Agenda of General Meeting - 15 August 2012

Planning Report No. PL13/12

Planning Division

Date of Meeting: 15/08/2012

5 DEVELOPMENT APPLICATION - FIVE STOREY MIXED USE DEVELOPMENT
5 AND 7 THORNLEIGH STREET, THORNLEIGH

DA No:	DA/453/2012
Description:	Demolition of existing structures and erection of a five storey mixed use development comprising 1 commercial unit and 21 residential units with basement car parking
Property:	Lots 25, 26 and 27 Sec 4 DP 1854, Nos. 5 & 7 Thornleigh Street, Thornleigh
Applicant:	Mr Mario Khaicy
Owner:	Mr R P Zaiter, Mr Barry Whittle, Mrs Julie Anne Bird
Estimated Value:	$ 4,600,000
Ward:	C

EXECUTIVE SUMMARY

· The application proposes the demolition of existing structures and erection of a five storey mixed use development comprising 1 commercial unit and 21 residential units with basement car parking.

· 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 State Environmental Planning Policy (SEPP) No. 1 to vary the standard. The submission is considered well-founded and is supported.

· The proposal complies with the requirements of SEPP No. 65, Council’s Housing Strategy Development Control Plan and Business Lands Development Control Plan.

· One submission has been received in response to notification of the application.

· It is recommended that the application be approved.

· As Council is currently in caretaker mode prior to the 8 September 2012 election, this Report has been prepared having regard to the requirements of Council’s Elections – Caretaker Period Policy. The recommended decision is not a “major decision” within the context of Council’s Policy.

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. 453/2012 for demolition of existing structures and erection of a five storey mixed use development comprising 1 commercial unit and 21 residential units with basement car parking at Lot 25, 26 and 27 Sec 4 DP 1854, Nos. 5 & 7 Thornleigh Street, Thornleigh subject to the conditions of consent detailed in Schedule 1 of Group Manager’s Planning Report No. PL13/12.

BACKGROUND

The land at No. 5 Thornleigh Street was rezoned from Residential A (Low Density) to Business A (General) in 2009 (Amendment No. 97).

The land at No. 7 Thornleigh Street was rezoned from Residential A (Low Density) to Residential C (Medium-High Density) on 2 September 2011 as part of Council’s Housing Strategy.

SITE

The site comprises three allotments, (Nos. 5 and 7 Thornleigh Street) located on the northern side of the road with a total area of 1337 m². The site has an average slope of 7.7% towards the street from the north-western corner (rear) to the south-eastern corner (front).

Existing improvements on Nos. 5 and 7 Thornleigh Street include single storey dwelling-houses with garages at the rear. A number of trees are located within the rear setback of both properties.

The surrounding developments on the eastern and southern sides include single and two storey residential dwellings. The adjoining developments on the western and north-western sides include one to three storey high commercial developments. Shops, offices and a gymnasium are located in these commercial buildings.

PROPOSAL

The proposal involves the demolition of the existing structures within the site and construction of a five storey mixed use development comprising one commercial unit and 21 residential units with two levels of basement carpark. The details of the development are provided below:

Commercial component:

The development involves the construction of one commercial unit on the ground floor adjoining the western boundary. The unit would have an area of 133 m² with separate entrance from Thornleigh Street.

Residential Component:

Twenty-one units are proposed to be constructed in five levels. The unit mix would comprise of 4 x 1-bedroom units, 15 x 2-bedroom units and 2 x 3-bedroom units. The units would be accessed via a lift and would include balconies fronting the street, the rear and the side boundaries.

The gross floor area of the residential component of the development is 2133m².

Car parking and access

The building would be accessed from Thornleigh Street via a driveway located on the eastern boundary of the site. A separate pedestrian entry would provide access to the foyer and the lift for vertical circulation. A total of 23 residential spaces, 4 visitor’s parking spaces and 3 commercial parking spaces including disabled car spaces and adaptable spaces are proposed in 2 basement levels.

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

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 proposed development would be consistent with the draft Strategy by providing an additional 21 dwellings and would contribute towards housing choice in the locality. The development would also include a commercial component and generate employment opportunity in the locality.

2. STATUTORY CONTROLS

2.1 Hornsby Shire Local Environmental Plan 1994

2.1.1 Clause 7 – Permissibility

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

Residential C zone:

(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.

This zone would only accommodate the residential units. The proposed landuses are defined as “demolition” and “multi-unit housing” under the HSLEP and are permissible in the zone with Council’s consent.

Business A zone:

(a) to encourage economic growth and employment opportunities.

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

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

The proposed commercial unit with residential units on top would be located in this zone. The proposed landuses are defined as “demolition”, “business premises” and “multi-unit housing” under the HSLEP and are permissible in the zone with Council’s consent.

The proposed commercial unit would facilitate employment opportunities in the locality. The proposal complies with the objectives of the Business A zone in this regard.

2.1.2 Clause 11 - Developments near the Zone Boundaries

The objective of this clause is “to allow for development near zone boundaries where the development is prohibited by zoning but is not inconsistent with the aims and objectives of this plan”.

Clause 11 states the following:

(1) This clause applies to transitional land.

(2) Regardless of any other provision of this plan, development may, with the consent of the Council, be carried out on land to which this clause applies within a zone, for any purpose for which development may be carried out in the adjoining zone, where the Council is satisfied that:

(a) the development is not inconsistent with the aims and objectives of this plan and the objectives of both zones, and

(b) in the case of business or industrial development, suitable land or premises are not available for the development in any business or industrial zone in the locality.

Transitional land is defined as “that land which is within 20 metres of a boundary between any two zones.” Clause 11 of the HSLEP applies to the site as it comprises two zones and is transitional land. It is noted that the toilet and storage area for the commercial unit and the commercial car spaces in the basement would be located within the “transitional land” component of the site. In this regard, the location of the landuses, ancillary to the commercial unit, is appropriate as the uses would be integrated as part of the overall development and would promote the orderly development of the site.

2.1.3 Clause 15 – Floor Space Ratio

Clause 15 of the HSLEP prescribes the maximum permissible floor space ratio (FSR) for 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 part of the site located in the Residential C zone is identified in Diagram 8 of Schedule BB of the HSLEP. Therefore, Clause 15 does not apply to this section of the site.

The part of the site zoned Business A is identified in Schedule B (Diagram 22) of the HSLEP. Clause 15(2) of the HSLEP prescribes that the maximum FSR for a site identified in Diagram 22 should not exceed 1.5:1. The proposed development results in an FSR of 1.83:1 in the Business A Zone and does not comply with the above requirement. The application is supported by a submission pursuant to State Environmental Planning Policy No. 1 and is discussed in Section 2.3 of this report.

2.1.4 Clause 15A – Height of Buildings

Clause 15A of the HSLEP applies to the Residential C zone of 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 Residential C component of the site is 17.5 metres. The proposed development complies with this requirement.

2.1.5 Clause 18 – Heritage

Clause 18 of the HSLEP sets out heritage conservation provisions for Hornsby Shire. The 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 Hornsby Local Environmental Plan

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

2.2.1 Zoning

The site would be zoned B6 (Enterprise Corridor) and R4 (High Density Residential) zone pursuant to the Land Use Table of the draft HLEP. The proposed development within the B6 zone is defined as ‘Business premises’ and ‘Shop top housing’. The component of the development within the R4 zone is defined as a ‘Residential Flat Building’. The development would be permissible in the respective zones with Council’s consent.

2.2.2 Development near zone boundaries

Clause 5.3 of the draft HLEP includes provisions for developments near zone boundaries. This Clause would apply to any land located within 20 metres of a boundary of two zones and would allow flexibility in permissible landuses provided the development is not inconsistent with the objectives of both zones.

This Clause would apply to the site as it is located on a zone boundary. The matter is discussed in detail in Section 2.1.2 of this report.

2.2.3 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 within the R4 zone is 17.5 metres and that within the B4 zone is 16 metres. The proposal complies with this provision.

2.2.4 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 the B6 component of the site is 1.5:1. As discussed above, the proposal would not comply with this requirement and is supported by a submission pursuant to SEPP 1.

2.3 State Environmental Planning Policy No. 1 - Development Standards

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 relevant objectives of Section 5(a) of the Act are to encourage:

“(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 1.83:1 within the Business A zone. The remaining part of the site is zoned Residential C with no FSR control. The applicant submits that the proposal is consistent with the objectives of the Business A zone, Clause 15 of the HSLEP and the Act in the following ways:

· “The extent of non-compliance, when considering the whole development site, is approximately 10% and is imperceptible when considering the bulk and scale associated with the development;

· The design concept provides for an appropriate distribution of the building mass, noting technical compliance with the control could be achieved through a redistribution of the building mass to the Residential C land however the design outcome would be poor in terms of amenity and the level of presentation to Thornleigh Street;

· The design of the development proposal has been carried out to align with the desired future character of the Station Street Precinct, which will adopt building forms of approximately five (5) storeys and 17.5 metres. The current proposal will exhibit a comparable intensity and scale to the future development of the precinct;

· The intensity and scale of the development does not exceed the environmental capacity of the land, noting that the design concept ensures that environmental impacts are acceptable. Amenity for future occupants is maximised with 81% of units receiving more than 2 hours of solar access at mid-winter and are cross-ventilated;

· The development proposal provides for a ground floor commercial tenancy to activate the street frontage and to contribute to the retail, commercial and social needs of the local community. The ground floor commercial tenancy will also provide future employment opportunities and the overall concept will contribute to the improvement of the health, vitality, cultural and social environment within the area;

· The proposal is generally consistent with the provisions of the Draft Hornsby Local Environmental Plan 2012, noting compliance with the 16 metres height limit.

· The Business A zone of No. 5 Thornleigh Street is an anomaly in that it has been used for residential purposes for several decades, with the relatively recent development of the adjoining site to the north-west effectively extinguishing any substantive commercial development potential of the 445 m² allotment.

· The current proposal ensures that the allotment zoned Business A will not be isolated and facilitates the orderly and economic development of the land by providing an appropriate intensity that aligns with the future scale of development in the Station Street Precinct whilst providing commercial floor area at the ground floor. The dual zoning of the site provides a logical transition at the interface of the commercial zone to the north and west with the residential zoned land to the east”.

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 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;

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 would be 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, 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 current development would be a desirable outcome for the site as it would be consistent with Council’s vision of accommodating additional housing stock in the area whilst providing employment opportunities in the locality.

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

· The site is located at the boundary of a business precinct and a high density residential precinct. This development would provide an appropriate transition between the two areas.

· 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 submission is supported.

2.4 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 to notify Council should any contamination be found during construction.

2.5 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.

2.5.1 Principle 1: Context

The site is located within a precinct zoned for five storey residential flat buildings in close proximity to Pennant Hills Road and the Thornleigh commercial 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. The commercial unit would provide a transitional development on the zone boundary.

This is the first development application lodged with Council for the redevelopment of the precinct. The above argument is supported as the development responds appropriately to the ‘context’ principle of SEPP 65, and would contribute to the identity and future character of the precinct.

2.5.2 Principle 2: Scale

The proposed development complies with the maximum height limit permitted in the residential precinct and provides a building envelope which confines itself within the setbacks required by Council’s Housing Strategy Development Control Plan. The component of the building within the Business zone, however does not comply with the three storey height limit stipulated in the Business Lands Development Control Plan. The matter is discussed in Section 2.11 of this report.

The articulated facades of the building provide an appropriate transition between the adjacent, existing two to three storey commercial developments and the future high density residential precinct. The proposed design and inclusion of No. 5 Thornleigh Street as part of the development would avoid the creation of an isolated site between the commercial centre and residential precinct.

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

2.5.3 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 are assessed in Section 2.10 of this report.

2.5.4 Principle 4: Density

The HSLEP does not incorporate any floor space ratio requirements for the residential component of the site within the Housing Strategy precinct. The density of development is guided by the height of the building and the required setbacks from the boundaries. The development does not comply with the FSR requirement of the Business A zone contained within the HSLEP. The matters have been discussed in detail in Sections 2.3 of this report.

The proposal achieves a dwelling density consistent with the requirements of the Housing Strategy Development Control Plan which establishes the desired future character for the “Station Street, Thornleigh” precinct. The density of the development also provides an appropriate transition between the residential precinct and Thornleigh commercial centre.

2.5.5 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 are discussed in 2.6 of this report.

2.5.6 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 and communal recreational area within the rear setback. Given the above, the proposal satisfies the intent of the ‘Landscaping’ principle of SEPP 65.

2.5.7 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 2.6 of this report.

2.5.8 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 20 residential units. The proposal includes an assessment of the development against crime prevention controls in the Statement of Environmental Effects. The applicant advises that the safety of the public domain is enhanced by providing apartment layouts that optimize occupant surveillance, well-lit entry lobbies, garden paths and public areas, secured car-park entry and casual surveillance for all communal areas.

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 a condition requiring lighting of the service areas of the ground floor, the garbage room and the communal open space at the rear.

2.5.9 Principle 9: Social dimensions

The site is located within close proximity to a variety of shopping, recreation and educational facilities. An appropriate mix of landuses, dwelling types and sizes is proposed improving housing choice in the locality. Accordingly, the development is assessed as satisfactory with regard to social dimensions.

2.5.10 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 2.10 of this report.

2.6 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 and Infrastructure’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	>30% within the Res C zone	Min 25%	Yes
Communal Open Space	28% within the Res C zone	25-30%	Yes
Ground Level Private Open Space	25m² < 4m	25m² Min Dimension 4m	Yes 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
Ceiling heights - Residential floors	2.7m	2.7m (Min)	Yes
Ceiling height-commercial floors	3m	3m (Min)	Yes
Total Storage area	1 br - > 6m³ 2 br - > 8m³ 3 br - > 10m³ > 50% accessible from the apartments	6m³ (Min) 8m³(Min) 10 m³ (Min) 50% accessible from apartments	Yes Yes Yes Yes
Dual Aspect & Cross Ventilation	76% (16 out of units)	60%	Yes
Adaptable Housing	30%	10%	Yes

As detailed in the above table, the proposed development generally complies with the prescriptive measures within the RFDC. The matter of non-compliance with dimensions for open space is discussed below as well as a brief discussion on compliance with the relevant performance standards.

2.6.1 Building Depth and Separation

The proposed building depth and the design of the facades are in accordance with the requirements of Council’s Housing Strategy Development Control Plan and are discussed in Section 2.10.

The majority of the living areas and single aspect balconies would be setback 6 metres from the side boundaries facilitating a future building separation of 12 metres with adjoining sites in accordance with the RFDC. The top level balconies on the eastern side would not provide a 9 metre separation from the boundary (18 metres from adjoining future development). Compliance can however, be achieved via conditions of consent. The matter is discussed in Section 2.10 of this report.

The proposed building separation would not result in unreasonable compromise of natural ventilation and solar access to the proposed, or adjoining future, developments subject to the implementation of conditions of consent.

2.6.2 Apartment Layout

The proposed development includes a mix of single aspect and corner units including, one, two 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 for most of the units. In accordance with the RFDC, the majority of units (52%) have kitchens with access to natural ventilation. Furthermore, no units are proposed as single aspect, south facing.

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

2.6.3 Ground Floor Apartments and Private open Space

The majority of the ground floor units have been provided with 25 sq metres of courtyard space. Unit No. 4 on the ground floor would not achieve the 4m minimum depth in one direction. However, this ground floor terrace 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 is not applicable to this unit.

The private courtyards on the eastern side would include privacy screens to alleviate adverse impact on the visual and acoustic privacy of residents on the adjoining allotment whilst maintaining a communal landscaped strip along the boundary for pedestrian access to the rear.

The location and dimensions of the private courtyards for the ground floor apartments are considered satisfactory.

2.6.4 Internal Circulation

The proposal includes barrier free access to all floors via a lift. A maximum of 5 units would be accessed from a double loaded corridor.

2.6.5 Acoustic Privacy

The internal layout of the residential units is designed such that noise generating areas would generally 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. No balconies would front Thornleigh Street at the ground level.

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

2.7 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.

2.8 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.

2.9 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 subject to implementation of recommended conditions.

2.10 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 component of the proposed development within the Residential C zone, with the various elements of the Housing Strategy DCP:

Housing Strategy Development Control Plan
Control	Proposal	Requirement	Compliance
Site Width	36.57m	30m	Yes
Height	5 storeys – 17.5m	5 storeys – 17.5m	Yes
Lowest Residential Floor Above Ground	1.2m	1.5m Max	Yes
Maximum Floorplate Dimension	32m	35m	Yes
Building Indentation	4m x 4m	4m x 4m	Yes
Front Setback	10m 8m for 1/3 of building length (6.5m)	10m 8m for 1/3 of building length (6.8m)	Yes Yes
Eastern Side Setback	6m 4m for 1/3 of building length (6.5m)	6m 4m for 1/3 of building length (6.8m)	Yes Yes
Western Side setback	Building extends to Business A zone	N/A	N/A
Rear Setback	11m 8m for 1/3 of building length (6m)	10m 8m for 1/3 of building length (6.8m)	Yes
Additional Top Storey Setback From Ground Floor	<3m	3m	No – Discussed later
Underground Parking Setback	Front & Rear - 7m Eastern Side - 4m	7m 4m	Yes Yes
Balcony setback	Front & Rear - 7m Sides - 4m	7m 4m	Yes Yes
Basement Ramp Setback (6m wide)	2m (Min)	2m (Min)	Yes
Pedestrian access setback	> 2m	2m	Yes
Garbage enclosure setback	2m	2m	Yes
Parking	23 resident spaces 4 visitor spaces 7 bicycle spaces	23 resident spaces 4 visitor spaces 7 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	28%	25%	Yes
Solar Access	71.4%	70%	Yes
Housing Choice (1br, 2 br and 3 br)	10% of each type	10% of each type (min)	Yes
Adaptable Units	30% (6 units)	30%	Yes
Accessible units	10% (2 units)	10%	Yes

As indicated in the above table, the proposal generally complies with the 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.

2.10.1 Site Requirements

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

2.10.2 Setbacks

Ground Floor courtyard

The private courtyard for Unit 4 on the ground floor is raised to provide level access from the unit. The courtyard is to be enclosed by a 0.8m - 1.5m high retaining wall with a 1.4m high privacy screen on top, setback 1m from the eastern boundary. This would result in a narrow landscaped strip between the fence and the courtyard not complying with the Housing Strategy DCP which requires the maintenance of a 2m wide landscaped strip adjoining ground floor courtyards.

To ensure a reasonably wide landscape strip, a condition of consent is recommended requiring a 2m wide setback from the courtyard wall to the eastern boundary. This would also reduce the height of the wall and the depth of the fill. The additional setback would still retain the required courtyard area. The privacy screen would alleviate overlooking opportunities.

Privacy screens are proposed for all ground level courtyards along the eastern boundary to maintain privacy. This is considered to be an acceptable design outcome.

Setbacks for the top storey

The Housing Strategy DCP requires that the top storey be setback an additional 3m from the ground floor. The proposed development generally complies with this requirement except in the following areas:

· Additional 3m setback is not provided for the components of the building which have a setback >10m at the ground level. The subject areas are minor when compared to the total building envelope.

Comment: The minor encroachment is considered reasonable as the 3m additional setback in these areas would not provide any extra amenity to the residents and would reduce useable floor area. The habitable rooms of the building located in these areas would achieve the18m building separation from an adjoining residential development as required by the RFDC. The encroachment would also not have any negative impact on building articulation. Therefore, the numerical non-compliance is considered acceptable.

· The walls of the uppermost level on the eastern side of the building have been setback an additional 3m from the ground floor. However, this additional setback area is utilised as a terrace on the upper level, being setback 4m from the eastern boundary (same as the ground floor). As a result, the balconies on the uppermost level would not achieve the 18m separation (9m from the boundary) at the fifth level as required by the RFDC.

Comment: The eastern boundary provides the residential interface for the development. The 3m additional setback requirement for the uppermost level aims to achieve the 18m building separation from a future residential development on the adjoining site as required by the RFDC and provides for appropriate privacy to the residential units that would front each other in any future. The proposed location of the terraces would not achieve visual and acoustic privacy for future residents. Further, it would set an undesirable precedent in the locality.

Accordingly, a condition of consent is recommended to align the terraces with the building line fronting the eastern boundary. This can be achieved by setting the balustrades back and would provide a minimum 7m setback of the terraces from the boundary (a minimum 14m building separation in the future assuming similar setbacks are approved for a future development on the adjoining site). Though the setback would not strictly comply with the numerical requirements, it would satisfy the objective of the Housing Strategy DCP and the RFDC with regard to privacy.

· The terraces of the uppermost level (fifth storey) on the northern side (rear) are setback 7m – 8m from the boundary which would be the same as the ground level terraces. As a result, the balconies would not achieve the 18m separation from a future residential development on the adjoining site.

Comment: The outcome on the northern side is considered reasonable as the terraces would not extend along the entire length of the façade within the Residential C zone, would provide building articulation and maximise the northern aspect. Should similar setbacks be approved for any future five storey residential developments at the rear, a minimum 14m building separation would be achieved separated by landscaping resulting in a desirable outcome.

Subject to recommended conditions, the proposed development would achieve the desired outcomes regarding setbacks as envisaged in the Housing Strategy DCP.

2.10.3 Landscaping

The landscaped areas adjoining the front and side setbacks comply with the requirements of the Housing Strategy DCP.

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

The area in front of the residential component of the building is proposed to be landscaped with shrubs and trees which would soften the streetscape and would achieve the desired outcome as envisaged in the Housing Strategy DCP. In this regard, the location of the OSD is considered appropriate.

The rear setback area would be landscaped and would be utilised as the communal open space.

2.10.4 Floorplates, Separations and Articulation

The building complies with the required floorplate lengths/widths and 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 across 50% of the width of each façade.

· Vertical solid planes have been provided intercepting the balconies on the front and rear façade up to the fourth floor. The street elevation would incorporate a continuous vertical floor to divide the façade into two pavilions.

· 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 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 in pastel shades.

· The commercial component would blend appropriately with the residential development.

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

2.10.5 Privacy

The matters in relation to acoustic privacy of the units have been discussed in detail under “Residential Flat Design Code” in Section 2.6.5 of this report. The 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 suitably screened by landscaping and privacy screens. The proposal has been assessed as satisfactory in this regard and would not compromise the privacy of future occupants.

2.10.6 Housing Choice

Six 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.

2.10.7 Solar Access

Solar access to units

The applicant has submitted solar access diagrams which demonstrate that 71.4% of the units would receive 3 hours solar access during Winter Solstice. Council’s assessment in this regard is satisfactory.

Solar Access to Communal Area

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

2.10.8 Vehicular Access and Parking

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

Adaptable resident and commercial car spaces with shared zones and one accessible visitor’s 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.

2.10.9 Station Street, Thornleigh Precinct

The strategy for redevelopment of the 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 provide a landscaped setback along the entire frontage. The proposed built-form would achieve the articulation as desired in the Housing Strategy DCP.

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

2.11 Business Lands Development Control Plan

The application has been assessed against the requirements of the Business Lands Development Control Plan (BLDCP). The BLDCP applies to the component of the site located in the Business A Zone. The compliance of the proposal with the various elements of the BLDCP is discussed below.

2.11.1 Setbacks

The BLDCP requires that a building be setback 6 metres from the boundary fronting Thornleigh Street. The proposed commercial unit on the ground floor complies with this requirement. No other setback requirements are stipulated by the BLDCP.

The building within the Business zone would have the same front setback on the upper levels as the component of the development within the Residential C zone. The balconies would be setback 4m from the rear boundary for all upper levels with additional setback for the top floor. The building would be built to the western boundary at the ground level where it would adjoin an existing commercial premise, with the setbacks increasing on the upper levels to provide solar access and ventilation to the residential units.

The setbacks within the Business A zone are considered satisfactory.

2.11.2 Height

The BLDCP permits a maximum building height of three storeys in the Business A zone. The proposed development would have a height of 15.5 metres (5 storeys) within this zone and would not comply with the BLDCP. The applicant has provided the following argument in support of the non-compliance:

· The height of the building within the Business A zone has been increased to align with the development controls of the Housing Strategy DCP.

· The draft HLEP specifies a height limit of 16 metres for the Business zone component of the subject site. The proposal complies with this requirement.

· The variation applies to a small portion of the business zoned land in the area which would otherwise be isolated by the current development.

· The site is within the Thornleigh precinct and the prevailing forms of development in the vicinity of the site will be of comparable form and height in the future.

· The business zoned land has traditionally being used for residential purposes and the development adjoining the western boundary of the subject site has effectively sterilized any viable commercial development on the site.

· Integration of the business zoned land with the adjoining zone has been achieved via the non-compliance with the height control and is considered to be an appropriate planning outcome for the site.

The above argument is considered acceptable and the non-compliance with regard to the height is supported on that basis. The heights proposed would promote an appropriate transition to the adjacent commercial centre.

2.11.3 Residential Development

The BLDCP encourages shop-top housing within a business zone that integrates with the relevant commercial precinct. The proposed development complies with the objectives of the element in this regard.

Private Open Space, Solar Access and Natural Ventilation

The BLDCP does not include any prescriptive measures regarding provision of private open space for shop-top housing. Notwithstanding, balconies and secondary private open space areas have been provided for each unit complying with the Housing Strategy DCP.

The residential units comply with the RFDC with regard to provision of solar access and natural ventilation. Sufficient storage areas have also been provided in conjunction with each unit within the Business zone. These matters have been discussed in detail in the earlier sections of this report and are assessed as satisfactory.

2.11.4 Landscaping

The land within the Business A zone would include a paved area at the front setback with soft landscaping along the front boundary. The rear portion of the site has also been appropriately landscaped, integrating it with the communal open space area within the Residential C zone. The private open space area of the ground floor unit would be screened to separate it from the communal landscaped area.

2.11.5 Vehicular Access and Parking

The basement car park includes 3 commercial car spaces including one disabled space. This complies with the requirements of the BLDCP. The parking spaces would be separated from the residential spaces. Direct access to the common lobby would be provided via a lift.

2.12 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.

Level 1 of the basement would accommodate a communal waste storage area with a separate compaction room. There is additional area in the bin storage room for residents to place unwanted bulky items awaiting removal. A separate commercial bin storage area is proposed adjacent to the basement ramp.

The garbage collection area is located at the ground level adjoining the driveway on the eastern boundary within 10 metres of the waste storage area. A site caretaker is required to transfer the bins between the garbage chute room and recycling cupboard on each level to the bin storage room and then to the bin collection point for servicing in accordance with the weekly schedule of garbage collection. This is recommended as a condition of consent. A total of 10 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.

2.13 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. 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.

2.14 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 Sections 2.10 and 2.11 of this report.

2.15 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.

2.16 Section 94 Contributions Plan

Council’s Section 94 Plan applies to the development as it would result in 19 additional residential units and one commercial unit 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.

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 necessitate the removal of a number of trees from the site including one street tree. The application is supported by a Tree Report that assesses existing trees and provides recommendations for retaining one street tree. Council’s assessment of the application with regard to its impact on trees concludes that the proposal is satisfactory.

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 building would be located within a transitional zone between a commercial centre and a five-storey residential flat building precinct. The built form of the proposal would be consistent with the desired future character of the precinct and would provide an appropriate transition between the two zones.

3.2.2 Traffic Impacts

The application is supported by a Traffic Report which is assessed as satisfactory. The proposed development would not result in significant traffic generation within the locality.

3.2.3 Stormwater Management

The proposed development would discharge the stormwater on to the street via an on-site detention system with a pump out system proposed for the basement. The proposed stormwater management system is assessed as satisfactory.

3.3 Social Impacts

The residential development would improve the housing choice in the locality by providing 21 additional units that range in size from one bedroom to three bedroom units.

3.4 Economic Impacts

The development would result in a positive economic impact on the locality via employment generation due to the presence of the commercial component. The residential component of the development would have a minor positive impact on the local economy in conjunction with other new residential development in the precinct 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”.

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 24/05/2012 and 14/06/2012 in accordance with Council’s Notification and Exhibition Development Control Plan. During this period, Council received one submission from a resident group namely, the Thornleigh Neighbourhood Residents Group. The map below illustrates the location of those nearby landowners who were notified of the development application.

NOTIFICATION PLAN
• PROPERTIES NOTIFIED	X SUBMISSIONS RECEIVED	PROPERTY SUBJECT OF DEVELOPMENT
ONE SUBMISSION FROM THE THORNLEIGH NEIGHBOURHOOD RESIDENTS GROUP.

The submission objects to the development, generally on the following grounds:

· The proposed balconies include clear glass and no screens which may have adverse privacy impacts on adjoining residents and also on the residents living on the opposite side of the road.

· The balconies do not incorporate satisfactory screened clothes drying areas.

· The development incorporates minimal landscaping which does not blend with the residential character of the Thornleigh precinct.

The merits of the matters raised in the submission have been addressed in the body of the report with the exception of the following:

5.1.2 Privacy Screens and translucent glass for balconies

The proposal complies with Council’s Housing Strategy DCP with regard to setbacks. The balconies are sufficiently separated from each other to maintain a reasonable level of privacy in accordance with the Housing Strategy DCP and the RFDC. Further, addition of privacy screens or translucent glass would cause unreasonable impacts on the solar access and ventilation provisions of the future occupants. The balconies fronting Thornleigh Street would be located a significant distance from the houses on the opposite side of the road minimising any privacy impacts.

Most of the residential units include secondary balconies which can accommodate clothes lines. Further, it has also been observed that Strata Management Plans for high density residential flat buildings often do not allow clothes hanging on the balconies located on the front façade of the buildings to avoid adverse visual impact on the streetscape. Most of the units would be provided with dryers to avoid this situation.

5.2 Public Agencies

The proposal is not required to be referred to any Public Agencies.

6. THE PUBLIC INTEREST

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

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

The application is considered to have satisfactorily addressed Council’s 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 mixed use development would be in the public interest.

7. POLICY

As Council is currently in caretaker mode prior to the 8 September 2012 election, this Report has been prepared having regard to the requirements of Council’s Elections – Caretaker Period Policy. The recommended decision is not a “major decision” within the context of Council’s Policy.

CONCLUSION

The application seeks approval for the demolition of existing structures and the construction of a five storey mixed use development comprising a commercial unit on the ground floor and twenty-one residential units with basement car parking. The proposed development would be partly located on a land zoned business and partly within land zoned as a high density residential.

The proposed floor area of the building within the business zone does not comply with the floor space ratio development standard of the Hornsby Shire Local Environmental Plan 1994. The applicant has made a submission pursuant to State Environmental Planning Policy No.1 to support the non-compliance. The submission 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, the design principles within SEPP 65, the provisions within the Hornsby Shire Local Environmental Plan 1994 and the objectives of the development controls within Council’s Housing Strategy Development Control Plan and Business Lands Development Control Plan.

The application is also assessed as satisfactory against the draft Hornsby Local Environmental Plan and the draft Hornsby 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.

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 - Assessments

Planning Division

James Farrington

Group Manager

Planning Division

Attachments:

1.View	Locality Map
2.View	Survey Plan
3.View	Site Plan
4.View	Landscape Plan
5.View	Floor Plans
6.View	Elevations and Sections
7.View	Shadow Diagrams
8.View	Photomontage

File Reference: F2004/07599

Document Number: D01959337

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.*	*Rev No.*	*Drawn by*	*Dated*
Survey Plan	-	SDG Land Development Solutions	30/01/2012
Basement Level 2 – DA100	A	Mackenzie Architects	3/07/2012
Basement Level 1 – DA101	A	Mackenzie Architects	3/07/2012
Ground Floor Plan – DA102	A	Mackenzie Architects	3/07/2012
First Floor Plan – DA103	A	Mackenzie Architects	3/07/2012
Second Floor Plan – DA104	A	Mackenzie Architects	3/07/2012
Third Floor Plan – DA105	A	Mackenzie Architects	3/07/2012
Fourth Floor Plan – DA106	A	Mackenzie Architects	3/07/2012
Site/Roof Plan-DA107	A	Mackenzie Architects	3/07/2012
Elevations – DA200	A	Mackenzie Architects	3/07/2012
Elevations (2) – DA201	A	Mackenzie Architects	3/07/2012
Sections – DA300	A	Mackenzie Architects	3/07/2012
Accessible and adaptable Unit layouts – DA401	A	Mackenzie Architects	3/07/2012
Soil and Water Management Plan – DA402	-	Mackenzie Architects	30/04/2012

*Document No.*	*Rev No.*	*Prepared by*	*Dated*
Shadow Diagrams (9am and 12 noon) – DA500	A	Mackenzie Architects	3/07/2012
Shadow Diagrams (3 pm) – DA501	A	Mackenzie Architects	3/07/2012
Landscape Plan – LDPA 12-331/1		Conzept Landscape Architects	May 2012
Basement Stormwater Management layouts	A	ALW Design	7/05/2012
Site stormwater Management Layouts	A	ALW Design	7/05/2012
Schedule of Finishes	-	Mackenzie Architects	Received by Council on 11/05/2012
Basix Certificate – 426864M	-	Planning Principles	8/05/2012
Access Report	-	Accessibility Solutions Pty Ltd	8/05/2012
Design Verification Statement	-	Mackenzie Architects	10/05/2012
Statement of Environmental Effects	-	Chapman Planning Pty Ltd	7/05/2012
Arboricultural Report for Development Application	-	Ents Tree Consultancy	30/04/2012
Traffic and Planning Assessment Report	-	Varga Traffic Planning Pty Ltd	10/05/2012
Waste Management Plan	-	North Point Construction Group Pty Ltd	7/05/2012
Photo montage	-	Mackenzie Architects	Received by Council on 11/05/2012

2. Removal of Existing Trees

This development consent permits the removal of trees numbered 1,3,4,5,6,7,8,9,10,11,12,13,14,15,16,17,18,19,20,21 and 22 as identified on the Survey Plan prepared by SDG Land Development Solutions dated 30/01/2012 and all the remaining trees within the property that are exempt from Council’s Tree Preservation Order. The removal of any other trees requires separate approval under Council’s Tree Preservation Order.

3. Amendment of Plans

a. The “Fourth Floor Plan – DA106A”, “Elevations – DA200A”, “Elevations (2) – DA201A” and “Sections – DA300A” prepared by Mackenzie Architects dated 3/07/2012 are to be amended as follows:

· The terraces fronting the eastern boundary are to have a setback of 7m – 8m from as marked in red on the approved plan. No part of the terrace is to protrude beyond the building line at this level.

b. The following plans are to be amended to incorporate the layouts of the Floor plans as approved in Condition 1 of this development consent:

*Plan No.*	*Rev No.*	*Prepared by*	*Dated*
Landscape Plan – LDPA 12-331/1		Conzept Landscape Architects	May 2012
Basement Stormwater Management layouts	A	ALW Design	7/05/2012
Site stormwater Management Layouts	A	ALW Design	7/05/2012

c. The approved Ground Floor Plan – DA102 Rev A prepared by Mackenzie Architects dated 3/07/2012 is to be amended as follows:

· The wall enclosing the courtyard of Unit 4 is to have a setback of 2m from the eastern boundary as marked in red in the approved plans.

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 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. 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.

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

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. 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.

13. 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 on-compliance with this requirement without any further notification or warning.

14. Tree Protection Barriers

Tree protection fencing must be erected around T2 as identified on the Survey Plan prepared by SDG Land Development Solutions dated 30/01/2012, 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 the following hours:

Monday to Saturday 7 am to 5 pm

Sunday & Public Holidays No work

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

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.

18. Council Property

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

19. Excavated Material

All excavated material removed from the site must be classified in accordance with the NSW Environment Protection Authority’s Environmental Guidelines – Assessment, Classification and Management of Liquid and Non-Liquid Wastes prior to disposal to an approved waste management facility and reported to the principal certifying authority.

20. 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.

21. 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.

22. 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.

23. 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.

24. 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 3 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.

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 piped drainage system in Thornleigh St generally in accordance with the Stormwater Plans listed in Condition 1 of this development consent (as amended).

b. The inter-allotment stormwater drainage system is to be relocated generally in accordance with the Stormwater Plans listed in Condition 1 of this development consent (as amended) with pits being constructed in situ.

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 14 cubic metres, and a maximum discharge (when full) of 28 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.

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 is to have a minimum width across the road reserve of 5.5 metres and this width is to extend to be 6 metres inside the property boundary. The grade of the driveway at this location must not exceed 5%.

d. The driveway pavement be a minimum of 0.15 metres thick reinforced concrete with F72 steel reinforcing fabric and a 0.15 metre sub-base.

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. Pouring of the concrete footpath to the full frontage of the subject site.

b. The land adjoining the footpath to be fully turfed.

c. The verge and footpath area are to be regarded from the property boundary to the top of kerb at a grade of 4%.

d. 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.

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.

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 and the following requirement:

a. 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.

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 across the frontage of the site along Thornleigh Street 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.

c. Pit No 11244 is to be converted to a kerb inlet pit with a 1.8m long lintel

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 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.

g. Details of pedestrian and vehicular access to the property at No. 10 Edgeworth David Avenue, in accordance with the construction management plan.

35. Consolidation of allotments

All allotments of the development site are to be consolidated into one allotment.

36. Creation of Easements

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

a. The existing interallotment drainage easement as detailed in DP 644307 is to be relocated as detailed on the approved drawings and the existing easement is to be released.

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

c. 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. External Lighting

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

40. Section 94 Infrastructure Contributions

a. The payment to Council of a contribution of $209,818.90 for nineteen additional residential units towards the cost of infrastructure identified in Council’s Development Contributions Plan 2007-2011 in accordance with the following table:

b. The payment to Council of a contribution of $9757.55* for four employees towards the cost of infrastructure identified in Council’s Development Contributions Plan 2007-2011.

Note:*The value of contribution is based on a rate of $2439.35 per employee, derived from a rate of one employee per 30sqm commercial floor area and is current as at 12/07/2012.

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.

41. Accessibility Requirements

All accessible units must include the fit outs as approved under this development consent.

42. 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 and the commercial unit.

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. The driveway and the basement carpark is to be illuminated with low luminance at all times.

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

43. Waste Management Details

The following waste management requirements must be complied with:

a. 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.

b. A report must be prepared by an appropriately qualified person, certifying the following:

i. 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

ii. 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. 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.

d. 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.

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

Note: Ramps between different levels are acceptable

f. The bins placed at the bin collection point for servicing must be screened by landscaping from public view and be removed each time after collection.

44. 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 plan , 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. One Angophora Costata tree be planted on the verge fronting Thornleigh Street in a minimum 75 litre pot size.

b. Four Waterhousia “Sweeper” Weeping Lillypilly be planted in the landscaped area in front of commercial unit. The trees must be installed at minimum 25 litre pot size.

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 Thornleigh 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

45. 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 vehicle facilities 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 must 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.

46. 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.

47. 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.

48. 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.

b. Site security measures be implemented to prevent access to the waste storage rooms by the residents.

c. 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 and commercial tenants are informed of the waste management system.

d. The residential component and non-residential component of the development must have separate and self-contained waste management systems, including separate bin storage rooms. Commercial tenants must be prevented (via signage and other means) from using the residential waste/recycling bins and vice versa.

e. All commercial tenants must keep written evidence on site of a valid contract with a licensed waste contractor(s) for the regular collection and disposal of the waste and recyclables that are generated on site.

49. 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

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

Environmental Planning and Assessment Act 1979 Requirements

· The Environmental Planning and Assessment Act 1979 requires:

· A 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

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 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.

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 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

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

Asbestos Warning

Should asbestos or asbestos products be encountered during 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

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.

Tenancy Fit-Out – Separate DA Required

This consent does not permit the fit-out of individual tenancies. A separate development application is required for the fit-out of individual tenancies prior to the occupation of the building.

Planning Report No. PL18/12

Planning Division

Date of Meeting: 15/08/2012

8 DEVELOPMENT APPLICATION - TOWNHOUSE DEVELOPMENT
156 - 160 SHERBROOK ROAD, ASQUITH

DA No:	DA/414/2012
Description:	Construction of a townhouse development comprising 20 dwellings and strata subdivision
Property:	Lot 2 DP 669154, Lot 1 DP 669153, Lot D DP 402287, Nos. 156-160 Sherbrook Road, Asquith
Applicant:	Playoust Churcher Architects
Owner:	Ms J Mahon and Mr S A Frappell
Estimated Value:	$5.300,000
Ward:	A

EXECUTIVE SUMMARY

· The application proposes demolition of two existing dwellings and construction of a multi-unit townhouse development comprising 20 dwellings and strata subdivision.

· The proposal complies with the Hornsby Shire Local Environmental Plan 1994 and the objectives of the Medium Density Multi-Unit Housing Development Control Plan. The non-compliance with prescriptive measures for site width and private open space are considered acceptable on merit.

· Two submissions have been received concerning the proposal.

· It is recommended that the application be approved.

RECOMMENDATION

THAT Development Application No. 414/2012 for construction of a townhouse development comprising 20 dwellings and strata subdivision at Lot 2 DP 669154, Lot 1 DP 669153, Lot D DP 402287, Nos. 156-160 Sherbrook Road, Asquith be approved subject to the conditions of consent detailed in Schedule 1 of Group Manager’s Planning Report No. PL18/12.

BACKGROUND

The application follows preliminary consideration of the proposed development at a Pre DA Meeting on 7 March 2012 (PL/11/2012).

The site is located within a precinct rezoned for townhouse development as part of Council’s Housing Strategy in 2011.

SITE

The site is on the eastern side of Sherbrook Road and comprises two existing battleaxe lots and a lot with street frontage. The site has an area of 3,984m², a depth of 130m and a width of 36.5m reducing to 21.7m within 50m of the frontage. There are two existing dwelling-houses on the site, one at the frontage and one at the rear.

The site is relatively level with a gradual fall towards the rear of the site. An existing stormwater drainage easement adjoins the northern side boundary. The site includes a number of trees at the rear and at the frontage but is otherwise clear of vegetation.

The site is adjoined by Asquith Girls High School which is accessed off Baldwin Avenue to the north and Stokes Avenue to the south. The main school campus adjoins the rear eastern and the southern side boundaries. Part of the school site extends to Sherbrook Road along the northern side boundary forming a more passive area of the school site. The school site is zoned Special Uses A (Community Purposes) Zone. At the rear of the site, two storey classroom buildings are within 1.5m to 10.5m of the boundary. The school site includes a number of significant trees along the rear boundary and southern boundary of the site.

Dwelling-houses fronting Stokes Avenue adjoin the western part of the southern boundary of the site and fronting Sherbrook Road. A number of significant trees are located along the boundary. The surrounding residential area is currently, dominantly comprise of detached dwelling-houses notwithstanding the Residential B (Medium Density) Zoning; other than land recently redeveloped for townhouses adjacent to the rail corridor.

The Asquith Railway Station and commercial centre are located 165m west of the site.

PROPOSAL

The proposal is for demolition of the existing dwellings and construction of a multi-unit townhouse development comprising 20 dwellings, including two adaptable dwellings, and strata subdivision. The development includes six buildings; four with 4 townhouses, one with 3 townhouses and one two storey detached dwelling at the frontage of the site. The dwellings include single car garages. The two larger adaptable dwellings have double garages. All dwellings have three bedrooms.

The proposed townhouses are oriented north south. The proposed private open space areas are mainly located at the rear of the dwellings. All dwellings have access off the proposed accessway.

A waste collection area is proposed at the frontage. Three visitor car parking spaces are proposed.

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 18 dwellings and would contribute towards housing choice in the locality.

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 Residential B (Medium Density) under the Hornsby Local Environmental Plan 1994 (HSLEP). The objectives of the zone are:

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

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

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

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 that the maximum floor space ratio (FSR) of development within the Residential B zone is 0.6:1. The proposed 0.49:1 FSR complies with this requirement.

Clause 18 of the HSLEP sets out heritage conservation provisions within Hornsby Shire. The site is not identified as a heritage item and is not within a heritage conservation area. A heritage listed dwelling at No. 121 Sherbrook Road is located in the vicinity of the site on the corner of Winston Street 40m from the site. The proposed works would be located at a sufficient distance from the heritage item that the proposal would not result in an adverse impact on the significance of the item.

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.

2.2.1 Zoning

The site would be zoned R3 Medium Density Residential zone pursuant to the Land Use Table of the draft HLEP. The proposed development is defined as a ‘multi dwelling housing’ 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 10.5 metres. The proposed development complies with this provision.

2.3 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.

The proposed development would not detract from the environmental quality of the river subject to the implementation of sediment and erosion control measures and stormwater detention.

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

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.

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

2.6 Medium Density Multi-Unit Housing Development Control Plan

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

Medium Density Multi-Unit Housing Development Control Plan
Control	Proposal	Requirement	Compliance
Site Area	3,984m²	3,620m²	Yes
Site Area Per Dwelling	11 x 83m² @ 150m² 7 x 94m² @ 210m² 1 x 136m² @ 250m² 1 x 162m² @ 250m²	3,620m²	Yes
Floor Space Ratio	0.49:1	0.6:1	Yes
Site Coverage	32%	40%	Yes
Site Width	21.89m to 36.9m	30m	No
Setbacks	Front – 8m N Side – 3m S Side – 4m Rear – 3.3m	Front – 6m Side – 3m Side – 3m Rear – 3m	Yes Yes Yes Yes
Setback Between Dwellings	5.0m-6.8m	5m	Yes
Building Length	Building 1 – 11.9m Building 2 – 28.8m Building 3 – 28.8m Building 4 – 25.8m Building 5 – 30.3m Building 6 – 30.3m	30m	No
Height	5.5m	7m	Yes
Private Open Space	Unit 1 – 79.7m² Unit 2 – 60m² Unit 3 – 50m² Unit 4 – 40m² Unit 5 – 60m² Unit 6 – 60m² Unit 7 – 40m² Unit 8 – 40m² Unit 9 – 57m² Unit 10 – 60m² Unit 11 – 40m² Unit 12 – 80m² Unit 13 – 60m² Unit 14 – 40m² Unit 15 – 40m² Unit 16 – 40m² Unit 17 – 40m² Unit 18 – 40m² Unit 19 – 40m² Unit 20 – 60m²	80m² 60m² 40m² 40m² 60m² 60m² 40m² 40m² 60m² 60m² 40m² 80m² 60m² 40m² 40m² 40m² 40m² 40m² 40m² 60m²	No Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Landscaping	50%	50%	Yes
Car parking	Unit 1 – 2 spaces Units 2-11 – 10 spaces Unit 12 – 2 spaces Units 13-20 – 8 spaces Visitors – 4 spaces	2 spaces 10 space 2 spaces 8 spaces Visitors 4 spaces	Yes Yes Yes Yes Yes

As detailed in the above table, the proposed development does not comply with the prescriptive site width and private open space prescriptiverequirements within Council’s Housing DCP. The matters of non-compliance are detailed below, as well as a brief discussion on compliance with relevant performance requirements.

2.6.1 Density

The proposed townhouse development is in compliance with the density prescriptive measures for site density, floor space ratio and site coverage and meets the density performance criteria of the Housing DCP. The density of the development is consistent with the desired future character of the area as a townhouse precinct.

2.6.2 Setbacks

The proposed development is in compliance with the prescriptive front, side and rear setbacks and the setback between dwellings.

The proposed setbacks meet the performance criteria to provide landscaping and to complement the streetscape.

2.6.3 Design

The site is relatively level and forms a large battleaxe shaped site essentially cleared of vegetation. The proposed townhouse buildings front a central accessway and generally conform to the physical characteristics of the site.

The front section of the site does not comply with the required site width of 30m. The objective of the control is to encourage amalgamation of properties to form development sites. In this instance, amalgamation of properties is proposed and the non-compliance is considered acceptable with regard to the 36.9m width of the rear section of the battleaxe shaped site.

The proposed townhouses are of brick and timber frame construction with face brick and fibre cement sheet cladding and tiled roofs. The proposed dwellings are consistent with the residential character of the area and recent townhouse developments. The proposed materials and finishes are considered satisfactory in this regard.

The site adjoins Asquith Girls High School. The operation of the school in close proximity to the proposed townhouses is considered acceptable for residential amenity given the operating hours of the school.

The proposed townhouse development complies with the Housing DCP design performance criteria.

2.6.4 Height

The proposal complies with the Housing DCP height element objective and is satisfactory in respect to solar access to living areas and private open space.

2.6.5 Privacy

The proposed townhouses are designed for privacy with regard to the interface between opposing dwellings either side of the central accessway by variation in setback between the buildings and the location of windows. The proposed dwellings are designed to avoid overlooking of private open space areas within the development.

The site mainly adjoins land that forms part of the Asquith Girls High School site. The proposed development includes first floor bedroom accommodation and would result in minimal privacy impacts on adjoining residents of Stokes Avenue and Sherbrook Road.

The proposal is considered satisfactory in respect to the Housing DCP privacy element objective.

2.6.6 Solar Access

The site benefits from the long northern axis and solar access. All proposed dwellings have north facing living areas. The proposed dwellings would not overshadow windows of adjoining dwelling- houses. The proposal would result in minor overshadowing of adjoining private open space areas but would not be in non-compliance with the Housing DCP prescriptive measures.

The proposal complies with the Housing DCP solar access element objective.

2.6.7 Open Space

The proposed townhouse open space areas are mainly located at the rear of dwellings. A number of dwellings also include open space areas at the respective frontages and side areas of dwellings.

The proposed open space areas are accessible from the dwelling living areas and have access to winter sunlight. A number of dwellings do not comply with minimum area requirement for open space. The non-compliances are minimal and are considered acceptable with regard to the merits of the design for outdoor living and solar access.

2.6.8 Landscaping

A majority of trees recorded for the site are on adjoining land along the side and rear boundaries.

The submitted landscape plan includes a mix of indigenous and exotic plant species and would re-vegetate the un-built upon areas of the site, enhance the site’s visual quality and the proposed townhouses.

The proposed landscaping complies with the Housing DCP landscaping element objective subject to recommended conditions.

Refer also to comments in Section 3.1.

2.6.9 Drainage Control

The proposed stormwater drainage system involves connection to the existing stormwater drainage easement and drainage system through the Asquith Girls High School site, to a watercourse tributary of Cockle Creek and the Hawkesbury River.

The proposed drainage system includes stormwater detention and is in accordance with the Housing DCP prescriptive measures. Part of the site, Lot 2 DP 669154, does not have the benefit of the easement adjoining the northern boundary of the site, through land owned by the Department of Education. The consent of the owner has been obtained for granting an easement for the development site.

Subject to recommended conditions the proposal complies with the Housing DCP drainage control element objective.

2.6.10 Vehicle Access and Parking

The proposed accessway includes a common turning area and is designed in accordance with the Housing DCP prescriptive measures for driveway width, vehicle passing and residential amenity.

The proposed resident and visitor car parking provision is in compliance with the prescriptive measures. Adequate parking is proposed for residents and visitors to meet projected demand.

2.6.11 Acoustics

The applicant has submitted an Acoustic Report prepared by Atkins Acoustics & Associates Pty Ltd. The report includes the following comment:

The proposed development is located on existing residential zoned land, and will result in a conversion of the existing low density residential to medium density residential. As the subject land is zoned and utilised for residential use, the subject (Asquith GHS) has obligations under Council’s Policy to control noise emissions in accordance with Section 7.2.11.

A review of the noise measurement results confirmed daytime LAeq noise levels of 51dB(A) which encompassed all noise sources, whilst audit measurements confirmed short duration (1-3min) LAeq noise levels of 55-57dB(A) during congregating students after lunch, resulting in estimated Leq,15min level 50-52dB(A). In our opinion the noise levels are consistent with normal school activities and would typically be experienced in other areas where residential properties abut school premises. Any potential noise impacts from these activities are typically ameliorated due to the limited duration, times of use and community benefit.

In terms of the operation of mechanical plant, the review confirmed that Council Policy criteria of background LA90 + 5dB may be exceeded along the northern portion of the development site by 2-9dB. As the development site is already zoned residential, it is our opinion and in accordance with Council’s policy that it is the responsibility of the school to address any potential noise impacts.

Having regard to the above comments, the proposal is considered acceptable in respect to the Housing DCP Acoustics element objective.

2.6.12 Fencing

The existing site’s sheet metal boundary fencing is considered adequate for the proposed development.

2.6.13 Waste Minimisation and Management

A number of the town houses would be located more than 100 metres from the property’s street frontage. A bin storage area is provided near dwellings 9 and 10 so that all dwellings are less than 75 metres from a bin storage area. The adaptable units are less than 50 metres from the bin storage area which is consistent with the recommendations of the Better Practice Guide for Multi Unit Dwellings and the State Environmental Planning Policy (Housing for Seniors or people with a Disability) 2004 requirement for a garbage storage area to be in an accessible location. A site caretaker/manager is required to transfer bins from the inner bin storage area to the main one near the street frontage from where all bins will be emptied.

A waste management plan covering all stages of the development has been provided and is acceptable.

The site will require 10 x 240 L garbage bins serviced weekly and 8 x 240 L recycling bins serviced weekly. Although green waste bins are optional for such developments, space in the bin bay should be provided for 1-2 x 240 L green waste bins should the residents request such a service. The bin bay is large enough to accommodate the required number of bins.

The bin bay has the door facing the street. It is recommended that the door be relocated to face the driveway. This would create a greater sense of the bin bay belonging to the residents and would be less inviting for passers by to place rubbish in the bin bay.

A condition is recommended for an area behind the bin bay to be provided for unwanted bulky items awaiting removal.

Subject to appropriate conditions the proposal meets the Housing DCP element objectives for waste minimisation and management.

2.6.14 Housing Strategy – Precinct Masterplans

The proposed development is within the Baldwin Avenue Asquith Precinct and is generally consistent with the requirements of the relevant Masterplan for one and two storey multi-unit dwellings in a garden setting, buildings separated by courtyards and driveway lined with canopy trees.

2.6.15 Crime Prevention

The submitted Statement of Environmental Effects includes the following comment:

The design of the development minimises opportunity for crime through legible entrances, passive surveillance of communal areas and Sherbrook Avenue and clearly defined public and private interface. The development layout provides limited areas for entrapment.

The submitted statement concerning the proposal is supported in respect to the crime prevention performance criteria of the Housing DCP.

3. ENVIRONMENTAL IMPACTS

3.1 Natural Environment

There are 18 trees on the site including trees along the boundary on adjoining land. The proposed development would necessitate the removal of 6 trees from the site. None of the trees to be removed are identified as ‘significant trees’ under Council’s Tree Management Plan.

Turpentine Ironbark Margin Forest is an endangered ecological community that occurs in the local area. The site includes a number of trees that form part of this community including Angophora costata (Sydney Red Gum), Syncarpia glomulifera (Turpentine), Eucalyptus pilularis (Blackbutt), Eucalyptus paniculata (Grey Ironbark) and Eucalyptus haemastoma (Scribbly Gum). The proposed landscape planting includes species that form part of this community.

3.2 Built Environment

The proposed demolition of the existing dwellings would not detract from the streetscape or the residential character of the area and would contribute to the future medium density character of the area.

Council’s engineering assessment of the proposal concludes that the traffic generated by the proposed development would not detract from the level of service of Sherbrook Road.

3.3 Social Impacts

The proposed development would increase housing opportunities and the range of housing types in the locality.

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 existing residential site is not subject to development constraints and is suitable for the proposed medium density housing 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 17 May and 7 June 2012 in accordance with Council’s Notification and Exhibition Development Control Plan. During this period, Council received two submissions. The map below illustrates the location of those nearby landowners who made a submission that are in close proximity to the development site.

NOTIFICATION PLAN

• PROPERTIES NOTIFIED

X SUBMISSIONS

RECEIVED

PROPERTY SUBJECT OF DEVELOPMENT

Two submissions object to the development, generally on the following grounds:

· Inadequate breaks between buildings;

· Lack of architectural merit;

· Non-compliance with 30m site width;

· Loss of privacy;

· Lack of solar access to private open space;

· Lack of landscaping;

· Traffic generation and waste collection;

· Sherbrook Road safety hazard;

· Location of mail boxes not shown;

· Boundary fencing requires replacing; and

· Sewer requires upgrading.

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 Mail Boxes

A condition is recommended for a mail box facility at the frontage to complement the development and the streetscape.

5.2 Sewer Upgrading

The applicant is required to obtain the requirements of Sydney Water pursuant to a Section 73 Certificate. Any necessary works would be the responsibility of Sydney Water.

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 by providing additional housing opportunities. Accordingly, it is considered that the approval of the proposed multi-unit townhouse development would be in the public interest.

7. POLICY

CONCLUSION

The proposed development is for the demolition of two existing dwelling-houses and construction of a multi-unit townhouse development comprising 20 dwellings, and strata title subdivision.

The proposed development is in accordance with Council’s Housing Strategy and complies with HSLEP and the element objectives of the Housing DCP in respect to density, setbacks, design, height, privacy, solar access, open space, landscaping, drainage control, vehicle access & parking, acoustics, fencing and waste minimisation & management. The non-compliance with prescriptive measures for site width and private open space are considered acceptable on merit.

The proposed development is consistent with the residential character of the locality and would contribute to the desired future character of the medium density housing precinct. It is considered the amenity of residents of the proposed townhouses would not be adversely affected by the operation of the adjoining school. The numerous trees on the adjoining lands would not be affected by the proposal.

Two submissions were received in response to the proposal.

The application is recommended for approval.

Rod Pickles

Manager - Development Assessment

Planning Division

James Farrington

Group Manager

Planning Division

Attachments:

1.View	Locality Map
2.View	Site Plan/Roof Plan
3.View	Floor Plan
4.View	Elevation Plan
5.View	Shadow Plans
6.View	Elevations

File Reference: DA/414/2012

Document Number: D01986198

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
000 B Site Analysis	Playoust Churcher Architects	30/04/12
100 B Site Plan	Playoust Churcher Architects	30/04/12
101 B Roof / Site Plan	Playoust Churcher Architects	30/04/12
200 B Townhouse Plans	Playoust Churcher Architects	30/04/12
300 B Colour Scheme	Playoust Churcher Architects	30/04/12
301 B Elevations	Playoust Churcher Architects	30/04/12
11/1636/DA1 D Landscape Site Plan	Paul Scrivener Landscape Architect	26.04.12
11/1636/DA1 D Planting Plan	Paul Scrivener Landscape Architect	26.04.12
11/1636/DA1 D Tree Protection	Paul Scrivener Landscape Architect	26.04.12

Document No.	Prepared by	Dated
D01918278 – Waste Management Plan	Playoust Churcher Architects	24/4/12
D01918284 – Basix Certificate	Playoust Churcher Architects	27 April 2012
D01918285 – Acoustic Report	Atkins Acoustics	30 April 2012
D01918286 – Tree Assessment Report	Earthscape Horticultural Services	November 2011

2. Removal of Existing Trees

This development consent only permits the removal of trees numbered 1, 3, 10, 12, 13 and 14 as identified on Landscape Plan 11/1636/DA1 D prepared by Paul Scrivener Landscape Architect dated 26.04.12. The removal of any other trees requires separate approval under Council’s Tree Preservation Order.

3. Amendment of Plans

The approved plans are to be amended as follows:

a. The development is to include a letterbox facility at the frontage designed to compliment the development and the streetscape.

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. Notification of Home Building Act, 1989 Requirements

Residential building work within the meaning of the Home Building Act, 1989 must not be carried out unless the principal certifying authority for the development to which the work relates (not being Council) has given Council written notice of the following information:

a. In the case of work for which a principal contractor is required to be appointed:

i. The name and licence number of the principal contractor.

ii. The name of the insurer by which the work is insured under Part 6 of that Act.

b. In the case of work to be done by an owner-builder:

i. The name of the owner-builder.

ii. If the owner-builder is required to hold an owner-builder’s permit under that Act, the number of the owner-builder’s permit.

Note: If arrangements for doing the residential building work are changed while the work is in progress so that the information notified becomes out of date, further work must not be carried out unless the principal certifying authority for the development to which the work relates (not being Council) has given Council written notification of the updated information.

7. 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.

8. Dilapidation Report

A ‘Dilapidation Report’ is to be prepared by a ‘chartered structural engineer’ detailing the structural condition of property No. 154 Sherbrook Road, Asquith.

9. Easements Over Downstream Lands

The proposed drainage easements over the downstream lots must be registered with the NSW Department of Lands prior to the issue of any Construction Certificate.

10. Bin Storage Facility

a. The bin storage facility must be designed in accordance with the Waste Minimisation and Management Development Control Plan with regards to water/hose for cleansing, graded floors with drainage to sewer, robust door(s), sealed/impervious surfaces, adequate lighting and ventilation.

b. The door to the bin storage facility at the front of the site must face the driveway.

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, 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.

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. 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

14. Tree Protection Barriers

Tree protection fencing must be erected around trees numbered 5,7,8,9,11,15,16,17,18 to be retained at a minimum 4 metre setback. The tree fencing must be constructed of 1.8 metre ‘cyclone chainmesh fence’.

Where trees are located on adjoining property the fencing will be placed at the relevant distance from the tree on the development site side of the fence.

15. Erosion and Sediment Control

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

REQUIREMENTS DURING CONSTRUCTION

16. 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.

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. Street Sweeping

Street sweeping must be undertaken following sediment tracking from the site along Sherbrook Road 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).

21. Waste Management

Written records 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. A description of the waste (type of waste and estimated quantity);

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

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

f. 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.

22. Fulfilment of BASIX Commitments

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

23. Sydney Water – s73 Certificate

A s73 Certificate must be obtained from Sydney Water.

24. 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 to the existing inter-allotment drainage system. All new pits are to be a minimum size of 600mm x 600mm and the pits are to be cast in situ.

25. On Site Stormwater Detention

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

a. Have a capacity of not less than 31 cubic metres, and a maximum discharge (when full) of 91.1 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.

26. Internal Driveway/Vehicular Areas

The driveway and parking areas on site must be designed in accordance with Australian Standards 2890.1, 2890.2, 3727 and the following requirements:

a. Design levels at the front boundary be obtained from Council.

b. The driveway be a rigid pavement.

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

d. The pavement have a kerb to one side and a one-way cross fall with a minimum gradient of 2 percent and a lintel and pit provided at the low point.

27. Vehicular Crossing

a. Any redundant crossings to be replaced with integral kerb and gutter.

b. The footway area to be restored by turfing.

c. Adjustment of services within the footpath area as required.

28. 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.

29. Damage to Council Assets

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

30. Consolidation of Allotments

All lots subject to the application are to be consolidated into one allotment prior to the issue of the Occupation Certificate.

31. Creation of Easements

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

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

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

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

32. 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.

33. Waste Management

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

b. Space must be provided for either individual compost containers for each dwelling or a communal compost container; the siting of which will have regard for potential amenity impacts.

c. There must be no steps along the bin carting route(s). Only ramps between different levels are acceptable.

d. An area of at least 8 square metres near the bin collection area is to be allocated for placement of bulky waste items awaiting removal. This area need not be concreted or paved or a room – a grassed area is acceptable. Bulky items must not be placed on the verge as this causes many problems including illegal dumping.

34. Completion of Landscaping

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

35. External Lighting

36. Dwelling Numbering

The allocation of dwelling numbering must be authorised by Council prior to the numbering of each dwelling in the development.

37. Section 94 Infrastructure Contributions

The payment to Council of a contribution of $249,220 for 17 additional dwellings 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 31 July 2012 and includes a credit for the 3 existing allotments. 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.

OPERATIONAL CONDITIONS

38. Waste Management

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

39. 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).

- END OF CONDITIONS -

ADVISORY NOTES

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

Environmental Planning and Assessment Act, 1979 Requirements

· The Environmental Planning and Assessment Act, 1979 requires:

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

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

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

· Mandatory inspections of nominated stages of the construction inspected.

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

Long Service Levy

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

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

Tree Preservation Order

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

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

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

Disability Discrimination Act

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.

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.

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.

Name of Council:
Subject Heading	Select from: Services, Infrastructure, Finance, General
Title:	Maximum allowed: 80 characters
Motion:	Insert Motion Text which should commence with That the Local Government Association…
Note from Council:

Name of Council:	Hornsby Shire Council
Subject Heading	Services
Title:	Use Of Alternative Media For Statutory Advertising
Motion:	That the Local Government Association make representations to the State Government for the Local Government Act, Local Government (General) Regulation and other Acts and Regulations relevant to local government to be amended to allow councils to use media other than newspapers (e.g. internet and online service providers) for statutory advertising and the provision of public information.
Note from Council:	The Local Government Act and Regulation and other Acts and Regulations relevant to local government require councils to advertise certain matters in newspapers. Advances in telecommunications and information technology have provided new methods for society to access and use information. As the readership of newspapers continues to decline over time, councils’ use of new technology for statutory advertisements may lead to greater exposure of the advertisements (at reduced cost). The purpose of this motion is to enable councils to use more cost effective communication mediums, such as the internet, when meeting its advertising obligations under the various Acts and Regulations. It is estimated that in respect of statutory development application advertising alone, Hornsby Shire Council could save in the vicinity of $150,000 per annum by using electronic media instead of newspapers. This could translate to several millions of dollars of savings per annum for councils across the State. Council does not intend that an amendment to the legislation should preclude an individual council from undertaking its statutory advertising in a newspaper if it so chooses.

Date Lodged	Councillor/Designated Person (Position)	Reason for Lodgement
5 July 2012	Community Liaison Officer	Leaving Council
9 July 2012	Development and Environmental Protection Officer - Compliance	New employee

1.View	Report on implementation of Hornsby Shire Community Plan 2010-2020 - July 2012
2.View	Key Highlights and Awards - 2008-2012

1.View	HSC Investment Portfolio as at 30 June 2012
2.View	HSC Borrowings Schedule as at 30 June 2012

1.View	Urban Activation Precinct Nomination - Epping
2.View	Urban Activation Guidelines - Extract Flow Chart

1.View	Letter from Owner Requesting Tree Application Decision be Reviewed - 33 Hannah Street, Beecroft
2.View	Letter of Support from Neighbours - Review of Tree Application Decision - 33 Hannah Street, Beecroft
3.View	Photo - February 2012 - 33 Hannah Street Beecroft
4.View	Photo 1 - June 2012 - 33 Hannah Street, Beecroft
5.View	Photo 2 - June 2012 - 33 Hannah Street, Beecroft
6.View	Photo 3 - June 2012 - 33 Hannah Street Beecroft
7.View	Photo 4 - June 2012 - 33 Hannah Street Beecorft
8.View	Letter Requesting Consideration at Council Meeting - 33 Hannah Street, Beecroft

1.View	Attachment 1- Letter Requesting Reconsideration of Tree Application
2.View	Attachment 2 - Photo 1 - 23 Millstream Grove Dural
3.View	Attachment 3 - Photo 2 - 23 Millstream Grove Dural