Agenda of General Meeting - 18 September 2013

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 of the non-confidential parts of the meeting 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.”

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 21 August 2013 be confirmed; a copy having been distributed to all Councillors.

Petitions

presentations

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 CS39/13 Election of Deputy Mayor

RECOMMENDATION

THAT:

1. Council determine if it wishes to elect a Deputy Mayor.

2. If a Deputy Mayor is to be elected, Council:

a) Determine the period for which the Deputy Mayor is to be elected;

b) Determine if the election of the Deputy Mayor is to be by preferential ballot, ordinary ballot or open voting; and

c) Request the Returning Officer to conduct the election, using the election method determined in b) above.

3. If a Deputy Mayoral election is held, the ballot papers (if any) be destroyed following the declaration of the election.

Page Number 5

Item 2 CS46/13 Councillor Representation on Committees, Working Parties and Other Relevant Groups - September 2013 to September 2014

RECOMMENDATION

THAT Council review the list of Committees, Working Parties and other relevant groups included in the attachment to Deputy General Manager’s Report No. CS46/13 and determine Councillor representation as appropriate for the period September 2013 to September 2014.

Page Number 8

Item 3 CS34/13 Councillors' Expenses and Facilities - 2013 Annual Review

RECOMMENDATION

THAT:

1. The amended Councillors’ Expenses and Facilities Policy, as attached to Deputy General Manager’s Report No. CS34/13, be adopted for the purpose of public exhibition.

2. If submissions are received during the public exhibition period, a further report be prepared for Council’s consideration which addresses those submissions.

3. Should no submissions be received by the end of the public exhibition period, the draft Policy attached to Deputy General Manager’s Report No. CS34/13 be adopted as final and a copy be forwarded to the Division of Local Government.

Page Number 11

Item 4 CS40/13 Schedule of Council Meetings and Order of Business to Apply at Those Meetings - September 2013 to September 2014

RECOMMENDATION

THAT:

1. Council endorse the schedule of ordinary Council meeting dates and the order of business to apply at those meetings as set out in the attachments to Deputy General Manager’s Report No. CS40/13, noting that scheduling Council’s General Meetings on the second Wednesday of the month from February 2014 will require an amendment to Section 2(1) of Council’s Code of Meeting Practice.

2. The amendment to Section 2(1) of Council’s Code of Meeting Practice, as shown in track changes in the attachment to Deputy General Manager’s Report No. CS40/13, be adopted for the purpose of public exhibition in line with the requirements of the Local Government Act.

3. Should no submissions be received during the public exhibition period:

a) the amended Code of Meeting Practice be adopted and become effective following the December 2013 General Meeting

b) the schedule of ordinary Council meeting dates and the order of business to apply at those meetings be adopted

4. Should submissions be received during the public exhibition period, a further report detailing those submissions be prepared for Council’s consideration.

Page Number 15

Item 5 CS42/13 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.

Page Number 18

Item 6 CS38/13 Delivery Program Including the Operational Plan and Budget 2012/13 - June 2013 Quarter Review

RECOMMENDATION

THAT the June 2013 Quarter Review of the Delivery Program, including the 2012/13 Operational Plan and Budget, be received and noted.

Page Number 22

Item 7 CS43/13 Investments and Borrowings for 2013/14 - Status for Period Ending 31 July 2013

RECOMMENDATION

THAT the contents of Deputy General Manager’s Report No. CS43/13 be received and noted.

Page Number 25

Item 8 CS44/13 General Purpose and Special Purpose Financial Reports - 2012/13 Financial Year

RECOMMENDATION

THAT:

1. The 2012/13 General Purpose and Special Purpose Financial Reports be received and noted and referred for audit.

2. The Mayor and Deputy Mayor be authorised to sign the Statutory Statements in connection with the 2012/13 Financial Reports.

3. The 2012/13 Financial Reports be authorised for “presentation to the public” on receipt of the Auditor’s Report.

4. The General Manager be delegated authority to fix the date of the General Meeting at which the 2012/13 Financial Reports and Auditor’s Report will be formally “presented to the public”.

Environment and Human Services Division

Page Number 28

Item 9 EH15/13 Northern Regional Men's Shed

RECOMMENDATION

THAT:

1. Council provide in-principle support to make the portion of the Wellum Bulla Materials Handling Site at 836x Pacific Highway, Mount Kuring-gai shown in Attachment 1 to Group Managers Report No. EH15/13, available to the Hornsby-Berowra Men’s Shed.

2. Council encourage other Men’s Shed groups based north of Hornsby to co-locate with the Hornsby-Berowra Men’s Shed group at the subject site.

3. Subject to the Hornsby-Berowra Men’s Shed and associated groups demonstrating that they have sufficient funds to commence substantial construction and operation of a new regional Men’s Shed facility, Council relinquish its licence over the subject portion of the site and indicate its support to Crown Lands for the creation of a licence for the Men’s Shed group.

Planning Division

Page Number 33

Item 10 PL65/13 Development Application - Dwelling-House - 38 Millstream Grove, Dural

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/555/2013 for the erection of a dwelling-house at Lot 9, DP 270704, No. 38 Millstream Grove, Dural, subject to the conditions of consent detailed in Schedule 1 of Group Manager’s Report No. PL65/13.

Page Number 48

Item 11 PL78/13 Development Application - Subdivision of One Allotment into Two Lots - 119 Hull Road, West Pennant Hills

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/162/2013 for subdivision of one allotment into two lots and demolition of a carport, shed and an above ground swimming pool at Lot 3 DP 25698, No. 119 Hull Road West Pennant Hills, subject to the conditions of consent detailed in Schedule 1 of Group Manager’s Report No. PL78/13.

Page Number 71

Item 12 PL82/13 Development Application - Five Storey Residential Flat Building Comprising 45 Units - 217-221 Carlingford Road, Carlingford

RECOMMENDATION

THAT Development Application No. DA/392/2013 for demolition of existing structures, construction of a five storey residential flat building comprising 45 units, basement car park and strata subdivision at Lot 1 DP 508643, Lot Z DP 411593, and Lot Y DP411593, Nos. 217–221 Carlingford Road, Carlingford be approved subject to the conditions of consent detailed in Schedule 1 of Group Manager’s Report No. PL82/13.

Page Number 109

Item 13 PL85/13 Development Application - Dwelling-House - 17 Dent Street, Epping

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/772/2013 for the erection of a two storey dwelling-house at Lot 1 DP 1076888, No. 17 Dent Street, Epping subject to the conditions of consent detailed in Schedule 1 of Group Manager’s Report No. PL85/13.

Page Number 125

Item 14 PL86/13 Development Application - Subdivision of Two Allotments into Fourteen Lots - 33 and 35 Rupert Street, Mount Colah

RECOMMENDATION

THAT Development Application No. 225/2013 for subdivision of two allotments into fourteen Torrens title lots at Lot 8 DP 23741, Lot 7 DP 23741, Nos 33 and 35 Rupert Street, Mount Colah be approved subject to the conditions of consent detailed in Schedule 1 of Group Manager’s Report No. PL86/13.

Page Number 153

Item 15 PL87/13 Plumbing and Drainage Act Delegations

RECOMMENDATION

THAT Council decline the delegation to undertake sewer and drainage inspections and NSW Fair Trading be advised of the decision.

Page Number 159

Item 16 PL34/13 Heritage Committee Options Review

RECOMMENDATION

THAT:

1. Council retain the Heritage Advisory Committee with amendments to the Constitution and Procedures Manual to facilitate virtual meetings and focus on strategic planning matters.

2. Council adopt the revised Constitution and Procedures Manual for the Committee attached to Group Manager’s Report No. PL34/13.

3. The technical and community positions on the Heritage Advisory Committee be advertised in accordance with Section 6 – Appointment of Members in the Procedures Manual.

4. A further report be presented to Council upon the completion of the advertising process.

Infrastructure and Recreation Division

Page Number 170

Item 17 IR23/13 Tender T18/2013: Supply and Delivery of Precast Concrete Drainage Products

RECOMMENDATION

THAT Council accept the tender of Holcim (Australia) Pty Ltd. trading as Humes for all works under Tender No. T18/2013: Supply and Delivery of Precast Concrete Drainage Products.

Page Number 173

Item 18 IR24/13 Tender T17/2013: Cherrybrook Skatepark Upgrading

RECOMMENDATION

THAT:

1. The tender submission received from Precision Skate Parks Pty. Ltd. for Tender T17/2013 Cherrybrook Skatepark Upgrading not be accepted.

2. Council decline to invite fresh tenders or seek fresh applications from tenderers or persons expressing interest in the contract, for the following reasons:

a) Council has tested the market for the project and further tendering or fresh applications are unlikely to produce a better result.

b) Timing constraints to not unduly delay this project.

3. Council agree that a negotiation with Precision Skate Parks Pty. Ltd. is likely to provide a better outcome for Council in financial and project delivery terms.

4. The General Manager be given delegated authority to enter into negotiations with Precision Skate Parks Pty. Ltd. with a view to entering into a contract for the revised scope of works.

5. In the event that these negotiations are not successful then it is recommended that negotiations are entered into with Convic Design Pty. Ltd. of Richmond, Victoria; Oasis Skate Parks Pty. Ltd. of Ballina, New South Wales; and Skateparks Design & Construction Pty. Ltd. of Karrabin, Queensland and that a further report be provided to Council reporting on the results of these negotiations.

Confidential Items

Item 19 IR27/13 Proposal to Grant an Easement on Community Land - Janet Avenue Park, Thornleigh

This report should be dealt with in confidential session, under Section 10A (2) (c) of the Local Government Act, 1993. This report contains information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business.

Item 20 PL95/13 Finalisation of Legal Action Concerning Hornsby Quarry

This report should be dealt with in confidential session, under Section 10A (2) (g) of the Local Government Act, 1993. This report contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

PUBLIC FORUM – NON AGENDA ITEMS

Questions of Which Notice Has Been Given

Mayor's Notes

Page Number 177

Item 21 MN9/13 Mayor's Notes 1 to 31 August 2013

Mayoral Minutes

Notices of Motion

SUPPLEMENTARY AGENDA

MATTERS OF URGENCY

QUESTIONS WITHOUT NOTICE

Group Manager’s Report No. PL65/13

Planning Division

Date of Meeting: 18/09/2013

10 DEVELOPMENT APPLICATION - DWELLING-HOUSE - 38 MILLSTREAM GROVE, DURAL

EXECUTIVE SUMMARY

DA No:	DA/555/2013 (Lodged 3 June 2013)
Description:	Erection of a two storey dwelling-house on a vacant allotment
Property:	Lot 9, DP 270704, No. 38 Millstream Grove, Dural
Applicant:	Rawson Homes Pty Ltd
Owners:	Mr and Mrs Sago
Estimated Value:	$506,677
Ward:	A

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

· The proposal does not comply with the Hornsby Shire Local Environmental Plan 1994 with regard to Clause 15 (Floor Space Ratio). The applicant has made a submission pursuant to State Environmental Planning Policy No. 1 (Development Standards) to vary the development 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 13 October 2008, the NSW Land and Environment Court granted consent to DA/1639/2006 for a community title subdivision of 2 lots into 12 residential lots, a community lot and a residual lot at Nos. 216 to 220 New Line Road, Dural. Millstream Grove was created as part of the approved subdivision.

The subject application was lodged on 3 June 2013, for the erection of a dwelling-house on one of the allotments created as part of the subdivision.

On 30 June 2013, the applicant submitted amended plans, relocating the dwelling-house to minimise impacts on a tree growing on the adjacent property, No. 36 Millstream Grove and incorporating articulation within the northern façade to comply with the design requirements of the Dwelling House DCP. These plans are the subject of this report.

SITE

The vacant, rectangular, 622.5m² site is located on the western side of Millstream Grove, Dural and experiences a 10% fall towards the front, south-east corner.

The site is located within a bushfire prone area and supports the growth of remnant trees within a mapped area of Blackbutt Gully Forest.

The site is burdened by an easement for drainage which runs along the rear, north-western boundary.

The site is not flood prone or located within a heritage conservation area, nor is it in the vicinity of a heritage listed item.

PROPOSAL

The application proposes the erection of a two storey dwelling-house and associated works. The ground floor level comprises a double garage, lounge room, powder room, family and dining area, kitchen with walk-in-pantry, laundry, rumpus/theatre room and an outdoor alfresco area.

The first floor level comprises 5 bedrooms, a walk-in-robe, unsuited, bathroom, powder room, leisure room and a deck.

The application also proposes the construction of a driveway, vehicular crossing and retaining walls, the installation of an air-conditioning unit and a 3,500 litre above ground rainwater tank.

ASSESSMENT

The development application has been assessed having regard to the ‘Metropolitan Plan for Sydney 2031’, 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 and (Draft) North Subregional Strategy

The (Draft) Metropolitan Strategy for Sydney 2031 is a broad framework to provide for Sydney’s growth to help plan for housing, employment, transport, infrastructure, the environment and open space. It outlines a vision for Sydney to 2031; the challenges faced, and the directions to follow to address these challenges and achieve the vision.

The North Subregion comprises Hornsby, Kuring-gai, Manly, Warringah and Pittwater Local Government Areas. The Draft North Subregional Strategy acts as a framework for Council in its preparation of the Comprehensive LEP by the end of 2013.

Within the North Subregion, the Draft Metropolitan Strategy proposes:

· Population growth of 81,000 from the current 2011 baseline of 529,000;

· Housing growth of 37,000 from the current 2011 baseline of 204,000; and

· Employment growth of 39,000 from the current 2011 baseline of 186,000.

The proposed development would be consistent with the Metropolitan Plan for Sydney 2031 as it would contribute to the achievement of the dwelling target for the Shire.

2. STATUTORY CONTROLS

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

2.1 Hornsby Shire Local Environmental Plan 1994

The subject land is zoned Residential A (Low Density) under the Hornsby Shire Local Environmental Plan 1994 (HSLEP). The objectives of the Residential A 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.

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

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

2.2 Draft Hornsby Shire 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. In accordance with Council’s resolution, the draft Plan has been submitted to the Department for finalisation. The relevant provisions of the DHLEP that apply to the site are outlined below.

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 8.5 metre height of the proposal complies with this provision.

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

The site is located within the catchment of the Hawkesbury Nepean River. Part 2 of this Plan contains general planning considerations and strategies requiring Council to consider the impacts of development on water quality, aquaculture, recreation and tourism.

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

Clause 15 of the Hornsby Shire Local Environmental Plan 1994 prescribes that the maximum floor space ratio (FSR) of development in the Residential A (Low Density) zone is 0.4:1. The gross floor area of the development is 309.3m² resulting in an FSR of 0.50:1, which does not comply with the development standard.

To address the variation to the 0.4:1 development standard, the applicant has made submission in support of a variation to the standard in accordance with the provisions of 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;

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;

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

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

1. “The proposed dwelling provides a suitable height, setbacks and site coverage ensuring that it does not have any unreasonable impact by way of visual bulk. The dwelling has varied roof lines and an articulated design proving to be of benefit to the streetscape;

2. The first floor of the dwelling predominantly comprises bedrooms and bathrooms which are considered to be low trafficable areas. The upper leisure area is orientated to the front of the site ensuring that there is minimal potential to overlook the adjoining properties;

3. As the dwelling is of a typical size for a contemporary residence and there is no perceived impact on the streetscape character of the area or the amenity of adjoining properties, the proposed dwelling is considered to be able to meet the objectives of the floor space ratio control. The extent of the numerical non-compliance would not be visually apparent once constructed. It is recommended that the application be supported, despite the required variation as it would compliment and blend with the character of the area and is in keeping with the objectives of the zone.”

The matters listed above have been taken into consideration in assessing the merits of the 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 zone. 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, the provisions of the NSW Housing Code have been considered, which provide 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 proposed 309.3m²area of the dwelling-house 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.

The SEPP1 objection is well founded and is considered acceptable.

2.5 Clause 74BA Environmental Planning and Assessment Act, 1979 - Purpose and Status of Development Control Plans

On 1 March 2013, the Environmental Planning and Assessment Act, 1979 was amended so that a DCP provision will have no effect if it has the practical effect of “preventing or unreasonably restricting development” that is otherwise permitted and complies with the development standards set out in relevant Local Environmental Plans and State Environmental Planning Policies.

The principal purpose of a development control plan is to provide guidance on the aims of any environmental planning instrument that applies to the development; facilitating development that is permissible under any such instrument; and achieving the objectives of land zones under any such instrument. The provisions of a development control plan made for that purpose are not statutory requirements.

2.6 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
Floor space ratio	0.50:1	0.4:1	No
Site cover	34%	40%	Yes
Setbacks Front (south-east) Rear (north-west) Side (south-west) Side (north-east)	6m 13.7m 1.5m 950mm	6m 3m 1m 1m	Yes Yes Yes No
Height	8.5m	< 9m	Yes
Unbroken Wall length	9.6m	10m	Yes
Building length	20m	24m	Yes
Cut and fill	1m	1m	Yes
Private Open Space	120m²	120m²	Yes
Landscaped area	45%	45%	Yes
Car Parking	2 spaces	2 spaces	Yes
Garage size	6.1m x 5.5m	5.7 x 5.4m	Yes

As detailed in the above table, the proposal does not comply with the 0.4:1 prescriptive measure of the Scale element within the Dwelling House DCP or the side setback from the north-east boundary. These issues of non-compliance are addressed below, together with a brief discussion on compliance with relevant performance requirements.

2.6.1 Scale

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

2.6.2 Setbacks

The proposed 950mm north-eastern, side boundary setback does not comply with the prescriptive measures of the Setbacks element which states that side boundary setbacks should be 1 metre.

The proposed side boundary setback is only a minor variation to the prescriptive measure and would not create any adverse solar access, privacy or amenity impacts.

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

2.6.3 Acoustics

The application proposes the siting of an air-conditioning unit adjacent to the south-western elevation of the dwelling-house. To protect the amenity of the adjoining property No. 40 Millstream Grove, a condition is recommended regulating the noise emissions and hours of operation.

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

2.6.4 Solar Access

The living areas for the proposed dwelling are orientated to the north to maximise daylight access to the primary living areas.

The submitted shadow diagrams indicate that future dwelling-houses on adjacent allotments and private open space areas would be capable of receiving a minimum 3 hours of solar access during Winter Solstice. The application is assessed as satisfactory in this regard.

2.6.5 Privacy

The application proposes the erection of a “leisure” room that would provide access to a “deck” at first floor level. This proposal does not comply with the prescriptive measures of the Privacy element which states that “living and entertaining areas should be located on the ground floor level”.

In this instance, there are no windows within the south-western elevation of the leisure room that would enable direct overlooking of the adjacent property at No. 40 Millstream Grove and the deck is orientated towards the street.

The remaining first floor level windows would serve bedrooms and bathrooms only, in accordance with the prescriptive measures of the Privacy element.

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

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 subject site is identified as being bushfire prone land. Council’s assessment has determined that BAL 29 bushfire construction techniques are applicable to the proposed development. Appropriate conditions are recommended in Schedule 1 of this report.

Approval of the proposed development would create negligible environmental impacts.

3.2 Built Environment

The proposal would not be out of character with the evolving built form of residential development that has been established in the developed portion of Millstream Grove 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 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”.

5.1 Community Consultation

The proposed development was placed on public exhibition and was notified to adjoining and nearby landowners between 4 June 2013 and 18 June 2013 in accordance with Council’s Notification and Exhibition Development Control Plan. During this period, Council received no submissions. The map below illustrates the location of those nearby landowners who were notified.

NOTIFICATION PLAN

• PROPERTIES NOTIFIED

X SUBMISSIONS

RECEIVED

PROPERTY SUBJECT OF DEVELOPMENT

6. THE PUBLIC INTEREST

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

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

The application is considered to have addressed Council’s criteria under the Dwelling House DCP and therefore, the development would be in the public interest.

CONCLUSION

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

The application does not comply with the Hornsby Shire Council Local Environmental Plan 1994 with regard to Clause 15 (Floor Space Ratio). The applicant has 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 in Millstream Grove and the principles established by the NSW Land and Environment Court.

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

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

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

James Farrington

Group Manager

Planning Division

Rod Pickles

Manager - Development Assessment

Planning Division

Attachments:

1.View	Locality Map
2.View	Floor Plans
3.View	Elevations and Sections
4.View	Erosion Control Plan
5.View	Stormwater Plan
6.View	Site Plan
7.View	Site Analysis Plan
8.View	Shadow Diagram

File Reference: DA/555/2013

Document Number: D02210207

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*
J002290 – Drawings 01 to 13 : Issue D	Rawson Homes	29.07.13

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 relevant requirements of the Building Code of Australia.

3. 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.

4. 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; and

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 and;

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.

5. Sydney Water – Quick Check

This application must be submitted to a Sydney Water ‘Quick Check Agent’ or ‘Customer Centre’ for approval to determine whether the development would 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.

6. Design and Construction - Bushfire Attack Category

New construction must comply with the current Australian Standard AS3959 ‘Construction of buildings in bush fire-prone areas’ in accordance with the Bushfire Attack Level (BAL 29) and section A3.7 Addendum Appendix 3 of Planning for Bushfire Protection 2006, together with conditions based on Planning for Bush Fire Protection 2006.

Note: Timbers treated with an applied intumescent paint are no longer recognised by the Rural Fire Service as a fire retardant treated timber or a performance option to increase fire resistance.

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

7. Erection of Construction Sign

A sign must be erected in a prominent position on any site on which building 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 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.

8. 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.

9. Tree Protection

a) Tree protection fencing must be erected adjacent to the south-western side boundary with Lot 10, to protect the tree growing on the adjacent premises which is to be retained.

b) The tree fencing must be constructed of 1.8 metre ‘cyclone chainmesh fence’ or star pickets spaced at 2 metre intervals, connected by a continuous high-visibility barrier/hazard mesh at a height of 1 metre.

c) To protect the tree growing on the adjacent premises which is to be retained, no consent is granted to the proposed “retaining wall by owner if required after handover”.

10. Erosion and Sediment Control

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

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

11. Bushfire Management – Protection Zones

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

REQUIREMENTS DURING CONSTRUCTION

12. Construction Work Hours

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

13. Council Property

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

14. Disturbance of Existing Site

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

15. 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; and

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:

16. Fulfilment of BASIX Commitments

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

17. Stormwater Drainage

The stormwater drainage system for the development must be designed and constructed for an average recurrence interval of 20 years and be gravity and connected directly to Council’s street drainage system.

18. Internal Driveway/Vehicular Areas

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

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

b) The driveway grade must not exceed 25 percent and changes in grade must not exceed 8 percent;

19. 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 integral kerb and gutter.

b) The footway area must be restored by turfing;

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

Note: An application for a vehicular crossing can only be made to one of Council’s Authorised Vehicular Crossing Contractors. You are advised to contact Council on 02 9847 6940 to obtain a list of contractors.

20. 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.

21. Retaining Walls

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

22. Installation of Air Conditioner

To protect the amenity of the future development on the adjacent property, No. 40 Millstream Grove, the condenser unit for the air conditioner must be sited a minimum of 3 metres from the property boundary of any adjoining residential premises unless a certificate has been prepared by a suitably qualified person confirming that the unit has been tested for heating and cooling on the highest settings and that the noise levels generated do not exceed 5 dB(A) above background noise levels when tested at the property boundary between 8 pm and 10 pm.

- END OF CONDITIONS -

ADVISORY NOTES

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

Environmental Planning and Assessment Act, 1979 Requirements

The Environmental Planning and Assessment Act, 1979 requires:

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

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

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

· mandatory inspections of nominated stages of the construction inspected; and

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

Long Service Levy

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

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

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

Tree Preservation Order

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

Note: A tree is defined as a single or multi-trunked wood perennial plant having a height of not less than three (3) metres, and which develops many branches, usually 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 prior to disturbing this material. It is recommended that a contractor holding an asbestos-handling permit (issued by WorkCover NSW) be engaged to manage the proper handling of this 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. PL78/13

Planning Division

Date of Meeting: 18/09/2013

11 DEVELOPMENT APPLICATION - SUBDIVISION OF ONE ALLOTMENT INTO TWO LOTS - 119 HULL ROAD, WEST PENNANT HILLS

EXECUTIVE SUMMARY

DA No:	DA/162/2013 (Lodged 25 February 2013)
Description:	Subdivision of one allotment into two lots and demolition of a carport, shed and an above ground swimming pool
Property:	Lot 3 DP 25698, No. 119 Hull Road West Pennant Hills
Applicant:	Warren Eldridge & Associates
Owner:	Mr Rajnesh Prasad and Mrs Sandhya Subhashni Devi
Estimated Value:	$18,000
Ward:	C

· The application proposes the subdivision of one allotment into two lots and the demolition of a carport, shed and an above ground swimming pool.

· The existing dwelling on proposed Lot 301 would exceed the maximum 0.4:1 floor space ratio development standard of the Hornsby Shire Local Environmental Plan 1994. The applicant has made a submission pursuant to State Environmental Planning Policy No. 1 – Development Standards to vary the standard. The submission is considered well founded and is supported.

· The proposal generally complies with the Hornsby Shire Local Environmental Plan 1994 and Council’s Residential Subdivision Development Control Plan.

· One submission has 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/162/2013 for subdivision of one allotment into two lots and demolition of a carport, shed and an above ground swimming pool at Lot 3 DP 25698, No. 119 Hull Road West Pennant Hills, subject to the conditions of consent detailed in Schedule 1 of Group Manager’s Report No. PL78/13.

BACKGROUND

On 14 May 2013, the applicant submitted a flood study and a stormwater drainage plan to address the constraints of the site as a flood control lot.

On 16 July 2013, the applicant submitted amended plans addressing non compliances with the prescriptive measures of the Vehicle Access and Parking and Flora and Fauna Protection elements of the Residential Subdivision DCP.

On 31 July 2013, the applicant submitted a SEPP 1 objection addressing the non compliance with the requirements of Clause 15 (Floor Space Ratio) of the Hornsby Shire Local Environmental Plan 1994.

SITE

The 1100m² site is located on the western side of Hull Road and contains a two storey dwelling-house. The site experiences a downward slope towards the western rear boundary that has an average grade of 5%. The site is burdened by a 4.75 metre wide drainage easement that traverses the rear western portion of the site.

Surrounding properties include single dwelling-houses on large suburban lots. The site is in the vicinity of a heritage listed item, namely “House” at No. 75 Victoria Road, West Pennant Hills, as listed in Schedule D of the HSLEP 1994.

The site is not bushfire prone or located within a heritage conservation area.

PROPOSAL

The application proposes the demolition of a carport, shed and an above ground swimming pool and the Torrens Title subdivision of one allotment into two lots.

Proposed Lot 301 would front Hull Road and have an area of 602.9m². The lot would experience a fall towards the rear western boundary with an average gradient of 9%. A 4.0 metre wide right of carriageway is proposed along the western boundary for access to proposed Lot 302. The allotment contains an existing two storey dwelling house, carport and a shed. The carport and shed would be demolished to construct the right of carriageway.

Proposed Lot 302 would be a rectangular allotment located at the rear of the site having an area of 500.8m². The lot would experience a fall towards the south western corner with an average gradient of 10%. An above ground swimming pool located in the allotment is proposed to be dismantled. An indicative building footprint of 200m²has been demonstrated for proposed Lot 302. Vehicular access to this lot would be via the proposed 4.0 metre wide access handle adjacent to the site’s southern side boundary.

ASSESSMENT

1. STRATEGIC CONTEXT

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

Within the North Subregion, the Draft Metropolitan Strategy proposes:

· Population growth of 81,000 from the current 2011 baseline of 529,000

· Housing growth of 37,000 from the current 2011 baseline of 204,000

· Employment growth of 39,000 from the current 2011 baseline of 186,000

The proposed development would be consistent with the Metropolitan Plan for Sydney 2031, by providing an additional housing allotment.

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 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.

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

The proposed development is defined as ‘subdivision’ and ‘demolition’ under the HSLEP and is permissible in the zone with Council’s consent.

Clause 14 of the HSLEP prescribes a minimum lot area of 500m²for subdivision in the Residential A zone. The proposed subdivision complies with this requirement.

Clause 15 of the HSLEP prescribes that the maximum floor space ratio (FSR) of development within the Residential A Zone is 0.4:1. The FSR of the existing dwelling-house on proposed Lot 301 would be 0.52:1 in non-compliance with the development standard. The applicant has made a submission to vary the development standard pursuant to State Environmental Planning Policy No. 1 – Development Standards. Refer to discussion in Section 2.3.

2.2 Draft Hornsby Shire 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.

2.2.1 Zoning

Under the DHLEP, the subject land would be zoned R2 - Low Density Residential. “Subdivision” would be a permissible development in the zone under the DHLEP.

2.2.2 Minimum Lot Size

Clause 4.1 of the DHLEP provides that the size of any lot resulting from a subdivision of land must not be less than the minimum size show on the Lot Size Map. In accordance with the Lot Size Map, the minimum allotment size is 500m². Proposed Lot 301 (478.2m²) would not comply with this requirement when the Right of Carriageway is excluded.

In this regard, the savings provision under Clause 1.8A is to be considered:

1.8A Savings provision relating to development applications (local)

If a development application has been made before the commencement of the Plan in relation to land to which this Plan applies and the application has not been finally determined before that commencement, the application must be determined as if this Plan has been exhibited by not commenced.

The provisions of the DHLEP are a matter for consideration under Section 79C(1)(a)(ii) of the Environmental Planning and Assessment Act 1979. In accordance with Clause 1.8A of DHLEP, the proposed allotment size and layout comply with the requirements of HSLEP, 1994 and are acceptable in this regard.

Refusal of the application in respect to the provisions of the DHLEP is considered unwarranted in the circumstances of this application.

2.3 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 be unreasonable or unnecessary or tend to hinder the attainment of the objectives of the Environmental Planning and Assessment Act 1979.

The Land and Environment Court has expressed the view that there are five different ways in which an objection may be considered 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;

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.

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

“Albeit the proposed retained dwelling-house’s non-compliance with the 0.4:1 FSR standard, the proposed development satisfactorily meets the general amenity requirements of the Dwelling House Development Control Plan.

It is to be considered that strict compliance with the development standard is unreasonable and unnecessary as the proposed development meets the objective of the development standard despite the non compliance with the numerical value. The scale of the proposed development provides for the housing needs in today’s market whilst still providing adequate landscaping, open space and car parking.

The proposed subdivision development is consistent with the stated zoning objectives under Clause 7 of Part 2 – Zoning Controls of the HSLEP 1994, in that the proposed retained existing dwelling house is compatible in design, bulk and scale with adjoining and nearby residential properties in the locality and the proposed subdivision will provide for a compatible land use.

While the proposed subdivision does not comply with the maximum floor space ratio development standard contained in Clause 15 of the Hornsby Shire Local Environmental Plan 1994, it satisfies the stated and essential objectives of the development standard and the broader planning and zoning objectives for the locality.

The objective of the development standard is to be a measure to ensure the dwelling does not have an unreasonable impact on the adjoining properties and streetscape with regards to overshadowing, privacy and visual bulk.

Compliance with the development standard is as a result unnecessary and unreasonable in the circumstances of the case, and granting of the development application on this ground is warranted.”

The matters listed above have been taken into consideration in assessing the merits of the SEPP 1 objection. Clause 15 of the HSLEP (Floor Space Ratio) states that the objective of the provision is:

“To control the intensity and scale of development of land so that the development will be in accordance with the land’s environmental capacity and zone objectives”.

The dwelling-house on the site is an existing structure. There are no changes proposed to the bulk and scale of the building. In this regard, the intensity and scale of the development remains unchanged, albeit the size of the allotment is reduced in area from 1103.7 m² to 602.9m².

The proposal complies with the 500m² minimum allotment size development standard contained within Clause 14 (Density) and meets the prescriptive measures of the Solar Access, Privacy, Allotment Layout, Allotment Design, and Setback elements. These issues are addressed further in Section 2.8 of this report. In this regard, the proposal would provide acceptable amenity for occupants of the existing dwelling-house, the newly created allotment and existing surrounding properties.

The existing dwelling-house is similar in bulk and scale with other dwellings in the streetscape and West Pennant Hills locality. Proposed Lot 301 could accommodate a dwelling of 330m²under the provisions of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 – NSW Housing Code. The table in Section 2.4 of this report demonstrates that the existing dwelling is of a similar size to a dwelling that would otherwise be permitted on the allotment under the SEPP. Notwithstanding that the first storey component of the existing dwelling-house encroaches upon the 8 metre required setback under the SEPP by 1 metre, the provisions of the SEPP demonstrate that a dwelling-house of a similar bulk and scale could be erected under the Complying Development provisions of the Policy.

In conclusion, strict compliance with the floor space ratio for proposed Lot 301 would not achieve any benefit in respect to the character of the area as the allotment is occupied by an existing dwelling consistent with the scale of emerging dwelling-houses in the area and streetscape. The development therefore meets the objectives of the FSR development standard and the zone objectives.

The submitted SEPP 1 objection is considered well founded in respect to the above Principle No. 1 as the objectives of the FSR standard are achieved.

2.4 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 – NSW Housing Code

The application has been assessed against the requirements of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 – NSW Housing Code. The policy provides exempt and complying development codes that have State-wide application, identifying, in the General Exempt Development Code, types of development that are of minimal environmental impact that may be carried out without the need for development consent; and, in the General Housing Code, types of complying development that may be carried out in accordance with a complying development certificate as defined in the Environmental Planning and Assessment Act 1979.

Proposed Lot 301 includes a two storey dwelling house with its most recent alterations and additions approved by Council (DA/845/2004). The following table sets out the proposal’s compliance with the requirements of the NSW Housing Code.

NSW Housing Code
Control	Proposal	Requirement	Compliance
Frontage (Excl access)	13m	12m	Yes
Site Coverage Lots 450m² – 600m²	45.7% ( incl. ROC)	50%	Yes
Maximum Floor Area	296.61m²	330m²	Yes
Front Setback	6m	4.5m	Yes
Side Setback	1.5m	0.9m + 1/4 height above 4.5m 0.9m for the ground floor component, 1.2m for the first storey component	Yes
Side Setback	3.5m	0.9m + 1/4 height above 4.5m 0.9m for the ground floor component, 0.96m for the first storey component	Yes
Rear Setback	7m for the raised enclosed deck	3m setback for up to 4.5m height, and 8m for 4.5m height and above	No
Landscaping	43%	20%	Yes

As addressed above, the development specifics of the existing dwelling on Lot 301 comply with the requirements of the NSW Housing Code except for the rear setback requirement for the raised deck above the 4.5 metre height limit.

2.5 Sydney Regional Environmental Plan No. 20 – Hawkesbury – Nepean River

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.

2.6 Section 94 Contribution

The proposed development would result in the creation of one additional allotment. Accordingly, a Section 94 Contribution is proposed to be levied prior to the issue of the Subdivision Certificate. A condition of Consent has been included in Schedule 1 of this report.

2.7 Clause 74BA Environmental Planning and Assessment Act, 1979 - Purpose and Status of Development Control Plans

2.8 Residential Subdivision Development Control Plan

The proposed development has been assessed having regard to the relevant performance and prescriptive requirements within Council’s Residential Subdivision Development Control Plan (Residential 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	Requirement	Compliance
Allotment Size Lot 301 Lot 302	602.9m² (including a 124.7m² access handle) 500.8m²	500m² 500m²	Yes Yes
Existing Dwelling (Lot 301)
Site Cover	0.52:1	0.4:1	No
FSR	45.7%	40%	No
Private open space	168m²	120m²	Yes
Private Open Space – Minimum Dimension	7m	5m	Yes
Setbacks Front (Hull Road) Side (Northern) Side (Southern) Rear (Western)	6m 1m 3.5m 6m	6m 1m 1m 3m	Yes Yes Yes Yes
Landscaping	47%	45%	Yes
Car Parking	2 Spaces	2 spaces	Yes

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

2.8.1 Allotment Layout and Design

The proposed subdivision would result in a lot orientation of N10⁰E which would allow adequate solar access for the private open space of the existing and future dwelling-house without compromising the solar access of existing neighbouring developments.

There would be an acceptable level of amenity provided in respect to privacy of a future dwelling-house on proposed Lot 302 and private open space for the future and existing dwelling-house.

Proposed Lot 302 would accommodate a 200m²indicative building envelope that would be compliant with the prescriptive measures of the Setback and Private Open Space elements. The proposed lot would facilitate development that is consistent with the capacity of the site and the low density residential zone. In this regard, the proposal meets the objectives of the Allotment Layout element and is considered acceptable.

2.8.2 Private Open Space

The proposed 167m² private open space of Lot 301 complies with the prescriptive measure of the Private Open Space element which requires a minimum 120m²private open space for an extra large dwelling exceeding 150m² in area.

The principal private open space of Lot 301 would consist of two components including a 100m²area at the north western corner of the allotment and a 67m²landscaped area adjacent to the right of carriageway. The two areas in conjunction would be a readily accessible private open space.

The proposal meets the prescriptive measures of the Private Open Space element and is considered acceptable.

2.8.3 Site Cover

The 45.7% site coverage of the existing dwelling house on Lot 301 does not comply with the prescriptive measure of the Density element which requires it to be a maximum of 40%.

As addressed in the sections 2.3 and 2.4 of this report, the existing dwelling on Lot 301 complies with the requirements of the NSW Housing Code with the exception of the rear setback encroachment of the first storey component of the raised enclosed deck. Notwithstanding such setback encroachment, a dwelling-house of similar bulk and scale could be erected on the proposed allotment under the Complying Development provisions of SEPP (Except and Complying Development Codes) 2008.

As a consequence, strict compliance with this prescriptive measure would be unreasonable and unnecessary in the circumstances.

2.8.4 Flora and Fauna Protection

The application proposes to remove 7 indigenous and non-native trees to accommodate the indicative building envelope on Lot 302. Council's tree assessment raises no objections subject to the submission of revised landscaping plans indicating 8 indigenous replacement trees elsewhere on the site. The applicant has submitted a landscape plan indicating the 8 replacement trees.

2.8.5 Car Parking

The provision of the 4.0 metre wide right-of-carriageway would result in the removal of car parking for the existing dwellings houses which requires 2 car parking spaces.

To address this issue, the applicant submitted amended plans with two car parking spaces indicated on both the front and rear yards of Lot 301. However, the proposed car parking space on the front yard of Lot 301 does not meet the prescriptive measures of the Vehicle Access and Parking element of Dwelling House DCP which requires all car parking spaces to be provided behind the building line. A condition requiring the plans to be amended to show both car parking spaces to be provided at the backyard of Lot 301 is recommended.

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

2.8.6 Retaining Wall

A submission objects to the proposal on the grounds of the potential dilapidation of the retaining wall on the common boundary between the subject site and the adjoining property at No. 117 Hull Road. Construction of the right of carriageway along the southern side boundary of the site and the operation of vehicles entering and exiting from Lot 302 may place adverse impacts on the structural stability of the retaining wall.

To address this issue, a condition of consent is recommended requiring the portion of the right of carriageway adjacent to the retaining wall to be designed by a qualified Civil Engineer to ensure no load bearing on the existing retaining wall.

2.8.7 Flood Control Lot

The site is identified to be a flood control lot on Council’s Draft Flood Map 2010 and the proposed development would be affected by a 1 in 100 year ARI overland flow path.

To address this issue, the applicant submitted a flood study prepared by a qualified Civil Engineer.

Council’s hydraulic engineering assessment has determined that 100 year ARI overland flow generally follows the natural depression in the rear yard of the subject site and is not affected by the proposed new development on Lot 302.

No objections were raised on flooding grounds subject to conditions.

2.8.8 Acoustics

A submission raises concerns regarding the noise generated by vehicular movements along the right of carriageway along the southern side boundary and the future absence of the shed which acts as an acoustic barrier between the subject site and the adjoining property at No. 117 Hull Road.

The submission suggests the construction of a boundary fence between the subject site and the adjoining property to act as an acoustic barrier in replacement of the shed which is proposed to be demolished.

Although the noise generated by the vehicular movement on the right of carriageway is considered negligible, the construction of a boundary fence would enhance the amenity of the adjoining property at No. 117 Hull Road. Accordingly, a condition of consent is recommended requiring the provision of a 1.8 metre high solid boundary fencing.

2.8.9 Heritage

The site is in vicinity of a heritage listed item, namely “House” at No. 75 Victoria Road, West Pennant Hills, as listed in Schedule D of the HSLEP 1994.

The proposed subdivision would result in the creation of Lot 302 with an indicative building envelope which would not be visible from the street. Accordingly, the proposed subdivision would have no impact on the heritage listed item.

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

3. ENVIRONMENTAL IMPACTS

3.1 Natural Environment

The site comprises indigenous and non-indigenous specimens. There are 7 trees identified as affected by the future development for a dwelling-house. The removal of these trees would have negligible impacts on the natural environmental as they do not form part of any Ecologically Endangered Community or critical habitat for native fauna. A condition is recommended requiring the replacement planting of 8 locally indigenous trees on the site.

3.2 Built Environment

The proposed subdivision is consistent with the pattern of infill development occurring within the surrounding low density residential area.

3.3 Social Impacts

The proposal would not result in a social impact.

3.4 Economic Impacts

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

4. SITE SUITABILITY

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

4.1 Flooding

Part of the land the subject of the development is identified as being below the 1:100 year flood level. Although the proposed indicative building envelope is determined to be outside of the overland flow path which follows the natural depression within the site, certain measures needed to be undertaken to prevent the flood damage on the future development on Lot 302.

To address this issue, a condition requiring the creation of a Restriction on the Use of Land, Positive Covenant and a restriction over the pipeline and the overland flow path are recommended in Schedule 1 of this report.

4.2 Bushfire Risk

The land is not identified as being subject to bushfire risk.

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 date and date 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 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 objected to the development, generally on the grounds that the development would result in:

· Potential dilapidation to the retaining wall located on the common boundary between the subject site and the adjoining property at No. 117 Hull Road, due to the construction and operation of the proposed right of carriageway; and

· Unacceptable noise levels vehicular movements along the proposed right of carriageway.

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

5.2 Public Agencies

The development application was not referred to any Public Agencies for comment.

6. THE PUBLIC INTEREST

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

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

CONCLUSION

The application proposes demolition of a shed, carport and an above ground swimming pool and subdivision of one allotment into two lots.

The existing dwelling on proposed Lot A does not comply with the 0.4:1 floor space ratio development standard of the HSLEP 1994. Consequently, the application has been supported by a submission under State Environmental Planning Policy No. 1 seeking approval of a variation to this development standard.

The proposal generally complies with the requirements of Council’s Residential Subdivision DCP other than the maximum floor space ratio which is acceptable with regard to the well founded SEPP 1 submission.

The development complies with the 500m²development standard under Clause 14 of HSLEP 1994, meets the Residential A zone objectives and is consistent with the objectives of the Metropolitan Plan for Sydney 2036.

One submission has been received in respect of the application.

It is recommended that the application be approved.

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

Rod Pickles

Manager - Development Assessment

Planning Division

James Farrington

Group Manager

Planning Division

Attachments:

1.View	Locality Map
2.View	Landscape Plan
3.View	Subdivision Plan

File Reference: DA/162/2013

Document Number: D02301537

SCHEDULE 1

CONDITIONS OF APPROVAL

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

Plan No.	Plan Title	Drawn by	Dated
651-9	Landscape and Car Parking Plan	Warren Eldridge and Associates	22.06.2013
3355-00-A	Proposed Residence on Lot 302	Plan Concepts Pty Ltd	December 2012
651-9	Concept Drainage Plan	Warren Eldridge and Associates	26.04.2013
651-9	Plan of Subdivision & Sediment Control Plan	Warren Eldridge and Associates	9.11.2012

Document Title	Prepared by	Dated
Waste Management Plan	Warren Eldridge and Associates	11.02.2013

2. Removal of Existing Trees

This development consent only permits the removal of trees numbered 1, 2, 3, 4, 10, 11 and 18 as identified on the Tree Identification Plan prepared by Allison Eldridge dated February 2013. The removal of any other trees requires separate approval under Council’s Tree Preservation Order.

3. Amendment of Plans

The approved plans are to be amended as follows:

a) To comply with the prescriptive measures of the Vehicle Access and Parking element, the proposed car parking space on the front yard of Lot 301 must be deleted and replaced with a car parking space within the rear yard of Lot 301 (as amended in red on the plan).

Such confirmation/details are to be specifically referred to in the plans that are submitted with the application for the construction certificate.

REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

4. Water/Electricity Utility Services

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

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

5. Stormwater Drainage

The stormwater drainage system for the development must be designed and constructed in accordance with Council’s Civil Works – Design and Construction Specification 2005 and the following requirements:

a) Connected to an existing Council drainage system.

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

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

6. Internal Driveway/Vehicular Areas

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

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

b) The driveway must be a rigid pavement;

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

d) The driveway pavement must be a minimum 3 metres wide, 0.15 metres thick reinforced concrete with F72 steel reinforcing fabric and a 0.15 metre sub-base;

e) The section of the driveway adjacent the existing retaining wall along the common boundary of Lot 42 DP 875590 – No. 117 Hull Road, shall be designed by a structural engineer to ensure that no load is placed on the existing retaining wall. Details shall be submitted to the principal certifying authority and certified by a structural engineer.

f) The existing driveway must be removed unless a chartered structural engineer certifies that it is capable of remaining stable under an 8 tonne traffic loading;

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

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

i) Safety rails must be provided where there is a level difference more than 0.3 metres and a 1:4 batter can not be achieved;

j) Landscaping strips must be planted 0.5 metres wide along both sides of the length of the driveway and;

k) In accordance with the approved plans marked in red, a minimum of 2 car spaces shall be provided for proposed Lot 301. The car spaces shall be located to ensure sufficient turning area is provided in accordance with Australian Standards AS 2890.1 for vehicles to enter and leave the site in a forward direction.

l) Any structure including eaves gutters encroaching over the access driveway shall be removed.

m) Conduit for utility services including electricity, water, gas and telephone must be provided. All existing overhead assets including electricity and telecommunications cabling shall be relocated underground at no cost to Council. A certificate from an appropriately licensed contractor shall be submitted to the principal certifying authority certifying that the service conduits have been installed in accordance with the relevant utility provider and Australian Standards.

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.

7. Vehicular Crossing

a) Any redundant crossings must be replaced with integral kerb and gutter;

b) The footway area must be restored by turfing;

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

8. Traffic Control Plan

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

a) Arrangements for public notification of the works.

b) Temporary construction signage.

c) Permanent post-construction signage.

d) Vehicle movement plans.

e) Traffic management plans.

f) Pedestrian and cyclist access/safety.

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

9. Tree Protection Barriers

Tree protection fencing must be erected around tree numbered 8 to be retained along the southern edge of the driveway inside the Tree Protection Zone (TPZ) of this tree. The tree fencing must be constructed of star pickets spaced at 2 metre intervals, connected by a continuous high-visibility barrier/hazard mesh at a height of 1 metre.

To avoid injury or damage, tree numbered 8 must have its trunk protected by 2 metre lengths of 75mm x 25mm hardwood timbers spaced at 80mm secured with galvanised wire (not fixed or nailed to the tree in any way.

10. Erection of Demolition 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

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

12. Erosion and Sediment Control

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

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

REQUIREMENTS DURING CONSTRUCTION

13. 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.

14. 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 must be disposed of to an authorised recycling and/or waste disposal site and in accordance with an approved waste management plan

15. Council Property

16. Works Near Trees

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

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

Excavation (for services and other works), change of soil level, parking, or placement of building materials within the TPZ of any trees to be retained onsite is strictly forbidden.

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

REQUIREMENTS PRIOR TO THE ISSUE OF A SUBDIVISION CERTIFICATE

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

17. Maintain Canopy Cover

To maintain canopy cover, the submitted Landscape Plan numbered 651-9 prepared by Warren Eldridge dated 22/6/2013 must be adhered to. The planting location shall not be within 4 metres of the foundation walls of a dwelling or in-ground pool. The pot size is to be a minimum 25 litres and the trees must be maintained until they reach the height of 3 metres.

18. Sydney Water – s73 Certificate

An s73 Certificate must be obtained from Sydney Water.

19. Boundary Fencing

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

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

20. Damage to Council Assets

Any damage caused to Council’s assets including the removal, damage, destruction, displacement or defacing of the existing survey marks 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.

21. Creation of Easements

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

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

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

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

d) A "Restriction on the Use of Land" for any lot adjacent to the floodway, requiring the finished floor level of any habitable room to be not less than 500mm and the garage 300mm above the 100 year average recurrence interval storm level. The levels must be related to Australian Height Datum.

e) The creation of a “Positive Covenant” over the proposed Lot 302 requiring that any future development is to provide an on-site detention system. The on-site detention system is to have a storage capacity of 5 cubic metres and a maximum discharge of 8 litres per second into Council’s drainage system in accordance with Council’s prescribed wording.

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

22. Easement for Letterboxes

An easement for letterboxes shall be created over Lot 301 benefiting Lot 302. The 88b instrument shall be worded to reflect the obligations and responsibilities of the benefiting and burdening parties.

23. Works as Executed Plan

A works-as-executed plan(s) must be prepared by a registered surveyor and submitted to Council for completed road pavement, kerb & gutter, public drainage systems, driveways and on-site detention system. The plan(s) must be accompanied by a certificate from a registered surveyor certifying that all pipelines and associated structures lie wholly within any relevant easements. The location of all necessary service conduits provided to facilitate the proposed subdivision shall be clearly indicated on the works as executed plan.

24. Section 94 Development Contributions

a) In accordance with Section 80A(1) of the Environmental Planning and Assessment Act 1979 and the Hornsby Shire Council Section 94 Development Contributions Plan 2012-2021, the following monetary contributions shall be paid to Council to cater for the increased demand for community infrastructure resulting from the development:

Description	Contribution (4)
Roads	$1,140.00
Car Parking	$0
Open Space and Recreation	$16,480.00
Community Facilities	$2,300.00
Plan Preparation and Administration	$80.00
TOTAL	$20,000.00

being for the subdivision of one lot into two, resulting in the creation of one additional lot.

b) If the contributions are not paid within the financial quarter that this consent is granted, the contributions payable will be adjusted in accordance with the provisions of the Hornsby Shire Council Section 94 Development Contributions Plan and the amount payable will be calculated at the time of payment in the following manner:

$C_{PY =}$C_DC x CPI_PY

CPI_DC

Where:

$C_PY is the amount of the contribution at the date of Payment

$C_DC is the amount of the contribution as set out in this Development Consent

CPI_PY is the latest release of the Consumer Price Index (Sydney – All Groups) at the date of Payment as published by the ABS.

CPI_DC is the Consumer Price Index (Sydney – All Groups) for the financial quarter at the date of this Development Consent.

c) The monetary contributions shall be paid to Council:

i) prior to the issue of the Subdivision Certificate where the development is for subdivision; or

ii) prior to the issue of the first Construction Certificate where the development is for building work; or

iii) prior to issue of the Subdivision Certificate or first Construction Certificate, whichever occurs first, where the development involves both subdivision and building work; or

iv) prior to the works commencing where the development does not require a Construction Certificate or Subdivision Certificate.

It is the professional responsibility of the Principal Certifying Authority to ensure that the monetary contributions have been paid to Council in accordance with the above timeframes.

Council’s Development Contributions Plan may be viewed at www.hornsby.nsw.gov.au or a copy may be inspected at Council’s Administration Centre during normal business hours.

- 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 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.

Tree Preservation Order

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

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

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

Subdivision Certificate Requirements

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

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

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

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

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

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

Fees and Charges – Subdivision

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

Dial Before You Dig

Telecommunications Act 1997 (Commonwealth)

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

House Numbering

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

Group Manager’s Report No. PL82/13

Planning Division

Date of Meeting: 18/09/2013

12 DEVELOPMENT APPLICATION - FIVE STOREY RESIDENTIAL FLAT BUILDING COMPRISING 45 UNITS - 217-221 CARLINGFORD ROAD, CARLINGFORD

EXECUTIVE SUMMARY

DA No:	DA/392/2013 (Lodged 19 April 2013)
Description:	Demolition of the existing structures and construction of a five storey residential flat building containing 45 units, with basement parking and strata subdivision
Property:	Lot 1 DP 508643, Lot Z DP 411593, and Lot Y DP411593, Nos. 217 – 221 Carlingford Road, Carlingford
Applicant:	Level Orange Pty Ltd
Owner:	Mr Nai Lou Zhou, Ms Jiannong Ma, Mr Hossein Sarram, Mrs Fabriba Mashahiri, Mr Zhe (Jonathan) Wu, Ms Jie Wen
Estimated Value:	$8.6 million
Ward:	C

· The application proposes demolition of the existing structures and construction of a five storey residential flat building comprising 45 units, basement parking and strata subdivision.

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

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

· It is recommended that the application be approved.

RECOMMENDATION

BACKGROUND

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

SITE

The site comprises Nos. 217, 219 and 221 Carlingford Road, Carlingford. The site has an area of 2614.21m² and is located on the southern side of Carlingford Road. The site is rectangular in shape, with a 44.51 metre frontage to Carlingford Road and a depth of 59.41 metres. The site has a cross fall towards Carlingford Road in a north-easterly direction with an average grade of 3%.

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

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

The surrounding development within the rezoned precinct includes single and two storey residential dwellings to the east and southeast of the site. The site is located within close proximity to Carlingford Court shopping centre located on the northern side of Carlingford Road.

PROPOSAL

The proposal is for the demolition of three existing dwelling-houses, construction of a five storey residential flat building comprising 45 dwellings, basement car parking and strata title subdivision.

The unit configuration includes 5 x 1 bedroom units, 7 x 2 bedroom units, 20 x 2 bedroom with study/media areas and 13 x 3 bedroom units. The units include balconies fronting the street, rear and side setbacks.

The development would be accessed from Carlingford Road via a driveway located adjacent to the eastern boundary of the site. A separate pedestrian entry is located on the Carlingford Road frontage of the site. A total of 45 car parking spaces and 9 visitor parking spaces are proposed in two basement levels.

ASSESSMENT

1. STRATEGIC CONTEXT

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

Within the North Subregion, the Draft Metropolitan Strategy proposes:

· Population growth of 81,000 from the current 2011 baseline of 529,000

· Housing growth of 37,000 from the current 2011 baseline of 204,000

· Employment growth of 39,000 from the current 2011 baseline of 186,000

The proposed development would be consistent with the Metropolitan Plan for Sydney 2031 by providing an additional 42 dwellings and contributing to housing choice in the locality.

2. STATUTORY CONTROLS

2.1 Hornsby Shire Local Environmental Plan 1994

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

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

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

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

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

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

Clause 15A of the HSLEP prescribes a maximum building height of 17.5m for development on the subject. The proposal complies with this requirement.

Clause 18 of the HSLEP sets out heritage conservation provisions for Hornsby Shire. The site is not identified as a heritage item and is not in the vicinity of an item or within a heritage conservation area. Therefore, no further assessment in this regard is necessary.

2.2 Draft Hornsby Shire Local Environmental Plan

2.2.1 Zoning

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

2.2.2 Height of Building Map

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

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

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

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

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

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

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

2.4.1 Principle 1 – Context

Design Principle 1 is as follows:

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

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

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

On completion of the precinct, the development would integrate with the surrounding sites and would be in keeping with the desired urban form. Accordingly, the development responds suitably to the ‘context’ principle of SEPP 65, considering the desired future character of the area.

2.4.2 Principle 2 – Scale

Design Principle 2 is as follows:

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

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

The proposed development complies with the maximum height limit permitted in the precinct and provides a building envelope which is in accordance with the setbacks required by Council’s Housing Strategy Development Control Plan. The scale of the development is consistent with the desired future character of the precinct. The application is assessed as satisfactory in this regard.

2.4.3 Principle 3 – Built Form

Design Principle 3 is as follows:

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

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

The proposed building is appropriately articulated to minimise the perceived scale and to add to the visual interest of the development. The proposed development presents a distinct architectural design which would set a desirable precedent for the locality. The details of the elements of the built form are assessed in Section 2.11 of this report.

2.4.4 Principle 4 – Density

Design Principle 4 is as follows:

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

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

The HSLEP does not incorporate any floor space ratio requirements for the subject site. The density of development on the site is guided by the height of the building and the required setbacks from the boundaries. The matter has been discussed in detail in Sections 2.1 and 2.11 of this report.

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

2.4.5 Principle 5 – Resource, Energy and Water Efficiency

Design Principle 5 is as follows:

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

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

The proposed development includes BASIX certificate No. 476350M and complies with the requirements with regard to water, thermal comfort and energy. The proposal also complies with the natural ventilation and solar access requirements within the Residential Flat Design Code (RFDC). The details of the above matters are discussed in Section 2.5 of this report.

2.4.6 Principle 6 – Landscape

Design Principle 6 is as follows:

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

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

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

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

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

2.4.7 Principle 7 – Amenity

Design Principle 7 is as follows:

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

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

The proposal would provide convenient and safe access to the development via a central lift connecting the basement and all other levels. The application has been assessed against the ‘Building Amenity’ criteria within the RFDC and is discussed in detail in Section 2.5 of this report.

2.4.8 Principle 8 – Safety and Security

Design Principle 8 is as follows:

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

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

The proposed development is located on a road that experiences a medium level of pedestrian movements. The design has regard to ‘Crime Prevention through Environmental Design (CPTED)’ principles and does not include any obvious unobserved areas.

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

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

· Casual surveillance is encouraged by providing appropriately lit paths and entrances and maintaining clear sightlines. Entry to the lobby and lift areas would be through a secure entry door for resident access only. Access to the upper floor would also be restricted to residents only.

· Access to the basement level would be via security controlled doors and an intercom system.

Subject to recommended conditions of consent, the proposal is supported in respect of safety and security.

2.4.9 Principle 9 – Social Dimensions and Housing Affordability

Design Principle 9 is as follows:

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

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

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

The site adjoins the Carlingford commercial centre and is opposite Carlingford Court shopping centre which allows direct access to retail, educational, health and recreational facilities. The proposed development includes a mix of dwelling types and adaptable housing to meet the needs of the community. The application is supported in respect to this Principle.

2.4.10 Principle 10 – Aesthetics

Design Principle 10 is as follows:

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

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

2.5 SEPP 65 – Residential Flat Design Code

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

Residential Flat Design Code
Control	Proposal	Requirement	Compliance
Deep Soil Zone	30%	25%	Yes
Communal Open Space	30%	25-30%	Yes
Minimum Dwelling Size	1 br – 62m² 2 br –83m² 3 br – 94m²	1 br – 50m² 2 br – 70m² 3 br – 95m²	Yes Yes No
Maximum Kitchen Distance	9.5m	8m	No
Minimum Balcony Depth	2m	2m	Yes
Cross Ventilation Dual Aspect	62% 45%	60% 60%	Yes No
Adaptable Housing	30%	10%	Yes
Ceiling heights – Residential floors	2.7m	2.7m (Min)	Yes

As detailed in the above table, the proposed development complies with the Residential Flat Design Code (RFDC) other than the maximum kitchen distance, unit size and dual aspect requirements. Below is a brief discussion regarding the relevant development controls and best practice guidelines:

2.5.1 Apartment Layout

The proposed development includes a mix of single aspect and corner units including one, two and three bedroom apartments. Of the 27 x 2 bedroom apartments, 20 include media/study areas. Some units would be provided with secondary balconies in addition to primary balconies and all ceiling heights would be a minimum of 2.7 metres. The proposed apartment layouts are functional, well appointed spaces.

The depth and width of the apartments ensure adequate natural light and ventilation. The majority of single aspect apartments also incorporate a void providing additional ventilation and natural light.

The RFDC requires that the back of a kitchen should be no greater than 8 metres from a window. Thirteen units contain kitchens where the back wall is more than 8 metres from a window. These units offer an open layout with natural ventilation, including large sliding doors leading to outdoor balcony areas. Accordingly, the minor non-compliance is acceptable with respect to residential amenity.

Four of the proposed units do not comply with the unit size requirement of 95m² for a three bedroom unit. These units are corner units and provide dual aspect, cross ventilation and large wrap-around balcony areas, accessible from both living areas and bedrooms. The non-compliance in this instance is considered minor and acceptable in relation to the Code. It is considered the proposed units meet the best practice requirements of the Code in terms of dwelling layout.

2.5.2 Ground Floor Apartments and Private Open Space

Unit Nos. 1, 5, and 10 located on the ground floor do not comply with the Code’s best practice for a 25m² courtyard space, with only one of the units meeting the minimum 4m dimension. However, the open space areas are considered appropriate for the respective ground floor units in respect to dwelling size, aspect, unit configuration and amenity.

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

2.5.3 Internal Circulation

The proposal includes a breezeway corridor running through the centre of the building and forms part of the articulation to provide separate pavilions. This corridor is enclosed with slatted louvers at either end on the first floor through to the fourth floor to provide natural ventilation through the space. This is further enhanced through the presence of a number voids throughout the building adjoining the internal corridor to provide natural light and ventilation.

The proposal includes barrier free access to all floors via a lift. The proposal provides a garbage chute on each level, internal planting areas along corridors and demonstrates a high level of amenity for common lobby areas. The proposal meets the requirements of the RFDC in terms of internal circulation.

2.5.4 Acoustic Privacy

The site is affected by road traffic noise at the Carlingford Road frontage of the site. The applicant has submitted an acoustic consultant’s report which includes recommendations for noise mitigation measures for the building to comply with Council’s Code of Practice for Sound Insulation of Residential Buildings. The units within the proposed building are configured for separation and acoustic privacy in accordance with the Code’s best practice guidelines. The proposed apartment layout provides separation between apartments and the unit floor plans separate noisier kitchen and bathroom areas from sleeping areas, achieving design for acoustic privacy.

Subject to recommended conditions for noise mitigation, the proposed development meets the Code’s best practice requirements for acoustic privacy.

2.5.5 Safety and Visual Amenity

The proposed development is designed to enable casual surveillance of public access to the development and communal open space areas without compromising resident privacy.

Appropriate conditions for building and unit security and graffiti management, are recommended for the safety and security of residents of the proposed development.

2.5.6 Storage

The proposed units include built-in robes and linen cupboard storage. The basement includes overhead and walk in storage areas. To ensure appropriate storage areas are allocated for each unit, a condition is recommended for compliance with the Code’s best practice storage area requirements for storage areas to be sized according to one, two and three bedroom units.

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

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

The application has been assessed against the requirements of State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004. The proposal includes BASIX Certificate No. 476350M for the proposed units and is considered to be satisfactory.

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

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

2.8 State Environmental Planning Policy (Infrastructure) 2007

The application has been assessed against the requirements of State Environmental Planning Policy (Infrastructure) 2007. This Policy contains State-wide planning controls for developments adjoining busy roads.

Clause 101 of the Policy applies to the proposed development as the site has frontage to a classified road (Carlingford Road). The Clause prescribes that the consent authority, before granting consent to an application, must be satisfied that safety, efficiency and ongoing operation of the classified road would not be adversely affected by the development. The NSW Roads and Maritime Services (RMS) considered the proposal and raised no objection subject to conditions for vehicular access, truck safety and driveway construction requirements. Council’s traffic and engineering assessment of the proposal has determined that the proposed vehicular access arrangements are acceptable. This matter is further addressed in Sections 2.11.10 and 3.2 of this report.

2.9 Sydney Regional Environmental Plan (Sydney Harbour Catchment 2005)

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

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

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

2.10 Clause 74BA Environmental Planning and Assessment Act, 1979 - Purpose and Status of Development Control Plans

2.11 Housing Strategy Development Control Plan

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

Housing Strategy Development Control Plan
Control	Proposal	Requirement	Compliance
Site Width	44.51m	30m	Yes
Height	5 storeys – 17.5m	5 storeys – 17.5m	Yes
Lowest Residential Floor Above Ground	1m	Max - 1m	Yes
Maximum Floorplate Dimension	35m East – West 34.5m North – South	35m 35m	Yes Yes
Building Indentation	4m x 4m	4m x 4m	Yes
Front Setback	14m Balcony encroachment of 7m	10m Balcony encroachment permitted within 7m of front boundary	Yes Yes
East Side Setback	6m 4m(for <1/3 of length)	6m 4m (1/3 of the building length)	Yes Yes
West Side Setback	6m 4m(for 1/3 of building length)	6m 4m (1/3 of the building length)	Yes Yes
Rear Setback	10.4m (Balcony encroachment of 7m)	10m Balcony encroachment permitted within 7m of rear boundary	Yes Yes
Top Storey Setback From Ground Floor	3m	3m	Yes
Balcony Setback	Front – 7m Rear – 7m E Side – 4m W Side – 4m	7m front 7m rear 4m side 4m side	Yes Yes Yes Yes
Underground Parking Setback	Front 7m Rear 7m East 2-4m West 4m	7m front 7m rear 4m side 4m side	Yes Yes No Yes
Basement Ramp Setback	2m	2m	Yes
Parking	45 resident car spaces 9 visitor car spaces 16 bicycle spaces	45 resident car spaces 9 visitor car spaces 5 bicycle spaces	Yes Yes Yes
Landscaping	Front – 7m Rear – 7m Eastern side – 4m Western side – 4m	7m front 7m rear 4m side 4m side	Yes Yes Yes Yes
Private Open Space Min Width 2.5m	1 bed - 10m² 2 bed - 16m² 3 bed - 31m²	1 bed- 10m² 2 bed - 12m² 3 bed - 16m²	Yes Yes Yes
Communal Open Space	30%	25%	Yes
Sunlight Access	73%	70%	Yes
Housing Choice	1 bed - 11% 2 bed - 60% 3 bed - 28%	1 bed – 10% 2 bed – 10% 3 bed - 10%	Yes Yes Yes
Adaptable Units	14 units - 31%	30%	Yes

As detailed in the above table, the proposed development generally complies with the prescriptive requirements within Council’s Housing Strategy DCP other than a minor non-compliance with the side setback for the underground car parking. The matter of non-compliance is detailed below, as well as a brief discussion regarding the desired outcomes and the prescriptive measures.

2.11.1 Site Requirements

The Housing Strategy DCP requires sites to have a minimum frontage of 30 metres. The subject site has a frontage of 44.51 metres and complies with this requirement. The site does not result in isolation of adjoining blocks and would not restrict orderly and economic development of any land in the precinct.

2.11.2 Height

The height of the proposed building is in accordance with the Housing Strategy DCP maximum 17.5m building height. The proposed basement car park would not project above finished ground level. Accordingly, the proposed development is satisfactory in respect to five storey built form.

2.11.3 Setbacks

The proposal includes a minor encroachment of the basement level within the eastern setback for a distance of 8m continuing on from the driveway ramp encroachment to 2m. Given the site depth of 59.41m, the provision of sufficient landscaping and the provision of 30% deep soil planting (the requirement is 25%), the non-compliance is considered acceptable in this regard. The proposed building setbacks comply with the requirements of the Housing Strategy DCP.

2.11.4 Floor Plates and Separations

The proposed building floorplate includes 4m x 4m indentations on the north-south and east-west elevations and complies with the maximum 35m floorplate dimension. The proposed building achieves the appearance of two building pavilions in accordance with the prescriptive measures.

2.11.5 Articulation

The proposal does not strictly comply with the required two steps in the façade between the ground floor and penthouse façade across 50% of every façade.

The applicant submits that the use of balconies, terraces, fin walls and the strategic placement of columns and screens create significant articulation of the facades of the building. Wrap around balconies have also been incorporated to break up the built form. The built form on either side of the 4m x 4m indent creates the impression of two distinct pavilions. Furthermore, development applications have been approved on the adjoining properties to the east at Nos. 213–215 Carlingford Road and to the west at Nos. 223–225 Carlingford Road. Accordingly, the proposal would be abounded by similar residential flat buildings. In accordance with the Housing Strategy DCP, the building articulation is assessed as acceptable in this regard.

2.11.6 Privacy

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

The living areas of the residential units have been positioned to face the front and the rear wherever possible. The balconies of unit Nos. L1.07, L2.07 and L3.07 on the eastern elevation are to be provided with a moveable privacy screen to provide for the amenity of the occupants. The common open space to the rear would be slightly elevated to the western boundary due to the topography of the site. Suitable landscaping has been included to provide screening of the ground floor courtyards facing the rear. The proposal has been assessed as satisfactory in this regard and would not compromise the privacy of the future occupants.

2.11.7 Landscaping

The submitted landscaping plan includes planting of ground covers, shrubs and trees. The rear and part of the side setbacks would be utilised as communal open space. The proposed landscaping is considered satisfactory subject to conditions of consent requiring further planting of canopy trees.

The majority of existing trees on the site are exempt under Council’s Tree Preservation Order. The arborist report accompanying the application recommends retention of a Eucalyptus microcoryos and a condition of consent would ensure that the proposal complies with the recommendations of the report.

2.11.8 Solar Access

Solar Access to Units

The applicant has submitted detailed hourly solar access diagrams for elevations demonstrating compliance of individual units with solar access requirements. The applicant submits that 73% of the units (33 out of 45) would receive a minimum 2 hours solar access between 9am and 3 pm during Winter Solstice. Council’s assessment concludes that the units would comply with the above requirements and the proposal is acceptable in this regard.

Overshadowing

The submitted solar access diagrams indicate that the proposal would not compromise the solar access to the units and communal open space for the approved development on the adjoining sites or the approved future developments on the eastern and western side of the site fronting Carlingford Road.

2.11.9 Housing Choice

The proposed building includes a mix of one, two and three bedroom dwellings together with provision for accessible housing for disabled persons and for adaptable housing for aging in place, in accordance with the prescriptive measures of the Housing Strategy DCP.

2.11.10 Vehicle Access and Parking

The proposed building includes a single level basement car park with driveway access off Carlingford Road. The driveway width, ramp gradients, aisle widths, location and number of car parking spaces have been assessed as satisfactory.

The development would allow a small rigid vehicle (SRV) access to the basement to facilitate garbage collection. The turning area at basement level would allow the SRV to reverse and egress the site in a forward direction. It is noted that during garbage collection, the SRV would block access to a number of spaces. However, given that this would be infrequent, the proposal is considered acceptable in this regard. The width of the driveway would allow two way vehicular movement to, and from, the site at all times, thus reducing queuing possibilities on Carlingford Road. This is in accordance with the requirements of the RMS.

One submission raises objections to the number of car parking spaces provided. The proposed development complies with the required car parking provision and bicycle provision for residents and visitors subject to recommended conditions.

2.12 Waste Management and Minimisation Development Control Plan (WMMDCP)

The applicant has submitted a Waste Management Plan which addresses reuse and recycling of materials from the demolition of the three existing dwellings on the site, in accordance with the WMMDCP.

The application proposes the use of 4 x 660 L garbage bins and 10 x 240 L recycling bins. A garbage chute and space for 2 recycling bins are proposed on each residential floor of the building.

The bin chute room includes sufficient space to accommodate the volume handling equipment (such as a compactor, linear or carousel) as well as the required number of garbage bins and aisle space to manoeuvre the bins.

The proposed accessway and basement ramp are designed to allow a small rigid garbage truck to enter and leave the site in a forward direction. The proposed truck parking bay for waste collection is satisfactory for the efficient operation of the waste management system and the operation of the basement car park access.

The proposed waste management system complies with the requirements of the WMMDCP subject to recommended conditions.

2.13 Access and Mobility DCP

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

The proposed development includes 14 adaptable housing units including:

Ground Floor Units Nos. G.03, G.07, G.08 and G.10

First Floor Units Nos. L1.03, L1.07, L1.08 and L1.10

Second Floor Units Nos. L2.03, L2.07 and L2.10

Third Floor Units Nos. L3.03, L3.07 and L3.10.

The applicant has submitted an Access Report which demonstrates that the units are capable of being adapted for people with a disability in accordance with AS4299-1995 Adaptable housing. A condition is recommended for five of the units to be wheelchair accessible units in accordance with AS1428.1 – Design for Access and Mobility.

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

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

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

2.14 Car Parking Development Control Plan

The proposed development has been assessed having regard to the relevant performance and prescriptive design requirements contained within Council’s Car Parking Development Control Plan. The matter has been discussed in detail under Section 2.11.5 of this report.

2.15 Sustainable Water Development Control Plan

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

2.16 Section 94 Contributions Plans

Hornsby Shire Council Section 94 Development Contributions Plan 2012-2021 applies to the development as it would result in the addition of 45 residential units in lieu of the three existing residences. Accordingly, the requirement for a monetary Section 94 contribution has been recommended as a condition of development consent.

3. ENVIRONMENTAL IMPACTS

3.1 Natural Environment

The site comprises a number of exotic, native and locally indigenous trees. The proposed development would necessitate the removal of eighteen trees from the site, all of which are exempt species under Council’s Tree Preservation Order (TPO). The application is supported by an arborist report that assesses the existing trees on the site and provides recommendations for retaining a Eucalyptus microcoryos. Council’s assessment of the application with regard to its impact on trees concurs with the recommendations of the arborist report and concludes that the proposal is satisfactory with respect to tree removal.

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

3.2 Built Environment

3.2.1 Carlingford Road Precinct

The site has frontage to the wide thoroughfare of Carlingford Road. The Carlingford Court Shopping Centre and buildings within the Carlingford Commercial Centre dominate the built environment within the immediate locality.

The proposed five storey building is consistent with the desired built form for five storey residential flat buildings within the Carlingford Road Precinct which is undergoing transition in built form. It is considered that the proposed building would contribute to the streetscape and the emerging built form of the locality.

3.2.2 Traffic Generation

One submission objects to the proposal on the basis that:

· Potential for increase in number of accidents

· Allowing vehicle access from Carlingford Road (Traffic Hazard)

· Allowing pedestrian access from Carlingford Road (safety issue in this high traffic flow road)

· Noise pollution issue due to traffic flow at very high speed

At its meeting on 18 July 2012, Council resolved to undertake additional traffic modelling for the Carlingford Housing Strategy precinct to confirm road and other improvements required to facilitate future development within the precinct.

In summary, the updated traffic model concludes that the following mitigation measures will be effective in maintaining the current level of service under existing and future conditions:

· Signalisation of the intersection of Carlingford Road with Hepburn Avenue;

· Continue with the proposal in the Housing Strategy DCP to prohibit left turn movements from Keeler Street into Pennant Hills Road;

· Installation of traffic calming devices in Keeler Street; and

· Provision of an intersection treatment/roundabout on Keeler Street at Hepburn Avenue or Rickard Street.

Given that the most significant traffic increases will occur on the arterial routes of Pennant Hills Road and Carlingford Road due to regional traffic, local improvements will only result in a marginal improvement to local traffic conditions. The report on the updated model recommends that Council should write to the Minister for Planning and Infrastructure, Roads and Maritime Services and Infrastructure NSW seeking details of capacity improvements planned for Pennant Hills Road and Carlingford Road to support the additional housing required by the State Government.

Accordingly, at its meeting on 15 May 2013, Council resolved that draft amendments to the Housing Strategy DCP and draft Hornsby DCP identifying the additional recommended traffic improvements to support development of the Carlingford precinct be exhibited. In accordance with Council’s resolution, the draft DCP amendments have been exhibited. A report on submissions is currently being prepared to enable Council to determine its position concerning the recommended road improvements.

The applicant has submitted a Traffic and Parking Assessment Report which indicates that the proposed development would generate 22 - 23 additional vehicle trips in peak hour traffic which is considered acceptable regarding the capacity of the road network and in light of the draft changes exhibited. Given the existing magnitude of traffic on Pennant Hills Road, the proposed traffic generation is considered minor and would not have unacceptable traffic implications in terms of road network capacity.

Roads and Maritime Services has reviewed the application and raises no objection to concurrence to the proposed development subject to recommended conditions. The conditions include the submission of design details for swept paths for the longest vehicles accessing the site. The applicant has submitted design details which demonstrate compliance with the concurrence requirements.

The proposal is assessed as satisfactory in relation to the Housing Strategy Development Control Plan and the Car Parking Development Control Plan.

3.2.3 Stormwater Management

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

3.3 Social Impacts

The residential development would improve the housing choice in the locality by providing 42 additional units in a range of sizes from one bedroom to three bedroom units.

3.4 Economic Impacts

The development would result in a positive economic impact on the locality via employment generation during construction. The proposal, in conjunction with other new residential development in the precinct, would generate an increase in demand for local services.

4. SITE SUITABILITY

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

There is no known hazard or risk associated with the site with respect to landslip, subsidence, flooding and bushfire that would preclude development of the site.

5. PUBLIC PARTICIPATION

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

5.1 Community Consultation

The proposed development was placed on public exhibition and was notified to adjoining and nearby landowners between 1 May 2013 and 24 May 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 nearby landowners who were notified and made a submission.

NOTIFICATION PLAN

• PROPERTIES NOTIFIED

X SUBMISSIONS

RECEIVED

PROPERTY SUBJECT OF DEVELOPMENT

One submission objected to the development, generally on the grounds that the development would result in:

· Unacceptable traffic on local streets;

· Inadequate car parking provision.

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

5.2 Public Agencies

The development application was referred to the following Public Agency for comment:

5.2.1 Roads and Maritime Services

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

6. THE PUBLIC INTEREST

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

CONCLUSION

The application seeks approval for the demolition of three existing dwellings and the construction of a five storey residential flat building comprising 45 units with basement car parking and strata subdivision. The proposed development would be located on a site within a locality which has been rezoned as a high density residential precinct.

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

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

Approval of the proposal is recommended.

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

Rod Pickles

Manager - Development Assessment

Planning Division

James Farrington

Group Manager

Planning Division

Attachments:

1.View	Locality Map
2.View	Plans
3.View	Driveway Ramp
4.View	Elevation Plan

File Reference: DA/392/2013

Document Number: D02347635

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.

1. Approved Plans and Supporting Documentation

Plan No.	Plan Title	Drawn by	Dated
-	Plan Showing Selected Detail & Levels	J.P Bates & Inwood	15/6/2012
A1.04 – Issue G	Site Plan	Level Orange	10/7/2013
A1.05 – Issue G	Streetscape Elevation	Level Orange	10/7/2013
A-2.01 – Issue G	Basement Floor Plan	Level Orange	10/7/2013
A2.02 – Issue G	Ground Floor Plan	Level Orange	10/7/2013
A2.03 – Issue G	First, Second, Third Floor Plan	Level Orange	10/7/2013
A2.04	Fourth Floor plan	Level Orange	10/7/2013
A3.01	Section AA and BB	Level Orange	10/7/2013
A4.01	Elevations 01	Level Orange	10/7/2013
A4.02	Elevations 02	Level Orange	10/7/2013
LC01 B	Taylor Brammer	9.4.13	LC01 B

Document Title	Prepared by	Dated
Arboricultural Impact Assessment Report	Jacksons Nature Works	20/7/2012
Acoustic Report	Acoustic Solutions P/L	28/3/2013
Access Report	Accessible Building Solutions	22/3/2013
Traffic, Access and Car parking Assessment	Transport and Urban Planning	March 2013
Hydraulic Details – Rev. 2	ANA Civil Pty Ltd	25/3/2013
Basix Certificate No. 476350M	Building Sustainability Assessments	16/4/2013
SEPP 65 Design Verification Statement	Level Orange	15/4/2013
Waste Management Plan	Level Orange	15/4/2013
Schedule of Finishes and Photomontage	Caladines Town Planning Pty. Ltd	April 2013

2. Amendment of Plans

The approved plans are to be amended as follows:

a) The balconies of Unit Nos. L1.07, L2.07 and L3.07 on the eastern elevation are to be provided with a moveable privacy screen.

3. Removal of Existing Trees

This development consent only permits the removal of tree(s) as identified in the Tree Location Plan within the Arboricultural Impact Assessment prepared by Jackson’s Nature Works dated 20/7/2012. The removal of any other trees requires separate approval under Council’s Tree Preservation Order.

REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

4. Building Code of Australia

All building work must be carried out in accordance with the requirements of Part C, D, E and F of the Building Code of Australia.

5. Contract of Insurance (Residential Building Work)

6. Fire Safety

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) A fire hydrant and hose reel system shall be provided in accordance with Part E1.3 and E1.4 of the Building Code of Australia

b) An automatic smoke detection system and alarm system shall be provided complying with specification E2.2a of the Building Code of Australia.

c) A sprinkler system shall be provided in the basement carpark in accordance with E1.5 of the Building Code of Australia.

d) Fire Safety Statement – Annual

e) Emergency lighting and exit signs shall be provided over the entry/exit doors in accordance with Part E4 of the Building Code of Australia.

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.

7. Accessible Units

a) The details of the adaptable units (Units G.03, G.07, G.08, G.10 L1.03, L1.07, L1.08, L1.10 L2.03, L2.07, L2.10, L3.03, L3.07 and L3.10) must be provided with the Construction Certificate Plans.

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

8. Dilapidation Report

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

9. Acoustic Details

The Construction Certificate plans must demonstrate compliance with the recommendations in the Acoustic Report prepared by Acoustic Solutions Pty Ltd dated 28/03/2013.

10. Stormwater Drainage

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

a) Connected directly to the kerb line in Carlingford Road via an On Site Detention (OSD) tank.

11. On Site Stormwater Detention

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

a) Have a capacity of not less than 28 cubic metres, and a maximum discharge (when full) of 39 litres per second.

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

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

d) The OSD system is to be an underground tank located.

12. Internal Driveway/Vehicular Areas

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

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

13. Footpath

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

a) The existing footpath being removed.

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

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

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

14. Vehicular Crossing

Prior to the issue of a Construction Certificate for these works, a separate application under the Local Government Act, 1993 and the Roads Act, 1993 must be submitted to Council for the 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 integral kerb and gutter;

b) Compliance with the requirements of the RMS.

15. Traffic Control Plan

a) Arrangements for public notification of the works.

b) Temporary construction signage.

c) Permanent post-construction signage.

d) Vehicle movement plans.

e) Traffic management plans.

f) Pedestrian and cyclist access/safety.

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

16. Erection of Construction Sign

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

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

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

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

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

17. Protection of Adjoining Areas

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

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

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

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

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

18. Toilet Facilities

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

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

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

19. Erosion and Sediment Control

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.

20. Tree Protection Barriers

Tree protection fencing must be erected around tree numbered 2 to be retained at a 12 metre setback as per Australian Standard 4970-2009. The tree fencing must be constructed of 1.8 metre ‘cyclone chainmesh fence’. It shall display signage as per Annexure C - Arboricultural impact assessment supplied by Jackson’s Nature works 20/7/2012.

REQUIREMENTS DURING CONSTRUCTION

21. Construction Work Hours

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

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

22. Demolition

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

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

b) Demolition works, where asbestos material is being removed, must be undertaken by a contractor that holds an appropriate licence issued by WorkCover NSW in accordance with Chapter 10 of the Occupational Health and Safety Regulation 2001 and Clause 29 of the Protection of the Environment Operations (Waste) Regulation 2005.

c) On construction sites where buildings contain asbestos material, a standard commercially manufactured sign containing the words ‘DANGER ASBESTOS REMOVAL IN PROGRESS’ measuring not less than 400mm x 300mm must be erected in a prominent position visible from the street.

23. Environmental Management

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

24. Street Sweeping

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

25. Council Property

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

26. Excavated Material

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

27. Disturbance of Existing Site

28. Landfill

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

a) All fill material imported to the site is to wholly consist of Virgin Excavated Natural Material (VENM) as defined in Schedule 1 of the Protection of the Environment Operations Act 1997 or a material approved under the Department of Environment and Climate Change’s general resource recovery exemption.

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

29. 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.

30. Contamination During Construction Works

Should the presence of asbestos or soil contamination, not recognised during the application process be identified during demolition, the applicant must immediately notify the Principal Certifying Authority and Council.

31. Construction Noise Management

The construction works must be undertaken in accordance with the “Interim Construction Noise Guidelines – 2009” published by DECCW.

32. Waste Management

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

a) The identity of the person removing the waste.

b) The waste carrier vehicle registration.

c) Date and time of waste collection.

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

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

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

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

Note: In accordance with the Protection of the Environment Operations Act 1997, the definition of waste includes any unwanted substance, regardless of whether it is reused, recycled or disposed to landfill.

33. Works Near Trees

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

All works (including driveways and retaining walls) within 4 metres of any trees required to be retained (whether or not on the subject property, and pursuant to this consent or the Tree Preservation Order), must be carried out under the supervision of an ‘AQF Level 5 Arborist’ and a certificate submitted to the principal certifying authority detailing the method(s) used to preserve the tree(s).

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION OR SUBDIVISION CERTIFICATE

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

34. Fulfilment of BASIX Commitments

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

35. Car Parking Allocation and Resident Storage

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

36. Creation of Easements

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

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

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

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

37. Retaining Walls

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

38. Boundary Fencing

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

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

39. External Lighting

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

40. Garbage Collection Easement

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

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

41. Unit Numbering

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

42. 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.

43. Works as Executed Plan

44. Section 94 Development Contributions

Description	Contribution (4)
Roads	$30,267.35
Open Space and Recreation	$549,763.40
Community Facilities	$77,072.05
Plan Preparation and Administration	$2,405.45
TOTAL	$659,508.25

being for 5 x 1 bedroom units, 27 x 2 bedroom units and 13 x 3 bedroom units in lieu of 3 dwellings.

$C_{PY =}$C_DC x CPI_PY

CPI_DC

Where:

$CPY is the amount of the contribution at the date of Payment

$CDC is the amount of the contribution as set out in this Development Consent

CPIPY is the latest release of the Consumer Price Index (Sydney – All Groups) at the date of Payment as published by the ABS.

CPIDC is the Consumer Price Index (Sydney – All Groups) for the financial quarter at the date of this Development Consent.

c) The monetary contributions shall be paid to Council:

i) prior to the issue of the Subdivision Certificate where the development is for subdivision; or

ii) prior to the issue of the first Construction Certificate where the development is for building work; or

iii) prior to issue of the Subdivision Certificate or first Construction Certificate, whichever occurs first, where the development involves both subdivision and building work; or

iv) prior to the works commencing where the development does not require a Construction Certificate or Subdivision Certificate.

It is the professional responsibility of the Principal Certifying Authority to ensure that the monetary contributions have been paid to Council in accordance with the above timeframes.

Council’s Development Contributions Plan may be viewed at www.hornsby.nsw.gov.au or a copy may be inspected at Council’s Administration Centre during normal business hours.

45. Tree Species

The trees noted as “BC”, on the landscape plan, along the side boundaries shall be Buckinghamia celsissima (Ivory Curl tree). The 35 Elaeocarpus reticulatus noted in the plan schedule are not required.

Two (2) additional Angophora costata Sydney Red Gum shall be provided in the front common area. These shall be installed at minimum 45 litre pot size.

46. Planter Boxes / On Slab Planting

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

47. Completion of Landscaping

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

48. Construction for a Safe Environment

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

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

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

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

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

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

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

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

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

i) A street sign be prominently displayed in front of the site in accordance with Order No. 8, Section 124 Local Government Act 1993;

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

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

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

m) Doors must include laminated glass to increase safety.

49. Waste Management Details

The following waste management requirements must be complied with:

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

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

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

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

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

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

· All waste taken to the site(s) that were lawfully permitted to accept that waste

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

d) Space must be provided for either individual compost containers for each unit or a communal compost container;

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

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

Note: Ramps between different levels are acceptable.

f) Access to the waste volume handling equipment by unauthorised persons (including residents and waste collectors) must be prevented.

Note: Caging equipment is acceptable.

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

· The finished accessway (including ramp, vehicle turning area, loading bay and site entry/exit) to be used by waste collection vehicles, complies with Australian Standard AS2890.2-2002 Parking Facilities Part 2: Off street Commercial Vehicle Facilities for small rigid vehicles with minimum design vehicle dimensions of 6.4 metres overall length, width of 2.3 metres, 3.5 metre clearance height and maximum gradient 1:6.5; and

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

h) The 3.5 metre clearance height within the truck travel path must not be reduced by ducting, pipes or anything else.

OPERATIONAL CONDITIONS

50. Landscape Establishment

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

51. Visitor Access

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

52. Car Parking and Deliveries

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

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

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

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

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

53. Maintenance of Wastewater Device

All wastewater and stormwater treatment devices (including drainage systems, sumps and traps) must be regularly maintained in order to remain effective. All solid and liquid wastes collected from the device must be disposed of in accordance with the Protection of the Environment Operations Act 1997.

54. Noise

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

55. Disabled Parking

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

56. Bicycle Parking Facilities

All bicycle parking spaces are to be designed in accordance with Australian Standard 2890.3-1993- Bicycle parking facilities.

57. Waste Storage Area and Waste Management

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

a) Site security measures implemented on the property, including electronic gates, must not prevent access to the bin room/collection point by waste removal services.

b) A site caretaker must be employed and be responsible for moving bins to and from the bin room(s) and the waste collection point, washing bins and maintaining waste storage areas, ensuring the chute system and related devices are maintained in effective and efficient working order, managing the communal composting area, arranging the prompt removal of dumped rubbish, and ensuring all residents are informed and trained in the use of the waste management system. The caretaker must also be responsible for ensuring no unwanted bulky items are in the truck loading bay on garbage and recycling collection days.

58. Fire Safety Statement - Annual

CONDITIONS OF CONCURRENCE – ROADS AND MARITITME SERVICE (RMS)

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

59. RMS 1

All vehicles must access the site in a left in, left out motion which is to be enforced at the access driveway at Carlingford Road.

60. RMS 2

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

61. RMS 3

The swept path of the longest vehicle entering and exiting the subject site, as well as manoeuvrability through the site, shall be in accordance with AUSTROADS.

62. RMS 4

The layout of the proposed car parking areas associated with the subject development (including, driveways, grades, turn paths, sight distance requirements, aisle widths, aisle lengths and parking bay dimensions) should be in accordance with AS 2890.1-2004.

63. RMS 5

Council should ensure that the post development storm water discharge from the subject site into the RMS drainage system does not exceed the pre-development discharge. Details should be forwarded to:

Sydney Asset Management

Roads and Maritime Services

PO Box 973 Parramatta CBD 2124.

64. RMS 6

The proposed development should be designed such that traffic noise from adjacent public roads is mitigated by durable materials and comply with requirements of Clause 102 – (Impact of road noise vibration on non-road development) of State Environmental Planning Policy (Infrastructure) 2007.

65. RMS 7

The developer is to submit detailed design drawings and geotechnical reports relating to the excavation of the site and support structures to RMS for assessment. The developer is to meet the full cost of the assessment by the RMS. This report would need to address the following key issues:

a) The impact of excavation/rock anchors on the stability of Carlingford Road and detailing how the carriageway would be monitored for settlement.

b) The impact of the excavation on the structural stability of Carlingford Road.

The report and any enquiries should be forwarded to:

Project Engineer, External Works

Sydney Asset Management

Roads and Maritime Services

PO Box 973 Parramatta CBD 2124.

Telephone 8848 2114, Fax 8849 2766

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

66. RMS 8

Any proposed landscaping and/or fencing must not restrict sight distance to pedestrians and cyclists travelling along the footpath.

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

68. All vehicles are to be wholly contained on the site before required to stop.

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

- END OF CONDITIONS -

ADVISORY NOTES

Environmental Planning and Assessment Act, 1979 Requirements

The Environmental Planning and Assessment Act, 1979 requires:

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

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

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

· Mandatory inspections of nominated stages of the construction inspected.

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

Long Service Levy

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

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

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

Tree Preservation Order

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

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

Disability Discrimination Act

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

Asbestos Warning

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

www.environment.nsw.gov.au

www.nsw.gov.au/fibro

www.adfa.org.au

www.workcover.nsw.gov.au

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

House Numbering

Rain Water Tank

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

Group Manager’s Report No. PL85/13

Planning Division

Date of Meeting: 18/09/2013

13 DEVELOPMENT APPLICATION - DWELLING-HOUSE - 17 DENT STREET, EPPING

EXECUTIVE SUMMARY

DA No:	DA/772/2013 (Lodged 30 July 2013)
Description:	Erection of a two storey dwelling-house
Property:	Lot 1 DP 1076888, No. 17 Dent Street, Epping
Applicant:	Metricon Homes Pty Ltd
Owner:	Mr Harshal Shishir Patel Mrs Jeetal Jayantilal Patel
Estimated Value:	$464,494
Ward:	C

· The application involves the demolition of an existing dwelling-house and the erection of a two storey dwelling-house.

· No public 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/772/2013 for the erection of a two storey dwelling-house at Lot 1 DP 1076888, No. 17 Dent Street, Epping subject to the conditions of consent detailed in Schedule 1 of Group Manager’s Report No. PL85/13.

BACKGROUND

There is no history of the site relevant to this proposal.

SITE

The site has an area of 652.2m² and is located on the southern side of Dent Street, Epping. The site contains a single-storey dwelling-house with attached garage.

The site experiences a fall of 4% to the northern front boundary.

The site is not located within bushfire prone land, is not a heritage item and is not in a heritage conservation area or in the vicinity of a heritage listed item.

The site is not burdened by any easements or restrictions.

PROPOSAL

The application involves the demolition of an existing dwelling-house and the erection of a two storey dwelling-house.

The ground floor of the proposed dwelling would include a double garage, family room, dining room, kitchen and butler’s pantry, study, laundry, powder room, foyer, sitting room, and a covered deck with access from the family room.

The first floor would include a master bedroom with ensuite, three bedrooms, a bathroom and a leisure room.

The application would result in the removal of six trees.

ASSESSMENT

The development application has been assessed having regard to the ‘Metropolitan Plan for Sydney 2031; 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 and (Draft) North Subregional Strategy

Within the North Subregion, the Draft Metropolitan Strategy proposes:

· Population growth of 81,000 from the current 2011 baseline of 529,000

· Housing growth of 37,000 from the current 2011 baseline of 204,000

· Employment growth of 39,000 from the current 2011 baseline of 186,000

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

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 Residential A 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.

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

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

Clause 15 of the HSLEP prescribes that the maximum floor space ratio (FSR) of development within the Residential A zone is 0.4:1. The proposed FSR of the dwelling-house is 0.51:1 which does not comply with this development standard.

To address this issue, the applicant has submitted a State Environmental Planning Policy No. 1 (SEPP 1) objection to the development standard. Refer to Section 2.4 of this report for consideration of the applicant’s objection to the standard.

2.2 Draft Hornsby Shire 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. The relevant provisions of the DHLEP that apply to the site are outlined below.

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 with Council’s consent.

2.2.2 Height of Building

Clause 4.3 of the DHLEP states 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 application proposed a building height of 8.72 metres. This is considered to be a minor variation to the control and would not result in any adverse environmental or amenity impacts.

2.3 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005

The application has been assessed against the requirements of the Plan which includes planning principles applicable to the site within the upper part of the Harbour catchment. The principles incorporate measures to protect water quality, minimise urban runoff, to conserve water and to ensure the catchment watercourses, wetland, riparian lands and remnant vegetation are protected.

Subject to the implementation of erosion and sediment control measures and stormwater management the proposed subdivision would not adversely impact on the catchment or water quality.

2.4 State Environmental Planning Policy No. 1 - Development Standards

The proposed dwelling-house has a gross floor area of 324m² resulting in a floor space ratio (FSR) of 0.51:1. The FSR exceeds the applicable 0.4:1 FSR development standard under the HSLEP 1994. To address the variation to the 0.4:1 development standard, the applicant has made a submission pursuant to State Environmental Planning Policy No. 1 – Development Standards (SEPP1).

The application has been assessed against the requirements of SEPP1. 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 specified in section 5(a) (i) and (ii) of the Environmental Planning and Assessment Act which states:

‘The objectives of this Act are:

(a) to encourage:

(i) the proper management, development and conservation of natural and artificial resources, including agricultural land, natural areas, forests, minerals, water, cities, towns and villages for the purpose of promoting the social and economic welfare of the community and a better environment,

(ii) the promotion and co-ordination of the orderly and economic use and development of land,’

Where development could, but for any development standard, be carried out under the Act (either with or without the necessity for consent under the Act being obtained) the person intending to carry out that development may make a development application in respect of that development, supported by a written objection that compliance with that development standard is unreasonable or unnecessary in the circumstances of the case, and specifying the grounds of that objection.

The Land and Environment Court 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:

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. The proposed dwelling can satisfy the objectives of the Residential A zone, particularly as the new dwelling is of a similar scale and design to new dwellings in the area. The proposed dwelling is considered to preserve the scale, amenity and character of the area despite the numerical non-compliance.

2. The variation is not considered to prevent the residence from being in context to the site, its surrounds and the envisaged streetscape of Dent Street. The dwelling provides a high level of articulation ensuring the visual bulk will not appear excessive.

3. The proposed dwelling provides a suitable height, setback and site coverage ensuring that it does not have any unreasonable impact by way of visual bulk. The dwelling has varied roof lines and an articulated design proving to be of benefit to the streetscape.

4. In the circumstances of this particular case, it is considered that strict compliance with the floor space ratio requirements of Hornsby Shire Local Environmental Plan 1994 is unreasonable and unnecessary. Despite the increased floor space, the residence can still attain the objectives of the Environmental Planning and Assessment Act 1979, the Residential A zone and the FSR development standard. It is considered that a compliant design would have no additional benefit to the overall development.

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 size 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 zone. 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.

In addition, the proposal has been considered in 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 with a proposed gross floor area of 324m²would satisfy the maximum floor area development standard under the NSW Housing Code for the 652m² allotment.

In this instance, the proposed side setback of the top floor of the dwelling-house would exclude it from being assessed under the Code which would require the top floor to be setback 1.77 metres from the eastern, side boundary.

Accordingly, strict compliance with the 0.4:1 FSR development standard under Clause 15 of the HSLEP is not considered necessary in this instance. The proposal is consistent with the objectives of the residential zone and the SEPP 1 objection is considered well founded and acceptable in this instance.

2.5 Clause 74BA Environmental Planning and Assessment Act, 1979 - Purpose and Status of Development Control Plans

2.6 Dwelling-House Development Control Plan

The proposed development has been assessed having regard to the relevant performance and prescriptive requirements within Council’s Dwelling House Development Control Plan (Housing 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
Floor space ratio	0.512:1	0.4:1	No
Site cover	37.5%	40%	Yes
Setbacks Front (north) Side (east) Side (west) Rear (south)	7.6m 1m 1m 6.4m	6m 1m 1m 3 m	Yes Yes Yes Yes
Height	Two-storey	Max. two storey	Yes
Unbroken Wall length	12.23m	10m	No
Building length	18.8m	24m	Yes
Cut and fill	0.3m	1m	Yes
Private Open Space	137.4m²	120m²	Yes
Landscaped area	50.5%	45%	Yes
Car Parking	2 spaces	2 spaces	Yes

As detailed in the above table, the proposed development does not comply with the floor space ratio and unbroken wall length prescriptive requirements within Council’s Dwelling House DCP. The matters of non-compliance are detailed below, as well as a brief discussion on compliance with relevant performance requirements.

2.6.1 Floor Space Ratio

The objective of the Scale element is to encourage “development of a scale compatible with the low density residential environment”.

The proposed dwelling-house exceeds the maximum floor space ratio allowable within the Residential A zone by 24%. The application was accompanied by a SEPP 1 objection and is supported as the scale of the development is generally consistent with the character of detached dwelling-houses in the locality.

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

2.6.2 Design

The objective of the Design element is to encourage “building design that is consistent with and enhances the character and amenity of the local area, has regard for environmental characteristics and energy efficiency”.

The proposed 12.23m unbroken wall length of the first floor of the southern elevation and the 10.09m unbroken wall length on the eastern elevation do not comply with the prescriptive measure of the Design element which requires that walls not exceed 10m without a physical “break”.

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. Accordingly, the proposal would have negligible adverse visual or amenity impacts on adjoining properties, meets the objectives of the Design element and is considered acceptable.

2.6.3 Solar Access

The objective of the Solar Access element is to encourage “development that ensures reasonable solar access to living areas within dwellings and to open space around dwellings”.

The shadows cast from the proposal would allow at least 4 hours of sunshine to the private open space required for adjacent and proposed dwelling-houses on 22 June (Winter Solstice).

The shadows cast from the proposal would allow north facing windows to living areas of adjacent and proposed dwelling-houses to receive 3 hours of sunshine over a portion of their surface on 22 June.

The proposal meets the prescriptive measures and objective of the Solar Access element and is considered acceptable.

2.6.4 Privacy

The objective of the Privacy element is to encourage “development that ensures reasonable privacy in the home and private open space for existing and future dwellings”.

The first floor of the proposal includes a leisure room which does not comply with the prescriptive measures of the Privacy element which seeks to have living and entertaining areas located on the ground floor only. This room is served by a window in the southern elevation which has a sill height of 1.5 metres from floor level. As a consequence, the development would have negligible adverse privacy impacts.

The proposal meets the objective of the Privacy element and is considered acceptable.

3. ENVIRONMENTAL IMPACTS

3.1 Natural Environment

The proposed development would necessitate the removal of six trees from the site. The trees are not considered significant or worthy of retention.

3.2 Built Environment

The proposal involves the demolition of the existing dwelling-house on the site. The proposed dwelling-house would be similar to other dwelling-house developments on surrounding properties. The proposal would not cause a detrimental impact to the streetscape of Dent Street.

3.3 Social and 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 subject site has not been identified as bushfire prone or flood prone land.

The site is considered suitable for the proposed development and the proposed dwelling-house is consistent with the scale of development in the surrounding low density residential area.

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 31 July 2013 and 13 August 2013 in accordance with Council’s Notification and Exhibition Development Control Plan. During this period, Council received no submissions. The map below illustrates the location of those nearby landowners that are in close proximity to the development site and were notified of the application.

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 an existing dwelling-house and the erection of a two storey dwelling-house.

The application does not comply with the Hornsby Shire Council Local Environmental Plan 1994 in respect to Clause 15 ‘Floor Space Ratio’. The applicant has 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.

Rod Pickles

Manager - Development Assessment

Planning Division

James Farrington

Group Manager

Planning Division

Attachments:

1.View	Locality Map
2.View	Floor Plans
3.View	Site Plan
4.View	Elevations and Sections

File Reference: DA/772/2013

Document Number: D02368101

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.

1. Approved Plans and Supporting Documentation

Plan No.	Plan Title	Drawn by	Dated
Job No. 653271 Sheet 1 of 10	Site Plan	MC	8 March 2013
Job No. 653271 Sheet 2 & 3 of 10	Floor Plans	CADDRAFT	4 June 2013
Job No. 653271 Sheets 4 & 5 of 10	Elevations	CADDRAFT	4 June 2013
Job No. 653271 Sheet 6 of 10	Section	CADDRAFT	4 June 2013

Document Title	Prepared by	Dated
Waste Management Plan TRIM No. 2363679	Local Consultancy Services Pty Ltd.	July 2013
Shadow Diagram @ June 21 Job No. 653271 Sheet 1B of 10	JN/MC	25 July 2013
Erosion and Sediment Control Plan Job No. 653271 Sheet 1A of 10	JN/MC	25 July 2013
Stormwater Details Sh. 1 Job No. M4547-653271 Sheets 1 and 2	Ibrahim Stormwater Consultants	July 2013

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 relevant requirements of the Building Code of Australia.

3. Contract of Insurance (Residential Building Work)

4. Notification of Home Building Act, 1989 Requirements

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; and

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 and;

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.

5. Sydney Water – Quick Check

This application must be submitted to a Sydney Water ‘Quick Check Agent’ or ‘Customer Centre’ for approval to determine whether the development would 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.

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

6. Erection of Construction Sign

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

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

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

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

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

7. Toilet Facilities

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

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

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

8. Erosion and Sediment Control

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

REQUIREMENTS DURING CONSTRUCTION

9. Construction Work Hours

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

10. 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 must be disposed of to an authorised recycling and/or waste disposal site and/or in accordance with an approved waste management plan;

11. Council Property

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.

12. Disturbance of Existing Site

13. Survey Report – Finished Floor Level

A report 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.

14. Fulfilment of BASIX Commitments

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

15. Stormwater Drainage

The stormwater drainage system for the development must be designed and constructed for an average recurrence interval of 20 years and be gravity drained generally in accordance with Stormwater Layout Sh. 1, Job No. M4547-653271, Sheets 1 and 2, dated July 2013 by Ibrahim Stormwater Consultants and 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 an occupation certificate.

16. Internal Driveway/Vehicular Areas

The driveway and parking areas on site must be designed in accordance with Australian Standards 2890.1, 2890.2, and 3727.

17. Vehicular Crossing

18. 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.

19. 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 8.00pm and 10.00pm.

- END OF CONDITIONS -

ADVISORY NOTES

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 can be made to Council’s Customer Services Branch on 9847 6760;

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

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

· mandatory inspections of nominated stages of the construction inspected; and

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

Long Service Levy

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

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

Tree Preservation Order

Note: A tree is defined 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

Asbestos Warning

www.environment.nsw.gov.au

www.nsw.gov.au/fibro

www.adfa.org.au

www.workcover.nsw.gov.au

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

Group Manager’s Report No. PL86/13

Planning Division

Date of Meeting: 18/09/2013

14 DEVELOPMENT APPLICATION - SUBDIVISION OF TWO ALLOTMENTS INTO FOURTEEN LOTS - 33 AND 35 RUPERT STREET, MOUNT COLAH

EXECUTIVE SUMMARY

DA No:	DA/225/2013 (Lodged 8 March 2013)
Description:	Subdivision of two allotments into fourteen lots
Property:	Lot 8 DP 23741, Lot 7 DP 23741 Nos 33 and 35 Rupert Street, Mount Colah
Applicant:	Gunner Estates Pty Ltd
Owner:	Mrs F B Gunner
Estimated Value:	$1,200,000
Ward:	A

· The proposal is for the subdivision of two allotments into fourteen Torrens title lots and includes dedication of land for a public road.

· The proposal complies with Hornsby Shire Local Environmental Plan 1994 and the Residential Subdivision Development Control Plan. The proposal has received NSW Rural Fire Service approval for a Bush Fire Safety Authority under the Rural Fires Act 1997.

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

· It is recommended that the application be approved.

RECOMMENDATION

BACKGROUND

The site includes remnant bushland and has not previously been developed. The site is zoned for low density residential development.

SITE

The site has a south westerly aspect, includes two existing allotments and has an area of 1.793 hectares.

The western boundary of the site adjoins the Berowra Valley National Park. The northern boundary has part frontage to the end of Rupert Street and adjoins two existing dwelling houses. The eastern boundary adjoins the western end of Marcus Street, an existing dwelling house fronting Rupert Street and an existing dwelling house fronting Marcus Street. The southern boundary adjoins the rear of four existing dwelling houses fronting the end of Mills Avenue, and a public reserve.

The site has an average fall of 17% to the south western corner, is more steeply sloping in the southern and western sections of the site where sandstone rock outcrops and boulders are dominant features of the site.

The site includes scattered trees and a relatively light cover of vegetation due to the sandy soil and rocky terrain. The bushland on the site is identified as Peppermint-Angophora Forest. The bushland is marginal with many trees dead or in poor condition.

The site is within a bushfire prone area.

The site is located 1.25 km south west of Mount Colah Railway Station and is 380m west of the intersection of Rupert Street and the Pacific Highway.

PROPOSAL

The proposal is for the subdivision of two allotments into fourteen Torrens title lots. The proposal includes the dedication of land to Council for the extension of Marcus Street and land for installation of a stormwater treatment facility. The treatment facility includes a rain garden and a detention and nutrient pond. The proposed extension of Marcus Street would provide frontage to 11 of the proposed lots. The Rupert Street frontage provides access to three of the proposed lots.

The proposed lots are detailed as follows:

Lot 1 is a battleaxe lot with access from Rupert Street. Lot 1 has an area of 686m²excluding the access handle. The lot is irregular in shape and includes Trees Nos. 11, 48, 49, 51, 52 and 56. The southern boundary of the lot aligns with the top of a sandstone rock escarpment. The lot has an average fall of 13% to the southern boundary.

Lot 2 is a regular shaped lot with an area of 585m² and a frontage of 18m to Rupert Street. The lot adjoins an existing dwelling house fronting Rupert Street. The lot includes Trees Nos. 3, 4, 5, 6, 7, 8, 9 and 10. The lot has an average fall of 3% to the rear boundary.

Lot 3 is an irregular shaped lot with an area of 663m², a depth of 32.5m and a 5m frontage to Rupert Street. The lot includes Trees Nos. 12, 13, 14, 15, 16 and 17. The lot has an average fall of 13% to the western boundary which aligns with the top of a sandstone rock escarpment.

Lot 4 is an irregular shaped lot with an area of 1,534m² and a depth of 63m. The lot has frontage to the proposed Marcus Street turning head. The western half of the lot (area 1,037m²) is within a proposed Asset Protection Zone (APZ) adjoining the Berowra Valley National Park. The lot has an average fall of 8% to the rear western boundary. The buildable area of the lot includes Trees Nos. 18, 19 and 112. The APZ area includes Trees Nos. 22, 23, 24, 25 and 26.

Lot 5 is a regular shaped lot with a curved 21.2m frontage to proposed Marcus Street. The lot has an area of 706m² and a depth of 40m. The lot has an average fall of 11% to the frontage. The rear boundary aligns with the base of a sandstone rock escarpment. The lot includes Trees Nos. 21 and 22.

Lot 6 is an irregular shaped lot with a curved 24.8m frontage to proposed Marcus Street. The lot has an area of 710m² and a depth of 40m. The lot has an average fall of 17% to the frontage. The rear boundary aligns with a sandstone rock escarpment. The lot includes Trees Nos. 44 and 45.

Lot 7 is a regular shaped lot with a curved 21.6m frontage to proposed Marcus Street. The lot has an area of 703m² and a depth of 37m. The lot has an average fall of 22% to the frontage. The rear boundary aligns with a sandstone rock escarpment. The lot includes Trees Nos. 46 and 47.

Lot 8 is an irregular shaped lot with a curved 25.9m frontage to proposed Marcus Street. The lot has an area of 709m² and a depth of 35m. The lot has an average fall of 16% to the frontage. The lot includes Trees Nos. 56, 74 and 75.

Lot 9 is an irregular shaped lot with a curved 25.1m frontage to proposed Marcus Street. The lot has an area of 705m² and a depth of 38.7m. The lot has an average fall of 15% to the frontage. The eastern boundary of the lot adjoins bushland at the rear of an existing dwelling house fronting Rupert Street. The lot includes Trees Nos. 53, 54, 55, 57 and 58.

Lot 10 is a regular shaped lot with a curved 21.9m frontage to the lower side of proposed Marcus Street. The eastern boundary of the lot adjoins an existing dwelling house fronting Marcus Street. The lot has an area of 1,037m² and a depth of 50m. The lot has an average fall of 24% to the rear boundary and includes rock outcrops across the central part dividing the lot into upper and lower sections. A covenant is proposed for garaging on the upper part of the lot to retain the rock escarpment. The lot includes Trees Nos. 64, 65, 67, 68, 69, 97, 98 and 99.

Lot 11 is an irregular shaped lot with a curved 16.4m frontage to the lower side of proposed Marcus Street. The lot has an area of 1,174m², a depth of 56m and a 34m rear boundary to existing dwelling houses fronting Mills Avenue. The lot has an average fall of 25% to the rear boundary and includes rock outcrops across the central part dividing the lot into upper and lower sections. The lot includes Trees Nos. 70, 71, 93, 94, 95, 96, 100 and 101.

Lot 12 is an irregular shaped lot with a curved 19.3m frontage to the lower side of proposed Marcus Street. The lot has an area of 927m² and a depth of 50m. The lot has an average fall of 22% to the rear boundary with lot 11. The lower part of the lot includes substantial rock outcrop which is subject to a proposed covenant to be retained. The lot includes Trees Nos. 89, 90, 91 and 92.

Lot 13 is a large battleaxe shaped lot with access from the lower side of proposed Marcus Street. The lot has an area of 2,537m²including the access handle (5.6m x 17.6m). The western half of the lot adjoins the Berowra Valley National Park and is within a proposed APZ area 1,110m². The lot has an average fall of 24% to the south west corner and includes substantial rock outcrops across the central part dividing the lot into an upper section and a larger lower section. The rock outcrop would prevent vehicle access to the lower part of the lot. A covenant is proposed to retain the rock escarpment. The rear boundary adjoins an existing dwelling house fronting Mills Avenue and a public reserve. The lot includes Trees Nos. 86, 87, 88, 102, 103, 104, 105, 106, 107, 108, 109 and 110.

Lot 14 is a large irregular shaped lot with a curved 28.4m frontage to Marcus Street and a 32.6m boundary to the proposed public land dedication for stormwater treatment. The lot has an area of 2,180m². The western half of the lot is within a proposed APZ area of 1,395m² which adjoins the Berowra Valley National Park. The lot has an average fall of 33% to the western boundary. The lot includes a significant rock outcrop within the APZ area and lower part of the lot. The lot includes Trees Nos. 42, 43, 77, 78, 79, 80, 81, 82, 83, 84, 85 and 111.

The proposed extension of Marcus Street includes an 8m wide roadway and a 3.5m wide nature strip each side of the roadway. The roadway includes Trees Nos. 31, 32, 41, 59, 60, 61, 62, 63, 64, 72, 73 and 76.

ASSESSMENT

1. STRATEGIC CONTEXT

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

Within the North Subregion, the Draft Metropolitan Strategy proposes:

· Population growth of 81,000 from the current 2011 baseline of 529,000

· Housing growth of 37,000 from the current 2011 baseline of 204,000

· Employment growth of 39,000 from the current 2011 baseline of 186,000

The proposed development would increase the supply of land available for housing and accordingly, would be consistent with the Metropolitan Plan for Sydney 2031.

2. STATUTORY CONTROLS

2.1 Environmental Planning and Assessment Act, 1979 – Section 91A

The proposed subdivision is ‘integrated development’ subject to approval of the NSW Rural Fire Service for the issue of a Bushfire Safety Authority under the Rural Fires Act 1997.

The approval of the NSW Rural Fire Service has been obtained for the issue of a Bushfire Safety Authority subject to recommended conditions. Refer also to discussion in Section 4.1.

2.2 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.

(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 a minimum area of 500m² for an allotment within the Residential A zone. Each of the allotments within the proposed subdivision complies with this requirement.

Clause 18 of the HSLEP sets out heritage conservation provisions for Hornsby Shire. The site does not contain a heritage item and is not in the vicinity of a heritage item or heritage conservation area. An archaeological survey report found no evidence the site includes Aboriginal heritage.

2.3 Draft Hornsby Shire Local Environmental Plan

Under the DHLEP, the subject land would be zoned R2 Low Density Residential and subdivision would be permissible within the zone with Council’s consent.

2.4 State Environmental Planning Policy No. 44 – Koala Habitat Protection

State Environmental Planning Policy No. 44 (SEPP 44) provides for the conservation and management of koala habitat and requires that Council must consider whether residential zoned land of more than one hectare is potential koala habitat or core koala habitat, before granting consent to development.

The site includes a koala feed tree species Eucalyptus punctata (Grey Gum) representing 30% of trees on the site. The site is therefore deemed potential koala habitat. Koalas are listed as a vulnerable species under Schedule 2 of the Threatened Species Conservation Act 1995. The submitted Flora and Fauna Assessment included a review of the NSW Wildlife Database of threatened species within a 10km radius of the subject site. There were no koalas recorded on the data base. The fauna survey assessment found no evidence of koalas on the site.

Accordingly, it is unlikely the site represents core koala habitat. A koala plan of management is therefore not required for the proposal.

2.5 State Environmental Planning Policy No. 55 - Remediation of Land

The site has not been previously developed and is unlikely to be contaminated. No further assessment is considered necessary in this regard.

2.6 Sydney Regional Environmental Plan No. 20 – Hawkesbury – Nepean River

The proposed development includes stormwater treatment to remove pollutants from runoff from the development, ensuring downstream water quality. Subject to the implementation of sediment and erosion control measures and stormwater management to protect water quality during construction, the proposal would comply with the requirements of the Policy.

2.7 Clause 74BA Environmental Planning and Assessment Act, 1979 - Purpose and Status of Development Control Plans

2.8 Section 94 Development Contributions Plan

The development would result in twelve additional allotments. A condition of consent is recommended for the payment of a contribution towards the cost of infrastructure and services in accordance with the Plan.

2.9 Residential Subdivision Development Control Plan

Residential Subdivision Development Control Plan
Control	Proposal	Requirement	Compliance
Density	Lot 1 – 686m² (excl handle) Lot 2 – 585m² Lot 3 – 663m² Lot 4 – 1,534m² Lot 5 – 706m² Lot 6 – 710m² Lot 7 – 703m² Lot 8 – 709m² Lot 9 – 705m² Lot 10 – 1,037m² Lot 11 – 1,174m² Lot 12 – 927m² Lot 13 – 2,422m² (excl handle) Lot 14 – 2,100m²	500m²	Yes
Road Width	15m	15m	Yes

As detailed in the above table, the proposed development complies with the prescriptive requirements within Council’s Residential Subdivision DCP for lot size and road width. Below is a brief discussion on compliance with the relevant development controls and performance requirements.

2.9.1 Density

The size of the proposed lots is considered satisfactory in providing for sufficient areas for a future dwelling house with regard to the topography of the site. The subdivision has been designed with appropriate lot sizes to enable dwellings, driveways and the extension of Marcus Street to be sited to protect natural landform features and respond to site constraints including topography, bushland, drainage and fire risk. Each allotment has a minimum area greater than 500m² in compliance with the density provisions of both the HSLEP and Residential Subdivision DCP.

2.9.2 Allotment Layout and Design

The proposed subdivision includes dedication of land for the extension of Marcus Street.

The layout and design of the proposed subdivision has regard to the site’s bushfire constraint, the exposed sandstone rock escarpment and the topography. Proposed lots 4, 10, 11, 12, 13 and 14 are appropriately larger size lots in response to the constraints of the site.

In response to the bushfire hazard the proposed subdivision incorporates an appropriate APZ for bushfire protection which occupies an area of 5,000m² comprising a 30m wide corridor along the western boundary and includes parts of lots 4, 13 and 14.

The site includes substantial rock outcrops across the southern and south western part of the site. The applicant submitted a geotechnical report for these areas which concluded the nominated building envelopes for proposed lots 10 to 14 would not adversely impact on the stability of the rock escarpments. A condition is recommended for the rock escarpment areas to be subject to a covenant on title to proposed lots 10, 12 and 13 to restrict development over the rock escarpment. The rock escarpment on lot 14 is protected within the APZ area and cannot be built upon. The rock escarpment would require future dwelling houses to be sited on the upper parts of proposed lots 12, 13 and 14.

The proposal includes a covenant over lot 10 to protect the rock escarpment and a covenant for the siting of a garage on the upper part of the lot. An indicative 200m² building envelope can be accommodated within a 590m² area below the rock shelf at the rear part of the site. It is considered that a dwelling house could be designed to address the restricted access to the lower part of the site and amenity of existing and future residents.

The rock escarpment is not a dominant feature on proposed lot 11. The lot includes suitable area for a future dwelling. The lot includes a broader area at the rear of the site extending to the western boundary to allow for bushfire safety management.

Proposed lots 1, 2, 3, 5, 6, 7, 8 and 9 are satisfactory in accommodating a 200m² indicative building envelope clear of setbacks to boundaries.

The proposed lot configuration and the design of the proposed extension of Marcus Street provide for an efficient lot layout and street presentation. The street extension would maintain a local link with the Berowra Valley National Park.

It is considered the proposed subdivision meets the Residential Subdivision DCP performance criteria for allotment layout and design subject to recommended conditions.

2.9.3 Solar Access

The proposed lots are relatively large. It is considered the indicative building envelopes would provide for appropriate dwelling design for solar access and allow 4 hours of sunshine to open space areas on 22 June.

2.9.4 Private Open Space

The proposed lots include adequate suitable level areas for private open space for future dwellings, clear of the rock escarpment, in compliance with the Residential Subdivision DCP.

2.9.5 Landscaping

The site includes bushland and sandstone escarpment at the edge of the Berowra Valley National Park. Subject to recommended conditions requiring a covenant on title for lots 10, 12 and 13, the proposed subdivision would retain the substantial rock escarpment across the southern and south western parts of the site.

The site includes mainly locally indigenous tree species which are protected under Council’s Tree Preservation Order. A total of 114 trees are located on the site. The majority of the trees are in poor condition due to fire damage, termite and beetle borer infestations and are in decline. None of the trees are identified as significant trees.

The proposed extension of Marcus Street would require the removal of 13 trees which is considered acceptable subject to the planting of replacement trees. The site’s remaining trees would be subject to further consideration for future dwelling houses on the proposed lots. Of these trees, 32 have a Safe Useful Life Expectancy of 16 to 39 years or greater (mainly Angophora costata), five of these trees would require removal for future dwelling houses. The future removal of the trees is considered acceptable given the trees are not identified as significant; subject to recommended condition for planting of replacement trees.

Subject to recommended conditions, the proposed subdivision is considered satisfactory in meeting the landscaping performance criteria of the Residential Subdivision DCP.

2.9.6 Drainage Control

The site drains to the Berowra Valley National Park and to Calna Creek.

Proposed lots 1 to 8 would drain to a proposed artificial wetland and outlet control structure designed to trap and treat stormwater pollution before dispersal. The stormwater drainage facility would be located on the western side of the proposed Marcus Street turning area and is to be dedicated to Council. A condition is recommended for a one-off fee payment of $39,600.00 for Council’s ongoing maintenance of the stormwater drainage treatment facility.

Proposed lot 9 would drain to the existing stormwater drainage system in Marcus Street.

Proposed lots 10 to 14 would drain to a stormwater trench absorption system located near the western boundary of lot 13. The proposed stormwater drainage system is designed to minimise impacts on the ecology of the adjoining national park and downstream waterways.

2.9.7 Soil and Water Management

The proposed subdivision involves substantial earthworks for the construction of the Marcus Street extension. Appropriate conditions are recommended for the implementation of sediment and erosion control measures to minimise impacts on downstream waterways.

2.9.8 Road Design / Accessway Design

The proposed extension of Marcus Street complies with the prescriptive measures for road width and carriageway width which requires the provision of a 15 metre wide carriageway and 8m wide road width. The road design meets the performance criteria of the Residential Subdivision DCP. Appropriate conditions are recommended for the construction of the road and turning head and for footpath construction.

A 5m wide accessway off Rupert Street is proposed for vehicular and pedestrian access to lot 1 and lot 3. The proposed accessway complies with the required minimum 4m width and the average maximum 20% gradient requirement of the Residential Subdivision DCP. Conditions are recommended for pier and beam driveway construction and for measures to protect existing trees.

Proposed lot 2 has full frontage to Rupert Street. Proposed lots 1 and 3 would not significantly detract from the availability of on-street parking in Rupert Street.

2.9.9 Utility Services

Appropriate conditions are recommended for the provision of electricity, water, gas and telephone services.

A condition is recommended for the provision of street lighting.

Sydney Water sewerage reticulation is available to the proposed lots subject to mains connection.

2.9.10 Waste Minimisation and Management

Conditions are recommended for the implementation of a Waste Management Plan during construction of the development.

3. ENVIRONMENTAL IMPACTS

3.1 Natural Environment

The applicant submitted a Flora and Fauna Assessment prepared by Cumberland Ecology to address the impacts of the proposed development including future housing. The assessment recorded two vegetation communities comprising a 1.53 hectare area of Peppermint – Angophora Forest and 0.23 hectare area of Silvertop Ash – Scribbly Gum Woodland. Neither vegetation community is identified as an endangered ecological community (EEC). Of the eight threatened flora species known to occur in the locality, none were detected on the site.

The assessment made the following conclusion:

The proposal will result in removal of native vegetation to facilitate street and associated services construction and future potential for native vegetation removal and/or modification. The native vegetation present provides a small area of limited habitat for native species. No endangered ecological communities, threatened flora individuals or threatened fauna are considered likely to be significantly impacted by the proposal. There is the potential for indirect impacts to occur downslope in Berowra Valley Regional Park including potential indirect impacts to habitat and/or individuals of the Red-crowned Toadlet. Therefore a number of mitigation measures have been recommended in order to negate / minimise these potential impacts.

Mitigation measures should be undertaken in the construction phase to minimise impacts from vegetation clearance, runoff, sedimentation, erosion and pollution. Measures in the post-construction phase address potential impacts to the surrounding bushland including stormwater discharge and weed management. Landscaping as part of the proposal should, wherever possible, include native endemic species.

In consideration of the recommended mitigation measures, no significant impact is predicted to occur to threatened EECs, flora or fauna and therefore a Species Impact Statement (SIS) is not required.

Council’s bushland and biodiversity assessment of the proposal raises no objection to the Flora and Fauna Assessment and recommends conditions addressing the recommended mitigation measures including the protection of rock outcrops from future development.

3.2 Built Environment

The proposed subdivision is consistent with the pattern of development in the locality. Traffic generated by the proposed subdivision is within the capacity of the local road network.

The proposed subdivision would be divided between the suburbs of Mount Colah and Asquith with the lots fronting Marcus Street in Asquith and the lots access off Rupert Street in Mount Colah.

3.3 Social Impacts

The proposed subdivision would increase housing opportunities in the locality.

3.4 Economic Impacts

4. SITE SUITABILITY

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

4.1 Bushfire Risk

The land is identified as being subject to bushfire risk from the adjoining Berowra Valley National Park which adjoins the western boundary of the site.

The proposed subdivision is designed with regard to Planning for Bush Fire Protection 2006 with the proposed extension of Marcus Street forming a perimeter road for fire fighting and including parking provision for fire fighting services. The proposed 30m+ wide APZ along the western boundary provides a protective buffer to the bushfire threat. The submitted ‘Bushfire Assessment Report’ includes the following statement:

All of the proposed new dwelling sites meet or exceed the minimum setback requirements to ensure a radiant heat flux of less than 29kWm^-2and no flame contact, allowing construction at BAL-29 under AS 3959. The development will also provide marginally improved protection within the area.

The NSW Rural Fire Service has granted a ‘Bush Fire Safety Authority’ for the proposed subdivision subject to recommended conditions for the Asset Protection Zone along the western boundary and for the provision of utilities and road construction in a bushfire prone area. Proposed lots 1, 2, 3, 5, 6, 7, 8, 9, 10, 11 and 12 are unencumbered by the bushfire protection measures but are subject to assessment for future dwelling houses.

4.2 Services

Reticulated water and sewerage services are available to 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 21 March and 11 April 2013 in accordance with Council’s Notification and Exhibition Development Control Plan. During this period, Council received 9 submissions. The map below illustrates the location of those nearby landowners who made a submission that are in close proximity to the development site.

NOTIFICATION PLAN
• PROPERTIES NOTIFIED	X SUBMISSIONS RECEIVED	PROPERTY SUBJECT OF DEVELOPMENT
TWO SUBMISSIONS RECEIVED OUT OF MAP RANGE

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

· Destruction of natural landscape;

· Loss of natural habitat and visual amenity;

· Location of building envelope on lot 10;

· Fire access adjacent to lot 4;

· Provision of boundary fencing;

· Slope stability;

· Stormwater runoff; and

· On-street car parking in Rupert Street.

One submission supports the proposal in respect to the extension of Marcus Street not being a through road to Rupert Street.

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

5.1.1 Boundary Fence

It is considered to be a reasonable request that the applicant be required to construct the boundary fence along the northern, eastern and southern boundaries of the site, to the extent of the boundaries with the APZ, at nil cost to the neighbouring property owners. A recommended condition of consent has been included in Schedule 1.

5.2 Public Agencies – Rural Fire Service

The development application is Integrated Development under the Act requiring approval of the NSW Rural Fire Service for the issue of a Bush Fire Safety Authority under the Rural Fires Act 1997.

The NSW Rural Fire Service have approved the issue of a Bush Fire Safety Authority subject to recommended conditions as noted in Section 4.1.

6. THE PUBLIC INTEREST

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

CONCLUSION

The proposal is for the subdivision of two lots allotments into fourteen Torrens title lots. The proposal includes the dedication of land to Council for a public road.

The proposed subdivision would extend an existing street and urbanise an area of bushland zoned for low density residential development. The proposal would not significantly impact on threatened EECs or flora or fauna. The proposed subdivision includes measures to protect the ecology of the adjoining Berowra Valley National Park. Appropriate conditions are recommended to protect the site’s sandstone escarpment and rock outcrops and to mitigate impacts on the natural environment.

The proposed subdivision complies with the Residential Subdivision DCP in respect to density, allotment layout and design, landscaping, drainage control, soil and water management, road design, accessway design and utility services; subject to recommended conditions.

The site is within a bush fire prone area. The NSW Rural Fire Service has approved the issue of a Bush Fire Safety Authority for the proposed subdivision.

There were nine submissions in response to the proposal.

The application is recommended for approval.

Rod Pickles

Manager - Development Assessment

Planning Division

James Farrington

Group Manager

Planning Division

Attachments:

1.View	Locality Map
2.View	Site Plan
3.View	Subdivision Plan
4.View	Restriction Rock Escarpment
5.View	Tree Plan
6.View	Stormwater Layout
7.View	Sediment Plan
8.View	Catchment Plan
9.View	Raingarden Plan

File Reference: DA/225/2013

Document Number: D02391178

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

Plan No.	Plan Title	Drawn by	Dated
Sheet 1/3	Site Plan Showing Contours, Detail & vegetation	Mark Searles Consulting Surveyors	Undated
Sheet 2/3	Plan of Proposed Subdivision	Mark Searles Consulting Surveyors	Undated
Sheet 3/3	Proposed Services Plan	Mark Searles Consulting Surveyors	Undated
130015 P10	Restriction on User To Retain Rock Escarpment Feature	Robert Moore and Associates Pty Ltd	August 13
130015 P1	Stormwater Layout Plan	Robert Moore and Associates Pty Ltd	09.08.13
130015 P2	Sediment Plan	Robert Moore and Associates Pty Ltd	12.07.13
130015 P3	Catchment Plan	Robert Moore and Associates Pty Ltd	09.08.13
130015 P4	Typical Raingarden Plan	Robert Moore and Associates Pty Ltd	09.08.13

Document Title	Prepared by	Dated
Marcus Street and Rupert Street, Mount Colah (lots 7 and 8 DP 23741) Flora and Fauna Assessment	Cumberland Ecology	1 March 2013
Tree report for Lots 7 & 8, DP 23741, 33 & 35 Rupert Street Mt Colah, New South Wales	Dr Trevor J. Hawkeswood	15 July 2013
MUSIC (Stormwater Quality Modelling)	Worley Parsons	6 August 2013

2. Removal of Existing Trees

This development consent only permits the removal of tree(s) numbered 1, 2, 31, 32, 41, 59, 60, 61, 62, 63, 64, 72, 73 and 76 as identified on Figure 1 prepared by T. J. Hawkeswood Scientific Consulting of Tree Report dated 15 July 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. Water/Electricity Utility Services

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

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

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

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

4. Stormwater Drainage

a) The proposed local road and interallotment stormwater drainage system shall be designed and constructed generally in accordance with the drainage layout by Robert Moore & Associates, to provide drainage for all allotments except Lot 9 which flows directly to the proposed public road.

b) The stormwater drainage shall incorporate the stormwater quality plan as proposed by Worley Parsons dated 6 August, 2013. Details of Worley Parsons’ requirements to be shown on construction plans, including section drawings and material specifications.

c) The western leg of the proposed turning area shall be graded down from the intersection point in accordance with the maximum grading requirements of AS2890.2-2002 in order to reduce its appearance. In this regard, the end of the turning head shall have a gravity drainage system draining to the proposed raingarden biofilter adjacent the turning head area.

d) The water treatment facility construction shall provide for hold points when the underdrainage structure is in place, prior to the addition of filter material, and when all levels and structures are finalised.

e) After construction, the garden rain adjacent the turning head area is to be maintained by Council over the long term. A one-off payment of $39,600.00 for maintenance shall be made to Council. A copy of Council’s receipt for this amount shall be submitted with the Construction Certificate.

5. Road Works

All road works approved under this consent must be constructed in accordance with Council’s Civil Works Design and Construction Specification, 2005 and the following requirements:-

a) Council’s standard 7.5m wide 300 mm thick flexible pavement, 150mm integral kerb and gutter all around and offset square turning head shall be constructed generally in accordance with the plan by Robert Moore & Associates and matched to the existing carriageway at the west end of Marcus Street. Provision shall be made for Council’s standard 3.5m wide graded footpath verges graded down to top of kerb.

b) Provision shall be made for all utilities, guard railing for proposed roadway where the side batters can not be graded to less than 1V:6H, the street drainage system and street lighting in accordance with AS1158. Details to be shown on construction plans.

c) Application shall be made to Council is Local Traffic Committee for restriction of parking signs in the proposed turning head area.

d) The existing Marcus Street road pavement and kerb to be sawcut a minimum distance of 1.0 m from the existing extent of road work and matched to the proposed road work.

e) The submission of a Compaction Certificate from a Geotechnical Engineer for any fill within road reserves, and all road sub-grade and road pavement materials.

f) The proposed public road seal shall incorporate an initial asphaltic concrete seal of at least 25mm thick AC10. A Bankers Guarantee and Deed of Agreement shall be entered into with Council for the top seal of the public road and Council’s standard 80mm thick concrete footpath due to be constructed after the majority of dwellings are constructed.

g) Pursuant to Section 138 of the Roads Act 1993, the proposed road works shall be submitted to Hornsby Shire Council for construction approval and compliance inspections prior to consideration of the Subdivision Certificate. The Applicant shall pay Council’s scheduled fees for construction and compliance approvals with the Construction Certificate Application.

6. Traffic Control Plan

a) Arrangements for public notification of the works.

b) Temporary construction signage.

c) Permanent post-construction signage.

d) Vehicle movement plans.

e) Traffic management plans.

f) Pedestrian and cyclist access/safety.

7. Internal Driveway/Vehicular Areas

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

a) Shared access driveway to the extent of proposed Lot 1’s battleaxe handle shall be designed and constructed to the subdivision standard;

b) The driveway must be a rigid pavement;

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

d) The driveway pavement must be a minimum 3 metres wide (unless required to be of the standards of the Rural Fire Service of NSW) , 0.15 metres thick reinforced concrete with SL72 steel reinforcing fabric and a 0.15 metre sub-base. Pavement jointing details are to be provided on the plan;

e) The pavement must have a kerb to one side and a one-way cross fall with a minimum gradient of 2 percent with kerb inlet pits provided at the end and low points;

f) Retaining walls required to support the carriageway and the compaction of all fill batters must be in accordance with the requirements of a Chartered Structural Engineer;

g) Safety rails must be provided where there is a level difference more than 0.3 metres and a 1:4 batter can not be achieved;

h) Landscaping strips must be planted 0.5 metres wide along both sides of the length of the driveway and;

i) Conduit for utility services including electricity, water, gas and telephone must be provided.

8. Waste Management

Prior to issue of the Construction Certificate, a detailed Waste Management Plan Section One – Demolition Stage, Section Two – Design Stage, Section Three – Construction Stage as applicable, covering the scope of the approved works is required to be submitted to Council in accordance with the Waste Minimisation and Management Development Control Plan. The Waste Management Plan Sections One and Two must include the following requirements:

a) An estimate of the types and volumes of waste and recyclables to be generated;

b) A site plan showing sorting and storage areas for demolition and construction waste and the vehicle access to these areas;

c) How excavation, demolition and construction waste materials will be reused or recycled and where residual wastes will be disposed;

d) The total percentage (by weight) of demolition and construction waste that will be reused or recycled.

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

9. Prestart Meeting

A meeting shall be held on site with Hornsby Shire Council and the Principal Contractor after protective fencing, soil and water management and tree management facilities are in place. The Contractor shall possess a full set of approved construction plans, and provide copies of all insurances and safe work method statements. The Contractor shall ensure that access to the lower part of Lots 10 to 13 inclusive shall be either via part of Lot 11 not affected by rock outcrops, or some access point agreed with Hornsby Shire Council.

10. Erosion and Sediment Control

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

11. Environmental Management

12. Street Sweeping

Street sweeping must be undertaken following sediment tracking from the site along Marcus Close, Asquith and Rupert Street, Mount Colah during works and until the site is established.

13. Disturbance of Existing Site

14. Landfill

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

a. All fill material imported to the site is to wholly consist of Virgin Excavated Natural Material (VENM) as defined in Schedule 1 of the Protection of the Environment Operations Act 1997 or a material approved under the Department of Environment and Climate Change’s general resource recovery exemption.

15. Excavated Material

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

REQUIREMENTS DURING CONSTRUCTION

16. Construction Work Hours

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

17. Council Property

18. Bushland Protection During Construction – Stormwater Trench Construction Lots 10 to 14

No filling of soil and no stockpiling of building materials is to occur within 4 metres of the adjacent bushland or retained indigenous trees for the duration of the construction works for the stormwater trench within the rear of Lots 10-14. Construction methods are to be undertaken in a sensitive manner and avoid the use of heavy machinery. The works shall be undertaken under the supervision of a qualified and experienced ecologist who shall provide certification to Council following the completion of these works. All measures are to be undertaken to minimise the footprint of these works.

19. Bushland Protection During Construction – Driveway and Road Construction

The applicant must ensure that no filling of soil and no stockpiling of building materials is to occur within 4 metres of the adjacent bushland or retained indigenous trees for the duration of the on-site works.

Reason: To protect the bushland and retained trees from the effects of building materials, sedimentation and erosion from development sites.

20. Approved Excavation Within 4m of Trees

All works within 4 metres of native trees shall be undertaken in a sensitive manner with minimal disturbance to native flora. The excavation or filling of soil or placing of building materials is not permitted within a minimum set-back of 4 metres of native trees, unless written approval is obtained from Council. Any approved excavation works within 4 metres of the retained native trees must be undertaken by hand excavation methods under the supervision of a qualified arborist in such a manner that is non-injurious to any tree roots revealed. Tree roots between 10mm and 50mm diameter, revealed during excavation, shall be cut cleanly by a sharp hand saw. The severance of tree roots greater than 50mm in diameter is strictly forbidden. On completion of construction works all disturbed areas adjoining the retaining wall are to be restored to a natural state including the replacement of topsoil and bushrock and the removal of weeds and building materials.

21. Impacts of Driveway Construction on Trees (Lot 1 and Lot 3 only)

In order to minimise impacts of construction of the driveway, that part of the driveway within 4 metres of trees is to be of pier and beam construction type, with piers being located no closer than 3 metres to the trunk of the tree. The driveway edge shall be located no closer than 1 metre to the edge of the trunk. The excavation for the piers must be hand dug with no roots greater than 50mm being severed. A qualified and experienced arborist is to be on site overseeing the work to ensure that the roots are cut cleanly and that the works will not adversely affect the longevity of the trees.

22. Prevent Spread of Weeds and Pathogens

To prevent the spread of weeds and fungal pathogens such as Cinnamon Fungus (Phytophthora cinnamomi) and Chytrid Fungus (Batrachochytrium dendrobatidis), all machinery shall be cleaned of soil and debris before entering the subject site.

23. Waste Management

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

a) The identity of the person removing the waste.

b) The waste carrier vehicle registration.

c) Date and time of waste collection.

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

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

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

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

REQUIREMENTS PRIOR TO THE ISSUE OF A SUBDIVISION CERTIFICATE

24. Sydney Water – s73 Certificate

An s73 Certificate must be obtained from Sydney Water.

25. 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.

26. Creation of Easements

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

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

b) An inter-allotment drainage easement(s) over each of the burdened lots and a provision for positive covenant for the maintenance for the ecological water treatment facility in proposed Lot 13. Terms are to be provided by Hornsby Shire Council.

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

27. Works as Executed Plan

A works-as-executed plan(s) must be prepared by a registered surveyor and submitted to Council for completed road pavement, kerb & gutter, interallotment & public drainage systems, and driveways.

28. Dedication of Public Road

All proposed public roads, as detailed on the approved plans must be dedicated to Council as a ‘public road’ at no cost.

29. Preservation of Survey Marks

A certificate by a registered Surveyor shall be submitted to the Principal Certifying Authority, certifying that there has been no removal, damage, destruction, displacement or defacing of the existing survey marks in the vicinity of the proposed development or otherwise the re-establishment of damaged, removed, or displaced survey marks has been undertaken in accordance with the Surveyor General’s Direction No. 11 – “Preservation of Survey Infrastructure”

30. Restriction as to User – Protection of Land from Future Development

To inform current and future owners that the areas of rock outcrops, native vegetation and habitat on the site is to be protected from future development, a Restriction as to User must be created under Section 88B of the Conveyancing Act 1919 for Lots 10, 12 and 13 identifying that the area of the site identified on the approved plans is restricted from future development or disturbance of any kind.

The proposed Restriction as to User area plan and final wording is to be provided to Council’s Natural Resources Unit for review prior to registration.

Note: The wording of the Restriction as to User must be to Council’s satisfaction and Council must be nominated as the authority to release, vary or modify the Restriction.

31. Restriction as to User – Future Development of Lot 10

To inform current and future owners that the developable area of Lot 10 is limited by the rock escarpment, a Restriction as to User must be created under Section 88B of the Conveyancing Act 1919, identifying the areas of Lot 10 for the location of a garage, building platform, pedestrian access and building envelope, as detailed on the approved plan Drawing No. 130015 P10.

Note: The wording of the Restriction as to User must be to Council’s satisfaction and Council must be nominated as the authority to release, vary or modify the Restriction.

32. Asset Protection Zone (APZ)

Any APZ works requested by the Rural Fire Service must be implemented by a qualified and experienced bush regeneration company. The completion of these works is to be certified by Council’s Natural Resources Unit.

No clearing of native vegetation including trees, shrubs and groundcovers for bushfire protection is to occur, except where approved by Council and the NSW Rural Fires Service. Where clearing is permitted this shall be carried out by manual fuel removal methods only, such as a hand held brushcutter, and other methods such as raking and removal of ground litter.

Any clearing for bushfire protection within the approved Asset Protection Zone must be undertaken using manual methods and shall retain indigenous vegetation including trees and shrubs within scattered clumps to ensure the vegetation is non-continuous, and groundcover vegetation (i.e. grasses and herds).

Underscrubbing is to retain 15 centimetres of groundcover vegetation (including grass and herbaceous species) and all vegetation greater than three metres in height is to be otherwise retained. Clearing is not permitted in bushland outside the Asset Protection Zone. No mulch or garden waste is to be deposited in bushland.

33. Completion of Landscaping – Rain Garden

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

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

34. Replant Indigenous Trees

The Applicant shall plant a minimum of twenty (20) locally indigenous tree species. The trees must be planted a minimum distance of 4 metres from any building envelope up slope of the rock escarpment. Trees must be purchased from a nursery which stocks locally indigenous species. Trees must be protected with tree guards. All saplings that die must be replaced within one calendar month. Documentation of this purchase and installation must be submitted to Council’s Natural Resources Unit.

Reason: Planting of indigenous trees will compensate for the removal of trees as a result of the development and maintain a tree canopy on the site.

35. Boundary Fencing

Fencing must be erected along the northern, eastern and southern boundaries of the site behind the front building alignment to a height of 1.8 metres and extending to the Asset Protection Zone at nil cost to adjoining property owners.

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

36. Waste Management

The following waste management requirements must be complied with:

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

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

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

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

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

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

i) The finished road, where to be used by waste collection vehicles, complies with Australian Standard AS2890.2-2002 Parking Facilities Part 2: Off-street Commercial Vehicle Facilities for heavy rigid vehicles; and

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

37. Section 94 Development Contributions

Description	Contribution (4)
Roads	$8,880.00
Open Space and Recreation	$201,840.00
Community Facilities	$28,320.00
Plan Preparation and Administration	$960.00
TOTAL	$240,000.00

being for 14 allotments and including credit for two existing lots,

$C_{PY =}$C_DC x CPI_PY

CPI_DC

Where:

$CPY is the amount of the contribution at the date of Payment

$CDC is the amount of the contribution as set out in this Development Consent

CPIPY is the latest release of the Consumer Price Index (Sydney – All Groups) at the date of Payment as published by the ABS.

CPIDC is the Consumer Price Index (Sydney – All Groups) for the financial quarter at the date of this Development Consent.

c) The monetary contributions shall be paid to Council:

i) prior to the issue of the Subdivision Certificate where the development is for subdivision; or

ii) prior to the issue of the first Construction Certificate where the development is for building work; or

iii) prior to issue of the Subdivision Certificate or first Construction Certificate, whichever occurs first, where the development involves both subdivision and building work; or

iv) prior to the works commencing where the development does not require a Construction Certificate or Subdivision Certificate.

It is the professional responsibility of the Principal Certifying Authority to ensure that the monetary contributions have been paid to Council in accordance with the above timeframes.

Council’s Development Contributions Plan may be viewed at www.hornsby.nsw.gov.au or a copy may be inspected at Council’s Administration Centre during normal business hours.

OPERATIONAL CONDITIONS

38. Noise

39. Maintenance of Wastewater Device

GENERAL TERMS OF APPROVAL - NSW RURAL FIRE SERVICE

The following conditions of consent are General Terms of Approval from the nominated State Agency pursuant to Section 91A of the Environmental Planning and Assessment Act 1979 and must be complied with to the satisfaction of that Agency.

40. Asset Protection Zones

A restriction to the land use pursuant to section 88B of the ‘Conveyancing Act 1919’ shall be placed on all lots within the subdivision requiring the provision of asset protection zones (APZ) as identified on the drawing prepared by Mark Searles Consulting Surveyors, numbered Sheet 2/3 Revision DA, undated. APZ shall be managed 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: The intent of measures is to minimise the risk of bush fire attack and provide protection for emergency services personnel, residents and others assisting fire fighting activities.

41. Water and Utilities

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

Note: The intent of measures is to minimise the risk of bush fire attack and provide protection for emergency services personnel, residents and others assisting fire fighting activities.

42. Access

Public road access shall comply with the following requirements of section 4.1.3 (1) of ‘Planning for Bush Fire Protection 2006’.

a) Road(s) shall be two wheel drive, all weather roads.

b) Traffic management devices are constructed to facilitate unobstructed access by emergency services vehicles.

c) Public roads have a cross fall of not exceeding 3 degrees.

d) Non perimeter road widths comply with Table 4.1 in ‘Planning for Bush Fire Protection 2006’.

e) The minimum distance between inner and outer curves is 6 metres.

f) The maximum grades for sealed roads do not exceed 15 degrees and an average grade of not more than 10 degrees or other gradient specified by road design standards, whichever is the lesser gradient.

g) There is a minimum vertical clearance to a height of 4 metres above the road at all times.

h) The capacity of road surfaces and bridges is sufficient to carry fully loaded fire fighting vehicles (approximately 15 tonnes for areas with reticulated water, 28 tonnes or 9 tonnes per axle for all other areas). Bridges clearly indicate load rating.

i) Public roads greater than 6.5 metres wide locate hydrants outside of parking reserves to ensure accessibility to reticulated water supply for fire suppression.

j) Public roads directly interfacing the bush fire hazard vegetation provide roll top kerbing to the hazard side of the road.

Note: The intent of measures for public roads is to provide safe operational access to structures and water supply for emergency services, while residents are seeking to evacuate from an area.

- END OF CONDITIONS –

ADVISORY NOTES

Environmental Planning and Assessment Act, 1979 Requirements

· The issue of a construction certificate prior to the commencement of any works. Enquiries 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.

Subdivision Certificate Requirements

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

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

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

Dial Before You Dig

Telecommunications Act 1997 (Commonwealth)

House Numbering

Tree Preservation Order

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

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

Group Manager's Report No. PL34/13

Planning Division

Date of Meeting: 18/09/2013

16 HERITAGE COMMITTEE OPTIONS REVIEW

EXECUTIVE SUMMARY

· In October 2012, Council resolved to undertake a review of the Heritage Advisory Committee Constitution and Procedures with the objective of achieving cost savings and improved technical advice given in respect of heritage matters.

· A review of the current practices and procedures for the management and development assessment of heritage matters has been undertaken in consultation with the Heritage Advisory Committee.

· It is recommended that Council retain the Heritage Advisory Committee, with amendments to the Constitution and Procedures Manual to facilitate virtual meetings the issuing of summary reports and a re-defined role to increase focus on strategic planning matters.

· It is also recommended that membership of the technical and community positions on the Committee be reviewed in accordance with the Procedures Manual.

RECOMMENDATION

THAT:

1. Council retain the Heritage Advisory Committee with amendments to the Constitution and Procedures Manual to facilitate virtual meetings and focus on strategic planning matters.

2. Council adopt the revised Constitution and Procedures Manual for the Committee attached to Group Manager’s Report No. PL34/13.

3. The technical and community positions on the Heritage Advisory Committee be advertised in accordance with Section 6 – Appointment of Members in the Procedures Manual.

4. A further report be presented to Council upon the completion of the advertising process.

PURPOSE

The purpose of this report is to present the preferred option for the review of the Heritage Advisory Committee and to identify proposed amendments to the Constitution and Procedures Manual.

BACKGROUND

On 22 September 2012, Council considered a report on ‘Councillor Representation on Committees, working parties and other relevant groups – October 2012 to September 2013’ and resolved in part that:

“The Group Manager Planning Division, in consultation with the Heritage Advisory Committee, undertake a review of the Committee Constitution and Procedures with the objective of achieving cost savings and focusing on providing technical advice in respect of heritage matters and a report be prepared for Council's consideration on the outcome of the review.”

Options to amend the structure and procedures of the Heritage Committee were presented to Councillors at an informal briefing on 3 July 2013. At the briefing, it was agreed that the review should be presented within a report to Council.

DISCUSSION

This report provides an outline of the current structure and responsibilities of the Heritage Advisory Committee and options to achieve cost savings and focus on the provision of technical advice given with respect to heritage.

Establishment of the Hornsby Heritage Advisory Committee

In 1993, Council endorsed the establishment of the Heritage Advisory Committee under Section 377 of the Local Government Act 1993 to promote and preserve the heritage of Hornsby Shire. The Committee was also established to assist Council with the management of heritage items, assessment of development applications relating to heritage items and properties located within heritage conservation areas.

The Committee was given the authority to discuss heritage matters and to make recommendations to Council, but not delegated authority to make decisions on Council’s behalf.

Current Practices and Procedures

The functions of the Committee are guided by a Constitution adopted by Council in 2003 and updated in 2010. The formal practices and procedures of the Committee are guided by a Procedures Manual, most recently amended and adopted by Council in 2010.

The current objectives of the Committee, as prescribed in the Constitution, include:

· to provide technical heritage advice and recommendations in accordance with Council’s Heritage Development Control Plan for proposals affecting heritage items and heritage conservation areas;

· to comment on proposals affecting heritage items of importance;

· to assess and make recommendations for financial support to care for items of heritage;

· to assess nominations for the inclusion or removal of items from the heritage list; and

· to recommend and prepare submissions to funding agencies for grants to conserve heritage items.

The Committee meets monthly, or as required. It consists of a minimum of 9 volunteer members, namely:

· four nominated Councillors;

· three technical specialists; and

· two community representatives.

Three administrative support staff also attend the meetings who participate in discussions but are not entitled to vote.

Currently the Committee considers the following development application types:

· Demolition of an item of local, regional, state or national significance;

· Demolition of a dwelling or building in a Heritage Conservation Area;

· Substantial alterations to an item, its exterior and interior, other than a minor or sympathetic rear addition;

· Erection of a new two storey dwelling in a part of a Heritage Conservation Area characterised by single storey houses;

· Seniors Living Developments in either a Heritage Conservation Area and/or involving a heritage item; and

· If, in the opinion of Council’s Heritage Officer, the project’s complexity and/or severity of its impact on the significance of the item or area warrants the Committee’s comments.

Council’s Manager of Strategic Planning and Heritage Planner manage all other heritage referrals and related projects.

Heritage Committee Review Options

In accordance with Council’s resolution to review the operation of the Committee, the following discussion provides a summary of the proposed structural and procedural options, comments on the proposed options and a recommendation.

Structural Options

1. Retain Current Heritage Committee

This option would include retaining the current structure of the Heritage Advisory Committee, consisting of a minimum of nine volunteer members, including four nominated Councillors, three technical specialists and two community representatives. Three support staff also attend the meetings who participate in discussions but are not entitled to vote.

Comment:

In its present format, the Heritage Advisory Committee provides an important source of knowledge and technical advice in respect to heritage matters. Technical specialists provide invaluable professional advice and the community representatives contribute an important representation of local community values at minimum cost to Council. Volunteer membership limits the time and tasks that can be requested by Council.

Councillor involvement at the Committee level allows matters to be discussed with support and understanding, particularly when applicants present development proposals to the Committee, or when heritage issues are raised at Council meetings.

Whilst the Committee is comprised of nine members, meetings are successfully conducted with a minimum of five. Where this occurs, there is an increased reliance on those in attendance to participate. Therefore, retaining the current composition appropriately accounts for the possibility of the absence of members which occurs from time to time.

The cost of conducting Committee meetings at present is approximately $8,630 per annum and includes paid overtime of support staff and catering for refreshments.

Recommendation:

That the existing composition of the Committee be retained with cost savings obtained by amending the procedures as discussed below.

2. Restructure the Heritage Committee

This option would include reducing Committee Membership to a minimum of one nominated Councillor, two technical specialists, two community representatives and one support staff person who is entitled to vote. Should a member be unable to attend a meeting, he/she may nominate another delegate to act on their behalf.

Comment:

Reducing the Committee to consist of a minimum of six members would streamline discussions and increase dependence on a key number of members to participate in each meeting. Emphasis would remain on technical advice provided by specialists and the consideration of local community values.

The structure would increase the responsibility of the volunteer members and the Councillor and staff member who attend each meeting. Election of a delegated member in their absence may disrupt the operation of the Committee and impede its capability to efficiently assess items referred for comment.

By reducing the Committee membership, associated costs for paid overtime of support staff and catering for refreshments could be reduced by approximately $5,440 per annum.

Recommendation:

This option may compromise the ability of the Committee to provide technical advice and is therefore not recommended.

3. Assessment by the Planning Division

This option would involve replacing the Heritage Committee with internal staff assessment by the Heritage Planner / Manager Strategic Planning.

Comment:

The assessment of heritage referrals by staff instead of the Heritage Advisory Committee would substantially reduce the timeframe for the determination of heritage related development applications and administration requirements for the Strategic Planning Branch. Associated costs for paid overtime of support staff and catering for refreshments could also be reduced by approximately $8,630 per annum.

Removal of the Heritage Advisory Committee would reduce the technical heritage advice available to Council and the involvement of elected Councillors. Although Council currently employs a Town Planner with heritage experience, the resolution of Council to increase the value of technical advice would not be met.

Recommendation:

This option does not achieve the objective of improving the focus on technical advice.

4. Expert Panel

This option would include replacing the Heritage Committee with a volunteer Expert Panel comprising of two technical specialists and two community representatives.

Comment:

An expert panel would not be represented by Councillors and would focus on technical advice and consideration of local community values. This format has the potential to streamline the assessment and determination of heritage related development applications and reduce the administrative requirements of the Strategic Planning Branch.

The disadvantage of an Expert Panel is that local knowledge and the pragmatic approach of Councillors and staff may be lost. Furthermore, membership by only four members would demand a greater commitment to maintain the effectiveness of the panel.

By reducing Committee membership, approximately $8,630 per annum of associated costs could be saved.

Recommendation:

This option would not achieve the objective of improving the focus on technical advice.

5. External Consultant

This option would include replacing the Heritage Committee with an external consultant involving a fee for service.

Comment:

The use of an external consultant would require the advertising of expressions of interest and the selection of a panel of consultants who would be engaged on a fee for service basis. To ensure that value for money is provided, only complex or controversial matters would be referred with the majority assessed by staff. Similar to the option above, the use of external consultants has the potential to streamline the assessment and determination of heritage related development applications and reduce the administrative requirements of the Strategic Planning Branch.

The disadvantage of this option is the unknown cost of referring applications to external consultants versus the fixed cost and benefit provided by the voluntary services of the Committee.

Recommendation:

This option may not meet the objective of reducing costs.

Procedural Options

In addition to the above review of options for the structure of the Committee, the following options for amendment to the procedures of the Committee have been identified in response to Council’s resolution to achieve cost savings and improve the efficiency of operation of the Committee.

1. Redefine Criteria

Reduce criteria for the referral of applications to:

· if, in the opinion of Council’s Heritage Planner/Manager of Strategic Planning, the complexity and/or severity of the proposed development would have a substantial impact on the significance of an item or Heritage Conservation Area that warrants the Committee’s/ Panel’s comments.

Comment:

Reducing the criteria of applications would moderate the amount of work required of the Committee, the length of monthly meetings and the timeframe to process applications which no longer require referral. A reduction of referrals to the Committee could result in cost saving of approximately $4,450 per annum in paid overtime due to shorter meetings. It could also provide opportunities for the Committee to focus on strategic heritage planning issues.

The potential disadvantage of this option is the criteria applied to decide which applications are referred. Any perceived inconsistency may deteriorate the status of the Committee and/or the relationship with the Planning Branch.

Recommendation:

This option would not meet the objective of improving the focus on technical advice.

2. Issue Summary Report

Issue a summary report with draft recommendations prepared by the Planning Division.

Comment:

Provision of a summary report would decrease the duration time of matters discussed at meetings, assist the Committee in focusing on relevant issues, provide technical advice and improve the preparation and articulation of recommendations and resolutions to Council. As above, this could also lead to cost savings of approximately $4,450 per annum in paid overtime due to shorter meetings.

Issuing of a summary report would increase the preparation time for the Strategic Planning Branch prior to meetings. However, this would be offset by the time saved during meetings and the minimal work required for the preparation and endorsement of the minutes.

Recommendation:

This option meets the objective of achieving cost savings and will improve the quality of technical advice provided to the Committee. It is recommended that the Constitution and Procedures Manual be amended to accommodate this initiative.

3. Meeting Time

Meeting to take place during business hours.

Comment:

Conducting Committee meetings during business hours would benefit the support staff, increase the accessibility to other planning staff and Council resources if necessary, and provide a cost saving of approximately $8,630 per annum in paid overtime and refreshments.

The disadvantage of this option relates to the availability and eligibility of Councillors and volunteer members who have full time employment or other daytime commitments.

Recommendation:

This option meets the objective of achieving cost savings. However, it is not recommended as it would reduce the availability of Committee members.

4. Virtual Meetings

Conduct virtual meetings electronically with items assessed by Council’s Heritage Planner and a summary report (with supporting documentation) issued providing a draft recommendation. Committee members allowed up to 7 working days to comment on the proposed recommendation, with the Manager of Strategic Planning responsible for finalising the recommendation and resolving conflicting views.

Comment:

The proposal would involve conducting Committee meetings similar to Council’s existing Traffic Committee. Virtual meetings would dispense with unnecessary procedural matters, long discussions and unstructured comments during face-to-face meetings, and reduce the administration requirements of the Strategic Planning Branch. Virtual meetings could provide a cost saving of approximately $6,000 per annum in paid overtime and refreshments associated with not holding eleven monthly face-to-face meetings.

The disadvantage of not holding face-to face meetings is the reduced personal interaction between Committee members. Therefore, provision to request face-to-face meetings should still be provided. This may be accommodated by holding an Extraordinary Meeting or Workshop that is approved by the Chairman of the Committee and the Manager of Strategic Planning.

Recommendation:

This option meets the objective of achieving cost savings and will focus on providing technical advice. It is recommended that the Constitution and Procedures Manual be amended to accommodate the conduct of virtual meetings.

5. Re-define Role

Re-define the role of the Heritage Committee to assist Council with the following strategic heritage planning issues/projects:

· examining broad heritage issues;

· identification and review of heritage listed items;

· historical research and input of information for inventory sheets of heritage listed items and conservation areas;

· input into heritage programming, exhibitions, education and events; and

· to provide technical heritage advice to support Council’s Heritage Planner/Manager of Strategic Planning on proposals affecting heritage items and heritage conservation areas.

Comment:

In recent years, the Committee has focused primarily on the assessment of development matters and less on the general promotion and management of heritage in Hornsby Shire. There is potential to re-define the role of the Committee to promote heritage sites and events, assist with research and participate in strategic planning projects. This will benefit the Committee by assisting the Heritage Planner and may reduce costs paid to external consultants.

Recommendation:

This option would meet the objective of improving the focus on technical advice and achieving cost savings. It is recommended that the Constitution and Procedures Manual be amended to accommodate this redefined role of the Committee.

Governance of the Committee

The Committee currently operates under Section 377 of the Local Government Act 1993. This requires that the Committee operate in accordance with the procedures established by the Local Government (General) Regulation 2005, that require meetings to be held face-to-face, chaired by a Councillor and the keeping of minutes.

The proposal to establish a virtual committee requires flexibility not provided by the Regulations. Similar to the existing Traffic Committee, it is proposed that the Constitution and Procedures Manual no longer reference the Local Government Act. This will enable the Committee to conduct its ordinary business within a virtual environment thus achieving cost savings in terms of staff and catering.

To address the situation where face-to-face meetings are required, the amended Constitution and Procedures manual provides for Extraordinary Meetings and Workshops when the need arises.

Amendments to the Constitution and Procedures Manual

The Constitution is a document that sets out the governance framework for the operation of the Heritage Advisory Committee. The Constitution specifies the name of the Committee, purpose, objectives, delegated authority and structure or running of the meetings.

The Procedures Manual is the document that sets out how the Committee operates, how decisions are made, accountability and responsibilities. The Procedures Manual also determines how the Committee members are to interact with the running of meetings.

In accordance with the comments and recommendations discussed above, the following amendments to the Constitution and Procedures Manual are proposed.

Constitution

· Remove reference to Section 377 of the Local Government Act 1993;

· Specify that a quorum for virtual meetings is not required;

· Update the objectives to incorporate the provision of advice and assistance on strategic heritage planning issues/projects and the annual heritage awards;

· Update meeting formats to include virtual meetings, extraordinary meetings and workshops;

· Include the requirement for a summary report to accompany virtual meetings and agenda items for extraordinary meetings; and

· Include a clause outlining the requirements for individual and group site visits.

Procedures Manual Amendments

· Update background information on heritage in Hornsby Shire;

· Update the functions of the Committee to incorporate endorsement of heritage programming, exhibitions, education and events, provision of advice and assistance on strategic heritage planning issues/projects and technical advice as required;

· Remove reference to operation of the Committee under Section 377 of the Local Government Act 1993;

· Update meeting formats to include virtual meetings, extraordinary meetings and workshops;

· Include the requirement for a summary report to accompany virtual meetings and agenda items for extraordinary meetings;

· Update references to the Strategic Planning Branch and delegated authority of the Manager, Strategic Planning;

· Update requirements and procedures for preparing the Agenda and Minutes;

· Update reference for Committee members to undertake individual site visits;

· Include references to the draft HLEP in addition to the HSLEP 1994;

· Update requirements for representations to the Committee in regards to the new meeting structure;

· Update Code of Conduct and legal issues; and

· Update Work Health and Safety Training information.

Review of Technical Specialist and Community Representative Members

The current members of the Heritage Advisory Committee consist of four nominated Councillors, two technical specialists and two community representatives. The current Committee structure requires membership of at least three technical representatives. However, the third representative resigned in January 2013. Their replacement was deferred until consideration of the Heritage Committee Options Review.

Councillor representation on the Committee was recently reviewed when the nominated Councillors were elected during the Council meeting on 17 October 2012 and a further report on Councillor representation on Committees will be considered by Council at its meeting on 18 September 2013. The technical specialist and community member representation on the Committee however, has not been reviewed since expressions of interest were sought for a vacant position in November 2009.

Section 6 of the Procedures Manual sets out that public submissions should be called every two years for the technical and community representatives. Given that more than three years has elapsed since the last review, it is appropriate to advertise the positions. The purpose of the review is to ensure that the Committee maintains a balance of membership, equality of representation and that all members are able to undertake the core duties and responsibilities.

Should Council support the advertising of the positions, a further report would be prepared upon evaluation of nominations.

CONSULTATION

In accordance with Council’s resolution, the Heritage Advisory Committee at its meeting on 4 June 2013, was presented with proposed structural and procedural options for comment. The matter was further considered at the Committee’s meeting on 2 July 2013 with a summary of comments for each option provided in Attachment 1. The recommended amendments to the Constitution and Procedures Manual were presented to the Committee for comment on 22 July 2013 and were further discussed at the Committee’s meeting on 6 August 2013. The recommendations of this report are generally consistent with feedback from Committee members.

BUDGET

The recommended procedural options to conduct a virtual committee and prepare summary reports may reduce operating costs by approximately $6,000 per annum due to paid overtime and catering costs associated with the monthly face-to-face meetings. This saving is based on holding two to three face-to-face meetings per annum, as apposed to the eleven meetings currently held.

POLICY

There are no policy implications associated with this Report.

CONCLUSION

The Heritage Advisory Committee is a valuable resource that relies upon the technical and local knowledge of volunteer members. The review has re-affirmed the importance of maintaining representation of elected and volunteer members in the development assessment process. Without exposure to day-to-day development issues, local heritage knowledge could potentially diminish.

To achieve the objective of cost savings and improved technical advice, it is recommended that Council retain the existing Committee with amendments to the Constitution and Procedures Manual to facilitate virtual meetings, summary reports and re-defined role to increase the focus of the Committee on strategic matters.

It is also recommended that the membership of technical and community positions of the committee be advertised in accordance with Section 6 – Appointment of Members of the Procedures Manual. A further report will be provided upon the completion of this process.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Manager, Strategic Planning - Fletcher Rayner who can be contacted on 9847 6744.

Fletcher Rayner

Manager - Strategic Planning

Planning Division

James Farrington

Group Manager

Planning Division

Attachments:

1.View	Heritage Advisory Committee Comments
2.View	Constitution Updated 2013
3.View	Procedures Manual updated 2013

File Reference: F2013/00041

Document Number: D02142147

Date Lodged	Councillor/Designated Person (Position)	Reason for Lodgement
7 August 2013	Development Assessment Officer - Major Applications	New employee

1. Inspection by regulator of plumbing and drainage work not covered elsewhere in this Schedule (up to 2 inspections)	$185
2. Inspection by regulator of plumbing and drainage work involving alternative water supply system or recycled water supply system (up to 4 inspections)	$380
3. Additional inspection by regulator of plumbing and drainage work covered by items 1 and 2	$98 per inspection
4. Additional fee for after hours inspection of plumbing and drainage work (on weekends, public holidays and week days before 8 am or after 4 pm)	$782 per inspection

1.View	Council Meeting Order of Business - September 2013 - September 2014
2.View	Schedule of Council Meetings October 2013 - September 2014
3.View	Extract - Section 2(1) - Code of Meeting Practice

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

1.View	Map of Wellum Bulla Materials Handling Facility.
2.View	Acting Premier's Media Release - Men's Sheds

1.	Evaluation Report - T18/2013 - Supply and delivery of precast concrete drainage products - This attachment should be dealt with in confidential session, under Section 10A (2) (d) of the Local Government Act, 1993. This report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the council; or (iii) reveal a trade secret.
2.	Confidential Memo 27 August 2013 - Supply and Delivery of Precast Concrete Drainage Products - This attachment should be dealt with in confidential session, under Section 10A (2) (d) of the Local Government Act, 1993. This report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the council; or (iii) reveal a trade secret.

1.	Confidential Memo - T17/2013 - Cherrybrook Skatepark Upgrading - This attachment should be dealt with in confidential session, under Section 10A (2) (d) of the Local Government Act, 1993. This report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the council; or (iii) reveal a trade secret.
2.	Tender Evaluation Report - T17/2013 - This attachment should be dealt with in confidential session, under Section 10A (2) (d) of the Local Government Act, 1993. This report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the council; or (iii) reveal a trade secret.