Agenda of General Meeting

Group Manager’s Report No. PL17/13

Planning Division

Date of Meeting: 20/03/2013

6 DEVELOPMENT APPLICATION - SINGLE NEW DWELLING - 13 COLLINGRIDGE WAY, BEROWRA

EXECUTIVE SUMMARY

DA No:	DA/1300/2012 (Lodged 10 December 2012)
Description:	Erection of a two storey dwelling-house on a vacant allotment
Property:	Lot 32, DP 270489, No. 13 Collingridge Way, Berowra
Applicant:	Zen Homes Pty Ltd
Owners:	Mr Brett John Farrell and Ms Simone Jayne Farrell
Estimated Value:	$290,000

· The proposal involves the erection of a two storey dwelling-house on a vacant allotment.

· The proposal does not comply with the Hornsby Shire Local Environmental Plan 1994 with regard to Clause 15 (Floor Space Ratio). The applicant has made a submission pursuant to State Environmental Planning Policy No. 1 (Development Standards) to vary the standard. The submission is considered well-founded and is supported.

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

· It is recommended that the application be approved.

RECOMMENDATION

THAT Council assume the concurrence of the Director-General of the Department of Planning and Infrastructure pursuant to State Environmental Planning Policy No. 1 and approve Development Application No. DA/1300/2012 for the erection of a dwelling-house at Lot 32, DP 270489, No. 13 Collingridge Way Berowra, subject to the conditions of consent detailed in Schedule 1 of Group Manager’s Report No. PL17/13.

BACKGROUND

The site is located within the grounds of the former “La Mancha Caravan Park”, which operated from 1959, prior to the gazettal of the Hornsby Shire Local Environmental Plan (HSLEP) in 1994 and the Hornsby Planning Scheme Ordinance in 1977.

On 25 October 2005, the site was approved as part of a multi-lot, Community title subdivision under DA/957/2005 and is known as the “Illoura Estate”.

The subject site is the last vacant allotment created by subdivision DA/957/2005. The dwelling-houses within the “Illoura Estate” have been approved with floor space ratios that range between 0.3:1 and 0.67:1.

SITE

The site has an area of 450m² and is located on the south-western side of Collingridge Way, Berowra. The site has an average fall of 17% from the north-eastern, front boundary to the south-western, rear boundary and is currently vacant land.

The site is burdened by an easement to drain water along the rear boundary and a Restriction as to User which states that no dwellings or associated buildings are to be erected in the Asset Protection Zone portion of the site.

The former “La Mancha Caravan Park” site, (Nos . 899 – 903 Pacific Highway Berowra) is listed as a heritage item of local significance under the provisions of Schedule D (Heritage Items) of the HSLEP. The inventory sheet states that the property represents “prominent cultural plantings of Radiata Pines from circa 1930s on prominent hilltop site beside highway”.

Adjacent development within the “Illoura Estate” is characterised by a predominance of contemporary styled, two storey dwelling-houses surrounded by well established landscaped areas. The visual character of development when viewed from the streets within the subdivision is large dwelling-houses with an absence of front fencing.

PROPOSAL

The application proposes the erection of a two storey dwelling-house and associated works. The ground floor level would comprise a double garage, porch, entry, lounge room, laundry, media room, powder room, kitchen, walk-in-pantry, shared dining and lounge area and an alfresco area. The first floor level would comprise 3 bedrooms, 2 toilets, a bathroom, an ensuite and a walk-in-robe.

The application also proposes the construction of a driveway, the installation of a rainwater tank and an air-conditioning unit and the removal of one tree as part of the development.

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.

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 Metropolitan Plan for Sydney 2036 and the Draft North Subregional Strategy as it would contribute to the achievement of the dwelling target for the Shire.

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 A (Low 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 low density residential environment; and

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

The proposed development is defined as a ‘’dwelling-house” under the HSLEP and is permissible in the zone with Council’s consent.

Clause 15 of the HSLEP prescribes that the maximum floor space ratio (FSR) of development within the Residential A zone is 0.4:1. In this instance, the proposed floor space ratio for the dwelling-house is 0.49:1. Therefore, the proposal does not comply with Clause 15 of the HSLEP.

To address this non-compliance, the applicant has made a submission to vary the standard under State Environmental Planning Policy No. 1 - Development Standard (SEPP 1).

2.2 Sydney 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. SREP 20 addresses matters related to water quality, significant vegetation habitats, extraction, environmental heritage and scenic quality, recreation and tourism, and agriculture.

The proposal is consistent with the environmental capability of the site and subject to conditions relating to sediment and erosion control, the development would minimise adverse impacts on water quality. The development complies with SREP 20 in this regard.

2.3 Draft Comprehensive Hornsby Local Environmental Plan

The Draft Hornsby Local Environmental Plan (DHLEP) was endorsed by Council at its meeting on 19 December 2012 to be forwarded to the Minister for Planning and Infrastructure to be made. In accordance with Council’s resolution, the draft Plan has been submitted to the Department for finalisation.

Under the DHLEP, the subject land would be zoned R2 – Low Density Residential “Dwelling houses” and the proposal would be permissible within the zone with Council’s consent.

2.4 State Environmental Planning Policy No. 1 – Development Standards

The application has been assessed against the requirements of State Environmental Planning Policy No. 1 – Development Standards (SEPP 1). This Policy provides flexibility in the application of development standards in circumstances where strict compliance with those standards would, in any particular case, be unreasonable or unnecessary or tend to hinder the attainment of the objectives of the Act. The applicant has made a written submission in accordance with SEPP 1.

The NSW Land and Environment Court in Wehbe v Pittwater Council [2007] NSWLEC 827 has expressed the view that there are 5 different ways in which an objection may be well founded and that approval of the objection may be consistent with the aims of the Policy as follows:

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

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

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

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

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

In regard to whether the objection may be well founded, it is considered that Point 1 is most relevant. The applicant’s SEPP 1 objection contends that “the proposal is considered to be consistent with the objective relevant to the floor space ratio design standard in that the intensity and scale of the proposed dwelling is in accordance with the subject site’s environmental capacity and remains consistent with the established low density residential zone objectives.”

The applicant has supported the proposal by noting that:

“Clause 15 (of the HSLEP) indicates that within the Residential A Zone a maximum FSR of 0.4:1 is allowable. In this instance a ratio of 0.4884:1 of the subject lot is proposed, requiring a variation of 8.84% of Council’s control.

The objective of this control is understood to be a measure to ensure the dwelling does not have an unreasonable impact on adjoining properties or the streetscape by way of overshadowing, overlooking or visual bulk.

The proposed dwelling complies with the maximum height, setback and site coverage controls within the DCP ensuring that it does not have any unreasonable impact by way of overshadowing or visual bulk. The dwelling has varied roof lines, an articulated design and ideal orientation to allow for a higher level of solar access to the adjoining properties.

The level of articulation within the building ensures that the visual bulk of the dwelling is not excessive when viewed from the street or surrounding properties.

The first floor of the dwelling predominantly comprises bedrooms and bathrooms which are considered to be low trafficable areas ensuring there is minimal potential to overlook the adjoining properties.

As there is no perceived impact on the streetscape character of the area or the amenity of adjoining properties, the proposed dwelling is considered to be able to meet the objectives of the floor space ratio controls despite the numerical non-compliance. It is recommended that the application be supported, despite the required variation as it will compliment and blend with the character of the area and is in keeping with the objectives of the zone.”

The matters listed above have been taken into consideration in assessing the merits of the SEPP1 objection.

Council and the NSW Land and Environment Court have consented to numerous developments within the “Illoura Estate” that are in excess of the 0.4:1 development standard. Of the 59 residential allotments within the “Illoura Estate”, 40 dwelling-houses exceed the 0.4:1 floor space ratio development standard, including 15 in excess of 0.5:1 and 10 in excess of 0.6:1.

In granting these consents, the 0.4:1 development standard as it has been applied in the Illoura Estate “has been virtually abandoned or destroyed by the Council's own actions”. Approval of the subject application would be consistent with these previous consents, as “compliance with the standard” would be “unnecessary and unreasonable.”

Similarly, the Court has established that, in areas comprising relatively small allotments, restricting the FSR to less than 0.5:1 may unreasonably limit potential to increase the size of existing dwelling-houses to cater for the level of residential amenity and changing social demand for housing which is now expected. This is seen as an obstacle to satisfying the objectives of the Environmental Planning and Assessment Act, 1979 which encourages the orderly and economic use of land.

With respect to the orderly and economic use of this land, the additional floor space would not impinge on the environmental and amenity aspects of the site and the underlying objectives of the zoning. In this regard, the objection under SEPP 1 is sustained. In addition, the Land and Environment Court and Council have approved other developments within the subdivision that are consistent in terms of bulk and scale to the proposal currently under consideration.

In summary, the proposed 0.49:1 FSR would be in keeping with this planning principle and would not be inconsistent with the bulk and scale of a significant proportion of dwelling-houses within the “Illoura Estate” which range between a FSR of 0.3:1 and 0.67:1.

The proposal takes into consideration the topographical constraints of the site and the additional floor space would not impinge on the environmental and amenity aspects of the site as well as the underlying objectives of the zoning.

The SEPP1 objection is well founded and is considered acceptable.

2.5 State Environmental Planning Policy (Exempt and Complying Development)

On 27 February 2009, State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (SEPP) commenced operation. Under the SEPP, the NSW Housing Code outlines how residential developments, including detached one and two storey dwelling-houses, home extensions and other ancillary development, such as swimming pools, can proceed on lots of greater than 450m² in size as complying development with Council or accredited certifier approval.

The SEPP is not applicable in this instance, as the site is located within the former “La Mancha Caravan Park” site, (Nos. 899 – 903 Pacific Highway Berowra), which is listed as a heritage item of local significance under the provisions of Schedule D (Heritage Items) of the HSLEP. In addition, the 8.6 metre height of the proposal exceeds the maximum permissible height of 8.5 metres specified in the SEPP. Notwithstanding, the proposed dwelling-house complies with the maximum gross floor area standard under the SEPP.

2.6 Dwelling House Development Control Plan

The proposed development has been assessed having regard to the relevant performance criteria and design requirements of Council’s Dwelling House DCP. The following table sets out the proposal’s compliance with the relevant prescriptive measures of the DCP:

Dwelling House DCP
Control	Proposal	Requirement	Complies
Scale
Floor space ratio	0.49:1	0.4:1	No
Site coverage	45%	40%	No
Setbacks
Front	6.3m	6m	Yes
Side (eastern)	1.02m	1m	Yes
Side (western)	1.03m	3m	Yes
Rear	5m	3m	Yes
Design
Height	8.6m	<9m	Yes
Unbroken Wall length	14.56m	10m	No
Building length	19.06m	24m	Yes
Cut and fill	0.9m	1m	Yes
Private Open Space	125m²	120m²	Yes
Landscaped Area	44%	45%	No
Car Parking
No. of spaces	2 spaces	2 spaces	Yes
Garage size	5.8m x 5.8m	5.7m x 5.4m	Yes
Solar Access
Windows to north-facing living rooms on adjoining development	>3 hours on 22 June	3 hours on 22 June	Yes
Private open space on adjoining land	>4 hours on 22 June	4 hours on 22 June	Yes

As detailed in the above table, the proposed development does not comply with a number of prescriptive measures within the DCP. The matters of non-compliance are detailed below, as well as a discussion on compliance with the relevant performance criteria.

2.6.1. Scale

The proposed development does not comply with the 0.4:1 prescriptive measure of the Dwelling House DCP and 0.4:1 development standard of the HSLEP. This matter has been addressed under Section 2.4 of this report .

The 45% site coverage of the proposed development does not comply with the 40% prescriptive measure of the Scale element. The performance criteria of the Scale element states that “the bulk and scale of dwelling-houses should be consistent with the bulk, scale and intensity of development in the area” and “the site coverage should allow adequate areas for access, car parking, landscaping, usable outdoor recreation and clothes drying”.

The proposed development satisfies this criteria as it would be in keeping with the bulk and scale of surrounding development and, besides a minor numerical non-compliance with the landscaping element, complies with the requirements for car parking, landscaping and private open space.

The proposal meets the objectives of the Scale element and is considered acceptable.

2.6.2. Design

The proposed 14.56 metre unbroken wall length of the western, ground floor level elevation and the 10.25 metre unbroken wall length of the southern, first floor level elevation do not comply with the prescriptive measure of the Design element which states that external walls should not exceed 10 metres in length without a physical “break”. Notwithstanding this, the variety of fenestration and roof lines provides sufficient articulation and avoids a monotonous and symmetrical design.

The proposal would not create an adverse impact to the streetscape, meets the objectives of the Design element and is considered acceptable.

2.6.3. Flora and Fauna Protection

The application proposes the removal of one tree located on the subject site. This tree has been determined not to be significant and that its removal would create negligible environmental impacts.

The proposed driveway would be located within close proximity to a tree located on the public reserve which is required to be retained. As a consequence, conditions of consent are recommended requiring the retention of the tree and sensitive construction methods to be used for the construction of the driveway within close proximity to the tree.

Subject to conditions, the proposal meets the objectives of the Flora and Fauna Protection element and is considered acceptable.

2.6.4. Landscaping

The proposed development would leave an area equivalent to 44% of the total site area available to be landscaped which does not comply with the 45% prescriptive measure of the Landscaping element. Notwithstanding, this is a minor numerical non-compliance and appropriate landscaping is proposed to the front, sides and rear of the proposed dwelling-house to minimize visual impacts to adjoining dwelling-houses and the streetscape as well as providing sufficient area for stormwater infiltration and clothes drying.

The proposal meets the objectives of the Landscaping element and is considered acceptable.

2.6.5. Vehicle Access and Parking

The proposed driveway gradient does not comply with the prescriptive measure of the Vehicle Access and Parking element which states that driveway gradients should not exceed 25% with a maximum transition for changes of grade of 8% per plan metre. To address this issue, conditions of consent are recommended to ensure that the driveway gradient is in accordance with these requirements.

Subject to conditions, the proposal meets the objectives of the Vehicle Access and Parking element and is considered acceptable.

2.7 Heritage Development Control Plan

The proposed development has been assessed having regard to the relevant objectives of Council’s Heritage Development Control Plan.

Schedule D (Heritage Items) of the HSLEP 1994 identifies the grounds of the former “La Mancha Caravan Park” as having local heritage significance due to the existence of ‘prominent cultural plantings of Radiata Pines from circa 1930s on prominent hilltop site beside highway” . The development would have no impact on the heritage significance of the site as no Radiata Pine trees would be affected by the proposal.

The proposed development meets the objectives of the Heritage Development Control Plan and is considered acceptable.

2.8 Berowra/Cowan Development Control Plan

The proposed development has been assessed having regard to the relevant objectives of Council’s Berowra/Cowan Development Control Plan.

The development would not be contrary to the residential strategies identified with the DCP in that the development would provide balanced, efficient and sustainable housing.

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

As discussed under Section 2.6.3 of this report, the tree identified for removal on the site is not significant and its removal would have negligible environmental impacts.

The subject site is identified as being located on bushfire prone land. On this basis, the application was referred to the NSW Rural Fire Service (RFS) for comment. The RFS raises no objections to the proposed development, subject to conditions of consent which have been included in Schedule 1 of this report.

Approval of the proposed development would create negligible environmental impacts and would not set an undesirable precedent.

3.2 Built Environment

The proposal would not be out of character with the established built form of residential development in the area and would be consistent with the form of development permitted in the locality.

Approval of this development would not detract from the established character of the area.

3.3 Social or Economic Impacts

There are no anticipated adverse social or economic impacts resulting from the proposed development.

4. SITE SUITABILITY

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

The site has the capacity to support the dwelling-house and the proposal would be consistent with the established residential character of the surrounding subdivision known as the “Illoura Estate”.

The site is considered suitable 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”.

The proposed development was placed on public exhibition and was notified to adjoining and nearby landowners (as shown in the Notification Map below) between 24 December 2012 and 21 January 2013 in accordance with Council’s Notification and Exhibition Development Control Plan. During this period, Council received no submissions.

In addition, the applicant has obtained written advice from the managers of the "Illoura Estate" community title (Community Association DP 270489) raising no objections to the proposed development.

NOTIFICATION PLAN

• PROPERTIES NOTIFIED

X SUBMISSIONS

RECEIVED

PROPERTY SUBJECT OF DEVELOPMENT

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 addressed Council’s criteria under the Dwelling House DCP and therefore, the development would be in the public interest.

CONCLUSION

The application proposes the erection of a two storey dwelling-house and associated works on a vacant allotment.

The application does not comply with the Hornsby Shire Council Local Environmental Plan, 1994 in respect to Clause 15 ‘Floor Space Ratio’. The applicant submitted a State Environmental Planning Policy No. 1 objection to vary the floor space ratio development standard. The objection is considered well founded with regard to the existing development and the principles established by the Land and Environment Court.

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

Having regard to the circumstances of the case and consideration of the SEPP 1 objection, 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	Floor Plans
2.View	Plans Architectural
3.View	Statement of Environmental Effects
4.View	Sepp 1 Objection

File Reference: DA/1300/2012

Document Number: D02113792

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:

Approved Plans

*Plan No.*	*Drawn by*	*Dated*
SHEET NO. 1 OF 1 SHEETS (1 sheet)	Apex Surveying	21/09/2012
JOB No. FAR-WD Sheet 2 to 7 & 12 (7 sheets)	Zen Homes	7/12/2012
SHADOW DIAGRAMS PAGE 1 OF 1 (1 sheet)	Raad Building Design	30.11.12

Supporting Documentation

*Document Title*	*Prepared by*	*Dated*
Waste Management Plan	Zen Homes	Undated
Statement of Environmental Effects	Local Consultancy Services	December 2012
SEPP 1 Objection	Local Consultancy Services	December 2012
BASIX Certificate No. 448166S	Building Energy Assessments	21 September 2012

2. Removal of Existing Trees

This development consent only permits the removal of tree numbered T1 as identified on Sheet No. 1 of 1 prepared by Apex Surveying dated 21/09/2012. 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. 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.

6. Sydney Water – Quick Check

The application must be submitted to a Sydney Water ‘Quick Check Agent’ or ‘Customer Centre’ for approval to determine whether the development will affect any Sydney Water infrastructure, and whether further requirements are to be met.

Note: Refer to www.sydneywater.com.au or telephone 13 20 92 for assistance.

7. Design and Construction - Bushfire Attack Category

New construction must comply with the current Australian Standard AS3959 ‘Construction of buildings in bush fire-prone areas’ in accordance with the Bushfire Attack Level (BAL) and section A3.7 Addendum Appendix 3 of Planning for Bushfire Protection indicated below, together with conditions based on Planning for Bush Fire Protection 2006, as follows:

a) The southern elevation must comply with section 3 and 7 (BAL 29) of Australian Standard AS3959 ‘Construction of buildings in bush fire-prone areas’ and section A3.7 Addendum Appendix 3 of ‘Planning for Bushfire Protection’;

b) The northern, eastern and western elevations must comply with section 3 and 7 (BAL 19) of Australian Standard AS3959 ‘Construction of buildings in bush fire-prone areas’ and section A3.7 Addendum Appendix 3 of ‘Planning for Bushfire Protection’;

c) All guttering and valleys must be screened with non-corrosive mesh to prevent the build up of flammable material. Any materials used shall have a Flammability index no greater than 5; and

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

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

8. 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.

9. 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.

10. 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.

11. Bushfire Management – Protection Zones

At the commencement of building works the entire property must be managed as an inner protection area (IPA) as outlined within section 4.1.3 and Appendix 5 of ‘Planning for Bush Fire Protection 2006’ and the NSW Rural Fire Service’s document ‘Standards for asset protection zones’.

Note: Further information concerning planning for bush fire protection can be found at: www.rfs.nsw.gov.au.

REQUIREMENTS DURING CONSTRUCTION

12. Construction Work Hours

All work on site including earth works, must only occur between 7am and 5pm Monday to Saturday. No work is to be undertaken on Sundays or public holidays.

13. 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.

14. Disturbance of Existing Site

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

15. Works near Trees

To ensure the health and longevity of the tree located on the public reserve, all excavation works (including driveways) within 4 metres of the tree numbered T2 on Sheet No. 1 of 1, prepared by Apex Surveying dated 21/09/2012, must be hand dug and 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.

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.

16. Survey Report – Finished Floor Level

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

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

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

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION 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:

17. Fulfilment of BASIX Commitments

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

18. Stormwater Drainage

The stormwater drainage system for the development must be designed and constructed for an average recurrence interval of 20 years and be connected to an existing inter-allotment drainage system.

19. Internal Driveway/Vehicular Areas

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

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

b) The driveway be a rigid pavement; and

c) The driveway grade must not exceed 25 percent and changes in grade must not exceed 8 percent per plan metre.

20. 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; and

c) Approval obtained from all relevant utility providers that all necessary conduits be provided and protected under the crossing.

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.

21. Damage to Council Assets

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

22. Installation of Air Conditioner

To protect the amenity of adjacent properties, the condenser unit for the air conditioner must be sited a minimum of 3 metres from the property boundary of any adjoining residential premises unless a certificate has been prepared by a suitably qualified person confirming that the unit has been tested for heating and cooling on the highest settings and that the noise levels generated do not exceed 5 dB(A) above background noise levels when tested at the property boundary between 8 pm and 10 pm.

- 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; and

· 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 a s a single or multi-trunked wood perennial plant having a height of not less than three (3) metres, and which develops many branches, usually form 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”.

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.

Group Manager’s Report No. PL19/13

Planning Division

Date of Meeting: 20/03/2013

7 DEVELOPMENT APPLICATION - SECTION 96(2) - DEMOLITION OF EXISTING DWELLINGS AND CONSTRUCTION OF AN AFFORDABLE HOUSING DEVELOPMENT COMPRISING 46 DWELLINGS - NOS. 7, 9 AND 11 HANNAH STREET AND NOS. 129 - 131 COPELAND ROAD, BEECROFT

EXECUTIVE SUMMARY

DA No:	DA/1305/2011/A (Lodged 9 November 2012)
Description:	Section 96(2) modification to amend approved plans for Building 1.
Property:	Lot 103 DP 775322, Lot E DP 410414, Lot F DP 410415, Lot 1 DP 1051980, Lot 12 DP 818116, Nos. 7, 9 and 11 Hannah Street and Nos. 129-131 Copeland Road, Beecroft
Applicant:	Uniting Care Ageing – Sydney
Owner:	The Uniting Church in Australia Property Trust (NSW)
Estimated Value:	N/A
Ward:	C

· The application proposes modifications to the approved plans for Building 1 to alter the roof form and the façade of the building in Hannah Street.

· The proposal complies with the relevant provisions within State Environmental Planning Policy (Affordable Rental Housing) 2009. The proposal would not detract from the heritage significance of the Beecroft-Cheltenham Heritage Conservation Area.

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

· It is recommended that the application be approved.

RECOMMENDATION

THAT pursuant to Section 96(2) of the Environmental Planning and Assessment Act, 1979, Development Application No. 1305/2011 for the demolition of existing dwellings and construction of an Affordable Housing development comprising 46 dwellings at Lot 103 DP 775322, Lot E DP 410414, Lot F DP 410415, Lot 1 DP 1051980, Lot 12 DP 818116, Nos. 7, 9 and 11 Hannah Street and Nos. 129-131 Copeland Road, Beecroft be amended as detailed in Schedule 1 of Group Manager’s Report No. PL19/13.

BACKGROUND

On 26 July 2012, the Sydney West Joint Regional Planning Panel (JRPP) resolved to approve DA/1305/2011 for the demolition of existing dwellings and construction of an Affordable Housing development comprising 46 dwellings.

On 15 August 2012, Council resolved to seek legal advice as to whether it has any grounds of appeal against the approval by the JRPP. On 17 October 2012, Council received legal advice which advised that there was no matter likely to support a challenge to the validity of the development consent granted by the JRPP.

On 29 November 2012, the applicant lodged Section 96(1A) Application DA/1305/2011/B for several minor amendments to approved plans for Building 1, Building 2 and Building 3. The application is yet to be determined (refer details attached).

SITE

The development site has an area of 6,547m² and is an irregular shaped site with a frontage of 47m to the southern side of Hannah Street. The main part of the site, away from the street frontage, has a width of approximately 100m. The site includes part of Nos. 129-131 Copeland Road (Copeland Gardens Retirement Village) including the accessway off Copeland Road.

The site has a south westerly aspect and an average gradient of 15% to the southern boundary with adjoining properties fronting Copeland Road. A stormwater drainage easement and open drainage line cross the western part of the site. Approved works including demolition and tree removal have commenced on the site.

The site adjoins the rear yards of existing dwelling houses fronting Hannah Street and Copeland Road and the rear boundary of 1960s walk-up residential flat buildings fronting Beecroft Road. The approved accessway off Copeland Road is over the existing access to the Copeland Gardens Retirement Village and the Beecroft Uniting Church car park.

The site adjoins heritage items at No. 5A Hannah Street (‘Eltham’ & garden) and No. 127 Copeland Road (house). There are a number of heritage items in the vicinity of the site on Beecroft Road, including St Johns Anglican Church, the former Beecroft Post Office, the Beecroft School of Arts Building and Beecroft Public School which are significant community buildings. The site is within the Beecroft-Cheltenham Heritage Conservation Area.

The indigenous trees on the site are identified as Blue Gum High Forest, a critically endangered ecological community.

The site is within walking distance of Beecroft shops and commercial centre and Beecroft Railway Station east of the site. Beecroft Road forms the western boundary of the commercial centre and is a State Road with traffic-lights controlling the Hannah Street and Copeland Road intersections. The Beecroft Primary School and the Beecroft Bowling Club are opposite the site on Copeland Road. The built form of the commercial centre has undergone little change since the 1970s, with redevelopment maintaining the predominant two to three storey building height.

The area surrounding the site is within a low density residential zone including the 1960s residential flat buildings on the western side of Beecroft Road adjoining the eastern boundary of the site. The streetscape and pattern of low density development on Copeland Road and Hannah Street has generally remained consistent with the original pattern of subdivision, the later development involving dwelling houses on battleaxe lots maintaining the streetscape.

APPROVED DEVELOPMENT

The approved development includes demolition of existing dwellings and construction of an Affordable Housing development comprising 46 dwellings within three residential flat buildings ranging in height from two to five storeys. The affordable housing is to be managed by Uniting Care Ageing, a registered community housing provider.

PROPOSAL

The proposal seeks to modify Building 1 as follows:

· Amend the roof design to replace the clerestory roof elements with a series of terracotta tiled pitched roofs.

· Amend the size and location of windows for Units 29, 30, 41 and 42 and the awning to provide contrasting elements in the Hannah Street façade.

· Replace the upper level brickwork at the Hannah Street elevation with fibre cement panels.

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 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 additional housing and employment opportunities with Hornsby Shire. The proposed modifications would not alter the residential floorspace provided as part of the development.

2. STATUTORY CONTROLS

2.1 Environmental Planning and Assessment Act 1979 – Section 96(2)

Pursuant to Section 96(2) of the Environmental Planning and Assessment Act 1979, Council may consider an application to amend development consent provided that, inter alia:

“a) it is satisfied that the development to which the consent as modified relates is substantially the same development, and

b) it has consulted with the relevant Minister, public authority or approval body (within the meaning of Division 5) in respect of a condition imposed as a requirement of a concurrence to the consent or in accordance with the general terms of an approval proposed to be granted by the approval body and that Minister, authority or body has not, within 21 days after being consulted, objected to the modification of that consent, and

c) it has notified the application in accordance with the regulations, and

d) it has considered any submissions made concerning the proposed modification within the period prescribed by the regulations.”

With regard to Section 96(2)(a), it is considered that the proposal as amended is substantially the same as the development originally approved.

With regard to Section 96(2)(b), the original proposal was not subject to concurrence of another authority.

Pursuant to Section 96(2)(c) and (d) the application was notified in accordance with Council’s Notification and Exhibition Development Control Plan. The matters raised in the submissions received are discussed in Section 5 of this report.

2.2 Hornsby Shire Local Environmental Plan 1994

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

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

b) to promote a variety of housing types and other land uses compatible with a low density residential environment and sensitive to the land capability and established character of this environment.

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

The affordable housing development was approved pursuant to State Environmental Planning Policy (Affordable Rental Housing) 2009 which prevails to the extent of any inconsistency with the HSLEP in respect to Clause 14 Density and Clause 15 Floorspace Ratio. The proposed modifications do not alter the approved density or floorspace.

Clause 18 of the HSLEP sets out heritage conservation provisions within the Hornsby Shire local government area. The site is within the Beecroft-Cheltenham Heritage Conservation Area and is in the vicinity of a number of items of heritage. The applicant has submitted a Heritage Impact Assessment in respect to the impact of the proposed development on the heritage significance of the Conservation Area. Refer to discussion in Section 3.2.1.

2.3 Draft Hornsby Local Environmental Plan

The Draft Hornsby Local Environmental Plan (Draft HLEP) was endorsed by Council at its meeting on 19 December 2012 to be forwarded to the Minister for Planning and Infrastructure to be made. In accordance with Council’s resolution, the draft Plan has been submitted to the Department for finalisation. The Draft HLEP essentially reiterates the current land use zoning applicable to the site as outlined below:

2.3.1 Zoning

The site would be zoned R2 (Low Density Residential) zone pursuant to the Land Use Table of the Draft HLEP. The approved development is currently permissible in accordance with provisions of State Environmental Planning Policy (Affordable Rental Housing) 2009 and the current zoning which permits multi-unit housing. However, the approved development would not be permissible within the R2 (Low Density Residential) zone as residential flat buildings (multi-unit housing) are prohibited in the zone.

The draft Plan includes a savings provisions that any development application lodged prior to the commencement of the Plan must be determined as if the Plan has not commenced.

2.3.2 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 8.5 metres. The approved development does not comply with this requirement.

2.4 State Environmental Planning Policy (Affordable Rental Housing) 2009

The provisions of the Policy provide planning incentives for increasing the supply of affordable rental housing and to retain existing rental housing. The planning incentives are applicable for sites that are within walking distance of public transport.

The proposed modification does not alter the approved development in respect to the applicable development standards under the Policy.

The Policy includes provision for developments to be compatible with the character of the local area. In this regard, approved Building 1 subject of the application is designed with regard to the heritage significance of Hannah Street and heritage listed houses in the vicinity. The proposed modification has further regard to the heritage significance of Hannah Street and is supported by a Heritage Impact Assessment. Refer to discussion in Section 3.2.1.

3. ENVIRONMENTAL IMPACTS

3.1 Natural Environment

The proposed modification does not alter the approved building footprint and would not result in additional impacts on the natural environment.

3.2 Built Environment

3.2.1 Heritage Significance

The site is located within the Beecroft/Cheltenham Heritage Conservation Area listed under the provisions of Schedule E (Heritage Conservation Areas) of the HSLEP. The site is also within the vicinity of Nos. 5A, 28 and 30 Hannah Street, Beecroft and Nos.121 and 127 Copeland Road, Beecroft which are listed respectively as heritage items (“Eltham” and garden), (house, garden and outbuilding), (house), (garden) and (house) of local significance under Schedule D (Heritage Items) of the HSLEP.

The proposed modification alters the approved façade and roof of Building 1 which was subject to previous consideration by the Heritage Advisory Committee. In response to the proposed modification, the Committee considered the roof form and elevations to be an improvement to the approved design. However, the Committee noted that the proposed 15º roof pitch would not be consistent with adjacent dwellings in Hannah Street. In response, the applicant submitted design details for a 30º roof pitch. However, due to the absence of eves the 30º roof pitch would result in an overly dominant roof form and diminish the effective integration of the modern building in the streetscape.

The proposed modification as submitted maintains the traditional terrace appearance of Building 1 in the streetscape and is considered acceptable.

3.3 Social Impacts

Not applicable to the proposed modification.

3.4 Economic Impacts

Not applicable to the proposed modification.

4. SITE SUITABILITY

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

The proposed modification would not change the suitability of the site for the development as approved.

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 modification was placed on public exhibition and was notified to adjoining and nearby landowners and to previous submitters, between 28 November and 12 December 2012 in accordance with Council’s Notification and Exhibition Development Control Plan. During this period, Council received eighteen submissions. The map below illustrates the properties in the vicinity of the development site.

NOTIFICATION PLAN
	X SUBMISSIONS RECEIVED	PROPERTY SUBJECT OF DEVELOPMENT
7 SUBMISSIONS RECEIVED OUTSIDE MAP RANGE

18 submissions have been received objecting to the development, generally on the following grounds:

· Traffic and car parking congestion;

· Removal of significant trees;

· Impact of 5 storey development on heritage significance, privacy and neighbourhood amenity;

· Pedestrian safety in Copeland Road;

· Lack of lift to access Beecroft Railway station;

· Construction impacts on amenity;

· Lack of infrastructure for additional residents;

· Does not pass the character test;

· Flooding impact on Copeland Road properties;

· Geotechnical site issue and drainage;

· Impact on critically endangered ecological community;

· Inadequate access for people with a disability;

· Overshadowing;

· Amendments do not address concerns with original application; and

· Increase in roof zone Buildings 2 and 3 and changes in windows.

The submissions generally raise concerns regarding the approved development or in respect to DA/1305/2011/B. There were no objections to the proposed modification to Building 1 subject of the application.

6. THE PUBLIC INTEREST

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

CONCLUSION

The proposed modification seeks to the roof design and façade of Building 1 in Hannah Street. The amendments are considered acceptable in respect to the character of the area and the heritage significance of the Beecroft-Cheltenham Heritage Conservation Area.

The proposed modification is substantially the same development as approved. The proposal does not alter the approved development in respect to the relevant planning controls under State Environmental Planning Policy (Affordable Housing) 2009.

The submissions received in response to the notification of the Section 96(2) application generally relate to the original approved development.

The application is recommended for approval.

Rod Pickles

Manager - Development Assessment

Planning Division

James Farrington

Group Manager

Planning Division

Attachments:

1.View	Locality Map
2.View	Site Plan
3.View	Elevation Plan
4.View	Roof Plan
5.View	Statement of Heritage Impact
6.View	DA/1305/2011/B Details of Modification

File Reference: DA/1305/2011/A

Document Number: D02124568

SCHEDULE 1

Date of this modification:	20 March 2013
Details of this modification:	Section 96(2) application to amend the approved plans for Building 1 by changing the roof form and the Hannah Street façade.

Conditions Added:	Nil
Conditions Deleted:	Nil
Conditions Modified:	1

GENERAL CONDITIONS

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

1. Approved Plans and Supporting Documentation

*Plan No.*	*Drawn by*	*Dated*
DA00 Title Sheet	Brewster Hjorth Architects	19/6/12
DA01 Survey Plan	Brewster Hjorth Architects	7/6/12
DA02 Site Plan–Rev D	Brewster Hjorth Architects	19/6/12
DA03 Demolition-Rev C	Brewster Hjorth Architects	20/4/12
DA04 Lower Ground Floor–Rev C	Brewster Hjorth Architects	16/4/12
DA05 Ground Floor-Rev C	Brewster Hjorth Architects	16/4/12
DA06 Level 1-Rev C	Brewster Hjorth Architects	16/4/12
DA07 Level 2-Rev C	Brewster Hjorth Architects	16/4/12
DA08 Level 3-Rev C	Brewster Hjorth Architects	16/4/12
DA09 Level 4-Rev C	Brewster Hjorth Architects	16/4/12
DA10 Roof Plan-Rev C	Brewster Hjorth Architects	26/4/12
DA11 Elevations-Rev D	Brewster Hjorth Architects	20/6/12
DA12 Elevations-Rev D	Brewster Hjorth Architects	16/4/12
DA13 Elevations-Rev D	Brewster Hjorth Architects	16/4/12
DA14 Elevations-Rev E	Brewster Hjorth Architects	16/4/12
DA15 Elevations-Rev E	Brewster Hjorth Architects	1/5/12
DA16 Elevations-Rev F – Section 96(2)	Brewster Hjorth Architects	9/11/12
DA19 Colours and Materials Rev B	Brewster Hjorth Architects	23/4/12
DA22 Sections-Rev A	Brewster Hjorth Architects	5/6/12
LC01 Landscape Concept Plan Rev D	Taylor Brammer Landscape Architects	18.06.12
LC02 Landscape Concept Plan Rev G	Taylor Brammer Landscape Architects	18.06.12
LC03 Landscape Sections and Themes Rev C	Taylor Brammer Landscape Architects	16.04.12

*+Document No.*	*Prepared by*	*Dated*
D01818466 Waste Management Plan	BBC Consulting Planners	7.11.11
D0181468 Building Code of Australia Report	BCA Logic	9 Nov 2011
D01818472 Basix Certificate	Benchmark Building Certifiers	15 Nov 2011
D01818475 Access Report	Access Associates Sydney	2 Nov 2011
D01818481 Vegetation Management Plan	Cumberland Ecology	Nov 2011
D01818482 Arborist Report	Blues Arboricultural & Horticultural Services	4 Nov 2011
D01818484 Acoustic Report	Wilkinson Murray	Nov 2011
D01818491 Construction Management Plan	BBC Consulting Planner	Nov 2011
D01917199 Detailed Contamination Assessment	Geotechnique Pty Ltd	3 May 2012

2. Removal of Existing Trees

This development consent only permits the removal of tree(s) numbered 1, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 24, 25, 26, 29, 31, 32, 32a, 33, 33a, 33b, 34, 35, 36, 37, 38, 40, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 64, 65, 72, 73, 74, 76, 78, 79, 84, 87, 88, 89, 93, 94, 95, 96, 97, as identified on plan at Appendix 3 – Tree Numbering / Survey of the Arboricultural Impact Assessment Report prepared by Blues Arboricultural & Horticultural Services dated 4 November 2011. The removal of any other trees requires separate approval under Council’s Tree Preservation Order.

3. Amendment of Plans

The approved plans are to be amended as follows:

a) The two storey component of Building 3 is to be amended to address the floor level required by Condition No. 37.

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)

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

6. Water/Electricity Utility Services

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

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

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

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

7. Dilapidation Report

A ‘Dilapidation Report’ is to be prepared by a ‘chartered structural engineer’ detailing the structural condition of Nos. 5A, 15, 17 and 19 Hannah Street, Nos. 76, 78 and 80 Beecroft Road and Nos. 125B and 125 Copeland Road, Beecroft.

8. Construction Traffic Management Plan

A Construction Traffic Management Plan (CTMP) must be prepared by a qualified traffic engineer and is to be submitted to Council for approval. The CTMP must detail the following:

a) Arrangements for public notification of the works.

b) Temporary construction signage.

c) Permanent post-construction signage.

d) Heavy vehicle movement plans to and from the site.

e) Traffic management plans.

f) Pedestrian and cyclist access/safety.

g) Construction parking plans

9. Vegetation Management Plan

The Vegetation Management Plan (VMP) prepared by Cumberland Ecology is to be amended to delete reference to the Community Lounge and to provide additional planting and regeneration in this area.

10. Construction Environmental Management Plan

The applicant shall prepare a Construction Environmental Management Plan which shall be submitted to Council for approval. The purpose of this document is to provide an A3 site plan with advisory specifications for construction workers on site. The plan shall be prepared by a suitably qualified and experienced person and include the following information:

- scaled survey plan of the site showing the development footprint in relation to the Blue Gum High Forest and remnant trees proposed for retention;

- location of protective fencing (1.8m high cyclone mesh) installed around bushland areas proposed for retention and to be clearly delineated from building works areas;

- location of tree protection fences for specific trees approved for retention;

- location of temporary and permanent trenches required for installation of services;

- location and specification of sediment and erosion control fencing to prevent degradation of known threatened species and their habitat recorded immediately down-slope of the building site (in accordance with Council’s Blue Book – Sustainable Water Best Practices);

- location of soil, mulch, waste and building material stock piles;

- location of dedicated construction vehicle parking areas;

- specifications of approved cut and fill;

- location of road-base only within the approved development foot print (i.e. driveway);

- notation describing ‘that no mulch is to be applied within the Blue Gum High Forest Regeneration Area’;

- Phytophthora management protocols;

- A qualified arborist (AQF5 level) shall supervise the severance of any roots greater than 40mm;

- An ecologist shall be on site during tree clearing works to ensure fauna is relocated. Prior to the approved removal of hollow bearing trees the applicant is to carry out the following actions to prevent harm to native wildlife:

· Ensure the trees are removed in sections by a qualified Tree Surgeon just prior to dusk when roosting animals would be alert and likely to disperse ‘naturally’ from the site. Ensure that trees are knocked several times (with a hammer etc.) to alert any roosting animals of the possibility of danger. Ensure that all tree hollows are be examined prior to and immediately after their removal to ensure roosting animals are free from danger.

Note: WIRES (Wildlife Rescue) volunteers can be contacted on (02) 8977 3333 or Wildlife Services Sydney Metropolitan volunteers can be contacted on (02) 9413 4300. Information on animal nesting boxes can be gained from WIRES, Kalkari Information Centre in Ku-Ring-Gai Chase National Park, or Birds Australia web site – www.birdsaustralia.com.au

The Construction Environmental Management Plan must be endorsed by Council’s Bushland and Biodiversity Team and the applicant’s project ecologist.

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

11. Erection of Construction Sign

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

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

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

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

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

12. Protection of Adjoining Areas

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

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

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

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

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

13. Toilet Facilities

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

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

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

14. Erosion and Sediment Control

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

15. Tree Protection Barriers

Tree protection fencing must be erected around trees numbered T30, T39, T41, T63, T66 –T68, T90,- T92, T94 – T99 to be retained at a 3 metre setback. The tree fencing must be constructed of 1.8 metre ‘cyclone chainmesh fence’ or star pickets spaced at 2 metre intervals, connected by a continuous high-visibility barrier/hazard mesh at a height of 1 metre.

To avoid injury or damage, trees numbered T21, T22, T23 must have trunks protected by 2 metre lengths of 75mm x 25mm hardwood timbers spaced at 80mm secured with galvanised wire (not fixed or nailed to the tree in any way.

REQUIREMENTS DURING CONSTRUCTION

16. Construction Work Hours

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

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

Note: DECCW has prepared guidelines for construction noise: Interim Construction Noise Guidelines – 2009.

17. Demolition

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

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

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.

18. 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.

19. Street Sweeping

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

20. Works near Trees

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

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

21. Bushland protection prior and during construction

To ensure the protection of bushland during construction, the applicant must ensure the following:

a) To protect the bushland and retained trees from the effects of building materials, sedimentation and erosion from development sites the applicant will ensure that no filling of soil and no stockpiling of building materials is to occur within 4 metres of the adjacent bushland or retained indigenous trees for the duration of the on-site works.

b) The installation of durable and high visibility orange mesh held up by star pickets are to be installed at the following locations to prevent damage of native vegetation proposed for retention during construction:

i) Around the Blue Gum High Forest Forest Regeneration Area the mesh shall be placed more than 4m from the trunk of any tree to avoid damage to critical root zones to delineating the construction site.

c) All machinery is to be cleaned of soil and debris before entering the site to prevent the spread of weeds and fungal pathogens.

Note: The site contains Blue Gum High Forest which is listed as a Critically ‘Endangered Ecological Community’ under the ‘Threatened Species Conservation Act 1995’. The Act prohibits the disturbance to threatened species, endangered populations and endangered ecological communities, or their habitat, without the approval of the ‘Department of Environment and Climate Change’ where such activities are not authorised by a development consent under the ‘Environmental Planning and Assessment Act 1979’.

Actions such as tree removal, understorey slashing or mowing, removal of dead trees within this vegetation would likely impact upon this endangered ecological community. Such action would qualify as illegally picking or disturbing the habitat and could render any person who carried out such action as LIABLE FOR PROSECUTION.

22. Council Property

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

23. Disturbance of Existing Site

24. 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.

25. 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.

26. Survey Report – Finished Floor Level

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

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

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

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION 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.

27. Fulfilment of BASIX Commitments

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

28. Sydney Water – s73 Certificate

A s73 Certificate must be obtained from Sydney Water.

29. Stormwater Drainage

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

a) Connected to the existing Council drainage system. Engineering plans detailing the proposed connection to the existing system are to be prepared and submitted to Hornsby Shire Council for approval. The plans shall assess the hydraulic performance of the system to ensure that the 1 in 20 year post development storm event can be conveyed into the drainage system.

b) The watercourse located within the drainage easement benefiting Hornsby Shire Council is to be reconstructed in accordance with the recommendations of the SPAD Consulting Engineers Report dated 28 May 2012. Engineering plans detailing the proposed works are to be prepared and submitted to Hornsby Shire Council for approval.

30. On Site Stormwater Detention

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

a) Have a capacity of not less than 189m³, and a maximum discharge (when full) of 40 litres per second.

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

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

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

31. Internal Driveway/Vehicular Areas/ Vehicular Crossing

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

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

b) The driveway be a rigid pavement.

c) The driveway is to have a minimum width across the road reserve at Hannah St and at Copeland Rd of 5.5m and this width is to extend 6m inside the property boundary. The grade of the driveway in this location shall not exceed 5%.

d) In accordance with Councils Civil Works Specification the Hannah St access crossing is to be a residential heavy duty driveway and the Copeland Rd access crossing is to be a commercial driveway.

e) The existing driveway from Copeland Rd, within the subject property, may remain subject to a certificate prepared by a NPER registered civil engineer certifying that the existing driveway has been constructed in accordance with the requirements of AS 3727.

f) Retaining walls required to support the carriageway and the compaction of all fill batters to be in accordance with the requirements of a chartered structural engineer.

g) The section of the driveway between Building 2 and Building 3 for emergency vehicle access only is to be designed separately to integrate with the proposed landscaping and pedestrian pathways.

32. Footpath

Prior to the issue of a Construction Certificate for these works a separate application under the Local Government Act, 1993 and the Roads Act, 1993 must be submitted to Council for the construction of footpaths within the road reserve. A concrete footpath must be constructed along the full frontage of the subject site in Hannah St and the existing footpath removed 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 to the full frontage of the subject site.

c) The land adjoining the footpath to be fully turfed.

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

33. Road Works

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

a) The existing kerb and gutter across the frontage of the site in Hannah St is to be removed and reconstructed.

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

c) The verge area in Hannah St is to be regraded from the property boundary to the top of kerb at a grade of 4%. Retaining walls and/or batters are to be constructed within the subject property to retain the filled land.

34. Traffic Control Plan

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

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.

35. Damage to Council Assets

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

36. Consolidation of Lots

All lots within the development site are to be consolidated into one lot.

37. Minimum Floor Level

The floor level of Building 3 shall be no lower that 136.80m AHD in accordance with the SPAD Consulting Engineers report dated 28 May 2012 to ensure that the proposed building is flood free. A certificate from a registered surveyor is to be submitted to the PCA confirming that this minimum floor level has been achieved.

38. Creation of Easements

The following easements and/or restrictions are to be created on the title of the property in accordance with the provisions of the Conveyancing Act 1919:

a) A restriction to user over the swale and flow path for a 100 year average recurrence interval storm. The "Restriction on the Use of Land" over the affected area is to prohibit the alteration of the final floodway shape and the erection of any structures, including fencing, in the floodway without the written permission of Council. The terms of this restriction must be obtained from Council.

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 and the restriction on the use of land “works-as-executed” details of the on-site-detention system and overland flow path works must be submitted verifying that the required storage and discharge rates have been constructed in accordance with the design requirements. Furthermore a Certificate from a NPER registered engineer is to be submitted verifying that the OSD will function hydraulically in accordance with the approved plans and this consent. The details must show the invert levels of the on site system together with pipe sizes and grades. Any variations to the approved plans must be shown in red on the “works-as-executed” plan and supported by calculations.

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

39. 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.

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. Completion of Landscaping

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

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

42. Protection of Native Vegetation

To inform current and future owners that the areas of significant native vegetation on the site are protected from development the following conditions apply.

a) Restricted Development Area

A Restriction-As-To-User shall be created under Section 88B of The Conveyancing Act 1919 to preserve the remnant Blue Gum High Forest Endangered Ecological Community, where no building work including paving, excavation or construction, no removal of native vegetation (trees, shrubs and groundcovers) except those trees identified in the conditions of consent, no stockpiles, no changes to soil aeration or hydrological capacity, no open cut trenching, no placement of temporary buildings, no parking or movement of machinery, no spillage/disposal of building waste are to occur within the western portion of the site, as marked in diagonal lines on marked up drawing Council reference No. D01969628. This area is to be considered the ‘Restricted Development Area’.

b) Positive Covenant For Conservation of Native Vegetation

A positive covenant shall be created under Section 88E of The Conveyancying Act 1919 for the area marked in diagonal lines on marked up drawing Council reference No. D01969628. This area is to be considered the ‘Restricted Development Area’. The covenant shall specify:

i) All landscaping/vegetation management shall be in accordance with the Vegetation Management Plan prepared by Cumberland Ecology dated Nov 2011 as amended in accordance with Condition No. 9.

ii) Any approved tree removal within the ‘Restricted Development Area’ shall be replaced within this defined area with local provenance advanced stock of the same species, so a continual stand of trees will be preserved.

iii) No development shall encroach within the ‘Restricted Development Area’, nor any removal of indigenous vegetation.

iv) High use open space areas shall be limited to land outside the ‘Restricted Development Area’.

v) Trees within the ‘Restricted Development Area’ shall be inspected triannually by a qualified arborist and treated to maintain tree health to ensure the stand of trees will be preserved.

43. 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.

44. Boundary Fencing

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

b) Fencing along the western boundary adjoining Copeland Road properties must be 2.0m high lapped and capped timber fencing

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. Unit Numbering

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

47. Site Remediation Verification

The applicant must provide documentation from a suitably qualified environmental consultant verifying that the site has been remediated in accordance with the NSW Environment Protection Authority’s Contaminated Sites – Guidelines for Consultants Reporting on Contaminated Sites, the Contaminated Sites- Sampling Design Guidelines Contaminated Sites – Guidelines for the NSW Site Auditor Scheme and the recommendations of the Detailed Contamination Assessment prepared by Geotechnique Pty Ltd dated 3 May 2012.

48. s94 Infrastructure Contributions

The payment to Council of a contribution of $473,763.00 for 45 x 2 bedroom dwellings and 1 x 3 bedroom dwelling towards the cost of infrastructure identified in Council’s Development Contributions Plan 2007-2011.

Note: * The value of contribution is current as at 15 July 2012. The contribution includes a credit for the 4 existing dwelling houses. 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.

49. Affordable Rental Housing

The development is to provide affordable rental housing pursuant to the provisions of State Environmental Planning Policy (Affordable Rental Housing) 2009 and the following conditions:

a) The development is to include 32 affordable housing dwellings managed by The Uniting Church in Australia Property Trust (NSW) for 10 years from the date of the Occupation Certificate.

b) A restriction is to be registered, before the date of the issue of the Occupation Certificate against the consolidated title of the development site, in accordance with Section 88E of the Conveyancing Act 1919.

OPERATIONAL CONDITIONS

50. 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.

51. 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

52. Noise – Plant and Machinery

The level of total continuous noise emanating from operation of all the plant, including air conditioning units and processes in all buildings (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.

An acoustic assessment is to be undertaken by a suitably qualified environmental consultant within 60 days of occupying the site in accordance with the Environment NSW Industrial Noise Policy (2000), Council’s Policy and Guidelines for Noise and Vibration Generating Development (Acoustic Guidelines V.5, 2000) and the DECC’s Noise Guide for Local Government (2004). The assessment must be submitted to Council for review. Should the assessment find that noise from the premise exceeds 5dB(A) appropriate measures must be employed to rectify excessive noise.

53. 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.

54. Waste Management

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

55. Landscape establishment

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

- END OF CONDITIONS –

ADVISORY NOTES

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

Environmental Planning and Assessment Act, 1979 Requirements

· The Environmental Planning and Assessment Act, 1979 requires:

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

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

· Mandatory inspections of nominated stages of the construction inspected.

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

Long Service Levy

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

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

Tree Preservation Order

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.

Dial Before You Dig

Asbestos Warning

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

www.environment.nsw.gov.au

www.nsw.gov.au/fibro

www.adfa.org.au

www.workcover.nsw.gov.au

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

House Numbering

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

Group Manager’s Report No. PL22/13

Planning Division

Date of Meeting: 20/03/2013

8 FURTHER REPORT - ANIMAL BOARDING OR TRAINING ESTABLISHMENT - CHANGE OF USE - 21 GEELANS ROAD, ARCADIA

EXECUTIVE SUMMARY

DA No:	DA/763/2012 (Lodged 25 July 2012)
Description:	Use of the site as an animal boarding or training establishment and construction of a dressage arena
Property:	Lot 11 DP 217208, No. 21 Geelans Road, Arcadia
Applicant:	Uniting Church in Australia Property Trust
Owner:	Uniting Church in Australia Property Trust
Estimated Value:	$100,000
Ward:	A

· The application proposes the use of the site as an animal boarding and training establishment and construction of a dressage arena.

· On 20 February 2013, Council considered Group Managers Report No. PLN5/13 evaluating the application and resolved to defer the matter to enable an onsite meeting with available Councillors, the applicant and adjoining property owners.

· An onsite meeting was held on 4 March 2013. At the conclusion of the meeting, it was noted that the matter would be referred back to Council for determination subject to additional conditions addressing submitters concerns.

· The proposal complies with the requirements of the Hornsby Shire Local Environmental Plan 1994 and generally complies with the Rural Lands Development Control Plan.

· It is recommended that the application be approved.

RECOMMENDATION

THAT Development Application No. DA/763/2012 for the use of the site as an animal boarding and training establishment and construction of a dressage arena at Lot 11 DP 217208, No. 21 Geelans Road, Arcadia be approved as a deferred commencement pursuant to Section 80(3) of the Environmental Planning and Assessment Act, 1979 subject to the conditions of consent detailed in Schedule 1 of Group Manager’s Report No. PL22/13.

BACKGROUND

On 26 February 1969, Council granted Certificate of Consent No. 38/1960 for a church-operated Youth and Adult Conference Centre. The approved development included the construction of a main conference centre building, two attached dormitory buildings, a caretaker’s residence, a swimming pool, an amphitheatre, several ball game courts and an artificial lake in the south-western corner of that site, accessed from Vision Valley Road. It also included the construction of a motel (with associated recreation building), a caravan park and sports oval towards the east and south-east of that site, with access from Geelans Road.

On 12 November 1970, Council granted Certificate of Consent No. 147/1970 for the same development as described above, following the expiry of the abovementioned 12-month consent.

On 9 March 1988, Development Application No. 529/87 was approved for erection of a second dwelling on Lot 11 Geelans Road, Arcadia. Condition No. 3 of the consent required that the building be used to accommodate staff employed as their principle occupation at the Vision Valley complex.

On 15 December 1988, Council issued a satisfactory inspection report in response to an application for inspection of animal boarding establishment and/or kennel for 13 horses at No. 21 Geelans Road, Arcadia. Council records also indicate that animal boarding establishment inspections were undertaken prior to this date and also at later dates with the address noted as ‘Vision Valley’ on the application form.

On 4 May 2011, Development Application No. 61/2011 was approved for alterations and additions to an existing horse boarding and training establishment.

On 3 August 2011, a Class 4 Appeal was lodged in the Land and Environment Court against Council’s determination of Development Application No. 61/2011.

On 8 August 2011, Development Application No. 61/2011/A was lodged to modify the approved extension to the dressage arena. This application is currently held in abeyance pending the outcome of the Class 4 appeal and the assessment of Development Application No. 763/2012

On 25 July 2011, Development Application No. 763/2012 was lodged for the use of the site as an animal boarding or training establishment and construction of a dressage arena. The application was lodged to address matters raised in the Class 4 appeal. This application is the subject of this report.

On 20 February 2013, Council considered the subject application and resolved that:

Consideration of this matter be deferred to allow an on-site meeting between Councillors, the applicant and affected residents.

In accordance with Council’s resolution, on 4 March 2013 an on-site meeting was held to discuss the application. The meeting was attended by the representatives of the owners of the site, approximately 20 adjoining property owners and persons who had made submission’s on the application, Councillors Hutchence, Singh, Browne, Russell and Azizi, the Group Manager Planning Division and Manager Assessments.

At the onsite meeting, the applicant provided an overview of the application and residents outlined their concerns. Discussion included consideration of the following:

· Relocation of the dressage arena to the west.

· Setbacks and separation from adjacent properties.

· License requirements for the septic system.

· The intensity of the use including the number of horses and visitors.

· Wash down facilities for the horses.

· Management of the facility.

· Onsite WC facilities.

· Landscaping of the arena.

· Hours of operation consistent with Council’s Rural Sports Facility.

Following the onsite meeting, the relocation of the dressage arena to the west was raised with the applicant who advised that this is not a suitable option for the following reasons:

· The proposed relocation would result in the arena being directly across the existing internal road access from the front of the property to the rear, which is used for trail riders to access the rear of the property for the trail rides, as well as being the vehicular access to the rear for bushfire, maintenance and safety purposes.

· Relocating the dressage arena would require the re-routing of the internal access road entirely around the eastern or western side of the dressage ring. There would be both engineering considerations and amenity considerations arising from this, given it would move the road closer to the objectors’ property to the east and compromise existing agistment paddocks to the west.

The matters raised at the onsite meeting have been addressed in this report.

SITE

The site is one of five allotments, which make up the 30 hectare ‘Vision Valley Conference and Recreation Centre’ facility (hereafter ‘Vision Valley’). The Centre provides camps and retreats for organisations and school groups.

Vision Valley comprises a number of buildings and recreational facilities including:

· Four lodges accommodating a total of 224 beds.

· A conference centre containing a dining room and large auditorium and meeting rooms.

· A chapel with seating for up to 100 people including a kitchen, bathrooms and large open veranda overlooking the lake.

Outdoor facilities include a large playing field located at the eastern end of the site, two swimming pools, volleyball court, a ‘pirate ship’ playground and large amphitheatre. Existing recreational facilities on the site include a flying fox, giant swing, rock climbing, archery, horse riding and water activities.

The conference centre is located within a natural bushland setting and surrounded by steep embankments and sand stone rock outcrops. The site is located at the headwaters of Halls Creek (a tributary of Berowra Creek).

The proposed development is located on Lot 11 DP 217208 (the site), which is located on the northern side of Geelans Road and has access from Geelans Road, whilst the broader campus access is from Vision Valley Road. There is only restricted internal road connection from Vision Valley Road to the site on a gravel track for maintenance vehicles and further access is only via horse and walking track.

Existing development on the site comprises two cottages, a small dressage arena, an office and storage facilities/ tack room.

Surrounding development comprises rural residential dwellings to the west and east and across the road to the south. While the dwellings to the west and south are set well back from the property boundaries, the dwelling and agricultural shed to the east (No. 23 Geelans Road) is located approximately 1 metre from the side boundary.

PROPOSAL

The proposal seeks consent to use the land as an animal boarding and training establishment in conjunction with the Vision Valley Recreation Centre and to construct a horse arena/ dressage ring. The proposal is an attempt to address operational concerns raised by the adjacent property owner located to the east, being No. 23 Geelans Road.

The horse arena would be 2318m²in area and would be used for dressage and jumping of horses. Construction of the arena would require filling of the land to a maximum depth of 1.7m to form a level area. Paddock A would be utilised for agistment of horses. The land has a fall of 6.5 metres towards the property to the east.

The Statement of Environmental Effects (SEE) submitted with the application states that the keeping of horses and use of the horses on the site is for trail rides and associated equestrian activities run by Vision Valley. The proposed hours of operation for the dressage arena and trail riding facilities are 8am - 6pm Eastern Standard Time and 8am - 8pm Daylight Saving Time and that the Horse Centre Team will be there earlier to prepare horses for the day and possibly later to put horses away.

It is noted that the facilities are also used by the staff who reside on the site for their private use at times outside the usual working hours.

The application proposes the keeping of 20 horses on the site at any one time and there may be up to 3 additional horses which may on occasions be brought to the site for daily activities.

Following the construction of the dressage ring, the previous training area would be used for grazing of two horses only. This area would be equally divided perpendicular to the boundary fence. A fence line is to be established to limit access to the horses within nine metres of the adjoining residence to the east, being No. 23 Geelans Road. Landscape planting is also proposed to visually screen the neighbour’s residence from the grazing area.

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 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 Metropolitan Plan for Sydney 2036 by providing recreational facilities for a growing population.

2. STATUTORY CONTROLS

2.1 Hornsby Shire Local Environmental Plan 1994

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

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

(b) to promote agricultural use of land and provide for a range of compatible land uses which maintain the agricultural and rural environment of the area.

(c) to ensure development is carried out in a manner that improves the environmental qualities, and is within the servicing capacity, of the area.

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

Clause 10 of the HSLEP requires the Council to be satisfied that adequate water and sewerage services are available to the development. The land is serviced by town water but not reticulated sewerage. Existing development on the site is connected to the sewage treatment plant located on No. 7 Vision Valley Road (the main campus) and the existing irrigation areas are to be fenced to ensure horses and people using the facility do not enter the area.

Clause 15 of the HSLEP does not prescribe a maximum floor space ratio (FSR) for development within the Rural AA (Large Holdings - Agricultural Landscapes) zone.

Clause 18 of the HSLEP sets out heritage conservation provisions within Hornsby Shire. The site is not listed as a heritage item of local significance or located in the vicinity of an item. It is also not located within a heritage conservation area.

2.2 Draft Comprehensive Hornsby Local Environmental Plan

The draft Hornsby Local Environmental Plan (DHLEP) was endorsed by Council at its meeting on 19 December 2012 to be forwarded to the Minister for Planning and Infrastructure to be made. In accordance with Council’s resolution, the draft Plan has been submitted to the Department for finalisation.

Under the DHLEP, the subject land would be zoned RU1 Primary Production and ‘animal boarding and training establishment’ would be permissible within the RU1 Primary Production zone with Council’s consent.

2.3 State Environmental Planning Policy No. 44 Koala Habitat Protection

The Policy requires Council to consider whether development upon land with an area greater then 1 hectare would have an adverse impact upon potential koala habitat. The site does not represent a potential or core koala habitat and consequently, no further consideration of the Policy is required.

2.4 Sydney Regional Environmental Plan No. 20 Hawkesbury-Nepean River

The site is located within the catchment of the Hawkesbury-Nepean River. As such, the land is subject to the provisions of Sydney Regional Environmental Plan No. 20 Hawkesbury-Nepean River (SREP 20). The aim of SREP 20 is to protect the environment of the Hawkesbury-Nepean River system by ensuring that the impacts of the development are considered in the regional context. 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 would have the potential to impact on the water quality of the catchment of the Hawkesbury-Nepean River system during construction. In this regard, appropriate measures designed to prevent the escape of sediment laden waters from the site are required and have been recommended as a condition of approval. The applicant has also submitted an Environmental Management Plan (EMP) for the ongoing management of the animal boarding and training establishment to ensure that the disposal of waste is undertaken in a manner that would not impact on the water quality of the catchment. Appropriate conditions of consent are included in Schedule 1 to address these matters.

2.5 Rural Lands Development Control Plan

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

Rural Lands Development Control Plan
Control	Proposal	Requirement	Compliance
Site Area	2.034 Ha	2 Ha	Yes
Area of dressage ring	2,318m²	N/A	N/A
Car parking Animal boarding & training establishment Existing dwellings	9 spaces unchanged	Not specified unchanged	See discussion below Yes
Setbacks Front (Geelans Road) Rear (north) Side (east) Side (west)	70m 5m 41.5m 74m	15m 15m 15m 15m	Yes No Yes Yes

As detailed in the above table, the proposed development does not comply with the setback requirements within Council’s Rural Lands DCP. The matter of non-compliance is detailed below, as well as a brief discussion on compliance with relevant performance requirements.

2.5.1 Land Uses: Keeping of Animals and Animal Boarding or Training Establishment

The objectives of Council’s Rural Lands DCP seek to ensure that the keeping of animals and their associated activities do not impact on surrounding residents or the environment.

The Rural Lands DCP states that noise from animals should not adversely impact upon adjoining residents, albeit acknowledging that a certain level of animal noise should be tolerated within a rural area. The proposed dressage ring would be located at a considerable distance from residences with the closest dwelling being approximately 42 metres away (to the east). It is considered that the dressage ring is unlikely to result in any uncharacteristic or unacceptable noise, as the proposal would be:

· Located at a considerable distance from adjoining residences, with the closest dwelling being 42 metres (to the east);

· Screened by recommended landscaping along the Western and Southern sides of the arena;

· Used relatively infrequently and for limited time periods during the day; and

· Supervised by trained staff.

It is noted that the existing jumping paddock would cease when the proposed dressage ring is operational. Once the proposed arena has been constructed, the area known as the jumping paddock would be used for grazing of horses. The applicant has stated that a fence line would be installed at nine metres from the eastern boundary of the site to limit the number of horses grazing adjacent to the adjoining dwelling to the east, (No. 23 Geelans Road). At the onsite meeting, it was agreed that the 9 metre fence line should extend from the front boundary to the start of the shed on the neighbouring property at No. 23 Geelans Road. As the plans do not indicate this fence line, it is recommended that a condition be imposed requiring the installation of this fence line. A condition is also recommended that the number of horses in paddock A be limited to a maximum of two.

Development Consent No. DA/61/2011 required that a dense screen of trees be planted 3 metres from the eastern side boundary to establish an appropriate level of privacy in relation to the adjoining residence. The NSW Rural Fire Service (RFS) has raised concerns with regards to this requirement which is addressed in Section 4 of this report. Notwithstanding, a submission on behalf of the adjoining property owner has indicated that they do not wish for the landscape screening to be located within the 9 metre buffer area. The plans do not indicate any landscaping/ screen planting on the eastern boundary and it is not proposed to require this as a condition of consent.

The application proposes the keeping of 20 horses on the site at any one time and there may be up to 3 additional horses which may on occasions be brought to the site for daily activities. As the horses would be predominantly hand fed and used for trail rides on the Vision Valley main campus or activities on the dressage (sand) arena, Council’s assessment concludes that the number of horses proposed would not have a detrimental impact on the environmental capabilities of the site and a condition of consent is recommended to be imposed limiting the site to the requested 20 horses with up to 3 additional horses brought to the site for daily activities.

Given the above assessment, the proposal would not generate adverse amenity impacts.

2.5.2 Setbacks

The Rural Lands DCP requires a 15 metre setback to all property boundaries in the rural areas. The proposed dressage arena is located approximately 5 metres from the northern rear boundary. Whilst the siting of the dressage arena does not comply with the rear setback requirements of the DCP, the site abuts the main Vision Valley campus to the north and would not impact on the amenity of surrounding properties. Accordingly, no objection is raised to the non-compliance with the rear setback requirement.

2.5.2 Car Parking

A number of submissions raise concern with the past use of the site for competitions and pony clubs on weekends which resulted in traffic impacts due to the volume of cars and horses bought to the site. Council sought clarification of the proposed use and the applicant has advised that it would not be used for hire by outside groups and is to be used solely by Vision Valley for the keeping of horses for their trail rides and associated activities. Accordingly, a condition of consent regarding the use of the site is included in Schedule 1.

The dressage ring would cater for visitors in conjunction with the existing facilities at the Vision Valley Recreation Centre. It is not expected that the development would generate additional patronage and therefore, the proposed 9 car parking spaces would cater for any visitors to the site for agistment purposes.

Based on the information submitted, most users would be attending the main campus and would therefore not arrive via car to the site and all tour buses would attend the main campus via Vision Valley Road. Accordingly, the recommended conditions in Schedule 1 would address the concerns raised with regards to traffic generation and car parking on the site.

At the onsite meeting, concerns were raised regarding the traffic, noise and amenity impacts associated with buses arriving at the facility. To address this issue, a condition of consent is recommended limiting any buses delivering visitors to Vision Valley to the main entrance via Vision Valley Road.

2.5.3 Acoustics

The application proposes that the hours of operation for the dressage arena and trail riding facilities be 8am - 6pm Eastern Standard Time and 8am - 8pm Daylight Saving Time and that the Horse Centre Team would be there earlier to prepare horses for the day and possibly later to put horses away.

A number of submissions raise concerns with regards to the hours of operation, particularly the request to operate until 8pm during daylight savings. At the onsite meeting, it was also suggested that the hours of operation should be ‘in line’ with the operating hours of Council’s Rural Sports Facility (DA/53/2005). Accordingly, to maintain the amenity of surrounding properties, it is proposed to restrict the hours of operation to 8.30 am to 5 pm, 7 days a week.

Schedule 1 also contains conditions restricting the hours of accessibility to the site for horse agisters/boarders for grooming / horse care to 6am to 6pm, Monday to Friday and 7am to 6pm, Saturday, Sunday and Public Holidays.

2.5.4 Air Quality

Submissions raise concerns with regards to dust and odour as a result of the proposed development. Subject to the recommended conditions in Schedule 1, requiring compliance with the submitted EMP, dust suppression measures and requirements for the storage and removal of manure from the site, the proposed development would not have a detrimental impact upon the air quality of the locality.

2.5.5 Drainage Control and Wastewater

Submissions raise concerns with regards to effluent disposal for the site. The existing dwellings and other buildings on the site are connected to the sewage treatment plant located on No. 7 Vision Valley Road (main campus) that services the entire Vision Valley holdings. Treated effluent from the sewage treatment system is irrigated onto the premises rather that discharging into Charleton’s Creek.

The existing wash bay on site is connected to an absorption trench and would cater for any run-off wastewater. The dressage arena has been designed with a spoon drain along the southern boundary to prevent run-off from the site entering the dressage arena. Council’s environmental assessment of the application raises no objections to the proposal in relation to drainage control and wastewater and all works would be designed and constructed in accordance with Council’s Civil Works Specification.

At the onsite meeting, the residents queried whether there is a licence for the waste water disposal system on the Vision Valley site. The Environment Protection Authority (EPA) notified Council that on 23 January 2013 the EPA issued a notice of surrender of environment protection licence 1584 for the sewage treatment plant as the Vision Valley Conference and Recreation Centre for the following reasons:

· The maximum permissible discharge volume of 160 kilolitres per day is significantly less than the processing capacity of 750 kilolitres per day prescribed in clause 36 of Schedule 1 to the Protection of the Environment Operations Act 1997 above which the sewage treatment system would require an environmental protection licence, and

· The statutory annual returns submitted by the licensee (Uniting Church in Australia Property Trust (NSW)) for at least the last 10 reporting periods indicate that there has been no discharge to receiving waters.

As a result of the notice and associated licence surrender, Council has become the appropriate regulatory authority for the system and as such the owners of Vision Valley are required to apply to Council for an Approval to Operate a Sewage Management System. Council officer, will undertake an inspection of the Sewage Management System within the next month prior to issuing the Approval to Operate, which are currently issued on a 3 yearly basis in the Shire.

At the onsite meeting, concerns were also raised with regards to the size of the absorption trench that the wash bay area for the horses is connected to. As the existing structures on the site comprising two dwellings and the office are connected to the sewage treatment plant on the main campus, a condition is recommended in Schedule 1 that the horse wash bay be connected to the existing wastewater system (ie. the sewage treatment plant). Furthermore, the EMP provides requirements for the cleaning of the wash bay including the removal of solids (eg, manure and hair), so that only wastewater will be directed to the wastewater disposal system.

2.6 Code for the Keeping of Animals and Schedule 2 Local Government (General) Regulation 2005

The proposal has been assessed having regard to Council’s Code for the Keeping of Animals. The Code provides standards which may be considered by Council in the assessment of a development application for the keeping of animals.

Part 3 of the Code provides specific controls for the keeping of horses, including:

· Horses must not be kept within nine metres of a dwelling, and

· Horse yards must be enclosed so as to prevent the escape of horses and prevent them from coming within the distance prescribed (nine metres).

The Code has been drafted in Accordance with the provisions of Schedule 2 of the Local Government (General) Regulation 2005, which states:

1. Horses and cattle must not be kept within nine metres (or such greater distance as the council may determine in a particular case) of a dwelling, school shop, office, factory, workshop, church or other place of public worship, public hall or premises used for the manufacture, preparation or storage of food.

2. The floors of stables must be paved with concrete or mineral asphalt or other equally impervious material, and must be properly graded to drain.

3. Horse yards and cattle yards must be so enclosed as to prevent the escape of horses and cattle.

4. The standards in this clause apply to a person only if the council has served an order under section 124 of the Act to that effect on the person.

As suggested in the Regulation, the restriction on the ‘keeping of animals’ does not prevent the ‘grazing of animals’. In this context, the restriction relates to the stabling of horses, which should not be within nine metres of the adjoining dwelling. The construction of the dressage ring away from the adjoining dwelling is consistent with the intention of the Regulation (and Code).

The applicant states that the existing jumping arena is to become grazing space for a maximum of two horses only. A fence line would be established to control horses accessing the paddock within nine metres of the adjoining residence. The fence line would extend from the Geelans Road frontage to the shed located on the adjoining property at No. 23 Geelans Road.

Submissions state that airborne dust during windy weather, top soil loss during rainfall and horse manure may adversely impact adjacent bushland. In response to these issues, it is recommended that the arena be hosed on a daily basis as part of the maintenance procedure. A condition is recommended for the horse arena to be sited, constructed and drained so as to prevent manure and refuse being washed or deposited onto any adjoining property.

The proposed dressage ring is considered to be acceptable with respect to the requirements within Council’s Code for the Keeping of Animals and the Local Government (General) Regulation 2005.

3. ENVIRONMENTAL IMPACTS

3.1 Natural Environment

Submissions received raised concerns that an Arboricultural Impact Assessment was not submitted with the application. The application was amended and additional information submitted to demonstrate that no works are proposed within undisturbed areas on the site, thereby not requiring the preparation of an Arboricultural Impact Assessment.

Council’s assessment of the proposal included a detailed examination of the existing trees on site and concluded that the proposed development would not necessitate the removal of any trees from the site and that subject to the recommended conditions in Schedule 1 which include tree protection fencing during the works, the proposed development would not have a detrimental impact upon the natural environment.

Discussions at the onsite meeting, proposed that screen planting be provided around the dressage arena on the eastern and part of the southern boundaries to address visual amenity impacts on the adjoining property. Accordingly, this is recommended as a condition in Schedule 1.

3.2 Built Environment

Given the proposed siting of the dressage arena on the site and proposed tree planting, it is considered that the development would not have any detrimental impacts upon the built environment.

Council’s engineering assessment of the traffic impacts of the development concludes that the proposed development has adequate car parking provision on site and that subject to the recommended conditions in Schedule 1, the proposal would not have a detrimental impact on the locality with regards to traffic generation and impacts.

3.3 Social Impacts

The proposed development would not have a detrimental social impact upon the locality.

3.4 Economic Impacts

Submissions raise concern regarding the potential adverse impacts upon the land values of adjoining properties. This is not a relevant matter for consideration under section 79C of the Environmental Planning and Assessment Act 1979. No evidence has been submitted to indicate that an adverse impact on land values would occur. It is considered that the proposal would not result in a negative economic impact on the locality.

4. SITE SUITABILITY

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

4.1 Bushfire Risk

There is no known hazard or risk associated with the site with respect to landslip, subsidence and flooding that would preclude the proposed development. The land is however identified as being bushfire prone and the proposal was referred to the NSW Rural Fire Service (RFS) in accordance with Section 79BA of the Environmental Planning and Assessment Act 1979.

The RFS reviewed the plans and raises concerns with regard to the proposed landscaping adjacent to the dwelling at No. 23 Geelans which could result in a possible bush fire risk to the dwelling on the neighbouring lot.

The applicant has submitted additional information which includes management practices to ensure that the screen planting shall be maintained and the fuel load reduced to a level where it does not pose risk to address the issues raised and the application was re-referred to the RFS. The RFS reviewed the submitted information and raises no objection to the proposed development subject to the recommended condition in Schedule 1 requiring an asset protection zone to prevent direct flame contact with a building on the neighbouring lot.

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 7 August 2012 and 28 August 2012 in accordance with Council’s Notification and Exhibition Development Control Plan. Additional information was received and the application was re-notified between 5 December 2012 and 19 December 2012. Council received a total of 26 submissions from 21 properties and/or groups including a petition during both notification periods. 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
11 SUBMISSIONS INCLUDING 1 PETITION RECEIVED OUT OF MAP RANGE

25 submissions including 1 petition object to the development, generally on the grounds that the development would result in:

· Existing use operating without consent

· Impact on land values

· Increased traffic and road safety issues

· No parking for tour buses

· Noise (acoustic report not provided)

· Dust

· Odour

· Lack of information submitted

· Impact upon character and amenity of the locality

· Environmental capacity of the site for the proposed use

· Hours of operation

· Impacts of existing and proposed security lighting

· ‘Best practice obligations’ have not been defined

· No indication of the size or number of animal waste bins have been provided

· Effluent disposal with particular reference to the wash bay area

· Insufficient toilet facilities on-site

· Does not comply with the 30m setback requirement for horses under the draft DCP

· No provision for capture of surface effluent on the site

· Arboricultural Impact Assessment not provided

· Insufficient information with regards to onsite sewage management system

· Proposed landscaping is inconsistent with ‘Planning for Bush Fire Protection 2006’

· Buffer zone is not shown on the plans

· Inadequate and misleading signage to delineate between the Vision Valley Conference Centre from the Vision Valley Horse Centre

· Proposed absorption trench is located on a rock shelf

· The applicant has not detailed the number of people attending the site at any one time

· Unclear as to which paddocks will be used for agistment and which ones will be used for jumping and riding lessons

· Approval of the development would take patronage away from local Clubs and Sporting Bodies that use The Rural Sports facility

· Easements are not shown on the plan and proposed works may be located over easements

· No dimensions of buildings and offices etc shown on plans

· Wastewater irrigation areas may affect the dam on a neighbouring property

· No mention is made with regard to hold Birthday Parties on the site and serving of food in close proximity to the keeping of animals.

One submission supports, or is neutral to the development. However, the submission sought clarification of a number of points raised above in the other submissions received.

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 Existing Use Operating Without Consent

Prior to 2011, there has been no development consent granted for the use of the property for animal boarding and training. However, Council records indicate that licences have been issued in the past for an animal boarding and training establishment at No. 21 Geelans Road. Furthermore, the application seeks to include the use as part of the proposal.

5.1.2 Lack of Information

A number of submissions raise concerns with regards to a lack of information submitted, including but not limited to the number of people attending the site, holding of birthday parties etc at the facility and buffer zones not shown on plans.

The applicant has stated that the facility is to be used to board the horses used in trail rides and associated activities at the Vision Valley Conference Centre. Accordingly, appropriate conditions of consent are recommended in Schedule 1 to address the use and operation of the site, so as to maintain the amenity of adjoining properties.

5.1.3 Does Not Comply With The 30m Setback Requirement For Horses Under The Draft DCP

Whilst it is acknowledged that the proposed development is inconsistent with the 30m setback requirement specified in Council’s draft DCP, the document is currently a draft and Council is not required to address the draft DCP under the Environmental Planning and Assessment Act 1979 as part of the assessment of this application. Notwithstanding, a 9 metre setback is proposed to minimise impacts on the adjacent dwelling.

5.1.4 Approval Of The Development Would Take Patronage Away From Local Clubs And Sporting Bodies That Use The Rural Sports Facility

The proposed dressage ring is to be used in conjunction with the activities associated with the Vision Valley Conference Centre. The site cannot be hired out to clubs and sporting bodies and therefore, should not take patronage away from those local clubs and sporting bodies that utilise the Rural Sports Facility.

5.1.5 Inadequate And Misleading Signage To Vision Valley

A submission raises concerns that there is inadequate and misleading signage to delineate between the Vision Valley Conference Centre from the Vision Valley Horse Centre resulting in additional traffic including tour buses on Geelans Road.

No signage is proposed as part of the existing application, however it is noted that on 20 February 2013, Council approved DA/3/2013 to upgrade the sign located at the intersection of Arcadia Road and Vision Valley Road.

5.1.6 Lighting

Submissions raise concerns with regards to lighting of the proposed development. Whilst the EMP indicates that some security lighting is proposed, the location and details on the plans have not been provided. Furthermore, as the proposed use would occur only in daylight hours, a condition in Schedule 1 is recommended stating that external flood lighting ancillary to, or used in conjunction with the approved use is not permitted. The condition also requires any security lighting to be designed and installed in accordance with Australian Standard AS 4282 – Control of the Obtrusive Effects of Outdoor Lighting. This would ensure that light spill would not impact on the amenity of adjoining properties.

5.1.7 Easements

Submissions raise concerns that existing private easements are not shown on the plan and proposed works may be located over these easements. A survey plan was submitted with the Construction Certificate application for DA/61/2011 (CC/39/2011) which indicates that there would be no adverse impact on the easement because of adequate distance available between the easement and the dressage ring. The location of the dressage ring would not impact on the existing easement. Any subsequent concerns with regards to the private easement would be a civil matter.

5.2 Public Agencies

The development application is not Integrated Development under the Act. However, the development is sited on bushfire prone land and was referred to the RFS for comment as discussed previously in the report.

6. THE PUBLIC INTEREST

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

The application is considered to have satisfactorily addressed Council’s and relevant agencies’ criteria and would provide a development outcome that, on balance, would result in a positive impact for the community. Accordingly, it is considered that the approval of the proposed development would be in the public interest as it would provide recreational facilities to cater for residents of Hornsby Shire and beyond.

CONCLUSION

The application proposes the use of the site as an animal boarding and training establishment and construction of a dressage arena. The use of the site as an animal boarding and training establishment is to operate in conjunction with the Vision Valley Recreation Centre.

The proposal satisfies the objectives of the Hornsby Shire Local Environmental Plan 1994 and Council’s Rural Lands Development Control Plan. The development improves existing impacts on an adjoining dwelling and provides an opportunity for Council to impose conditions that mitigate future impacts. It is considered unlikely the proposed development would result in any detrimental impacts upon the natural and/or built environments, or have any negative social or economic impacts.

Twenty-five submissions were received objecting to the proposed development. Subject to the recommended conditions of consent in Schedule 1, the proposal is assessed as suitable for the site and is recommended for approval.

Furthermore, as there is an existing consent for the construction of the sand arena and use of the site for an animal boarding and training establishments (DA/61/2011), which may result in conflict with this proposal, it is recommend that approval be granted as a deferred commencement subject to the surrender of Development Consent No. 61/2011.

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 Plans
2.View	Site Plan and Car Park Plan
3.View	Dressage Arena Plans

File Reference: DA/763/2012

Document Number: D02128127

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 surrender of Development Consent No. DA/61/2011 in accordance with the requirements of Clause 97 of the Environmental Planning and Assessment Regulation 2000.

A notice of voluntary surrender of a development consent, as referred to in section 104A of the Act, is to be given to the consent authority and is to include the following information:

i) the name and address of the person by whom the notice is given,

ii) the address, and formal particulars of title, of the land to which the consent relates,

iii) a description of the development consent to be surrendered,

iv) if the person giving the notice is not the owner of the land, a statement signed by the owner of the land to the effect that the owner consents to the surrender of the consent,

v) if development has commenced to be carried out in accordance with the consent—a statement setting out the circumstances that indicate:

· that so much of the development as has been carried out has been carried out in compliance with any condition of the consent, or any agreement with the consent authority relating to the consent, that is relevant to that part of the development, and

· that the surrender will not have an adverse impact on any third party or the locality.

Such information shall be submitted within 6 weeks of the date of this notice.

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 Maitland and Butler Architects Pty Ltd

*Plan No.*	*Title*	*Rev*	*Dated*
WES38-D08	Irrigation Plan (Plan A)	A	29 November 2012
WES38-D10	Parking (Plan B)	B	27 November 2012
WES38-D09	(Drainage Plan (Plan C)	B	27 November 2012
WES38-D04	Section A	A	23 July 2012
WES38-D05	Detail Section - Detail 1	A	23 July 2012
WES38-D06	Detail Section - Detail 2	A	23 July 2012
WES38-D07	Detail Section - Detail 3	A	23 July 2012

Supporting Documentation

Document Title

Prepared by

Dated

Environmental Management Plan

[D02075588]

Mersonn Pty Ltd

Undated/ received at Council 5 December 2012

3. Amendment of Environmental Management Plan

The submitted Environmental Management Plan (EMP) prepared by Mersonn Pty Ltd received at Council on 5 December 2012 is to be amended such that the 9 metre setback from Lot 12 DP 217208, No. 23 Geelans Road is not to include landscaping other than grass or other suitable ground cover.

4. Use of Jumping Paddock

To maintain the reasonable amenity of adjoining residents, all jump structures shall be removed from ‘Paddock A’ (as indicated in red on the approved plan), adjacent to Lot 12 DP 217208, No. 23 Geelans Road and the paddock must cease to be used for jumping purposes within 6 months of the date of this consent or at the completion of the dressage arena extension, whichever occurs sooner.

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.

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

6. 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.

7. Erosion and Sediment Control

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

8. Tree Protection Barriers

To avoid injury or damage, the 2 Eucalyptus saligna (Sydney Blue Gum) trees located within the car park area must have their trunks protected by 2 metre lengths of 75mm x 25mm hardwood timbers spaced at 80mm secured with galvanised wire (not fixed or nailed to the tree in any way).

REQUIREMENTS DURING CONSTRUCTION

9. Construction Work Hours

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

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

10. Environmental Management

During the construction of the development, 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.

11. Works near Trees

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

The applicant is to ensure that no excavation, including sub-surface trenching for stormwater or other services, filling or stockpiling of building materials, parking of vehicles or plant, the use of machinery other than hand held, disposal of cement slurry, waste water or other contaminants is to occur within the nominated Tree Protection Zone (TPZ) of any tree to be retained.

Nominated Tree Protection Zones (TPZ) Table

Tree No.	Species	Location	TPZ
1	Eucalyptus saligna	Proposed car park	9.6m
2	Eucalyptus saligna	Proposed car park	9.6m
3	Eucalyptus saligna	West of proposed car park entry	9.6m

12. Council Property

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

13. Landfill

All fill material imported to the site required for the construction of the dressage arena 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.

14. Excavated Material

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.

15. Internal Driveway/ Vehicular Areas/ Parking Area

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

a) The driveway being constructed from road base.

b) The driveway is to be designed so that all vehicles can exit the site in a forward direction

c) All signage as identified in the Environmental Management Plan prepared by Mersonn Pty Ltd and submitted to Council on 5 December 2012 is to be erected.

16. Vehicular Crossing

A separate application under the Local Government Act, 1993 and the Roads Act, 1993 must be submitted to Council for the reconstruction of the vehicular crossing. The vehicular crossing must be constructed in accordance with Council’s Civil Works Design, 2005.

17. Wastewater to Existing System

All wastewater generated within the approved development, including the dwellings, office and horse wash down bay must be directed to the existing onsite sewage management system servicing the site.

18. Screen Planting

A dense screen of trees or shrubs must be planted adjoining the southern and eastern sides of the dressage arena as indicated in red on the approved plans, to screen the development from the adjoining dwelling at Lot 12 DP 217208, No. 23 Geelans Road. The trees must be of native species, indigenous to the area, having non-invasive root system and obtain a mature growth height of approximately 3 to 4 metres. The landscaping must comply with the principles of Appendix 5 of Planning for Bush Fire Protection 2006.

OPERATIONAL CONDITIONS

19. Use of Premises

a) The development approved under this consent shall be used for an ‘animal boarding and training establishment’ in conjunction with Vision Valley and not for any other use, or separate purpose without Council’s separate written consent.

b) No camping is permitted on the site.

20. Use of Dressage Ring

a) The dressage arena is not to be used for competition or hire.

b) All jumping associated with the use shall occur within the dressage arena.

21. Hours of Operation

a) The hours of operation of the animal boarding and training establishment are restricted to 8.30 am to 5 pm, 7 days a week.

b) Hours of accessibility to the site for horse agisters/boarders are restricted to those times listed below and shall be for grooming / horse care purposes only:

Monday to Friday 6 am to 6 pm

Saturday, Sunday & Public Holidays 7 am to 6 pm

c) The use of the horse arena by horse agisters/boarders outside the hours of use applicable to the animal boarding and training establishment is prohibited, other than by permanent residents of the property.

22. Number of Horses

a) To limit unreasonable impacts associated with overstocking of the site, a maximum of 20 horses may be kept on the site at any one time.

b) No more than 3 additional horses may be brought to the site for daily activities.

23. Keeping of Horses

a) A fence line must be constructed to prevent horses from grazing within 9 metres of the adjoining dwelling at Lot 12 DP 217208, No. 23 Geelans Road. The fence line is to extend from the Geelans Road frontage to at least a point adjacent to the shed located on Lot 12 DP 217208, No. 23 Geelans Road.

b) No more than 2 horses are to be kept in Paddock A at anytime.

24. Manure Storage Bins

a) Refuse should be placed in a receptacle such as a large metal bin with a flanged-fitting metal lid which is water-proof, prevents access to flies and vermin and reduces the emission of noxious odours. When full, the bin should be emptied and disinfected and the waste removed from the site.

b) No spreading of manure is to occur in Paddock A.

c) The manure storage bins are not to be located within 80 metres of Lot 12 DP 217208, No. 23 Geelans Road.

25. Storage of Horse Floats

The storage of horse floats on-site for a commercial purpose is prohibited. Only horse floats registered/ owned by persons living permanently on the premises may be stored on the premises.

26. External Lighting

a) External flood lighting ancillary to, or used in conjunction with, the approved use is not permitted.

b) Any security 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.

27. Toilet Facilities

Toilet facilities including a minimum of 1 male and 1 female WC must be provided on site to cater for visitors and employees.

28. Ongoing Site Management

The site shall be managed in accordance with the Environmental Management Plan (EMP) prepared by Mersonn Pty Ltd received at Council on 5 December 2012 and the following requirements:

a) The operator of the riding school shall ensure the training area (and all ancillary areas associated with the use of the site as a horse riding school) are regularly cleaned and maintained.

b) Dust suppression measures shall be implemented in the dressage arena to minimise dust caused by horse usage (ie wetting down of the arena before activities and before harrowing occurs especially in the hotter part of the year).

c) Feed shall be stored in containers with close-fitting, hinged lids to prevent the entry of vermin. Materials used also shall be water-resistant or waterproof to prevent spoiling of feed. Metal shall be the preferred material of choice.

d) A programme of weed suppression must be developed by the Applicant to arrest the spread of weeds carried in horse manure.

29. No Staff/ Visitor Car Parking on Geelans Road

Visitors and staff utilising the facility must not park vehicles, including horse floats, on Geelans Road. All vehicles must use the car park onsite.

30. No Bus Access/ Parking

No patrons to the facility are to arrive by bus via Geelans Road. Any buses delivering patrons to use the facility shall do so via the main entrance to the Vision Valley Conference and Recreation Centre on Vision Valley Road.

31. Landscape Establishment

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

CONDITIONS OF CONCURRENCE - NSW RURAL FIRE SERVICE

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.

32. Asset Protection Zone

At the commencement of works and in perpetuity the landscaped area adjacent to the dwelling on No. 23 Geelans Road shall be managed to an Outer Protection Area (OPA) standard and shall not exceed 9m wide by 66m long.

The area to the north of the landscaped section shall be managed for 50m as an Inner Protection Area (IPA).This is to ensure discontinuity with the unmanaged vegetation is maintained. Requirements for an Inner and Outer Protection Areas are outlined within section 4.1.3 and appendix 5 of ‘Planning for Bush Fire Protection 2006’ (PBP) and the NSW Rural Fire Service's document ‘Standards for asset protection zones’.

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

Note: Further information concerning planning for bush fire protection can be found at: www.rfs.nsw.gov.au.

- END OF CONDITIONS -

ADVISORY NOTES

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

Environmental Planning and Assessment Act, 1979 Requirements

The Environmental Planning and Assessment Act, 1979 requires:

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

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

· Mandatory inspections of nominated stages of the construction inspected.

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

Long Service Levy

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

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

Tree Preservation Order

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

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

Disability Discrimination Act

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

Covenants

The land upon which the subject building is to be constructed may be affected by restrictive covenants. Council issues this approval without enquiry as to whether any restrictive covenant affecting the land would be breached by the construction of the building, the subject of this consent. Applicants must rely on their own enquiries as to whether or not the building breaches any such covenant.

Advertising Signage - Separate DA Required

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

Dial Before You Dig

Telecommunications Act 1997 (Commonwealth)

If you are aware of any works or proposed works which may affect or impact on Telstra’s assets in any way, you are required to contact: Telstra’s Network Integrity Team on Phone Number 1800810443.

Asbestos Warning

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.

Rural Lands Incentive Program

The subject property may be eligible to participate in the Hornsby Shire Council Rural Lands Incentive Program, which provides assistance to landowners in the management conservation and restoration of remnant vegetation communities through the provision of technical advice and incentives. For further information, contact Council’s Bushland and Biodiversity Team on 9847 6832.

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.

Group Manager's Report No. PL26/13

Planning Division

Date of Meeting: 20/03/2013

9 LOCAL NOMINATIONS FOR THE JOINT REGIONAL PLANNING PANEL

EXECUTIVE SUMMARY

· Joint Regional Planning Panels (JRPPs) were established under State Government planning legislation to determine development proposals of regional significance.

· Panels comprise three State members appointed by the Minister for Planning and Infrastructure and two members appointed by Council. At least one Council nominee is required to have expertise in planning, architecture, heritage, the environment, urban design, land economics, traffic and transport, law, engineering and/or tourism.

· On 21 November 2012, Council resolved to undertake an expression of interest process to select suitable local members and alternative members of the Sydney West JRPP.

· In accordance with Council’s resolution, Council has carried out an expression of interest process and this report recommends the appointment of two local members and four alternative members for a period of 3 years.

RECOMMENDATION

THAT:

1. Council advise the Department of Planning and Infrastructure that it nominates local members and alternatives for the Sydney West Joint Regional Planning Panel as follows:

1.1 Mr David White as the local ‘expert’ panel member and Mr Adam Byrnes and Ms Sandra Nichols as the alternative local ‘expert’ panel members.

1.2 (Council to nominate Ms Felicity Findlay, Mr Michael Smart or Ms Wendy McMurdo) as the local ‘non-expert’ panel member and (Council to nominate the other two persons) as alternate local ‘non-expert’ members.

2. Council inform all persons that lodged an expression of interest of Council’s decision and thank them for their interest in the matter.

PURPOSE

The purpose of this report is to seek Council endorsement to appoint two local members and two alternative members of the JRPP as it affects the Hornsby local government area.

BACKGROUND

Joint Regional Planning Panels were introduced in NSW on 1 July 2009 to strengthen decision making on regionally significant development applications (DAs) and certain other planning matters. The objective of the introduction of JRPPs is to create a panel of people with appropriate expertise to determine development proposals of regional significance providing stronger decision-making through greater expertise, independence and regional knowledge.

On 26 June 2012, the Minister for Infrastructure and Planning advised Council that he has re-appointment all State Members and alternates for a period of 12 months up to 2013 as an interim measure, pending the implementation of the NSW Planning review. Accordingly, Mrs Mary-Lynne Taylor, Mr Paul Mitchell OAM and Mr Bruce McDonald have been re-appointed as the State members to the Sydney West Panel. Mrs Taylor has been appointed as the Panel Chair.

The two current Council appointed members of the JRPP (Ms Felicity Findlay and Ms Janelle McIntosh) were nominated by Council on 7 October 2009 for a period of 3 years. However, the process of progressing the appointment of new members was delayed as a consequence of the recent local Government elections. The Panel Secretariat has been advised that Ms Findlay and Ms McIntosh will continue as the Council representatives until such time as Council has resolved to nominate new local members.

On 21 November 2012, Council considered Group Manager’s Report No. 48/12 seeking Council endorsement to advertise for expressions of interest for the local member positions on the JRPP and resolved that:

1. Council undertake an expression of interest process to select suitable local members and alternative members of the Sydney West Joint Regional Planning Panel for a period of 3 years.

2. The outcome of the expression of interest process be reported to Council for its endorsement of new local members and alternative members of the Joint Regional Planning Panel.

3. Any ‘non-expert’ local members be paid a fee of $600 per meeting and any ‘expert’ local members be paid a fee of $1,400.

In accordance with Council’s resolution, expressions of interest were sought over a six week period until 18 January 2013 for the local member positions on the JRPP. During this time, advertisements were placed in the Sydney Morning Herald and local newspapers on two occasions. Sixteen submissions have been received.

DISCUSSION

This report outlines the selection and nomination process for the local member positions on the JRPP and summaries the nominations received for the positions.

Selection and Nomination of Council members to the JRPP

JRPPs consist of five members. Three State members are appointed by the Minister, each having expertise in one or more of the following: planning, architecture, heritage, the environment, urban design, land economics, traffic and transport, law, engineering, tourism or government and public administration. One of the State members will be appointed as the Chairperson of the JRPP. Two members are appointed by each council that is situated in a part of the state for which a JRPP is appointed.

In accordance with the Joint Regional Planning Panels Operational Procedures, councils are required to nominate two persons to become members of the relevant JRPP for the council’s area. Each council should also nominate an alternate member, who could replace a council nominee if unavailable.

It is a matter for each council to identify how the members are selected. In selecting members, however, councils should have regard to the conflict of duties that would be created for a person nominated to the Panel if they were in any way responsible for or involved in the assessment and recommendation of a matter to be determined by the Regional Panel.

When deciding nominees to the Regional Panel, a council is not restricted to people being from the council’s local area. Councils can appoint, terminate, and reappoint, members at anytime, and can determine how long it appoints its members for. Generally councils should consider appointing members for the maximum term of three years provided for under the Environmental Planning and Assessment Act 1979, to ensure the greatest degree of continuity of expertise for Regional Panels. However, councils should also reconsider whether their nominations to Regional Panels are appropriate within 12 months following a council election.

All JRPP members will be bound by a Code of Conduct, based on the local government Model Code of Conduct.

The selection criteria of local members include:

· Senior level experience in dealing with multiple stakeholders;

· high level communication skills;

· capability to drive high profile outcomes in a credible and authoritative manner;

· high level analytical skills; and

· knowledge of the assessment of complex developments and planning matters.

In addition, at least one of the two council nominees must have a high level of expertise in one or more of the following fields:

· Planning

· Architecture

· Heritage

· The environment

· Urban design

· Land economics

· Traffic and transport

· Law

· Engineering

· Tourism

Nominations for the Council member positions on the JRPP

In response to the advertisement of the local member positions on the JRPP, sixteen submissions have been received from the following persons:

· Mr Chris Taylor

· Mr David Robinson

· Mr Roger Hedstrom

· Ms Roza Younis

· Ms Felicity Findlay

· Ms Sandra Nichols

· Mr Bill Royal

· Mr Michael Smart

· Mr Peter Annand

· Mr Robert Ledger

· Mr David White

· Ms Audrey Thomas

· Ms Wendy McMurdo

· Mr Simon Witney

· Ms Natalie Richter

· Mr Adam Byrnes

A copy of the submissions is available to be viewed by Councillors on Council’s file.

Each person that lodged an expression of interest demonstrated that they satisfy the selection criteria and thirteen of the sixteen persons have the necessary qualifications to be an ‘expert’ local member. Accordingly, further consideration was given to those nominations that best demonstrated their knowledge and understanding of Council and the local area. Thirteen of the nominees are residents of Hornsby Shire.

It is considered that Mr David White best demonstrates that he meets the selection criteria for an ‘expert’ local Panel member with a sound understanding of the planning framework within Council and Hornsby Shire. Mr White is a qualified architect, long term resident of Hornsby Shire and has considerable experience in progressing a range of development applications through Council. Mr White has also previously been a community representative on the Hornsby Housing Strategy Review Panel and is currently a member of the Beecroft/Cheltenham Civic Trust.

It is recommended that Mr Adam Byrnes and Ms Sandra Nichols be nominated as alternative ‘expert’ local members. Mr Byrnes is a qualified town planner with additional qualifications in environmental studies who has previously been employed as a town planner by Council between 1991 and 1997. Mr Byrnes is a resident of Hornsby Shire and is currently a director of a town planning consultancy with extensive experience in project managing complex development applications within Hornsby Shire and more broadly across Sydney. These projects have included representing clients before JRPPs.

Ms Nichols has been a resident of Hornsby Shire for 50 years with qualifications in environmental planning. Ms Nichols has previous experience working with the then Department of Urban Affairs and Planning in regards to the assessment of state significant development. Ms Nichols has also previously been a member of the Local Agenda 21 Committee for Council and a member of the Community Sustainability Indicators Project Sub-Committee. Mr Byrnes and Ms Nichols would be appropriate alternatives to sit as a local ‘expert’ member of the JRPP in the event that Mr White is unavailable.

Given the above recommendation for the ‘expert’ position on the Panel, in considering the nomination of the second local member of the Panel, emphasis has been given to those nominees that best demonstrated their contribution to the local community. It is noted that three nominees were former councillors, who each made a considerable public contribution to the Hornsby community through their councillor duties. Having regard to the above circumstances, and based on each nominee meeting the selection criteria, it is recommended that Council nominate either Ms Felicity Findlay, Mr Michael Smart or Ms Wendy McMurdo as the local ‘non-expert’ member of the Panel and the other two persons be nominated as alternate local ‘non-expert’ members.

BUDGET

At its meeting on 21 November 2012, Council resolved that any ‘non-expert’ local members be paid a fee of $600 per meeting and any ‘expert’ local members be paid a fee of $1,400 consistent with the fee that is being paid to State appointed members. These remuneration arrangements are consistent with the payment by Council to the current local members.

The annual estimated cost to Council for local members is approximately $3,000 to $5,000, which is allocated from the Planning Division consultancy budget.

POLICY

There are no policy implications associated with this report.

CONCLUSION

Council has undertaken an expression of interest process to select suitable local members and alternative members of the Sydney West Joint Regional Planning Panel. Sixteen submissions have been received, with each person that lodged an expression of interest demonstrating that they satisfy the selection criteria and thirteen of the sixteen persons have the necessary qualifications to be an ‘expert’ local member. Thirteen of the nominees are residents of Hornsby Shire. It is recommended that Council appoint two local members and four alternative members for a period of 3 years.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Group Manager, Planning Division – James Farrington - who can be contacted on 9847 6750.

James Farrington

Group Manager

Planning Division

Attachments:

There are no attachments for this report.

File Reference: F2009/00493

Document Number: D02133060

Date Lodged	Councillor/Designated Person (Position)	Reason for Lodgement
30 Jan 2013	Health Officer	New designated person
30 Jan 2013	Health Officer	New designated person
1 Feb 2013	Qualified Early Childhood Worker	New designated person
6 Feb 2013	Community Facilities Officer	New designated person
6 Feb 2013	Casual Bookings Officer	New designated person
6 Feb 2013	Engineering Assistant	New designated person
8 Feb 2012	Casual Secretary/Administration Officer	New designated person
18 Feb 2013	Qualified Educator (Certified Supervisor)	New designated person
18 Feb 2013	Qualified Educator (Certified Supervisor)	New designated person

1.View	HSC Investment Portfolio as at 31 January 2013
2.View	HSC Borrowings Schedule as at 31 January 2013

1.View	Research notes into Community Engagement Practices
2.View	Meeting notes - consultation with former Sustainable Action Committee members

1.View	Attachment 1 - Tree and Vegetation Protection Brochure
2.View	Attachment 2 - Consultant Hornsby Tree Monitoring Report