of Marramura Creek and the Hawkesbury River.

The site is within a bushfire prone area.

The locality is characterised by similar sized farm holdings along Peebles Road and Fagan Ridge, north of Northholm Grammar School. The farm holdings are generally bordered by large tracts of Crown land comprising bushland.

THE PROPOSAL

The proposal is for the subdivision of one allotment into two lots.

Proposed Lot 10 has frontage to the western side of Peebles Road, has an area of 0.5880 hectares and is the site of the existing dwelling house, a number of sheds and a dam. The lot is generally triangular in shape and has an average fall of 6% to the south western corner of the lot. The lot is cleared of native vegetation.

Proposed Lot 11 has frontage to the eastern side of Peebles Road, has an area of 1.866 hectares and is the site of an existing orchard and two dams. The Lot is elevated to surrounding land and has an average fall of 2% to the frontage and to the southern and northern boundaries and a fall of 5% to the rear eastern boundary. The Lot is cleared of native vegetation.

No subdivision works are required for the proposal.

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). 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 2012.

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 focus of the Strategy over the next 25 years is to accommodate more residential growth in existing urban areas through urban consolidation and concentrated housing growth around centres on major transport routes. The Strategy provides for the rural areas of Hornsby Shire to be protected from urban development. The proposal seeks to formalise the subdivision of a parcel of land that has already been bisected by an existing road. Therefore, the proposal is not inconsistent with the Strategy.

2. STATUTORY CONTROLS

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

2.1 Hornsby Shire Local Environmental Plan 1994

The subject land is zoned Rural AA (Large Holdings – Agricultural Landscapes) under the Hornsby Shire Local Environmental Plan 1994 (HSLEP). The objectives of the zone are:

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

(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 improved the environmental qualities, and is within the servicing capacity, of the area.

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

Clause 14 of HSLEP prescribes a minimum area of 10 hectares per allotment for subdivision in the Rural AA Zone. The proposed subdivision does not comply with the minimum area and is subject to a submission pursuant to State Environmental Planning Policy No. 1 – Development Standards seeking to vary the standard. Refer to discussion in Section 2.2.

Clause 18 of HSLEP sets out heritage conservation provisions within Hornsby Shire. The site does not contain a heritage item and is not within a heritage conservation area. Accordingly, Clause 18 does not apply.

2.2 Draft Hornsby Local Environmental Plan (Draft LEP)

The Draft LEP was placed on exhibition on 5 June 2012. The subject land is to be zoned RU1 Primary Production which essentially reinforces the current rural zone and the 10 hectare minimum lot size. Pursuant to Clause 4.2 of the Draft LEP, land may be subdivided to less than 10 hectares for primary production subject to a lot not being the site of an existing dwelling or of a future dwelling. Pursuant to Clause 4.6 of the Draft LEP, consent must not be granted where the subdivision will result in 2 or more lots less than the minimum area or a lot less than 90% of the minimum area.

The provisions of the Draft LEP preclude the operation of State Environmental Planning Policy No. 1 – Development Standards and would prohibit the proposed subdivision. In this regard, the savings provision under Clause 1.8A is to be considered:

1.8A Savings provisions relating to development applications (local)

If a development application has been made before the commencement of this Plan in relation to land to which this Plan applies and the application has not been finally determined before that commencement, the application must be determined as if this Plan had been exhibited but had not commenced.

The provisions of the Draft LEP are a matter for consideration under Section 79C(1)(a)(ii) of the Environmental Planning and Assessment Act 1979. In this regard, the applicant’s submitted objection to the minimum lot area development standard is considered well founded and is supported as discussed below in Section 2.3.

Refusal of the application in respect to the provisions of the Draft LEP is considered unwarranted in the circumstances of this application.

2.3 State Environmental Planning Policy No. 1 – Development Standards

The applicant has submitted an objection against Council’s adherence to the minimum 10 hectare lot size development standard under Clause 14 of the HSLEP. The existing lot area is 2.450 hectares. The two proposed lots are 0.588 hectares and 1.866 hectares respectively.

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

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

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

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

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

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

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

The applicant’s objection is made with regard to the above 5 point test and the objectives of the Rural AA zone and includes the following statement:

1. The proposed subdivision would complete an established pattern of subdivision of the original Portion 96 whereby allotments are created either side of Peebles Road. Furthermore, the subject allotment is the only allotment in the wider locality that is divided by a road. The proposal represents an orderly pattern of development, having regard to object 5(a)(ii) of the Act. In that circumstance, a requirement that the development standard be upheld by preventing subdivision resulting in separate allotments divided by the road would be unreasonable.

2. Allotments in the locality are already generally less than the minimum lot size. The control presently acts to limit lot sizes, albeit that the minimum lot size is not generally achieved, so that the zone objectives are achieved to some extent. Whilst that function of the development standard is generally appropriate, it is not appropriate in the present circumstances in which the subject allotment is the only allotment in the locality that is divided by a road, and in which the proposed subdivision will complete an already established pattern of subdivision in its immediate locality.

3. The objectives of the development standard are directly related to the zone objectives. The zone objectives incorporate consideration of the need to maintain the visual qualities of the rural locality. The proposal would not be contrary to that objective because there is already an established visual expectation that allotments, and the dwellings on those allotments, are arranged either side of the road. Furthermore, the established tree plantings along Peebles Road will screen and thereby soften the visual impact of a dwelling on Proposed Lot 11.

4. The zone objectives include consideration of agricultural productivity. However, the existing allotment is already well below the 10 hectare minimum lot size which serves as a benchmark for maintaining agricultural activity. The proposal will not, in any case, result in the loss of any current agricultural uses (orchard trees). The proposal will enhance agricultural productivity to the extent that it will facilitate more effective management of the property. It is considered likely that the agricultural use of the property will serve as a supplementary source of income to the occupant, as well as enhancing their enjoyment of the rural locality.

5. The proposal will not establish an undesirable precedent because of the circumstances of the site that are unique within the locality. The proposal is not of a magnitude that will, in its own right, lead to discernible impacts to the natural environment or in relation to the service capacity of the area.

The applicant’s objection to the 10 hectare lot size development standard is considered well founded and is supported for the following reasons: -

(a) the proposal completes the pattern of development involving the original land portion divided by a public road;

(b) the proposal maintains the linear pattern of rural development along Peebles Road;

(c) the majority of rural lots in the locality are less than 10 hectares in size notwithstanding the Rural AA zoning, and

(d) the proposal would not result in a precedent given the unique circumstances of the case.

The approval of the Director-General of the Department of Planning and Infrastructure is required for the proposed subdivision in accordance with Planning Circular PS 08-003 concerning variation to development standards. In accordance with the Circular, approval of the Director-General is required as more than one allotment does not comply with the minimum allotment size and the variation sought is greater than 10%.

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

The Policy provides for the remediation of contaminated land to reduce risks to human health and the environment and includes provision for identifying potentially contaminated land and standards for remediation.

The applicant has submitted a Phase 1 Preliminary Site Investigation prepared by Sydney Environmental & Soil Laboratory in accordance with the Policy. The assessment determines the area suitable for the proposed subdivision subject to a Phase 2 Detailed Site Inspection as follows:

(a) Assessment of the orchard in accordance with Department of Environment and Conservation (2005) Contaminated Sites: Guidelines for Assessing Former Orchards and Market Gardens.

(b) Targeted assessment of the former sheds location in regards to the potential contamination from the weathering of metal containing materials and asbestos containing materials.

(c) Assessment of the extent of asbestos contamination.

The proposal does not include the use of the land for residential purposes. Should the site be proposed for future a future dwelling, a further assessment under SEPP 55 would need to be considered.

2.5 Rural Fires Act 1997

The site is within a bushfire prone area. The development application for subdivision is ‘integrated development’ and was referred to the NSW Rural Fire Service (RFS) for assessment in accordance with Planning For Bushfire Protection NSW 2006 guidelines.

The RFS raises no objection to the proposed subdivision subject to recommended conditions.

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

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

Clause 11 of the Plan includes development controls for intensive horticultural establishments and intensive animal industries including horse training and boarding establishments.

The proposed subdivision does not involve any works and therefore, would not adversely impact on the river or the catchment.

2.7 Rural Lands Development Control Plan

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

Rural Lands Development Control Plan

Control

Proposal

Requirement

Compliance

Lot size

Lot 10 – 0.588 ha

Lot 11 – 1.866 ha

10 ha

The proposed development does not comply with the minimum lot area prescriptive requirement within Council’s DCP. The matter of non-compliance, as well as a brief discussion on compliance with relevant performance requests are discussed as follows.

2.7.1 Subdivision

The existing land parcel and the majority of the surrounding properties with the Rural AA zone do not comply with the prescribed minimum 10 hectare lot size. The proposed subdivision maintains the pattern of rural development along Peebles Road. The rural land uses in the locality include horse keeping, orchards, poultry farming, small scale livestock and flower growing. The proposed subdivision would provide for similar rural activities.

Proposed Lot 10 has an area of 0.588 hectares and is substantially less in area than surrounding lots in the locality, notwithstanding that the majority of lots are less than the required 10 hectares. A review of allotments in the locality along Peebles Road, Cobran Road, Arrunga Road and Nollands Road within the Rural AA Zone, has determined there are no similar land parcels divided by a public road.

The existing pattern of development along Peebles Road would not be altered by the proposal as the existing frontages physically remain the same. In this regard, the proposed subdivision is considered acceptable in maintaining the rural character of the area.

2.7.2 Setbacks

The proposal does not involve any building works. The proposed subdivision maintains the setbacks of the existing dwelling and sheds from the road reservation (front boundary – 10m-14m) and side boundary (9m-13m) of proposed Lot 10, which remain unchanged. The dwelling and sheds are in non-compliance with the required 15m setback. The non-compliance is acceptable with regard to the existing rural character which remains unchanged.

2.7.3 Agriculture

The existing land parcel is effectively divided by Peebles Road. The road hinders the use of the land for agricultural purposes due to traffic safety with the house and farm buildings on one side and the main farming operation on the other. The proposed subdivision would assist in promoting a more viable use of the respective lots and is consistent with the DCP agriculture performance criteria, ie: “The use of land should conserve the potential for the agricultural use of the land”.

2.7.4 Drainage Control

The proposal would not alter the existing drainage pattern.

2.7.5 Fences and Gates

The proposed subdivision does not alter the existing boundary fencing and would not warrant new fencing.

2.8 Draft Development Control Plan (Draft DCP)

The Draft DCP generally reiterates the current Rural Lands DCP. The proposed subdivision does not include any subdivision or building work and would not result in any inconsistency with the Draft 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

The site is clear of native vegetation with the lawn areas, scattered trees, shrubs on the western side of the road and a cultivated orchard on the eastern side of the road.

The proposed subdivision would not result in the removal of any trees.

3.2 Built Environment

The existing dwelling house and sheds on proposed Lot 10 would be retained.

Proposed Lot 11 would provide for a future dwelling house subject to the requirements of the NSW Rural Fire Service. In this regard, no future dwelling on proposed Lot 11 would be allowed within 60m of the eastern boundary and 25m of the eastern half of the northern boundary.

3.3 Social Impacts

The proposal would involve minimal population increase and maintain the rural character of the locality.

3.4 Economic Impacts

The proposed lots would remain viable for a range of agricultural pursuits given the close proximity to the Sydney market.

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 NSW Rural Fire Service considered the proposed subdivision and raises no objection to the proposal subject to recommended conditions.

4.2 Land Contamination

The land use history of the site mainly involves horticulture. A preliminary contamination assessment has determined the site is suitable for the proposed subdivision.

Any future residential land use would be subject to more detailed site investigation.

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 14 February and 6 March 2012 in accordance with Council’s Notification and Exhibition Development Control Plan. During this period, Council received no submissions.

5.2 Public Agencies – NSW Rural Fire Service

The development application is Integrated Development under the Act requiring approval of the NSW Rural Fire Service (RFS).

The RFS raised no objection to the proposal subject to conditions for; asset protection zones, provision of services and access, upgrading of the existing dwelling and landscaping for bush fire protection.

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 proposal requires variation of the minimum 10 hectare lot size development standard. The applicant’s submitted objection to the standard is considered well founded and is supported. On balance, it is considered that the approval of the proposed subdivision would be in the public interest.

CONCLUSION

The proposed development is for the subdivision of an existing rural allotment which is physically divided by a public road.

The proposed subdivision is considered satisfactory in maintaining the rural character of the locality, notwithstanding non-compliance with the minimum lot size applicable for the subject Rural AA zone. The majority of allotments in the Peebles Road locality are less than the minimum 10 hectare development standard.

The applicant’s submitted SEPP 1 objection to the development standard is considered well founded with regard to the planning principles established by the Land and Environment Court.

The circumstances of the application are considered to be unique with the existing parcel being divided by Peebles Road. The proposal would maintain the pattern of rural development along Peebles Road and in this regard would not establish an undesirable precedent for smaller rural lot subdivision.

The proposed subdivision is considered acceptable with regard the provisions of the relevant environmental planning instruments applicable to the rural site, the Rural Lands DCP and the requirements of the NSW Rural Fire Service.

The application is recommended for approval.

Rod Pickles

Manager - Assessment Team 2

Planning Division

James Farrington

Group Manager

Planning Division

Attachments:

1.View	Locality Plan
2.View	Cadastral Plan
3.View	Subdivision Plan

File Reference: DA/86/2012

Document Number: D01951432

SCHEDULE 1

GENERAL CONDITIONS

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

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

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

1. Approved Plans and Supporting Documentation

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

*Plan No.*	*Drawn by*	*Dated*
002 – Subdivision Plan	Acre Surveying	2/9/2011

REQUIREMENTS PRIOR TO THE ISSUE OF A SUBDIVISION 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.

2. 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. A s73 Certificate must be obtained from Sydney Water

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.

3. s94 Infrastructure Contributions

The payment to Council of a contribution of $20,000 for one additional lot towards the cost of infrastructure identified in Council’s Development Contributions Plan 2007-2011.

Note: * The value of contribution is capped at $20,000 per additional lot in accordance with Ministerial Direction (Section 94E of the Environmental Planning and Assessment Act 1979) issued on 16 September 2010. In the event that this Direction is repealed or amended, Council will apply the value of the contribution from the date of this consent, 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.

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.

4. Asset Protection Zones

At the issue of subdivision certificate and in perpetuity the entire lot 10 shall be managed as an inner protection area (IPA) as outlined within section 4.1.3 and Appendix 5 of ‘Planning for Bush fire Protection 2006’ and the NSW Rural Fire Service’s document ‘Standards for asset protection zones’.

The intent of measures is to provide sufficient space and maintain reduced fuel loads so as to ensure radiant heat levels of buildings are below critical limits and to prevent direct flame contact with a building.

5. Water and Utilities

Water, electricity and gas are to comply with section 4.1.3 of ‘Planning for Bush Fire Protection 2006’.

The intent of measures is to provide adequate services of water for the protection of buildings during and after the passage of a bush fire, and to locate gas and electricity so as not to contribute to the risk of fire to a building.

6. Access

Property access roads shall comply with section 4.1.3 (2) of ‘Planning for Bush Fire Protection 2006’.

The intent of measures for property access is to provide safe access to/from the public road system for fire fighters providing property protection during a bush fire and for occupants faced with evacuation.

Design and Construction

The existing building on proposed Lot 10 is required to be upgraded to improve ember protection. This is to be achieved by enclosing all openings (excluding roof tile spaces) or covering openings with a non-corrosive metal screen mesh with a maximum aperture of 2mm. where applicable, this includes any sub floor areas, openable windows, vents, weepholes and eaves. External doors are to be fitted with draft excluders.

The intent of measures is that buildings are designed and constructed to withstand the potential impacts of bush fire attack.

7. Landscaping

Landscaping to the site is to comply with the principles of Appendix 5 of ‘Planning for Bush Fire 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.

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.

Subdivision Certificate Requirements

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

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

· A surveyor’s certificate certifying that all services, drainage lines or access are located wholly within the property boundaries. Where services encroach over the new boundaries, easements are to be created.

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

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

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

Fees and Charges – Subdivision

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

Rural Fire Service

Within Lot 11 no future dwelling should be allowed within 60m of the eastern boundary and 25m of the easterly half of the northern boundary.

Site Contamination

Any future residential development of Lot 11 would need to be subject to a Phase 2 Detailed Site Investigation as recommended by Sydney Environmental & Soil Laboratory in Report C6751.Q2669.B19871 FA PSI dated October 2011.

Planning Report No. PL8/12

Planning Division

Date of Meeting: 18/07/2012

9 DEVELOPMENT APPLICATION - CHANGE OF USE OF THE BEROWRA WATERS BOATSHED AND KIOSK, BEROWRA WATERS ROAD, BEROWRA WATERS

EXECUTIVE SUMMARY

DA No:	DA/1177/2011
Description:	Change of use of the Berowra Waters Boatshed for short stay tourist accommodation and office and the change of use of the Kiosk as a restaurant with forty seats and shop
Property:	Lot 466 DP 727082 & Crown Lease 1985/6
Applicant:	Cameron Brae Pty Ltd
Owner:	The State of New South Wales
Estimated Value:	$ 250,000
Ward:	A

· The application proposes the change of use of the Berowra Waters Boatshed for short stay tourist accommodation and office and the change of use of the existing Kiosk to a restaurant with forty seats and shop for selling certain goods.

· The proposal does not comply with the Hornsby Shire LEP 1994 with regard to Clause 15 (Floor Space Ratio). The applicant has made a submission pursuant to SEP No. 1 to vary the standard. The submission is considered well-founded and is supported.

· The proposal complies with the provisions of Council’s River Settlements DCPlan and the Berowra Waters Plan of Management.

· Seven submissions have been received in respect of the application.

· It is recommended that the application be approved.

RECOMMENDATION

THAT Council assume the concurrence of the Director-General of the Department of Planning and Infrastructure pursuant to State Environmental Planning Policy No. 1 and approve Development Application No. 1177/2011 for the change of use of the Berowra Waters Boatshed for short stay tourist accommodation and office and the change of use of the existing Kiosk to a restaurant with forty seats and shop at Lot 466 DP 727082 & Crown Lease 1985/6 subject to the conditions of consent detailed in Schedule 1 of Planning Report No.PL8/12.

BACKGROUND

The Berowra Waters boatshed was constructed between 1937 and 1939. The first lease was granted by the Department of Lands on 1 August 1989. The kiosk has existed on the land, to the north of the boatshed, since 1922.

On 6 September 2000, Council recommended that the then Minister for Planning approve a State Significant Development involving renovations to the existing boatshed and kiosk buildings including an extended outdoor deck for a 60 seat restaurant, a kiosk and related works.

On 20 December 2001, the then Minister for Planning approved State Significant Development, DA-151-06-01 for renovations to the kiosk and boatshed, alterations to the slipway and the marina component, upgrading the waste-water management system and use of the kiosk and the new deck as a café. The approval included the following in relation to the operation of the boatshed and the kiosk:

· Café permitted to have a maximum of 60 seats within the existing kiosk;

· Operating hours of the café restricted to 7:30 am and 9 pm, Monday to Friday and 7:30 am and 10:30 am, and 3 pm and 9 pm on Saturdays, Sundays, and public holidays; and

· The boatshed to be used as a shop associated with the marina.

The kiosk building has been refurbished pursuant to the above development consent. Subsequently, the uses were swapped between the boatshed and the kiosk via a section 96(1A) modification to the above application. Pursuant to DA-151-06-01, the boatshed is currently approved for use as a 60 seat café and the kiosk as a shop.

On 1 April 2009, Council approved DA/1269/2008 for the demolition of the old boatshed and the reconstruction of the new boatshed at the same location with no change to the approved uses of the boatshed and the kiosk. The development consent approved the following:

· Rebuilding the boatshed in situ with an area of 149 m²;

· The level of the proposed deck 450 mm higher than the existing level;

· Decommission the existing on-site septic system and re-use of the oil separator;

· The septic tank and collection well to be located on the south-eastern corner of the boatshed building; and

· The pump-out effluent disposal system to be located on the south-western corner of the boatshed building.

The development consent has not been acted upon.

THE SITE

The site comprises a marina located on the eastern side of Berowra Waters and is accessed from Berowra Waters Road. The site is located partly on land and partly over water and has an area of 1307 m².

The current improvements on the site include:

· The original boatshed on the western side with an area of 25 m², which has existed on site since the 1890s, and is commonly referred to as the “Kiosk” building;

· The comparatively newer boatshed building on the eastern side with an area of 149 m², which was built in the 1930s, and is commonly referred to as the “Boatshed”;

· A slipway located between the two buildings;

· Associated deck areas primarily around the Kiosk;

· One L-shaped marina pontoon in front of the boatshed building;

· One pontoon accessed from the Kiosk deck;

· A concrete septic tank (3,500 litres), a concrete holding tank (3,500 litres), a stainless steel grease trap (1,800 litres) located to the south of the Kiosk;

· A garbage storage area, located to the south of the Kiosk, adjacent to Berowra Waters Road; and

· A ferry waiting shelter on the south-western side of the site.

The boatshed building is accessed via the slipway off Berowra Waters Road. The building includes a storage area, toilets and an attic area for storage purposes. The building is in a dilapidated condition and is not being used.

The kiosk and the associated deck areas have been partially refurbished. The covered area of the kiosk is currently being used as an office and the semi-outdoor space is operating as a temporary café, being ancillary to the marina. The deck areas also include seats in conjunction with the café.

The marina is surrounded by the Berowra Creek on the northern and western side and by bushland to the east. Several buildings are located to the north-east of the marina along Kirkpatrick Way. Berowra Waters Road adjoins the site to the south. The vehicle ferry ramp providing access to the western side of Berowra Creek is located to the west of the site.

THE PROPOSAL

The proposal involves the following:

Boatshed

· Adaptive reuse of the reconstructed boatshed (approved under DA/1269/2008) for tourist accommodation including three short stay one bedroom apartments, toilets, office and storage;

· Internal alterations to the boatshed to create a mezzanine floor;

· The one bedroom apartments would incorporate the primary living and service areas on the ground floor and the bedroom on the mezzanine floor;

· Minor external alterations to relocate previously approved doors and windows to suit the proposed use;

· The floor area of the boatshed including the mezzanine would be 224.83 m²;

· Amendments to the ramp between the kiosk and the boatshed;

· Installation of privacy screens between the decks associated with the three units;

· Deletion of the approved commercial kitchen and the restaurant within the boatshed;

· Male/Female/Disabled toilets associated with the kiosk to be located within the boatshed building; and

· The schedule of colours and materials would be in accordance with the colour scheme approved under DA/1269/2008.

Kiosk

· Use of the kiosk as a café with forty seats in addition to its approved use as a shop for boat hire, selling of ship chandlery, fishing tackle, pre-packaged food and drink and general provisions for boat users;

· The proposed hours of use of the café would be 7:30 am to 10 pm on all days including public holidays;

· The development would incorporate the upgraded waste-water management system and public domain works as approved under DA-151-06-01 and DA/1269/2008;

· No alterations are proposed to the marina component of the development; and

· The proposal would require the relocation of the Telstra phone booth and the power pole.

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 North Subregional Strategy by facilitating employment opportunities within Hornsby Shire.

2. STATUTORY CONTROLS

2.1 Hornsby Shire Local Environmental Plan 1994

The site is partly on land and partly over water. The land primarily comprises the Business D (Aquatic Service Centre) zone while a strip to the south of the site is zoned Open Space A (Public Recreation-Local) pursuant to Clause 7 of the Hornsby Shire Local Environmental Plan 1994 (HSLEP). The part of the site below the Mean High Water Mark is unzoned. The proposed works are located within the Business D Zone. The uses are defined as ‘marina’, ‘restaurant’ and ‘tourist facility’ and are permissible within the Business D zone.

The objectives of the Business D zone are:-

(a) To encourage economic growth and employment opportunities.

(b) to accommodate the retail, commercial, service and social needs of the community that uses the Hawkesbury River and its tributaries.

(c) to encourage development that improves the health, vitality and aquatic, cultural and social environments within business centres and adjacent areas.

The proposal would facilitate the use of the kiosk as a café and the boatshed as a tourist facility. Therefore, the development would have a positive impact on the commercial activities adjoining the Hawkesbury River and complies with the zone objectives.

Clause 10 of the HSLEP requires all developments to have adequate water and sewer services. The application for alterations to the marina and use of the boatshed as a restaurant (DA-151-06-01) required upgrading of the waste water system which was subsequently approved under DA/1269/2008. The proposed use would utilise the upgraded waste-water system.

Clause 15 of the HSLEP specifies a maximum floor space ratio of 0.5:1 within the Business D zone. The proposed development results in a FSR of 0.59:1. The application is supported by an objection pursuant to State Environmental Planning Policy No. 1 and is discussed in Section 2.3 of this report.

Clause 18 of the HSLEP sets out heritage conservation provisions within Hornsby Shire. The subject site is listed as a heritage item of local significance under the HSLEP. The property is also located within the vicinity of the vehicular cable ferry, teahouse, toilet block, Rex Jones Memorial, and tidal bath remains which are listed as heritage items under the provisions of Schedule D (Heritage Items) of the HSLEP.

The proposed alterations would not have a negative visual impact on the heritage items in the vicinity. Council’s Heritage Committee has raised no objections to the proposed development.

Clause 20A of the HSLEP applies to developments located within areas subject to acid sulfate soil conditions. The applicant addressed this matter during the assessment of DA/1269/2008 for the reconstruction of the boatshed by providing a preliminary acid sulfate soil report and an acid sulfate soil management plan which were assessed as satisfactory. As the current application seeks approval to use the reconstructed boatshed with minor internal and external alterations, no further assessment in this regard is required.

2.2 Draft Hornsby Local Environmental Plan

Council, at its meeting in March 2012, endorsed the draft Comprehensive Local Environmental Plan

(draft HLEP) for public exhibition. The draft HLEP is currently being exhibited for public comments. The relevant provisions of the draft HLEP that apply to the site are outlined below:

2.2.1 Zoning

The site would be zoned IN4 (Working Waterfront), W1 (Natural Waterway) and partly W2 (Recreational waterway) zones pursuant to the Land Use Table of the draft HLEP. The proposed works are to be confined within the IN4 zone.

The proposed development is defined as a ‘Tourist and visitor accommodation’, ‘Food and Drink premises’, ‘Kiosks’ and would be permissible uses in the zone with Council’s consent.

2.2.2 Height of Building

Clause 4.3 of the draft HLEP provides that the height of a building on any land is not to exceed the maximum height shown for the land on the Height of Buildings Map. The development would maintain the existing height of the structure as approved under DA/1269/2008. Therefore, no further assessment in this regard is necessary.

2.2.3 Floor Space Ratio

Clause 4.4 of the draft HLEP specifies that the floor space ratio of a building on any land is not to exceed the maximum FSR shown for the land on the Floor Space Ratio Map. The maximum permissible FSR for IN4 zone of the site is 0.5:1. As discussed above, the proposal would not comply with this requirement and is supported by a SEPP 1 objection.

2.2.4 Schedule 5 – Environmental Heritage

The “Berowra Waters Boatshed” is listed as a heritage item of local significance. The relevant matters have been discussed in Section 2.1 of this report.

2.3 Environmental Planning Assessment Regulation 2000 - Designated Development

The proposal is identified as “marinas or other water land or water related shoreline facilities” under Schedule 3 of the Regulation and the existing marina satisfies the criteria of a “Designated Development” as it is a marina that could accommodate up to 46 vessels with no car parking facilities.

However, pursuant to Clause 35 (Part 2) of the Schedule, any development involving alterations and additions to development (whether existing or approved) is not designated development if:

“in the opinion of the consent authority, the alterations or additions do not significantly increase the environmental impacts of the total development (that is the development together with the additions or alterations) compared with the existing or approved development.”

The current proposal relates to the use of the boatshed as a tourist facility and the kiosk as a forty seat café in addition to an office and shop associated with the marina. The proposed development does not intensify any use related to the marina, nor results in an increase in the number of approved berths or moorings.

The previous development consent DA-151-06-01 has already approved the use of the site as a sixty seat restaurant. The current proposal would reduce the intensity of use in this regard. The three short stay apartments would not significantly intensify the use of the site when compared to the approved use as a sixty seat restaurant.

It would also result in the upgrading of the wastewater facilities on the site with a positive impact on the environment.

Therefore, it is considered that the proposed development is not a designated development pursuant to Clause 35 of the Regulation.

2.4 State Environmental Planning Policy No. 1 – Development Standards

“(i) the proper management, development and conservation of natural and artificial resources, including agricultural land, natural areas, forests, minerals, water, cities, towns and villages for the purpose of promoting the social and economic welfare of the community and a better environment,

(ii) the promotion and co-ordination of the orderly and economic use and development of land,

(v) the provision and co-ordination of community services and facilities,”

One of the broad objectives of the HSLEP is “to facilitate the orderly and economic development of land within the area”.

The objective of Clause 15 is “to control intensity and scale of development of land so that development will be in accordance with the land’s environmental capacity and zone objectives.”

The proposed development would result in a FSR of 0.59:1 within the Business D zone due to the addition of 76 m²of mezzanine floor area. However, it is noted that the site partly comprises unzoned land below the mean high water mark. The overall FSR for whole of the site is 0.19:1 which is consistent with the permissible FSR in the Business D zone.

The applicant submits that the proposal is consistent with the objectives of the zone, Clause 15 and the Act in the following ways:

· The additional FSR is minor and will generally not be perceptible, particularly from the public domain, neighbouring buildings and significant viewpoints;

· No environmental impacts would result from the proposed additional floor space. There is no change to the building’s bulk and scale. Similarly, there is no loss of solar access (overshadowing) to the foreshore, water surface or public domain;

· The additional floor space promotes a financially viable adaptive reuse of a recognised heritage item within the Hornsby Shire;

· There would be no increase in impact by way of traffic and access compared to a complying development;

· The additional floor space is included in a development that provides additional low intensity and low impact tourist accommodation within Berowra Waters reinforcing the vitality of business activity and the range of facilities in the locality; and

· It provides to unlock the social and economic value of local heritage assets with minimal environmental impact.

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

· Unnecessary, because the variation is minor;

· Unreasonable, because no discernible benefit would be delivered from compliance with the development standard in this instance;

· Unreasonable as the proposed variation demonstrates that acceptable amenity, environmental, built form and streetscape outcomes are achieved;

· Unnecessary in the context of solar access and view preservation objectives because it can be demonstrated that no solar access or views would be materially affected by the development;

· Unnecessary in the context of the objective of visual impact of bulk and scale as the perceived bulk of the building, will generally not be altered by support to the request;

· Unnecessary in the context of the objective of protecting heritage as the heritage values of the heritage conservation area will not be negatively impacted by support to the request; and

· Unnecessary because objectives to incentivize the conservation of heritage items are better served by the proposed development.

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

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

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

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

It is considered that the first three of the above points are relevant matters to consider in respect of this application. Having regard to the above points, the following matters are considered relevant:

· The development is consistent with the objectives of Section 5 of the Act and the broad objective of the HSLEP in that it encourages the improved management of urban land and promotes the orderly use of that land.

· The proposal complies with the objectives of the development standard for “Floor Space Ratio” within the HSLEP.

· The current development would be a superior outcome for the site as it would result in a sustainable adaptive reuse of a heritage item. It would also support the tourism in the area by promoting low impact tourist accommodation.

· Though the FSR for the business zone exceeds the maximum permissible, the overall FSR for the site is 0.19:1 (consistent with the FSR for the Business D zone).

· The proposed additional floor space would not be visible from the public domain and would not result in additional bulk or scale.

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

2.5 State Environmental Planning Policy No 19 – Bushland in Urban Areas

The application has been assessed against the requirements of State Environmental Planning Policy No 19 (SEPP 19). The Policy provides State-wide controls to preserve bushland within urban areas for community, heritage and aesthetic reasons and applies to sites which contain or adjoin bushland zoned as open space.

The Policy applies to this development as a strip of land within the site and the land adjoining the site to the east contain bushland and are zoned Open space A. However, the proposal does not result in the removal of any bushland and therefore, no further consideration of the Policy is necessary.

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

The application has been assessed against the requirements of State Environmental Planning Policy No 55 (SEPP 55). SEPP 55 requires that Council must not consent to the carrying out of any development on land unless it has considered whether the land is contaminated or requires remediation for the proposed use.

The development proposes the use of the reconstructed boatshed and the refurbished kiosk with minor additional alteration works. Therefore, no further assessment under this Policy is necessary.

2.7 Sydney Regional Environmental Plan No. 20–Hawkesbury Nepean River (SREP 20)

The application has been assessed against the requirements of SREP 20. This Plan requires Council to consider the impacts of a development on water quality, aquaculture, recreation and tourism. The compliance of the proposal with the controls within SREP 20 is discussed below.

2.7.1 Water Quality

Council’s assessment of the upgraded waste water disposal system as approved under DA/1269/2008 and the proposed sediment control measures concludes that the development is satisfactory subject to the implementation of recommended conditions of consent.

2.7.2 Water Quantity

The development would not result in an increase of impervious surface and therefore, would not result in major changes to the flow characteristics of surface water.

2.7.3 Cultural Heritage

The development proposes alterations to a heritage listed item. The matter has been addressed within Sections 2.1 and 2.11 of this report.

2.7.4 Riverine Scenic Quality

The area is identified under ‘Landscape Unit 4.2.5’ as an area of Regional Scenic significance under the Hawkesbury Nepean Scenic Quality Study with a high visual sensitivity and low absorption capacity of the landscape.

The proposed development would result in the adaptive reuse of a reconstructed boatshed building that respects the existing structure with regard to the footprint, colours, materials and the overall building envelope. No alterations are proposed to the kiosk and the adjoining decked area. The resultant development would improve the visual appearance of the site by removing the dilapidated structure.

2.7.5 Recreation and Tourism

The proposal would result in a positive impact on tourism in the area by providing accommodation for tourists and a café.

2.7.6 Land uses in riverine scenic areas

The proposed development is consistent with the development controls for the land uses in the riverine scenic areas. The proposed use would not have any impact on the riparian vegetation or the scenic character of the locality.

2.8 River Settlements Development Control Plan

The proposed development has been assessed having regard to the relevant performance and prescriptive design requirements within Council’s River Settlements Development Control Plan.

The proposed uses are consistent with the Masterplan for the eastern side of Berowra Waters. The development would utilise the existing building footprints. The redevelopment respects the scenic quality of the area, and is considered satisfactory.

2.9 Access and Mobility Development Control Plan

The proposed development has been assessed having regard to the relevant performance and prescriptive design requirements within Council’s Access and Mobility Development Control Plan.

The proposal provides a continuous path of travel via a ramp from Berowra Waters Road to the boatshed and the kiosk. The reconstructed boatshed complies with the disabled access requirements as assessed under DA/1269/2008. The ramp between the kiosk and the boatshed would be improved to address the disabled access requirements. The boatshed would also include male/female and disabled public toilets that would be utilised by the users of the café. Council’s assessment of the proposal in this regard is considered satisfactory.

2.10 Sustainable Water Development Control Plan

The proposed development has been assessed having regard to the relevant performance and prescriptive design requirements within Council’s Sustainable Water Development Control Plan. The matter has been addressed under section 2.7 of this report.

2.11 Heritage Development Control Plan

The proposed development has been assessed having regard to the relevant performance and prescriptive design requirements within Council’s Heritage Development Control Plan.

Council’s Heritage Committee has reviewed the proposal. The Heritage Advisory Committee noted that a previous proposal (DA/1269/2008) for the demolition and reconstruction of the existing boatshed and deck was considered by the Committee at its meeting on 29 September 2008 and that the current proposal seeks to change the approved use of the reconstructed boatshed. The amended proposal represents substantially the same building form as that previously considered by the Committee. The Committee agreed that the amended proposal would not result in an adverse impact upon the significance, presentation or setting of items within the vicinity. Accordingly, the Committee raised no objections to the proposal on heritage grounds.

2.12 Berowra Waters Plan of Management

The proposed development has been assessed having regard to the relevant performance and prescriptive design requirements within Council’s Berowra Waters Plan of Management.

The aim of the Plan of Management is to protect, maintain and enhance the significant heritage features of the Berowra Waters area. The proposed adaptive reuse would result in the enhancement and improvement of an otherwise dilapidated heritage item in the area. The proposed use as a restaurant has already been approved on the site. Therefore, it would be consistent with the aims of the Plan of Management.

2.13 Draft Hornsby Development Control Plan

The compliance of the proposal with the specific controls within the Draft DCP are discussed below:

2.13.1 River Settlements

The “River Settlements” section of the draft DCP applies to the subject site. The proposal provides an ecologically sustainable development in line with the objectives of the DCP.

The development would incorporate a land use which is sympathetic to the existing bushland and landscapes settings. This is consistent with the desired future character for the area.

The site forms a part of the “River Settlements Masterplan” for Berowra Waters. There are no site specific controls embodied in the draft DCP. The proposed development would generally comply with the desired outcome in the masterplan.

2.13.2 Heritage

The site is listed as a heritage item under Schedule 5 of the draft HLEP. The matter is discussed in Section 2.1, 2.2 and 2.11 of this report.

2.14 Section 94 Contributions

Council’s Section 94 Plan applies to the development as it would result in the creation of tourist and visitors’ accommodation. Accordingly, the requirement for a monetary Section 94 contribution is recommended as a condition of development consent.

3. ENVIRONMENTAL IMPACTS

3.1 Natural Environment

3.1.1 Trees

Five trees were approved for removal under DA/1269/2008. The proposal would not result in the removal of any additional trees on the site.

The proposal would not substantially alter the appearance of the approved development. Accordingly, the development is considered acceptable with regard to its impact on the natural environment.

3.2 Built Environment

3.2.1 Design

The proposal includes minor works to relocate doors and windows within the reconstructed boatshed to suit the proposed use. It would also result in internal alterations within the boatshed to incorporate the mezzanine level. Within the kiosk, a commercial kitchen would be provided. The location of the kitchen would be similar to that initially approved under DA-151-06-01. The proposed alterations would not result in any increase of height or the building footprint of the structure approved under DA/1269/2008.

The assessment of the proposal with regard to its visual impact on the built environment is considered satisfactory.

3.2.2 Traffic and Car Parking

Impact of the change of use

The previously approved uses on the site under DA-151-06-01 (as modified) comprise the following:

· The boatshed as a restaurant with a maximum of 60 seats;

· Operating hours of the café to be 7:30 am and 9 pm, Monday to Friday and 7:30 am and 10:30 am, and 3 pm and 9 pm on Saturdays, Sundays, and public holidays;

· The kiosk as a shop associated with the marina.

The assessment of the above application considered the parking requirements for such a use and the traffic generation having regard to the figures under the “maximum car parking spaces required” established by the Berowra Waters Plan of Management for such commercial activities. It was concluded that the proposal for alterations to the marina and the use of the site as a restaurant would reduce the demand for parking on site from that already approved and that the uses would utilise the existing parking on the eastern side of Berowra Waters.

Pursuant to the current proposal, the café within the kiosk would accommodate 40 seats instead of 60 seats. This would reduce the parking demand by 4 spaces (@ 1 space/ 5 seats). The three short stay accommodations within the boatshed building would require 3 car parking spaces. Therefore, the change of use would reduce the overall parking demand by 1 space on the eastern side and is assessed as satisfactory in this regard.

Impact of the change in operating hours

The operating hours of the restaurant as approved on the site excludes the use of the decked area by the public in the afternoon peak times on the weekends and the public holidays. The proposed development seeks approval to allow operation of the restaurant during weekend peaks.

The applicant has argued that the current decline of marina activities on the eastern side has resulted in the availability of 20 additional car spaces. Further, this development consent proposes to reduce the size of the café/restaurant by 33% in lieu of the increased operating hours. A detailed traffic statement has been submitted to demonstrate that the proposed use would result in the reduction of car parking demand despite the operation during peak hours.

Council’s assessment in this regard concludes the following:

· By removing the weekend limitation, the operation of the restaurant / café is likely to increase the parking demand by 12 spaces during the weekend lunch period (1 space per 5 seats). The Roads and Maritime Services Guide to Traffic Generating Developments (Section 5.2.1) notes that shortfall of parking is not necessarily detrimental to the success of a proposed development; each development application is to be considered on its merit.

· The approved use of the marina on the eastern side prior to 2001 included a number of fixed berths which generated a total demand of 38 spaces. In 2001, the applicant sought approval to reduce the number of fixed berths and increase commuter boats. The Department of Planning’s assessment report for DA-151-06-01, concluded that the alterations to the number of fixed berths and addition of the commuter boats in conjunction with the 60 seat restaurant would reduce the parking demand to 30.

· It is noted that the Department's assessment considered the overall parking demand and did not indicate that there would be a significant additional impact during the weekend peak hours implying that the restaurant operation may be suitable during weekend lunchtime. At the end of the traffic assessment, the report stated that "Despite this improvement in parking demand, the applicant is proposing to further reduce peak demand, by closing the café during peak periods, which are generally agreed to be between 11am and 3pm on Saturdays, Sundays and public holidays" (Page 14).

· According to the Department of Planning calculation in 2001, there were 155 - 180 parking spaces available on the eastern side of Berowra Waters.

· Since 2001, the following approvals have been granted by Council:

- DA/2057/2005 approved the conversion of part of the shop within the Cruisecraft marina on the eastern side to an office which has reduced the demand for parking on the eastern side to some extent.

- DA/1827/2007 approved the public carpark on the western side of Berowra Waters. The carpark provides additional parking for the users of the eastern side as well, during the weekend peak hours.

- DA/256/2011 has recently approved the increase in the number of moorings within the resident boat parking area and the assessment report concludes that the existing 80 parking spaces are sufficient to cater for the commuter boats.

Given the applicant’s argument, the Department of Planning’s assessment of the proposed uses, the subsequent reduction in the parking demand in the eastern side and increase of parking on the western side due to development consents granted by Council, it is concluded that any additional parking requirements generated by the proposed operating hours would be accommodated in the Berowra Waters existing parking facilities. Therefore, the alterations to the proposed hours of operation of the café would not have additional adverse impact on car parking at Berowra Waters.

Truck parking and loading facilities

The proposal would include the upgraded waste-water management system on the site. At the time of assessment of DA/1269/2008, the applicant provided details of the management of trucks catering to the pump out facility and was assessed as satisfactory.

Conditions 16 – 21 of DA-151-06-01 require the construction of pedestrian walkways and loading areas to facilitate the development. The applicant would be required to comply with these conditions prior to the issue of the Occupation Certificate for this development.

Condition 13 of DA-151-06-01 “Limits on Operations” requires deliveries to be limited to a small rigid vehicle and construction of a loading bay. Conditions of consent are recommended ensuring compliance with these requirements.

3.2.3 Acoustic Impacts

The site already has an approval for use as a restaurant up to 9 pm. The proposed development would extend the hours of operation up to 10 pm. As there are no residences in close proximity to the site, the extension to the operating hours would not have any adverse impact on the surrounding environment.

The short stay accommodations would be utilised as holiday homes and would not generate significant noise. The development is assessed as satisfactory in this regard. A condition of consent is recommended to address noise generated from the site.

3.3 Social Impacts

The proposal would result in the generation of employment and recreational activities within the area. Thus, the development would result in a positive social impact.

3.4 Economic Impacts

The proposal would result in the adaptive reuse of an otherwise dilapidated structure. The café and the short stay accommodation would improve recreation and tourism opportunities within Berowra Waters. The development would therefore have a positive economic impact on the locality.

4. SITE SUITABILITY

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

4.1 Bushfire Risk

The land is identified as bushfire prone area. The development was referred to Rural Fire Service for comments. The matter is discussed in detail under section 5.2.1 of this report.

5. PUBLIC PARTICIPATION

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

5.1 Community Consultation

The proposed development was placed on public exhibition and was notified to adjoining and nearby landowners between 17 November 2011 and 8 December 2011 in accordance with Council’s Notification and Exhibition Development Control Plan. During this period, Council received seven submissions. The map below illustrates that no submissions were received from land owners that are in close proximity to the development site.

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

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

· Unacceptable traffic conditions due to long term parking requirements by the tourists staying within the boatshed;

· Increased parking demand in Berowra Waters;

· Increased noise;

· Intensification of the use of the site;

· Removal of significant trees;

· Increased height, scale and bulk of the boatshed building;

· Removal of the telephone box and the post box which would result in loss of amenity to the residents;

· Conversion of the “kiosk” to a café would be a significant loss to the public amenity as it would exclude the opportunity to buy pre-packed food and light refreshments;

· Increased pedestrian risk in accessing the café; and

· Loss of visual amenity.

In addition to the above, the objectors also made the following observations:

· The boatshed should be repaired rather than rebuilt;

· The additional doors and windows would be out of character;

· There is no need for the proposed uses;

· No health and hygienic measures have been proposed under this application; and

· Two sinks should be provided for catering.

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 Loss of amenity due to exclusion of pre-packaged food

This is not a relevant planning matter for consideration in the assessment of the application. However, it is noted that pre-packaged food would continued to be sold within the kiosk.

5.1.2 Health and hygiene matters

The food health and hygiene requirements can be implemented via conditions of consent.

5.1.3 Relocation of the amenities

The applicant needs to negotiate with the relevant public authority regarding the removal of the phone and post box and relocate them in a suitable location in the near vicinity. The plans submitted with the application indicate that the amenities would be relocated.

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 Rural Fire Service reviewed the proposal and raised no objections to the development subject to the implementation of recommended conditions.

5.2.2 NSW Office of Water

The NSW Office of Water has reviewed the application and concluded that the application is assessed as being exempt from Section 91(E) of the Water Management Act 2000. Accordingly, a Controlled Activity Approval would not be required.

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 development would be in the public interest.

CONCLUSION

The application involves minor internal and external alterations and change of use of the Berowra Waters Boatshed for short stay tourist accommodation and office and the change of use of the Kiosk to a restaurant with forty seats and a shop for selling certain goods. The proposal would involve adaptive reuse of the boatshed building which was approved to be reconstructed under DA/1269/2008. The application also seeks approval for the extension of the operating hours of the restaurant during the weekend peak hours.

The proposal does not comply with the floor space ratio development standard of the Hornsby Shire Local Environmental Plan 1994. The applicant has submitted an objection pursuant to State Environmental Planning Policy No.1 to support the non-compliance. The objection is considered to be well founded and is supported.

The application has been assessed having regard to Section 79C of the Environmental Planning and Assessment Act 1979, with the provisions of Hornsby Shire Local Environmental Plan, Sydney Regional Environmental Plan No. 20, The River Settlements Development Control Plan, the Heritage Development Control Plan, the draft Hornsby Local Environmental Plan and the draft Hornsby Development Control Plan.

The proposal is consistent with the desired future character outlined in the Berowra Waters Masterplan. The proposal would result in the sustainable adaptive reuse of an item of local heritage significance without impacting on the natural or the built environment of the locality. The alterations to the hours of operation would not create additional parking demand that would have a detrimental impact on the locality.

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

James Farrington

Group Manager

Planning Division

Attachments:

1.View	Locality Plan
2.View	Site Plan and Floor Plan
3.View	Existing Plan and Elevation
4.View	Elevations and Sections

File Reference: DA/1177/2011

Document Number: D01951471

SCHEDULE 1

GENERAL CONDITIONS

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

1. Approved Plans and Supporting Documentation

*Plan No.*	*Drawn by*	*Dated*
Ground Floor Plan with Kiosk Seating Layout- SL01	Prescott Architects	14/02/2012
Mezzanine Level- A2100	Prescott Architects	Received by Council on 3/11/2011
West and East Elevations-A3100	Prescott Architects	Received by Council on 3/11/2011
North and South Elevations-A3101	Prescott Architects	Received by Council on 3/11/2011
Sections with Mezzanine – A3200	Prescott Architects	Received by Council on 3/11/2011
Erosion and Sediment Control Plan – ER01	-	28/08/2009
Details and Levels Survey	John Sparks Pty Ltd	21/02/2003

*Document No.*	*Prepared by*	*Dated*
Existing Plans and elevations – A1000	Prescott Architects	Received by Council on 3/11/2011
Heritage Impact Assessment Report	Stephen McMahon	20/07/2011
Preliminary Waste Management Plan	Martens Consulting Engineers	September 2011
SEPP 1 Objection	Inspire Planning and Urban Design	14/02/2012
Bushfire Assessment Report – 2012/32A Version 2	Bushfire Safety Solutions	May 2012

2. Removal of Existing Trees

This development consent does not permit the removal of any trees. The removal of any other trees requires separate approval under Council’s Tree Preservation Order.

3. Compliance with development approvals

· The Construction of the boatshed building, the ancillary works and the retention of significant trees are to be carried out in accordance with the approved plans and conditions of consent of DA/1269/2008, except where amended by the approved plans in Condition 1 of this development consent.

· The development must comply with the conditions of consent for DA-151-06-01, except where amended by the plans and conditions of consent approved under this development consent.

· This development consent does not approve any alterations or additions to the kiosk building.

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. Water/Electricity Utility Services

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

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

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

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

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

6. Erosion and Sediment Control

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

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

7. 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

REQUIREMENTS DURING CONSTRUCTION

9. 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.

10. Demolition

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

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

11. 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.

12. Disturbance of Existing Site

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

13. Construction of the deck

The deck must be constructed in accordance with the following requirements:

a. Stockpiling, sanding and cutting must be screened by appropriate sediment fencing and performed in such a manner to ensure that pollutants do not enter into the water.

b. No alteration of the natural gradient or scouring of the shoreline.

c. Works performed above the waterway must include preventive controls measures (such as booms, silt curtains, dust bags, covers, aprons or barrier controls) to ensure dust and particulate pollutants are captured and contained and to prevent the escape of turbid plumes into the aquatic environment.

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.

14. 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.

15. 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. Pouring of the concrete footpath (1.5m wide) to the full frontage of the subject site.

c. Bollards are to be provided at 2m centres.

Note: A separate construction certificate is required to be issued prior to the commencement of any work.

Note: 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.

16. Road Works

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

a. Kerb and gutter is to be constructed across the frontage of the site. The kerb and gutter is to tie into the existing pavement to eliminate any trip hazards.

b. Berowra Waters Rd is to maintain a 6m wide carriageway from the rock wall to the face of the kerb line.

c. Line marking of carriageway.

Note: A separate construction certificate is required to be issued prior to the commencement of any work.

17. 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.

18. Damage to Council Assets

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

19. Works as Executed Plan

20. Wastewater System Approval

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

21. 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’.

22. 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.

23. s94 Infrastructure Contributions

The payment to Council of a contribution of $20,046.50* for three tourist beds towards the cost of infrastructure identified in Council’s Development Contributions Plan 2007-2011.

Note: * The value of contribution is current as at 8 June 2012. 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

24. 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).

25. Use of Premises

The development approved under this consent must be used for the following uses and not for any other purpose without Council’s separate written consent:

- The boatshed as a short-stay tourist accommodation

- The kiosk and the associated deck as a café with 40 seats and a shop for boat hire, sale of ship chandlery, fishing tackle, pre-packaged food and drink sales

26. Hours of Operation

The hours of operation of the kiosk and the associated deck are restricted to between 7:30 am and 10 pm seven days per week.

27. Compliance with conditions of consent

The operation of the premises must comply with Condition No. 13 (f – k) of DA-151-06-01 which specifies details of commuter boats, pontoons, short stay vessels, loading areas, delivery vehicles and delivery times.

28. 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.

29. 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.

GENERAL TERMS OF APPROVAL – NSW RURAL FIRE SERVICE

30. Evacuation and Emergency Management

An emergency/evacuation plan is to be prepared consistent with the NSW Rural Fire Service document’ Guidelines for Preparation of Emergency/Evacuation Plan’.

Note: The intent of this measure is to provide suitable emergency and evacuation (and relocation) arrangements for occupants of special fire protection purpose developments.

31. Design and Construction

New construction must comply with Sections 3 and 5(BAL 12.5) Australian Standard AS3959-2009 ‘Construction of buildings in bush fire-prone areas’ and sections A3.7 Addendum Appendix 3 of ‘Planning for Bushfire Protection’.

Note: The intent of this measure is to ensure that buildings are designed and constructed to withstand the potential impacts of bushfire attack.

- END OF CONDITIONS -

ADVISORY NOTES

Environmental Planning and Assessment Act, 1979 Requirements

· The Environmental Planning and Assessment Act, 1979 requires:

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

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

· Mandatory inspections of nominated stages of the construction inspected.

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

Long Service Levy

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

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.

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.

Advertising Signage – Separate DA Required

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

Dial Before you Dig

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.

Food Authority Notification

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

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

Council Notification – Food Premises

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

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

Planning Report No. PL9/12

Planning Division

Date of Meeting: 18/07/2012

10 DEVELOPMENT APPLICATION - FIVE STOREY RESIDENTIAL FLAT BUIDLING, 48 - 52 KEELER STREET, CARLINGFORD

EXECUTIVE SUMMARY

DA No:	DA/236/2012
Description:	Demolition of existing structures and construction of a five storey residential flat building comprising 35 units, basement car parking and strata title subdivision
Property:	Lots 2 & 3 DP 508643, Nos. 48 - 52 Keeler Street, Carlingford
Applicant:	Keelor Pty Ltd
Owner:	Mr D A and Mrs M E Johnston Mr R Leung and Ms L Harrison
Estimated Value:	$5,950,000
Ward:	C

· The application proposes the demolition of existing structures and the construction of a five storey residential flat building comprising 35 units, basement car parking and strata subdivision.

· The application is subject to an appeal in the Land and Environment Court against Council’s deemed refusal of the application.

· The proposal generally complies with the Hornsby Shire LEP 1994, State Environmental Planning Policy No. 65 – Design Quality Residential Flat Building and the Housing Strategy Development Control.

· Nine submissions have been received in respect of the application.

· It is recommended that deferred commencement consent be granted to allow the applicant to obtain a stormwater drainage easement.

RECOMMENDATION

THAT Development Application No. 236/2012 for construction of a five storey residential flat building comprising 35 units, basement car parking and strata title subdivision at Lot 3 DP 508643, Lot 2 DP 508643, Nos. 48-52 Keeler Street, Carlingford be approved as a deferred commencement consent subject to the conditions of consent detailed in Schedule 1 of Group Manager’s Planning Report No. PL9/12.

BACKGROUND

The subject land was rezoned from Residential A (Low Density) to Residential C (Medium-High Density) on 2 September 2011 as part of Council’s Housing Strategy.

The subject application was lodged on 14 March 2012.

On 3 May 2012, the applicant filed an appeal in the Land and Environment Court against Council’s deemed refusal of the development application (Proceedings No. 10417 of 2012).

On 31 May 2012, the Land and Environment Court adjourned proceedings until 25 July 2012 to enable Council to consider the application.

THE SITE

The site is described as Lot 3 in Deposited Plan 508643, No. 48 Keeler Street and Lot 2 in Deposited Plan 508643, No. 52 Keeler Street, Carlingford. Lot 2 has a double frontage (includes two street addresses).

The uniform shaped site has a total area of 2,060.6m², has a frontage of 44.5m to the northern side of Keeler Street and has a depth of approx 46m. The site includes two existing dwelling houses, detached garages, a swimming pool and sheds. A large tree is located at the rear of the site.

The site forms part of the ‘Carlingford Road, Carlingford’ precinct rezoned for medium-high density housing in accordance with the Hornsby Shire Council Housing Strategy in September 2011. The precinct is bounded by Carlingford Road, Pennant Hills Road, Keeler Street and Hepburn Avenue.

The centre alignment of Keeler Street is on Council’s boundary with the adjoining Parramatta City Council local government area.

The surrounding developments within the rezoned precinct mainly include dwelling houses on suburban lots. There is a mix of low density and medium density housing on the opposite side of Keeler Street within the Parramatta City Council area.

The area on the western side of Pennant Hills Road, Carlingford, within The Hills Shire Council area is undergoing transition for higher density housing developments.

The site is within walking distance (300m) of the Carlingford commercial centre on Pennant Hills Road and is located 900m north east of Carlingford Railway Station.

THE PROPOSAL

The proposal is for the demolition of two existing dwelling houses, construction of a five storey residential flat building comprising 35 dwellings and basement car parking and including strata title subdivision.

The proposed dwellings include 10 x 1 bedroom, 21 x 2 bedroom and 4 x 3 bedroom dwellings.

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 an additional 33 dwellings and would contribute towards housing choice in the locality.

The proposed development would be consistent with the Metropolitan Plan for Sydney 2036.

2. STATUTORY CONTROLS

2.1 Hornsby Shire Local Environmental Plan 1994

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

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

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

(c) to provide for development that is within the environmental capacity of a medium to high 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 land is identified within the area detailed on Diagram 8 under Schedule BB of the HSLEP.

Clause 15A of the HSLEP prescribes that the maximum building height within the area detailed under Schedule BB is not to exceed 17.5 metres. The proposed building complies with this requirement.

Clause 18 of the HSLEP sets out heritage conservation provisions for Hornsby Shire. The site is not in the vicinity of a heritage item or conservation area and is not subject to consideration for heritage conservation.

2.2 Draft Comprehensive Hornsby Local Environmental Plan

The draft Comprehensive Local Environmental Plan (HLEP) was placed on exhibition on 5 June 2012. The draft HLEP essentially reiterates the current land use zoning and height control applicable to the site as outlined below:

2.2.1 Zoning

The site would be zoned R4 (High Density Residential) zone pursuant to the Land Use Table of the draft HLEP. The proposed development is defined as a ‘Residential Flat Building’ and would be a permissible use in the zone with Council’s consent.

2.2.2 Height of Building

Clause 4.3 of the draft HLEP provides that the height of a building on any land is not to exceed the maximum height shown for the land on the Height of Buildings Map. The maximum permissible height for the subject site is 17.5 metres. The proposal complies with this provision.

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

State Environmental Planning Policy No. 55 (SEPP 55) requires that Council must not consent to the carrying out of any development on land unless it has considered whether the land is contaminated or requires remediation for the proposed use.

The site has been used for residential purposes and is unlikely to be contaminated. No further assessment is considered necessary in this regard. A condition is recommended should any contamination be found during construction.

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

The Policy provides for design principles to improve the design quality of residential flat development and for consistency in planning controls across the State.

The applicant has submitted a design verification statement prepared by a qualified designer stating how the proposed development achieves the design principles of SEPP 65. The design principles of SEPP 65 and the submitted design verification statement are addressed below.

2.4.1 Principle 1 - Context

Design Principle 1 is as follows:

Good design responds and contributes to its context. Context can be defined as the key natural and built features of an area.

Responding to context involves identifying the desirable elements of a location’s current character or, in the case of precincts undergoing a transition, the desired future character as stated in planning and design policies. New buildings will thereby contribute to the quality and identity of the area.

In the submitted statement, the key elements of the area are referenced in influencing the design of the development with regard to the desired future character of the ‘Carlingford Road, Carlingford’ precinct. The subject site is located within a precinct zoned for five storey residential flat buildings in close proximity to Pennant Hills Road and the Carlingford Court shopping centre. The desired future character of the area, as outlined in Council’s Housing strategy Development Control Plan, is that of a high density residential precinct incorporating five storey developments in a landscape setting. It is considered the proposed building would contribute to the identity and future character of the precinct.

2.4.2 Principle 2 - Scale

Design Principle 2 is as follows:

Good design provides an appropriate scale in terms of the bulk and height that suits the scale of the street and the surrounding buildings.

Establishing an appropriate scale requires a considered response to the scale of existing development. In precincts undergoing a transition, proposed bulk and height needs to achieve the scale identified for the desired future character of the area.

The proposed building is in accordance with the required building height and setbacks for the precinct. The building is in two segments, achieving the required pavilion built form to minimize bulk and scale.

2.4.3 Principle 3 – Built Form

Design Principle 3 is as follows:

Good design achieves an appropriate built form for a site and the building’s purpose, in terms of building alignments, proportions, building type and the manipulation of building elements.

Appropriate built form defines the public domain, contributes to the character of streetscape and parks, including their views and vistas, and provides internal amenity and outlook.

The proposed five storey building features a central courtyard open to the frontage. The building features a flat roof, wide eaves and elements that provide architectural interest in the streetscape.

The submitted statement includes the following comment:

The design of the building elements in the articulation zone utilizes a segmented contemporary style with a number of building elements being used to provide the strong architectural character proposed for the development. The use of blade walls or fins provides vertical segmentation, with balconies, awnings and roof structures providing a contrasting horizontal segmentation.

The facades are divided by vertical steps with the penthouse level (Level 4) indented with a minimal use of masonry and vertical sheer wall to achieve a development with articulated modules or vertical panels separated from adjacent panels by steps or indendations in the facades.

The contrasting use of masonry walls with a more light-weighted steel-framed structure and glass infill panels will provide the necessary distinction in materials, colours and finishes desired in the treatment of external walls. The use of large indentations, projections and wide wrap-around balconies that project forward will create additional contrast.

The proposed development presents a distinct architectural design which would set an appropriate precedent for the locality. The submitted statement is supported in respect to this heading.

2.4.4 Principle 4 – Density

Design Principle 4 is as follows:

Good design has a density appropriate for a site and its context, in terms of floor space yields (or number of units or residents).

Appropriate densities are sustainable and consistent with the existing density in an area or in precincts undergoing a transition, are consistent with the stated desired future density. Sustainable densities respond to the regional context, availability of infrastructure, public transport, community facilities and environmental quality.

The proposal achieves a dwelling density consistent with the requirements of the Housing Strategy Development Control Plan which establishes the desired future character of the ‘Carlingford Road, Carlingford’ precinct.

2.4.5 Principle 5 – Resource, energy and water efficiency

Design Principle 5 is as follows:

Good design makes efficient use of natural resources, energy and water throughout its full life cycle, including construction.

Sustainability is integral to the design process. Aspects include demolition of existing structures, recycling of materials, selection of appropriate and sustainable materials, adaptability and reuse of buildings, layouts and built form, passive solar design principles, efficient appliances and mechanical services, soil zones for vegetation and reuse of water.

The applicant has submitted BASIX Certificate No. 417815M for the proposed 35 dwellings. In achieving the required BASIX targets for sustainable water use, thermal comfort and energy efficiency, the proposed development achieves the design criteria.

2.4.6 Principle 6 – Landscape

Design Principle 6 is as follows:

Good design recognises that together landscape and buildings operate as an integral and sustainable system, resulting in greater aesthetic quality and amenity for both occupants and the adjoining public domain.

Landscape design builds on the existing site’s natural and cultural features in responsible and creative ways. It enhances the development’s natural environmental performance by co-ordinating water and soil management, solar access, micro-climate, tree canopy and habitat values. It contributes to the positive image and contextual fit of development through respect for streetscape and neighbourhood character, or desired future character.

Landscape design should optimise useability, privacy and social opportunity, equitable access and respect for neighbour’s amenity, and provide for practical establishment and long term management.

The statement submitted by the applicant includes the following comment:

The proposed landscaping treatments integrate with and enhance the setting of the building. Proposed landscaping treatments should also compliment the landscape character of the neighbourhood by encouraging the use of native and indigenous plant species, requiring less irrigation and maintenance.

Landscape design should also be integrated into the proposed design and contribute to the energy efficiency and performance of the building, thereby contributing a sustainable quality living environment.

These objectives have been considered and followed by retaining the existing trees of significance and adopting a Landscape Plan, which intends to reinforce the established vegetation with appropriate Australian natives endemic to the area.

The application includes proposed landscaping along the street frontage and side and rear boundaries. The proposed planting would provide an appropriate landscaped setting for the development. Accordingly, the applicant’s submitted statement is supported in respect to this heading.

2.4.7 Principle 7 – Amenity

Design Principle 7 is as follows:

Good design provides amenity through the physical, spatial and environmental quality of a development.

Optimising amenity requires appropriate room dimensions and shapes, access to sunlight, natural ventilation, visual and acoustic privacy, storage, indoor and outdoor space, efficient layouts and service areas, outlook and ease of access for all age groups and degrees of mobility.

The statement submitted by the applicant includes the following comment:

Visual privacy measures are incorporated to provide for private functions within all rooms and private open spaces, without compromising views, outlook, ventilation and solar access. The consideration of visual privacy requires an understanding of the adjacent context, site configuration, topography, the scale of the development and the layout of the apartments.

The building design has been developed to provide for the amenity of the occupants as well as the public domain. The following summary identifies the key elements of the building design incorporating access and circulation, apartment layouts, floor area, ceiling height, private open space, common open space, energy efficiency rating, adaptability and diversity, security and site facilities.

The submitted statement is supported in respect to this heading.

2.4.8 Principle 8 – Safety and security

Design Principle 8 is as follows:

Good design optimises safety and security, both internal to the development and for the public domain.

This is achieved by maximising overlooking of public and communal spaces while maintaining internal privacy, avoiding dark and non-visible areas, maximising activity on streets, providing clear, safe access points, providing quality public spaces that cater for desired recreational uses, providing lighting appropriate to the location and desired activities, and clear definition between public and private spaces.

The applicant submitted an analysis of the design of the proposed development with regard to Crime Prevention Through Environmental Design Principles (CPTED) including surveillance, access/egress control, territorial reinforcement and space management.

The submitted statement is supported in respect to this heading.

2.4.9 Principle 9 – Social dimensions and housing affordability

Design Principle 9 is as follows:

Good design responds to the social context and needs of the local community in terms of lifestyles, affordability, and access to social facilities.

New development should optimise the provision of housing to suit the social mix and needs in the neighbourhood or, in the case of precincts undergoing transition, provide for the desired future community.

New development should address housing affordability by optimising the provision of economic housing choices and providing a mix of housing types to cater for different budgets and housing needs.

The proposed development includes a mix of dwellings including: 3 x 1 bedroom, 7 x 1 bedroom + media room, 15 x 2 bedroom, 6 x 2 bedroom + media room and 4 x 3 bedroom units. Eleven of the proposed units are adaptable units.

The statement submitted by the applicant includes the following comment:

The location of this development provides a number of new dwellings with architectural style and character within a precinct that provides immediate access to community services, retail, recreation and medical services. The development encourages the diversity of housing configurations recommended in Council’s DCP.

An appropriate mix of dwelling types and sizes has been incorporated in the proposal to improve housing choice in the locality. Accordingly, the applicant’s submitted statement is supported in respect to this heading.

2.4.10 Principle 10 – Aesthetics

Design Principle 10 is as follows:

Quality aesthetics require the appropriate composition of building elements, textures, materials and colours and reflect the use, internal design and structure of the development. Aesthetics should respond to the environment and context, particularly to desirable elements of the existing streetscape or, in precincts undergoing transition, contribute to the desired future character of the area.

The submitted statement includes the following comments:

The bulk of the overall building and height is reduced by the incorporation of smaller building segments with aesthetic architectural elements, in order to minimise the overall bulk and scale of the development.

The design of the building elements utilises a tiered styles, with a strong base of textured wall to identify the basement floor level and to provide the pediment of the development upon which the upper floors are projected.

Upper floor levels accommodating the residential components of the development utilise a fragmented and articulated form with deep balconies and strong façade elements to provide a contemporary style with strong vertical emphasis and a low roof profile.

The architectural treatment of the building is consistent with the desired future character of the precinct. Accordingly, the applicant’s submitted statement is supported in respect to Principle 10.

2.5 SEPP 65 - Residential Flat Design Code

SEPP 65 also requires consideration of the Residential Flat Design Code, NSW Planning Department 2002. The Code includes development controls and best practice benchmarks for achieving the design principles of the SEPP 65. The following table sets out the proposal’s compliance with the Code:

Residential Flat Design Code
Control	Proposal	Requirement	Compliance
Deep Soil Zone	39%	25%	Yes
Communal Open Space	29%	25-30%	Yes
Gnd Level Private Open Space	33m² + Min dimension 4m	25m² Min Dimension 4m²	Yes Yes
Minimum Dwelling Size	1 br – 60m² 2 br – 82m² 3 br – 100m²	1 br – 50m² 2 br – 70m² 3 br – 95m²	Yes Yes Yes
Maximum Kitchen Distance	5m	8m	Yes
Minimum Balcony Depth	2.5m	2.0m	Yes
Dual Aspect & Cross Ventilation	100%	60%	Yes
Adaptable Housing	30%	10%	Yes

As detailed in the above table, the proposed development complies with the prescriptive measures within the Residential Flat Design Code. Below is a brief discussion regarding the relevant development controls and best practice guidelines:

2.5.1 Apartment Layout

The layout of the proposed apartments meets the Code requirements for internal privacy, access to daylight, natural ventilation, acoustic and visual privacy. The main living spaces are oriented toward the primary aspect and open space. The habitable rooms have daylight access and natural ventilation. The proposed kitchens are centrally positioned and avoid main circulation areas.

2.5.2 Ground Floor Apartments

The ground floor apartments meet the requirements of the Code in having the majority of adaptable units for elderly accommodation at the northern elevation. The ground floor is lower than street level providing a change in level minimising sightlines from the public domain to private courtyard gardens at the frontage. The landscaping structure and courtyard gardens would contribute to the streetscape.

2.5.3 Internal Circulation

The proposed building includes two lifts with access for two to four apartments on the respective levels, providing a high level of amenity. The ground floor lobbies and corridor connection to common terrace areas also provide a high level of amenity.

2.5.4 Acoustic Privacy

The proposed apartment layout provides separation between apartments and the unit floor plans separate noisier kitchen and bathroom areas from sleeping areas, achieving design for acoustic privacy.

The applicant submitted an Acoustic Impact Assessment which includes recommendations for glazing to achieve the required compliance with recommended design sound levels for internal spaces.

A condition is recommended for compliance with the Acoustic Impact Assessment.

The proposed residential flat building is designed in accordance with the design principles of SEPP 65 and complies in respect to the Residential Flat Design Code. It is considered the proposal would achieve good residential amenity and contribute to the desired future residential character of the ‘Carlingford Road, Carlingford’ precinct.

2.6 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 units and is considered to be satisfactory.

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

The application has been assessed against the requirements of SEPP 32, which requires Council to implement the aims and objectives of this Policy to the fullest extent practicable when considering development applications relating to redevelopment of urban land. The application complies with the objectives of the Policy as it would promote social and economic welfare of the locality and would result in the orderly and economic use of under utilised land within the Shire.

2.8 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005

The application has been assessed against the requirements of Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005. This Policy provides general planning considerations and strategies to ensure that the catchment, foreshores, waterways and islands of Sydney Harbour are recognised, protected, enhanced and maintained.

The proposal includes details of stormwater management of the site by providing an on-site detention system. Council’s assessment of the proposal in this regard concludes that the development is satisfactory. A condition is recommended with respect to installation of sediment and erosion control measures prior to, and during, construction.

The proposed development would have minimal potential to impact on the Sydney Harbour Catchment.

2.9 Housing Strategy Development Control Plan

The proposed development has been assessed having regard to the desired outcomes and prescriptive measures within Council’s Housing Strategy Development Control Plan (Housing Strategy DCP). The following table sets out the proposal’s compliance with the prescriptive measures of the Plan:

Housing Strategy Development Control Plan
Control	Proposal	Requirement	Compliance
Site Width	44.5m	30m	Yes
Height	5 storeys – 17.5m	5 storeys – 17.5m	Yes
Lowest Residential Floor Above Ground	1.02m	Max - 1.50m	Yes
Maximum Floorplate Dimension	36m	35m	No
Building Indentation	4m	4m	Yes
Front Setback	10m 8m < 1/3^rd frontage	10m 8m < 1/3^rd frontage	Yes Yes
W Side Setback	9m 4m < 1/3^rd frontage	6m 4m < 1/3^rd frontage	Yes Yes
E Side Setback	9m 4m < 1/3^rd frontage	6m 4m < 1/3^rd frontage	Yes Yes
Rear Setback	10m 7m > 1/3^rd boundary	10m 8m < 1/3^rd boundary	Yes No
Top Storey Setback From Ground Floor	3m	3m	Yes
Underground Parking Setback	Front & Rear - 7m Sides - 4m	7m 4m	Yes Yes
Basement Ramp Setback	4m	2m	Yes
Car Parking	54 resident spaces 7 visitor spaces	39 resident spaces 7 visitor spaces	Yes Yes
Landscaping	Front & Rear – 7m Sides – 4m	7m 4m	Yes Yes
Private Open Space Min Width 2.5m	1 br units - > 14.5m² 2 br units - > 12.5m² 3 br units - > 17.5m²	10m² 12m² 16m²	Yes Yes Yes
Communal Open Space	28%	25%	Yes
Sunlight Access	74%	70%	Yes
Housing Choice	1 br units - 29% 2 br units - 60% 3 br units – 11%	10% 10% 10%	Yes Yes Yes
Adaptable Units	34%	30%	Yes

As detailed in the above table, the proposed development does not comply with a number of prescriptive measures within Council’s Housing Strategy DCP. The matters of non-compliance are detailed below, as well as a brief discussion regarding the desired outcomes and the prescriptive measures.

2.9.1 Desired Future Character

The proposed development meets the key principles of the Housing Strategy DCP for five storey residential flat buildings in garden settings with basement parking, flat roofs and buildings in the form of pavilions.

2.9.2 Design Quality – SEPP 65

The proposed development is designed in accordance with the design principles of SEPP 65. Refer to discussion in Section 2.3.

2.9.3 Site Requirements

The proposal has been considered with regard to the consolidated development pattern likely to occur in Keeler Street. The proposal would not result in an isolated site.

2.9.4 Height

The proposal complies with the height prescriptive measures for five storey development and for the height of the basement level above ground level.

2.9.5 Setbacks

The proposal achieves the desired outcome for articulated built form and provision of landscaping notwithstanding the non-compliance with the maximum encroachment of the rear setback. The non-compliance is acceptable with regard to the reduced depth of the site compared to adjoining sites fronting Keeler Street and the compliance with the required 7m width of landscaping across the rear of the site.

The proposal otherwise complies with the prescriptive measures for front, side, top storey, basement car park and basement ramp setbacks.

2.9.6 Landscaping

The proposal retains an existing canopy tree, Tree No. 1 – Eucalyptus acmenoides (White Mahogany) located at the rear of the site, in accordance with the Australian Standard AS4970-2009 Protection of trees on development sites.

The proposal features open landscaping at the frontage with screening of the proposed bin enclosure area. The landscaping is integrated with the proposed central courtyard which would provide a communal meeting place for residents. The proposed landscaping includes screen planting of the private open space areas of ground floor units at the frontage.

The submitted landscaping plan is supported in complementing the proposed development, in providing a vegetative layer of trees, shrubs and ground covers and in providing for common open space and in the provision for private courtyards. A condition is recommended for additional planting along the eastern boundary for screen planting.

2.9.7 Floorplates and Separations

The site is relatively large with a frontage of 44.5m. The proposed building has appropriate articulation in achieving the required pavilion built form, landscaping and common open space areas. The proposal complies with the design requirements of SEPP 65. It is considered that the proposed non-compliance with the maximum 35m floorplate dimension by 1.0m would not detract from the desired pattern of development in the streetscape.

The proposed non-compliance with the floorplate prescriptive measure is therefore considered acceptable.

2.9.8 Articulation

The bulk and scale of the proposed building is moderated by articulation including the central courtyard. The building indentations are integral to the floor plan and layout, circulation spaces and common open space courtyard areas, and the pavilion form of the building.

The building façade is in compliance with the prescriptive measures to limit vertical panel width to no wider than 8m. The balcony treatment is a feature element in the façade with recessed and open balconies.

It is considered the proposed articulation achieves the desired outcome for bulk and scale to enhance the streetscape character.

2.9.9 Open Space

The proposed private open space and communal open space areas comply with the prescriptive area requirements and are designed for active living and to maximise useable space.

It is considered the proposed private and communal open space areas achieve the desired outcome for active recreation areas with privacy and access to sunlight.

2.9.10 Privacy

The proposed units comply with the prescriptive measures for living areas to be oriented to the front and rear of the site to promote privacy. The common open space area at the rear of the site is below the level of the rear facing units and would not detract from privacy of the units.

The central common court area is 9m wide with units opposite. Privacy between dwellings across the courtyard is addressed by fixed louvre screens and narrow width windows, which are considered acceptable.

2.9.11 Sunlight and Ventilation

The prescriptive measure is for 70% of units to receive two or more hours of sunlight to at least half of a dwellings principle living room windows and the main area of private open space, on 22 June.

The proposed units would not achieve sunlight access to living room windows in compliance with the prescriptive measure as the proposed balconies are generally forward of the unit living areas. The majority of balconies are recessed style balconies which further limits sunlight access to unit living area windows. The proposed balconies would however comply with the prescriptive measure for sunlight access to private open space areas (74%).

The non-compliance with the prescriptive measure for sunlight access to living room windows is considered acceptable with regard to the design for privacy, active living and the proposed common terrace areas with sunlight access.

All units within the building are dual aspect units and achieve natural cross ventilation.

2.9.12 Housing Choice

The proposed development includes a mix of one, two and three bedroom units and includes adaptable housing units (30%).

2.9.13 Vehicle Access and Parking

The proposed basement car park is over two levels. The proposed car parking provision includes parking for residents, visitors and people with a disability and exceeds the numeric requirements of the Housing Strategy DCP. The basement levels include ancillary storage for residents and provision for bicycle parking for residents and visitors.

A condition is recommended for intercom security access at the top of the driveway for visitors to access the building.

2.10 Waste Minimisation & Management Development Control Plan (WMMDCP)

The submitted Waste Management Plans for the demolition of the existing dwelling houses and for the construction of the proposed development are in compliance with best practice and the prescriptive measures of the WMMDCP for maximising reuse and recycling of materials.

The proposed waste management for the completed development includes a bin storage room within Basement Level 1 and a bin collection area adjacent to the driveway at the frontage of the site. The proposed collection area is satisfactory for access for Council’s waste collection vehicle in servicing the development.

The proposed building includes two lifts each servicing three to four units on the ground floor, the first, second and third floors and two units each on the fourth floor. The lifts are within 5m of the entries to the respective units providing ease of access for residents for disposing waste garbage and recyclable waste in the basement. The WMMDCP requires a garbage chute system for buildings of more than three storeys. However, the proposed waste management system is considered to provide a convenient, clean and efficient process for waste management, subject to recommended conditions.

2.11 Access and Mobility Development Control Plan

The proposed development includes 10 adaptable housing units Nos. 3, 4, 19, 20, 7, 11, 15, 23, 27 and 31. The applicant submitted an Access Report which determined the units are capable of being adapted for people with a disability in accordance with AS4299-1995 Adaptable housing. Proposed units 3, 4, 19 and 20 are for accessible units in compliance with AS1428.1-2009 Design for access and mobility.

The proposed disabled car parking spaces within the basement levels are designed to comply with AS2890.6-2009 Parking facilities – Off street parking for people with disability.

The proposed direct street access, walkways to the common areas and letter box are compliant with the design and technical specifications of AS1428.1-2009 Clause 10 Walkways, ramps and landings.

The proposed development complies with the Access and Mobility Development Control Plan.

2.12 Car Parking Development Control Plan

The proposed development has been assessed having regard to the relevant performance and prescriptive design requirements contained within Council’s Car Parking Development Control Plan and is in compliance with Council’s car parking requirements. Refer also to discussion in Section 2.8.13.

2.13 Sustainable Water Development Control Plan

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

2.14 Section 94 Contributions Plan

Council’s Section 94 Plan applies to the development as it would result in the addition of thirty five residential units in lieu of the two existing residences. Accordingly, the requirement for a monetary Section 94 contribution has been recommended as a condition of development consent.

2.15 Draft Hornsby Development Control Plan

The Draft Hornsby Development Control Plan (Draft DCP) is currently on exhibition and the relevant provisions of this document require consideration. The development would comply with the objectives of the Draft DCP as it is consistent with Council’ vision of creating a living environment and the Housing Strategy DCP. The compliance of the proposal with the specific controls within the Draft DCP is discussed below:

2.15.1 Residential

The proposed development is required to comply with Section 3.4 (Residential Flat Buildings – 5 storeys) of the Draft DCP.

The development controls incorporated in the draft DCP with regard to 5 storey residential flat buildings are similar to those in Council’s Housing Strategy DCP. Additional requirements in the Draft DCP include the requirement for clothes drying areas to be separate to the principal private open space area and the single aspect balconies on the side setbacks to be setback at least 6 metres from the boundary.

The proposed development, in its current form provides a setback of 6 metres for the single aspect balconies fronting side setbacks. Separate clothes drying areas can be provided for the majority of the units within the building. The application is assessed as satisfactory with regard to the development controls and desired outcomes of the Draft Hornsby DCP.

3. ENVIRONMENTAL IMPACTS

3.1 Natural Environment

The proposed development would necessitate the removal of four trees from the site. The trees are not significant or locally indigenous trees and are exempt from Council’s Tree Preservation Order.

The proposal retains a significant tree (Tree No. 1) at the rear of the site identified as Eucalyptus acmenoides (White Mahogany) a locally indigenous tree. A condition is recommended to protect the tree.

3.2 Built Environment

3.2.1 Carlingford Road Precinct

The proposed five storey building would establish a suitable precedent for similar multi-unit housing development within the Carlingford Road Precinct which is undergoing transition in built form.

3.2.2 Keeler Street – Southern Side

The site is opposite single and two storey dwelling houses fronting the southern side of Keeler Street. The proposed development would overshadow the frontage of the houses mid afternoon on 22 June. The proposed overshadowing would be compliant with development standards for a minimum of 3 hours of sunlight for north facing living area windows of dwellings within low density residential areas.

3.2.3 Traffic Generation and Car Parking

The applicant submitted a Traffic and Parking Assessment for the proposed development.

Keeler Street is used for on-street car parking by Carlingford workers and shoppers. The street has marked parking bays on the northern side and ‘No Parking’ restrictions on the southern side between 8.00am and 10.00pm Monday to Saturday. The proposed basement car parking spaces exceed the required parking provision for the development. It is considered the proposal would not reduce the availability of on-street parking.

Council’s estimate of the traffic generated by the proposed development is approximately 16 vehicle trips in the peak hours which would not detract from the level of service (LoS) of Keeler Street and the local road network. The proposal is acceptable in respect to traffic generation. Refer also to discussion in Section 5.1.1.

3.2.4 Stormwater Drainage

The proposed stormwater drainage system requires an easement over downstream property for connection to Council’s system in Carlingford R oad. The applicant however has not obtained the necessary drainage easement.

There are no environmental grounds for an easement not to be granted by the downstream property owner and a deferred commencement consent condition is recommended to enable the applicant to obtain the easement.

3.3 Social Impacts

The proposed development provides for a range of household types and for aging in place and would be of positive social impact.

3.4 Economic Impacts

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

4. SITE SUITABILITY

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

The site is not subject to constraints to residential development and is suitable for the proposal subject to an easement being granted for stormwater drainage.

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 28 March and 18 April 2012 in accordance with Council’s Notification and Exhibition Development Control Plan. During this period, Council received nine submissions. The map below illustrates the location of those nearby landowners who made a submission that are in close proximity to the development site.

NOTIFICATION PLAN
• PROPERTIES NOTIFIED	X SUBMISSIONS RECEIVED	PROPERTY SUBJECT OF DEVELOPMENT
FOUR SUBMISSIONS RECEIVED OUT OF MAP INCLUDING SUBMISSIONS FROM PARRAMATTA CITY COUNCIL & EPPING CIVIC TRUST

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

· Traffic congestion and loss of parking on local streets;

· Overshadowing of properties on southern side of Keeler Street;

· Noise from additional residents;

· Objection to granting an easement;

· Objection to the Housing Strategy;

· Loss of amenity – privacy and visual impact;

· Development out of character with the area; and

· Poor public transport and lack of infrastructure and community facilities.

The merits of the matters raised in community submissions have been addressed in the body of the report other than the following:

5.1.1 Traffic matters

Council has undertaken an assessment of the overall traffic impact of the redeveloped precinct on the locality.

In the preparation of Council’s Housing Strategy transport modelling was undertaken to determine the traffic impacts precincts to be rezoned as part of the Strategy.

Traffic modelling and assessment for the Carlingford Precinct established that additional traffic that would be generated in the Precinct would not have a significant impact on existing roadway conditions and intersection performance in the area. The most significant traffic increase is envisaged to occur on arterial routes such as Pennant Hills Road and Carlingford Road. These increases are mainly attributed to anticipated growth and developments in other regions and to a greater extent to the re-distribution effect arising from the growth in through traffic from other regions of Sydney.

The modelling also established that the existing performance of the intersection of Carlingford Road with Hepburn Avenue is unsatisfactory during the morning peak period. This is mainly due to peak hour traffic congestion in Carlingford Road which limits the number of vehicles that can turn right out Hepburn Avenue. Signalising this junction would facilitate and improve access for the Precinct. However, it is considered that this would encourage ‘rat runs’ from Marsden Road via Rickard Street and possibly into Pennant Parade and North Rocks Road, Murray Farm Road and Kirkham Street. Signalisation of the intersection of Carlingford Road with Hepburn Avenue is not supported at this stage due to envisaged adverse impact on the amenity of the area. Eastbound traffic that turns right out of Hepburn Avenue has an option of using other roads to exit the area via the traffic signals at the intersection of Carlingford Road with Midson Road. Notwithstanding, review and monitoring of traffic conditions will be required to determine if any traffic management strategies are required in the area after the precinct has been redeveloped.

The applicant has submitted a traffic impact assessment report (as discussed in section 3.2.3 of this report), which confirms the findings of Council’s traffic modelling that the development would not change the LoS of the nearby intersections.

6. THE PUBLIC INTEREST

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

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

CONCLUSION

The application is subject to an appeal in the Land and Environment Court against Council’s deemed refusal of the application.

The proposed development is generally in accordance with the development controls for the ‘Carlingford Road, Carlingford’ precinct of the Housing Strategy DCP and would contribute to the residential character of the precinct. The non-compliance with the prescriptive measures for prescriptive floorplate, sunlight access to living area windows and rear setback, are considered acceptable. The proposal complies with the design principles of SEPP 65 and the Residential Flat Design Code.

The traffic generated by the proposed development is within the level of service of the local road network. The proposed car parking exceeds the required number of spaces and would not result in the loss of on-street car parking spaces.

The proposal relies on a downstream stormwater drainage easement which has not been obtained by the applicant. There are no environmental reasons why an easement could not be granted. A deferred commencement consent is recommended to enable the applicant to obtain the necessary easement.

Nine submissions were received in response to the proposal.

The application is recommended for approval.

Rod Pickles

Manager - Assessment Team 2

Planning Division

James Farrington

Group Manager

Planning Division

Attachments:

1.View	Locality Plan
2.View	Summary Sheet
3.View	Site Analysis
4.View	Floor Plans
5.View	Roof Plan
6.View	Elevations
7.View	Landscape Plan
8.View	Sections
9.View	Site Details
10.View	Adaptable Layouts
11.View	Shadow Diagrams

File Reference: DA/1177/2011

Document Number: D01951630

SCHEDULE 1

GENERAL CONDITIONS

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

1. Deferred Commencement

Pursuant to Section 80(3) of the Environmental Planning and Assessment Act 1979, this consent does not operate until the following information is submitted to Council:

a. The registration and creation of an easement to drain water 1m wide over Lot 1 DP 508643, No 217 Carlingford Rd, Carlingford.

Such information shall be submitted within 18 months of the date of this notice.

Upon Council’s written satisfaction of the above information, the following conditions of development consent will apply:

2. Approved Plans and Supporting Documentation

Plan No.	Drawn by	Dated
Job No 2023 - Summary Sheet	Architex	09.03.12
DA01 A - Site Analysis	Architex	09.03.12
DA02 A - Basement Levels 1, 2 & 3	Architex	09.03.12
DA03 B – Ground Floor	Architex	13.04.12
DA04 A – Floor Levels 1 - 3	Architex	09.03.12
DA05 A – Level 4	Architex	09.03.12
DA06 A – Roof Level	Architex	09.03.12
DA07 A – Site Elevations	Architex	09.03.12
DA08 A – Site Elevations	Architex	09.03.12
DA09 A – Site Sections	Architex	09.03.12
DA10 A – Site Sections	Architex	09.03.12
DA11 A – Site Details	Architex	09.03.12
DA12 A – Adaptable Layouts	Architex	09.03.12
0441.L.01 - Landscape Plan	Greenland Design Pty Ltd	April 2012
0441.L.02 - Landscape Details & Specification	Greenland Design Pty Ltd	April 2012
SW12035-S1 – Basement Stormwater Management Layouts	ALW Design	11/04/12
SW12035-S2 – Site Stormwater Management Layout	ALW Design	11/04/12

Document No.	Prepared by	Dated
D01884838 – Access Report	PSE Access Consulting	6 March 2012
D01884839 – Acoustic Impact Assessment	VIPAC	13 March 2012
D01884837 – Arboriculture Impact Assessment	Redgum Horticultural	5 March 2012
D01884836 – BASIC Certificate	Acclaim Town Planning	9 March 2012

3. Removal of Existing Trees

This development consent only permits the removal of tree(s) that are not numbered in the Arboricultural Impact Assessment Report prepared by Redgum Arboricultural & Horticultural Consultants dated 5 March 2012. The removal of any other trees requires separate approval under Council’s Tree Preservation Order.

REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

4. Building Code of Australia

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

5. Contract of Insurance (Residential Building Work)

In the case of residential building work for which the Home Building Act, 1989 requires there to be a contract of insurance in force in accordance with Part 6 of that Act, that such a contract of insurance is in force before any building work authorised to be carried out by the consent commences.

Note: This condition does not apply to the extent to which an exemption is in force under Clause 187 or 188 of the Act, subject to the terms of any condition or requirement referred to in Clause 187(6) or 188(4) of the Act, or to the erection of a temporary building.

6. Water/Electricity Utility Services

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

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

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

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

7. Accessible units

The details of fit-outs of all accessible units (4 units) and details of adaptable units must be provided with the Construction Certificate Plans.

8. Waste Management Plan

A Waste Management Plan Section One – Demolition Stage, Section Two – Design Stage, and Section Three – Construction is to be submitted in accordance with the requirements of Council’s Waste Minimisation and Management Development Control Plan.

9. Dilapidation Report

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

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

10. Erection of Construction Sign

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

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

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

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

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

11. Protection of Adjoining Areas

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

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

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

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

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

12. Toilet Facilities

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

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

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

13. Erosion and Sediment Control

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

14. Tree Protection Barriers

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

REQUIREMENTS DURING CONSTRUCTION

15. Construction Work Hours

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

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

16. Demolition

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

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

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.

17. Environmental Management

18. Council Property

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

19. Street Sweeping

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

20. 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, 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.

21. Landfill

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

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

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

22. 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.

23. Contamination during construction works

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.

24. 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 and such information submitted to the Principal Certifying Authority within fourteen days of the date of completion of the works:

a. The identity of the person removing the waste.

b. The waste carrier vehicle registration.

c. Date and time of waste collection.

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

e. Details of the site to which the waste is to be taken.

f. The corresponding tip docket/receipt from the site to which the waste is transferred (noting date and time of delivery, description (type and quantity) of waste).

g. 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.

25. Survey Report – Finished Floor Level

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

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

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

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION OR SUBDIVISION 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.

26. Fulfilment of BASIX Commitments

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

27. Sydney Water – s73 Certificate

A s73 Certificate must be obtained from Sydney Water.

28. Stormwater Drainage

The stormwater drainage system for the development must be designed and constructed and a construction Certificate issued for these works. The stormwater drainage system is to be designed in accordance with Council’s Civil Works – Design and Construction Specification 2005 and the following requirements:

a. Connected directly to Council’s street drainage system in Carlingford Rd.

b. A min 375mm diameter pipeline is to be constructed under the kerb line in Carlingford Rd. All pits within Carlingford Road are to be kerb inlet type pits with a 1.8m lintel.

c. Prior to the approval of the Construction Certificate for the drainage works the applicant will be required to obtain a Road Development License from the RMS. The requirements of the RMS will need to be incorporated with the Construction Certificate Plans.

d. All works within the road reserve of Carlingford Rd will need to be approved by Hornsby Shire Council under Section 138 of the Roads Act.

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

29. On Site Stormwater Detention

The on site detention system for the development must be designed and constructed and a construction Certificate issued for these works. The stormwater drainage system is to be designed in accordance with Council’s Civil Works – Design and Construction Specification 2005 and the following requirements:

a. Have a capacity of not less than 22.8m³, and a maximum discharge (when full) of 40 litres per second.

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

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

d. Not be constructed in a location that would impact upon the visual or recreational amenity of residents.

30. Internal Driveway/Vehicular Areas

The driveway and parking areas on site must be designed, constructed and a Construction Certificate issued in accordance with Australian Standards 2890.1, 2890.2, 3727, Councils Civil Works Specification 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 5 percent for the first 6m from the property boundary and shall have a minimum width of 5.5m.

31. Footpath

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. 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 and reconstructed.

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

32. Vehicular Crossing

Prior to the issue of a Construction Certificate for these works a separate application under the Local Government Act, 1993 and the Roads Act, 1993 must be submitted to Council for the 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.

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

a. The existing kerb and gutter is to be removed and reconstructed.

b. The existing road pavement to be saw cut a minimum of 300 mm from the existing lip of gutter and reconstructed.

34. Traffic Control Plan

a. Arrangements for public notification of the works.

b. Temporary construction signage.

c. Permanent post-construction signage.

d. Vehicle movement plans.

e. Traffic management plans.

f. Pedestrian and cyclist access/safety.

g. Approval of the RMS where required.

35. 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.

36. Creation of Easements

The following matter(s) must be created on the title of the property under 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.

37. Garbage Collection Easement

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

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

38. Works as Executed Plan

39. Maintain Canopy Cover

To maintain canopy cover, 5 medium to large trees selected from Council’s booklet ‘Indigenous Plants for the Bushland Shire’ are to be planted on the subject site. The planning location shall not be within 4 metres of the foundation walls of a dwelling or in-ground pool. The pot size is to be a minimum 25 litres and the tree(s) must be maintained until they reach the height of 3 metres. Trees must be native to Hornsby Shire and reach a mature height greater than 10 metres.

40. Planter Boxes / On slab planting

On slab planter boxes must include waterproofing, subsoil drainage (proprietary drainage cell, 50mm sand and filter fabric) automatic irrigation, minimum 500mm planting soil for shrubs and minimum 1000mm planting soil for trees and palms and 75mm mulch to ensure sustainable landscape is achieved.

41. Boundary (Screen) planting (Eastern Boundary)

Screen planting to the on-grade landscape setback areas adjacent to the boundary along side the on-site detention area must include:

a. 4 additional Acmenia smithii (lillypilly) in planter beds. Trees shall be installed at minimum 25 litre pot size.

42. Completion of Landscaping

43. 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.

44. s94 Infrastructure Contributions

The payment to Council of a contribution of $372,862.85 for 33 additional dwellings towards the cost of infrastructure identified in Council’s Development Contributions Plan 2007-2011.

Note: * The value of contribution is current as at 21 June 2012. 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.

45. Waste Management

a. The bin storage room at Basement Level 1 must include water connection for cleaning, graded floors with drainage to sewer, a robust door, sealed and impervious surface, adequate lighting and ventilation.

b. Each unit 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.

OPERATIONAL CONDITIONS

46. Car Parking

All car parking must be constructed and operated in accordance with Australian Standard AS/NZS 2890.1:2004 – Off-street car parking and Australian Standard AS 2890.2:2002 – Off-street commercial vehicle facilities.

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

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

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

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

47. Visitor Parking

Visitors are to be able to access the basement car park by the proposed audio/visual intercom system located at the top of the ramped driveway.

48. Medium Rigid Vehicles

Provision is to be made for a medium rigid vehicle to park on site. For this case a reverse in or reverse out manoeuvre from the proposed development is acceptable

49. Disabled Parking

All parking spaces for people with disabilities must be constructed and operated in accordance with Australian Standard AS/NZS 2890.6:2009 – Off-street parking for people with disabilities

50. Fire Safety Statement - Annual

51. Noise

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

52. Waste Management

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

53. Landscape establishment

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.

- END OF CONDITIONS -

ADVISORY NOTES

Environmental Planning and Assessment Act, 1979 Requirements

· The Environmental Planning and Assessment Act, 1979 requires:

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

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

· Mandatory inspections of nominated stages of the construction inspected.

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

Long Service Levy

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

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

Tree Preservation Order

All distances are determined under 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

Dial Before You Dig

Asbestos Warning

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

www.environment.nsw.gov.au

www.nsw.gov.au/fibro

www.adfa.org.au

www.workcover.nsw.gov.au

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

House Numbering

House numbering can only be authorised by Council. Before proceeding to number each premise in the development, the allocation of numbers is required to be obtained from Council's Planning Division. The authorised numbers are required to be displayed in a clear manner at or near the main entrance to each premise.

Planning Report No. PL10/12

Planning Division

Date of Meeting: 18/07/2012

11 DEVELOPMENT APPLICATION - FIVE STOREY RESIDENTIAL FLAT BUILDING,
62 AND 64 KEELER STREET, CARLINGFORD

EXECUTIVE SUMMARY

DA No:	DA/127/2012
Description:	Demolition of existing structures and construction of a five storey residential flat building comprising twenty-nine units with basement car parking and Strata subdivision
Property:	Lot 5 and Lot 6 DP 31556, Nos. 62 and 64 Keeler Street, Carlingford
Applicant:	Transpacific Group Pty Ltd
Owner:	Mr Joseph Kwai-On Lo, Mrs Siu-Mai Vegina Lo, Mr Zac Darasack Songvilay
Estimated Value:	$ 7,600,000
Ward:	C

· The application proposes the demolition of existing structures and the construction of a five storey residential flat building comprising twenty-nine units with basement car parking and strata subdivision.

· The proposal generally complies with the requirements of the Hornsby Shire LEP 1994, SEPP No. 65 and Council’s Housing Strategy DCP.

· Seven submissions have been received in response to notification of the original application and four submissions have been received upon re notification of the application.

· It is recommended that the application be approved.

RECOMMENDATION

THAT Development Application No. 127/2012 for the demolition of existing structures and the erection of a five storey residential building comprising twenty-nine units and strata subdivision at Lots 5 and 6 DP 31556, Nos. 62-64 Keeler Street, Carlingford be approved subject to the conditions of consent detailed in Schedule 1 of Planning Report No. PL10/12.

BACKGROUND

The subject land was rezoned from Residential A (Low Density) to Residential C (Medium-High Density) on 2 September 2011 as part of Council’s Housing Strategy.

THE SITE

The subject site comprises two allotments, Nos. 62 and 64 Keeler Street located on the northern side of the road with a total area of 1783.2 m². The site has an average slope of 6% towards the rear from the south-eastern corner (front) to the north-western corner (rear).

Existing improvements on No. 62 Keeler Street include a single storey dwelling house and on No. 64 Keeler Street a two storey dwelling house with a garage at the rear.

A 2.4 metre wide drainage easement crosses the north-western corner of the property at No. 64 Keeler Street. A 1 metre wide drainage easement adjoins the northern (rear) boundary of No. 62 Keeler and connects with the former easement within the adjoining northern property.

A number of trees are located within the rear setback of both the allotments.

The surrounding developments include single and two storey residential dwellings. A shopping centre, Carlingford C ourt, is located in the near vicinity of the site.

Keeler Street forms the boundary between the Hornsby and Parramatta local government areas.

THE PROPOSAL

The proposal involves the demolition of all the existing structures within the subject site and the construction of a five storey multi-unit housing development comprising twenty-nine units with three levels of basement carpark and strata subdivision. The details of the development are provided below:

Residential Component:

The development involves the construction of twenty-nine residential units in five levels. The unit mix would comprise of 5 x 1-bedroom units, 21 x 2-bedroom units and 3 x 3-bedroom units. The units would be accessed via a lift. The units would include balconies fronting the street, the rear and the side setbacks.

The gross floor area of the development is 2578.1m².

Car parking and access

The development would be accessed from Keeler Street via a driveway located on the western boundary of the site. A separate pedestrian entry would provide access to the foyer and the lift for vertical circulation. A total of thirty-two residential spaces and six visitor’s parking spaces are proposed in three basement levels including disabled car spaces and adaptable spaces.

Landscaping

The development would include landscaped areas along the front, rear and side setback areas. The communal open space area is proposed to be located at the rear of the site.

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 an additional twenty-nine 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 C (Medium/High Density) under the Hornsby Shire Local Environmental Plan 1994 (HSLEP). The objectives of the Residential C 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 to high density residential environment.

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

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

Clause 15 of the HSLEP prescribes the maximum permissible floor space ratio (FSR) of development within the Residential C zone. Subclause (5) of Clause 15 states that “This clause does not apply to land shown edged heavy black on diagrams 1-8 in Schedule BB.” The site is identified in Diagram 8 of Schedule BB of the HSLEP. Therefore, Clause 15 does not apply to the subject site.

Clause 15A of the HSLEP applies to the site and states the following:

“Height of Buildings

(1) The height of a building on any land shown edged heavy black on Diagrams1-15 in Schedule BB is not to exceed the maximum height shown in the Height of Building Map.”

In accordance with the above, the maximum permissible height of any development on the subject site is 17.5 metres. The proposed development complies with this requirement.

Clause 18 of the HSLEP sets out heritage conservation provisions for Hornsby Shire. The subject site does not include a heritage item and is not located in a Heritage Conservation Area. Therefore, no further assessment in this regard is necessary.

2.2 Draft Comprehensive Hornsby Local Environmental Plan

Council, at its meeting in March 2012, endorsed the draft Comprehensive Local Environmental Plan (HLEP) for public exhibition. The draft HLEP is currently being exhibited for public comments. The relevant provisions of the draft HLEP that apply to the site are outlined below.

2.2.1 Zoning

2.2.2 Height of Building

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

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

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

An assessment of the design of the proposed development against the ten principles provided in Part 2 of SEPP 65 is detailed below:

2.4.1 Principle 1: Context

The subject site is located within a precinct zoned for five storey residential flat buildings in close proximity to Pennant Hills Road and the Carlingford Court shopping centre. The desired future character of the area, as outlined in Council’s Housing Strategy Development Control Plan, is that of a high density residential precinct incorporating five storey developments in a landscaped setting.

The submitted “Design Verification Statement” indicates that the proposal responds to the desired future character of the area visualised by Council. Once the precinct is redeveloped, the development would integrate with the surrounding sites and would be in keeping with the desired urban form.

This is the first development application lodged with Council for the redevelopment of the precinct. The above argument by the application is considered satisfactory. The development responds suitably to the ‘context’ principle of SEPP 65, considering the desired future character of the area.

2.4.2 Principle 2: Scale

The proposed development complies with the maximum height limit permitted in this precinct and provides a building envelope which confines itself within the setbacks required by Council’s Housing Strategy Development Control Plan.

The scale of the development is consistent with the desired future character of the precinct. The application is assessed as satisfactory in this regard.

2.4.3 Principle 3: Built Form

The proposed development presents a distinct architectural design which would set a desirable precedent for the locality. The details of the elements of the built form have been assessed in Section 2.8 of this report.

2.4.4 Principle 4: Density

The HSLEP does not incorporate any floor space ratio requirements for the subject site. The density of development on the site is guided by the height of the building and the required setbacks from the boundaries. The matter has been discussed in detail in Sections 2.1 and 2.8 of this report.

It is considered that the proposed density is sustainable as it responds to the regional context, availability of infrastructure, public transport, community facilities and environmental quality. The proposal complies with the density principle of SEPP 65.

2.4.5 Principle 5: Resource, energy and water efficiency

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

2.4.6 Principle 6: Landscape

The application includes a landscape concept plan providing landscaping along the street frontage and the side boundaries. This planting would activate the street frontage and provide a landscaped setting for the proposed development.

The proposed development also incorporates deep soil planting wherever possible with associated amenity in the recreational area within the rear setback. Given the above, the proposal satisfies the intent of the ‘Landscaping’ principle of SEPP 65.

2.4.7 Principle 7: Amenity

The proposal would provide convenient and safe access to the development via a central lift connecting the basement and all other levels. The application has been assessed against the ‘Building Amenity’ criteria within the RFDC and is discussed in detail in Section 2.4.11 of this report.

2.4.8 Principle 8: Safety and security

The proposed development is located on a road that experiences a medium level of pedestrian movements. The design has regard to ‘Crime Prevention through Environmental Design (CPTED)’ principles and does not include any obvious unobserved areas.

The RFDC requires the preparation of a formal Crime Assessment Report for development that comprises more than twenty residential units. The proposal includes an assessment of the development against crime prevention controls in the Statement of Environmental Effects and the Design Verification Statement. The applicant advises that the safety of the public domain is enhanced by the following design elements:

· Apartment layouts optimize occupant surveillance by orienting habitable spaces and rooms with outlook over the public domain around and within the site;

· Entry lobbies, garden paths and public areas are incorporated and will be well-lit to meet the minimum public lighting standards. Car-park entry will be secure and controlled by card-key access only; and

· On ground floor, the entry lobby is available as waiting area for visitors. Access to the lift is restricted by key only.

The location of the balconies and the card-only access to the premises would assist in passive surveillance and would restrict unauthorized entry. The application is assessed as satisfactory with regard to safety and security subject to the following conditions:

· Sufficient lighting of the service areas of the ground floor, the garbage room and the communal open space at the rear.

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

2.4.9 Principle 9: Social dimensions

The site is located within close proximity to a variety of shopping, recreation and educational facilities. A reasonable mix of dwelling types and sizes has been proposed complying with the requirements within the RFDC improving the housing choice in the locality. Accordingly, the development is assessed as satisfactory with regard to social dimensions.

2.4.10 Principle 10: Aesthetics

The proposal is generally consistent with the design principles contained within the RFDC. It is considered that the aesthetic quality of the building contributes to the desired future character of the precinct. The details of the assessment of the built form and the aesthetics of the development are contained in Section 2.8 of this report.

2.5 SEPP 65 Residential Flat Design Code

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

Residential Flat Design Code
Control	Proposal	Requirement	Compliance
Deep Soil Zone	>25%	Min 25%	Yes
Communal Open Space	>25%	25-30%	Yes
Ground Level Private Open Space	Less than 25 m² Majority of units would not comply with the 4m dimension	25m² Min Dimension 4m	No No
Minimum Dwelling Size	1 br – 50m² 2 br – 70m² 3 br – 95m²	1 br – 50m² 2 br – 70m² 3 br – 95m²	Yes Yes Yes
Unit depth and maximum Kitchen Distance	8m	8m	Yes
Minimum Balcony Depth	2m	2m	Yes
Dual Aspect & Cross Ventilation	65% (19 out of 29 units)	60%	Yes
Single aspect south facing units	None	10% (max)	Yes
Kitchen with access to natural ventilation	65%	25%	Yes
Adaptable Housing	30%	10%	Yes

The matters of non-compliance have been discussed in the above table and/or below as well as a brief discussion on compliance with the relevant performance standards.

2.5.1 Building Depth and Separation

The proposed building depth is in accordance with the requirements of Council’s Housing Strategy Development Control Plan and discussed in Section 2.9.

The design of the façades is in accordance with the requirements of Council’s Housing Strategy Development Control Plan. The majority of the living areas and all single aspect balconies would be setback 6 metres from the side boundaries increasing to 9 metres at the top level, facilitating a future building separation of 12 - 18 metres with the adjoining sites in accordance with the RFDC. The design of the future developments adjoining the subject site would also need to ensure that 12 - 18 metre separation is maintained at all points between habitable rooms/balconies.

The proposed building separation would not result in unreasonable compromise to natural ventilation and solar access to the proposed or the adjoining future developments.

2.5.2 Apartment Layout

The proposed development includes a mix of single aspect and corner units including, one, tow and three bedroom apartments. All units would be well ventilated minimising single aspect areas wherever possible. Each apartment would include one primary balcony with a secondary balcony being provided in most of the units. The ceiling heights would be a minimum of 2.7 metres.

The apartments include storage areas in accordance with the requirements of the RFDC. The storage areas are provided at the basement levels and additional storage areas are also provided within the apartments.

The layouts of the apartments and the building configuration comply with the rules of thumb of the RFDC.

2.5.3 Ground Floor Apartments and Private open Space

The above table indicates that the ground floor units do not include 25 m² of private open space area. However, majority of the ground floor terraces and balconies would be elevated above the ground due to the slope of the land. Therefore, strict compliance with the objectives and the prescriptive measure in relation to this standard does not apply to these units. Private courtyards fronting Keeler Street are considered inappropriate due to noise and lack of privacy. Further, the provision of private courtyards on the side and rear setbacks would compromise the pedestrian/disabled access to the building and communal open space provisions for the site.

Notwithstanding the above, the private open space areas for all units comply with the minimum area requirement for the similar upper floor units. Terraces have been provided for units fronting the rear boundary. The proposed development includes sufficient landscaped communal open space areas to compensate for this non-compliance.

2.5.4 Internal Circulation

The proposal includes barrier free access to all floors via a lift. A maximum of 6 units would be accessed from a doubly loaded corridor.

2.5.5 Acoustic Privacy

The internal layout of the residential units is designed such that noise generating areas would mainly adjoin each other. Storage or circulation zones would act as a buffer between units. Bedrooms and service areas such as kitchens, bathrooms and laundries would be grouped together wherever possible. Measures to reduce noise transmission from common corridors have been provided within the unit layouts. The ground level balconies fronting Keeler Street would be setback 7 metres with landscape screening for privacy of future occupants.

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

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

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

2.8 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005

The proposed development would have minimal potential to impact on the Sydney Harbour Catchment.

2.9 Housing Strategy Development Control Plan

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

Housing Strategy Development Control Plan
Control	Proposal	Requirement	Compliance
Site Width	32.9m	30m	Yes
Height	5 storeys – 17.5m	5 storeys – 17.5m	Yes
Lowest Residential Floor Above Ground	1.3m	Max - 1.5m	Yes
Maximum Floorplate Dimension	35m	35m	No
Building Indentation	4m x 4m	4m x 4m	Yes
Front Setback	10m 8.2m (1/3 of building length)	10m 8m (1/3 of building length)	Yes Yes
Western Side Setback	6m 4m (1/3 of the building length)	6m 4m (1/3 of the building length)	Yes Yes
Eastern Side Setback	6m 4m (1/3 of the building length)	6m 4m (1/3 of the building length)	Yes Yes
Rear Setback	10m	10m	Yes
Top Storey Setback From Ground Floor	3m	3m	Yes
Underground Parking Setback	Front & Rear - 7m Sides - 4m	7m 4m	Yes Yes
Balcony setback	Front & Rear - 7m Sides - 2m	7m 4m	Yes No
Basement Ramp Setback (6m wide)	2m	2m	Yes
Pedestrian access setback	2m	2m	Yes
Garbage enclosure setback	0m	2m	No
Parking	32 resident spaces 6 visitor spaces 9 bicycle spaces	32 resident spaces 6 visitor spaces 9 bicycle spaces	Yes Yes Yes
Landscaped areas	Front & Rear – 7m wide Sides – 4m wide	7m wide 4m wide	Yes Yes
Private Open Space with Min Width 2.5m	1 br units > 10 m² 2 br units >12 m² 3 br units >30 m²	1 br units 10m² (min) 1 br units 12m² (min) 1 br units 16m² (min)	Yes Yes Yes
Communal Open Space with minimum dimension 2.5m	>30%	25%	Yes
Height of front fence	1.2m	1.2m (max)	Yes
Solar Access	72%	70%	Yes
Housing Choice	10% of each type	10% of each type (min)	Yes
Adaptable Units	30% (10 units)	30%	Yes
Accessible units	10% (3 units)	10%	Yes

As indicated in the above table, the proposal generally complies with all numerical requirements of the Housing Strategy DCP. The matters of non-compliance and an assessment of the proposal against the various relevant elements of the Housing Strategy DCP are discussed below.

2.9.1 Site Requirements

The Housing Strategy DCP requires sites to have a minimum frontage of 30 metres. The subject site has a frontage of 32.9 metres and complies with this requirement. The site does not result in isolation of the adjoining blocks and would not restrict orderly and economic development of any land in the precinct.

2.9.2 Setbacks

Ground Floor balcony

One balcony on the ground floor (U5) which adjoins the basement driveway has a setback of 2 metres from the eastern boundary. This is not considered satisfactory. A condition of consent is recommended to amend the ground floor plan by increasing the setback of this balcony to 4 metres. The increase in the setback would not compromise the required width or size of the private open space for this unit.

Encroachment of garbage collection area

The proposal includes the garbage storage area in the basement. However, a garbage collection area is proposed within the western side setback adjoining the driveway to satisfy Council’s waste management standards which require a small rigid garbage truck to reverse onto the driveway and collect the garbage twice weekly. Since the driveway is setback 2 metres from the boundary and the garbage collection area is proposed within this setback, it does not comply with the setback requirements of the Housing Strategy DCP. The non-compliance is supported due to the following reasons:

· The garbage collection area is required to be provided within the site as Council does not recommend placement of bins along the kerbside and providing garbage truck access to the basement is not feasible due to the site topography.

· Provision of the garbage collection area on the eastern boundary is not recommended as the site caretaker would either utilise the lift or the driveway ramp to lift the bins up to the ground floor. The proposed location would provide the shortest bin carting route.

· The collection area would only be 5.2 metres long and close to the front boundary fence. Therefore, only a very minor section of the landscaping would be compromised.

· The presence of a front fence and a proposed screen would minimise any detrimental visual impact due to the garbage collection area.

· The location of the garbage area on the other side of the driveway would have adverse amenity impacts on the residents.

Given the above, the proposed development would achieve the desired outcomes for waste collection as envisaged in the Housing Strategy DCP.

2.9.3 Landscaping

The landscaped areas adjoining the front and side setbacks comply with the requirements of the Housing Strategy DCP and have been designed to accommodate mature canopy trees. The proposal would retain two existing trees within the rear setback area.

The on-site detention system (OSD) is proposed to be located within the deep soil area at the rear which would hinder the planting of canopy trees in this section of the site. However, the location of the OSD within the rear setback is based on the slope of the site, engineering requirements and to facilitate the connection of the stormwater discharged from the site with the drainage easement at the rear.

The rear setback area comprises of existing easements with underground pipes and a sewer line running diagonally across. Therefore, trees capable of achieving 12 metre height cannot be suitably planted in this area without impacting on the drainage system. The applicant proposes this area to be turfed and bordered by ground covers and shrubs. The area would be utilised as a communal open space for the future residents. Given the above, the location of the OSD and the proposed landscaping of the rear setback area are considered to be satisfactory.

The proposed development includes a front fence and provides a detail design of the fencing. The front fence would consist of 1.2m high metal grills intercepted by 1.5 high brick piers. The fencing is assessed as satisfactory.

The proposal includes low height walls and a roof over the garbage collection area. This is not considered to be suitable and would not comply with the desired outcome of the landscaping for the site. Therefore, a condition of consent is recommended requiring the deletion of the walls and the roof enclosing the garbage collection area and constructing an area with pervious pavers instead with the required supporting retaining walls, screened by landscaped screen planting.

2.9.4 Floorplates, Separations and Articulation

As discussed in the table above, the building complies with the required floorplate lengths/widths and the indentations. The indentations would create two separate “building pavilions” rather than a single building mass. This is accentuated by the proposed roof form.

The articulation of the building facades has been achieved in the following ways:

· The building has been vertically stepped, two steps being provided on the fourth and the fifth storey across 50% of the width of each façade.

· Three storey high vertical solid planes have been provided intercepting the balconies on the front and rear facades. The eastern and western facades would incorporate four storey high sheer vertical rises across the remaining length of the façade.

· The facades have been divided into vertical ‘panels’, no wider than 8 metres. Such panels have been visually separated by indentations and projections across the alignment of the exterior walls, balconies, terraces and pergolas to achieve the desired articulation.

· Wrap around balconies have been provided at the building corners. The balustrades of the balconies would incorporate a mixture of solid painted masonry and light weight materials such as glass and steel.

· A flat roof has been provided without parapet.

· Sunscreens and pergolas have been provided at prominent corners.

· The top storey would incorporate penthouses with a large proportion of openings.

· The façade would display a varied pattern of solid to void.

· The building would incorporate contemporary colours.

The design of the floor plates, the proposed indentations and the articulation of the facades have been assessed as satisfactory.

2.9.5 Privacy

The matters in relation to acoustic privacy of the units have been discussed in detail under “Residential Flat Design Code” in Section 2.4.11 of this report. The proposed design of the building achieves the ‘building separation’ requirements as required by SEPP 65.

The living areas of the residential units have been positioned to face the front and the rear wherever possible. The ground floor balconies fronting the communal open space at the rear would be elevated and suitably screened by landscaping including planter boxes. The proposal has been assessed as satisfactory in this regard and would not compromise the privacy of the future occupants.

2.9.6 Housing Choice

Twelve units are proposed to be adaptable. The submitted plans include details of typical “Accessible Units” and the relevant fit outs. The application is assessed as satisfactory with regard to housing choice.

2.9.7 Solar Access

Solar access to units

The applicant has submitted detailed hourly solar access diagrams for elevations demonstrating compliance of individual units with solar access requirements. The applicant submits that 55% of the units would receive 3 hours solar access whereas 72% of the units would receive 2 hours solar access during winter solstice. Council’s assessment in this regard concludes that the units would comply with the above requirements and the proposal is acceptable in this regard.

Solar Access to Communal Area

The communal area would be orientated towards the northern boundary and would receive 3 hours of solar access.

2.9.8 Vehicular Access and Parking

The development proposes three levels of basement for residents and visitors’ car parking with access via a 6 metre wide driveway from Keeler Street. The driveway width, ramp gradients, aisle widths, location and number of car parking spaces have been assessed as satisfactory.

Twelve adaptable resident car spaces with shared zones and one visitors’ car space have been demarcated on the basement plan satisfying the requirements of the Housing Strategy DCP.

The driveway configuration would allow the parking of a Medium Rigid Vehicle (MRV) at the ground level on the driveway. This would be required for removalist vehicles and garbage trucks to access the site without hindering road traffic. It is anticipated that the Strata Management Plan would incorporate rules and regulations to notify residents of the time and dates when such disruptions would occur. The trucks would be able to reverse in and out of the driveway and this is considered acceptable on an occasional basis.

2.9.9 Carlingford Road, Carlingford Precinct

The strategy for redevelopment of this precinct is to predominantly incorporate five storey residential flat buildings in garden settings with parking in basements. The proposal complies with this strategy for the precinct.

The development would retain the significant trees within the rear setback and would provide a landscaped setback along the entire frontage. The proposed built-form would achieve the articulation as desired in the Housing Strategy DCP. The matter has been discussed in detail in Section 2.8.4 of this report.

The proposed development would achieve the desired outcome for the Carlingford Precinct and is assessed as satisfactory in this regard.

2.10 Waste Management and Minimisation Development Control Plan

The proposal includes a waste management plan with details of waste management during the demolition phase and the construction phase of building works.

Two garbage rooms would be provided at the two upper basement levels. A dual function chute is proposed for recycling and garbage rather than providing a recycling bin on each level plus the garbage chute. The garbage is proposed to be compacted whereas the recyclables are to be stored in bins. A linear or carousel is proposed to swap bins around under each of the recycling and garbage branches of the chute.

A site caretaker would remove the garbage from the basement via the ramp to the garbage collection area on the ground floor adjoining the eastern boundary in accordance with the weekly schedule of garbage collection. A total of 14 bins would be stored in this collection area. A small rigid garbage collection vehicle would reverse onto the driveway for garbage collection.

The noise and odour from the compaction system in the basement would be eliminated via the mechanical exhaust system.

2.11 Access and Mobility Development Control Plan

The proposed development has been assessed having regard to the relevant performance and prescriptive design requirements within Council’s Access and Mobility Development Control Plan.

The development proposes continuous barrier free access to all floors via a lift and complies with the requirements of the Housing Strategy DCP with regard to the provision of adaptable and accessible units. A disabled access ramp is provided to the ground floor lobby. The width of the corridors and the lift would be suitable for wheelchair access.

The application is assessed as satisfactory with regard to the Access and Mobility DCP.

2.12 Car Parking Development Control Plan

The proposed development has been assessed having regard to the relevant performance and prescriptive design requirements contained within Council’s Car Parking Development Control Plan (Car Parking DCP). The matter has been discussed in detail under Section 2.8.7 of this report.

2.13 Sustainable Water Development Control Plan

2.14 Section 94 Contributions Plan

Council’s Section 94 Plan applies to the development as it would result in the addition of twenty-nine residential units in lieu of the two existing residences. Accordingly, the requirement for a monetary Section 94 contribution has been recommended as a condition of development consent.

2.15 Draft Hornsby Development Control Plan

The Draft Hornsby Development Control Plan (Draft DCP) is currently on exhibition and the relevant provisions of this document require consideration. The development would comply with the objectives of the Draft DCP as it is consistent with Council’ vision of creating a living environment and the Housing Strategy. The compliance of the proposal with the specific controls within the Draft DCP is discussed below:

2.15.1 Residential

The proposed development is required to comply with Section 3.4 (Residential Flat Buildings – 5 storeys) of the Draft DCP.

The development controls incorporated in the Draft DCP with regard to 5 storey residential flat buildings are similar to those in Council’s Housing Strategy DCP. Additional requirements in the Draft DCP include the requirement for clothes drying areas to be separate to the principal private open space area and the single aspect balconies on the side setbacks to be setback at least 6 metres from the boundary.

3. ENVIRONMENTAL IMPACTS

3.1 Natural Environment

The proposed development would necessitate the removal a number of trees from the site. The development would retain two significant trees located within the rear setback. The application is supported by an arborist report that assesses existing trees and provides recommendations for retaining the trees at the rear. Council’s assessment of the application with regard to its impact on trees concludes that the proposal is satisfactory.

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

3.2 Built Environment

3.2.1 Built Form

The buildings would be located within a precinct indentified with a future character of five storey residential flat buildings in landscaped setting with underground car parking. The built form of the proposal would be consistent with the desired future character of the precinct.

3.2.2 Traffic

The applicant has conducted a traffic modelling analysis of the intersections of Pennant Hills Road with Carlingford Road and Keeler Street, Carlingford Road with Rembrandt Street and Hepburn Avenue. The analysis concludes that the Level of Service (LoS) at the four intersections would remain unchanged including the traffic generated by the proposed development.

Council’s engineering assessment of the traffic impacts of the development concludes that the proposal is satisfactory.

3.2.3 Stormwater Management

3.3 Social Impacts

The social impacts of the development on the local and broader community have been considered in detail. The residential development would improve the housing choice in the locality by providing twenty-nine additional units that a range of sizes from one bedroom to three bedroom units. This is consistent with the North Subregion (Draft) Subregional Strategy.

3.4 Economic Impacts

The development would result in a positive economic impact on the locality via employment generation during construction.

4. SITE SUITABILITY

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

There is no known hazard or risk associated with the site with respect to landslip, subsidence, flooding and bushfire that would preclude development of the site. For the reasons detailed in this report, it is considered that the site is suitable to accommodate the development.

5. PUBLIC PARTICIPATION

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

5.1 Community Consultation

The proposed development was placed on public exhibition and was notified to adjoining and nearby landowners between 16/02/2012 and 14/03/2012 in accordance with Council’s Notification and Exhibition Development Control Plan. During this period, Council received seven submissions including one from Parramatta Council. Following the amendment of plans, the application was renotified between 24/05/2012 and 7/06/2012. During this period Council received four submissions. The map below illustrates the location of those nearby landowners who made a submission that are in close proximity to the development site.

NOTIFICATION PLAN
• PROPERTIES NOTIFIED	X SUBMISSIONS RECEIVED	PROPERTY SUBJECT OF DEVELOPMENT
NOTIFIED PROPERTIES WITHIN PARRAMATTA COUNCIL ARE OUT OF MAP RANGE. ONE SUBMISSION WITHOUT ADDRESS AND REMAINING SUBMISSIONS OUT OF MAP RANGE.

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

· The development would result in unacceptable traffic on local streets and would have negative impact of parking on Keeler Street;

· The development would be out of character with the area;

· The side boundary fences should be higher and balconies fronting the side boundaries should be covered to provide further privacy to adjoining land owners;

· Too many units within the site;

· A resident living on the opposite side of the road objected to the development as it would have negative impact on the privacy of the backyard adjoining of the villa; and

· The stormwater management system in the area is insufficient to cater for the development.

Additionally, the residents made the following observations:

· Keeler Street should be widened to absorb the extra traffic;

· The development of the precinct would have adverse impact on the traffic flow via Orchard Street;

· Individual bins must not be placed on the street for collection;

· Mature trees should be protected; and

· There are no designated clothes drying areas in the units.

Parramatta Council has raised objections on the following grounds:

· Unacceptable impact of the development on the adjoining properties due to its bulk and scale which would cause overshadowing impacts;

· The development would result in traffic congestion and increased on-street parking demand;

· Carlingford has a poor public transport service not capable of supporting a high density residential precinct; and

· For motorists, the connection to the major roads is poor. The first opportunity for a signalised right turn onto Carlingford Road is approximately 1.5 km to the east. A proposal to improve the access should be developed. Should the development be approved, the “No stopping” restriction on the opposite side of the street may be placed on a permanent basis.

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 Boundary fence

The side boundary fences would be 1.8 metres high which is considered reasonable. Further increase in height would cause overshadowing of the adjoining property with minimum improvement of privacy. The balconies fronting the side setback are located 6 metres from the side boundary. Should these balconies be covered, it would cause unreasonable impacts on the solar access and ventilation provisions of the future occupants. The balconies fronting Keeler Street would be located at a sufficient distance from the villas on the opposite side of the road. Therefore, no adverse privacy impact is envisaged.

Given that this locality would be developed as a high density precinct in the future, the location of the balconies and the fence height are considered satisfactory.

5.1.2 Traffic matters

Council has undertaken an assessment of the overall traffic impact of the redeveloped precinct on the locality.

In the preparation of Council’s Housing Strategy, transport modelling was undertaken to determine the traffic impacts of precincts to be rezoned as part of the Strategy. Traffic modelling and assessment for the Carlingford Precinct established that additional traffic that would be generated in the Precinct would not have a significant impact on existing roadway conditions and intersection performance in the area. The most significant traffic increase is envisaged to occur on arterial routes such as Pennant Hills Road and Carlingford Road. These increases are mainly attributed to anticipated growth and developments in other regions and to a greater extent to the re-distribution effect arising from the growth in through traffic from other regions of Sydney.

The modelling also established that the existing performance of the intersection of Carlingford Road with Hepburn Avenue is unsatisfactory during the morning peak period. This is mainly due to peak hour traffic congestion in Carlingford Road which limits the number of vehicles that can turn right out Hepburn Avenue. Signalising this junction would facilitate and improve access for Precinct. However, it is considered that this would encourage ‘rat runs’ from Marsden Road via Rickard Street and possibly into Pennant Parade and North Rocks Road, Murray Farm Road and Kirkham Street. Signalisation of the intersection of Carlingford Road with Hepburn Avenue is not supported at this stage due to envisaged adverse impact on the amenity of the area. Eastbound traffic that turns right out of Hepburn Avenue has an option of using other roads to exit the area via the traffic signals at the intersection of Carlingford Road with Midson Road. Notwithstanding, review and monitoring of traffic conditions will be required to determine if any traffic management strategies are required in the area after the precinct has been redeveloped.

The applicant has submitted a traffic impact assessment report (as discussed in section 3.2 of this report) which confirms the findings of Council’s Traffic Modelling that the development would not change the LoS of the nearby intersections.

5.2 Public Agencies

The proposal was not referred to any Public Agencies for comments.

6. THE PUBLIC INTEREST

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

CONCLUSION

The application seeks approval for the demolition of existing structures and the construction of a five storey residential flat building comprising twenty-nine units with basement car parking. The proposed development would be located on a site within a locality which has been recently rezoned as a high density residential precinct.

The application has been assessed having regard to Section 79C of the Environmental Planning and Assessment Act 1979, the design principles within SEPP 65, the standards within the Hornsby Shire Local Environmental Plan 1994 and the objectives of the development controls within Council’s Housing Strategy Development Control Plan.

The proposal would result in the expansion of an urban built form in keeping with the desired future character of the precinct.

Approval of the proposal is recommended.

Rod Pickles

Manager - Assessment Team 2

Planning Division

James Farrington

Group Manager

Planning Division

Attachments:

1.View	Locality Plan
2.View	Site Plan
3.View	Strata Plan
4.View	Floor Plans - Part 1
5.View	Floor Plans - Part 2
6.View	Elevations and Sections
7.View	Shadow Plan
8.View	View

File Reference: DA/1177/2011

Document Number: D01952957

SCHEDULE 1

GENERAL CONDITIONS

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

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

Plan No.	Rev	Drawn by	Dated
DA:01 cover	B	Transpacific Group Pty Ltd.	21.05.2012
DA:02 Development data	F	Transpacific Group Pty Ltd.	13.06.2012
DA:09 Site plan	E	Transpacific Group Pty Ltd.	8.06.2012
DA:10 Survey and Demolition	B	Transpacific Group Pty Ltd.	21.05.2012
DA:12 Proposed Strata Plan	F	Transpacific Group Pty Ltd.	13.06.12
DA:101 Basement Parking 1+2	F	Transpacific Group Pty Ltd.	13.06.2012
DA:102 Basement Parking 3+4	F	Transpacific Group Pty Ltd.	13.06.2012
DA:103 L1Ground Floor	E	Transpacific Group Pty Ltd.	8.06.2012
DA:104 L2 Residential	B	Transpacific Group Pty Ltd.	21.05.2012
DA:105 L3 Residential	B	Transpacific Group Pty Ltd.	21.05.2012
DA:106 L4 Residential	B	Transpacific Group Pty Ltd.	21.05.2012
DA:107 L5 Pent House	B	Transpacific Group Pty Ltd.	21.05.2012
DA:108 L5 Roof	B	Transpacific Group Pty Ltd.	21.05.2012
DA:109 Sections	F	Transpacific Group Pty Ltd.	13.06.2012
DA:110 Sections 2	F	Transpacific Group Pty Ltd.	13.06.2012
DA:111 Elevations 1	B	Transpacific Group Pty Ltd.	21.05.2012
DA:112 Elevations 2	B	Transpacific Group Pty Ltd.	21.05.2012
DA:113 Basement 5	F	Transpacific Group Pty Ltd.	13.06.2012
DA:201 1Br (Typical)	B	Transpacific Group Pty Ltd.	21.05.2012
DA:202 3Br (Typical)	B	Transpacific Group Pty Ltd.	21.05.2012
DA:23 2Br (Typical Adaptable unit)	B	Transpacific Group Pty Ltd.	21.05.2012
L01 - Landscape Plan Ground Floor	B	Greenland Design Pty Ltd	May 2012
L02 - Landscape Plan Penthouse	B	Greenland Design Pty Ltd	May 2012
L03 - Landscape Details	B	Greenland Design Pty Ltd	May 2012

Document No.	Prepared by	Dated
DA:11 Shadow Diagrams Rev B	Transpacific Group Pty Ltd.	21.05.2012
FD301-305 – Pre and Post adaptation Plans Rev C	Transpacific Group Pty Ltd.	2.06.2012
Sun.01-07 Rev D – Solar Access Diagrams	Transpacific Group Pty Ltd.	4.06.2012
Sediment Erosion Control Statement	G J McDonald Consulting Engineers	Received by Council on 10.02.2012
Civil Design Plans – Sheet 1 General Notes	G J McDonald Consulting Engineers	30.01.2012
Sheet 2 – Concept Drainage Details	G J McDonald Consulting Engineers	30.01.2012
Sheet 3 – Basement B1 Drainage Layout	G J McDonald Consulting Engineers	30.01.2012
Sheet 4 – Basement B 2 Drainage Layout	G J McDonald Consulting Engineers	30.01.2012
Sheet 5 – OSD tank details and Rainwater Tank details	G J McDonald Consulting Engineers	30.01.2012
Sheet 6 - Sediment and Erosion Control Plan	G J McDonald Consulting Engineers	30.01.2012
BASIX Certificate 414221M-02	Energia Design Concepts	22.05.2012
Traffic and Parking Statement A1212972N	ML Traffic Engineers	May 2012
SEPP 65 Design Verification Statement - Rev A	Vuong Tran	20.05.2012
Schedule of Finishes	Transpacific Group Pty Ltd	Received by Council on 23.05.2012
Waste Management Report Rev A	Transpacific Group Pty Ltd	22.05.2012
Arboricultural Impact Assessment Report	Arboreport	2.02.2012

2. Removal of Existing Trees

This development consent permits the removal of all tree(s) except tree numbered 1 as identified in Arboricultural Impact Assessment Report prepared by Arboreport dated 2 February 2012.

3. Amendment of Plans

a. The approved ‘Ground Floor Plan – Rev E’ prepared by Transpacific Group Pty Ltd dated 8.06.2012 is to be amended by increasing the setback of the balcony to U5 to 4 metres as marked in red on the approved plan.

b. The approved ‘Site Plan – Rev E’ prepared by Transpacific Group Pty Ltd dated 8.06.2012 is to be amended by deleting the walls and the roofs enclosing the garbage collection area as marked in red on the approved plan. The garbage collection area should comprise of pervious pavers.

c. The stairs providing access to the garbage rooms at Basement levels 1 and 2 must be replaced by ramps as marked on the approved plans.

d. The following plans must be amended in accordance with the Approved Plans in Condition 1 of this development consent:

Plan No.	Prepared by	Dated
Civil Design Plans – Sheet 1 General Notes	G J McDonald Consulting Engineers	30.01.2012
Sheet 2 – Concept Drainage Details	G J McDonald Consulting Engineers	30.01.2012
Sheet 3 – Basement B1 Drainage Layout	G J McDonald Consulting Engineers	30.01.2012
Sheet 4 – Basement B 2 Drainage Layout	G J McDonald Consulting Engineers	30.01.2012
Sheet 5 – OSD tank details and Rainwater Tank details	G J McDonald Consulting Engineers	30.01.2012
Sheet 6 - Sediment and Erosion Control Plan	G J McDonald Consulting Engineers	30.01.2012
L01 - Landscape Plan Ground Floor	Greenland Design Pty Ltd	May 2012

REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

4. Building Code of Australia

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

5. Contract of Insurance (Residential Building Work)

In the case of residential building work for which the Home Building Act 1989 requires there to be a contract of insurance in force in accordance with Part 6 of that Act, that such a contract of insurance is in force before any building work authorised to be carried out by the consent commences.

6. Water/Electricity Utility Services

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

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

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

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

7. Accessible units

The details of fit-outs of all accessible units (3 units) and details of adaptable units must be provided with the Construction Certificate Plans.

8. Letter boxes

The details of letter boxes and meter enclosures must be provided with the Construction Certificate Plans. The letter boxes and meter enclosures must be provided with a minimum setback of 2 metres from all boundaries and must be suitably screened.

9. Waste Management Plan

10. Dilapidation Report

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

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

11. Erection of Construction Sign

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

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

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

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

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

12. 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.

13. Toilet Facilities

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

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

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

14. Erosion and Sediment Control

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

15. Tree Protection Barriers

Tree protection fencing must be erected around T1 to be retained at a 2 metre setback. The tree fencing must be constructed of 1.8 metre ‘cyclone chainmesh fence’ or star pickets spaced at 2 metre intervals, connected by a continuous high-visibility barrier/hazard mesh at a height of 1 metre.

REQUIREMENTS DURING CONSTRUCTION

16. Construction Work Hours

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

Monday to Saturday 7 am to 5 pm

Sunday & Public Holidays No work

17. 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.

18. Environmental Management

19. Council Property

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

20. Excavated Material

21. Landfill

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

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

22. Survey Report – Finished Floor Level

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

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

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

23. Contamination during construction works

24. Waste Management

a. The identity of the person removing the waste.

b. The waste carrier vehicle registration.

c. Date and time of waste collection.

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

e. Details of the site to which the waste is to be taken.

f. The corresponding tip docket/receipt from the site to which the waste is transferred (noting date and time of delivery, description (type and quantity) of waste).

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

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.

25. Fulfilment of BASIX Commitments

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

26. Sydney Water – s73 Certificate

A s73 Certificate must be obtained from Sydney Water.

27. Stormwater Drainage

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

a. Connected directly to Council’s drainage system within the property.

b. A separate approval be obtained from Hornsby Shire Council to connect into the Council stormwater drainage system.

Note A construction certificate is to be issued prior to the commencement of any works.

28. On Site Stormwater Detention

An on-site stormwater detention system must be designed and constructed for the development. The stormwater drainage system is to be designed in accordance with Council’s Civil Works – Design and Construction Specification 2005 and the following requirements:

a. Have a capacity of not less than 35m³, and a maximum discharge (when full) of 19 litres per second.

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

d. Not be constructed in a location that would impact upon the visual or recreational amenity of residents.

Note: A construction certificate is to be issued prior to the commencement of any works.

29. 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 5 percent for the first 6 metres from the property boundary and must have a minimum width of 5.5 metres.

Note: A separate construction certificate is required to be issued prior to the commencement of any work.

30. 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 and reconstructed.

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

Note: A separate construction certificate is required to be issued prior to the commencement of any work.

31. 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.

Note: A separate construction certificate is required to be issued prior to the commencement of any work.

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

32. Road Works

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

a. The existing kerb and gutter be removed and reconstructed.

b. The existing road pavement to be saw cut a minimum of 300 mm from the existing lip of gutter and reconstructed.

Note: A separate construction certificate is required to be issued prior to the commencement of any work.

33. 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.

34. Traffic Control Plan

a. Arrangements for public notification of the works.

b. Temporary construction signage.

c. Permanent post-construction signage.

d. Vehicle movement plans.

e. Traffic management plans.

f. Pedestrian and cyclist access/safety.

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

35. Creation of Easements

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

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

36. Garbage Collection Easement

37. Works as Executed Plan

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

38. 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.

39. s94 Infrastructure Contributions

The payment to Council of a contribution of $30,7377.90 for twenty-seven additional residential units towards the cost of infrastructure identified in Council’s Development Contributions Plan 2007-2011 in accordance with the following table:

Note: * The value of contribution is current as at 5/06/2012. 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.

40. Accessibility Requirements

a. Handrails must be provided on both sides of the disabled access ramp.

b. Tactile ground surface indicators are to be positioned at the top and bottom of the ramp.

c. Kitchen cupboards and equipments must not obstruct wheelchair access around doors.

d. The accessible units must include all necessary fit outs.

41. Construction for a safe environment

The site must include the following elements:

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

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

c. The communal open space at the rear of the site be illuminated with high luminance by motion sensor lighting

d. The service areas of the ground floor and the garbage room at the basement be illuminated with high luminance by motion sensor lighting

e. An inspection window be installed in the stairwell door to allow viewing from inside prior to exiting the building.

f. The driveway and the basement carpark is to be illuminated with low luminance at all times.

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

42. Waste Management Details

The following waste management requirements must be complied with:

The bin storage rooms at the basement level 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.

a. A report must be prepared by an appropriately qualified person, certifying the following:

· A comparison of the estimated quantities of each waste type against the actual quantities of each waste type.

Note: Explanations of any deviations to the approved Waste Management Plan is required to be included in this report

· 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.

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

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

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

Note: Ramps between different levels are acceptable

e. There must be no compaction equipment on the recycling side of the chute system.

f. The bins placed at the bin collection point for servicing must be screened by landscaping from public view.

43. Completion of Landscaping

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

a. To maintain canopy cover, six medium to large trees are to be planted on the subject site. The planting location must not be within 4 metres of the foundation walls of the building. The pot size is to be a minimum 25 litres and the tree(s) must be maintained until they reach the height of 3 metres. Trees must be native to Hornsby Shire and reach a mature height greater than 12 metres.

b. Eastern and western boundary screen planting (within the landscape setback areas adjoining the boundaries) - Eight (8) additional Acmenia smithii (lillypilly) and Four (4) additional Elaeocarpus eumundi (Blueberry ash) in planter beds installed with a minimum pot size of 25 litres.

c. On slab planter boxes to include automatic drip irrigation, subsoil drainage (proprietary drainage cell, 50mm sand and filter fabric), and waterproofing.

d. 500 mm soil depth and 75mm mulch be provided for shrubs.

e. 1000 mm soil depth and 75 mm mulch be provided for trees and palms.

Note: Any proposed landscaping or fencing must not obstruct the clear sightlines of pedestrians or cyclists travelling along the footpath of Keeler Street.

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.

OPERATIONAL CONDITIONS

44. Car Parking and Deliveries

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

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

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

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

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

e. Visitors must be able to access the basement car park by an audio/visual intercom system located at the top of the ramped driveway at all times.

45. Noise

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

46. Fire Safety Statement - Annual

47. Waste Storage area and waste management

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

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

Site security measures be implemented to prevent access to the waste storage rooms by the residents.

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

48. 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.

- END OF CONDITIONS -

ADVISORY NOTES

Environmental Planning and Assessment Act 1979 Requirements

· The Environmental Planning and Assessment Act 1979 requires:

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

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

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

· Mandatory inspections of nominated stages of the construction inspected.

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

Long Service Levy

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

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

Tree Preservation Order

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

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

Disability Discrimination Act

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

Dial Before You Dig

Asbestos Warning

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

www.environment.nsw.gov.au

www.nsw.gov.au/fibro

www.adfa.org.au

www.workcover.nsw.gov.au

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

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.

House Numbering

Date Lodged	Councillor/Designated Person (Position)	Reason for Lodgement
28 May 2012	Development Assessment Officer	Leaving Council
29 May 2012	Aquatic Supervisor - Galston Aquatic Centre	New appointment

EFFICIENT AND EFFECTIVE SERVICE DELIVERY
*Initiative 1 – Establish Local Government as an employer of choice.*
Key Actions	Coordinating Agency	Expected completion
1a Develop a program for sharing specialist professional, technical and other staff between councils in rural areas on a regional basis and between urban and rural councils	LGMA (NSW)	June 2013
1b Develop a program for partnering and mentoring between large/small and urban/rural councils	LGSA	June 2013
1c Explore opportunities for increasing flexible working arrangements to support a variety of models of local government	LGMA (NSW)/LGSA Submit to Panel	April 2013
1d Identify barriers to establishing inter-council contractual arrangements sharing staff, including general managers and senior staff, as well as commercialising services	LGMA (NSW) Submit to Panel	April 2013
1e Develop and implement strategies to increase the diversity and skill range of council staff	LGMA (NSW)	Ongoing
*Initiative 2 - Encourage and facilitate innovation.*
Key Actions	Coordinating Agency	Expected completion
2a Develop options and models to enhance collaboration on a regional basis through ROCs	Independent Review Panel	July 2013
2b Undertake research into innovation and better practice in Local Government in NSW, Australia and internationally	Independent Review Panel	July 2013
2c Ensure councils take advantage of the National Digital Economy Strategy and the National Broadband Network to improve capacity and service delivery	LGSA	June 2014
2d Develop a consistent performance measurement approach for councils and a comprehensive program to support improvement	DLG	June 2013
2e Develop alternative service delivery business models	LGMA (NSW) Submit to Panel	April 2013
2f Examine and develop options for state-wide procurement and technology	LGSA/DLG	December 2013
2g Review all legislation for impact on local government and identify opportunities to reduce red tape while ensuring accountability and not compromising good governance	LGSA Submit to Panel	September 2012

QUALITY GOVERNANCE
*Initiative 3 – Ensure the Local Government Act supports stronger local government.*
Key Actions	Coordinating Agency	Expected completion
3a Identify legislative implications of Destination 2036 actions and advise the Local Government Act review	DLG Submit to Panel and Act Review	September 2013
*Initiative 4 – Ensure strong and effective local governance.*
Key Actions	Coordinating Agency	Expected completion
4a Review and amend the Model Code of Conduct and relevant provisions of the Local Government Act to ensure the highest standards of behaviour	DLG	September 2012
4b Develop strategies designed to increase the diversity and skill range of candidates and elected councillors	DLG/LGSA	Immediately and ongoing
4c Develop and implement a Councillor Development Strategy	DLG/LGSA	October 2012 and ongoing

FINANCIAL SUSTAINABILITY
*Initiative 5 – Review the revenue system to ensure greater flexibility and self reliance.*
Key Actions	Coordinating Agency	Expected completion
5a Review the financial sustainability of councils	DLG Submit to Panel	September 2012
5b Examine current Local Government revenue system to ensure the system is contemporary, including rating provisions and other revenue options	Independent Review Panel	July 2013
*Initiative 6 – Develop strategies that maximise opportunities to secure funding from other levels of government*
Key Actions	Coordinating Agency	Expected completion
6a Representations to the Commonwealth Government to provide Local Government with a greater share of income and a “fairer” distribution of funds between councils through the Commonwealth’s review of Financial Assistance Grants	LGSA	Ongoing
6b Representations to the Commonwealth Government to ensure permanency of the ‘Roads to Recovery’ program	LGSA	Ongoing
6c Enhance skills in rural and regional councils to better ensure that they secure grant funding from other levels of Government	LGMA (NSW)	June 2013
*Initiative 7 – Establish a range of funding models to enable the long term maintenance, replacement and creation of different classes of assets.*
Key Actions	Coordinating Agency	Expected completion
7a Establish and implement the Local Infrastructure Renewal Scheme to assist in investment in infrastructure	DLG	Already commenced. Annual program funded until 30 June 2015
7b Provide support to councils to develop asset management plans and better understand asset management issues	DLG	June 2012
7c Representations to the Commonwealth Government to develop coordinated infrastructure strategies and funding	LGSA	Ongoing
7d Undertake a council-by-council audit of asset backlog	DLG Submit to Panel	June 2013

APPROPRIATE STRUCTURES
*Initiative 8 - Develop a number of different structural models for local government.*
Key Actions	Coordinating Agency	Expected completion
8a Examine the pros and cons of alternative governance models	Independent Review Panel	July 2013
8b Research and develop alternative structural models, identifying their key features and assessing their applicability to NSW	Independent Review Panel	July 2013
8c Identify barriers and incentives to encourage the voluntary amalgamation or boundary adjustment of councils	Independent Review Panel	July 2013

1.View	HSC Investment Portfolio as at 31 May 2012
2.View	HSC Borrowings Schedule as at 31 May 2012

STRONG RELATIONSHIPS
*Initiative 9 - More clearly define the functions, roles and responsibilities of Local and State Government.*
Key Actions	Coordinating Agency	Expected completion
9a Identify those functions that are clearly State or Local Government responsibility, those that cannot be readily defined and those that have been legislated/regulated as core functions	Independent Review Panel/Act Review	July 2013
*Initiative 10 - Align State and Local Government planning frameworks.*
Key Actions	Coordinating Agency	Expected completion
10a Contribute to the review of the EP&A Act	LGSA	June 2013
10b Contribute to Regional and Local Action Plans that link to NSW 2021 and that address the key issues in each region and local area	DLG	December 2012
10c Review IP&R framework including access to data and regional planning	DLG	December 2013
*Initiative 11 - Negotiate a new Inter-Governmental Agreement (IGA).*
Key Actions	Coordinating Agency	Expected completion
11a Establish a forum and a process to review the existing IGA	DLG/LGSA	October 2012
*Initiative 12 - Recognise Local Government as a legitimate and important sphere of government.*
Key Actions	Coordinating Agency	Expected completion
12a Support and promote the recognition of Local Government in the Australian Constitution	LGSA	December 2013

DA No:	DA/34/2012
Description:	Erection of a dwelling-house
Property:	Lot 2, DP 1168169, No. 82A Pretoria Parade, Hornsby
Applicant:	Mr B C and Mrs V H Batuwitage
Owner:	Mr B C and Mrs V H Batuwitage
Estimated Value:	$ 311,313
Ward:	B

1.View	Locality Map
2.View	Nexus Environmental Planning Report
3.View	DA Plans - Part 1
4.View	DA Plans - Part 2
5.View	DA Plans - Part 3
6.View	Landscape Plan