Agenda of General Meeting

Hornsby Shire Council Agenda and Summary of Recommendations

Page 1

AGENDA AND SUMMARY OF RECOMMENDATIONS

PRESENT

NATIONAL ANTHEM

OPENING PRAYER/S

Acknowledgement of RELIGIOUS DIVERSITY

Statement by the Chairperson:

"We recognise our Shire's rich cultural and religious diversity and we acknowledge and pay respect to the beliefs of all members of our community, regardless of creed or faith."

ABORIGINAL RECOGNITION

Statement by the Chairperson:

"We acknowledge we are on the traditional lands of the Darug and Guringai Peoples. We pay our respects to elders past and present."

AUDIO RECORDING OF COUNCIL MEETING

Statement by the Chairperson:

"I advise all present that tonight's meeting is being audio recorded for the purposes of providing a record of public comment at the meeting, supporting the democratic process, broadening knowledge and participation in community affairs, and demonstrating Council’s commitment to openness and accountability. The recordings will be made available on Council’s website once the Minutes have been finalised. All speakers are requested to ensure their comments are relevant to the issue at hand and to refrain from making personal comments or criticisms."

APOLOGIES / LEAVE OF ABSENCE

political donations disclosure

Statement by the Chairperson:

“In accordance with Section 147 of the Environmental Planning and Assessment Act 1979, any person or organisation who has made a relevant planning application or a submission in respect of a relevant planning application which is on tonight’s agenda, and who has made a reportable political donation or gift to a Councillor or employee of the Council, must make a Political Donations Disclosure Statement.

If a Councillor or employee has received a reportable political donation or gift from a person or organisation who has made a relevant planning application or a submission in respect of a relevant planning application which is on tonight’s agenda, they must declare a non-pecuniary conflict of interests to the meeting, disclose the nature of the interest and manage the conflict of interests in accordance with Council’s Code of Conduct.”

presentations

declarations of interest

Clause 52 of Council’s Code of Meeting Practice (Section 451 of the Local Government Act, 1993) requires that a councillor or a member of a Council committee who has a pecuniary interest in a matter which is before the Council or committee and who is present at a meeting of the Council or committee at which the matter is being considered must disclose the nature of the interest to the meeting as soon as practicable. The disclosure is also to be submitted in writing (on the form titled “Declaration of Interest”).

The Councillor or member of a Council committee must not be present at, or in sight of, the meeting of the Council or committee:

(a) at any time during which the matter is being considered or discussed by the Council or committee.

(b) at any time during which the Council or committee is voting on any question in relation to the matter.

Clause 51A of Council’s Code of Meeting Practice provides that a Councillor, Council officer, or a member of a Council committee who has a non pecuniary interest in any matter with which the Council is concerned and who is present at a meeting of the Council or committee at which the matter is being considered must disclose the nature of the interest to the meeting as soon as practicable. The disclosure is also to be submitted in writing (on the form titled “Declaration of Interest”).

If the non-pecuniary interest is significant, the Councillor must:

a) remove the source of conflict, by relinquishing or divesting the interest that creates the conflict, or reallocating the conflicting duties to another Council official.

b) have no involvement in the matter by absenting themself from and not taking part in any debate or voting on the issue as if the provisions of Section 451(2) of the Act apply.

If the non-pecuniary interest is less than significant, the Councillor must provide an explanation of why they consider that the interest does not require further action in the circumstances.

confirmation of minutes

THAT the Minutes of the General Meeting held on 20 March, 2013 be confirmed; a copy having been distributed to all Councillors.

Petitions

Rescission Motions

ITEMS PASSED BY EXCEPTION / CALL FOR SPEAKERS ON AGENDA ITEMS

Note:

Persons wishing to address Council on matters which are on the Agenda are permitted to speak, prior to the item being discussed, and their names will be recorded in the Minutes in respect of that particular item.

Persons wishing to address Council on non agenda matters, are permitted to speak after all items on the agenda in respect of which there is a speaker from the public have been finalised by Council. Their names will be recorded in the Minutes under the heading "Public Forum for Non Agenda Items".

GENERAL BUSINESS

· Items for which there is a Public Forum Speaker

· Public Forum for non agenda items

· Balance of General Business items

General Manager's Division

Nil

Corporate Support Division

Page Number 1

Item 1 GM2/13 Review of Policies and Codes - General Manager's and Corporate Support Divisions

RECOMMENDATION

THAT Council adopt the recommendations contained in the table in Deputy General Manager’s Report No. GM2/13 in respect of each of the current policies and codes under the jurisdiction of the General Manager’s and Corporate Support Divisions.

Page Number 13

Item 2 CS7/13 Hills Hawkesbury and Riverlands Tourism Partnership Review

RECOMMENDATION

THAT Council discontinue its membership of the Hills Hawkesbury and Riverlands Tourism (HHART) organisation and investigate ways to market Brooklyn and Berowra Waters as tourist destinations.

Page Number 18

Item 3 CS10/13 Investments and Borrowings for 2012/13 - Status for period ending 28 February 2013

RECOMMENDATION

THAT the contents of Deputy General Manager’s Report No. CS10/13 be received and noted.

Page Number 21

Item 4 CS12/13 Draft Community Strategic Plan, Delivery Program, Operational Plan including Budget 2013-14 and Fees and Charges - Adoption of Documents for Public Exhibition

RECOMMENDATION

THAT:

1. Council adopt for public exhibition and make available for public comment from 18 April to 17 May 2013, the draft Community Strategic Plan 2013-2023, the draft Delivery Program 2013-17 and the draft Operational Plan 2013/14 which includes the draft Budget, Fees and Charges and Rating Structure.

2. Council note that the rating information contained in the draft Operational Plan 2013/14 is in line with the Independent Pricing and Regulatory Tribunal’s approval for Council (i.e. a 3.9% increase for 2013/14).

3. Following the public exhibition period, and before 30 June 2013, a further report be prepared which provides details of any submissions received and recommends the adoption of a final Operational Plan 2013/14 which includes the Budget, Fees and Charges and Rating Structure for that year.

Page Number 28

Item 5 CS13/13 Pecuniary Interest and Other Matters Returns - Disclosures by Councillors and Designated Persons

RECOMMENDATION

THAT Council note the Disclosure of Pecuniary Interests and Other Matters Returns recently lodged with the General Manager have been tabled as required by the Local Government Act.

Environment and Human Services Division

Page Number 31

Item 6 EH1/13 Donations Program Review

RECOMMENDATION

THAT Council adopt the proposed changes to the Donations and Grants – Council Cash and Non-Cash Policy (POL00209) as outlined in Option 1 and included as Attachment 1 to Group Manager’s Report No. EH1/13.

Page Number 38

Item 7 EH3/13 Community Fire Education Strategy

RECOMMENDATION

THAT:-

1. Council endorse the Hornsby Ku-ring-gai Bush Fire Community Education Strategy prepared by the Hornsby Ku-ring-gai Bush Fire Risk Management Committee.

2. A copy of the Community Education Strategy and 2013/14 Community Fire Education Works plan is placed on Council’s website.

Planning Division

Page Number 42

Item 8 PL24/13 Development Application - Alterations and Additions to Heritage Building, Change of Use for Restaurant and Signage - 185 Pacific Highway, Hornsby

RECOMMENDATION

THAT Development Application No. 836/2012 for alterations and additions to an existing heritage building and change of use for restaurant and signage at Lot 1 Section 2 DP 1880, No 185 Pacific Highway, Hornsby be approved subject to the conditions of consent detailed in Schedule 1 of Group Manager’s Report No. PL24/13.

Page Number 62

Item 9 PL25/13 Development Application - Subdivision of One Lot into Two Lots - 16 Nalaura Close, Beecroft

RECOMMENDATION

THAT Development Application No. DA/1341/2012 for subdivision of one allotment into two lots at Lot 4 DP 12095, No. 16 Nalaura Close, Beecroft be refused for the reasons detailed in Schedule 1 of Group Manager’s Report No. PL25/13.

Page Number 76

Item 10 PL27/13 Development Application - Dwelling House - 69 Wyanna Street, Berowra Heights

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/59/2013 for the demolition of an existing dwelling-house and the erection of a dwelling-house and swimming pool at Lot 7, DP 244647, No. 69 Wyanna Street, Berowra Heights subject to the conditions of consent detailed in Schedule 1 of Group Manager’s Report PL27/13.

Page Number 96

Item 11 PL29/13 Development Application - Subdivision of One Allotment into Two Lots - 18 Merriwa Place, Cherrybrook

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/28/2013 for Torrens title subdivision of one allotment into two lots at Lot 36 DP 802262, 18 Merriwa Place, Cherrybrook subject to the conditions of consent detailed in Schedule 1 of Group Manager’s Report No. PL29/13.

Page Number 110

Item 12 PL30/13 Development Application - Secondary Dwelling - 10 St Helens Avenue, Mount Kuring- Gai

RECOMMENDATION

THAT Development Application No. DA/1384/2012 for the erection of a secondary dwelling at Lot 69 DP 6586, No. 10 St Helens Avenue, Mount Kuring-gai be refused for the reasons detailed in Schedule 1 of Group Manager’s Report No. PL30/13.

Page Number 120

Item 13 PL20/13 North West Rail Link Corridor Strategy

RECOMMENDATION

THAT: Council forward the submission attached to Group Manager’s Report No. PL20/13 to the Department of Planning and Infrastructure generally supporting the State Government’s draft North West Rail Link Corridor Strategy subject to concerns being addressed regarding funding and delivery of infrastructure necessary to support the proposed level of development.

Page Number 133

Item 14 PL21/13 Epping Urban Activation Precinct

RECOMMENDATION

THAT: Council forward the submission attached to Group Manager’s Report No. PL21/13 to the Department of Planning and Infrastructure generally supporting the State Government’s proposed State Environmental Planning Policy (Epping Town Centre Precinct) subject to addressing concerns regarding consistency with Council’s draft Hornsby LEP, timing of design details for recommended intersection upgrades and inclusion of a delayed commencement provision prior to finalising the SEPP.

Page Number 149

Item 15 PL28/13 Planning Proposal - Reclassification of property No. 18X Water Street, Hornsby

RECOMMENDATION

THAT:

1. Council endorse progression of the Planning Proposal attached to Group Manager’s Report No. PL28/13 to reclassify property No. 18X Water Street, Hornsby from Community to Operational Land and revoke its public reserve status.

2. Pursuant to Section 56(1) of the Environmental Planning and Assessment Act 1979, Council forward the Planning Proposal to the Minister for Planning and Infrastructure seeking a Gateway Determination to progress the Planning Proposal.

3. Should the Minister determine under Section 56(2) of the Environmental Planning and Assessment Act 1979 that the matter may proceed without significant amendment to the Proposal, Council publicly exhibit the Planning Proposal in accordance with the Gateway Determination.

4. A public hearing pursuant to Section 57(6) of the Environmental Planning and Assessment Act be held following the exhibition of the Planning Proposal.

5. An independent facilitator be retained to conduct the public hearing for the reclassification of the land.

6. Following the exhibition, a report on submissions received in response to the public exhibition and public hearing be presented to Council.

Page Number 154

Item 16 PL31/13 Review of Section 94 Development Contributions Plan

RECOMMENDATION

THAT:

1. Council exhibit the attached draft Section 94 Contributions Plan and draft Section 94A Contributions Plan for a period of 28 days.

2. Following the exhibition, a report on submissions be presented to Council.

Page Number 162

Item 17 PL32/13 Strategic Planning Program for 2013/14

RECOMMENDATION

THAT the 2013/2014 Strategic Planning Program attached to Group Manager’s Report No.PL32/13 be adopted.

Infrastructure and Recreation Division

Page Number 168

Item 18 IR5/13 Request to Remove Tree - 31 Boyd Avenue Pennant Hills

RECOMMENDATION

THAT Council refuse application TA/389/2012 to remove one Eucalyptus saligna (Sydney Blue Gum) from the property at 31 Boyd Ave West Pennant Hills.

Page Number 172

Item 19 IR9/13 Tender RFT4/2013 - Hire of Plant and Trucks

RECOMMENDATION

THAT Council accept the tenders from the following suppliers for Tender RFT4/2013 - Hire of Plant and Trucks:

AB11 Group Pty Ltd Acclaimed Excavations Pty Ltd

Allard's Plant Hire Pty Ltd AMS Excavations Pty Ltd

Coates Hire Operations Pty Ltd Conamara Excavations Pty Ltd

Country Improvements Pty Ltd DSA Contracting Pty Ltd

Dustmite Excavations Pty Ltd E + B Tipper Hire Pty Ltd

Earthcorp Pty Ltd GPP Excavation

Geoff Smith Bobcat Pty Ltd HA + WI Black Pty Ltd

Jason Tripousis Ken Coles Excavations Pty Ltd

Kenna Earthmoving Machinery Kennards Hire Pty Ltd

KG + PK Daly Excavations M Keel Earthmoving Pty Ltd

Mactipping Pty Ltd Mark Woodbury Contracting

MSW Plant Hire Pty Ltd Matthews Contracting Pty Ltd

Raygal Pty Ltd Sardino Pty Ltd

Sharpe Bros (Aust) Pty Ltd Sydney Mini Excavations Pty Ltd

Toronto Excavations Pty Ltd Viper Civil Pty Ltd

PUBLIC FORUM – NON AGENDA ITEMS

Questions of Which Notice Has Been Given

Mayor's Notes

Mayoral Minutes

Notices of Motion

SUPPLEMENTARY AGENDA

MATTERS OF URGENCY

QUESTIONS WITHOUT NOTICE

Deputy General Manager's Report No. GM2/13

Corporate Support Division

Date of Meeting: 17/04/2013

1 REVIEW OF POLICIES AND CODES - GENERAL MANAGER'S AND CORPORATE SUPPORT DIVISIONS

EXECUTIVE SUMMARY

· Council’s Policy – “Adoption, Alteration and Review of Policies and Codes” – states that each Division of Council has a two month period in the first and third year of each term of Council to review all policies and codes under their control and recommend any changes to Council.

· As this is the first review of policies and codes in this term of Council, it has also been opportune to review the definitions of policies, codes, determinations and procedures. The main aim was to ensure that policies, which are documents requiring the approval of Council, were deleted if they were simply restatements of legislation, standards, etc that Council is required to follow as a matter of course.

· The current policies and codes pertaining to the General Manager’s and the Corporate Support Divisions have now been reviewed and recommendations have been made for each policy/code based on current service needs and legislative changes.

RECOMMENDATION

PURPOSE

The purpose of this Report is to present to Council the outcomes of the review of policies and codes under the jurisdiction of the General Manager’s and Corporate Support Divisions, and to seek Council’s endorsement of the recommended actions in response to the review of those policies and codes.

BACKGROUND

Council’s Policy – “Adoption, Alteration and Review of Policies and Codes” – states that each Division of Council has a two month period in the first and third year of each term of Council to review all policies and codes under their control and recommend any changes to Council.

The policies and codes under the jurisdiction of the General Manager’s Division were last reviewed at the Ordinary Meeting of Council on 15 June 2011 via General Manager’s Report No. GM15/11; and the policies and codes under the jurisdiction of the Corporate Support Division were last reviewed by Council at the Ordinary Meeting on 20 April 2011, via Executive Manager’s Report No. CC10/11.

In preparation for this review, ExCo decided that current policies and codes should be combined into one category called policies, and that the following definitions should apply in respect of the terms Policy, Determination, Guideline and Procedure.

A “Policy” is a document which is:

1. required or allowed by legislation to be determined by resolution of Council;

2. a broad statement of objectives, protocols or principles in relation to specific activities/issues of Council, the merits of which require it to be determined by resolution of Council;

3. a collection of rules, regulations, codes and standards relating to a particular subject and designed to provide guidance to Council staff and external parties about how business is done with Council, the merits of which require it to be determined by resolution of Council.

A “Determination” is a document which has the same characteristics as a Policy but the merits of which do not require it to be determined by formal resolution of Council. A Determination is made effective by decision of the General Manager and/or ExCo.

A “Guideline” or “Procedure” is a document which provides more specific direction on how a Policy or Determination is to be implemented or applied, or which outlines specific work tasks within the organisation. A Guideline or Procedure can be made effective by decision of a Branch Manager, Divisional Manager, General Manager or ExCo.

DISCUSSION

General Manager’s Division Policies and Codes

A review of the current policies and codes under the jurisdiction of the General Manager’s Division has been undertaken and a listing, together with a summary of proposed amendments, is contained below. The policies and codes, incorporating amendments where they are proposed, are attached. Deletions are shown in the attachments by ~~strikethrough~~ and additions by underlining or italics.

Current Policy or Code Title

Comment and Recommendation

Code of Conduct

POL00272

This is a Policy required under s440 of the Local Government Act defining the standard of conduct expected of Councillors, administrators, members of staff of council, independent conduct reviewers, members of council committees including the conduct review committee and delegates of the council in carrying out their functions as council officials. Following the recent introduction of the new Model Code and Procedures by the Division of Local Government, a new Hornsby Shire Council Code of Conduct was adopted by Council on 20 February 2013. However, in reviewing other policies of the Corporate Support Division it is considered appropriate to include an additional paragraph in Part 7 of the Code – Access to Information and Council Resources. The additional paragraph simply clarifies Hornsby Council specific processes for accessing Council information. No other amendments are proposed. As this is a lengthy policy document and it was recently reviewed by Council, only the Part containing the newly proposed amendments has been attached to this Report.

Recommendation – That this Policy be amended as outlined above and as shown in the copy attached to this Report.

Policy - Councillors and Staff – Legal Assistance

POL00200

It is proposed to merge this Policy with the “Policy – Insurance Protection for Councillor, Staff and Volunteers”. Both policies are closely related in that they detail the financial protections which are in place for councillors, staff and volunteers. This Policy previously only extended to councillors and staff but it is now recommended to include volunteers. It is also recommended to increase the limit of Council’s financial obligation from $250,000 to $400,000. This limit has not been amended since 2006. There have been no requests for assistance under this Policy since its inception because Council’s insurance polices usually activate to extend protection to councillors, staff and volunteers. This Policy is designed to only activate where existing insurance policies may not provide indemnity.

Recommendation – That this Policy be deleted and incorporated in a new Policy titled Councillors, Employees and Volunteers – Legal Assistance and Insurance Protection as outlined above and as shown in the copy attached to this Report.

Policy - Insurance Protection for Councillors, Staff and Volunteers

POL00220

As outlined above, this Policy is recommended to be merged with the “Policy - Councillors and Staff – Legal Assistance”. Some minor wording changes from the previous Policy have been made to provide a clearer definition of the insurance policy coverage.

Policy - Councillors’ Questions and Requests

POL00203

It is proposed that this Policy be deleted. The process by which Councillors can ask questions of staff and make requests is already managed effectively through internal work practices and procedures. The Code of Conduct and Code of Meeting Practice also operate to regulate this area.

Recommendation – That this Policy be deleted.

Policy - Elections – Caretaker Period

POL00286

It is proposed that this Policy be retained at present, noting that it will be reviewed in the lead up to the next local government election in 2016. At that time, all requirements from the Division of Local Government will be known and will be able to be incorporated in the Policy.

Recommendation – That this Policy be retained as is.

Policy - Mayoral Interviews

POL00230

It is proposed that this Policy be deleted. The process by which the Mayor conducts interviews is already managed effectively through internal work practices and procedures. The Code of Conduct also operates to regulate this area.

Recommendation – That this Policy be deleted.

Policy - Organisational Performance Review

POL00232

It is proposed that this Policy be deleted. Section 333 of the Local Government Act 1993 already stipulates that a Council must review its Organisation Structure within 12 months of each term of office. The Council is also continually reviewing the efficiency and effectiveness of its operations through the development of the Operational and Delivery Plan on an annual basis.

Recommendation – That this Policy be deleted.

Policy - Policies and Codes – Review, Adoption, Alteration

POL00234

The Policy requires minor amendment to update the Divisional names to reflect the new Organisation Structure. It is also recommended that the term “Code” be deleted and all documents now be referred to as a “Policy”. New definitions have also been provided for the terms “Determinations” and “Guidelines and Procedures”. The other significant change to this Policy is the removal of the option for a Policy to be adopted by way of a Memo from the General Manager to Councillors. It is now recommended that all Policies be adopted by way of Council resolution.

Recommendation – That this Policy be amended as outlined above and as shown in the copy attached to this Report.

Policy - Reporting of Corruption, Maladministration and Substantial Waste

POL00245

The statement on Organisational Commitment in the Policy requires minor updating to reflect the election of the new Mayor. A significant number of additional clauses have also been added to ensure that the Policy aligns with model documents distributed by the NSW Ombudsman.

Recommendation – That this Policy be amended as outlined above and as shown in the copy attached to this Report.

Policy – Complaints Handling

POL00097

Amendments are proposed to update current Council definitions and practices and to include an additional paragraph referring to responsibilities of Council’s Public Officer.

Recommendation – That this Policy be amended as outlined above and as shown in the copy attached to this report.

Corporate Support Division’s Policies and Codes

A review of the current policies and codes under the jurisdiction of the Corporate Support Division has been undertaken and a listing, together with a summary of proposed amendments, is contained below. The policies and codes, incorporating amendments where they are proposed, are attached. Deletions are shown in the attachments by ~~strikethrough~~ and additions by italics.

Policy or Code

Comment and Recommendation

Financial Services Branch

Policy - Tenders

POL00065

Tendering requirements for local government are covered by legislation and are supplemented by guidelines issued by the Division of Local Government. As such, it is proposed that the Policy be deleted and, if necessary, be rewritten as a Determination.

Recommendation – That this Policy be deleted and, if necessary, be rewritten as a Determination.

Policy – Restricted Asset Accounts – Internal

POL00062

Minor amendments only are proposed to reflect changes in position titles following last year’s organisation restructure.

Recommendation – That this Policy be amended as outlined above and as shown in the copy attached to this Report.

Policy – Restricted Asset Account – Parks Development

POL00061

This Policy is proposed to be reviewed as part of Council’s consideration of a review of operational and open space land planned for later this year.

Recommendation – That this Policy be retained at present, noting that it will be subject to review later this year.

Policy – Restricted Asset Account - Land Acquisition

POL00060

This Policy is proposed to be reviewed as part of Council’s consideration of a review of operational and open space land planned for later this year.

Recommendation – That this Policy be retained at present, noting that it will be subject to review later this year.

Policy – Restricted Asset Account – Capital Projects – Debt Retirement

POL00059

This Policy is proposed to be reviewed as part of Council’s consideration of a review of operational and open space land planned for later this year.

Recommendation – That this Policy be retained at present, noting that it will be subject to review later this year.

Policy – Rates Relief – Hardship

POL00058

Minor amendments only are proposed to reflect changed practices in the Financial Services Branch.

Recommendation - That this Policy be amended as outlined above and as shown in the copy attached to this Report.

Policy – Sustainable Procurement

POL00057

As the issues dealt with in this Policy are operational, it is proposed that the Policy be deleted and, if necessary, be rewritten as a Determination.

Recommendation – That this Policy be deleted and, if necessary, be rewritten as a Determination.

Policy – Loan Borrowings

POL00054

Minor amendments are proposed to reflect changes in legislation and guidelines distributed by the Division of Local Government.

Recommendation - That this Policy be amended as outlined above and as shown in the copy attached to this Report.

Policy – Lease Financing

POL00052

Recommendation - That this Policy be retained as is.

Policy – Land Property Sales – Use of Funds

POL00051

This Policy is proposed to be reviewed as part of Council’s consideration of a review of operational and open space land planned for later this year.

Recommendation – That this Policy be retained at present, noting that it will be subject to review later this year.

Policy – Investment of Surplus Funds

POL00049

Recommendation - That this Policy be retained as is.

Governance and Customer Service Branch

Policy – Access to Information held by Council – Hornsby Shire Council

POL00296

Amendments are proposed to clarify processing guidelines for informal GIPA applications and to update terminology to reflect current advice from the Information and Privacy Commission. Council is bound by the GIPA legislation and this Policy simply reiterates those requirements in a manner designed to be more easily understood by customers, and provides extra detail about Council specific procedures.

Recommendation – That this Policy be amended as outlined above and as shown in the copy attached to this Report.

Statutory – Policy – Councillors – Expenses and Facilities

POL00135

In accordance with s252 of the Local Government Act, an annual review of this Policy is to be completed by November each year. As such, it is proposed to submit a report to Council about this Policy in September 2013. This will be followed by a public exhibition of the Policy prior to formal adoption at the November 2013 General Meeting.

Recommendation – That this Policy be retained at present, noting that it will be subject to review later this year.

Statutory – Code – Privacy Management Plan

POL00134

As the Division of Local Government has recently released a Model Privacy Management Plan, Council’s current Plan will be reviewed to take into account the requirements of the Model. This review will be the subject of a separate report to Council.

Recommendation – That this Policy be retained at present, noting that it will be subject to review later this year.

Statutory – Code – Code of Meeting Practice

POL00133

In addition to some minor grammatical and administrative amendments, it is proposed that this Policy incorporate the contents of two other policies – Council Resolutions (POL00038) and Audio Recording of Council Meetings (POL00033). The content and intent of these Policies remain relevant and should be retained, however in order to streamline administrative functions and reduce the number of individual policies held by Council, it is proposed that their content be incorporated into Council’s Code of Meeting Practice. The content of the Council Resolutions Policy is now included as Clause 32A, and the Audio Recording of Council Meetings Policy has been incorporated in Clause 66.

Recommendation - That this Policy be amended as outlined above and as shown in the copy attached to this Report.

Policy – Customer Service

POL00100

It is proposed that several paragraphs be deleted to avoid repeats of information already contained in Council’s Complaints Handling Policy. Additional minor amendments are proposed to provide clarification for staff.

Recommendation - That this Policy be amended as outlined above and as shown in the copy attached to this Report.

Policy – Council Resolutions

POL00038

The content and intent of this Policy remains relevant and should be retained, however in order to streamline administrative functions and reduce the number of individual policies held by Council, it is proposed that its content be incorporated into Council’s Code of Meeting Practice, and the stand-alone policy be deleted. The content of this Policy has been included as Clause 32A of Council’s Code of Meeting Practice.

Recommendation - That this Policy be deleted, noting its incorporation into Council’s Code of Meeting Practice.

Policy – Audio Recording of Council Meetings

POL00033

The content and intent of this Policy remains relevant and should be retained. However, in order to streamline administrative functions and reduce the number of individual policies held by Council, it is proposed that its content be incorporated into Council’s Code of Meeting Practice, and the stand-alone policy be deleted. The content of this Policy has been incorporated in Clause 66 of Council’s Code of Meeting Practice.

Recommendation - That this Policy be deleted, noting its incorporation into Council’s Code of Meeting Practice.

Human Resources Branch

Policy – Leave – Concessional

POL00104

As the issues dealt with in this Policy are operational, it is proposed that the Policy be deleted and, if necessary, be rewritten as a Determination.

Recommendation – That this Policy be deleted and, if necessary, be rewritten as a Determination.

Policy – Industrial Agreement Severance Payments

POL00103

As the issues dealt with in this Policy are operational, it is proposed that the Policy be deleted and, if necessary, be rewritten as a Determination.

Recommendation – That this Policy be deleted and, if necessary, be rewritten as a Determination.

Policy – Equal Employment Opportunity

POL00102

As the issues dealt with in this Policy are operational, it is proposed that the Policy be deleted and, if necessary, be rewritten as a Determination.

Recommendation – That this Policy be deleted and, if necessary, be rewritten as a Determination.

Policy – Travel – Interstate and Overseas

POL00066

As the issues dealt with in this Policy are operational, it is proposed that the Policy be deleted and, if necessary, be rewritten as a Determination.

Recommendation – That this Policy be deleted and, if necessary, be rewritten as a Determination.

Information Communications and Technology Branch

Policy – Information Systems Technology

POL00047

Minor amendments only are proposed to reflect changes in the name of the Branch following last year’s organisation restructure.

Recommendation – That this Policy be amended as outlined above and as shown in the copy attached to this Report.

Land and Property Services Branch

Policy – Disposal of Land

POL00128

This Policy is proposed to be reviewed as part of Council’s consideration of a review of operational and open space land planned for later this year.

Recommendation – That this Policy be retained at present, noting that it will be subject to review later this year.

Policy – Land – Lease/Licence by Council

POL00050

Recommendation - That this Policy be retained as is.

Strategy and Communication Branch

Policy – Grants

POL00087

As the requirements of this Policy have now been incorporated in staff position descriptions, the Policy is no longer required.

Recommendation – That this Policy be deleted.

Policy – Community Representation

POL00081

A minor amendment only is proposed to replace the wording local press with media. In this regard, the Policy was written before the popularity of social media as a valid source of information.

Recommendation – That this Policy be amended as outlined above and as shown in the copy attached to this Report.

Policy – Website and Social Media

POL00358

The requirements of this Policy have been incorporated into an Electronic Security Determination approved by ExCo. As such, the Policy is no longer required.

Recommendation – That this Policy be deleted.

Policy – Sponsorship and In-Kind Support – Council’s Involvement

POL00107

It is proposed that this Policy be retained at this stage on the basis that it will be the subject of a report to Council later this year.

Recommendation – That this Policy be retained at present, noting that it will be subject to review later this year.

Policy – Publications by Council – Visual Presentation

POL00093

As this is essentially an operational matter, it is proposed to convert it into a Determination to ensure consistency and effectiveness in Council’s visual presentation and communication consistent with the Hornsby Shire Council Brand Manual.

Recommendation – That this Policy be deleted and rewritten as a Determination.

Policy – Public and Community Input

POL00091

Amendments are proposed to replace the wording “advertisement shall be published in the local press” with “appropriate methods of publicity must be used”. The Policy was written in 1998 before the popularity of social media as a valid source of information. The issue of advertising development applications is included in the draft Hornsby Development Control Plan.

Recommendation – That this Policy be amended as outlined above and as shown in the copy attached to this Report.

Policy – Council Logo and Corporate Colours

POL00082

It is proposed that this Policy be deleted as it has been superseded by the Hornsby Shire Council Brand Manual.

Recommendation – That this Policy be deleted.

BUDGET

There are no budgetary implications associated with this Report.

POLICY

Details of the review that has been undertaken of each current Policy and Code within the two Divisions is summarised within this Report.

CONCLUSION

The review of policies and codes by the General Manager’s and Corporate Support Divisions is the first of a series of reports that Council will be asked to consider this year. Each of the other Divisions will submit their reports in the coming months. The major aims of the reviews have been to only retain documents as policies if they add value to Council’s operations and to ensure that policies are not simply a restatement of legislation, standards, etc that Council is otherwise expected to follow.

RESPONSIBLE OFFICER

The officers responsible for the preparation of this Report are the Risk & Audit Manager – Scott Allen - who can be contacted on 9847-6609; and the Branch Managers and Deputy General Manager of the Corporate Support Division – who can be contacted through Gary Bensley on 9847–6605.

Gary Bensley

Deputy General Manager

Corporate Support Division

Scott Phillips

General Manager

General Manager's Division

Attachments:

1.View	General Manager's Division Policies
2.View	Corporate Support Division Policies

File Reference: F2013/00006

Document Number: D02098080

Deputy General Manager's Report No. CS7/13

Corporate Support Division

Date of Meeting: 17/04/2013

2 HILLS HAWKESBURY AND RIVERLANDS TOURISM PARTNERSHIP REVIEW

EXECUTIVE SUMMARY

· At its 16 November 2011 Ordinary Meeting, Council decided to become a strategic partner member of Hills Hawkesbury and Riverlands Tourism (HHART) at a cost of $5,000 per annum, subject to an annual review of the partnership arrangement.

· HHART’s intent is to gain wider promotion of the Hawkesbury River and its surrounding areas, with an aim of increasing tourism and economic activity in the region. Membership of HHART enables businesses in the area to participate in business education and business development opportunities.

· Hornsby Council does not receive any direct benefit from its membership of HHART and businesses in Brooklyn appear to be reticent to join. Some businesses in Berowra Waters have paid for membership and in return enjoy considerable exposure on the HHART website and in hard copy brochures.

· This Report provides Council with the following three options regarding continuing membership of HHART for 2013/14: remain a member of HHART as per the current membership arrangement; assist small start-up businesses to join the HHART organisation; or discontinue membership of HHART and investigate ways to market Brooklyn and Berowra Waters as tourist destinations (the preferred option).

RECOMMENDATION

THAT Council discontinue its membership of the Hills Hawkesbury and Riverlands Tourism (HHART) organisation and investigate ways to market Brooklyn and Berowra Waters as tourist destinations.

PURPOSE

The purpose of this Report is to provide options for Council’s consideration following a review of the benefits to Council of membership of the HHART alliance.

BACKGROUND

HHART was established in 2008 as an industry driven and industry led tourism promotion organisation. It is a joint initiative of local businesses, The Hills Shire Council and Destination NSW. The area represented by HHART ranges from Brooklyn in the east to Mt Tomah in the west and includes a portion of A Ward in the Hornsby local government area.

At its 16 November 2011 Ordinary Meeting, Council considered General Manager’s Report No. GM23/11 and resolved that:

1. Council become a strategic partner member of the Hills Hawkesbury and Riverlands Tourism (HHART) organisation, with an annual contribution of $5,000.

2. The partnership arrangement to be reviewed annually.

The strategic partner membership offered by HHART included the following:

· An opportunity to participate in co-operative marketing activities

· Access to www.hhart.com.au as a Platinum Member

· A link on all Consumer/Media Newsletters to nominated website as a “Strategic Partner”

· Three nominated people to receive the HHART E-Newsletter and HHART HOT NEWS items

· Access to all research / statistics that HHART have on the tourism industry

HHART’s primary marketing and promotion activity occurs via:

· A Destination Guide (A4 size brochure) distributed in Sydney City and regional NSW

· A web site with functionality to book accommodation and provide information about possible visitor experiences

· An iphone app that has approximately 10 downloads per week

DISCUSSION

Council’s intent in becoming a member of HHART was twofold: firstly to gain wider promotion of the Hawkesbury River and its surrounding areas; and secondly to increase economic activity in the region.

Promotion of the Hawkesbury River and Surrounds

The Destination Guide is a professionally presented guide that describes various visitor experiences available in the Hills Hawkesbury area in an engaging and interesting manner. 100,000 copies were produced in October 2010 and have been distributed via accredited Visitor Information Centres in NSW, QLD, Victoria and ACT.

HHART also produces a seasonal Experience Magazine which is primarily a “while you are here” publication. The target market for this magazine is visitors already in the region, and the aim is to extend their experiences and expenditure while visiting.

In 2011/12, the HHART website received 18,500 visitors, and of that, 355 visitors searched for information about Brooklyn. Berowra Waters traditionally gets more web traffic due to its links with the State Tourism Database Warehouse, however web visitation numbers are not available.

Economic Contribution

The HHART organisation is an influencer and activity coordinator and its marketing relies on the involvement of local businesses. It is difficult to draw a direct correlation between HHART marketing and its impact on the local economy. Local businesses must also join the organisation via a membership fee ranging from $250 to $1,800 per annum in order to participate in any marketing activity. In return, business members receive:

· Access to and inclusion on www.hhart.com.au, including website address and company details for other industry users

· Offer of inclusion in ad-hoc promotional opportunities

· Offer of inclusion in co-operative marketing activities

· One nominated contact to receive the HHART E-Newsletter

· One nominated contact to receive HHART HOT NEWS items

· Member prices for tickets to any HHART industry event

· Public Relations assistance for any in-house events that the member has for the public

· Assistance with updating STDW/ATDW entry for exposure on www.australia.com, www.visitnsw.com.au, www.sydneyaustralia.com

· Access to all research/statistics that HHART have on the tourism industry

· Proof reading assistance of award submissions

· Access to HHART owned images for promotional use

As there has been very little interest or involvement with the businesses in Brooklyn, HHART has had minimal impact on the visitor economy of that area. HHART has a higher number of members in the Berowra Waters area and some of those members participate in HHART’s promotional and educative initiatives. Consequently, Berowra Waters has had higher activity (hits) on the HHART website than the Brooklyn area, however it is difficult to draw a direct correlation between website activity and economic impacts.

Return on Investment

The fee for Council’s strategic membership of HHART was $5,000 and was funded by the Economic Development budget. It is difficult to determine a direct return on investment because Council does not receive any direct benefits from membership. HHART covers a large geographic area stretching from to Mt Tomah to Brooklyn, the majority of which is in The Hills local government area. Whilst The Hills Shire Council is a major supporter of the HHART organisation, the Hornsby Shire local government area is a small part of HHART’s territory.

The Brooklyn business community does not appear to have embraced the HHART model. Brooklyn is under-represented and its local businesses seem to not have benefitted economically from Hornsby Council’s investment in HHART. Businesses in Berowra Waters appear to be more engaged with HHART and benefit from membership of the organisation, but this is unlikely to be as a result of Hornsby Council’s membership.

Options for 2013/14

Option 1

Council continue as a strategic partner member of HHART, recognising that it is unlikely to receive any direct benefit and that the businesses in Brooklyn may remain disengaged with the HHART organisation.

Option 2

If Council is of a mind to continue its association with HHART, it may be more appropriate to subsidise membership to that organisation for small start-up businesses in the Brooklyn and Berowra Waters areas to a total maximum value of $5,000 rather than be a strategic partner itself. Once those small start-up businesses become members of HHART, they could choose to participate in workshops and education activities if they wish. Administration of this option could be quite resource intensive for Council and there is no guarantee that local businesses will take up opportunities offered by HHART.

Option 3

Council could consider a more direct manner of promoting the businesses in Brooklyn and Berowra Waters, for example through a social media campaign. The major advantage of this approach would be that the majority of the campaign could be funded from within existing resources. This option would see Council discontinue its membership of HHART.

CONSULTATION

In the preparation of this Report, there was consultation with the Manager, Strategic Town Planning. HHART also provided information to Council regarding website visits and business engagement in Brooklyn and Berowra Waters.

BUDGET

The membership fee of HHART for 2011/12 was funded from the Strategic Town Planning budget. If Council decides to continue its membership, funding will need to be determined in a quarterly budget review.

POLICY

There are no policy implications associated with this Report.

CONCLUSION

HHART, as an influencer and activity coordinator for tourism and local economic development, relies on local businesses joining as members and then participating in education and other activities. Member businesses are required to pay an additional fee to attend some HHART seminars and business development workshops, however, membership is a prerequisite to accessing any business opportunities.

Hornsby Shire Council does not receive any direct benefit from its membership with HHART and businesses in Brooklyn appear to be reticent to join. Some businesses in Berowra Waters are members and enjoy considerable exposure on the HHART web site and hard copy brochures.

It is proposed, therefore, that Council cease its membership of HHART and instead investigate ways of undertaking a promotional campaign of the Brooklyn and Berowra Waters areas.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Manager, Strategy and Communications – Julie Williams - who can be contacted on 9847 6790.

Julie Williams

Manager - Strategy and Communications

Corporate Support Division

Gary Bensley

Deputy General Manager

Corporate Support Division

Attachments:

There are no attachments for this report.

File Reference: F2004/06532

Document Number: D02119919

Deputy General Manager's Report No. CS12/13

Corporate Support Division

Date of Meeting: 17/04/2013

4 DRAFT COMMUNITY STRATEGIC PLAN, DELIVERY PROGRAM, OPERATIONAL PLAN INCLUDING BUDGET 2013-14 AND FEES AND CHARGES - ADOPTION OF DOCUMENTS FOR PUBLIC EXHIBITION

EXECUTIVE SUMMARY

· All councils are required to develop a 10 year community strategic plan, a four year delivery program and a one year operational plan. The purpose is to identify the main priorities and aspirations for the future of the area and the resources required to move to the preferred future.

· Hornsby Shire residents value the characteristics of the area and their positive quality of life and want to retain and enhance the positive aspects of living in Hornsby Shire. Council services directly contribute to these positive aspects and the community wants the services provided by Council to continue at the levels provided in the past.

· The attached documents are predicated on maintaining the current levels of service as well as capital expenditure of over $23 million in 2013/14, part of which is expenditure on the new Hornsby Aquatic Centre. The ten priorities identified by Councillors during a strategic planning process in March 2013 have also been included in the draft Delivery Program 2013-17.

· The rates payable by ratepayers and the fees for the domestic waste service in 2013/14 have been included in the draft Operational Plan 2013-14.

RECOMMENDATION

THAT:

PURPOSE

The purpose of this Report is to present to Council for adoption, for the purpose of public exhibition from Thursday 18 April to Friday 17 May, the draft Community Strategic Plan 2013-2023, the draft Delivery Program 2013-17, and the draft Operational Plan 2013/14 incorporating the Budget and Fees and Charges for 2013/14.

BACKGROUND

By 30 June in the year following local government elections, all councils are required to develop a 10 year community strategic plan, a four year delivery program and a one year operational plan as well as a resourcing strategy aligned to an integrated planning framework. The purpose is to identify the main priorities and aspirations for the future of the area and the resources required to move to the preferred future.

The Division of Local Government has mandated an integrated planning framework which approaches business planning based on community aspirations and preferences. It requires that the community be presented with the key issues and challenges facing the Shire in order that the community can have deliberative input into how Council, other government agencies and the community will respond to those issues and challenges.

DISCUSSION

Following extensive engagement and consultation, the aspirations of the various communities that make up the Shire are contained in the 10 year Community Strategic Plan, which is known as the Your Community Plan 2013-2023. Council’s response is documented in the four year Delivery Program 2013-17 and the annual Operational Plan for 2013/14 which contains the Budget and financial detail.

Council’s Resourcing Strategy documents the approach Council will take to augment and maximise the use of resources available to the organisation. More detail on each of these documents is provided below.

The Draft Community Strategic Plan 2013-2023

The Your Community Plan 2013–2023 outlines the aspirations for the future and represents a strategy to achieve those aspirations. It is a community driven plan that becomes the highest level Councillor plan on behalf of the community when endorsed. It sets the direction for where the people of the Shire want to be in the coming decade.

Essentially, the people of Hornsby value the characteristics of the area and are keen to retain those characteristics in the longer term; namely the bushland, sense of space and sense of community. People describe their quality of life as very positive. Issues of importance to the community and where they want Council to focus effort are:

· Retaining the general feeling of bushland

· Preserving and improving the amenity of outdoor and indoor spaces

· Providing good local infrastructure such as footpaths

· Managing development and ensuring appropriate services are provided for additional population

Your Community Plan 2013–2023 also includes performance measures, many of which were determined by the community in 2009 and 2010, and which, over the longer term, should show progress towards achieving the community’s preferred future.

Draft Delivery Program 2013-17, including the Draft Operational Plan 2013-14

The draft Delivery Program 2013-17 is Council’s response to the aspirations in the Your Community Plan. The four-year Delivery Program describes Council’s commitment to the community during this term of office and outlines what Council intends to do towards achieving the community’s priorities. It contains the capital works program for the coming four years, the principal activities to be undertaken, the funding required, and the performance indicators to measure the success of those activities.

The Operational Plan for 2013/14 is a subset of the Delivery Program. It spells out the individual actions that will be undertaken in the year and includes Council’s detailed annual budget and the Statement of Council’s Revenue Policy which includes the proposed rates, fees and charges.

Research undertaken in the development of Your Community Plan 2013–2023 demonstrated a strong recognition of good quality of life which residents want to retain and enhance. In essence, Hornsby Shire is a community that has high expectations for the quality of life and services enjoyed by residents, businesses and visitors. These expectations can best be met by Council if it continues to provide services at the levels provided in the past, hence much of Your Community Plan 2013–2023 is focused on maintaining current services at current levels. This includes a strong focus on capital works.

Capital works items which are detailed in the Operational Plan 2013/14 total over $23 million and include:

· Major and minor drainage projects of $2.4 million

· Over $1.1 million allocated to catchments remediation rate capital projects

· $1.68 million to improve open space assets

· $2.7 million worth of improvements to local roads

· $8.65 million towards the Hornsby Aquatic Centre

The significant actions identified by Councillors at a weekend planning workshop in March 2013 are included in the draft Delivery Program 2013-17 and the Operational Plan for 2013/14 as detailed below:

· 4A.2 Progress the NSROC Waste Management Contract

· 9A.3 Progress concept designs of the Hornsby pedestrian bridge

· 9A.7 Prepare a recreation strategy

· 9A.7 Review operational lands and open space

· 10A.1 Conduct research into future recreation and leisure needs

· 10A.2 Develop a proposal for Hornsby Quarry landfill

· 11B.1 Progress planning for Hornsby West side

· 12A.3 Six monthly updates on the reform of local government

· 12B.1 Work towards financial sustainability

· 13A.2 Councillors to conduct ‘listening posts’

The Budget 2013/14

Council staff commenced preparation of the 2013/14 Budget in December 2012. To minimise some of the financial constraints and considerations impacting local government, and to avoid excessive demands which could not be met, the 2013/14 Budget parameters included:

· A nil increase to Divisional expenditure (net of direct labour) for material and contract expenditure. This was despite substantial price increases, particularly for construction materials. Any increase has been required to be offset by productivity improvements, service reductions or increased fees.

· The use of Council staff where possible to undertake Special Rate Variation, Section 94 Development Contributions projects and other funded projects.

· Any new projects to be subject to an appropriate merit evaluation.

· Direct salaries and wages to include the Local Government (State) Award increase of 3.25% for 2013/14, and be calculated on 50 pay weeks. The two week reduction represents organisational savings which occur as a result of the average delay in replacing staff members who retire/resign/etc and/or productivity improvements that are required.

· A rate increase of 3.9% for 2013/14 which is in line with the approval by the Independent Pricing and Regulatory Tribunal on 24 June 2011.

· Minimisation of the reliance on external loan borrowing and continuation of prudent financial management.

The draft Budget for 2013/14, within the applied parameters, initially achieved a cash-funding surplus of $3.355 million. This result was achieved by further productivity measures implemented throughout the organisation. It should be noted that this result was predicated on the need to borrow $6 million during the 2013/14 financial year to fund the Hornsby Aquatic Centre.

Consistent with Council’s goal to maintain prudent financial management of Council’s finances, Councillors have directed the $3 million cash-funding surplus towards reducing borrowing. This action will result in approximately $281K of reduced debt servicing on a 20 year loan in future year budgets. The forecast budget surplus for the 2013/14 financial year is now $355K.

The level of capital expenditure for the financial year 2013/14 totals $23.315 million. Details on capital projects are contained within the draft Delivery Program and draft Operational Plan documents.

Fees and Charges

Fees have been reviewed and increased by the CPI or by an amount which has regard to market conditions and the appropriate cost recovery level. Opportunities to recover administrative and overhead costs in respect of business activities have also been investigated and implemented where appropriate. Where applicable, the final price includes GST which does not contribute revenue to Council but is forwarded to the Federal Government.

Loans

Over the last several years the Budget included loan proceeds of $1 million. For each $1 million borrowed, Council is required to apply approximately $140,000 from future years’ budgets towards debt servicing. The estimated debt servicing requirement is based on Council taking out a loan for a 10 year period and making equal annual principal and interest repayments over the term of the loan.

A review of external services in 2011/12 has resulted in financial savings that have been applied to eliminating the level of external loan borrowing towards ‘recurrent’ capital works. The need to borrow for large one-off capital projects however still remains, with the Hornsby Aquatic Centre listed in Council report CC23/12 as a project that required significant external loan borrowing. The amount to be borrowed for the Hornsby Aquatic Centre during 2013/14 will be $3 million.

Phase Up Request

The budget has been based on the continuance of the current level of services. There has been no phase up requests and no increase to existing service provision.

Rating Structure

Council reviewed its rating structure at the April 2006 Ordinary Meeting when it considered Executive Manager’s Report No. CC20/06. That structure has applied in respect to the calculation of the rates since that time. It is recommended that the same rating structure continue in 2013/14.

Details of the rates types and yields, rating categories, base amounts, minimum rates for business properties, ad valorem amounts and other statutory rating information are set out in the draft Operational Plan document. The rating information is in line with the increase approved by the Independent Pricing and Regulatory Tribunal on 10 June 2011 (i.e. a 3.9% increase for 2013/14).

The base amount for ordinary, residential and farmland rates will increase from $463 in 2012/13 to $484 in 2013/14. The Valuer General supplied Council with new land values for properties across the Shire as at 1 July 2011. These values are being used for the three financial years 2012/13, 2013/14 and 2014/15.

The Resourcing Strategy

Council’s Resourcing Strategy addresses long term financial planning, workforce management and asset management, and must be reviewed each four years. It is one of the more challenging documents to prepare because the three components cannot be completed in isolation and must be developed after the Delivery Program and Operational Plan have been developed. Work is underway on reviewing and updating each of the three components that make up Council’s Resourcing Strategy. The Resourcing Strategy will be completed by the end of May 2013.

CONSULTATION

The page titled ‘Your Involvement’ outlines the lengthy consultations undertaken in the preparation of Your Community Plan 2013–2023.

The formal exhibition period is scheduled from Thursday 18 April to Friday 17 May 2013. Comments received during the formal exhibition period will be considered and reported to Council prior to adoption of the final documents.

A copy of the draft documents will be forwarded to various individuals, community groups, progress associations and Chambers of Commerce together with a letter inviting comment.

Council's Strategy and Communications Branch is available to make presentations about the documents to interested community groups.

BUDGET

The budget implications are discussed in the Discussion section of this Report under “Budget 2013/14”.

POLICY

Hornsby Shire’s Community Strategic Plan 2013–2023 describes community aspirations. The Delivery Program 2013-17 is Council’s principal instruction to the organisation.

CONCLUSION

The ten-year Community Strategic Plan, the four-year Delivery Program and the associated Operational Plan 2013/14 including Budget and Fees and Charges encompass the priorities and expected levels of service voiced by the community. Council will respond by providing services in a prudent and financially viable manner. Highlights include the completion of the Hornsby Aquatic Centre, the revitalisation of the west side of Hornsby CBD and maintaining and improving the many parks, recreational and community facilities throughout the Shire.

Public exhibition of these documents provides opportunity for the community to give feedback on any proposed action or activity for 2013/14. That feedback will be considered by Council prior to final adoption of the suite of documents in June 2013.

RESPONSIBLE OFFICER

The officers responsible for the preparation of this Report are the Chief Financial Officer – Glen Magus and the Manager Strategy - Julie Williams - who can be contacted on 9847 6635 and 9847 6790 respectively.

Gary Bensley

Deputy General Manager

Corporate Support Division

Scott Phillips

General Manager

General Manager's Division

Attachments:

1.View	Draft Community Strategic Plan 2013-2023
2.View	Draft Delivery Program 2013-17
3.View	Draft Operational Plan 2013-14
4.View	Draft Fees and Charges 2013-14

File Reference: F2012/00885

Document Number: D02139683

Group Manager's Report No. EH1/13

Environment and Human Services Division

Date of Meeting: 17/04/2013

6 DONATIONS PROGRAM REVIEW

EXECUTIVE SUMMARY

· At its meeting of 21 November 2012, Council requested that the Donations and Grants – Council Cash and Non-Cash Policy (POL00209) be reviewed

· Recommended changes to the focus of the community donations program include:

o A preference for funded projects to be inclusive of the whole community

o A preference to support projects and activities that take place within one of Council’s major festival periods eg the Healthy Living Festival or Festival of the Arts

o A preference to fund non-capital items

o The establishment of a $5,000 fund within the Community Donations Program to respond to fee waiver requests

· Recommended changes to address practical and administrative issues associated with the operation of the community donations program include:

o Extending the period of time during which a grant may be expended from 12 months to 18 months

o Formal capping of contributions to $3,000 per application

o The introduction of formal policy frameworks governing the operation of the Mayors Youth Trust and Emergency Relief Fund

· Two options have been considered in the way that Council may call for submissions to its community donations program as follows:

o Option 1: Maintain the current approach of formally advertising and calling for submissions to the Community Donations Program within a prescribed window

o Option 2: Not to advertise and call for submissions to the Community Donations Program, rather respond to funding requests as they are received

· This Report recommends that Council endorse Option 1 and maintain its existing practice of formally advertising and calling for submissions to the Community Donations Program as it would provide the greatest opportunity for community participation and engagement

RECOMMENDATION

PURPOSE

The purpose of this Report is to present Council with the results of a review of conducted of the Donations and Grants - Cash and Non-Cash Policy.

BACKGROUND

At its November 2012 General Meeting, Council considered Group Manager’s Report No. EH9/12 and resolved ‘THAT:

1. Council provide financial assistance to community organisations in accordance with the recommended amounts shown in Attachment 1 to Group Manager’s Report No. EH9/12.

2. Council allocate $3,000 to the Mayor’s Youth Trust Fund.

3. Council allocate $5,000 to the Emergency Relief Fund.

4. Council Policy POL00209 – Cash and Non Cash Donations and Grants be reviewed with a report detailing the results presented to Council prior to the 2013/14 Donations Program opening. Amongst other things, the review should consider non-Council sources whereby community groups may seek funding.

5. Until such time as the review has been completed, no further requests for financial assistance are to be accepted, except under exceptional situations such as disasters and the like.’

DISCUSSION

Council’s Donations and Grants – Council Cash and Non-Cash Policy (POL00209) is designed to encourage creative and relevant community driven initiatives within the Shire and guides the operation of Council’s Community Donations Program.

Grant funds are also distributed through the Mayor’s Youth Trust Fund and the Emergency Relief Fund. The Mayor’s Youth Trust Fund and the Emergency Relief Fund have had limited formal policy framework supporting their operation and have tended to operate based on historical precedent and “in principle” notions respectively.

Out of a total budget of $65,000, $57,000 is currently allocated to the Community Donations Program, $3,000 to the Mayor’s Youth Trust Fund and $5,000 to an Emergency Relief Fund.

Council also provides subsidies to the community across a range of areas including:

· Foregone rental at community centres and halls (i.e. fee waivers)

· Subsidised rental of Council owned facilities used by community preschool and kindergarten operators

· Subsidised rental of Council owned facilities used by non-profit societies

· Subsidised rental used by various clubs

· Sporting ground subsidies

During the 2011/12 financial year, it is estimated that overall Council subsidies to the community exceeded $2,700,000.

Current Approach to Donations

The Donations Program is currently aligned with the goals outlined in Council’s Community Strategic Plan, in particular the Society and Culture Section. These goals are to:

· Support healthy, active communities

· Create a sense of belonging

· Meet our diverse community needs

Groups seeking funding for programs that align with these goals are encouraged to apply for funds from Council’s Donations Program between 1 July and 30 August each year. A report to Council in October/November recommends funding allocations. Once Council has resolved to allocate funds, successful applicants are allocated funding that must be spent before 30 June the same year, resulting in groups effectively having 6 months to undertake their event/activity.

Non-Council Sources of Funding for Community Groups

In addition to Council’s community donations program, community groups have access to a range of other grant opportunities. Examples of such opportunities include:

Grant Name	Granting Body	Grant Purpose
ClubGRANTS	Registered Clubs	Specific local community priorities such as community welfare and social services, community development, community health services and employment assistance activities.
Community Building Partnership	NSW Government	Funds for Council’s and community groups to invest in community infrastructure

In addition to the above grants, the NSW Government hosts a website www.communitybuilders.nsw.gov.au that provides a searchable database of grants available to community groups for a variety of social, economic and environmental issues. The www.ourcommunity.com.au/community website also provides tools and advice to community groups on ways to become financially sustainable, including grants, donations, memberships, events, sales and sponsorship.

Options for Policy Changes

In line with Council’s resolution, Council officers have reviewed the community donations program and identified two options for Council to consider should it wish to make changes to the program. These options are described in further detail below.

Option 1

Option 1 would maintain the key elements of the current donations program whilst addressing a number of practical items that have been identified with the program, establishment of a $5,000 fund within the community donations program to respond to fee waiver requests and a focussing of funding towards projects that are inclusive of the whole community and take place within one of Council’s major festival periods.

Proposed changes under option 1 are outlined below:

Changes to the focus of the program

· A preference for funded projects to be inclusive of the whole community rather than just supporting the functioning of a particular group. This change would support connections between community groups and ensure that the broader community becomes aware of all of the community groups that exist in the Shire.

· A preference to fund non-capital items. There are alternative funding sources available to community groups that are focussed on improving community infrastructure.

· A preference to support projects and activities that take place within one of Council’s major festival periods eg the Healthy Living Festival or Festival of the Arts. This change would support Council’s existing and future festival activity and also to gain best value for money from the grants as promotional costs for activities delivered within the context of a Council Festival are already funded by Council through a separate budget.

· The establishment of a $5,000 fund within the Community Donations Program to respond to fee waiver requests and introduction of a policy framework outlining the conditions under which a fee waiver request would be supported and the process used to determine that fee waiver. This would process augment Council’s Pricing Policy which is currently advertised in the Operational Plan.

Administrative and practical changes to the program

· Extending the period of time in which a grant may be expended to 18 months. This change would address an issue that had arisen where, due to the timeframes associated with administering the donations program, successful applicants had a period of approximately six months to undertake their event or activity. The change would allow projects that occur during all months of the year to be considered for funding.

· A formal capping of contributions to $3,000 per application. The previous policy made no such stipulations and often resulted in overly ambitious applications from the community which could not be funded.

· A restriction on the use of funds to new project based activities that lead to sustainable outcomes rather than for core/ongoing group operational costs.

· A shift in the timing of the Community Donations Program. The current program timing significantly overlaps with other local grant opportunities including ClubGRANTS and the NSW Government’s Community Builders and Community Partnership Grants. The reviewed time frames associated with the policy would allow groups to apply for alternate funding sources prior to applying for Council’s Donations Program.

· The introduction of an integrated policy framework to govern the operation of the Mayor’s Youth Trust Fund ($3,000). Historically, this fund has operated on the basis of an implied policy contained in the application form.

· The introduction of a policy framework for the administration of Council’s Emergency Relief Fund ($5,000). Whilst Council initially resolved to allocate a budget to the Emergency Relief Fund in 2005, no formal policy statement was developed to guide the funding allocation.

A draft policy document supportive of the changes outlined in Option 1 is contained in Attachment 1 to this report. Deletions are shown by ~~strikethrough~~ and additions shown by underlining.

Option 2

In common with Option 1, Option 2 would adopt the changes recommended to address the practical items identified with the program, establishment of a $5,000 fund within the community donations program to respond to fee waiver requests and a focussing of funding towards projects that are inclusive of the whole community and take place within one of Council's major festival periods.

The key difference between the two approaches would be that under Option 2, whilst maintaining the budget associated with the Community Donations Program, Council would not formally call for funding applications, rather respond to requests on an as-needs basis.

This would align the Community Donations Program with the operation of the Emergency Relief Fund, Mayors Youth Trust Fund and the proposed Fee Waiver Fund, whereby community groups would have the capacity to approach Council with funding requests throughout the year.

Funding requests would need to demonstrate that there is a genuine need for the project, that alternative sources of funding are not available, and that the proposed project or activity clearly meets the objectives and conditions of funding outlined in Council's Donations and Grants - Council Cash and Non-Cash Policy.

Each application would be assessed on its merits and a recommendation prepared for Council's consideration.

It should be noted that as applications may be received at any time throughout the year, there is the potential for this option to impose an increased administrative burden on Council. Whilst not entirely removing this risk, a way of limiting the potential would be for funding recommendations to be made to Council on a quarterly basis.

A draft policy document supportive of the changes outlined in Option 2 is contained in Attachment 2 to this report. Deletions are shown by ~~strikethrough~~ and additions shown by underlining.

CONSULTATION

In the preparation of this Report, an informal briefing session was held with Councillors.

BUDGET

This report proposes that a budget of $65,000 per annum continues to be allocated to the Community Donations Program.

Recommendations in the policy would allocate:-

· $3,000 to the Mayors Youth Trust Fund

· $5,000 to the Emergency Relief Fund

· $5,000 to fee waivers associated with Council owned community facilities

· $52,000 to project based activities/events in Council’s Community Donations Program

There are no net budgetary impacts associated with this policy review.

POLICY

The Donations and Grants - Council Cash and Non-Cash Policy (POL 00209) would be updated as a result of the recommendations associated with this Report.

CONCLUSION

In response to Council’s resolution, Council officers have reviewed the community donations program and suggested a number of changes to the Donations and Grants – Council Cash and Non-Cash Policy that are designed to:

· Prioritise projects that are inclusive of the whole community

· Prioritise projects and events that take place within one of Council’s major festival periods

· Provide greater flexibility for community groups in the delivery of funded activities through extended delivery timeframes

· Establish a fund and policy framework within the community donations program to respond to fee waiver requests.

In addition to the suggested changes above, two options have been identified in the way that Council may wish to call for submission to or advertise its community donations program. Option 1 would maintain the current approach whereby community groups are formally invited to submit funding applications to Council’s donations program within a prescribed window, whilst Option 2 would result in a change to the process such that community groups would approach Council on an as needs basis at any time throughout the year.

Historically, the community donations program has received applications from between 60 and 80 community organisations on an annual basis. It is considered that Option 1, whereby Council would continue to formally invite applications from community groups, would provide the greatest opportunity for community participation and engagement and is therefore recommended to Council as the preferred option.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Manager Community Services Branch – David Johnston - who can be contacted on 9847 6800

David Johnston

Manager - Community Services

Environment and Human Services Division

Stephen Fedorow

Group Manager

Environment and Human Services Division

Attachments:

1.View	Option 1 - Policy - Donations and Grants - Council Cash and Non-Cash
2.View	Option 2 - Policy - Donations and Grants - Council Cash and Non-Cash

File Reference: F2012/00684

Document Number: D02108026

Group Manager’s Report No. PL24/13

Planning Division

Date of Meeting: 17/04/2013

8 DEVELOPMENT APPLICATION - ALTERATIONS AND ADDITIONS TO HERITAGE BUILDING, CHANGE OF USE FOR RESTAURANT AND SIGNAGE - 185 PACIFIC HIGHWAY, HORNSBY

EXECUTIVE SUMMARY

DA No:	DA/836/2012 (Lodged 14 August 2012)
Description:	Alterations and additions to an existing heritage building and change of use for a restaurant and signage.
Property:	Lot 1 Section 2 DP 1880, No 185 Pacific Highway, Hornsby
Applicant:	JNH Group Pty Ltd
Owner:	JNH Group
Estimated Value:	$45,000
Ward:	B

· The application proposes alterations and additions to an existing heritage building and change of use for restaurant and signage.

· The proposal does not comply with onsite carparking requirements in accordance with the Hornsby Town Centre Development Control Plan. The proposal would not detract from the heritage significance of the building or the Hornsby West Side Heritage Conservation Area.

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

· It is recommended that the application be approved.

RECOMMENDATION

BACKGROUND

The existing building on the site was previously used for a bank C.1918. A second storey was added to the building in 1924. The use of the building as a bank continued until Westpac vacated the building in 1999. On 22 March 2005, Council approved DA/2199/2004 for alterations and additions to the building for 3 – 4 storey mixed residential and commercial use.

On 29 March 2012, Council approved DA/126/2012 for change of use of level 1 commercial premises to a 24 hour gymnasium and erection of two signs. The current use of level 1 of the building is in accordance with this consent.

SITE

The site has an area of 480.6m² and is located on the corner of the Pacific Highway and Dural Street. The site has a frontage of 14.6m to the Pacific Highway and 35.4m to Dural Street. The site includes a three/four storey mixed use commercial and residential building. The existing building fronts directly onto the street and has zero setbacks from the side and rear boundaries. The commercial entry to the building is at the Pacific Highway frontage. The residential entry and vehicle entry is from Dural Street.

The building includes commercial space on the ground floor, first floor, second floor and residential use comprising two units on the third floor and a home office on the fourth floor. The fourth floor also includes a roof top private open space area. The ground floor includes a car park with four car parking spaces with access off Dural Street. A turntable and ramp provide vehicle access to the basement with five car parking spaces. A lift provides access to all floors of the building. The building includes 1,053m² of commercial floor area and 408m² of residential floor area.

The site is identified as a heritage item (bank) and is in the vicinity of a number of buildings also identified as heritage items (shops). The site is within the Peats Ferry Road Precinct Hornsby West Side Heritage Conservation Area.

The site is located within the West Precinct of Hornsby Town Centre which is characterized by a strip shopping centre with traditional shop fronts and includes a range of shops, commercial and administrative uses. A public car park (Dural Street Car Park) is located at the rear of the site.

PROPOSAL

The proposal is for alterations and additions and change of use for a restaurant over two levels of the building with kitchen facilities on each level. The proposed alterations and additions would reduce the Level 3 area of the Unit 1 dwelling to 119.78m² and retain the caretakers dwelling Unit 2 (33.28m²).

The proposed alterations and additions and change of use for a restaurant include:

· Ground floor garbage bins storage areas for restaurant use.

· Conversion of part of the existing residential Unit 1 on Level 3 for an 80 seat restaurant use including a commercial bar and kitchen for formal dining having a net lettable area of 137m².

· Installation of new entry door and a new galley style kitchen to the residential Unit 1 reduced in area to 119.78m² (not including Level 4 roof top home office of 51.13m²).

· Conversion of the Level 4 rooftop terrace area to an 80 seat restaurant for alfresco dining having a net lettable area of 136m².

· Replacing the circular vent at northern elevation lift tower with infill panel and capping to match existing parapet.

· Raising the parapet height at the northern elevation with decorative moulding.

· Installation of exhaust ventilation cowls at the rooftop western elevation.

· Installing a downpipe with traditional astragals at northern elevation.

· Replacing the existing ground floor doorway, decorative architrave and motif at the northern elevation with a larger opening.

· Installing louvre doors to the opening for access to the proposed fire hydrant pump.

· Installing a new entry door to the opening for access to the lift and the proposed restaurant.

· Alteration to the existing toilets on the first floor commercial level for restaurant patrons.

The restaurant would employ a total of six staff. The proposed operating hours are as follows:

· 7.30am to 9.30am Weekdays (Breakfast)

· 7.30am to 10.30am Weekends (Breakfast)

· 12.00noon to 3.00pm Weekends (Lunch)

· 6.00pm to 12.00am 7 Days (Dinner)

The proposed signage includes the following:

· Awning sign - 0.9m x 6.8m

· Blade sign – 0.6m x 2.0m

· Menu Display Panel – 1.03m x 2.45m

The proposal also includes the installation of 6 café umbrellas for the alfresco rooftop section of the restaurant on Level 4.

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 draft Strategy by providing additional employment opportunities in the locality.

2. STATUTORY CONTROLS

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

2.1 Hornsby Shire Local Environmental Plan 1994

The subject land is zoned Business F (Town Centre) under the Hornsby Local Environmental Plan 1994 (HSLEP). The objectives of the zone are:

(a) to encourage economic growth and employment opportunities.

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

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

The proposed development is defined as a ‘restaurant’ and ‘advertisement’ 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 Business F zone is 2:1 subject to variation in Schedule B. The proposed development does not result in an increase in the existing gross floor area.

Clause 18 of the HSLEP sets out heritage conservation provisions within the Hornsby Shire area. The subject building is identified as a heritage item of local significance. The proposed alterations and additions would not detract from the heritage significance of the building. Refer to comments in Section 2.5 of this report.

2.2 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 Councils 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:

2.2.1 Zoning

The site would be zoned B4 Mixed Use pursuant to the Land Use Table of the Draft HLEP. The proposed development would be permissible in the zone with development consent.

2.2.2 Height of Building

Clause 4.3 of the draft HLEP provides that the height of a building on any land is not to exceed the maximum height shown for the land on the Height of Buildings Map. The maximum permissible height for the subject site is 16 metres. The proposed development does not alter the existing building height of 16 metres.

2.2.3 Floor Space Ratio

Clause 4.4 of the draft HELP provides that the maximum floor space ratio for a building on any land is not to exceed the floor space ratio on the Floor Space ratio Map. The maximum permissible floor space ratio for the subject site is 3:1. The existing floor space ratio is 3:1. The proposed development does not increase the existing floor area.

2.3 State Environmental Planning Policy No. 64 – Advertising and Signage

The application has been assessed against the requirements of SEPP 64. This Policy provides State-wide planning controls for advertising signs and prevails over other environmental planning instruments including the HSLEP and Council’s Outdoor Advertising Development Control Plan.

The proposed signs include:

· Awning sign - 0.9m x 6.8m (6.12m²)

· Blade sign – 0.6m x 2.0m (1.2m²)

· Menu Display Panel – 1.03m x 2.45m (2.5m²)

Under the Policy the proposed signs are ‘business identification signs’. In accordance with the assessment criteria under Schedule 1 of the Policy the proposed signage is considered acceptable as follows:

2.3.1 Character of the Area

The proposed signage complements the existing building and would not detract from the character of Hornsby Town Centre West Precinct.

2.3.2 Special Areas

The site is within the Peats Ferry Road Precinct Hornsby West Side Heritage Conservation Area. The proposed signage is of acceptable design in respect to the heritage conservation area and is consistent with existing signage on buildings within the conservation area.

2.3.3 Views and Vistas

The proposed signage is located at street level and would not obscure views or vistas.

2.3.4 Streetscape, Setting or Landscape

The proposed signage is of appropriate design, size and presentation with regard to the streetscape. The number and placement of the proposed signage is consistent with existing signage within the business precinct.

2.3.5 Site and Building

The placement and configuration of the proposed signage is appropriate in identifying the location and entry of the proposed restaurant and would complement the use of the building.

2.3.6 Associated Devices and Logos

The proposed signage does not include devices or logos.

2.3.7 Illumination

The illumination of the proposed 1.2m² lightbox sign would not result in unacceptable amenity or visual impacts.

2.3.8 Safety

The proposed signage would not impede on pedestrian or vehicular travel paths. Accordingly, the signage would not reduce safety of the public road or pedestrian footpath.

2.4 Hornsby Town Centre Development Control Plan

The proposed development has been assessed having regard to the relevant performance and prescriptive design requirements within Council’s Hornsby Town Centre Development Control Plan (Hornsby Town Centre DCP) and the Specific Controls – West Precinct.

The proposed alterations and additions are largely internal. The proposed alterations to the external façade of the heritage building are addressed in Sections 2.4.1 and 2.5 of this report.

The provisions of the Hornsby Town Centre DCP relevant to the proposal are discussed as follows:

2.4.1 Building Design

The proposed alterations and additions maintain the heritage appearance of the existing building in the streetscape. The proposed alterations and the change of use for restaurant use would meet the building design element objectives to enhance the character of the Old Town Centre and contribute to the establishment of an entertainment and restaurant district.

2.4.2 Parking And Access

The existing building has approximately 990m² of gross lettable commercial floor area (GLFA), requiring an equivalent of 25 car parking spaces, in accordance with Council’s Car Parking Development Control Plan. The two existing dwellings would require three car parking spaces. A total of 28 car parking spaces is the requirement for the existing floor space. Nine car parking spaces are provided within the existing building resulting in a shortfall of 19 car parking spaces. The building has remained largely unoccupied since completion of the alterations and additions approved in 2005, other than the residential component and recent gymnasium approved on Level 1.

The approved change of use for a 24 hour gym on Level 1 required a car parking requirement of 19 car parking spaces of which 3 spaces are provided on site and 16 spaces are available off-site within Council’s Dural Street car park. Parking is available within the public car park after business hours for the gymnasium which has a peak use time after 6pm.

A total of 4 car parking spaces are available for the building’s remaining vacant commercial space and 2 spaces for the residential units. There are no on-site carparking spaces available for the proposed restaurant use.

The Hornsby Town Centre DCP includes provision to encourage restaurant use whereby additional car parking is not required for change of use from a commercial or retail use to a restaurant. The proposed change of use however, is from a residential use and the existing building has a shortfall in required car parking provision.

The proposed restaurant component on Level 3 has a GLFA of 140m² and the restaurant component on Level 4 a GLFA of 120m². The restaurant has a total seating capacity for 160 people and would employ a total of 6 staff.

The proposed restaurant use would require 37 car parking spaces @ 1 space per 7m² GLFA in accordance with the Car Parking Development Control Plan. The Draft Hornsby Development Control Plan (Draft DCP) would require 1 car parking space per 29m² GLFA which equates to a requirement for 9 spaces.

The proposed hours of operation are as follows:

· 7.30am to 9.30am Weekdays (Breakfast)

· 7.30am to 10.30am Weekends (Breakfast)

· 12.00noon to 3.00pm Weekends (Lunch)

· 6.00pm to 12.00am 7 Days (Dinner)

The applicant has submitted a parking study based on a survey of 171 on-street and public car parking spaces in the vicinity of the site and the available parking for the proposed restaurant hours. The results of the study are noted as follows:

· 7.30am to 9.30am Weekdays - the number of vacant spaces reduced from 150 to 77 spaces.

· 7.30am to 10.30am Saturdays - the number of vacant spaces reduced from 150 to 53 spaces.

· 6.00pm to 10.00pm Thursday - the number of vacant spaces increased from 70 to 149 spaces.

· 6.00pm to 10.00pm Saturdays - the number of vacant spaces increased from 70 to 112 spaces.

The parking study is consistent with Council’s Town Centre Parking Survey undertaken on 6 September 2012 of the Dural Street and William Street car parks (refer attached).

The submitted parking study demonstrates that adequate parking is available for the operating hours of the proposed restaurants. It is considered the proposed restaurants would not diminish the capacity of Hornsby West Side parking areas to cater for the parking needs of the Hornsby Town Centre.

Subject to a condition of consent for the restaurant to operate in accordance with the proposed hours of use, the proposal is considered satisfactory in respect to the parking and access element objectives of the Hornsby Town Centre DCP.

2.4.3 Acoustics

The proposed roof top alfresco restaurant is located within 45m of residential units fronting Dural Street.

The applicant has submitted an acoustic report which determines background noise levels at the nearest residential receiver of 41dB(A) from 6.00pm to 10.00pm. The acoustic report included the following statement:

The long term average speech noise levels from a speaker with normal and raised vocal efforts are 58dB(A) and 65dBA(A) at 1m respectively.

The noise predication assumes:

· A maximum number of 80 patrons present in the proposed alfresco restaurant with one in two patrons conversing at once (ie up to 40 patrons speaking at any time);

· 50% of the patrons conversing at normal vocal effort (ie up to 20 patrons speaking a normal vocal effort) at any time; and

· 50% of the patrons conversing at raised vocal effort (ie up to 20 patrons speaking at raised vocal effort) at any time.

The predictions took account of noise attenuation due to distance separation and shielding from the proposed 1m high parapet wall along the frontage of the alfresco restaurant. The prediction shows a noise level of 40dBA(A) at the nearest residential units to the west (Dural Street) and complies with the recommended noise assessment objective of 46dB(A).

The proposed restaurant Level 3 is adjacent to two residential units within the building, separated by fire stairs, hallway and lobby. It is considered acoustic treatment involving the installation of an air lock entry door to Unit 1, in compliance with Council’s requirement for noise level not to exceed 5dB(A) above background noise level, would provide an appropriate living environment for residents of the dwellings.

Subject to a condition for the proposed restaurant operation not to exceed 5dB(A) above background noise level at the nearest residential premises, the proposed development is considered acceptable in respect to the Hornsby Town Centre DCP acoustics performance criteria.

2.4.4 Waste Minimisation and Management

The proposed alterations and additions include storage areas for bins sufficient for the proposed restaurant, gymnasium and the residential units.

The submitted Waste Management Plans for the construction, use and on-going management of the restaurant are considered acceptable.

The proposal is considered satisfactory in respect to the waste minimisation and management element objectives of the Hornsby Town Centre DCP.

2.5 Heritage Development Control Plan

The property is listed as a heritage item (bank) of local significance under the provisions of Schedule D (Heritage Items) of the HSLEP 1994.

The property is located within the vicinity of Nos. 173, 175, 183-183A and 187 Pacific Highway, Hornsby, which are listed as heritage items (The Junction Stores), (shop), (shop) and (shop), of local significance under the provisions of Schedule D. The property is also located within the Peats Ferry Road Precinct within the Hornsby West Side HCA under the provisions of Schedule E (Heritage Conservation Areas) of the HSLEP 1994.

The proposal was considered by the Heritage Advisory Committee at its meeting on 4 December 2012 and 5 February 2013. At its meeting on 5 February 2013, the Committee resolved that no objections be raised on heritage grounds subject to submission of detailed architectural drawings and plans showing the construction details of the recessed Dural Street opening.

The revised architectural plans submitted to Council (drawing nos. DA01 – DA10, Amendment A, dated 10 March 2013) show in detail the proposed treatment to the recessed Dural Street opening indicative of the artist impressions previously considered and address the concerns raised by the Committee. Accordingly, the proposed alterations and additions would not detract from the significance of the subject heritage building or the significance of the Hornsby West Side Heritage Conservation Area.

2.6 Medium/High Density Multi-Unit Housing Development Control Plan (Housing DCP)

The Housing DCP provides a guide for the proposed conversion of Unit 1. The proposed alterations reduce the floor area of Unit 1 from 296.62m² to 119.78m². The floor area of Unit 2 remains the same (33.28m²).

Proposed Unit 1 retains accommodation on Level 4 and the rooftop verandah at the eastern elevation with 67m² of private open space together with 35m² balcony space Level 3. The caretakers dwelling Unit 2 would have access to 10m² of open space. The open space areas comply with the requirements of the Housing DCP.

The existing car parking arrangement includes two car parking spaces for the two units. The proposal is considered acceptable in retaining the existing car parking provision.

2.7 Section 94 Development Contributions Plan (Section 94 Plan)

The Section 94 Plan provides a car parking contribution rate within Hornsby Town Centre for development proposals where the required on-site car parking is not provided. The applicant submitted a car parking study which demonstrates public car parking is available for the hours of operation of the proposed restaurants. A car parking contribution is therefore not recommended for the proposal.

2.8 Clause 94 - Environmental Planning and Assessment Regulation 2000

The proposed change of use from dwellings to a restaurant involves a change in the building classification from Class 2 to Class 6. In this regard, the applicant submitted a Fire Engineering Report and plan details for the upgrading of the building for fire fighting purposes in accordance with the Building Code of Australia.

Appropriate conditions are recommended for upgrading of the existing building for fire safety.

3. ENVIRONMENTAL IMPACTS

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

3.1 Natural Environment

The proposal would not impact on the natural environment.

3.2 Built Environment

The proposed alterations and additions and signage complement the existing building and the streetscape.

Appropriate conditions are recommended in respect to food premises and the use of the building for a restaurant.

3.3 Social Impacts

The proposal would increase the range of food premises within the Town Centre to support the working and residential populations.

3.4 Economic Impacts

The proposal would contribute to Hornsby West Side as a restaurant and entertainment precinct.

4. SITE SUITABILITY

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

The existing building is considered suitable for the proposed restaurant.

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 30 August and 10 October 2012 in accordance with Council’s Notification and Exhibition Development Control Plan. The notification was extended to 10 October 2013 to include additional properties. Council received no submissions in response to the notification.

• PROPERTIES NOTIFIED

X SUBMISSIONS

RECEIVED

PROPERTY SUBJECT OF DEVELOPMENT

6. THE PUBLIC INTEREST

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

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

CONCLUSION

The proposal is for alterations and additions and change of use of an existing heritage building for a restaurant and signage.

The building has recently undergone extensive additions and includes commercial and residential floor space. One floor of the building is occupied by a 24 hour gym, the remaining commercial floor space is vacant. The existing building has a shortfall in on-site car parking.

The proposed alterations and change of use involve the conversion of part of the residential floor space for restaurant use and include a new opening in northern façade at ground level. The alterations and additions are acceptable in respect to the building design element objective of the Hornsby Town Centre DCP.

The proposed change of use for restaurant use does not include on-site car parking. The non-compliance is acceptable in respect to the Hornsby Town Centre DCP parking and access element objective with regard to the proposed hours of operation and available on-street parking and parking spaces within the Dural Street and William Street car parks.

The proposed signage is appropriate for the proposed use and complements the heritage building and the streetscape.

No submissions were received in response to the proposal.

The application is recommended for approval.

Rod Pickles

Manager - Development Assessment

Planning Division

James Farrington

Group Manager

Planning Division

Attachments:

1.View	Locality Map
2.View	Floor Plans
3.View	Fitout Plans
4.View	Fire exit and Pump Room Plans
5.View	Signage Details
6.View	Artist's Impression
7.View	Parking Survey

File Reference: DA/836/2012

Document Number: D02129990
SCHEDULE 1

GENERAL CONDITIONS

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

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

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

1. Approved Plans and Supporting Documentation

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

*Plan No.*	*Drawn by*	*Dated*
DA01 Basement Floor Plan	ab3d design	10 March 2013
DA02 Ground Floor Plan	ab3d design	10 March 2013
DA03 Level 1 Floor Plan	ab3d design	10 March 2013
DA04 Level 3 & Level 4 Floor Plan	ab3d design	10 March 2013
DA05 Level 3 Fitout Plan	ab3d design	10 March 2013
DA06 Level 4 Fitout Plan	ab3d design	10 March 2013
DA07 Ground Floor Level	ab3d design	10 March 2013
DA08 Fire Exit and Pump Room	ab3d design	10 March 2013
DA09 Signage Details	ab3d design	10 March 2013
DA10 Artists Impression	ab3d design	10 March 2013

*Document No.*	*Prepared by*	*Dated*
D02062197 Statement of Environmental Effects	Coastplan Consulting	October 2012
D02062199 Noise Assessment	Acoustic Consulting Engineers	16 October 2012
D01997293 Fire Engineering Report	AE & D FIRE	4 July 2012

REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

2. Building Code of Australia

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

3. Fire Safety Upgrade

To ensure the protection of persons using the building and to facilitate egress from the building in the event of a fire, the application for a construction certificate must demonstrate that it will comply with the following Category 1 fire safety provisions:

a) The existing building be upgraded in accordance with Sections C, D, E, and Section J of the Building Code of Australia

b) A list of existing and proposed fire safety measures is to be submitted to the PCA with any Construction Certificate

c) Any alternate solution to comply with the BCA is to be submitted with the Construction Certificate.

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

4. 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.

5. 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.

6. Toilet Facilities

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

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

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

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

REQUIREMENTS DURING CONSTRUCTION

7. 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.

8. 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.

9. Council Property

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

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.

10. Food Premises

a) The fit out and operation of that part of the building to be used for the manufacture, preparation or storage of food for sale, must be in accordance with Australian Standard 4674-2004 – Design and fit out of food premises, the Food Act 2003, Food Regulation 2010 and the Food Standards Code developed by Food Standards Australia New Zealand. Food Standards 3.3.1, 3.2.2 and 3.2.3 are mandatory for all food businesses. Note: Walls are to be of solid construction.

b) Written permission must be obtained from Sydney Water before discharging trade wastewater to the sewer. Food outlets and food services are required to install and maintain an adequately sized grease trap. A dry basket arrestor or bucket trap is necessary if there are floor wastes in the food preparation and handling areas. Floor wastes must drain to the grease trap servicing the kitchen. Refer to the Sydney Water publication ‘Managing trade wastewater in the food service industry’. An application must be submitted to Sydney Water, refer to sydneywater.com.au or phone 13 20 92.

c) A kitchen exhaust system must be designed and installed to effectively prevent air pollution in accordance with the Protection of the Environment Operations Act 1997.

11. Waste Management

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

12. 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.

OPERATIONAL CONDITIONS

13. Waste Management

a) The domestic bins must be serviced by Council or their authorised Contractor. The commercial waste can be serviced by any authorised collection contractor, including Council.

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

c) If the sum of meat, seafood and poultry waste generated per day by the restaurant is at least 50 litres, then waste collections must take place daily.

d) Due to the close proximity of residential dwellings, commercial waste collection services must only take place within the hours of 9 am to 7 pm on Sundays and Public Holidays or within the hours of 7 am to 7 pm on other days.

14. Advertising Signs

The advertising signage approved under this consent must not flash, move or display electronic images.

15. Use of Premises

The development approved under this consent shall be used for ‘restaurant’ and ‘dwellings’ and not for any other purpose without Council’s separate written consent.

16. The restaurant must not be used for wedding receptions to ensure sufficient public carparking is maintained.

17. Hours of Operation

The hours of operation of the restaurants are restricted to those times listed below:

Weekdays (Breakfast) 7.30 am to 9.30 am

Weekends (Breakfast) 7.30 am to 10.30 am

Weekends (Lunch) 12.00 noon to 3.00 pm

Monday to Sunday (Dinner) 6.00 pm to 12.00 am

18. Noise

All noise generated by the proposed development must be attenuated to prevent levels of noise being emitted to adjacent residential premises which possess tonal, beating and similar characteristics or which exceeds background noise levels by more than 5dB(A).

19. 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.

- END OF CONDITIONS -

ADVISORY NOTES

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

Environmental Planning and Assessment Act, 1979 Requirements

The Environmental Planning and Assessment Act, 1979 requires:

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

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

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

· Mandatory inspections of nominated stages of the construction inspected.

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

Long Service Levy

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

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

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

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.

Food Authority Notification

The NSW Food Authority requires businesses to electronically notify the Authority prior to the commencement of its operation.

Note: NSW Food Authority can be contacted at www.foodnotify.nsw.gov.au.

Council Notification – Food Premises

Prior to the commencement of the business, the operator is requested to contact Council’s Environmental Health Team to arrange an inspection for compliance against the relevant legislation and guidelines outlined in this approval.

Note: Council’s Environmental Health Officer can be contacted on 02 9847 6745.

Authorised Floor Waste Basket and Sink Strainer

An application must be submitted to Sydney Water for the installation of an authorised floor waste basket and sink strainer. Refer to the Sydney Water publication ‘Managing trade wastewater in the food service industry’ at sydneywater.com.au or phone 13 20 92.

Group Manager’s Report No. PL25/13

Planning Division

Date of Meeting: 17/04/2013

9 DEVELOPMENT APPLICATION - SUBDIVISION OF ONE LOT INTO TWO LOTS - 16 NALAURA CLOSE, BEECROFT

EXECUTIVE SUMMARY

DA No:	DA/1341/2012 (Lodged 19 December 2012)
Description:	Subdivision of one allotment into two lots and demolition of a swimming pool
Property:	Lot 4 DP 12095, No. 16 Nalaura Close, Beecroft
Applicant:	P S Graham and Associates
Owner:	Mr Ian Noel McLennan and Mrs Mercy Mecenario McLennan
Estimated Value:	Nil
Ward:	C

· The application proposes the Torrens Title subdivision of one allotment into two lots and the demolition of a swimming pool.

· The proposal does not comply with Clause 14 (Density) and Clause 15 (Floorspace Ratio) of the Hornsby Shire Local Environmental Plan 1994. The applicant has made a submission pursuant to State Environmental Planning Policy No. 1 (Development Standards) to vary the development standard.

· A Red Sticker has been placed on the application requiring that the application be determined at a Council Meeting.

· Council has received three submissions in respect of the application.

· It is recommended that the application be refused.

RECOMMENDATION

BACKGROUND

On 19 December 2012, the applicant submitted DA/1341/2012 for subdivision of one allotment into two lots.

On 5 March 2013, the applicant submitted amended plans to relocate the proposed subdivision boundary, amend the lot sizes and demolish the swimming pool.

SITE

The site is identified as Lot 4 in Deposited Plan 12095, known as No. 16 Nalaura Close, Beecroft. The rectangular-shaped site has an area of 1,103m² and is located on the southern side of Nalaura Close. The site also has a street frontage to Hannah Street to the south. The site experiences a gradual fall of 9% from the south-east to the north-west corner and contains a two storey dwelling-house, shed, swimming pool and numerous trees.

The site is within the vicinity of Nos. 51 and 86X Hannah Street which are listed as heritage items (‘Fearnley Park’ and ‘House’) under the provisions of Schedule D of the Hornsby Shire Local Environmental Plan (HSLEP) 1994.

The site is not burdened by any easements or restrictions under the 88b Instrument and is not located on bushfire prone land.

The surrounding development is characterised by one and two storey dwelling-houses. The adjoining lots at Nos. 70, 74, 74A Hannah Street and No. 18 Nalaura Close have lot sizes of 650.2m², 597.8m², 504.2m² and 452.4m² respectively.

PROPOSAL

The application proposes the subdivision of one allotment into two lots and the demolition of a swimming pool. The proposed allotments are outlined as follows:

Lot 41

Proposed Lot 41 would have an area of 551.5m² and would have a street frontage to Nalaura Close. The lot would contain the existing two storey dwelling-house and the proposed easement to drain water along the north-eastern boundary.

Lot 42

Proposed Lot 42 would have an area of 551.5m² and would have a street frontage to Hannah Street. The site would be benefitted by the proposed easement to drain water over Lot 41. A 200m² indicative building envelope has been indicated on the proposed plans.

The application includes the removal of 4 trees as part of the proposed development.

ASSESSMENT

1. STRATEGIC CONTEXT

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

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

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

· Housing stock to increase by 11,000 dwellings.

The proposed development would be consistent with the draft Strategy by providing an additional allotment, facilitating the opportunity for the provision of additional housing within 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 AS (Low Density – Sensitive Lands) under the Hornsby Shire Local Environmental Plan 1994 (HSLEP). The objectives of the Residential AS (Low Density – Sensitive Lands) 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 proposed development is defined as ‘subdivision’ under the HSLEP and is permissible in the zone with Council’s consent.

Clause 14 of HSLEP prescribes a minimum area of 600m² for an allotment within the Residential AS zone. Both of the proposed lot sizes do not comply with this development standard.

Clause 15 of HSLEP prescribes that the maximum floor space ratio (FSR) of development within the Residential AS (Low Density – Sensitive Lands) zone is 0.4:1. The proposed development would result in a floor space ratio of 0.45:1 for the existing dwelling-house based on the proposed new lot size.

Clause 18 of HSLEP sets out heritage conservation provisions within the Hornsby area. The site is within the vicinity of Nos. 51 and 86X Hannah Street which are listed as heritage items (‘Fearnley Park’ and ‘House’) under the provisions of Schedule D of the HSLEP. The heritage implications of the proposed are addressed under Section 2.7 of this report.

2.2 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005

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

Subject to conditions relating to sediment and erosion control, the development would have minimal potential to impact on the Sydney Harbour Catchment.

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) and subdivision is permissible with the consent of Council under the draft Plan. The site would have a minimum lot size of 600m² and the proposed lot sizes would not comply with this development standard.

2.4 State Environmental Planning Policy No. 1 – Development Standards

As stated above under Section 2.1, the proposal does not comply with Clauses 14 and 15 of the HSLEP. 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 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 or purpose would be defeated or thwarted if compliance was required and therefore compliance is unreasonable;

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

To address the non-compliance with the development standards within Clauses 14 and 15 of the HSLEP, the applicant contends as follows:

“The Subdivision Plan demonstrates compliance with Council’s Subdivision Development Control Plan requirements with respect to –

(a) Existing dwelling envelope size 171m² for lot 41 (2 storey) and 200m² for proposed lot 42.

(b) Offsets to boundaries to front, side and rear of the dwelling and proposed building envelope.

(c) Private open space areas.

(d) Carspace requirements.

Compliance with the standards will hinder the attainment of the objects specified in 5(a)(i) and (ii) of the Environmental Planning and Assessment Act 1979.

The adjoining land on the east is Lot 2 in Deposited Plan 844936 has a brick dwelling No. 18 Nalaura Close comprising 452m² that compliments the streetscape. The original dwelling No. 70 Hannah Street is on Lot 1. There is no change to the streetscape, the subdivision not being obvious from Hannah Street. The adjoining land on the west is Lot 31 in DP 844936 comprises the original dwelling No. 74 Hannah Street and is 504m². Lot 32 is a battleaxe lot being No. 74A comprising 482.2m² excluding access handle.

The adjacent subdivisions satisfy the zone objectives and demonstrate strict compliance with the Development Standards is unreasonable and unnecessary.”

The matters listed above have been taken into consideration in assessing the merits of the SEPP 1 objection.

Minimum Lot Sizes

Upon gazettal of the Hornsby Shire Local Environmental Plan (HSLEP) in July 1994, Hornsby Shire was exempted from the provisions of the now repealed State Government’s urban consolidation policies, namely Sydney Regional Environmental Plan (SREP) No. 12 – Dual Occupancy and State Environmental Planning Policy (SEPP) No. 25 – Residential Allotment Sizes. The exemption was granted as a result of the Hornsby Shire Housing Initiatives Strategy which presented an alternative solution to meet both local and State housing objectives. The Housing Initiatives Strategy allowed lower housing densities in the suburbs by providing higher density residential zones around transport and employment nodes, such as the Hornsby Town Centre.

On 19 May 1994, the then Minister for Urban Affairs and Planning repealed the right to separate titles on dual occupancy developments. However, despite the repeal of SREP No. 12 and SEPP No. 25, the subdivision of dual occupancies with reduced lot sizes was still possible under the HSLEP.

On 15 December 1995, to bring the HSLEP in accordance with State Government policies, HSLEP (Amendment No. 8) was gazetted to preclude the subdivision of multi-unit housing developments where proposed allotment sizes were less than the minimum allotment sizes under Clause 14 (Density).

In regards to the non-compliance of the proposed lot sizes with Clause 14 (Density) of the HSLEP, the SEPP 1 objection refers to allotments adjoining the subject site which have similar lot sizes to the subject application.

Development Application No. 811/1993 was lodged on 25 November 1993 for the erection of a dwelling-house and the Torrens title subdivision of No.70 Hannah Street to create Lots 1 and 2 of Deposited Plan 844935 (known as No. 70 Hannah Street and No. 18 Nalaura Close). As the application was lodged prior to the repeal of State Regional Environmental Plan (SREP) No. 12 – Dual Occupancy and the gazettal of the HSLEP, the application was approved on 2 August 1994 under the SREP.

Development Application No. 175/1995 for the erection of a dwelling-house and the Torrens title subdivision of No. 74 Hannah Street to create Lots 31 and 32 of Deposited Plan 876520 (known as Nos. 74 and 74A Hannah Street) was approved on 19 December 1995. As the application was lodged on 31 March 1995, prior to the gazettal of HSLEP Amendment No.8, consent was granted pursuant to Clause 14 (Density) of the HSLEP.

Notwithstanding the adjoining 597.8m², 504.2m² and 452.4m² lot sizes do not comply with the Clause 14 (Density) development standards of the HSLEP, these lots have been approved under previous policies and controls which have since been repealed or amended. Approval of the subject application would create an unacceptable precedent under the current controls for the subdivision of lots within the Residential AS (Low Density – Sensitive Lands) zone by allowing allotments significantly lower than the applicable development standard.

Floor Space Ratio

In regards to the non-compliance of the existing dwelling-house with Clause 15 (Floorspace Ratio) of the HSLEP, the appearance of the dwelling-house when viewed from the streetscape on Nalaura Close would be unchanged. The proposed increase in floor space ratio resulting from the subdivision would create negligible impacts to the surrounding area. However, the non-compliance with the floor space ratio development standard stems from the fact that the proposed lot size created would not comply with the minimum lot size development standard. On this basis, the non-compliance with Clause 15 is considered unacceptable.

The SEPP 1 objection submitted is not considered to be well founded as the proposed subdivision would set an undesirable precedent for minimum lot sizes within the Residential AS (Low Density – Sensitive Lands) zone.

2.5 Residential Subdivision Development Control Plan

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

Residential Subdivision DCP
Control	Proposal	Requirement	Complies
Density
Site Area	1,103m²	1,200m²	No
Proposed allotment sizes Lot 41 Lot 42	551.5m² 551.5m²	600m² 600m²	No No
Allotment Layout and Design
Building Envelopes Lot 41 Lot 42	No change to existing 200m²	N/A 200m²	N/A Yes
Existing Dwelling House
Floor space area	246m²	220.6m²	No
Floor space ratio	0.45:1	0.4:1	No
Site coverage	34%	40%	Yes
Private Open Space
Lot 41 Lot 42	127m² 185.5m²	120m² 120m²	Yes Yes
Setbacks
Lot 41 Front Side Side Rear	No change to existing No change to existing No change to existing 6.3m	6m 1m 1m 3m	N/A N/A N/A Yes
Lot 42 Front Side Side Rear	6.5m 1.5m 1.5m 9.2m	6m 1m 1m 3m	Yes Yes Yes Yes
Landscaping
Landscaped area: Lot 41 Lot 42	58% 51%	45% 45%	Yes Yes
Car Parking
No. of spaces Lot 41 Lot 42	2 spaces 2 spaces	2 spaces 2 spaces	Yes Yes
Solar Access
Windows to north-facing living rooms on adjoining development Adjoining land	>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 requirements within Council’s Subdivision DCP. The matters of non-compliance are detailed below, as well as a brief discussion on compliance with relevant performance requirements.

2.5.1 Density

The proposed lot sizes and the floor space ratio of the existing dwelling-house do not comply with the prescriptive measures of the Density element and Clauses 14 and 15 of the HSLEP. These matters have been addressed under Section 2.4 of this report.

2.5.2 Flora and Fauna Protection

The proposal would require the removal of 4 trees to allow adequate space for the indicative building envelope. These 4 trees are not considered significant and their removal would create negligible environmental impacts.

2.6 Dwelling House Development Control Plan

The existing dwelling-house would not comply with the floor space ratio prescriptive measure of the Scale element of the Dwelling House Development Control Plan. This non-compliance has been addressed under Section 2.4 of this report.

2.7 Heritage Development Control Plan

The site is within the vicinity of Nos. 51 and 86X Hannah Street which are listed as heritage items (‘Fearnley Park’ & ‘House’) under the provisions of Schedule D of the Hornsby Shire Local Environmental Plan (HSLEP) 1994. No works are proposed to the existing dwelling-house, besides the removal of the existing swimming pool to the rear. A dwelling-house erected on proposed Lot 42 would not be visible from the heritage items at Nos. 51 and 86X Hannah Street. On this basis, the proposal would not create any adverse impacts to the significance of the heritage items.

3. ENVIRONMENTAL IMPACTS

3.1 Natural Environment

The proposed development would necessitate the removal of 4 trees from the site. The removal of these trees would create negligible environmental impacts.

3.2 Built Environment

The proposed lot sizes and floor space ratio of the existing dwelling-house would result in a density of development that is not consistent with the objectives of the Residential AS (Low Density – Sensitive Lands) zone. Notwithstanding that two of the adjoining properties have a similar lots sizes to that of the proposal, these developments have been approved under previous legislation and the proposal would set an undesirable precedent for further small lot subdivisions within the surrounding area.

3.3 Social Impacts

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

3.4 Economic Impacts

The proposal would not have an adverse 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”.

The subject site is considered unsuitable for the proposed development as the site area is not sufficient to create two allotments.

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 January 2013 and 19 February 2013 in accordance with Council’s Notification and Exhibition Development Control Plan. During this period, Council received three submissions. The map below illustrates the location of those nearby landowners who made a submission that are in close proximity to the development site.

NOTIFICATION PLAN

• PROPERTIES NOTIFIED

X SUBMISSIONS

RECEIVED

PROPERTY SUBJECT OF DEVELOPMENT

One submission was received out of range of the notification map from the Beecroft/Cheltenham Civic Trust.

The submissions objecting to the proposed development are outlined as follows:

5.1.1 Lot Size

Two submissions have been received in regards to the lot sizes of the proposed subdivision and the impact it would have on the surrounding area. The matters relating to the lot sizes have been addressed in Section 2.4 of this report.

5.1.2 Height

A submission has been received in regards to the height of a potential dwelling-house on Lot 42. The subject application is for the subdivision of the allotment into two lots and the demolition of the existing swimming pool and does not include the erection of a dwelling-house. Matters relating to the height of a proposed dwelling-house would be assessed when an application for such development was lodged.

6. THE PUBLIC INTEREST

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

The application is considered to have unsatisfactorily addressed Council’s criteria and would provide a development outcome that, on balance, would result in a negative impact for the community. Accordingly, it is considered that the refusal of the proposed subdivision of one allotment into two lots would be in the public interest.

CONCLUSION

The application proposes the subdivision of one allotment into two lots and the demolition of a swimming pool.

The development does not comply with the Clause 14 and 15 of the Hornsby Shire Local Environmental Plan 1994 and is not considered acceptable having regard to the matters for consideration pursuant to Section 79C of the Environmental Planning and Assessment Act, 1979.

Council received three submissions during the public notification period in regards to the design and density of the development. The issues raised have been addressed in the body of this report.

Having regard to the circumstances of the case, refusal of the application is recommended.

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

Rod Pickles

Manager - Development Assessment

Planning Division

James Farrington

Group Manager

Planning Division

Attachments:

1.View

Locality Map

File Reference: DA/1341/2012

Document Number: D02132332

SCHEDULE 1

1. The proposal is unsatisfactory in respect to Section 79C(1)(a)(i) of the Environmental Planning and Assessment Act, 1979 as the development does not comply with the development standards of Clauses 14 (Density) and 15 (Floorspace Ratio) of the Hornsby Shire Local Environmental Plan 1994.

2. The proposal is unsatisfactory in respect to Section 79C(1)(a)(iii) of the Environmental Planning and Assessment Act, 1979 as the development does not meet the objectives of the Density element of the Residential Subdivision Development Control Plan (DCP).

3. The proposal is unsatisfactory in respect to Section 79C(1)(e) of the Environmental Planning and Assessment Act, 1979 as the development would set an undesirable precedent for the minimum lot size within the Residential AS (Low Density – Sensitive Lands) zone and is not in the public interest.

- END OF REASONS FOR REFUSAL -

Group Manager’s Report No. PL27/13

Planning Division

Date of Meeting: 17/04/2013

10 DEVELOPMENT APPLICATION - DWELLING HOUSE - 69 WYANNA STREET, BEROWRA HEIGHTS

EXECUTIVE SUMMARY

DA No:	DA/59/2013 (Lodged 31 January 2013)
Description:	Demolition of an existing dwelling-house and the erection of a dwelling-house and swimming pool
Property:	Lot 7, DP 244647, No. 69 Wyanna Street, Berowra Heights
Applicant:	Sharon Jones Architectural Design
Owner:	Ms Karina Ledger
Estimated Value:	$670,000
Ward:	A

· The application proposes the demolition of an existing dwelling-house and the erection of a dwelling-house and a swimming pool.

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

· It is recommended that the application be approved.

RECOMMENDATION

BACKGROUND

On 1 September 1999, consent was granted to DA/1530/1999 for alterations and additions to the existing dwelling-house.

SITE

The rectangular, 709.4m² site is located on the southern side of Wyanna Street, Berowra Heights and contains a part 1 and 2 storey dwelling-house. The site experiences an 11.5 metre fall from the front, north-east to the rear, south-west corner.

The site is within a bushfire prone area and adjoins the Berowra Valley National Park on the rear, south-western boundary.

The site is not located in a heritage conservation area and is not in the vicinity of a heritage listed item.

PROPOSAL

The application proposes demolition of the existing dwelling-house and retaining walls and erection of a split level, three storey dwelling-house and an in-ground swimming pool. The swimming pool would be located towards the rear, southern boundary of the property.

The lower ground floor level would comprise a rumpus room, store room, powder room, laundry and patio.

The ground floor level would comprise a double garage, study, powder room, store room, kitchen with walk-in-pantry, meals area and family room.

The first floor level would comprise 4 bedrooms, an ensuite, bathroom and a toilet.

The application also proposes the construction of retaining walls, driveway, vehicular crossing, air-conditioning unit, 5,000 litre above ground rainwater tank and the removal of 2 trees as part of the development.

ASSESSMENT

1. STRATEGIC CONTEXT

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

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 by providing re-newed housing provision within the Shire.

2. STATUTORY CONTROLS

2.1 Hornsby Shire Local Environmental Plan 1994

The subject land is zoned Residential AS (Low Density – Sensitive Lands) under Hornsby Shire Local Environmental Plan 1994 (HSLEP). The objectives of the Residential AS 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 proposed development is defined as a ‘dwelling-house’ under the HSLEP and is permissible in the zone with Council’s consent.

2.2 Draft Hornsby Local Environmental Plan

2.2.1 Zoning

Under the DHLEP, the subject land would be zoned R2 (Low Density Residential). A “dwelling house” would be a permissible use in the zone under the DHLEP.

2.2.2 Height of Building

Clause 4.3 of the DHLEP provides that the height of a building on any land is not to exceed the maximum height shown for the land on the Height of Buildings Map. The maximum permissible height for the subject site within the R2 zone is 8.5 metres. The proposal complies with this provision.

2.3 Sydney Regional Environmental Plan No. 20 (SREP 20)

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 River system, including its water quality. The Policy addresses matters related to water quality, significant vegetation habitats, extraction, environmental heritage and scenic quality, recreation and tourism and agriculture.

Subject to the installation of suitable erosion and sediment control measures during construction works, the proposed development would be consistent with the objectives of SREP 20.

2.4 State Environmental Planning Policy No. 1 – Development Standards

Clause 15 of the Hornsby Shire Local Environmental Plan 1994 prescribes that the maximum floor space ratio (FSR) of development in the Residential AS (Low Density – Sensitive Lands) zone is 0.4:1. The gross floor area of the development is 379.5m² and would result in an FSR of 0.53:1, which does not comply with the development standard.

To address the variation to the 0.4:1 development standard, the applicant has submitted an objection under State Environmental Planning Policy No. 1 - Development Standards (SEPP 1).

The application has been assessed against the requirements of SEPP 1. This Policy provides flexibility in the application of development standards in circumstances where strict compliance with those standards would, in any particular case, be unreasonable or unnecessary, or tend to hinder the attainment of the objectives of the Act.

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

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

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

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

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

1. “Due to the orientation of the site and the location of the proposed dwelling, no significant overshadowing to neighbouring properties will occur. The impact of an increased floor space ratio is therefore considered to be minimal;

2. The proposed increase in floor space ratio will not impact on any adjoining properties in relation to loss of privacy or views. None of the adjoining properties rely on any views across the development footprint area and the increase in floor space does not affect views;

3. There are no significant trees or vegetation within the development footprint area of the site. No site environmental features are therefore affected by the development or as a result of the increase in floor space ratio;

4. The proposed development is considered to be a site responsive development that is compatible with existing housing development in the locality. The scale of the proposed development is not unreasonable and matches the existing housing development in the area. The height and bulk of the dwelling is considered to be satisfactory;

5. The impact of the development on the front, side and rear setback is considered to be in keeping with neighbouring setbacks. The development is also considered to be in keeping with the scale of neighbouring development; and

6. The larger floor space ratio for the development on landscaping provisions is considered not to be significant and is not compromised by the size of the dwelling.”

The matters listed above have been taken into consideration in assessing the merits of the SEPP 1 objection.

The proposal takes into consideration the environmental and topographical constraints of the site. The additional floor space would not adversely impact on the environmental and amenity aspects of the site and the underlying objectives of the zoning. The dwelling-house would provide accommodation that would not detract from the scale and variety of dwelling-houses in the low density areas of the Shire as the proposal is considered to meet the zone objectives outlined in the HSLEP.

In addition to the above, Council’s assessment had regard to the provisions of the NSW Housing Code, which provides that the maximum gross floor area for complying development within the low density residential zones of the Shire as being:

· 330m², if the lot has an area of at least 450m² but less than 600m²;

· 380m², if the lot has an area of at least 600m² but less than 900m²; and

· 430m², if the lot has an area of at least 900m².

Accordingly, if applicable, the development would satisfy the maximum floor area development standard under the NSW Housing Code.

Given that the recently introduced NSW Housing Code is now enacted in many parts of the Shire, it is anticipated that more developments would be approved under this Code, which will change the characteristics of dwelling-houses. Consequently, whilst Council has previously applied a maximum FSR of 0.4:1 for dwelling-houses in the low density residential zones within the Shire under the HSLEP, the introduction of the NSW Housing Code is changing the effect of this standard.

2.5 Dwelling House Development Control Plan

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

Dwelling House Development Control Plan
Control	Proposal	Requirement	Complies
Site Area	709.4m²	500m²	Yes
Gross Floor Area	379.5m²	283.76m²	No
Floor space ratio	0.53:1	0.4:1	No
Site cover	31.5%	40%	Yes
Dwelling-House Setbacks Front (north) Rear (south) Side (east) Side (west)	7.97m 16.9m 1.5m 1.5m	6m 3m 1m 1m	Yes Yes Yes Yes
Swimming Pool Setbacks Rear (south) Side (east) Side (west)	2m 5.2m 1.2m	N/A N/A N/A	N/A N/A N/A
Height	Two-storey	Max. two storey	Yes
Unbroken Wall length	19m	10m	No
Building length	19m	24m	Yes
Cut and fill	0.9m fill	1m	Yes
Private Open Space	120m²	120m²	Yes
Landscaped area	45%	45%	Yes
Garage size	6.3m x 5.8m	3.0m x 5.4m	Yes

As detailed in the above table, the proposed development does not comply with the prescriptive measures of the design element within Council’s Dwelling House DCP. This matter of non-compliance is addressed below.

2.5.1 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 .

2.5.2 Design

The proposed 15.6 metre eastern, ground floor level elevation and 14.6 metre western, ground floor level elevation wall lengths do not comply with the prescriptive measure of the Design element which states that wall lengths should not exceed 10 metres without a physical “break”.

Notwithstanding this, a balance between solid walls and openings and variations of roof form has been incorporated into the elevations to avoid a monotonous or symmetrical design when viewed from the street or adjacent properties.

The proposal would have negligible adverse visual or amenity impacts to the adjoining properties. The proposed dwelling-house meets the objectives of the Design element of the Dwelling House DCP and is considered acceptable.

2.5.3 Acoustics

The application proposes the siting of an air-conditioning unit on the western elevation. To protect the amenity of the adjoining properties, a condition is recommended regulating the noise emissions from the unit.

Subject to the above condition, the proposal meets the objectives of the Acoustics element and is considered acceptable.

2.5.4 Flora and Fauna Protection

The application proposes the removal of two trees located on the subject site. These trees are located within 3 metres of the existing development. As a consequence, they are exempt under Council’s Tree Preservation Order and can be removed without further Council approval.

The proposal meets the objectives of the Flora and Fauna Protection element and is considered acceptable.

2.5.5 Drainage Control

The application proposes to drain all collected roof-water into a 5,000 litre rainwater tank, with the overflow to be piped into the bushland located at the rear of the subject site via the existing drainage system. Council’s engineering assessment concludes that the proposal meets the objectives of the Drainage Control element and is considered acceptable. Accordingly, no objections were raised to the proposal, subject to conditions.

2.5.6 Swimming Pool

The application proposes the erection of an in-ground swimming pool with associated paving to be located towards the rear, southern boundary of the property.

Due to the topography of the site, the southern side of the swimming pool would be suspended approximately 3 metres above natural ground level. Notwithstanding this, it is considered that the swimming pool would not create any adverse amenity or privacy impacts to adjoining properties as the subject property backs onto the Berowra Valley National Park.

Furthermore, the proposal includes landscape planting along the southern and eastern boundaries to provide screening in addition to the existing screen planting located along the western boundary.

3. ENVIRONMENTAL IMPACTS

3.1 Natural Environment

As discussed under Section 2.5.4 of this report, the trees identified for removal on the site are not significant and their removal would have negligible environmental impacts.

The subject site is identified as being located on bushfire prone land. As a consequence, 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.

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 area. 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 5 February 2013 and 19 February 2013 in accordance with Council’s Notification and Exhibition Development Control Plan. During this period, Council received no submissions.

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 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 demolition of the existing dwelling-house and the erection of a dwelling-house and a swimming pool.

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.

James Farrington

Group Manager

Planning Division

Rod Pickles

Manager - Development Assessment

Planning Division

Attachments:

1.View	Locality Map
2.View	Architectural Plans
3.View	Floor Plans
4.View	Statement of Environmental Effects including SEPP 1 Objection

File Reference: DA/59/2013

Document Number: D02134134

SCHEDULE 1

GENERAL CONDITIONS

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

1. Approved Plans and Supporting Documentation

*Plan No.*	*Drawn by*	*Dated*
214 (Sheet 1 and Sheet 2)	Sharon Jones Architectural Design	February 2013

2. Removal of Existing Trees

This development consent only permits the removal of two trees numbered T1 and T2 as identified on Plan No. 214 (Sheet 2) prepared by Sharon Jones Architectural Design dated February 2013. 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 (South-East, South-West and North-West)

a) New construction on the south-east, south-west and north-west elevations must comply with the current Australian Standard AS3959 ‘Construction of buildings in bush fire-prone areas’ section 9 (BAL FZ). However, any material, element of construction of system when tested to the method described in Australian Standard AS1530.8.2 ‘Methods for fire tests on building materials, components and structures Part 8.2: Tests on elements of construction for buildings exposed to simulated bushfire attack – Large flaming sources’ must comply with Clause 13.8 of that standard except that flaming of the specimen is not permitted and there must be no exposed timber.

b) Window assemblies on the south-east, south-west and north-west elevations must comply with modified Section 9 of Australian Standard AS3959 ‘Construction of buildings in bush fire-prone areas,’ or the following:

i) Must have an FRL of 0/30/0, or;

ii) Must be completely protected by a non-combustible and non perforated bushfire shutter that complies with Section 3.7 of Australian Standard AS3959 excluding parts e and f;

iii) All window frames and hardware must be metal;

iv) Glazing must be toughened glass, minimum 6mm;

v) Seals to stiles, head and sills or thresholds must be manufactured from materials having a flammability index no greater than 5;

vi) The openable portion of the window must be screened internally or externally with a mesh with a maximum aperture of 2mm, made from corrosion resistant steel or bronze. The frame supporting the mesh must be metal.

c) External doors and door frames (not including garage doors) on the south-east, south-west and north-west elevations must comply with modified Section 9 of Australian Standard AS3959 ‘Construction of buildings in bush fire-prone areas’ or the following:

i) Must be completely protected by a non-combustible and non-perforated bushfire shutter that complies with Section 3.7 of Australian Standard AS 3959 excluding parts e and f;

ii) Doors must be non-combustible;

iii) Externally fitted hardware that supports the panel in its function of opening and closing must be metal;

iv) Where doors incorporating glazing, the glazing must be toughened glass a minimum of 6mm;

v) Seals to stiles, head and sills or thresholds must be manufactured from silicone;

vi) Door frames must be metal;

vii) Doors must be tight fitting to the door frame or an abutting door;

viii) Weather strips, draught excluders or draught seals must be installed if applicable.

8. Design and Construction - Bushfire Attack Category (North-East)

b) Gutters and valleys are to be screened to prevent the build up of flammable material. Any materials used shall be non-combustible.

9. Water and Utilities - Bushfire Attack Category

To provide adequate services of water for the protection of buildings during and after the passage of a bush fire, and to locate gas and electricity so as not to contribute to the risk of fire to a building, the following conditions apply:

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

b) An 'SWS' marker must be obtained and positioned for ease of identification by brigade personnel and other users of the SWS. In this regard:

i) Markers must be fixed in a suitable location so as to be highly visible; and

ii) Markers should be positioned adjacent to the most appropriate access for the static water supply.

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

10. Erection of Construction Sign

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

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

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

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

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

11. Toilet Facilities

12. 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.

13. 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

14. Construction Work Hours

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

15. Demolition

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

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

16. 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.

Note: This consent does not give right of access to the site via Council’s park or reserve. Should such access be required, separate written approval is to be obtained from Council.

17. 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.

18. 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:

19. Fulfilment of BASIX Commitments

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

20. 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 the existing internal drainage system.

21. Internal Driveway/Vehicular Areas

The driveway and parking areas on site must be designed in accordance with Australian Standards 2890.1, 2890.2, 3727. Design levels at the front boundary be obtained from Council.

22. 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 must be replaced with an integral kerb and gutter; and

b) The footway area must be restored by turfing.

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.

23. 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.

24. Retaining Walls

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

25. 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.

OPERATIONAL CONDITIONS

26. Swimming Pool Requirements

The construction and operation of the swimming pool must comply with the provisions of the Swimming Pool Act 1992, the Swimming Pool Regulation, 1998, Australian Standards 1926.1-3 – Swimming Pool Safety and the following requirements:

a) All waste water from the pool’s filtration system must be piped to Sydney Water’s sewer system. In the event that Sydney Water’s sewer system is not provided, a filtration system that does not require backwashing must be provided.

b) The filtration motor and pump, or spa heater and blower unit must be housed in a soundproofed structure. Sound from the equipment must not exceed 5(dBA) above ambient noise levels at any residential property boundary.

c) The applicant must participate in the ‘Static Water Supply Project’ initiative of the NSW Fire Brigades and make available the water in the swimming pool for use as a static water supply for fire fighting purposes by the NSW Fire Brigades or the NSW Rural Fire Service.

Note: On completion of the swimming pool, the applicant is to contact the local NSW Fire Brigade Station or NSW Rural Fire Service Station to arrange the installation of a static water supply identification plate.

- END OF CONDITIONS -

ADVISORY NOTES

Environmental Planning and Assessment Act, 1979 Requirements

The Environmental Planning and Assessment Act, 1979 requires:

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

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

· mandatory inspections of nominated stages of the construction inspected; 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”.

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

Dial Before You Dig

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

Asbestos Warning

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

www.environment.nsw.gov.au

www.nsw.gov.au/fibro

www.adfa.org.au

www.workcover.nsw.gov.au

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

Group Manager’s Report No. PL29/13

Planning Division

Date of Meeting: 17/04/2013

11 DEVELOPMENT APPLICATION - SUBDIVISION OF ONE ALLOTMENT INTO TWO LOTS - 18 MERRIWA PLACE, CHERRYBROOK

EXECUTIVE SUMMARY

DA No:	DA/28/2013 (Lodged 16 January 2013)
Description:	Torrens title subdivision of one allotment into two lots
Property:	Lot 36 DP 802262, 18 Merriwa Place, Cherrybrook.
Applicant:	P S Graham & Associates
Owner:	Mr Ganapathi Subramanian and Mrs Uma Subramanian
Estimated Value:	N/A
Ward:	B

· The application is for the subdivision of one allotment into two lots to accommodate two existing attached multi-unit dwellings.

· The proposal does not comply with the minimum lot size and maximum floor space ratio development standards under the Hornsby Shire Local Environmental Plan 1994. The applicant has made a submission pursuant to State Environmental Planning Policy No. 1 – Development Standards to vary the standards. 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/28/2013 for Torrens title subdivision of one allotment into two lots at Lot 36 DP 802262, 18 Merriwa Place, Cherrybrook subject to the conditions of consent detailed in Schedule 1 of Group Manager’s Report No. PL29/13.

BACKGROUND

On 11 October 1990, Council approved DA/341/1990 under Sydney Regional Environmental Plan No. 12 – Dual occupancy for the construction of an attached multi-unit housing development comprising two dwellings. The approved development has been completed. Subdivision of the site was possible at the time but was not pursued.

SITE

The site is generally rectangular in shape and has an area of 786.4m². The site is located at the end of a cul-de-sac at the northern end of Merriwa Place, Cherrybrook and has a gentle fall from the rear northern boundary to the front southern boundary. The site has a frontage of 12.4m to Merriwa Place and eastern and western side boundaries of approximately 51m and 33m respectively.

Existing development on the site comprises an attached multi-unit housing development incorporating two dwellings. Access to the site is via a shared single driveway from Merriwa Place.

A pathway connecting Merriwa Place to New Line Road adjoins the western side of the property and a right of carriageway for No. 12 and No. 14 Merriwa Place adjoins the eastern side of the property. The property is surrounded by low-density residential development and a number of attached multi-unit housing developments comprising two dwellings, some of which have been subdivided.

PROPOSAL

The proposal is for the Torrens title subdivision of one allotment into two lots to accommodate the approved attached dwellings. The proposed allotment areas, including the accessway are as follows:

· Proposed Lot 1 408.7m²

· Proposed Lot 2 377.7m²

Each of the approved attached dwellings on the proposed lots has a gross floor area of 182.1m². The proposed subdivision of the existing lot aligns with the dividing wall between the two approved attached dwellings. No works are required for the proposed subdivision.

ASSESSMENT

1. STRATEGIC CONTEXT

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

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

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

· Housing stock to increase by 11,000 dwellings.

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

2. STATUTORY CONTROLS

2.1 Hornsby Shire Local Environmental Plan 1994

The subject land is zoned Residential 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 ‘subdivision’ under the HSLEP and is permissible in the zone with Council’s consent.

Clause 14 of the HSLEP prescribes that the minimum allotment area in the Residential A (Low Density) Zone for the purpose of subdivision is 500m². The application indicates that proposed Lot 1 would have an area of 408.7m² (315.1m² excluding the accessway) and proposed Lot 2 would have an area of 377.7m² (342m² excluding the accessway). Notwithstanding, Clause 14 further states; ‘In calculating the area of a battle-axe or hatchet shaped allotment, the area of any accessway, right of carriageway or the like is to be excluded’. As a battle-axe arrangement is not proposed in this instance, this does not apply.

However, proposed Lot 1 and Lot 2 have an area less than 500m² and are therefore non-compliant with Clause 14 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).

Clause 15 of the HSLEP prescribes that the maximum floor space ratio (FSR) of development within the Residential A zone is 0.4:1. Pursuant to Clause 15(4) of the HSLEP, in calculating the floor space ratio, the area of any accessway is to be excluded from the site area. A reciprocal right of access is proposed over the existing driveway area which is shared between the two approved dwellings. In this regard, the proposed floor space ratio for No. 18A is 0.58:1 and 0.53:1 for No 18B.

The proposal is therefore non-compliant with Clause 15 of HSLEP. To address this non-compliance, the applicant has also made a submission to vary the standard under State Environmental Planning Policy No. 1- Development Standard (SEPP 1).

Clause 18 of the HSLEP sets out heritage conservation provisions for Hornsby Shire. The site is not identified as an item of heritage and is not within a heritage conservation area nor is it in the vicinity of a heritage item.

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 Councils 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). The land-use is defined as ‘subdivision’ and would be permissible in the zone.

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

Hornsby Shire is located within the catchment of the Hawkesbury Nepean River. Part 2 of the Policy contains general planning considerations and strategies to be considered by Council as the consent authority as to the impacts of development on the scenic quality of the area, water quality, aquaculture, recreation and tourism.

No physical works are proposed other than drainage works to create separate stormwater systems for each dwelling.

Subject to the implementation of sediment and erosion control measures and stormwater management to protect water quality, the proposal would comply with the requirements of the Policy.

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 Land and Environment Court has expressed the view that there are five different ways in which an objection may be well founded and the 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 or purpose would be defeated or thwarted if compliance was required and therefore compliance is unreasonable;

4. The development standard has been virtually abandoned or destroyed by the Council’s own actions in granting consents departing from the standard and hence compliance with the standard is unnecessary and unreasonable; 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 and unnecessary. That is, the particular parcel of land should not have been included in the particular zone.”

The objective of Clause 14 is “to provide for the development of land at a density that is in accordance with the land’s environmental capacity and zone objectives”. The proposed subdivision would result in a lot area of 408.7m² for Lot 1 and 377.7m² for Lot 2.

The objective of Clause 15 is “to control intensity and scale of development of land so that development will be in accordance with the land’s environmental capacity and zone objectives”. The proposed subdivision would result in a FSR of 0.58:1 for Dwelling No. 18A on Lot 1 and 0.53:1 for Dwelling No. 18B on Lot 2 when the accessway is excluded.

In regard to whether the objections to the minimum lot size and floor space ratio are considered well founded, the applicant (in summary) submits that the underlying purpose of the density and floor space ratio standards is achieved as follows:

· The proposed subdivision would not alter the approved built form of the multi-unit housing development and therefore, not alter the streetscape;

· The proposed subdivision would create usable allotments which maximise energy efficiency and minimise environmental impacts. The dwellings have a north-south disposition with private open space areas enjoying direct northern sun;

· Subdivision of the building would not have any negative environmental significance;

· The variation of the standard would not result in the development failing to achieve the objectives of HSLEP.

Principle 1 above provides grounds for which the SEPP 1 objection may be considered well founded. The applicant’s objection to the 500m² minimum lot size and the maximum 0.4:1 floor space ratio development standards are considered well founded and are supported for the following reasons:

a) The proposed subdivision would not alter the physical relationship of the approved development with the surrounding low density residential environment;

b) The approved development is in accordance with the current provisions of the HSLEP which permit multi-unit housing at a density of 350m² site area per dwelling notwithstanding the minimum allotment size of 500m² for subdivision; and

c) The proposal would not result in a precedent for similar developments given the provisions of the DHLEP would repeal the permissibility of multi-unit housing in the zone.

The proposed variation is consistent with the decision of the Land and Environment Court in the appeal Stephen De Pasquale v Hornsby Shire Council. The Court upheld this appeal involving two proposed dwellings and subdivision into two lots subject to a SEPP 1 objection, as the development was within the environmental capacity of the site notwithstanding the proposed lots were less than 500m² (DA/215/2006 – LEC 10648 of 2006).

The proposal is also not inconsistent with the objectives contained within section 5(a)(i) and (ii) of the Environmental Planning and Assessment Act 1979. The proposed variation of the development standard would not raise any matter of significance for State and regional planning. The public benefit of maintaining the development standards is considered unsustainable given the approval of the two attached dwellings under DA/341/1990.

In conclusion, strict compliance with the floor space ratio for proposed Lot 1 and Lot 2 would not achieve a benefit in respect to the character of the locality. Accordingly, the non-compliance with the numerical density and floor space provision is considered acceptable in this instance.

2.5 Residential Subdivision Development Control Plan

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

Residential Subdivision Development Control Plan

Control

Proposal

Requirements

Complies

Subdivision

Site Area

786.4m²

N/A

Proposed allotment size (including area of accessway)

Proposed Lot 1

Proposed Lot 2

408.7m²

377.7m²

500m²

Existing Multi-Unit Housing Development

Gross Floor Area

Dwelling No. 18A – Lot 1

Dwelling No. 18B – Lot 2

182.1m²

N/A

Floor space ratio

Dwelling A – Lot 1

Dwelling B – Lot 2

0.58:1

0.53:1

0.4:1

Site coverage

Proposed Lot 1

Proposed Lot 2

33%

36%

40%

Yes

Private open space

Proposed Lot 1

Proposed Lot 2

94.5m²

86.1m²

120m²

Setbacks

Front

Side (east)

Side (west)

Rear

7.1m

Yes

Landscaping

Proposed Lot 1

Proposed Lot 2

39%

43%

45%

Car parking

Proposed Lot 1

Proposed Lot 2

2 spaces

Yes

2.5.1 Density

The proposed allotments have an area less than 500m² and are therefore, non-compliant with Clause 14 of the HSLEP. The proposed subdivision would result in a floor space ratio of more than 0.4:1 for both lots and is non-compliant with Clause 15 of the HSLEP. These elements have been discussed in detail under Section 2.4 of this report.

2.5.2 Setbacks

As the dwellings currently exist on the site, there will be no change to the existing boundary setbacks. The proposed boundary line that would divide Lot 1 from Lot 2 separates the properties through an existing common wall, resulting in a nil setback in this portion of the site. This is acceptable in this instance, as the duplex arrangement is existing onsite and maintains all other boundary setbacks as approved under DA/341/1990.

2.5.3 Private Open Space

The floor area of each of the dwellings requires a private open space area of 120m² to be provided at the rear of each dwelling. The proposed development provides 94.5m² of private open space area for Lot 1 and 86.1m² for Lot 2 which does not comply with Council’s Low Density Multi-Unit Housing DCP. However, the proposed development would not alter the approved built form of the multi-unit housing development and does not alter the private open space currently provided on the site. Accordingly, non-compliance with the private open space provision is considered acceptable in this instance.

2.5.4 Landscaping

The proposed development would result in 39% of Lot 1 being available for landscaping and 43% of Lot 2. Proposed Lot 1 and Lot 2 do not comply with the 45% prescriptive measure of the Landscaping element. However, as discussed above, the proposed development would not alter the approved built form of the multi-unit housing development and does not alter the landscaping currently provided on the site. Accordingly, non-compliance with the landscaping provision is considered acceptable in this instance.

2.5.5 Drainage

The application complies with the prescriptive measures of the Residential Subdivision DCP in relation to drainage. Conditions of consent require a separate stormwater drainage system to be provided for each dwelling to be designed and constructed for an average recurrence interval of 20 years and be gravity drained and connected directly to Council’s street drainage system in accordance with Council’s Civil Works Design Specification and the relevant Australian Standards.

2.5.6 Accessway Design

The existing development provides a single garage and a single carport parking space for each dwelling. The property is proposed to be subdivided down the centre of the existing double carport, providing one carport parking space per dwelling. According to Council’s Low Density Multi-Unit Housing DCP, extra large dwellings with more than 150m²of floor space are required to provide 2 spaces. Accordingly, the proposed development complies with the car parking provision.

Access to Lot 1 and Lot 2 would be via the existing concrete driveway. A reciprocal right of access would provide access to proposed Lot 2 over proposed Lot 1. The application complies in respect to the vehicle access and parking requirements of the Residential Subdivision DCP.

2.6 Section 94 Contributions

The payment of a contribution towards local infrastructure was not applied as a condition of consent for the approval of a second dwelling under SREP 12. The proposed Torrens title subdivision would not intensify the existing approved development on the site and would not increase the demand for local services. In this regard, it is considered unwarranted that Section 94 contributions apply to the current proposal.

3. ENVIRONMENTAL IMPACTS

3.1 Natural Environment

The proposed subdivision does not involve any works or removal of any vegetation.

3.2 Built Environment

The proposed subdivision would accommodate two approved and existing attached dwellings.

3.3 Social Impacts

The proposal would not result in a social impact.

3.4 Economic Impacts

The proposal would not result in an economic impact.

4. SITE SUITABILITY

Section 79C(1)(c) of the Act requires Council to consider “the suitability of the site for the development”. The site is approved for the two attached dwellings subject of the proposed subdivision.

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 February 2013 and 28 February 2013 in accordance with Council’s Notification and Exhibition Development Control Plan. The map below illustrates the location of those nearby landowners who were directly notified of the development application. During this period, Council did not receive any submissions.

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”.

CONCLUSION

The application proposes Torrens title subdivision of one allotment containing two attached dwellings into two allotments. The subdivision is consistent with the pattern of subdivision in the locality and character of the surrounding area.

The application does not comply with the Hornsby Shire Council Local Environmental Plan 1994 in respect to Clause 14 ‘Density’ and Clause 15 ‘Floor Space Ratio’. The applicant submitted a State Environmental Planning Policy No. 1 objection to the minimum lot size and floor space ratio development standards. The objection is considered well founded with regard to the existing attached development and the principles established by the Land and Environment Court.

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

Having regard to the circumstances of the case and consideration of the SEPP 1 objection, the application is recommended for approval.

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.

James Farrington

Group Manager

Planning Division

Rod Pickles

Manager - Development Assessment

Planning Division

Attachments:

1.View	Locality Map
2.View	Subdivision Plan

File Reference: DA/28/2013

Document Number: D02137795

SCHEDULE 1

GENERAL CONDITIONS

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

1. Approved Plans and Supporting Documentation

*Plan No.*	*Drawn by*	*Dated*
Plan of Proposed Subdivision – S.15057	P. S. Graham and Associates	20 December 2012

REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

2. Stormwater Drainage – Dwellings

1.1 The stormwater drainage system for the development must be designed and constructed for an average recurrence interval of 20 years and be gravity drained in accordance with the following requirements:

a) Designed and certified by a chartered professional engineer in accordance with Hornsby Council’s Civil Works Design Specification and Australian Standard AS 3500.3 – Plumbing and Drainage.

b) Connected directly to Council’s street drainage system.

Note: A construction certificate shall be obtained prior to the commencement of these works and are to be completed prior to the issue of a subdivision certificate.

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

3. Erosion and Sediment Control

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

REQUIREMENTS PRIOR TO THE ISSUE OF A SUBDIVISION CERTIFICATE

4. Sydney Water – s73 Certificate

A s73 Certificate must be obtained from Sydney Water.

5. 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.

6. Creation of Easements

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

a) A right of access and easement for services.

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

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

- 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.

Subdivision Certificate Requirements

A subdivision certificate application is required to be lodged with Council containing the following information:

· A surveyor’s certificate certifying that all structures within the subject land comply with the development consent in regard to the setbacks from the new boundaries.

· A surveyor’s certificate certifying that all services, drainage lines or access are located wholly within the property boundaries. Where services encroach over the new boundaries, easements are to be created.

· Certification that the requirements of relevant utility authorities have been met.

· A surveyor’s certificate certifying finished ground levels are in accordance with the approved plans.

Note: Council will not issue a subdivision certificate until all conditions of the development consent have been completed.

Fees and Charges – Subdivision

All fees payable to Council as part of any construction, compliance or subdivision certificate or inspection associated with the development (including the registration of privately issued certificates) are required to be paid in full prior to the issue of the subdivision certificate. Any additional Council inspections beyond the scope of any compliance certificate required to verify compliance with the terms of this consent will be charged at the individual inspection rate nominated in Council's Fees and Charges Schedule.

Group Manager’s Report No. PL30/13

Planning Division

Date of Meeting: 17/04/2013

12 DEVELOPMENT APPLICATION - SECONDARY DWELLING - 10 ST HELENS AVENUE, MOUNT KURING- GAI

EXECUTIVE SUMMARY

DA No:	DA/1384/2012 (Lodged 31 December 2012)
Description:	Erection of a secondary dwelling
Property:	Lot 69 DP 6586, 10 St Helens Avenue, Mount Kuring-gai
Applicant:	Mrs Alicia Taylor
Owner:	Mr Peter Smith and Mrs Alicia Taylor
Estimated Value:	$80,000
Ward:	A

· The application is for the erection of a secondary dwelling (granny flat) at the rear of the property.

· The proposed development requires the removal of an individually significant, locally indigenous, tree which is visible from neighbouring properties and street and contributes to the amenity of the streetscape.

· Alternative locations are available on the property to permit the secondary dwelling to be constructed that would enable retention of the tree and minimise impacts.

· A red sticker has been placed on the application requiring that the application be determined at a Council meeting.

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

· It is recommended that the application be refused.

RECOMMENDATION

BACKGROUND

On 18 July 2011, TA/722/2011 for the removal of a Swamp Mahogany (Eucalyptus robusta) in the rear of the property was lodged with Council. Council’s Tree Management Team assessed the tree as significant and in fair condition and recommended the tree be retained. Accordingly, on 1 August 2011, the tree application was refused.

On 16 August 2012, DA/846/2012 for the erection of a detached cabana in the rear of the property was lodged with Council. The proposed development required the removal of the 26 metre high Swamp Mahogany (Eucalyptus robusta), which was the subject of the refused tree application. Council’s tree assessment of the proposal noted that the tree is locally indigenous and individually significant. The tree is visible from neighbouring properties and street and contributes to the amenity value of the street. It was also noted that there is sufficient room on the property to permit the cabana to be constructed and for the tree to be retained. Subsequently, on 12 November 2012, the applicant withdrew the application.

SITE

The 923.2m²site is located on the western side of St Helens Avenue, Mount Kuring-gai. The site has a gentle fall from the front, north-eastern corner to the rear south-western corner.

The front portion of the site is bush fire prone. The proposed secondary dwelling would be located at the rear which is not bush fire prone land. The site is not located within a heritage conservation area or near any heritage-listed items and is not flood prone. It is also not burdened by any easements.

The site contains a two storey brick dwelling with a double garage at the rear and carport on the side of the dwelling. The site is surrounded by low-density residential development.

PROPOSAL

The application proposes the erection of a secondary dwelling at the rear of the property. The secondary dwelling consists of a combined kitchen/living/bedroom area and a bathroom with a deck at the front. One large Swamp Mahogany (Eucalyptus robusta) is proposed to be removed to accommodate the secondary dwelling.

ASSESSMENT

1. STRATEGIC CONTEXT

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

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

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

· Housing stock to increase by 11,000 dwellings.

The proposed development would be consistent with the Metropolitan Plan for Sydney 2036 by providing additional housing opportunities.

2. STATUTORY CONTROLS

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 does not satisfy objective (c) as it requires the removal of a locally indigenous, individually significant tree. Accordingly, the proposed development in its proposed location is not within the environmental capacity of the site.

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

2.2 Draft Comprehensive Hornsby Local Environmental Plan

Under the DHLEP, the subject land would be zoned R2 (Low Density Residential). The land-use is defined as ‘secondary dwellings’ and would be permissible in the zone.

2.3 State Environmental Planning Policy (Affordable Rental Housing) 2009

The application has been assessed against the requirements of SEPP (Affordable Rental Housing) 2009. This Policy provides State-wide planning controls for secondary dwellings that provide for affordable rental accommodation. The following table sets out the proposal’s compliance with the prescriptive standards of the Plan for development applications:

SEPP (Affordable Rental Housing) 2009 – Secondary Dwellings
Control	Proposal	Requirement	Compliance
Total Floor Space Ratio	0.3:1	0.4:1 (per HSLEP)	Yes
Area of granny flat	60sqm	60sqm	Yes
Site Area	923.2sqm	450sqm	Yes
Parking	Not provided	No additional parking required	Yes

Whilst the proposal was not lodged as complying development, an assessment against the complying development standards for secondary dwellings has been undertaken as a guideline for the assessment of the proposal and to identify areas requiring detailed consideration.

SEPP (Affordable Rental Housing) 2009 – Secondary Dwellings Complying Development Standards
Control	Proposal	Requirement	Compliance
Lot width	15.24m	15m	Yes
Site Coverage	29%	50%	Yes
Area of granny flat	60sqm	60sqm	Yes
Total floor area	280.7sqm	430sqm	Yes
Building Height	4.7m	8.5m	Yes
Setback from side boundaries	2m and 4.24m	1.5m	Yes
Setback from rear boundary	3m	5m	No
Landscaped Area	36%	35% (min dimension 2.5m)	Yes
Principal Private Open Space for granny flat	105sqm	24sqm 4m wide	Yes

The assessment undertaken above indicates that the secondary dwelling cannot be complying development as the proposal does not comply with the rear setback criteria of the SEPP. This non-compliance and an evaluation against the other requirements of the SEPP, are discussed below:

2.3.1 Setbacks

The SEPP states that development for the purposes of a secondary dwelling must not result in a building having a setback from a rear boundary of less than 5 metres. The proposed secondary dwelling has a setback of 3 metres from the rear boundary which does not comply with the SEPP.

The reduced rear setback places the proposed secondary dwelling in a location that would result in adverse privacy impacts on the adjoining properties No. 18 St Helens Avenue and No. 6/17 Brisbane Avenue. This matter is discussed in detail in section 2.3.3.

2.3.2 Landscaping

The proposed development involves the removal of a 26 high metre Swamp Mahogany (Eucalyptus robusta) at the rear of the property. Council’s tree assessment concludes that the tree is locally indigenous and individually significant. The tree is visible from neighbouring properties and street and contributes to the amenity value of the streetscape. Given the size of the property and the location of the existing dwelling at the street frontage, opportunity is available to site the secondary dwelling to facilitate retention of the tree.

2.3.3 Privacy

The location of the proposed secondary dwelling at the rear of the property would result in adverse privacy impacts on the adjoining properties at No. 18 St Helens Avenue and No. 6/17 Brisbane Avenue. Given the topography, the subject property is located on higher ground than the adjacent properties and subsequently overlooks the backyards

The south and west elevations of the proposed secondary dwelling contain large windows of approximately 2m² each. The windows are located in the main living area of the secondary dwelling and are orientated towards the side and rear boundaries. It is acknowledged that privacy impacts could be mitigated by requiring a minimum sill height of 1.5 metres for windows along the southern and western elevations of the secondary dwelling.

Given its location, the proposed development does not ensure reasonable privacy in the private open space of adjacent properties to the south and west for existing and future residents. Accordingly, the proposed development compromises the privacy and enjoyment of the adjacent property and is considered unacceptable in this regard.

2.3.4 Design

The design of the secondary dwelling is low scale and generally meets the requirements of the SEPP in terms of height, bulk and scale. However, the proposed development would require the removal of an individually significant locally indigenous tree which contributes to the amenity of the street and is visible from neighbouring properties and street. Therefore, the proposal is not sympathetic to natural features of the land.

Alternative locations are available on the property to permit the secondary dwelling to be constructed that would enable retention of the tree and minimise impacts. For example, converting the existing double garage into a secondary dwelling would allow the tree to be retained and with a greater rear setback, reduce overlooking of adjacent properties.

3. ENVIRONMENTAL IMPACTS

3.1 Natural Environment

As discussed in section 2.3.2, the proposed development involves the removal of an individually significant tree that is visible from neighbouring properties and street and contributes to the amenity value of the streetscape. Accordingly, the proposed development would have a negative impact on the natural environment of the locality.

3.2 Built Environment

The proposed secondary dwelling would be located in the rear of the property and being single storey, would not be visible from the street. Notwithstanding the removal of the tree, the proposed development would not alter the streetscape or have a negative impact on the built environment of the locality.

3.3 Social Impacts

The State Environmental Planning Policy (Affordable Rental Housing) 2009 was introduced to increase the supply and diversity of affordable rental and social housing in NSW. The Policy facilitates the delivery of affordable rental housing, including secondary dwellings. Secondary dwellings provide housing for very low income households, low income households and moderate income households. Accordingly, the proposed development would have a positive social impact on the locality by providing additional housing choice in the locality.

3.4 Economic Impacts

The proposal would not result in an economic impact.

4. SITE SUITABILITY

Section 79C(1)(c) of the Act requires Council to consider “the suitability of the site for the development”. The location of the proposed secondary dwelling on the site is not suitable as it requires the removal of a significant tree and results in adverse privacy impacts. As discussed in section 2.3.4, alternative locations are available on the property to permit the secondary dwelling to be constructed that would enable retention of the tree and minimise impacts.

5. PUBLIC PARTICIPATION

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

5.1 Community Consultation

The proposed development was placed on public exhibition and was notified to adjoining and nearby landowners between 24 January 2013 and 14 February 2013 in accordance with Council’s Notification and Exhibition Development Control Plan. During this period, Council received one submission. The map below illustrates the location of those landowners who were directly notified of the development application and who made a submission.

NOTIFICATION PLAN

• PROPERTIES NOTIFIED

X SUBMISSIONS

RECEIVED

PROPERTY SUBJECT OF DEVELOPMENT

The submission objects to the proposed erection of a secondary dwelling generally on the following grounds:

· The proposed development requires the removal of a significant tree which is a habitat for local wildlife.

· Two Illawarra Flame (Brachychiton acerifolius) trees may be damaged by any building work.

· Height, size and position of the proposed secondary dwelling.

· The proposed development would overlook the backyard of No. 18 St Helens Avenue and have adverse privacy impacts.

· Stormwater discharge would overflow into No. 18 St Helens Avenue and the proposed development would be built over existing sewerage pipes prohibiting future access.

· A fence of solid construction would be required to be erected on unstable land to block the development.

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

5.1.1 Damage to Illawarra Flame (Brachychiton Acerifolius) Trees

Illawarra Flame (Brachychiton acerifolius) trees are not indigenous to Hornsby Shire and are exempt under Council’s Tree Preservation Order.

5.1.2 Stormwater Drainage and Sewerage Pipes

Council’s engineering assessment of the proposal raises no objections subject to the stormwater drainage system for the development being designed and constructed for the average recurrence interval of 20 years and be gravity drained and connected directly to Council’s street drainage system.

5.1.3 Erection of a Fence

No fencing is proposed as part of the development and any proposal to replace the existing side boundary fence would be considered under the Dividing Fences Act 1991.

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 proposed development would not be visible from the street and would not have a negative impact on the built environment. Provision of affordable housing would also have a positive social impact on the locality. However, the application would have a negative impact on the natural environment with the removal of a significant tree. Given the tree is visible from neighbouring properties and street and contributes to the amenity value of the streetscape, refusal of the proposed development would be in the public interest.

CONCLUSION

The application proposes the erection of a secondary dwelling (granny flat) in the rear of the property. The proposed development would result in the removal of a significant locally indigenous tree and adverse privacy impacts on adjoining properties. Alternative locations are available on the property to permit the secondary dwelling to be constructed that would enable retention of the tree.

The proposed development does not meet Council’s planning controls and is not satisfactory having regard to the matters for consideration pursuant to Section 79C of the Environmental Planning and Assessment Act, 1979.

Having regard to the circumstances of the case, refusal 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.

James Farrington

Group Manager

Planning Division

Date Lodged	Councillor/Designated Person (Position)	Reason for Lodgement
19 Feb 2013	Community Development Officer	New designated person
22 Feb 2013	Traffic Ranger	New designated person
6 Mar 2013	Manager, Strategic Planning	New appointment

1.View	HSC Investment Portfolio as at 28 February 2013
2.View	HSC Borrowings Schedule as at 28 February 2013

1.View	Community Fire Education Strategy 2012 to 2014
2.View	2013/14 Community Fire Education Works Program