Agenda of General Meeting

Group Manager’s Report No. PL21/14

Planning Division

Date of Meeting: 9/04/2014

4 DEVELOPMENT APPLICATION - RESIDENTIAL FLAT BUILDING COMPRISING 25 UNITS - 48 AND 50 LORDS AVENUE, ASQUITH

EXECUTIVE SUMMARY

DA No:	DA/1041/2013 (Lodged 30 September 2013)
Description:	Construction of a five storey residential flat building containing 25 units with basement car parking and strata subdivision
Property:	Lot 7 DP 21699 and Lot 8 DP 21699, Nos. 48 and 50 Lords Avenue, Asquith
Applicant:	MS Properties Pty Ltd
Owner:	Mr Rocco Bressi, Mrs Claudia A Bressi, Mr Martinus C Van Gool and Mrs Jacoba Van Gool
Estimated Value:	$4,680,000
Ward:	A

· The application proposes demolition of the existing structures and construction of a five storey residential flat building comprising 25 units with basement car park and strata subdivision

· The proposal generally complies with the Hornsby Shire Local Environmental Plan 1994, Hornsby Local Environmental Plan 2013, State Environmental Planning Policy No. 65 – Design Quality Residential Flat Building, Hornsby Shire Housing Strategy Development Control Plan and the Hornsby Development Control Plan 2013.

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

· It is recommended that the application be approved.

RECOMMENDATION

THAT Development Application No. DA/1041/2013 for the demolition of existing structures and construction of a five storey residential flat building comprising 25 units with basement car parking and strata subdivision at Lot 7 and Lot 8 DP 21699, Nos. 48 and 50 Lords Avenue, Asquith be approved subject to the conditions of consent detailed in Schedule 1 of Group Manager’s Report No. PL21/14.

BACKGROUND

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

SITE

The site comprises two allotments, Nos. 48 and 50 Lords Aven ue and is located on the eastern side of the road, 50m south of the intersection of Lords Avenue and Mills Avenue. The site is irregular in shape with an area of 1,406m² and frontage of 31.2m to the street. The site has an average downward slope of 5.6% from the north-eastern corner to the south-west (front).

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

Both the allotments contain a number of exotic, native planted and locally indigenous trees primarily located at the rear of the existing dwellings. The trees form part of, and provide connectivity with, Sydney Turpentine Ironbark Forest (Critically Endangered Ecological Community), patches of which are located within the Asquith Park, in close proximity to the site.

The site forms part of a precinct which is undergoing redevelopment. The surrounding developments include single and two storey residential dwellings. Development applications for five storey residential flat buildings have been approved on a number of sites fronting Lords Avenue and Pacific Highway, Asquith including the adjoining eastern property (Nos. 447 – 451 Pacific Highway).

The site is located approximately 600m from Asquith Railway Station and in close proximity to the Asquith Commercial precinct.

PROPOSAL

The proposal involves the demolition of all the existing structures within the site and construction of a five storey residential flat building comprising 25 units with two levels of basement car parking and strata subdivision.

The unit mix would comprise of 3 x 1 bedroom, 19 x 2 bedroom and 3 x 3 bedroom units. The units would be accessed via a lift and would include balconies fronting the street, rear and side setbacks.

The development would be accessed from Lords Avenue via a driveway located along the southern boundary of the site. A separate pedestrian entry would provide access to all levels from the foyer. A total of 32 car parking spaces, including 5 visitors’ parking spaces are proposed in two basement levels.

The site would drain to Lords Avenue with a below ground detention tank proposed at the front.

ASSESSMENT

The development application has been assessed having regard to the ‘Metropolitan Plan for Sydney 2031’, the ‘North Subregion (Draft) Subregional Strategy’ and the matters for consideration prescribed under Section 79C of the Environmental Planning and Assessment Act 1979 (the Act). Subsequently, following issues have been identified for further consideration.

1. STRATEGIC CONTEXT

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

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

The North Subregion comprises Hornsby, Kuring-gai, Manly, Warringah and Pittwater Local Government Areas. The Draft North Subregional Strategy provided a framework for Council in its preparation of the Hornsby Local Environmental Plan 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 23 additional dwellings and would contribute to housing choice in the locality.

2. STATUTORY CONTROLS

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

2.1 Hornsby Shire Local Environmental Plan 1994

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

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

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

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

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

Clause 15 of the HSLEP prescribes the maximum floor space ratio (FSR) of development within the Residential C zone. Subclause (5) of clause 15 states that “This clause does not apply to land shown edged heavy black on diagrams 1-8 in Schedule BB.” The site is identified in Diagram 4 of Schedule BB of the HSLEP. Therefore, clause 15 does not apply to the subject site.

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

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

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 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. Notwithstanding, 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 is 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

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

The site has been used for residential purposes and is unlikely to be contaminated. No further assessment is considered necessary in this regard. A condition is recommended should any contamination be found during construction requiring that Council or the Private Certifying Authority be notified.

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 five storey residential flat buildings in close proximity to the Asquith 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 garden settings with parking in basements.

The applicant’s ‘Design Verification Statement’ indicates that the proposal responds to the desired future character of the precinct as envisaged by Council. 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.

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

2.4.2 Principle 2 – Scale

Design Principle 2 is as follows:

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

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

The scale of the development is in accordance with the required building height and setbacks for the precinct and provides an architectural composition that achieves the required pavilion built form to minimize bulk and scale. 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 well articulated on each elevation with recessed walls, balcony projections and the appropriate use of materials and finishes. A flat roof form has been adopted for the building with an increased top storey setback to minimise bulk and height of the building and to mitigate amenity impacts to adjoining properties. The proposal complies with the built form principle of SEPP 65.

2.4.4 Principle 4 – Density

Design Principle 4 is as follows:

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

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

The HSLEP does not incorporate floor space ratio requirements for the site. The density of the development is governed by the height of the building and the required setbacks. The proposed density is considered to be sustainable as it responds to the regional context, availability of infrastructure, public transport, community facilities and environmental quality and is considered acceptable in terms of density.

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 frontage, side and rear boundaries. There are significant groups of trees located at the rear of the site and within the adjoining northern property, being remnant Sydney Turpentine Ironbark Forest (STIF). The proposal would retain the significant trees, wherever possible, with appropriate setbacks. Additionally, large trees are proposed along the street frontage intercepted by shrubs and hedges which would soften the appearance of the development when viewed from the street. Deep soil zones are provided around the building envelope which would enhance the development’s natural environmental performance and provide an appropriate landscaped setting.

Given the above, the proposal satisfies the intent of the ‘Landscaping’ principle of SEPP 65.

2.4.7 Principle 7 – Amenity

Design Principle 7 is as follows:

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

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, solar access and acoustic privacy. All units incorporate balconies accessible from living areas and privacy has been achieved through appropriate design. Appropriate storage areas have been provided within each unit and within the basement levels. The proposal would provide convenient and safe access via a central lift connecting the basement and all other levels. The proposal satisfies the ‘Amenity’ principle of SEPP 65.

2.4.8 Principle 8 – Safety and Security

Design Principle 8 is as follows:

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

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 design orientates the balconies and windows of individual apartments towards the street, rear and side boundaries, providing passive surveillance of the public domain and communal open space areas. Both the pedestrian and vehicular entry points are secured and visibly prominent from Lords Avenue.

The proposal includes an assessment of the development against crime prevention controls in the Design Verification Statement and the Statement of Environmental Effects. The report has regard to Crime Prevention Through Environmental Design Principles (CPTED) and includes details of surveillance, access/egress control, territorial reinforcement and space management. Subject to the imposition of conditions of consent addressing the above matters, the proposal is supported in respect of safety and security.

2.4.9 Principle 9 – Social Dimensions and Housing Affordability

Design Principle 9 is as follows:

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

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

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

The Housing Strategy Development Control Plan includes prescriptive measures for housing choice and for adaptable housing to provide for aging in place. The proposal provides a varied housing mix and adaptable housing and is supported in respect to this Principle.

2.4.10 Principle 10 – Aesthetics

Design Principle 10 is as follows:

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

The architectural treatment of the building is general consistent with the design principles contained within the Residential Flat Design Code and Council’s Housing Strategy Development Control Plan. It is considered that the aesthetic quality of the building 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 2.12 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	36%	Min 25%	Yes
Communal Open Space	27%	25-30%	Yes
Ground Level Private Open Space	25m² Min Dimension <4m	25m² Min Dimension 4m	Yes No
Minimum Dwelling Size	1 br – 60m² 2 br – 74m² 3 br – 97m²	1 br – 50m² 2 br – 70m² 3 br – 95 m²	Yes Yes Yes
Unit Depth and Maximum Kitchen Distance	8m	8m	Yes
Minimum Balcony Depth	1m	2m	No
Ceiling Heights - Residential Floors	2.8m	2.7m (Min)	Yes
Total Storage Area	1 br - > 6m³ 2 br - > 8m³ 3 br - > 10m³ 50% accessible from the apartments except in 4 units	6m³ (Min) 8m³(Min) 10 m³ (Min) 50% accessible from the apartments	Yes Yes Yes No
Dual Aspect & Cross Ventilation	72%	60%	Yes
Adaptable Housing	28%	10%	Yes

As detailed in the above table, the proposed development complies with the prescriptive measures within the Residential Flat Design Code (RFDC) other than the minimum dimensions of the ground floor open space and minimum balcony depth. Below is a brief discussion regarding the relevant development controls and best practice guidelines.

2.5.1 Building Separation

The proposed building depth and the design of the building facades are in accordance with the requirements of Council’s Housing Strategy Development Control Plan as discussed in Section 2.12. The RFDC requires a building separation of 12m between the unscreened habitable areas or balconies increasing to 18m from the fifth level, for two adjoining residential flat buildings.

The southern façade of the proposed development does not comply with this requirement. The matter has been discussed in Section 2.12 of this report.

2.5.2 Ground Floor Apartments and Private Open Space

The proposal does not comply with the Code’s best practice for the 4 metre minimum width dimension for ground floor open spaces. However, the proposed ground floor open space areas are considered appropriate for the respective ground floor units in respect to dwelling size, aspect, unit configuration and amenity. The private open space areas have been designed in accordance with the requirements of Council’s Housing Strategy Development Control Plan.

The numerical non-compliance is considered minor and is acceptable.

2.5.3 Apartment Layout

The proposed development includes a mix of single aspect and corner units including one, two and three bedroom apartments. All units would be well ventilated and some units would be provided with secondary balconies in addition to primary balconies.

A minor section of the balcony for unit 1 and sections of the upper level balconies for units 3, 9, 15 and 21 would not comply with the minimum depth requirement as prescribed by RFDC. All these units include primary private open space areas with a minimum depth exceeding the requirements of the RFDC. The non-compliances relate to either secondary balconies or extended sections of the primary balcony. Accordingly, the numerical non-compliance would not impact on the amenity of the balcony areas for future residents and is acceptable.

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 achieves the intent of the best practice requirements of the RFDC and is acceptable in this regard.

2.5.4 Internal Circulation

The proposed development includes access to all floors via a lift. The internal corridors meet the Code’s requirements for the number of units accessed (less than 8) and design for amenity. The ground floor corridor also provides level access to the communal open space.

The proposal is acceptable with respect to the requirements of the RFDC for internal circulation.

2.5.5 Acoustic Privacy

The internal layout of the residential units is designed such that noise generating areas would adjoin each other wherever possible. 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 RFDC for acoustic privacy.

2.5.6 Storage

The storage areas are provided at the basement levels and additional storage areas are also provided within the apartments. The plans do not denote internal separate storage areas for 4 units (unit 4, 10, 16 and 22) in addition to wardrobes. The space provided in the basement exceeds that required by the RFDC. Notwithstanding, a condition of consent is recommended requiring the floor plans to be amended to include internal storage areas for all units in accordance with the size requirements of the Code for the respective units.

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

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

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

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

2.8 State Environmental Planning Policy (Infrastructure) 2007

The application has been assessed against the requirements of State Environmental Planning Policy (Infrastructure) 2007. This Policy contains State-wide planning controls for developments adjoining busy roads. Schedule 3 of SEPP Infrastructure sets out a list including the types of developments, their relative sizes and parking capacities, considered to be traffic generating developments. In accordance with this list, a residential flat building fronting a road which connects to a classified road within 90m (such as Lords Avenue), would be considered as a traffic generating development if it accommodates 75 or more dwellings.

Given the above, the development is not classified as a Traffic Generating Development in accordance with Clause 104 and Schedule 3 of SEPP (Infrastructure). Therefore, referral of the application to the Roads and Maritime Services is not required.

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

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

The proposal includes details of soil and water management during construction works. 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.

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

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

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

2.11 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.

The following sections of this report include a detailed assessment of the proposal against Council’s DCP controls that were in force at the time the application was lodged. 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 Building Form and Separation

HDCP requires residential flat buildings to provide building separation in accordance with the RFDC under SEPP 65 - Design Quality of Residential Flat Buildings. As discussed earlier in this report, the southern façade of the building does not comply with the above requirements. The matter is discussed in Section 2.12 of this report.

2.11.2 Vehicle Access and Parking

The HDCP includes revised car parking requirements with regard to proximity to a railway station and a new provision for motor cycle parking. In this regard, the proposed car parking would exceed the required spaces for residents and visitor spaces but would require 1 motor cycle space. A condition is recommended for the provision of 1 motor cycle space in accordance with the revised controls for transport and parking under the HDCP.

2.12 Housing Strategy Development Control Plan

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

Housing Strategy Development Control Plan
Control	Proposal	Requirement	Compliance
Site Width	31.2m	30m	Yes
Height	5 storeys – 17m	5 storeys – 17.5m	Yes
Lowest Residential Floor Above Ground	<1.5m	Max - 1.5m	Yes
Maximum Floorplate Dimension	30m	35m	Yes
Indent	4m x 4m (only on the northern side)	4m x 4m	No
Front Setback (Lords Avenue)	10m 8m (for 5.7m length) < 1/3 frontage 6m-7m (balconies)	10m 8m < 1/3 of frontage 7m (balconies)	Yes Yes No
Rear Setback	10m – 13m 8m (for 7.5m length) < 1/3 frontage 7m (balconies)	10m 8m < 1/3 of frontage 7m (balconies)	Yes Yes Yes
Northern Side Setback	6m 4m (for 9.5m length)< 1/3 frontage 4m (balconies)	6m 4m < 1/3 frontage 4m (balconies)	Yes Yes Yes
Southern Side Setback	6m 4m (for 16m length) < 1/3 frontage 3m - 4m (balconies)	6m 4m < 1/3 frontage(15m) 4m(balconies)	Yes No No
Top Storey Setback From Ground Floor	3m additional	3m additional	Yes
Underground Parking Setback	7m front and rear 4m sides	7m front and rear 4m sides	Yes Yes
Basement Ramp Setback	2m	2m	Yes
Parking	27 resident spaces 5 visitor spaces 8 bicycle racks	27 resident spaces 5 visitor spaces 8 bicycle racks	Yes Yes Yes
Landscaped areas	Front and rear - 7m wide Sides – 4m wide	7m wide 4m wide	Yes Yes
Deep Soil Landscaping	6m - 7m front 7m rear 4m sides	7m Front 7m rear 4m sides	No Yes Yes
Private Open Space with Min Width 2.5m	1 br units - 10m²(min) 2 br units - 12m²(min) 3 br units - >16m²(min)	1 br units 10m² (min) 2 br units 12m² (min) 3 br units 16m² (min)	Yes Yes Yes
Communal Open Space with minimum dimension 2.5m	28%	25%	Yes
Solar Access	100%	70%	Yes
Housing Choice	1 br unit - 12% 2 br unit - 76% 3 br unit - 12%	10% of each type (min) 10% of each type (min) 10% of each type (min)	Yes Yes Yes
Adaptable Units	28%	30%	No

As detailed in the above table, the proposed development does not comply with the prescriptive measures within Council’s Housing Strategy DCP regarding setbacks. The matters of non-compliance are detailed below, as well as a brief discussion regarding the desired outcomes and the prescriptive measures.

2.12.1 Desired Future Character

The site is included in the Lords Avenue, Asquith Precinct which 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 proposed building is in accordance with required key principles for the future character of the precinct for well-articulated five storey residential flat buildings in garden settings with basement car parking. The proposal complies with the desired outcome for the precinct.

2.12.2 Design Quality – SEPP 65

The proposed development is designed in accordance with the design principles of SEPP 65 except the building separation on the southern side. Refer to discussion in Sections 2.4 and 2.5.

2.12.3 Site Requirements

The Housing Strategy DCP requires sites to have a minimum frontage of 30 metres. The subject site has a frontage of 31.2m to Lords Avenue and complies with this requirement. The proposal would not result in an isolated site or compromise development in accordance with the Housing Strategy DCP. Hornsby DCP 2013 reiterates the site requirements of the strategy and the proposal complies in this respect.

2.12.4 Height Requirements

The proposed building complies with the 17.5 metre maximum height limit. The proposed basement car park would not project more than 1.5m above finished ground level. Accordingly, the proposed development is satisfactory in respect to the five storey built form.

2.12.5 Setbacks

As noted in the table above, sections of the building do not comply with the setback requirements as follows:

Northern Side

The majority of the primary living areas on the northern side would be setback 6m from the side boundary increasing to 9m at the top level, facilitating a future building separation of 12 – 18m with the adjoining site in accordance with the RFDC and Housing Strategy DCP. Privacy screens and highlight windows are proposed for those sections of the balconies and bedrooms, which would have a setback of 4m from the boundary.

The emergency exit stairway from the basement encroaches into the northern side setback by 1m reducing the setback to 3m. The encroachment is for a length of 3m and is considered minor as it does not impact on the provision of deep soil planting for the development.

The proposed setbacks on the northern side are assessed as satisfactory with regard to Council’s Housing Strategy DCP design principles of SEPP 65.

Southern Side

More than 1/3 of the building length (up to the fourth level) is located at a setback of 4m from the southern boundary which does not comply with the requirements of the Housing Strategy DCP. Therefore, the majority of the habitable living areas and balconies on the southern side would not be able to achieve the required 12m building separation from a future five-storey development on the adjoining southern allotment.

The application, as submitted originally, complied with the setback controls within Council’s Housing Strategy DCP. However, during the assessment, significant trees were identified at the rear of the site, being remnant to STIF, a Critically Endangered Ecological Community (CEEC). To comply with Council’s requirement to retain the significant tree group, the application was amended to provide a building setback of 13 metres at the south-eastern corner and pier and beam construction proposed to support balconies on the southern façade. The loss of floor space due to the increased setbacks has been compensated by reducing the setback along the southern boundary. Privacy screens and highlight windows are proposed for all living areas or single aspect balconies with a 4m setback to alleviate any adverse impact on the neighbouring properties.

It is considered that the development responds appropriately to the constraints of the site by proposing reduced setbacks. The resultant outcome would facilitate orderly and economic development of the land without unreasonably compromising the privacy, natural ventilation or solar access of adjoining development.

As such, the building length that exceeds the requirement is minor compared to the overall scale of the building. The building length would also not have any negative visual impact on the streetscape as it relates to the side façade only.

Given the above, the non-compliances relating to setback and building separation are acceptable.

The design of the future developments adjoining the subject site on the northern and southern sides would need to ensure that 12 - 18 metres building separations are maintained between habitable rooms/balconies or else privacy devices provided.

Eastern Side (Rear)

The proposed setbacks to the rear boundary would achieve the required 12 – 18 metres building separation from the approved development on the eastern side.

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

Balcony Setbacks

Two balconies adjoining unit 1 on the ground floor have 6m and 3m setbacks from the front and southern boundaries respectively resulting in non-compliance with the prescriptive measures of the Housing Strategy DCP. The encroachment within the front setback would reduce the deep soil planting area negligibly. To address any negative impact due to the reduced setbacks, the proposal incorporates planter boxes with screen planting along the entire length of the balconies.

It is considered that the numerical non-compliances with respect to balcony setbacks is minor and acceptable on merits.

Top Storey Setback

The building incorporates an 3m additional setback for the top storey on all sides and achieves a minimum 18m building separation on the fifth level. The terraces on the northern and southern sides adjoining the units on the uppermost floor would have a setback of 6m from the boundary. One metre wide planter boxes with screen planting are proposed along the edges to create a non-trafficable area alleviating overlooking opportunities and screening the habitable areas from future developments on adjoining properties. The top storey setbacks generally comply with the numerical requirements of the Housing Strategy DCP and would contribute to the building articulation appropriately.

It is considered that the overall intent of the setbacks provision is achieved given that the proposal includes a well-articulated built form that is set back to facilitate landscaping and common open space.

2.12.6 Landscape

The landscaping provisions of the Housing Strategy DCP prescribes that a 7m wide landscaped area is to be provided at the front and a 4m wide landscaped area is provided along the side boundaries. The proposal complies with the controls apart from the minor balcony encroachment within the front setback area.

The extent of hard stand areas proposed is considered to be minimal, as reasonable provision has been made for deep soil areas to accommodate mature canopy trees, retain the significant turpentine and eucalyptus trees located within the rear setback and achieve a landscape setting.

An on-site detention (OSD) tank is to be provided at the front of the site within the deep soil area. The tank has been located in an appropriate location considering the slope of the site, location of Council’s stormwater inlet pit on Lords Avenue and relevant engineering requirements. Notwithstanding the location of the OSD, in the front landscaped area includes turf and planting areas as well as hard stand areas. Additional landscape screening is proposed to be provided along the Lords Avenue frontage to soften the appearance of the building.

Subject to conditions and on-going maintenance of the landscaped areas, the development would achieve a landscape setting that is generally consistent with the desired future character of the precinct.

2.12.7 Floorplate, Separation and Articulation

Indentation

The proposed building complies with the maximum floorplate length of 35m. As noted in the table above, the proposal does not include a 4m x 4m indentation on the southern façade as required by Council’s Housing Strategy DCP. The size of the indentation on this façade is proposed to be 2m x 2m.

The size of the indent has been decreased to accommodate additional floor space and facilitate a reasonable development on the site whilst retaining significant trees. The southern facade faces the side boundary and therefore, any alterations to the indentation would not have a significant negative impact on the streetscape. Notwithstanding the non-compliance with regard to dimensions, the proposed indent and the variable setbacks would achieve the required pavilion form. Therefore, the numerical non-compliance is acceptable.

Articulation

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

· The building has been vertically stepped, two steps being provided on the ground and the fifth storey across 50% of the width of each façade along with four storey high vertical solid panels.

· The facades have been divided into vertical ‘panels’, no wider than 8 metres, except one panel on the southern elevation (10m length). All 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.

· The 10m long panel on the southern side would not have a negative visual impact on the streetscape. The panel has been visually divided by windows and the non-compliance in length is acceptable.

· The façade treatment, size and placement of windows, protruding balconies, vertical panels and stepped levels of the building, flat roof and large proportion of openings at the topmost storey minimises the bulk and scale and would contribute to the streetscape.

· The building would incorporate contemporary colours.

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

2.12.8 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.

2.12.9 Privacy

Given the orientation of the site, a number of balconies and primary living areas would front the side boundaries. Privacy louvers are proposed for balconies facing side boundaries which do not numerically achieve the separation requirements as per SEPP 65 or the Housing Strategy DCP. The ground floor balconies fronting the communal open spaces at the rear would be suitably screened by landscaping and privacy screens.

Highlight windows are proposed in many sections of the building to alleviate overlooking opportunities. The proposal complies with the privacy and setbacks requirements of the RFDC and Council’s Housing Strategy DCP and would not compromise the privacy of future occupants or adjoining neighbours.

2.12.10 Solar Access

The applicant has submitted solar access diagrams demonstrating compliance of individual units with solar access requirements. As the site is located within a redevelopment precinct, the solar access analysis has taken into account the overshadowing impacts from future five storey developments on adjoining sites. The applicant submits that all of the units would receive a minimum 2 hours solar access between 9am and 3pm on June 21. Based on Council’s assessment, the proposal would comply with the sunlight access requirements for units under the Housing Strategy DCP and is acceptable in this regard.

The solar access diagrams submitted with the application indicate the overshadowing impacts of the development to adjoining properties at 9am, 12pm and 3pm on June 21. The approved development on the eastern side would be sufficiently separated from the proposed development and would not overshadow or be overshadowed by any section of the building. A proposal for potential five storey development on the southern side would need to demonstrate compliance with the solar access and setbacks requirements for five storey developments governed by the RFDC and Council’s Housing Strategy DCP. This would be assessed in a future application.

2.12.11 Housing Choice

The proposed development includes a mix of one, two and three bedroom units and includes adaptable housing units. As stated earlier in the table, the percentage of the adaptable units is less than the required 30% (28% proposed). However, the proposal complies with the best practise principle of RFDC which requires 10% adaptable units within the development. The non-compliance is minor and is acceptable.

2.12.12 Vehicle Access and Parking

The proposed basement car park is over two levels and is accessed via a 6.1m wide driveway from Lords Avenue. 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 areas for residents and a bicycle parking area.

2.12.13 Lords Avenue, Asquith Precinct

The strategy for redevelopment of this precinct is to incorporate five storey residential flat buildings in garden settings with parking in basements. The Housing Strategy DCP states that developments should locate communal open spaces to retain the STIF and trees that form prominent landscape features.

The proposal maintains setbacks generally in accordance with the Housing Strategy DCP retaining significant trees within the rear setback wherever possible. The development would provide for a landscaped setting and a built-form that is consistent with the desired future outcome for the Lords Avenue, Asquith Precinct.

2.13 Waste Minimisation and Management Development Control Plan

The proposal includes a waste management plan with details of waste management during the demolition phase and the construction phase of building works. However, further details are required prior to the issue of a Construction Certificate as per conditions included in Schedule 1 of this report.

A garbage chute and recycling bins are provided on each level. For 25 dwellings, the development would require 6 x 240 litre garbage bins serviced twice weekly plus 6 x 240 litre recycling bins serviced weekly. The basement bin room is sufficient in size to house the required number of bins. Volume handling equipment arrangements have also been provided. The basement also includes a room for placement of unwanted bulky items awaiting collection.

The proposal provides a bin collection area, with dimensions 3.6m x 1.7m, on the southern side of the driveway easily accessible by the waste collection vehicle. A condition of consent is included in Schedule 1 requiring extension of this area marginally to accommodate the required number of bins for the development. A small rigid waste collection vehicle would be able to reverse onto the site and park on the driveway while servicing the bins and then leave the site in a forward direction.

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

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. The proposal does not comply with the requirements of the Housing Strategy DCP with regard to the provision of adaptable and accessible units. The matter has been discussed earlier in this report. 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 detail under Section 2.11.12 of this report.

2.16 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.

2.17 Section 94 Contributions Plans

Hornsby Shire Council Section 94 Development Contributions Plan 2012-2021 applies to the development as it would result in the addition of 23 residential units in lieu of the two existing residences. Accordingly, the requirement for a monetary Section 94 contribution has been recommended as a condition of development consent.

3. ENVIRONMENTAL IMPACTS

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

3.1 Natural Environment

3.1.1 Trees

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

The group of trees located at the rear of the site and on adjoining properties satisfy Councils’ criteria of a significant group of trees. The trees are consistent with, and are remnant to, Sydney Turpentine Ironbark Forest (STIF), a Critically Endangered Ecological Community. Patches of this community are located within Asquith Park, in close proximity to the site.

The application is supported by an Arboricultural Impact Assessment Report. The design of the building has been amended in accordance with the recommendations in the above report and Council’s requirements to retain significant trees within the rear setback. Notwithstanding, the proposal would necessitate the removal of four significant trees. Council’s assessment of the application in this regard concludes that the proposal is satisfactory subject to the protection of six significant trees (two of which are located on the adjoining property) and replacement planting on site.

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 2.12.6 of this report. Subject to conditions and on-going maintenance of the landscaped areas, the development would achieve a landscape setting and would be acceptable with respect to the natural environment.

3.1.2 Stormwater Management

The development proposes to connect to Council’s drainage system located in Lords Avenue via below ground on-site detention (OSD) system to control the discharge of water from the site. Council’s engineering assessment concludes that the OSD system is satisfactory, subject to conditions recommended in Schedule 1.

3.2 Built Environment

3.2.1 Built Form

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

3.2.2 Traffic

The proposed development would result in 23 additional units and is not classified as a traffic generating development. Council has undertaken an assessment of the likely traffic to be generated due to the proposed development using RMS Technical Directions Traffic (RMS TDT) 2013/04. The net traffic generation is estimated to be 6 vehicles in the AM peak hour and 8 vehicles in the PM peak hour, which is negligible in comparison with the traffic volumes on the surrounding road network. Council’s traffic assessment does not raise any objection to the proposed development and it is considered that the adjoining Pacific Highway is capable of facilitating the additional traffic.

A Traffic Management Improvement Plan, Figure 3.4(k), is included in the HDCP 2013 relating to the Asquith precinct. This includes the extension of Wattle Street to Amor Street, construction of a new roundabout at the junction of Wattle Street, Amor Street and Lords Avenue and restriction of left in, left out movements from Amor Street to Pacific Highway. These improvements have been included in the Works Schedule in Council’s Section 94 Development Contribution Plan 2012 – 2021 for implementation. These works would provide for the increase in traffic in the area and ease of traffic flow within the existing network. The proposal is in keeping with the key principles diagram and desired future outcome for the precinct.

3.3 Social Impacts

The residential development would improve housing choice in the locality by providing a range of household types. The location of the development is in close proximity to Asquith Railway Station and Asquith Commercial precinct allowing direct access to retail, business, recreational, health and educational facilities for future residents.

3.4 Economic Impacts

The development would result in a positive economic impact on the locality via employment generation during construction and minor increase in demand for local services following completion of the development.

4. SITE SUITABILITY

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

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

5. PUBLIC PARTICIPATION

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

5.1 Community Consultation

The proposed development was placed on public exhibition and was notified to adjoining and nearby landowners between 19 October 2013 to 7 November 2013 in accordance with Council’s Notification and Exhibition Development Control Plan. During this period, Council received two submissions. Subsequently the applicant lodged amended plans and the application was re-notified to adjoining and nearby landowners between 6 March 214 and 20 March 2014. During this period, Council received no submissions. 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

Two submissions objected to the development, generally on the grounds that the development would result in:

· Noise and dust pollution during construction;

· Reduction in security and safety in the area;

· Overshadowing houses on the opposite side of Lords Avenue;

· Increase traffic in the area; and

· Devalue of the properties within the low density zone on the opposite side of the street.

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

5.1.1 Noise and Dust Pollution

Subject to recommended conditions of consent regarding construction hours, dust and noise control measures, the proposal would have negligible impact on the surrounding area.

5.1.2 Devaluation of Property

The site has been rezoned to form a part of a high density residential precinct. The proposed density conforms with the development controls within the Housing Strategy DCP. The impacts of the high density zone on the surrounding locality had been considered in detail during the rezoning process. Devaluation of neighbouring properties due to redevelopment of the site is not a matter for consideration under Section 79C of the Environmental Planning and Assessment Act and is not within the scope of this report.

No further assessment in this regard is necessary.

5.1.3 Overshadowing

One submission raises concerns that the development would overshadow the low density residential developments on the opposite side of Lords Avenue.

Lords Avenue is located on the western side of the site, the distance of the nearest dwelling house from the site being approximately 25m. The submitted shadow diagrams demonstrate that the private open space areas or north facing windows of the existing dwelling houses on the western side would not receive any additional overshadowing due to the development, between 9am and 3pm, during Winter Solstice.

5.2 Public Agencies

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

6. THE PUBLIC INTEREST

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

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

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

CONCLUSION

The application seeks approval for the demolition of existing structures and construction of a five storey residential flat building comprising 25 units with basement car parking and strata title subdivision.

The proposed development is generally in accordance with the development controls for the ‘Lords Avenue, Asquith’ Precinct of the Housing Strategy DCP and would contribute to the future desired five storey residential character of the precinct. The minor non-compliance with prescriptive measures for setbacks, housing choice and landscaping are considered acceptable. The proposal complies with the design principles of SEPP 65 and the Residential Flat Design Code.

The proposal would result in a development that would be in keeping with the desired future character of the precinct.

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

Rod Pickles

Manager - Development Assessment

Planning Division

James Farrington

Group Manager

Planning Division

Attachments:

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

File Reference: DA/1041/2013

Document Number: D02847078

SCHEDULE 1

GENERAL CONDITIONS

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

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

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

1. Approved Plans and Supporting Documentation

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

Architectural Plans prepared by Faubourg 24 Pty Ltd

Plan No.	Issue No.	Plan Title	Dated
DA00	C	Cover Page	06/02/2014
DA01	B	Site Plan	06/02/2014
DA02	B	Basement 1	06/02/2014
DA03	B	Basement 2	06/02/2014
DA04	C	Ground Floor Plan	06/02/2014
DA05	C	First Floor Plan	06/02/2014
DA06	C	Second Floor Plan	06/02/2014
DA07	C	Third Floor Plan	06/02/2014
DA08	C	Fourth Floor Plan	06/02/2014
DA09	B	Roof Plan	06/02/2014
DA010	B	Elevations 1	06/02/2014
DA11	B	Elevation 2	06/02/2014
DA12	A	Streetscape	Received 30/09/2013
DA20	B	Sections	06/02/2014
DA21	A	Impact on trees	06/02/2014

Landscape Plans prepared by Vision Dynamics Pty Ltd

Plan No.	Issue No.	Plan Title	Dated
DA1	B	Landscape Concept Plan	6/12/2013

Stormwater Management Plans prepared by ALW Design

Plan No.	Issue No.	Plan Title	Dated
SW13378 – S1	A	Basement Stormwater Management Layout	27/09/2013
SW13378 – S2	A	Site Stormwater Management Layout	27/09/2013

Supporting Documents

Document Title	Document No.	Prepared by	Dated
Plan Showing Details and Levels	17375-sheet 3	Norton Survey Partners	30/6/2013
Site Analysis	DA 21 – 24 Issue A	Faubourg 24 Pty Ltd	Received 30/09/2013
Shadow Diagrams 1	DA 30	Faubourg 24 Pty Ltd	Received 30/09/2013
Solar Analysis 1- 7	DA 30-37	Faubourg 24 Pty Ltd	Received 30/09/2013
Statement of Environmental Effects	-	Think Planners Pty Ltd	25/09/2013
Waste Management Plan	-	Faubourg 24 Pty Ltd	26/09/2013
BASIX Certificate	505820M	Designview	27/09/2013
Assessor Certificate (Thermal Performance)	14750038	Designview	27/09/2013
Arboricultural Impact Assessment	-	Landscape Matrix Pty Ltd	17/12/2013
Design Verification Statement	-	Dany Khoury	Received 30/09/2013
Waste Management Plan	A	Faubourg 24 Pty Ltd	26/09/2013
Access Compliance Assessment Report	2013-092SS	Certified Building Specialists	26/09/2013
Photomontage	CS01, CS02 – Issue A	Faubourg 24 Pty Ltd	Received 30/09/2013
Colour Schedule	CS 03 - Issue A	Faubourg 24 Pty Ltd	Received 30/09/2013

2. Removal of Existing Trees

This development consent only permits the removal of tree(s) numbered T3, T4, T7, T8 as identified within the Arboricultural Impact Report prepared by Landscape Matrix dated 17 December 2013. The removal of any other trees requires separate approval in accordance with the Tree and Vegetation Chapter 1B.6 Hornsby Development Control Plan (HDCP).

3. Amendment of Plans

a) The following approved plans listed in Condition 1 are to be amended in accordance with the site layout as approved in “DA01-Site Plan – Issue B” prepared by Faubourg 24 Pty Ltd dated 06/02/2014:

Landscape Plan prepared by Vision Dynamics Pty Ltd

Plan No.	Issue No.	Plan Title	Dated
DA1	B	Landscape Concept Plan	6/12/2013

Stormwater Management Plans prepared by ALW Design

Plan No.	Issue No.	Plan Title	Dated
SW13378 – S1	A	Basement Stormwater Management Layout	27/09/2013
SW13378 – S2	A	Site Stormwater Management Layout	27/09/2013

b) The approved floor plans DA04, DA05, DA06 and DA07 prepared by Faubourg 24 Pty Ltd dated 06/02/2014 and listed in Condition 1 of this development consent, are to be amended to include an internal storage area for units 4, 10, 16 and 22. The storage areas must have a minimum volume of 4m³.

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. 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.

6. 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	$26,246.20
Open Space and Recreation	$286,873.80
Community Facilities	$40,211.10
Plan Preparation and Administration	$1,173.80
TOTAL	$354,504.90

being for 3 x 1 bedroom units, 19 x 2 bedroom units and 3 x 3 bedroom units in lieu of two existing dwelling houses.

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.

REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

7. Building Code of Australia

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

8. 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.

9. 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.

10. 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.

11. Dilapidation Report

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

12. Adaptable Units

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

13. 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.

14. Car Parking and Deliveries

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

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

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

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

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

e) All bicycle parking spaces are to be designed in accordance with Australian Standard 2890.3-1993 – Bicycle parking facilities, RTA (2005) NSW Bicycle Guidelines, Austroads (2008) Guide to Traffic management – Part 11: Parking.

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

15. Swept Path Analysis

A swept path analysis for the Small Rigid Vehicle reversing into the site and departing in a forward direction in accordance with the requirements of AUSTROADS must be submitted and approved.

Note: The analysis is to assume vehicles are parked on the west side of Lords Avenue.

16. Parking for People with Disabilities

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.

17. Motorcycle Parking

One motorcycle space is to be provided in the basement parking area and designed in accordance with AS2890.1-2004 Off Street Car Parking and the following requirement:

a) The motorcycle parking space is to be designed and located so that parked motorcycles are not vulnerable to being struck by a manoeuvring vehicle.

18. Waste Management Details

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:

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

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

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

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

19. Public Road and Drainage Works

A separate application under the Local Government Act, 1993 and the Roads Act, 1993 must be submitted to Council for all public road and drainage works. All road and drainage works approved under this consent must be designed and constructed in accordance with Council’s Civil Works Design and Construction Specification, 2005 and the following requirements:

a) The existing concrete footpath shall be removed and reconstructed along the full frontage of the development site within the road verge with the remaining area turfed.

b) The existing kerb and gutter shall be removed and reconstructed along the full frontage of the development site and sealing of road pavement between the existing pavement and lip of the gutter.

c) A minimum 375 diameter reinforced concrete pipe shall be constructed under the kerb and gutter at a minimum 1% grade and the kerb and gutter reconstructed as required for the installation of the pipe.

d) A grated gully pit with a minimum 1.8 metre wide lintel shall be constructed at the discharge point from the development site.

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

Note: These works and are to be completed prior to the issue of an occupation certificate.

20. Vehicular Crossing

A separate application under the Local Government Act, 1993 and the Roads Act, 1993 must be submitted to Council for the installation of a new vehicular crossing and the removal of the redundant crossing. The vehicular crossing must be constructed in accordance with Council’s Civil Works Design, 2005 and the following requirements:

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

b) The footway area must be restored by turfing; and

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

Note 1: 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.

Note 2: These works are to be completed prior to the issue of an occupation certificate.

21. Construction Management Plan

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

22. 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; and

f) Pedestrian and cyclist access/safety.

23. 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 drainage system in Lords Avenue. The Council stormwater pipe is required to be extended up to the property frontage.

Note: These works are to be completed prior to the issue of an occupation certificate.

24. 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 16.0 cubic metres, and a maximum discharge (when full) of 26.0 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 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; and

Note: These works and are to be completed prior to the issue of an occupation certificate.

25. 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; and

Note: These works and are to be completed prior to the issue of an occupation certificate.

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

26. 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.

27. 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; and

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

28. 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.

29. 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.

30. Tree Protection Barriers

Tree protection fencing must be erected around trees numbered T5, T9 & T12 as identified within the Arboricultural Impact Report prepared by Landscape Matrix dated 17 December 2013, in accordance with the nominated Tree Protection Zones (TPZ) listed below. The tree fencing must be constructed of 1.8 metre ‘cyclone chainmesh fence’.

Tree Protection Zones (TPZ)

TREE	TPZ
1	12m
5	5m
9, 10, 11, 12	8m

31. Tree Ground Protection

Prior to works commencing and throughout the construction phase, the area of TPZ (located on the property) of trees T9 & T12 as identified within the Arboricultural Impact Report prepared by Landscape Matrix dated 17 December 2013, are to be protected by the use of wood-chip mulch.

The mulch is to be maintained at a depth of 150mm using material that complies with AS 4454.

Note: A certificate from the Project Arborist is to be submitted to the Principal Certifying Authority stating that all tree protection measures are in accordance with the above and consistent with the intentions of the Australian Standard ‘Protection of Trees on Development Sites (AS 4970-2009) prior to commencement of works.

REQUIREMENTS DURING CONSTRUCTION

32. 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.

33. 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.

34. 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.

35. Street Sweeping

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

36. Works Near Trees

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

b) Approved works (including driveways and retaining walls) within the nominated Tree Protection Zones of any tree/s required to be retained (whether or not on the subject property, and pursuant to this consent), must retain the current useful life expectancy of the trees. The works must be carried out under the supervision of the Project Arborist and a report/certificate submitted to the principal certifying authority detailing the methods used to preserve the trees during such construction works;

c) All pruning works must be undertaken in accordance with the specifications with the Australian Standard ‘Pruning of Amenity Trees’ (AS 4373-2007);

d) Tree roots, greater than 30mm diameter and located within the nominated TPZ of any tree to be retained (whether or not within the site) are NOT to be severed or injured in the process of any construction or demolition work on the site;

e) Tree roots which are less than 30 mm diameter and are required to be severed to carry out works approved under this development consent, must be cut cleanly by hand, by a qualified and experienced Arborist or Horticulturalist with minimum qualifications of Horticultural Certificate or Tree Surgery Certificate (AQF 3);

f) Repositioning of the Tree Protection barriers/fencing around the TPZs of T9 and T12 (specified in condition 29 and 30), to enable construction works approved under this development consent, must be done under the supervision of the Project Arborist, in accordance with AS 4970-2009;

g) Excavation for the installation of piers within the nominated Tree Protection Zone of tree T9 must be carried out at a minimum distance of 3m from the trunk of the tree and by hand excavation ONLY;

h) Hand excavation is to be carried out in such a manner that is non-injurious to any roots revealed; and

i) Excavation for the construction of the basement levels, within the nominated Tree Protection Zone of tree T12 must be carried out at a minimum distance of 5m from the trunk of the tree and in a manner that is non-injurious to any roots revealed.

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

37. 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.

38. 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.

39. 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; and

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

40. 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.

41. 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 levels are in accordance with the approved plans.

42. 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.

43. Construction Noise Management

The construction works must be undertaken in accordance with the “Interim Construction Noise Guidelines – 2009” published by Department of Environment and Climate Change NSW.

44. Waste Management Details

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

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.

45. Fulfilment of BASIX Commitments

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

46. Sydney Water – s73 Certificate

An s73 Certificate must be obtained from Sydney Water.

47. 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 Civil Works Specifications. Council’s Restorations Supervision must be notified for a formwork inspection prior to pouring concrete.

48. 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.

49. Landscaping Requirements

The following landscaping requirements are to be complied with:

a) 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;

b) Two street trees must be planted on the Lords Avenue street verge. Tree shall be installed at minimum 75 litre pot size and must not impact on pedestrian, cyclist or vehicular sight lines. To maintain canopy cover, four (4) locally indigenous trees, consistent with the species that form part of Sydney Turpentine Ironbark Forest are to be planted at the rear of the property;

c) Plantings must be appropriately spaced and placed outside the drip-line of existing trees and located at a distance greater than 4m from the foundation walls of a dwelling or in-ground pool;

d) Trees must reach a mature height greater than 8m;

e) The pot sizes are to be a minimum 25 litres and the trees must be maintained until they reach the height of 3m; and

f) 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 3m, must be replaced at the expense of the property owner.

Note 1: A certificate from suitably qualified and experienced Horticulturalist is to be submitted to the Principal Certifying Authority stating that all plant stock meet the specifications outlined in ‘Specifying Trees’ (Ross Clark, NATSPEC Books) and that the planting methods were current professional (best practice) industry standards at the time of planting.

Note 2: Advice on suitable species for landscaping can be obtained from Council’s planting guide ‘Indigenous Plants for the Bushland Shire’, available at www.hornsby.nsw.gov.au.

50. Final Certification of Tree Protection

The project arborist must assess the condition of trees and their growing environment and make recommendations for, and if necessary carry out remedial actions.

Following the final inspection and the completion of any remedial works, the project arborist must submit to the Principal Certifying Authority documentation stating that the completed works have been carried out in compliance with the approved plans and specifications for tree protection as above and AS 4970-2009.

51. Car Parking Allocation and Residential Storage

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

52. 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.

53. Retaining Walls

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

54. Boundary Fencing

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

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

55. 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.

56. 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.

57. Unit Numbering

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

58. 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 storage of a minimum one day’s waste generation with separate containers for general waste and recyclable materials.

59. Construction of a Safe Environment

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

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

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

c) The communal open space areas are to be illuminated with high luminance by motion sensor lighting;

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

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

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

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

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

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

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

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

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

m) The entry doors to the pedestrian foyer is to be constructed of safety rated glass to enable residents a clear line of site before entering or exiting the residential apartments;

n) Lighting is to be provided to pathways, building foyer entries, driveways and common external spaces;

o) Security deadlocks are to be provided to each apartment door; and

p) Peep holes are to be provided to individual apartment doors to promote resident safety.

60. Works as Executed Plan

A works-as-executed plan(s) must be prepared by a registered surveyor and submitted to Council for completed road pavements, assets, kerb & gutter, drainage systems and on-site detention system.

OPERATIONAL CONDITIONS

61. Visitor Access

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

62. Waste Storage Area and Waste Management

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

a) 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, arranging the prompt removal of dumped rubbish, and ensuring all residents are informed of the use of the waste management system.

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

63. 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.

64. Noise

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

65. Fire Safety Statement - Annual

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

- END OF CONDITIONS -

ADVISORY NOTES

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

Environmental Planning and Assessment Act, 1979 Requirements

The Environmental Planning and Assessment Act, 1979 requires:

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

In accordance with Clause 5.9 of the Hornsby Local Environmental Plan 2013 a person must not ringbark, cut down, top, lop, remove, injure or wilfully destroy any tree or other vegetation protected under the Hornsby Development Control Plan 2013 without the authority conferred by a development consent or a permit granted by Council.

Notes: A tree is defined as a long lived, woody perennial plant with one or relatively few main stems with the potential to grow to a height greater than three metres (3M). (HDCP 1B.6.1.c).

Tree protection measures and distances are determined using the Australian Standard AS 4970:2009, “Protection of Trees on Development Sites”.

Fines may be imposed for non-compliance with both the Hornsby Local Environmental Plan 2013 and the Hornsby Development Control Plan 2013.

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.

Subdivision Certificate Requirements

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

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

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

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

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

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

Fees and Charges – Subdivision

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

Dial Before You Dig

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.

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:

www.environment.nsw.gov.au

www.nsw.gov.au/fibro

www.adfa.org.au

www.workcover.nsw.gov.au

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

House Numbering

House numbering can only be authorised by Council. Before proceeding to number each premise in the development, the allocation of numbers is required to be obtained from Council's Planning Division prior to the issue of a Subdivision Certificate. The authorised numbers are required to comply with Council’s Property Numbering Policy and be displayed in a clear manner at or near the main entrance to each premise.

Group Manager’s Report No. PL22/14

Planning Division

Date of Meeting: 9/04/2014

5 DEVELOPMENT APPLICATION - PART MULTI DWELLING HOUSING AND PART RESIDENTIAL FLAT BUILDING COMPRISING 9 UNITS - 17 YARDLEY AVENUE, WAITARA

EXECUTIVE SUMMARY

DA No:	DA/1299/2013 (Lodged 21 November 2013)
Description:	Demolition of the existing dwelling, construction of part two storey multi dwelling housing and part residential flat building, containing nine units, basement car parking and strata subdivision
Property:	Lot 10 DP 4989, No. 17 Yardley Avenue, Waitara
Applicant:	RCE Pty Ltd
Owner:	Rahimi’s Consulting Engineers Pty Ltd
Estimated Value:	$2,458,021
Ward:	B

· The application proposes demolition of the existing dwelling and outbuildings, construction of part storey multi dwelling housing and part residential flat building with attics containing 9 units, basement parking and strata subdivision.

· The proposal involves the development of an isolated site. As a result, the proposal does not comply with the Hornsby Development Control Plan 2013 with regard to frontage, floor plate dimension, building separation and solar access requirements.

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

· It is recommended that the application be approved.

RECOMMENDATION

THAT Development Application No. DA/1299/2013 for demolition of an existing dwelling and construction of part two storey multi dwelling housing and part residential flat building containing nine units, basement parking and strata subdivision at Lot 10 DP 4989, No. 17 Yardley Avenue, Waitara be approved subject to the conditions of consent detailed in Schedule 1 of Group Manager’s Report No. PL22/14.

BACKGROUND

There is no background relevant to the determination of this application.

SITE

The site comprises one allotment located on the eastern side of Yardley Avenue and is rectangular in shape with an area of 1067m². The site has a frontage of 20.1m and a slope of 11% from the rear boundary to the south-western corner.

Existing improvements on the site include a single storey fibro dwelling house with associated outbuildings and a driveway.

The eastern side of Yardley Avenue accommodates pockets of two-storey medium density developments. The adjoining sites on both sides accommodate rows of townhouses facing the site. Low density detached residential developments are located on the opposite side of the street. An administrative building owned by a church adjoins the rear of the site.

Yardley Avenue ends in a cul-de-sac, approximately 200m south of the site. A playing field, associated school buildings and pedestrian access to St Leos College site is located at the end of the cul-de-sac. A primary school (Our Lady of the Rosary), church and a retirement village (The Grange) are located to the south and east of the site. The site is located in close proximity to Waitara Railway station.

PROPOSAL

The application involves demolition of the existing dwelling and construction of a two-storey development comprising part multi-dwelling housing and part residential flat building with attic space, comprising nine units with basement car parking and strata subdivision.

The unit configuration would comprise of 1 x 1 bedroom, 3 x 2 bedroom, 3 x 3 bedroom and 2 x 4 bedroom units as follows:

· Units 1, 5 and 6 – Two-storey units with attics comprising 1 x 4 bedroom and 2 x 3 bedroom units being accessed at ground floor;

· Units 2, 3 and 4 – Single storey units located at the ground level comprising 1 x 1 bedroom and 2 x 2 bedroom units; and

· Units 7, 8 and 9 – These three units are proposed to be located over units 2, 3 and 4, being accessed via stairs and lift from a common lobby at the ground level. The two storey-units would include the upper level within the roof space (attics) and comprise 1 x 3 bedroom, 1 x 2 bedroom and 1 x 4 bedroom units.

The units would include balconies fronting the street and side setbacks.

The development would be accessed from Yardley Avenue via a centrally located driveway. A separate pedestrian entry is located adjacent to the southern boundary of the site which would provide individual access to units 1 – 6 and also to the lift/stair lobby for access to units 7 – 9, located on the upper floors. A total of 12 residential spaces and 2 visitor’s parking spaces are proposed in one basement level.

The development would include landscaped areas along the front, rear and side setback areas. A communal open space area is proposed to be located at the rear of the site.

ASSESSMENT

The development application has been assessed having regard to the ‘Metropolitan Plan for Sydney 2031’, the ‘North Subregion (Draft) Subregional Strategy’ and the matters for consideration prescribed under Section 79C of the Environmental Planning and Assessment Act 1979 (the Act). The following issues have been identified for further consideration.

1. STRATEGIC CONTEXT

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

Within the North Subregion, the Draft Metropolitan Strategy proposes:

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

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

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

The proposed development would be consistent with the Metropolitan Plan for Sydney 2031 by providing 8 additional dwellings.

2. STATUTORY CONTROLS

2.1 Hornsby Local Environmental Plan 2013

The relevant provisions of the Plan are discussed below.

2.1.1 Land Use Zones and Permissibility

The subject land is zoned R3 (Medium Density Residential) zone under the Hornsby Local Environmental Plan 2013 (HLEP). The objectives of the zone are:

(a) To provide for the housing needs of the community within a medium density residential environment.

(b) To provide a variety of housing types within a medium residential environment.

(c) To enable other land uses that provide facilities or services to meet the day to day needs of residents.

The development proposed a medium density residential development and complies with the zone objectives.

Units 1, 5 and 6 comprise “multi-dwelling housing” being attached multi-level units each with access at ground level.

Units 2 – 4 and 7 – 9 comprise “residential flat buildings” as units 7-9, are situated above Units 2 – 4 with access from the ground level via stairs and a lift.

“Multi dwelling housing” and “Residential flat buildings” are permissible in the zone with Council’s consent.

2.1.2 Height of Buildings

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 10.5 metres. The proposal complies with this provision.

2.1.3 Heritage Conservation

Clause 5.10 of the HLEP 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 evaluation is required in this regard.

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

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

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

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

The definition of “residential flat building” in SEPP 65 is as follows:

“Residential flat building” means a building that comprises or includes:

a) 3 or more storeys (not including levels below ground level provided for car parking or storage, or both, that protrude less than 1.2 metres above ground level), and

b) 4 or more self-contained dwellings (whether or not the building includes uses for other purposes, such as shops),

The Standard Instrument – Principal Local Environmental Plan defines a “storey” to be as follows:

“Storey” means a space within a building that is situated between one floor level and the floor level next above, or if there is no floor above, the ceiling or roof above, but does not include:

a) a space that contains only a lift shaft, stairway or meter room,

b) a mezzanine, or

c) an attic.

“Attic” means any habitable space, but not a separate dwelling, contained wholly within a roof above the ceiling line of the storey immediately below, except for minor elements such as dormer windows and the like.

This development essentially involves a two-storey development with additional floor area at the uppermost level within the roof space which complies with the definition of an “attic” in the HLEP and the Standard Instrument.

Given that an attic is not considered to be a “storey”, the development does not involve a “residential flat building” as defined by SEPP 65 and the Policy does not apply to this development.

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

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

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

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 proposed development has been assessed having regard to the relevant performance and prescriptive requirements within Hornsby Development Control Plan 2013 (HDCP). The following table sets out the proposal’s compliance with the relevant provisions of the Plan:

Hornsby Development Control Plan
Control	Proposal	Requirement	Compliance
Site Width	20.1m	30m	No
Height	2 storeys + attic – 10.5m	2 storeys + attic – 10.5m	Yes
Maximum Floorplate Dimension	38m	35m	No
Height of basement above ground	<1m	1m (max)	Yes
Roof Pitch	20-25 degrees	25 degrees (max)	Yes
Dormer windows	2m (max width) 2m (min separation)	2m (max width) 2m (min separation)	Yes Yes
Front setback Balcony encroachment	8m 1.6m in front of building line	7.6m 1.6m (max)	Yes Yes
Rear Setback	6m	6m	Yes
Side setbacks Building Balconies/light weight structures	6m 3m (for 12m length)< 1/3 frontage 3m(Ground level) 4.5m(upper level)	6m 3m < 1/3 frontage 3m 4.5m	Yes Yes Yes Yes
Underground Parking Setback	6m front 4m rear 3m sides	6m front 4m rear 3m sides	Yes Yes
Basement Ramp Setback	4m	2m	Yes
Max Wall Panel width Front Northern side Southern side	8m 10m 15m	8m 12m 12m	Yes Yes No
Deep soil Landscaped areas	6m front 4m rear 3m sides	6m front 4m rear 3m sides	Yes Yes Yes
Private Open Space with Min Width 2.5m	1 br units >10m² 2 br units >12m² 3 br units >16m² Townhouse>24 m²	1 br units 10m² (min) 2 br units 12m² (min) 3 br units 16m² (min) Townhouse 24 m²(min)	Yes Yes Yes Yes
Communal Open Space with minimum dimension 4m	124 m²	Not required (<10 dwellings)	Yes
Parking	12 resident spaces 2 visitor spaces 4 bicycle racks 1 motorbike space	12 resident spaces 2 visitor spaces 4bicycle racks 1 motorbike space	Yes Yes Yes Yes
Solar Access	77% receive 2 hours	70% receive 3 hours	No
Housing Choice	1 br unit - 12% 2 br unit - 76% 3 br unit - 12%	10% of each type (min) 10% of each type (min) 10% of each type (min)	Yes Yes Yes
Adaptable Units	2 units	N/A as less than 10 units proposed	Yes

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

2.8.1 Desired Future Character

The site forms a part of a street which is characterised by medium density housing comprising two storey townhouses in a landscape setting, low density developments on the opposite side and educational establishments.

The proposed building is in accordance with the desired future character of the area for well-articulated two-storey multi dwelling houses and residential flat buildings in garden settings with basement car parking, pitched roofs with wide eaves and additional floor area within the roof space.

The proposal complies with the desired future character for the area.

2.8.2 Site Requirements

The HDCP requires sites to have a minimum frontage of 30 metres. The subject site has a frontage of 20.1m to Yardley Avenue and does not meet this requirement.

The site is isolated due to the presence of two medium density developments on the adjoining sites. Given that this is a residual allotment, compliance with the frontage requirement is not possible.

Notwithstanding, it is considered that the proposal responds appropriately to the constraints of the site, results in a reasonable development which generally complies with the setback and building envelope requirements.

2.8.3 Height

The height requirements of the DCP are addressed below in terms of building height and roof design.

2.8.3.1 Building Height

The proposed building complies with the 10.5 metre maximum height limit. The proposed basement car park would not project more than 1m above finished ground level.

The development proposes additional floor area for Units 1, 5, 6, 7 – 9 at the uppermost level in the form of attics. As discussed in Sections 2.1 and 2.4 of this report, the built form proposed is for a two storey development with attic which complies with the requirements of the DCP.

2.8.3.2 Roof Design

The development proposes pitched roofs with wide eaves. The roof pitches would be less than 25 degrees, in accordance with the requirements of HDCP. The attic level is contained wholly within the roof space.

Dormer windows at the attic level are set down below the ridge line and primarily face the front and rear. Dormer style windows are also proposed in the central section of the pitched roof fronting the side boundary. However, these windows would blend well into the roof form and not have adverse privacy impact or be visually intrusive due to their location and setbacks from the boundaries.

The design of the roof and the lift overrun are in accordance with Council’s requirements and does not contribute to the bulk and scale of the building. Accordingly, the proposed development is satisfactory in respect to the two storey built form with attics.

2.8.4 Setbacks

The proposal generally complies with the requirements of the DCP with regard to setbacks.

The emergency exit stairway from the basement encroaches into the southern side setback reducing the setback to 500mm at the boundary. However, the encroachment is for a length of 3m and the area around the stairs at the ground level is landscaped. The encroachment is considered minor compared to the scale of the development as it does not impact on the provision of deep soil planting for the development.

The HDCP requires light weight balconies at the upper levels to have a minimum setback of 4.5m from the side boundary. A minor section of the balcony adjoining the common lift lobby on the southern façade would have a setback of 3m from the side boundary. The applicant has addressed this non-compliance by proposing a 2.1m high fixed blade privacy screen along the entire length of this balcony to alleviate any adverse privacy impact. Given that this balcony does not form a part of a private open space area, is required for circulation only and that a privacy screen has been proposed, the non-compliance is acceptable.

The application is assessed as satisfactory with regard to setbacks.

2.8.5 Building Form and Separation

The building form requirements of the DCP are addressed below in terms of floor plate, separation and articulation.

2.8.5.1 Floor Plate

The proposal involves a floor plate with a maximum dimension of 38m and exceeds the maximum permissible width of 35m as required by HDCP.

As discussed earlier, the development is proposed on an isolated site with a frontage of only 20m. As a result the proposed built form is narrow, being dictated by the side setback requirements. The floor area has been accommodated in a linear pattern, taking advantage of the depth of the site (53m) and in keeping with the adjoining developments which have building lengths of 39m and 43m respectively.

Strict compliance with the length of the floorplate would result in a relatively small building footprint, compromising the development potential of the land. Further, the non-compliance relates to the facades that would face the side setbacks and therefore, would not have any adverse impact on the streetscape. The building has been well articulated to reduce any visual intrusiveness that may result from an elongated building façade. The increased building length would not have a negative impact on the setbacks, solar access to adjoining properties or deep soil landscaped areas.

Given the proposed façade articulations and the precedents in the locality, the non-compliance with regard to floorplate dimension is acceptable.

2.8.5.2 Separation

The HDCP stipulates the following separation requirements:

· Between unscreened habitable rooms/balconies/private open space – 12m

· Between screened habitable rooms/balconies/private open space – 9m

· Between non-habitable rooms (including blank walls) – 6m

Given the narrow width of the site, the majority of the private open space areas and balconies would front the side boundaries facing the townhouses on adjoining allotments. Whilst, the proposed development maintains the required setbacks from the boundaries, the existing developments on the adjoining northern and southern allotments have a setback of approximately 4m each, with windows of habitable rooms facing the site. Accordingly, the required building separation cannot be achieved for this development.

Notwithstanding, the submitted plans demonstrate that approximately 11 – 12m separation would be achieved between the primary living areas and about 8m separation would be achieved between habitable rooms and balconies on the northern side. Privacy screens and highlight windows are proposed for those sections of the balconies, including bedrooms and living areas where the separation is less than 12m. The design avoids placing windows facing existing windows of adjoining developments, wherever possible. Opaque glass is also proposed for certain habitable rooms on the northern and southern sides.

No balconies or primary living areas would be orientated towards the southern side. The unscreened habitable rooms on the southern side would achieve a separation of 10 – 11m. Highlight windows with opaque glass are proposed on this façade as well.

Given that the design incorporates appropriate privacy measures to alleviate overlooking opportunities and maintain amenity of the future occupants and neighbours, the proposal complies with the intent of the “Building separation” control and would result in a reasonable design outcome for the site.

2.8.5.3 Articulation

Reasonable articulation has been achieved by restricting the front façade width to a maximum of 8m, proposing 1m offsets, dormer windows, wrap around balconies, and deep eaves.

To achieve compliance with the setback requirements, no wall projections or offsets are proposed at the rear end of the southern facade resulting in a 15m long continuous wall in this section. The façade has been divided into horizontal wall panels by variable materials and finishes to alleviate any visual impact due to the increased length. Pergolas and light weight structures protrude at the ground floor level providing further separation. No adverse visual impact is envisaged due to the location of the continuous façade and the proposed treatments,

The width of wall panels for all other facades is restricted to 12m with 1m offsets.

The townhouse style units within the development would include individual covered entries at the ground level with front terraces. Sunshades, pergolas, light weight balconies and an appropriate combination of materials and finishes provide variety in the built form.

The application is assessed as satisfactory in this regard.

2.8.6 Landscaping and Open Space

The proposal includes deep soil landscaped areas on all sides. The rear setback would be utilised as communal open space and complimented with landscaping. The HDCP does not require a communal open space area for developments comprising less than 10 units.

The private open space areas comply with the prescriptive area requirements and are designed for active living and to maximise useable space. Units 1-6 would include courtyards and terraces at the ground level, with areas in excess of 24m². Each dwelling would also include a separate clothes drying area.

The application includes a landscape plan which is assessed as satisfactory subject to recommended conditions of consent in Schedule 1 of this report.

2.8.7 Privacy and Security

The HDCP encourages the location of primary living areas and private open space areas at the front or rear. As discussed in Section 2.8.5.2 of this report, the majority of the balconies and primary living areas would front the side boundaries. The development is designed locating the upper level balconies and the ground level private open space areas on the northern side only. An existing high fence and screen planting on this side would restrict overlooking opportunities. Further screen planting is also proposed within the front setback, maintaining privacy of the terrace fronting Yardley Avenue.

The details of the privacy measures incorporated in the design of the development have been discussed in Section 2.8.5.2 of this report.

The design orientates the balconies and windows of individual units and townhouses towards the street and side boundaries, providing passive surveillance of the public domain and communal open space areas. Both the pedestrian and vehicular entry points are secured and visibly prominent from Yardley Avenue.

The proposal includes an assessment of the development against crime prevention controls having regard to surveillance, access/egress control, territorial reinforcement and space management.

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

2.8.8 Sunlight and Ventilation

The HDCP stipulates that, between 9am and 3pm on 22 June, at least 70% of the dwellings should receive a minimum of 3 hours of unobstructed solar access to 50% of the private open space areas and the north facing living areas.

The subject site is an isolated site and is located at a lower level that the adjoining northern allotment. The site has been landlocked by two existing developments which do not comply with the current development controls. As discussed earlier in this report, the proposed building would not achieve sufficient building separation from the adjoining developments on both sides. The applicant has submitted hourly solar access diagrams and analysis taking into account the overshadowing impacts from the existing developments. The diagrams demonstrate that the majority of the north facing private open space areas and balconies for the proposed development would not receive 3 hours solar access between 9am and 3pm on June 22, due to overshadowing impacts of the existing development to the north.

However, the proposed development would achieve 2 hours of unobstructed solar access to 77% (7 out of 9 units) of the units between 9am and 3pm on June 22. It is considered that given the site constraints, strict compliance with solar access provisions would unreasonably compromise development potential of the site. The 2 hours solar access provision applies to residential flat buildings in high density precincts and is considered appropriate for this development.

The solar access to individual units could be improved by increasing the setbacks on the northern side. However, this would result in overshadowing of the adjoining southern development which is not encouraged. Based on Council’s assessment, the non-compliance with regard to solar access requirements is acceptable.

All units and townhouses would have windows on both the northern and southern sides to facilitate cross flow and natural ventilation.

2.8.9 Housing Choice

The proposed development includes a mix of one, two, three and four bedroom units and townhouses and includes two adaptable units.

2.8.10 Vehicle Access and Parking

The proposed single level basement car park is to be accessed via a 6m wide driveway from Yardley Avenue. The parking provision is in accordance with the minimum number of car spaces prescribed by the HDCP. The driveway width, ramp gradients and aisle widths are assessed as satisfactory. The basement level includes storage areas for residents, bicycle parking and a motorbike parking space.

2.8.11 Waste Management

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

For 9 dwellings, the development would require 3 x 240 litre garbage bins serviced twice per week and 3 of 240 litre recycling bins serviced weekly. A shared bin room is proposed at the basement level, sufficient in size to house the required number of bins. The basement also includes an area for placement of unwanted bulky items awaiting collection.

The bins would be carted up the pedestrian ramp to the property boundary for kerbside garbage collection. The ramp grade and distance of the bin room from the property boundary are assessed as satisfactory. A collection area within the front setback of the property would be required to enable collection of the bulky items occasionally. This is recommended as a condition of consent.

Subject to recommended conditions, the proposed development is satisfactory with regard to waste management and collection.

2.8.12 Accessible Design

There are no requirements for the provision of adaptable residential units for medium density developments where less than 10 units are proposed.

Notwithstanding, the development proposes continuous barrier free access to all floors via a lift, continuous paths of travel to all areas of the site and a disable car space within the basement level complying with AS2890.6 -2009.

2.9 Section 94 Contributions Plan

Hornsby Shire Council Section 94 Development Contributions Plan 2012-2021 applies to the development as it would result in the addition of 8 dwellings in lieu of the existing residence. Accordingly, the requirement for a monetary Section 94 contribution has been recommended as a condition of development consent.

3. ENVIRONMENTAL IMPACTS

3.1 Natural Environment

3.1.1 Trees

The site comprises a number of native planted trees and locally indigenous trees and shrubs. The application includes an Arborist Report which identifies and assesses the impact of the development on four trees of medium significance, three of which are located on the neighbouring property to the north. The proposal would necessitate the removal of one significant Eucalyptus tree located within the development area.

The Arborist Report recommends tree protection measures for the trees within the neighbouring property. Council’s assessment of the application with regard to its impact on trees concludes that the proposal is satisfactory subject to recommended conditions of consent regarding tree protection measures and additional planting to maintain the canopy cover.

3.1.2 Stormwater Management

The development proposes to connect to Council’s drainage system located in Yardley Avenue via an above ground on-site detention (OSD) basin located within the front setback area, to control the discharge of water from the site. Council’s engineering assessment concludes that the OSD system is satisfactory. Subject to conditions recommended in Schedule 1, the proposed drainage system would not result in any additional stormwater flows onto the adjoining properties.

3.2 Built Environment

3.2.1 Built Form

The built form responds to the existing streetscape and the slope of the site. The proportions, alignments and articulation provide appropriate scale relationship between properties and create streetscape interest. The proposed external finishes would provide a variety in built form and blend with the existing developments on the street.

The height element is consistent with the streetscape and surrounding development pattern. The perspectives submitted with the application demonstrate that the proposed development would be marginally higher than the adjoining southern development. Given that the height of the development is variable, sections of the development would be lower than the existing townhouses. As such, over 2m cut is proposed at the rear of the site to maintain the level of the basement which would contribute in reducing the bulk and scale of the building in addition to the proposed façade articulation.

The site has a downward slope towards the south-western corner which would also minimise the bulk of the development when viewed from the northern side and the rear.

The proposal is acceptable in terms of the built form, scale and its relation to the exiting built environment.

3.2.2 Traffic

The proposed development would result in 8 additional units and is not classified as a traffic generating development under Schedule 3 of the State Environmental Planning Policy (Infrastructure) 2007. The proposal includes a Traffic and Parking Assessment Report which estimates the net increase in the traffic generation potential as a result of the redevelopment of the site, to be 4 vehicles per hour. The estimation is based on the traffic generation rates for medium density developments published in “Guide to Traffic Generating Developments, Section 3- - Landuse traffic Generation (October 2002)”.

The projected increase in traffic activity as a consequence of the development proposal is minimal in comparison with the traffic volumes on the surrounding road network. The proposed basement includes sufficient parking to cater for the development and would not have any additional impact on street parking. The impact of the proposed development on the local traffic network is assessed as satisfactory.

3.3 Social Impacts

The residential development would improve the housing choice in the locality by providing an additional 8 units. This is consistent with the North Subregion (Draft) Subregional Strategy.

3.4 Economic Impacts

The proposal would have a minor positive impact on the local economy in conjunction with other new medium density residential developments 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”.

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 5 December 2013 and 19 December 2013 in accordance with the HDCP. During this period, Council received eight submissions from residents of four properties including one from the owner’s corporation. 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

Eight submissions objected to the development, generally on the grounds that the development would result in:

· A three storey development in the locality with a design which is not compatible with the built environment of the locality;

· Development that is excessive in bulk and scale;

· Unacceptable overshadowing of the private open space areas of the townhouses on the southern side;

· Unsatisfactory drainage measures which may cause stormwater runoff onto the adjoining properties;

· Unacceptable traffic impacts due to increase in the number of cars, reducing safety of the children in the locality; and

· Devaluation of surrounding properties.

The objectors have also raised concerns regarding the following matters:

· Adverse impacts due to removal of asbestos from the existing dwelling during demolition;

· No provision to park additional cars on the street due to the existing parking restrictions in place on Yardley Avenue;

· Adverse impact of the development on the privacy of the low density developments on the opposite side of the street due to the location of the balconies, car park entrance and headlights from cars entering and exiting the site;

· Adverse impact of the proposed development on the solar water heating panels located on the roofs of townhouses on the southern side, which require 8-10 hours of direct sunlight during winter; and

· Resultant soil erosion due to the proposed excavation and construction works and the adverse impacts on the structures adjoining the development.

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

5.1.1 Overshadowing Impacts

The objections have raised concerns regarding potential overshadowing of the adjoining townhouses to the south and the restriction of solar access to the solar panels on the roof. The townhouses on the adjoining southern allotment are located at a setback of 4m from the boundary with the windows of habitable rooms and private open spaces areas facing the northern boundary.

The applicant submitted hourly solar access diagrams which demonstrate that the development would potentially overshadow one townhouse located on the southern side during Winter Solstice. The remaining townhouses would receive a minimum of 3 hours solar access to at least 50% of private open space area and the north facing windows between 9am and 3pm on June 22.

A requirement for 8 -10 hours of direct solar access to a development located in a medium density precinct during Winter Solstice is not ensured and is not a requirement of HDCP. As such, the submitted shadow diagrams demonstrate that the roofs of the townhouses in question would receive 3 - 4hrs of solar access during Winter Solstice.

The overshadowing impact is unavoidable as site has a downward slope towards the south-western corner and the adjoining development is located in close proximity to the fence on the southern side. The development complies with the setback, height and façade articulation requirements and the design is a reasonable outcome for the site.

5.1.2 Safety of Children and Pedestrians

The proposal involves a medium density development with 9 units. The proposal includes sufficient on-site parking provisions and would result in the addition of 4 vehicles per hour in the locality. Vehicles can enter and leave the site in a forward direction. It is not considered that the net increase in traffic would have any adverse impact on the safety of pedestrians and children using Yardley Avenue to access the schools.

5.1.3 Privacy of Developments on the Opposite Side

The dwelling houses on the opposite side of the street are located at a minimum distance of 21m from the front property boundary. The proposed development would incorporate a further setback of 6m to the front boundary. Given the distance, the development would have minimal impact on the low density developments in terms of privacy.

5.1.4 Asbestos Removal

Conditions of consent are recommended in Schedule 1 of this development consent requiring the removal of asbestos in accordance with the Australian Standard for the ‘Demolition of Structures’ and WorkCover requirements, so that it does not impact on the amenity of the neighbouring properties.

5.1.5 Soil Erosion and Structural Integrity

Conditions of consent are recommended in Schedule 1 of this development consent requiring erosion and sediment control measures to be maintained throughout the demolition and construction phase of the development. Conditions also require the submission of Dilapidation reports to ensure that no damage is caused to the adjoining buildings during excavation works.

5.1.6 Devaluation of Property

The site forms part of a medium density residential precinct. The proposed density conforms with the development controls within the HDCP. Devaluation of neighbouring properties due to redevelopment of the site is not a relevant matter for consideration under Section 79C of the Environmental Planning and Assessment Act.

5.2 Public Agencies

The development application is not required to be referred to any Public Agencies for comment.

6. THE PUBLIC INTEREST

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

CONCLUSION

The application proposes demolition of the existing single dwelling and construction of a two storey development with attics comprising a combination of multi dwelling housing and residential flat building, containing 9 units and basement parking and strata subdivision.

The development is proposed in an isolated site with a narrow frontage and existing medium density development on both sides. The proposed development responds appropriately to the constraints of the site and is assessed as satisfactory in respect to the design principles and prescriptive measures within Hornsby Local Environmental Plan 2013 and Hornsby Development Control Plan 2013. The minor non-compliance with prescriptive measures for floorplate, frontage, setbacks and separation are considered acceptable.

Approval of the proposal is recommended.

Rod Pickles

Manager - Development Assessment

Planning Division

James Farrington

Group Manager

Planning Division

Attachments:

1.View	Locality Map
2.View	Floor Plans
3.View	Elevations
4.View	Sections
5.View	Shadow Diagrams
6.View	Colour Schedule
7.View	Perspective
8.View	Landscape Plan

File Reference: DA/1299/2013

Document Number: D02849900

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 Zhinar Architects

Plan No.	Issue No.	Plan Title	Dated
DA-A:00	A	Cover Page	21/11/2013
DA-A:03	A	Basement 1 Plan	21/11/2013
DA-A:04	A	Ground Floor + Site Plan	21/11/2013
DA-A:05	A	First Floor Plan	21/11/2013
DA-A:06	A	Attic Floor Plan	21/11/2013
DA-A:07	A	Roof Plan	21/11/2013
DA-A:08	A	North Elevations	21/11/2013
DA-A:09	A	South Elevations	21/11/2013
DA-A:10	A	West and East Elevations	21/11/2013
DA-A:11	A	Section A and B	21/11/2013
DA-A:12	A	Section C and D	21/11/2013

Landscape Plan prepared by Vision Dynamics

Plan No.	Issue No.	Plan Title	Dated
13225-D1	A	Landscape Concept Plan	21/11/2013

Stormwater Management Plans prepared by Donovan Associates

Plan No.	Issue No.	Plan Title	Dated
E78637-D1	B	Details, Legends and Notes	20/11/2013
E78637-D2	B	Stormwater Management Plan-Basement	20/11/2013
E78637-D3	B	Stormwater Management Plan-Site/Ground	20/11/2013
E78637-D4	B	Stormwater Details	20/11/2013
E78637-D5	B	Drains Model Calculation	20/11/2013
E78637-D6	B	Sediment Control Plan	20/11/2013
E78637-D7	B	Sediment Control Details	20/11/2013

Supporting Documents

Document Title	Document No.	Prepared by	Dated
Plan Showing Details and Levels	17375-sheet 3	Norton Survey Partners	30/6/2013
Urban Context Analysis	DA-A:01 Issue A	Zhinar Architects	21/11/2013
Site Analysis	DA-A:02 Issue A	Zhinar Architects	21/11/2013
Shadow Diagrams (Winter)	DA-A:13 Issue A	Zhinar Architects	21/11/2013
Shadow Diagrams (Summer)	DA-A:14 Issue A	Zhinar Architects	21/11/2013
Shadow Diagrams (Summer)	DA-A:15 Issue A	Zhinar Architects	21/11/2013
Perspectives	DA-A:17 Issue A	Zhinar Architects	21/11/2013
Photomontage		Zhinar Architects	Received 21/11/2013
Statement of Environmental Effects		Planning Direction Pty Ltd	November 2013
Waste Management Plan		RCE Pty Ltd	Received 21/11/2013
Electricity Consumption details		Viscona Pty Ltd	9/11/2013
BASIX Certificate	514304M	Building and Energy Consultants Australia	20/11/2013
Assessor Certificate (Thermal Performance)	14560319	Building and Energy Consultants Australia	20/11/2013
Arboricultural Impact Assessment	8128	Redgum Arboriculture and Horticulture Consultants	18/11/2013
Colour Schedule		Zhinar Architects	21/11/2013
Traffic and Parking Assessment Report	13647	Varga Traffic Planning Pty Ltd	19/11/2013

2. Removal of Existing Trees

This development consent only permits the removal of tree numbered 1 as identified in the provided “Arboricultural Impact Assessment Report” prepared by Red Gum Arboriculture and Horticultural Consultants dated 7/5/2013. The removal of any other trees requires separate approval in accordance with the Tree and Vegetation Chapter 1B.6 Hornsby Development Control Plan 2013(HDCP).

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. Section 94 Development Contributions

Description	Contribution (4)
Roads	$9,854.05
Open Space and Recreation	$112,206.15
Community Facilities	$15,732.55
Plan Preparation and Administration	$426.60
TOTAL	$138,219.35

being for 1 x 1 bedroom unit, 3 x 2 bedroom units, 3 x 3 bedroom units and 2 x 4 bedroom units in lieu of one existing dwelling-house.

$C_{PY =}$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.

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)

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.

7. Notification of Home Building Act, 1989 Requirements

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

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

b) The name and licence number of the principal contractor; and

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

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

e) The name of the owner-builder; and

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

8. 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.

9. Dilapidation Report

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

10. Car Parking and Deliveries

All car parking 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 and the following requirements:

a) All parking/loading/unloading 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) All bicycle parking spaces are to be designed in accordance with Australian Standard 2890.3-1993 – Bicycle parking facilities, RTA (2005) NSW Bicycle Guidelines, Austroads (2008) Guide to Traffic management – Part 11: Parking.

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

g) 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.

Note: These works are to be completed and the car parking facilities constructed prior to the issue of an occupation certificate in accordance with the above requirements.

11. Waste Management Details

The following detail is to be submitted with the Construction Certificate Plans:

a) An area of at least 8 square metres within 6 metres of the road boundary and next to the driveway must be allocated for residents to place unwanted bulky items awaiting removal.

Note: This area need not be concreted or paved – a grassed area is acceptable. Bulky items must not be placed on the verge as this causes many problems including illegal dumping.

12. Stormwater Drainage

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

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 Council system).

c) Be designed by a qualified Hydraulic Engineer.

Note: These works are to be completed prior to the issue of an occupation certificate.

13. 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.

Note: These works are to be completed prior to the issue of an occupation certificate.

14. 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;

Note: These works are to be completed prior to the issue of an occupation certificate.

15. Vehicular Crossing

A separate application under the Local Government Act, 1993 and the Roads Act, 1993 must be submitted to Council for the installation of a new vehicular crossing and the removal of the redundant crossing. The vehicular crossing must be constructed in accordance with Council’s Civil Works Design, 2005 and the following requirements:

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

b) The footway area must be restored by turfing if not concreted at present;

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

Note 2: These works are to be completed prior to the issue of an occupation certificate.

16. 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.

17. Road Works

All road works approved under this consent must be designed and constructed in accordance with Council’s Civil Works Design and Construction Specification, 2005 and the following requirements:

a) The existing footpath, kerb and gutter along the frontage of the development are to be replaced. The existing road pavement to be saw cut a minimum of 300 mm from the existing edge of the bitumen and reconstructed.

b) Details submitted with the Construction Certificate Plans to council for approval.

Note 1: Council is the only authority to approve works within Council roads.

Note 2: These works are to be completed prior to the issue of an occupation certificate.

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

18. Erection of Construction Sign

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

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

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

19. Protection of Adjoining Areas

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

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

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

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

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

20. Toilet Facilities

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

b) 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.

21. 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.

22. Tree Protection Barriers

a) Tree protection fencing must be erected around trees numbered 2, 3, 4 as per recommendations in “Arboricultural impact assessment report - section 7 item 7.1” dated 7/05/2013 and to be retained at a 4 metre setback. The tree fencing must be constructed of 1.8 metre ‘cyclone chainmesh fence’ or star pickets spaced at 2 metre intervals, connected by a continuous high-visibility barrier/hazard mesh at a height of 1 metre.

b) To avoid injury or damage, trees numbered 2, 3, 4 must have trunks protected by 2 metre lengths of 75mm x 25mm hardwood timbers spaced at 80mm secured with galvanised wire (not fixed or nailed to the tree in any way.

REQUIREMENTS DURING CONSTRUCTION

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;

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

25. 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.

26. Street Sweeping

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

27. Works Near Trees

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

b) 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).

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.

28. Council Property

29. Disturbance of Existing Site

30. 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.

31. Excavated Material

32. Survey Report – Finished Floor Level

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

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

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

33. Contamination During Construction Works

34. Construction Noise Management

The construction works must be undertaken in accordance with the “Interim Construction Noise Guidelines – 2009” published by Department of Environment and Climate Change NSW.

35. 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.

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. Fulfilment of BASIX Commitments

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

37. Sydney Water – s73 Certificate

An s73 Certificate must be obtained from Sydney Water.

38. Damage to Council Assets

39. 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.

40. 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.

41. Landscaping of Site

The landscaping of the site must be carried out in accordance with the approved Landscape Plan and the following requirements:

b) To maintain canopy cover, five medium to large trees, selected from Council’s booklet ‘Indigenous Plants for the Bushland Shire’ such as Angophora costata, Eucalyptus saligna, Eucalyptus pilularis are to be planted on the subject site;

c) The above trees required to be planted in Condition 41(b), must reach a mature height greater than 20m;

d) Plantings must be appropriately spaced and placed outside the drip-line of existing trees and located at a distance greater than 4m from the foundation walls of a dwelling or in-ground pool;

e) The pot sizes are to be a minimum 25 litres and the trees must be maintained until they reach the height of 3m;

g) All previous areas of the site and the road reserve adjoining the site must be appropriately landscaped with suitable (preferably indigenous) turf, trees and shrubs to complement the development and prevent erosion of soil.

Note 2: Advice on suitable species for landscaping can be obtained from Council’s planting guide ‘Indigenous Plants for the Bushland Shire’, available at www.hornsby.nsw.gov.au.

42. Retaining Walls

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

43. Boundary Fencing

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

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

44. Installation of Privacy Devices

All approved privacy devices, under this development consent, must be erected and be in place.

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. Works as Executed Plan

A works-as-executed plan must be prepared by a registered surveyor and submitted to Council for completed road pavement, kerb & gutter, overland flowpath, drainage systems, driveways and on-site detention system.

48. Waste Management Details

The following waste management requirements must be complied with:

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

c) 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.

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

e) All waste was taken to site(s) that were lawfully permitted to accept that waste.

f) 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.

g) Space must be provided for 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.

h) The bin carting route must be devoid of any step.

Note: Ramps between different levels are acceptable

49. Construction of a Safe Environment

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

a) An intercom system be installed at the entrance to the basement and gate locations for individual units to ensure screening of persons entering the units;

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

c) The communal open space areas are to be illuminated with high luminance by motion sensor lighting;

d) The garbage room at the basement be illuminated with high luminance by motion sensor lighting;

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

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

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

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

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

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

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

l) Security deadlocks are to be provided to each unit door.

OPERATIONAL CONDITIONS

50. Visitor Access

Visitors are to have access to the parking area at all times controlled by an audio/visual intercom system.

51. Waste Storage and Management

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

a) A site caretaker must be employed and be responsible for washing bins and maintaining the waste storage area, managing the communal composting area, managing the bulky item storage area, arranging the prompt removal of dumped rubbish, and ensuring all residents are informed of the use of the waste management system.

52. Landscape Establishment

53. Noise

54. Fire Safety Statement - Annual

- 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 and Vegetation Preservation

Note: A tree is defined as a long lived, woody perennial plant with one or relatively few main stems with the potential to grow to a height greater than three metres (3M). (HDCP 1B.6.1.c).

Tree protection measures and distances are determined using the Australian Standard AS 4970:2009, “Protection of Trees on Development Sites”.

Fines may be imposed for non-compliance with both the Hornsby Local Environmental Plan 2013 and the Hornsby Development Control Plan 2013.

Disability Discrimination Act

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.

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.

· 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)

Asbestos Warning

www.environment.nsw.gov.au

www.nsw.gov.au/fibro

www.adfa.org.au

www.workcover.nsw.gov.au

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

House Numbering

Group Manager’s Report No. PL24/14

Planning Division

Date of Meeting: 9/04/2014

6 DEVELOPMENT APPLICATION - DWELLING-HOUSE - 88 MALTON ROAD, BEECROFT

EXECUTIVE SUMMARY

DA No:	DA/924/2013 (Lodged 10 September 2013)
Description:	Demolition of an existing dwelling-house and erection of a dwelling-house
Property:	Lot 41, DP 714483, No. 88 Malton Road, Beecroft
Applicant:	P S Graham & Associates
Owners:	Mr Mohammed Oboodi-Mehr and Mrs Samiheh Oboodi-Mehr
Estimated Value:	$435,000
Ward:	C

· The application is for demolition of an existing dwelling-house and erection of a dwelling-house.

· The proposed development would necessitate the removal of a significant Angophora costata (Smooth-barked Apple) located in the northern portion of the subject site and is not considered acceptable having regard to the matters for consideration pursuant to Section 79C of the Environmental Planning and Assessment Act, 1979.

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

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

· It is recommended that the application be refused.

RECOMMENDATION

THAT Development Application No. DA/924/2013 for demolition of an existing dwelling-house and erection of a dwelling-house at Lot, 41 DP 714483, No. 88 Malton Road, Beecroft be refused for the reasons detailed in Schedule 1 of Group Manager’s Report No. PL24/14.

BACKGROUND

On 2 December 2013, the applicant submitted amended plans, to reduce the encroachment of the dwelling-house into the tree protection zone of a tree located on the adjoining property at No. 86 Malton Road. The amended plans were accompanied by an arboricultural impact assessment.

On 31 January 2013, the applicant submitted a petition with 119 signatures in support of the application.

SITE

The site has an area of 3,777m² and is located on the south-western side of Malton Road, Beecroft. The site has an average fall of 18% from the north-eastern, front boundary to the south-western, rear boundary and contains a single storey dwelling-house, swimming pool and a detached garage.

The site is identified as being located on bushfire prone land, is within the Beecroft/Cheltenham Heritage Conservation Area under the provisions of Schedule E (Heritage Conservation Areas) of the Hornsby Shire Local Environmental Plan (HSLEP) 1994 and is within the vicinity of street trees and bushland located on Malton Road which are listed as heritage items of local significance under the provisions of Schedule D of the HSLEP.

The site benefits from a right of carriageway over the south-eastern boundary of the adjoining lot at No. 90 Malton Road and is burdened by an easement for sewage purposes along the south-eastern boundary.

The site is mapped as containing remnant trees from the Blackbutt Gully Forest and there is a significant Angophora costata (Smooth-barked Apple) located in the centre of the northern portion of the site.

A small area in the southern portion of the site is identified as being prone to flooding associated with the overland flow path of a natural watercourse which traverses across the adjoining properties to the south.

PROPOSAL

The application proposes the demolition of a dwelling-house and erection of a two-storey dwelling-house.

The ground floor level of the dwelling-house would comprise a porch, double garage, formal living, formal dining, study/guest bedroom, powder room, laundry, kitchen, scullery, family room, verandah, recreation room and a sit out. The first floor level would comprise four bedrooms, two ensuites, four walk-in-robes and a bathroom.

The application would also include the construction of a driveway and a retaining wall, the installation of an air-conditioning unit and a 5,000 litre rainwater tank and the removal of an Angophora costata (Smooth-barked Apple) to accommodate the building envelope as part of the development. The existing swimming pool and detached garage would be retained.

ASSESSMENT

The development application has been assessed having regard to the ‘Metropolitan Plan for Sydney 2031’, the ‘North Subregion (Draft) Subregional Strategy’ and the matters for consideration prescribed under Section 79C of the Environmental Planning and Assessment Act, 1979 (the Act). The following issues have been identified for further consideration.

1. STRATEGIC CONTEXT

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

The North Subregion comprises Hornsby, Kuring-Gai, Manly, Warringah and Pittwater Local Government Areas. The Draft North Subregional Strategy provided a framework for Council in its preparation of the Hornsby Shire Local Environmental Plan 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 renewed housing stock for a growing population.

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 (Low Density – Sensitive Lands) zone are:

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

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

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

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

Clause 15 of the HSLEP prescribes that the maximum floor space ratio (FSR) of development within the Residential AS (Low Density – Sensitive Lands) zone is 0.4:1. The proposed development would result in a FSR of 0.09:1 which complies with the development standard.

Clause 18 of the HSLEP sets out heritage conservation provisions for Hornsby Shire. The subject site is located within the Beecroft/Cheltenham Heritage Conservation Area under the provisions of Schedule E (Heritage Conservation Areas) of the HSLEP and is within the vicinity of street trees and bushland located on Malton Road which are listed as heritage items of local significance under the provisions of Schedule D of the HSLEP. The heritage implications of the proposal are addressed under Section 2.7 of this report.

2.2 Hornsby Local Environmental Plan 2013

The Hornsby Local Environmental Plan 2013 (HLEP) 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.

Under the HLEP, the subject land is zoned R2 – Low Density Residential and “dwelling houses” are permissible within the zone with Council’s consent.

Under the HLEP, a maximum building height of 8.5 metres would apply to the site as shown on Council’s “Height of Building Map”. The proposed dwelling house would have a maximum height of 8.9 metres, and would not comply with the development standard.

Notwithstanding this non-compliance, the portion of the dwelling-house which would exceed the height development standard is limited to a small section of the roof and would not detract from the streetscape character.

2.3 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. The Policy identifies types of development that are of minimal environmental impact that may be carried out without the need for development consent and types of complying development (including dwelling-houses) that may be carried out in accordance with a complying development certificate.

The proposed dwelling-house may not be undertaken as complying development, as the subject site is within a heritage conservation area and the dwelling would require the removal of a significant tree. Notwithstanding, 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)	20.125m	12m	Yes
Site Coverage	8%	30%	Yes
Maximum Floor Area	347.2m²	430m²	Yes
Maximum Building Height	8.9m	8.5m	No
Front Setback	11m	12.3m	No
Side Setback (north-west)	Ground floor: 1.5m First floor: 2.94m	Ground floor: 1.5m First floor: 1.78m	Yes
Side Setback (south-east)	Ground floor: 5m First floor: 6.54	Ground floor: 1.5m First floor: 2.09m	Yes
Rear Setback	Ground floor: 82.9m First Floor: 91.6m	Ground floor: 10m First Floor: 15m	Yes
Landscaping	90%	45%	Yes
Private Open Space	3,205m²	24m²	Yes

As addressed above, the proposal complies with the requirements of the NSW Housing Code except for the building height and front boundary setback.

The proposal generally complies with the relevant requirements of the Dwelling House DCP (as outlined in Section 2.9) and is acceptable in these respects.

2.4 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004

State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004, aims to provide regulations for certain kinds of residential developments to include commitments in their design to reduce water and electricity use. As the cost of works for the dwelling-house are over $50,000, the applicant was required to obtain a BASIX certificate which has been submitted with the application and is assessed as satisfying SEPP BASIX.

2.5 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005

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

Subject to sediment and erosion control measures being implemented, the development would have minimal potential to impact on the Sydney Harbour Catchment.

2.6 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. Should the land be contaminated, Council must be satisfied that the land is suitable for the proposed use. If the land requires remediation to be undertaken to make the land suitable for the proposed use, Council must be satisfied that the land will be remediated before the land is used for that purpose.

The site history indicates the area has been used for low density residential purposes and before that it was densely vegetated. Accordingly, it is unlikely that the site would have experienced contamination and further assessment under SEPP 55 is not required.

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

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

2.8 Hornsby Development Control Plan 2013

The Hornsby Development Control Plan (HDCP) 2013 came into effect on 11 October 2013, applies to all land within Hornsby Shire and has replaced all of Council’s previous DCPs. The following sections of this report include an assessment of the proposal against Council’s previous DCP controls. Although the HDCP was not in force at the time of lodgement of this application, the proposal has been assessed against the Plan.

The HDCP is generally a translation of Council’s previous DCPs into a consolidated plan. When assessed against the HDCP, the proposed development would comply with all elements except setbacks, privacy and height.

The first floor level balcony would not comply with the prescriptive measures of Section 3.1.6 Privacy 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”. The proposed balcony would serve a bedroom and would have a negligible privacy impact as it is orientated towards the front of the site and would overlook the street and front yards of adjoining properties only. Furthermore, given the balcony serves a bedroom, it is considered that it would have low usage for entertaining purposes.

The HDCP prescribes 8.5 metres as the maximum building height. The proposed development would result in a building height of 8.9 metres and would not comply with this prescriptive measure. Notwithstanding this, the height of the proposal would be consistent with surrounding development in terms of height, bulk and scale. Furthermore, the proposed development would not create solar access issues or privacy impacts in relation to adjoining properties. The design of the proposed dwelling would be compatible with the existing streetscape.

The Natural Environment element of the HDCP states that “development should seek to retain unique environmental features of the site including… groups of significant trees and vegetation and mature hollow trees and other fauna habitat features on the site”. The removal of the Angophora costata (Smooth-barked Apple) to accommodate the dwelling would not be in accordance with this prescriptive measure and would have a detrimental impact on the natural environment.

The proposal would not meet the desired outcomes of the HDCP and is not 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 (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	0.09:1	0.4:1	Yes
Site cover	8%	40%	Yes
Setbacks
Front	11m	6m	Yes
Side (north-western)	1.5m	1m	Yes
Side (south-eastern)	5m	1m	Yes
Rear	82.9m	3m	Yes
Height	8.9m	<9m	Yes
Unbroken Wall length	14.7m	10m	No
Building length	27m	24m	No
Cut and fill	900mm	1m	Yes
Private Open Space	3,205m²	120m²	Yes
Landscaped area	90%	45%	Yes
Car Parking
No. of spaces	2 spaces	2 spaces	Yes
Garage size	6.1m x 6.0m	5.7m x 5.5m	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 building length and unbroken wall length prescriptive requirements within Council’s Dwelling House DCP. These matters of non-compliance are detailed below, as well as a brief discussion on compliance with relevant performance requirements.

2.9.1 Design

The proposed 14.7 metre south-eastern ground floor level wall length, 13.5 metre north-western first floor level wall length and 27.9 metre overall building length do not comply with the prescriptive measures of the Design element which states that wall lengths should not exceed 10 metres without a physical “break” and that the overall building length should not exceed 24 metres.

Notwithstanding these non-compliances, the proposed dwelling-house design would not have a significant detrimental impact on adjoining properties or the streetscape as the variation of roof lines and fenestration provide appropriate articulation and avoid a monotonous and symmetrical design.

Matters relating to the impacts of the proposed development on the streetscape and heritage conservation area are addressed below under Section 2.10.

2.9.2 Privacy

The proposed first floor level balcony 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. Notwithstanding this, as addressed above, the proposed balcony is anticipated to have a low usage given it serves a bedroom and would be orientated towards the street. Any views would be towards the street and front yards of adjoining properties only.

The proposal meets the objectives of the Privacy element.

2.9.3 Solar Access

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

The shadow diagrams submitted by the applicant indicate that the shadows cast by the proposed development would comply with these prescriptive measures.

The proposed development would meet the objectives of the Solar Access element.

2.10 Heritage Development Control Plan

The site is located within the Beecroft/Cheltenham Heritage Conservation Area under the provisions of Schedule E (Heritage Conservation Areas) of the HSLEP and is within the vicinity of street trees and bushland located on Malton Road which are listed as heritage items of local significance under the provisions of Schedule D of the HSLEP. The application was considered at the Heritage Advisory Committee (HAC) meeting on 20 November 2013.

The Committee noted that the Statement of Significance for the Beecroft/Cheltenham Heritage Conservation Area under the Heritage DCP states that “the bushland within and surrounding the area contains healthy gully communities of Blackbutt, Smooth-Barked Apple, Turpentine, Tall-Open Forest communities” and that “the dominant character of the area is derived from the tall tree canopy of pockets of remnant and regeneration forests in reserves and generous gardens and their close relationship with the landform and the pattern of roads and buildings within the landscape”.

The existing dwelling-house was constructed circa 1970s and is not directly visible from Malton Road. The dwelling is not contributory to the existing character of the Conservation Area and its demolition would not have an adverse impact on the heritage significance of the area.

The proposed dwelling-house is of a modern design and is considered to be complementary to the surrounding modern developments in regards to height, bulk, scale, setbacks, roof form, orientation and façade treatment.

However, the property is located within The Gullies Precinct of the Beecroft/Cheltenham Heritage Conservation Area which is significant for its remnant re-growth forest communities and location adjacent to critically endangered and rare canopy native trees.

The proposed siting of the house would require the removal of a significant and healthy Angophora costata (Smooth-barked Apple). This tree is protected by virtue of its heritage status and the Tree and Vegetation Preservation policy included in Council’s Tree Preservation Order. Removal of the tree would detract from the landscape quality of the Heritage Conservation Area.

As the existing dwelling-house demonstrates, there is sufficient area elsewhere on the site to accommodate a dwelling-house without requiring the removal of this tree and, as a result, the proposal is considered to have an unacceptable heritage impact and is not supported.

3. ENVIRONMENTAL IMPACTS

3.1 Natural Environment

The proposed development would necessitate the removal of a large Angophora costata (Smooth-barked Apple) located in the centre of the northern portion of the site and would be within close proximity to a Eucalyptus piperita (Sydney Peppermint) located on the adjoining property at No. 86 Malton Road.

There is suitable space elsewhere on the site to erect a dwelling-house without requiring the removal of the Angophora costata as well as being located further away from the Eucalyptus piperita located on the adjoining property. As the proposed development is for the replacement of an existing dwelling-house, the proposed development is not supported due to its impact on significant trees.

The applicant’s initial Arborist’s report acknowledged that the tree is in good health and vigour. An amended arboricultural impact assessment report was submitted stating that the tree has been subject to significant attacks by longicorn beetle larvae, is vulnerable to having large limbs fall in the near future and is in an overall declining health.

Council’s assessment of the Angophora costata is that it is considered to be significant, healthy and worthy of retention. The tree is considered to have good health and vigour, displays good tip growth in the upper canopy and good resilience in the lower canopy with healthy production of kino and reaction wood. It displays no live limb loss or branch sag, only 1% dead wood and no increase in longicorn beetle activity.

Removal of the tree would reduce the available habitat for endangered fauna known from the area, including Powerful Owls, Gang-gang Cockatoos, and Micro Chiropteran bats, as it forms part of a stepping stone to the Byles Creek wildlife corridor.

The location of the dwelling-house would be within four metres of the Eucalyptus piperita located on the adjoining property at No. 86 Malton Road requiring excavation within its tree protection zone (TPZ), representing a major encroachment (21%) into the TPZ and being likely to cause a detrimental impact on the health and longevity of the tree.

Therefore the proposal, in its current form, is not supported. This impact could be avoided by locating the house in another area on this large parcel of land.

3.2 Built Environment

The proposed dwelling-house would not have a detrimental impact on the built environment in the surrounding area. However, the location of the dwelling would impact on significant trees. The existing dwelling-house on the site demonstrates that a dwelling can be located on the site without impacting on the trees.

It is acknowledged that the subject site is a large property and may have further subdivision potential. Should an application for subdivision be received in the future, it would be appropriate to re-evaluate the reasonable expectations for development of the site to provide additional housing opportunities and objectives for tree retention on the site at that time.

3.3 Social Impacts

The proposed development would not have a detrimental social impact on the surrounding area.

3.4 Economic Impacts

The proposal would have a neutral impact on the local economy as it involves the replacement of an existing dwelling-house with a new dwelling.

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 within the 1:100 year flood level. The proposed development would be located over 75 metres from the overland flow path and is unlikely to be subject to flooding.

4.2 Bushfire Risk

The subject site is identified as being located on bushfire prone land. The application was referred to the NSW Rural Fire Service for comment. No objections were raised, subject to conditions of consent relating to the implementation of an asset protection zone and that the construction complies with the relevant sections of Australian Standard AS3959-2009 “Construction of buildings on bushfire prone-areas”.

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 September 2013 and 16 October 2013 in accordance with Council’s Notification and Exhibition Development Control Plan. During this period, Council received eleven submissions. The applicant has also submitted a petition with 119 signatures in support of the proposed development. 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

Submissions were also received from the Beecroft Cheltenham Civil Trust and Birdlife Australia

Eleven submissions objected to the development, generally on the following grounds:

5.1.1 Impact on Native Flora and Fauna

The matters relating to the impacts on native flora and fauna have been addressed above under Section 3.1.

5.1.2 Privacy

Submissions raise concerns regarding privacy impacts from the proposed first floor level windows and ground floor level sit out. These windows would serve bedrooms and bathrooms only which are considered to be non-active rooms and accordingly, would result in negligible privacy impacts.

The proposed sit out would also create negligible privacy impacts as it would be located on the ground floor level and would not be elevated above the existing natural ground level. Any privacy impacts would be mitigated by boundary fencing.

5.1.3 Acoustics

Submissions raise concerns with regards to acoustic impacts from the existing swimming pool and proposed ground floor level sit out. The swimming pool would not have any additional acoustic impacts as no works are proposed to modify its location or size.

The proposed sit out would create negligible acoustic impacts and it should be expected that residents can enjoy outdoor dining and entertainment in the low density residential zone.

5.1.4 Stability of Driveway on Adjoining Property

Submissions have been received in regards to an impact on the structural integrity of the adjoining accessway which serves Nos. 86, 86A, 86B and 86C Malton Road. The applicant has included the provision of a retaining wall along the north-western boundary where excavation is proposed. Details of the retaining wall would be included in the application for a construction certificate and a dilapidation report would be required to be prepared if the development is approved.

5.1.5 Retention of Access to Rear

A submission raises concerns over the indication on the plans to retain access to the rear of the site and potential impacts to the adjoining property to the south-east.

No works are proposed to be undertaken in this area and the proposed development would not have any structural impacts to the adjoining property to the south-east.

5.1.6 Dividing Fences

Submissions have been received in regards to future dividing fences and an error on the submitted plans indicating that there are existing dividing fences between the subject site and adjoining properties.

The error in the plans is not considered to have a significant influence on the assessment of the development and the construction of dividing fences between the subject properties would be a matter for negotiation between the respective property owners under the Dividing Fences Act, 1991.

5.1.7 Notification of Development Application

A submission has been received raising concerns that a yellow sign was not erected during the notification period.

As the application was lodged prior to the gazettal of the Hornsby Local Environmental Plan and Hornsby Development Control Plan, the application was notified in accordance with the Notification and Exhibition Development Control Plan which does not require the erection of a sign for dwelling-house applications.

5.1.8 Potential Future Subdivision

Submissions raise concerns over a potential future subdivision of the subject site. Subdivision is permissible development with the consent of Council within the R2 – Low Density Residential zone. However, the proposed development does not include subdivision of the site and these matters would be addressed if an application for subdivision was lodged in the future.

5.1.9 Previous Unauthorised Removal of Trees

Submissions have been received in regards to the alleged unauthorised removal of trees from the rear of the subject site. This matter is currently being investigated by Council and is a separate issue to this development application.

5.1.10 Demolition of Hazardous Materials

Submissions raise concerns regarding the demolition of the existing dwelling-house and the removal of hazardous materials such as asbestos. Should the application be approved, appropriate conditions would be recommended ensuring that any hazardous materials are removed safely. Proponents are required to engage a contractor holding an asbestos-handling permit (issued by WorkCover NSW) to remove any asbestos material.

5.1.11 Bushfire Risks

Submissions raise concerns over the bushfire risks associated with the development. The application was referred to the NSW Rural Fire Service for comment. No objections were raised subject to recommended conditions of consent relating to the creation of asset protection zones and that the dwelling be constructed in accordance with Australian Standard AS3959-2009 “Construction of buildings on bushfire prone-areas”.

5.1.12 Parking of Construction Vehicles

A submission has been received in regards to the parking of vehicles during the construction of a dwelling-house. Should the application be approved, a condition would be imposed requiring construction materials and vehicles to be contained within the boundaries of the subject site. It may be necessary that vehicles need to park on the public reserve to unload materials and collect waste if suitable access to the site is not achievable. However, in these circumstances it would necessary that the vehicles be constantly attended and that they not obstruct access to surrounding residences.

6. THE PUBLIC INTEREST

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

The application is not considered to have satisfactorily addressed Council’s and relevant agencies’ criteria and would provide a development outcome that, on balance, would result in a negative impact for the community due to the removal of a significant tree. Accordingly, it is considered that the approval of the proposed development would not be in the public interest.

CONCLUSION

The application proposes the demolition of a dwelling-house and the erection of a dwelling-house.

The development would necessitate the removal of a significant tree from the site and is not considered acceptable having regard to the matters for consideration pursuant to Section 79C of the Environmental Planning and Assessment Act, 1979.

Council received eleven submissions during the public notification period. The issues raised have been addressed in the body of this report.

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

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

Rod Pickles

Manager - Development Assessment

Planning Division

James Farrington

Group Manager

Planning Division

Attachments:

1.View	Locality Map
2.View	Amended Floor Plans
3.View	Amended Plans Architectural
4.View	Tree Location Plan

File Reference: DA/924/2013

Document Number: D02859258

SCHEDULE 1

1. The proposal is unsatisfactory in respect to Section 79C(1)(a)(i) of the Environmental Planning and Assessment Act, 1979 as the development does not comply with Clause 2 aims and objectives of the plan of the Hornsby Shire Local Environmental Plan 1994 which aims to protect and enhance the environmental qualities of the area.

2. The proposal is unsatisfactory in respect to Section 79C(1)(a)(iii) of the Environmental Planning and Assessment Act, 1979 as the development does not meet the objectives of the Design and Environmental Protection elements of the Dwelling House Development Control Plan.

3. The proposal is unsatisfactory in respect to Section 79C(1)(a)(iii) of the Environmental Planning and Assessment Act, 1979 as the development would have a detrimental impact on the significance of the Beecroft/Cheltenham Heritage Conservation Area and does not meet the objectives of the Heritage Development Control Plan.

4. The proposal is unsatisfactory in respect to Section 79C(1)(e) of the Environmental Planning and Assessment Act, 1979 as the detrimental impact on the natural environment is not in the public interest.

- END OF REASONS FOR REFUSAL -

Group Manager’s Report No. PL25/14

Planning Division

Date of Meeting: 9/04/2014

7 DEVELOPMENT APPLICATION - ALTERATIONS AND ADDITIONS TO A DWELLING-HOUSE - 139 COPELAND ROAD, BEECROFT

EXECUTIVE SUMMARY

DA No:	DA/1449/2013 (Lodged 27 December 2013)
Description:	Alterations and additions to an existing dwelling including the construction of a new garage
Property:	Lot 4, DP 529564, No. 139 Copeland Road, Beecroft
Applicant:	Mr Michael Anthony Fornari and Mrs Janette Francis Fornari
Owner:	Mr Michael Anthony Fornari and Mrs Janette Francis Fornari
Estimated Value:	$200,000
Ward:	C

· The application proposes alterations and additions to an existing dwelling including the construction of a new garage.

· The proposal does not comply with the requirements of the Hornsby Development Control Plan 2013 in regards to heritage impacts within a heritage conservation area.

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

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

· It is recommended that the application be refused.

RECOMMENDATION

THAT Development Application No. DA/1449/2013 for alterations and additions to an existing dwelling including the construction of a new garage at Lot 4, DP 529564, No. 139 Copeland Road, Beecroft be refused for the reasons detailed in Schedule 1 of Group Manager’s Report No. PL25/14.

BACKGROUND

On 21 October 2013, pre-lodgement advice was given in regard to a proposal for alterations and additions to a dwelling house including a freestanding double garage on the subject site. The pre-lodgement advice was that the proposed double garage within the front setback of the site would have detrimental heritage impacts on the streetscape character and the proposed side addition would prevent access to the existing carparking at the rear of the site. It was recommended that prior to the submission of a development application, the proposal be revised to meet the objectives of Part 9 –Heritage of the Hornsby Development Control Plan 2013.

On 27 December 2013, DA/1449/2013 was lodged which is the subject of this application.

On 19 February 2014, Council wrote to the applicant requesting a re-design of the proposal as a result of the recommendations from the Heritage Advisory Committee.

On 28 February 2014, an onsite meeting took place between members of Council’s Planning Division, the applicant and his architect. The purpose of the meeting was to discuss the proposal and alternative options to provide off street parking on the site.

On 5 March 2014, Council wrote to the applicant advising that based on the onsite discussion and the applicant’s preference to have the garage in the front yard of the property, amending the proposed location of the garage adjacent to the western side boundary with the garage door and driveway facing east would have the least impact on the dwelling house.

On 12 March 2014, the applicant advised that he would like the application determined as submitted and have the application proceed to a Council meeting.

SITE

The 1,018m² property is located on the northern side of Copeland Road, Beecroft and contains a Federation era dwelling-house surrounded by well-established gardens and landscaped areas.

The site is not flood prone and is not burdened or benefitted by any easements, covenants or rights-of-carriageway.

The rear, north-eastern corner is designated as bushfire prone land.

The site is located within the Beecroft/Cheltenham Heritage Conservation Area and is in the vicinity of numerous heritage-listed properties including “Chetwynd” at No. 138 Copeland Road as listed in Schedule 5 of the Hornsby Local Environmental Plan 2013.

PROPOSAL

The application proposes alterations and additions to the existing dwelling comprising:

· Demolition of the single garage at the rear of the site;

· Addition of an en-suite and robe off the main bedroom;

· A deck with basement storage at the rear of the site;

· A free-standing double garage within the front setback of the site; and

· Removal of two trees.

ASSESSMENT

The development application has been assessed having regard to the ‘Metropolitan Plan for Sydney 2031’, the ‘North Subregion (Draft) Subregional Strategy’ and the matters for consideration prescribed under Section 79C of the Environmental Planning and Assessment Act 1979 (the Act). The following issues have been identified for further consideration.

1. STRATEGIC CONTEXT

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

Within the North Subregion, the Draft Metropolitan Strategy proposes:

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

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

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

The proposed development would be consistent with the Metropolitan Plan for Sydney 2031 as it would provide renewed housing stock to address the demands of a growing population.

2. STATUTORY CONTROLS

2.1 Hornsby Local Environmental Plan 2013

The subject land is zoned R2 Low Density Residential under the Hornsby Local Environmental Plan 2013 (HLEP). The objectives of the R2 zone are:

(a) to provide for the housing needs of the community within a low density residential environment.

(b) to enable other land uses that provide facilities or services to meet the day to day needs of residents.

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

Clause 4.3 of the HLEP prescribes a maximum building height of 8.5 metres. The proposed alterations and additions would have a maximum building height of 4.3 metres which complies with this requirement.

Clause 5 of the HLEP sets out heritage conservation provisions for Hornsby Shire. The site is located within the Beecroft/Cheltenham Heritage Conservation Area and is in the vicinity of numerous heritage-listed properties including “Chetwynd” at No. 38 Copeland Road which is listed as an item of local significance in Schedule 5 of the HLEP. A detailed discussion of the heritage impacts of the proposal is addressed in section 2.5.3 of this report.

2.2 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. A178571 for the alterations and additions to a dwelling house and is considered to be satisfactory with respect to SEPP BASIX.

2.3 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005

The site is located within the catchment of Sydney Harbour. 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.

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

2.5 Hornsby Development Control Plan 2013

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

Hornsby Development Control Plan
Control	Proposal	Requirement	Compliance
Height	4.3m	8.5m	Yes
Site Coverage	32.6%	40%	Yes
Floor Area	332m²	430m²	Yes
Setbacks
Front	7.6m	6m	Yes
Side (east)	0.9m	0.9m	Yes
Side (west)	1.8m (no change to existing)	0.9m	Yes
Rear	1.5m	3m	No
Landscaping	56%	40%	Yes
Open Space	130m²	24m²	Yes
Vehicle Access & Parking	2 spaces forward of building line	2 spaces behind building line	No

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

2.5.1 Setbacks

The desired outcomes of the setback element requires, “setbacks that are compatible with adjacent development and complement the streetscape” and “setbacks that allow for canopy trees to be retained along the front and rear property boundaries”.

The proposed 1.5 metre setback to the rear deck addition does not comply with the prescriptive measure for rear setbacks. However, as the rear boundary is splayed to the north-west the non-compliance is considered to have minimal impacts. The 13.93 metre splayed portion of the rear boundary is screened by mature plantings and the north-western portion of the deck would be enclosed, providing increased privacy for the owners and adjoining property owners.

The proposal meets the objectives of 3.1.2 – Setbacks of the HDCP.

2.5.2 Car Parking

The desired outcome of the vehicle access and parking element is “development that provides sufficient and convenient parking for residents with vehicular access that is simple, safe and direct”.

The proposed double garage within the front setback does not comply with the prescriptive measures of Section 3.1.7 of the HDCP which requires car parking to be provided behind the building line.

Section 1.C.2.1 of the HDCP requires dwelling houses with three or more bedrooms to provide 2 car parking spaces. There is adequate space for two vehicles to be parked down on the eastern side of the dwelling house, with an existing single garage providing covered parking for one car.

The proposed double garage would be setback 7.6m from the front boundary. However, the location of the garage in the front setback of the dwelling would be inconsistent with the established streetscape character of parking located behind the building line or at the rear of the dwelling.

2.5.3 Heritage

The site is located within the Beecroft/Cheltenham Heritage Conservation Area. The property is also located within the immediate vicinity of the heritage listed Federation period house, Chetwynd located at 138 Copeland Road (Item no. 81) and pre-cast concrete Footpath (Item no. 74) identified to be of local heritage significance under provisions of Schedule 5 (Environmental Heritage) of the Hornsby Local Environmental Plan 2013.

The objectives of Clause 5.10 of the Hornsby Local Environment Plan 2013 are:

· to conserve the environmental heritage of Hornsby,

· to conserve the heritage significance of heritage items and heritage conservation areas, including associated fabric, settings and views,

· to conserve archaeological sites,

· to conserve Aboriginal objects and Aboriginal places of heritage significance.

The prescriptive measure 9.3.1.a of the HDCP states that the “development should respect the significant characteristics of the Heritage Conservation Area, as detailed in the applicable Character Statement in this Part”.

The prescriptive measure 9.3.2.b of the HDCP states that:

“garages and carports should not dominate the street elevation or main façade of the building and should be designed to:

· be consistent with the character statements;

· complement the existing dwelling;

· present as secondary to the dwelling;

· avoid double garages visible from the street; and

· preferably compromise open sided carports rather than solid enclosures.”

Two submissions were received from adjoining property owners and a submission was also received from the Beecroft/Cheltenham Civic Trust. The submissions raise concerns with regard to the impact the proposed garage on the subject dwelling-house, adjoining properties, the streetscape and the character of the Conservation Area.

The application was referred to Council’s Heritage Advisory Committee (HAC) for comment. The HAC had no objections to the demolition of the existing garage, or the proposed addition at the rear and pedestrian and driveway gates within the front boundary fence. However, objections were raised to the proposed double garage and side addition on the grounds:

a) The garage would have a detrimental impact on the integrity of the setting of the house and its relationship to the streetscape;

b) The garage obstruct views of a contributory feature that is significant to the character of the house and its contribution to the heritage qualities of the Beecroft/Cheltenham Heritage Conservation Area;

c) The garage is not considered to be a reasonable solution that achieves the objectives of Part 9.3.1 and 9.3.2 of the HDCP 2013; and

d) The single-storey side addition would obstruct the established access for parking at the rear or side of the property.

The HAC was prepared to consider an alternative solution for car parking within the front setback if it was able to achieve the objectives of Part 9.3.1 and 9.3.2 of the HDCP 2013, which would allow the support of the addition on the side of the dwelling. It was also recommended the chimney over the existing fireplace of the main bedroom be retained internally and externally as indicated on the proposed plans if the side addition was supported.

The proposed removal of T3 and T2 and the replanting of T4 was considered by the HAC. The Committee objected to the removal of T3 (Brush Box) being the single advance tree located within the front setback of the property given its contribution to the streetscape. No objections were raised to the removal of T2 or relocation of T4.

T4 is located on Council property and would not be permitted to be relocated as there is no reason for its relocation, T3 is a species indigenous to Hornsby Shire and its removal would not be permitted as the proposed works would not impact upon the tree. Therefore, its removal is unnecessary.

It is understood that the key objectives of the applicant are:

· to a secure double garage;

· remove the existing garage to maximise their private open space; and

· a side addition to increase the internal amenity of the property.

The applicant’s objectives are inconsistent with the heritage provisions of the Hornsby LEP and DCP. The location of the garage would significantly modify and obscure the streetscape presentation of the house and would have a detrimental impact on the heritage values of the Conservation Area.

The front elevation of the dwelling is relatively intact with original architectural elements characteristic of the Federation style, including brick corbelled chimneys, a terracotta tiled roof, a projecting gable with exposed rafters and shingle cladding, narrow timber framed sash windows with leadlight glazing and decorative, chamfered timber posts to the front verandah over the front entrance.

Locating the garage within the front setback of the dwelling house on the eastern side of the site would obscure the line of sight to the existing façade of the dwelling house in particular the gable feature and sash windows at the front of the dwelling. The garage would not present as secondary to the dwelling and would be clearly visible and dominate the streetscape. The structure would compromise the integrity and setting of the streetscape with the predominant location of garages and carports to the rear or side of the dwelling house. The location of the garage would create an undesirable precedent for the HCA. An alternative solution to maximise the rear open space, permit a side addition and provide for double car parking would be a stacked open sided carport over the existing driveway surface or a double garage on the western elevation with the garage door facing east.

The proposal does not meet the desired outcomes of the HDCP and is considered unacceptable.

2.6 Hornsby Section 94A Contributions Plan 2012-2021

The Hornsby Shire Council Section 94A Development Contributions Plan 2012 - 2021 came into force on 5 September 2013. The S94A Plan applies to additions and alterations to residential development, alterations to commercial development, industrial development, residential care facilities, and any other development.

Should Council approve the application, an appropriate condition would be included in any consent granted requiring payment of a development contribution.

3. ENVIRONMENTAL IMPACTS

3.1 Natural Environment

The proposal would involve the removal of two trees and replanting of one tree. This matter has been discussed in Section 2.5.3 of this report.

3.2 Built Environment

The proposal would have a detrimental impact on the built environment and has been discussed in Section 2.5.3 of this report.

3.3 Social Impacts

The proposal would not have any detrimental social impacts.

3.4 Economic Impacts

The proposal would not have any economic impacts.

4. SITE SUITABILITY

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

4.1 Flooding

The site is not located on flood prone land.

4.2 Bushfire Risk

The land is identified as being partially located on bush fire prone land within the north east corner of the site. Although the proposed works are not within this bush fire affected area, the existing garage to be demolished is within the affected area. No referral to the RFS was required. Recommendations within the Bushfire Protection Assessment prepared by Australian Bushfire Protection Planners should be adopted, if consent is granted.

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 January 2014 and 24 January 2014 in accordance with the notification and exhibition requirements of the HDCP. 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
ONE SUBMISSION WAS RECEIVED OUT OF MAP RANGE

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

· Unacceptable impacts on the heritage conservation area;

· Safety issues;

The merits of the heritage impacts matters raised in community submissions have been addressed in the body of this report. The safety issues raised by the adjoining property owner were in relation to the relocation of the pedestrian entrance to the dwelling house and addition of a gate across the driveway and the potential for this to create safety issues for pedestrians. The proposed modifications to the front fence would be designed to match the existing fence style and height and would be considered acceptable on safety grounds.

5.2 Public Agencies

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

6. THE PUBLIC INTEREST

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

The application is not considered to have satisfactorily addressed Council’s criteria and would provide a development outcome that, on balance, would result in a negative impact for the community. Accordingly, it is considered that the refusal of the proposed development would be in the public interest.

CONCLUSION

The application proposes the erection of alterations and additions to a dwelling-house in a style that would be out of character with the surrounding heritage conservation area.

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

Council received 3 submissions during the public notification period. The matters raised have been addressed in the body of the report.

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

Rod Pickles

Manager - Development Assessment

Planning Division

James Farrington

Group Manager

Planning Division

Attachments:

1.View	Locality Map
2.View	Site Plan
3.View	Existing Site, Floor and Elevation Plans
4.View	Floor Plans
5.View	Proposed Site, Roof and Elevation Plan
6.View	Elevations
7.View	Landscape Plan

File Reference: DA/1449/2013

Document Number: D02860465

SCHEDULE 1

REASONS FOR REFUSAL

1. In accordance with Section 79C(1)(a)(i) of the Environmental Planning and Assessment Act, 1979, the proposal does not comply with the desired outcomes and the prescriptive measures of the Hornsby Development Control Plan 2013 Section 9.3.1 – General Design Principles, as the proposal would result in development that does not compliment nor is sympathetic to the existing character of the heritage conservation area and the elements that are significant to that area.

2. Pursuant to Section 79(c)(i)(b) and (e) of the EP&A Act, 1979, approval of the garage would set an undesirable precedent for further inappropriate development and would not be in the public interest.

- END OF REASONS FOR REFUSAL -

Group Manager's Report No. PL26/14

Planning Division

Date of Meeting: 9/04/2014

9 RURAL LANDS PLANNING ISSUES - COMMUNITY CONSULTATION

EXECUTIVE SUMMARY

· The 2013 – 2014 Strategic Planning Program includes a project for community consultation on options for the review of allotment sizes in the Galston and Glenorie areas.

· Council has received numerous representations on other planning issues that affect the rural areas of the Shire, including various issues with Council’s current planning controls.

· It is recommended that Council consult more broadly and conduct a survey of rural ratepayers to identify planning issues relevant to rural lands to assist Council in determining future planning responses.

RECOMMENDATION

THAT:

1. Council expand the project brief for the “Galston and Glenorie Subdivision Review” on its Strategic Planning Program to undertake a survey to identify the contemporary planning issues and the community’s vision for the rural areas of the Shire.

2. Consultation be undertaken with the community in accordance with the Community Consultation Strategy discussed in Group Manager’s Report No. PL26/14.

3. The General Manager be authorised to approve any consultation material and/or additional consultation techniques recommended by Council’s community consultation specialist to engage with the broader community.

4. Council accept receipt of written submissions in addition to feedback provided in the survey.

5. Any responses to the survey and written submissions received be evaluated and a report be presented to Council for its consideration.

PURPOSE

The purpose of this report is to outline a community consultation strategy that expands upon Council’s previous resolution to consult the community on options for a review of minimum allotment sizes in the Galston and Glenorie areas.

BACKGROUND

At its meeting on 7 March 2012, Council considered Executive Manager’s Report No. PLN 20/12 identifying existing planning controls, opportunities and constraints to subdivision, and options for a review of controls. Council resolved that an informal briefing be conducted with Councillors to discuss the aims, objectives, methodology and timing for undertaking consultation with the community concerning options for a review of minimum allotment sizes in the Galston and Glenorie areas.

In April 2012, a Councillors briefing was conducted to discuss the matter and it was agreed to include on the Strategic Planning Program a project for community consultation on options for a review of allotment sizes in the Galston and Glenorie areas. Council subsequently considered Executive Manager’s Report No. PLN29/12 at its meeting on 18 April 2012 and resolved to endorse a Strategic Planning Program that included the project.

Between July 2013 and February 2014, a series of Councillors briefings were conducted to discuss the aims, objectives, methodology and timing for undertaking consultation with the community concerning options for a review of minimum allotment sizes in the Galston and Glenorie areas.

At the last briefing held on 19 February 2014, Councillors advised that they have received numerous representations on other rural planning issues worthy of investigation. It was agreed that the consultation project should be expanded to survey ratepayers in rural areas on these issues to assist Council in determining future planning responses.

DISCUSSION

The following discussion provides an overview of the existing planning controls and already identified planning issues that are relevant to privately owned lands in the rural areas of the Shire, particularly in relation to the introduction of the Hornsby Local Environmental Plan (HLEP) 2013, Hornsby Development Control Plan (HDCP) 2013 and the opportunities presented by the draft Metropolitan Strategy for Sydney to 2031.

The discussion also provides an overview of an expanded community survey to identify other contemporary planning issues and a vision for the rural areas. The feedback will assist Council in responding to sub-regional planning actions, new policies that impact rural lands and issues for consideration and their priority in future planning programmes adopted by Council.

A. Rural Lands Planning Controls

The rural areas of Hornsby Shire include Rural, Environmental Protection and Residential zoned lands and comprise the suburbs of Wisemans Ferry, Laughtondale, Singletons Mill, Canoelands, Maroota, Forest Glen, Fiddletown, Glenorie, Arcadia, Berrilee, Middle Dural, Galston, Dural and Glenhaven.

The land use planning controls for the rural areas of Hornsby Shire have principally been informed by the former and current Metropolitan Strategies for Sydney and Council’s previous Local Planning Studies.

Metropolitan Strategy for Sydney

The Metropolitan Strategy for Sydney to 2036 identifies the rural areas of Hornsby Shire to be “Rural and Resource Lands”.

The draft Metropolitan Strategy for Sydney to 2031 identifies the rural area of Hornsby Shire as part of the “Metropolitan Rural Area”, one of nine city shapers. City shapers have been identified because of the opportunities they present for the change and investment that are critical for the growth of Sydney. Specifically, the draft Metropolitan Strategy identifies that the Metropolitan Rural Area provides opportunities for agricultural activities that contribute to Sydney’s future ability to maintain a reliable and local source of fresh food and produce.

The draft Metropolitan Strategy identifies that NSW Planning and Infrastructure (P&I) is currently reviewing its Land Release Policy and practices with the intention of releasing a new Policy. The Policy will provide a new methodology for evaluating rural land for its suitability for urban subdivision.

The draft Metropolitan Strategy also identifies that the NSW P&I and NSW Trade and Investment will be identifying and mapping productive agricultural and resource lands. The NSW P&I recently identified the location of the State’s most valuable farming land called Biophysical Strategic Agricultural Land (BSAL). A review of the BSAL maps has identified that there is no BSAL in Hornsby Shire.

The revision of the Metropolitan Strategy and State Policy relating to land release and the protection of important agricultural lands may provide additional development opportunities in the rural areas of the Shire.

Local Planning Studies

Council’s approach to guiding development within the rural areas of the Shire has been informed by previous studies such as the Rural Lands Study 1995, Rural Resource Study 2006 and Rural Lands Planning Provisions 2009.

In summary, the studies all recognised the value of agriculture in Hornsby Shire and that further fragmentation of rural land may reduce the ability of the land to support potentially productive agricultural land uses in the future. The studies recommended that agriculture be a constraint to urban and rural/residential development and promoted maintenance of 2 and 10 hectare minimum lot sizes on rural zoned lands and 40 hectare minimum lot sizes on various environmental zoned lands.

The Hornsby Local Environmental Plan (HLEP) 2013 and Hornsby Development Control Plan (HDCP) 2013 have been prepared based on previous rural lands planning studies and comprise Council’s principal land use and development control documents.

Hornsby Local Environmental Plan 2013

The HLEP 2013 is Council’s principal governing environmental planning instrument and came into effect on 11 October 2013. The HLEP 2013 is based on the NSW Government’s Standard Instrument template and consists of a written instrument and a number of maps. The HLEP 2013 determines what can be developed and where, and how much development can occur. The key planning controls for guiding development within the rural areas of the Shire are land zoning, minimum lot size, height of building and floor space ratio.

The Standard Instrument dictates how the HLEP 2013 is structured. It mandates land use zones, specifies permitted and prohibited land uses in the zones, and identifies compulsory and optional provisions. Councils are only allowed to add other provisions which are relevant to local planning issues and are often required to adopt the NSW P&I’s model provision. The Standard Instrument mandates the use of a standard dictionary and requires maps to be prepared following specified mapping requirements.

The preparation of the HLEP 2013 was principally a process of transferring Council’s former LEP, the Hornsby Shire Local Environment Plan (HSLEP) 1994, into the Standard Instrument LEP format. For the large part, the planning controls contained in the HLEP 2013 are equivalent to those contained in the HSLEP 1994. However, there are some differences in the translation process which has given rise to a number of rural planning issues which are discussed in part B of this report.

Hornsby Development Control Plan 2013

The HDCP 2013 was adopted by Council and complements the HLEP 2013. The HDCP 2013 is a consolidation of Council’s 32 former DCPs into one to provide simple guidance on how development may occur. The key controls for guiding development within the rural areas are primarily contained in Part 1 General, Part 2 Rural Lands and Part 6 Subdivision of the HDCP.

The process of consolidation included consolidating controls, deleting repetition, removing outdated or obsolete controls and references and providing links to policy and legislation to streamline the document. For the large part, the planning guidelines contained in the HDCP 2013 are equivalent to those contained in the 32 former DCPs. However, similar to the HLEP 2013, there are some differences in the consolidation process which has given rise to a number of rural planning issues which are discussed below.

B. Rural Planning Issues

In the advent of the release of the draft Metropolitan Strategy for Sydney to 2031 and making of the HLEP 2013 and HDCP 2013, Council has received numerous representations from ratepayers in the rural areas of the Shire suggesting that various planning controls should be reviewed to improve development outcomes and opportunities to allow new innovative developments whilst maintaining rural character.

The following planning issues reflect these concerns and should form part of (but no be limited to) an expanded consultation.

Minimum Lot Sizes in Rural and Environmental Zoned Land

Previous rural lands planning studies have recommended that agriculture and river catchments/floodplains are a constraint to urban and rural/residential development. Accordingly, Council’s current planning controls for rural zoned land are based on maintaining 2 and 10 hectare minimum lot sizes. Council’s current planning controls for various environmental zoned lands are based on maintaining 40 hectare minimum lot sizes.

The issue of minimum lot sizes for rural and environmental zoned land has been an on-going topic of discussion over many years. Council has continued to receive representations from sectors of the rural community expressing a desire to subdivide their properties into smaller parcels. Those making representations have advised that agriculture is no longer viable, they are getting older, can no longer manage the rural holdings, and the land would be better utilised for large lot residential development. It is also understood that those same sectors believe that there would be a number of benefits associated with increasing the subdivision opportunity, including:

· Providing an alternate housing choice in the rural area of the Shire;

· Providing for high quality housing on large lots which promote a rural lifestyle;

· Maintaining a rural/residential character; and

· Providing additional population to improve the economic sustainability of commercial centres.

Calculation of Lot Size for Split Zone Lots

The HLEP 2013 includes a methodology for the calculation of minimum lot sizes for the subdivision of properties with two zonings. Under the HLEP 2013, the methodology for calculating lot size permits land within an E2 Environmental Conservation or E3 Environmental Management zoned lot to be less than the minimum subdivision standard for that land (i.e. 40ha) where the lot also contains land in a rural, residential, industrial, special purpose or recreation zone that complies with the minimum subdivision standard for that land. All other resulting lots are to comply with the minimum standard that applies to the land.

Feedback on this requirement suggests that the methodology for calculation of lot size should be modified to permit lots that do not achieve a minimum of 2 hectares of RU2 zoned land within each lot but would comply with the 2 hectare minimum lot size if they utilise the E3 zoned land as part of the calculation. Attaining 2 hectares of land in each lot would maintain a rural/residential character so long as there is adequate RU2 zoned land in each lot (e.g. 1 acre) to support the erection of a dwelling.

Criticisms of the current controls suggest that Council’s approach:

· Does not take into account properties with more than two minimum lot size standards, resulting in non-complying subdivision where it previously could have complied under the HSLEP 1994;

· Creates an irregular subdivision pattern, in comparison to that permitted under the HSLEP 1994, as E3 zoned land is geographically based and must be wholly located within one of the lots; and

· Places the burden on one property owner for maintaining all the E3 zoned land which may have flood prone land, bushfire prone land and/or flora and fauna management responsibilities.

Rural Cluster Housing

Council’s current planning controls for various environmental zoned lands are based on maintaining 40 hectare minimum lot sizes. The intention of these standards is to minimise fragmentation and to protect steep lands/floodplains from overdevelopment. To conserve sensitive environments, the Biodiversity Map layer has also been applied to National, State and regionally significant vegetation communities throughout the rural lands.

Rural Cluster Housing is a technique that has been used in different areas of the State to promote a higher density of development on the parts of the land with greater development capacity to conserve agricultural viability or environmentally constrained lands. The principles of Rural Cluster Housing have been implemented in various State policies over the years, including SEPP No. 15 - Rural Land Sharing Communities and the now repealed SEPP No. 42 - Multiple Occupancy of Rural Land.

Rural Cluster Subdivision provisions are contained in the Hills Local Environmental Plan 2012. The provisions apply to the majority of rural zoned lots in the Hills LGA to provide an alternate subdivision layout which protects agricultural land, and landscape, biodiversity and rural setting. To benefit from the provisions, the proposal must:

· Involve greater than 10 hectares of land for subdivision;

· Include land identified as “Biodiversity” (community property);

· Result in a maximum density of 1 lot / 2 hectares (other than community property);

· Result in a minimum lot size of 1 acre (other than community property); and

· Result in a maximum lot size of 1 hectare (other than community property).

Council has received representations from sectors of the rural community to introduce the opportunity for rural cluster subdivision similar to that available in the Hills LGA suggesting that it provides:

· An opportunity to subdivide land with development capacity that would not otherwise be subdividable under Council’s current controls; and

· A better method to conserve those areas of land with conservation value in comparison to Council’s current controls.

Secondary Dwelling Size

A secondary dwelling, commonly referred to as a ‘granny flat’, is a self-contained dwelling:

a) established in conjunction with another dwelling (the principal dwelling); and

b) on the same lot of land as the principal dwelling; and

c) may be located within, or attached to, or separate from, the principal dwelling.

Secondary dwellings are permitted in residential zones in Hornsby Shire as complying development or with consent under the Affordable Rental Housing SEPP where such development meets the specified development standards, including that a secondary dwelling is to have a maximum floor area of 60m².

Secondary dwellings are permitted with consent in the rural zones under the HLEP 2013 to promote additional affordable housing opportunities in the Shire and may exceed the maximum floor area of 60m² provided it is not more than 20% of the total floor area. The nomination of 60m² is mandated by the Standard Instrument and cannot be changed. However, Council may nominate the percentage relating to the total floor area of the principal dwelling. The 20% requirement was determined as part of the preparation of the HLEP 2013.

Council has received representations that the maximum size of secondary dwellings in rural zones is too restrictive given the capacity of rural lands to support larger secondary dwellings and the opportunity to provide additional rental accommodation for a larger family.

Attached Dual Occupancies

The Standard Instrument includes a definition of “dual occupancies (attached)”. Accordingly, Council’s across the State have had to determine where to permit the land use. The HLEP 2013 is principally a translation of the former planning controls into the Standard Instrument format. The HSLEP 1994 prohibited “attached dwellings” in the Rural zones. Accordingly, attached dual occupancies are prohibited in the rural and environmental zones of the HLEP 2013.

Council has received representations from land owners wishing to construct attached dual occupancies suggesting that they form an appropriate alternate housing form to that of a secondary dwelling (not limited by a specific size restriction) and that rural lands have the capacity to support them.

Roadside Stalls

Roadside stalls are a place or temporary structure used for the retail sale of agricultural produce or hand crafted goods produced from the property on which the stall is situated or from an adjacent property. Roadside stalls are permitted with development consent on rural zoned lands under the HLEP 2013. Separate controls relating to the size of roadside stalls are contained in the HLEP 2013.

“Controls Relating to Miscellaneous Permissible Uses” specifies that the gross floor area of a roadside stall must not exceed 20m². The provision is mandated by the Standard Instrument and cannot be modified by councils other than the ability to nominate the gross floor area of the roadside stall. The size of roadside stalls was restricted to 20m² in the HLEP 2013 as it is a translation from the definition of “roadside stalls” in the HSLEP 1994.

Council has received representations that the maximum size of roadside stalls should be increased. It is also understood that some rural ratepayers also want to able to sell agricultural produce or hand crafted goods produced in the local area.

The issues identified above provide a sound basis for encouraging feedback on rural planning issues. Any consultation should include, but not be limited to, these issues.

C. Community Consultation Strategy

To progress the expanded project, a consultation strategy has been prepared as detailed in Attachment 1 to identify the consultation objectives, who will be consulted, what information will be collected, how the survey will be undertaken and when key tasks will be finalised.

The purpose of the survey will be to identify attitudes to planning controls and development opportunities and to understand the rural communities’ vision for rural lands. This will include seeking feedback on the issues identified in Part B of this report. Council will notify by letter all ratepayers in the rural areas (as shown in Attachment 2) and an equivalent number of randomly selected ratepayers in the urban areas of the Shire of the survey.

It is proposed that the survey be run using an on-line platform that ratepayers can access from home, their mobile devices or from Council’s libraries. In the event that some residents cannot access the on-line survey, a limited number of hard copy surveys will be made available with appropriate measures to preserve the integrity of the process.

To assist the preparation of an on-line survey, specialist advice from an appropriately qualified and experienced contractor in community consultation and preparation of surveys will be obtained to assist the process.

BUDGET

The engagement of a community consultation specialist will cost approximately $7,500. The consultant fees and other administrative costs of undertaking the survey can be accommodated within the Strategic Planning Branch budget for the 2013/2014 financial year.

POLICY

There are no direct policy implications associated with undertaking the survey. The survey may inform future responses to planning reforms proposed by the NSW Government, the review of Council’s rural lands planning policies and future possible amendments to the HLEP 2013 and HDCP 2013.

CONCLUSION

The Strategic Planning Program includes a project for community consultation on options for the review of allotment sizes in the Galston and Glenorie areas.

Council has received numerous representations on other planning issues that affect the rural areas of the Shire, including various issues with Council’s current planning controls.

It is recommended that Council expand the project to consult more broadly on rural planning issues to assist Council in determining future planning responses.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Manager Strategic Planning – Fletcher Rayner – who can be contacted on 9847 6744.

Fletcher Rayner

Manager - Strategic Planning

Planning Division

James Farrington

Group Manager

Planning Division

Attachments:

1.View	Attachment 1 - Community Consultation Strategy
2.View	Attachment 2 - Rural Lands Study Area

File Reference: F2013/00290

Document Number: D02872277

1.View	HSC Investment Portfolio as at 28 February 2014
2.View	HSC Borrowings Schedule as at 28 February 2014

1.View	Draft Operational Plan 2014/15
2.View	Draft Fees and Charges 2014/15

1.View	Detailed Summary of Projects
2.View	Strategic Planning Program 2014 - 2015

1.	Confidential Memo - Tender T24/2013 - Grass Cutting of Roadsides - This attachment should be dealt with in confidential session, under Section 10A (2) (d) of the Local Government Act, 1993. This report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the council; or (iii) reveal a trade secret.
2.	Evaluation Report - Tender T24/2013 - Grass Cutting of Roadsides - This attachment should be dealt with in confidential session, under Section 10A (2) (d) of the Local Government Act, 1993. This report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the council; or (iii) reveal a trade secret.

1.	Quotation Evaluation Report - RFQ6-2014 - FINAL - This attachment should be dealt with in confidential session, under Section 10A (2) (d) of the Local Government Act, 1993. This report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the council; or (iii) reveal a trade secret.
2.	IR7-14 - Confidential Memo RFQ6 - Final - This attachment should be dealt with in confidential session, under Section 10A (2) (d) of the Local Government Act, 1993. This report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the council; or (iii) reveal a trade secret.