Agenda of General Meeting - 19 December 2012

Planning Report No. PL6/12

Date of Meeting: 19/12/2012

8 DEVELOPMENT APPLICATION - FIVE STOREY RESIDENTIAL FLAT BUILDING COMPRISING 32 UNITS - 231 AND 233 CARLINGFORD ROAD, CARLINGFORD

EXECUTIVE SUMMARY

DA No:	DA/542/2012 (Lodged 1 June 2012)
Description:	Demolition of existing structures and construction of a five storey residential flat building comprising 32 units, basement car parking and strata title subdivision
Property:	Lot 4 DP 31556, Lot 3 DP 31556, Nos. 231 and 233 Carlingford Road, Carlingford
Applicant:	Australian Consultant Architects
Owners:	Mr K Rahmanian-Koshkaki, Ms G Niktavakoli, Mr G Abel, Mrs S Abel
Estimated Value:	$6,895,365
Ward:	C

· The application proposes the demolition of existing structures and construction of a five storey residential flat building comprising 32 units, basement car parking and strata subdivision.

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

· Two submissions from two nearby properties owners were received in respect of the application.

· It is recommended that the application be approved.

RECOMMENDATION

THAT Development Application No. 542/2012 for the demolition of existing structures and the construction of a five storey residential flat building comprising 32 units, basement car parking and strata title subdivision at Lot 4 DP 31556, Lot 3 DP 31556, Nos. 231 and 233 Carlingford Road, Carlingford be approved subject to the conditions of consent detailed in Schedule 1 of Group Manager’s Report No. PL6/12.

BACKGROUND

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

THE SITE

The site comprises Nos. 231 and 233 Carlingford Road, Carlingford. The site has an area of 1,764.10 square metres and is located on the southern side of Carlingford Road. The site is rectangular in shape, with a 33 metres frontage to Carlingford Road and a depth of 54 metres.

The site has a cross fall towards Carlingford Road in a north-easterly direction with an average grade of 3%. A Council drainage easement traverses the site from the site’s south-western corner to the north-eastern corner. The site is identified as flood prone land.

Each allotment comprising the development site contains a single storey dwelling-house of brick and tile roof construction. A number of trees are located within the development site, none of which are identified as significant.

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. The site is located within close proximity to Carlingford Court shopping centre located on the northern 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 32 dwellings, basement car parking and strata title subdivision.

The unit configuration includes 5 x 1 bedroom units, 16 x 2 bedroom units and 11 x 3 bedroom units. The units include balconies fronting the street, rear and side setbacks.

The development would be accessed from Carlingford Road via a driveway located adjacent to the eastern boundary of the site. A separate pedestrian entry is located on the Carlingford Road frontage of the site. A total of 40 residential spaces and 8 visitor’s parking spaces are proposed in two basement levels.

ASSESSMENT

The development application has been assessed having regard to the ‘Metropolitan Plan for Sydney 2036’, the ‘North Subregion (Draft) Subregional Strategy’ and the matters for consideration prescribed under Section 79C of the Environmental Planning and Assessment Act 1979 (the Act). The following issues have been identified for further consideration.

1. STRATEGIC CONTEXT

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

The Metropolitan Plan for Sydney 2036 is a broad framework to secure Sydney’s place in the global economy by promoting and managing growth. It outlines a vision for Sydney to 2036; the challenges faced, and the directions to follow to address these challenges and achieve the vision. The Draft North Subregional Strategy acts as a framework for Council in its preparation of the Comprehensive LEP by the end of 2012.

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

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

· Housing stock to increase by 11,000 dwellings.

The proposed development would be consistent with the draft Strategy by providing an additional 30 dwellings and would contribute towards housing choice in the locality.

2. STATUTORY CONTROLS

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

2.1 Hornsby Shire Local Environmental Plan 1994

The subject land is zoned Residential 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.

Clause 15 of the HSLEP prescribes 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 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. Therefore, no further assessment in this regard is necessary.

2.2 Draft Comprehensive Hornsby Local Environmental Plan

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

2.2.1 Zoning

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

2.2.2 Height of Building

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

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

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

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

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

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

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

2.4.1 Principle 1 - Context

Design Principle 1 is as follows:

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

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

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.

The ‘Design Verification Statement’ submitted with the application states that the proposal responds to the desired future character of the precinct as envisaged by Council. Once the precinct is redeveloped, the development would integrate with the surrounding sites and would be in keeping with the desired urban form. 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 scale of the development is in keeping with the objectives of Council’s planning controls in terms of building height, width, setbacks and building envelope. The scale of the development is considered appropriate for the site and consistent with the desired future character of the precinct.

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 building is appropriately articulated to minimise the perceived scale and to add to the visual interest of the development. 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 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 a BASIX Certificate for the proposed development. In achieving the required BASIX targets for sustainable water use, thermal comfort and energy efficiency, the proposed development achieves the design criteria.

2.4.5 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 application includes a landscape plan providing landscaping along the front, side and rear boundaries. Large trees proposed along the frontage would soften the appearance of the development when viewed from the street. Deep soil zones are provided around the building envelope which would enhance the development’s natural environmental performance and provide an appropriate landscaped setting.

2.4.6 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 proposed unit are designed to achieve natural ventilation, solar access and acoustic privacy. All units incorporate balconies accessible from living areas and privacy has been achieved through appropriate design. Adequate storage has been provided within units and within the basement levels. The proposal would provide convenient and safe access to the development via a central lift connecting the basement and all other levels. The application is supported with respect to this Principal.

2.4.7 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.

Design initiatives have been included in the proposal to optimise safety and security. The development includes the provision of a security roller door to secure the residential parking area; a ‘swipe card’ security system for access to the main foyers and upper level residential units; lighting for the front access doors; and low level lighting to be integrated into the communal landscaped areas. Apartment layouts optimize occupant surveillance by orienting habitable spaces and rooms with outlook over the communal areas. The application is supported with respect to this Principal.

2.4.8 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 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 adaptable housing to meet the needs of the community. The application is supported in respect to this Principle.

2.4.9 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 proposed building facade is articulated to break into smaller elements. The combination of varied materials, colour selection and surface articulation provide for contemporary design consistent with the design principles contained within the RFDC. The aesthetic quality of the building contributes to the desired future character of the precinct.

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	25%	25%	Yes
Communal Open Space	30%	25-30%	Yes
Minimum Dwelling Size	1 br – 50m² 2 br –73m² 3 br – 91m²	1 br – 50m² 2 br – 70m² 3 br – 95m²	Yes Yes No
Maximum Kitchen Distance	9m	8m	No
Minimum Balcony Depth	2.5m	2m	Yes
Cross Ventilation	60%	60%	Yes
Adaptable Housing	30%	10%	Yes
Ceiling heights Residential floors	2.7m	2.7m (Min)	Yes
Total Storage area	1 br - > 6m³ 2 br - > 8m³ 3 br - > 10m³	6m³ (Min) 8m³(Min) 10 m³ (Min)	Yes Yes Yes

As detailed in the above table, the proposed development complies with the Residential Flat Design Code (RFDC) other than the maximum kitchen distance and minimum dwelling size requirements. 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. The unit layouts would provide for housing choice and a range of household types.

Three of the proposed units do not satisfy with the minimum floor area requirements prescribed by the RFDC. A minimum floor area of 95 square metres is required for three bedroom units. Unit G.7 comprises a floor area of 91 square metres, whilst units 1.7 and 2.7 comprise a floor area of 93 square metres. These units are dual aspect apartments located within the front north-western corner of the development and have been designed to achieve solar access and comprise large open space areas. The unit areas are marginally below the recommended unit areas and are considered acceptable with respect to residential amenity.

The RFDC requires that the back of a kitchen should be no greater than 8 metres from a window. Of the 32 units proposed, six units contain kitchens where the back wall is up to 9 metres from a window. These units offer an open layout with natural ventilation and accordingly, the minor non-compliance is acceptable with respect to residential amenity.

The proposed apartment layouts are functional and satisfy the RFDC requirements for internal privacy, access to sunlight, natural ventilation and acoustic privacy. It is considered that the apartment layout and mix achieve the intent of the best practice requirements of the RFDC and is acceptable in this regard.

2.5.2 Internal Circulation

The proposal includes access to all floors via a lift. The ground floor corridors connect to the communal open space at the rear of the site. The proposal is acceptable with respect to the requirements of the RFDC requirements for internal circulation.

2.5.3 Acoustic Privacy

The internal layout of the residential units is designed such that noise generating areas would mainly adjoin each other. Storage or circulation zones would act as a buffer between units. Bedrooms and service areas such as kitchens, bathrooms and laundries would be grouped together wherever possible. The proposal is consistent with the requirements within the RFDC for acoustic privacy.

2.5.4 Storage

The proposed development includes resident storage areas within the units and the basement in accordance with the minimum requirements prescribed by the RFDC.

2.5.5 Building Separation

The majority of the living areas and all principal balconies would be setback 6 metres from the side boundaries increasing to 9 metres at the top level, facilitating a future building separation of 12 - 18 metres with the adjoining sites in accordance with the RFDC. The building separation and privacy matters are addressed in Section 2.10.10 of this report.

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 RFDC 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

The application has been assessed against the requirements of State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004. The applicant has submitted a BASIX Certificate for the proposed units and is considered to be satisfactory.

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

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

2.8 State Environmental Planning Policy (Infrastructure) 2007

Clause 101 of the Policy applies to the proposed development as the site has frontage to a classified road (Carlingford Road). The Clause prescribes that the consent authority, before granting consent to an application, must be satisfied that safety, efficiency and ongoing operation of the classified road would not be adversely affected by the development. The NSW Roads and Maritime Services (RMS) considered the proposal and raised no objection subject to conditions for vehicular access, truck safety and driveway construction requirements. Council’s traffic and engineering assessment of the proposal has determined that the proposed vehicular access arrangements are acceptable. This matter is further addressed in Sections 2.10.13 and 3.2.2 of this report.

2.9 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005

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

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

The proposed development would have minimal potential to impact on the Sydney Harbour Catchment subject to implementation of recommended conditions.

2.10 Housing Strategy Development Control Plan

The proposed development has been assessed having regard to the 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	33m	30m	Yes
Height	17.5m	5 storeys – 17.5m	Yes
Lowest Residential Floor Above Ground	NW + 1.28m NE + 1.76m SE + 0.69m SW + 0.77m	Max - 1m	No No Yes Yes
Maximum Floorplate Dimension	35m	35m	Yes
Front Setback	10m 8.3m (for 1/3 building length)	10m 8m (1/3 of building length)	Yes Yes
East Side Setback	6m 4m (for 1/3 m length)	6m 4m (1/3 of the building length)	Yes Yes
West Side Setback	6m 4m (for 1/3 of building length)	6m 4m (1/3 of the building length)	Yes Yes
Rear Setback	10m 9m (for 1/3 of building length)	10m 8m (1/3 of building length)	Yes Yes
Top Storey Setback From Ground Floor	1-3m	3m	No
Balcony Setback	Front – 6m Rear – 7m E Side – 4m W Side – 4m	7m front 7m rear 4m side 4m side	No Yes Yes Yes
Underground Parking Setback	Front: 6 - 7.015m Rear: 7m East: 4m West: 4m	7m front 7m rear 4m side 4m side	No Yes Yes Yes
Basement Ramp Setback	2m	2m	Yes
Parking	40 resident car spaces 8 visitor car spaces 8 bicycle spaces	38 resident car spaces 7 visitor car spaces 7 bicycle spaces	Yes Yes Yes
Landscaping	Front – 6-7m Rear – 6m Eastern side – 2-4m Western side – 4m	7m front 7m rear 4m side 4m side	No No No Yes
Private Open Space Min Width 2.5m	1 bed -10 m² 2 bed - 11 m² 3 bed - 15 m²	1 bed- 10m² 2 bed - 12m² 3 bed - 16m²	Yes No Yes
Communal Open Space	30%	25%	Yes
Sunlight Access	72%	70%	Yes
Housing Choice	1 bed - 15.6% 2 bed - 50% 3 bed - 33.3%	1 bed – 10% 2 bed – 10% 3 bed - 10%	Yes Yes Yes
Adaptable Units	30%	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.

2.10.1 Desired Future Character

The proposed building is in accordance with required key principles for the future character of the precinct for well articulated five storey residential flat buildings in garden settings with basement car parking.

2.10.2 Design Quality – SEPP 65

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

2.10.3 Site Requirements

The proposal has been considered with regard to the consolidated development pattern likely to occur within the Carlingford Road Housing Strategy Precinct.

The proposed development subject of this application, combined with another development proposed at Nos. 223-227 Carlingford Road (DA/719/2012), would effectively isolate No. 229 Carlingford Road. No. 229 Carlingford Road adjoins the eastern boundary of the subject site and comprises a single dwelling.

The subject site comprises a Council stormwater drainage easement along the eastern side boundary. Any proposed building work is required to be clear of this easement. The location of the easement constrains the ability of the subject site to consolidate with No. 229 for redevelopment. As a result of this constraint, the isolation of No. 229 is a matter to be addressed in the assessment of DA/719/2012 for Nos. 223-227 Carlingford Road.

2.10.4 Height

The height of the proposed building is in accordance with the 17.5m maximum building height requirement for five storey development. The height of the lowest residential floor above the natural ground level is proposed to be 1.76 metres in the north-eastern corner and 1.26 metres within the north-western corner of the development, which exceeds the 1 metre requirement of the ‘Height’ element. The site is a flood affected lot and the floor levels are required to be elevated 500mm above the 1 in 100 year flood level to protect against flooding. The height of the lowest residential floor (RL 112.65) is in accordance with the minimum floor levels recommended in the flood study submitted with the application. Having regard to the flooding constraints and Council’s engineering assessment of the proposal, the non compliance with the prescriptive measure is supported. The height of the ground level is considered to be acceptable with respect to the streetscape given that landscaping would soften the appearance of the building from the street and sufficient articulation has been incorporated into the building design.

2.10.5 Setbacks

In accordance with the prescriptive measures of the ‘Setbacks’ element, balconies and basements are required to be setback 7 metres from the front and rear boundaries. The balcony for unit G.1 and a section of the basement directly below, located within the north-eastern section of the development, are proposed to be setback 6 metres from the front boundary and therefore, are not consistent with this measure. The balcony encroachment is for a width of 4.7 metres (being 1/5 of the building width), whilst the basement encroachment is for a width of 6 metres (representing 1/4 of the building width).

The balcony encroachment is considered acceptable given that landscaping in front of the unit would screen the balcony from the street. The basement encroachment is minor with respect to the 33 metre site width and it is considered that sufficient area for landscaping and deep soil planting would be achieved. The remainder of the development complies with Council’s setback requirements and it is considered that the proposal achieves the desired outcomes for articulated built forms and provision for landscaping.

Minor sections of unit Nos. 4.1, 4.2, 4.3 and 4.4 (all upper floor units) do not comply with the prescriptive measure of the ‘Setbacks’ element that requires the exterior wall of the top most storey to be setback 3 metres from the exterior wall of the lowest storey. The encroachments are confined to the side elevations of the building, whilst the front and rear elevations of the building satisfy the 3 metre top setback measure. The encroachments are considered to be negligible from the east and west as the proposed building provides the required separation from the adjoining properties. The majority of the development complies with this setback measure and the development provides for an articulated built form with reduced bulk on the top floor.

The mailbox is proposed to be setback 1 metre from the front boundary adjacent to the entrance path to the building. This is inconsistent with Council’s prescriptive measure requiring mailboxes to be setback 2 metres. Planting along the site’s frontage would screen the mailbox area from the street and the location of the mailbox is considered acceptable in this regard.

The overall intent of the ‘Setbacks’ element is achieved given that the proposal includes a well articulated built form that is set back to achieve landscaping, open space and separation between dwellings. The non-compliances are considered acceptable in this regard.

2.10.6 Landscaping

The ‘Landscaping’ element of the Housing Strategy DCP prescribes that a 7 metre wide landscaped area is to be provided at the front and rear of the development and a 4 metre wide landscaped area is provided along the side boundaries.

A 7 metre wide landscaped area is achieved in the front setback apart from a section where the balcony of unit G.1 encroaches to 6 metres (as discussed in Section 2.10.5 of this report). The front landscaped area comprises hard stand areas, retaining walls and a nominated location for an electricity substation, which limits the area available for deep soil planting. The applicant submits that the location of the path from the street to the building entry is necessary to achieve the gradients required for disabled access. It is also submitted that the retaining walls proposed are necessary and have been designed to contain the overland flow path in the event of a flood. As for the nominated location of the electrical substation at the front of the building, the applicant submits that relocating this to the side of the development is not feasible due to flooding constraints. Notwithstanding, an electrical substation may not be required for the development, in which case the nominated area will be landscaped. Despite the extent of hard stand areas proposed, it is considered that reasonable provision has been made for deep soil areas to accommodate mature canopy trees and achieve a landscape setting.

The Council drainage easement that traverses the site is proposed to be relocated in part to the rear and eastern side boundary of the site. Retaining walls proposed along the side and rear boundaries have been designed in accordance with the flood report to contain the overland flow path. The landscape plan submitted with the application demonstrates that shrubs and trees would be established within the side and rear setbacks to achieve a landscape setting.

The submitted landscape plan includes a range of plant species including Angophora costata (Smooth barked apple), Elaeocarpus reticulates (Blue berry ash) and Eucalyptus maculata (Spotted gum). A condition is recommended for the four proposed Eucalyptus maculata (Spotted gum) proposed within the rear of the site to be replaced with four Angophora costata (Sydney Red Gum) evenly spaced plus three Tristaniopsis laurina (Watergum) located in between. Conditions for the planting of additional locally indigenous species are recommended within the side and front landscaped areas. Subject to conditions and on-going maintenance of the landscaped areas, the development would achieve a landscape setting and that is generally consistent with the desired future character of the precinct. The proposal is assessed as acceptable with respect to the ‘Landscaping’ element.

2.10.7 Floorplates and Separations

The proposed building has an 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.

2.10.8 Articulation

The articulation of the building facades has been achieved by stepping 50% of the front façade and including vertical panels generally no greater than 8 metres wide. The proposal includes indentations on the side elevations to create the appearance of two separate building pavilions. The design includes the provision of wrap around balconies, a flat roof and a varied use of colours and materials to break up the built form. The proposed building complies with the Housing Strategy DCP articulation prescriptive measures and meets the key principles for built form within the Carlingford Road precinct.

2.10.9 Open Space

The proposed units comply with the open space areas prescribed by the ‘Open Space’ element of the Housing Strategy DCP, apart from units G.1, 1.3 and 2.3.

Unit G.1 is a two bedroom unit that requires a 12 m²open space area with a minimum dimension of 2.5m. The principal balcony of G.1 is 11 m²with a minimum dimension of 2.5m. Unit G.1 incorporates a secondary balcony off a bedroom that is 6 square metres in area with a minimum dimension of 2 metres. The 1 m²short fall of the principal balcony area is not significant and the open space areas proposed are considered sufficient to meet user requirements.

Units 1.3 and 2.3 are three bedroom units that require 16 m²of open space with a minimum dimension of 2.5m in accordance with Council’s prescriptive measures. The units include a principal balcony 15 m²in area with a minimum dimension of 2.5 metres and a secondary balcony accessible from the living area with an area of 9 m²with minimum dimension of 2.2 metres. The separate open space areas would both be accessible from living areas and are considered sufficient to meet user requirements.

The proposal provides for a communal open space within a landscaped area at the rear of the building in accordance with the DCP requirements. The proposed private and communal open space areas would provide for a range of outdoor activities and maximise useable outdoor space.

2.10.10 Privacy

The majority of the living areas and all principal balconies would be setback 6 metres from the side boundaries increasing to 9 metres at the top level, facilitating a future building separation of 12 - 18 metres with the adjoining sites in accordance with the RFDC and the ‘Privacy element’ of the Housing Strategy DCP.

Units on the ground level include balconies and living areas setback 4 metres from the side boundaries. The ground floor balconies on the western elevation would be screened by boundary fencing and are considered satisfactory in respect to setbacks and landscaping. The ground floor units at the eastern elevation are elevated to the adjoining site. The balconies of units G.1 and G.2 comprise planter boxes to minimise the opportunity for overlooking onto the adjoining property. Windows that are 4 metres from the side boundaries include highlight windows to minimise privacy impacts for adjoining properties.

Levels 1 – 3 of the development include some balconies that are located within the 6 metres of a side boundary and include privacy screening. These balconies provide an open aspect to the north and achieve solar access and natural ventilation to living areas. All windows that are 4 metres from the side boundaries include highlight windows to minimise privacy impacts for adjoining properties.

On level 4, all principal balconies and living areas are setback 9 metres from the side boundaries in accordance with the building separation requirements.

The proposal has been designed to provide reasonable privacy to the adjacent properties and is assessed as satisfactory with respect to the ‘Privacy element’ of the Housing Strategy DCP.

2.10.11 Sunlight and Ventilation

The applicant has submitted solar access diagrams demonstrating compliance of individual units with solar access requirements. As the site is located within a redevelopment precinct, the solar access analysis has taken into account the overshadowing impacts of indicative five storey developments on adjoining sites. The applicant submits that 72% of the units would receive a minimum 2 hours solar access between 9am and 3 pm on June 22nd. Based on Council’s assessment, the proposal would comply with the sunlight access requirements for units under the Housing Strategy DCP and is acceptable in this regard.

The solar access diagrams submitted with the application demonstrate the overshadowing impacts of the development at 9am, 12pm and 3pm on June 22^nd. The proposed building would overshadow a portion of the western adjoining property, No. 235 Carlingford Road, between 9am and midday however, north facing windows would maintain existing solar access. The development would overshadow a small portion of the southern adjoining property, No. 62 and 64 Keeler St, between 11am and 1pm. The development would overshadow a portion of the eastern adjoining property, No. 229 Carlingford Road after 1pm however, the north facing windows of this property would maintain solar access. The overshadowing that would result from the development is considered acceptable with regard to residential amenity and the Housing Strategy DCP prescriptive measures.

2.10.12 Housing Choice

The proposed development includes a mix of one, two and three bedroom dwellings. Four of the units have been designed to be accessible by people with impaired mobility and 6 units have been designed to be adaptable to meet the needs of residents as they age. The ranges of dwelling types and the provision for accessible and adaptable housing satisfy the prescriptive measures of the Housing Strategy DCP.

2.10.13 Vehicle Access and Parking

The proposed basement level car park is over two levels and is accessed via a driveway from Carlingford Road. The proposed car parking provision includes parking for residents, visitors, people with a disability in accordance with the minimum number of car spaces prescribed by the Housing Strategy DCP. The driveway width, ramp gradients and aisle widths have assessed as satisfactory. The basement levels include storage for residents and a bicycle parking area.

The development would allow Small Rigid Vehicle (SRV) access to the upper basement to facilitate garbage collection. The turning area at the upper basement level would allow the SRV to manoeuvre and egress the site in a forward direction. The width of the driveway would allow two way vehicular movement to, and from, the site at all times, thus reducing queuing possibilities on Carlingford Road.

The application was referred to the RMS in accordance with Section 138 of the Roads Act. No objections are raised to the proposal subject to conditions.

2.10.14 Carlingford Road, Carlingford Precinct

The strategy for redevelopment of this precinct is to incorporate five storey residential flat buildings in garden settings with parking in basements. The development would provide for a landscaped setting and a built-form that is consistent with the desired outcome for the Carlingford Precinct.

2.11 Waste Minimisation & Management Development Control Plan (WMMDCP)

The proposed waste management for the development includes a bin storage room on each floor to house two garbage bins and one recycling bin. A site caretaker would be employed and be responsible for moving bins to, and from, the bin storage rooms and the waste collection point within the basement. A garbage chute system has not been included in the proposal however, the provision of garbage rooms on each floor, the waste collection location within the basement and management the waste by a caretaker, have been assessed as an acceptable alternative in this instance. A condition is recommended that requires a caretaker to be employed and responsible for moving bins to, and from, the waste rooms on each level to the waste collection point; washing bins and maintaining waste storage areas; arranging the prompt removal of dumped rubbish; and ensuring all residents are informed concerning the use of the waste management system.

The proposed driveway and basement have been designed to enable a Small Rigid Vehicle for garbage collection to enter and leave the basement in a forward direction and comply with Australian Standard AS 2890.2-2002 Parking Facilities Part 2: Off-street Commercial Vehicle Facilities. The proposed truck parking bay for waste collection is satisfactory for the efficient operation of the waste management system and the operation of the basement car parking spaces.

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.

2.12 Access and Mobility Development Control Plan

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

The development proposes continuous barrier free access to all floors via a lift and complies with the requirements of the Housing Strategy DCP with regard to the provision of adaptable and accessible units. The disabled car spaces within the basement levels are designed to comply with AS2890.6 -2009 Parking facilities – Off street parking for people with a disability.

The application is assessed as satisfactory with regard to the Access and Mobility Development Control Plan.

2.13 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. The matter has been discussed in Section 2.10.13 of this report.

2.14 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.

2.15 Section 94 Contributions Plan

Council’s Section 94 Plan applies to the development as it would result in 30 additional residential units. Accordingly, the requirement for a monetary Section 94 contribution is recommended as a condition of development consent.

3. ENVIRONMENTAL IMPACTS

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

3.1 Natural Environment

The proposed development would necessitate the removal of exotic trees from the site that are not protected under Council’s Tree Preservation Order.

A landscape plan has been submitted with the application that includes a range locally native plant species to achieve canopy trees, a shrub layer and ground covers. The landscaping of the site has been discussed in Section 2.10.6 of this report. Subject to conditions and on-going maintenance of the landscaped areas, the development would achieve a landscape setting and would be acceptable with respect to the natural environment.

3.2 Built Environment

3.2.1 Built Form

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

3.2.2 Traffic

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.

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.

A Traffic and Parking Impact Assessment prepared by McClaren Traffic has been submitted with the proposal. The report concludes that the Level of Service (LoS) for Carlingford Road and the nearby intersections would be negligibly affected by the traffic generated due to the proposed development (17 peak hour vehicular trips). Council’s engineering assessment of the traffic impacts of the development concludes that the proposal is satisfactory.

3.2.3 Noise

The application submits that equipment and machinery used for construction would comply with the relevant Australian Standards with regard to noise emissions. A condition is recommended for an Acoustic Report to be submitted prior to the issue of a Construction Certificate addressing the impact of noise and vibration arising from the demolition, excavation and construction works associated with the development on the locality. The report is to include any recommendations to mitigate adverse impacts on the neighbouring properties due to noise generated by building works. Subject to fulfilment of this condition, the proposed development would not have any adverse impact on the built environment due to noise.

3.2.4 Stormwater Management

The application proposes the relocation and reconstruction of the Council storm water drainage easement that traverses the site. The relocated drainage easement is to be located along the rear and side eastern boundary of the site. Storm water from the proposed development would be connected to Council’s street drainage system via an on-side detention (OSD) system. The proposed re-construction of Council’s drainage easement and the method of storm water drainage from the development is assessed as satisfactory subject to recommended conditions of consent.

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 direct access to retail, business, recreational, health and educational facilities for future residents.

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”.

4.1 Flooding

The site comprises a Council drainage easement and is subject to flood risk. The application proposes to re-align the drainage easement to the rear and eastern boundary to accommodate the proposed development. A flood study was submitted with the application and the application has demonstrated that the proposed development has been designed to minimise the potential impacts of flooding.

The site is not identified as bushfire prone land. The site’s attributes are conducive to 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

The proposed development was placed on public exhibition and was notified to adjoining and nearby landowners between 3 June 2012 and 4 July 2012 in accordance with Council’s Notification and Exhibition Development Control Plan. During this period, Council received two submissions. The map below illustrates the location of those landowners who made a submission.

NOTIFICATION PLAN

• PROPERTIES NOTIFIED

X SUBMISSIONS

RECEIVED

PROPERTY SUBJECT OF DEVELOPMENT

Amended plans were received and were notified to the eastern adjoining property between 10 October 2012 and 24 October 2012. A submission was received from property owner raising the same matters of concern as were outlined in the owner’s original submission.

The two submissions received object to the development, generally on the following grounds:

· Traffic congestion, safety concerns at intersections.

· Inadequate parking for residents on site.

· Garbage collection from Carlingford Road and storage of bins on the road side is not practical.

· The scale and height of the development is out of character with the area.

· Loss of solar access for adjoining properties.

· Unacceptable impacts on privacy for adjoining properties.

· Acoustic impacts in relation to construction works.

· Acoustic impacts in relation to an increase in the number of residents and the increase in vehicles entering and leaving the site.

· Loss of development potential of an isolated site.

A submission received for two other proposed multi-unit housing developments in Keeler Street (DA/587/2012 and DA688/2012) referenced the subject application at Nos. 231 and 233 Carlingford Road. The submission objected to the development on the grounds that vehicular access should be via a rear lane and not Carlingford Road.

The merits of the matters raised in community submissions are addressed in the body of the report with the exception of the following:

5.1.1 Vehicular Access from Carlingford Road.

Council’s Housing Strategy DCP does not require the provision of a rear lane for vehicular access to developments within the Carlingford Road precinct. The key principles diagram for the Carlingford Road precinct promotes vehicular access from local streets including Hepburn and Keeler Street. Where this cannot be achieved the Housing Strategy DCP promotes the consolidation of vehicle entrances from Carlingford Road. Council’s assessment of the traffic impacts of the development and an assessment by RMS has concluded that the proposed driveway from Carlingford Road to access the site is acceptable.

5.2 Public Agencies

The application was referred to the following Agencies for comment:

5.2.1 Roads and Maritime Services

The application was referred to the Roads and Maritime Services (RMS) for comments under the provisions of Section 138 of the Roads Act 1993. The RMS has raised no objections subject to the implementation of recommended conditions of consent.

6. THE PUBLIC INTEREST

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

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

The application is considered to have satisfactorily addressed Council’s 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 32 dwellings, basement car parking and strata title subdivision.

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

The proposal would result in a development this is compatible with the desired future character of the Carlingford Road housing strategy precinct.

Approval of the application is recommended.

Note: At the time of the completion of this planning report, no persons have made a Political Donations Disclosure Statement pursuant to Section 147 of the Environmental Planning and Assessment Act 1979 in respect of the subject planning application.

Rod Pickles

Manager - Development Assessment

Planning Division

James Farrington

Group Manager

Planning Division

Attachments:

1.View	Locality Map
2.View	Site Plan
3.View	Floor Plans
4.View	Elevations and Section Plan
5.View	Shadow Diagram
6.View	Landscape Plan

File Reference: DA/542/2012

Document Number: D01950063

SCHEDULE 1

GENERAL CONDITIONS

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

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

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

1. Approved Plans and Supporting Documentation

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

*Plan No.*	*Rev*	*Drawn by*	*Dated*
C4.0 – Site Plan	C	Australian Consulting Architects	November 2012
C5.1 – Basement 1 Plan	C	Australian Consulting Architects	November 2012
C5.0 – Basement 2 Plan	C	Australian Consulting Architects	November 2012
C5.2 – Ground Floor Plan	C	Australian Consulting Architects	November 2012
C5.3 – First Floor Plan	C	Australian Consulting Architects	November 2012
C5.4 – Level 2 Floor Plan	C	Australian Consulting Architects	November 2012
C5.5 – Level 3 Floor Plan	C	Australian Consulting Architects	November 2012
C5.6 – Level 4 Floor Plan	C	Australian Consulting Architects	November 2012
C5.7 – Roof Plan	C	Australian Consulting Architects	November 2012
C7.0 – Section A-A	C	Australian Consulting Architects	November 2012
C6.0 – Elevations	C	Australian Consulting Architects	November 2012
C6.1 – Elevations	C	Australian Consulting Architects	November 2012
C7.1 – Section – Swale Designs	C	Australian Consulting Architects	November 2012
C9.0 – Accessible and Adaptable Units	C	Australian Consulting Architects	November 2012
C9.1 – Adaptable Units	C	Australian Consulting Architects	November 2012
C10 – (privacy screen detail)	C	Australian Consulting Architects	November 2012
AF.1 – Schedule of Finishes	A	Australian Consulting Architects	May 2012
L-01/2 – Landscape Plan	B	Ray Fuggle Associates	22 November 2012
L-02/2 – Landscape Plan	B	Ray Fuggle Associates	22 November 2012

*Document No.*	*Prepared by*	*Dated*
Flood Study and Storm Water Management Plan	Martens Consulting Engineers	October 2012
Swept Turning Path Tests	McLaren Traffic Engineering	14 November 2012
Traffic and Parking Impact Assessment	McLaren Traffic Engineering	September 2012
Waste Management Plan	Australian Consultant Architects	30 May 2012
Access Report	Accessibility Solutions	31 May 2012
BASIX Certificate	NSW Department of Planning
ABSA Assessor Certificate
SEPP 65 Design Verification Statement	Australian Consultant Architects	May 2012
SEPP 65 Compliance Analysis – Issue C	Australian Consultant Architects	November 2012
Statement of Environmental Effects	Planning Ingenuity Pty Ltd	25 May 2012
CZ.0 – CZ.4 – Solar Access Analysis - Issue C	Australian Consultant Architects	November 2012

2. Removal of Existing Trees

This development consent only permits the removal of trees identified on the approved Landscape Plan No. L-02/2 prepared by Ray Fuggle Associates dated 22 November 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. 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.

5. Water/Electricity Utility Services

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

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

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

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

6. Accessible Units

The details of fit-outs of all accessible units (Unit G.2, 1.2, 2.2 and 3.2) and details of adaptable units must be provided with the Construction Certificate Plans.

7. Dilapidation Report

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

8. Triangular Island

Details of the design of the triangular island as required by RMS and specified in Condition No. 54 of this development consent must be submitted to the RMS for approval.

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

b) The footway area to be restored by turfing.

c) The concurrence and approval of the RMS is required prior to the approval of the access crossing. Details of the RMS approval are to be submitted with the application.

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.

10. 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 the existing Council piped drainage system.

b) The existing drainage system is to be removed and reconstructed generally in accordance with the Martens and Associates Flood Study dated May 2012.

c) Council’s drainage system be piped to contain the 20 year Average Recurrence Interval storm event with an overland flow provided above it.

d) All stormwater drainage pits in the public drainage system being constructed in situ.

e) A separate application for the reconstruction of the stormwater drainage is to be submitted for approval to Hornsby Shire Council. No work is to occur on site until such time as the Council has approved the reconstruction of the public drainage system.

11. On Site Stormwater Detention

An on-site stormwater detention system must be designed and constructed in accordance with Council’s Civil Works – Design and Construction Specification 2005 and the following requirements:

a) Have a capacity of not less than 20m³ and a maximum discharge (when full) of 59 litres per second.

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

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

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

Note: A Construction Certificate must be issued for these works.

12. 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 requirement:

a) Design levels at the front boundary be obtained from Council and the RMS prior to the issue of a Construction Certificate.

13. Construction Traffic Management Plan

A Construction Traffic Management Plan is to be submitted and approved by Hornsby Shire Council detailing construction management routes, number of trucks, hours of operation, access arrangements and traffic control. The traffic control plans is to be approved by the RMS prior to Council’s approval of the plan.

14. Traffic Control Plan

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

a) Arrangements for public notification of the works.

b) Temporary construction signage.

c) Permanent post-construction signage.

d) Vehicle movement plans.

e) Traffic management plans.

f) Pedestrian and cyclist access/safety.

15. Car Parking and Deliveries

All car parking must be constructed and operated in accordance with Australian Standard AS 2890.1 – 2004 – Off Street Car Parking and Australian Standard 2890.2 - 2002 – Off Street Commercial and the following requirement:

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

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

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

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

16. Acoustic Report

An Acoustic Report is to be submitted prior to the Principal Certifying Authority addressing the impact of noise and vibration arising from the demolition, excavation and construction works associated with the development on the locality. The report is to include any recommendations to mitigate adverse impacts on the neighbouring properties due to noise generated by building works.

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

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

20. 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

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.

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.

23. 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.

24. Street Sweeping

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

25. 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.

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 of Regional road.

27. 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.

28. 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.

29. 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.

30. Works Near Trees

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

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. Waste Management Details

Waste management during the demolition and construction phase of the development must be undertaken in accordance with the approved Waste Management Plan. Additionally, written records of the following items must be maintained during the removal of any waste from the site and such information submitted to the Principal Certifying Authority within fourteen days of the date of the 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 OR SUBDIVISION CERTIFICATE

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

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. Footpath

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

a) The existing footpath being removed.

b) Pouring of the concrete footpath across full frontage of the subject site in Carlingford Road.

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

Note: A Construction Certificate must be issued for these works.

36. Creation of Easements

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

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

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

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

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

37. Garbage Collection Easement

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

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

38. 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.

39. Waste Management

The following waste management requirements must be complied with:

a) The bin placement area at the basement level must include water or a hose for cleaning, graded floors with drainage to sewer, sealed and impervious surface, adequate lighting and ventilation. The bin rooms at each residential level must include 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 was not achieved in the Demolition and 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 and 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 3.5 metre clearance height within the truck travel path must not be reduced by ducting, pipes or anything else.

40. Planter Boxes / on Slab Planting

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

41. Landscaping - Boundary Screen Planting

Additional boundary screen planting is required along the front, sides and rear boundary as detailed below:

a) Planting within the front landscape setback areas along Carlingford Road must include three additional Tristaniopsis laurina (Watergum). Trees shall be installed at minimum 45 litre pot size.

b) Planting along the eastern boundary within the on grade landscape areas is to include four additional Waterhousia floribunda (Waterhousia) in planter beds. Trees shall be installed at minimum 25 litre pot size.

c) Planting on the western boundary within the on grade landscape areas is to include four additional Waterhoiusia floribunda (Waterhousia) in planter beds. Trees shall be installed at minimum 25 litre pot size.

d) The four proposed Eucalyptus maculata (Spotted gum) proposed within the rear of the site as indicated in the landscape plan, are to be replaced with four Angophora costata (Sydney Red Gum) evenly spaced plus three Tristaniopsis laurina (Watergum) located in between. 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

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.

46. Car Parking Allocation and 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.

47. Section 94 Infrastructure Contributions

The payment to Council of a contribution of $421,127.25 for 30 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 24 November 2012. The contribution will be adjusted from this date in accordance with the underlying consumer price index for subsequent financial quarters.

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

48. 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.

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. The plan(s) must be accompanied by a certificate from a registered surveyor certifying that all pipelines and associated structures lie wholly within any relevant easements.

OPERATIONAL CONDITIONS

50. 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.

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. Waste Management

A site caretaker must be employed and be responsible for moving bins to and from the waste facility on each level and the waste collection point, washing bins and maintaining waste storage areas, 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.

53. Landscape Establishment

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

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.

CONDITIONS OF CONCURRENCE – 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.

55. Swept Path Analysis

The Construction Certificate plans must be submitted and approved by the Roads and Maritime Services (RMS) to demonstrate that the swept path of the longest vehicle including garbage trucks entering and existing the site are in accordance with AUSTROADS.

56. RMS Requirements Prior to Issue of Construction Certificate

a) To allow safe vehicular entry and exit to and from the site, a raised concrete triangular island must be constructed within the access driveway to channelize vehicular movements and restrict the right turn movements into and out of the site. The triangular island must be designed so that the largest vehicle accessing the site can enter and leave from the kerbside lane and does not cross the triangular island or the other side of the access driveway. Details of the design of the island and the swept turning path must be submitted to RMS for approval prior to the issue of the Construction Certificate.

b) A Construction Traffic Management Plan detailing construction vehicular routes, number of trucks, hours of operation, access arrangements and traffic control arrangements associated with the demolition and/or remediation of the site must be submitted to Council and RMS for approval prior to the issue of a Construction Certificate.

c) A Demolition Traffic Management Plan detailing vehicular routes, number of trucks, hours of operation, access arrangements and traffic control arrangements associated with the demolition and/or remediation of the site must be submitted and approved by RMS prior to the issue of the Construction certificate.

57. Works within Easement

a) To allow future access to the easement land and to maintain integrity of the easement, no buildings or structures are permitted to be built within the variable width easement for batter affecting the entire frontage of the property.

Note: RMS has previously dedicated by Government Gazette 28 April 1995, land as road along the Carlingford Road frontage. The subject property is affected by an easement for batter which benefits RMS. RMS has no other approved proposal that requires any other part of the subject property for road purposes.

b) All structures must be clear of the road reserve of Carlingford Road (unlimited in height and depth).

58. Requirements Prior to the Commencement of any Works

Prior to the commencement of any works including demolition and remediation works, the following requirements are to be complied with:

· Detailed design plans for the proposed gutter crossing in accordance with RMS requirements must be submitted to RMS for approval;

Note: The details of RMS requirements must be obtained from RMS’s Project Services Manager, Traffic Projects Section, Parramatta (telephone 8849 2496).

A plan checking fee (amount to be advised) and lodgement of a performance bond may be required from the applicant prior to the release of the approved road design plans by RMS.

· The developer may be required to enter into a Work Authorisation Deed (WAD) for the above mentioned works relating to gutter crossing. The WAD will need to be executed prior to RMS’s assessment of the detailed civil design plans;

· Detailed design plans and hydraulic calculations of any changes to the stormwater drainage system must be submitted to RMS for approval;

Note: Details should be forwarded to:

The Sydney Asset Management

Roads and Maritime Services

PO BOX 973 Parramatta CBD 2124.

A plan checking fee will be payable and a performance bond may be required prior to issue of the approval. With regard to Civil Works requirement please contact RMS’s Project Engineer, External Works on 88462114 or Fax: 8849 2766.

· Detailed design drawings and geotechnical reports related to excavation of the site and support structures to assess the impact of the excavation on the structural stability of Carlingford Road must be submitted to RMS for approval;

Note: The report and enquiries should be forwarded to:

Project Engineer, External Works

Sydney Asset Management

Roads and Maritime Services

PO BOX 973 Parramatta CBD 2124

Telephone 8848 2114

Fax 8849 2766

The developer/applicant is required to pay the assessment cost.

· If it is necessary to excavate below the level of the base of the footings of the adjoining roadways, the person acting on the consent must ensure that the owner/s of the roadway is/are given at least 7 days notice of intention to excavate below the base of the footing. The notice must include complete details of the work.

· Full time “No Stopping” restrictions are to be implanted along the full Carlingford Road frontage of the site (unless already in place);

Note: Prior to installation of the restrictions the applicant must contact RMS’s Traffic Engineering Services on phone: (02) 8849 2928 for a Works Instruction.

59. Conditions to be complied with during Construction Works and Operation of the Site

· All building maintenance vehicles and removalist vehicles must be parked within the site at all times.

· Any proposed landscaping or fencing must not restrict sight distance to pedestrians and cyclists travelling along Carlingford Road.

· During construction works, all demolition and construction vehicles are to be parked wholly within the site and vehicles must enter the site before stopping. A construction zone is not permitted on Carlingford Road.

· All works/regulatory signposting are to be at no cost to RMS.

Note: The applicant/developer is responsible for all public utility adjustment/relocation works, necessitated by the above work and as required by the various public utility authorities and/or their agents.

- 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:

www.environment.nsw.gov.au

www.nsw.gov.au/fibro

www.adfa.org.au

www.workcover.nsw.gov.au

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

House Numbering

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

Planning Report No. PL47/12

Planning Division

Date of Meeting: 19/12/2012

9 DEVELOPMENT APPLICATION - FIVE STOREY RESIDENTIAL FLAT BUILDING COMPRISING 39 UNITS - 447, 449 AND 451 PACIFIC HIGHWAY ASQUITH

EXECUTIVE SUMMARY

DA No:	DA/810/2012 (Lodged 6 August 2012)
Description:	Demolition of existing structures and construction of a five storey residential flat building comprising 39 units and basement car parking.
Property:	Lots 5, 6 and 7 DP 14476 Nos. 447, 449 and 451 Pacific Highway, Asquith.
Applicant:	Mackenzie Architects
Owners:	Mr E. E. Cleveland, Mr K. E. Cleveland; Mr K. E. Lowe and Mrs G. M. Lowe; and Mr D R Witherdin
Estimated Value:	$11,113,300
Ward:	A

· The application proposes the demolition of existing structures and the construction of a five storey residential flat building comprising 39 units and basement car parking.

· 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.

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

· It is recommended that the application be approved.

RECOMMENDATION

THAT Development Application No. 810/2012 for the demolition of existing structures and construction of a five storey residential flat building comprising 39 units and basement car parking at Lots 5, 6 and 7 DP 14476,Nos. 447, 449 and 451 Pacific Highway, Asquith be approved subject to the conditions of consent detailed in Schedule 1 of Group Manager’s Report No. PL4712.

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.

SITE

The site comprises three allotments, Lots 5, 6 and 7 DP 14476, Nos. 447, 449 and 451 Pacific Highway and is located on the western side of the road. The site is irregular in shape and has an area of 2,222m². The site has a 46.3 metre frontage to Pacific Highway and a length of 47.92 metres on the southern boundary and 49.09 metres on the northern boundary. The site has a moderate slope from the north-eastern corner of the site to the south-west (rear).

Existing improvements on the allotments include three dwelling-houses with associated garages and carports. Vehicular access to the site is gained via existing driveways fronting Pacific Highway.

The site contains a number of exotic, native planted and locally indigenous trees.

The surrounding developments include single and two storey residential dwellings. The site is located in close proximity to Asquith Railway Station and the Asquith Commercial precinct.

PROPOSAL

The proposal involves the demolition of all the existing structures within the site and construction of a five storey residential flat building comprising thirty-nine units with two levels of basement car parking.

The unit mix would comprise of 7 x 1-bedroom units, 27 x 2-bedroom units and 5 x 3-bedroom units. The units would be accessed via a lift.

The development would be accessed from Pacific Highway via a driveway located along the southern boundary of the site. A separate pedestrian entry would provide access to the foyer and the lift for vertical circulation. A total of 51 residential car parking spaces, including 8 visitor parking spaces are proposed in two basement levels. The basement levels include car parking spaces for persons with a disability and adaptable spaces.

An electrical substation is proposed on the north eastern corner of the site within the landscaped area fronting Pacific Highway.

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 36 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.

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

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.

The applicant has submitted a design verification statement prepared by a qualified designer stating 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.

The site is located within a precinct zoned for five storey residential flat buildings fronting Pacific Highway, in close proximity to Asquith Railway Station and the Asquith Commercial Precinct. The desired future character of the area, as outlined in Council’s Housing Strategy Development Control Plan, is that of a high density residential precinct incorporating five storey developments in a landscaped setting.

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

The development responds suitably to the ‘context’ principle of SEPP 65, considering the desired future character of the area.

2.4.2 Principle 2 - Scale

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 development is designed in accordance with the setback, building height and articulation requirements of the Hornsby Strategy DCP. The scale of the development is consistent with the desired future character for the precinct of five storey residential flat buildings. The application is assessed as satisfactory in this regard.

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 building is well articulated on each elevation with recessed walls, balcony projections and the use of materials and finishes. A flat roof form has been adopted for the building with an increased setback to minimise bulk and height of the building and to mitigate amenity impacts to adjoining properties. The proposal complies with the built form principle of SEPP 65.

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 proposed development is designed in accordance with the density requirements of the Housing Strategy DCP. The proposal complies with the density principle of SEPP 65.

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 a BASIX Certificate for the proposed 39 dwellings. In achieving the required BASIX targets for sustainable water use, thermal comfort and energy efficiency, the proposed development achieves the design criteria.

2.4.6 Principle 6 – Landscape

Design Principle 6 is as follows:

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

The proposed development also incorporates deep soil planting within the rear setback area. Given the above, the proposal satisfies the intent of the ‘Landscaping’ principle of SEPP 65.

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 proposed units are designed to achieve natural ventilation, solar access, and acoustic privacy. All units incorporate balconies accessible from living areas and privacy has been achieved through appropriate design. Adequate storage has been provided in the units and within the basement levels. The proposal would provide convenient and safe access to the development via a central lift connecting the basement and all other levels. The proposal satisfies the amenity principle of SEPP 65.

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 RFDC requires the preparation of a formal Crime Assessment Report for development that comprises more than twenty residential units. 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. Subject to the imposition of conditions of consent, the proposal is supported in respect of 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.

A reasonable mix of dwelling types and sizes has been proposed complying with the requirements within the RFDC improving the housing choice in the locality. Accordingly, the development is assessed as satisfactory with regard to social dimensions.

2.4.10 Principle 10 – Aesthetics

Design Principle 10 is as follows:

The proposal is generally consistent with the design principles contained within the RFDC. It is considered that the aesthetic quality of the building contributes to the desired future character of the precinct. The building is well articulated and incorporates a variety of materials and finishes including exposed face brick, painted render, metal sheeting, aluminium privacy screens and colorbond roof sheeting.

2.5 SEPP 65 Residential Flat Design Code

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

Residential Flat Design Code
Control	Proposal	Requirement	Compliance
Deep Soil Zone	31%	Min 25%	Yes
Communal Open Space	39%	25-30%	Yes
Ground Level Private Open Space	19.57m² Min Dimension 4m²	25m² Min Dimension 4m²	No Yes
Minimum Dwelling Size	1 br – 67m² 2 br – 81m² 3 br – 108m²	1 br – 50m² 2 br – 70m² 3 br – 95 m²	Yes Yes Yes
Unit depth and maximum Kitchen Distance	8m	8m	Yes
Minimum Balcony Depth	2m	2m	Yes
Ceiling heights - Residential floors	2.7m	2.7m (Min)	Yes
Total Storage area	1 br - > 6m³ 2 br - > 8m³ 3 br - > 10m³	6m³ (Min) 8m³(Min) 10 m³ (Min)	Yes Yes Yes
Dual Aspect & Cross Ventilation	61.5%	60%	Yes
Adaptable Housing	31%	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.

The proposal includes a range of dwelling sizes with one bedroom + study, two bedroom and three bedroom units.

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

2.5.2 Ground Floor Apartments and Private Open Space

All the ground floor units have been provided with 25m² of courtyard space with the exception of unit 4. However, the provision of additional private courtyard area within the side and rear setbacks would compromise the pedestrian access to the building and communal open space provisions for the site.

Notwithstanding the above, the private open space areas for all units comply with the minimum area requirement of the Housing Strategy DCP. The proposed development includes sufficient landscaped communal open space areas to compensate for this non-compliance.

2.5.3 Internal Circulation

The proposed building includes a central lift with five to nine units on the respective levels of the building accessing the lift. The Code’s best practice requires up to eight units per lift. However, it is considered that the location of unit entries and articulation of internal passage ways would ensure appropriate circulation space and amenity.

2.5.4 Acoustic Privacy

The proposed apartment layouts are designed such that noise generating areas would mainly adjoin each other. Storage or circulation zones would act as a buffer between units. Bedrooms and service areas such as kitchens, bathrooms and laundries would be grouped together wherever possible.

The applicant has submitted a Noise and Vibration Assessment report 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 Noise and Vibration Assessment report.

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

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

The application has been assessed against the requirements of State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004. The proposal includes a BASIX Certificate for the proposed units and is considered to be satisfactory.

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

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

2.8 State Regional Environmental Plan No. 20 – Hawkesbury Nepean River

The application has been assessed against the requirements of Sydney Regional Environmental Plan No. 20 (SREP-20). This Policy provides controls to protect the environment of the Hawkesbury-Nepean system, including its water quality. The Plan addresses matters related to water quality, significant vegetation habitats, extraction, environmental heritage and scenic quality, recreation and tourism, and agriculture.

The proposed development includes a stormwater management plan and is consistent with the objectives of the SREP-20 subject to implementation of conditions regarding erosion and sediment control measures on site.

2.9 State Environmental Planning Policy (Infrastructure) 2007

The application has been assessed against the requirements of State Environmental Planning Policy (Infrastructure) 2007. This Policy contains State-wide planning controls for developments adjoining busy roads. The development is located immediately adjoining a classified road corridor (Pacific Highway) and rail corridor. The following matters are required to be considered with the SEPP:

2.9.1 Impact of Noise

Clause 87 of SEPP (Infrastructure) applies to the development as it would be impacted upon by the noise and vibration from the rail corridor and the Pacific Highway. In accordance with the requirements of the SEPP, the application has been assessed against the noise related controls contained within the Department of Planning’s publication “Development near Rail Corridors and Busy Roads – Interim Guidelines”.

The applicant has addressed this requirement by submitting a detailed Noise and Vibration Assessment report. The report provides details of construction techniques and measures to attenuate rail noise and vibration. The report concludes that the development would not exceed the specified noise criteria and L_Aeqlevels within Clause 87 of the SEPP (Infrastructure) subject to adherence to the recommendations and by conditions of Consent.

2.9.2 Development with Frontage to a Classified Road

The proposal has been assessed against the requirements of Clause 101 of SEPP (Infrastructure) as the site has frontage to Pacific Highway and proposes new vehicular access from the road.

The proposed development was referred to the NSW Roads and Maritime Services (RMS) for concurrence under Section 138 of the Roads Act 1993. No objections have been raised regarding the driveway location. Council’s engineering assessment in this regard concludes that the width of the driveway is satisfactory.

2.9.3 Traffic Generating Development

The development is not classified as a Traffic Generating Development in accordance with Clause 104 and Schedule 3 of SEPP (Infrastructure) as it would not result in more than 75 dwellings fronting a classified road. No objections have been raised by RMS with regard to traffic generation.

2.10 Housing Strategy Development Control Plan

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

Housing Strategy Development Control Plan
Control	Proposal	Requirement	Compliance
Site Width	46.27m	30m	Yes
Height	5 storeys – 17.5m	5 storeys – 17.5m	Yes
Lowest Residential Floor Above Ground	0.09m	Max - 1.5m	Yes
Maximum Floorplate Dimension	37.9m	35m	No
Building Indentation	4m x 4m	4m x 4m	Yes
Front Setback	10m 8m (1/3 of building length)	10m 8m (1/3 of building length)	Yes Yes
Northern Side Setback	6m 4m (1/3 of the building length)	6m 4m (1/3 of the building length)	Yes Yes
Southern Side Setback	6m 4m (1/3 of the building length)	6m 4m (1/3 of the building length)	Yes Yes
Rear Setback	10m 8.4m (1/3 of building length)	10m 8m (1/3 of building length)	Yes
Top Storey Setback From Ground Floor	Front - 3m North side - 3m South side – Nil to 3m Rear – 3m	3m 3m 3m 3m	Yes Yes No Yes
Underground Parking Setback	Front & Rear - 7m Sides - 4m	7m 4m	Yes Yes
Balcony setback	Front & Rear - 7m Sides - 4m (min)	7m 4m	Yes Yes
Basement Ramp Setback (6m wide)	2m	2m	Yes
Parking	43 resident spaces 8 visitor spaces 12 bicycle spaces	42 resident spaces 8 visitor spaces 12 bicycle spaces	Yes Yes Yes
Landscaped areas	Front & Rear – 7m wide Sides – 4m wide	7m wide 4m wide	Yes Yes
Private Open Space with Min Width 2.5m	1 br units > 10 m² 2 br units >12 m² 3 br units >30 m²	1 br units 10m² (min) 2 br units 12m² (min) 3 br units 16m² (min)	Yes Yes Yes
Communal Open Space with minimum dimension 2.5m	25%	25%	Yes
Solar Access	71.8%	70%	Yes
Housing Choice	10% of each type	10% of each type (min)	Yes
Adaptable Units	31% (12 units)	30% (12 units)	Yes
Accessible units	10%	10%	Yes

As detailed in the above table, the proposed development does not comply with two of the prescriptive measures within Council’s Housing Strategy DCP. The matters of non-compliance and an assessment of the proposal against the various relevant elements of the Housing Strategy DCP are discussed below.

2.10.1 Site Requirements

The proposed development 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.

2.10.2 Height

The proposed building complies with the 17.5m maximum height limit and is acceptable.

2.10.3 Setbacks

The proposed top floor storey (Fourth Floor) has a varied setback to the required 3m setback to the ground floor exterior wall. The non-compliance is only confined to a portion of the southern side elevation and the proposed development provides the required 3 metre top floor setback on the front, northern side and rear elevations. The encroachment is considered to be negligible as the proposed building provides the required 9 metre separation from the adjoining property to the south.

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.

2.10.4 Landscaping

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

A landscape plan has been submitted demonstrating deep spoil planting areas to be provided within the front and rear setback areas. However, an amended stormwater management plan has been submitted showing the relocation of the proposed onsite detention system from the front setback area to the south-western corner of the site. Accordingly, a condition is recommended requiring the amendment of the landscape plan.

2.10.5 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 2.9m would not detract from the desired pattern of development in the streetscape. In addition, the non-compliance is confined to only a minor rear portion of the proposed building.

The proposed building includes the necessary indentations and individual roofs required to form two separate building pavilions in accordance with the prescriptive measure contained within the Housing Strategy DCP. The proposed development is considered acceptable with regard to the proposed articulation which breaks the massing of the building.

2.10.6 Articulation

The prescriptive measure for articulation which requires at least two steps between the ground level setback and the penthouse façade across 50% of the width of the façade. A 4 storey elevation is permitted across a maximum of 50% of the façade. The proposed building does not include the required stepping of the third floor. The applicant submitted amended plans and the following statement addressing this prescriptive measure:

“The elevations have been designed to meet the articulation controls in Part 1 of the Housing Strategy DCP. This is achieved by the framed elements and wrap around balconies with a recessed balustrade at Level 3 creating a step in the upper levels, noting the penthouse façade is setback a minimum of 3 metres from the level below.

Further, the framing elements, recessed form and balconies ensure that the vertical panels are less than 8 metres in width and the façade elements are not repetitive.”

Notwithstanding the non-compliance, the building complies with the required floorplate lengths/widths and indentation requirements of the Housing Strategy DCP. The indentations would create two separate “building pavilions” rather than a single building mass. This is accentuated by the proposed roof form. The design of the floor plates, the proposed indentations and the articulation of the facades have been assessed as satisfactory.

2.10.7 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.

2.10.8 Privacy

The matters in relation to acoustic privacy of the units have been discussed in detail under “Residential Flat Design Code” in Section 2.5.4 of this report. The proposed design of the building achieves the ‘building separation’ requirements as required by SEPP 65.

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

2.10.9 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 four units to be accessible for people with a disability and for eight dwellings to be adaptable for disabled access.

2.10.10 Solar Access

The applicant has submitted detailed hourly solar access diagrams for elevations demonstrating compliance of individual units with solar access requirements. The applicant submits that 71.8% of the units would receive a minimum 2 hours solar access between 9am and 3 pm during Winter Solstice. Council’s assessment in this regard concludes that the units would comply with the above requirements and the proposal is acceptable in this regard.

The communal area would be orientated towards the northern, western and eastern boundaries. The components of the communal open space located on the eastern and western setbacks would receive 2 hours of solar access between 9am and 3pm during Winter Solstice.

2.10.11 Vehicular Access and Parking

The development proposes two levels of basement for residents and visitors’ car parking with access via a 6 metre wide driveway from Pacific Highway. The driveway width, ramp gradients, aisle widths, location and number of car parking spaces are assessed as satisfactory.

The proposed number of car spaces and visitors’ spaces comply with the requirements of Housing Strategy DCP. In addition, the proposal includes sufficient bicycle spaces in the basement level.

2.11 Waste Management and Minimisation Development Control Plan

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

A garbage room would be provided at the basement level 1 capable of accommodating 10 x 240 litre garbage bins plus 9 x 240 litre recycling bins. Each residential level would include a garbage chute and a recycling bin. The chute would empty into a room with carousel/volume handling equipment. The bins would then be placed in the bin room located at the same level, for servicing. The basement also includes a room for placement of unwanted bulky items awaiting collection.

The proposal is assessed as satisfactory against the provisions of the Waste Management and Minimisation Development Control Plan.

2.12 Access and Mobility Development Control Plan

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 four of the units to be wheelchair accessible units in accordance with AS1428.1 – Design for Access and Mobility.

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

Subject to recommended conditions, the application is assessed as satisfactory with regard to the Access and Mobility DCP.

2.13 Car Parking Development Control Plan

2.14 Sustainable Water Development Control Plan

2.15 Section 94 Contributions Plan

Council’s Section 94 Plan applies to the development as it would result in an additional 36 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 proposed development would necessitate the removal of 20 trees from the site. The trees to be removed are not significant or are exempt from Council’s Tree Preservation Order. The application is supported by an arborist report that assesses existing trees and provides recommendations for the trees to be retained. Council’s assessment of the application with regard to the impact on trees concludes that the proposal is satisfactory.

3.2 Built Environment

3.2.2 Traffic

The applicant has submitted a Traffic and Parking Assessment Report. The report concludes that the proposed development would generate 17 vehicle trips in peak hour traffic which is considered acceptable regarding the capacity of the road network.

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

3.2.4 Stormwater Management

The stormwater from the development would be collected and drained to the existing Council-controlled drainage system in Lords Avenue via an on-site detention system (OSD). The OSD tank would be located in the south western corner of the site.

An interallotment drainage easement would be required to be created from the site over downstream properties Nos. 42 and 44 Lords Avenue, Asquith. The written consent from registered proprietors of Nos. 42 and 44 Lords Avenue, Asquith for the creation of an interallotment drainage easement on their property has not been submitted. Therefore, a deferred commencement condition is recommended requiring the registration and creation of the proposed drainage easement over the downstream properties.

The proposed stormwater drainage system is assessed as satisfactory by Council’s engineer subject to recommended conditions of consent.

3.3 Social Impacts

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

3.4 Economic Impacts

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

4. SITE SUITABILITY

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

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

5. PUBLIC PARTICIPATION

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

5.1 Community Consultation

The proposed development was placed on public exhibition and was notified to adjoining and nearby landowners between 8 August 2012 and 13 September 2012 in accordance with Council’s Notification and Exhibition Development Control Plan. During this period, Council received three 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
ONE SUBMISSION RECEIVED OUT OF MAP RANGE

Three submissions object to the development, generally on the grounds that the development would result in:

· Loss of privacy;

· Unacceptable overshadowing of adjoining properties;

· Unacceptable noise impacts;

· Loss of trees;

· Development that is out of character with the area;

· Insufficient car parking provided for the development;

· Environmental problems and traffic congestion; and

· Overdevelopment for the site.

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

5.1.1 Conditions of consent

The following issue would be resolved via recommended conditions of consent:

· Removal of asbestos

Conditions regarding the demolition of the building would ensure that asbestos is removed in an appropriate way.

5.2 Public Agencies

The development application was referred to the following Agencies for comment:

5.2.1. Roads and Maritime Services

The application was referred to the Roads and Maritime Services (RMS) for comments under the provisions of Section 138 of the Roads Act 1993. RMS raises no objections subject to the implementation of recommended conditions of consent.

5.2.2. RailCorp

The application was referred to the RailCorp for comments. RailCorp raises no objections to the proposal and recommends conditions of consent.

6. THE PUBLIC INTEREST

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

CONCLUSION

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

The proposed development is 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 Lords Avenue, Asquith precinct.

The application is recommended for approval.

Rod Pickles

Manager - Development Assessment

Planning Division

James Farrington

Group Manager

Planning Division

Attachments:

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

File Reference: DA/810/2012

Document Number: D02056134

SCHEDULE 1

1. Deferred Commencement

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

a) The registration and creation of an Easement To Drain Water from the site over downstream properties 42 and 44 Lords Avenue, Asquith, to connect the subject site with a Council-controlled drainage system.

Such proof of registration of Transfers Granting Easement shall be submitted to Hornsby Council within 24 months of the date of this Consent.

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

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.

2. Approved Plans and Supporting Documentation

Architectural Plans prepared by Mackenzie Architects

*Plan No.*	*Issue*	*Plan Title*	*Dated*
100	A	Site/Roof Plan	08.11.2012
101	A	Car Park 02	08.11.2012
102	A	Car Park 01	08.11.2012
103	A	Ground Floor	08.11.2012
104	A	First Floor	08.11.2012
105	A	Second Floor	08.11.2012
106	A	Third Floor	08.11.2012
107	A	Penthouse	08.11.2012
200	A	East Elevation	08.11.2012
201	A	North and South Elevation	08.11.2012
202	A	West Elevation and Section AA	08.11.2012
301	A	Section BB and Section CC	08.11.2012

Landscape Plans prepared by Conzept Landscape Architects

*Plan No.*	*Issue*	*Plan Title*	*Dated*
LPDA 12 -371/1	D	Landscape Plan	09.11.2012
LPDA 12 – 162/2	C	Landscape Details	09.11.2012

Stormwater Management Plans prepared by Northrop

*Plan No.*	*Revision*	*Plan Title*	*Dated*
C1.01	1	Cover Sheet. Drawing Schedule and Locality Plan	16.11.2012
C4.01	1	Concept Stormwater Management Plan Sheet 1 of 2	16.11.2012
C4.02	1	Concept Stormwater Management Plan Sheet 2 of 2	16.11.2012
C4.03	1	Concept Stormwater Management Plan Basement Level 2	16.11.2012
C5.01	1	On-Site Detention Plan, Section and Details	16.11.2012

*Document Title*	*Prepared by*	*Dated*
Sun Views (Reference No. 502 Issue A)	Mackenzie Architects	08.11.2012
Shadow Diagrams (Reference DWG Nos. 500 and 501)	Mackenzie Architects	30.05.2012
Concept Sediment and Erosion Control Plan and Details (Reference No. C2.01 Revision 1)	Northrop	16.11.2012
Site Analysis (Reference No. 400)	Mackenzie Architects	30.05.2012
Survey plan (Reference No. 1749)	Geographical Solution Surveyors	15.03.2012
Statement of Environmental Effects	Chapman Planning Pty Ltd	11.07.2012
Traffic and Parking Assessment Report (Reference No. 12151)	Varga Traffic Planning	09.11.2012
Access Report	Accessibility Solutions (NSW) Pty Ltd	02.07.2012
Waste Management Plan	Mackenzie Architects	08.11.2012
DA Rail and Noise Vibration Assessment (Reference No. 20120538.1)	Acoustic Logic Consultancy Pty Ltd	22.06.2012
BASIX Certificate No. 434848M_02	Planning Principles	15.11.2012
Arboricultural Impact Assessment	Advanced Treescape Consulting	02.11.2012
Photomontage	Mackenzie Architects	Received by Council 6 August 2012
External Building Materials and Finishes	Mackenzie Architects	Received by Council 6 August 2012
Crime Risk Assessment	Chapman Planning	10.07.2012

3. Removal of Existing Trees

This development consent only permits the removal of trees numbered 1,2,3,4,5,6,7,13,14,15,16,17,19,20,24,29,30,31,32 and 33 as identified in Arboricultural Impact Assessment prepared by Advanced Treescape Consulting dated 2 July 2012. The removal of any other trees requires separate approval under Council’s Tree Preservation Order.

4. Amendment of Plans

a) The following plan must be amended in accordance with the approved Concept Stormwater Management Plan Sheet 1 of 2 (C4.01 Issue 1 prepared by Northrop) in Condition 1 of this development consent:

*Plan No.*	*Issue*	*Plan Title*	*Dated*
LPDA 12 -371/1	D	Landscape Plan	09.11.2012

REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

5. Building Code of Australia

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

6. 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.

7. Notification of Home Building Act, 1989 Requirements

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

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

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

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

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

i) The name of the owner-builder.

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

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

8. 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.

9. Stormwater Drainage

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

b) Pursuant to Section 68 of the Local Government Act 1993, application shall be made to Council and payment of Council’s fees for the construction of the drainage connection to Council’s stormwater drainage pit in Lords Avenue.

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 23.5 cubic metres, and a maximum discharge (when full) of 50 litres per second.

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

d) An overflow system at the detained volume emergency weir level shall be incorporated into the detention system to permit basin overflows to flow to the proposed interallotment drainage system.

e) Where above ground and the average depth is greater than 0.3 metres, a ‘pool type’ safety fence and warning signs to be installed.

f) Not be constructed in a location that would impact upon the visual or recreational amenity of residents, and allows for the provision of deep screen planting if required by DCP requirements.

11. Internal Driveway/Vehicular Areas

The driveway and parking areas on site must be designed in accordance with Australian Standards 2890.1, 2890.2 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 pavement be designed by a chartered structural engineer.

d) The pavement have a kerb to at least one side and cross fall with a minimum gradient of 2 percent, with kerb inlet pits provided on grade and at low points.

12. Accessible Units

The details of fit-outs of all accessible units (4 units) and details of adaptable units (8 units) must be provided with the Construction Certificate Plans.

13. Letter Boxes

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

14. Dilapidation Report

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

15. Noise – Rail Corridor

The development must be carried out in accordance with the recommendations contained within the acoustic report submitted with the development application, titled, DA Rail and Noise Vibration Assessment prepared by Acoustic Logic Consultancy Pty Ltd and dated 22.06.2012 and the requirements of the Department of Planning’s Development Near Rail Corridors and Busy Roads – Interim Guideline and RailCorp’s Interim Guidelines for Applicants.

Note: The Department of Planning’s document is available at www.planning.nsw.gov.au (development assessments). The RailCorp document is available at www.railcorp.nsw.gov.au/publications.

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.

17. Acoustic Details

The Construction certificate plans must demonstrate compliance with the recommendations in the DA Rail and Noise Vibration Assessment (Reference No. 20120538.1) prepared by Acoustic Logic Consultancy Pty Ltd dated 22 June 2012.

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.

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

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

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

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

21. Erosion and Sediment Control

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

REQUIREMENTS DURING CONSTRUCTION

22. Construction Work Hours

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

Monday to Saturday 7 am to 5 pm

Sunday & Public Holidays No work

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.

24. 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.

25. Council Property

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

26. Vehicular Crossing

a) Any redundant crossings to be restored back to the existing surface treatment.

b) The footway area to be restored by turfing.

27. Excavated Material

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

28. 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.

29. 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.

30. Survey Report – Finished Floor Level

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

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

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

31. Contamination during construction works

32. 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.

33. Street Sweeping

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

34. Works near Trees

All works (including driveways and retaining walls) within 6 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).

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.

35. Fulfilment of BASIX Commitments

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

36. Sydney Water – s73 Certificate

A s73 Certificate must be obtained from Sydney Water.

37. Resident Storage

38. Creation of Easements

The following matter(s) must be nominated on the plan of subdivision under either s88B or 88E of the Conveyancing Act 1919:

a) Consolidation of subject lots.

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

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

39. External Lighting

40. Maintain Canopy Cover

To maintain canopy cover, 4 medium to large trees selected from Council’s booklet ‘Indigenous Plants for the Bushland Shire’ such as Eucalyptus pilularis 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.

41. Planter Boxes / On slab planting

42. 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.

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. Unit Numbering

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

46. Garbage Collection Easement

47. Construction for a safe environment

Prior to the issue of the Occupation Certificate, the site must include the following elements:

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

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

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

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

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

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

g) The lamps and lighting levels must comply with Australian and New Zealand Lighting Standard 1158.1;

h) Effective signage be provided to guide visitors to the main areas and parking areas;

i) The communal area must include a clear sign to restrict access for non-residents;

j) Units numbers, entry and exit signs must be legible and clear;

k) Fire exit doors to be fitted with single cylinder locksets (Australia New Zealand Standard-Locksets); and

l) Doors must include laminated glass to increase safety.

48. Waste Management

The following waste management requirements must be complied with:

a) The bin storage rooms at the basement level must include water or a hose for cleaning, graded floors with drainage to sewer, a robust door, sealed and impervious surface, adequate lighting and ventilation.

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

- A comparison of the estimated quantities of each waste type against the actual quantities of each waste type.

Note: Explanations of any deviations to the approved Waste Management Plan is required to be included in this report

- That at least 60% of the waste generated during the demolition and construction phase of the development was reused or recycled.

Note: If the 60% diversion from landfill cannot be achieved in the Construction Stage, the Report is to include the reasons why this occurred and certify that appropriate work practices were employed to implement the approved Waste Management Plan. The Report must be based on documentary evidence such as tipping dockets/receipts from recycling depots, transfer stations and landfills, audits of procedures etc. which are to be attached to the report.

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

49. s94 Infrastructure Contributions

The payment to Council of a contribution of $419,076.25 for thirty-six additional residential units towards the cost of infrastructure identified in Council’s Development Contributions Plan 2007-2011 in accordance with the following table:

7 x 1-bedroom units,

27 x 2-bedroom units and

5 x 3-bedroom units.

Note: The value of contribution is current as at 27 November 2012. The contribution will be adjusted from this date in accordance with the underlying consumer price index for subsequent financial quarters.

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

OPERATIONAL CONDITIONS

50. Car Parking and Deliveries

All car parking must be operated in accordance with Australian Standard AS 2890.1 – 2004 – Off Street Car Parking and Australian Standard 2890.2 - 2002 – Off Street Commercial and the following requirements:

a) Car parking, loading and manoeuvring areas to be used solely for nominated purposes.

b) Vehicles awaiting loading, unloading or servicing must be parked on site and not on adjacent or nearby public roads;

c) All vehicular entry on to the site and egress from the site must be made in a forward direction.

51. Visitor Parking

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. 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. Noise

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

54. Fire Safety Statement - Annual

55. Waste Storage area and waste management

The waste management on site must be in accordance with the following requirements:

a) Each unit be provided with an indoor waste/recycling cupboard for the interim storage of a minimum one day’s segregated garbage and recycling generation.

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

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

56. Landscape Establishment

The landscape works must be maintained to ensure the establishment and successful growth of plant material including (but not be limited to) watering, weeding, replacement of failed plant material and promoting the growth of plants through standard industry practices.

GENERAL TERMS OF APPROVAL - NSW ROADS AND MARITIME SERVICES

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.

57. Swept Path analysis

The construction certificate plans must be submitted and approved by the Roads and Maritime Services (RMS) to demonstrate that the swept path of the longest vehicle including garbage trucks entering and exiting the site are in accordance with AUSTROADS.

58. Requirements prior to the issue of the Construction Certificate

A Construction Management Plan detailing construction vehicle routes, number of trucks, hours of operation, access arrangements and traffic control should be submitted to Council prior to the issue of a construction certificate.

59. Requirements prior to the commencement of any works

Prior to the commencement of any works including demolition and remediation works, the following requirements are to be complied with:

a) Detailed design plans and hydraulic calculations of any changes to the stormwater drainage system must be submitted to RMS for approval;

Note: Details should be forwarded to:

The Sydney Asset Management

Roads and Maritime Services

PO BOX 973 Parramatta CBD 2124.

b) Detailed design drawings and geotechnical reports related to e xcavation of the site and support structures to RMS for assessment and concurrence.

The report would need to address the following key issues:

i) The impact of excavation/rock anchors on the stability of Pacific Highway and detailing how the carriageway would be monitored for settlement.

ii) The impact of excavation on the structural stability of Pacific Highway.

Note: The report and enquiries should be forwarded to:

Project Engineer, External Works

Sydney Asset Management

Roads and Maritime Services

PO BOX 973 Parramatta CBD 2124

Telephone 8848 2114

Fax 8849 2766

The developer/applicant is required to pay the assessment cost.

c) Full time “No Stopping” restrictions are to be implanted along the full Pacific Highway frontage of the site (unless already in place);

Note: Prior to installation of the restrictions the applicant must contact RMS’s Traffic Engineering Services on phone: (02) 8849 2928 for a Works Instruction.

60. Conditions to be complied with during Construction Works and Operation of the Site

a) All vehicles are to enter and leave the site in a forward direction.

b) Vegetation and proposed landscaping/fencing must not hinder sight lines to and from the proposed access driveways to motorists, pedestrians and cyclists.

c) All demolition and construction vehicles shall be contained wholly within the site as a work zone permit will not be approved for the Pacific Highway.

d) All work associated with the proposed development is to be at no cost to the RMS.

CONDITIONS OF CONCURRENCE - RAILCORP

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.

61. Requirements prior to the issue of the Construction Certificate

a) The applicant must engage an Electrolysis Expert to prepare a report on the Electrolysis Risk to the development from stray currents. The Applicant must incorporate in the development all the measures recommended in the report to control that risk. A copy of the report must be provided to the Principal Certifying Authority with the application for the Construction Certificate.

b) The applicant must submit to RailCorp a plan showing all craneage and other aerial operations for the development and must comply with all RailCorp requirements. The Principal Certifying Authority must not issue the Construction Certificate until written confirmation has been received from RailCorp confirming that this condition has ben satisfied.

- END OF CONDITIONS -

ADVISORY NOTES

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

Environmental Planning and Assessment Act 1979 Requirements

The Environmental Planning and Assessment Act 1979 requires:

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

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

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

· Mandatory inspections of nominated stages of the construction inspected.

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

Long Service Levy

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

Rain Water Tank

It is recommended that water collected within any rainwater tank as part of the development be limited to non-potable uses. NSW Health recommends that the use of rainwater tanks for drinking purposes not occur where a reticulated potable water supply is available.

House Numbering

Planning Report No. PL37/12

Planning Division

Date of Meeting: 19/12/2012

10 DEVELOPMENT APPLICATION - FIVE STOREY RESIDENTIAL FLAT BUILDING COMPRISING 32 UNITS - 213 & 215 CARLINGFORD ROAD, CARLINGFORD

EXECUTIVE SUMMARY

DA No:	DA/729/2012 (Lodged 18 July 2012)
Description:	Demolition of existing structures and construction of a five storey residential flat building comprising 32 units with basement carpark and strata subdivision
Property:	Lot 2 DP 27412 and Lot C DP 397954, Nos. 213 and 215 Carlingford Road, Carlingford
Applicant:	Mr William Karavelas
Owner:	Mr Shaofan Jin, Ms Chun Xiang Jiang, Mr Elie Minassian
Estimated Value:	$5.9 million
Ward:	C

· The application proposes the demolition of existing structures and the construction of a five storey residential flat building comprising 32 units with 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.

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

· It is recommended that the application be approved.

RECOMMENDATION

THAT Development Application No. 729/2012 for the demolition of existing structures and the construction of a five storey residential building comprising 32 units and strata subdivision at Lot 2 DP 27412 and Lot C DP 397954, Nos. 213 and 215 Carlingford Road, Carlingford be approved subject to the conditions of consent detailed in Schedule 1 of Group Manager’s Report No. PL37/12.

BACKGROUND

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

SITE

The subject site comprises two allotments, Nos. 213 and 215 Carlingford Road located on the southern side of the road with a total area of 1740.1 m². The site has an average downward slope of 4% towards the front from the south-western corner (rear) to the north-eastern corner (front).

Existing improvements on the two allotments include two dwelling houses with garages and carports.

One large tree is located within the front setback of No. 215 Carlingford Road.

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

THE PROPOSAL

The proposal involves the demolition of two existing dwellings and the construction of a five storey residential flat building comprising 32 units with two levels of basement carpark and strata subdivision. The details of the development are provided below:

Residential

The development involves the construction of 32 residential units in five levels. The unit configuration comprises 8 x 1-bedroom units, 21 x 2-bedroom units and 3 x 3-bedroom units. The units would be accessed via a lift. The units would include balconies fronting the street, the rear and the side setbacks.

The gross floor area of the development is 2699.25 m².

Car parking and access

The development would be accessed from Carlingford Road via a driveway located on the southern boundary of the site. A separate pedestrian entry would provide access to the foyer and the lift for vertical circulation. A total of 32 residential spaces and 7 visitor’s parking spaces are proposed in two basement levels including 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. An electrical substation is proposed on the western side of the building within the landscaped area fronting Carlingford Road.

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 32 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 the HSLEP prescribes the maximum floor space ratio (FSR) for development within the Residential C zone. Subclause (5) of Clause 15 states that “This clause does not apply to land shown edged heavy black on diagrams 1-8 in Schedule BB.” The 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 for Hornsby Shire. The subject site does not include a heritage item and is not located in a Heritage Conservation Area. Therefore, no further assessment in this regard is necessary.

2.2 Draft Comprehensive Hornsby Local Environmental Plan

2.2.1 Zoning

The site would be zoned R4 (High Density Residential) zone pursuant to the Land Use Table of the DHLEP. 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 DHLEP 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 application has been assessed against the requirements of State Environmental Planning Policy No. 65 (SEPP 65). This Policy provides State-wide planning controls for the assessment of residential flat developments and for residential components of mixed use developments. The primary aim of SEPP 65 is to “improve the design quality of residential flat development in New South Wales”.

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

2.4.1 Principle 1: Context

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

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

The development responds suitably to the ‘context’ principle of SEPP 65, considering the desired future character of the area.

2.4.2 Principle 2: Scale

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 development complies with the maximum height limit permitted in the precinct and provides a building envelope which is in accordance with the setbacks required by Council’s Housing Strategy Development Control Plan.

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

2.4.3 Principle 3: Built Form

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 development presents a distinct architectural design which would set a desirable precedent for the locality. The details of the elements of the built form are assessed in Section 2.10 of this report.

2.4.4 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 any floor space ratio requirements for the subject site. The density of development on the site is guided by the height of the building and the required setbacks from the boundaries. The matter has been discussed in detail in Sections 2.1 and 2.10 of this report.

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

2.4.5 Principle 5: Resource, energy and water efficiency

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

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 the side boundaries. This planting would activate the street frontage and provide a landscaped setting for the proposed development.

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

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 convenient and safe access to the development via a central lift connecting the basement and all other levels. The application has been assessed against the ‘Building Amenity’ criteria within the RFDC and is discussed in detail in Section 2.5 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 proposed development is located on a road that experiences a medium level of pedestrian movements. The design has regard to ‘Crime Prevention through Environmental Design (CPTED)’ principles and does not include any obvious unobserved areas.

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

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

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

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

The application was referred to NSW Police Force for comments. NSW Police Force raises no objections subject to conditions of consent regarding the following:

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

· Access control within the site;

· Maintenance policies regarding usage of common areas and graffiti; and

· Signage in various areas of the site.

Subject to the imposition of conditions of consent addressing the above matters, the proposal is supported in respect of safety and security.

2.4.9 Principle 9: Social dimensions

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

2.4.10 Principle 10: Aesthetics

Design Principle 10 is as follows:

The proposal is consistent with the design principles contained within the RFDC. It is considered that the aesthetic quality of the building contributes to the desired future character of the precinct. The details of the assessment of the built form and the aesthetics of the development are contained in Section 2.10 of this report.

2.5 SEPP 65 Residential Flat Design Code

Residential Flat Design Code
Control	Proposal	Requirement	Compliance
Deep Soil Zone	25%	Min 25%	Yes
Communal Open Space	38%	25-30%	Yes
Minimum Dwelling Size	1 br – 50m² 2 br – 70m² 3 br – 95m²	1 br – 50m² 2 br – 70m² 3 br – 95 m²	Yes Yes Yes
Maximum Kitchen Distance	8m	8m	Yes
Minimum Balcony Depth	2m	2m	Yes
Ceiling heights - Residential floors	2.7m	2.7m (Min)	Yes
Total Storage area	1 br - > 6m³ 2 br - > 8m³ 3 br - > 10m³	6m³ (Min) 8m³(Min) 10 m³ (Min)	Yes Yes Yes
Dual Aspect & Cross Ventilation	62.5%	60%	Yes
Adaptable Housing	31%	10%	Yes

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

2.5.1 Building Depth and Separation

The proposed building depth is in accordance with the requirements of Council’s Housing Strategy Development Control Plan as discussed in Section 2.10.

The design of the building façades is in accordance with the requirements of Council’s Housing Strategy Development Control Plan. The majority of the primary living areas and all single aspect balconies would be setback 6 metres from the side boundaries increasing to 9 metres at the top level, facilitating a future building separation of 12 - 18 metres with the adjoining sites in accordance with the RFDC. Privacy screens are proposed where the living area are located at a setback of 4m from the side boundary. The design of the future developments adjoining the subject site would also need to ensure that 12 - 18 metre building separations are maintained at all points between habitable rooms/balconies.

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

2.5.2 Apartment Layout

The proposed development includes a mix of single aspect and corner units including one, two and three bedroom apartments. All units would be well ventilated with some units would be provided with secondary balconies in addition to primary balconies. A total of 62.5% of units would receive cross ventilation with no single aspect units facing the southern side. The ceiling heights would be a minimum of 2.7 metres.

The apartments include storage areas in accordance with the requirements of the RFDC. The storage areas are provided at the basement levels and additional storage areas are also provided within the apartments. It is noted that the three bedroom units (No. 8, 15 and 22) do not include internal storage areas within the apartments other than cupboards and wardrobes. A condition of consent is recommended that storage areas be included within the units as marked in red on the approved plans.

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

2.5.3 Internal Circulation

The proposal includes barrier free access to all floors via a lift. A maximum of 7 units would be accessed from a doubly loaded corridor.

2.5.4 Acoustic Privacy

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

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

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

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

2.8 State Environmental Planning Policy (Infrastructure) 2007

The application has been assessed against the requirements of State Environmental Planning Policy (Infrastructure) 2007. This Policy contains State-wide planning controls for developments adjoining busy roads. The development is located immediately adjoining a classified road corridor (Carlingford Road) and the following matters have been considered in this regard:

2.8.1 Development with frontage to a classified road

The proposal has been assessed against the requirements of Clause 101 of SEPP (Infrastructure) as the site has frontage to Carlingford Road and proposes new vehicular access from the road.

Council’s assessment of the proposal concludes that the existing driveway complies with AS/NZS 2890.1:2004 and the location of the driveway is satisfactory. The proposed development was referred to the NSW Roads and Maritime Services (RMS) for concurrence under Section 138 of the Roads Act 1993. No objections have been raised regarding the driveway location. RMS requires the provision of a 6m wide driveway facilitating two way vehicle flows from the entrance of the site to the basement level. The proposal has been amended to comply with this requirement. Council’s engineering assessment in this regard concludes that the width of the driveway is satisfactory.

RMS also comments that the driveway and turning areas should be designed to cater for light and heavy vehicles. However, Council requires Small Rigid Vehicle access only for such developments fronting Carlingford Road. The proposal complies with this requirement and is assessed as satisfactory.

The subject property is affected by a variable width easement for batter which benefits the RMS. The easement is located along the entire frontage of the property. RMS raises no objections to the proposal subject to maintenance of this easement. The easement would be located in the landscaped front setback and the proposal complies with this requirement.

2.8.2 Impact of Noise

The application was referred to the RMS for comment. The RMS advises that the development should be designed to mitigate the traffic noise and vibration from Carlingford Road by using durable materials in accordance with Environmental Criteria for Road Traffic Noise, May 1999.

It is noted that Clause 102 of SEPP (Infrastructure) does not apply to the development as Carlingford Road is identified as a road with an annual average daily traffic volume of less than 40,000 vehicles (based on the traffic volume data published on the website of the RMS). Therefore, no further assessment with regard to impact of road noise on the development is required.

Notwithstanding the above, the application includes a Traffic Acoustic Report which provides details of construction techniques and measures to attenuate road noise and vibration and concludes that the development would not exceed the specified noise criteria and LA_eqlevels within Clause 102 of the SEPP (Infrastructure) subject to adherence to the recommendations. The report has been assessed as satisfactory.

The Construction Certificate Plans would be required to demonstrate compliance with the recommendations of the acoustic report via use of appropriate materials for glazing and construction.

2.8.3 Traffic Generating Development

2.9 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005

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

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

2.10 Housing Strategy Development Control Plan

Housing Strategy Development Control Plan
Control	Proposal	Requirement	Compliance
Site Width	33.5m	30m	Yes
Height	5 storeys – 17.5m	5 storeys – 17.5m	Yes
Lowest Residential Floor Above Ground	2m	Max - 1.5m	No
Maximum Floorplate Dimension	34.5m	35m	Yes
Building Indentation	4m x 4m	4m x 4m	Yes
Front Setback	10m 8.5m (1/3 of building length)	10m 8m (1/3 of building length)	Yes Yes
Western Side Setback	6.5m 4.2m (1/3 of the building length)	6m 4m (1/3 of the building length)	Yes Yes
Eastern Side Setback	6.5m 4.2m (1/3 of the building length)	6m 4m (1/3 of the building length)	Yes Yes
Rear Setback	10m 8.4m (1/3 of building length)	10m 8m (1/3 of building length)	Yes
Top Storey Setback From Ground Floor	3m	3m	Yes
Underground Parking Setback	Front & Rear - 7m Sides - 4m	7m 4m	Yes Yes
Balcony setback	Front & Rear - 7m Sides - 4m (min)	7m 4m	Yes Yes
Basement Ramp Setback (6m wide)	2m	2m	Yes
Parking	32 resident spaces 7 visitor spaces Number of bicycle spaces not specified	32 resident spaces 7 visitor spaces 11 bicycle spaces	Yes Yes No
Landscaped areas	Front & Rear – 7m wide Sides – 4m wide	7m wide 4m wide	Yes Yes
Private Open Space with Min Width 2.5m	1 br units > 10 m² 2 br units >12 m² 3 br units >30 m²	1 br units 10m² (min) 2 br units 12m² (min) 3 br units 16m² (min)	Yes Yes Yes
Communal Open Space with minimum dimension 2.5m	25%	25%	Yes
Solar Access	71.8%	70%	Yes
Housing Choice	10% of each type	10% of each type (min)	Yes
Adaptable Units	30% (10 units)	30%	Yes

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

2.10.1 Site Requirements

The Housing Strategy DCP requires sites to have a minimum frontage of 30 metres. The subject site has a frontage of 33.5 metres and complies with this requirement. The site does not result in isolation of the adjoining blocks and would not restrict orderly and economic development of any land in the precinct.

2.10.2 Height

The height of the building complies with the 17.5m height requirement of the HSLEP. However, the lowest residential floor protrudes 2m above the natural ground level on the eastern elevation.

The site slopes down towards the eastern side. The non-compliance with height above ground arises from the requirement to accommodate Small Rigid Vehicle access to the basement which requires a vehicle height clearance of 3.5 metres. Given that this is a compulsory requirement for all similar developments fronting Carlingford Road and that the overall height complies with the provisions of the HSLEP, this non-compliance is considered acceptable.

2.10.3 Setbacks

The proposed building setbacks comply with the requirements of the Housing Strategy DCP. The living and bedroom areas for two units at each level would have a setback of 4m from the side boundary. Privacy screens have been provided to mitigate adverse privacy impacts upon adjoining developments in the future.

The front and rear setbacks comply with the requirements and are acceptable.

2.10.4 Landscaping

The landscaped areas within the front and side setbacks comply with the requirements of the Housing Strategy DCP and have been designed to accommodate mature canopy trees. The on-site detention system (OSD) is proposed to be suspended over the basement carpark to avoid encroachment within the deep soil area.

The rear and part of the side setbacks would be utilised as communal open space with seating areas. The proposed landscaping is considered satisfactory subject to conditions of consent requiring further planting of canopy trees.

2.10.5 Floorplates, Separations and Articulation

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

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

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

· Four storey high vertical solid planes have been provided intercepting the balconies on all facades.

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

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

· A flat roof has been provided without parapet.

· Sunscreens and pergolas have been provided at prominent corners.

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

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

· The building would incorporate contemporary colours.

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

2.10.6 Privacy

The matters in relation to acoustic privacy of the units have been discussed in detail under “Residential Flat Design Code” in Section 2.5.5 of this report. The proposed design of the building achieves the ‘building separation’ requirements required by SEPP 65.

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

2.10.7 Housing Choice

Ten units are proposed to be adaptable. The submitted plans include details of typical “Accessible Units” and the relevant fit outs. However, the proposal does not specify the units which would be accessible in the future. The application is assessed as satisfactory with regard to housing choice subject to a condition requiring at least three units to be designed to be accessible prior to the issue of the Construction Certificate.

2.10.8 Solar Access

Solar access to units

The applicant has submitted detailed hourly solar access diagrams for elevations demonstrating compliance of individual units with solar access requirements. The applicant submits that 71.8% of the units (23 out of 32) would receive a minimum 2 hours solar access between 9am and 3 pm during Winter Solstice. Council’s assessment in this regard concludes that the units would comply with the above requirements and the proposal is acceptable in this regard.

Solar Access to Communal Area

The communal area would be orientated towards the northern, western and eastern boundaries. The components of the communal open space located within the eastern and western setbacks would receive 2 hours of solar access between 9am and 3pm during Winter Solstice.

Overshadowing

The submitted solar access diagrams indicate that the proposal would not compromise the solar access provisions to the units and communal open space for the approved development on the adjoining site at Nos. 44 – 46 Keeler Street or any future developments on the eastern and western side of the site fronting Carlingford Road.

2.10.9 Vehicular Access and Parking

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

The proposed number of car spaces and visitors spaces comply with the requirements of the Housing Strategy DCP. The proposal includes a bicycle room however, does not specify the number of bicycle spaces. A condition of consent is recommended requiring that 11 eleven bicycle spaces be accommodated within the basement.

Ten adaptable resident car spaces with shared zones have been demarcated on the basement plan satisfying the requirements of the Housing Strategy DCP.

The development would allow Small Rigid Vehicle (SRV) access to the upper basement to facilitate garbage collection. The turning area at the upper basement level would allow the SRV to reverse and egress the site in a forward direction. It is noted that during garbage collection, the SRV would block access to a number of spaces. However, given that this would be infrequent, the proposal is considered acceptable in this regard. The width of the driveway would allow two way vehicular movement to, and from, the site at all times, thus reducing queuing possibilities on Carlingford Road. Given that reversing onto Carlingford Road would not be permitted by the RMS, it is anticipated that only SRV removalist vehicles could access the site in the future. It is anticipated that the Strata Management Plan would incorporate rules and regulations to notify residents of the time and dates when such disruptions would occur and the type of vehicles to be hired for this purpose.

RMS also requires the construction of a raised triangular island at the entrance to act as a median. This requirement is recommended as a condition of consent.

2.10.10 Carlingford Road, Carlingford Precinct

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

The development would provide a landscaped setback along the entire frontage and the built-form would achieve the articulation as desired in the Housing Strategy DCP. The proposed development would achieve the desired outcome for the Carlingford Precinct and is assessed as satisfactory in this regard.

2.11 Waste Management and Minimisation Development Control Plan

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

A garbage room would be provided at the upper basement level capable of accommodating 20 x 240 litre bins. Each residential level would include a garbage chute and a recycling bin. The chute would empty into a room with carousel/volume handling equipment. The bins would then be placed in the bin room located at the same level, for servicing. The basement also includes a room for placement of unwanted bulky items awaiting collection.

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

The proposal is assessed as satisfactory against the provisions of the Waste Management and Minimisation Development Control Plan.

2.12 Access and Mobility Development Control Plan

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

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

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

2.13 Car Parking Development Control Plan

2.14 Sustainable Water Development Control Plan

2.15 Section 94 Contributions Plan

Council’s Section 94 Plan applies to the development as it would result in the addition of 32 residential units in lieu of the two existing residences. Accordingly, the requirement for a monetary Section 94 contribution has been recommended as a condition of development consent.

3. ENVIRONMENTAL IMPACTS

3.1 Natural Environment

The site comprises a number of exotic, native planted trees and locally indigenous specimens. The proposed development would necessitate the removal of ten trees from the site, nine of which are exempt species under Council’s Tree Preservation Order (TPO). None of the trees identified for removal are significant. The application is supported by an arborist report that assesses the existing trees on the site and provides recommendations for retaining the trees located on the neighbouring property at the rear. Council’s assessment of the application with regard to its impact on trees concurs with the recommendations of the arborist report and concludes that the proposal is satisfactory with respect to tree removal.

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

3.2 Built Environment

3.2.1 Built Form

3.2.2 Traffic

The applicant has conducted a traffic volume analysis for Carlingford Road. The analysis concludes that the Level of Service (LoS) for Carlingford Road and the nearby intersections would be negligibly affected by the traffic generated due to the proposed development (16 peak hour vehicular trips).

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

3.2.3 Noise

The application includes a report assessing the impact of noise and vibration arising from the demolition, excavation and construction works associated with the development on the locality. The report includes recommendations to mitigate any adverse impact on the neighbouring properties due to noise generated by building works in accordance with DECCW’s Interim Construction Noise Guidelines.

Subject to implementation of the recommendations during demolition and construction works, the proposed development would not have any adverse impact on the built environment due to noise.

3.2.4 Stormwater Management

The stormwater from the development would be collected and drained to the existing drainage system at Carlingford Road via an on-site detention system (OSD). The OSD tank would be suspended over the basement to avoid encroachment on to the deep soil area. The design and location of the tank are assessed as satisfactory subject to recommended conditions of consent.

3.3 Social Impacts

The residential development would improve the housing choice in the locality by providing thirty-two additional units that a range of sizes from one bedroom to three bedroom units. This is consistent with the North Subregion (Draft) Subregional Strategy.

3.4 Economic Impacts

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

4. SITE SUITABILITY

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

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 1/08/2012 and 22/08/2012 in accordance with Council’s Notification and Exhibition Development Control Plan. During this period, Council received 4 submissions from the owners of three properties. 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
One submission received out of map range

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

· The development would have detrimental impact on the surrounding area;

· The development would result in unacceptable traffic impact on Carlingford Road due to vehicular access to, and from, the road rather than Keeler Street which is contradictory to the requirements within the Housing Strategy DCP;

· The development would cause environmental problems and traffic congestion;

· The development would increase accidents on Carlingford Road;

· The proposal is an overdevelopment of the site; and

· The development does not include sufficient landscape screening and would result in adverse impact on the privacy of the neighbouring properties;

Additionally, the residents made the following observations:

· Carlingford Road should be declared to have a maximum speed limit of 50 KMPH;

· Heavy rigid vehicular access should not be allowed on Carlingford Road;

· A fly over arrangement should be planned for Carlingford Road over Pennant Hills Road for West/South traffic;

· The proposal does not include any information about the capacity of the electrical substation;

· The submitted schedule of colours and finishes are not appropriate;

· The application does not include any details of solar access diagrams or details of impacts on the privacy of neighbouring properties;

· The development would result in increase of population in the area without any job opportunities;

· The development would result in enormous energy usage;

· The site is not well serviced by existing infrastructure;

· The development only includes one and two bedroom units;

· The proposal does not include an air quality assessment report;

· The proposal does not include calculations providing an estimate of the air pollution that would arise due to removal of trees and excavation works;

· No details of volumes of soil removed due to excavation have been provided;

· Energy efficient devices have not been used; and

· The developer is required to pay the cost of any damages to the road due to the development.

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

5.1.1. Traffic Matters

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

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.

5.1.3. Matters Not Relevant to the Assessment of This Application

The following matters raised in the submissions are not considered to be relevant to the assessment of the application:

· Road works required and speed zones to be enforced;

· Heavy vehicle truck access along Carlingford Road; and

· Amount of air pollution caused due to removal of trees and excavation; and

· Capacity of the electrical substation which would be determined by the relevant Public Authority.

5.1.4 Conditions of Consent

The following issues would be resolved via recommended conditions of consent:

· Conditions regarding excavation works would ensure that the soil is removed in an appropriate way;

· The developer is required to pay the cost for any damages on the road reserve; and

· The energy efficiency of the development is determined by the submitted BASIX certificate and the fulfilment of BASIX commitments would ensure that the resultant development is energy efficient.

5.1.5 Vehicular Access from the Rear Lane

Council’s Housing Strategy DCP requires the provision of a rear lane only for mixed use developments in the precinct located near the shopping centre. The provision does not apply to this site.

5.2 Public Agencies

The development application was referred to the following Agencies for comment:

5.2.1. Roads and Maritime Services

5.2.2. NSW Police Force

The application was referred to NSW Police Force. No objections have been raised subject to recommended conditions of consent.

6. THE PUBLIC INTEREST

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

CONCLUSION

The application seeks approval for the demolition of two existing dwellings and the construction of a five storey residential flat building comprising 32 units with basement car parking. The proposed development would be located on a site within a locality which has been recently rezoned as a high density residential precinct.

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

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

Approval of the proposal is recommended.

Rod Pickles

Manager - Development Assessment

Planning Division

James Farrington

Group Manager

Planning Division

Attachments:

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

File Reference: DA/729/2012

Document Number: D02034077

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*
Survey Plan	-	J P Bates and Inwood	19/04/2012
DA:01 Site Analysis Plan	A	Cornerstone Design	10/09/2012
DA:02 Lower Basement Plan	A	Cornerstone Design	10/09/2012
DA:03 Upper Basement Plan	C	Cornerstone Design	20/10/2012
DA:04 Ground Floor Plan	C	Cornerstone Design	20/10/2012
DA:05 First Floor Plan	A	Cornerstone Design	10/09/2012
DA:06 Second Floor Plan	A	Cornerstone Design	10/09/2012
DA:07 Third Floor Plan	A	Cornerstone Design	10/09/2012
DA:08 Fourth Floor Plan	-	Cornerstone Design	July 2012
DA:09 Roof Plan	A	Cornerstone Design	2/10/2012
DA:10 Elevations	B	Cornerstone Design	20/10/2012
DA:11 Elevations	A	Cornerstone Design	10/09/2012
DA:12 Sections	A	Cornerstone Design	10/09/2012
DA: 15 Adaptable unit	-	Cornerstone Design	September 2012
L01 - Landscape Plan	B	Zenith Landscape Designs	10/09/2012
L02 – Existing Tree Plan and details	B	Zenith Landscape Designs	10/09/2012
H1: Hydraulic Details – Site Plan	4	ANA Civil Pty Ltd	4/10/2012
H2: Hydraulic Details – OSD Details	4	ANA Civil Pty Ltd	4/10/2012
H3: Hydraulic Details – Soil and Water Management Plans	4	ANA Civil Pty Ltd	4/10/2012
Draft Strata Plans – Sheets 1 to 8	-	Barry James Inwood	October 2012

*Document No.*	*Prepared by*	*Dated*
DA:13B Shadow Diagrams -AM	Cornerstone Design	20/10/2012
DA:14B Shadow Diagrams -PM	Cornerstone Design	20/10/2012
DA:16 Shadow Elevations	Cornerstone Design	October 2012
Access Report	Accessible Building Solutions	18/06/2012
Noise and Vibration Management Plan	Acoustic Solutions Pty Ltd	16/07/2012
Traffic Acoustic Report	Acoustic Solutions Pty Ltd	13/07/2012
Statement of Environmental Effects	Wayne Siwak Urban Design Consultant	July 2012
BASIX Certificate 434083M_03	Max Brightwell	10/09/2012
Traffic, Access and Car Parking Assessment 12082r	Transport and Urban Planning	June 2012
SEPP 65 Design Verification Statement	N.Lycenko	17/07/2012
Schedule of Finishes and photomontage	-	Received by Council on 18/07/2012
Waste Management Plan	Cornerstone Design	Received by Council on 18/07/2012
Arboricultural Impact Assessment Report	Jacksons Nature Works	27/05/2012

2. Removal of Existing Trees

This development consent permits the removal of trees numbered 1,2,3,4,5,6,7,8,9,10 as identified in the Tree Location Plan within the Arboricultural Impact Assessment Report prepared by Jacksons Nature Works dated 27/5/2012. The removal of any other trees requires separate approval under Council’s Tree Preservation Order.

3. Amendment of Plans

a) The following plans must be amended in accordance with the approved Ground Floor Plan (DA04C) in Condition 1 of this development consent:

*Plan No.*	*Rev*	*Drawn by*	*Dated*
L01 - Landscape Plan	B	Zenith Landscape Designs	10/09/2012
H1: Hydraulic Details – Site Plan	4	ANA Civil Pty Ltd	4/10/2012
H3: Hydraulic Details – Soil and Water Management Plans	4	ANA Civil Pty Ltd	4/10/2012

b) The approved plan DA:02 Lower Basement Plan prepared by Cornerstone Design dated 20/10/2012 must include provisions for 11 bicycle parking spaces. The design of the spaces must be in accordance with Australian Standard AS/NZS 2890.3:1993 – Bicycle Parking Facilities.

c) The approved floor plans for units 8, 15 and 22 (in drawing Nos. DA05A, DA06A and DA07A) must be amended to include a storage area as marked in red on the approved plans.

REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

4. Building Code of Australia

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

5. Contract of Insurance (Residential Building Work)

6. Water/Electricity Utility Services

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

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

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

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

7. Accessible Units

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

8. Letter Boxes

9. Dilapidation Report

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

10. Acoustic Details

The Construction certificate plans must demonstrate compliance with the recommendations in the Traffic Acoustic Report prepared by Acoustic Solutions Pty Ltd dated 13/07/2012.

11. Triangular Island

Details of the design of the triangular island as required by RMS and specified in Condition 52 of this development consent must be submitted to the RMS for approval.

12. Stormwater Drainage

a) All details be provided with the Construction Certificate Plans;

b) Connected via galvanised rectangular hollow sections, 125mm x 75mm x 3mm thick, to the kerb line in Carlingford Road; and

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

13. On Site Stormwater Detention

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

a) Details of the design be provided with the Construction Certificate plans;

b) Have a capacity of not less than 18.0 cubic metres, and a maximum discharge (when full) of 39 litres per second;

c) Have a 900 mm x 900 mm square access grate located directly above the on-site detention outlet;

d) The invert of the outlet orifice or pipe shall be set lower than the level of the graded tank floor.

e) The system must drain dry not requiring sumps;

f) An additional tank overflow system designed to convey all high level flows from the tank to the final grated pit adjacent the kerb outlet; and

g) Discharge from the detention system to be controlled via 1 metre length of pipe, not less than 50 mm 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 the street drainage disposal system.

14. Internal Driveway/Vehicular Areas

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

a) Details of design be submitted with the Construction Certificate Plans;

b) Design levels at the front boundary to be obtained from Council;

c) The driveway be a rigid pavement;

d) The driveway grade for the design waste vehicle must not exceed 15.4% and transitions for changes in grade must not exceed requirements of AS2890.2;

e) Provision must be made for a turning area for Council’s Waste Services design vehicle and permanently marked out in the basement;

f) 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;

g) Planting of landscaping strips to enhance the visual amenity of the driveway;

h) The access way (including ramp, vehicle turning area and site entry/exit) to be used by waste collection vehicles, must comply with Australian Standard AS2890.2-2002 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

i) Parking spaces for people with disabilities are to comply with AS/NZS 2890.6:2009.

j) The triangular island at the entrance to the site, as required by Roads and Maritime Services, must be completed.

15. 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;

Note1: A separate construction certificate is required to be issued prior to the commencement of any work.

Note2: 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. 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.

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

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

20. Erosion and Sediment Control

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

21. Tree Protection Barriers

Tree protection fencing must be erected around T11 as identified in the Tree Location Plan within the Arboricultural Impact Assessment Report prepared by Jacksons Nature Works dated 27/5/2012 to be retained at a 4.5 metre setback. The tree fencing must be constructed of 1.8 metre ‘cyclone chainmesh fence.

REQUIREMENTS DURING CONSTRUCTION

22. Construction Work Hours

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

Monday to Saturday 7 am to 5 pm

Sunday & Public Holidays No work

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.

24. Environmental Management

25. 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.

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. Excavated Material

30. 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.

31. Survey Report – Finished Floor Level

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

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

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

32. Contamination During Construction Works

33. Construction Noise Management

The construction works must be undertaken in accordance with the “Interim Construction Noise Guidelines – 2009” published by DECCW and the recommendations in Section 10 of the Noise and Vibration Management Plan prepared by Acoustic Solutions Pty Ltd dated 16/07/2012.

34. 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 4.5m 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).

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.

35. Fulfilment of BASIX Commitments

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

36. Sydney Water – s73 Certificate

A s73 Certificate must be obtained from Sydney Water.

37. Car Parking Allocation & Resident Storage

38. 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.

39. Creation of Easements

The following matters must be nominated on the plan of subdivision under s88B 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.

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

40. Garbage Collection Easement

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. Works as Executed Plan

46. s94 Infrastructure Contributions

The payment to Council of a contribution of $34,5242.30 for thirty additional residential units towards the cost of infrastructure identified in Council’s Development Contributions Plan 2007-2011 in accordance with the following table:

Note: The value of contribution is current as at 8/11/2012. The contribution will be adjusted from this date in accordance with the underlying consumer price index for subsequent financial quarters.

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

47. Accessibility Requirements

a) Tactile ground surface indicators are to be positioned at the top and bottom of the pedestrian entrance to the building.

b) Kitchen cupboards and equipments must not obstruct wheelchair access around doors.

c) The accessible units must include all necessary fit outs.

48. Waste Management Details

The following waste management requirements must be complied with:

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

- A comparison of the estimated quantities of each waste type against the actual quantities of each waste type.

Note: Explanations of any deviations to the approved Waste Management Plan is required to be included in this report

- That at least 60% of the waste generated during the demolition and construction phase of the development was reused or recycled.

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

49. Completion of Landscaping

A certificate must be provided by a practicing landscape architect, horticulturalist or person with similar qualifications and experience certifying that all required landscaping works have been satisfactorily completed in accordance with the approved Landscape plans, the minimum construction standards identified in the Hornsby Shire Council Landscape Code for development applications and the following additional requirements for works within the site:

a) To maintain canopy cover, 2 large trees such as Eucalyptus pilularis are to be planted on the subject site within the rear setback area. The planting location must not be within 4 metres of the foundation walls of the building. The pot size is to be a minimum 25 litres and the tree(s) must be maintained until they reach the height of 3 metres. Trees must be native to Hornsby Shire and reach a mature height greater than 12 metres.

b) Rear landscape setback area (southern boundary) – Two (2) additional Corymbia gummifera (Red Bloodwood) be installed at minimum 45 litre pot size and Four additional Waterhoiusia floribunda (Waterhousia) be installed at minimum 25 litre pot size.

c) Eastern and western boundary screen planting (within the landscape setback areas adjoining the boundaries) - Eight additional Waterhousia floribunda (Waterhousia). Trees installed at minimum 25 litre pot size.

d) On slab planter boxes to include automatic drip irrigation, subsoil drainage (proprietary drainage cell, 50mm sand and filter fabric), and waterproofing.

e) 500 mm soil depth and 75mm mulch be provided for shrubs.

f) 1000 mm soil depth and 75 mm mulch be provided for trees and palms.

Note: Any proposed landscaping or fencing must not obstruct the clear sightlines of pedestrians or cyclists travelling along the footpath of Keeler Street.

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

50. Construction for a safe environment