Attachments of General Meeting

Hornsby Shire Council Attachments

TABLE OF CONTENTS

Corporate Support Division

4 CS6/12 Investments and Borrowings for 2011/12 - Status for Period Ending 31 May 2012

Attachment 1: HSC Investment Portfolio as at 31 May 2012

Attachment 2: HSC Borrowings Schedule as at 31 May 2012

5 CS7/12 Destination 2036 Action Plan

Attachment 1: Destination 2036 Action Plan

6 CS8/12 Council Policy - Elections - Caretaker Period

Attachment 1: Policy - Elections - Caretaker Period

Environment and Human Services Division

7 EH5/12 Legislative Changes: Policy - Services - Child Care Centre Operations

Attachment 1: Amended Policy - Services - Child Care Operations

Planning Division

8 PL7/12 Development Application - Subdivision of one allotment into two,
34 Peebles Road, Fiddletown

Attachment 1: Locality Plan

Attachment 2: Cadastral Plan

Attachment 3: Subdivision Plan

9 PL8/12 Development Application - Change of use of the Berowra Waters Boatshed and kiosk, Berowra Waters Road, Berowra Waters

Attachment 1: Locality Plan

Attachment 2: Site Plan and Floor Plan

Attachment 3: Existing Plan and Elevation

Attachment 4: Elevations and Sections

10 PL9/12 Development Application - Five Storey Residential Flat Buidling, 48 - 52 Keeler Street, Carlingford

Attachment 1: Locality Plan

Attachment 2: Summary Sheet

Attachment 3: Site Analysis

Attachment 4: Floor Plans

Attachment 5: Roof Plan

Attachment 6: Elevations

Attachment 7: Landscape Plan

Attachment 8: Sections

Attachment 9: Site Details

Attachment 10: Adaptable Layouts

Attachment 11: Shadow Diagrams

11 PL10/12 Development Application - Five storey residential flat building,
62 and 64 Keeler Street, Carlingford

Attachment 1: Locality Plan

Attachment 2: Site Plan

Attachment 3: Strata Plan

Attachment 4: Floor Plans - Part 1

Attachment 5: Floor Plans - Part 2

Attachment 6: Elevations and Sections

Attachment 7: Shadow Plan

Attachment 8: View

12 PL12/12 Development Application - Dwelling-house, 82A Pretoria PDE, Hornsby

Attachment 1: Locality Map

Attachment 2: Nexus Environmental Planning Report

Attachment 3: DA Plans - Part 1

Attachment 4: DA Plans - Part 2

Attachment 5: DA Plans - Part 3

Attachment 6: Landscape Plan

Hornsby Shire Council

Attachment to Report No. PL12/12 Page 123

TOWN PLANNING CONSULTANT'S REPORT - NEXUS ENVIRONMENTAL PLANNING PTY LTD

Development Application No: 34/2012.

Description of Proposal: Erection of a two storey dwelling house.

Property Description: Lot 2, DP 1168169.

Applicant: Mr B C and Mrs V H Batuwitage.

Owner: Mr B C and Mrs V H Batuwitage.

Statutory Provisions: Hornsby Shire LEP - Residential A (Low Density).

Estimated Value: $311,113.

Ward: B.

RECOMMENDATION

THAT Development Application No.34/2012 for the erection of a two storey dwelling house at Lot 2, DP 1168169, 82A Pretoria Parade, Hornsby be approved subject to conditions of consent detailed in Schedule 1 of this report.

EXECUTIVE SUMMARY

1. The application proposes the erection of a two storey dwelling house.

2. The proposal does not comply with the 0.4:1 floor space ratio development standard contained in the Hornsby Shire Local Environmental Plan 1994. Consequently, the application has been supported by an objection under State Environmental Planning Policy No. 1 (SEPP 1) seeking approval of a variation to this development standard.

3. Seven (7) submissions have been received during the exhibition of the proposed development.

4. It is recommended that the application be approved.

THE SITE

The site is located on the northern side of Pretoria Parade, Hornsby.

The site has area of 500.1m², is currently vacant, and has access by way of a right of carriageway over No.82 Pretoria Parade.

Hornsby Shire Council

Attachment to Report No. PL12/12 Page 3

THE PROPOSAL

The proposal is for the erection of a two storey dwelling house.

ASSESSMENT

The development application has been assessed having regard to the '2005 City of Cities Metropolitan Strategy' the 'North Subregion (Draft) Subregional Strategy' and the matters for consideration prescribed under Section 79C of the Environmental Planning and Assessment Act 1979 (the Act). Subsequently, the following issues have been identified for consideration.

1. STRATEGIC CONTEXT

1.1 Metropolitan Strategy - (Draft) North Subregional Strategy

The Metropolitan Strategy is a broad framework to secure Sydney's place in the global economy by promoting and managing growth. It outlines a vision for Sydney to 2031, the challenges faced, and the directions to follow to address these challenges and achieve the vision. The draft North Subregional Strategy acts as a framework for Council in the preparation of a new Principal LEP by 2011.

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

- Employment capacity to increase by 9,000 jobs, and

- Housing stock to increase by 11,000 dwellings.

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

2. STATUTORY CONTROLS

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

2.1 Hornsby Shire Local Environmental Plan 1994

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

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

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

Hornsby Shire Council

Attachment to Report No. PL12/12 Page 4

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

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

Clause 15 of the HSLEP prescribes that the maximum floor space ratio (FSR) of development within the Low Density Residential zone is 0.4:1. The development has an FSR of 0.42:1 which does not comply with this development standard. To address this matter, the applicant has submitted an objection to the development standard under State Environmental Planning Policy No.1 - Development Standards (SEPP 1).

Sub-clause 18(1) of the HSLEP requires Council to consider the likely effect of the proposed development on a heritage conservation area. The site is located within the Pretoria Parade Precinct Hornsby West Side Heritage Conservation Area pursuant to Schedule E of the HSLEP. The Statement of Environmental Effects submitted with the development application contains a Heritage Impact Statement which was considered as part of the following assessment.

2.2 Draft Hornsby Local Environmental Plan

At its meeting on 7 March 2012, Council resolved to endorse the draft Hornsby Local Environmental Plan (DHLEP). The draft plan is currently on exhibition. Under the DHLEP, the subject land would be zoned R2 - Low Density Residential and dwelling houses would be permissible within the R2 - Low Density Residential zone with Council's consent.

2.3 State Environmental Planning Policy (Exempt and Complying Development)

On 27 February 2009, SEPP (Exempt and Complying Development Codes) commenced operation. Under the SEPP, the NSW Housing Code outlines how residential developments, including detached one and two storey dwelling houses, home extensions and other ancillary development, such as swimming pools, can proceed on lots of greater than 450m² in size as complying development with Council or accredited certifier approval.

The site is located within the Pretoria Parade Precinct Hornsby West Side Heritage Conservation Area pursuant to Schedule E of the HSLEP. Pursuant to sub-clause 1.19(6)(a), the SEPP does not apply to land contained within a Heritage Conservation Area. Notwithstanding, if the site were not located in the Heritage Conservation Area, the proposed development would be permissible as complying development.

2.4 State Environmental Planning Policy No. 1 B Development Standards

The proposal would have a floor space ratio of 0.42:1, which does not comply with the 0.4:1 development standard as contained within Clause 15 of the HSLEP. To address this matter, the applicant has submitted an objection to the standard under State Environmental Planning Policy No.1 - Development Standards (SEPP 1).

Hornsby Shire Council

Attachment to Report No. PL12/12 Page 126

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 Environmental Planning and Assessment Act 1979.

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

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

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

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

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

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

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

In our opinion the objection is well founded and worthy of support. We feel that the requirement to restrict the overall size of our proposal is unreasonable having regard to the size of the property, the fact that the proposed dwelling meets the objectives of the Hornsby HSLEP 1994 and complies with Council's standards. By today's standards where the trend for theatre rooms, multiple living areas and large void areas, the proposed dwelling is modest in size for a family in today's society.

The applicant's SEPP 1 objection does not address either the objective of the floor space ratio development standard or the requirements of SEPP 1 for the objection to the development standard to be considered well founded. Indeed, the SEPP 1 objection does not provide any planning reason as to why application of the 0.4:1 floor space ratio development standard would be unreasonable or unnecessary in the circumstances of this application.

Notwithstanding, the degree of non compliance of the proposed development with the floor space ratio development standard is considered to be minor and, as such, that it would result in little, if any, impact compared to a compliant development. The additional floor space would not impinge on either the environmental or amenity aspects of the site, and the underlying objectives of the zone would be achieved notwithstanding the additional floor area.

It is considered that there is not sufficient reason to refuse the application based on the non compliance of the proposal with the floor space ratio development standard.

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

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

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

The application has been assessed against the requirements of SEPP 55.

The site is within a residential zone and has not been used for a purpose which would be likely to result in the site being contaminated.

2.6 Dwelling House Development Control Plan

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

Dwelling House Development Control Plan

Control

Proposal

Requirement

Compliance

Site Area

500.1m²

N/A

Floor Area

214.01m²

225m²

N/A

Floor Space Ratio

0.42:1

0.4:1

Site Cover

31%

max 40%

Yes

Dwelling Height

8.43m

9m (2 storey)

Yes

No. of Storeys

Length of Building

16.93m

24m

Yes

Unbroken Wall Length

16.93m

10m

Private Open Space

196m²

120m²

Yes

Landscaping

50%

45%

Yes

Car Parking

2 spaces

Yes

Cut and Fill

< 1m

Yes

BASIX Certificate

405100S

Yes

Setbacks:

- Front

- Side

- Rear

N/A

1.3m

6.595m

Yes

As detailed in the above table, the proposed development does not comply with the floor space ratio, height, and 10m unbroken wall length standards within Council's Dwelling House DCP. The non-compliances are detailed below.

2.6.1 Floor Space Ratio

Pursuant to clause 15 of the HSLEP, the maximum floor space ratio is 0.4:1. The proposed development has a floor space ratio of 0.42:1. The applicant has submitted an objection to the 0.4:1 development standard pursuant to SEPP 1. As discussed above, notwithstanding a lack of adequate planning argument in the SEPP 1 objection as to why the development standard should be varied in the circumstances of this application, it is considered that a variation to the development standard is warranted.

2.6.2 Unbroken Wall Length

The wall of the proposed dwelling facing the western boundary of the site at ground floor level is 16.93m in length without any architectural break. The proposed development contains windows to the dining room and kitchen in this elevation and the elevation is a side elevation. It is considered that there would be no adverse impact resulting from the non compliance with this standard and variation to the 10m prescriptive measure is warranted.

2.6.3 Height

The proposal to erect a two storey dwelling house does not comply with the prescriptive measures of the Height element which states that dwelling houses on battle-axe allotments should not exceed single storey in height. Whilst the Dwelling House DCP favours single storey development on battle-axe allotments, it does not preclude two storey developments. Indeed, it could be argued that the site is not a battle-axe lot for the purposes of this control element.

The purpose of this control is to ensure that buildings are designed and located so that they do not cause unacceptable amenity impacts on neighbouring properties. In this instance, the 8.43m height of the proposal complies with the 9m prescriptive measure and the proposal would allow for reasonable solar access and privacy to the neighbour properties.

As indicated elsewhere in this report, were the site not contained in a Heritage Conservation Area, then the proposed development would meet the requirements of the Housing Code and, hence, be permissible as complying development.

Indeed, the proposed development complies with the height requirement of draft Hornsby Shire Local Environmental Plan 2012 and Draft Hornsby Shire Development Control Plan 2012 in terms of the height of a dwelling house.

A variation to the single storey height control is considered warranted.

3. ENVIRONMENTAL IMPACTS

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

3.1 Natural Environment

The proposed development would not be located close to significant trees.

The proposed development would have no impact on the natural environment.

3.2 Built Environment

3.2.1 Heritage

The Hornsby Shire Heritage Advisory Committee reviewed the proposed development and concluded:

The proposal was previously considered by the Heritage Advisory Committee at its meeting on 1 May 2012. The Committee raised objections to the proposal on heritage grounds as the development is inconsistent with the Siting, Design and Streetscape elements of the Heritage DCP and would have an adverse impact on the character of the adjacent heritage item and surrounding HCA.

The Committee considered the amended plans presented at the meeting (copy attached) responding to the issues raised previously by the Committee. The Committee noted that there are a number of other two storey dwellings of similar bulk and scale to the proposed dwelling that are located in the immediate locality.

The Committee noted the amendments to reduce the gross floor area and width of the upper level to the rear of the dwelling. The Committee also noted that the rear part of the upper level will be clad in light-weight material, the roof form has been amended and landscape plans have been submitted to provide landscape screening along the rear property boundary. The Committee generally agreed that the amendments presented an improvement to those previously considered by the Committee.

No objections raised to the amended proposal on heritage grounds.

3.3 Social Impacts

There are no significant social impacts resulting from the proposed development.

3.4 Economic Impacts

There would be no significant economic impacts resulting from the proposed development.

4. SITE SUITABILITY

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

4.1 Site Selection

The site is a lot which has been created by the subdivision of the parent lot into two allotments. The site is suitable for the proposed development.

4.2 Flora & Fauna

There would be no impact to flora or fauna as a result of the proposed development.

4.3 Traffic and Parking

The proposed development would not generate traffic volumes above the capacity of the local road network and would have little impact on the level of service of the local road network. Two car parking spaces would be provided in accordance with the requirements of the Council.

4.4 Solar Access

The shadows cast by the proposed development would overshadow part of the principal open space of the adjoining dwelling at No.84A Pretoria Parade at 9am in mid winter. By noon in mid winter, the proposed development would not cast a shadow onto the private open space of that adjoining dwelling. It is considered that the solar access to the private open space of the adjoining dwelling at No.84A Pretoria Parade would meet the solar access control of the Dwelling House Development Control Plan.

Some shadow from the proposed development would be cast onto the rear yard of No.82 Pretoria Parade at 12 noon and 3pm in mid winter. The shadow cast at 12 noon is minor and would not prevent the proposal meeting the solar access requirements of the Dwelling House Development Control Plan. The shadow cast at 3pm would be to the concrete vehicle turning area of No.82 Pretoria Parade and would be acceptable.

4.5 Privacy

The primary living and entertaining areas of the proposed development have been located on the ground floor and are generally oriented towards the rear of the site. The formal living area has no windows on its western side and the dining area has two windows facing the dividing fence on the western side of the site. As a consequence, no privacy impacts would result from these windows. The first floor of the proposed development comprises bedrooms and an associated bathroom. No windows are to be contained in the western elevation at the first floor level other than the bathroom window. As such, no privacy impacts would result from the first floor of the proposed development.

Hornsby Shire Council

Attachment to Report No. PL12/12 Page 10

4.6 Bushfire Risk

The site has been identified as being bushfire prone land.

A recent amendment to Section 79BA of the Environmental Planning and Assessment Act 1979 requires Council, or a person accredited by the NSW Rural Fire Service, to certify that a development located on bushfire prone land would conform to the specifications and requirements of the document entitled Planning for Bush Fire Protection, ISBN-0-9751033-2-6. The certification would identify the applicable Bush Fire Attack Levels (BAL) and the relevant Asset Protection Zones (APZ) that would apply to the development.

Pursuant to Section 79BA of the Act, a bushfire risk assessment submitted with the development application contains a bushfire attack level (BAL) risk assessment, based on the proposed siting of the building works, and certifies that the development has a bushfire behaviour exposure level equivalent to BAL 12.5. Appropriate conditions have been included in this consent requiring the development comply with Australian Standard AS3959 - 2009 Construction of buildings in bushfire-prone areas for BAL 12.5.

The bushfire risk assessment also concludes that the entire site should be maintained as an Inner Protection Zone.

A referral to the Rural Fire Service is not required in this instance.

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 notified to adjoining and nearby landowners in accordance with Council's Notification and Exhibition Development Control Plan. During this period, Council received seven submissions.

The submissions objected to the development, generally on the grounds that the development would result in unacceptable impacts in terms of height, solar access, scale, privacy and heritage impact.

The merits of the matters raised in submission have been addressed in Section 2 of this report.

6. 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 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.