Agenda of General Meeting - 20 November 2013

1.View	Locality Map
2.View	Stage 1 Floor Plan
3.View	Floor Plans
4.View	Stage 1 Site Plan
5.View	Site Plans
6.View	Elevations Plans
7.View	Demolition Plan

File Reference: DA/440/2013

Document Number: D02201944

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.

STAGE 1 – SUBDIVISION AND ASSOCIATED WORKS

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*
Site Plan – Issue C	Tranter Enterprises	30/8/2013
Site 1 – Existing Floor Plan – Issue A	Tranter Enterprises	7/10/2013
Site Tree Location Plan	Hornsby Shire Council	June 2013

2. Removal of Existing Trees

This development consent only permits the removal of trees Nos. 1 and 2 as identified on Site Tree Plan prepared by Hornsby Council dated June 2013. The removal of any other trees requires separate approval under Council’s Tree Preservation Order.

REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

3. Building Code of Australia

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

4. Contract of Insurance (Residential Building Work)

In the case of residential building work for which the Home Building Act, 1989 requires there to be a contract of insurance in force in accordance with Part 6 of that Act, that such a contract of insurance is in force before any building work authorised to be carried out by the consent commences.

5. Water/Electricity Utility Services

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

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

6. Road Works

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

a) Concrete kerb and gutter and pavement shall be constructed along the full frontage of the development site, together with footpath formation, necessary drainage and sealing of road pavement between the existing pavement and lip of the gutter.

b) The kerb and gutter on the northern side of the development site shall be extended beyond the northern boundary up to the stormwater discharge point for the pipe outlet from proposed Lot 1

c) The existing road pavement to be saw cut a minimum of 300 mm from the existing edge of the bitumen and reconstructed.

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

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

7. 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.

8. 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.

9. Toilet Facilities

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

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

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

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

10. Erosion and Sediment Control

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

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

11. Tree Protection Barriers

Tree protection fencing must be erected around tree numbered 3 to be retained at a four metre setback. The tree fencing must be constructed of 1.8 metre ‘cyclone chainmesh fence’.

12. 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 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. 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.

15. Street Sweeping

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

16. Works Near Trees

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

The applicant is to ensure that no excavation, filling or stockpiling of building materials, parking of vehicles or plant, disposal of cement slurry, waste water or other contaminants is to occur within 4 metres of any tree to be retained.

REQUIREMENTS PRIOR TO THE ISSUE OF 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. Sydney Water – s73 Certificate

An s73 Certificate must be obtained from Sydney Water.

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. 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.

20. Creation of Easements

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

a) The creation of a “Positive Covenant” over proposed lots 1 and 2 requiring that any future development is to drain to Flora Avenue and 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.

21. Section 94 Development Contributions

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	$740.00
Open Space and Recreation	$16,820.00
Community Facilities	$2,360.00
Plan Preparation and Administration	$80.00
TOTAL	$20,000.00

being for one additional allotment and a detached dwelling-house on each allotment.

a) 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:

$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.

b) 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.

22. Maintain Canopy Cover

To maintain canopy cover, two medium to large trees selected from Council’s booklet ‘Indigenous Plants for the Bushland Shire’ are to be planted on the subject site. The planting location shall not be within 4 metres of the foundation walls of a dwelling or in-ground pool.

Trees must be native to Hornsby Shire and have the potential to reach a mature height greater than twelve metres (12m).

The pot size is to be a minimum 25 litres and the tree(s) must be maintained until they reach the height of three metres (3m).

Plantings that fail to survive or do not exhibit normal health and vigour growth characteristics for their species prior to reaching a height greater than three metres (3m), must be replaced at the expense of the property owner.

STAGE 2 – CONSTRUCTION OF TWO DETACHED DWELLINGS

23. Approved Plans and Supporting Documentation

*Plan No.*	*Drawn by*	*Dated*
Demolition Plan	Tranter Enterprises	30/8/2013
Site 1 – Ground Floor Plan – Issue C	Tranter Enterprises	30/8/2013
Site 1 – Upper and Lower Floor Plan – Issue B	Tranter Enterprises	11/7/2013
Site 1 – Rear/North Elevations – Issue B	Tranter Enterprises	11/7/2013
Site 1 – Front/South Elevations – Issue A	Tranter Enterprises	18/2/2013
Site 1 – Section	Tranter Enterprises	18/2/2013
Site 1 – Landscape Plan – Issue C	Tranter Enterprises	30/08/2013
Site 1 – Roof Plan – Issue C	Tranter Enterprises	30/8/2013
Site 2 – Ground Floor Plan – Issue C	Tranter Enterprises	30/8/2013
Site 2 Upper and Lower Floor – Issue – B	Tranter Enterprises	18/8/2013
Screening Strategy – Issue A	Tranter Enterprises	17/8/2012
Site 2 – Front/South Elevations – Issue – B	Tranter Enterprises	18/8/2013
Site 2 - South/Rear Elevations – Issue – B	Tranter Enterprises	18/8/2013
Site 2 – Section	Tranter Enterprises	18/8/2013
Site 2 – Landscape Plan – Issue C	Tranter Enterprises	30/8/2013
Site 2 – Roof Plan – Issue C	Tranter Enterprises	30/8/2013

Supporting Documentation

*Plan No.*	*Drawn by*	*Dated*
BASIX Certificate Nos. 468631S and 468596S	Noa Tranter	2/4/2013
Stormwater Management Plan – SWO1 – Issue D	RPG Engineers	February 2013
Stormwater Management Plan – SWO2 – Issue D	RPG Engineers	February 2013

24. Amendment of Plans

The approved plans are to be amended as follows:

a) Privacy screening to a height of 1.8m is to be provided on the proposed dwelling on Lot 2 as marked in red on the approved Ground Floor Plan and Upper and Lower Floor Plan.

REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

25. Building Code of Australia

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

26. Contract of Insurance (Residential Building Work)

27. 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.

28. Stormwater Drainage – Dwellings

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

a) Be generally in accordance with Drawing No. SW01 and SW 02 Issue D by RPG Engineers for the respective lot.

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

c) The surface runoff form the proposed driveway area for both lots shall be drained to the kerb and gutter in Flora Avenue.

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.

29. On Site Stormwater Detention

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

a) Be generally in accordance with Drawing No. SW01 and SW 02 Issue D by RPG Engineers for their respective lot.

b) Have a capacity of not less than 5 cubic metres, and a maximum discharge (when full) of 8 litres per second.

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

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

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

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

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.

30. 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 per plan metre.

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.

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

31. 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.

32. 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.

33. 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.

34. 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.

35. Tree Protection Barriers

Tree protection fencing must be erected around tree numbered 3 to be retained at a four metre setback. The tree fencing must be constructed of 1.8 metre ‘cyclone chainmesh fence; and

REQUIREMENTS DURING CONSTRUCTION

36. 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.

37. 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;

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; and

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.

38. Environmental Management

39. Street Sweeping

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

40. Works Near Trees

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

41. 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.

42. 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.

43. 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.

44. 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 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.

45. Fulfilment of BASIX Commitments

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

46. 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.

- 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.

Long Service Levy

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

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

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

Tree Preservation Order

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

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

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

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

Fees and Charges – Subdivision

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

Group Manager’s Report No. PL81/13

Planning Division

Date of Meeting: 20/11/2013

13 DEVELOPMENT APPLICATION - DWELLING-HOUSE - 1B MARY STREET, BEECROFT

EXECUTIVE SUMMARY

DA No:	DA/498/2013 (Lodged 17 May 2013)
Description:	Erection of a two storey dwelling-house on a vacant allotment
Property:	Lot 2 DP 1168541, No. 1B Mary Street, Beecroft
Applicant:	Rawson Homes Pty Ltd – North Strathfield
Owner:	Mr Adam Robert Oslen, Mr Robert High Olsen and Mrs Margaret Amy Olsen
Estimated Value:	$401,690
Ward:	C

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

· The proposed dwelling-house 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.

· Three 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/498/2013 for the erection of a dwelling-house at Lot 2 DP 1168541, No. 1B Mary Street, Beecroft subject to the conditions of consent detailed in Schedule 1 of Group Manager’s Report No. PL81/13.

BACKGROUND

On 10 December 1999, Council granted consent (DA/1173/1999) for subdivision of one allotment into two allotments at No. 100 Beecroft Road, Beecroft, resulting in a new vacant lot (namely 1B Mary Street).

On 17 May 2013, an application was lodged for the erection of a two-storey dwelling-house on the vacant lot. The application is subject of this report.

On 3 October 2013, the applicant submitted amended plans addressing heritage concerns raised by Council in relation to front setback, landscaping and size and width of the first floor verandah.

SITE

The site has an area of 601.1m² and is located on the southern side of Mary Street, Beecroft. The site is currently vacant. The site is generally flat with a gentle fall towards the rear, south-western corner.

The site is located within the Beecroft/Cheltenham Heritage Conservation Area listed under the provisions of Schedule E (Heritage Conservation Areas) of the HSLEP 1994. The property forms part of the property description for a heritage item Vintage Cellars Building adjacent to the subject property at No. 100 Beecroft Road.

The property is also located in the immediate vicinity of the following heritage items of Local significance under the provisions of Schedule D (Heritage Items) of the HSLEP 1994:

· No. 104 Beecroft Road (Nakinda);

· No. 1 Mary Street (Presbyterian Church);

· No. 3 Mary Street (House and Garden); and

· No. 96 Beecroft Road (Beecroft Public School).

There is a sewer line that runs across the rear property boundary.

The surrounding area primarily consists of low density residential dwelling-house with a mix of both single and double storey developments. Beecroft Primary School is located on the opposite side of Mary Street. An aged care facility is located adjacent to the west of the subject site and a commercial facility (Vintage Cellars) is located adjacent to the east of the subject site.

The Beecroft railway station is location approximately 400 metres from the site and there are bus services that operate on Beecroft road.

PROPOSAL

The application proposes the erection of a two storey dwelling-house and associated works. The ground floor level would comprise a porch, entry foyer, lounge, family, dining, kitchen with walk in pantry, double garage, rumpus/theatre and a covered alfresco area. The first floor level would comprise four bedrooms, walk-in-wardrobe, ensuite, bathroom and a leisure room.

The application proposes the installation of an air-conditioning unit, a 3,500 litre rainwater tank, the construction of a driveway and landscape works. The proposal also involves a front boundary fence with a height of 1.5 metres constructed of sand stone cap with rock face edging, masonry brick pier and heritage metal panel colour to match the house.

ASSESSMENT

1. STRATEGIC CONTEXT

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

The North Subregion comprises Hornsby, Kuring-gai, Manly, Warringah and Pittwater Local Government Areas. The Draft North Subregional Strategy provides a framework for Council in the preparation of the Hornsby LEP 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

· 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 dwelling contributing to the achievement of Council’s dwelling target.

2. STATUTORY CONTROLS

2.1 Hornsby Shire Local Environmental Plan 1994

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

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

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

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

The proposed development is defined as “dwelling-house” under the HSLEP and is permissible in the Residential AS (Low Density – Sensitive Lands) zone with Council’s consent.

Clause 15 of the HSLEP prescribes that the maximum floor space ratio (FSR) of development within the Residential AS zone is 0.4:1. The proposed development has a FSR of 0.46:1, which does not comply with this standard. To address this matter, the applicant has submitted an objection to the standard under State Environmental Planning Policy No. 1 - Development Standards (SEPP 1), which is assessed in Section 2.3.

2.2 Hornsby Shire Local Environmental Plan 2013

The Hornsby Local Environmental Plan 2013 was made on 27 September 2013 and came into effect on 11 October 2013. The HLEP includes a savings provision stating that if a development application is made and not finally determined before the commencement of the HLEP 2013, the application must be determined as if the Plan had been exhibited but not commenced. The relevant provisions of the HLEP are addressed below.

Under the HLEP, the subject land is zoned R2 (Low Density Residential) and a “dwelling-house” is permissible within the zone with Council’s consent. The HLEP also indicates a maximum building height control of 8.5m applicable to the site. The proposed dwelling-house complies with this control.

2.3 State Environmental Planning Policy No. 1 – Development Standards

The proposed dwelling-house has a gross floor area of 275.8m2 resulting in a floor space ratio (FSR) of 0.46:1. The FSR exceeds the maximum 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 SEPP 1.

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 therefore) 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 of purpose would be defeated or thwarted if compliance was required and therefore compliance is unreasonable;

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

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:

· In accordance with the Hornsby Shire Local Environment Plan 1994 Clause 15, the current floor space ratio is 0.4:1. The proposed floor space ratio is 0.46:1 would result in a minor variation to the maximum that is permitted by Council of 15%.

· The proposal complies with all the other objectives of Council’s LEP.

· 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 and open space.

· There is no perceived impact on the streetscape and adjoining properties by the proposed development and it will compliment and blend with the character of the area whilst adhering to the objectives of the zone and the environment.

· The proposed development generally complies with all other controls within the current Development Control Plan.

· Hornsby Council has a new Local Environment Plan 2013 and Development Control Plan 2013 gazetted on 27 September 2013 and came into effect on 11 October 2013. Under these revised planning instruments, the proposed development would be in compliance with the floor area standard of 330m2 with a lot size between 450m2 to 599m2. Given that this is the direction Council is taking, consideration should be given to this proposed development.

· The proposed development complies with the objectives set out in section 5 (a) (i) and (ii). The proposed development will be constructed on an existing allotment which is considered orderly and economic use of the land and proposed development which will not affect the social and economic welfare and environment of the area.

· 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.

· The proposed dwelling generally complies with all controls within the DCP. Consideration has been given to overshadowing and visual bulk to ensure that there are no unreasonable impacts on adjoining properties. The second storey of the proposed dwelling comprises predominantly bedrooms and bathrooms which are considered low trafficable areas.

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 as the proposal is considered to meet the zone objectives outlined in the HSLEP.

In addition to the above, 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 380m², if the lot has an area of at least 600m² but less than 900m². Accordingly, if applicable, the development (having a floor area of 275.8m²) would satisfy the maximum floor area development standard under the NSW Housing Code.

In the instance, the site is located in a Heritage Conservation Area and forms part of the property description for a heritage item Vintage Cellars Building adjacent to the subject property and therefore, the NSW Housing Code does not apply, similar sized allotments within the locality could accommodate a dwelling of 380m²under the provisions of the NSW Housing Code. However, 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.

In summary, the additional floor space would not impact on the environmental or amenity aspects of the site or adjacent development. The scale of the development is also consistent with the bulk and scale of developments promoted as being appropriate in low density zones across the State.

Accordingly, the SEPP1 objection is considered well founded and acceptable in this instance.

2.4 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005

The site is located within the catchment of the Sydney Harbour Catchment. Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 aims to protect the environment of the Sydney Harbour Catchment by ensuring that the impacts of future land uses are considered in a regional context.

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.

2.5 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. 482254S for the proposed units and is considered to be satisfactory.

2.6 Section 94 Contribution

A Section 94 contribution was levied when the subject lot was subdivided from No. 100 Beecroft Road under DA/1173/1999. Accordingly, a Section 94 contribution is not applicable to the new dwelling.

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

2.8 Hornsby Development Control Plan 2013

The Hornsby Development Control Plan (HDCP) 2013 applies to all land within Hornsby Shire and will replace Council’s existing DCPs, providing development controls to complement the HLEP 2013. The HDCP came into effect on 11 October 2013.

The following sections of this report include a detailed assessment of the proposal against Council’s existing DCP controls. Although the HDCP was not in force at the date of lodgement of this application, the development proposal has been assessed against the Plan.

The HDCP is generally a transition of Council’s existing DCPs into a consolidated plan. When assessed against the HDCP, the proposed development would comply with all elements (including floor area) except for the side and rear boundary setbacks and first floor level entertaining area.

The HDCP states that single storey elements of dwelling-houses should have a 900mm side boundary setback with two storey elements having a 1.5 metre side boundary setback. The proposed design includes a two storey element which protrudes from the side elevation towards the eastern boundary with a 950mm side boundary setback, the balance of the dwelling would comply with the prescriptive measures of the Setbacks element.

The first floor level leisure room would not comply with the Privacy element of the HDCP which states that “living and entertaining areas of dwelling houses should be located on the ground floor and orientated towards the private open space of the dwelling house and not side boundaries”. Notwithstanding this, the leisure room would be orientated towards the street and would not have any windows on the side elevations. The ground floor level would have a rumpus, family and dining room located to the rear of the dwelling which would have direct access to the private open space to the rear of the allotment.

The proposal meets the objectives of the HDCP and is considered acceptable.

2.9 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 DCP
Control	Proposal	Requirement	Complies
Floor Space Ratio	0.46:1	0.4:1	No
Site Cover	34%	40%	Yes
Setbacks
Front	6m	6m	Yes
Side (east)	0.95m	1m	No
Side (west)	2.3m	1m	Yes
Rear	7.8m	3m	Yes
Design
Height	7.5m	<9m	Yes
Unbroken Wall Length	8.5m	10m	Yes
Building Length	21.8m	24m	Yes
Cut and Fill	<1m	1m	Yes
Private Open Space	>120m²	120m²	Yes
Landscaped Area	>45%	45%	Yes
Car Parking
No. of spaces	2 spaces	2 spaces	Yes
Garage Size	Double	Single 3m x 6m Double 6m x 6m	Yes
Solar Access
Windows to north-facing living rooms on adjoining land	>3 hours on 22 June	3 hours on 22 June	Yes
Private open space on adjoining land	>4 hours on 22 June	4 hours on 22 June	Yes

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

2.9.1 Scale

The proposed development would generate a floor space ratio of 0.46:1 which does not comply with the 0.4:1 prescriptive measure of the Scale element. The matters relating to floor space ratio have been discussed above under Section 2.3 of this report.

2.9.2 Setbacks

The proposed 950mm side boundary setback on the eastern elevation does not comply with the 1 metre prescriptive measure of the Setback element. Notwithstanding this, the minor encroachment is considered acceptable in this instance as there would not be any privacy or overshadowing impacts.

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

2.9.3 Solar Access

The Solar Access element states that dwelling-houses should be designed “to allow 3 hours of sunshine to the north-facing windows serving living rooms and 4 hours of sunshine to private open spaces between 9am and 3pm on 22 June (winter solstice)”.

The shadow diagrams submitted indicate that the shadows from the proposed development at 9am on 22 June would be cast over the eastern aspect of the adjoining property at No. 1 Mary Street. The shadow cast at 12 noon would be contained within the subject site.

The shadow cast at 3pm would extend over a portion of the western aspect of the adjoining property at No. 100 Beecroft Road and over a portion of the northern aspect of the adjoining property at No. 102 Beecroft Road and No. 2 Welham Street. However, the proposal would comply with the prescriptive measures of the Solar Access element by maintaining a minimum of 3 hours of solar access to adjacent properties.

2.9.4 Privacy

The proposed first floor level leisure room does not comply with the prescriptive measure of the Privacy element which states that living and entertaining areas should be located on the ground floor level.

The leisure room would be orientated towards the street and would not have any windows facing the side boundaries. As a consequence, the first floor level leisure room would not create any additional privacy impact.

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

2.9.5 Flora and Fauna Protection

The proposed dwelling-house would be located within the Tree Protection Zone of one significant tree located on the adjoining property at No. 1 Mary Street. The tree is located within 3 metres of an existing approved structure on No. 1 Mary Street and as a result is exempt from Council’s Tree Preservation Order. The applicant has submitted a written consent from the owners of 1 Mary Street stating that they have no objection to the removal of the tree.

2.10 Heritage Development Control Plan

The site is also located in the immediate vicinity of the following heritage items of Local significance under the provisions of Schedule D (Heritage Items) of the HSLEP 1994:

· No. 104 Beecroft Road (Nakinda);

· No. 1 Mary Street (Presbyterian Church);

· No. 3 Mary Street (House and Garden); and

· No. 96 Beecroft Road (Beecroft Public School).

On 3 October 2013, the applicant submitted amended plans addressing heritage concerns raised by Council, which included:

· front setback to be consistent with the existing streetscape;

· a landscape plan to be submitted;

· reduced size and width of the first floor verandah posts to reduce the vertical bulk and scale of the proposed development and introduce a break within the western façade.

The amended plans submitted address the heritage and design issues raised. Accordingly, Council’s heritage assessment of the proposal concludes that the dwelling has been appropriately designed to complement the bulk and scale of the existing development in the surrounding area and the landscape plan provides for a suitable front garden to be planted in character with the surrounding streetscape.

Accordingly, the proposed development would not create an adverse impact on the surrounding heritage items and the character of the heritage conservation area. The proposal meets the objectives of the Heritage Development Control Plan and is considered acceptable.

3. ENVIRONMENTAL IMPACTS

3.1 Natural Environment

As discussed above under Section 2.7.5 “Flora and Fauna Protection”, the proposal would have a negligible impact on the natural environment.

3.2 Built Environment

The design of the proposed dwelling-house would not create an adverse impact on the streetscape or built environment in the surrounding area. The proposal would result in a built form consistent with the character of development permissible in the locality.

3.3 Social Impacts

The proposed development would not create any adverse social impacts to the surrounding area.

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”.

The site is considered to be capable of accommodating the proposed development. The scale of the proposed development is consistent with the capability of the site and is considered acceptable.

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 23 May 2013 and 6 June 2013 in accordance with Council’s Notification and Exhibition Development Control Plan. During this period, Council received 3 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
2 SUBMISSIONS RECEIVED OUT OF MAP RANGE

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

· Unacceptable overshadowing of adjoining properties;

· Unacceptable height of the proposed development;

· Design inconsistent with surrounding developments and heritage items; and

· Inaccurate Information.

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 Unacceptable Height of the Proposed Development

A submission raises concern about the height of the proposal, expressing the view that the development should be single storey in height.

The prescriptive measures of the Height element in the Dwelling-house DCP states that “two storey dwelling-houses should not exceed 9 metres in height”. The proposed development has a maximum height of 7.5 metres, which complies with this prescriptive measure.

The height of the proposed development is compatible with the surrounding developments, does not create solar access issues and/or any privacy impacts to any of the adjoining properties.

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

5.1.2 Design Inconsistent with Surrounding Developments and Heritage Items

One submission raises concern in regards to the design of the proposed development being inconsistent with the surrounding developments and heritage items.

The proposed design generally provides a palette of colours and materials sympathetic to the surrounding development. Although the use of painted cladding for the majority of a façade material is not encouraged for the Beecroft Conservation Area, the proposed development is surrounded by buildings of painted brickwork, and the use of painted cladding would not have an adverse impact. The front setback of the proposed development is in line with the existing development within the streetscape. The front façade is appropriately designed to complement the bulk and scale of the surrounding developments.

Furthermore, the applicant has submitted a landscape plan providing suitable landscaping and front garden to be planted in character with the surrounding development.

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

5.1.3 Inaccurate Information

One submission raises concern in regards to the ‘inaccuracy’ of the shadow diagrams submitted with the Development Application as they incorrectly reference the development at 1 Mary Street, Beecroft, as a ‘two-storey brick residence’ instead of an aged care facility.

The shadow diagrams are considered accurate in relation to providing solar access information. The inaccurate reference of the adjoining development at 1 Mary Street, dos not prevent Council to carry out a full and proper assessment of the proposal.

6. THE PUBLIC INTEREST

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

CONCLUSION

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

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

Council received three submissions in response to notification of the proposed development. The matters raised have been addressed in the body of the report.

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

1.View	Locality Map
2.View	Site Plan
3.View	Floor Plans
4.View	Elevations and Sections
5.View	Sediment Control Plan
6.View	Shadow Diagram
7.View	Landscape Plans

File Reference: DA/498/2013

Document Number: D02345649

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.*	*Drawn by*	*Dated*
Site Plan DRWG No. 2 (Issue C)	Rawson Homes	22.03.12
Ground Floor Plan DRWG No. 3 (Issue C)	Rawson Homes	22.03.12
First Floor Plan DRWG No. 4 (Issue C)	Rawson Homes	22.03.12
Elevations 1-2 DRWG No. 5 (Issue C)	Rawson Homes	22.03.12
Elevations 3-4 DRWG No. 6 (Issue C)	Rawson Homes	22.03.12
Section DRWG No. 7 (Issue C)	Rawson Homes	18.04.13
Sediment Control Plan DRWG No. 10 (Issue C)	Rawson Homes	18.04.13
Shadow Diagram DRWG No. 11 (Issue C)	Rawson Homes	18.04.13
Landscape Plan (2 sheets) (Issue DA)	Daniell, Dagger Design Landscapes	Undated

*Document No.*	*Prepared by*	*Dated*
Statement of Environmental Effects	Local Consultancy Services Pty Ltd	May 2013
SEPP 1 Objection – Floor Space Ration	Local Consultancy Services Pty Ltd	May 2013
Waste Management Plan	Rawson Homes	09.05.13
BASIX Certificate – 482254S	Energy Ratings Australia Pty Ltd	10 May 2013
External Colour Selections	Rawson Homes	Undated

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.

6. Stormwater Drainage – Dwellings

a) Rooflines and above ground areas are to be connected to the proposed on-site detention and water harvesting system, and thereafter to the Council-controlled drainage system in Mary Street.

b) Ground level paved and landscaped areas are to be drained directly to the Council-controlled drainage system in Mary Street.

7. On Site Stormwater Detention

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

a) Have a capacity of not less than 5 cubic metres, and a maximum discharge (when full) of 8 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) Where designed and constructed above ground and the average depth is greater than 0.3 metres, a ‘pool type’ safety fence and warning signs to be installed.

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

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

8. Erection of Construction Sign

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

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

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

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

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

9. Toilet Facilities

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.

10. 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

11. 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.

12. Council Property

13. 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.

14. 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.

15. Fulfilment of BASIX Commitments

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

16. Internal Driveway/Vehicular Areas

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

17. 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.

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.

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. Creation of Easements

The following matter(s) must be nominated on the plan of subdivision under s88 of the Conveyancing Act 1919:

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

20. Installation of Air Conditioner

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

- END OF CONDITIONS -

ADVISORY NOTES

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

Environmental Planning and Assessment Act, 1979 Requirements

The Environmental Planning and Assessment Act, 1979 requires:

· The issue of a construction certificate prior to the commencement of any works. Enquiries 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

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

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

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

Dial Before You Dig

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

Asbestos Warning

Should asbestos or asbestos products be encountered during demolition or construction works, you are advised to seek advice and information 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:

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

Group Manager’s Report No. PL94/13

Planning Division

Date of Meeting: 20/11/2013

14 DEVELOPMENT APPLICATION - TEN STOREY MIXED USE DEVELOPMENT COMPRISING 73 RESIDENTIAL UNITS - 258 AND 262-264 PENNANT HILLS ROAD, THORNLEIGH

EXECUTIVE SUMMARY

DA No:	DA/691/2013 (Lodged 5 July 2013)
Description:	Ten storey mixed use residential flat development comprising 73 residential units and 5 commercial units and demolition of existing structures
Property:	Lot 19 DP 836230, Lot 18 DP 836230, Nos. 258 and 262-264 Pennant Hills Road, Thornleigh
Applicant:	Ezzy Architects Pty Ltd
Owner:	Darren Ching Bong Kwan and Angela Kam Mun Kwan
Estimated Value:	$19,984,000
Ward:	C

· The application proposes the erection of a ten storey mixed use residential flat development comprising 73 residential units and 5 commercial units and demolition of existing structures.

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

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

· It is recommended that the application be approved as a deferred commencement subject to the submission of a final geotechnical and structural report/drawing that meet RailCorp’s requirements.

RECOMMENDATION

THAT Development Application No. DA/691/2013 for the erection of a ten storey mixed use residential flat development comprising 73 residential units and 5 commercial units and demolition of existing structures at Lot 19 DP 836230, Lot 18 DP 836230, Nos. 258 and 262-264 Pennant Hills Road, Thornleigh be approved as a deferred commencement pursuant to Section 80(3) of the Environmental Planning and Assessment Act, 1979 subject to the conditions of consent detailed in Schedule 1 of Group Manager’s Report No. PL94/13.

BACKGROUND

The subject land is within a Business A (General) zone and was included in the ‘Pennant Hills Road, Thornleigh precinct’ for 8-10 storey mixed used development on 15 September 2011 as part of Council’s Housing Strategy.

SITE

The site comprises Nos. 258 and 262–264 Pennant Hills Road, Thornleigh. The site has an area of 1,509.8 square metres and is located on the corner of Pennant Hills Road, Bellevue Street and Railway Parade. The site is irregular in shape, with a frontage to Pennant Hills Road of 31.31 metres, a frontage of 51.71 metres to Bellevue Street and a frontage of 29.71 metres to Railway Parade. The site has a cross fall towards the rear, north-western corner of the site towards Railway Parade with an average grade of 3.6%.

The allotments comprising the development site contain three, single storey brick commercial buildings, joined by a common covered walkway. There are no significant trees located on the site. The site forms part of the Housing Strategy ‘Pennant Hills Road, Thornleigh precinct’ bounded by Pennant Hills Road, Bellevue Street and Railway Parade.

Surrounding development within the precinct includes a mix of business premises, including retail shops and commercial offices. The site is located approximately 100m north-east of Thornleigh Railway Station and approximately 160m from Thornleigh Marketplace Shopping Centre which is located on the south-eastern side of Pennant Hills Road.

PROPOSAL

The proposal is for the demolition of existing commercial buildings on site and construction of a ten storey mixed use development comprising 73 residential units, 5 commercial units and 3 levels of basement car parking.

The development consists of a three storey podium with a seven storey tower above. The residential unit configuration includes 23 x 1 bedroom units, 11 x 1 bedroom + study units, 32 x 2 bedroom units and 7 x 3 bedroom units. The units include balconies fronting the street, rear and side setbacks. Five commercial units comprising 866 square metres of commercial gross floor area are proposed on the ground floor level.

The development would be accessed from Railway Parade via a driveway located adjacent to the substation on the south-western side of the site. Pedestrian entry to each commercial unit is via existing footpaths on Pennant Hills Road and Bellevue Street. Pedestrian entry to the internal entry forecourt and lobby to the residential units is centrally located via the existing footpath on Bellevue Street. A total of 75 residential parking spaces, 12 visitor parking spaces and 22 commercial parking spaces are proposed over 3 basement levels.

ASSESSMENT

1. STRATEGIC CONTEXT

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

· 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 73 dwellings towards Council’s dwelling target. The development would also provide commercial units, facilitating employment opportunities.

2. STATUTORY CONTROLS

2.1 Hornsby Shire Local Environmental Plan 1994

The subject land is zoned Business A (General) under the Hornsby Shire Local Environmental Plan 1994 (HSLEP). The objectives of the Business A (General) zone are:

(a) to encourage economic growth and employment opportunities.

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

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

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

Clause 15 of the HSLEP prescribes that the maximum floor space ratio (FSR) of development within the Business A (General) zone is 1:1. However, subclause (6) of clause 15 states that “This clause does not apply to land shown edged heavy black on diagrams 9-15 in Schedule BB if the development will include: (a) multi-unit housing, and (b) employment-generating development with a floor space ratio of at least 0.5:1”. The site is identified in Diagram 12 of Schedule BB of the HSLEP. The proposal includes 866 square metres of employment-generating development which results in an FSR of 0.57:1. Therefore, clause 15 does not apply to the proposed development.

Clause 15A of the HSLEP prescribes that the maximum building height within the area detailed under Schedule BB is not to exceed 32.5 metres. The proposed building complies with this requirement with the exception of an architectural roof feature comprising a metal portal frame on the eastern corner of the building at the roof level. Subclause (2) prescribes that “Development that includes an architectural roof feature that exceeds, or causes a building to exceed, the height limits set by subclause (1) may be carried out, but only with development consent” and Subclause (3) prescribes that (a) the architectural roof feature must not be granted consent unless the consent authority is satisfied that the roof feature (i) comprises a decorative element on the uppermost portion of a building, and (ii) is not an advertising structure, and (iii) does not include floor space area and is not reasonably capable of modification to include floor space area, and (iv) will cause minimal overshadowing and (b) any building identification signage or equipment for servicing the building (such as plant, lift motor rooms, fire stairs and the like) contained in or supported by the roof feature is fully integrated into the design of the roof feature.

The proposed architectural roof feature is a 3m high x 4m wide x 3m in depth metal portal frame that exceeds the maximum height restriction of 32.m by 3m with an additional pole that extends up to 6m from the maximum height restriction. The roof feature is an extension of a portal frame used to highlight the north eastern corner element of the building. The applicant has indicated that this portal frame may be used for the purposes of signage. The use of the architectural roof structure as advertising is prohibited and any building identification signage would be required to be integrated into the design of the roof future which has not been demonstrated in the proposal. In this regard, the decorative element of the metal portal frame is considered an unnecessary non-compliance with the maximum height restriction. In this regard, a condition is recommended that the metal portal frame be deleted from the roof and the additional pole be reduced to a height of 3m above the maximum height restriction.

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

2.2 Hornsby Local Environmental Plan 2013

The Hornsby Local Environmental Plan (HLEP) was made on 27 September 2013 and came into effect on 11 October 2013. The HLEP includes a savings provision stating that if a development application is made and not finally determined before the commencement of the HLEP, the application must be determined as if the Plan had been exhibited but not commenced. The HLEP essentially reiterates the current land use zoning and height control applicable to the site as outlined below:

2.2.1 Zoning

The subject land is zoned B2 (Local Centre) pursuant to the Land Use Table of the HLEP. The proposed development is defined as a ‘residential flat building’ and ‘commercial premises’ and is permissible within the zone with Council’s consent.

2.2.2 Height of Building

Clause 4.3 of the draft HLEP provides that the height of a building on any land is not to exceed the maximum height shown for the land on the Height of Buildings Map. The maximum permissible height for the subject site is 32.5 metres. Apart from the architectural roof feature as discussed in Section 2.1, 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 retail and commercial purposes and is unlikely to be contaminated. No further assessment is considered necessary in this regard.

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

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

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 up to ten storey mixed use development in close proximity to Thornleigh Station. The desired future character of the area, as outlined in Council’s Housing Strategy Development Control Plan, is that of a high density mixed use precinct incorporating ten storey mixed use developments with at grade parking for retail customers and parking in basements for employees and residents. Business uses are required to be located on the lower two storeys providing a broad podium for dwellings above to be setback from, creating a pedestrian friendly scale. Visible and active shops and street frontages with continuous awnings are promoted to enhance streetscape character.

The Design Verification Statement indicates the proposal responds to the desired future character of the precinct as envisaged by Council as it incorporates a podium, residential tower above and continuous awnings. Once the development of the precinct is completed, the proposal would integrate with the surrounding sites and would be in keeping with the desired urban form. It is considered that the proposed building would contribute to the identity and future character of the precinct.

2.4.2 Principle 2 - Scale

Design Principle 2 is as follows:

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

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

The scale of the development is in accordance with the required building height, apart from a minor architectural roof feature. This has been addressed in Section 2.1. The proposed height and setbacks provides an architectural composition that achieves the required podiums with active frontages and address the major street corners. The scale of the development is considered appropriate for the site and consistent with the desired future character of the precinct.

2.4.3 Principle 3 – Built Form

Design Principle 3 is as follows:

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

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

The proposed ten storey development would be the first within the ‘Pennant Hills Road, Thornleigh’ precinct under Council’s Housing Strategy. The building is appropriately articulated to add to the visual interest of the development. The proposed development presents a distinct architectural design which would set an appropriate precedent for the locality and is considered acceptable in terms of built form.

2.4.4 Principle 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 proposal achieves a dwelling density consistent with the requirements of the Housing Strategy Development Control Plan which establishes the desired future character for the Pennant Hills Road, Thornleigh precinct. The proposal is within the DCP prescriptive measures as addressed in Section 2.11 of this report.

2.4.5 Principle 5 – Resource, Energy and Water Efficiency

Design Principle 5 is as follows:

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

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

The applicant has submitted a BASIX Certificate for the proposed development. In achieving the required BASIX targets for sustainable water use, thermal comfort and energy efficiency, the proposed development achieves the design criteria and is considered acceptable in this regard.

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 frontages of Pennant Hills Road, Bellevue Street and Railway Parade. Large trees proposed along the frontages of Pennant Hills Road, Bellevue Street and Railway Parade would soften the appearance of the development. However, due to safety concerns for vehicles and pedestrians on Pennant Hills Road highlighted by non-compliances with Austroads guidelines, the trees proposed along the major road are considered to be impractical and would not contribute to the contextual fit for the streetscape. A condition is recommended that these trees be deleted from the Landscape Plan. This is discussed further in Section 2.11 of this report.

A minimum of 25% of landscaping/communal open space is provided on top of the podium (level 3) around the building envelope which would provide an appropriate usable open space within a landscaped setting for future occupants of the development. With conditions, the application is considered acceptable in this regard.

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 proposed units are designed to achieve natural ventilation, sunlight and acoustic privacy. All units incorporate balconies accessible from living areas and privacy has been achieved through appropriate design or recommended conditions of consent. Appropriate storage areas are proposed within units and basement levels. The proposal would provide convenient and safe access via two central lifts located within the building connecting the basement and all other levels. The application is considered acceptable in this regard.

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 Statement of Environmental Effects submitted with the application includes an assessment against the four key strategies of Crime Prevention Through Environmental Design (CPTED). To ensure that adequate safety is maintained, a number of conditions are recommended including controlled entry points; security gate access to basement car park; intercom access for pedestrians; security deadlocks to each apartment door; foyer door construction of safety glass; lighting for building foyer entries, pathways, driveways and common external spaces and on-going management of building repairs and landscaping.

The design orientates the balconies and windows of individual apartments towards the street boundaries, providing passive surveillance of the public domain and communal open space areas. Entry points are secured and visibly prominent from the respective streets.

The development proposal is supported in respect to safety and security.

2.4.9 Principle 9 – Social Dimensions and Housing Affordability

Design Principle 9 is as follows:

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

New development should 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.

Surrounding development within the precinct includes a mix of business premises including retail shops, restaurants and commercial offices. The location of the site allows direct access to retail, health and recreational facilities. The proposed development includes a mix of dwelling types and sizes which complies with the requirement within the RFDC to improve housing choice in the locality. In this regard, the development is considered acceptable in terms of social dimensions.

2.4.10 Principle 10 – Aesthetics

Design Principle 10 is as follows:

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

The applicant submitted a statement which includes the following comment:

The architectural form is broken up with the combination of modulated facades which avoids a continuous wall alignment by introducing a stepped form with recesses and protruding balconies of varying depths. The building design also uses a variety of building materials (aluminium cladding, painted cement render, glazing, and landscaping treatments) to articulate each façade. At the podium level coloured cement rendered frames are used to break up the building’s bulk and emphasise the various commercial units and primary residential entrance at the street level.

The design incorporates a red portal frame feature on the corner of Pennant Hills Road and Bellevue Street which highlights bedrooms. The photomontage indicates that obscured glass would be used to mitigate privacy impacts to occupants of the units. To ensure a continuous design aesthetic and privacy for future occupants, a condition is recommended that the lower panes of the windows within the portal frame feature are to be obscured glass.

The architectural treatment of the building is generally consistent with the design principles contained within the RFDC. It is considered that the aesthetic quality of the building is an appropriate response to the corner site and would contribute to the desired future character of the precinct. The details of the assessment of the built form and the aesthetics of the development are contained in Section 2.11 of this report.

2.5 SEPP 65 - Residential Flat Design Code

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

Residential Flat Design Code
Control	Proposal	Requirement	Compliance
Deep Soil Zone	0%	25%	No
Communal Open Space	27%	25-30%	Yes
Minimum Dwelling Size	1 br – 50m² 2 br – 74m² 3 br –95m²	1 br – 50m² 2 br – 70m² 3 br – 95m²	Yes Yes Yes
Maximum Kitchen Distance	<8m	8m	Yes
Minimum Balcony Depth	>2.0m	2.0m	Yes
Daylight Access & Cross Ventilation	69% (min. 3 hours daylight access) 62% (cross ventilation)	70% 60%	No Yes
Adaptable Housing	30%	10%	Yes
Total Storage Areas	240 m³ (Basement) 290 m³ (Upper Levels)	6m³/1 bed x 34 = 204m³ 8m³/2 bed x 32 = 256m³ 10m³/3 bed x 7 = 70m³ Total Storage required = 530m³ with 50% of storage within apartments	Yes

As detailed in the above table, the proposed development complies with the prescriptive measures within the Residential Flat Design Code (RFDC) except for daylight access with a minor non-compliance of 1% (1 unit). Below is a brief discussion regarding the relevant development controls and best practice guidelines.

2.5.1 Apartment Layout

The layout of the proposed apartments includes a combination of single aspect units and dual aspect corner units. The unit layouts would provide for housing choice and a range of household types.

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

2.5.2 Daylight Access

The shadow diagrams submitted with the application indicate that 50 of the 73 apartments would achieve the minimum requirement of at 3 hours of solar access between 9am – 3pm during the winter solstice. This equates to 69 percent of apartments not complying with the RFDC minimum requirement of 70 percent with a shortfall of 1 apartment.

The applicant has submitted shadow diagrams that included a comparison of a strictly compliant scheme with the proposed development. The comparison indicates that the minor variations of building setbacks and height of roof structure would result in a negligible increase in overshadowing of the adjoining southern property at No. 266 Pennant Hills Road. The majority of overshadowing would be cast upon Pennant Hills Road.

The proposal is constrained by the site with the residential flat building being orientated to provide the long axis in a northwest – south easterly direction, with true north being located on the corner of Railway Parade and Bellevue Street. This orientation ensures that any residential flat building on site would overshadow itself on the southern façades during the afternoon period. The proposal takes advantage of the northerly aspect for living room areas on the northern facades. In this regard, the minor variation of 1percent (1 apartment) is considered acceptable.

2.5.3 Internal Circulation

The proposed development includes access to all floors via 2 lifts in the building. The third floor corridors connect to the communal open space at the front and rear of the site. The proposal is acceptable with respect to the requirements of the RFDC for internal circulation.

2.5.4 Deep Soil Zones

The RFDC requires that a minimum of 25 percent of the open space area of a site should be a deep soil zone. Whilst communal open space areas are proposed on the third level, this cannot be considered as deep soil zones as landscaping is restricted to planter boxes. Notwithstanding, the RFDC also prescribes that exceptions may be made in urban areas where sites are built out and there is no capacity for water infiltration. In these instances, stormwater treatment measures must be integrated with the design of the residential flat building.

The proposed development is within an existing urban commercial centre on Pennant Hills Road. The proposed stormwater drainage plan indicates that an on-site detention system and rainwater tanks are integrated with the design of the residential flat building. Additionally, the landscape plan submitted with the application indicates a number of additional street trees proposed to be planted including 4 x Tristaniopsis laurina along Bellevue Street. Accordingly, the proposal incorporates appropriate landscaping for the context of the site within a commercial centre.

2.5.5 Communal Open Space

The RFDC requires that the area of communal open space required should generally be at least 25 percent to 30 percent of the site area. The development proposes 27 percent of communal open space area at the front and rear of the building on the third level. The proposal is acceptable with respect to the requirements of the RFDC for Communal Open Space.

2.5.6 Acoustic Privacy

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

2.5.7 Storage Areas

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

2.5.8 Building Separation

The RFDC recommends a minimum of 12 metres separation between habitable room/balconies for up to four storeys, 18 metres separation between habitable room/balconies for five to eight storeys and 24 metres separation between habitable room/balconies for nine storeys and above.

The mixed use development includes five commercial suites on the ground level and mezzanine level and residential levels from levels 1-9. As the site is bounded by three roads, the only building separation concerns would be with the adjoining south-western property known as No. 266 Pennant Hills Road.

The living areas of the building on levels 1-3 would be setback at least 6 metres from the south western side boundary, with a balcony encroachment of 3 metres on level 3. However this encroachment would be screened by planting that would reach a mature height of 1.5m. Levels 4-7 would be setback between 6 metres to 7.1 metres which does not comply with the minimum 9m separation as required by the RFDC. Level 9 would be setback 9m which does not comply with the minimum 12m separation as required by the RFDC. However, these habitable room windows have high sill heights that are over 1.5m which would reduce overlooking impacts to adjoining development. The building separation and privacy matters are further discussed in Section 2.11 of this report.

In summary, the proposed residential flat building has been designed in accordance with the design principles of SEPP 65 and generally complies in respect to the objectives of the RFDC subject to the imposition of appropriate conditions of consent. The proposed variations to the recommended dimensions of the RFDC are considered to be acceptable. It is considered the proposal would achieve good residential amenity and contribute to the desired future residential character of the ‘Pennant Hills Road, Thornleigh’ 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 a BASIX Certificate for the proposed units and is considered to be satisfactory.

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

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

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

The application has been assessed against the requirements of Sydney Regional Environmental Plan No. 20 – Hawkesbury-Nepean Rivers. The Policy provides general planning considerations and strategies to ensure Council considers the impacts of this proposal on water quality, scenic quality, aquaculture, recreation and tourism.

The proposal includes details of stormwater management of the site including an on-site detention system at the rear of the property adjacent to Railway Parade. 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 Hawkesbury-Nepean Rivers Catchment subject to the implementation of recommended conditions.

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

2.10 Hornsby Development Control Plan 2013

The Hornsby Development Control Plan (HDCP) 2013 applies to all land within Hornsby Shire and replaces Council’s existing DCPs, providing development controls to complement the HLEP. The HDCP came into effect on 11 October 2013. The following sections of this report include a detailed assessment of the proposal against Council’s existing DCP controls. Although the HDCP was not in force at the date of finalising this report, the development proposal has been assessed against the Plan.

The HDCP is generally a transition of Council’s existing DCPs, into a consolidation Plan. Notwithstanding, it is noted that the following controls are inconsistent with the existing DCP requirements and a brief discussion of the HDCP requirements is provided below.

2.10.1 Setbacks

The proposed development includes residential levels 1 and 2 within the podium which have a 3m building setback from Pennant Hills Road, 1.5m – 2.5m from Bellevue Street and 0m – 2.5m from Railway Parade which is inconsistent with the requirements of Part 4.4.5 of the HDCP which prescribes a 0m setback from all streets, laneways and side or rear boundaries for podiums within mixed use developments.

Notwithstanding, these variations in setbacks do not include the balconies and planter boxes which are setback 0m from the property boundary. Accordingly, the variations to the building setbacks allow for landscaping treatment and open space to achieve a well articulated architectural composition that distinguishes the residential use from the commercial component, with a “pedestrian friendly” scale that encourages business activity.

Whilst the south-western boundary of the site adjoins a 1 and 2 storey commercial development, Council’s desired future character for the ‘Pennant Hills Road, Thornleigh’ precinct, includes 10 storey mixed use developments. The proposed 0m setback does not comply with the required 6m setback from commercial podium façade. However, none of the apartments within the podium contain windows on the south western-elevation, apart from units 4 and 5 which include a 6m setback from the property boundary which is considered acceptable.

Levels 3 - 10 contain minor non-compliances for setbacks including balcony encroachments and variations to building separation distances between living room windows. However, overlooking impacts are mitigated by full height privacy louvers, landscape screening or high sill windows to comply with privacy requirements of SEPP 65.

2.10.2 Building Form and Separation

The HDCP requires that the minimum separation between mixed use residential buildings should comply with Table 4.4.6(a) which states:

Table 4.4.6(a): Minimum Separation Between Buildings
10 Storey Mixed Use RFB Building	Separation
Up to 4 storeys/ 12m	12m between unscreened habitable rooms/ balconies/ principal private open space areas
5 to 8 storeys/ up to 25m	18m between unscreened habitable rooms/ balconies/ principal private open space areas
9 storeys and above/over 25m	24m between unscreened habitable rooms/ balconies/ principal private open space areas
Facing side or rear boundaries shared with an undeveloped site	Half of the building separation required by the Residential Flat Design Code under SEPP 65 - Design Quality of Residential Flat Buildings

The proposed development includes balcony encroachments to within 4m of the south-western side boundary on level 3 and variations to building separation distances between living room windows on levels 4-9. The proposal has incorporated appropriate screening devices to ameliorate privacy impacts and the application is considered acceptable in the circumstances given the merit of the design in achieving the desired outcome for built form and separation as discussed in Section 2.11.

2.10.3 Vehicle Access and Parking

The proposed vehicle access to the common basement area is via a 6m wide driveway off Railway Parade. The three basement levels include 112 car parking spaces comprising 22 commercial spaces, 75 resident spaces and 15 visitor spaces including disabled car parking. A minimum of 22 commercial spaces, 75 residential and 15 visitor parking spaces is required for the development under the HDCP and the development complies with this requirement.

Provision has been made for bicycle parking within the basement levels including 24 bicycle racks and 6 bike lockers. Twenty-five bicycle spaces are required for the development under the HDCP and the proposal complies with this requirement. Nine motorcycle spaces are provided for the development which complies with the 3 motorcycle spaces required for the development under the HDCP.

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 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	31.3m (Pennant Hills Road) 51.5m (Bellevue Street)	Min - 30m	Yes
Height	10 storeys – 32.5m	10 storeys - 32.5m	Yes, except architectural roof feature which is addressed in Section 2.1
Height of Business Levels Height of Residential Levels	Ground Floor to Mezzanine Floor Level 1-9	Lower 2 storeys of podium Above podium	Yes No
Maximum Floorplate Dimension	35m	35m	Yes
Business Podium Setbacks (Pennant Hills Road)	0m (ground floor) 3m (level 1) 3m (level 2)	0m (all streets, laneways and side or rear boundaries)	Yes No No
Business Podium Setbacks (Bellevue Street)	0m (ground floor) 1.5m (level 1) 2.5m (level 2)	0m (all streets, laneways and side or rear boundaries)	Yes No No
Business Podium Setbacks (Railway Parade)	0m (ground floor) 0m – 1.5m (level 1) 2.5m (level 2)	0m (all streets, laneways and side or rear boundaries)	Yes No No
Residential Setbacks (Pennant Hills Road)	3m with 0m for planter/balconies(levels 1-2) 6m (level 3) 6m with 4m for balconies (level 4) 6m (level 5-8) 9m (level 9)	6m from business podium facade	No Yes No Yes Yes
Residential Setbacks (Bellevue Street)	3m with 0m for planter/balconies(levels 1-2) 3-6m (level 3) 3-4m (levels 4-8) 3-6m (level 9)	6m from business podium facade	No No No No
Residential Setbacks (Railway Parade)	0m (levels 1-2) 6m (level 3) 6m with 5.5m for balconies (levels 4-7) 6-9m (level 8) 8-9m (level 9)	6m from business podium facade	No Yes No Yes Yes
South Western Residential Setback from adjoining property	0m for units 2,3 & 6 (levels 1 and 2) 6m for units 4 & 5 (level 1 and 2) 6m for units 2,3,4 & 5 and 3m for balconies (level 3) 6m-7.1m (levels 4-7) 9m (level 8-9)	Levels 1-3 (1/2 x RFDC requirement of 6m to boundary) = 3m Levels 4-8 (1/2 x RFDC requirement of 9m to boundary) = 4.5m Level 9 (1/2 x RFDC requirement of 12m to boundary) = 6m	No Yes Yes Yes Yes
Top Storey Setback From Ground Floor	NE – 1m from unit 1 living room (within portal frame feature) SE – 2m from unit 1 living room (within portal frame feature) NW – <3m SW – <3m	3m 3m 3m 3m	No No Yes Yes
Basement Ramp Setback	5m	2m	Yes
Car Parking	75 resident spaces 15 visitor spaces 22 commercial spaces	75 resident spaces 15 visitor spaces 22 commercial spaces (1 space/40m² GFA)	Yes Yes Yes
Min Private Open Space (Min Width 2.5m)	1 br units - 10m² 2 br units - 12m² 3 br units - 16m²	10m² 12m² 16m²	Yes Yes Yes
Communal Open Space	27%	25%	Yes
Sunlight Access	69%	70%	No
Housing Choice	1 br units (including 1 br and study units) – 46.5% 2 br units – 44% 3 br units – 10%	10% 10% 10%	Yes Yes Yes
Adaptable Units	30% (22 units)	30%	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.

2.11.1 Desired Future Character

The strategy for redevelopment of this precinct is business uses located on the lower two storeys to provide a broad podium for dwellings above, creating a pedestrian friendly scale.

The proposed development includes a three level podium including a commercial level (ground floor and mezzanine) and residential levels (levels 1 and 2) which results in a variation to the desired future built form. Notwithstanding, the provision of a continuous awning between the commercial use and residential uses, varying setbacks and landscaping would create a sufficient buffer between the different uses whilst facilitating a pedestrian friendly scale. Additionally, the plans and elevations submitted indicate that the height of the proposed podium would be 9.5m from ground level, allowing a floor to ceiling height of 3.5m for the ground floor commercial level and a height of 3m for residential levels.

The photomontage submitted indicates that the height of the three storey podium is equivalent to that of a two storey business podium without residential units. However, this may not necessarily be the case as the Building Code of Australia (BCA) only requires a minimum floor to ceiling height of 2.4m for commercial offices, retail premises and dwelling units.

Notwithstanding, the proposed development is on a corner site and a variation to the business podium height would create a transitional step which would be complementary to future mixed use developments adjoining the property. The proposal meets all other key principles of the Housing Strategy DCP for ten storey mixed use development including expansion of the existing public domain to encourage pedestrian activity plus a variety of new business opportunities.

In this regard, the variation to the desired built form is considered acceptable.

2.11.2 Design Quality - SEPP 65

The proposed development is designed in accordance with the design principles of SEPP 65. Refer to discussion in Section 2.5.

2.11.3 Site Requirements

The proposal has been considered with regard to the consolidated development pattern likely to occur with the ‘Pennant Hills Road, Thornleigh Housing Strategy’ Precinct. The proposal would not result in an isolated site.

2.11.4 Height

Apart from the architectural roof feature which is discussed in Section 2.1 of this report, the proposed ten storey mixed use development complies with the 32.5m height restriction of the Housing Strategy DCP. The HSDCP states that “dwellings may be located on level two within the podium and at ground level facing a side street or lane provided that they would not interrupt in the desired continuity of commercial activity”. The proposal includes residential levels 1 and 2 which are located within the podium. A 2m wide entrance to the residential lobby is located discretely on Bellevue Street and does not interrupt the desired continuity of commercial activity. An awning extends above the commercial levels and planter boxes, balconies and further setbacks are incorporated to residential levels 1 and 2 on Pennant Hills Road which allows distinction and privacy between the different uses. In this regard, the proposal complies with the desired outcome of the height element of the Housing Strategy DCP.

2.11.5 Setbacks

The Housing Strategy DCP requires business podiums to have a minimum 0m building setback to all streets and side or rear boundaries. The proposed ground floor of the business podium has a 0m setback from all streets and side boundaries but variations are proposed on the residential levels 1 and 2. The setbacks would provide an architectural composition that distinguishes the residential use from the commercial component, achieving a well-articulated building form.

The Housing Strategy DCP requires all streets to have a minimum residential building setback of 6m from the business podium façade. The proposed development does not comply with this measure for all street boundaries. From the Pennant Hills Road business podium facade, levels 3 to 9 have a compliant setback of 6m from the business podium façade whilst level 4 has a minor non-compliance with a balcony encroachment (unit 4) of 4m from the business podium façade. From the Bellevue Street business podium façade, the building is setback between 3m – 6m on Levels 3 to 8. Level 9 has a minor variation of 3m from a balcony on the north-eastern corner unit of the building (unit 1).

From the Railway Parade business podium façade, minor variations occur on levels 4 and 5 with balconies being setback 5.5m from the business podium façade. However, all other levels comply with the prescriptive measure. Notwithstanding these variations to the prescriptive measures, the proposal provides a sufficient buffer between the residential and commercial uses and adequate landscaping and open space.

The proposed top storey setback generally complies with the 3m requirement between exterior walls of the lowest residential storey and exterior walls of the top two storeys except for the north-eastern and south-eastern setbacks from the portal frame design feature located on the corner of Pennant Hills Road and Bellevue Street. This variation is considered to be minor in nature and would have a negligible effect on the overall articulation of the building.

2.11.6 Landscaping

The development would necessitate the removal of one locally indigenous street tree from the site to allow for car parking access and replace a locally indigenous street tree on Bellevue Street. The Landscape Concept Plan includes the retention of 2 existing street trees and the planting of 3 x Callistemon viminalis (Weeping Bottlebrushes) along Railway Parade which is considered to be satisfactory compensatory planting. Additionally, the Landscape Plan proposes the planting of 3 x Tristanispsis laurina (Water Gums) which would reach a mature height of 5m along Pennant Hills Road. However, awning structures are proposed above the commercial suites that would extend within 600mm of the road. In this regard, the trees proposed on Pennant Hills Road would be impractical as they would pose safety concerns for vehicles and pedestrians. Accordingly, a condition is recommended that the trees be deleted from the landscape plans.

Four x Tristanispsis laurina (Water Gums) are proposed to be planted along Bellevue Street and an existing street tree would be retained on the north-eastern corner of the site. These Water Gums would reach a mature height of 5m which does not comply with the Housing Strategy DCP which requires the planting of street trees that would achieve mature heights of 8 metres. The proposed awning along Bellevue Street is setback a sufficient distance from the road to allow for the growth of trees up to 10 metres in height. Accordingly, a condition is recommended that the Water Gums be replaced with 4 x 100 Litre Ulmus glabra (Lutesecens’) trees.

The communal open space area on top of the podium complies with the requirements of the Housing Strategy DCP. Whilst this communal open space area is landscaped, the landscaping is not considered as a deep soil zone. However, suitable planting could be achieved within planter boxes. Subject to conditions of consent, the proposal complies with the requirements of the Housing Strategy DCP in terms of Landscaping.

2.11.7 Floorplates and Separations

The proposed development has a maximum dimension of 32.5 metres, measured parallel to Bellevue Street which could be considered the primary retail frontage. This complies with the maximum dimension of 35 metres under the HSDCP. The proposal allows for visible and active shops and street frontages with dwellings above which comply with the desired outcome of the HSDCP with regard to floorplates and separations.

2.11.8 Articulation

The articulation of the building facades has been achieved by two steps between the podium façade and upper residential storeys across 50% of the front façades of Pennant Hills Road, Bellevue Street and Railway Parade. At the Pennant Hills Road and Bellevue Street level, commercial office windows and building entrances occupy over 90% of frontages and on Railway Parade, office windows and entrances occupy 30% of the façade which complies with the requirements of the Housing Strategy DCP.

The podium façade incorporates contrasting materials of panels of concrete render, full height double glazed windows commercial offices, aluminium louvers and glass balustrades which creates appropriate articulation.

Articulation of residential facades is achieved by dividing facades into vertical “panels” that are no wider than 8m and are visually separated by balconies, pergolas and eaves that are project forward of exterior walls.

The design includes the provision of wrap around balconies and a varied use of colours and materials to break up the built form. The proposed building complies with the Housing Strategy DCP articulation prescriptive measures and meets the key principles for built form within the Pennant Hills Road, Thornleigh precinct.

2.11.9 Open Space

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

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

2.11.10 Privacy

The proposed development is located on an urban, commercial site at the corners of Pennant Hills Road, Bellevue Street and Railway Parade. The mixed use residential flat development includes five commercial suites on the ground level and mezzanine level and residential levels from levels 1-9. As the site is bounded by three roads, the only building separation concerns are with the adjoining south western property known as No. 266 Pennant Hills Road.

For the commercial levels (ground to mezzanine), a 0m setback is proposed to the south-western property boundary. For residential levels 1-2, no windows are proposed for the northern and southern units (units 2, 3 and 6) and there is a 6m setback for units 4 and 5 which complies with the RFDC. Residential level 3 allocates a 6m setback from living room windows to the south-western property boundary with a 3m encroachment for balconies in units 2, 3, 4 and 5 which does not comply with the RFDC. Notwithstanding, units 3 and 4 include full height privacy louvres on the south-western façade of each balcony and the balconies of units 2 and 5 are located behind large planter boxes that include Archontophoenix sp. (Bangalow Palms) which grow to a mature height of 6m. These provisions would mitigate privacy impacts to future adjoining properties.

Residential levels 4 to 7 (fifth to eighth storeys) include a number of living and bedroom windows that are setback from 6m to 7.1m to the south-western property boundary which does not comply with the RFDC. However, these windows are high level windows with sill heights 1.545m from finished floor level. Additionally, the living room windows are screened by 600mm deep planter boxes which would contain Chamaedorea elegans (Parlour Palms) that grow to a mature height of 1.5m. This would mitigate privacy impacts to adjoining development. Residential level 8 includes a 9m setback from the south-western property boundary which complies with the RFDC. Residential level 9 (tenth storey) includes a 9m setback from the south-western property boundary which does not comply with the RFDC requirement of at least 12m from the property boundary. However, these windows are all 1.525m high level windows and serve kitchens and bathrooms.

In this regard, the variations to the required building separation and privacy setbacks are mitigated with the provision of high sill windows or landscape screens and are considered to be acceptable.

2.11.11 Sunlight and Ventilation

The shadow diagrams submitted with the application indicates that 50 of the 73 apartments would achieve the minimum requirement of 2 hours of solar access between 9am – 3pm during the Winter Solstice. This equates to 69 percent of apartments. The proposal takes advantage of the northerly aspect for living room areas on the northern facades. In this regard, the minor variation of 1 percent (1 apartment) from the required 70 percent is considered acceptable.

2.11.12 Housing Choice

The proposed buildings comprise a mix of dwellings including; one bedroom, two bedroom and three bedroom units.

The proposed unit mix complies with the Housing Strategy DCP requirement for at least 10 percent of each unit type and for 30 percent adaptable units. The proposal also includes details of accessible units.

The application is assessed as satisfactory with regard to housing choice and mix.

2.11.13 Vehicle Access and Parking

The proposed basement car park is over three levels and is accessed via a 6 metre wide driveway from Railway Parade. The proposed car parking has a total of 112 spaces, including 75 resident spaces (inclusive of 21 spaces for people with a disability), 15 visitor spaces (inclusive of 1 space for people with a disability) and 12 commercial spaces. The parking provision is in accordance with the minimum number of car spaces prescribed by the Housing Strategy DCP. The driveway width, ramp gradients and aisle widths are assessed as satisfactory. The basement level includes storage for residents and a bicycle parking area.

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

2.11.14 Pennant Hills Road, Thornleigh Precinct

The strategy for redevelopment of this precinct is to incorporate up to ten storey mixed use residential flats, offices, business or retail premises and expand the existing public domain to encourage high levels of pedestrian activity plus a variety of new business opportunities. The proposed development is consistent with the desired outcome for the Pennant Hills Road, Thornleigh Precinct.

2.12 Waste Minimisation and Management Development Control Plan (WMMDCP)

The applicant has submitted a Waste Management Plan which lacks detail regarding specific destinations the waste/recyclables are to be taken for the proposed demolition of the existing commercial buildings. A condition is recommended that these details are to be provided prior to the issue of a construction certificate.

The plan includes appropriate project management measures for waste minimisation in the construction of the building but does not address the following concerns:

2.12.1 Truck Access

The Traffic Report shows access by medium rigid vehicles reversing in from Railway Parade to a ground level loading dock with 4.5 m clearance. The Traffic Report does not address use of the loading dock. Council’s traffic assessment acknowledges that service vehicles would have to reverse into the loading dock area. In this regard, a condition is recommended that, except for service vehicles that would have to reverse into the loading dock area, all vehicles are to access and exit the site in a forward direction.

The WMP states that Building Management (site caretaker) would transfer the bins from the bin room to the loading dock for servicing and return the bins afterwards. A condition is recommended that a site caretaker must be employed who is responsible for moving bins, washing bins, maintaining waste storage areas and ensuring the chute system and related devices are maintained in effective and efficient working order.

2.12.2 Residential Waste Management

The proposal includes 2 garbage chutes. There is a small garbage room on each residential level, housing the garbage chute and two 50 litre crates for recycling. A condition is recommended that the bin rooms be designed to allow access for persons with a disability on levels with accessible and/or adaptable dwellings.

The WMP indicates that each garbage chute would be fitted with a 5 x 240 L bin carousel. Whilst this would adequately house waste generation for 2 days, given the size of the development, 4 x larger 660L bins are recommended to ensure space and time efficiency. For recycling, the residential component would require 18 x 240 L recycling bins.

The main bin storage room on the ground level is 3.8 m wide by 23 m in length, which would be sufficient to house the required number of bins (both commercial and residential). A condition is recommended that the commercial and residential bins be separated by caging or similar lockable separation. No area (minimum 8 m²) has been nominated for residents to place unwanted bulky items awaiting removal. In this regard, a condition is recommended requiring an area of at least 8 m² allocated for residents to place unwanted bulky items awaiting removal.

2.12.3 Commercial Waste Management System

It is proposed that there be 13 x 240 L garbage bins and 5 x 660 L recycling bins. To ensure efficiency of time and space, 5 x 660L garbage bins are recommended. It is noted that this would require 1 x 660L garbage bin and 1 x 660L recycling bin per commercial unit, which means that they would not necessarily have to share bins, but could each engage their own service provider. This is required to be reviewed upon the submission of waste management details prior to the issue of a construction certificate.

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

2.13 Access and Mobility Development Control Plan

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

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

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

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

2.14 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 and is generally in compliance with Council’s car parking requirements. Refer also to discussion in Section 2.11.

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 Plan

Council’s Section 94 Plan applies to the development as it would result in the addition of seventy three residential units and five commercial units with a gross floor area of 866m², which is an addition of 16m² from the existing commercial development of 850m². Accordingly, the requirement for a monetary Section 94 contribution is recommended as a condition of development consent.

3. ENVIRONMENTAL IMPACTS

3.1 Natural Environment

Existing trees on the site include 2 x locally indigenous trees on Bellevue Street and 3 x locally indigenous trees on Railway Parade. These trees are not considered to be significant. The proposed development would necessitate the removal of one locally indigenous street tree on Railway Parade to allow for car parking access.

A landscape plan has been submitted with the application that includes a range of locally native plant species to achieve canopy trees, a shrub layer and ground covers. The landscaping of the site has been discussed in Section 2.11 of this report. Subject to conditions and on-going maintenance of the landscaped areas, the development would achieve a landscape setting and would be acceptable with respect to the natural environment.

3.2 Built Environment

3.2.1 Built Form

The buildings would be located within a precinct identified with a future character of ten storey mixed use buildings with underground car parking. The built form of the proposal is generally consistent with the desired future character of the precinct.

3.2.2 Traffic

The applicant submitted a Traffic and Parking Report for the proposed development which forecasts a traffic generation of 19 vehicle trips during peak hours. The increase in traffic generation is relatively minor and would not detract from the level of service of Pennant Hills Road or the surrounding road network and is considered to be satisfactory.

3.2.3 Stormwater Management

The application proposes a 26.10m³ below ground on site detention (OSD) system along the rear of the property boundary to control the discharge of water from the site. Stormwater drainage would be connected directly to Council’s piped street drainage system in Bellevue Street via this OSD system. Additionally, 3 x rainwater tanks are proposed on the level 1 floor plan to collect rainwater which would reduce stormwater runoff to Bellevue Street.

Council’s engineering assessment concludes that the OSD system is satisfactory, subject to conditions.

3.3 Social Impacts

The residential component of the development would improve housing choice in the locality by providing a range of household types. The location of the development is in close proximity to Thornleigh Railway Station, Thornleigh commercial centre and Thornleigh Marketplace Shopping Centre allowing direct access to retail, business, recreational, health and educational facilities for future residents.

3.4 Economic Impacts

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

The commercial component of the proposed development would result in 866 square metres of retail space being converted to commercial office floor space which would encourage new businesses and local employment opportunities in the area.

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 18 July 2013 and 8 August 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 the nearby landowner who made a submission.

NOTIFICATION PLAN

• PROPERTIES NOTIFIED

X SUBMISSIONS

RECEIVED

PROPERTY SUBJECT OF DEVELOPMENT

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

· Potential structural damage to the adjoining property at No. 266 Pennant Hills Road, Thornleigh;

· Safety concerns for pedestrians on adjoining development;

· Damage to the existing sewerage under the pathway running along the common boundary from Railway Parade to Pennant Hills Road at No. 266 Pennant Hills Road, Thornleigh; and

· Excessive noise and dust during construction.

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 Potential Structural Damage and Safety Concerns for Pedestrians to the Adjoining Property at No. 266 Pennant Hills Road, Thornleigh

A condition is recommended requiring a dilapidation report prepared by a structural engineer detailing the structural condition of No. 22 Pennant Hills Road. Additionally other conditions are recommended for the protection of adjoining areas including a temporary hoarding, fence or awning to be erected between the work site and adjoining lands before the works begin.

5.1.2 Damage to the Existing Sewerage Under the Pathway Running Along the Common Boundary from Railway Parade to Pennant Hills Road at No. 266 Pennant Hills Road, Thornleigh

Engaged contractors would require appropriate liability insurance for all construction works. As mentioned above, standard conditions are recommended requiring protection of adjoining areas.

5.1.3 Excessive Noise and Dust During Construction

Conditions are recommended restricting construction hours (including demolition and earth works) to between 7am and 5pm Monday to Saturday, in accordance with Interim Construction Noise Guidelines 2009 – NSW Department of Environment and Climate Change and no work is to be undertaken on Sundays or public holidays.

Conditions are recommended requiring that all demolition work must be carried out in accordance with “Australian Standard 2601-2001 – The Demolition of Structures” and the requirement that erosion and sediment control measures 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.

5.2 Public Agencies

The development application is Integrated Development under the Act. Accordingly, the application was referred to the following Agencies for comment:

5.2.1 NSW Police

The application was referred to the NSW Police for comment in respect to Crime Prevention Through Environmental Design principles. No objections were raised to the proposal.

5.2.2 NSW Roads and Maritime Services

The application was referred to the NSW Roads and Maritime Service for comment. No objections were raised to the proposal subject to conditions.

5.2.3 NSW RailCorp

The application was referred to NSW RailCorp under Clause 86(4) of the SEPP (Infrastructure) 2007 to consider the potential effects of the development on the safety or structural integrity of existing or proposed rail infrastructure facilities in the rail corridor, and the safe and effective operation of existing or proposed rail infrastructure facilities in the rail corridor and what measures are proposed, or could reasonably be taken, to avoid or minimise those potential effects.

NSW RailCorp granted concurrence to the proposed development subject to deferred commencement and operational conditions. The deferred commencement condition requires the submission of a final geotechnical and structural report/drawing that meet RailCorp’s requirements.

5.2.4 Ausgrid

The application was referred to Ausgrid for comment. No objections were raised to the proposal, subject to conditions.

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 existing structures and construction of a ten storey mixed used development comprising 73 residential units, 5 commercial units and basement car parking.

The proposed development is generally in accordance with the development controls for the ‘Pennant Hills Road, Thornleigh’ Precinct of the Housing Strategy DCP and would contribute to the future desired ten storey mixed use character of the precinct. With conditions, minor non-compliance with prescriptive measures for height of architectural roof structure, height of residential levels located within the business podium, solar access, housing choice, setbacks, privacy and landscaping are considered acceptable. The proposal complies with the design principles of SEPP 65 and the Residential Flat Design Code.

Rod Pickles

Manager - Development Assessment

Planning Division

James Farrington

Group Manager

Planning Division

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

File Reference: DA/691/2013

Document Number: D02450895

SCHEDULE 1

GENERAL CONDITIONS

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

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. Deferred Commencement

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

The Applicant shall prepare and provide to RailCorp for approval/certification the following items:

a) Final Geotechnical and Structural report/drawings that meet RailCorp’s requirements. The Geotechnical Report must be based on actual borehole testing conducting on the site closest to the rail corridor.

b) Final Construction methodology with construction details pertaining to structural support during excavation.

c) Final cross sectional drawings showing ground surface, rail tracks, sub soil profile, proposed basement excavation and structural design of sub ground support adjacent to the Rail Corridor. All measurements are to be verified by a Registered Surveyor.

d) Detailed Survey Plan showing the relationship of the proposed developed with respect to RailCorp’s land and infrastructure.

e) If required by RailCorp, an FE analysis which assesses the different stages of loading-unloading of the site and its effect on the rock mass surrounding the corridor.

Such information shall be submitted within 12 months of the date of this notice.

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

2. Approved Plans and Supporting Documentation

Plan No.	Plan Title	Drawn by	Dated
DA-100 (A)	Cover Sheet	Moderinn Group P/L	June 2013
DA-101 (A)	Site Analysis (Existing Site Conditions)	Moderinn Group P/L	June 2013
DA-102 (A)	Site Analysis (Solar Access)	Moderinn Group P/L	June 2013
DA-103 (A)	Site Analysis (Cross Ventilation)	Moderinn Group P/L	June 2013
DA-104 (A)	Site Analysis (Mixed Use Development)	Moderinn Group P/L	June 2013
DA-105 (A)	Site Analysis (Site Context)	Moderinn Group P/L	June 2013
DA-106 (A)	Site Analysis (Adjoining Building)	Moderinn Group P/L	June 2013
DA-1000 (A)	Site Plan	Moderinn Group P/L	May 2013
DA-1001(A)	Basement Level 3 Plan	Moderinn Group P/L	June 2013
DA-1002 (A)	Basement Level 2 Plan	Moderinn Group P/L	June 2013
DA-1003 (A)	Basement Level 1 Plan	Moderinn Group P/L	June 2013
DA-1004 (A)	Ground Level Plan	Moderinn Group P/L	June 2013
DA-1005 (A)	Mezzanine Level Plan	Moderinn Group P/L	June 2013
DA-1006 (A)	First Level Plan	Moderinn Group P/L	June 2013
DA-1007 (A)	Second Level Plan	Moderinn Group P/L	June 2013
DA-1008 (A)	Third Level Plan	Moderinn Group P/L	June 2013
DA-1009 (A)	Fourth Level Plan	Moderinn Group P/L	June 2013
DA-1010 (A)	Typical L5 to L7	Moderinn Group P/L	June 2013
DA-1011 (A)	Eighth Level Plan	Moderinn Group P/L	June 2013
DA-1012 (A)	Ninth Level Plan	Moderinn Group P/L	June 2013
DA-1013 (A)	Roof Plan	Moderinn Group P/L	June 2013
DA-1014 (A)	North East Elevation	Moderinn Group P/L	June 2013
DA-1015 (A)	South East Elevation	Moderinn Group P/L	June 2013
DA-1016 (A)	North West Elevation	Moderinn Group P/L	June 2013
DA-1017 (A)	South West Elevation	Moderinn Group P/L	June 2013
DA-1018 (A)	Section A-A	Moderinn Group P/L	June 2013
DA-1019 (A)	Section B-B	Moderinn Group P/L	June 2013
DA-1020 (A)	Section C-C	Moderinn Group P/L	June 2013
DA-1022 (A)	Storage Schedule	Moderinn Group P/L	June 2013
DA-1023 (A)	Finishes Schedule	Moderinn Group P/L	June 2013
DA-1024 (A)	Demolition Plan	Moderinn Group P/L	June 2013
DA-1025 (A)	Shadow Analysis (7 sheets)	Moderinn Group P/L	June 2013
DA-1026 (A)	Shadow Analysis (Proposed Development)	Moderinn Group P/L	June 2013
DA-1027 (A)	Shadow Analysis (Complying Development)	Moderinn Group P/L	June 2013
13-2685LO1	Landscape Plan – Ground Floor	Zenith Landscape Designs	27 May 2013
13-2685LO2	Landscape Plan – Level 1 & 2	Zenith Landscape Designs	27 May 2013
13-2685LO3	Landscape Plan – Level 3	Zenith Landscape Designs	27 May 2013
13-2685LO4	Landscape Plan – Level 4-7	Zenith Landscape Designs	27 May 2013
13-2685LO5	Landscape Plan – Level 8-9	Zenith Landscape Designs	27 May 2013
SW305-1	Stormwater Plans – Construction Notes and Standard Details	Wehbe Consulting	29 May 2013
SW305-2	Stormwater Plans – Roof Layout	Wehbe Consulting	29 May 2013
SW305-3	Stormwater Plans – Stormwater Site Layout	Wehbe Consulting	29 May 2013
SW305-4	Stormwater Plans – Basement Level 1 Layout	Wehbe Consulting	29 May 2013
SW305-5	Stormwater Plans – Basement Level 2 Layout	Wehbe Consulting	29 May 2013
SW305-6	Stormwater Plans – Basement Level 3 Layout	Wehbe Consulting	29 May 2013

Document Title	Prepared by	Dated
Statement of Environmental Effects	Don Fox Planning P/L	July 2013
Preliminary Geotechnical Report	JK Geotechnics	24 May 2013
Stormwater Calculations Report	Wehbe Consulting P/L	28 April 2013
SEPP 65 Design Verification Statement	Moderinn Group P/L	5 July 2013
Road & Rail Noise Intrusion Report	Pacific Environment Ltd	24 June 2013
Air Quality Report	Pacific Environment Ltd	24 June 2013
BASIX Certificate No. 481605M	SLR Consulting P/L	4 July 2013
Access Report	Accessible Building Solutions	24 June 2013
Waste Management Plan	Moderinn Group P/L	June 2013
Traffic Report	Varga Traffic Planning P/L	4 July 2013

3. Amendment of Plans

The approved plans are to be amended as follows:

a) The architectural portal frame roof feature shall be deleted from the plan as marked in red on the approved plans.

b) The approved plan “Landscape Plan – Ground Floor” drawn by Zenith Landscape Designs dated 27 May 2013 must be amended to delete the trees on Pennant Hills Road.

c) The lower pane of the bedroom windows within the red portal frame feature element on the corner of Pennant Hills Road and Bellevue Street is to be installed with obscured glass.

4. Construction Certificate

A Construction Certificate is required to be approved by Council or a Private Certifying Authority prior to the commencement of any works under this consent.

REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

5. Building Code of Australia

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

6. Contract of Insurance (Residential Building Work)

7. Water/Electricity Utility Services

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

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

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

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

8. Adaptable Units

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

9. Letter Boxes

The details of letter boxes must be provided with the Construction Certificate Plans.

10. Dilapidation Report

A ‘Dilapidation Report’ is to be prepared by a ‘chartered structural engineer’ detailing the structural condition of the adjoining property at No. 266 Pennant Hills Road, Thornleigh.

11. Waste Management Details

The following waste management requirements must be complied with:

a) The facility on each residential level must include:

i) A garbage chute plus a 240L bin for recycling; and

ii) Access for persons with a disability on levels with accessible and/or adaptable dwellings.

b) There must be an area of at least 8m² allocated for residents to place unwanted bulky items awaiting removal in the bin room on the ground floor.

c) A Waste Management Plan Section One – Demolition Stage and Section Three – Construction Stage, covering the scope of this project and including the following details, is required to be submitted to Council:

i) An estimate of the types and volumes of waste and recyclables to be generated;

ii) A site plan showing sorting and storage areas for demolition and construction waste and the vehicle access to these areas;

iii) How excavation, demolition and construction waste materials will be reused or recycled and where residual wastes will be disposed; and

iv) The total percentage (by weight) of demolition and construction waste that will be reused or recycled.

12. Excavation

The structural plans for basement and above ground areas must be prepared by a Chartered Structural Engineer and submitted with the Construction Certificate Application.

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

13. 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.

14. 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.

15. 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.

16. 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

17. 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.

18. 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;

19. Environmental Management

20. Street Sweeping

Street sweeping must be undertaken following sediment tracking from the site along Pennant Hills Road, Bellevue Street and Railway Parade during works and until the site is established.

21. 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.

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

22. Council Property

23. Demolition and Construction Vehicles

All demolition and construction vehicles must be wholly parked within the site at all times.

24. Excavated Material

25. 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.

26. Contamination During Construction Works

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

27. Construction Noise Management

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

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.

28. 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 directly to Council’s piped street drainage system in Bellevue St via the on site detention tank.

b) The approval of Hornsby Shire Council is required under the Roads Act for any works within Bellevue St.

29. On Site Stormwater Detention

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

a) Have a capacity of not less than 26.1 cubic metres, and a maximum discharge (when full) of 55 litres per second.

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

30. Internal Driveway/Vehicular Areas

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

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

b) The driveway be a rigid pavement.

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

d) The driveway and parking area for the loading dock is to be designed and constructed in accordance with AS 2890.2.

31. Footpath

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) Segmental block paving to be constructed along the full width of the footway over the full frontage to the site, including the planting of street trees in suitable grates or bays in the footway area. Claypave Monarch Tan pavers are to be laid in accordance with Councils requirements.

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

d) Approval under the Roads Act is to be obtained from Hornsby Shire Council before the commencement of any works within the road reserve in accordance with the Roads Act.

32. 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) The existing kerb and gutter fronting the site in Pennant Hills Rd, Bellevue St and Railway Parade is to be removed and reconstructed.

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

c) 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.

d) Be in accordance with the requirements of the RMS.

33. Traffic Control Plan

a) Arrangements for public notification of the works.

b) Temporary construction signage.

c) Permanent post-construction signage.

d) Vehicle movement plans.

e) Traffic management plans.

f) Pedestrian and cyclist access/safety.

g) Be in accordance with the requirements of the RMS.

34. 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.

35. Creation of Easements

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

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

36. Works as Executed Plan

37. Waste Management Details

The following waste management requirements must be complied with:

a) The bin storage at the ground 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 waste facility at each residential level must include sealed and impervious surface, adequate lighting and ventilation.

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

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

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

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

Note: If the 60% diversion from landfill 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 depts., transfer stations and landfills, audits of procedures etc. which are to be attached to the report.

iii) All waste was taken to 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 routes must be devoid of any steps.

Note: Ramps between different levels are acceptable.

f) Access to the volume handling equipment by unauthorised persons (including residents, commercial tenants etc) must be prevented.

Note: Caging of the volume handling equipment is acceptable.

g) The means must be in place to prevent Commercial tenants from using the residential bins and prevent residents from using the commercial bins.

Note: Separate lockable cages or roller door cupboards for the residential and commercial bins within the bin storage room are acceptable. At least a 1.5m wide aisle/through access way needs to be maintained outside the separate lockable areas.

38. Streetscape Landscape Works

Streetscape Planting and pavement works should be provided within the Pennant Hills Road, Bellevue Street and Railway Parade road verges:

a) Installation of 4 x 100 Litre Ulmus glabra (Lutesecens) trees on Bellevue Street;

b) Installation of 3 x 75 Litre Callistemon viminalis trees on Railway Parade; and

c) Structural soils to create an adequate lateral growing volume below the pavement. Minimum volume of structural soils shall be 5m² per tree.

39. 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.

40. Completion of Landscaping

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

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

41. 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.

42. Fulfilment of BASIX Commitments

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

43. Sydney Water – s73 Certificate

An s73 Certificate must be obtained from Sydney Water.

44. 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.

45. External Lighting

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

46. Unit/Suite Numbering

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

47. Accessibility Requirements

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

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

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

48. Safety and Security

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

b) The entryway to the residential lobby area must be illuminated in high luminance at all times;

c) The communal open space on top of the podium on the third floor of the site is to be illuminated with high luminance by motion sensor lighting;

d) The service areas within the mezzanine levels, basement levels, garbage room at the ground floor must be illuminated with high luminance by motion sensor lighting;

e) The driveway and basement carparking levels must 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 must be provided to guide visitors to the main areas and parking areas;

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

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

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

49. Section 94 Development Contributions

Description	Contribution (4)
Roads	$52,539.60
Open Space and Recreation	$788,806.75
Community Facilities	$110,548.10
Plan Preparation and Administration	$3,392.90
TOTAL	$955,287.35

being for 16 square metres of additional gross floor area of commercial space and 73 residential units comprising 23 x 1 bedroom units, 11 x 1 bedroom and study units, 32 x 2 bedroom units and 7 x 3 bedroom units.

$C_{PY =}$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.

b) 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

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, wedding, replacement of failed plant material and promoting the growth of plants through standard industry practices.

51. 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 where and when necessary, 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, managing the bulky item storage area (including, but not limited to, ensuring that items placed there do not block or hinder access to bins for bin collection services), arranging the prompt removal of dumped rubbish, ensuring the commercial waste and recycling is kept separate from the residential waste and recycling (and vice versa), ensuring all residents and commercial tenants are informed of the use of the waste management system, and managing the loading dock to ensure that it is sufficiently available for all necessary waste collection services to take place.

52. Car Parking

All car parking must be constructed and operated in accordance with Australian Standard AS/NZS 2890.1:2004 – Off-street Car Parking and Australian Standard AS 2890.2:2002 – Off-street Commercial Vehicle Facilities.

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) Except for garbage vehicles for waste collection, all vehicular entry on to the site and egress from the site shall be made in a forward direction.

53. Disabled Parking

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

54. Bicycle Parking

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

55. Lift Access from Basement Levels

Lift access is to be provided from basement level 1 car park to the commercial ground floor level to enable disability access between the levels.

56. Sight Distances

Sight triangles in accordance with AS/NZS 2890.1:2004 are to be provided for driveways at the boundary line.

57. Motorcycle Parking

a) Three motorcycle parking spaces are to be provided.

b) All motorcycle parking spaces are to be designed in accordance with AS 2890.5-1993.

58. 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).

59. Fire Safety Statement - Annual

On at least one occasion in every 12 month period following the date of the first ‘Fire Safety Certificate’ issued for the property, the owner must provide Council with an annual ‘Fire Safety Certificate’ to each essential service installed in the building.

CONDITIONS OF CONCURRENCE – NSW 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.

60. All construction activity associated with the proposed development is to be contained on site as no construction zones will be permitted on Pennant Hills Road in the vicinity of the site.

61. A Road Occupancy License should be obtained from TMC for any works that may impact on traffic flows on Pennant Hills Road during construction activities.

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

63. 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.

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

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

66. Except for the Garbage Vehicles for waste collection, all vehicles are to enter and leave the site in a forward direction.

CONDITIONS OF CONCURRENCE – RAILCORP

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

67. Dilapidation Report

If required by RailCorp, prior to the commencement of works and prior to the issue of the Occupation Certificate, a joint inspection of the rail infrastructure and property in the vicinity of the project is to be carried out by representative from RailCorp and the Applicant. These dilapidation surveys will establish the extent of any existing damage and enable any deterioration during construction to be observed. The submission of a detailed dilapidation report will be required unless otherwise notified by RailCorp.

68. Acoustic Assessment

An acoustic assessment is to be submitted to Council prior to the issue of a construction certificate demonstrating how the proposed development will comply with the Department of Planning’s document titled “Development Near Rail Corridors and Busy Roads – Interim Guidelines”.

69. Electrolysis Risk Assessment

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

70. Refraction of Light from Development

The design, installation and use of lights, signs and reflective materials, whether permanent or temporary, which are (or from which reflected light might be) visible from the rail corridor must limit glare and reflectivity to the satisfaction of RailCorp.

The Principal Certifying Authority is not to issue the Construction Certificate until written confirmation has been received from RailCorp confirming that this condition has been satisfied.

71. Risk Assessment/Management Plan

If required by RailCorp, prior to the issue of a Construction Certificate, a Risk Assessment/Management Plan and detailed Safe Work Method Statements (SWMS) for the proposed works are to be submitted to RailCorp for review and comment on the impacts on rail corridor. The Principal Certifying Authority is not to issue the Construction Certificate until written confirmation has been received from RailCorp confirming that this condition has been satisfied.

72. Aerial Operations

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

73. Track Monitoring Plan

If required by RailCorp, a track monitoring plan (including instrumentation and the monitoring regime during excavation and construction phases) is to be submitted to RailCorp for review and endorsement prior to the issuing of a Construction Certificate. The Principal Certifying Authority is not to issue a Construction Certificate until written confirmation has been received from RailCorp advising of the need to undertake the track monitoring plan, and if required that it has been endorsed.

CONDITIONS OF CONCURRENCE – AUSGRID

74. The developer is to submit full electrical load details and other relevant information via a Connection Application Form NECF – 03 to datanorth@ausgrid.com.au which is available on the Ausgrid website www.ausgrid.com.au

75. An electrical substation on the property will be required to supply this development at the sole cost of the developer.

- 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.

· 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.

Disability Discrimination Act

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

Covenants

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

Dial Before You Dig

Telecommunications Act 1997 (Commonwealth)

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

Asbestos Warning

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:

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

Group Manager’s Report No. PL107/13

Planning Division

Date of Meeting: 20/11/2013

15 DEVELOPMENT APPLICATION - FIVE STOREY RESIDENTIAL FLAT BUILDING COMPRISING 15 UNITS - 229 CARLINGFORD ROAD, CARLINGFORD

EXECUTIVE SUMMARY

DA No:	DA/644/2013 (Lodged 25 June 2013)
Description:	Demolition of existing structures and erection of a five storey residential flat building comprising 15 units, basement car parking and strata title subdivision
Property:	Lot 8 DP 29798, No. 229 Carlingford Road, Carlingford
Applicant:	Zhinar Architects
Owner:	Hai Lu Zheng and Ping Cao
Estimated Value:	$2,100,000
Ward:	C

· The application proposes demolition of existing structures and construction of a five storey residential flat building comprising 15 units, basement car parking and strata subdivision.

· The proposal generally complies with Hornsby Shire LEP 1994 and State Environmental Planning Policy No. 65 – Design Quality Residential Flat Development. The proposal includes the development of an isolated site. As a result, the proposal does not comply with Council’s Housing Strategy Development Control Plan with regard to minimum site widths, setbacks, privacy, landscaping and building indentation.

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

· It is recommended that the application be approved.

RECOMMENDATION

THAT Development Application No. DA/644/2013 for demolition of existing structures and erection of a five storey residential flat building comprising 15 units, basement car parking and strata title subdivision at Lot 8 DP 29798, No. 229 Carlingford Road, Carlingford be approved subject to the conditions of consent detailed in Schedule 1 of Group Manager’s Report No. PL107/13.

BACKGROUND

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

The subject isolated site was formed as a result of consent No. 719/2012 for the construction of a five storey residential flat building containing 45 units and basement car park at Nos. 223-237 Carlingford Road, Carlingford which was approved by Council on 19 December 2012. The assessment of the application concluded that there was sufficient documentary evidence that a genuine and reasonable attempt had been made to purchase the subject site based on a fair market value. These offers were rejected by the owner of the subject site. The applicant also demonstrated that the development potential of the subject site would not be necessarily thwarted by the proposed development. The proposed five storey development on this isolated site is the subject of this application.

SITE

The site comprises No. 229 Carlingford Road, Carlingford. The site has an area of 912.57 square metres and is located on the southern side of Carlingford Road. The site is rectangular in shape, with a 17.1 metres frontage to Carlingford Road and a depth of 53.5 metres.

The site has a cross fall towards Carlingford Road in a northern direction with an average grade of 5%. A Council drainage easement traverses the northern western corner of the site. The site is identified as flood prone land.

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

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

All adjoining neighbouring properties (north eastern, south western and south eastern) have been approved for the construction of five storey residential flat buildings.

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 an existing dwelling-house, construction of a five storey residential flat building comprising 15 dwellings with basement car parking and strata title subdivision.

The unit configuration includes 2 x 1 bedroom units, 10 x 2 bedroom units and 3 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 from Carlingford Road adjacent to the western side boundary. A total of 15 residential spaces and 3 visitor’s parking spaces are proposed in a single basement level.

ASSESSMENT

1. STRATEGIC CONTEXT

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

· 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 14 additional dwellings and would contribute 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 ‘demolition’ and ‘multi-unit housing’ 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 C zone. Subclause (5) of clause 15 states that “This clause does not apply to land shown edged heavy black on diagrams 1-8 in Schedule BB.” The site is identified in Diagram 8 of Schedule BB of the HSLEP. Therefore, clause 15 does not apply to the subject site.

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

2.2 Hornsby Local Environmental Plan 2013

The Hornsby Local Environmental Plan 2013 (HLEP) was gazetted by the Minister of Planning on 11 October 2013. The HLEP essentially reiterates the current land use zoning and height control applicable to the site as outlined below:

2.2.1 Zoning

Under the HLEP, the subject land is zoned R4 (High Density Residential). The proposed development is defined as a ‘residential flat building’ and would be permissible within the zone with Council’s consent.

2.2.2 Height of Building

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

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

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

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

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

2.4.1 Principle 1 - Context

Design Principle 1 is as follows:

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

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

The ‘Design Verification Statement’ submitted with the application states that the proposal “reflects the shape of the isolated site and demonstrates some compatibility with the prescriptive measures to achieve the desired future character of the precinct” as envisaged by Council. Once the precinct is redeveloped, the development would integrate with the surrounding sites and would be in keeping with the desired urban form. It is considered that the proposed building would contribute to the identity and future character of the precinct.

2.4.2 Principle 2 - Scale

Design Principle 2 is as follows:

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

The scale of the development is in keeping with the objectives of Council’s planning controls in terms of building height, width and building envelope. The scale of the development is considered appropriate for the site and consistent with the desired future character of the precinct.

2.4.3 Principle 3 – Built Form

Design Principle 3 is as follows:

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

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

The proposed building is appropriately articulated to minimise the perceived scale and to add to the visual interest of the development. The proposed development presents a distinct architectural design which would set an appropriate precedent for the locality and is considered acceptable in terms of built form.

2.4.4 Principle 5 – Resource, Energy and Water Efficiency

Design Principle 5 is as follows:

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

2.4.5 Principle 6 – Landscape

Design Principle 6 is as follows:

The application includes a landscape plan providing landscaping along the front, side and rear boundaries. Planting proposed along the front, side and rear boundaries include a number of small to medium sized trees which would grow to a mature height of 8m. To ensure sufficient canopy cover and improve amenity of the building, conditions have been recommended requiring the planting of 5 x medium to large trees on the site. This is addressed under Section 2.5.1 of this report. With conditions, the proposal would enhance the development’s natural environmental performance and provide an appropriate landscaped setting.

2.4.6 Principle 7 – Amenity

Design Principle 7 is as follows:

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

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

2.4.7 Principle 8 – Safety and Security

Design Principle 8 is as follows:

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

Crime Prevention through Environmental Design (CPTED) measures have been implemented into the proposal to optimise safety and security. Apartment layouts optimize occupant surveillance by orienting habitable spaces and rooms with outlook over the street and communal areas. Safety and security measures proposed to be implemented in the design include well lit access ways, an intercom system and security controlled doors. With conditions, the application is supported with respect to this Principal.

2.4.8 Principle 9 – Social Dimensions and Housing Affordability

Design Principle 9 is as follows:

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

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

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

2.4.9 Principle 10 – Aesthetics

Design Principle 10 is as follows:

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

2.5 SEPP 65 – Residential Flat Design Code

Residential Flat Design Code
Control	Proposal	Requirement	Compliance
Deep Soil Zone	28%	25%	Yes
Communal Open Space	30%	25-30%	Yes
Minimum Dwelling Size	1 br – 60.86m² 2 br –80.06m² 3 br – 99.64m²	1 br – 50m² 2 br – 70m² 3 br – 95m²	Yes Yes Yes
Maximum Kitchen Distance	< 8m	< 8m	Yes
Minimum Balcony Depth	2.5m	2m	Yes
Cross Ventilation	100%	60%	Yes
Adaptable Housing	13%	10%	Yes
Ceiling Heights Residential Floors	2.7m	2.7m (Min)	Yes
Total Storage Area	1 br – 6.69 m³ 2 br - 8m³ 3 br – 10.6m³	6m³ (Min) 8m³(Min) 10 m³ (Min)	Yes Yes Yes

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

2.5.1 Deep Soil Zones

Whilst the RFDC recommends that medium trees (8m canopy diameter at maturity) have a minimum soil depth of 1m and an approximate soil area of 6m x 6m and large trees (canopy diameter of up to 16m at maturity) have a minimum soil depth of 1.3m and a minimum soil area of 10m x 10m, the Code prescribes there is no minimum standard that can be applied to all situations as the requirements vary with the size of plants and trees at maturity.

The proposal includes building encroachments to 3m of side boundaries and 6m of the rear boundary and the basement encroaches to the rear and eastern and western side property boundaries. The basement encroachment would allow a minimum soil depth of approximately 800mm. The Landscape Concept Plan only includes small to medium sized trees, with the majority of trees proposed at 4m in height with the exception of three trees along the western side boundary and five trees along the eastern boundary that would reach a mature height of 8m. This would not comply with the objective for Deep Soil Zones in the RFDC which is to improve the amenity of developments through the retention and/or planting of large and medium sized trees.

To maintain canopy cover and improve the amenity of the development, Council’s Landscape assessment concludes that five medium to large trees be planted on the site. Whilst these trees may not conform to the numerical recommendations of the RFDC for soil depth and area, these trees would be planted in the ground which would enable the tree roots to find stability in adjoining areas. For this reason, the deep soil zones have been calculated as 28% of the total site area which complies with the recommendations of the RFDC. With conditions the proposal is considered to be acceptable.

2.5.2 Apartment Layout

The layout of the proposed apartments consists of dual aspect corner units. The unit layouts would provide for housing choice and a range of household types.

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

2.5.3 Internal Circulation

The proposal includes access to all floors via a lift which is centrally located. The ground floor corridors connect to the foyer which adjoins a footpath on the western side boundary that leads to the communal open space area at the rear of the site. The proposal is acceptable with respect to the requirements of the RFDC requirements for internal circulation.

2.5.4 Acoustic Privacy

The internal layout of the residential units is designed such that circulation zones would act as a buffer between units. Bedrooms and service areas such as kitchens, bathrooms and laundries would be grouped together wherever possible, with living areas oriented to the street or rear property boundary. The proposal is consistent with the requirements within the RFDC for acoustic privacy.

2.5.5 Storage

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

2.5.6 Building Separation

Whilst the majority of the living areas would be setback 3 metres from the eastern and western side boundaries, none of these habitable rooms contain windows. The principal balconies adjoining living areas face either the street frontage or the rear southern property boundary. The rear facing balconies on the ground level to level 3 are at least 6 metres from the rear boundary and the balcony on level 4 increases to 11m facilitating a future building separation of at least 12-18 metres with the rear adjoining property in accordance with the RFDC. The building separation and privacy matters are addressed in Section 2.12 of this report.

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

2.6 State Environmental Planning Policy 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

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

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

2.8 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 requested that the design be amended to include a concrete median island on Carlingford Road directly in front of the subject property, to enforce left-in and left-out vehicular movements. The applicant submitted amended plans demonstrating compliance to this requirement. In response, the RMS provided the following comment:

“RMS has no objection to the median island on Carlingford Road along the frontage of the above subject development. The island on the driveway should be removed now that a median island has been provided on Carlingford Road.”

Council’s traffic assessment of the proposal concludes that the proposed vehicular access arrangements are acceptable. This matter is further addressed in Sections 2.11.5 and 3.2.2 of this report.

2.9 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005

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

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

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

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

2.11 Hornsby Development Control Plan 2013

The Hornsby Development Control Plan (HDCP) 2013 applies to all land within Hornsby Shire and replaces Council’s existing DCPs, providing development controls to complement the HLEP. The HDCP came into effect on 11 October 2013. Notwithstanding, the HLEP includes a savings provision that a development application made and not finally determined before the commencement of the HLEP would be determined under HSLEP 1994. As a result, the following sections of this report include a detailed assessment of the proposal against Council’s existing DCP controls.

Although the savings provision applies, the development proposal has been assessed against the HDCP. The HDCP is generally a transition of Council’s existing DCPs, into a consolidation Plan. Notwithstanding, it is noted that the following controls are inconsistent with the existing DCP requirements and a brief discussion of the HDCP requirements is provided below:

2.11.1 Site Requirements

The proposed development has a site width of 17.07m as a result of approved 5 storey residential flat buildings on adjoining allotments. The site is an isolated allotment and given the adjacent development approvals, no opportunity exists for amalgamation of the site to achieve the minimum site width requirement. Refusal of this application would result in the retention of a part one and part two storey dwelling house which is not in keeping with the desired future character of the area, as outlined in Part 3.4.14 Key Development Principles of the HDCP. This is further discussed under Section 2.12 of this report.

2.11.2 Setbacks

The proposed development includes building and balcony encroachments to within 4m of the eastern side boundary and the western side boundary and within 7m of the front and rear property boundaries, which is inconsistent with the setback requirements of the HDCP.

Due to the isolated site, the site width is 17.07m and the building width would be 10.6m, allowing 3m side setbacks to the eastern and western side boundary. Compliance with the prescriptive 4m side setback requirement would result in a building width of 8.6m which would limit the potential of residential space and design for a five storey residential flat building.

The northern front boundary of the site fronts Carlingford Road. The front 9.3m setback from the building line does not comply with the 10m setback requirement of the HDCP. However, the building line is generally aligned to the front building line of the approved 5 storey residential flat developments on the eastern and western properties and the minor variation allows for adequate deep soil landscape and is therefore, considered satisfactory.

The southern rear boundary of the site adjoins a single level multi-unit housing development, which would be the subject of a future development application for 5 storey residential flat building(s). The rear setback is 8.5m from the building line and 6m from the balconies which does not comply with the setback requirements of the HDCP. The rear balconies have an area of 13.56m², are 2.5m in width and serve a 1 bedroom unit (Unit 04) and 2 bedroom unit (Unit 03) which would meet the minimum requirements of minimum private open space areas of the HDCP. Increasing the rear setback of the balconies to the required 7m prescriptive measure would result in non-compliances with the minimum private open space areas and balcony widths.

Whilst the building line does not comply with the 10m prescriptive measure, the building is aligned with the rear setbacks of the adjoining developments at Nos. 223-227 Carlingford Road and Nos. 231-233 Carlingford Road and would satisfy the intent of the prescriptive measures to not impact on the achievement of daylight access, visual privacy, and acoustic privacy.

The non compliance with the setback controls would not impact on the achievement of daylight access, landscaping, visual privacy, and acoustic privacy. Accordingly, the application is assessed as satisfactory with regard to the setback requirements of the HDCP.

2.11.3 Building Form and Separation

The HDCP requires that the minimum separation between residential buildings should comply with Table 3.4.6(a) which states:

Table 3.4.6(a): Minimum Separation Between Buildings
5 Storey RFB Building	Separation
Up to 4 storeys/ 12m	12m between unscreened habitable rooms/ balconies/ principal private open space areas
Up to 5 storeys/ over 12m	18m between unscreened habitable rooms/ balconies/ principal private open space areas
Facing side or rear boundaries shared with an undeveloped site	Half of the building separation required by the Residential Flat Design Code under SEPP 65 - Design Quality of Residential Flat Buildings

The proposed development includes habitable rooms/balconies within 4m of the eastern and western side boundaries and 6m of the rear property boundary, which is inconsistent with the minimum separation distances of 6m (up to 4 storeys) and 9m (for the 5th storey) noting that this is half the specified separation distance in the table, as development on the adjoining lot would provide the remainder.

The proposal has ensured that the majority of windows of habitable rooms face the street or rear property boundaries and that east and west facing windows serving the living/dining areas on the north western corner units on levels 1 – 4 do not directly face other living areas approved on adjoining 5 storey residential developments. The application is considered acceptable in the circumstances given the merit of the design in achieving the desired outcome for built form and separation as discussed in Section 2.12.

2.11.4 Landscaping

The required landscaping area setbacks are 4m for side boundaries and 7m for rear boundaries. As discussed above, the proposed development is for an isolated site that consists of a 17.07m site width. The submitted landscape plan includes a range of plant species including Elaeocarpus reticulates (Blue berry ash) and Syzygkum ausrala resillence (Lilly pilly). These trees would only reach a mature height of 4m - 8m which would not comply with the requirement that canopy trees are to reach mature heights of at least 10m to 12m in the front and rear setbacks. This is addressed in Section 2.5.1 of this report. To maintain canopy cover, a condition is recommended for the planting of 5 x medium to large locally indigenous trees on site such as Angophora floribunda which would reach a mature height of 10m – 15m. As the trees are planted in the ground, they would thrive within the proposed landscaped areas, even given the encroachment of the basement level. Subject to conditions and on-going maintenance of the landscaped areas, the development would achieve a landscape setting and that is generally consistent with the desired future character of the precinct.

2.11.5 Vehicle Access and Parking

The proposed vehicle access to the common basement area is via a 4m - 8m wide driveway off Carlingford Road. The basement level includes 18 car parking spaces comprising 15 resident spaces and 3 visitor spaces including disabled car parking. A minimum of 3 visitor and 15 residential parking spaces is required for the development under the HDCP and the development complies with this requirement.

Provision has been made for bicycle parking in the basement level however, the number of bicycle spaces and layout of parking is not shown on the drawings. Four bicycle spaces are required for the development under the HDCP and a condition is recommended in Schedule 1 to address this requirement.

2.12 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. 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	17.07m	Min - 30m	No
Height	5 storeys - 17.5m	5 storeys - 17.5m	Yes
Lowest Residential Floor Above Ground	1.4m	Max - 1.5m	Yes
Maximum Floorplate Dimension	35m	35m	Yes
Building Indentation	2m x 1m	4m x 4m	No
Front Setback Building Line Balcony Basement Maximum building length between 8m – 10m	9.3m 7m 7m 10.6m	10m 7m 7m 3.5m < 1/3^rd of 10.6m	No Yes Yes No
E Side Setback Building Line Balcony Basement Maximum building length between 4m – 6m	3m 3m 0m 35m	6m 4m 4m 11.7m (1/3 of 35m)	No No No No
W Side Setback Building Line Balcony Basement Max bldg length between 8m – 10m	2-3m 3m 0m – 2.57m 35m	6m 7m 7m 11.7m (1/3^rd of 35m)	No No No No
Rear Setback Building Line Balcony Basement Max bldg length between 8m – 10m	8.5m 6m 0m 10.6m	10m 7m 7m 3.5m (1/3^rd of 10.6m)	No No No No
Top Storey Setback From Ground Floor	1.5m – 2.5m for a length of 15m within eastern façade 1.5m for a length of 7.5m within western facades	3m	No
Basement Ramp Setback	1-2m	2m	No
Car Parking	15 resident spaces 3 visitor spaces	15 resident spaces 3 visitor spaces	Yes Yes
Landscaping Front W side E side Rear (S Side)	7m 3m 3m 6m	7m 4m 4m 7m	Yes No No No
Min Private Open Space (Min Width 2.5m)	1 br units - 13m² 2 br units - 12.3m² 3 br units - 19.2m²	10m² 12m² 16m²	Yes Yes Yes
Communal Open Space	30%	25%	Yes
Sunlight Access	70%	70%	Yes
Housing Choice	1 br units – 13.3% 2 br units – 66.7% 3 br units – 20%	10% 10% 10%	Yes Yes Yes
Adaptable Units	30%	30%	Yes

2.12.1 Site Requirements – Site Width

As a result of the approval of 5 storey residential flat developments on adjoining sites, the site is an isolated site and is restricted to a street frontage of 17.07m which does not comply with the minimum 30m site width requirement. However, the design of the residential flat building is considered to be an acceptable fit within the context of the ‘Carlingford Road, Carlingford’ precinct.

2.12.2 Setbacks

As a result of the dimensions of the site, development on the site for a residential flat building would result in non-compliance with the setback controls. The relevant matters regarding the setbacks are discussed below:

2.12.2.1 Front and Rear Setbacks

The northern front boundary of the site fronts Carlingford Road. The front 9.3m setback from the building line does not comply with the 10m setback requirement of the Housing Strategy DCP. However, the building line is generally aligned to the front building line of the approved 5 storey residential flat developments on the eastern and western properties which would result in an appropriate visual pattern.

The rear setback is 8.5m from the building line and 6m from the balconies which does not comply with the setback requirements of the Housing Strategy DCP. However, the proposed building is aligned with the rear building line of adjoining development to the east and west. Increasing the rear setback of the balconies to the required 7m prescriptive measure would result in non-compliances with the minimum private open space areas and balcony widths for units 03 and 04. The variation to the control would have minimal daylight access, visual privacy and acoustic privacy impacts to adjoining properties.

2.12.2.2 Side Setbacks

Compliance with the prescriptive 4m side setback requirement would require a building width of 8.6m which would limit the potential residential space and design for a five storey residential flat building. The non compliance would not impact on the achievement of daylight access, landscaping, visual privacy, and acoustic privacy.

2.12.2.3 Building Encroachments

As the setbacks are less than required in accordance with the Housing Strategy DCP, the proposal would also result in a non compliance with the maximum permitted encroachment for more than 1/3^rd of the building width as identified in the above table. The encroachment widths are considered appropriate as the façades are well articulated with the stepping of the building and 2m x 1m indentations.

2.12.2.4 Basement Encroachment

The proposal includes a 0m rear basement setback, 0m eastern side setback, 0m – 2.57m western side setback and a portion of the basement ramp is within 2m of the eastern property boundary which does not comply with the Housing Strategy DCP. Given the site width constraints of the site, the location of the driveway is considered appropriate. The design of the basement provides appropriate transition to the street frontage and allows for deep soil landscaping within the northern and western setbacks.

2.12.2.5 Letter Boxes Encroachment

The proposal includes a wall along the front property boundary that contains letter boxes. This does not comply with the requirement that letter boxes are to be located at least 2m from the front boundary and screened by plantings. Additionally, the wall is located within the overland flow path which has the potential to exacerbate existing flooding issues. In this regard, a condition is recommended that the wall be deleted from the overland flow path and the letter boxes be relocated at least 2m from the front property boundary.

2.12.2.6 Top Storey Setback

The upper storey of the building is provided with 3m additional setbacks to most of the facades except for sections within the eastern and western elevations. The non-compliance would not result in adverse impacts on privacy of the future residents and adjoining properties.

The resulting scale, built form and presentation of the development to Carlingford Road would integrate well with the approved development on the eastern and western adjoining properties and is consistent with approved development within the precinct.

2.12.3 Landscaping

With the inclusion of five canopy trees that would reach mature heights of 10m -12m within the front and rear setbacks, the landscape design would provide suitable landscaped areas for the presentation of the building in the streetscape, active and passive open space areas and screen planting. This has been addressed in Sections 2.5.1 and 2.11.4 of this report.

A communal open space is proposed at the rear of the site and on the northern side (fronting Carlingford Road). Landscaped terraces with planter boxes stepping down from the front and rear balconies would provide privacy to the open space areas. Subject to conditions, the design of the landscaped area within the rear and side setbacks responds appropriately to the constraints of the site and the non-compliance of the landscaped setback dimensions with the Housing Strategy DCP prescriptive measure is considered acceptable.

2.12.4 Floorplates and Separations – Building Indentation

The proposal complies with the 35m maximum floorplate dimension however, does not provide 4m x 4m indentations. The proposal includes two 2m x 1m indentations on both side elevations and a stepping of the front third of the building. Given the site width constraints, the articulation of the building is considered appropriate.

2.12.5 Articulation

The proposed residential flat building complies with the Housing Strategy DCP articulation prescriptive measures and meets the key principles for built form for development within the ‘Carlingford Road, Carlingford’ precinct. The articulation of the building facades has been achieved in the following ways:

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

· Vertical and horizontal solid planes have been provided intercepting the balconies on the front and rear façade up to the fourth floor.

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

· A flat roof has been provided without a parapet.

· The top storey would incorp orate a penthouse with front and rear balconies with a large proportion of openings on all elevations.

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

· The buildings would incorporate contemporary colours in neutral tones.

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

2.12.6 Open Space

The proposed unit open space areas comply with the prescriptive area requirements, include a range of space layouts with access off living areas and would provide for a range of outdoor activities.

The communal open space areas comply with the prescriptive area requirements and would provide for useable open space areas for future residents. It is considered the proposed open space provision would encourage active living.

2.12.7 Privacy

The building separation and privacy provisions have been discussed in the previous sections of this report.

The primary living areas of the residential units have been positioned to face the front and the rear wherever possible. Whilst front facing balconies are dual aspect, fixed full height privacy louvers are proposed on the eastern side of the balconies and full height privacy louvers or solid walls are proposed on the western side to mitigate any overlooking concerns to the adjoining property. The rear facing balconies include full height solid walls on the eastern and western sides to mitigate detrimental privacy impacts on adjoining neighbours.

The west facing windows serving the north western corner units overlook bedrooms and bathrooms with a building separation of 15m. The east facing window serving the living area in the penthouse would have a building separation of 17m as it is located directly opposite a 4m x 4m building indentation on the approved adjoining eastern property at Nos. 223-227 Carlingford Road.

The ground floor balconies fronting the communal open space at the rear would be adequately screened by landscaping. The proposal has been assessed as satisfactory in this regard and would not compromise the privacy of future occupants or adjoining neighbours subject to the recommended conditions of consent.

2.12.8 Sunlight and Ventilation

The site has a northerly aspect, has frontage to Carlingford and would adjoin residential developments to the east, west and south.

The submitted solar access diagrams demonstrate that the adjoining developments would receive more than three hours of sunlight between 9:00am and 3:00pm.

Of the proposed dwellings, 70% would receive a minimum of two hours of sunlight to living room windows and private open space areas between 9am and 3pm, 22 June in accordance with the Housing Strategy DCP and SEPP 65 requirements. The proposed active common open space areas are located on the northern and southern sides of the development and would comply with the Housing Strategy DCP requirement for two hours of sunlight during mid-winter.

The majority of the units would have a dual aspect and are assessed as satisfactory with regard to cross-ventilation requirements.

2.12.9 Housing Choice

The proposed building includes a mix of dwellings including; one bedroom, two bedroom and three bedroom units.

The proposed unit mix complies with the Housing Strategy DCP requirement for at least 10% of each unit type and for 30% adaptable units. The proposal also indicates that 13% of units are accessible which complies with the minimum 10% requirement. A condition is recommended that the details of fit-outs of all accessible units and details of adaptable units must be provided with the Construction Certificate Plans.

The application is assessed as satisfactory with regard to housing choice and mix.

2.12.10 Vehicle Access and Parking

The proposed vehicle access to the common basement area is via a 4m – 8m wide driveway off Carlingford Road. The basement level includes 18 car parking spaces comprising 15 resident spaces and 3 visitor spaces including disabled car parking. A minimum of 3 visitor and 15 residential parking spaces is required for the development under the Housing Strategy DCP.

As discussed in Section 2.11.5, the proposed development complies with the resident and visitor car parking requirements of the HDCP and subject to the recommended conditions regarding bicycle spaces, the application is assessed as satisfactory with regard to vehicle access and parking requirements.

2.12.11 Key Development Principles

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

2.13 Waste Minimisation and Management Development Control Plan (WMMDCP)

The proposed waste management for the development includes a bin storage room on each floor to house a garbage chute and one recycling bin. A condition has been recommended that on each level that includes an adaptable or accessible unit, the bin room would require door and room widths suitable for accessibility by persons with a disability.

The proposed driveway and basement has not been designed to enable a Small Rigid Vehicle for garbage collection to enter and leave the basement in a forward direction and comply with Australian Standard AS 2890.2-2002 Parking Facilities Part 2: Off-street Commercial Vehicle Facilities in that the gradient of the entry ramp must be no steeper than 1:6.5 (15.4%). The plans dated 28/8/2013 show the ramp slope at 17.5% (1:5.7).

A condition is recommended that a report(s) must be prepared by a registered surveyor and submitted to the principal certifying authority prior to the issue of the Subdivision/Occupation Certificate, certifying that the finished access way complies with the Australian Standard AS2890.2-2002 Parking Facilities Part 2: Off-street Commercial Vehicle Facilities for small rigid vehicles.

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

2.14 Access and Mobility Development Control Plan

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

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

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

2.15 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 Sections 2.11.5 and 2.12.10 of this report.

2.16 Sustainable Water Development Control Plan

2.17 Hornsby Shire Council Section 94 Development Contributions Plan 2012-2021

Council’s Section 94 Plan applies to the development as it would result in 14 additional residential units. Accordingly, the requirement for a monetary Section 94 contribution is recommended as a condition of development consent.

3. ENVIRONMENTAL IMPACTS

3.1 Natural Environment

3.1.1 Trees

The proposed development would not necessitate the removal of any significant trees. The application has been supported by an arborist report that assesses existing tree No. 1 located on the eastern property side as worthy of retention and recommends protection of the tree during construction.

The submitted landscape plan would include locally indigenous tree species. In addition, the recommended condition requiring the planting of 5 x medium to large trees would maintain canopy cover and enhance the visual amenity of the site. The application is assessed as satisfactory in this regard.

3.1.2 Stormwater Drainage

A Council drainage easement traverses the northern western corner of the site and constitutes flood-prone land. The proposal includes a 0.43mm -1m high masonry wall containing mailboxes on the front property boundary and a wall along the western property boundary which is located within the proposal overland flow path. These structures would exacerbate existing flooding issues and are to be deleted from the design. Conditions have been recommended that no walls are to be built across the overland flow path and the finished ground levels are to be in accordance with drawing No. 1577-C-DA04_B, and the plan and section details of Proposed Overland Flows drawn by HKMA Engineers dated 28 August 2013.

The development proposes to connect to Carlingford Road drainage system via an on-site detention system located along the western side boundary. Council’s engineering assessment concludes that the proposal is satisfactory in regards to stormwater drainage.

3.2 Built Environment

3.2.1 Residential Character

The site is within a precinct undergoing transition to higher density housing. The proposed scale, built form and presentation of the development would integrate with the approved five storey residential development on adjoining sites. The proposed development is in accordance with the key principles of the ‘Carlingford Road, Carlingford’ Precinct of the Housing Strategy DCP.

3.2.2 Traffic Generation

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

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 would 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 has been prepared for consideration by Council at its 20 November 2013 meeting to enable Council to determine its position concerning the recommended road improvements.

A Traffic and Parking Impact Assessment prepared by Varga Traffic Pty Ltd has been submitted with the proposal. The report concludes that the Level of Service (LoS) for Carlingford Road and the nearby intersections would be negligibly affected by the traffic generated due to the proposed development (8 peak hour vehicular trips). Council’s engineering assessment of the traffic impacts of the development concludes that the proposal is satisfactory.

In addition, the Roads and Maritime Service has reviewed the application and provided its concurrence to the proposed development subject to recommended conditions.

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

3.3 Social Impacts

The proposed development will increase the availability of housing in the locality including the provision of adaptable housing and be of positive social impact.

3.4 Economic Impacts

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

4. SITE SUITABILITY

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

The subject site has not been identified as bushfire prone land. The section of the site fronting Carlingford Road is affected by an overland flow path and constitutes flood-prone land. The application includes an updated hydrological analysis dated 28 August 2013 which concludes that the design would not have any impact on flood levels, both upstream and downstream. Notwithstanding, the proposal includes structures i.e. walls along the front and western side property boundaries that are located within the overland flow path. A condition of consent is recommended to delete the walls within the overland flow path. Subject to conditions, adjoining properties would remain unaffected.

The site is considered to be capable of accommodating the proposed development. The scale of the proposed development is consistent with the capability of the site and is considered acceptable.

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 10 July 2013 and 31 July in accordance with Council’s Notification and Exhibition Development Control Plan. During this period, Council did not receive any submissions.

NOTIFICATION PLAN

• PROPERTIES NOTIFIED

X SUBMISSIONS

RECEIVED

PROPERTY SUBJECT OF DEVELOPMENT

5.2 Public Agencies

5.2.1 NSW Roads and Maritime Services

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

5.2.2 NSW Police

The proposal was referred to NSW Police Force for comments whereby no objections were raised.

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 existing structures and the construction of a five storey residential flat building comprising 15 dwellings, basement car parking and strata title subdivision.

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

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

Approval of the application is recommended.

Rod Pickles

Manager - Development Assessment

Planning Division

James Farrington

Group Manager

Planning Division

1.View	Locality Map
2.View	Site Plan
3.View	Landscape Plan
4.View	Floor Plans
5.View	Elevation Plans
6.View	Shadow Diagrams

File Reference: DA/644/2013

Document Number: D02509319

SCHEDULE 1

GENERAL CONDITIONS

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

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
8230 DA-A:00_A	Cover Page	Zhinar Architects	21/6/2013
8230 DA-A:01_A	Site Analysis	Zhinar Architects	7/6/2013
8230 DA-A:02_A	Urban Context Analysis	Zhinar Architects	7/6/2013
8230 DA-A:03_C	Basement Plan	Zhinar Architects	28/8/2013
8230 DA-A:04_C	Ground Floor	Zhinar Architects	28/8/2013
8230 DA-A:05_C	First Floor Plan	Zhinar Architects	28/8/2013
8230 DA-A:06_C	Second and Third Floor Plan	Zhinar Architects	28/8/2013
8230 DA-A:07_C	Fourth and Roof Plan	Zhinar Architects	28/8/2013
8230 DA-A:08_C	North and South Elevations	Zhinar Architects	28/8/2013
8230 DA-A:09_C	East and West Elevations	Zhinar Architects	28/8/2013
8230 DA-A:10_C	Sections	Zhinar Architects	28/8/2013
13075DA1	Landscape Concept Plan	Vision Dynamics Pty Ltd	30/05/2013
1577-C-DA01_B	Stormwater Layout Basement Level	HKMA Engineers	28/8/2013
1577-C-DA02_B	Stormwater Layout Ground Level	HKMA Engineers	28/8/2013
1577-C-DA03_B	OSD Tank Plan and Section Details and Notes	HKMA Engineers	28/8/2013
1577-C-DA04_B	Plan and Section Details of Proposed Overland Flows	HKMA Engineers	28/8/2013
Job No.8230_A	Colour Schedule	Zhinar Architects	29/5/2013

Document Name	Drawn by	Dated
Arboricultural Impact Assessment	Redgum Arboricultural and Horticultural Consultants Horticultural Consultants	June 2013
Acoustic Report	Acoustic Logic	6/6/2013
Statement of Environmental Effects	Caladines Town Planning	June 2013
Traffic and Parking Report	Varga Traffic Planning	21/6/2013
Access Report	Certified Building Specialists	29/5/2013
SEPP 65 Design Verification Statement	Zhinar Architects	June 2013
Basix Certificate No. 484761M	Designview	30/5/2013
ABSA Assessor Energy Certificate and Plans No. 1005366792	Albert Bechara (Assessor)	27/5/2013
Waste Management Plan	Zhinar Architects	Undated

2. Amendment of Plans

The approved plans are to be amended as follows:

a) To maintain canopy cover, 5 x medium to large trees selected from Council’s booklet ‘Indigenous Plants for the Bushland Shire’ such as Angophora floribunda are to be planted on the subject site. This is required to be indicated on the Landscape Concept Plan.

b) Delete the traffic island from the driveway design.

c) Include a central median in Carlingford Road as required by RMS on the approved plans.

d) 5 x bicycle parking spaces are to be included in the Basement Level Car Park.

e) All built structures i.e. walls are to be deleted from the overland flow path.

f) Letter boxes are to be relocated at least 2m from the front property boundary and not within the overland flow path.

g) The Landscaping within the overland flow path (the north western part of the proposed development) is to be revised to ensure the finished ground levels are in accordance with drawing No. 1577-C-DA04_B, titled Plan and Plan and Section Details of Proposed Overland Flows drawn by HKMA Engineers dated 28 August 2013.

3. Construction Certificate

A Construction Certificate is required to be approved by Council or a Private Certifying Authority prior to the commencement of any works under this consent.

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 relevant requirements of the Building Code of Australia.

5. Contract of Insurance (Residential Building Work)

6. Water/Electricity Utility Services

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

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

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

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

7. Adaptable Units

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

8. Letter Boxes

The details of letter boxes must be provided with the Construction Certificate Plans. The letter boxes must be provided with a minimum setback of 2m from the front property boundary and not located within the overland flow path.

9. Waste Management Details

The following waste management requirements must be complied with:

a) On each level that includes an adaptable or accessible dwelling, the waste facility (the garbage chute and recycling bin) needs to be accessible by persons with a disability.

b) The access way (including ramp to the basement car park, vehicle turning area, loading bay and site entry/exit) to be used by waste collection vehicles, must comply with Australian Standard AS2890.2-2002 Parking Facilities Part 2: Off-street Commercial Vehicles Facilities for small rigid vehicles with minimum design vehicle dimensions of 6.4m overall length, width of 2.3m, with maximum gradient of 1:6.5 and minimum 3.5m clearance height.

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

10. Erection of Construction Sign

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

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

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

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

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

11. Protection of Adjoining Areas

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

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

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

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

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

12. Toilet Facilities

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

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

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

13. Erosion and Sediment Control

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

14. Tree Protection Barriers

Tree protection fencing must be erected around trees numbered 1 at a distance as set out under Section 7 of the as indicated in the Arboricultural Impact Assessment prepared by Redgum Horticultural Consultants date June 2013. The tree fencing must be constructed of 1.8m ‘cyclone chainmesh fence’.

REQUIREMENTS DURING CONSTRUCTION

15. 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.

16. 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;

17. Environmental Management

18. 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 tree protection zones nominated in the Arboricultural Impact Assessment prepared by Redgum Arboricultural and Horticultural Consultants of any trees required to be retained (whether or not on the subject property, and pursuant to this consent or the Tree Preservation Order), must be carried out under the supervision of an ‘AQF Level 5 Arborist’ and a certificate submitted to the principal certifying authority detailing the method(s) used to preserve the tree(s).

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

19. Street Sweeping

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

20. Council Property

21. Disturbance of Existing Site

22. Demolition and Construction Vehicles

All demolition and construction vehicles must be wholly parked within the site at all times.

23. Landfill

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

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

24. Excavated Material

25. 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.

26. 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.

27. Construction Noise Management

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

28. Waste Management Details

a) The identity of the person removing the waste.

b) The waste carrier vehicle registration.

c) Date and time of waste collection.

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

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

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

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

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

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

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

29. Stormwater Drainage – Dwellings

a) Connected to an existing Council piped drainage system via an on-site detention system.

b) For connection to Council pit, a construction certificate application is to be submitted to Council (as Council is the authority to approve a plan for connection to a Council system).

c) Be designed by a qualified hydraulic engineer.

30. On Site Stormwater Detention

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

a) Storage capacity to accommodate volume from up to 20 years ARI (average recurrence interval) and a maximum discharge (when full) limited to 5 years pre development rate.

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

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

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

f) Detail calculations are to be shown in construction certificate plan.

31. Overland Flow Path, Landscaping and Flood Proofing

a) A 100 year ARI overland flowpath, based on the report Drawing No 1755-C, DA04, Revision A drawn by HKMA Engineers is to be constructed (the landscaping of the overland flow area, as proposed by drawing No 13075DA 1, Revision A, drawn by Vision Dynamics is to be altered to have finished ground levels as shown in the drawing by HKMA Engineers).

b) No walls above finished ground level across the flow path are to be erected to ensure uninterrupted overland flow through the development site.

c) Any structural wall abutting the overland flowpath shall be flood proofed in accordance with Floodplain Development manual of New South Wales Government.

d) Floor levels of habitable rooms of the development abutting the 100 year ARI overland flowpath shall be 0.5m above the 100 year ARI flood levels (at the corresponding point as shown in the Drawing No 1755-C, DA04 , Revision A drawn by HKMA Engineers).

e) A works as executed plan is to be submitted to Council.

32. 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.

33. 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) All parking spaces for cars, waste and delivery vehicle are to be line marked and posted.

34. Road Works - Footpath

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) Existing footpath along the frontage of the development shall be removed and reconstructed.

b) Nature strip on both sides of the footpath is to be top soiled and turfed.

c) A construction certificate is to be submitted to Council for approval.

Note: Council is the only authority to approve works within Council roads.

35. 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.

36. 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, overland flow path, drainage systems, driveways and on-site detentions system.

37. Foundation of Structure within Council Stormwater Pipe Zone of Influence

Foundation of structure in the proximity of Council stormwater pipe shall be carried out by a Chartered Structural Engineer of the Institution of Engineers, Australia ensuring that the Council pipes are not impacted.

After completion of works, a certificate from a Chartered Professional Structural Engineer of the Institution of Engineers, Australia confirming that works have been carried out in a manner that no impact has been created on Council drainage system.

38. Creation of Easements

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

a) 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.

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

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

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

39. Maintain Canopy Cover

To maintain canopy cover, 5 medium to large trees selected from Council’s booklet ‘Indigenous Plants for the Bushland Shire’ such as Angophora floribunda are to be planted on the subject site. The planning location shall not be within 4 metres of the foundation walls of a dwelling or in-ground pool. The pot size is to be a minimum 25 litres and the tree(s) must be maintained until they reach the height of 3 metres. Trees must be native to Hornsby Shire and reach a mature height greater than 15 metres.

40. Fulfilment of BASIX Commitments

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

41. Sydney Water – s73 Certificate

An s73 Certificate must be obtained from Sydney Water.

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. 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.

44. Retaining Walls

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

45. External Lighting

46. Unit Numbering

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

47. Completion of Landscaping

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

48. Garbage Collection Easement

49. Waste Management Details

The following waste management requirements must be complied with:

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

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

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

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

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

Note: If the 60% diversion from landfill 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.

iii) All waste was taken to 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 st orage 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 routes must be devoid of any steps.

Note: Ramps between different levels are accepted.

f) “No parking” signs must be erected to prohibit parking in the waste collection vehicle turning area and loading area.

g) A report(s) 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 access way (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 6.4m overall length, width of 2.3m, with maximum gradient of 1:6.5 and minimum 3.5m clearance height.

h) The 3.5m clearance height within the waste collection vehicle travel path must not be reduced by ducting, pipes or anything else.

50. Section 94 Development Contributions

Description	Contribution (4)
Roads	$9,842.75
Open Space and Recreation	$176,295.70
Community Facilities	$24,716.10
Plan Preparation and Administration	$759.45
TOTAL	$211,614.00

being for 15 units comprising 2 x 1 bedroom units, 10 x 2 bedroom units and 3 x 3 bedroom units and 1 credit.

$C_{PY =}$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.

b) 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

51. Car Parking

All car parking must be constructed and operated in accordance with AS2890.1-2004 Off Street Car Parking and AS2890.2-2002 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.

e) 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.

f) All bicycle parking spaces are to be provided in accordance with AS2890.3-1993 Bicycle Parking Facilities.

52. Disabled Parking

All parking spaces for people with disabilities must be constructed and operated in accordance with AS2890.6 - 2009 Off-street parking for people with disabilities.

53. Headroom Clearance

Headroom clearance of 3.5m is to be maintained at change of grade to the basement level.

54. Sight Lines for Pedestrian Safety

Minimum sight lines for pedestrian safety are to be provided at the driveway.

55. Noise

56. Fire Safety Statement - Annual

57. 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.

58. Waste Management

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

a) A site manager or caretaker must be employed and be responsible for moving bins where and when necessary, 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 areas, managing the bulky item storage area, arranging the prompt removal of dumped rubbish, ensuring the vehicle turning area and truck loading area is kept clear of parked cars, and ensuring all residents are informed of the use of the waste management system.

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

CONDITIONS OF CONCURRENCE – NSW 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. Access Driveway

The access driveway width is to be a minimum of 5.5m for at least 6m from the property line as per AS2890.1:2004.

The design and construction of the vehicular crossing on Carlingford Road shall be in accordance with RMS requirements. Details of these requirements should be obtained from RMS Project Services Manager, Traffic Projects Section, Parramatta (Telephone 8849 2496).

Detailed design plans of the proposed vehicular crossing are to be submitted to RMS for approval prior to the commencement of any road works. A plan checking fee (amount to be advised) and lodgement of a performance bond may be required from the applicant prior to the release of the approved road design plans by RMS.

60. Installation of the Central Median

As part of the development, a central median is to be installed on Carlingford Road and extended on both sides of the driveway to enforce left-in and left-out movements.

The central median shall be designed to meet RMS requirements, and endorsed by a suitably qualified practitioner. The design requirements shall be in accordance with AUSTROADS and other Australian Codes of Practice. The certified copies of the civil design plans shall be submitted to RMS for consideration and approval prior to the release of the Construction Certificate by Council and commencement of road works.

The developer may be required to enter into a Works Authorisation Deed (WAD) for the above mentioned works. Please note that the WAD will need to be executed prior to RMS assessment of the detailed civil design plans.

RMS fees for administration, plan checking, civil works inspections and project management shall be paid by the developer prior to the commencement of works.

61. Construction Activity

All construction activity associated with the proposed development is to be contained on site as no construction zones will be permitted on Carlingford Road in the vicinity of the site.

62. Road Occupancy License

A Road Occupancy License should be obtained from TMC for any works that my impact on traffic flows on Carlingford Road during construction activities.

63. Construction Traffic Management Plan

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

64. Swept Path

The swept path of the longest vehicle (to service the site) entering and exiting the subject site, as well as manoeuvrability through the site, shall be in accordance with AUSTROADS. In this regard, a plan shall be submitted to Council for approval, which shows that the proposed development complies with this requirement.

65. Layout of Car Parking Area

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 AS2890.1-2004.

66. Signposting

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

67. Sight Distance to Pedestrians and Cyclists

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

68. Vehicular Entry

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

CONDITIONS OF CONCURRENCE – NSW POLICE

69. CCTV

CCTV should be installed in all access ways, particularly around the foyer area and entry and exit points. If possible CCTV should be installed around communal mail boxes as mail theft is an increasing crime within the metropolitan area.

70. Lighting

Areas around the entrance, basement car parking area and communal areas are to be well lit and designed in accordance with Australian and New Zealand lighting standards.

71. Signage

a) A street sign should be prominently displayed at the front of the development to comply with Local Government Act, 1993, Section 124, Order No. 8.

b) Signage also needs to be provided at entry/exit points and throughout the development to assist users and warn intruders they will be prosecuted.

c) Signage also needs to be provided on the fire exit doors warning users that the doors are to be used for emergency purposes only.

d) Signage is required to indicate entries and exits to both the building and car parking areas. Signs should be clear, legible and useful. Number of units should be clearly marked and the front of the building should have clear signage in regards to street numbers so that emergency services are able to clearly read the numbers of the unit block.

e) If boundary fences are erected at the front of the property, they should not be erected in such a way that they do not prohibit the natural surveillance inside the property.

72. Environmental Maintenance

a) A maintenance policy needs to be established for this development.

b) A graffiti management plan needs to be incorporated into the maintenance plan for the development.

73. Access Control

a) All areas should be fitted with doors that comply with Australian Design Standards.

b) The locks fitted to the doors should be of a high quality and meet the Australian design standards.

c) Glass within these doors should be laminated to enhance the physical security of the doors.

d) Access control should be set in place to exclude unauthorised access to restricted areas.

e) Windows, particularly on the ground floor should be fitted with good quality window locks that can be locked with a key.

f) All mail boxes should be of a high quality with good quality locks allowing access by the resident only.

74. Space/Activity Management

The security system and cameras are to be installed in the building at the time of construction and not after. If left to be determined by a body corporate, it is highly likely that the security system would not be adopted.

- 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.

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

Long Service Levy

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

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

Tree Preservation Order

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

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

Disability Discrimination Act

Covenants

Dial Before You Dig

Telecommunications Act 1997 (Commonwealth)

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:

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

Group Manager’s Report No. PL110/13

Planning Division

Date of Meeting: 20/11/2013

16 DEVELOPMENT APPLICATION - CHILD CARE CENTRE - 23 BELLAMY STREET, PENNANT HILLS

EXECUTIVE SUMMARY

DA No:	DA/679/2012 (Lodged 5 July 2012)
Description:	Demolition of existing structures and construction of a new purpose built 60 place child care centre
Property:	Lots 9 and 10, DP 17123, No. 23 Bellamy Street, Pennant Hills
Applicant:	Shayne Lysaght
Owner:	Shayne Lysaght
Estimated Value:	$750,000
Ward:	C

· The application proposes demolition of existing structures and construction of a new purpose built 60 place child care centre.

· The proposal complies with the objectives of the Hornsby Shire Local Environmental Plan 1994. The proposal generally complies with the requirements of Council’s Community Uses Development Control Plan with the exception of the number of children and the provision of landscaping.

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

· 53 submissions and 1 petition with 63 signatures have been received in respect of the application.

· It is recommended that the application be approved.

RECOMMENDATION

THAT Development Application No. DA/679/2012 for demolition of existing structures and construction of a purpose built 60 place child care centre at Lots 9 and 10, DP 17123, No. 23 Bellamy Street, Pennant Hills be approved subject to the conditions of consent detailed in Schedule 1 of Group Manager’s Report No. PL110/13.

BACKGROUND

The site is currently used for residential purposes.

SITE

The site comprises 2 lots, has an area of 1653.66m²and is located on the north-western side of Bellamy Street approximately 60m south of the intersection with Laurence Street. The site adjoins the Lilian Fraser Garden which is listed as a heritage item (local) in Schedule D of the Hornsby Shire Local Environmental Plan 1994.

There is a single storey dwelling positioned towards the centre of the site and located over the boundary of Lots 9 and 10. The site has a right of carriageway 3.5m wide extending along the south western boundary which provides access for the dwelling at the rear of the site on Lot E DP 380042, No. 21A Bellamy Street. The site is traversed by a watercourse along the south-west corner.

The site contains a number of exotic trees. It is noted that there are no trees protected by Council’s Tree Preservation Order, which would be impacted upon by this proposal. The site is surrounded by one and two storey residential dwellings.

The site is located in close proximity to Pennant Hills High School.

PROPOSAL

The proposal is for the construction of a new 2 storey child care centre. The proposed works include:

· Demolition of the existing dwelling-house and associated outbuildings;

· Removal of existing concrete driveway;

· Clearing and removal of existing landscaping (tree removal has been undertaken already);

· Removal of existing front and northern side boundary fencing;

· Construction of a new split-level childcare centre;

· New covered outdoor learning area;

· New gazebo/sandpit in the north-western corner of site;

· New car-parking area within the front boundary of the site;

· New additional driveway entry and configuration of the car-park;

· New pathway parallel to the northern side boundary; and

· New fencing parallel to the existing watercourse which transects the rear of the site.

The centre would cater for 60 children and the proposed hours of operation would be 7.30am to 6.00pm Monday to Friday.

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 child care facilities to support a growing population.

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 ‘demolition’ and ‘child care centre’ 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 (Low Density) zone is 0.4:1. The proposed development has a FSR of 0.35:1 which complies with this requirement.

Clause 18 of the HSLEP sets out heritage conservation provisions for Hornsby Shire. The property is located adjacent to property No. 1 Laurence Street, Pennant Hills which is listed as a heritage item (Lilian Fraser Garden - Landscape Item) of local significance under the provisions of Schedule D (Heritage Items) of the HSLEP.

The inventory sheet for the property provides the following statement of significance and description for the item:

“Garden, commemorating Lilian Fraser, plant biologist horticulturist and gardener of 60 years, displaying an almost rural, rambling character evolving over period from c1915 to 1970s and becoming a rarity. The garden includes a number of rare species and is a mecca for native birds. Of high local significance.”

“The garden has evolved into a fine, rambling, almost rural, woodland garden densely planted under mature trees with a wide array of shrubbery and low planting. Trees include an old Camphorlaurel (with Monsteria from c1900's) Dawn Redwood to 22m, Oak, Jacaranda, Firewheel, N.Z. Christmas, Gnarled Banksia, Magnolias, Dogwoods, Crab-apple, flowering Cherries, Pocket-Hanker chief, Fringe tree, and shrubbery including Camellias, Azaleas, Plumbago, Hydrangeas, Rose bushes, Abutilions, bulbs and perennials. The garden has been and remains a mecca for bird life (36 native species are listed as visiting the garden)”.

During the assessment of the application, the owner removed a number of trees from the site which are exempt under Council’s Tree Preservation Order and erected a 1.8m high paling fence on the boundary shared with the Lilian Fraser Garden.

Accordingly, Council’s Heritage assessment raises no objection to the proposal subject to suitable landscape planting at the interface, including trailing plants over the fence consistent with the species in the Lilian Fraser Garden.

2.2 Hornsby Local Environmental Plan 2013

The Hornsby Local Environmental Plan 2013 (HLEP) was made on 27 September 2013 and came into effect on 11 October 2013. The HLEP includes a savings provision stating that if a development application is made and not finally determined before the commencement of the HLEP, the application must be determined as if the Plan had been exhibited but not commenced. The relevant provisions of the HLEP are addressed below.

2.2.1 Zoning

The site is zoned R2 (Low Density Residential) pursuant to the Land Use Table of the HLEP. The proposed development is defined as a ‘child care centre’ and is a permissible use in the zone with Council’s consent.

2.2.2 Height of Building

The proposal generally complies with this provision as the bulk of the building is at or below 8.5m in height with the exception of a small component of the building in the centre of the site that is 9m due to the topography of the site and the design of the roof. Notwithstanding, the development presents as single storey to Bellamy Street and is consistent with the surrounding residential development.

2.3 State Environmental Planning Policy No. 55 Remediation of Land

The application has been assessed against the requirements of State Environmental Planning Policy No. 55. This Policy provides State-wide planning controls to promote the remediation of contaminated land to reduce the risk of harm to human health and the environment.

The site contamination report submitted with the application states that based on the historical review, site inspection and laboratory analysis of the soil samples, the site is suitable for the proposed child care centre.

Council’s environmental review of the report concludes that the information submitted is adequate. No further investigation is required in this instance and the proposal is satisfactory in respect to the requirements of SEPP 55.

2.4 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.

2.5 Children (Education and Care Services) Supplementary Provisions Regulation 2012

Compliance with the Regulation is required for the licensing of child care centres by the NSW Department of Community Services.

The applicant has submitted a Statement of Compliance from the building designer that the proposed development has the potential to comply with the facilities and equipment requirements of the Regulation. The proposed development is in accordance with the Regulation with respect to Clause 28 Space requirements for the provision of indoor and outdoor play areas, administration/meeting room and staff room and includes a separate room that is used only for sleeping for children under 2 years of age.

In this regard, subject to conditions, the proposal complies with the Children (Education and Care Services) Supplementary Provisions Regulations 2012.

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

2.7 Hornsby Development Control Plan 2013

The Hornsby Development Control Plan (HDCP) 2013 applies to all land within Hornsby Shire and will replace Council’s existing DCPs, providing development controls to complement the HLEP. The HDCP came into effect on 11 October 2013.

The following sections of this report include a detailed assessment of the proposal against Council’s existing DCP controls that applied at the time the application was lodged. Although the HDCP was not in force at the date of lodgement of the application, the development proposal has been assessed against the Plan.

The HDCP is generally a transition of Council’s existing DCPs, into a consolidation Plan. Notwithstanding, it is noted that the following controls are inconsistent with the existing DCP requirements and a brief discussion of the HDCP requirements is provided below:

2.7.1 Scale

The proposed development has a minor non-compliance with the maximum building height of 8.5m which has been discussed in Section 2.2.2 above. The development satisfies the provisions to permit 60 children as 22 places will be available to 0-2 year old (36%) which exceeds the minimum 33% requirement and other children’s services will be integrated into the development.

The development has a floor area of 511.4m² which does not comply with the maximum floor area of 430m² for lot sizes 900m² or larger. Notwithstanding, the development is located over 2 lots and if it were designed as 2 buildings, the total floor area of both centres could be a maximum of 760m² (380m²) for each lot. As the bulk and scale of the building is consistent with the surrounding residential development, the application is assessed as satisfactory with regard to the scale requirements of the HDCP.

2.8 Community Uses Development Control Plan

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

Community Uses Development Control Plan
Control	Proposal	Requirement	Compliance
Site Area	1653.66m²	N/A	N/A
Density - Floor Area - FSR - Site Coverage	581.1m² 0.35:1 37%	Max. 661.5m² 0.4:1 40%	Yes Yes Yes
Number of Children - 0-2 age group - Total number of children	22 60	33% of total =. 20 40	Yes No
Height	2 storeys	Max. 2 storeys	Yes
Recreation Space - Child care: Outdoor (7m² per child) - Child care: Indoor (3.25m² per child)	490m² 214m²	420m² 195m²	Yes Yes
Landscaping	27%	45%	No
Car Parking	15 spaces	15 spaces	Yes
Setbacks Building - Bellamy Street - Rear (north-west) - Side (north-east) - Side (south-west) Gazebo/Sandpit - Rear (north-west) - Side (north-east)	18.3m 12m 2m 4m 2m 4m	6m 3m 2m 2m 3m 2m	Yes Yes Yes Yes No Yes

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

2.8.1 Density

The ‘density element’ of the Community Uses DCP states that child care centres on land zoned residential should be limited to 40 children. However, a maximum of 60 places may be permitted where all other DCP requirements are met, a minimum of 33% of places are provided for 0-2 year olds; and

· The child care centre involves the conservation of a heritage item or a building of contributory value in a heritage conservation area in the case of a dwelling-house conversion; and/or

· A minimum of 4.5m² of unencumbered indoor play space and a minimum of 15m² of unencumbered outdoor play space is provided per child in accordance with best practice; and/or

· Where other children’s services are integrated into the development.

The development proposes to provide 22 places for the 0-2 year old (36%) which exceeds the minimum 33% requirement and to provide other children’s services integrated into the development to justify the increase in number of children from 40 to 60 places.

The applicant has advised that the ‘other children’s services’ integrated into the development include partnerships with community groups, community meeting space, early childhood professional and health services, early intervention and support programs for children with additional needs, brokerage services for back up child care for emergencies and sick children.

The ‘Density’ element also requires the maximum footprint of any building in a child care centre should be 350m² (for centres meeting minimum space provision standards) or 400m² (for centres meeting the ECA best practice space provision standards). The proposal’s building footprint is 429.3m² which does not comply with this requirement.

The objective of the above prescriptive measures is to maintain the character of residential areas and minimise the impact of noise on adjacent properties.

Submissions raise concern in respect of the potential impact on the amenity of the immediate area through the use of the site as a child care facility in a residential area. However, the scale of the development is in keeping with the low density scale of the surrounding residential development and is a permissible use in the zone.

Furthermore, the development is located over 2 lots and if it were designed as 2 separate buildings, the total floor area of both centres could be a maximum of 700m² and the 2 centres could have a combined total of 80 children.

As the bulk and scale of the building is consistent with the surrounding residential development, the application is assessed as satisfactory with regard to the density requirements of the Community Uses DCP.

2.8.2 Site Selection

The ‘Site Selection’ element of the Community Uses DCP aims to provide site selection criteria that would encourage the location of special use developments on sites with the lowest potential social and environmental impacts.

The site is well served by train and bus services and is large enough to provide extensive recreation areas and adequate car parking for the proposed child care centre. Council’s traffic assessment of the proposal concludes that the development has been designed to provide sufficient car parking spaces and allows for adequate vehicular turning areas.

The DCP states that child care centres should have safe vehicular access and where possible, not be located on a main road. The site is located on Bellamy Street which is considered to be an unclassified regional road which is not defined as a Main Road, Secondary Road or Tourist Road under the Roads Act 1993. Therefore, it is considered that the site has safe vehicular access.

The site is within a low density residential area which would therefore be close to populations with a large proportion in the 0-4 age group. The site is not adjacent to transmission lines and a preliminary contamination assessment was submitted with the application which concludes that the land is not contaminated. The site is not situated on steep land or within a bushfire prone area.

Accordingly, the site’s attributes are considered conducive to the proposed development.

2.8.3 Setbacks

The ‘Setbacks’ element of the Community Uses DCP aims to provide for landscaping and to protect the privacy and visual amenity of adjacent dwellings.

The proposed building setbacks are considered to be appropriate on the basis that adequate area is provided to screen the building and the car parking area from the street.

A gazebo/ sandpit is proposed to be located at the rear of the property and set back 2m from the property boundary, which represents a variation of 1m from the requirement of the Community Uses DCP. The variation is considered to be acceptable for the following reasons:

· The structure is lightweight construction and is single storey.

· The structure would not be intrusive to the adjoining properties.

The applicant has generally demonstrated that sufficient setbacks would be provided to the adjacent development and that acoustic measures would be implemented to mitigate potential noise generated by the operation of the centre. The proposed setbacks comply with the element objective for ‘Setbacks’ of the Community Uses DCP.

2.8.4 Traffic, Parking and Access

The nearest train station is Pennant Hills Railway Station, which is located approximately 790m away and connecting train services to Hornsby and nearby suburbs is provided from this facility.

There is public transport in the form of bus stops located near the site. However, it is considered that the majority of trips to, and from, the site would occur mainly via private motor vehicle.

All of the submissions raise concerns with respect to the traffic impacts the development would have on the local traffic network and parking. In particular, concern is raised with respect to increased traffic congestion; accuracy of the submitted report, right turn would cause delays to through traffic; delays in exit from centre; danger if parents and children try to cross Bellamy Street to access centre; poor sight distance at driveway; potential traffic calming measures that would limit access to other residents is not appropriate and pedestrian safety.

The applicant submitted a Traffic and Parking Assessment Report (TPAR) prepared by Terraffic Pty Ltd dated 24 June 2011 to support the proposed development. Council’s Traffic and Road Safety assessment is detailed below.

2.8.4.1 Traffic Generation

The TPAR states that PM traffic counts were carried out between 3:30pm and 4:30pm on Wednesday 16 February 2011. However, the data provided in Appendix A shows the PM counts were carried out between 3:30pm and 6:30pm, with the peak hour being 5.00pm to 6.00pm.

Additional traffic volume counts were carried out by Terraffic Pty Ltd on Tuesday 18 September 2012 at the intersection of Bellamy Street and Boundary Road. Comparison of traffic volumes in the section of Bellamy Street between Boundary Road and Laurence Street show a decrease in traffic between February 2011 and September 2012.

Using RTA data for traffic generation, there would be 48 vehicle trips per hour (vtph) in the AM peak and 42 vtph in the PM peak. The TPAR has assumed that the 10 staff would arrive by car as driver. To be consistent with the parking provision this should be reduced to 8, thus giving 28 inbound and 20 outbound trips in the AM peak and 17 inbound and 25 outbound trips in the PM peak.

Traffic counts were carried out on one day, as is normal traffic analysis practice.

The results of the SIDRA analysis conclude that traffic generated by the proposed development is relatively negligible and would not have a noticeable impact on the operating performance of intersections serving the development. Accordingly, traffic generation is not considered to be an issue with the proposed development.

2.8.4.2 Access

The proposed development has separate entry and exit driveways, allowing a one way system through the development. INTANAL analysis provided in the TPAR shows that vehicles turning right into the development would be delayed by an average of 5.2 seconds in the AM and PM peak periods. Observation of the site shows that during peak periods traffic can queue across the proposed entry and exit driveways. The delay for right turn vehicles does not take into account vehicles queuing across the access and thus delaying the right turn in.

Sight distance at driveways is considered to be adequate. Sight line to pedestrians is to be in accordance with AS/NZS 2890.1:2004.

To ameliorate access issues, it is proposed that a right turn bay should be constructed for south bound access. Parking is to be retained on the east side of Bellamy Street and the centre line relocated to the west to retain the parking lane and traffic lane on the east side. Exit traffic is to be limited to left out only.

To prevent parents parking on the east side of Bellamy Street to drop off and pick up children “NO STOPPING, 7AM – 9AM, 2:30PM – 6PM, MON to FRI” restrictions are to installed between the power pole at 28 Bellamy Street and power pole at the boundary of 24 and 22A Bellamy Street, subject to approval by the Hornsby Local Traffic Committee.

2.8.4.3 Parking

Council’s Community Uses DCP and Car Parking DCP specify a parking requirement of 1 space per 4 children, giving a parking requirement of 15 spaces for the proposed child care centre with a capacity for 60 children.

The pick up/set down parking spaces are adjacent to the building so that parents and children do not have to walk onto the internal access road.

The number of parking spaces proposed is in accordance with the DCP requirements.

2.8.5 Recreation Space

The proposed child care centre complies with Clause 30 of the Children (Education and Care Services) Supplementary Provisions Regulation 2012, in respect to spatial and functional requirements. The proposed outdoor play area complies with the regulatory area requirement and meets the Community Uses DCP site selection requirements for extensive play areas. The proposed floor plan layout includes sufficient suitable areas for activities and services ancillary to the operation of the child care centre.

2.8.6 Landscaping

The Community Uses DCP requires 45% of the total site area to be landscaped. The application includes a concept landscape plan prepared by Tessa Rose Playspace and Landscape Design and the submitted plans indicate that 27% of the total site area is to be reserved for landscaping which does not comply with the prescriptive measure. Notwithstanding, the submitted architectural plans indicate that the site would have 49% landscape area through the use of pervious paving to the car parking spaces.

The landscape design includes planting several trees which would soften the view of the building from the front boundary and in conjunction with planting to the side and rear boundaries would be consistent with the residential amenity of the area. Whilst the proposal does not comply with the prescriptive measures, the proposed landscaping is capable of reinforcing the residential function of the street and enhances the amenity of the child care centre building.

To enhance the interface of the development with the adjoining heritage garden, a condition in Schedule 1 requiring additional landscaping with trailing plants over the boundary fence is recommended.

In this regard, the variation to the prescriptive measure is considered to be acceptable.

2.8.7 Acoustics

Concerns are raised with respect to the noise impact the development would have to adjoining properties.

An Acoustic Assessment Report for the proposed child care centre was submitted with the application, and subject to compliance with the recommendations of the acoustic report and conditions contained in Schedule 1 requiring the erection of an acoustic fence on the property boundaries, the proposal is considered satisfactory with respect to potential acoustic impacts.

2.8.8 Crime Prevention

The element objective for ‘Crime Prevention’, as per Council’s Community Uses DCP, is ‘to reduce crime risk and minimise opportunities for crime’.

The main entry point to the site is located on the south-eastern elevation. It is considered that the proposal provides a distinctive entry point, which would control access to the centre.

The play area is located at the rear of the building and would feature a 1.8 metre high acoustic fence, which would restrict the vision of the neighbours to the play area. The north-western facing windows of the indoor play areas and sliding doors would allow effective surveillance to the outdoor play ground areas.

Accordingly, the proposed development does not raise any issues with respect to safety, security and crime.

The application may be subject to additional safety and security requirements in accordance with the Children and Young Persons (Care and Protection) Act 1998 and the Children (Education and Care Services) Supplementary Provisions Regulation 2012. All such requirements are to be satisfied in the design specification for the child care centre, prior to the issue of a Construction Certificate. A condition is recommended to ensure that the above mentioned requirement is accomplished should development consent be granted.

2.8.9 Fence

The provision of fencing is necessary to ensure that adequate visual and acoustic privacy arrangements are maintained in accordance with the requirements of Clause 45 ‘Fencing’ of the Children (Education and Care Services) Supplementary Provisions Regulation 2012.

New fencing is proposed to be erected along the north-east and north-west property boundaries and on the south-west elevation to separate the watercourse from the play area to the rear. The proposed fencing is required to meet the acoustic recommendations for the proposal being a noise background level not exceeding 5 dB(A).

The application is considered to be acceptable in respect to this matter.

2.9 Car Parking Uses Development Control Plan

The primary purpose of this DCP is to provide parking controls for the development. This matter is discussed in detailed in Section 2.8.4 of this report.

2.10 Access and Mobility Development Control Plan

The objective of this DCP is to ensure that new development is accessible and usable by all people in Hornsby Shire, including those people with disabilities. The applicant submitted an Access Report. The application proposes a continuous path of travel and incorporates accessible toilets and an accessible car parking space within the development.

2.11 Waste Minimisation and Management Development Control Plan

The primary purpose of this Development Control Plan is to provide planning strategies and controls to promote waste minimisation and management. The applicant has submitted a waste management plan which in conjunction with the recommended conditions in Schedule 1 ensures the development would be in accordance with the requirements of the DCP.

2.12 Sustainable Water Development Control Plan

The objective of this DCP is to ensure the sustainability of water as a renewable resource and adopt the principles of Ecologically Sustainable Development to achieve this goal. The development site is located in close proximity to an existing creek. Recommended conditions of consent address erosion and sediment control and stormwater management.

3. ENVIRONMENTAL IMPACTS

3.1 Natural Environment

All trees on the site are exempt from Council’s Tree Preservation Order and a number of trees within the development footprint have been removed from the site already. Notwithstanding, subject to conditions and landscaping of the site in accordance with the submitted plans, the proposed development would not have a detrimental impact upon the natural environment.

3.2 Built Environment

3.2.1 Building Design

The proposed development is for a two storey child care centre with an internal and outdoor play area at the rear of the site which is of sufficient size in accordance with the Children (Education and Care Services) Supplementary Provisions Regulation 2012.

The front of the building is shown on the plans as being setback 18m from Bellamy Street. It is considered that the design approach is sympathetic to the character and amenity of the area.

In scale and appearance, it is considered that the proposed child care centre would be consistent with existing development in the locality.

The applicant submitted a schedule of finishes for the proposal. The colours and proposed textures of the finishes are considered compatible with the surrounding built form and would contribute to the visual amenity of the adjoining properties.

3.2.2 Traffic

A Traffic and Parking Assessment Report (TPAR) prepared by Terraffic Pty Ltd dated 24 June 2011 was submitted with the application. The traffic, access and parking issue are discussed in Section 2.8.4 of this report. Council’s traffic assessment that traffic generation is not considered an issue with the proposed development.

It is considered that the proposal would have minimal impacts to the existing local road network and is considered to be acceptable in this regard.

3.3 Social Impacts

The proposed child care centre would provide an extra 60 child care spaces in a locality that currently has reported shortages in vacancies. The development would make a positive social contribution to the local community by providing additional child care options particularly in the 0-2 year age group.

3.4 Economic Impacts

The proposal would have a minor positive impact on the local economy 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.

At present there is a 825mm diameter stormwater pipe running from a stormwater pit in Bellamy Street at the front boundary of Lot D DP 380042 (No. 21 Bellamy Street) to an existing headwall located on the common boundary between Nos. 21 and 23 Bellamy Street, approximately 33m from the front boundary. The pipe is contained within a 1.83m wide drainage easement. The easement flows through the adjacent property Lot D (No. 21) then across Lot 9 (No. 23), which contains an open channel downstream of the headwall. The open channel continues through the rear property Lot D DP 380042 (No. 21A Bellamy Street). The drainage line forms part of Council’s stormwater system. The proposal includes works to relocate and pipe part of the drainage line.

The application was accompanied by a Drainage Report prepared by GJ McDonald Consulting Engineers Ltd which addresses flood levels in a 1 in 100 ARI, the containment of the overland flow path and the potential flooding impacts of the proposal on existing development. The report concluded that:

· The outdoor play area would be dry in the 1 in 100 year ARI;

· The covered area on the lower ground floor would be above the 1 in 100 year ARI;

· The threshold of the fire stairs on the south-west elevation would be above the 1 in 100 year ARI;

· The window sills (glass blocks) on the south-west elevation would be above the 1 in 100 year ARI; and

· The post-development flood regime (level and extent of the 1 in 100 year ARI) for Lot D DP 380042, No. 21A Bellamy Street is the same as the pre-development flood regime.

Council’s engineering assessment of the proposal concludes that the development is satisfactory in respect to a 1 in 100 year storm event.

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 17 July 2012 and 9 August 2012 in accordance with Council’s Notification and Exhibition Development Control Plan. During this period, Council received 53 submissions and 1 petition with 63 signatures. 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
31 SUBMISSIONS RECEIVED OUT OF MAP RANGE

53 submissions and 1 petition with 63 signatures objected to the development, generally on the grounds that the development would result in:

· Unacceptable traffic parking and safety impacts;

· Unacceptable impact on the adjoining heritage item, Lilian Fraser Garden;

· Removal of trees from the site;

· Development that is excessive in bulk and scale;

· Noise, visual and privacy impacts;

· Setbacks;

· Number of children in the facility;

· Drainage impacts; and

· Number of child care centres in locality.

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

5.2 Public Agencies

The development application is Integrated Development under the Act. Accordingly, the application was referred to the following Agency for comment:

5.2.1 NSW Office of Water

The site is traversed by a tributary of Tedbury Creek. The development includes piping of part of the watercourse located under the right of carriageway to access No. 21A Bellamy Street. Accordingly, the proposed development is a controlled activity under the Water Management Act 2000 and requires the approval of the Office of Water (OW). In this regard, the application is ‘integrated development’ and was referred to the OW for assessment.

The OW has granted ‘General Terms of Approval’ for the proposed development which are included in Schedule 1.

6. THE PUBLIC INTEREST

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

CONCLUSION

The proposal involves the demolition of an existing dwelling-house and associated structures and the construction of a purposed built child care centre 60 children. 53 public submissions and 1 petition with 63 signatures were received objecting to the proposal on grounds including traffic, parking and design and environmental grounds. The issues raised in the submissions are addressed in the report and by relevant conditions to ensure any potential impacts are mitigated.

The proposal generally complies with the relevant provisions of the Hornsby Shire Local Environmental Plan 1994, Community Uses Development Control Plan, Access and Mobility Development Control Plan and Waste Minimisation and Management Development Control Plan. The application is permissible in the zone and is considered to be within the environmental capacity of the site.

On balance, and having regard to the community benefit of the proposal, it is considered that the development is worthy of Council’s consent. Accordingly, the proposed development is recommended for approval.

Rod Pickles

Manager - Development Assessment

Planning Division

James Farrington

Group Manager

Planning Division

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

File Reference: DA/679/2012

Document Number: D02554161

SCHEDULE 1

GENERAL CONDITIONS

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

1. Approved Plans and Supporting Documentation

Architectural Plans prepared by Project Works

Plan No.	Plan Title	Rev	Dated
DA01	Site Plan	C	12.12.12
DA02	Site Analysis Plan (Demolition)	A	12.12.12
DA03	Site Management Plan	A	12.12.12
DA04	Lower Level Plan	C	12.12.12
DA05	Ground Floor Plan	C	12.12.12
DA06	Level 1 Plan	C	12.12.12
DA07	Elevations	C	12.12.12
DA08	Sections	C	12.12.12

Landscape Plans prepared by Tessa Rose Playspace and Landscape Design

Plan No.	Plan Title	Rev	Dated
1	Landscape Plan		7 June 2012

Supporting Documents

Document Title	Prepared by	Dated
Statement of Environmental Effects Ref No. 10228	Project Works Design	20 May 2012
Traffic and Parking Assessment Report Ref: 11010	Terraffic Pty Ltd	24 June 2011
Assessment of Environmental Noise – Report No. EN-CCC -070910AJ	Pollution Control Consultancy and Design	July 2012
Asbestos Audit – G10072PH-R01F	Geo-Environmental Engineering Pty Ltd	29 October 2010
Landscape Sample Board/ Specification Notes	Tessa Rose Playspace and Landscape Design	June 2012
Site Tree Location Plan	HSC	23 January 2013
Drainage Report Ref: 11082	GJ McDonald Consulting Engineers	March 2012
Addendum Drainage Report Ref: 12085	GJ McDonald Consulting Engineers	May 2013
Plan No. 11020C Sheets 1 and 2 (Engineering Concept Plans)	GJ McDonald Consulting Engineers	22 March 2013
Assessment and Design of proposed works for CAA Ref: 782ww	Harris Environmental Consulting	10 October 2012
Disability Access Report Ref: 1133	Lindsay Perry Access + Architecture	9 May 2012
External Materials and Colour Schedule	unknown	undated
Adventures Preschool & Long Day Care Letter re: ‘integrated children’s services’	Nerrilee Lysaght	18 April 2013
General Terms of Approval	NSW Office of Water	20 June 2013

2. Amendment of Plans

The approved plans are to be amended as follows:

a) Plan No. 1 Landscape Plan, prepared by Tessa Rose Playspace and Landscape Design, dated 7 June 2012 is to be amended to incorporate the landscaping indicated on Plan No. DA01 Site Plan Rev C, prepared by Project Works, dated 12 December 2012.

b) Plan No. 1 Landscape Plan, prepared by Tessa Rose Playspace and Landscape Design, dated 7 June 2012 is to be amended to incorporate additional trailing plant species along the north-east boundary to screen the boundary fence and to enhance the visual landscape setting of the adjoining property of Lilian Fraser Gardens.

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.

3. Project Arborist

A Project Arborist is to be appointed in accordance with AS 4970-2009 (1.4.4) to provide monitoring and certification throughout the development process.

4. Construction Certificate

A Construction Certificate is required to be approved by Council or a Private Certifying Authority prior to the commencement of any works under this consent.

5. Acoustic Report Compliance

The proposed development must be designed and constructed in accordance with the recommendations of the Assessment of Environmental Noise - Report No. EN-CCC -070910AJ prepared by Pollution Control Consultancy and Design, dated July 2012.

REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

6. Licences

A Controlled Activity Approval (CAA) under the Water Management Act 2000 from the NSW Office of Water must be obtained prior to the issued of a Construction Certificate.

7. Children (Education and Care Services) Supplementary Provisions Regulation 2004

Documentation prepared by a registered architect is to be submitted with the Construction Certificate to certify that the proposed development is in accordance with the requirements of the Children and Young Persons (Care & Protection) Act 1998 and the Children’s Services Regulation 2012.

8. Building Code of Australia

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

9. Sydney Water – Quick Check

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

10. Internal Parking/ Service Areas

The driveway and parking areas on site must be designed in accordance with Australian Standard AS 2890.1-2004 - Off Street Car Parking and Australian Standard 2890.2-2002 - Off Street Commercial (for anticipated service vehicles) and Australian Standard 2890.6-2009 - Off Street Parking for individuals with a disability and the following requirements:

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

b) The driveway and parking modules must be a rigid pavement or sealed to an all weather standard, and designed by a Civil or Structural Engineer with plans submitted with the Construction Certificate;

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

d) The pavements must have a kerb to at least one side and a one-way cross fall with a minimum gradient of 2 percent and a kerb inlets and pits provided on grade and at low points;

e) 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; and

f) 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;

11. Driveway Servicing No. 21A Bellamy Street

To adequately control overland flows in the driveway in accordance with GJ McDonald Consulting Engineers’ Drainage Report (the Drainage Report) Dated March 2012, the driveway to Lot E DP 380042, No. 21A Bellamy Street must be removed, designed and reconstructed in accordance with Australian Standards 2890.1, 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 transitions changes in grade must not exceed 8 percent per plan metre;

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

e) The pavement must have a kerb to one side and a one-way cross fall with a minimum gradient of 2 percent and a 2.4m kerb inlet and pit provided over the Council piped drainage junction pit;

f) The driveway shall be graded downstream of the Council junction pit in order to shed the design storm flow in to the natural watercourse system as per the Drainage Report design;

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

h) Where required by Council, 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 in accordance with the relevant utilities current standard.

12. Stormwater and Trunk Drainage General

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) Rooflines and paved area drainage system for the carparking and upstream courtyard areas and shall be connected directly to the proposed on-site detention (OSD) system;

b) The OSD system permissible site discharge and overflows from the OSD system shall be connected directly to the proposed piped drainage system or natural watercourse;

c) The existing natural watercourse from the proposed driveway pavement to the rear boundary of the subject site shall be constructed to contain the 100 year Average Recurrence Interval (ARI) storm event generally as per the requirements of G J McDonald Consulting Engineers’ Drainage Report (the Drainage Report) dated March 2012 (while not designing habitable levels in accordance with the proposed minimum floor levels discussed therein);

d) Council’s piped drainage system shall be designed and constructed as modified by Council requirements and in accordance with the Drainage Report. The 825 mm diameter pipe under the driveway pavement to Lot E DP 380042, No. 21A Bellamy Street shall be removed and a Council’s standard junction pit with grated kerb inlet pit top and 900 mm diameter reinforced concrete pipe and headwall shall be constructed downstream of the proposed building’s rear wall alignment;

e) Pier and beam method construction adjacent to easements to the depth of the invert of proposed and existing pipes running adjacent the proposed building.

Note: A certificate from a chartered civil engineer together with a works as executed design plan must be submitted to the principal certifying authority to demonstrate the satisfaction of this condition.

13. Overland Flow Path

The stormwater drainage system for the development must be designed and constructed in accordance with the Drainage Report and the following requirements:

a) Ground levels at the rear of the proposal must be shallow filled to the proposed level on the approved plans up the proposed line of acoustic fencing;

b) The minimum floor level and step threshold on the southern side of the proposed building shall be as proposed on the approved plans and protected from rain inundation;

c) The sill level of the southern side hallway glass block window shall be at least RL 162.94. There must be no southern side wall vents lower than the 100 year ARI design storm flow level;

d) The natural watercourse between the proposed and acoustic fence shall be designed and constructed in accordance with the Drainage Report and revegetated using endemic riparian species. Details of engineering long-sections, cross-sections and plantings to be provided on the construction plans.

14. Council Shall Approve Council Drainage Works

In accordance with Section 59A and Section 68 of the Local Government Act 1993, construction for the civil works and Council-controlled drainage conditions above cannot be approved by the Principal Certifying Authority before Council thus approves. An Application shall be made to Hornsby Shire Council for the works and the Applicant shall pay Hornsby Shire Council the scheduled fees for the assessment and required compliance inspections for those works.

15. On Site Stormwater Detention

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

a) Have a capacity of not less than 24 cubic metres, and a maximum discharge (when full) of 20 litres per second.

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

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

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

16. Waste Management Plan

Prior to issue of the Construction Certificate, A Waste Management Plan Section One - Demolition Stage, Section Two - Design Stage, Section Three - Construction Stage and Section Four - Use and On-going Management as applicable, covering the scope of this project is required to be submitted to Council in accordance with the Waste Minimisation and Management Development Control Plan.

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

17. Erection of Construction Sign

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

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

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

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

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

18. Protection of Adjoining Areas

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

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

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

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

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

19. Toilet Facilities

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

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

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

20. Tree Protection Barriers

Tree protection fencing must be erected around trees to be retained at a minimum 4 metre setback. The tree fencing must be constructed of 1.8 metre ‘cyclone chainmesh fence’.

A certificate from a Project Arborist must be supplied to the certifier before the commencement of construction in accordance with the above and the AS 4970-2009 (Section 4) – Protection of Trees on Development Sites.

21. 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.

22. Return of Domestic Waste Bins

Arrangements must be made with Hornsby Shire Council Waste Management Services to return the domestic waste bins to Council.

REQUIREMENTS DURING CONSTRUCTION

23. 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.

24. 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;

25. Asbestos or Soil Contamination

26. Environmental Management

27. Works Near Trees

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

No trenching is to occur within the Tree Protection Zone (TPZ) of tree numbered 19 located on the neighbouring property.

Tree sensitive construction techniques will be required to undertake works within the TPZ’s of trees 8 and 19 to minimise potential impacts on the roots of trees to be retained.

Should the excavation of any underground services (i.e. drainage/sewer/stormwater) be approved within the TPZ of tree numbered 19 and any trees required to be retained on the subject property or neighbouring property, excavation by hand ONLY shall be undertaken.

Consent is granted to undertake works within the TPZ of trees 8 for the construction of the driveway only, provided the following conditions are met:

a) To ensure any work for the construction of the driveway on the southern side of the property will not adversely affect the longevity of the tree, pier and beam construction of the driveway within the TPZ shall be used with piers being located no closer than 3 metres to the trunks of the trees. The driveway edge shall be no closer than 1 metre to the edge of the trunk. The excavation for the piers within the TPZ shall be hand dug to reveal the presence of any roots.

b) Works must be carried out under the supervision of the Project Arborist and is to be on site overseeing the work to ensure no roots greater than 50mm in diameter are severed, and root damage is minimised.

c) 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).

28. Disturbance of Existing Site

29. Landfill

Landfill must be constructed in accordance with Council’s ‘Construction Specification, 2005’ and 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.

30. Excavated Material

31. Survey Report – Finished Floor Level

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

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

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

32. Council Property

33. Vehicular Crossings

A separate application under the Local Government Act, 1993 and the Roads Act, 1993 must be submitted to Council for the installation of two new vehicular crossings and the removal of any redundant crossing. The vehicular crossings 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) Street trees, signage and utility services that are impacted by such works shall be adjusted in accordance with the relevant specification at the Applicant’s cost.

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

34. Traffic Control Plan

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

a) Arrangements for public notification of the works.

b) Temporary construction signage.

c) Permanent post-construction signage.

d) Vehicle movement plans.

e) Traffic management plans.

f) Pedestrian and cyclist access/safety.

35. Waste Management During 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 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.

36. Sydney Water – s73 Certificate

An s73 Certificate must be obtained from Sydney Water.

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.

37. Stormwater Drainage – Land Adjoining a Watercourse

In addition to other stormwater drainage requirements under this consent, all headwall outlets must incorporate flow velocity reduction controls (i.e. bedded boulders and small stones) to minimise erosive and scouring impacts to the watercourse. Energy dissipater controls must be landscaped to accommodate outlet sheet flow (forced jump). No engineering works are permitted within the bed of the watercourse.

38. Damage to Council Assets

Any damage caused to Council’s assets as a result of the construction of the development must be rectified in accordance with Council’s written requirements and at the sole cost of the applicant. Where concrete footpath has been cracked, all affected panels shall be removed and reconstructed to Council’s standard. Damaged road seal shall be profiled out and reconstructed as Council’s standard asphaltic concrete seal.

39. Creation of Easements

The following matter(s) must be nominated on the plan of subdivision under s88 of the Conveyancing Act 1919:

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

b) A Council drainage easement 3 metres wide over the burdened lot in favour of Council and in accordance with the terms set out in Memorandum B5341305V filed with the NSW Department of Lands.

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 the lot adjacent 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 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.

f) 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.

40. Works as Executed Plan

A works-as-executed plan(s) must be prepared by a registered surveyor and submitted to Council for completed 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.

41. External Lighting

42. Retaining Walls

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

43. Food Premises

The fit out and operation of that part of the building to be used for the manufacture, preparation or storage of food for sale, must be in accordance with Australian Standard 4674-2004 – Design and fit out of food premises, the Food Act 2003, and the Food Regulation 20010 and the Food Standards Code developed by Food Standards Australia New Zealand. Food Standards 3.3.1. 3.2.2 and 3.2.3 are mandatory for all food businesses.

Note: Walls are to be of solid construction.

44. Final Arborist Certification

The Project Arborist should assess the condition of the trees and their growing environment, and make recommendations for any necessary remedial actions.

Following the final inspection and the completion of any remedial works, the project arborist must certify (as appropriate) that the completed works have been carried out in compliance with the approved plans and specification for tree protection. Certification must include a statement on the condition of the retained trees, details of any deviations from the approved tree protection measures and their impacts on trees. Copies of monitoring documentation may be required.

OPERATIONAL CONDITIONS

45. Use of Premises

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

46. Number of Children

The centre shall accommodate a maximum of 60 children, being a minimum of 22 children under the age of 2 and a maximum of 38 children at or above the age of 2.

47. Hours of Operation

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

Monday to Friday 7.00am to 6.00pm

Saturday, Sunday & Public Holidays No work

48. Noise

49. Fire Safety Statement - Annual

50. Waste Contract Details

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

GENERAL TERMS OF APPROVAL - NSW OFFICE OF WATER

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.

51. GTA 1

These General Terms of Approval (GTA) only apply to the controlled activities described in the plans and associated documentation relating to DA2012/679 and provided by Council:

a) Site plan, map and/or surveys

Any amendments or modifications to the proposed controlled activities may render these GTA invalid. If the proposed controlled activities are amended or modified the NSW Office of Water must be notified to determine if any variations to these GTA will be required.

52. GTA 2

Prior to the commencement of any controlled activity (works) on waterfront land, the consent holder must obtain a Controlled Activity Approval (CAA) under the Water Management Act from the NSW Office of Water. Waterfront land for the purposes of this DA is land and material in or within 40 metres of the top of the bank or shore of the river identified.

53. GTA 3

The consent holder must prepare or commission the preparation of:

a) Vegetation Management Plan

b) Erosion and Sediment Control Plan

c) Soil and Water Management Plan

d) In-stream works with scour protection, energy dissipater

54. GTA 4

All plans must be prepared by a suitably qualified person and submitted to the NSW Office of Water for approval prior to any controlled activity commencing. The following plans must be prepared in accordance with the NSW Office of Water’s guideline located at www.water.nsw.gov.au/Water-Licensign/Approvals/default.aspx:

a) Vegetation Management Plans

b) Riparian Corridors

c) In-stream works

d) Outlet structures

55. GTA 5

The consent holder must:

a) Carry out any controlled activity in accordance with approved plans and

b) Construct and/or implement any controlled activity by or under direct supervision of a suitably qualified professional and

c) When required, provide a certificate of completion to the NSW Office of Water.

56. GTA 6

The consent holder must carry out a maintenance period of 2 years after practical completion of all controlled activities, rehabilitation and vegetation management in accordance with a plan approved by the NSW Office of Water.

57. GTA 7

The consent holder must reinstate waterfront land affected by the carrying out of any controlled activity in accordance with a plan or design approved by the NSW Office of Water.

58. GTA 8

The consent holder must use a suitably qualified person to monitor progress, completion, performance works, rehabilitation and maintenance and report to the NSW Office of Water as required.

59. GTA 9

The consent holder must provide a security deposit (bank guarantee or cash bond) - equal to the sum of the cost of complying with the obligations under any approval - to the NSW Office of Water as and when required.

60. GTA 11

The consent holder must not locate ramps, stairs, access ways, cycle paths, pedestrian paths or any other non-vehicular form of access way in a riparian corridor other than in accordance with a plan approved by the NSW Office of Water.

61. GTA 12

The consent holder must ensure that the construction of any bridge, causeway, culvert of crossing does not result in erosion, obstruction of flow, destabilisation or damage to the bed or banks of the river or waterfront land, other then in accordance with a plan approved by the NSW Office of Water.

62. GTA 13

The consent holder must ensure that any bridge, causeway, culvert or crossing does not obstruct water flow and direction, is the same width as the river or sufficiently wide to maintain water circulation, with no significant water level difference either side of the structure other then in accordance with a plan approved by the NSW Office of Water.

63. GTA 14

The consent holder must ensure that no materials or cleared vegetation that may:

a) Obstruct flow,

b) Wash into the water body, or

c) Cause damage to river banks,

are left on waterfront land other than in accordance with a plan approved by the NSW Office of Water.

64. GTA 15

The consent holder is to ensure that all drainage works:

a) Capture and convey runoffs, discharges and flood flows to low flow water level in accordance with a plan approved by the NSW Office of Water; and

b) Do not obstruct the flow of water other than in accordance with a plan approved by the NSW Office of Water.

65. GTA 16

The consent holder must stabilise drain discharge points to prevent erosion in accordance with a plan approved by the NSW Office of Water.

66. GTA 17

The consent holder must establish all erosion and sediment control works and water diversion structures in accordance with a plan approved by the NSW Office of Water. These works and structures must be inspected and maintained throughout the working period and must not be removed until the site has been full stabilised.

67. GTA 18

The consent holder must ensure that no excavation is undertaken on waterfront land other than in accordance with a plan approved by the NSW Office of Water.

68. GTA 19

The consent holder must ensure that any excavation does not result in:

a) Diversion of any river,

b) Bed or bank instability, or

c) Damage to native vegetation within the area where a controlled activity has been authorised,

other than in accordance with a plan approved by the NSW Office of Water.

69. GTA 20

The consent holder must ensure that:

a) River diversion, realignment or alteration does not result from any controlled activity work, and

b) Bank control or protection works maintain the existing river hydraulic and geomorphic functions, and

c) Bed control structures do not result in river degradation,

other than in accordance with a plan approved by the NSW Office of Water.

70. GTA 23

The consent holder must establish a riparian corridor along the tributary of Tedbury Creek in accordance with a plan approved by the NSW Office of Water.

- 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.

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

Long Service Levy

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

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

Tree Preservation Order

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

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

Disability Discrimination Act

Covenants

Advertising Signage – Separate DA Required

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

Dial Before You Dig

Telecommunications Act 1997 (Commonwealth)

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:

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

Food Authority Notification

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

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

Council Notification - Food Premises

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

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

Group Manager’s Report No. PL112/13

Planning Division

Date of Meeting: 20/11/2013

17 DEVELOPMENT APPLICATION - SUBDIVISION OF TWO ALLOTMENTS INTO THREE LOTS AND CONSTRUCTION OF A DWELLING-HOUSE - 24 AND 26 SILVIA STREET, HORNSBY

EXECUTIVE SUMMARY

DA No:	DA/108/2013 (Lodged 11 February 2013)
Description:	Torrens title subdivision of two allotments into three lots and construction of a dwelling house on the additional lot
Property:	Lot 3 DP 531090 and Lot 1 222949, Nos. 24 and 26 Silvia Street, Hornsby
Applicant:	B & G Surveying Pty Ltd
Owner:	Mr Alan Lionel Sturdy, Ms Margaret Roslyn Prince, Mrs Jessie May Cheyne
Estimated Value:	$300,000
Ward:	A

· The application proposes demolition of an existing carport and shed, Torrens title subdivision of two allotments into three lots and construction of a dwelling-house on the additional lot.

· The proposal generally complies with the Hornsby Shire Local Environmental Plan 1994, the Residential Subdivision Development Control Plan and the Dwelling House DCP.

· Six submissions were received in respect to the original notification of the application and four submissions have been received in respect to amended plans.

· It is recommended that the application be approved.

RECOMMENDATION

THAT Development Application No. DA/108/2013 for demolition of the existing carport and shed, Torrens title subdivision of two allotments into three lots and construction of a dwelling-house at Lot 3 DP 531090 and Lot 1 222949, Nos. 24 and 26 Silvia Street, Hornsby be approved subject to the conditions of consent detailed in Schedule 1 of Group Manager’s Report No. PL112/13.

BACKGROUND

Council received Development Application No. 108/2013 on 11 February 2013. The application proposed subdivision of two allotments into three lots. Amended plans were subsequently submitted to include the construction of a dwelling house on the proposed additional allotment. The application was renotified to adjoining properties. The amended proposal is the subject of this report.

SITE

The subject site has an area of 2020.2m² and is known as Lot 3 DP 531090 and Lot 1 DP 222949, Nos. 24 and 26 Silvia Street Hornsby. Property No. 24 Silvia Street has a frontage of 20.83m to Silvia Street and a depth of 52.78m. Property No. 26 has a frontage of 20.59m to Silvia Street and a secondary frontage of 47m to Watson Avenue. The site slopes to the rear and has an average gradient of 18.9%.

Existing improvements on No. 24 include a timber cottage with tile roof and attached single garage. Existing improvement on No. 26 comprise a clad cottage with tile roof with a double carport to the rear and a single carport to the front of the dwelling. Property No. 26 gains access via a driveway from Silvia Street. Property No. 24 gains access via two separate driveways from Watson Avenue.

The site is identified as bushfire prone land.

The site is surrounded by single and two storey dwelling houses consistent with the low density residential zone. There are a number of Eucalyptus and Turpentine trees on the subject property adjoining the nature strip and on adjoining properties.

PROPOSAL

The application proposes demolition of the existing carport and shed, Torrens title subdivision of two allotments into three lots and construction of a part one and part two storey dwelling house on the newly created allotment.

The proposed demolition includes removal of the existing carport and shed on proposed Lot 3 and removal of a section of the existing decking on proposed Lot 1.

The proposed lot sizes are as follows:

Lot 1 – 657.5m² - containing the existing dwelling house at No. 26 Silvia Street.

Lot 2 – 659.8m² - containing the existing dwelling house at No. 24 Silvia Street.

Lot 3 – 702.9m² – containing the proposed dwelling house.

Proposed Lot 3 would accommodate a dwelling-house comprising a living room, family room, kitchen, three bedrooms, a study, a bathroom and ensuite. The lower ground floor would comprise a bedroom, ensuite and rumpus room. Parking would be provided in an attached double garage.

Parking for Lot 1 is provided in an existing attached single garage and remains unchanged. Parking for Lot 2 is provided in an existing detached single carport. A double carport is also proposed at the rear of Lot 2 with access from Watson Avenue.

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 as it would provide an additional dwelling which would contribute to the achievement of Council’s dwelling target.

2. STATUTORY CONTROLS

2.1 Hornsby Shire Local Environmental Plan 1994

The subject land is zoned Residential A Low Density Zone 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 ‘demolition’, ‘subdivision’ and ‘dwelling house’ under the HSLEP and is permissible in the zone with Council’s consent.

Clause 14 of the HSLEP prescribes a minimum lot area of 500m² for subdivision within the Residential A (Low Density) Zone. The proposal 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 proposal complies with this requirement.

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

2.2 Hornsby Shire Local Environmental Plan 2013

2.2.1 Zoning

Under the HLEP, the subject land is zoned R2 (Low Density Residential) and ‘subdivision’ and ‘dwelling-houses’ are permissible within the zone with Council’s consent.

2.2.2 Height of Building

Clause 4.3 of the HLEP 2013 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 proposes a building height of 7.35 metres and complies with the requirement.

2.2.3 Lot Size

Clause 4.1 of the HLEP 2013 states that the size of any lot resulting from subdivision of land, to which this clause applies, is not to be less than the minimum size shown on the Lot Size Map. The minimum allotment size for the subject site is 500m². The proposal provides three allotments in excess of this requirement.

2.3 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.

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

Clause 7 of State Environmental Planning Policy No. 55 – Remediation of Land (SEPP 55) requires Council to consider whether land is contaminated prior to granting consent to the carrying out of any development on that land.

The site history and site inspection indicate a history of residential development and it is not likely that the site has experienced contamination. Accordingly, further assessment under SEPP 55 is not required.

2.5 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. 495865S for the proposed dwelling and is considered to be satisfactory with respect to SEPP BASIX.

2.6 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 3 would facilitate construction of a part one part two storey dwelling house. 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)	12.8m	12m	Yes
Site Coverage Lots 450m² – 600m²	36%	50%	Yes
Maximum Floor Area	318.42m²	330m²	Yes
Front Setback	11m	4.5m	Yes
Side Setback (East)	1m	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 (South - West)	2m	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	4.6 – 6m	3m setback for up to 4.5m height, and 8m for 4.5m height and above	No
Landscaping	>45%	20%	Yes

As addressed above, the proposed dwelling on Lot 3 complies with the requirements of the NSW Housing Code except for the rear setback requirement.

Notwithstanding, the application complies with the Dwelling House DCP and is acceptable in this respect.

2.7 Section 100B – Rural Fires Act 1997

The proposed subdivision is located within a bushfire prone area and is ‘integrated development’ subject to approval of the NSW Rural Fire Service for the issue of a Bushfire Safety Authority.

The NSW Rural Fire Service has granted approval subject to conditions which include the provision of an Inner Protection Area for the entire property and construction of the dwelling house to withstand potential impacts of bushfire attack.

2.8 Section 94 Contribution

The proposed development would result in the creation of one additional allotment and a dwelling-house. Accordingly, a Section 94 Contribution is recommended as a condition of consent in Schedule 1 of this report.

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

2.10 Hornsby Development Control Plan 2013

The Hornsby Development Control Plan (HDCP) 2013 applies to all land within Hornsby Shire and replace Council’s existing DCPs, providing development controls to complement the HLEP 2013. The HDCP came into effect on 11 October 2013.

The following sections of this report include a detailed assessment of the proposal against Council’s existing DCP controls which were in force when the application was submitted.

The HDCP is generally a transition of Council’s existing DCPs, into a consolidation Plan. Notwithstanding, the proposal has been assessed against the requirements of Part 3 – Residential and Part 6 – Subdivision of HDCP 2013.

The proposal generally complies with the DCP requirements with the exception of the setback requirement to the rear boundary. HLEP 2013 requires a setback of 8m from the rear boundary for the second storey element of a dwelling house. The proposal provides a staggered setback of 4.8m to 7.4m from the boundary. The rear elevation is north facing and would not create any adverse overlooking or over shadowing issues. The proposal is acceptable in this regard. Further assessment of the solar access, privacy and built form impacts of the proposal are included in Section 2.11 of this report.

2.11 Residential Subdivision and Dwelling House Development Control Plans

Residential Subdivision and Dwelling House DCP

Control

Proposal

Requirement

Complies

Density

Site Area - Existing Lot 1 and 2

2020.2m²

N/A

Proposed allotment size

Lot 1

Lot 2

Lot 3

657.5m²

659.8m²

702.9m²

500m²

Yes

Gross Floor Area

Lot 1 – Existing No. 26

Lot 2 – Existing No. 24

Lot 3 – Proposed Dwelling

191.22m²

128.52m²

275.10m²

N/A

Floor space ratio

Lot 1– Existing No. 26

Lot 2 – Existing No. 24

Lot 3 – Proposed Dwelling

0.29:1

0.19:1

0.38:1

0.4:1

Yes

Site cover

Lot 1– Existing No. 26

Lot 2 – Existing No. 24

Lot 3 – Proposed Dwelling

35.5%

27.2%

36%

40%

Yes

Setbacks

Lot 1 – This includes the existing dwelling house at No. 26 Silvia Street. The setbacks remain unchanged with the exception of the rear setback which would be 6.8m from the boundary. Similarly, Lot 2 remains unchanged with the exception of the rear setback. The existing dwelling house at property No. 24 would be 10.9m from the rear boundary.

Lot 3 – Proposed Dwelling

Front

12m

Yes

Side – east

Yes

Side – west

2m – 6m

Yes

Rear

4.6m – 6m

Yes

Height

Lot 3 – Proposed Dwelling

7.35m

Yes

Unbroken wall length

Lot 3 – Proposed Dwelling

7.98m

10m

Yes

Building Length

Lot 3 – Proposed Dwelling

25m

24m

Cut and Fill

Lot 3 – Proposed Dwelling

1.7m

Private open space

Lot 1– Existing No. 26

Lot 2 – Existing No. 24

Lot 3 – Proposed Dwelling

>150m²

>200m²

>120m²

120m²

Yes

Landscaped area

Lot 1– Existing No. 26

Lot 2 – Existing No. 24

Lot 3 – Proposed Dwelling

>45%

Yes

Car Parking

Lot 1– Existing No. 26

Lot 2 – Existing No. 24

Lot 3 – Proposed Dwelling

1 spaces

3 spaces

2 spaces

Yes

Solar Access

Windows to north-facing living rooms on adjoining development Adjoining land

3 hours on 22 June

Yes

Private open space on adjoining land

4 hours on 22 June

Yes

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

2.11.1 Design

The Dwelling House DCP requires a maximum building length of 24m. The proposed dwelling on Lot 3 has a total building length of 25m. The building is designed to address the topography of the site and is appropriately articulated. The dwelling house would be setback 11m from Watson Avenue and accordingly would not have a detrimental impact on the streetscape in terms of bulk and scale. The proposal meets the performance criteria of the element providing north facing living areas and open space and is sympathetic to the topographical constraints of the site. The proposal is considered acceptable in regards to design.

The proposed subdivision design provides allotment sizes in excess of the requirements of the Residential Subdivision DCP and HLEP 2013. The proposed allotment design allows dwelling houses with appropriate setbacks from neighbouring properties, adequate open space and provides for solar access to existing and future dwellings. The proposal complies with the allotment design element of the DCP.

2.11.2 Solar Access

One submission objects to the proposal in relation to excessive overshadowing of the adjoining property. The applicant has submitted solar access diagrams which demonstrate compliance with the requirements of the Dwelling House DCP providing at least 4 hours sunlight to the private open space of adjoining properties between 9am and 3pm on 22 June. The proposal would also allow for 3 hours of sunshine to north facing windows between 9am and 3pm in compliance with the DCP. Furthermore, the proposal provides a setback of 2m from the boundary adjoining No. 2 Watson Avenue which is in excess of the required 1m setback. The proposal is acceptable in relation to solar access.

2.11.3 Privacy

One objection raises concerns in relation to overlooking from the proposed dwelling house. The proposal does not have any windows to living areas that would overlook the adjoining property at No. 2 Watson Avenue. The proposed windows on the southern elevation are to bedrooms only.

Furthermore, all living areas are orientated to the north and rear of the dwelling which is appropriately setback from the boundary. There are a number of large trees on adjoining properties and on the subject site that would offer further screening of the dwelling house. The landscaped plan to be submitted to Council in accordance with the conditions of consent in Schedule 1 requires additional screen planting on this boundary. The proposal meets the requirements of the Privacy Element of the Dwelling House DCP.

2.11.4 Cut and Fill

The proposal requires a cut of 1.7m on the western elevation. This does not comply with the 1m prescriptive measure in the Dwelling House DCP. This is due to the stepped nature of the site and is contained to the western elevation. It does not result in the proposal exceeding the height requirement nor would it impact on the amenity of any adjoining properties. The proposal is considered acceptable in this respect.

2.11.5 Car Parking

Proposed Lot 1 accommodates an existing dwelling with a gross floor area in excess of 100m² and accordingly, two spaces are required. There is an existing attached single garage and adequate space for a vehicle to park on the driveway, wholly contained onsite. Furthermore, the HDCP 2013 requires 1 space per 0 – 2 bedroom dwelling house. Lot 1 complies with this requirement.

The application proposes to demolish the existing carport to the rear of Lot 2. The existing dwelling house has a floor area in excess of 100m² and accordingly two spaces are required. A double carport is proposed to the rear of Lot 2 to accommodate parking needs on site in compliance with the DCP. Conditions of consent have been recommended in Schedule 1 to facilitate an appropriate cross over and kerb and guttering in conjunction with the proposed carport. The proposal is considered acceptable in relation to the Car Parking DCP.

3. ENVIRONMENTAL IMPACTS

3.1 Natural Environment

The proposed development would necessitate the removal of nine trees from the site. None of the trees to be removed are identified as significant. Council’s Tree assessment notes that the trees are in poor condition and under developed. Four trees to be removed are identified under Council’s Tree Protection Order (TPO). These trees are a Eucalyptus saligna, a Eucalyptus piperita, and two Angphora costata. Two submissions object to the removal of trees. Council’s assessment of the proposal included a detailed examination of the existing trees on site and does not raise objections to the proposal subject to the implementation of recommended conditions of consent included in Schedule 1 of this report. This includes the submission of a detailed landscape plan including details of the location and type of replacement planting proposed.

It is considered that the removal of the trees is acceptable in the circumstances of the case subject to the submission and implementation of a landscape plan as per the conditions in Schedule 1 of this report.

3.2 Built Environment

The proposal would have a very minor impact on the streetscape as the proposed dwelling house would be set back 12m from Watson Avenue. The stepped design would minimise visual impact by addressing the topography of the land, providing for a one and two storey dwelling house. The proposal is consistent with the surrounding built environment in the low density zone.

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. One submission raises concerns in relation to the loss in value of the adjoining properties.

The proposal meets the relevant controls as discussed under Section 2.10 and would generally result in an appropriate outcome for the subject site. The applicant has submitted solar access diagrams and increased setbacks to neighbouring properties to alleviate any impact on neighbours. In addition, this is not required to be considered under Section 79C of the Environmental Planning and Assessment Act 1979.

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. The NSW Rural Fire Service has granted approval for the issue of a Bush Fire Safety Authority subject to recommended conditions included in Schedule 1 of this report.

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 28 February 2013 and 28 March 2013 and amended plans were renotified from 23 August 2013 to 9 September 2013 in accordance with Council’s Notification and Exhibition Development Control Plan. Council received six submissions when first notified and four submissions to amended plans. 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

Six submissions objected to the development and four submissions were received in relation to amended plans. The objections were generally on the grounds stating that the development would result in:

· Unacceptable traffic on local streets;

· Unacceptable overshadowing of adjoining properties;

· Unacceptable noise from the dwelling;

· The removal of trees in bushland setting;

· Proposed drainage method is not sufficient to drain the new allotment;

· Existing drainage and road condition of Watson Avenue;

· Development that is excessive in bulk and scale;

· Loss of parking;

· Impact on stone retaining wall;

· The built form is not sympathetic to the character of the area; and

· Devaluation of property values.

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

Drainage

Five submissions object to the drainage proposal for the development. Council’s engineering assessment notes that additional run off that would be generated from the dwelling on proposed Lot 3 can be discharged to Watson Avenue via an onsite detention system. A drainage easement through property No. 20 would not be necessary. The impact on downstream properties would be insignificant as the discharge from the new lot would be restricted to 8 litres per second to the Watson Avenue drain, which has adequate capacity. A condition of consent is recommended in this regard. The proposal is considered acceptable in relation to the appropriate drainage of the dwelling house and additional allotment.

Allotment Size and Scale of Development

Two submissions object to the bulk and scale of the proposed dwelling stating it is too large. The submissions also object to the proposed density stating it is out of character with surrounding allotments. The proposal includes an additional allotment of 702m². This is in excess of the 500m² requirement in Residential A (Low Density Zone) in accordance with HSLEP 1994 and HLEP 2013. The proposal also complies with the FSR and floor area requirement of the HSLEP 1994 and HDCP 2013. The proposal is acceptable in regard to density and FSR.

Traffic

A number of objections raised concerns in relation to increased traffic on the road and impact on existing parking arrangements. The proposed dwelling house on Lot 3 includes an attached double garage providing for parking onsite. The subdivision creates one additional lot. Lots 1 and 2 have houses with driveways and garages or carports to accommodate all parking onsite. The existing access to the proposed lot 3 from Watson Avenue would be utilised. The road network has adequate capacity to handle the additional traffic load from the development. A condition has been recommended to upgrade Watson Avenue from the intersection with Silvia Street to the access point of the proposed lot 3 that would improve the traffic movement in Watson Avenue.

Noise

One submission objects to the proposal stating there would be excessive noise from an additional dwelling. The proposal incorporates all living areas to the rear of the dwelling and they are setback a minimum of 4.8m from the rear boundary. Furthermore, the proposed dwelling house is setback a minimum of 2m from the dwelling at No. Watson Avenue. The design of the dwelling also incorporates living areas on the ground floor. The proposal is for one additional dwelling house and is consistent with the requirements of the Low Density Residential Zone. No further concerns are raised in relation to acoustics.

Retaining Wall

One submission raises concerns relating to the condition of the retaining wall on the adjoining property. A condition of consent has been included in Schedule 1 of this report to ensure that a dilapidation report is submitted prior to the issue of a construction certificate.

5.2 Public Agencies

The development application is Integrated Development under the Act. Accordingly, the application was referred to the following Agencies for comment:

5.2.1 Rural Fire Service

The NSW Rural Fire Service has granted a ‘Bush Fire Safety Authority’ for the proposed subdivision and dwelling construction subject to recommended conditions included in Schedule 1 of this report.

6. THE PUBLIC INTEREST

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

CONCLUSION

The application proposes demolition of a shed and carport, Torrens title subdivision of two allotments into three lots and construction of a dwelling-house on the newly created allotment.

The proposal generally complies with the requirements of Council’s Residential Subdivision DCP and Dwelling House DCP.

The development complies with the 500m²development standard under Clause 14 of the HSLEP 1994, meets the Residential A zone objectives and is consistent with the objectives of the Metropolitan Plan for Sydney 2031.

Six submissions have been received in respect of the application and four additional submissions have been received in respect to amended plans.

Appropriate conditions of consent are recommended to provide for the proposed development and minimise impacts to surrounding residential amenity.

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

Rod Pickles

Manager - Development Assessment

Planning Division

James Farrington

Group Manager

Planning Division

1.View	Locality Map
2.View	Floor Plans
3.View	Site Plans
4.View	Cross Sectional Detail
5.View	Elevation Plans

File Reference: DA/108/2013

Document Number: D02570171

SCHEDULE 1

GENERAL CONDITIONS

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

1. Approved Plans and Supporting Documentation

*Plan No.*	*Drawn by*	*Dated*
Site Plan	B and G Surveyors	10/01/2013
Proposed Dwelling Detail Survey Plan	Unknown	10/01/2013
Proposed Demolition Plan	Unknown	10/01/2013
Ground Floor Plan	Unknown	July 2012
Lower Ground Floor Plan	Unknown	July 2012
Cross Sectional Detail	Unknown	July 2012
Western Elevation	Unknown	July 2012
Eastern Elevation	Unknown	July 2012
Northern and Southern Elevations	Unknown	July 2012
Site Tree Location Plan – 1	Hornsby Shire Council	19/9/2013
Site Tree Location Plan – 2	Hornsby Shire Council	19/9/2013

*Plan No.*	*Drawn by*	*Dated*
BASIX Certificate No. 495865S	Dakeba Pty. Ltd.	29 July 2013
Bushfire Hazard assessment Report	Building Code & Bushfire Hazard Solutions Pty. Ltd.	5 April 2013

2. Removal of Existing Trees

This development consent only permits the removal of tree Nos. 6, 6a, 8, 9, 10, 10a, 10b, 14 and 15a as identified on Site Tree Location Plans 1 and 2 prepared by Hornsby Shire Council dated 19/9/13. The removal of any other trees requires separate approval under Council’s Tree Preservation Order.

REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

3. Building Code of Australia

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

4. Contract of Insurance (Residential Building Work)

5. 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.

6. Dilapidation Report

A ‘Dilapidation Report’ is to be prepared by a ‘chartered structural engineer’ detailing the structural condition of the retaining wall on the adjoining property at No. 2 Watson Avenue.

7. Landscape Plan

The applicant shall provide a Landscape Plan that shows the location, species and number of native plantings to provide an offset for the loss of vegetation for the proposed development in accordance with the following:

a) provide a concise compensatory Schedule of Works including location and number of replanted native plants including three (3) canopy species provided on a plan,

b) the location of the plantings shall take into account the required Tree Protection Zone of mature specimens of these trees,

c) Location of plantings shall be ideally placed in groups,

d) preparation works required,

e) specific qualifications of people undertaking/supervising the works (i.e. qualified and experienced horticulturalists),

f) replacement requirements for dead stock and monitoring,

g) the landscape plan should also provide appropriate privacy screening on the southern boundaries.

The Landscape Plan must be submitted to Council’s Tree Management Team for review and approval.

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

8. Erection of Construction Sign

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

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

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

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

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

9. 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.

10. 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.

11. 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.

12. Tree Protection Barriers

Tree protection fencing must be erected around trees numbered 11, 12 and 13 to be retained at the measured Tree Protection Zone (TPZ) as outlined in Table 1. The tree fencing must be constructed of 1.8 metre ‘cyclone chainmesh fence’.

Once erected, tree protection fencing must not be removed or altered without approval by the project arborist.

13. Project Arborist

A Project Arborist is to be appointed prior to commencement of any works in accordance with the AS 4970-2009 (1.4.4) and to provide monitoring and certification throughout the development process.

REQUIREMENTS DURING CONSTRUCTION

14. Construction Work Hours

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

15. Demolition

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

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

16. Environmental Management

17. Works Near Trees

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

All works (including driveways and retaining walls) within the measured 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 trees.

The applicant shall ensure that all underground services (i.e. water, drainage, gas, and sewer) shall not be laid beneath the canopy of any tree located on the property protected under Council’s Tree Preservation Order unless approved by Council’s Parks and Recreation Team.

Should the excavation of any underground services (i.e. drainage/sewer/stormwater) be approved within tree protection setbacks, excavation by hand ONLY shall be undertaken.

No tree roots of 25 mm or greater in diameter located within the measured TPZ shall be severed or injured in the process of any site works during the construction period without prior assessment by an arborist. Tree roots between 10mm and 25mm diameter, severed during excavation, shall be cut cleanly by hand by an experienced arborist/horticulturalist with a minimum qualification of the Horticulture Certificate or Tree Surgery Certificate.

The prescribed Tree Protection Zones are identified in the table below:

Table 1:

TREE NUMBER	TPZ (M)
11	6
12	5
13	7
16	6

Authority stating that all tree protection measures are in accordance with the above table and AS 4970-2009 ‘Protection of Trees on Development Sites’ (Section 4) prior to commencement of works.

18. Council Property

19. Disturbance of Existing Site

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.

20. Fulfilment of BASIX Commitments

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

21. Water/Electricity Utility Services

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

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

b) A S73 Certificate must be obtained from Sydney Water.

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.

22. Stormwater Drainage

a) An inter-allotment stormwater drainage system to service the proposed Lot 1 through Lot 3 with pits being constructed in situ.

b) The stormwater drainage system from the lot 3 must be designed and constructed for an average recurrence interval for 20 years and be gravity drained via an on site detention system.

23. On Site Stormwater Detention

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

a) Have a capacity of not less than 5 cubic metres, and a maximum discharge (when full) of 8 litres per second.

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

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

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

24. Internal Driveway/Vehicular Areas

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

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

b) The driveway must be paved; and

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

25. 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 for the new carport on proposed Lot 2. The vehicular crossing must be constructed in accordance with Council’s Civil Works Design, 2005 and the following requirements:

a) The footway area must be restored by turfing; and

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

26. 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) The kerb and gutter is to be extended along the frontage of the subdivision from the existing section at the intersection of Silvia Street and Watson Avenue to the vehicular access point to the proposed lot 3, together with footpath formation, necessary drainage and sealing of road pavement between the existing pavement and lip of the gutter.

b) The existing road pavement to be saw cut a minimum of 300 mm from the existing edge of the bitumen and reconstructed to have a cross fall of a minimum 2%. Necessary filling/excavation to be carried out to match the existing concrete driveway.

c) 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.

d) A construction certificate application is to be submitted to Council.

Note: Council is the only authority to approve works within Council’s road reserve.

27. Creation of Easements

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

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

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

28. Retaining Walls

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

29. Works as Executed Plan

30. Section 94 Development Contributions

Description	Contribution (4)
Roads	$1,814.00
Open Space and Recreation	$15,890.00
Community Facilities	$2,226.00
Plan Preparation and Administration	$70.00
TOTAL	$20,000.00

being for one additional allotment and construction of a dwelling house with two allotments to credit.

$C_{PY =}$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.

b) 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.

31. Maintain Canopy Cover

The applicant shall complete all landscaping, replanting and comply with any recommendations noted on the submitted Landscape Plan in accordance with Condition No. 7.

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.

32. Asset Protection Zones

At the issues of subdivision certificate and in the perpetuity the entire property shall be managed as an inner protection area (IPA) as outlined within Section 4.1.3 and Appendix 5 of ‘Planning for Bushfire Protection 2006’ and the NSW Rural Fire Service’s document ‘Standards for asset protection zones’.

33. Water and Utilities

Water, electricity and gas are to comply with Section 4.1.3 of Planning for Bush Fire Protection 2006’.

34. Design and Construction – Western Elevation

Construction on the western elevation of the new dwelling shall comply with Section 3 and 6 (BAL 19) Australian Standard AS3959-2009 ‘Construction of buildings in bush fire prone areas’ and Section A3.7 Addendum Appendix 3 of ‘Planning for Bushfire Protection.

35. Design and Construction

Construction on the northern, southern and eastern elevations of the new dwelling shall comply with Sections 3 and 7 (BAL 29) Australian Standard AS 3959 – 2009 ‘Construction of buildings in bushfire prone areas’ and Section A3.7 Addendum Appendix 3 of ‘Planning for Bush Fire Protection’.

- 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.

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

Long Service Levy

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

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

Tree Preservation Order

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

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

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

Dial Before You Dig

Telecommunications Act 1997 (Commonwealth)

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.

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:

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

Group Manager’s Report No. PL111/13

Planning Division

Date of Meeting: 20/11/2013

18 COMMUNITY FACILITY - CHILD CARE CENTRE - 8 DUDLEY STREET, ASQUITH

EXECUTIVE SUMMARY

DA No.:	DA/204/2013 (Lodged 6 March 2013)
Description:	Demolition of existing structures and construction of a child care centre with a capacity for forty children
Property:	Lot 26 DP 9913, No. 8 Dudley Street, Asquith
Applicant:	Inner Living Pty Ltd
Owner:	Mr H Zhao and Ms S A Chen
Estimated Value:	$650,000
Ward:	A

· The application proposes demolition of existing structures and construction of a child care centre for forty children.

· The proposal complies with the objectives of the Hornsby Shire Local Environmental Plan 1994. The proposal generally complies with the requirements of Council’s Community Uses Development Control Plan with the exception of the provisions for setbacks and landscaping.

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

· It is recommended that the application be approved.

RECOMMENDATION

THAT Development Application No. DA/204/2013 for the demolition of existing structures and construction of a forty place child care centre at Lot 26 DP 9913, No. 8 Dudley Street, Asquith be approved subject to the conditions of consent detailed in Schedule 1 of Group Manager’s Report No. PL111/13.

BACKGROUND

The site is currently used for residential purposes.

SITE

The site has an area of 809.8 square metres and is situated on the south-eastern corner of Dudley and Victory Streets at Asquith. The site has dimensions of 14.305 metres to Dudley Street and 43.18 metres to Victory Street and the corner is splayed, which matches the street corner. The development site has a fall of approximately 10% to its north-eastern boundary.

There is a single storey brick dwelling positioned towards the northern section of the property. Access to the existing dwelling is gained via a driveway from Victory Street.

PROPOSAL

The proposal is for the demolition of the existing dwelling-house and construction of a two storey child care centre. The centre would cater for forty children, comprising the following age groups:

· Eight children in the 0-2 age category;

· Twelve children in the 2-3 age category; and

· Twenty children in the 3-6 age category.

The child care centre consists of an internal class room, play room, reception, staff area, storage and amenities, with ancillary off-street parking for eleven vehicles accessed from Victory Street. The proposed hours of operation of the child care centre would be 7:00 am to 6:00 pm Monday to Friday.

The site is located across the road from Asquith Public School and in close proximity to Asquith Girls High School.

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 child care facilities to support a growing population.

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 (Low Density) 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 ‘demolition’ and ‘child care centre’ under the HSLEP and is permissible in the zone with Council’s consent. The HSLEP defines a ‘child care centre’ as:

“child care centre” means a building or place which is used (whether or not profit) for the purpose of educating, minding or caring for children (whether or not any of the children are related to the owner or operator), but only if the following conditions are satisfied:

(a) the children number 6 or more, are under six years of age, and do not attend a government school, or a registered non-government school, within the meaning of the Education Reform Act 1990;

(b) the building or place does not provide residential care for any of the children (other than those related to the owner or operator).’

The proposed development is consistent with this definition.

Clause 15 of the HSLEP prescribes that the maximum floor space ratio (FSR) of development within the Residential A (Low Density) zone is 0.4:1. The proposed development would have a FSR of 0.38:1, which complies with this requirement.

Clause 18 of the HSLEP sets out heritage conservation provisions for Hornsby Shire. This site is not identified as a heritage item nor is it within a heritage conservation area or in the vicinity of a heritage item. Accordingly, no further assessment of the proposal in regards to heritage is necessary.

2.2 Hornsby Local Environmental Plan 2013

The Hornsby Local Environmental Plan 2013 (HLEP) was gazetted by the Minister for Planning and Infrastructure on 27 September 2013 and came into force on 11 October 2013. The HLEP includes a savings provision that a development application made and not finally determined before the commencement of the Plan, must be determined as if the Plan had been exhibited but not commenced. The relevant provisions of the HLEP are addressed below.

2.2.1 Zoning

Under the HLEP, the subject land is zoned R2 (Low Density Residential) and a ‘child care centre’ is permissible within the zone with Council’s consent.

2.2.2 Height of Building

The proposal complies with this provision as the proposed building is 75 metres in height. It is considered that the bulk and scale of the development would be consistent with the surrounding residential development.

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

This Policy aims to promote the remediation of contaminated land for the purpose of reducing the risk of harm to human health or any other aspects of the environment. Before granting consent for development, a consent authority must be satisfied that:

‘7(1) (a) ….

(b) if the land is contaminated, it is satisfied that the land is suitable in its contaminated state (or will be suitable, after remediation) for the purpose for which the development is proposed to be carried out, and

(c) if the land requires remediation to be made suitable for the purpose for which the development is proposed to be carried out, it is satisfied that the land will be remediated before the land is used for that purpose.’

The applicant has submitted a Preliminary Contamination Report and a Hazardous Materials Survey prepared by SESL Australia. The report concludes that:

“The use of the site for residential and home-based office purposes (based on the occupations of former owners and historical aerial photographs) demonstrate a low potential for soil contamination to exist. The potential uncontrolled land filling activity to level the lawn and potential weathering of asbestos containing material within building infrastructures create a concern for potential contamination to be present. However, based on the current land use and the proposed demolition and development as a child care centre, no development involving soil excavation is proposed. SESL recommends that any potential risk can be managed during construction by limiting access to soil in the final design.”

Based on this phase 1 PSI, SESL considers the site suitable for the proposed demolition of the existing residential building and construction of a child care centre without further contamination assessment. The site must be inspected following the demolition of the site, prior to the construction of the child care centre to validate the condition remains suitable for the proposed land use.”

Council’s environmental assessment of the proposal and submitted report confirms the conclusions of the report. No further investigation is required in this instance and the proposal is satisfactory in respect to the requirements of SEPP 55.

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

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

Water quality is the only relevant issue in the assessment of this proposal. The installation and maintenance of sediment and erosion control devices would minimise affects on water quality. The provision of an on-site detention system would ensure that the rate of stormwater run-off is not higher than that of the pre-development stage.

2.5 Children (Education and Care Services) Supplementary Provisions Regulation 2012

Compliance with the Regulation is required for the licensing of child care centres by the NSW Department of Community Services.

The proposed development has been designed for the proposed number of children in accordance with the space requirements of the Regulation with respect to the provision of indoor and outdoor play areas, cot room and staff room. There would be six staff members operating the facility, which is in accordance with the Regulation as shown in the table below:

8 places 0 – 2 years	Staff ratio 1 per 5 children	= 2
12 places 2 – 3 years	Staff ratio 1 per 8 children	= 2
20 places 3 – 6 years	Staff ratio 1 per 10 children	= 2
Proposed 40 places		= 6 (staff members)

Accordingly, the proposal complies with the Regulations.

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

2.7 Hornsby Development Control Plan 2013

The following sections of this report include a detailed assessment of the proposal against Council’s existing DCP controls. Although the HDCP was not in force at the date of lodgement of the application, the development proposal has been assessed against the Plan.

The HDCP is generally a transition of Council’s existing DCPs, into a consolidation Plan. Apart from Landscaping requirements, the proposal is compliant with the HDCP in terms of Site Requirements, Scale, Setbacks, Open Space, Privacy, Security and Sunlight, Vehicle Access and Parking and Design Details. A brief discussion of the non-compliance with the Landscaping element requirement is provided below.

2.7.1 Landscaping

The HDCP requires that “where parking in the front setback is compatible with the streetscape, car parking forward of the front building line should be setback a minimum of 2 metres from all property boundaries and the setback area landscaped.”

The proposed childcare centre provides a car park at the southern end of the property facing Victory Street. The car park is setback 1 metre from the south and eastern side property boundaries, which does not comply with the minimum 2 metre requirement. The intent of the measure is to ensure visual amenity and mitigate privacy impacts to adjoining properties. The proposal includes a landscape plan, which indicates that a number of trees and shrubs would be planted adjacent to the boundaries. In addition, a condition is recommended that a 1.8 metre high acoustic fence be erected along all side and rear property boundaries to mitigate visual amenity and privacy impacts to adjoining properties.

In this regard, the application is assessed as satisfactory with regard to the landscaping requirements of the new HDCP.

2.8 Community Uses Development Control Plan

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

Community Uses Development Control Plan
Control	Proposal	Requirement	Compliance
Site Area	809.8 m²	N/A	N/A
Density Floor Area Floor Space Ratio Site Coverage	308.95 m² 0.38:1 27%	N/A 0.4:1 40%	N/A Yes Yes
Height	2 storeys (7.8 metres)	Max. 2 storeys	Yes
Number of Children	40	Max. 40	Yes
Recreation Space Outdoor (7 m² per child) Indoor (3.25 m² per child)	280 m² 142.8 m²	280 m² 130 m²	Yes Yes
Landscaping	35%	45%	No
Car Parking	10 spaces (including 1 space for mobility impaired persons)	10 spaces	Yes
Setbacks Dudley Street (front setback) Victory Street Side (east) Rear (south)	> 6.6 m 1.5 m 2.05 m 20.2 m	6 m 3 m 2 m 2 m	Yes No Yes Yes

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

2.8.1 Density

The proposed development involves the demolition of the existing dwelling-house and construction of a purpose built child care facility which maintains a similar foot print to that of the existing building. The proposed building would be two storeys in height.

The proposed development complies with the provisions of Council’s Community Uses DCP with respect to floor space ratio and site coverage. The majority of existing dwelling-houses in the street are two storeys. In addition, the site is in close proximity to Asquith Public School, Asquith Girls High School, Asquith Anglican Church and the Asquith Uniting Church, which consist of buildings up to two storeys in height. The new development would be consistent with the bulk, scale and density of existing development in the streetscape.

The proposed child care centre would accommodate forty children as follows:

Age	Number of Children
0-2 years	8 children
2-3 years	12 children
3-6 years	20 children

The prescriptive measure with respect to the number of children states:

“The density of the development is to be in keeping with the bulk, scale and intensity of the surrounding area. …purpose built child care centres should be designed to accommodate a maximum of 40 child care places.”

Submissions raise concern in respect of the potential impact on the amenity of the immediate area through the use of the site as a child care facility in a residential area. However, it is considered that the scale of the development is in keeping with the low density scale of the surrounding residential development and is a permissible use in the zone.

The development proposal satisfies the element objective for ‘Density’ as stated under Council’s Community Uses Development Control Plan. The development is appropriate in providing facilities for child development at a scale that is commensurate with a low density residential environment.

2.8.2 Site Selection

The ‘Site Selection’ element of the Community Uses DCP aims to provide site selection criteria to encourage the location of special use developments on sites with the lowest potential social and environmental impacts. The proposed development is compliant as follows:

· The site is a corner allotment, minimising exposure to neighbouring dwellings;

· The site is well served by train and bus services and is large enough to provide recreation areas and adequate car parking for the proposed child care centre;

· The site is located on the south-eastern corner of Dudley and Victory Streets, which are nominated as local roads under the Roads Act 1993. Therefore, it is considered that the site has safe vehicular access;

· The site is within a low density residential area and in close proximity of schools, which would therefore be close to populations with a large proportion in the 0-4 age group;

· The site is not adjacent to transmission lines and a preliminary contamination assessment was submitted with the application which concludes that the land is not contaminated;

· The site is not situated on steep land or within a bushfire prone area that would constraint development.

Accordingly, the site’s attributes are considered conducive to the proposed development.

2.8.3 Setbacks

The ‘Setbacks’ element of the Community Uses DCP aims to provide for landscaping and to protect the privacy and visual amenity of adjacent dwellings.

The site is located on the south-eastern corner of the intersection of Victory and Dudley Streets. A veranda is proposed to be positioned at the Victory Street elevation for a length of 10.3 metres. A set back of 1.5 metres from the property boundary is proposed, which represents a variation of 1.5 metres from the Community Uses DCP for transitional setbacks. The variation is considered to be acceptable in this instance for the following reasons:

· The structure is single storey in height.

· The structure would not be intrusive to the adjoining properties.

The proposed building setbacks are considered to be appropriate on the basis that adequate area is provided to screen the building and the car parking area from the street.

Sufficient setbacks would be provided to adjacent development to accommodate screen planting and acoustic measures would be implemented to mitigate potential noise generated by the operation of the centre. The proposal seeks approval for a 1 metre landscape verge along the southern boundary of the property (rear). The setback provides a physical buffer to the adjoining residence with respect to the car parking for the facility.

The proposed setbacks comply with the element objective for ‘Setbacks’ under the Community Uses DCP.

2.8.4 Traffic, Parking and Access

The nearest train station is Asquith Railway Station, which is located 760 metres away and connecting train services to Hornsby and nearby suburbs is provided from this facility.

There is public transport in the form of bus stops located near the site. However, it is considered that the majority of trips to, and from, the site would occur mainly via private motor vehicle.

Traffic

The majority of submissions raise concerns with respect to the traffic impacts of the development on the area. In particular, concern is raised with respect to the number of car parking spaces provided, traffic generation and traffic flows on Dudley and Victory Streets.

The applicant submitted a Traffic Impact Statement prepared by Development Engineering Solutions Pty Ltd which concludes that the development is considered supportable due to:

“Traffic generated from the proposed development creates negligible impacts on the existing road network.

a. The car parking design has incorporated provisions e.g. designated pedestrian path to minimise potential conflicts between users of the car-park, accordingly the proposed car parking layout and driveway access are considered satisfactory and in accordance with the AS 2890.1-2004 and Council’s Development Control Plan.

b. It more than complies with Council’s and Australian Standards when compare with the eleven recently approved child care centres in the Hornsby Shire LGA.”

Council’s traffic and road safety assessment of the proposal notes that an additional traffic survey and intersection modelling provided by the applicant shows that the intersection of Dudley Street and Victory Street would continue to operate at an acceptable level of service. Traffic associated with a child care centre is limited to a small morning peak and the afternoon peak associated with parents dropping of or collecting their children. For the bulk of the day, the centre would generate little traffic movement. The application is considered acceptable regarding traffic.

Access

Vehicular access to the subject development is proposed via the provision of a 4 metre wide combined ingress / egress driveway off Victory Street located approximately 24 metres south of its junction with Dudley Street.

Pedestrian access is provided via a 2 metre wide pedestrian access off Victory Street, which provides connectivity with the public footpath and the entry porch at the western elevation of the proposed child care facility.

To minimise vehicle and pedestrian conflict, the plans include a 1 metre wide pathway connecting the car park to the building entry. This would reduce the need for parents to use the car park as a means of pedestrian access to the building when dropping or collecting their children at the centre.

The access is considered suitable and functional for the intended land use.

Parking

Submissions raise concerns in regard to the proposed parking arrangements associated with the development. Concerns were raised indicating that Victory Street has no kerb or guttering so carers tend to park on the nature strip damaging the grass. A condition of consent is recommended requiring the construction of kerb, gutter and road shoulder along the Victor Street frontage of the site.

Car parking would be provided at the southern side of the property and would be screened by landscaping within the setbacks to the adjoining residential properties and Victory Street.

Council’s Community Uses DCP and Car Parking DCP stipulate that parking should be provided on the basis of one space per four children. The proposed child care centre is to serve forty children. The application provides ten car parking spaces on-site for the proposed use and accordingly, adequate and sufficient car parking arrangements are provided to support the operation of the centre.

The application is consistent with the element objectives of Council’s Car Parking DCP and is considered acceptable.

2.8.5 Recreation Space

The proposed child care centre complies with Clause 30 of the Children (Education and Care Services) Supplementary Provisions Regulation 2012, in respect to spatial and functional requirements. The proposed outdoor play area complies with the regulatory area requirement and meets the Community Uses DCP site selection requirements for extensive play areas. The proposed floor plan layout includes sufficient suitable areas for activities and services ancillary to the operation of the child care centre.

2.8.6 Landscaping

The proposal does not fulfil the prescriptive measure for ‘Landscaping’ in accordance with Council’s Community Uses DCP, as only the 35% of the total site area has been designated for landscaping purposes. The applicant has submitted a Landscape Plan prepared by Conzept Landscape Architects.

Although the proposal does not comply with the prescriptive measure of 45% of the total site area for landscaping purposes, the areas provided for landscaping would reinforce the streetscape and enhance the amenity of the building while preserving some of the existing vegetation. It is considered that the non-compliance with landscaping area (82.91 square metres) does not warrant refusal of the application.

Council’s DCP requires a landscape buffer of at least 2 metres around the site to soften and screen the development from adjoining properties. Notwithstanding, the proposed 1 metre buffer is considered adequate to accommodate planting to enhance the amenity of the proposed development. In addition, a 1.8 metre high acoustic fence is required to be erected along all side and rear property boundaries to mitigate visual amenity and privacy impacts to adjoining properties. Therefore, the variation is considered acceptable in this instance.

The proposal is considered acceptable regarding landscaping.

2.8.7 Acoustics

Concerns have been raised with respect to the noise impact the development would have to adjoining properties.

An Acoustic Assessment Report prepared by Marshall Day Acoustics for the proposed child care centre was submitted with the application. The report concludes that:

“Outdoor play and peak car park use would not occur at the same time, therefore the noise effects would not be cumulative and it would be inappropriate to add the levels together.

The levels presented in Table 5 and Table 6 [of the Acoustic Report] show the predicted noise levels comply with the noise criteria for the site.

Noise emissions from the proposed mechanical services plant should be reviewed when the mechanical services design is completed to assess whether compliance with the noise criteria can be achieved.’

Council’s environmental assessment recommends a condition requiring that the background noise level not exceed 5 dB(A) when measured at any premises and the erection of suitable fencing along the southern and eastern property boundaries in accordance with the acoustic consultant’s recommendations.

2.8.8 Solar Access

The proposal is accompanied by shadow diagrams, which indicates that adequate solar access would be maintained to adjoining properties. The majority of the shadows would cast to the southern section of the site onto the development’s car parking facility and public Street.

The orientation of the site is such that any redevelopment would also cast a shadow onto the adjoining property to the east. However, plans of the proposed development indicate that at least 3 hours of sunshine would be received over the open space of the adjoining development on 21 June.

With regard to the proposed development, the outdoor recreation areas would receive more than the required solar access due to their main open space having an open aspect and northerly orientation.

Accordingly, the proposal complies with the element objective for ‘Solar Access’ as stated under Council’s Community Uses DCP.

2.8.9 Crime Prevention

The element objective for ‘Crime Prevention’, as per Council’s Community Uses DCP, is ‘to reduce crime risk and minimise opportunities for crime’.

The northern play area features screen planting and a 1.5 metre high rendered reinforced concrete block wall at the boundary to Dudley and Victory Streets. The devices would provide a barrier to restrict access and visibility of the general public into the premises. The north and west facing windows would allow effective surveillance to the outdoor play areas of the complex.

The main entry point to the site is located on the western elevation. It is considered that the proposal provides a distinctive entry point, which would control access to the centre.

The play area along the eastern side of the complex would feature a 1.8 metre high acoustic fence, which would restrict the vision of the neighbours to the play area. The eastern facing windows of the indoor play areas and sliding doors would allow effective surveillance to the outdoor play ground areas.

Accordingly, the proposed development does not raise any issues with respect to safety, security and crime.

The application may be subject to additional safety and security requirements in accordance with the Children and Young Persons (Care and Protection) Act 1998 and the Children (Education and Care Services) Supplementary Provisions Regulation 2012. All such requirements are to be satisfied in the design specification for the child care centre, prior to the issue of a Construction Certificate. A condition is recommended to ensure that the above mentioned requirement is accomplished should development consent be granted.

2.8.10 Fence

The provision of fencing is necessary to ensure that adequate visual and acoustic privacy arrangements are maintained in accordance with the requirements of Clause 45 ‘Fencing’ of the Children (Education and Care Services) Supplementary Provisions Regulation 2012.

A 1.5 metre high brick and steel fence would enclose the outdoor recreation area facing Dudley Street. A 1.8 metre fence is proposed to be erected along the eastern and southern property boundaries. The proposed fencing is required to meet the acoustic recommendations for the proposal being a noise background level not exceeding 5 dB(A).

The application is considered to be acceptable in respect to this matter.

2.9 Car Parking Development Control Plan

The primary purpose of this DCP is to provide parking controls for the development. This matter is discussed in detailed in Section 2.8.4 of this report.

2.10 Access and Mobility Development Control Plan

The objective of this DCP is to ensure that new development is accessible and usable by all people in Hornsby Shire, including those people with disabilities. The applicant submitted a detailed Access Report and BCA Compliance Assessment prepared by BCA Vision Pty Ltd.

For Class 9(b) buildings, the Building Code of Australia requires 1 space per 100 car parking spaces to be provided for people with disabilities. In accordance with this requirement, the proposal provides one accessible car parking space near the main entry of the building.

The building is two storeys high and includes a lift next to the main entry to improve accessibility to the building. It is considered that accessible and continuous paths of travel have been provided to the proposed building from the public road. A condition is recommended if consent is granted, to ensure that the proposal is consistent with the provisions of Council’s Access and Mobility DCP and the Building Code of Australia.

2.11 Waste Minimisation and Management Development Control Plan

The primary purpose of this DCP is to provide planning strategies and controls to promote waste minimisation and management. The plans show a bin storage facility at the southern side of the building to allow ease of access to Victory Street. Concerns have been raised regarding nappy disposal. The applicant has stated that a licensed nappy disposal company would remove sealed bins at regular intervals to maintain cleanness standards within the site.

Victory and Dudley Streets are currently serviced by Council in respect to waste disposal, accordingly the proposal is considered acceptable in respect to this matter.

The applicant submitted a Waste Management Plan for the demolition and construction stages in accordance with Council’s Waste Minimisation and Management DCP.

2.12 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (SEPP)

A shade structure is proposed to be located at the corner of the site within the Dudley and Victory Street setback and one at the south-eastern corner of the centre. The first structure is set back 0.8 metres from the property boundary, which represents a variation of 0.1 metres from Subdivision 36 – Clause 2.72(e) of the SEPP. The variation is considered to be acceptable for the following reasons:

· The structure is lightweight construction and is not a fixed structure to the site.

· The structure has a height of approximately 3 metres and is single level construction.

· The structure would not be intrusive to the local streetscape.

Shade structures have been proposed taking into account the expected usage patterns of the recreational outdoor area. The proposed shade structures would be erected as per the Cancer Council’s Shade Handbook and would comply with the element objective for ‘Recreation Space’ of the DCP. The proposal is considered acceptable in this regard.

3. ENVIRONMENTAL IMPACTS

3.1 Natural Environment

There are no trees on-site that are significant species and Council’s Tree Preservation Order Policy is not relevant to the subject development application.

3.2 Built Environment

The proposal is for a two storey child care centre with three internal play areas and one outdoor area. The front of the building is shown on the plans as being setback greater than 6.6 metres from Dudley Street. It is considered that the design approach is sympathetic to the character and amenity of the area.

In scale and appearance, it is considered that the proposed child care centre would be consistent with the development in the locality.

The applicant has submitted a schedule of finishes for the proposal. The colours and proposed textures of the finishes are considered compatible with the surrounding built form and would contribute to the visual amenity of the adjoining properties.

As previously mentioned, additional traffic survey and intersection modelling provided by the applicant shows that the intersection of Dudley and Victory Streets would continue to operate at good level of service. Council’s assessment of the traffic impacts of the development concludes that the proposal would be satisfactory.

The proposal would include the construction of an on-site detention system connected directly to Council’s piped drainage system and appropriate conditions of consent have been included in Schedule 1 of this report to manage on-site stormwater.

3.3 Social Impacts

The proposed child care centre would provide an extra 40 child care spaces in a locality that currently has reported shortages in child care vacancies.

3.4 Economic Impacts

The proposal would have a minor positive impact on the local economy by generating an increase in demand for local services.

4. SITE SUITABILITY

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

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

5. PUBLIC PARTICIPATION

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

5.1 Community Consultation

The proposed development was placed on public exhibition and was notified to adjoining and nearby landowners between 21 March 2013 and 11 April 2013 in accordance with Council’s Notification and Exhibition Development Control Plan. During this period, Council received fourteen public 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
FIVE SUBMISSIONS RECEIVED OUT OF MAP RANGE

Fourteen submissions objected to the development proposal, generally on the grounds that the development would result in:

· Unacceptable traffic on local streets, particularly at peak time in combination with the Asquith Public School;

· Access and parking impact on Victory Street;

· Victory Street has no kerb or guttering so carers tend to park on the nature strip damaging the grass;

· Unacceptable noise from activities at the centre; and

· Disposal of nappies.

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

6. THE PUBLIC INTEREST

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

CONCLUSION

The proposal involves the demolition of an existing dwelling-house and associated structures for the construction of a childcare centre accommodating forty children. Fourteen public submissions have been received objecting to the proposal on grounds including traffic, parking and noise. The issues raised in submissions are addressed in the report and by relevant conditions to ensure any potential impacts are mitigated.

Rod Pickles

Manager - Development Assessment

Planning Division

James Farrington

Group Manager

Planning Division

1.View	Locality Plan
2.View	Ground Floor Plan
3.View	First Floor Plan
4.View	North Elevation, East Elevation, West Elevation
5.View	South Elevation, Dudley Street Elevation (fence), Victory Street Elevation (fence), section X-X
6.View	Site Plan
7.View	Shadow Diagrams
8.View	Survey
9.View	Topographical Survey of Lot 26 DP 9913
10.View	Stormwater Drainage Plan
11.View	Landscape Plan
12.View	Landscape Detail Plan
13.View	Pick up and Set Down Area from Traffic Report

File Reference: DA/204/2013

Document Number: D02560266

SCHEDULE 1

GENERAL CONDITIONS

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

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

Approved Plans

*Plan No.*	*Plan Title*	*Drawn by*	*Dated*
AELC1112 – Issue ‘A’ – Sheet 1 of 8	Ground Floor Plan	Inner Living Pty Ltd	November 2012
AELC1112 – Issue ‘A’ – Sheet 2 of 8	First Floor Plan	Inner Living Pty Ltd	November 2012
AELC1112 – Issue ‘A’ – Sheet 3 of 8	First Floor Plan	Inner Living Pty Ltd	November 2012
AELC1112 – Issue ‘A’ – Sheet 4 of 8	East Elevation, North Elevation and West Elevation	Inner Living Pty Ltd	November 2012
AELC1112 – Issue ‘A’ – Sheet 5 of 8	South Elevation, Dudley Street Elevation (fence), Victory Street Elevation (fence) and Section X-X	Inner Living Pty Ltd	November 2012
AELC1112 – Issue ‘A’ – Sheet 6 of 8	Site Plan	Inner Living Pty Ltd	November 2012
AELC1112 – Issue ‘A’ – Sheet 7 of 8	Shadow Diagrams	Inner Living Pty Ltd	November 2012
AELC1112 – Issue ‘A’ – Sheet 8 of 8	Survey	Inner Living Pty Ltd	November 2012
12-47	Topographical survey of Lot 26 DP 9913	McKittrick Fry & O’Hagan	3-05-2012
C01	Stormwater Drainage Plan	Development Engineering Solutions	15.12.12
LPDA 13-214/1D	Landscape Plan	Conzept Landscape Architects	January 2013
C7386.Q3281.B26148 FA Asquith ESCP docx	Erosion and Sediment Control Plan	Sydney Environmental and Soil Laboratory (SESL) Pty Ltd	9 May 2013

Supporting Documentation

*Document No.*	*Prepared by*	*Dated*
BCA Compliance Assessment	BCA Vision Pty Ltd	21 November 2102
Access Compliance Report	BCA Vision Pty Ltd	21 November 2012
Traffic and Access Impact Report	Development Engineering Solutions Pty Ltd	29 May 2013
Traffic and Parking Report – Revision A	Development Engineering Solutions Pty Ltd	1 August 2013
Hazardous Materials Survey	SESL Australia	May 2013
Phase 1 Preliminary Site Investigation with Sampling	SESL Australia	May 2013
Environmental Noise Impact Report	Marshall Day Acoustics	20 February 2013
Waste Management Plan	Inner Living Pty Ltd	4/3/2013
Statement of Environmental Effects and Site Analysis	Red Gum Town Planning Services	05/03/2013
Schedule of Finishes and Colours	-	10 October 2013

2. Amendment of Plans

The approved plans are to be amended as follows:

a) The car parking layout is to be amended as per ‘The pick up/set down area’ Diagram of the Traffic and Access Report prepared by Development Engineering Solutions P/L (Revision A) and dated 1 August 2013.

3. Construction Certificate

A Construction Certificate is required to be approved by Council or a Private Certifying Authority prior to the commencement of any works under this consent.

4. Acoustic Report Compliance

The proposed development must be designed and constructed in accordance with the recommendations of the Environmental Noise Impact Report – Report No. 001 R02 2012467SY prepared by Marshal Day Acoustics.

REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

5. Building Code of Australia

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

6. Sydney Water – Quick Check

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

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

7. Stormwater Drainage

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

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

Note: A separate Construction Certificate is required to be submitted and approval obtained prior to the commencement of these works.

8. 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 9 cubic metres, and a maximum discharge (when full) of 15 litres per second.

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

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

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

Note: A separate Construction Certificate is required to be submitted and approval obtained prior to the commencement of these works.

9. 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 shall be obtained from Council if a private accredited certifier is engaged to obtain a construction certificate for these works.

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.

10. Road Works

a) Kerb, gutter and road shoulder is to be constructed across the frontage of the site in Victory St along with Council’s kerb inlet drainage systems of the kerb return.

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

c) 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.

Note: A separate Construction Certificate is required to be submitted and approval obtained by Hornsby Shire Council prior to the commencement of these works.

11. Preservation of Survey Marks

Prior to the issue of a construction certificate, a registered surveyor shall identify all survey marks in the vicinity of the proposed development. Any survey marks required to be removed or displaced as a result of the proposed development shall be undertaken by a registered surveyor in accordance with Section 24 (1) of the Surveying and Spatial Information Act 2002 and following the Surveyor General’s Directions No.11 – "Preservation of Survey Infrastructure".

12. Traffic Control Plans

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.

13. Children (Education and Care Services) Supplementary Provisions Regulation 2004

Documentation prepared by a registered architect is to be submitted to Council to certify the proposed development in accordance with the requirements of the Children and Young Persons (Care & Protection) Act 1998 and the Children’s Services Regulation 2012.

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

14. 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.

15. 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.

16. 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.

17. 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

18. Construction Work Hours

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

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

19. 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.

20. Environmental Management

21. Street Sweeping

Street sweeping must be undertaken following sediment tracking from the site along Dudley and Victory Streets, Asquith during works and until the site is established.

22. 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.

23. Disturbance of Existing Site

24. Landfill

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

25. Excavated Material

26. Survey Report – Finished Floor Level

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

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

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

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

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

27. 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.

28. Completion of Landscaping

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

29. Retaining Walls

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

30. External Lighting

31. Site Remediation Verification

The applicant must provide documentation from a suitably qualified environmental consultant verifying that the site has been remediated in accordance with the NSW Environment Protection Authority’s Contaminated Sites – Guidelines for Consultants Reporting on Contaminated Sites, the Contaminated Sites- Sampling Design Guidelines Contaminated Sites – Guidelines for the NSW Site Auditor Scheme and the recommendations of the Remedial Action Plan.

32. Food Premises

Note: Reference should also be made to the Food Safety Standards and the ‘Safe Food Australia - A guide to the Food Safety Standards 2nd Edition January 2001’.

33. Works as Executed Plan

OPERATIONAL CONDITIONS

34. Use of Premises

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

35. Number of Children

The centre shall accommodate a maximum of 40 children, being 8 children under the age of 2 and 32 children at, or above, the age of 2.

36. Hours of Operation

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

Monday to Friday 7 am to 6 pm

Saturday, Sunday and Public Holidays No work.

37. Noise

38. Fire Safety Statement - Annual

- 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 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

Covenants

Advertising Signage – Separate DA Required

Dial Before You Dig

Telecommunications Act 1997 (Commonwealth)

Asbestos Warning

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

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

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.

Food Authority Notification

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

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

Council Notification – Food Premises

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

Group Manager's Report No. PL105/13

Planning Division

Date of Meeting: 20/11/2013

22 REPORT ON SUBMISSIONS - RECLASSIFICATION OF 18X WATER STREET, HORNSBY

EXECUTIVE SUMMARY

· At its meeting on 17 April 2013, Council considered a report concerning a Planning Proposal to reclassify property No. 18X Water Street, Hornsby from Community Land to Operational Land and revoke its public reserve status.

· Council resolved to forward the Planning Proposal to the Department of Planning and Infrastructure (DP&I) requesting authorisation for public exhibition.

· A Gateway Determination was received indicating that the Planning Proposal could be exhibited. Accordingly, the Proposal was placed on public exhibition from 27 June 2013 to 26 July 2013.

· Twenty-two submissions were received in response to the exhibition of the Planning Proposal.

· In accordance with the Local Government Act (LGA) 1993 a Public Hearing was independently chaired by Parkland Planners on 22 August 2013.

· Key issues raised in submissions relate to the provision of open space, use of developer contributions, future redevelopment of the site and exhibition process. Submissions received are addressed in this report.

· It is recommended that Council forward the Planning Proposal (Attachment 1) to the DP&I for finalisation.

RECOMMENDATION

THAT:

1. Council forward the Planning Proposal attached to Group Manager’s Report No. PL105/13 to reclassify property No. 18X Water Street, Hornsby from Community Land to Operational Land to the Minister for Planning and Infrastructure for gazettal.

2. All persons who made submissions be advised of Council’s resolution.

PURPOSE

The purpose of this report is to review submissions received in response to the exhibition of the Planning Proposal and the public hearing held concerning the reclassification of property No. 18X Water Street, Hornsby from Community Land to Operational Land.

BACKGROUND

At its meeting on 17 April 2013, Council considered Group Manager’s Report No. PL28/13 concerning a Planning Proposal to reclassify Lot 15 DP 204264 (known as property No. 18X Water Street, Hornsby) from Community Land to Operational Land and revoke its public reserve status. Council resolved that:

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

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

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

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

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

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

In accordance with Council’s resolution, on 17 April 2013 the Planning Proposal was forwarded to the DP&I seeking a Gateway Determination. A Gateway Determination was received on 22 May 2013, indicating that the Planning Proposal could be exhibited for 28 days.

Part 3 of the EP&A Act 1979 provides for the making of certain Local Environmental Plans (LEP) by councils. An authorisation is issued as part of the Gateway Determination that gives local councils responsibility for the making of LEPs of local significance. Delegation for the making of the LEP to reclassify property No. 18X Water Street, Hornsby was not provided to Council, as the proposal involves the discharge of all interests in the public land under Section 30 of the LGA 1993.

PROPOSAL

Property No. 18X Water Street, Hornsby was dedicated to Council in 1961 as a Public Reserve under Section 340A (Public garden and recreation spaces) of the LGA 1919 as part of the subdivision of Belair Close. The property is zoned R4 (High Density Residential) under the Hornsby Local Environmental Plan (HLEP) 2013 and is classified as Community Land. Property No. 18X Water Street is located within the Belair Close Precinct which permits multi-unit housing to a height of 5 storeys.

The Planning Proposal seeks to reclassify property No. 18X Water Street from Community to Operational Land and revoke the public reserve status to facilitate the redevelopment of the site and surrounding properties for multi-unit housing in accordance with its zoning and the Belair Close precinct Key Principles Diagram contained in the Hornsby Development Control Plan (HDCP) 2013.

DISCUSSION

This report outlines the details of the public exhibition and the submissions received. The reclassification of land, in any instance, requires a public hearing conducted by an independent professional to take place in accordance with the LGA 1993. This report outlines the issues raised at the public hearing, as summarised within the consultants Public Hearing Report.

Exhibition and Review of Submissions

The Planning Proposal was publicly exhibited from 27 June 2013 to 26 July 2013. The consultation met the statutory requirements of the Gateway determination including a requirement the Proposal be exhibited for 28 days. The Planning Proposal was displayed at Council’s Administration Building, Hornsby Library and on Council’s website. Letters were sent to adjoining property owners. An advertisement was placed in the Hornsby Advocate on two occasions.

Twenty-two submissions (including four received after the exhibition period) were received and all raise objections to the Planning Proposal. Key issues raised in submissions include:

· insufficient provision open space;

· inappropriate use of developer contributions;

· future use of the site;

· remnant vegetation; and

· exhibition process.

A summary of submissions is provided in Attachment 2 with key issues addressed below.

a) Provision of Open Space

There is concern that the provision of open space in the high density residential areas of Hornsby and Waitara is insufficient to meet the increasing density and population. The loss of 18X Water Street and development of the Belair Close Precinct would increase the demand on existing parks and open space, including Beatrice Thomson Park (property Nos. 2-6 Water Street).

Submissions comment that the removal of the reserve would disadvantage the local community (especially the aged and disabled) by increasing the walking distance to access local open space. Access to open space is important for physical and mental health and well being and provides opportunity for social interaction and play for young children. It is suggested that the site could be used as an educational resource and a quiet space for students to complete their homework.

Comment: Property No. 18X Water Street was zoned Residential A (Low Density) under the Hornsby Shire Local Environmental Plan 1994 and was rezoned to permit 5 storey residential flat buildings as part of Council’s Housing Strategy.

Council’s website provides details of over 130 parks and playgrounds available to the community throughout the Shire. Property No. 18X Water Street is not identified in this list and is not recognised by Council to be a park or playground. The site is currently fenced and not accessible to the public. The property does not contain playground equipment or any other infrastructure such as seating, shading etc.

Accessible public open space of superior size, shape and location exists a short distance away (approximately 190m) at Beatrice Thomson Park (property Nos. 2-6 Water Street) on the corner of Water Street and Albert North Street and contains play ground equipment, barbeques, seating, shade etc.

The Hornsby Shire Council Delivery Program 2013-2017 sets out a program of projects and actions Council will undertake in the short term to achieve community priorities identified in the Community Plan 2013-2023. The delivery program includes an action to undertake a review of Council’s current and future open space and recreational needs in 2013 / 2014.

Recommendation: No amendments be made to the proposed reclassification as a result of the submissions concerning the provision of open space in a high density residential area.

b) Section 94 Development Contributions Funds

Submissions raise concern regarding the collection of development contributions from development in Hornsby and expenditure on open space elsewhere within the Shire. An example is given in relation to the provision of a Rural Sports Facility in Galston using Section 94 funds where the majority of developer contributions were collected within Hornsby. On this basis, residents feel that there is no guarantee that additional open space or embellishment of existing open space would occur for the residents within Hornsby and Waitara.

Comment: The Hornsby Shire Section 94 Development Contributions Plan 2012-2021 has been prepared to cater for the forecast increase in development and population between 2012 and 2021 (including development associated with the Housing Strategy). Accordingly, the Plan will levy future development for the cost of additional open space land acquisition and embellishment of new open space and existing facilities.

Funds may only be expended on works identified in the Contributions Plan which include the following projects within Hornsby and Waitara:

· Hornsby Aquatic Centre;

· specialty Park and sportsground at Old Mans Valley, Hornsby;

· sports Facility within the Waitara locality;

· Hornsby Park local park improvement;

· improved park connections within Waitara;

· a new local park in Waitara;

· bushland walking track extension and upgrade throughout Florence Cotton Reserve, Hornsby;

· construction of heritage steps and walking trail within Hornsby Park and Old mans Valley;

· embellishment of pedestrian and interpretive links for the Endangered Vegetation area within Reddy Park Hornsby;

· new bushwalking track facility within Rofe Park Bushland Hornsby; and

· upgrade of the bushland walking track facility at Rosemead and Manor Roads, Hornsby.

Accordingly, Council can only collect and expend funds on local works in accordance with the above list. Should Council propose a variation to the works list, this process would require a formal amendment process with opportunity for public comment.

Recommendation: No amendments be made to the proposed reclassification as a result of the submissions concerning the use of Section 94 Development Contribution funds.

c) Future Use of Site

There is concern that the future sale of the site to a private developer may result in direct vehicular access to Water Street. If this outcome were to occur, residents in Water Street would experience increased traffic, noise, overshadowing, parking and stormwater runoff.

Residents are concerned that residential flat buildings do not provide sufficient on site open space or setbacks. Council should require developers to provide for increased open space and community facilities.

Comment: Property No. 18X Water Street is part of the Belair Close Precinct rezoned in September 2011 to facilitate opportunities for 5 storey residential development as part of Council’s Housing Strategy.

Part 3.4 Residential Flat Buildings (5 Storeys) of the HDCP 2013 provides guidelines for the development of the Belair Close precinct, including a Key Principles Diagram. The diagram provides for access from Belair Close. If for some reason access is not available to a development from Belair Close, consideration can be given to allowing access from Sherbrook Road.

Guidelines for communal open space, landscaping and parking are also addressed by Council’s HDCP 2013. Issues concerning the redevelopment of the site are not a relevant consideration for the Planning Proposal and would be addressed upon the lodgement of a Development Application.

Recommendation: No amendments be made to the proposed reclassification as a result of the submissions concerning the future use of the site.

d) Remnant Vegetation

The site contains significant remnant vegetation which aesthetically complements the adjacent tributary creek. There is concern that the remnant vegetation would be impacted upon and removed as part of future development of the site.

The site provides a leafy outlook for surrounding residences and improves the privacy and amenity of the residents. Submissions comment that the loss of vegetation on the land would result in higher greenhouse emissions and surface temperatures.

Comment: The majority of remnant vegetation in proximity to the site is contained within the unformed portion of Water Street which is not the subject of the Planning Proposal and is not located within the Belair Close Precinct. The Key Principles Diagram for Belair Close Precinct within Council's HDCP 2013 identifies and encourages the conservation of bushland remnants along the creek as part of the redevelopment of the precinct.

Recommendation: No amendments be made to the proposed reclassification as a result of the submissions concerning the value of the remnant vegetation to the community.

e) Opportunity for Increased Use of the Park

Submissions state that No. 18X Water Street is large enough for increased recreational use as a quiet urban park. There is concern that Council has purposely discouraged the public from using the site by fencing it and not providing facilities such as seating, picnic table, barbeque and toilets. Accessibility would be improved if the chain wire fence was removed and park furniture provided.

Comment: The Plan of Management for the site identifies the existing level of service as ‘low’ and notes the possible reclassification and rationalisation of the reserve following an assessment of the open space needs and supply in the area. As part of the preparation of the Housing Strategy, consideration was given to open space required to meet the recreational demand associated with the provision of additional housing. Council’s Leisure Strategic Plan was considered as part of this process. The Plan recommends the sale of relatively small and ‘low value’ open space sites with limited open space functions. The property was identified as providing limited recreational opportunities and included within the Belair Close Precinct as part of the Housing Strategy.

Recommendation: No amendments be made to the proposed reclassification as a result of the submissions concerning the underutilised potential of the site.

f) Stormwater Outlet

There is concern that Council has down graded the utility of the park because it is adjacent to a stormwater outlet. Concerns are raised as to how Council would be able to access the stormwater drain for cleaning if the site was sold.

Comment: Property No. 18X Water Street and the adjacent stormwater outlet are currently fenced from the street.

The stormwater pollution trap is located on the unformed road which adjoins the subject site to the north. The unformed road is not the subject of this Planning Proposal. Access to the pollution trap is from the cul-de-sac head of Water Street. Accordingly, the proposal would not impact Council’s access to the trap for cleaning.

Recommendation: No amendments be made to the proposed reclassification as a result of the submissions concerning the adjacent stormwater outlet.

g) IPART Submission

Concerns are raised in relation to Council’s submission to the Independent Pricing and Regulatory Tribunal (IPART) for the rate variation granted in 2011. Council’s submission refers to 20 small parks which could generate income if sold for residential development. Concerns are raised that the site is being sold even though the variation has been approved.

Comment: The Long Term Financial Plan submitted as part of the IPART Submission states that there are currently some small parks (about 20 that could generate about $5m if sold for residential purposes) that due to their location and size are under utilised. This does not mean that they are surplus to requirements. The Plan also states that a prudent approach would be to sell these parcels and use the funds to augment/provide open space in the nominated growth areas, which include Hornsby and Waitara.

Recommendation: No amendments be made to the proposed reclassification as a result of the submissions concerning Council’s submission to the IPART.

h) Exhibition Process

Concerns are raised regarding notification of the Planning Proposal and the information exhibited. The concerns are summarised as follows:

· occupiers were not notified of the proposal;

· incorrect reference to Hornsby Quarry in Council’s planning report dated 17 April 2013;

· language used in exhibition material could not be understood by non-English speaking residents;

· maps do not correctly represent the cul-de-sac in Water Street;

· the notification process does not comply with the LGA 1993 requirements.

A submission was received from the NSW Environmental Defender’s (EDO) Office representing the Association for Berowra Creek. Concerns were raised regarding the notification of the public hearing. The EDO has identified that approximately 13.4% of Hornsby residents do not have access to the internet and people may have missed the public hearing advertisement within the paper. Concerns were also raised that the public notice for the public hearing within the paper did not comply with Section 34 of the LGA 1993. The submission requests that a further public hearing be held and seeks a response as to how an effective community consultation process for proposals to reclassify land in the future will be undertaken.

Comment: The consultation met the statutory requirements of the Gateway determination and was conducted in accordance with the consultation strategy endorsed by Council at its meeting on 17 April 2013. The Planning Proposal was displayed at Council’s Administration Building, Hornsby Library and on Council’s website. Letters were sent to 7 surrounding property owners (including 3 owners corporations).

An advertisement was placed in the Hornsby Advocate on 27 June 2013 and 18 July 2013. The advertisement placed in the Hornsby Advocate on 18 July 2013 also notified the community of the public hearing. The notice included the terms of Council’s resolution and description of the land, to reclassify property No. 18X Water Street, Hornsby from Community to Operational Land and revoke its public reserve status. The advertisement provided the address of the public land concerned and noted that the site is within the Belair Close Housing Strategy Precinct.

Each person who made a submission during the exhibition period was notified in writing regarding the public hearing and was given more than 21 days notice of the Public Hearing date.

The error within Group Managers Report No. PL28/13 related only to the conclusion and did not impact on the recommendation or associated Planning Proposal. The maps attached to the report and contained within the Planning Proposal correctly identify the property boundaries, legal description of the land and road reservation boundaries. This includes the unformed section of the Water Street road reserve which runs from the existing cul-de-sac within Water Street to Sherbrook Road.

Council provides a free interpreter service to community members where English may be their second language.

Recommendation: No amendments be made to the proposed reclassification as a result of the submissions concerning the exhibition process.

Public Hearing Report

In accordance with Section 29 of the LGA 1993, a public hearing in relation to the reclassification of Council owned land was held at the Council Chambers on 22 August 2013. The public hearing was independently chaired by Parkland Planners. Nineteen community members and two Councillors attended the public hearing. A copy of the Public Hearing Report (Attachment 3) was subsequently provided to all attendees of the public hearing and everyone who made a submission. The Report was also available on Council’s website and at Council’s Administration Building and Hornsby Library.

All verbal submissions received at the hearing objected to the reclassification of property No. 18X Water Street. The issues raised were consistent with the written submissions received and are documented in the Public Hearing Report. The Report recommends that should Council proceed with the proposed reclassification it should consider the following recommendations to address resident concerns.

Table 1 - Recommendations Regarding Proposed Reclassification

Public Hearing Recommendation	Comment
Implement the open space and recreation projects in Hornsby and Waitara listed in the Hornsby Shire Section 94 Development Contributions Plan 2012-2021.	The recommendation is noted.
Review the provision of open space and needs for recreation and leisure in the Water Street area.	The Hornsby Shire Council Delivery Program 2013-2017 includes actions to undertake a review of Council’s current and future open space and recreational needs in the 2013 / 2014 financial year. The open and recreational needs of the Water Street area may be considered as part of this review.
Make recommendations for acquisition of land for open space in Hornsby-Waitara, and for embellishment of existing and future open space.	The works schedule within the Hornsby Shire Section 94 Development Contributions Plan 2012-2021 contains additional open space land acquisition and embellishment of new open space and existing facilities within Hornsby and Waitara. This plan is reviewed on a regular basis and may be updated from time to time to account for changes to Council policy.
Continue to require communal open space in residential flat building developments as set out in Council’s Development Control Plan.	The HDCP 2013 applies to the site. Part 3 Residential of the HDCP 2013 contains controls for communal open space for residential flat buildings 3 storeys and above.
Review pedestrian access to and within Beatrice Thomson Park and Holman Street Park, and improve such access if necessary.	A review of pedestrian access to and within Beatrice Thomson Park and Holman Street Park may be undertaken as part of the a review of Council’s current and future open space and recreational needs in the 2013 / 2014 financial year.
Conserve remnant bushland on the land according to Council’s planning controls and conditions of consent.	The Key Principles Diagram for Belair Close Precinct within Council's HDCP 2013 identifies and encourages the conservation of bushland remnants along the creek as part of the redevelopment of the precinct. The assessment of any development application for the site is would have regard to this requirement.

Table 2 - Recommendations Regarding Procedural Matters and Reporting

Public Hearing Recommendation	Comment
Review resident notification procedures.	Council’s property information system is used for the notification of the exhibition of Planning Proposals. The system is set up to provide mailing address details for owners of individual properties and owners corporations for strata titled residential flat buildings. This procedure is consistent with the notification for development applications.
Continue to give more than 21 days’ notice about public hearings by a range of means including on Council’s website, in local newspapers, and in individually addressed letters to adjoining residents.	Council will continue to undertake notification of public hearings in accordance with the relevant legislation.
Recognise that an error in the description of the land in the Manager’s Report on the DP&I website occurred.	The error in Group Manager’s Report PL28/13 is noted.

In accordance with the above recommendations and responses, Council may progress the proposed reclassification amendment. Concerns regarding open space require a strategic response that are more appropriately addressed within a Shire wide assessment. Notwithstanding, the current proposal provides an opportunity for Council to consider incorporating the site within the adjoining development site in accordance with the R4 (High Density Residential) zoning and the development outcomes provided by the Key Principles Diagram for Belair Close Precinct.

BUDGET

There are no budgetary implications associated with this Report.

POLICY

There are no policy implications associated with this Report.

CONCLUSION

The Planning Proposal has been exhibited in accordance with the Gateway Determination issued by the DP&I. Twenty-two submissions were received that all object to the proposal. A public hearing was independently chaired by Parkland Planners on 22 August 2013, in relation to the reclassification of the land. Nineteen members of the public attended and discussed the relevant issues. Submissions received are addressed in this report.

The classification of public land determines how that land is operated and used by Council. The reclassification of property No. 18X Water Street from Community to Operational and revocation of the public reserve would facilitate the redevelopment of the site and surrounding properties for multi-unit housing in accordance with its zoning and the Belair Close precinct Key Principles Diagram contained in the Housing Strategy Development Control Plan. The property provides limited opportunities for recreational uses due to its small size and proximity to a stormwater outlet.

It is recommended that Council adopt the Planning Proposal to reclassify property No. 18X Water Street, Hornsby from Community Land to Operational Land and forward the Proposal to the DP&I for finalisation.

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