Agenda of General Meeting - 21 November 2012

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File Reference: DA/627/2012

Document Number: D01993945

SCHEDULE 1

1. The proposed development is unsatisfactory in respect to Section 79C(1)(a)(i) of the Environmental Planning and Assessment Act 1979 as the proposal does not adequately address the design principles of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 in respect to the following matters:

a) The proposed elevated walkway does not have adequate regard to the privacy of neighbouring residents.

b) The proposed development would increase the flood risk for adjoining properties.

c) The proposed elevated walkway would not provide an appropriate environment for residents to access public transport and local facilities.

d) The proposed accessway and basement carparking area restrict vehicle movement and access.

2. The proposed development is unsatisfactory in respect to Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979 as the proposed development of flood prone land would establish an unacceptable precedent and detract from the built environment.

3. The proposed development is unsatisfactory in respect to Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979 as the proposed development of flood prone land would result in a residential environment unacceptable for Seniors Living.

4. The proposed development is unsatisfactory in respect to Section 79C(1)(c) of the Environmental Planning and Assessment Act 1979 as the subject site is unsuitable for the proposed development due to the frequent flooding of the site.

5. The proposed development is unsatisfactory in respect to Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979 as the proposal to contrary to planning controls to restrict development of flood prone land and would not be in the public interest.

6. The consent of the owners of the land for the proposed accessway for the development (Nos. 17-19 Eyles Avenue, Epping) has not been obtained for a right of carriageway benefiting the area of the site within Lot 3 DP 20713, pursuant to Section 49 of the Environmental Planning and Assessment Regulation 2000.

- END OF REASONS FOR REFUSAL -

Planning Report No. PL32/12

Planning Division

Date of Meeting: 21/11/2012

10 DEVELOPMENT APPLICATION - FIVE STOREY RESIDENTIAL FLAT BUILDING COMPRISING 29 UNITS - 70 & 72 KEELER STREET, CARLINGFORD

EXECUTIVE SUMMARY

DA No:	DA/677/2012 (Lodged 5 July 2012)
Description:	Construction of a five storey residential flat building comprising 29 units, basement car parking and strata title subdivision
Property:	Lot 22 DP 32722, Lot 21 DP 32722, Nos. 70 & 72 Keeler Street, Carlingford
Applicant:	D + C Consortium
Owner:	Mr S B Horwood, Mr T I Kang and Ms J K Suh
Estimated Value:	$7,750,000
Ward:	C

· The application proposes the demolition of existing structures and the construction of a five storey residential flat building comprising 29 units, basement car parking and strata subdivision.

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

· One submission has been received in respect of the application.

· It is recommended that the application be approved.

RECOMMENDATION

BACKGROUND

The site is within the ‘Carlingford Road, Carlingford Precinct’, rezoned for five storey residential flat development as part of Council’s Housing Strategy on 2 September 2011.

The site adjoins the site of a similar proposal for a five storey residential flat building at Nos. 66-68 Keeler Street (DA/676/2012).

THE SITE

The site has an area of 1,886.4m² and is a regular shaped site with a frontage of 34.7m to the northern side of Keeler Street. The site includes two existing dwelling houses, an inground pool, carport, detached garage and several trees. The site has a north-easterly aspect and an average fall of 6% to the north-eastern corner of the site.

The site forms part of the ‘Carlingford Road, Carlingford’ precinct rezoned for medium-high density housing in accordance with Council’s Housing Strategy in September 2011. The precinct is bounded by Carlingford Road, Pennant Hills Road, Keeler Street and Hepburn Avenue. A number of sites within the precinct have been approved for residential flat development or are under assessment by Council.

The existing surrounding developments within the precinct mainly include dwelling houses on suburban lots. There is a mix of low density and medium density housing on the opposite side of Keeler Street within the Parramatta City Council area. Keeler Street forms the boundary between the Hornsby and Parramatta local government areas in this location at Carlingford.

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

The site is within walking distance (120m) of the Carlingford commercial centre on Pennant Hills Road and is located 800m north-east of Carlingford Railway Station.

PROPOSAL

The proposal is for the demolition of two existing dwelling houses and construction of a five storey building containing 29 units. The proposed units include 5 x 1 bedroom, 21 x 2 bedroom and 3 x 3 bedroom units. The proposed building includes three levels of basement car parking with 42 car parking spaces. The proposed ground floor is split level at the rear of the building.

The proposed development includes strata subdivision.

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

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

2. STATUTORY CONTROLS

2.1 Hornsby Shire Local Environmental Plan 1994

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

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

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

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

The proposed development is defined as ‘multi-unit housing’ under the HSLEP and is permissible in the zone with Council’s consent. The land is identified within the area detailed on Diagram 8 under Schedule BB of the HSLEP. Clause 15A of the HSLEP prescribes that the maximum building height within the area detailed under Schedule BB is not to exceed 17.5 metres. The proposed building complies with this requirement.

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

2.2 Draft Comprehensive Hornsby Local Environmental Plan

The draft Comprehensive Local Environmental Plan (HLEP) was exhibited from 5 June 2012 to 7 August 2012. The draft HLEP essentially reiterates the current land use zoning and height control applicable to the site as outlined below:

2.2.1 Zoning

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

2.2.2 Height of Building

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

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

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

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

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

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

2.4.1 Principle 1 - Context

Design Principle 1 is as follows:

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

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

The applicant submits the Housing Strategy Development Control Plan sets the vision for the redevelopment of the ‘Carlingford Road, Carlingford precinct’ and that the proposed development is designed in accordance with the intended future character of the precinct.

The subject site is located within a precinct zoned for five storey residential flat buildings in close proximity to Pennant Hills Road and the Carlingford Court Shopping Centre. The desired future character of the area, as outlined in Council’s Housing Strategy Development Control Plan, is that of a high density residential precinct incorporating five storey developments in a landscape setting. It is considered that the proposed building would contribute to the identity and future character of the precinct.

2.4.2 Principle 2 - Scale

Design Principle 2 is as follows:

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

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

The applicant submits that the proposed development is designed in accordance with the setback, building height and articulation requirements for the precinct to achieve an appropriate bulk and scale. The scale of the development is consistent with the desired future character for the precinct of five storey residential flat buildings. Accordingly, the applicant’s submission is supported in respect of this Principle.

2.4.3 Principle 3 – Built Form

Design Principle 3 is as follows:

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

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

The applicant submits that the proposed built form achieves quality indoor and external spaces, designed to provide sufficient private open space, day light and ventilation. The proposed building includes elements such as vertical blade walls, glazing and metal awnings which with articulation through setbacks and projections creates an interesting building appearance.

The applicant’s statement is supported in respect to this Principle.

2.4.4 Principle 4 – Density

Design Principle 4 is as follows:

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

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

The applicant submits the principle is achieved in meeting the density requirements of the Housing Strategy Development Control Plan. The applicant’s submission is supported in respect of this Principle.

2.4.5 Principle 5 – Resource, Energy and Water Efficiency

Design Principle 5 is as follows:

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

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

The applicant has submitted BASIX Certificate No. 436235M for the proposed 29 units. In achieving the required BASIX targets for sustainable water use, thermal comfort and energy efficiency, the proposed development achieves the design criteria.

2.4.6 Principle 6 – Landscape

Design Principle 6 is as follows:

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

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

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

The applicant submits that the proposed landscaping includes a range of low maintenance ground covers, shrubs, and medium and large trees, well located. The proposal includes landscaping along the street frontage, side and rear boundaries. The proposed landscaping would provide an appropriate landscape setting to the development and would contribute to the streetscape and the character of the locality. Accordingly, the applicant’s submission is supported in respect of this Principle.

2.4.7 Principle 7 – Amenity

Design Principle 7 is as follows:

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

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

The applicant submits that all units receive sufficient daylight and cross ventilation with spaces sufficiently large for better use of the occupants. The development includes adaptable units and units able to be modified when needed.

The proposed building is designed with regard to the spatial arrangement of adjoining approved and proposed buildings to provide appropriate amenity for future concepts of the proposed units. The units are of acceptable design for residential amenity. Accordingly, the applicant’s submission is supported in respect of this Principle.

2.4.8 Principle 8 – Safety and Security

Design Principle 8 is as follows:

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

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

The applicant submits that the development is designed for effective safety and security and notes visible entries, height of ground floor balustrades and fencing and lighting of common areas.

The NSW Police commented on the proposed development and recommend conditions for lighting, territorial re-enforcement, environmental maintenance and access control.

The applicant’s submitted statement is supported in respect of this Principle subject to appropriate conditions of consent.

2.4.9 Principle 9 – Social Dimensions and Housing Affordability

Design Principle 9 is as follows:

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

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

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

The applicant submits that the proposal includes a mix of dwellings in accordance with the Housing Strategy Development Control Plan.

The proposed building includes a range of unit sizes and layouts for each floor and would provide for a range of households. Accordingly, the applicant’s submission is supported in respect of this Principle.

2.4.10 Principle 10 – Aesthetics

Design Principle 10 is as follows:

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

The applicant has made the following statement:

The proposal is designed to meet the aims of ‘The Housing Strategy DCP’ and to achieve quality designed built form, a building in a garden rather than a garden around the building. Quality landscaped area all around the building shall promote the visual quality and the streetscape.

The building is vertically and horizontally articulated. It is designed to have sufficient setbacks and projections, introduction of vertical and horizontal elements such as blade walls, balconies with soft and hard balustrade. Variety of materials, colours and textures are used to promote the visual quality. Rendered and painted masonry walls, glazed balconies, stone walls powder-coated metal awnings and shading devices used to promote aesthetic value.

The proposed building achieves the required articulated five storey built form in accordance with Council’s Housing Strategy DCP and would contribute to the desired future streetscape character. The applicant’s submitted statement is supported in respect to this Principle.

2.5 SEPP 65 - Residential Flat Design Code

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

Residential Flat Design Code
Control	Proposal	Requirement	Compliance
Deep Soil Zone	37%	25%	Yes
Communal Open Space	30%	25-30%	Yes
Gnd Level Private Open Space	25m² + Min dimension 2.5m	25m² Min Dimension 4m²	Yes No
Minimum Dwelling Size	1 br – 70m² 2 br – 76m² 3 br – 116m²	1 br – 50m² 2 br – 70m² 3 br – 95m²	Yes Yes Yes
Maximum Kitchen Distance	8m	8m	Yes
Minimum Balcony Depth	2m	2m	Yes
Dual Aspect & Cross Ventilation	62%	60%	Yes
Adaptable Housing	30%	10%	Yes

As detailed in the above table, the proposed development complies with the prescriptive measures within the Residential Flat Design Code other than the minimum dimension for ground level open space. Below is a brief discussion regarding the relevant development controls and best practice guidelines.

2.5.1 Apartment Layout

The proposed unit layouts are generally satisfactory in achieving functional, well proportioned spaces with access to natural light and open space. The unit layouts would provide for housing choice and a range of household types.

2.5.2 Ground Floor Apartments

The proposed ground floor apartments are in accordance with the requirements of the Code for larger open space areas, dual aspect design and configured to provide housing choice.

The proposal includes two lower ground floor units at the northern elevation with the stepping of the building (Unit G04 and Unit G05). The two units have a higher ceiling height of 4m. The residential standard is 2.7m. The applicant has acknowledged the higher ceiling height could provide useable space and a design feature. A condition is recommended for the higher ceiling space to be a feature in the interior design for the lower ground floor units to provide for storage space and additional light and ventilation to living areas.

The units would provide for accessible/adaptable housing subject to provision of a stair lift for access to the central lift.

The proposed ground floor includes Unit G02 and Unit G03 at the western elevation with access to private open space at ground level via stairs. The ground level areas would be substantially overlooked by the terrace area of the adjacent unit. The ground level open space areas would not contribute significantly to useable private open space and would obstruct access to landscaping along the western side of the building and potentially increase crime risk by creating disconnected space with the communal area. A condition is recommended for the stairs and ground level private open areas to be deleted and the area incorporated into landscaping and communal open space.

Proposed Unit G02 includes windows over the vehicle access ramp. The windows are more than 2.7m above the level of the ramp and would not be visually impacted by vehicles on the ramp. In this regard a condition is recommended for the Unit G02 terrace to be enclosed by a solid wall at the southern elevation. Refer also to Section 2.5.4.

The proposed ground floor Unit G06 at the eastern elevation includes a balcony which is opposite the ground floor terraces of units of a proposed adjoining building (DA/676/2012). A building separation of 8.75m is proposed. To ensure adequate privacy, a condition for a moveable louvered privacy screen is recommended for the balcony. A condition is recommended for deletion of the stairs off the balcony which are not required.

Proposed Unit G06 includes a terrace off bedroom 1 providing a combined 25m² open space for the unit. The proposed terrace would have minimal use and aligns with an open access to the fire stairs. Conditions are recommended for the terrace and open access area to be deleted and replaced with landscaping and for the bedroom sliding door to be replaced with a window with screening for privacy.

At the eastern elevation, the proposed northern fire stair exit and the exit to communal open space open onto an unsecured internal enclave that adjoins the balcony of Unit G06. To ensure appropriate amenity and security a condition is recommended for a single exit to align with the external wall of the building.

The proposed ground floor terraces and balconies feature open balustrades. The terraces and balconies would interface with the pedestrian walkway around the building and at the frontage. A condition is recommended for the ground floor terraces and balconies to include solid opaque balustrades to prevent a line of sight into the units.

The ground floor terrace of Unit G05 would overlook the opposing Unit G04 of the adjoining proposed residential flat development (DA/676/2012). It is considered the proposed landscaping for screen planting along the boundary would provide for privacy.

Subject to recommended conditions, the proposed ground floor units are considered acceptable in respect to the Code’s best practice for ground floor units, notwithstanding the resulting non-compliance with the Code’s best practice for 25m² of open space with a minimum dimension of 4m for ground floor apartments (Units G02, G03 and G06). The non-compliance is considered acceptable in providing housing choice for ground floor apartments with good amenity.

2.5.3 Internal Circulation

The proposed building includes three to seven units with lift access on the respective levels in accordance with the Code’s best practice guidelines for up to eight units per lift. The location of unit entries and articulation of internal passage ways would ensure appropriate amenity.

The proposed refuse chute is next to the entries to Unit G06, Unit 107 and Unit 207. To ensure appropriate amenity, a condition is recommended for the unit entries to be repositioned not less than 2m from the refuse chute.

The front entry includes an entry foyer. The entry to the building is clearly defined at the frontage. There is however, a fall of 0.9m from the front entry to the street footpath and a condition is recommended for the front access to include a ramp for people with a disability.

The ground floor includes access to communal open space areas from the frontage and at the northern elevation. The proposed ground floor includes stairs on the access between the lift and the northern entry. A condition is recommended for the access to comply with AS1428.1 – Design for Access and Mobility.

Subject to recommended conditions, the proposal is considered acceptable in respect to the Code’s requirements for internal circulation.

2.5.4 Acoustic Privacy

The units within the proposed building are configured for separation and acoustic privacy between units in accordance with the Code’s best practice guidelines. A condition is recommended for the windows of Unit G02 over the driveway to incorporate acoustic treatments necessary to address noise from the use of the driveway.

2.5.5 Storage

The proposed building includes 29 resident storage areas for all units within the building. The storage areas are located within Basement Levels 2 and 3.

A condition is recommended for the storage areas to be allocated in accordance with the size requirements of the Code for the respective units and proximity to unit car parking spaces.

In summary, the proposed residential flat building has been designed in accordance with the design principles of SEPP 65 and generally complies in respect to the Residential Flat Design Code subject to the imposition of appropriate conditions of consent. It is considered the proposal would achieve good residential amenity and contribute to the desired future residential character of the Carlingford Road Precinct.

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

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

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

2.8 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005

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

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

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

2.9 Housing Strategy Development Control Plan

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

Housing Strategy Development Control Plan
Control	Proposal	Requirement	Compliance
Site Width	34.7m	30m	Yes
Height	5 storeys – 17.5m	5 storeys – 17.5m	Yes
Lowest Residential Floor Above Ground	0.9m	Max - 1.50m	Yes
Maximum Floorplate Dimension	36.5m	35m	No
Building Indentation	4m	4m	Yes
Front Setback	10m 8m < 1/3^rd frontage Balc. 7m < 1/3^rd	10m 8m < 1/3^rd frontage Balc. 7m < 1/3^rd	Yes Yes Yes
W Side Setback	6m 4m < 1/3^rd frontage	6m 4m < 1/3^rd frontage	Yes Yes
E Side Setback	6m 4m < 1/3^rd frontage	6m 4m < 1/3^rd frontage	Yes Yes
Rear Setback	10m 8m < 1/3^rd boundary 7m balc encr	10m 8m < 1/3^rd boundary 7m balc encr	Yes Yes Yes
Top Storey Setback From Ground Floor	3m	3m	Yes
Underground Parking Setback	Front - 7m W Side - 4m E Side – 4m Rear – 7m	7m 4m 4m 7m	Yes Yes Yes Yes
Basement Ramp Setback	3.75m	2m	Yes
Car Parking	36 resident spaces 7 visitor spaces	32 resident spaces 6 visitor spaces	Yes Yes
Landscaping	Front & Rear – 7m W Side – 4m E Side – 4m	7m 4m 4m	Yes Yes Yes
Private Open Space Min Width 2.5m	1 br units - > 10m² 2 br units - > 12m² 3 br units - > 19m²	10m² 12m² 16m²	Yes Yes Yes
Communal Open Space	30%	25%	Yes
Sunlight Access	75%	70%	Yes
Housing Choice	1 br units – 17% 2 br units - 73% 3 br units – 10%	10% 10% 10%	Yes Yes Yes
Adaptable Units	30%	30%	Yes

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

2.9.1 Desired Future Character

Subject to recommended conditions discussed in Section 2.5, the proposed development meets the prescriptive measures for setbacks and landscaping and generally achieves the desired future character for well articulated five storey residential flat buildings in a landscaped setting.

2.9.2 Design Quality – SEPP 65

The proposed development is generally satisfactory in meeting the design principles of SEPP 65 (refer to discussion in Sections 2.4 and 2.5).

2.9.3 Site Requirements

The proposed development occupies a consolidated site and complies with the minimum 30m site width requirement.

The proposal would not result in an isolated site or compromise development in accordance with the Housing Strategy DCP.

2.9.4 Height

The proposed building includes a split ground floor level and complies with the 17.5m maximum height limit and is acceptable. The proposed height of the basement above ground level is exceeded to a minor extent at the change in floor level for the split level design, which is considered acceptable.

2.9.5 Setbacks

The proposal achieves the desired outcome for articulated built form and provision of landscaping.

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

2.9.6 Landscaping

There are no existing trees on the site having landscape significance.

The submitted landscape plan includes locally indigenous canopy trees, native shrubs and ground covers together with exotic species. The plan complies with the Housing Strategy DCP prescriptive measures. Conditions are recommended for planting of additional locally native trees and for planting of Callistemon viminalis (Weeping Bottlebrush) in the nature strip.

The submitted landscaping plan is considered satisfactory in establishing communal open space areas, screen planting, residential amenity and in landscape treatment of the building in the streetscape.

2.9.7 Floorplates and Separations

The proposed building floorplate has a maximum dimension of 36.5m. The proposed building however, complies with the required setbacks. The non-compliance involves an area of 3.7m² which is relatively minor and is considered acceptable with regard to the area available for landscaping.

The proposed building includes 4m x 4m indentation at the eastern elevation of the building. At the western elevation the proposed building is progressively setback 4.0m and 6m. The proposed driveway increases the side setback to 6.75m for the ground floor. The proposed building does not include the necessary indentations or individual roofs required to form two separate building pavilions in accordance with the prescriptive measure. The non-compliance is considered acceptable with regard to the proposed articulation which breaks the massing of the building.

2.9.8 Articulation

The proposed building complies with the Housing Strategy DCP required elements for articulation including; wrap-around balconies, facades divided into vertical panels separated by indentations and projecting balconies, sheer vertical elements limited to 50% of façade, wide eaves and flat pitched roof without parapets, high proportion of windows at the top storey, panels of curtain wall windows, steel framed balconies, sunscreens and feature panels of light cladding and painted masonry.

The proposed building is essentially the same design as the adjoining proposed building under DA/676/2012. The applicant has submitted a photomontage of the two proposed buildings in the streetscape which demonstrates the different treatment of the two facades in the streetscape.

The proposed building articulation complies with the articulation prescriptive measures.

2.9.9 Open Space

The proposed units comply with the required minimum area for open space accessible off living areas. The proposal includes a communal open space area in accordance with the minimum requirement.

The proposal includes provision for active living with bicycle storage at Basement Level 1.

2.9.10 Privacy

The proposal is considered acceptable in providing for reasonable privacy for residents of the proposed and future adjoining developments. A condition is recommended for solid opaque ground floor balcony balustrades to prevent line of sight into the proposed units from the communal open space areas.

The proposal includes an 8m separation between the eastern elevation of proposed building and the adjoining proposed residential flat building at Nos. 66-68 Keeler Street. Conditions are recommended for privacy screening of the subject proposed ground floor units at the eastern elevation. The units on the floors above are configured with regard to the proposed units opposite to ensure opposing balconies have a separation of more than 12m which is considered acceptable in terms of privacy.

The proposed southern elevation includes balconies with views over Keeler Street and the villa housing development opposite the site. The proposal would not detract from amenity of the private open space areas of the villa development.

2.9.11 Sunlight and Ventilation

The applicant has submitted a sunlight access analysis demonstrating compliance with the Housing Strategy DCP prescriptive requirement for 70% of dwellings to receive 2 hours of sunlight between 9am and 3pm 22 June.

2.9.12 Housing Choice

The proposed development includes a range of housing types and provision for people with disabilities and for aging in place in accordance Housing Strategy DCP prescriptive measures.

A condition is recommended for three units to be accessible for people with a disability and for nine dwellings to be adaptable for disabled access.

2.9.13 Vehicle Access and Parking

The proposed development complies with the required car parking provision and bicycle provision for residents and visitors subject to recommended conditions.

The proposed storage areas comply with the requirements of the Residential Flat Design Code and are acceptable subject to a recommended condition.

To provide for site security a condition is recommended for the driveway ramp to be designed to prevent pedestrian access from the driveway to the western side of the building.

2.10 Waste Minimisation & Management Development Control Plan (WMMDCP)

The applicant has submitted a Waste Management Plan which is satisfactory in meeting criteria for recycling and reuse of materials in the proposed demolition of the two existing dwelling houses. The plan includes appropriate project management measures for waste minimisation in the construction of the building.

A dual function chute is proposed for recycling and garbage rather than provide a recycling bin on each level plus the garbage chute. The dual function proposal is acceptable subject to conditions for operation and management.

For 29 dwellings, the site would require 7 x 240L garbage bins serviced twice weekly plus 7 x 240 L recycling bins serviced weekly. The basement bin room is sufficient size to house the required number of bins. The proposed bin collection area at the frontage is of sufficient area for the number of bins required for the proposed dwellings.

The electrical meter room is accessed via the basement bin room. For safety reasons, meter readers (and any other unauthorised persons including residents) must not have access to the volume handling machinery (garbage compactor, carousel/linear). In this regard a condition is recommended a cage enclosure for the waste handling machinery.

The proposed development would require a waste collection vehicle to reverse onto the site and park on the driveway to service the bins then move forward out of the property. This is considered acceptable for the traffic conditions of Keeler Street. An easement is recommended covering all drive way/access way areas to be used by waste collection vehicles.

The proposal includes a collection area for bulky waste items awaiting removal. Council however, does not provide kerbside clean-up service to unit buildings over three storey. Accordingly, a condition is recommended for the facility to be deleted and the area incorporated into landscaping.

Subject to recommended conditions, the proposed development is satisfactory in respect to the WMMDCP.

2.11 Access and Mobility Development Control Plan

The proposed development includes nine adaptable housing units (Nos. G01, 101, 102, 105, 106, 201, 202, 205 and 206). The applicant has submitted an Access Report which demonstrates that the units are capable of being adapted for people with a disability in accordance with AS4299-1995 Adaptable housing. A condition is recommended for three of the units to be wheelchair accessible units in accordance with AS1428.1 – Design for Access and Mobility.

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

The proposed building includes a split level ground floor and change in level between the front entry and the street. A condition is recommended for the proposed direct street access, the access to the community garden area and the letter box to be compliant with the design and technical specifications of AS1428.1-2009 Clause 10 Walkways, ramps and landings.

Subject to recommended conditions, the proposed development complies with the Access and Mobility Development Control Plan.

2.12 Car Parking Development Control Plan

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

2.13 Sustainable Water Development Control Plan

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

2.14 Section 94 Development Contributions Plan 2007-2012

Council’s Section 94 Plan applies to the development as it would result in an additional 29 residential units on the site. Accordingly, the requirement for a monetary Section 94 Contribution is recommended as a condition of development consent.

3. ENVIRONMENTAL IMPACTS

3.1 Natural Environment

The site does not include any locally indigenous trees of significance.

The submitted landscaping plan is satisfactory in contributing to the establishment of locally indigenous canopy trees.

3.2 Built Environment

3.2.1 Carlingford Road Precinct

The proposed five storey building is consistent with the desired built form for five storey residential flat building within the Carlingford Road Precinct which is undergoing transition in built form.

3.2.2 Keeler Street – Southern Side

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

3.2.3 Traffic Generation and Car Parking

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

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

The modelling also established that the existing performance of the intersection of Carlingford Road with Hepburn Avenue is unsatisfactory during the morning peak period. This is mainly due to peak hour traffic congestion in Carlingford Road which limits the number of vehicles that can turn right out Hepburn Avenue. Signalising this junction would facilitate and improve access for the Precinct. However, it is considered that this would encourage ‘rat runs’ from Marsden Road via Rickard Street and possibly into Pennant Parade and North Rocks Road, Murray Farm Road and Kirkham Street. Signalisation of the intersection of Carlingford Road with Hepburn Avenue is not supported at this stage due to envisaged adverse impact on the amenity of the area. Eastbound traffic that turns right out of Hepburn Avenue has an option of using other roads to exit the area via the traffic signals at the intersection of Carlingford Road with Midson Road. Notwithstanding, review and monitoring of traffic conditions will be required to determine if any traffic management strategies are required in the area after the precinct has been redeveloped. In this regard, Council on 18 July 2012 considered DA/236/2012 for a five storey residential flat building at Nos. 48-52 Keeler Street Carlingford and made the following resolution:

Council undertake further traffic and dwelling yield modelling of the Carlingford Housing Strategy Precinct to confirm the road and other improvements required to facilitate future development within the Precinct and specifically taking into consideration issues including yield of developments being proposed within the Precinct, impact of the North West Rail Link and identified traffic improvements at Epping.

In accordance with Council’s resolution, modelling of the traffic generation associated with the development of the precinct is currently being progressed by Council.

The applicant has submitted a Traffic and Parking Assessment Report which confirms the findings of Council’s traffic models that the development would not change the level of service of the nearby intersections. The proposed development would generate 12.9 vehicle trips in peak hour traffic which is considered acceptable regarding the capacity of the road network. In light of the existing magnitude of traffic on Pennant Hills Road, the proposed traffic generation is considered statistically insignificant and will not have unacceptable traffic implications in terms of road network capacity.

The proposed building includes three levels of basement car parking with 36 resident spaces and 7 visitor spaces. The proposed car parking exceeds the required 32 resident spaces and 6 visitor spaces in accordance with the Housing Strategy Development Control Plan and the Car Parking Development Control Plan.

3.2.4 Stormwater Drainage

The proposed stormwater drainage system includes the construction of an in-ground stormwater drainage detention system and stormwater drainage connection to the proposed relocated Council stormwater drainage line on the site of the proposed adjoining residential flat building (DA/676/2012).

Appropriate conditions are recommended for the stormwater drainage system to be constructed in accordance with Council’s Civil Works – Design and Construction Specification 2005 and for the creation of a new easement over the relocated drainage line.

3.3 Social Impacts

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

3.4 Economic Impacts

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

4. SITE SUITABILITY

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

The site is not subject to constraints to residential development subject to the provision of stormwater drainage.

5. PUBLIC PARTICIPATION

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

5.1 Community Consultation

The proposed development was placed on public exhibition and was notified to adjoining and nearby landowners between 18 July and 8 August 2012 in accordance with Council’s Notification and Exhibition Development Control Plan. During this period, Council received one submission. The map below illustrates the properties notified of the proposed development and the subject site.

NOTIFICATION PLAN
• PROPERTIES NOTIFIED	X SUBMISSIONS RECEIVED	PROPERTY SUBJECT OF DEVELOPMENT
ONE SUBMISSION RECEIVED OUTSIDE MAP RANGE

One submission has been received objecting to the development, generally on the following grounds:

· Increased traffic generation; and

· The proposal does not encompass sustainable development initiatives.

The merits of the matters raised in community submission have been addressed in the body of the report.

5.2 Public Agencies - NSW Police

NSW Police commented on the proposed residential flat building in respect to Crime Prevention Through Environmental Design principles and raised no objection to the proposal subject to recommended conditions.

6. THE PUBLIC INTEREST

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

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

CONCLUSION

The proposal is for the demolition of two existing dwelling houses and construction of a five storey residential flat building comprising 29 units and strata title subdivision.

The proposed development has been assessed with regard to a proposed residential flat building on the adjoining site at Nos. 66 - 68 Keeler Street.

The proposed development is generally satisfactory in respect to the design principles under SEPP 65 and the best practice guidelines of the SEPP 65 – Residential Flat Design Code, subject to recommended conditions.

The proposed development has regard to the requirements of the Housing Strategy DCP and is considered acceptable in respect to the desired future character of the Carlingford Road, Carlingford Precinct. The proposal complies with the site requirements, height, setbacks, landscaping, articulation, open space, privacy, sunlight and ventilation, housing choice and vehicle access and parking criteria subject to recommended conditions. The proposed non-compliance with the maximum floorplate dimension of 35m is considered acceptable on merit.

The proposed development complies with the requirements of the Waste Minimisation and Management DCP subject to recommended conditions. In this regard the proposed waste collection at the frontage of the site is considered acceptable with regard to the low traffic flow on Keeler Street.

One submission was received in response to the public notification of the proposed development.

The application is recommended for approval.

Rod Pickles

Manager - Development Assessment

Planning Division

James Farrington

Group Manager

Planning Division

1.View	Locality Plan
2.View	Site Plan
3.View	Floor Plans
4.View	Basement Plans
5.View	Roof Plan
6.View	Elevations
7.View	Section
8.View	Landscape Plan
9.View	Photomontage

File Reference: DA/676/2012

Document Number: D02024000

SCHEDULE 1

GENERAL CONDITIONS

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

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

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

1. Approved Plans and Supporting Documentation

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

*Plan No.*	*Drawn by*	*Dated*
DA-01 Issue 3 Site Plan	D+C Consortium Pty Ltd	12.06.2012
DA-02 Issue 3 Ground Floor Plan	D+C Consortium Pty Ltd	12.06.2012
DA-03 Issue 3 Ist and 2^nd Floor Plans	D+C Consortium Pty Ltd	12.06.2012
DA-04 Issue 3 3^rd Floor Plan	D+C Consortium Pty Ltd	12.06.2012
DA-05 Issue 3 4^th Floor Plan	D+C Consortium Pty Ltd	12.06.2012
DA-06 Issue 3 Basement Plan Level 1	D+C Consortium Pty Ltd	12.06.2012
DA-07 Issue 3 Basement Plan Level 2	D+C Consortium Pty Ltd	12.06.2012
DA-08 Issue 3 Basement Plan 3	D+C Consortium Pty Ltd	12.06.2012
DA-09 Issue 3 Elevations	D+C Consortium Pty Ltd	12.06.2012
DA-10 Issue 3 Elevations	D+C Consortium Pty Ltd	12.06.2012
DA-11 Issue 3 Section	D+C Consortium Pty Ltd	12.06.2012
DA-15 Issue 1 Roof Plan	D+C Consortium Pty Ltd	18.10.2012
0476.L.01 Issue B Landscape Plan	Greenland Design Pty Ltd	September 2012
0476.L.02 Issue B Landscape Details	Greenland Design Pty Ltd	September 2012
024032012 Site and ESCP	ING Consulting Engineers Pty Ltd	June 2012
024032012 Stormwater – Ground Floor Plan	ING Consulting Engineers Pty Ltd	June 2012
024i032012 Stormwater – Basement Plan	ING Consulting Engineers Pty Ltd	June 2012

*Document No.*	*Prepared by*	*Dated*
D01964396 Schedule of External Finishes	D+C Consortium Pty Ltd	25.03.2012
D01964403 Arboricultural Assessment	Earthscape Horticultural Services	June 2012
D01964402 Access Review	Morris-Goding Accessibility Consulting	25 June 2012
D01964400 BASIX Certificate No. 436235M	Energia Design Concepts	3 July 2012
D01964392 Building Code of Australia Compliance Report No.12/180	Greenfield Certifiers Pty Ltd	29 June 2012

2. Removal of Existing Trees

This development consent only permits the removal of tree(s) numbered T3, T4, T4a, T5, T7, T8, T9, T12 and T14 as identified D01964403 Arboricultural Assessment prepared by Earthscape Horticultural Services dated June 2012. 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 approved Ground Floor Plan DA-02 Issue 3 prepared by D + C Consortium is to be amended for Unit G04 and Unit G05 to be designed to maximize the available 4m high ceiling space with provision for additional storage and for natural light and ventilation to living areas.

b) The approved Site Plan DA-01 Issue 3 and Ground Floor Plan DA-02 Issue 3 prepared by D + C Consortium is to be amended for Unit G02 and Unit G03 ground level open space areas, stairs and fencing to be deleted and the areas replaced with communal landscaping.

c) The approved Ground Floor Plan DA-02 Issue 3 prepared by D + C Consortium is to be amended for the Unit G02 terrace southern elevation to be enclosed with masonry wall.

d) The approved Site Plan DA-01 Issue 3 and Ground Floor Plan DA-02 Issue 3 prepared by D + C Consortium is to be amended for the Unit G06 terrace off bedroom 1 to be deleted and the area replaced with landscaping and necessary stairs for the exit door.

e) The approved Ground Floor Plan DA-02 Issue 3 prepared by D + C Consortium is to be amended for the Unit G06 bedroom 1 sliding door to be deleted and replaced with a window screened by a fin wall from the exit door stairs.

f) The Unit G06 balcony is to include a movable louvered privacy screen and the balcony stairs detailed on the approved Elevation Plan DA-10 Issue 3 prepared by D + C Consortium is to be deleted.

g) The approved Ground Floor Plan DA-02 Issue 3 prepared by D + C Consortium is to be amended for the northern exit at the eastern elevation of the building to align with the external wall.

h) The approved Ground Floor Plan DA-02 Issue 3 and the 1^st and 2^nd Floor Plans DA-03 Issue 3 prepared by D + C Consortium are to be amended for the entries of Unit G06, Unit 107 and Unit 207 to be located not less than 2m from the refuse chute.

i) The approved Elevations Plans DA-09 Issue 3 and DA-10 Issue 3 prepared by D + C Consortium are to be amended for the balcony and terrace balustrades of Unit G01, Unit G02, Unit G03, Unit G04, Unit G05 and Unit G06 to be solid opaque balustrades for resident privacy.

j) The approved Site Plan DA-01 Issue 3 and Ground Flood Plan DA-02 Issue 3 prepared by D + c Consortium are to be amended for the bulk items store at the frontage to be deleted and the area replaced with landscaping.

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

a) The details of the adaptable units (G01, 101, 102, 105, 106, 201, 202, 205 and 206) must be provided with the Construction Certificate Plans.

b) Three of the adaptable units must be in compliance with AS1428.1 – Design for Access and Mobility.

8. Dilapidation Report

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

9. Acoustic Report

An acoustic report prepared by a suitably qualified acoustic consultant is to identify noise mitigation measures necessary for the living rooms and bedrooms of Unit G02 to address noise form the use of the driveway. The necessary measures are to be implemented prior to the issue of the Construction Certificate.

10. Drainage Easements

To reduce nuisance flooding from runoff generated by the proposal, the subject site must drain via gravity directly to a Council-controlled drainage system. The proposal shall drain to the Council concrete pipe drainage system within Nos. 66 and 68 Keeler Street, Carlingford and an easement to drain water created over the interallotment drainage system. The Transfers Granting Easement over Nos. 66 and 68 Keeler Street, Carlingford shall be registered at the Office of Land and Property Information and a copy of the registered documents and plans submitted with the Construction Certificate.

11. 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 to a Council standard junction pit on the existing Council piped drainage system at 66 Keeler Street, Carlingford.

b) An inter-allotment stormwater drainage system to service the proposed lot with pits being constructed in-situ.

c) The roof and paved area stormwater drainage system from the proposal to be connected to the proposed interallotment drainage system.

12. 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 22 cubic metres, and a maximum discharge (when full) of 41 litres per second.

b) Have a 900 mm x 900 mm square 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 existing interallotment drainage system.

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

13. Internal Driveway/Vehicular Areas

The driveway and parking areas on site must be designed, constructed and a Construction Certificate issued in accordance with Australian Standards 2890.1, 2890.2, 3727, Councils Civil Works Specification and the following requirements:

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

b) The driveway be a rigid pavement.

c) The driveway grade must not exceed 5 percent for the first 6m from the property boundary and shall have a minimum width of 5.5m.

14. Footpath

Prior to the issue of a Construction Certificate for these works a separate application under the Local Government Act, 1993 and the Roads Act, 1993 must be submitted to Council for the construction of footpaths within the road reserve. A concrete footpath must be constructed along the full frontage of the subject site in accordance Council’s Civil Works Design and Construction Specification, 2005 and the following requirements:

a) The existing footpath being removed and reconstructed.

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

15. Vehicular Crossing

A separate application under the Local Government Act, 1993 and the Roads Act, 1993 must be submitted to Council for the installation of a new vehicular crossing and the removal of the redundant crossing. The vehicular crossing must be constructed in accordance with Council’s Civil Works Design, 2005 and the following requirements:

a) The footway area to be restored by turfing.

b) Provision for all relevant utility authorities’ necessary conduits, installed and protected under the crossing.

c) Adjustment of all regulatory signage and all services and street furniture made necessary by the proposed works.

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.

16. Road Works

A separate application under the Local Government Act, 1993 and the Roads Act, 1993 must be submitted to Council for all works within the road reserve. All road works approved under this consent must be constructed in accordance with Council’s Civil Works Design and Construction Specification, 2005 and the following requirements:

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

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

c) Pursuant to Section 138 of the Roads Act 1993, these works shall be designed by a Chartered Civil Engineer with four copies of the plans submitted to Hornsby Council’s Planning Division for consideration and approval, prior to the release of the Construction Certificate. Once approved the work shall be inspected by Hornsby Council and accepted by Council in writing prior to the release of the Occupation Certificate. The Applicant shall pay all Council’s fees associated with provision of this assessment and compliance work.

17. Traffic Control Plan

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

a) Arrangements for public notification of the works.

b) Temporary construction signage.

c) Permanent post-construction signage.

d) Construction vehicle movement plans.

e) Traffic management plans.

f) Pedestrian and cyclist access/safety.

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

18. 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.

19. 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.

20. Toilet Facilities

Toilet facilities must be available or provided at the works site before works begin and must be maintained until the works are completed at a ratio of one toilet for every 20 persons employed at the site. Each toilet must:

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

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

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

21. Erosion and Sediment Control

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

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

REQUIREMENTS DURING CONSTRUCTION

22. 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.

23. 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.

24. Waste Management

Prior to commencement of works, a revised and detailed Waste Management Plan Section One – Demolition Stage, Section Two – Design Stage, and Section Three – Construction as applicable, covering the scope of this project is required to be submitted to Council in accordance with the Waste Minimisation and Management Development Control Plan.

25. 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.

26. Street Sweeping

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

27. Spoil Route

To protect Council’s assets, all vehicular access to and from the site during all stages of the development is to be via the shortest route to the nearest State or Regional Road.

28. Council Property

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

29. 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.

30. Excavated Material

All excavated material removed from the site must be classified in accordance with the Department of Environment, Climate Change and Water NSW Waste Classification Guidelines prior to disposal to an approved waste management facility and reported to the principal certifying authority.

31. Survey Report – Finished Floor Level

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

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

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

32. 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.

33. 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.

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.

34. Fulfilment of BASIX Commitments

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

35. Sydney Water – s73 Certificate

A s73 Certificate must be obtained from Sydney Water.

36. Car Parking Allocation & Resident Storage

The basement resident storage areas are to be allocated in accordance with the size requirements of the SEPP 65 - Residential Flat Design Code for the respective units and proximity to the unit car parking space.

37. 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.

38. Creation of Easements

The following matters must be nominated on the plan of subdivision or using s88E or s88B (as applicable) of the Conveyancing Act 1919:

a) Consolidation of the subject lots.

b) The creation of an appropriate "Positive Covenant" and "Restriction as to User" over the constructed on-site detention 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.

39. 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.

40. Additional Landscaping

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

b) Planting to the front landscape setback areas along Keeler Street must include four additional Tristaniopsis laurina (Watergum). Trees shall be installed at minimum 45 litre pot size.

c) Screen planting to the on-grade landscape setback areas adjacent to the boundary must include four additional Acmenia Smithi (Lilly Pilly) in planter beds. Trees shall be installed at minimum 25 litre pot size.

d) Screen planting to the on-grade landscape setback areas adjacent to the boundary must include four additional Elaeocarpus reticulatus (Blueberry Ash) and four additional Acmenia smithii (Lilly Pilly) in planter beds. The trees shall be installed at minimum 25 litre pot size.

e) Planting to the rear landscape setback areas must include two additional Angophora costata (Sydney Red Gum). Trees shall be installed at minimum 45 litre pot size.

41. Completion of Landscaping

A certificate must be provided by a practicing landscape architect, horticulturalist or person with similar qualifications and experience certifying that all required landscaping works have been satisfactorily completed in accordance with the approved landscape plans.

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

42. Retaining Walls

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

43. Boundary Fencing

Fencing must be erected along all property boundaries behind the front building alignment to a height of 1.8 metres.

Note: Alternative fencing may be erected subject to the written consent of the adjoining property owner(s).

44. 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.

45. Unit Numbering

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

46. Section 94 Infrastructure Contributions

The payment to Council of a contribution of $316,865.00 for 27 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 October 2012. The contribution will be adjusted from this date in accordance with the underlying consumer price index for subsequent financial quarters. The contribution includes a credit for the two existing allotments.

It is recommended that you contact Council to confirm the value of the contribution prior to payment.

47. Safety and Security

a) Fire exist doors to the development must be fitted with single cylinder locksets (Australia and New Zealand Standard – Lock Sets) to restrict unauthorized access to the development.

b) Ground floor windows must be fitted with window locks that can be locked with a key.

c) A graffiti management plan must be incorporated into the maintenance plan for the development for graffiti to be removed within a forty-eight hour period.

d) The basement car park entry must be secured by security gates/roller shutters and controlled by secure access located at the top of the driveway.

e) The driveway ramp must be designed to prevent persons accessing the western side setback of the building from the driveway.

48. Waste Management

a) The basement bin storage room must include water connection for cleaning, graded floors with drainage to sewer, a robust door, sealed and impervious surfaces, adequate lighting and ventilation.

b) 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.

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

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

d) The bin carting route(s) must be devoid of steps.

Note: Ramps between different levels are acceptable

e) Residents and any persons accessing the meter room must be prevented from having access to the waste volume handling equipment in the basement bin room.

f) There must be no compaction equipment on the recycling side of the chute system.

g) The bins placed at the bin collection point for servicing must be screened by landscaping from public view.

h) A report(s) must be prepared by the principal contractor and submitted to the principal certifying authority certifying that:

i) A comparison of the estimated quantities of each waste type against the actual quantities of each waste type has been made;

ii) Any deviations from the Waste Management Plan (including, but not limited to, types of waste, quantities of waste, destinations of waste, reuse and recycling achieved) have been explained;

iii) All waste was taken to site(s) that were lawfully permitted to accept that waste;

iv) Either

(i) The Waste Management Plan Section One – Demolition Stage and Section Three – Construction Stage were implemented and at least 60 % waste generated was reused or recycled; or

(ii) If the 60% diversion from landfill was not achieved in the Demolition Stage and/or Construction Stage, the Report is to include the reasons why this occurred and certify that appropriate work practices were employed in the demolition and construction stages to implement the Waste Management Plan.

v) The Report(s) is based on documentary evidence (i.e. tipping dockets/receipts from recycling depots, transfer stations and landfills, audits of procedures, Licence and/or development consent of site(s) receiving waste, etc) which have been attached to the Report.

vi) The author(s) of the report declared that the report is true in every particular and is not misleading.

49. 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.

OPERATIONAL CONDITIONS

50. Landscape Establishment

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

51. Visitor Access

Visitors are to have access to the parking area at all times. Visitors are to be able to access the basement car park by an audio/visual intercom system located at the top of the ramped driveway.

52. 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).

53. Disabled Parking

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

54. 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.

55. Waste Management

a) A site caretaker must be employed and be responsible for moving bins to and from the bin storage room(s) and the waste collection point, washing bins and maintaining waste storage areas, ensuring the chute system and related devices are maintained in effective and efficient working order, managing the communal composting area, arranging the prompt removal of dumped rubbish, and ensuring all residents are informed and trained in the use of the waste management system.

b) Bins must be removed from the bin collection point each time after collection.

- END OF CONDITIONS -

ADVISORY NOTES

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

Environmental Planning and Assessment Act, 1979 Requirements

· The Environmental Planning and Assessment Act, 1979 requires:

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

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

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

· Mandatory inspections of nominated stages of the construction inspected.

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

Long Service Levy

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

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

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

Tree Preservation Order

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

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

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

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

Disability Discrimination Act

The applicant’s attention is drawn to the existence of the Disability Discrimination Act. A construction certificate is required to be obtained for the proposed building/s, which will provide consideration under the Building Code of Australia, however, the development may not comply with the requirements of the Disability Discrimination Act. This is the sole responsibility of the applicant.

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 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:

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

House Numbering

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

Planning Report No. PL30/12

Planning Division

Date of Meeting: 21/11/2012

11 DEVELOPMENT APPLICATION - FIVE STOREY RESIDENTIAL FLAT BUILDING COMPRISING 30 UNITS - 245 - 247 CARLINGFORD ROAD, CARLINGFORD

EXECUTIVE SUMMARY

DA No:	DA/569/2012 (Lodged 12 June 2012)
Description:	Demolition of existing structures and construction of a five storey residential flat building comprising 30 units, basement car parking and strata title subdivision
Property:	Lot 16 DP 32722 & Lot 17 DP 32722, Nos. 245-247 Carlingford Road, Carlingford
Applicant:	Giles Tribe Architects Pty Ltd
Owner:	Yong Feng Co Pty Ltd and Bright Mars Pty Limited
Estimated Value:	$8,717,587
Ward:	C

· The application proposes the demolition of existing structures and the construction of a five storey residential flat building comprising 30 units, basement car parking and strata subdivision.

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

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

· It is recommended that the application be approved.

RECOMMENDATION

BACKGROUND

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

THE SITE

The subject site comprises two allotments, Nos. 245 and 247 Carlingford Road located on the southern side of the road with a total area of 1874.7m². The site has an average slope of 6% towards the east.

The regular shaped site has a frontage of 34.75m to the southern side of Carlingford Road and has a depth of approximately 54m. The site includes two existing single storey dwelling houses with attached garages. A number of exotic, native planted trees and locally indigenous trees are located within the front and rear setbacks of both allotments.

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

The surrounding development within the rezoned precinct includes single and two storey residential dwellings to the east and southeast of the site.

Commercial businesses and restaurants within the Carlingford commercial centre on Pennant Hills Road exist to the west and southwest of the site. A shopping centre, Carlingford Court is located on the opposite side of Carlingford Road.

THE PROPOSAL

The proposal is for the demolition of two existing dwelling houses, construction of a five storey residential flat building comprising 30 dwellings and basement car parking and includes strata title subdivision. The details of the development are provided below:

Residential

The proposed dwellings include 30 residential units on 5 levels. The unit configuration comprises 3 x 1 bedroom units, 13 x 2 bedroom units and 14 x 3 bedroom units. The units include balconies fronting the street, rear and side setbacks.

Car parking and access

The development would be accessed from Carlingford Road via a driveway located on the eastern boundary of the site. A separate pedestrian entry is located on the western boundary of the site which would provide access to the lift lobby via an entrance courtyard. A total of 45 residential spaces and 6 visitor’s parking spaces are proposed in two basement levels including 10 accessible parking spaces.

Landscaping

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

ASSESSMENT

1. STRATEGIC CONTEXT

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

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

· Employment capacity to increase by 9,000 jobs; and

· Housing stock to increase by 11,000 dwellings.

The proposed development would be consistent with the draft Strategy by providing an additional 28 dwellings and would contribute towards housing choice in the locality.

2. STATUTORY CONTROLS

2.1 Hornsby Shire Local Environmental Plan 1994

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

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

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

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

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

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

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

Clause 18 of the HSLEP sets out heritage conservation provisions forHornsby Shire. The subject site does not include a heritage item and is not located in a Heritage Conservation Area and is not subject to consideration for heritage conservation.

2.2 Draft Comprehensive Hornsby Local Environmental Plan

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

2.2.1 Zoning

2.2.2 Height of Building

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

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

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

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

2.4.1 Principle 1 - Context

Design Principle 1 is as follows:

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

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

A statement in response to the SEPP 65 was submitted with this application that indicates the proposal responds to the desired future character of the precinct as envisaged by Council. Once the development of the precinct is completed, the proposal would integrate with the surrounding sites and would be in keeping with the desired urban morphology.

The submission addresses the guiding principles including neighbourhood and precinct areas, open space, views, topography and streetscape and is considered an acceptable response to the desired identity and future character of the area.

2.4.2 Principle 2 - Scale

Design Principle 2 is as follows:

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

The proposed building is in accordance with the required building height and setbacks for the precinct and provides an architectural composition which encloses itself within the setbacks, achieving the required pavilion built form to minimize bulk and scale. The proposal is considered acceptable in terms of scale.

2.4.3 Principle 3 – Built Form

Design Principle 3 is as follows:

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

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

The proposed five storey building provides a number of landscaped areas including a grassed communal open space with a number of large trees enclosed by a 1.2m high palisade front fence to the frontage and a “stoneset” pedestrian path which complements the transition of the public domain to the building’s threshold. The building features neutral colour tones on face brickwork highlighted with wide eaves, well articulated facades and glass windows and balustrades which provide visual interest to the streetscape.

The proposed development presents a distinct architectural design which would set an appropriate precedent for the locality and is considered acceptable in terms of built form.

2.4.4 Principle 4 – Density

Design Principle 4 is as follows:

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

The HSLEP does not incorporate floor space ratio requirements for the site. The density of the development is governed by the height of the building and the required setbacks. The proposed density is considered to be sustainable as it responds to the regional context, availability of infrastructure, public transport, community facilities and environmental quality and is considered acceptable in terms of density.

2.4.5 Principle 5 – Resource, energy and water efficiency

Design Principle 5 is as follows:

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

The applicant has submitted BASIX Certificate No. 429201M for the proposed 30 dwellings. In achieving the required BASIX targets for sustainable water use, thermal comfort and energy efficiency, the proposed development achieves the design criteria and is considered acceptable in this regard.

2.4.6 Principle 6 – Landscape

Design Principle 6 is as follows:

The application includes a landscape concept plan providing landscaping along the street frontage and side and rear boundaries. Four large trees are proposed along the frontage which would soften the appearance of the development. Deep soil zones are provided around the building envelope which would enhance the development’s natural environmental performance. The proposed planting would provide an appropriate landscaped setting for the development. In this regard, the proposal is considered acceptable in terms of landscaping.

2.4.7 Principle 7 – Amenity

Design Principle 7 is as follows:

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

The proposal would provide amenity through the integrated physical, spatial and environmental quality of the development. The application has been assesses against the ‘Building Amenity’ criteria within the RDFC and is discussed in Section 2.9 of this report.

2.4.8 Principle 8 – Safety and security

Design Principle 8 is as follows:

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

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

Surveillance: From the design stage, the proposed development has incorporated opportunities for natural surveillance by providing common outdoor areas that are easily monitored by residents. Sightlines along the boundaries are unhindered and enable casual observation of common circulation routes around the site from private spaces. The light of common outdoor areas will inhibit opportunities for unmonitored activities.

Access Control: Building entry would be controlled with an intercom and an access card system. Residents are permitted access to their unit level and basements. Restricted parking within the basement levels provides a secure channel for residents to travel to their units within the complex. Site entry is provided from Carlingford Road. The entry pavilion directs pedestrians to the landscaped western boundary of the site towards the central access point of the building

Territorial Reinforcement: The provision of BBQ facilities at the rear lawn area of the development provides an attractive venue for residents to gather and derive community ownership over the common area provisions. The private spaces adjacent to the common outdoor areas are screened by planting and landscape elements to provide adequate privacy and clearly delineate public and private territories

The proposed building entrance is centrally located on the western façade approximately 30m from Carlingford Road. Whilst the entrance is located within a 6m x 4m building indentation and is not visible area from the street, passive surveillance of the building entrance would occur from the ground floor balconies (units 103 & 104) which overlook the entrance. The development proposal is supported in respect to safety and security.

2.4.9 Principle 9 – Social dimensions and housing affordability

Design Principle 9 is as follows:

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

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

The site adjoins the Carlingford commercial centre and is opposite Carlingford Court shopping centre which allows direct access to retail, educational, health and recreational facilities. The proposed development includes a mix of dwelling types and sizes which complies with the requirement within the RFDC to improve the housing choice in the locality. In this regard, the development is considered acceptable in terms of social dimensions.

2.4.10 Principle 10 – Aesthetics

Design Principle 10 is as follows:

The applicant submitted a statement which includes the following comment:

Materials and colours are selected to be compatible with the existing development surrounding the site. Colours are predominately light to mid tones, with grey roofs and grey windows, shutters, louvers, pergolas, balustrades and other trims. Light coloured soffits and tiling is envisaged. Lower portions of the facades are darker tones to provide a visual base for the building.

The architectural treatment of the building is general 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 2.9 of this report.

2.5 SEPP 65 - Residential Flat Design Code

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

Residential Flat Design Code
Control	Proposal	Requirement	Compliance
Deep Soil Zone	30%	25%	Yes
Communal Open Space	42%	25-30%	Yes
Minimum Dwelling Size	1 br – 59m² 2 br – 82m² 3 br – 116m²	1 br – 50m² 2 br – 70m² 3 br – 95m²	Yes Yes Yes
Maximum Kitchen Distance	6.65m	8m	Yes
Minimum Balcony Depth	2.5m	2.0m	Yes
Dual Aspect & Cross Ventilation	87%	60%	Yes
Adaptable Housing	30%	10%	Yes

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

2.5.1 Apartment Layout

The layout of the proposed apartments includes a combination of single aspect units and dual aspect corner units. All units meet the Code’s requirements for internal privacy, access to sunlight, natural ventilation, acoustic and visual privacy. The main living spaces are oriented towards balconies. The kitchens are centrally located and at least 8m from a window. The habitable rooms have adequate sunlight access and natural ventilation, with a number of bedrooms incorporating Juliette balconies. The ceiling height would be a minimum of 2.7m.

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

The apartment layouts comply with the requirements of the RFDC.

2.5.2 Internal Circulation

The proposed building includes access to all floors via a lift. A majority of the apartments are dual aspect apartments. The ground floor lobbies and corridor connect to communal open space areas which would encourage interaction and recognition between residents to contribute to a sense of community.

2.5.3 Acoustic Privacy

The proposed apartment layout provides separation between different noise generating areas. Kitchens are centrally located in most apartments and separate from bedrooms, bathrooms adjoin ensuites and storage areas act as buffer zones between units, achieving design for acoustic privacy.

The applicant submitted an Acoustic Impact Assessment which includes recommendations and design advice for the external wall system, roof system, glazing and residential entry doors to achieve the required compliance with recommended design sound levels for internal spaces.

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

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

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

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

2.8 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005

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

2.9 Housing Strategy Development Control Plan

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

Housing Strategy Development Control Plan
Control	Proposal	Requirement	Compliance
Site Width	34.75m	30m	Yes
Height	5 storeys – 17.5m	5 storeys – 17.5m	Yes
Lowest Residential Floor Above Ground	Northwest + 0.7m Northeast – 0.8m Southwest – 0.5m Southeast + 1.95m	Max + 1.5m Max + 1.5m Max + 1.5m Max + 1.5m	Yes Yes Yes No
Maximum Floorplate Dimension	37.8m	35m	No
Building Indentation	West – 6 x 4m (+ awning) East – 4m x 4m	4m x 4m 4m x 4m	Yes Yes
Front Setback	10.4m 8m (for 6.3m building length)	10m 8m < 1/3 of building (max 8.3m length)	Yes Yes
Western Side Setback	6.5m 4m (for 10.6m length)	6m 4m < 1/3 of building length (max 11.6m length)	Yes Yes
Eastern Side Setback	6m 4m (for 12.4m length)	6m 4m < 1/3 of building length (max 11.6m length)	Yes Yes
Rear Setback	10.5m 8.2m (for 6.3m length)	10m 8m < 1/3 of building length (max 8.3m length)	Yes Yes
Top Storey Setback From Ground Floor	North <3m South <3m West 1.4m (Apt 503) 1.4m (Apt 504)	3m 3m 3m	Yes Yes No
Underground Parking Setback	7m front/rear 4m sides	7m front/rear 4m side	Yes Yes
Balcony setback	7m front/rear 4m sides	7m front/rear 4m sides	Yes Yes
Basement Ramp Setback (6m wide)	2m	2m	Yes
Parking	45 resident spaces 6 visitor spaces 6 resident bicycle spaces + 3 visitor bicycle spaces	46 resident spaces 6 visitor spaces 6 bicycle spaces	No Yes Yes
Landscaped areas	Front & Rear – 7m wide Sides – 4.1m wide	7m wide 4m wide	Yes Yes
Deep Soil Landscaping	Front/rear - 7m Rear - 7m Eastern side - 4m Western side - 2 m	7m front 7m rear 4m side 4m side	Yes Yes Yes No
Private Open Space with Min Width 2.5m	1 br units 12.6m²(Apt 105) 2 br units 12.1m²(Apt 104, 204, 304, 404, 504) 3 br units 18.5m²(Apt 102)	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	42%	25%	Yes
Solar Access	73%	70%	Yes
Housing Choice	1 br unit - 10% 2 br unit - 43% 3 br unit - 47%	10% of each type (min) 10% of each type (min) 10% of each type (min)	Yes Yes Yes
Adaptable Units	30% (9 units)	30%	Yes

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

2.9.1 Desired Future Character

The proposal does not comply with the principle which states that “roofs will be flat pitched without parapets to minimise the height of exterior walls, incorporating eaves which cast shadows across the top storey walls” as the predominately flat roof incorporates elements of low pitched roofs to the facades of the building. Notwithstanding, the proposal complies with the height requirement controls, is limited in bulk with a 1m high ridge and does not contain any parapets. The proposal is located within a transition of land-uses, with the adjoining western commercial development at No. 827 Pennant Hills Road incorporating a roof structure with parapets. Additionally, the proposed development meets all other key principles of the Housing Strategy DCP for five storey residential flat buildings such as development in garden settings with basement parking, and buildings in the form of pavilions. The varying architectural treatment of the roof would not detrimentally affect the overall desired future character of the area and is considered acceptable.

2.9.2 Design Quality – SEPP 65

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

2.9.3 Site Requirements

The proposal has been considered with regard to the consolidated development pattern likely to occur with the Carlingford Road Housing Strategy Precinct. The proposal would not result in an isolated site.

2.9.4 Height

Whilst the proposal complies with the 17.5m maximum building height for five storey development, the height of the basement on the south eastern portion of the building is 1.95m above natural ground level which does not comply with the maximum 1m requirement. The topography of the site includes a moderate fall to the south east which constrains development, with the floor level of the lowest residential storey on the north western portion of the building being 0.7m above the natural ground level. The variation on the southeast only involves approximately 15% of the building footprint, is located at the rear of the development which is not visible from the street. In this regard, the non-compliance is considered acceptable.

2.9.5 Setbacks

The proposal achieves the desired outcome for articulated built form and provision of landscaping notwithstanding the non-compliance with the maximum encroachment of the top storey setbacks and pedestrian access setbacks.

The overall bulk of the top storey is reduced compared to the ground floor residential floor with minor encroachments to the western facade. On the western façade a 1.6m stepping of the top floor level for a distance of 4m is provided between the exterior wall of the ground floor and exterior wall of the level 5 (Apartment 503 and Apartment 504). This minor encroachment is considered to be negligible from the west as the property adjoins land that has been rezoned for mixed use development that requires a 16m – 22m rear setback for business podiums. Additionally, the minor encroachments are considered minimal when viewed from Carlingford Road.

The proposal otherwise complies with the prescriptive measures for front, rear, side, basement car park and basement ramp setbacks. The overall intent of the Setbacks element including the articulation of the building and reduced bulk on the top storey floor and incorporation of landscaping, open space and separation between buildings has been achieved. The non-compliances are considered acceptable in this regard.

2.9.6 Landscaping

The landscaped area adjoining the front setback complies with the requirements of the Housing Strategy DCP and has been designed to accommodate mature canopy trees.

The Housing Strategy DCP requires a 7m wide landscaped area at the rear and 4m wide area at the side of the property and requires a landscaped area to be “designed to accommodate canopy trees that will reach mature heights of at least 10m and 12m at the front and rear setback and trees that will reach a mature height of at least 6-7m in the side setbacks”.

A 1.1m wide pedestrian access path is located 1.4m from the western property boundary. This leads to the building’s main entrance and communal open space, including a BBQ area on the rear, south western corner of the site. Whilst the majority of the proposed landscaping along the western boundary would reach a mature height of 3m – 4m, there are a number of trees including Magnolia’s and Jelly Palm’s that would reach a mature height of 8m. The proposed path and the BBQ area are to be of a permeable material and are designed to “fit in” with the proposed landscaping and are therefore considered to be positive components to the landscape design.

The landscape area along the rear setback includes vegetation that would reach a mature height of 3m – 6m, with one tree proposed at the south east corner which would reach a mature height of 18m. This landscape plan is considered insufficient in regards to the provision of canopy trees along the rear setback and a condition is recommended that the rear landscape setback areas must include two additional Angophora Costata (Sydney Red Gum) which would grow to a mature height of 25m.

With conditions, the submitted landscaping plan is supported in complementing the proposed development, in providing a vegetative layer of trees, shrubs and ground covers and in providing for communal open space.

2.9.7 Floorplates and Separations

The proposed building has appropriate articulation in achieving the required pavilion built form, landscaping and common open space areas. The proposal complies with the design requirements of SEPP 65. It is considered that the proposed non-compliance with the maximum 35m floorplate dimension by 2.8m would not detract from the desired pattern of development in the streetscape.

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

2.9.8 Articulation

The bulk and scale of the proposed building is moderated by articulation including vertically stepping three times at the second, fourth and fifth levels across 50% of the width of the north and south facades and twice, at the second and fifth levels across 50% of the width of the east façade. The western façade has only been vertically stepped once at the fifth level and contains a sheer vertical rise of four storeys which does not comply with the requirement of the Housing Strategy DCP.

Notwithstanding, the Housing Strategy DCP allows no step for side elevations that would face an existing residential flat buildings. As the site is within a redevelopment precinct, it is reasonable to take into account the adjoining future mixed use zone which would include building podiums with residential flat buildings. Moreover, this western side façade is not visible from the street. In this regard, the non-compliance is considered acceptable.

Articulation of the building facades has also been achieved by the following:

· All facades have been divided into vertical panels, no wider than 8m. Such panels have been visually separated by indentations and projections across the alignment of the exterior walls, balconies and vergolas.

· Wrap around balconies have been provided at the building corners. The balustrades would incorporate a combination of face brick and glass materials.

· Facades are expressed as two distinct levels.

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

2.9.9 Open Space

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

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

2.9.10 Privacy

The proposed residential flat building does not comply with the prescriptive measures of the privacy element in regards to adjacent properties along the western and eastern sides. The proposed 6m setback for levels 1-4 and 9.5m setback for the fifth storey from the western neighbouring building at No. 821-825 Pennant Hills Road does not comply with the Housing Strategy DCP and RFDC which requires a 12m separation for up to four storeys and 18m separation required for a fifth storey. As this site is within a redevelopment precinct, it is reasonable to take into account the privacy conflicts that will occur if a complying scheme were approved on the neighbouring properties. Taking into account the Key Principles Diagram in the Housing Strategy DCP that envisages a substantial building setback for any mixed-use redevelopment on the adjacent Business zoned land, there are no significant concerns raised with potential privacy conflicts on the western elevation.

The proposed 4m setback for level 1-4 and 6m setback for the fifth storey from the eastern neighbouring building at No. 243 Carlingford Road does not comply with the RFDC as mentioned above. Notwithstanding, the proposal includes privacy provisions for level 1-4 including louvred privacy screens to balconies and 1.5m high sills on bedroom windows. Whilst level 5 does not achieve the required 9m setback, 1.5m high sills or solid balustrades have been provided for privacy screening of bedroom windows. Additionally, the balconies of Units 502 and 505 have the primary aspect facing the front and rear of the site.

The common open space area at the rear of the site is below the level of the rear facing units and would not detract from privacy of the units.

2.9.11 Sunlight and Ventilation

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

The proposal complies with this measure as 73% of proposed dwelling would receive at least 2 hours of solar access to living room windows and 80% of proposed dwellings would receive at least 2 hours of sunlight to balconies during midwinter.

The proposed communal open spaces would receive 3 hours of solar access.

2.9.12 Housing Choice

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

2.9.13 Vehicle Access and Parking

The proposed basement car park is over two levels and is accessed via a 6m wide driveway from Carlingford Road. The proposed car parking provision includes parking for residents, visitors and people with a disability and is deficient by 1 resident car parking space in accordance with the numerical requirements of the Housing Strategy DCP. Notwithstanding, the site is less than 800m radial distance from Carlingford Railway Station. The car parking rates within the draft HDCP requires 37 resident spaces whereas 45 resident spaces are provided. In this regard, the proposed deficiency of 1 resident space is considered acceptable.

The basement levels include ancillary storage for residents and provision for bicycle parking for residents and visitors.

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

2.10 Waste Minimisation & Management Development Control Plan (WMMDCP)

The WMMDCP requires high density developments with 17 or more dwellings to provide a communal garbage and recycling room within the main building. The DCP also requires that adequate on-site access for collection vehicles be provided to waste storage and recycling facilities. Garbage truck access is required to the site from Carlingford Road. To facilitate servicing of the 5 storey Housing Strategy precincts, the draft HDCP proposes to change the design requirement for garbage trucks from a 9.7m long truck to a small rigid vehicle (SRV).

The proposed waste management for the development includes a bin storage room and a bulky item area within the upper basement car park. The adjoining driveway includes a sufficient truck turning area for a SRV garbage truck. There is a garbage chute and recycling bin provided on each floor. Volume handling equipment (carousel) has also been provided for the garbage chute.

A condition is recommended that a site caretaker must be employed and be responsible for moving bins to and from the bin storage room and the waste collection point, washing bins and maintaining waste storage areas, ensuring the chute system and related devices are maintained in effective and efficient working order, managing the communal composting area, arranging the prompt removal of dumped rubbish, and ensuring all residents are informed in the use of the waste management system.

The submitted Waste Management Plans for the demolition of the existing dwelling houses and for the construction of the proposed development are in compliance with best practice and the prescriptive measures of the WMMDCP for maximising reuse and recycling of materials. Subject to conditions, the proposal is considered acceptable in regards to waste minimisation and management.

2.11 Access and Mobility Development Control Plan

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

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

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

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

2.12 Car Parking Development Control Plan

The proposed development has been assessed having regard to the relevant performance and prescriptive design requirements contained within Council’s Car Parking Development Control Plan and is generally in compliance with Council’s car parking requirements. Refer also to discussion in Section 2.9.13.

2.13 Sustainable Water Development Control Plan

2.14 Section 94 Contributions Plan

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

3. ENVIRONMENTAL IMPACTS

3.1 Natural Environment

The proposed development would necessitate the removal of a number of trees from the site. The application has been supported by an arborist report that assesses existing trees and has found that the majority of the trees on the site are either aging, dead, self seeded or of weed specification. The trees to be removed are not significant or locally indigenous trees and are exempt from Council’s Tree Preservation Order.

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

3.2 Built Environment

3.2.1 Built Form

The proposed building would be located within a precinct identified with a future character of five storey residential flat buildings in landscaped setting with underground car parking and adjoins a redevelopment precinct to the west which promotes a mixed use zone incorporating building podiums with residential flat buildings. The built form would be consistent with the desired future character of the precinct.

3.2.2 Traffic

The applicant submitted a Traffic and Parking Impact Report for the proposed development. The estimate of the traffic generated by the proposed development is 16 vehicle trips in peak hours. An Intersection Assessment was included in the report which assessed the intersections of Pennant Hills Road with Carlingford Road, Pennant Hills Road with Keeler Street, Carlingford Road with Hepburn Avenue during weekday peak hours. The assessment concludes that the proposed development would not affect the Level of Service (LoS) at all of these intersections.

Council’s engineering assessment of the traffic impacts of the development concludes that the proposal is satisfactory (refer to discussion on traffic matters in Section 5.1.1 of this report).

3.3.3 Stormwater Drainage

The proposed stormwater drainage system includes the construction of an in-ground stormwater drainage detention system and stormwater drainage connection to Council’s kerb line on Carlingford Road.

The proposed detention system would allow peak flow from upstream to pass before adding its own outflow, resulting in no additional gutter flow at the height of rare intense storms. Additionally, at the 20 year ARI, the peak of a 30 minute on-site detention system outflow adds only 3mm of water to the existing gutter flow which is considered small having negligible impact on traffic amenity and is considered to be acceptable.

Appropriate conditions are recommended for the stormwater drainage system to be constructed in accordance with Council’s Civil Works – Design and Construction Specification 2005.

3.3 Social Impacts

The residential development would improve housing choice in the locality by providing a range of household types. The location of the development is in close proximity to Carlingford Court Shopping Centre and Carlingford Commercial Centre, allowing equitable, direct access to retail, business, recreational, health and educational facilities for all ages.

3.4 Economic Impacts

The proposal would have a minor positive impact on the local economy in conjunction with other new low density 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”.

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.

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 27 June 2012 and 18 July 2012 in accordance with Council’s Notification and Exhibition Development Control Plan. During this period, Council received 2 submissions. Following the amendment of plans, the application was renotified between 20 August 2012 and 3 September 2012. During this period, Council received no 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:

· Traffic congestion, safety concerns at intersections and parking management.

· The development would exacerbate flooding issues caused by stormwater runoff across Carlingford Road and Darwin Street.

· Privacy impacts resulting from the development in regards to insufficient setbacks, south facing balconies, retention of mature trees at the rear of the property.

· Design concerns for the development in relation to articulation, materials chosen and construction viability.

· The development would increase the density in the area which would result in a negative social impact with local schools, medical centres and hospitals being incapable to meet the intake in numbers and provide an equitable level of service. Additionally, densification would exacerbate anti social behaviour in the area.

· Multiple bins resulting from the development would be detrimental to the community.

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

5.1.1. Traffic matters

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

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

In accordance with Council’s resolution, modelling of the traffic generation associated with the development of the precinct is currently being progressed by Council.

The applicant submitted a traffic impact assessment report (as discussed in section 3.2.2 of this report), which confirms the findings of Council’s traffic modelling that the development would not change the Level of Service (LoS) of the nearby intersections.

5.1.2. Increase in Density

The proposed development is within the ‘Carlingford Road, Carlingford’ precinct rezoned for medium-high density housing in accordance with the Housing Strategy in September 2011. The concerns raised in the submission regarding detrimental social, health and educational impacts resulting from the development are addressed in the Housing Strategy.

The Housing Strategy included a detailed study on the identification of centres, selection of precincts and evaluation of precincts and consulted with various External Agencies including the Department of Planning (Regional Team), Department of Housing, Transport Infrastructure Development Corporation, NSW Police, Sydney Water, NSW Health, Department of Community Services and NSW Department of Education and Training.

5.2 Public Agencies

5.2.1 NSW Police

NSW Police commented on the proposed residential flat building in respect to Crime Prevention Through Environmental Design principles and raised no objection to the proposal.

5.2.1 NSW Rail Corporation

The NSW Rail Corporation commented on the proposed residential flat building in respect to the provisions of State Environmental Planning Policy (Infrastructure) 2007 - Schedule 3 and raised no objection to the proposal.

5.2.2 NSW Roads and Maritime Services

Roads and Maritime Service commented on the proposed residential flat building in respect to the provisions of State Environmental Planning Policy (Infrastructure) 2007 - Schedule 3 and raised no objection to the proposal subject to recommended conditions.

6. THE PUBLIC INTEREST

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

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

CONCLUSION

The application seeks approval for the demolition of existing structures and the construction of a five storey residential flat building comprising 30 dwellings and basement car parking and includes strata title subdivision.

The proposed development is generally in accordance with the development controls for the ‘Carlingford Road, Carlingford’ precinct of the Housing Strategy DCP and would contribute to the residential character of the precinct. The minor non-compliance with prescriptive measures for floorplate, height of the basement above ground level, top storey setbacks, parking and deep soil landscaping, are considered acceptable. The proposal complies with the design principles of SEPP 65 and the Residential Flat Design Code.

The proposal would result in a development that would be in keeping with the desired future character of the precinct.

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 - Development Assessment

Planning Division

James Farrington

Group Manager

Planning Division

1.View	Locality Map
2.View	Site Plan
3.View	Floor Plans
4.View	Elevations
5.View	Tree Plan
6.View	Landscape Plan
7.View	Amended Floor Plan
8.View	Amended Elevation Plans

File Reference: DA/569/2012

Document Number: D02018009

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.*	*Rev*	*Drawn by*	*Dated*
DA01 Site and Roof Plan	D	Giles Tribe Architects	6/10/2012
DA02 Lower Basement Carpark Floor Plan	D	Giles Tribe Architects	6/10/2012
DA03 Upper Basement Carpark Floor Plan	D	Giles Tribe Architects	6/10/2012
DA04 Ground Floor Plan	E	Giles Tribe Architects	12/11/2012
DA05 Typical Floor Plan Level 2-3	D	Giles Tribe Architects	6/10/2012
DA06 Typical Floor Plan Level 4	D	Giles Tribe Architects	6/10/2012
DA07 Level 5 Floor Plan	D	Giles Tribe Architects	6/10/2012
DA08 Roof Plan	D	Giles Tribe Architects	6/10/2012
DA09 Proposed Elevation (North Elevations)	D	Giles Tribe Architects	6/10/2012
DA10 Proposed Elevation (West Elevation and South Elevation)	E	Giles Tribe Architects	12/11/2012
DA11 Proposed Elevation and Section A-A (East Elevation)	E	Giles Tribe Architects	12/11/2012
DA12 Section B-B	D	Giles Tribe Architects	6/10/2012
DA19A Shadow Diagram	A	Giles Tribe Architects	17/8/2012
H-DA-00 Ground Floor Stormwater Drainage	G	ITM Design Pty Ltd	10/10/2012
H-DA-03 Ground Floor Stormwater Drainage	C	ITM Design Pty Ltd	10/10/2012
L01 Tree Schedule (Removal Plan)	A	Susan Read Landscapes	5/4/2012
L02 Landscape Planting Plan	B	Susan Read Landscapes	10/8/2012
L03 Details and Plant Schedule	B	Susan Read Landscapes	10/8/2012

*Document Name/No.*	*Prepared by*	*Dated*
Tree Report	Apex Tree and Garden Experts	10/8/2012
Basix Certificate No. 429201M_02	NSW Department of Planning	20/8/2012
ABSA Assessor Certificate No. 57530018
Statement of Environmental Effects	Giles Tribe Architects	August 2012 (revised)
SEPP No. 65 Design Statement	Giles Tribe Architects	17/8/2012 (received)
Geotechnical Investigation	Geo Enviro Consultancy Pty Ltd	May 2012
Road Traffic Noise Assessment	Acoustic Dynamics Pty Ltd	7/6/2012
Traffic and Parking Impact Report	ML Traffic Engineers	April 2012
Waste Management Plan	Giles Tribe Architects	28/5/2012 (received)
Quantity Survey Report	MMD Construction Consultants	21/5/2012
A3-400 Materials and Finishes Schedule	Giles Tribe Architects	May 2012

2. Removal of Existing Trees

This development consent only permits the removal of tree(s) numbered 3,4,5,6,7,8,9,10,11 as identified on Plan No. LA02 revision B prepared by Susan Read Landscapes dated 10/8/2012. The removal of any other trees requires separate approval under Council’s Tree Preservation Order.

3. Amendment of Plans

The approved Ground Floor Stormwater Drainage Plan drawn by ITM Design Pty Ltd dated 10 October 2012 is to be amended to include a 900mm x 900mm full access cover and grate as marked in red on the approved plan.

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)

6. Water/Electricity Utility Services

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

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

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

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

7. Accessible units

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

8. Dilapidation Report

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

9. Stormwater Drainage

a) Connected via galvanised rectangular hollow sections, normally 125mm x 75mm x 3mm thick, to Council’s kerb line in Carlingford Road.

b) The roof and upstream paved areas of the proposal shall be connected to the proposed detention system.

10. 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 21 cubic metres, and a maximum discharge (when full) of 19 litres per second.

b) Have a 900 mm x 900 mm square access grates located directly above the on-site detention outlet and water harvesting access chamber. The supporting hydraulic plans of the consent must be altered to provide this requirement.

c) An additional tank overflow system designed to convey all high level flows from the tank to the grated pit adjacent the proposed crossing.

d) 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 existing interallotment drainage system.

11. Internal Driveway/Vehicular Areas

The driveway and parking areas on site must be designed generally in accordance with the approved plans, Australian Standards 2890.1, AS2890.2, AS2890.6, AS3727 and the following requirements:-

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

b) The driveway be a rigid pavement.

c) The driveway grade for the design waste vehicle must not exceed 15.4 percent and transitions for changes in grade must not exceed requirements of AS2890.2. Provision shall be made for a turning area for Council’s Waste Services design vehicle and permanently marked out in the basement.

d) Driveway structure, retaining walls required to support the carriageway as required and the protection of all drops as per the requirements of a chartered Structural Engineer.

e) Planting of landscaping strips to enhance the visual amenity of the driveway.

12. Footpath

a) The existing footpath being removed and reconstructed.

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

13. Vehicular Crossing

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

b) The footway area to be restored by turfing.

c) Provision for all relevant utility authorities’ necessary conduits, installed and protected under the crossing.

d) Adjustment of all regulatory signage and all services and street furniture made necessary by the proposed works.

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 6760 to obtain a list of contractors.

14. Road Works

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

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

c) Pursuant to Section 138 of the Roads Act 1993, these works shall be designed by a Chartered Civil Engineer with four copies of the plans submitted to Hornsby Council’s Planning Division for consideration and approval, prior to the release of the Construction Certificate. Once approved the work shall be inspected by Hornsby Council and accepted by Council in writing prior to the release of the Occupation Certificate. The Applicant shall pay all Council’s fees associated with provision of this assessment and compliance work.

15. Traffic Control Plan

a) Arrangements for public notification of the works.

b) Temporary construction signage.

c) Permanent post-construction signage.

d) Vehicle movement plans.

e) Traffic management plans.

f) Pedestrian and cyclist access/safety.

g) Approval of the RMS where required.

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

16. 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.

17. 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.

18. 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

19. 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.

20. Tree Protection Barriers

Tree protection fencing must be erected around trees numbered 1,2,12,13,14 to be retained at a 5 metre setback. The tree fencing must be constructed of 1.8 metre ‘cyclone chainmesh fence’.

REQUIREMENTS DURING CONSTRUCTION

21. 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.

22. 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.

23. Waste Management

24. Environmental Management

25. Street Sweeping

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

26. Spoil Route

To protect Council’s assets, all vehicular access to and from the site during all stages of the development is to be via the shortest route to the nearest State or Regional Road

27. Council Property

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

28. 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.

29. Excavated Material

30. Survey Report – Finished Floor Level

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

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

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

31. Contamination during construction works

32. Waste Management

a) The identity of the person removing the waste.

b) The waste carrier vehicle registration.

c) Date and time of waste collection.

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

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

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

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

33. Works near Trees

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

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

Note: Except as provided above, the applicant is to ensure that no excavation, filling or stockpiling of building materials, parking of vehicles or plant, disposal of cement slurry, waste water or other contaminants is to occur within 4 metres of any tree to be retained

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.

34. Fulfilment of BASIX Commitments

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

35. Sydney Water – s73 Certificate

A s73 Certificate must be obtained from Sydney Water.

36. Car Parking Allocation & Resident Storage

37. 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.

38. Creation of Easements

The following matters must be nominated on the title using s88E or s88B (as applicable) of the Conveyancing Act 1919:

a) Consolidation of the subject lots.

b) The creation of an appropriate "Positive Covenant" and "Restriction as to User" over the constructed on-site detention 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.

39. Garbage Collection Easement

40. Maintain Canopy Cover Planter Boxes / On slab planting

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

41. Boundary Planting (Southern Boundary)

Planting to the rear landscape setback areas must include:

a) Two additional Angophora Costata (Sydney Red Gum). Trees shall be installed at minimum 45 litre pot size.

42. Completion of landscaping

43. Retaining Walls

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

44. Boundary Fencing

Fencing must be erected along all property boundaries behind the front building alignment to a height of 1.8 metres.

Note: Alternative fencing may be erected subject to the written consent of the adjoining property owner(s).

45. External Lighting

46. Unit Numbering

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

47. Section 94 Infrastructure Contributions

The payment to Council of a contribution of $368,486.25 for 28 additional dwellings towards the cost of infrastructure identified in Council’s Development Contributions Plan 2007-2011.

It is recommended that you contact Council to confirm the value of the contribution prior to payment.

48. Safety and Security

The site must include the following elements:

a) An intercom system must be installed at gate locations to ensure screening of persons entering the units.

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

c) The communal open space at the rear of the site must be illuminated with high luminance by motion sensor lighting

d) The service areas of the ground floor and the garbage room at the basement must be illuminated with high luminance by motion sensor lighting

e) The driveway and the basement car park must be illuminated with low luminance at all times.

49. Waste Management

The following waste management requirements must be complied with:

a) The bin storage room 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) No parking signs must be erected to prohibit parking in the waste collection vehicle turning area/loading bay.

g) A report(s) must be prepared by a registered surveyor and submitted to the principal certifying authority prior to the issue of the Subdivision/Occupation Certificate, certifying that:

i) The finished access way (including ramp, vehicle turning area, loading bay and site entry/exit) to be used by waste collection vehicles, complies with Australian Standard AS 2890.2-2002 Parking Facilities Part 2: Off-street Commercial Vehicle Facilities for small rigid vehicles with minimum design vehicle dimensions of 6.4 metres overall length, width of 2.3 metres, and 3.5 metre clearance height; and

ii) The finished gradient(s), dimensions and geometry of the road/access way (including vehicle turning area) are in accordance with the approved plans.

h) The car park ventilation must not reduce the clearance height within the truck turning path.

50. Works as Executed Plan

OPERATIONAL CONDITIONS

51. Landscape establishment

52. Visitor Access

Visitors are to have access to the parking area at all times. Visitors are to be able to access the basement car park by an audio/visual intercom system located at the top of the ramped driveway.

53. Noise

54. Disabled Parking

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

55. Fire Safety Statement - Annual

56. Waste Management

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

CONDITIONS OF CONCURRENCE – NSW ROADS & MARITIME SERVICES

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

57. The proposed development was subjected to the acquisition of strip for the purpose of setting an easement for batter along the Carlingford Road frontage of the subject property. The development must ensure that access to the easement is not denied and the integrity of the easement is not compromised and all structures and works must be clear of the easement for batter and road reserve (unlimited in height or depth).

58. All vehicles shall be wholly contained on site before being required to stop.

59. If not already in place, full time “No Stopping” restrictions are to be implemented along the full length of the Carlingford Road frontage of the development site. The restriction should be implemented prior to the commencement of any demolition works relating to the proposed development. Prior to the installation of the parking restrictions the applicant is to contact the RMS’ Traffic Engineering Services on phone: (02) 88492294 for a works instruction.

60. All works/regulatory signage associated with the proposed development are to be at no cost to RMS.

- END OF CONDITIONS -

ADVISORY NOTES

Environmental Planning and Assessment Act 1979 Requirements

· The Environmental Planning and Assessment Act 1979 requires:

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

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

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

· Mandatory inspections of nominated stages of the construction inspected.

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

Long Service Levy

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

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

Tree Preservation Order

To ensure the maintenance and protection of the existing natural environment, it is an offence to ringbark, cut down, top, lop, remove, wilfully injure or destroy a tree outside three metres of the approved building envelope without prior written consent from Council. Fines may be imposed for non-compliance with Council’s Tree Preservation Order.

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

Disability Discrimination Act

The applicant’s attention is drawn to the existence of the Disability Discrimination Act. A construction certificate is required to be obtained for the proposed building, which will provide consideration under the Building Code of Australia, however, the development may not comply with the requirements of the Disability Discrimination Act. This is the sole responsibility of the applicant.

Dial Before You Dig

Asbestos Warning

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

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

House Numbering

Planning Report No. PL36/12

Planning Division

Date of Meeting: 21/11/2012

12 DEVELOPMENT APPLICATION - FIVE STOREY RESIDENTIAL FLAT BUILDING CONTAINING 29 UNITS - 66 - 68 KEELER STREET, CARLINGFORD

EXECUTIVE SUMMARY

DA No:	DA/676/2012 (Lodged 5 July 2012)
Description:	Construction of a five storey residential flat building containing 29 units, basement car parking and strata title subdivision
Property:	Lot 7 DP 31556, Lot 8 DP 31556, Nos. 66 – 68 Keeler Street, Carlingford
Applicant:	D & C Consortium
Owner:	Ms J Zhao, Mr W J Mo, Ms M Li, Ms L F Leung and Ms M Cheung
Estimated Value:	$7,600,000
Ward:	C

· The application proposes the demolition of existing structures and the construction of a five storey residential flat building comprising 29 units, basement car parking and strata subdivision.

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

· It is recommended that the application be approved.

RECOMMENDATION

BACKGROUND

The site is within the ‘Carlingford Road, Carlingford precinct’, rezoned for five storey residential flat development as part of Council’s Housing Strategy on 2 September 2011.

The site adjoins the site of a proposed five storey residential flat building under consideration by Council at Nos. 70 - 72 Keeler Street. The proposed building is essentially the same design as the subject proposal with different treatment in the street elevation (DA/677/2012).

The site adjoins the site of an approved five storey residential flat building at Nos. 62-64 Keeler Street, approved by Council on 18 July 2012 (DA/127/2012).

SITE

The site has an area of 1,762.8m² with a frontage of 33.1m to the northern side of Keeler Street and is a regular shaped site. The site has a north-easterly aspect with an average fall of 5% to the north-eastern corner of the site. An existing stormwater drainage line and easement traverses the central part of the site. The site includes two existing dwelling houses, shed buildings and a swimming pool.

The site forms part of the ‘Carlingford Road, Carlingford’ precinct rezoned for medium-high density housing in accordance with the Hornsby Shire Council Housing Strategy in September 2011. The precinct is bounded by Carlingford Road, Pennant Hills Road, Keeler Street and Hepburn Avenue. A number of properties have been approved for residential flat development or are under assessment by Council.

The surrounding developments within the rezoned precinct mainly include dwelling houses on suburban lots. There is a mix of low density and medium density housing on the opposite side of Keeler Street within the Parramatta City Council area. Keeler Street forms the boundary between the Hornsby and Parramatta local government areas in this location at Carlingford.

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

The site is within walking distance (120m) of the Carlingford commercial centre on Pennant Hills Road and is located 800m north-east of Carlingford Railway Station.

PROPOSAL

The proposed development includes strata subdivision.

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

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

2. STATUTORY CONTROLS

2.1 Hornsby Shire Local Environmental Plan 1994

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

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

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

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

The proposed development is defined as ‘multi-unit housing’ and ‘subdivision’ under the HSLEP and is permissible in the zone with Council’s consent. The land is identified within the area detailed on Diagram 8 under Schedule BB of the HSLEP. Clause 15A of the HSLEP prescribes that the maximum building height within the area detailed under Schedule BB is not to exceed 17.5 metres. The proposed building complies with this requirement.

2.2 Draft Hornsby Local Environmental Plan

The Draft Hornsby Local Environmental Plan (Draft HLEP) was exhibited from 5 June 2012 to 7 August 2012. The Draft HLEP essentially reiterates the current land use zoning and height control applicable to the site as outlined below:

2.2.1 Zoning

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

2.2.2 Height of Building

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

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

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

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

2.4.1 Principle 1 - Context

Design Principle 1 is as follows:

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

The applicant submits that the proposed development is designed according to the intentions of Council’s Housing Strategy DCP for the newly zoned area for high density development within the ‘Carlingford Road, Carlingford Precinct’ and that the proposed development would contribute to the future character of the area.

2.4.2 Principle 2 - Scale

Design Principle 2 is as follows:

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

The applicant’s submission includes the following statement:

The proposed development is designed to meet all the setback requirements, height limits and articulation to satisfy the requirements of the Housing Strategy DCP with appropriate bulk and scale.

The applicant’s statement is supported in respect to this Principle. Compliance with the applicable controls under Council’s Housing Strategy DCP is discussed in Section 2.9 of this report.

2.4.3 Principle 3 – Built Form

Design Principle 3 is as follows:

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

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

The applicant submits that the built form is designed to suit the future vision of the ‘Carlingford Road Carlingford Precinct’ with articulation to create an interesting appearance with building elements such as vertical blade walls, balconies with glazed or non-glazed balustrades, contrasting finishes, colours and textures.

The applicant’s statement is supported in respect to this Principle.

2.4.4 Principle 4 – Density

Design Principle 4 is as follows:

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

The applicant submits that the proposed development is designed in accordance with the density requirements of the Housing Strategy DCP.

The applicant’s submission is supported in respect of this Principle.

2.4.5 Principle 5 – Resource, Energy and Water Efficiency

Design Principle 5 is as follows:

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

The applicant has submitted BASIX Certificate No. 434952M for the proposed 29 dwellings. In achieving the required BASIX targets for sustainable water use, thermal comfort and energy efficiency, the proposed development achieves the design criteria. The applicant submits that the building design achieves an efficient use of natural resources, includes sustainable materials and passive solar design principles.

The applicant’s statement is supported in respect to this Principle.

2.4.6 Principle 6 – Landscape

Design Principle 6 is as follows:

The applicant submits that the proposed landscaping includes trees, shrubs and ground covers that are low maintenance plants that are suitably located. Most of the existing shrubs and trees along the boundary of the site are retained. The proposal includes landscaping along the street frontage, side and rear boundaries, providing an appropriate landscape setting for the development. Accordingly, the applicant’s statement is supported in respect to this Principle.

2.4.7 Principle 7 – Amenity

Design Principle 7 is as follows:

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

The applicant submits that the proposed unit areas are designed for natural light, ventilation and are configured to promote good amenity. The proposed balconies and terraces are larger than required by the planning controls for open space. Accordingly, the applicant’s statement is generally supported in respect to this Principle.

2.4.8 Principle 8 – Safety and Security

Design Principle 8 is as follows:

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

The applicant submits that the development is designed for effective safety and security and notes visible entries, height of ground floor balustrades and fencing and lighting of common areas.

The NSW Police commented on the proposed development and recommend conditions for lighting, territorial re-enforcement, environmental maintenance and access control. Subject to appropriate conditions of consent, the applicant’s submitted statement is supported in respect to this Principle.

2.4.9 Principle 9 – Social Dimensions and Housing Affordability

Design Principle 9 is as follows:

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

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

The applicant submits that the proposed development is in accordance with the requirements of the Housing Strategy DCP in respect to dwelling mix and adaptable housing; in meeting the housing needs of the community.

The applicant’s statement is supported in respect to this Principle.

2.4.10 Principle 10 – Aesthetics

Design Principle 10 is as follows:

The applicant states:

The proposal is designed to meet the aims of the Housing Strategy DCP and to achieve quality designed built form, a building in garden rather than garden around the building.

The building is vertically and horizontally articulated . It is designed to have sufficient setbacks and projections, introduction of vertical and horizontal elements such as blade walls, variety of materials, colours and textures to promote visual quality. Rendered and painted masonry walls, glazed balconies, awnings and shading devices, promote aesthetic value.

2.5 SEPP 65 - Residential Flat Design Code

Residential Flat Design Code
Control	Proposal	Requirement	Compliance
Deep Soil Zone	30%	25%	Yes
Communal Open Space	36%	25-30%	Yes
Gnd Level Private Open Space	12.25m² + Min dimension 2.5m	25m² Min Dimension 4m²	No No
Minimum Dwelling Size	1 br – 67m² 2 br – 84m² 3 br – 114m²	1 br – 50m² 2 br – 70m² 3 br – 95m²	Yes Yes Yes
Maximum Kitchen Distance	8m	8m	Yes
Minimum Balcony Depth	2m	2m	Yes
Dual Aspect & Cross Ventilation	62%	60%	Yes
Adaptable Housing	30%	10%	Yes

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

2.5.1 Apartment Layout and Mix

The proposed apartment layouts are generally functional with well proportioned living spaces, the number of rooms with windows, the access to open space areas off living rooms, the proximity of kitchens to a window and the number of dual aspect units with cross ventilation.

The proposal includes a range in the size of dwellings with one bedroom + study, two bedroom, two bedroom + study and three bedroom units.

The design quality of the proposed units is considered acceptable in providing for housing choice within the precinct.

2.5.2 Ground Floor Apartments

The proposed ground floor apartments are in accordance with the requirements of the Code for larger open space areas, dual aspect design and are configured to provide choice in housing.

The proposal includes split floor level and two lower ground floor units G04 and G05 at the northern elevation. The two lower ground floor units have a higher ceiling height of 4m. The standard ceiling height is 2.7m. The applicant has agreed that the higher ceiling would provide design opportunity for increased natural light and ventilation and also for storage. A condition is recommended in this regard.

The proposed ground floor includes Unit G02 and Unit G03 at the western elevation with access to private open space at ground level via stairs. The ground level open space areas would be substantially overlooked by the terrace area of the adjoining unit. The ground level area would not contribute significantly to useable private open space. The proposed fencing of the open space areas would obstruct access to landscaping along the western side of the building and could potentially increase crime risk by creating disconnected space with the communal area. A condition is recommended for the stairs and ground level private open areas to be deleted and the area incorporated into general landscaping.

Proposed Unit G02 includes windows over the vehicle access ramp. The windows are more than 2.7m above the level of the ramp and would not be visually impacted by vehicles on the ramp. In this regard, a condition is recommended for the terrace of Unit G02 to be enclosed by a solid wall at the southern elevation.

The proposed ground floor Unit G06 at the eastern elevation includes a balcony which encroaches 0.5m into the 4m setback area. A condition is recommended for the encroachment to be deleted and for the balcony to be in accordance with the required 2.5m minimum width.

Subject to recommended conditions the proposed ground floor units are considered acceptable in providing housing choice for ground floor units with good amenity, notwithstanding the resulting non-compliance with the Code’s best practice for 25m² of open space for ground floor apartments (Units G02, G03 and G06). The non-compliance is considered acceptable in providing housing choice for ground floor apartments with good amenity.

2.5.3 Internal Circulation

The proposed building includes a central lift with three to seven units on the respective levels of the building accessing the lift. The Code’s best practice is for up to eight units per lift. The location of unit entries and articulation of internal passage ways would ensure appropriate circulation space and amenity.

The proposed building includes a waste management system involving a refuse chute on each level. The proposed chute is next to the entries of Unit G06, Unit 107 and Unit 207. To improve amenity a condition is recommended for the entries to be repositioned 2m from the refuse chute.

The front entry includes an appropriate foyer and the entry is clearly defined at the frontage with level access from the street.

The ground floor includes access to communal open space areas from the frontage and at the northern elevation. The ground floor includes stairs between the northern entry and the lift. A condition is recommended for the access to comply with AS1428.1 – Design for Access and Mobility.

Subject to recommended conditions, the proposal is considered acceptable in respect to the Code’s requirements for internal circulation.

2.5.4 Acoustic Privacy

2.5.5 Storage

The proposed building includes 29 resident storage areas for all units within the building. The storage areas are located within Basement Levels 2 and 3.

A condition is recommended for the storage areas to be allocated in accordance with the size requirements of the Code for the respective units and proximity to the unit car parking spaces.

In summary, the proposed residential flat building has been designed in accordance with the design principles of SEPP 65 and generally complies in respect to the Residential Flat Design Code subject to the imposition of appropriate conditions of consent. It is considered the proposal would achieve good residential amenity and contribute to the desired future residential character of the Carlingford Road Precinct.

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

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

2.8 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005

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

2.9 Housing Strategy Development Control Plan

Housing Strategy Development Control Plan
Control	Proposal	Requirement	Compliance
Site Width	32.9m	30m	Yes
Height	5 storeys – 17.5m	5 storeys – 17.5m	Yes
Basement Projection Above Ground Level	1.5m	Max - 1.0m	No
Maximum Floorplate Dimension	35.5m	35m	No
Building Indentation	1 x 4m x 4m	2 x 4m x 4m	No
Front Setback	10m 8m < 1/3^rd frontage Balc. 7m < 1/3^rd	10m 8m < 1/3^rd frontage Balc. 7m < 1/3^rd	Yes Yes Yes
W Side Setback	6m 4m < 1/3^rd frontage	6m 4m < 1/3^rd frontage	Yes Yes
E Side Setback	6m 3.5m-4m < 1/3^rd frontage	6m 4m < 1/3^rd frontage	Yes No
Rear Setback	10m 8m < 1/3^rd boundary 7m balc encr	10m 8m < 1/3^rd boundary 7m balc encr	Yes Yes Yes
Top Storey Setback From Ground Floor	3m	3m	Yes
Underground Parking Setback	Front - 7m W Side - 4m E Side – 4m Rear – 7m	7m 4m 4m 7m	Yes Yes Yes Yes
Basement Ramp Setback	3m	2m	Yes
Car Parking	36 resident spaces 7 visitor spaces	32 resident spaces 6 visitor spaces	Yes Yes
Landscaping	Front & Rear – 7m W Side – 4m E Side – 3.5m	7m 4m 4m	Yes Yes No
Private Open Space Min Width 2.5m	1 br units - > 10m² 2 br units - > 12m² 3 br units - > 19m²	10m² 12m² 16m²	Yes Yes Yes
Communal Open Space	36%	25%	Yes
Sunlight Access	75%	70%	Yes
Housing Choice	1 br units – 17% 2 br units - 73% 3 br units – 10%	10% 10% 10%	Yes Yes Yes
Adaptable Units	30%	30%	Yes

2.9.1 Desired Future Character

Subject to recommended conditions discussed in Section 2.5, the proposed development meets the prescriptive measures for setbacks and landscaping and generally achieves the desired future character of the precinct for well articulated five storey residential flat buildings in a landscaped setting.

2.9.2 Design Quality – SEPP 65

The proposed development is considered generally satisfactory in meeting the design principles of SEPP 65 and the requirements of the Residential Flat Design Code subject to recommended conditions.

2.9.3 Site Requirements

The proposed site complies with the minimum 30m site width requirement and would not result in an isolated adjoining site.

2.9.4 Height

The proposed building includes a split ground floor level and complies with the 17.5m maximum height limit and is acceptable. The proposed height of the basement above ground level is exceeded to a minor extent at the split floor level change, which is considered acceptable.

2.9.5 Setbacks

The proposed building complies with the prescriptive measures for front, rear and side setbacks and the permitted encroachments for balconies, subject to recommended conditions. The proposal complies with the required setbacks for the driveway ramp, garbage storage and letter boxes.

It is considered the proposal achieves the Housing Strategy DCP setbacks desired outcome for:

Well articulated building forms that are set back to incorporate landscaping, open space and separation between buildings.

2.9.6 Landscaping

The proposed landscaping is satisfactory for the proposal subject to additional planting of Sydney Red Gum (Angophora costata), Weeping Lilly Pilly (Waterhousia floribunda) and Blueberry Ash (Elaeocarpus reticulates).

The proposed landscaping includes planting of canopy trees, shrubs and ground covers and provides for communal open space.

2.9.7 Floorplates and Separations

The proposed building floorplate has a maximum dimension of 35.5m. The non-compliance involves an area of 1.5m². The non-compliance is considered acceptable with regard to the minor encroachment and the area available for landscaping.

The proposed building includes 4m x 4m indentation at the eastern elevation of the building. At the western elevation the proposed building is progressively setback 4.0m and 6m. The proposed driveway increases the side setback to 9.7m for the ground floor. The proposed building does not include the necessary indentations or individual roofs required to form two separate building pavilions in accordance with the prescriptive measure. The non-compliance is considered acceptable with regard to the proposed articulation which breaks the massing of the building.

2.9.8 Articulation

The proposed building complies with the Housing Strategy DCP required elements for articulation including: wrap-around balconies, facades divided into vertical panels separated by indentations and projecting balconies, sheer vertical elements limited to 50% of façade, wide eaves and flat pitched roof without parapets, high proportion of windows at the top storey, panels of curtain wall windows, steel framed balconies, sunscreens and feature panels of light cladding and painted masonry.

The proposed building is essentially the same design as the adjoining proposed building under DA/677/2012. The applicant has submitted a photomontage of the two proposed buildings in the streetscape which demonstrates the different treatment of the two facades in the streetscape.

The proposed building articulation complies with the articulation prescriptive measures.

2.9.9 Open Space

The proposed units comply with the required minimum area for open space accessible off living areas. The proposal includes a communal open space area in accordance with the minimum requirement.

The proposal includes provision for active living with bicycle storage at basement level 1.

2.9.10 Privacy

2.9.11 Sunlight and Ventilation

2.9.12 Housing Choice

The proposed development includes a range of housing types and provision for people with disabilities and for aging in place in accordance Housing Strategy DCP prescriptive measures.

A condition is recommended for three units to be accessible for people with a disability and for nine dwellings to be adaptable for disabled access.

2.9.13 Vehicle Access and Parking

The proposed development complies with the required car parking provision and bicycle provision for residents and visitors subject to recommended conditions.

The proposed storage areas comply with the requirements of the Residential Flat Design Code and are acceptable subject to a recommended condition.

To provide for site security a condition is recommended for the driveway ramp to be designed to prevent pedestrian access from the driveway to the western side of the building.

2.10 Waste Minimisation & Management Development Control Plan (WMMDCP)

The proposed 29 dwellings would require 7 x 240L garbage bins serviced twice weekly plus 7 x 240 L recycling bins serviced weekly. The basement bin room is of sufficient size to house the required number of bins. The proposed bin collection area at the frontage is of sufficient area for the number of bins required for the proposed dwellings.

The electrical meter room is accessed via the basement bin room. For safety reasons, meter readers (and any other unauthorised persons including residents) must not have access to the volume handling equipment (garbage compactor, carousel/linear). In this regard a condition is recommended for a cage enclosure for the waste handling machinery.

The proposal includes a collection area for bulky waste items awaiting removal Council, however, does not provide kerbside clean-up service to unit buildings over three storey. Accordingly, a condition is recommended for the facility area to be deleted and the area incorporated into landscaping.

Subject to recommended conditions, the proposed development is satisfactory in respect to the WMMDCP.

2.11 Access and Mobility Development Control Plan

The proposed development includes nine adaptable housing units (Nos. G01, 101, 102, 105, 106, 201, 202, 205 and 206). The applicant has submitted an Access Report which demonstrates the units are capable of being adapted for people with a disability in accordance with AS4299-1995 Adaptable housing. A condition is recommended for three of the units to be wheelchair accessible units in accordance with AS1428.1 – Design for Access and Mobility.

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

The proposed building includes a split level ground floor and change in level between the front entry and the street. A condition is recommended for the proposed direct street access, access to the community garden area and letter box to be compliant with the design and technical specifications of AS1428.1-2009 Clause 10 Walkways, ramps and landings.

Subject to recommended conditions, the proposed development complies with the Access and Mobility Development Control Plan.

2.12 Car Parking Development Control Plan

2.13 Sustainable Water Development Control Plan

2.14 Section 94 Development Contributions Plan 2007-2012

3. ENVIRONMENTAL IMPACTS

3.1 Natural Environment

The site does not include any locally indigenous trees of significance.

The submitted landscaping plan is satisfactory in contributing to the establishment of locally indigenous canopy trees.

3.2 Built Environment

3.2.1 Carlingford Road Precinct

3.2.2 Keeler Street – Southern Side

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

3.2.3 Traffic Generation and Car Parking

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

In accordance with Council’s resolution, modelling of the traffic generation associated with the development of the precinct is currently being progressed by Council.

The applicant has submitted a Traffic and Parking Assessment Report which confirms the findings of Council’s traffic models that the development would not change the level of service of the nearby intersections. The proposed development would generate 12.9 vehicle trips in peak hour traffic which is considered acceptable regarding the capacity of the road network. In light of the existing magnitude of traffic on Pennant Hills Road, the proposed traffic generation is considered statistically insignificant and will not have any unacceptable traffic implications in terms of road network capacity.

3.2.4 Stormwater Drainage

The proposed stormwater drainage system includes the on-site relocation of the existing Council drainage line and the construction of an in-ground stormwater drainage detention system. The proposed relocation of the stormwater drainage line allows for the siting of the proposed building.

3.3 Social Impacts

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

3.4 Economic Impacts

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

4. SITE SUITABILITY

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

The site is not subject to constraints to residential development other than the location of the existing stormwater drainage line through the site. Subject to relocation of the drainage line the site is suitable for the proposed 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

5.2 Public Agencies - NSW Police

6. THE PUBLIC INTEREST

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

CONCLUSION

The proposal is for the demolition of two existing dwelling houses and construction of a five storey residential flat building comprising 29 units and strata title subdivision.

The proposed development has been assessed with regard to the proposed residential flat building on the adjoining site at Nos. 70-72 Keeler Street and the approved residential flat building for the site at 62-64 Keeler Street.

The proposed development has regard to the requirements of the Housing Strategy DCP and is considered acceptable in respect to the desired future character of the Carlingford Road Carlingford Precinct. The proposal complies with the site requirements, height, setbacks, landscaping, articulation, open space, privacy, sunlight and ventilation, housing choice and vehicle access and parking criteria subject to recommended conditions. The proposed non-compliance with the maximum floorplate dimension of 35m is considered acceptable on merit.

There were no submissions in response to the public notification of the proposed development.

The application is recommended for approval.

Rod Pickles

Manager - Development Assessment

Planning Division

James Farrington

Group Manager

Planning Division

1.View	Locality Plan
2.View	Site Plan
3.View	Floor Plans
4.View	Basement Plans
5.View	Roof Plan
6.View	Elevations
7.View	Section
8.View	Landscape Plan
9.View	Photomontage

File Reference: DA/676/2012

Document Number: D02033692

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*
DA-01 Issue 4 Site Plan	D+C Consortium Pty Ltd	20.09.12
DA-02 Issue 4 Ground Floor Plan	D+C Consortium Pty Ltd	20.09.12
DA-03 Issue 4 1st & 2^nd Floor Plans	D+C Consortium Pty Ltd	20.09.12
DA-04 Issue 4 3^rd Floor Plan	D+C Consortium Pty Ltd	20.09.12
DA-05 Issue 4 4^th Floor Plan	D+C Consortium Pty Ltd	20.09.12
DA-06 Issue 4 Basement Plan Level 1	D+C Consortium Pty Ltd	20.09.12
DA-07 Issue 4 Basement Plan Level 2	D+C Consortium Pty Ltd	20.09.12
DA-08 Issue 4 Basement Plan Level 3	D+C Consortium Pty Ltd	20.09.12
DA-09 Issue 4 Elevations	D+C Consortium Pty Ltd	20.09.12
DA-10 Issue 4 Elevations	D+C Consortium Pty Ltd	20.09.12
DA-11 Issue 4 Section	D+C Consortium Pty Ltd	20.09.12
0475.L.01 Landscape Plan	Greenland Design Pty Ltd	September 2012
0475.L.02 Landscape Plan & Specification	Green land Design Pty Ltd	September 2012
024032012 Sheet 1 of 4 Issue B Site and ESCP	ING Consulting Engineers Pty Ltd	June 2012
024032012 Sheet 2 of 4 Issue B Stormwater Ground Floor Plan	ING Consulting Engineers Pty Ltd	June 2012
024032012 Sheet 3 of 4 Issue B Stormwater Basement Plan	ING Consulting Engineers Pty Ltd	June 2012
024032012 Sheet 4 of 4 Issue B Longitudinal Section	ING Consulting Engineers Pty Ltd	June 2012

*Document No.*	*Prepared by*	*Dated*
D01964380 Schedule of External Finishes	D+C Consortium Pty Ltd	25.03.2012
D01964390 Arboricultural Assessment	Earthscape Horticultural Services	June 2012
D01964387 Access Review	Morris-Goding Accessibility Consulting	25 June 2012
D01964384 BASIX Certificate No. 434952M	Energia Design Concepts	3 July 2012
D01964376 Building Code of Australia Compliance Report No. 12/181	Greenfield Certifiers Pty Ltd	29 June 2012

2. Removal of Existing Trees

This development consent only permits the removal of trees numbered 2, 6, 10, 11, 13, 14, 15, 19, 20 as identified in D01964390 Arboricultural Assessment prepared by Earthscape Horticultural Services dated June 2012. 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 approved Ground Floor Plan DA-02 Issue 4 prepared by D + C Consortium for Unit G04 and Unit G05 is to be amended for design to maximize the available 4m high ceiling space with provision for additional storage and for natural light and ventilation to living areas.

b) The approved Site Plan DA-01 Issue 4 and Ground Floor Plan DA-02 Issue 4 prepared by D + C Consortium for Unit G02 and Unit G03 are to be amended for ground level open space areas, stairs and fencing to be deleted and the areas replaced with communal landscaping.

c) The approved Ground Floor Plan DA-02 Issue 4 prepared by D + C Consortium is to be amended for the Unit G02 terrace southern elevation to be fully enclosed with masonry wall.

d) The approved Site Plan DA-01 Issue 4 and Ground Floor Plan DA-02 Issue 4 prepared by D + C Consortium are to be amended for the Unit G06 balcony off the living area to be setback 4.0m from the eastern side boundary and have a minimum width of 2.5m. The balcony stairs detailed on the approved Elevation Plan DA-10 Issue 4 prepared by D + Consortium are to be deleted.

e) The approved Site Plan DA-01 Issue 4 and Ground Floor Plan DA-02 Issue 4 prepared by D + C Consortium are to be amended for Unit G06 terrace off bedroom 1 must be deleted and the area replaced with landscaping and stairs for the exit door.

f) The approved Ground Floor Plan DA-02 Issue 4 prepared by D + C Consortium is to be amended for Unit G06 bedroom 1 sliding door to be deleted and replaced with a window screened by a fin wall from the exit door stairs.

g) The approved Ground Floor Plan DA-02 Issue 4 prepared by D + C Consortium is to be amended for the northern exit at the eastern elevation of the building to align with the external wall.

h) The approved Ground Floor Plan DA-02 Issue 4 and the 1^st and 2^nd Floor Plans DA-03 Issue 4 prepared by D + C Consortium are to be amended for the entries of Unit G06, Unit 107 and Unit 207 to be located not less than 2m from the refuse chute.

i) The approved Elevations Plans DA-09 Issue 4 and DA-10 Issue 4 prepared by D + C Consortium are to be amended for the balcony and terrace balustrades of Unit G01, Unit G02, Unit G03, Unit G04, Unit G05 and Unit G06 to be solid opaque balustrades for resident privacy.

j) The approved Site Plan DA-01 Issue 4 and Ground Flood Plan DA-02 Issue 4 prepared by D + C Consortium are to be amended for the bulk items store at the frontage to be deleted and the area replaced with landscaping.

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)

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

a) The details of the adaptable units (G01, 101, 102, 105, 106, 201, 202, 205 and 206) must be provided with the Construction Certificate Plans.

b) Three of the adaptable units must be in compliance with AS1428.1 – Design for Access and Mobility.

8. Dilapidation Report

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

9. Acoustic Report

10. Stormwater Drainage

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

a) Connected directly to Council’s drainage system within the property.

b) A separate approval will be required from Hornsby Shire Council to connect into the Council stormwater drainage system.

c) The existing public drainage pipeline is to be relocated generally in accordance with plans prepared by ING Consulting. Prior to any works commencing on the drainage works the written consent of Hornsby Shire Council is to be obtained. Furthermore compliance inspections by officers of Hornsby Shire Council are to be carried out in accordance with Councils Civil works Specification.

11. 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 22 cubic metres, and a maximum discharge (when full) of 41 litres per second.

b) Have a 900 mm x 900 mm square 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.

12. Internal Driveway/Vehicular Areas

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

b) The driveway be a rigid pavement.

c) The driveway grade must not exceed 5 percent for the first 6m from the property boundary and shall have a minimum width of 5.5m.

13. Footpath

a) The existing footpath being removed and reconstructed.

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

14. Vehicular Crossing

a) The footway area to be restored by turfing.

b) Provision for all relevant utility authorities’ necessary conduits, installed and protected under the crossing.

c) Adjustment of all regulatory signage and all services and street furniture made necessary by the proposed works.

15. Road Works

Prior to the issue of a Construction Certificate for these works a separate application under the Local Government Act, 1993 and the Roads Act, 1993 must be submitted to Council for all works within the road reserve. All road works approved under this consent must be constructed in accordance with Council’s Civil Works Design and Construction Specification, 2005 and the following requirements:

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

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

16. 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.

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

17. 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.

18. 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.

19. 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

20. 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

21. 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.

22. 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.

23. Waste Management

24. Environmental Management

25. Street Sweeping

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

26. Spoil Route

To protect Council’s assets, all vehicular access to and from the site during all stages of the development is to be via the shortest route to the nearest State or Regional Road.

27. Council Property

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

28. Landfill

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

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

29. Excavated Material

30. Survey Report – Finished Floor Level

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

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

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

31. Contamination during construction works

32. Waste Management

a) The identity of the person removing the waste.

b) The waste carrier vehicle registration.

c) Date and time of waste collection.

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

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

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

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

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

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

33. Fulfilment of BASIX Commitments

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

34. Sydney Water – s73 Certificate

A s73 Certificate must be obtained from Sydney Water.

35. Car Parking Allocation & Resident Storage

36. Damage to Council Assets

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

37. Creation of Easements

The following matter(s) must be created on the title of the property under the Conveyancing Act 1919:

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

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

c) A drainage easement 3 metres wide is to be created over the relocated drainage pipeline in favour of Council and in accordance with the terms set out in Memorandum B5341305V filed with the NSW Department of Lands.

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

38. Garbage Collection Easement

39. Additional Landscaping

b) Planting to the front landscape setback areas along Keeler Street must include four additional Tristaniopsis laurina (Watergum). Trees shall be installed at minimum 45 litre pot size.

c) Screen planting to the on-grade landscape setback areas adjacent to the boundary must include four additional Waterhousia floribunda (Weeping Lilly Pilly) in planter beds. Trees shall be installed at minimum 25 litre pot size.

d) Screen planting to the on-grade landscape setback areas adjacent to the boundary must include four additional Elaeocarpus reticulatus (Blueberry Ash) and four additional Waterhousia floribunda in planter beds. The trees shall be installed at minimum 25 litre pot size.

e) Planting to the rear landscape setback areas must include two additional Angophora costata (Sydney Red Gum). Trees shall be installed at minimum 45 litre pot size.

40. 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.

41. Retaining Walls

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

42. Boundary Fencing

Fencing must be erected along all property boundaries behind the front building alignment to a height of 1.8 metres.

Note: Alternative fencing may be erected subject to the written consent of the adjoining property owner(s).

43. External Lighting

44. Unit Numbering

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

45. Section 94 Infrastructure Contributions

It is recommended that you contact Council to confirm the value of the contribution prior to payment.

46. Safety and Security

a) Fire exist doors to the development must be fitted with single cylinder locksets (Australia and New Zealand Standard – Lock Sets) to restrict unauthorized access to the development.

b) Ground floor windows must be fitted with window locks that can be locked with a key.

c) A graffiti management plan must be incorporated into the maintenance plan for the development for graffiti to be removed within a forty-eight hour period.

d) The basement car park entry must be secured by security gates/roller shutters and controlled by secure access located at the top of the driveway.

e) The driveway ramp must be designed to prevent persons accessing the western side setback of the building from the driveway.

47. Waste Management

a) The basement bin storage room must include water connection for cleaning, graded floors with drainage to sewer, a robust door, sealed and impervious surfaces, adequate lighting and ventilation.

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

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

d) The bin carting route(s) must be devoid of steps.

Note: Ramps between different levels are acceptable

e) Residents and any persons accessing the meter room must be prevented from having access to the waste volume handling equipment in the basement bin room.

f) There must be no compaction equipment on the recycling side of the chute system.

g) The bins placed at the bin collection point for servicing must be screened by landscaping from public view.

h) A report(s) must be prepared by the principal contractor and submitted to the principal certifying authority certifying that:

i) A comparison of the estimated quantities of each waste type against the actual quantities of each waste type has been made;

ii) Any deviations from the Waste Management Plan (including, but not limited to, types of waste, quantities of waste, destinations of waste, reuse and recycling achieved) have been explained;

iii) All waste was taken to site(s) that were lawfully permitted to accept that waste;

iv) Either

(i) The Waste Management Plan Section One – Demolition Stage and Section Three – Construction Stage were implemented and at least 60 % waste generated was reused or recycled; or

vi) The author(s) of the report declared that the report is true in every particular and is not misleading.

48. Works as Executed Plan

OPERATIONAL CONDITIONS

49. Landscape Establishment

50. Visitor Access

Visitors are to have access to the parking area at all times. Visitors are to be able to access the basement car park by an audio/visual intercom system located at the top of the ramped driveway.

51. Noise

52. Disabled Parking

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

53. Fire Safety Statement - Annual

54. Waste Management

b) Bins must be removed from the bin collection point each time after collection.

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

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

· Mandatory inspections of nominated stages of the construction inspected.

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

Long Service Levy

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

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

Tree Preservation Order

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

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

Disability Discrimination Act

Dial Before You Dig

Asbestos Warning

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

House Numbering

Planning Report No. PL42/12

Planning Division

Date of Meeting: 21/11/2012

14 FURTHER REPORT - SUBDIVISION - ONE ALLOTMENT INTO TWO - 25 LYNE ROAD CHELTENHAM

EXECUTIVE SUMMARY

DA No:	DA/177/2012 (Lodged 24 February 2012)
Description:	Torrens title subdivision of one allotment into two lots
Property:	Lot 6 DP 26088, No. 25 Lyne Road, Cheltenham
Applicant:	SDG Land Development Solutions
Owner:	Mr Kulwant Singh Dhillon & Mrs Sheila Kulwant Dhillon
Estimated Value:	Nil
Ward:	C

· The application proposes the Torrens title subdivision of one allotment into two lots.

· On 17 October 2012, Council considered Planning Report No. PLN26/12 evaluating the application and resolved to defer the matter to enable an onsite meeting with available Councillors, the applicant and adjoining property owners.

· An onsite meeting was held on 25 October 2012. At the conclusion of the meeting it was noted that the matter should be referred back to Council for determination subject to additional conditions addressing submitters concerns.

· The existing dwelling on proposed Lot 1 would exceed the maximum 0.4:1 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 - Development Standards to vary the standard. The submission is considered well founded and is supported.

· It is recommended that the application be approved.

RECOMMENDATION

BACKGROUND

On 17 October 2012, Council considered the subject application and resolved that:

1. Consideration of Group Manager’s Report No. PL26/12 be deferred to the 21 November 2012 General Meeting.

2. The Group Manager, Planning Division arrange an onsite meeting for interested Councillors prior to the 21 November 2012 General meeting.

In accordance with Council’s resolution, on 25 October 2012 an on-site meeting was held to discuss the application. The meeting was attended by the owner of the site, two adjoining property owners, Councillors Browne, Russell and Azizi, the Group Manager Planning Division and Manager Assessments.

DISCUSSION

At the on-site meeting, Council officers provided an outline of the application. The applicant was invited to comment on the merits of the applicant and the adjacent property owners outlined their issues should the proposal be progressed. In summary, the following matters were discussed at the meeting:

· The neighbour whose property adjoins the access handle raised concerns regarding possible damage to his property from trucks during construction. The applicant agreed to a condition requiring a dilapidation report to address his concerns.

· The neighbour to the rear raised concerns regarding a future dwelling on the rear lot and potential impacts on privacy. The neighbour was advised that these matters would be addressed in the assessment of any future development application for the proposed vacant allotment and adjacent property owners would be duly notified of the DA when submitted.

· The existing dwelling has a lower level awning that would overhang the right-of-way. The applicant agreed to demolish or remove part of the overhanging awning as a condition of consent. Concern was also raised on safety grounds regarding the doorway (west elevation) that opens directly onto the right-of-way. The owner agreed to either replace the door with a fixed window or close up the doorway.

At the conclusion of the site meeting, it was noted that Planning Report No. PLN26/12 (copy attached) assessing the matter should be referred back to Council for its consideration. The report concludes that based on the planning merits of the case, the application should be approved subject to recommended conditions of consent. Amended conditions of consent are held at Schedule 1 of this report addressing the additional issues raised at the site meeting.

CONCLUSION

The application proposes Torrens title subdivision of 1 allotment into 2 lots. The proposal is consistent with the pattern of subdivision in the locality and with the character of the surrounding area.

The application does not comply with the Hornsby Shire Local Environmental Plan 1984 in respect to Clause 15 ‘Floor Space Ratio’. A State Environmental Planning Policy No. 1 objection to the development standard contained within clause 15 has been submitted. The proposal, when taking into consideration the State Environmental Planning Policy No. 1 objection, is considered to be acceptable.

In response to the issues raised at an on-site meeting on 25 October 2012, additional conditions of consent are recommended to minimise disruption to the amenity of adjoining properties.

Having regard to the circumstances of the case, approval of the application is recommended, pursuant to State Environmental Planning Policy No. 1.

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 - Development Assessment

Planning Division

James Farrington

Group Manager

Planning Division

1.View	Locality Plan
2.View	Subdivision Plan
3.View	Planning Report No. PL26/12

File Reference: DA/177/2012

Document Number: D02044054

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.*	*Title*	*Drawn by*	*Dated*
5357 Issue C	Plan of Proposed Subdivision	SDG Land Development Solutions	July 12

Document Title	Prepared by	Dated
Statement of Environmental Effects Ref: 5357	SDG Land Development Solutions	29 November 2011
Bushfire Hazard Assessment Report Ref No. 120830	Building Code and Bushfire Hazard Solutions Pty Ltd.	27 April 2012
Tree Site Plan [D01901654]	Amended by Hornsby Shire Council	11 April 2012

2. Removal of Existing Trees

This development consent only permits the removal of tree numbered 1 as identified on the Tree Site Plan amended by Hornsby Shire Council dated 11 April 2012. The removal of any other trees requires separate approval under Council’s Tree Preservation Order.

REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

3. Building Code of Australia

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

4. 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.

5. Stormwater Drainage

a) An inter-allotment stormwater drainage system to service the proposed lot with pits being constructed in situ.

b) The inter-allotment stormwater drainage system shall connect the dwellings with the Council controlled drainage system in the sag in the driveway drainage system.

c) The sag point of the driveway shall incorporate a concrete pipe or culvert and headwall drainage system to pass a 20 year design storm flow of 0.54m³/s under the driveway (pipe fully unblocked).

d) The driveway levels in the sag area at least shall be at or below existing ground levels to ensure the passing of rare storm flows over the driveway to reduce risk of flooding during rare events.

e) The roof and stormwater drainage system from the existing dwelling to be connected to the proposed inter-allotment drainage system.

6. 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 Lyne Road alignment be obtained from Council.

b) The driveway be designed and constructed as a rigid pavement in the existing access handle and to the extent of the proposed Right of Access to service Lot 2.

c) A vehicle turning area in Lot 2 at the end of the Right Of Access shall be designed and constructed to permit all vehicles to enter and leave Lot 2 in a forward direction.

d) The driveway pavement be a minimum 3 metres wide, 0.15 metres thick reinforced concrete with SL72 steel reinforcing fabric and a 0.15 metre sub-base.

e) Driveway levels shall be constructed to ensure they are at or below existing ground levels in the sag area of the driveway handle, to allow the passing of rare overland flow storm events over the driveway. A longitudinal section of the proposed driveway, showing existing ground and design driveway levels shall be submitted with the construction plans.

f) The driveway design incorporates a sharp right-angle bend and must accommodate the swept out turning path of all vehicles that are reasonably expected to service the site for construction work and removals.

g) The minimum clear width of the Right of Access shall be 3.0 m. Infringing overhangs shall be removed where required and landscaping accommodated into the balance of available area. Details, modifications as required shall be indicated on construction plans.

h) The pavement shall have a kerb to one side and a one-way cross fall with a minimum gradient of 2 percent, with kerb inlet pits provided on grade and at low points. The driveway cross falls shall be designed to grade water away from the floor levels of the existing dwelling.

i) Conduit for utility services including electricity, water, gas and telephone be provided and shown on construction plans.

7. Vehicular Crossing

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

b) The footway area to be restored by turfing.

8. Traffic Control Plan

a) Arrangements for public notification of the works.

b) Temporary construction signage.

c) Vehicle movement plans.

d) Construction Traffic management plans.

9. Dilapidation Report

A ‘Dilapidation Report’ is to be prepared by a ‘chartered structural engineer’ detailing the structural condition of Lot 5 DP 26088, No. 23 Lyne Road Cheltenham.

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

10. Erection of Construction Sign

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

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

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

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

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

11. Protection of Adjoining Areas

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

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

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

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

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

12. Toilet Facilities

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

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

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

13. Erosion and Sediment Control

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

REQUIREMENTS DURING CONSTRUCTION

14. 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.

15. Demolition

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

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

16. Environmental Management

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

17. Works Near Trees

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

All works (including driveways and retaining walls) within 4 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).

18. Council Property

During construction works, no building materials, waste, machinery or related matter is to be stored on the road or footpath. The public reserve is to be kept in a clean, tidy and safe condition at all times.

19. Disturbance of Existing Site

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

REQUIREMENTS PRIOR TO THE ISSUE OF A SUBDIVISION CERTIFICATE

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

20. Sydney Water – s73 Certificate

A s73 Certificate must be obtained from Sydney Water.

21. 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.

22. Creation of Easements

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

a) A right of access and easement for services over the access corridor.

b) An inter-allotment drainage easement(s) over each of the burdened lots.

c) The creation of a “Positive Covenant” over the proposed Lot 2 requiring that any future development is to provide an on-site detention system. The on-site detention system is to have a storage capacity of 5 cubic metres and a maximum discharge of 8 litres per second into Council’s drainage system in accordance with Council’s prescribed wording.

d) The creation of a “Positive Covenant” over proposed Lots 1 and 2 requiring the entire property, be managed as an Inner Protection Area (IPA) as outlined within Section 4.1.3 and Appendix 5 of ‘Planning for Bushfire Protection 2006’ and the NSW Rural Fire Service’s document ‘Standards for asset protection zones’.

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

23. Works as Executed Plan

A works-as-executed plan(s) must be prepared by a registered surveyor and submitted to Council for completed road assets, internal pavements, kerb & gutter, drainage systems, driveways and service conduits.

24. Boundary Fencing

Fencing must be erected along all property boundaries behind the front building alignment to a height of 1.8 metres.

Note: Alternative fencing may be erected subject to the written consent of the adjoining property owner(s).

25. Maintain Canopy Cover

To maintain canopy cover, 2 medium to large trees selected from Council’s booklet ‘Indigenous Plants for the Bushland Shire’ are to be planted on the subject site. The planning location shall not be within 4 metres of the foundation walls of a dwelling or in-ground pool. The pot size is to be a minimum 25 litres and the tree(s) must be maintained until they reach the height of 3 metres. Trees must be native to Hornsby Shire and reach a mature height greater than 10 metres.

26. Deletion of Door on Western Elevation of Existing Dwelling

The existing door located on the western elevation of the existing dwelling at ground floor level is to be replaced with a fixed window or infilled to prevent egress from the dwelling onto the right-of-way.

27. Deletion of Awning on Western Elevation of Existing Dwelling

The existing awning located on the western elevation of the existing dwelling at ground floor level is to be demolished to ensure that there is no overhang/ encroachment within the right-of-way.

28. s94 Infrastructure Contributions

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

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

It is recommended that you contact Council to confirm the value of the contribution prior to payment.

GENERAL TERMS OF APPROVAL - NSW RURAL FIRE SERVICE

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

29. Asset Protection Zones

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

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

30. Access

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

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

31. Design and Construction

The existing building on proposed Lot 1 is required to be upgraded to improve ember protection. This is to be achieved by enclosing all openings (excluding roof tile spaces) or covering openings with a non-corrosive metal screen. Where applicable, this includes any sub floor area, openable windows, doors, vents weepholes and eaves.

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

- END OF CONDITIONS –

ADVISORY NOTES

Environmental Planning and Assessment Act, 1979 Requirements

The Environmental Planning and Assessment Act, 1979 requires:

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

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

· Mandatory inspections of nominated stages of the construction inspected.

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

Tree Preservation Order

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

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

Covenants

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

Subdivision Certificate Requirements

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

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

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

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

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

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

Fees and Charges - Subdivision

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

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: