Agenda of General Meeting

Hornsby Shire Council Agenda and Summary of Recommendations

Page 1

AGENDA AND SUMMARY OF RECOMMENDATIONS

PRESENT

NATIONAL ANTHEM

OPENING PRAYER/S

Father Robert Borg, from Our Lady of the Rosary Cathedral, Waitara, will open the meeting in prayer.

Acknowledgement of RELIGIOUS DIVERSITY

Statement by the Chairperson:

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

ABORIGINAL RECOGNITION

Statement by the Chairperson:

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

AUDIO RECORDING OF COUNCIL MEETING

Statement by the Chairperson:

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

APOLOGIES / LEAVE OF ABSENCE

political donations disclosure

Statement by the Chairperson:

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

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

declarations of interest

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

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

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

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

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

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

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

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

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

confirmation of minutes

THAT the Minutes of the General Meeting held on 14 May 2014 be confirmed; a copy having been distributed to all Councillors.

Petitions

presentations

Rescission Motions

ITEMS PASSED BY EXCEPTION / CALL FOR SPEAKERS ON AGENDA ITEMS

Note:

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

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

GENERAL BUSINESS

· Items for which there is a Public Forum Speaker

· Public Forum for non agenda items

· Balance of General Business items

General Manager's Division

Nil

Corporate Support Division

Page Number 1

Item 1 CS14/14 Pecuniary Interest and Other Matters Returns - Disclosures by Councillors and Designated Persons

RECOMMENDATION

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

Page Number 4

Item 2 CS15/14 Outstanding Council Resolutions - Period Until 28 February 2014

RECOMMENDATION

THAT the contents of Deputy General Manager’s Report No. CS15/14 be received and noted.

Page Number 7

Item 3 CS13/14 Analysis of Local Government Reform Options in the Northern Sydney Area - Report Prepared by KPMG

RECOMMENDATION

THAT:

1. KPMG’s “Analysis of local government reform options in the Northern Sydney area” report be made available on Council’s website and a copy sent to the Minister for Local Government and The Hills and Ku-ring-gai Councils.

2. The NSW Government be encouraged to facilitate local government reform having regard to the research undertaken for Council by KPMG, PWC and Crosby Textor; and the recommendations made by the ILGRP and the LGAT.

3. The Hills and Ku-ring-gai Councils be requested to provide their comments on the reform options outlined by KPMG.

4. When the NSW Government releases its responses to the recommendations made by the ILGRP and the LGAT, a further report be prepared for Council’s consideration incorporating any feedback received from The Hills and Ku-ring-gai Councils about the KPMG reports.

Page Number 21

Item 4 CS17/14 Investments and Borrowings for 2013/14 - Status for Period Ending 30 April 2014

RECOMMENDATION

THAT the contents of Deputy General Manager’s Report No. CS17/14 be received and noted.

Page Number 24

Item 5 CS18/14 Adoption of 2014/15 Operational Plan - Including the Budget, Fees and Charges and Rating Structure for 2014/15

RECOMMENDATION

THAT:

1. Subject to the incorporation of the minor amendments recommended in Tables 1A and 1B of Deputy General Manager’s Report No. CS18/14, Council adopt the 2014/15 Operational Plan which includes the Budget, Fees and Charges and Rating Structure for 2014/15.

2. Council make and levy the 2014/15 Ordinary Rates in accordance with Table 2 of Deputy General Manager’s Report No. CS18/14.

3. Council make and levy the 2014/15 Catchments Remediation Rate on all rateable land in the Shire in accordance with Table 3 of Deputy General Manager’s Report No. CS18/14.

4. Council make and levy the Hornsby Quarry Loan Rate on all rateable land in the Shire in accordance with Table 4 of Deputy General Manager’s Report No. CS18/14.

5. Council continue to provide eligible pensioners with a $10 concession in respect of the Hornsby Quarry Loan Rate, represented by a reduction in the Base amount.

6. Council continue to provide eligible pensioners with a $20 concession in respect of the Special Rate Variation approved for the 2011/12, 2012/13 and 2013/14 financial years, represented by a reduction in the Base amount.

Page Number 33

Item 6 CS20/14 Debts to be Written Off - 2013/14 Financial Year

RECOMMENDATION

THAT for 2013/14, and in accordance with Clause 213 of the Local Government (General) Regulation, Council:

1. Write off debts considered bad totalling $7,477 (as detailed in Schedule A attached to Deputy General Manager’s Report No. CS20/14).

2. Note debts considered bad totalling $3,016 which will be written off under the General Manager’s delegated authority (as detailed in Schedule B attached to Deputy General Manager’s Report No. CS20/14).

Page Number 36

Item 7 CS21/14 Beattie Lane, Hornsby - Proposed Road Closure

RECOMMENDATION

THAT:

1. Council make application to the NSW Department of Lands to close the road known as Beattie Lane, Hornsby.

2. Upon closure of Beattie Lane, the land be classified as Operational Land for the purposes of the Local Government Act.

3. The General Manager be authorised to execute any documents in relation to this matter, deemed appropriate by Council’s legal advisers.

Page Number 39

Item 8 CS22/14 Local Government Remuneration Tribunal - 2014 Report and Determination - Mayor and Councillor Fees - 2014/15 Financial Year

RECOMMENDATION

THAT:

1. Council note that as a consequence of the 2014 Report and Determination of the Local Government Remuneration Tribunal, it remains in the Metropolitan Centre Category of NSW councils for the period 1 July 2014 to 30 June 2015.

2. In accordance with Section 248 of the Local Government Act, and having considered the 2014 Report and Determination of the Local Government Remuneration Tribunal, an annual fee of $22,800 be paid to each Councillor for the period 1 July 2014 to 30 June 2015.

3. In accordance with Section 249 of the Local Government Act, and having considered the 2014 Report and Determination of the Local Government Remuneration Tribunal, an additional annual fee of $60,580 be paid to the Mayor for the period 1 July 2014 to 30 June 2015.

Environment and Human Services Division

Page Number 42

Item 9 EH8/14 Commercial Fishing Reforms

RECOMMENDATION

THAT Council:

1. Receive and note the minutes of the Lower Hawkesbury Estuary Management Committee attached to Group Manager’s Report No. EH8/14.

2. Write to the NSW Department of Primary Industries and members of the NSW Parliament adjacent to the Hawkesbury seeking to have social, economic and environmental considerations factored into the NSW Fisheries reforms for the Hawkesbury River.

Page Number 45

Item 10 EH9/14 Future Use of Council Building - 3 Baden Powell Avenue, Brooklyn

RECOMMENDATION

THAT Council:

1. Note the immediate and long term asset management costs associated with the building at 3 Baden Powell Avenue, Brooklyn.

2. Provide 1 months’ notice to the current tenant of 3 Baden Powell Avenue, Brooklyn to vacate the premises.

3. Demolish the building at 3 Baden Powell Avenue, Brooklyn.

Page Number 50

Item 11 EH10/14 Consideration of Council Bushland Reserves for Biobanking

RECOMMENDATION

THAT:

1. Council investigate and advertise the potential Biobank sites, as shown in Attachments 1-3 of Group Manager’s Report No. EH10/14, associated with the ‘Linking Landscapes’ grant, the North West Rail Link and Epping to Thornleigh Third Track project.

2. A further Report be prepared for Council’s consideration once detailed investigations into the Biobank sites have been undertaken.

Planning Division

Page Number 53

Item 12 PL28/14 Development Application - Five Storey Residential Flat Building Comprising 25 Units - 10 and 12 Lords Ave, Asquith

RECOMMENDATION

THAT Development Application No. DA/1433/2013 for demolition of existing structures and erection of a five storey residential flat building comprising 25 units with basement car parking and strata subdivision at Lot 32 and 33 DP 12901, Nos. 10 and 12 Lords Ave, Asquith be approved subject to the conditions of consent detailed in Schedule 1 of Group Manager’s Report No. PL28/14.

Page Number 96

Item 13 PL40/14 Development Application - Multi-Unit Housing Comprising Two Detached Dwelling-Houses - 8 Thorn Street, Pennant Hills

RECOMMENDATION

THAT Council assume the concurrence of the Secretary of the Department of Planning and Environment pursuant to State Environmental Planning Policy No. 1 and approve Development Application No. DA/892/2013 for multi-unit housing comprising the erection of two detached dwelling-houses at Lot 5 DP 235034, No. 8 Thorn Street, Pennant Hills subject to the conditions of consent detailed in Schedule 1 of Group Manager’s Report No. PL40/14.

Page Number 117

Item 14 PL36/14 Development Application - Nine Storey Residential Flat Building Containing 54 Units - 5, 7 and 9 Waitara Avenue, Waitara

RECOMMENDATION

THAT Council assume the concurrence of the Secretary of the Department of Planning and Environment pursuant to Clause 4.6 of the Hornsby Local Environmental Plan 2013 6 to vary Clause 4.3 (Height of Buildings) and approve Development Application No. DA/1255/2013 for demolition of existing structures and construction of a nine storey residential flat building containing 54 units and basement car parking at Lot 1 DP 948232, Lot 84 DP 1053416 and Lot 1 DP 121106, Nos. 5, 7 and 9 Waitara Avenue, Waitara subject to the conditions of consent detailed in Schedule 1 of Group Manager’s Report No. PL36/14.

Page Number 161

Item 15 PL42/14 Development Application - Section 96(2) - Construction of an Affordable Rental Housing Development Comprising 8 Townhouses - 3 and 5 Fulbourne Avenue, Pennant Hills

RECOMMENDATION

THAT pursuant to Section 96(2) of the Environmental Planning and Assessment Act, 1979, Development Application No. DA/1021/2010/A for construction of an affordable rental housing development comprising eight townhouses at Lot 16 & Lot 15 DP 10203, Nos. 3 and 5 Fulbourne Avenue, Pennant Hills be amended as detailed in Schedule 1 of Group Manager’s Report No. PL42/14.

Page Number 187

Item 16 PL38/14 Report on Submissions - Rezoning of 99 New Line Road, Cherrybrook

RECOMMENDATION

THAT:

1. Council forward the Planning Proposal attached to Group Manager’s Report No. PL38/14 to rezone property No. 99 New Line Road, Cherrybrook from R2 (Low Density Residential) to RE2 (Private Recreation) to the Minister for Planning for gazettal.

2. In accordance with the plan making powers delegated to Council, the General Manager exercise the functions of the Minister for Planning and proceed to make the plan.

3. All persons who made submissions be advised of Council’s resolution.

Page Number 192

Item 17 PL32/14 Report on Submissions - Section 94 Contributions for Granny Flats

RECOMMENDATION

THAT:

1. Council adopt the amended Hornsby Shire Council Section 94 Development Contributions Plan 2012-2021 attached to Group Manager’s Report No. PL32/14.

2. For applications lodged after 5 September 2013, a refund be provided to applicants who have paid Section 94 contributions for a secondary dwelling (granny flat). The refund being the difference between the paid amount and new rate for secondary dwellings.

3. All persons who made a submission be advised of Council’s decision.

Page Number 198

Item 18 PL41/14 Hornsby West Side Planning Proposal - After Exhibition

RECOMMENDATION

THAT:

1. Council forward the Hornsby West Side Planning Proposal attached to Group Manager’s Report No. PL39/14 to the Minster for Planning for finalisation pursuant to Section 59 of the Environmental Planning and Assessment Act 1979.

2. Revised DCP amendments be re-exhibited for a period of 28 days incorporating:

2.1 Sustainability requirements such as car share schemes, green walls and roofs and thermal efficiency;

2.2 A requirement for a wind effects report for buildings over 13 storeys in height;

2.3 Provisions addressing State Environmental Planning Policy 65 Design Quality of Residential Flat Buildings;

2.4 A minimum site frontage of 40m for development over 10 storeys in height;

2.5 An increase in the podium height for the Odeon Cinema from 2 storeys to 3 storeys;

2.6 Administrative amendments including labelling Gateway sites, confirming that the western RSL car park in Ashley Street is included in the Planning Proposal and updating diagrams to reflect traffic modelling recommendations.

3. A separate report be prepared and presented to Council concerning options for ensuring design quality of future high density development.

4. Submitters be advised of Council’s decision.

Page Number 212

Item 19 PL44/14 Future Cities Program

RECOMMENDATION

THAT Council accept the nomination of Westfield to join Council’s delegation to participate in the Future Cities Program.

Infrastructure and Recreation Division

Nil

PUBLIC FORUM – NON AGENDA ITEMS

Questions of Which Notice Has Been Given

Mayor's Notes

Page Number 215

Item 20 MN6/14 Mayor's Notes from 1 to 31 May 2014

Mayoral Minutes

Notices of Motion

Page Number 217

Item 21 NOM4/14 New Line Road, Cherrybrook - Traffic and Access Issues

COUNCILLOR Tilbury To Move

THAT Council write to the Minister for Roads, Duncan Gay, and relevant local Members of Parliament seeking an urgent meeting to discuss solutions to address the congestion and road safety problems experienced on a daily basis on New Line Road.

Note From Councillor:

New Line Road is unable to meet the urban growth demands of north western Sydney and the rate of growth is rapidly making traffic conditions worse.

It is of great concern to Council that the recommendations of the Strategic Route Development Study for Old Northern Road and New Line Road completed for the then RTA in 1998 are yet to be acknowledged or otherwise advanced by Roads and Maritime Services. In the meantime, the State Government has given Council no choice but to approve new residential and commercial development in suburbs accessed from New Line Road.

A delegation from Hornsby Shire Council and the former Baulkham Hills Shire Council, along with the Local Member for Hawkesbury, met with the Minister for Roads in 2006, to urge progress on the matter, without success.

Traffic volumes on New Line Road are in the order of 30,000 vehicles per day while the section between Old Northern Road and Purchase Road has extensive lengths of one lane in each direction and no footpath. In the previous five years of available data, there have been 70 crashes recorded, 22 of which involved injuries in this section.

Pedestrian crossing points are over half a kilometre apart, making pedestrian access to bus services and local schools difficult. The only planned improvement Council is aware of is the installation of traffic signals at the intersection of Sebastian Drive with New Line Road, hopefully scheduled in the next 12 months. While Council appreciates this upgrade, it will only address a small part of the overall problem.

Page Number 218

Item 22 NOM5/14 Burdett Street Footpath

COUNCILLOR Tilbury To Move

THAT:

1. The Deputy General Manager, Infrastructure and Recreation be authorised to direct any savings from the construction of the 2014/15 Footpath Program to the construction of a footpath on the south side of Burdett Street Waitara, between Wentworth Avenue and Balmoral Street.

2. In the event that savings do not eventuate, the Deputy General Manager Infrastructure and Recreation report back to Council identifying footpath projects that could be deferred to allow construction of the Burdett Street footpath during the 2014/15 financial year.

SUPPLEMENTARY AGENDA

MATTERS OF URGENCY

QUESTIONS WITHOUT NOTICE

Deputy General Manager's Report No. CS13/14

Corporate Support Division

Date of Meeting: 11/06/2014

3 ANALYSIS OF LOCAL GOVERNMENT REFORM OPTIONS IN THE NORTHERN SYDNEY AREA - REPORT PREPARED BY KPMG

EXECUTIVE SUMMARY

· As part of the local government reform process, Council commissioned research from PricewaterhouseCoopers (PWC) and Crosby Textor as well as responding to the final reports of the Independent Local Government Review Panel (ILGRP) and the Local Government Acts Taskforce (LGAT). KPMG has subsequently completed further work commissioned by Council about local government reform options in the northern Sydney area.

· Now that Council has the benefit of considerable research and has supported the majority of recommendations from the ILGRP and the LGAT, it is apparent that reform of the local government industry is required in one form or another. As such, it is proposed that a copy of the KPMG research be provided to the Minister for Local Government so the Government can take the research into account when developing a response to the final reports of the ILGRP and LGAT. It is also proposed that a copy of the research be forwarded to The Hills and Ku-ring-gai Councils seeking their comments on the reform options discussed in the KPMG reports.

· Once the Government responds to the recommendations of the ILGRP and the LGAT, a further report will be prepared for Council detailing the Government’s approach to local government reform and comments from The Hills and Ku-ring-gai about the KPMG research.

RECOMMENDATION

THAT:

3. The Hills and Ku-ring-gai Councils be requested to provide their comments on the reform options outlined by KPMG.

PURPOSE

The purpose of this Report is to submit for Council’s consideration a report prepared by KPMG titled “Analysis of local government reform options in the Northern Sydney area” and to propose a course of action to assist Council in determining its position in respect of local government reform.

BACKGROUND

Apart from responding to papers prepared by the ILGRP and the LGAT about local government reform (refer to Deputy General Manager’s Report Nos CS5/14 and CS6/14 – 12 March 2014 General Meeting), Council has been collecting and developing its own research about reform options.

Firstly, Hornsby and The Hills Councils jointly commissioned PWC to undertake a project to investigate potential mergers of Hornsby and The Hills with each other and/or with neighbouring councils. Secondly, Hornsby contracted Crosby Textor to undertake independent, scientifically robust and informative research to assist Council in understanding community opinion about the local government reform process as it affects the community.

Whilst the PWC research details the potential issues, benefits and disadvantages associated with Hornsby amalgamating with its neighbouring councils; Crosby Textor’s research provides insights into the community’s view about reforms proposed by the ILGRP in its April 2013 Discussion Paper and, in particular, council amalgamations and/or shared services.

The main messages emanating from the PWC research were:

· Strategic Capacity - access to a larger pool of financial and non-financial resources would enable a merged Hornsby/The Hills Council to undertake new functions and deliver new services.

· Lobbying - a larger Council would have greater weight in applying for State and Federal funding in addition to having a stronger negotiating position when discussing tenders and preferred supplier arrangements.

· Asset Utilisation and Rationalisation - there would be an increased ability to utilise assets by sharing resources and disposing of surplus or duplicated assets.

· Administrative Rationalisation - both Hornsby and The Hills operate through a similar organisational structure based on the configuration of functional expertise and the delivery of services. This would reduce the execution risk of removing duplicate functions.

· Increased Service Delivery – removing duplicate activities in multiple community centres, standardisation of services and increased scale of process would allow for more cost efficient delivery of services. Strategic location of newly developed infrastructure assets of a newly merged council would benefit a larger population, reducing the need to duplicate investment in infrastructure.

· Investment in Future Capital Assets – realisation of surplus assets may provide additional funds to reinvest in future capital projects, reduce the need to borrow or allow for the redeployment of reserves for new projects.

· Upgrade Existing Infrastructure – an amalgamation would allow for some facilities to be closed, delivering maintenance savings and income from property sales. An evaluation of the infrastructure requiring remediation would need to be undertaken to identify overlap and identify areas of potential savings.

· Re-calibrate Capital Structure – the loan funding levels of Hornsby and The Hills Councils are relatively low, with debt service ratios not exceeding 5%. There is capacity to increase borrowings to fund capital budgets and reduce backlogs in costs to bring assets to a satisfactory condition. There would also be an ability to refinance or repay existing debt to reduce borrowing costs given the stronger balance sheet position of the merged council.

· Strategic Alignment – there is an alignment of a number of strategic goals of Hornsby and The Hills. This alignment indicates that there are potential synergies to be gained in achieving these goals from an amalgamation of the two Councils e.g.

o Ecology and environment strategies in relation to climate change, bushland and natural areas, environmental education, development and water.

o Economy and infrastructure strategies in relation to transport, economic development, recreation, employment, assets and business development.

o Community strategies in relation to community engagement, service provision, cultural engagement and crime.

o Governance strategies in relation to reporting, internal policies, stakeholder management and risk management.

· In respect of financial benefits:

o The rationalisation of corporate support functions like information technology, financial services, records, and human resources would lead to significant expense reductions.

o Labour consolidation could also be applied to managerial staff, administrative support staff, property sections and strategy and communication groups.

o A review of the information system requirements of a combined council may result in reasonable savings in lease payments.

o Rationalisation of assets that on review are surplus to needs may present opportunities to improve cash-flow and address infrastructure backlogs. Reduced maintenance budgets may also be a side benefit.

o Reduced operating expenses due to labour consolidation and asset rationalisation to address infrastructure backlogs would improve a council’s strategic ability to manage reliance on rate pegging allowances.

Crosby Textor’s research indicated that:

· Local issues are low on the order of local residents’ issues. Issues concerning matters of State Government rank higher on the top-of-mind agenda for the local residents of Hornsby, The Hills, Parramatta and Ryde. These issues predominantly include the provision of better public and social infrastructure and traffic congestion.

· There is a low level of awareness of local council amalgamation. Total awareness of the current local government reform process sits around 53%.

· There is a high level of indecision – “soft” support/opposition for reform. The recommended option from the ILGRP to amalgamate councils has a “soft” position of approximately 60% of surveyed people. This finding is particularly important because it shows that community members are neither genuinely in support or opposed to the proposed reforms.

· The shared services model is preferred over amalgamation. Total support for a shared services model sits at 73% with minimal “strong” opposition at 9%. Of the reform options proposed, a shared services model was the most readily accepted. A reduction in council costs and improved service delivery were viewed as the primary reasons to support the model.

· There are disparate Hornsby Ward views about amalgamation. The results show that the views of residents in A, B and C wards are different. The geographical distances between these wards and the change of community landscape shows that there is not homogeneity in their views.

· Attitudes are consistent amongst residents from all surveyed councils. There appears to be relative levels of parity in the views expressed by community members surveyed in neighbouring council areas. The results showed that varying levels of awareness, opposition and support were only marginal if any at all.

· There is potential to convince those who are undecided on amalgamations by explaining the arguments which support lower costs and improved efficiencies.

Following the receipt and consideration of the Crosby Textor and PWC research at its 21 August 2013 General Meeting, Council resolved that:

1. The research undertaken for Council by Crosby Textor and PricewaterhouseCoopers be received and noted and briefings on the Crosby Textor research continue to be offered to the Independent Local Government Review Panel and the Minister for Local Government.

2. Due to public interest in this matter, copies of the PricewaterhouseCoopers and Crosby Textor quantitative research be made available with other relevant information on a “Local Government Reform” section of Council’s website.

3. Prior to formalising its position on local government reform, Council commission an independent, high level strategic and financial assessment of potential options for structural reform of local government in the northern Sydney area. Such assessment would be similar to assessments already undertaken by Randwick and Warringah Councils for the eastern suburbs and northern beaches areas respectively.

In respect of point 1 of the resolution, Council offered both the ILGRP and the Minister for Local Government briefings on the Crosby Textor findings to assist them in their continuing deliberations on local government reform. It is pleasing to note that the Panel took the opportunity to be briefed on the Crosby Textor research and to then refer favourably to the research in its final report.

In line with point 2 of the resolution, copies of the PWC and Crosby Textor research were made available on Council’s website.

In respect of point 3 of the resolution, KPMG was commissioned to undertake the high level strategic and financial assessment of options for structural reform – and their response is the subject of this Report.

DISCUSSION

The scope of Council’s engagement of KPMG to undertake the high level strategic and financial assessment of options for structural reform of local government in the northern Sydney area was to:

· Develop up to seven local government reform options (including a base case) with reference to a predetermined set of local government reform principles.

· Conduct a financial strategic analysis of options, including:

o detailed financial statement analysis of Hornsby Shire Council data

o high level financial statement analysis of publicly available council data for neighbouring councils

o financial modelling and sensitivity testing of options

o internal stakeholder consultations and testing with up to three internal stakeholders at Hornsby Shire Council

o analysis of broader supporting strategies and mechanisms, including service delivery pathways, asset utilisation and renewal, socio-economic and cultural considerations, and governance structures

o multi-criteria analysis with up to five financial and non-financial criteria to determine the preferred option for Hornsby Shire Council.

· Seek input to the analysis from neighbouring councils that may be impacted by local government reform options considered in KPMG’s report.

Following its appointment, KPMG worked with Council to develop the following set of local government reform principles to be used in its analysis.

Reform Principles	Indicators	Key Considerations
Local Government Capacity - the ability of local government to maintain or enhance service delivery	Quality of service delivery Quality of planning and infrastructure delivery Capacity to attract specialist skills	With effective coordination and management, larger councils tend to have greater capacity than smaller councils to leverage financial and operational scale to: · better manage planning and infrastructure delivery · concurrently maintain or improve the quality and efficiency of services to residents
Financial Sustainability - the ability of the council to sustainably fund adequate and effective services	The capacity to secure economies of scale and scope Scope and scale of the resource base	Continued or improved financial sustainability is crucial in maintaining the capacity to deliver services, and it is often a key motivation of pursuing boundary reforms. Ensuring that any boundary reforms increase the financial sustainability of council is vital, and this will be assessed through the financial statement analysis and cost benefit analysis.
Local Representation - the ability of the local government authority to effectively represent ratepayers	Quality of local representation Communities of interest Quality of stakeholder management	Boundary reform options should be evaluated with respect to their impact on the effectiveness of local representation. The effectiveness of representation affects the quality of governance. Representation that is more reflective of the community is more likely to lead to outcomes aligned with the needs of the governed. Effective representation also helps manage the diverse (and sometimes competing) communities of interest that form a council locality.

KPMG and Council also agreed that the following seven local government reform options were those to be investigated as part of this project:

Reform Options	Description
Option 1 - Base Case	Option 1 is the base case – or “do nothing” option – in which the current structure of local government areas considered were assumed to remain constant.
Amalgamation Options
Option 2 - Hornsby and The Hills Councils	Option 2 is an amalgamation option that would involve combining Hornsby and The Hills Councils, with minor adjustments to each Council’s southern boundaries.
Option 3 - Hornsby and Ku-ring-gai Councils	Option 3 is an amalgamation option that would involve combining Hornsby and Ku-ring-gai Councils, with a minor adjustment to the southern boundary of Hornsby Council. The specification of Option 3 is consistent with the recommendation made in the ILGRP’s Final Report.
Option 4 - Hornsby, The Hills and Ku-ring-gai Councils	Option 4 is an amalgamation option that would involve combining Hornsby, The Hills and Ku-ring-gai Councils, with an adjustment to the southern boundary of Hornsby and The Hills Councils.
Shared Services Options
Option 5 - Shared Infrastructure and Recreation Division between Hornsby and The Hills Councils	Option 5 is a shared services model between Hornsby and The Hills Councils, where an Infrastructure and Recreation Division would be shared across the Councils.
Option 6 - Shared Infrastructure and Recreation Division between Hornsby and Ku-ring-gai Councils	Option 6 is a shared services model between Hornsby and Ku-ring-gai Councils, where an Infrastructure and Recreation Division would be shared across the Councils.
Option 7 - Shared Infrastructure and Recreation Division between Hornsby, The Hills and Ku-ring-gai Councils	Option 7 is a shared services model between Hornsby, The Hills and Ku-ring-gai Councils, where an Infrastructure and Recreation Division would be shared across the Councils.

KPMG has now completed its research and provided Council with its final report. That report is supplemented by a summary version of the report which may be useful for interested members of the public. Copies of the reports have been provided to Councillors under separate cover and it is recommended that they be made public after Council’s consideration of this Report. The key findings of KPMG’s research are that:

· Local governments in NSW perform crucial functions and are key platforms for local democracy and representation, however, their structure and functions have largely remained static despite structural changes in the economy.

· Financial sustainability is a key consideration for local government in NSW, with 46 percent of councils estimated to have a financial sustainability rating of “weak” or lower within three years.

· To support more sustainable local governments over the long term, there are a number of potential reform options, including – for example – amalgamations, boundary reform and shared services. The recent report by the ILGRP - Revitalising Local Government - provided a comprehensive analysis of these options in the NSW context.

· Although there are broader impacts associated with reform, a key consideration is the potential financial benefits. Evidence suggests that economies of scale can be achieved in Australia, as demonstrated by seven out of nine studies of domestic reform experience.

· Previous experience suggests that the quality of service delivery, financial sustainability and the effectiveness of local representation are consistently applied to develop and analyse the impacts of local government reform.

· The seven reform options were developed based on the common underlying principles of previous reform experience and consultations with Hornsby Council. Reform options included both amalgamations and shared services arrangements.

· Option 1 – Base Case Scenario

o Under Option 1, where Hornsby, The Hills and Ku-ring-gai Councils remain as separate entities, it is estimated that:

· Hornsby’s net operating result before capital items would be $23.0 million in 2017/18, and over the ten year period from 2013/14 to 2022/23 would show a cumulative net operating result before capital items of $209.0 million.

· The Hills’ net operating result before capital items would be $54.6 million in 2017/18, and over the ten year period from 2013/14 to 2022/23 would show a cumulative net operating result before capital items of $500.7 million.

· Ku-ring-gai’s net operating result before capital items would be $43.1 million in 2017/18, and over the ten year period from 2013/14 to 2022/23 would show a cumulative net operating result before capital items of $349.7 million.

· Options 2 and 5 - Amalgamation and Shared Services - Hornsby and The Hills

o An amalgamation of Hornsby and The Hills Councils – Option 2 - is estimated to achieve a net operating result of about $26.9 million in 2017/18 (for the Hornsby Shire entity – refer Table 7.13 on page 59 of KPMG’s report), representing about a 17 percent improvement to the current forecast net operating result in Option 1.

o Under Option 2, the cumulative net operating result over the period 2013/14 to 2022/23 for the aggregate Hornsby/The Hills entity is estimated to be $783.7 million (which is $74.0 million – or 10 percent - greater than what the Councils are estimated to achieve as separate entities in the same period) – see Table below.

o A shared services model between Hornsby and The Hills Councils (where they would share an Infrastructure and Recreation Division) – Option 5 - is estimated to achieve a net operating result of around $24.0 million in 2017/18 (for the Hornsby Shire entity - refer Table 7.16 on page 62 of KPMG’s report), representing about a 4 percent improvement to the current forecast net operating result in Option 1.

o Under Option 5, the cumulative net operating result over the period to 2013/14 to 2022/23 for the Hornsby/The Hills shared services entity is estimated to be $725.1 million (which is $15.3 million – or 2 percent - greater than what the Councils are estimated to achieve as separate entities in the same period) – see Table below.

· Options 3 and 6 - Amalgamation and Shared Services - Hornsby and Ku-ring-gai

o An amalgamation of Hornsby and Ku-ring-gai Councils – Option 3 - is estimated to achieve a net operating result of about $26.2 million in 2017/18 (for the Hornsby Shire entity - refer Table 7.14 on page 60 of KPMG’s report), representing about a 14 percent improvement to the current forecast net operating result in Option 1.

o Under Option 3, the cumulative net operating result over the period 2013/14 to 2022/23 for the aggregate Hornsby/Ku-ring-gai entity is estimated to be $609.1 million (which is $50.4 million – or 9 percent - greater than what the Councils are estimated to achieve as separate entities in the same period) – see Table below.

o A shared services model between Hornsby and Ku-ring-gai Councils (where they would share an Infrastructure and Recreation Division) – Option 6 - is estimated to achieve a net operating result of around $23.9 million in 2017/18 (for the Hornsby Shire entity - refer Table 7.17 on page 63 of KPMG’s report), representing about a 3 percent improvement to the current forecast net operating result in Option 1.

o Under Option 6, the cumulative net operating result over the period 2013/14 to 2022/23 for the Hornsby/Ku-ring-gai shared services entity is estimated to be $569.2 million (which is $10.5 million – or 2 percent - greater than what the Councils are estimated to achieve as separate entities in the same period) – see Table below.

· Options 4 and 7 - Amalgamation and Shared Services – Hornsby, The Hills and Ku-ring-gai

o An amalgamation of Hornsby, The Hills and Ku-ring-gai Councils – Option 4 - is estimated to achieve a net operating result of about $29.0 million in 2017/18 (for the Hornsby Shire entity - refer Table 7.15 on page 61 of KPMG’s report), representing about a 26 percent improvement to the current forecast net operating result in Option 1.

o Under Option 4, the cumulative net operating result over the period 2013/14 to 2022/23 for the aggregate Hornsby/The Hills/Ku-ring-gai entity is estimated to be $1,222.6 million (which is $163.1 million – or 15 percent - greater than what the Councils are estimated to achieve as separate entities in the same period) – see Table below.

o A shared services model between Hornsby, The Hills and Ku-ring-gai Councils (where they would share an Infrastructure and Recreation Division) – Option 7 - is estimated to achieve a net operating result of around $24.2 million in 2017/18 (for the Hornsby Shire entity - refer Table 7.18 on page 64 of KPMG’s report), representing about a 5 percent improvement to the current forecast net operating result in Option 1.

o Under Option 7, the cumulative net operating result over the period 2013/14 to 2022/23 for the Hornsby/The Hills/Ku-ring-gai shared services entity is estimated to be $1,086.6 million (which is 27.2 million – or 3 percent - greater than what the Councils are estimated to achieve as separate entities in the same period) – see Table below.

KPMG has stated that implementing local government reform, whether through boundary reform or shared services, requires consideration of a variety of supporting factors in addition to the expected financial impacts. The supporting strategies and mechanisms include:

· Asset utilisation, renewal and financial sustainability, including:

o valuation and stocktake of assets

o maintenance of infrastructure

· Service delivery pathways to promote quality provision of council services, including consideration of:

o service levels between councils

o human resource management across councils

o corporate support functions

· Governance structures of new council entities, including consideration of how governance may impact the effectiveness of local representation

· Transition measures to underpin the implementation of reforms

KPMG go on to say that Council’s preferred option for reform should be identified using multi-criteria analysis to recognise that broader supporting strategies need to be considered in conjunction with the projected financial impacts for different reform options. The framework for conducting a multi-criteria analysis should, therefore, consider a range of appropriate financial and non-financial criteria, for example:

· the expected financial impacts of options

· risks to financial sustainability over the longer term

· strategic risks

· risks to service quality and effectiveness

· risks to the effectiveness of local representation

· risk to effective implementation and management over time

KPMG have provided a framework (see table below and Section 7.5 – pages 77-78 of KPMG’s report) which Council could use to undertake the multi-criteria analysis.

Financial Criteria
The net financial benefits of the options	Ranking of percentage point impacts relative to the base case net operating results.
Risks to financial sustainability over the medium to long term	Informed by the financial analysis and financial statement analysis of Hornsby Shire Council and neighbouring councils in the northern Sydney area.
Non-Financial Criteria
Strategic Risks	Determined with respect to the analysis of supporting strategies and mechanisms and high level implementation considerations.
Risks to service quality and effectiveness over time	Determined with respect to the analysis of supporting strategies and mechanisms and high level implementation considerations.
Risks to quality and effectiveness of local representation	Determined with respect to the analysis of supporting strategies and mechanisms and high level implementation considerations.
Risks to effective implementation and management over time	Determined with respect to the analysis of supporting strategies and mechanisms and high level implementation considerations.

KPMG have, however, indicated that further consultation and analysis is required to determine:

· the scoring for each criteria, particularly non-financial

· appropriate weightings for each criterion, to be determined by stakeholders

KPMG have noted that there are a number of precursors to the finalisation and implementation of a preferred option by Council. These include, for example:

· Continued engagement in the broader local government reform debate in NSW, particularly when the NSW Government formalises its position to the Revitalising Local Government report recently released by the ILGRP.

· Further, more detailed, due diligence of reform options, particularly from the perspective of other councils in the reform process.

The approach recommended by KPMG is for Council to actively engage all relevant councils and the NSW Government concurrently to undertake a more comprehensive evaluation of the costs and benefits of all options. The approach to developing the analysis in KPMG’s report has the flexibility to be extended and refined over time should further, more detailed, data become available.

KPMG go on to say that following the completion of due diligence, stakeholder engagement and agreement of a preferred option, there should be detailed implementation planning to ensure successful delivery of reform over time. A structured and effectively communicated approach to implementation and management of the reform process is critical for its overall success, including the realisation of the potential benefits.

KPMG have provided a high level implementation plan for an amalgamation or shared services reform model (see Section 8 – pages 79-84 of KPMG’s report), however, they have noted that a more complete implementation plan will be required following the completion of all required due diligence that provides:

· greater detail that is targeted to the specific option being considered

· target completion dates for actions

· accountabilities for those actions in agreed timeframes

_______________________________

Now that Council has the benefit of the considerable research it has commissioned from KPMG, PWC and Crosby Textor about local government reform and has supported the majority of recommendations made by the ILGRP and the LGAT in their final reports, it is apparent that reform of the local government industry in NSW is required in one form or another.

As Council and the Hornsby community would be beneficiaries of reform which provides a more sustainable future for local government in NSW, it is appropriate that Council now provide a copy of the recently finalised KPMG research to the Minister for Local Government so that the Government can take the research into account when developing its responses to the final reports of the ILGRP and the LGAT.

Whilst awaiting the Government’s response to the ILGRP’s and LGAT’s reports, it is also appropriate that a copy of the KPMG research be forwarded to The Hills and Ku-ring-gai Councils seeking their comments on the reform options discussed. This will allow a further report to be prepared for Council’s consideration when the Government’s, The Hills’ and Ku-ring-gai’s responses are received.

CONSULTATION

In the preparation of this Report, there was consultation with staff from KPMG as the authors of the work that is referred to. KPMG representatives also attended Council to provide Councillors and relevant staff with informal briefings at the commencement and during the project.

BUDGET

The costs associated with this project will be met from existing budgetary allocations in 2013/14. Depending on Council’s resolution in respect of this Report, funding may need to be allocated in a future quarterly review to fund further projects associated with local government reform.

POLICY

There are no policy implications associated with this Report.

CONCLUSION

Council is now in possession of another valuable piece of research which analyses local government reform options in northern Sydney and which will be of assistance in formulating a position about where to next in the reform process. This research complements that already undertaken by Crosby Textor which provided an insight into the community’s view about local government reform in general, and in particular amalgamations and shared services; and also by PWC which detailed the issues, benefits and disadvantages associated with Council amalgamating with its neighbouring councils in the northern Sydney region.

Subject to Council not requiring any further information at this point to assist in its understanding of the local government reform process, staff believe it is appropriate to send a copy of the KPMG research to the Minister for Local Government and The Hills and Ku-ring-gai Councils whilst the State Government’s response to the final reports of the ILGRP and the LGAT are being finalised.

Once the Government’s response to the ILGRP and the LGAT reports are made public, it is proposed that a further report be prepared for Council’s consideration detailing that response as well as any comments received from The Hills and Ku-ring-gai Councils about the KPMG research. Council should then be able to determine its preferred position in respect of local government reform.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Deputy General Manager, Corporate Support Division – Mr Gary Bensley - who can be contacted on 9847-6605.

Gary Bensley

Deputy General Manager

Corporate Support Division

Scott Phillips

General Manager

General Manager's Division

Attachments:

There are no attachments for this report.

File Reference: F2004/07217

Document Number: D02931621

Deputy General Manager's Report No. CS18/14

Corporate Support Division

Date of Meeting: 11/06/2014

5 ADOPTION OF 2014/15 OPERATIONAL PLAN - INCLUDING THE BUDGET, FEES AND CHARGES AND RATING STRUCTURE FOR 2014/15

EXECUTIVE SUMMARY

· Council adopted the draft 2014/15 Operational Plan for the purpose of public exhibition at its 9 April 2014 General Meeting. The draft Plan includes the Budget, Fees and Charges and Rating Structure for 2014/15.

· The draft documents were publicly exhibited from 10 April until 9 May 2014 and submissions invited. Ten submissions were received which are summarised in Table 1A of this Report. Table 1B of the Report contains a summary of administrative changes proposed by internal Divisions of Council.

· Following a review of all submissions by appropriate Council staff, no material changes to the publicly exhibited documents are recommended.

· Once adopted, the final 2014/15 Operational Plan (including the Budget and Fees and Charges for 2014/15) will be distributed electronically and in hard copy to Councillors, staff and interested persons.

RECOMMENDATION

THAT:

2. Council make and levy the 2014/15 Ordinary Rates in accordance with Table 2 of Deputy General Manager’s Report No. CS18/14.

3. Council make and levy the 2014/15 Catchments Remediation Rate on all rateable land in the Shire in accordance with Table 3 of Deputy General Manager’s Report No. CS18/14.

4. Council make and levy the Hornsby Quarry Loan Rate on all rateable land in the Shire in accordance with Table 4 of Deputy General Manager’s Report No. CS18/14.

5. Council continue to provide eligible pensioners with a $10 concession in respect of the Hornsby Quarry Loan Rate, represented by a reduction in the Base amount.

PURPOSE

The purpose of this Report is to provide Council with information and recommendations regarding the submissions received in respect of the public exhibition of the draft 2014/15 Operational Plan, which includes the Budget, Fees and Charges and Rating Structure for 2014/15.

BACKGROUND

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

Your Community Plan 2013-2023, which is Hornsby Shire Council’s 10 year Community Strategic Plan, was adopted on 19 June 2013 together with a Delivery Program for 2013-17 and a 2013/14 Operational Plan. The rolling four year program of major projects in the Delivery Program 2013-17 has been reviewed and no changes are proposed. As such, the Delivery Program was not required to be further exhibited.

At the General Meeting held on 9 April 2014, Council considered Deputy General Manager’s Report No. CS9/14 and resolved that:

1. Council adopt for public exhibition and make available for public comment from 10 April to 9 May 2014, the draft Operational Plan 2014/15 which includes the draft Budget, Fees and Charges and Rating Structure for 2014/15.

2. Council note that the rating information contained in the draft Operational Plan 2014/15 is in line with the Independent Pricing and Regulatory Tribunal’s approval for NSW councils (i.e. a 2.3% rate increase for 2014/15).

3. Following the public exhibition period, and before 30 June 2014, a further report be prepared for Council’s consideration which provides details of any submissions received and recommends the adoption of a final Operational Plan 2014/15, including the Budget, Fees and Charges and Rating Structure for that year.

DISCUSSION

Consultation on the Documents

During the exhibition period from 10 April to 9 May 2014, copies of the draft 2014/15 Operational Plan were on display at Council’s reception areas and five libraries and were available electronically on Council’s website. Advertisements advising of the document’s availability were placed in three local newspapers, the newsletter distributed to 47,000 households with the April 2014 rates instalment notices and the May monthly enewsletter database of 6,000.

Submissions

A total of 10 submissions were received during the formal exhibition period of the draft Plan including one late submission. None of the submissions are considered to have any material impact on the Plan. Of the submissions:

· five relate to the proposed increase in childcare fees

· three relate to the proposed fees for the new Hornsby Aquatic and Leisure Centre

· one relates to the lack of projected capital works at the Epping Aquatic Centre

· one requests the upgrade of floodlights at Greenway Park No. 2 Oval be brought forward in the capital works program.

The submissions are summarised in Table 1A below, with staff recommendations in bold italics.

Table 1A

No.	Name	Issue	Summary of Points Made	Staff Recommendation
1	Melissa Caboche	Child care	· Proposed child care fee increase is extreme - would equate to approximately $1,300 per annum extra for her family	*Not Supported* · Council has determined that fees for child care should reflect the full cost of delivering the service, including administrative and operating costs · The fee increases proposed for 2014/15 reflect: § CPI increases § increasing energy costs § increased staff salary and retraining costs as higher qualifications are now required to meet the National Regulations and Quality Standards, and § a rental component for each property · Council’s child care services are provided to 311 families and there have only been five comments received on the proposed fee increase
2	Sergei Mazourov	Child care	· Unacceptable 7.5% increase to child care fees
3	Neha and Jitendra Khatri	Asquith Nursery and Preschool	· Son started at Asquith Nursery and Preschool centre recently. Whilst fee was higher than other centres in Hornsby, they recognise the higher standard of facilities and care provided at the council managed centre · Would like child care fees minimised so they are able to increase their son's days
4	Buddhima Kannangara	Somerville Park Early Childhood Education	· $7 per day proposed fee increase for Somerville Park Early Childhood Education Centre is too high, especially for an independent preschooler
5	Adam Cruickshank (Late submission)	Child care	· 5.9% proposed increase for under three-year-olds is unreasonable. · Would not object if child care staff salaries were also increased by 5.9%
6	Michael Pritchard	Hornsby Aquatic and Leisure	· New fees for Hornsby Aquatic and Leisure Centre are 16% more than other pools in area	*Not Supported* · *Hornsby is a brand new state of the art facility and costs have increased in line with the new facilities the Centre will have to offer
7	Michael Kramer	Hornsby Aquatic and Leisure	· Proposed charges at Hornsby Aquatic Centre are higher than those at Epping and Galston and much higher than prior to closure in 2010 · Lower initial pricing and free swimming days should be offered as an incentive for patrons to return	*Not Supported* · *See note in No. 6 above · There are free swimming days planned when the Centre opens · Hornsby's learn to swim fees have been incentivised to bring back business that has gone to other centres during the Hornsby Pool closure
8	Lee Kemp	Hornsby Aquatic and Leisure	· Proposed charges at Hornsby Aquatic Centre are higher than those at Epping and Galston and unfair to charge more as there will be lower operating and maintenance costs · Inconsistent fees are unfair, and will also mean not able to use multi-entry tickets between Council pools as previously. Family D fee (2 adults + 2 children / 1 adult + 3 children) not listed for Hornsby or Epping pools · Learn to swim lessons cheaper at Epping than Hornsby or Galston while it costs the same to provide swimming coaches	*Not Supported* · *See note in No. 6 above · Different price structures work for the different Centres. Each pool's fee structure has been set based on historical clientele usage. There is a price category covering 2 adults + 2 children / 1 adult + 3 children at Hornsby - Category descriptions have now been updated to reflect common definitions · Multi-entry tickets will no longer be valid for entry across Council's three pools. However, as a promotional offer the Unlimited Swim/Gym will be transferable between Hornsby and Galston as they both have new gym facilities · Epping's learn to swim classes are $1 cheaper as they are held outdoors, whereas Hornsby and Galston are indoor facilities. Additionally learn to swim fees at Hornsby Pool have been incentivised to attract business lost to other centres during Hornsby Pool closure
9	Lee Kemp	Epping Aquatic Centre	· No capital works for Epping Aquatic Centre in Operational Plan for 2014/15 to 2016/17. SRV application outlined capital works every year until 2020/21 · This indicates that Epping Aquatic Centre will close permanently · Requests that Epping Aquatic Centre be added to the Section 94 Contributions Plan as there will be 8,000 new residents with planned urban activation	*Not Supported* · An assessment of the maintenance and capital renewal requirements for the Centre is being undertaken and Council will consider the most appropriate program of works when the full scope is determined · There has been no Council decision to close Epping Aquatic Centre · Epping Aquatic Centre is not currently in the Section 94 Plan. Any consideration for future inclusion would be based on the full assessment of the facility’s requirements and the funding gap remaining after Section 94 contributions from the new population and SRV money was applied. Also, Section 94 funding is dependent on there being an increased demand from the new population and access to other nearby aquatic facilities would need to be considered · Council is presently undertaking a recreation and open space study (Active Living Hornsby Strategy) which will identify future requirements and gaps in recreation facilities, parks and open space areas within the Shire for all users
10	Cherrybrook Little Athletics Club	Greenway Park No. 2	· Club requests the lighting upgrade scheduled for Greenway Park No. 2 Oval in 2015/16 be brought forward in the capital works program to 2014/15	*Supported* Council's Parks Branch recommends this project be brought forward and substituted in the capital works program with the floodlight replacement at Storey Park scheduled for 2014/15: · More participants train under lights at Greenway Park No. 2 than at Storey Park · Lights are used year-round at Greenway Park No. 2, while at Storey Park only from March-September Note: Regular hirers of Storey Park have not been advised of any deferral of that project.

There were also administrative issues identified by staff during the exhibition period regarding changes to wording for clarity and correction to an incorrectly advertised fee. These are summarised in Table 1B below.

Table 1B

No.	Summary of Issues	Commentary
1b	· Draft Fees and Charges 2014/15, p63 – Item 6, Crosslands ‘3-5 people / night’ - typographical error in fee - $13 should be $40 · Exhibition copies and website updated and interest groups advised 15 April. Exhibition of this fee was extended to 20 May 2014	No submissions received on this amended fee
2b	· Draft Fees and Charges 2014/15, p76, Hornsby Aquatic and Leisure Centre - Item 8, Car parking – wording clarified to show that 3 hours free parking requires ticket validation	‘with validated ticket’ added
3b	· Financial overview on pp6-7 to be adjusted to reflect the $8M to S94 restricted asset (CS9/14, 9 April 2014)	Financial overview and pie chart updated
4b	· Draft Fees and Charges 2014/15, p24, Thornleigh Community Centre - # symbol incorrectly placed on second line of item 27A. Should be on third line	# moved as requested and extra category added - 27E. Other Charges - to clarify who general charges apply to
5b	· Draft fees and charges 2014/15, p36, Hornsby Mall - Item 8, B.3.3. Markets - (*) symbol added to clarify that Development consent is required	(*) added to clarify that Development Consent is required

During the exhibition period, there were further minor changes suggested by Council staff to improve clarity of the information contained in the documents, and those changes have been incorporated in the final versions of the documents.

Rates Structure

The rates structure included in the draft 2014/15 Operational Plan was based on the general increase determined by IPART i.e. a 2.3% increase to apply to the Ordinary, Catchments Remediation and Hornsby Quarry Loan Rates. The Ordinary, Catchments Remediation and Hornsby Quarry Loan Rate tables (Tables 2, 3 and 4 below) have been updated to take into account adjustments due to recategorisation of properties since exhibition. This has affected the ‘Rate in the $ (based on land value)’, ‘% of Total Rate’, ‘Yield $’ columns and the overall totals, increasing the total rates levied from $73,795,706 to $74,009,267. It is noted that there was a comment in the draft 2014/15 Operational Plan 2014/15 which alluded to the need for this recalculation and no submissions were received regarding the proposed rates or rating structure.

Table 2 - Ordinary Rates

Category	Rate in the $ (based on land value)	Minimum Rate $	Base Amount $	Base Amount %	% of Total Rate	Yield $
Residential	0.00154321		496	46	87.59	59,019,721
Farmland	0.00140017		496	28	0.80	539,054
Business	0.00528119	525			6.86	4,622,383
Business - Hornsby CBD	0.01193706	525			4.75	3,200,633
Total					100	67,381,790

Table 3 - Catchments Remediation Rate

(NB. There are no minimum or base amounts in respect of this rate)

Category	Rate in the $ (based on land value)	Yield $
Residential	0.00014219	2,949,240
Farmland	0.00009763	26,935
Business	0.00027758	230,979
Business – Hornsby CBD	0.00059866	159,933
Total		3,367,087

Table 4 - Hornsby Quarry Loan Rate

Category	Rate in the $ (based on land value)	Base Amount $	Base Amount %	Yield $
Residential	0.00007467	24	46	2,855,763
Farmland	0.00005324	37	44	26,084
Business	0.00013746	53	49	223,669
Business – Hornsby CBD	0.00031731	138	45	154,874
Total				3,260,390

Total Rates Levied $74,009,267

Eligible Pensioner Rebates

In line with statutory requirements, eligible pensioners across NSW are entitled to a $250 reduction in the ordinary rates and domestic waste management services that are payable to their councils in respect of their properties. Council currently provides for a rebate to eligible pensioners of $280 which is $30 above the statutory requirement. This includes an amount of $10 for the Hornsby Quarry Rate and $20 for the IPART approved special rate increase for the 2011/12, 2012/13 and 2013/14 financial years.

While the special rate variation increase period has been completed, it is proposed that Council extends the $20 pensioner rebate for a further year. At the end of the 2014/15 period, this rebate may require further consideration particularly having regard to the Commonwealth Government’s removal of its support for pensioner rate rebates as part of its 2014/15 Budget.

CONSULTATION

Council engaged its community in discussing a preferred future for the Shire which resulted in Council’s first Community Strategic Plan being adopted in 2010. The pages titled ‘Your Involvement’, pp26-27, outline the lengthy consultations undertaken in the preparation of Your Community Plan 2013–2023. The 2014/15 Operational Plan (including the Budget and Fees and Charges) has been prepared after detailed discussions with relevant staff, consideration by Council and public exhibition of draft proposals. Councillors were provided with a briefing on the contents of the draft documents on 19 March 2014.

Publicity about the Plan included advertisements in three local newspapers, the newsletter delivered to 47,000 households with the April 2014 rates instalment, the May 2014 monthly enewsletter database of 6,000 as well as prominent signage at Council’s five libraries and Administration Centre reception area. All users of Council’s child care services, regular hirers of Council’s community centres and sporting associations were advised of the proposed fee increases for 2014/15. Prospective hirers of Crosslands Reserve were advised in writing of a typographical error in the Fees and Charges document and the period for submissions was extended to ensure adequate opportunity for comments to be received.

BUDGET

The publicly displayed draft 2014/15 Annual Budget included an estimated surplus of $143K after allowing for a transfer of $8 million towards funding a Section 94 funding gap (of approximately $19 million) identified in Council’s 2012-2021 Section 94 Development Contributions Plan. This is consistent with Council’s goal to maintain prudent financial management of its finances and to allocate financial surpluses towards key strategic issues. This estimated surplus has been achieved without the need to undertake external loan borrowing.

Over the past five years, considerable savings have been made by not providing for any increase in non-salary related operating budgets, i.e. no increases in the costs associated with plant, materials, etc. Any increases in these areas have needed to be met by efficiency and other gains across Council in those years. Further changes to the budget while on public display include a revised estimate for Section 94 contributions to be received over the 2014/15 financial period. Approximately $8 million additional Section 94 funds are anticipated to be received next financial year that will be spent over future years in accordance with the Section 94 Development Contributions Plan.

POLICY

The Delivery Program 2013-17 is Council’s principal instruction to the organisation and the underlying annual Operational Plans allocate resources and contain the detail on what will be done to implement the Delivery Program.

CONCLUSION

The 2014/15 Operational Plan including the Budget and Fees and Charges for that year encompass the priorities and expected levels of service voiced by the community. Council will respond by providing services in a prudent and financially viable manner. Once adopted, the 2014/15 Operational Plan (including the Budget and Fees and Charges for 2014/15) will be distributed electronically and in hard copy to Councillors, staff and interested persons.

RESPONSIBLE OFFICER

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

Gary Bensley

Deputy General Manager

Corporate Support Division

Scott Phillips

General Manager

General Manager's Division

Attachments:

There are no attachments for this report.

File Reference: F2013/00651

Document Number: D03012569

Group Manager’s Report No. PL28/14

Planning Division

Date of Meeting: 11/06/2014

12 DEVELOPMENT APPLICATION - FIVE STOREY RESIDENTIAL FLAT BUILDING COMPRISING 25 UNITS - 10 AND 12 LORDS AVE, ASQUITH

EXECUTIVE SUMMARY

DA No:	DA/1433/2013 (Lodged 20 December 2013)
Description:	Demolition of existing structures and erection of a five storey residential flat building comprising 25 units with basement car parking and strata subdivision.
Property:	Lot 32 and 33 DP 12901, Nos. 10 and 12 Lords Ave, Asquith
Applicant:	Araluen Group Pty Ltd
Owner:	Mr Andrew Murray Hall and Mrs Veronica Cecilia Hall Ms Aila Mushtaq Khan
Estimated Value:	$6,860,000
Ward:	A

· The application proposes demolition of existing structures and erection of a five storey residential flat building comprising 25 units with basement car parking and strata subdivision.

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

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

· It is recommended that the application be approved.

RECOMMENDATION

BACKGROUND

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

SITE

The site comprises two allotments, Nos. 10 and 12 Lords Avenue and is located on the eastern side of the street, with the nearest cross street being Amor Avenue to the south. The site is irregular in shape with an area of 1,486m². The site has a frontage to Lords Avenue of 32.5m and average depth of 48.755m. The site has a gentle slope of 4.4% from the front, south-western corner to the rear, north-eastern corner.

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.

The site comprises a number of exotic and native planted trees located predominately at the rear of the site with the exception of a significant Sydney Red Gum (Angophora Costata) tree that is located at the front, north western corner of 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, including the adjoining northern property at Nos. 14-16 Lords Ave, Asquith.

The site is located in close proximity to Asquith Railway Station and the Asquith Commercial Centre.

PROPOSAL

The proposal involves the demolition of existing structures on 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 4 x 1 bedroom, 15 x 2 bedroom and 6 x 3 bedroom units. The units would be accessed via a centrally located lift and include balconies that face the front, rear and side property boundaries.

The development would be accessed from Lords Avenue via a driveway located adjacent to the northern property boundary. A total of 27 residential car parking spaces, including 4 visitors parking spaces are proposed in two basement levels.

ASSESSMENT

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

1. STRATEGIC CONTEXT

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

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

The North Subregion comprises Hornsby, Kuring-gai, Manly, Warringah and Pittwater Local Government Areas. The Draft North Subregional Strategy acts as a framework for Council in its preparation of the 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 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 R4 (High 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 high density residential environment.

(b) To provide a variety of housing types within a high density 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 is a high density residential development and complies with the zone objectives. The proposed development is defined as a “Residential flat building” under the HLEP and is permissible in the zone with Council’s consent.

2.1.2 Height of Buildings

2.1.3 Heritage Conservation

Clause 5.10 of the HLEP sets out heritage conservation provisions for Hornsby Shire. The site is located in the vicinity of property No. 419 Pacific Highway (House) which is listed as a heritage item of local significance under Schedule 5 (Environmental Heritage) of the HLEP. The proposed development would not have an impact on the heritage significance of the item as the heritage item fronts the Pacific Highway and is separated from the subject site by an approved residential flat building at Nos. 14 – 16 Lords Avenue.

2.2 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.

2.3 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.

2.3.1 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 Asquith commercial centre. The desired future character of the area, as outlined in the Hornsby Development Control Plan (HDCP), is that of a high density residential precinct incorporating five storey developments in garden settings with parking in basements.

The submitted ‘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 be consistent with development on surrounding sites and would be in keeping with the desired built form. 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.

2.3.2 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.

2.3.3 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 a juxtaposition of vertical planes with appropriate building indentations and balcony projections. The materials proposed are a combination of face brickwork, masonry, aluminium and glass. A predominately flat roof with low pitched roofs above the pavilion forms and an increased top storey setback would minimise bulk and scale of the building. The proposal complies with the built form principle of SEPP 65.

2.3.4 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 HLEP 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 acceptable in terms of density.

2.3.5 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.

2.3.6 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. The proposal would retain 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. A 0.9m – 1.2m high solid steel infill fence is proposed along the front property boundary which is complementary to the proposed landscaping. Deep soil zones are provided around the building envelope to the north, front and rear which would enhance the natural environmental performance of the development and provide an appropriate landscaped setting.

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

2.3.7 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. Subject to conditions, appropriate storage areas would be provided in each unit. This is addressed in Section 2.4.6. 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.

2.3.8 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. Although a formal Crime Risk Assessment was not submitted with the application, the proposed design provides for secure entries and the passive surveillance of the public domain from both the ground level and upper level residential apartments. Appropriate conditions of consent for building security are recommended for the safety and security of the proposed development. Subject to the imposition of conditions, the proposal is supported in respect of safety and security.

2.3.9 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 HDCP 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.

2.3.10 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 consistent with the design principles contained within the RFDC and HDCP. 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 2.10 of this report.

2.4 SEPP 65 - Residential Flat Design Code

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

Residential Flat Design Code
Control	Proposal	Requirement	Compliance
Deep Soil Zone	30%	Min 25%	Yes
Communal Open Space	30%	25-30%	Yes
Ground Level Private Open Space	25m² Min Dimension <4m	25m² Min Dimension 4m	Yes No
Minimum Dwelling Size	1 br – 55.7m² 2 br – 79.8m² 3 br – 100.5m²	1 br – 50m² 2 br – 70m² 3 br – 95 m²	Yes Yes Yes
Unit Depth and Maximum Kitchen Distance	8.5m - 9m (U3,5, 8, 10, 11,14, 16, 17,20, 22 & 23)	8m	No
Minimum Balcony Depth	2m	2m	Yes
Ceiling Heights - Residential Floors	2.7m	2.7m (Min)	Yes
Total Storage Area	1 br - > 6m³ 2 br - > 8m³ 3 br - > 10m³ All units contain less than 50% of internal storage areas accessible from the apartments Basement Storage Area = 447.8m³	6m³ (Min) 8m³(Min) 10 m³ (Min) 50% accessible from the apartments Basement Storage Area required (204m³)	Yes Yes Yes No Yes
Dual Aspect & Cross Ventilation	18/25 = 72%	60%	Yes
Adaptable Housing	32% (8/25)	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.

2.4.1 Building Separation

The proposed building depth and the design of the building facades are in accordance with the requirements of the HDCP as discussed in Section 2.10. 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 northern and southern façades of the proposed development do not comply with this requirement. The matter is discussed in Section 2.10 of this report.

2.4.2 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. Notwithstanding, the proposed ground floor terraces and balconies are considered appropriate for the respective ground floor units in respect to dwelling size, aspect, unit configuration and amenity. Furthermore, the non-compliance is in response to the requirement of the HDCP for communal open space to provide a landscape setting for the development.

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

2.4.3 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 corner units would be provided with dual aspect balconies.

Units 3, 8, 14 and 20 would not comply with the 8m depth limitation from a window as prescribed by RFDC in that the depth of the single aspect units are 8.7m from a window. However, the minor non-compliance is considered satisfactory given that the units still achieve good environmental performance and amenity outcomes for residents.

The RFDC requires that the back of a kitchen should be no greater than 8m from a window. Of the 25 units proposed, 11 units contain kitchens where the back wall is up to 9m from a window. These units offer an open layout with natural light and ventilation. Accordingly, the minor non-compliance is acceptable with respect to residential amenity.

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

2.4.4 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 foyer also provides direct, level access to the communal open space at the rear of the site.

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

2.4.5 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.

2.4.6 Storage

The storage areas are provided at the basement levels and additional storage areas are also provided within the apartments. Although the space provided in the basement exceeds that required by the RFDC, the plans and area schedule submitted do not denote that 50% of internal storage areas are accessible from the apartments as prescribed under the RFDC. 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.

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

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

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

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

2.7 State Environmental Planning Policy (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. 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 RMS is not required.

2.8 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.

2.9 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.

2.10 Hornsby Development Control Plan 2013

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

Hornsby Development Control Plan 2013
Control	Proposal	Requirement	Compliance
Site Width	32.5m	30m	Yes
Height	5 storeys – 17.1m	5 storeys – 17.5m	Yes
Lowest Residential Floor Above Ground	1.1m (NE corner)	Max - 1.5m	Yes
Height of Basement above ground	<1m	Max – 1m	Yes
Maximum Floorplate Dimension	31m (E -W) 21.5m (N - S)	35m	Yes
Building Indentation	4m x 4.2m (southern side) 4m x 4m (northern side)	4m x 4m	Yes Yes
Front Setback (Lords Avenue)	10m 8m (for 5.5m length) < 1/3 frontage 6m-7m (balconies)	10m 8m < 1/3 of frontage (6m length) 7m (balconies)	Yes Yes No
Rear Setback	7-10m 8m (for 2m length) < 1/3 frontage 6m (balconies)	10m 8m < 1/3 of frontage (7.2m length) 7m (balconies)	No Yes No
Northern Side Setback	6m 4m (for 7m length)< 1/3 frontage 3.5m - 4m	6m 4m < 1/3 frontage 4m (balconies)	Yes Yes No
Southern Side Setback	6m 4m (for 16.4m length) < 1/3 frontage 4m (balconies)	6m 4m < 1/3 frontage(10.3m) 4m(balconies)	Yes No Yes
Top Storey Setback From Ground Floor	North - 1m for a building length of 14m East – 0.5m for a length of 1.25m, 1m for a length of 2.25m length & 1.5m for a length of 1m South – 1m for a length of 4.5m	3m additional	No
Basement Parking Setback	7.4m front 7m rear 2.5m - 4m southern side 4m northern side	7m front 7m rear 4m sides 4m sides	Yes Yes No Yes
Basement Ramp Setback	2m	2m	Yes
Parking	27 resident spaces 4 visitor spaces Whilst unspecified, 5 bicycle racks could fit in basement. 3 bicycle visitors spaces on ground level	27 resident spaces 4 visitor spaces 5 bicycle spaces in the basement and 3 bicycle visitors spaces	Yes Yes Yes
Deep Soil Landscaped areas	Front 5m -7m wide Rear 6m - 7m wide Northern side – 4wide Southern Side – 2.5m - 4m wide	7m wide 7m wide 4m wide 4m wide	No No Yes No
Private Open Space with Min Width 2.5m	1 br units = 10m² 2 br units (U6, 9 -12) = 6m² 3 br units = 16m²	1 br units 10m² (min) 2 br units 12m² (min) 3 br units 16m² (min)	Yes No Yes
Communal Open Space with minimum dimension 2.5m	30%	25%	Yes
Solar Access	70%	70%	Yes
Housing Choice	1 br unit - 16% 2 br unit - 60% 3 br unit - 24%	10% of each type (min) 10% of each type (min) 10% of each type (min)	Yes Yes Yes
Adaptable Units	8/25 = 32%	30%	Yes

As detailed in the above table, the proposed development does not comply with the prescriptive measures within the HDCP regarding setbacks, parking, landscaped areas and private open space with minimum width of 2.5m. The matters of non-compliance are detailed below, as well as a brief discussion regarding the desired outcomes and the prescriptive measures.

2.10.1 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 landscaped settings with underground car parking. The proposal complies with the desired outcome for the precinct.

2.10.2 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 2.3 and 2.4.

2.10.3 Site Requirements

The HDCP requires sites to have a minimum frontage of 30 metres. The subject site has a frontage of 32.5m to Lords Avenue and complies with this requirement. The proposal would not result in an isolated site or compromise development in accordance with the HDCP.

2.10.4 Height Requirements

The proposed building complies with the 17.5 metre maximum height limit. The proposed basement car park would not project more than 1m above finished ground level. Accordingly, the proposed development is satisfactory in respect to the five storey built form.

2.10.5 Setbacks

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

Front (Western) Setback

The front building setback is 8.5m to 12.5m and complies with the HDCP requirement that the minimum building front setback of 10m, which can be reduced to 8m for a maximum of 1/3 of the building width. The majority of balconies comply with the 7m front balcony encroachment except for a 2m length off the balcony serving the living area of Unit 1 which results in a further encroachment of a metre. However, due to the parallelogram shape of the site, the proposal incorporates an angled front boundary.

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. Additionally, the buildings are considered to be well articulated and capable of incorporating landscaping and open space, the non-compliance is considered minor in nature and satisfies the intent of the Setbacks measure.

Northern Side

The north facing primary living areas and balconies on levels 1-3 encroach within the 6m side boundary setback which does not comply with the requirements of the RFDC and HDCP. However, privacy mitigation measures such as the incorporation of privacy screens and highlight windows are proposed for those sections of the balconies, which would have a setback of 3.5m-4m from the boundary.

The north facing living areas and balconies on the top level encroach within the required setback of 9m. However, the trafficable areas on the balconies are at least 6m from the northern property boundary with 1m wide planter boxes proposed along the edges. In addition, 1.8m high sliding privacy screens are proposed along the planter boxes to mitigate overlooking impacts to adjoining properties.

The proposed setbacks on the northern side are assessed as satisfactory with regard to the HDCP 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 HDCP. 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. Notwithstanding, the windows on this elevation are either highlight windows with 1.5m high sills or contain vertical louvered privacy screens which would mitigate overlooking impacts to adjoining properties. In addition, the south elevation incorporates a 4m x 4m indentation, horizontal and vertical blade walls, interesting fenestration and wrap around balconies, the façade is considered to be well articulated and the non-compliance is considered acceptable. 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.

The emergency exit stairways from the basement on the south eastern and south western corners of the building encroach into the southern side setback by 1.5m reducing the setback to 2.5m. The encroachment is for a length of 5.5m and 7m respectively and is considered minor as the proposed development complies with the provision of deep soil planting within the front, side and rear setbacks.

The ground floor balcony adjoining unit 5 has a 3m setback from the southern side boundary resulting in non-compliance with the prescriptive measures of the HDCP. However, the extent of hard stand areas is confined to the southern side of the site and reasonable provision has been made for deep soil areas to accommodate mature canopy trees, within the front, rear and northern side setback.

Additionally, the balconies on the southern side adjoining the units on the top floor would have a setback of 4m from the boundary. The setback from trafficable areas on the balconies are only 5m from the southern property boundary with 1m wide planter boxes proposed along the edges. Whilst 1.8m high movable privacy screens are proposed in the middle of the balconies serving bedroom 1 in both units 24 and 25, they would do little to alleviate overlooking impacts from occupants standing on the balcony. In this regard, to ensure that overlooking impacts from future developments on adjoining properties are mitigated, a condition is recommended that the balconies are further setback 1m to allow a 6m setback from trafficable areas on the balconies and 1.8m high privacy screens are to be erected along the planter boxes. The design of the future developments adjoining the subject site on the southern side would need to ensure that a 12 - 18 metre building separation is maintained between habitable rooms/balconies or else privacy devices provided.

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

Eastern Side (Rear)

The rear setback presents a non-compliance with the HDCP requirements. Due to the irregular shape of the site the proposal does not achieve the numerical requirement of a 10m setback which can be reduced to 8m for a maximum of 1/3 of the building width. However, the proposal has been adopted to increase the functional amenities of the apartment’s layout due to the irregular shape of the site and the average of the rear setback complies with the numerical control.

The proposal includes an articulated façade which incorporates balconies fronting the common open space. The rear facing balconies have a 6m – 8m setback from the rear property boundary resulting in non-compliance with the prescriptive measures of the HDCP. However, the encroachment within the rear setback does not impact on the provision of deep soil planting and common open space for the rear of the site which meets the intent of the control. The units provide open, useable terrace areas and provide for the amenity of future occupants and accordingly meet the desired outcome for a five storey residential flat building. It is considered that the numerical non-compliances with respect to balcony setbacks are minor and acceptable on merits.

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 and is considered to be acceptable.

Top Storey Setback

The majority of the building incorporates a 3m building setback for the top storey on the western and eastern sides. However, the building only incorporates a 1m additional setback for a length of 14m for the top storey on the northern side, a 0.5m – 1.5m additional setback for a length of 4.5m on the eastern, rear side and a 1m additional setback for a length of 4.5m on the southern side which does not comply with the numerical requirements of the HDCP. However, this is considered negligible as the overall articulation of the building has been assessed as satisfactory under Section 2.10.7 and these non-compliances are located on the side and rear elevations and are not visible from the street. The top storey setbacks generally comply with the numerical requirements of the HDCP. The proposal would contribute to a well articulated building form and is therefore considered to be acceptable.

Letterboxes

The letterboxes would be setback 0.6m from the front property boundary. The proposal setback would not allow sufficient space for screen plantings. A condition is recommended that the letterboxes be relocated at least 2m from the front property boundary. With this condition, the proposal is considered acceptable.

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.

2.10.6 Deep Soil Landscaping

The landscaping provisions of the HDCP 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 does not comply with these controls in that balconies encroach within the front and rear setbacks by 1m and a courtyard and emergency stairs exists on the southern side encroach a further 1.5m.

The minor balcony encroachment to the front landscaped areas exists within unit 1 which has a front setback of 6m for a length of 2m. This has been designed as a result of the splayed nature of the site, to provide a useable terrace area for the future occupants of unit 1. Notwithstanding, the proposed development achieves the required area of open space and provides a useable space easily accessible to future occupants. The minor non-compliance is acceptable in this regard.

Similarly, the balcony encroachments to the rear landscaped area have a setback of between 6m – 8m. As indicated in Section 2.10.5, these encroachments do not impact on the provision of deep soil planting and common open space for the rear of the site which meets the intent of the control.

The location of the emergency stairs on the south eastern corner and the south western corner of the of the building and the courtyard off Unit 5 results in a non-compliance with the 4m side landscaping requirement from the southern side boundary. However, the extent of hard stand areas are confined to the southern side of the site and reasonable provision has been made for deep soil areas to accommodate mature canopy trees, within the front, rear and northern side setback and achieves an appropriate landscape setting. In this regard, the non-compliances are considered to be acceptable.

Above ground on-site detention (OSD) tanks are to be provided at the front of the site within the deep soil area. The tanks have 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, the front landscaped areas include turf and planting areas. Additional landscape screening and a 1m – 1.2m high concrete and a steel infill fence 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.

2.10.7 Building Articulation

Indentation

The proposed building has a maximum floorplate of 31m which complies with the required maximum floorplate length of 35m in the HDCP. The proposal includes a 4m x 4m indentations on the northern and southern façades which complies with the HDCP.

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 for a 11.5m panel on the southern elevation. However, this panel has been visually separated by a vertical blade projection across the alignment of the exterior wall and the overall southern façade achieves the desired articulation.

· The façade treatment, interesting fenestration, protruding balconies, vertical and horizontal blade walls and panels, stepped levels of the building, flat roof and large proportion of openings including clerestory windows at the topmost storey minimises the bulk and scale and would contribute to the streetscape.

· The building would incorporate a varied use of finishes including face brickwork, cement render, stonework, glass and masonry balustrades, planter boxes on balconies and contemporary colours.

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

2.10.8 Open Space

The proposed communal open space areas comply with the prescriptive area requirements and a principal communal open space area of at least 50sqm with a minimum dimension of 4m has been provided at the rear of the site. The principal communal open area would receive 2 hours of sunlight between 9am – 3pm during mid winter and can be accessed from the foyer via an entry door centrally located on the southern side of the building which provides convenient access from all dwellings. In addition, passive surveillance from rear facing balconies results in high visibility.

The majority of proposed private open space areas achieve the prescriptive area requirements apart from 3 out of 25 units. Units 6, 12 and 18 have an open space area of 6m² for a minimum width of 2.5m. However, the overall area is 12m² and the layout proposed could incorporate the provision of outdoor seating furniture and activities and an area for clothes drying. As such, the non-compliance is considered to be acceptable.

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.

2.10.9 Privacy and Security

Given the orientation of the site, and the site constraints derived from an irregular shaped allotment, 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 HDCP. 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.

In terms of security, the proposal comprises an identity safe, clear and direct pedestrian and cyclist entrance to the centrally located foyer of the building from Lords Avenue. A separate pedestrian entry is also located along the southern property boundary. Passive surveillance is achieved by the orientation of private open space and living room windows of units being oriented to the street and rear, communal open spaces on the site.

The proposal complies with the privacy and security requirements of the RFDC and HDCP and would not compromise the privacy of future occupants or adjoining neighbours.

2.10.10 Sunlight and Ventilation

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 70% of the units would receive a minimum 2 hours solar access between 9am and 3pm during the Winter Solstice. Based on Council’s assessment, the proposal would comply with the sunlight access requirements for units under the HDCP and is acceptable in this regard.

The solar access diagrams submitted with the application demonstrate the overshadowing impacts of the development to adjoining properties at 9am, 12pm and 3pm on June 21. The proposed building would overshadow the southern adjoining property at No. 8 and 8B Lords Avenue between 9am and 3pm and the eastern adjoining property at No. 413 Pacific Highway between 12pm and 3pm. However, the north facing windows on the western half of the southern adjoining site (No. 8 Lords Avenue) would maintain solar access between 1pm and 3pm. The potential five storey developments on the southern and eastern sides would be required to demonstrate compliance with the solar access and setbacks requirements for five storey developments governed by the RFDC and the HDCP. This would be assessed in future applications.

2.10.11 Housing Choice

The proposed development includes a mix of one, two and three bedroom units and adaptable housing units which complies with the prescriptive measures. Eight out of 25 units are proposed as adaptable units which exceed the 30% requirement of the HDCP. The proposal complies with the prescriptive measures of the HDCP and the RFDC.

2.10.12 Vehicle Access and Parking

The proposed car parking complies with the required spaces for residents and visitor spaces and provides for 1 motor cycle space. The proposed basement car park is over two levels and is accessed via a 6.1m wide driveway from Lords Avenue. 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, however the details including the number of spaces are unclear. A condition is recommended for the provision of 5 resident bicycle spaces in accordance with the revised controls for transport and parking under the HDCP. Twelve visitors bicycle spaces are indicated on the ground floor plan which complies with the 1 space per 10 dwellings requirement of the HDCP.

2.10.13 Stormwater Management

The development proposes to connect to Council’s drainage system located in Lords Avenue via two above ground on-site detention (OSD) systems located at the front of the site to control the discharge of water from the site. Council’s engineering assessment concludes that subject to conditions recommended in Schedule 1, the OSD and stormwater management system would minimise the effects of flooding and maintain natural environmental flows. Additionally, subject to sediment and erosion control measures being implemented on site during construction, the proposal would comply with the desired outcomes of the HDCP.

2.10.14 Waste Management

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 condition No. 22 included in Schedule 1 of this report.

A garbage chute and a recycling bin is 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. A 5 x 240 L bin carousel is shown on the plans and is considered acceptable.

The proposal provides a bin collection area, with dimensions 3.9m x 1.7m, on the northern side of the driveway easily accessible by the waste collection vehicle. A bulky waste storage area has been provided next to the driveway at ground level. 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 the HDCP.

2.10.15 Accessible Design

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

Subject to recommended conditions, the application is assessed as satisfactory with regard to the HDCP.

2.10.16 Tree and Vegetation Preservation

The proposed development includes the removal of 1 significant tree (tree No. 1, Sydney Red Gum Angophora Costata). Subject to conditions requiring replacement planting, the removal of this tree is considered to be satisfactory. This is addressed under Section 3.1 of this report.

2.11 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 proposed development would necessitate the removal of nine trees from the site. One of the trees to be removed (tree No. 1, Sydney Red Gum Angophora Costata) is identified as ‘significant’. However, this tree is located 5m inside the front property boundary and would be impacted upon by the driveway and basement car park that services the five storey development in accordance with the HDCP. No objection is raised to the removal of this tree subject to replacement planting of 3 medium to large trees selected from Council’s booklet ‘Indigenous Plants for the Bushland Shire.

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 2.10.6 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.

The proposal is acceptable in relation to the natural environment.

3.1.2 Stormwater Management

The development proposes to connect to Council’s drainage system located in Lords Avenue via two above ground on-site detention (OSD) systems located at the front of the site. Council’s engineering assessment concludes that the OSD systems are 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 Traffic generation rates. The traffic generation of the proposal is estimated to be 14 vehicles per hour in the peak period, which is negligible in comparison with the traffic volumes on the surrounding road network. A condition of consent is recommended for the payment of a Section 94 Contribution which would contribute to funds to implement the recommended traffic improvements for the precinct as identified in the HDCP.

Council’s traffic assessment does not raise any objection to the proposed development on traffic and safety grounds. The proposal is acceptable in this respect.

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 16 January 2014 and 29 January 2014 in accordance with Council’s HDCP. During this period, Council received 2 submissions. The map below illustrates the location of those nearby landowners who made a submission that are in close proximity to the development site.

NOTIFICATION PLAN

• PROPERTIES NOTIFIED

X SUBMISSIONS

RECEIVED

PROPERTY SUBJECT OF DEVELOPMENT

Two submissions object to the development. One of the submissions related to the adjoining five storey development at Nos. 14 - 16 Lords Avenue, Asquith for DA/899/2013. The concerns raised have already been addressed in that application. The other submission objects to the development generally on the grounds that the development would result in:

· Detrimental visual amenity impacts;

· Unacceptable overshadowing of adjoining properties;

· Unacceptable privacy impacts to adjoining properties;

· Traffic and Noise impacts;

· Negative impact on surrounding flora and fauna and wildlife;

· Detrimental impacts to the value of adjoining properties.

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

One submission raises concern that the development would overshadow the existing dwellings to the rear of the site, including No. 415 Pacific Highway.

The submitted shadow diagrams demonstrate that the private open space area at No. 415 Pacific Highway would receive an additional hour of overshadowing between 9am and 3pm, during the Winter Solstice. No additional overshadowing impacts would occur to the north facing windows of the existing dwelling house at No. 415 Pacific Highway between 9am and 3pm, during the Winter Solstice. The properties fronting Pacific Highway form part of the Lords Avenue High Density Housing Precinct and are likely to be subject to future development.

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 Part 3.4 of the Hornsby Development Control Plan. 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.

No further assessment in this regard is necessary.

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

CONCLUSION

The application 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 Hornsby Development Control Plan and would contribute to the future desired five storey residential character of the precinct. The minor non-compliance with prescriptive measures for setbacks, private open space 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 and Basement Plan
4.View	Elevation Plans
5.View	Shadow Plan

File Reference: DA/1433/2013

Document Number: D02887222

SCHEDULE 1

GENERAL CONDITIONS

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

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

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

1. Approved Plans and Supporting Documentation

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

Plan No.	Plan Title	Drawn by	Dated
2301 Sheet 01 Rev E -	Site/Roof Plan	Innovative Architects	May 2014
2301 Sheet 02 Rev E -	Basement 2 Floor Plan	Innovative Architects	May 2014
2301 Sheet 03 Rev E -	Basement 1 Floor Plan	Innovative Architects	May 2014
2301 Sheet 04 Rev E -	Ground Floor Plan	Innovative Architects	May 2014
2301 Sheet 05 Rev E -	Levels 1-3 Floor Plan	Innovative Architects	May 2014
2301 Sheet 06 Rev E -	Level 4 Floor Plan	Innovative Architects	May 2014
2301 Sheet 07 Rev E -	Elevations (West and South)	Innovative Architects	May 2014
2301 Sheet 08 Rev E -	Elevations (East and North)	Innovative Architects	May 2014
2301 Sheet 09 Rev E -	Section A-A	Innovative Architects	May 2014
2301 Sheet 10 Rev A -	Shadow Diagrams	Innovative Architects	December 2013
D1-D4 Issue A	Stormwater Plan	Storm Civil Engineering Solutions	16 December 2013
1145 Issue A/1	Landscape Plan	Site Design +Studios	19 December 2013

Document Title	Prepared By	Date
Statement of Environmental Effects	Planning Ingenuity	19 Dec 2013
Basix Certificate No. 522086M_02	Efficient Living	19 May 2014
Access Report	Accessible Building Solutions	18 Dec 2013
Design Verification Statement	Innovative Architects	18 Dec 2013
Schedule of Finishes	Annette Bennett	19 Dec 2013
Waste Management Plan	Scott Soames	20 Dec 2013
Solar Access Table and Diagrams	Innovative Architects	Received on 24 Mar 2014
Schedule of Area	Innovative Architects	Received in May 2014
Tree Report	Bolans Tree Service Trust P/L	12 Mar 2104
Traffic and Parking Report	Solution Traffic Engineer	Dec 2013
SEPP 65 Design Quality Principles	Innovative Architects	Dec 2013

2. Removal of Existing Trees

This development consent only permits the removal of trees numbered 1,3,6,8,9,11,13,14,15 as identified on Amended Architectural Plans (D0284300) prepared by Innovative Architects dated 24 March 2014. 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 Landscape plan listed in Condition 1 is to be amended in accordance with the site layout as approved in “2301 Sheet 04 Rev C - Ground Floor Plan drawing by Innovative Architects dated March 2014.

b) The approved floor plans titled 2301 Sheet 04 Rev C – Ground Floor Plan, 2301 Sheet 05 Rev C – Levels 1-3 Floor Plan and 2301 Sheet 06 Rev C – Level 4 Floor Plan prepared by Innovative Architects dated May 2014 and listed in Condition 1 of this development consent, are to be amended to include an internal storage area for all units. The storage areas must have a minimum volume of 2m³ for 1 bedroom units, 4m³for 2 bedroom units and 5m³for 3 bedroom units in accordance with the requirements of the RFDC.

c) The approved floor plan titled 2301 Sheet 06 Rev C – Level 4 Floor Plan prepared by Innovative Architects dated May 2014 is required to be amended to provide privacy mitigation measures for future occupants on the southern adjoining property. The following measures are to be provided:

i) The trafficable areas of balconies are required to be setback at least 6m from the southern side property boundary.

ii) 1.8m high privacy screens are required to be erected along the southern side of the balcony.

d) The letterboxes are to be setback at least 2m from the front boundary and be screened by plantings.

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 through 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	$27,075.70
Open Space and Recreation	$293141.30
Community Facilities	$41092.80
Plan Preparation and Administration	$1175.20
TOTAL	$362,485

being for 4 x 1 bedroom units, 15 x 2 bedroom units and 6 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 the 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. Swept Path Analysis

A swept path analysis for the SRV garbage vehicle reversing into the site and departing in a forward direction shall be submitted in accordance with AUSTROADS. The analysis is to assume vehicles are parked in Lords Avenue.

15. Driveway

The driveway between the property and Lords Avenue is to be constructed perpendicular to the road alignment.

16. Construction Vehicles

All construction vehicles associated with the proposed development are to be contained on site as no construction zones will be permitted on Lords Avenue in the vicinity of the site.

17. Construction Traffic Management Plan

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

18. Car Parking

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 requirements:

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.

19. Parking for People with Disabilities

All parking for people with disabilities is to comply with AS/NZS 2890.6:2009 Off-street parking for people with disabilities.

20. Bicycle Parking

At least 5 resident bicycle spaces are to be provided in the basement car park. Bicycle parking spaces are to be designed in accordance with AS 2890.3-1993.

21. Motorcycle Parking Spaces

Motorcycle parking spaces are to be designed in accordance with AS 2890.5-1993.

22. Waste Management Details

The following waste management requirements must be complied with:

a) The waste collection area needs to be increased in area to 4.0 m wide by 1.6 m deep.

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

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

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

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

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

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

23. 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.

24. 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.

25. 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.

26. 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.

27. Tree Protection Barriers

Tree protection fencing must be erected around trees numbered 2,5,10 to be retained at a 4 metre setback. The Tree Protection Zones for all trees on site have been incorrectly calculated based on the Australian Standard AS 4970-2009.

To avoid injury or damage, trees numbered 2,5,10 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.

a) Tree Protection Zones (TPZ) of trees proposed for retention shall be fenced in accordance with AS 4970-2009 and as advised by the appointment project Arborist. The tree fencing must be constructed of 1.8m ‘cyclone chainmesh fence’ or star pickets spaced at 2m intervals, connected by a continuous high-visibility barrier/hazard mesh at a height of 1m. The fencing will assist in ensuring that no excavation, filling, or stockpiling of building materials, parking of vehicles or plant, disposal of cement slurry, waste water or other contaminants is to occur within the TPZ of any tree and adjoining bushland to be retained.

b) A certificate from the project Arborist (AQF 5) is to be submitted to the Principal Certifying Authority stating that all tree protection measures are in accordance with AS 4970-2009 (Section 4) prior to commencement of works.

REQUIREMENTS DURING CONSTRUCTION

28. 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.

29. 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.

30. 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.

31. Street Sweeping

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

32. Works Near Trees

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

All works (including driveways and retaining walls) within the nominated Tree Protection Zones 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).

a) All required tree protection measures are to be maintained in accordance with AS 4970-2009 (Section 4) for the duration of the construction period.

b) Should the excavation of any underground services (i.e. drainage/sewer/stormwater) be approved within the specified TPZ of tree to be retained on the subject property or neighbouring property, excavation by hand ONLY shall be undertaken.

c) Excavation works near trees must be carried out under the supervision of the Project Arborist.

d) Tree sensitive construction techniques such as pier and beam construction and hand excavation are to be undertaken for all works within the TPZ’s of any tree to be retained. Tree Protection Fencing (as specific in Condition 11 above) must be maintained during the entire construction period.

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

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.

33. 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.

34. 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.

35. 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.

36. 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.

37. 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.

38. Survey Report – Finished Floor Level

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

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

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

39. Contamination During Construction Works

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

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.

40. Fulfilment of BASIX Commitments

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

41. Sydney Water – s73 Certificate

An s73 Certificate must be obtained from Sydney Water.

42. Maintain Canopy Cover

To maintain canopy cover, 3 medium to large trees selected from Council’s booklet ‘Indigenous Plants for the Bushland Shire’ such as Syncarpia glomulifera, Angophora costata, Eucalyptus gummifera are to be planted on the subject site. The planning location shall not be within 4 metres of the foundation walls of a dwelling or in-ground pool. The pot size is to be a minimum 25 litres and the tree(s) must be maintained until they reach the height of 3 metres. Trees must be native to Hornsby Shire and reach a mature height greater than 20 metres.

43. Garbage Collection Easement

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

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

44. 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, and must be lockable. The waste facility cupboards 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.

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

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

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

Note: Ramps between the different levels are acceptable

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

Note: Caging of the volume handling equipment is acceptable.

45. 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 following requirements:

a) Connected directly to Council’s drainage system (pipe/gutter) via an on site detention system.

b) Be designed by a qualified Hydraulic Engineer.

46. 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) of 5 years predevelopment rate.

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.

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

47. Vehicular Crossing

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

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

b) The footway area must be restored by turfing;

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

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

48. 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;

49. Road Works

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

a) Concrete footpath to be replaced along the frontage of the development. The nature strip on both sides of the footpath shall be repaired, top soiled and turfed.

b) The existing kerb and gutter along the frontage of the development are to be replaced if damaged during development works. The existing road pavement to be saw cut a minimum of 300mm from the existing edge of the gutter reconstructed.

c) A Construction Certificate application is to be submitted to Council for replacement of footpath and kerb and gutter (if required to be replaced that will be checked).

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

50. 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.

51. Works as Executed Plan

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

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. 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.

54. Planter Boxes / On Slab Planting

On slab planter boxes must include waterproofing and subsoil drainage (proprietary drainage cell, 50mm sand and filter fabric) and 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.

55. Tree Planting

Tree planting to the Front Setback Areas to Include:

a) A minimum of one Angophora floribunda (Sydney Red Gum) as additional or substitution planting for proposed Banksia or Glochidion in this setback, installed at minimum 25 litre pot size.

Tree planting to the rear setback area to include:

b) A minimum of two Angophora floribunda (Sydney Red Gum) or other endemic species likely of exceeding 10 metres height at maturity as additional or substitution planting for proposed trees in this setback, installed at minimum 25 litre pot size.

Tree planting to the northern and southern side setback areas to include:

c) Three Angophora floribunda (Sydney Red Gum) or other endemic species as additional planting, installed at minimum 25 litre pot size.

56. Street Tree Plantings

Planting to the front verge to include one Tristaniopsis laurina (Water Gum) installed at minimum 100 litre pot size.

57. Access to Communal Open Space

The southern side access is to provide access to the rear communal open space in accordance with wheelchair accessibility standards.

58. Completion of Landscaping

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

Note: Applicants are advised to pre-order plant material required in pot sizes 45 litre or larger to ensure Nurseries have stock available at the time of install.

59. 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.

60. Retaining Walls

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

61. 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).

62. 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.

63. Unit Numbering

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

64. 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.

OPERATIONAL CONDITIONS

65. Sight Distances for Pedestrians and Cyclists

Any proposed landscaping and/or fencing must not restrict sight distances to pedestrians and cyclists travelling along the footpath (AS2890.1 – sight lines for pedestrians).

66. Residential Parking Spaces

Residential parking spaces are to be secure spaces with access controlled by card or numeric pad.

67. Visitor Access

Visitors must be able to access the visitors parking spaces in the basement car park 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.

68. 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.

69. 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.

70. 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.

71. 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. PL40/14

Planning Division

Date of Meeting: 11/06/2014

13 DEVELOPMENT APPLICATION - MULTI-UNIT HOUSING COMPRISING TWO DETACHED DWELLING-HOUSES - 8 THORN STREET, PENNANT HILLS

EXECUTIVE SUMMARY

DA No:	DA/892/2013 (Lodged 3 September 2013)
Description:	Multi-unit housing comprising the erection of two detached dwelling-houses
Property:	Lot 5, DP 235034, No. 8 Thorn Street, Pennant Hills
Applicant:	P S Graham & Associates
Owner:	Mrs F T Srour
Estimated Value:	$615,000
Ward:	C

· The application proposes the erection of multi-unit housing comprising two detached dwelling-houses.

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

· Council received two submissions during the exhibition period.

· It is recommended that the application be approved.

RECOMMENDATION

BACKGROUND

On 20 June 2013, Council refused Development Application No. DA/406/2013 for the subdivision of the subject allotment into two lots. The reasons for refusal were that the proposal would result in one lot being 400m² which does not comply with the 500m² minimum lot size development standard under the Hornsby Shire Local Environmental Plan (HSLEP) 1994 and would set an undesirable precedent for the area.

On 3 September 2013, the applicant lodged the subject development application, DA/892/2013, for the demolition of a dwelling-house, erection of multi-unit housing and subdivision of one allotment into two lots.

On 12 December 2013, the applicant submitted additional plans including elevations and shadow diagrams.

On 4 February 2014, the applicant submitted a stormwater concept plan.

On 20 March 2014, the applicant submitted an amended site plan removing the subdivision component of the application.

SITE

The site has an area of 1,214m² and is located on the north-eastern side of Thorn Street, Pennant Hills. The site gains access to Thorn Street via a battle-axe handle with varying widths.

The site has an average fall of 10% to the rear, south-eastern corner of the site and contains a two storey brick and tile dwelling-house.

The surrounding area is characterised by a mix of one and two storey residential dwellings.

The site is not identified as being located on bushfire prone or flood prone land.

The site adjoins No. 6 Thorn Street which is listed as a heritage item (“House”) of local significance under the provisions of Schedule D of the HSLEP. The site is not located in a heritage conservation area.

PROPOSAL

The application proposes demolition of a dwelling-house and the erection of multi-unit housing comprising two detached dwellings (hereafter referred to as Dwelling 1 and Dwelling 2) and associated works.

Dwelling 1 would be located on the south-western portion of the site. The ground floor level of the dwelling would comprise a porch, entry, double garage, lounge/dining room, water closet, family room, kitchen, laundry and an alfresco area. The first floor level would comprise 4 bedrooms, bathroom, walk-in-robe, and an ensuite.

Dwelling 2 would be located on the north-eastern portion of the site. The ground floor level of the dwelling would comprise a porch, foyer, double garage, lounge and dining room, family room, powder room, laundry, kitchen and an alfresco area. The first floor level would comprise 3 bedrooms, bathroom, walk-in-robe, and an ensuite.

The application also involves the construction of a driveway, installation of an on-site stormwater detention system and the erection of a dividing fence between the two properties. The development would not necessitate the removal of any trees.

ASSESSMENT

1. STRATEGIC CONTEXT

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

The North Subregion comprises Hornsby, Kuring-gai, Manly, Warringah and Pittwater Local Government Areas. The Draft North Subregional Strategy acted as 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 an additional dwelling-house to assist in achieving Council’s dwelling target.

2. STATUTORY CONTROLS

2.1 Hornsby Shire Local Environmental Plan 1994

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

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

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

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

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

Clause 14 of the HSLEP prescribes that regardless of minimum allotment size requirements, Council may consent to the development of land for the purpose of multi-unit housing, but only where the Council is satisfied that the development would not result in a density not greater than one dwelling per 350m² within the Residential A (Low Density) zone. The proposed development would result in the site having one dwelling per 460.4m² which complies with the development standard.

Clause 15 of the HSLEP prescribes that the maximum floor space ratio (FSR) of development within the Residential A (Low Density) zone is 0.4:1. The proposed development would result in a FSR of 0.45:1 which does not comply with this development standard. To address this, the applicant has submitted a formal objection under the State Environmental Planning Policy No. 1 – Development Standards. This matter is addressed below under Section 2.3.

2.2 Hornsby Shire Local Environmental Plan 2013

The Hornsby Local Environmental Plan 2013 (HLEP) was gazetted by the then Minister for Planning and Infrastructure on 27 September 2013 and came into force on 11 October 2013. The HLEP includes a savings provision that a development application made and not finally determined before the commencement of the HLEP should be determined under the HSLEP 1994.

Under the HLEP, the subject land is zoned R2 (Low Density Residential) and “multi dwelling housing” would be prohibited within the zone.

Notwithstanding this, the application was lodged prior to the gazettal of the HLEP and, as a result, is assessed under the HSLEP 1994.

2.3 State Environmental Planning Policy No. 1 – Development Standards

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

The NSW Land and Environment Court has expressed the view that there are 5 different ways in which an objection pursuant to SEPP 1 may be well founded and that approval of the objection may be consistent with the aims of the Policy as follows:

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

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

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

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

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

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

“The aims or objectives of the Residential A (Low Density) Zone are met by the proposal. (The proposal) can accommodate dwellings that would comply with Council’s DCP requirements for side and rear setbacks, private open space, design, privacy, solar access and landscaping as demonstrated on the (submitted plans).

The Hornsby Draft LEP 2013 does not have FSR requirements for this site and the dwellings would comply with setbacks from boundaries.

The non-compliances are not a matter of state or regional significance.”

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

It is considered that the additional floor space would not impinge on the environmental and amenity aspects of the site and would be in keeping with the bulk and scale of developments in Thorn Street which are characterised by a variety of one and two storey dwellings on lots ranging from 420.3m² to 2,106m². Strict compliance with the numerical standard is considered unwarranted in this instance as the proposal would not create any significant impacts to the surrounding area. In this regard, the objection under SEPP 1 objection is considered well founded.

The introduction of the NSW Housing Code under State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 allows applicants to gain approval for dwelling-houses and other ancillary development as Complying Development with floor space ratios which exceed Council’s development standards. Notwithstanding “multi dwelling housing” is not permissible under the NSW Housing Code, the Code allows sites with areas of 300m² to 450m² to construct dwelling houses with a gross floor area of up to 270m² and sites with areas between 450m² and 600m² to construct dwelling houses with a gross floor area of up to 330m² of which the proposed dwellings would be in keeping in terms of the built form, bulk and scale.

Given the NSW Housing Code is now enacted in many parts of the Shire, it is anticipated that more developments will be approved under this Code which will change the characteristics of dwelling-houses in the surrounding area.

The proposal takes into consideration the topographical constraints of the site and the additional floor space would not impinge on the environmental and amenity aspects of the site as well as the underlying objectives of the zoning. Accordingly, the SEPP 1 objection is supported in this instance.

2.4 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005

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

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

2.5 Environmental Planning and Assessment Act 1979 – Section 94 Contributions

Section 94 contribution fees would apply to the proposal as the development would result in an additional detached dwelling. Section 94 contributions have been levied as a condition of consent under Schedule 1.

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

2.7 Low Density Multi-Unit Housing Development Control Plan

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

Low Density Multi-Unit Housing Development Control Plan
Control	Proposal		Requirement	Complies
Density
Density	1 dwg/460.4m²		1 dwg/350m²	Yes
Floor space ratio	0.45:1		0.4:1	No
Site coverage	29%		40%	Yes
Setbacks
Dwelling 1: Front Side (north-western) Side (south-eastern) Rear	5.7m 1.4m 20.7m 6.5m	1m 1m 1m 3m		Yes Yes Yes Yes
Dwelling 2: Front Side (north-western) Side (south-eastern) Rear	6m 19.5m 1.8m 6.4m	1m 1m 1m 3m		Yes Yes Yes Yes
Between dwellings	3.2m	5m		No
Design
Height: Dwelling 1 Dwelling 2	8.1m 7.8m	9m 9m		Yes Yes
No. of storeys	2 storeys	Max. 2 storeys		Yes
Unbroken Wall length: Dwelling 1 Dwelling 2	12.1m 12.1m	10m 10m		No No
Building length: Dwelling 1 Dwelling 2	15.0m 14.8m	24m 24m		Yes Yes
Cut and fill	800mm	1m		Yes
Private Open Space
Dwelling 1 Dwelling 2	130.0m² 153.7m²	120m² 120m²		Yes Yes
Minimum dimension: Dwelling 1 Dwelling 2	5.9m 5.8m	5m 5m		Yes Yes
Landscaping
Landscaped area	46%	45%		Yes
Vehicle Access and Parking
No. of spaces	2 spaces per dwelling	2 spaces per dwelling		Yes
Garage dimensions: Dwelling 1 Dwelling 2	6.0m x 5.6m 5.6m x 5.5m	5.7m x 5.4m 5.7m x 5.4m		Yes No
Solar Access
Windows to north-facing living rooms on adjoining development Adjoining land	>3 hours on 22 June	3 hours on 22 June		Yes – See discussion
Private open space on adjoining land	>4 hours on 22 June	4 hours on 22 June		Yes

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

2.7.1 Density

The proposed development would generate a floor space ratio of 0.45:1 which does not comply with the 0.4:1 prescriptive measure of the Density element. The matters relating to floor space ratio have been discussed above under Section 2.3 of this report.

2.7.2 Setbacks

The Setbacks element of the Housing DCP states that detached dwellings on the one property should be separated from each other by at least 5 metres. The proposed dwellings would have a 3.2 metre separation which does not comply with this prescriptive measure. Notwithstanding this, the area between the two proposed dwellings would be their side boundary setbacks, would provide sufficient space for landscaping and would maintain amenity between the proposed dwellings.

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

2.7.3 Design

The design element prescribes that external wall should not exceed 10 metres in length without a physical “break”. The 10.43 metre wall length of the ground floor level north-western elevation and 11.51 metre wall length of the first floor level south-western elevation of Dwelling 1 as well as the 10.67 metre wall length of the ground floor level north-western elevation and 12.11 metre wall length of the first floor level south-eastern elevation of Dwelling 2 do not comply with this prescriptive measure. Notwithstanding this, variations in rooflines and fenestration provide sufficient articulation and avoid a monotonous and symmetrical design.

Furthermore, the proposed dwellings would be located on a battle-axe allotment. Therefore, the design of dwellings would not impact on the character and amenity of the streetscape.

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

2.7.4 Vehicle Access and Parking

The proposed internal dimensions of the garage in Dwelling 2 would be 5.6m x 5.5m which do not comply with Council’s requirements of 5.7m x 5.4m. Notwithstanding this, the proposed garage would comply with the Australian Standard AS which prescribes minimum dimensions of 5.4m x 5.4m for a double garage.

The driveway design and carparking areas have been designed to provide safe ingress/egress to the site by allowing vehicles to enter and leave the property in a forward direction. Furthermore, the design of the double garages for both dwellings would meet projected needs for future residents for parking and storage space.

The proposal meets the objectives of the Vehicle Access and Parking element and is considered acceptable.

2.7.5 Solar Access

The Solar Access element prescribes that development should allow at least 3 hours of sunshine to a portion of the north-facing windows to living areas of adjoining properties between 9am and 3pm on 22 June (Winter Solstice).

The shadow diagrams submitted by the applicant indicate that the 9am shadow cast by Dwelling 2 and the 3pm shadow cast by Dwelling 1 would intersect with the north facing rumpus room window of the dwelling at No. 6A Thorn Street.

Notwithstanding this, the 9am shadow cast by Dwelling 2 would not cover the entire window serving the rumpus room and would allow at least 3 hours of sunshine to a portion of the window surface.

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

2.8 Heritage Development Control Plan

The site adjoins No. 6 Thorn Street which is listed as a heritage item (“House”) of local significance under the provisions of Schedule D of the HSLEP.

There is a minimal setback between the heritage item and the newly constructed bitumen driveway on the subject site which is screened by citrus trees within the heritage listed property and the dividing fence.

In regards to the demolition of the existing house and construction of multi-unit housing, the proposed dwellings would not have significant impact on the heritage significance of the heritage item or its setting. A previous subdivision has reduced the original setting of the heritage item on its residential allotment. The proposed development would be located on a battle-axe allotment setback from the heritage item which has a street frontage.

The bitumen driveway and timber boundary fence provides a harsh boundary to the heritage item, which is unsympathetic to the setting of the adjacent heritage item. To address this issue, a condition is recommended that a garden bed with appropriate plantings should be introduced along the boundary fence.

Subject to this condition, the proposed development would not have a detrimental impact on the significance of the adjacent heritage item at No. 6 Thorn Street.

3. ENVIRONMENTAL IMPACTS

3.1 Natural Environment

The proposed development would not necessitate the removal of any trees from the site. Subject to the implementation of sediment and erosion control and stormwater management measures, the proposal would not have a detrimental impact on the natural environment and is considered acceptable.

3.2 Built Environment

The proposed dwellings would be in keeping with the scale and character of dwellings in the surrounding area. Notwithstanding the dwellings are two storeys, they would allow adequate solar access to adjoining properties, would be located below street level and would be largely screened by the dwelling at No. 10 Thorn Street from the streetscape. As a result, the proposal would create negligible impacts to the built environment of the surrounding area and is considered acceptable.

3.3 Social Impacts

The proposed development would not create any significant social impacts.

3.4 Economic Impacts

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

4. SITE SUITABILITY

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

The subject site is not identified as being located on bushfire prone or flood prone land and is considered suitable for the proposed development.

5. PUBLIC PARTICIPATION

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

5.1 Community Consultation

The proposed development was placed on public exhibition and was notified to adjoining and nearby landowners between 20 September 2013 and 10 October 2013 as well as between 28 March 2014 and 11 April 2014 in accordance with Council’s Notification and Exhibition Development Control Plan. During these periods Council received two 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

Of the two submissions received, one raised concerns over the content included in the initial notification of the application. The material was reviewed and then later renotified to adjoining properties advising them of the additional content as well as the amendment in the application to remove the subdivision component.

The second submission received raised concerns regarding the parking of trucks on the access handle and the increase in acoustic impacts associated with the use of the driveway by residents and visitors to the proposed dwellings. With regards to the storage of trucks on the access handle, Council does not restrict where such vehicles are stored so long as they do not restrict access to properties benefitted by a right of access or right of carriageway.

With regards to acoustic impacts, the vehicular movement associated with the proposed development would not create a significant additional impact and would be in keeping with a low density residential environment.

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”.

CONCLUSION

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

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

There were two submissions received in response to notification of the proposed development. These matters have been addressed in the body of the report

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

Rod Pickles

Manager - Development Assessment

Planning Division

James Farrington

Group Manager

Planning Division

Attachments:

1.View	Locality Map
2.View	Floor Plans
3.View	Levels Plan
4.View	Elevations
5.View	Shadow Diagrams

File Reference: DA/892/2013

Document Number: D03007076

SCHEDULE 1

GENERAL CONDITIONS

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

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

1. Approved Plans and Supporting Documentation

Plan No.	Drawn by	Dated
S.15067A Sheet 1 of 1 – Site Plan	P. S. Graham & Associates	22/02/2013
3398.00.1A – Building Set Out Plan	Plan Concepts Pty Ltd	August 2013
3398.51.11A – Floor Plans	Plan Concepts Pty Ltd	August 2013
3398.51.12B – Elevations	Plan Concepts Pty Ltd	August 2013
3398.51.13B - Elevations	Plan Concepts Pty Ltd	August 2013
3398.52.21A – Floor Plans	Plan Concepts Pty Ltd	August 2013
3398.52.22B – Elevations	Plan Concepts Pty Ltd	August 2013
3398.52.23B – Elevations	Plan Concepts Pty Ltd	August 2013
3398.SD1 – Shadow Diagram	Plan Concepts Pty Ltd	August 2013
3398.SD2 – Shadow Diagram	Plan Concepts Pty Ltd	August 2013

2. Removal of Existing Trees

This development consent does not permit the removal of tree(s) on the site. The removal of any other trees requires separate approval under Council’s Tree Preservation Order.

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	$1,140.00
Open Space and Recreation	$16,480.00
Community Facilities	$2,300.00
Plan Preparation and Administration	$80.00
TOTAL	$20,000.00

being for the creation of an additional detached dwelling.

$C_{PY =}$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)

7. Notification of Home Building Act 1989 Requirements

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

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

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

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

i) The name of the owner-builder; and

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

8. Sydney Water – Quick Check

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

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

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

9. 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.

10. Toilet Facilities

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

b) be a temporary chemical closet approved under the Local Government Act 1993.

11. Erosion and Sediment Control

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

12. Traffic Control Plan

a) Arrangements for public notification of the works.

b) Temporary construction signage.

c) Permanent post-construction signage.

d) Vehicle movement plans.

e) Traffic management plans.

f) Pedestrian and cyclist access/safety.

REQUIREMENTS DURING CONSTRUCTION

13. Construction Work Hours

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

14. Demolition

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

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

15. Council Property

16. Disturbance of Existing Site

17. Works Near Trees

All works (including driveways and retaining walls) within 6 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).

18. Survey Report – Finished Floor Level

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

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

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

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

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

19. Fulfilment of BASIX Commitments

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

20. Stormwater Drainage

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

a) The existing piped inter-allotment stormwater drainage system is to be reconstructed and be located within the existing easement.

21. On Site Stormwater Detention

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

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

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

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

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

22. Internal Driveway/Vehicular Areas

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

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

b) The driveway must be a rigid pavement;

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

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

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

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

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

h) Conduit for utility services including electricity, water, gas and telephone must be provided.

23. Vehicular Crossing

24. Damage to Council Assets

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

25. Installation of Air Conditioner

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

26. Creation of Easements

The following matter(s) must be created on the title of the property in accordance with the Conveyancing Act 1919:

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

27. Works as Executed Plan

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

– END OF CONDITIONS –

ADVISORY NOTES

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

Environmental Planning and Assessment Act 1979 Requirements

The Environmental Planning and Assessment Act 1979 requires:

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

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

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

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

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

Long Service Levy

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

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

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

Tree Preservation Order

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

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

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

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

Dial Before You Dig

Asbestos Warning

www.environment.nsw.gov.au

www.nsw.gov.au/fibro

www.adfa.org.au

www.workcover.nsw.gov.au

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

Group Manager’s Report No. PL36/14

Planning Division

Date of Meeting: 11/06/2014

14 DEVELOPMENT APPLICATION - NINE STOREY RESIDENTIAL FLAT BUILDING CONTAINING 54 UNITS - 5, 7 AND 9 WAITARA AVENUE, WAITARA

EXECUTIVE SUMMARY

DA No.	DA/1255/2013 (Lodged 13 November 2013)
Description:	Demolition of existing structures and construction of a nine storey residential flat building containing 54 units and basement car parking
Property	Lot 1 DP 948232, Lot 84 DP 1053416 and Lot 1 DP 121106, Nos. 5, 7 and 9 Waitara Avenue, Waitara
Applicant:	Zhinar Architects
Owner:	Advance International Investment Group Pty Ltd
Estimated Value:	$11,000,000
Ward:	B

· The application proposes demolition of existing structures and construction of a nine storey residential flat building containing 54 units and basement car parking.

· The proposal does not comply with the Clause 4.3 (Height of Buildings) of the Hornsby Local Environmental Plan 2013. A submission pursuant to Clause 4.3 of the Hornsby Local Environmental Plan 2013 has been made in support of the variation to the height standard, which is considered well-founded.

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

· It is recommended that the application be approved subject to conditions.

RECOMMENDATION

BACKGROUND

The subject land was rezoned from low density residential to Residential D (High Density) in 1994 as part of Council’s Housing Strategy as incorporated in the Hornsby Shire Local Environmental Plan 1994 on 22 July 1994.

SITE

The site comprises two rectangular allotments and one triangular allotment and is located on the western side of Waitara Avenue. The site is irregular in shape and has an area of 1,853m².

The site has a 52.61m frontage to Waitara Avenue and is 31.52m along the rear boundary. The site contains a 1.8m wide drainage easement which is located along the northern boundary of the site.

The site has a gentle slope from east to west of approximately 1m and cross fall along Waitara Avenue frontage from south to north of approximately 2.5m.

Existing improvements on the allotments include three single storey dwelling-houses with associated outbuildings. The existing building at No. 7 Waitara Avenue has been previously utilised for medical purposes and contains a concrete driveway and car parking area for 10 vehicles.

The site contains shrubs and trees, including two significant eucalyptus trees located on the north-eastern common boundary which are to be retained and protected.

The site adjoins an existing nine storey residential flat buildings to the north and north-west. To the south, the site adjoins the existing two to three storey Asquith Rugby Leagues Club.

Located to the east and on the opposite side of Waitara Avenue is the Parkview Retirement Village. The retirement village is comprised of a two storey building with multiple wings. To the north-east there are existing tennis courts and the Mark Taylor Cricket Oval.

The proposed development is located on one of the last sites in the precinct to be redeveloped. Another vacant site at Nos. 21-39 Waitara Ave and Nos. 20-30 Orara Street, Waitara is the subject of an application (DA/1370/2013).

The site is in close proximity to the Hornsby Town Centre and approximately 100m north of Waitara Railway Station.

PROPOSAL

The proposal is for the demolition of three existing dwelling-houses and associated outbuildings and construction of a nine storey residential flat building comprising 54 units with two levels of basement car parking.

The unit configuration includes 7 x 1 bedroom, 40 x 2 bedroom and 7 x 3 bedroom units. The units include balconies fronting the street, rear and southern side setback.

The development would be accessed from Waitara Avenue via a driveway located adjacent to the southern boundary of the site. A total of 64 residential car parking spaces, including 8 visitor’s parking spaces are proposed in two basement levels.

ASSESSMENT

1. STRATEGIC CONTEXT

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

Within the North Subregion, the Draft Metropolitan Strategy proposes:

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

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

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

The proposed development would be consistent with the Metropolitan Plan for Sydney 2031 by providing 51 additional dwellings and would contribute to housing choice in the locality.

2. STATUTORY CONTROLS

2.1 Hornsby Local Environmental Plan 2013

The Hornsby Local Environmental Plan 2013 (HLEP) was gazetted by the Minister for Planning on 11 October 2013.

2.1.1 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.

2.1.2 Clause 4.3 – 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 26.5m. The proposed development has a maximum height of 28.8m and results in a variation of the building height control by 2.36m. The variation to the height control relates to the skillion roof treatment, lift overrun and feature blade wall treatment. To address this issue, the application is supported by a submission pursuant to Section 4.6 of the HLEP to vary the maximum building height development standard. This matter is addressed below.

2.1.3 Clause 4.6 – Exceptions to Development Standards

The application has been assessed against the requirements within Clause 4.6 of the HLEP. This clause provides flexibility in the application of development standards in circumstances where strict compliance with those standards would, in any particular case, be unreasonable or unnecessary or tend to hinder the attainment of the objectives of the zone.

On the Height of Buildings Map, the maximum building height is 26.5m. The proposed building exceeds the maximum height control, having a maximum height of 28.8m.

Building Height is defined by the HLEP as follows:

“building height (or height of building) means the vertical distance between ground level (existing) and the highest point of the building, including plant and lift overruns, but excluding communication devices, antennae, satellite dishes, masts, flagpoles, chimneys, flues and the like.”

The applicant has made a submission in support of a variation to the maximum building height of 26.5m development standard under Clause 4.6 of the HLEP. The development application seeks to vary the height by 2.3m.

The applicant’s submission is made pursuant to Clause 4.6 and the objectives of the R4 High Density Residential zone. The applicant states the proposed height variation is considered to be consistent with the objectives of the control and is justified as follows:

· The site geometry has considerable constraints to redevelopment for high density residential accommodation. The long front boundary and narrow rear boundary have necessitated the proposed height non-compliance in order to appropriately distribute the available amount of floorspace in the most efficient way possible;

· The proposal generally meets the applicable envelope controls under the Council’s DCP and therefore the distribution of the mass into a higher building reflects an appropriate expression of development potential. That is, to achieve the density facilitated by the envelope controls, when taking into account the constraints of geometry, the proposed height could be reasonably expected. The proposed height does not result in any additional units and therefore the proposal would not provide any significant additional load on surrounding infrastructure capacity;

· It is noted that the planning controls have only recently been altered from a 9 storey height limit to a maximum height of 26.5m (effectively 8 storeys). Notwithstanding, the proposed encroachment to the maximum building height is considered to be minor and would not substantially change the appearance of the proposal within the locality, nor would the additional height be readily apparent or obvious to the casual observer at the street level;

· The proposed building has been designed to a high standard of architecture. The proposed built form on the site features a unique appearance, incorporating a number of design features which are encouraged by the Hornsby DCP 2013, such as a gentle skillion roof pitch and blade wall elements. It has been designed to relate to the adjoining residential flat building to the north in terms of overall height and building style;

· In infrastructure terms, the proposed height would not result in any noticeable road capacity impacts and the close proximity to frequent public transport services and close positioning to local services and facilities demonstrate the site’s suitability for development of the density proposed;

· It is considered that the proposal responds appropriately to the site and reduces residential amenity impacts where possible. The minor variation of building height is not expected to provide any tangible disruption to solar access to any surrounding properties. Supporting this is the presence of commercial uses to the south of the site. The degree of shadow cast by the proposal could be reasonably expected under the permissible building envelope controls on the site;

· Any complaint proposal is likely to have an impact on existing district views gained across the site towards the south. As such, no reasonable view loss can be expected as a result of minor non-compliance proposed; and

· The site is not located within close proximity to any identified heritage items.

Having regard to the above points, the following matters are considered relevant:

· The development is consistent with the objectives of Section 5 of the Environmental Planning and Assessment Act 1979 and the aims of the HLEP in that it encourages the improved management of urban land and promotes the orderly use of the otherwise underutilised land.

· The minor breach of the height relates mainly to the blade wall elements, the top storey eaves, lift overrun and skillion roof.

· In considering if the request to vary the standard is reasonable, the interface of the development to the northern boundary has been considered to be most critical. The proposed building has a roof RL of 204.4m AHD. The building to the immediate north and down slope of the site has a parapet RL 202.95m AHD. The adjoining building is nine storeys in height and exceeds the maximum height limit. The proposed building height is in context with the height of the adjoining building to the north.

· The ninth level would be appropriately setback and is not considered to be visually intrusive to the streetscape or the neighbouring properties.

· The building does not result in unreasonable overshadowing of the neighbouring properties, as discussed in Section 2.9.11 of this report.

· The proposed unit layouts along the northern side setback have been revised to orientate the living rooms and balconies to the front and rear. The proposed development involves the inclusion of privacy screens and highlight windows along the northern elevation. This would alleviate any adverse privacy impacts.

· The proposed development is located on one of the last sites in the precinct which is to be redeveloped. The proposal would not set an unacceptable precedent for the precinct.

· Notwithstanding the height non-compliance, the application is a reasonable outcome for the site and achieves the aims of the HLEP and Hornsby DCP.

· Should the development comply strictly comply with the “height” requirements, the proposal would result in underutilisation of the land and would not satisfy the broad objectives of the Act, the aims of the HLEP and Hornsby DCP.

Based on this assessment, it is considered that the applicant’s Clause 4.6 submission is well founded and that compliance with the development standard would be unreasonable and unnecessary in the circumstances of the case. Accordingly, the Clause 4.6 submission is supported.

2.1.4 Clause 5.10 – Heritage Conservation

The property is located in the immediate vicinity of the heritage item Shop, at Nos. 11-37 Alexandria Parade, Waitara of local significance listed under the provisions of Schedule 5 (Environmental Heritage) of the Hornsby Local Environmental Plan 2013.

The adjacent heritage listed item, is an isolated free-standing Inter-war period corner shop constructed in c1920. Most of the original fabric survives, making a major contribution to the corner of Alexandria Parade and Waitara Avenue.

The land associated with the heritage item has been amalgamated with the adjoining Asquith Rugby League Club site, and the rear and side boundary setting has already been compromised by the surrounding open bitumen car park.

Considering the subject site is located within the R4 High Density Residential Zone, surrounded by similar multi-storey residential apartments, no heritage concerns are raised to the proposed residential flat building. Generally, the proposed development would not dominate or provide a significant change to the setting of the adjacent heritage listed corner shop.

Council’s heritage assessment of the proposal identified initial concerns with respect to the lack of adequate screen planting along the adjoining boundary. The plans have been revised to provide a 6m to 3m wide deep soil landscaping area in the south eastern corner of the site. The deep soil area would provide a sufficient area for planting of a canopy tree and would provide an adequate visual buffer between the heritage item and the residential flat building.

Accordingly, no objections are raised to the proposed development on heritage grounds.

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

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

2.3 State Environmental Planning Policy (Infrastructure) 2007

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

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

The proposal includes details of soil and water management during construction works. Council’s assessment of the proposal in this regard concludes that the development is satisfactory subject to compliance with a condition in Schedule 1 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.

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

The application has been assessed against the requirements of State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004. The proposal includes BASIX Certificate No. 513263M_02 for the proposed units and is considered to be satisfactory.

2.6 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.

2.6.1 Principle 1 - Context

Design Principle 1 is as follows:

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

The site is located within an existing high density precinct characterised by 8-9 storey residential flat buildings in close proximity to Waitara Railway Station. It is one of the last sites in the precinct to be redeveloped.

The applicant’s ‘Design Verification Statement’ indicates that the proposal responds to the existing and 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 existing urban form. It is considered that the proposed building would contribute to the identity and future character of the precinct.

2.6.2 Principle 2 - Scale

Design Principle 2 is as follows:

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

The scale of the development is in accordance with adjoining buildings and setbacks for the precinct and provides an architectural composition that achieves a scale consistent with the desired future character of the precinct of residential flat buildings in landscape settings with underground car parking.

2.6.3 Principle 3 – Built Form

Design Principle 3 is as follows:

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

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

The proposed building is appropriately articulated to minimise the perceived scale and the chosen materials add to the visual interest of the development. The development is considered to be acceptable in terms of built form.

2.6.4 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).

2.6.5 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.

2.6.6 Principle 6 – Landscape

Design Principle 6 is as follows:

The application includes a landscape concept plan providing landscaping along the street frontage and side and rear boundaries. The rear portion the site provides for a deep soil landscaped area and useable open space. Landscaping has also been provided along the northern boundary to soften the appearance of the building and offering increased privacy to the future occupants.

2.6.7 Principle 7 – Amenity

Design Principle 7 is as follows:

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

The proposed units are designed to achieve natural ventilation, solar access and acoustic privacy. All units incorporate balconies accessible from living areas and privacy has been achieved through appropriate design and orientation of balconies and living areas. 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 application is considered acceptable in this regard.

2.6.8 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.

The RFDC requires the preparation of a formal Crime Assessment Report for development that comprises more than twenty residential units. The proposal includes a Crime Risk Assessment. The application was referred to the NSW Police. The NSW Police raises no objections to the proposal. Conditions are recommended for lighting, territorial re-enforcement, environmental maintenance and access control. Subject to the imposition of a condition of consent addressing the above matters, the proposal is supported in respect of safety and security.

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

The site is located approximately 100 metres north of Waitara Railway Station and in close proximity to Hornsby Town Centre. The location of the site allows direct access to retail, educational, health and recreational facilities.

The proposed development includes a mix of dwelling types and sizes which complies with the requirement within the RFDC to improve housing choice in the locality. In this regard, the development is considered acceptable in terms of social dimensions.

2.6.10 Principle 10 – Aesthetics

Design Principle 10 is as follows:

The architectural treatment of the building is generally consistent with the design principles contained within the RFDC. It is considered that the aesthetic quality of the building would contribute to the existing character of the precinct. The details of the assessment of the built form and the aesthetics of the development are contained in Sections 2.7 and 2.9 of this report.

2.7 State Environmental Planning Policy No. 65 - Residential Flat Design Code

Residential Flat Design Code
Control	Proposal	Requirement	Compliance
Deep Soil Zone	25%	25%	Yes
Communal Open Space	25%	25-30%	Yes
Ground Level Private Open Space	>13m² 2.5m	25m² Min Dimension 4m	No No
Minimum Dwelling Size	1 br – 50m² 2 br – 70m² 3 br – 95m²	1 br – 50m² 2 br – 70m² 3 br – 95m²	Yes Yes Yes
Maximum Kitchen Distance	9.4m (Units 13, 20, 27, 33, 39, 45 and 51)	8m	No
Minimum Balcony Depth	2m	2m	Yes
Ceiling Heights - Residential floors	2.7m	2.7m (Min)	Yes
Dual Aspect & Cross Ventilation	64%	60%	Yes
South Facing Single Aspect	6% (3 units)	10% (Max)	Yes
Adaptable Housing	14%	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 minimum dimension for ground level open space and maximum kitchen distance. Below is a brief discussion regarding the relevant development controls and best practice guidelines:

2.7.1 Apartment Layout

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

The RFDC requires that the back of a kitchen should be no greater than 8m from a window. Of the 54 units proposed, 7 units contain kitchens where the back wall is up to 9.4m from a window. These units offer an open layout with natural ventilation and accordingly, the minor non-compliance is acceptable with respect to residential amenity.

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

2.7.2 Ground Floor Apartments and Private Open Space

Of the 6 units located on the ground floor, 2 units have been provided with greater than 25m² of courtyard space and none of the units meet the minimum 4m dimension. The proposed ground floor unit open space areas include recessed balconies and courtyards contained within the building envelope. The landscaped area surrounding the building is not allocated for private gardens for individual ground floor units. Therefore, the non-compliance with the RFDC is in response to the Hornsby DCP key principle for buildings to be in landscaped settings.

The provision of additional private courtyard area within the side and rear setbacks would compromise the pedestrian access to the building and further reduce the communal open space provisions for the site.

Notwithstanding the above, the private open space areas for all units comply with the minimum area requirement of the Hornsby DCP. The proposed development includes sufficient landscaped communal open space areas to compensate for this non-compliance.

2.7.3 Internal Circulation

The proposed building includes 3 to 7 units with lift access on each respective level in accordance with the Code’s best practice guidelines for up to 8 units per lift. 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.

2.7.4 Acoustic Privacy

The proposed apartment layouts are designed such that noise generating areas would mainly adjoin each other. Storage or circulation zones would act as a buffer between units. Bedrooms and service areas such as kitchens, bathrooms and laundries would be grouped together wherever possible.

The proposal complies with the ‘Acoustic Privacy’ requirements within the RFDC and is assessed as satisfactory.

2.7.5 Storage

The proposed building includes resident storage areas for all units within the building and storage areas would be located within the basement levels. A condition is recommended for the storage areas to be allocated in accordance with the size requirements of the Code for the respective units.

In summary, the proposed residential flat building has been designed in accordance with the design principles of SEPP 65 and generally complies in respect to the Residential Flat Design Code subject to the imposition of appropriate conditions of consent. It is considered the proposal would achieve good residential amenity and contribute to the established character of the existing precinct.

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

2.9 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	52m	40m	Yes
Height	28.8m – 9 storeys	26.5m – 8 Storeys	No
Height of basement above ground	<1m	1m (max)	Yes
Floorplate dimension	32m	35m (max)	Yes
Setbacks
Front building Balcony to front	10m 8m	10m 8m < 1/3 building length 7m	Yes Yes
Northern Side Balcony to northern side	7m 6m	9m 7m < 1/3 bldg length 6m	No Yes
Southern Side Balcony to southern side	4.8m-7m (average 6m) 4.5m	9m 7m < 1/3 bldg length 6m	No No
Rear Setback Balcony to rear	10m 8m < 1/3 building length 7m	10m 8m < 1/3 building length 7m	Yes Yes
Underground Parking Setback	7m front 7m rear 4m (North) Nil (South)	7m front 7m rear 6m side 6m side	Yes Yes No No
Additional Top Storey Setback From Ground Floor	3m (top storey)	3m (top two storeys)	No
Driveway setback	6.5m – Nil	2m	No
Building Form and Separation
Up to 4 storeys – 12m	>12m for both rear and side setbacks adjoining residential developments	12m	Yes
4 – 8 storeys up to 25m	>18m rear setback 13m side setback	18m 18m	Yes No
9 storey and above – over 25m	24m rear setback 18m side setback	24m 24m	Yes No
Landscaping
Landscaped area Front Rear Northern side Southern side Driveway	7m 7m 4m Nil Nil	7m 7m 6m 6m 2m	Yes Yes No No No
Open Space
Private Open Space with Min Width 2.5m	1 br units >10m² 2 br units >12m² 3 br units >16m²	1 br units 10m² (min) 2 br units 12m² (min) 3 br units 16m² (min)	Yes Yes Yes
Communal Open Space with minimum dimension 4m	> 50 m²	50 m² (min)	Yes
Parking	56 resident spaces 8 visitor spaces 16 bicycle racks 2 motorbike space	56 resident spaces 8 visitor spaces 16 bicycle racks 2 motorbike space	Yes Yes Yes Yes
Solar Access 9.00am to 3.00pm	56%	70%	No
Housing Choice	1 br unit - 13% 2 br unit - 74% 3 br unit - 13%	10% of each type (min) 10% of each type (min) 10% of each type (min)	Yes Yes Yes
Adaptable Units	30% (16 units)	30%	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.

2.9.1 Desired Future Character

The site is included in the Orara Street, Waitara precinct and is zoned R4 High Density Residential. The site is located within an existing high density precinct characterised by 8-9 storey residential flat buildings in close proximity to Waitara Railway Station. It is one of the last sites’ in the precinct to be redeveloped.

The proposal complies with the desired outcome for the precinct.

2.9.2 Design Quality – SEPP 65

The proposed development is designed in accordance with the design principles of SEPP 65. Refer to discussion in Sections 2.6 and 2.7.

2.9.3 Site Requirements

The Housing Strategy DCP requires sites to have a minimum frontage of 40m. The subject site has a frontage of 52m to Waitara Avenue and complies with this requirement.

2.9.4 Height

The site is subject to a maximum height of building standard of 26.5m under the HLEP and Hornsby DCP. Part 3.5.4 of the Hornsby DCP translates the LEP height to a maximum of 8 storeys. The proposal seeks consent for a building of up to 9 storeys and up to 28.8m in height. The application is supported by a request to vary a development standard prepared in accordance with clause 4.6 of HLEP. The non-compliance has been discussed in Section 2.1 above and is considered acceptable.

2.9.5 Setbacks

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

Side Setbacks

In accordance with the setback requirements of the Hornsby DCP, a 9m side setback is required, with up to 7m for 1/3 length of the building. Greater than 1/3 of the building length is located at a setback of 6m from the northern and southern boundary which does not comply with the requirements of the Hornsby DCP. This is a numerical non-compliance due to the narrow rear boundary and the irregular shape of the site. Notwithstanding, the layout of the proposed units has been revised to minimise overlooking of the adjoining properties, by relocating the living rooms and balconies mainly to the front and rear.

In addition, adequate visual privacy has been achieved by the provision of privacy screens and highlight windows on the northern elevation from the ground floor level to Level 7.

Basement Setback

The proposed basement has a nil setback to the southern boundary and 4m to the northern boundary of the site and does not comply with the minimum 6m setback requirement of the Hornsby DCP. The nil setback of the basement adjoins the existing Asquith Leagues Club. Due to the irregular shape and dimensions of the site, the required side setback from southern boundary has not been provided. However, the development allows a reasonable level of deep soil and landscaping to the north and west adjoining existing residential flat buildings. Strict compliance with the side setback requirement would result in the provision of a third basement level which would not be an economically feasible option for the proposed development.

Balcony Setbacks

The balconies located on the southern elevation have 4.5m setbacks from the southern boundary resulting in non-compliance with the prescriptive measures of the Hornsby DCP. The application, as submitted originally, complied with the balcony setback control within the Hornsby DCP. However, during the assessment, it was identified that the balconies of Units 8, 15 and 22 did not comply with the Hornsby DCP requirements with respect to the minimum 2.5m width. The encroachment is over a portion of the driveway ramp and would not impact on landscaped area. Given the location of the site adjacent to the Asquith Leagues Club which has an existing 2 to 3 storey height, the non-compliance is considered acceptable.

It is considered that the numerical non-compliance with respect to balcony setback is acceptable on merits.

Top Storey Setback

The Hornsby DCP requires the provision of a 3m setback between the exterior walls of the lowest storey and the exterior walls of the top two storeys. The plans have been amended to comply with the 3m setback provision for the top most storey. The 3m setback has been provided over the top most level only and not the two levels as required by the Hornsby DCP. The proposed top level setback over a single level is consistent with the design of the adjoining developments to the north and west and satisfies the intent of the setback provision.

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.

Given the above, the non-compliances relating to setback is considered acceptable.

2.9.6 Building Separation

The existing development on the adjoining northern boundary has a setback of approximately 5m, with windows of habitable rooms and balconies facing the site. Accordingly, the required building separation cannot be achieved for this development. However, the application was amended to provide an increased setback to between 6 to 7.6m and orientation of the living rooms and balconies mainly to the front and rear. The amended plans demonstrate that approximately 13 – 16m separation would be achieved between the habitable rooms from the ground floor level to Level 7 to the habitable rooms and balconies of the adjoining development.

The building incorporates an additional 3m setback for the top storey on all sides and achieves a minimum 24m building separation on the ninth level with the exception of a small portion of the northern side setback. The terraces on the northern side on the uppermost floor level would have a separation of 18 metres from the adjoining development. The layout of the proposed units on the ninth level has been revised to minimise overlooking of the adjoining property to the north, by relocating the living rooms and balconies to the front and rear. The design avoids the placement of windows facing the existing windows of adjoining developments.

2.9.7 Floorplates and Articulation

The proposed building includes a floorplate which is 32m in length and complies with the Hornsby DCP requirement. The proposed building has appropriate articulation in achieving the required built form, landscaping and common open space areas. The proposal development complies with the design requirements of SEPP 65. The façade treatment, size and placement of windows, balconies, vertical panels and stepped levels of the building, minimises the bulk and scale and would contribute to the streetscape.

The façades of the proposed building provides three distinct levels, including a base, middle and top. The design includes varied use of colours and materials to break up the built form.

Accordingly, the design of the floorplate, the proposed indentations and the articulation of the facades has been assessed as satisfactory.

2.9.8 Landscaping

The landscaping provisions of the Hornsby DCP prescribes that a 7m wide landscaped area is to be provided at the front and rear, and a 6m wide landscaped area along the side boundaries. In addition, driveways are required to have a minimum 2m setback from the side boundary to allow a deep soil landscape area.

Due to the irregular shape and dimensions of the site, strict compliance with the landscaping setbacks is unable to be achieved for this development. The proposed development has been designed to provide the required 7m wide landscape area to front and rear of the site. The rear setback area would be landscaped and would be utilised as the communal open space.

The driveway and service facilities have been located along the southern boundary of the site, adjoining the Asquith Leagues Club. This club has a loading dock and car parking along this boundary. Council’s landscaping assessment of the application recommends a condition of consent requiring trellis planting to be provided along the southern fence line above the driveway ramp to soften the visual appearance of the development.

A sufficient deep soil area has been provided along the northern boundary, adjacent to the existing residential flat building, to accommodate mature canopy trees and retain the significant Eucalyptus trees to achieve a landscape setting.

The on-site detention system (OSD) is proposed to be located within the deep soil area at the front which would hinder the planting of canopy trees in this section of the site. However, the location of the OSD within the front setback is based on the slope of the site, engineering requirements and to facilitate the connection of the stormwater discharged from the site to the street. The applicant has submitted amended stormwater plans showing the relocation of the OSD a distance of 1m from the front boundary wall. The proposed OSD is an above ground detention basin with an average depth 200mm. Council’s landscaping assessment of the applicant has concluded that the setback and the shallow depth of the OSD would allow canopy trees and shrubs to be planted along the frontage.

2.9.9 Open Space

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

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

2.9.10 Privacy

The ground floor balconies fronting the communal open spaces at the rear would be suitably screened by landscaping and privacy screens. Highlight windows and privacy screens are proposed along the northern elevation of the building to alleviate overlooking opportunities to the north. The proposal complies with the privacy requirements of the RFDC and the Hornsby DCP and would not compromise the privacy of future occupants or adjoining properties.

2.9.11 Solar Access

The RFDC and Hornsby DCP require 70% of dwellings should receive 2 hours of solar access between 9.00am and 3.00pm in midwinter to at least half of the principal living room windows and principal private open space. The proposal does not achieve these levels of solar access. The applicant has provided solar access analysis plans. The solar access plans demonstrate that 30 units or 56% of units would receive the required 2 hours of solar access between 9.00am and 3.00pm. By considering solar access received between 7.30am and 4.00pm, a further 10 units would receive 2 hours of solar access to the principal living rooms and private open space. If these units are included, the total number of units receiving solar access would be 74%.

The difficulty in achieving the RFDC and Hornsby DCP provisions for solar access relate to the irregular shape and orientation of the site. The longest elevation is to the east. The eastern elevation along Waitara Avenue loses solar access from 10.30am in mid-winter. The proposed building footprint along Waitara Avenue is consistent with the existing built form in the precinct. In the circumstances and given the nature of development characteristic of the locality, the proposed building configuration is acceptable and reasonable solar amenity for the proposed dwellings has been demonstrated.

The communal area would be orientated towards the northern, eastern and western boundaries and would receive 2 hours of solar access in midwinter.

The proposal would not compromise the solar access provisions of any future redevelopment of the Asquith Leagues Club to the south of the site.

2.9.12 Housing Choice

The proposed development includes a mix of one, two and three bedroom units and includes adaptable housing units. The percentage of the adaptable complies with the required 30% and is considered acceptable.

2.9.13 Vehicle Access and Parking

The proposed basement car park is over two levels and is accessed via a 6.1m wide driveway from Waitara Avenue. The parking provision is in accordance with the minimum number of car spaces prescribed by the Hornsby DCP. The driveway width, ramp gradients and aisle widths are assessed as satisfactory. The basement level includes storage areas for residents.

2.10 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 51 residential units in lieu of the three existing residences. Accordingly, the requirement for a monetary Section 94 contribution has been recommended as a condition of development consent.

3. ENVIRONMENTAL IMPACTS

3.1 Natural Environment

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 two Eucalyptus trees which are located on the neighbouring property to the north.

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.

3.2 Built Environment

3.2.1 Built Form

The building would be located within an existing high density precinct characterised by 8 to 9 storey residential flat buildings in a landscaped setting with underground car parking. The built form of the proposal would be consistent with the existing and the desired future character of the precinct.

3.2.2 Traffic

A submission raises concern regarding the increase in traffic in the area as a result of the proposed development.

The development provides the required quantum of car parking spaces and has been assessed as having a traffic generation consistent with that expected when the land was rezoned to permit higher density residential development.

A Traffic and Parking Impact Assessment has been submitted with the proposal. The report concludes that the proposed development would generate 13 vehicle trips in peak hour traffic which is considered acceptable regarding the capacity of the road network. Notwithstanding this, traffic management measures are to be provided for the precinct in accordance with Council’s Section 94 plan including traffic signals at the intersection of Alexandria Parade and Waitara Avenue. This will assist in managing the traffic anticipated by this development.

Furthermore, the site is in close proximity to shopping facilities and public transport. Waitara railway station is south of the site, within some 100 metres walking distance. Services through Waitara operate on a 15 minute headway in each direction, with service frequency further improving in peak periods. In addition, a number of bus services run along Edgeworth David Avenue, with services in walking distance to the site. The site is also within walking distance of the Hornsby Town Centre which provides a full range of retail services and facilities.

3.2.3 Stormwater Management

The development proposes to connect to Council’s drainage system located in Waitara Avenue via an above ground on-site detention (OSD) system 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.

3.3 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 Waitara Railway Station and Hornsby Town Centre allowing direct access to retail, business, recreational, health and educational facilities for future residents.

3.4 Economic Impacts

4. SITE SUITABILITY

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

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 29 November 2013 and 29 January 2014 in accordance with the HDCP 2013. During this period, Council received one submission.

The design was subsequently modified and the amended proposal was notified to adjoining and nearby landowners between 18 March 2014 and 2 April 2014. During this period, Council received two submissions. One of the submissions reiterated the original objection in response to the amended plans.

The map below illustrates the location of the nearby landowner who made a submission that is in close proximity to the development site.

NOTIFICATION PLAN
• PROPERTIES NOTIFIED	X SUBMISSIONS RECEIVED	PROPERTY SUBJECT OF DEVELOPMENT
One submission received out of map range

One submission was received in response to the initial notification of the application and two submissions object to the development in response to the amended plans. The submissions object to the proposal generally on the following grounds:

· Non-compliance with numerous building rules and regulations.

· Increased traffic in the area.

· Possible structural impact on the adjoining development.

The merits of the matters raised in community submission have been addressed in the body of the report and as follows:

5.1.1 Structural Impact of Development on Adjoining Development

With respect to concerns regarding the impact of the excavation for the basement, a condition is recommended to be imposed on the consent requiring a ‘Dilapidation Report’ to be prepared by a ‘chartered structural engineer’ detailing the structural condition of all adjoining properties.

5.2 Public Agencies

The development application is not Integrated Development under the Act. Accordingly, the application was not referred to an Agency for comment:

6. THE PUBLIC INTEREST

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

CONCLUSION

The application seeks approval for the demolition of the existing structures and the construction of a nine storey residential flat building comprising 54 units with basement car parking. The proposed development would be located on a site within a locality zoned as a high density residential precinct.

The proposal does not comply with the Clause 4.6 (Height of Buildings) of the Hornsby Local Environmental Plan 2013. A submission pursuant to Clause 4.3 of the Hornsby Local Environmental Plan 2013 has been submitted to support the development, which is considered well-founded.

The proposed development is satisfactory in respect to the design principles under SEPP 65 and the best practice guidelines of the SEPP 65 – Residential Flat Design Code, subject to recommended conditions. The proposed development has regard to the requirements of the Hornsby DCP and is considered acceptable in the existing high density precinct.

The application is recommended for approval.

Rod Pickles

Manager - Development Assessment

Planning Division

James Farrington

Group Manager

Planning Division

Attachments:

1.View	Locality Map
2.View	Ground Floor and Site Plan
3.View	Floor Plans
4.View	Elevations and Sections
5.View	Shadow Diagrams
6.View	Landscape Plan

File Reference: DA/1255/2013

Document Number: D02969469

SCHEDULE 1

GENERAL CONDITIONS

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

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

1. Approved Plans and Supporting Documentation

Architectural Plans prepared by Zhinar Architects

Plan No.	Issue	Plan Title	Dated
8270 DA-G:00	G	Cover Page	23.05.2014
8270 DA-G:02	G	Basement 2 Plan	23.05.2014
8270 DA-G:03	G	Basement 1 Plan	23.05.2014
8270 DA-G:04	G	Ground Floor + Site Plan	23.05.2014
8270 DA-G:05	G	Level 1-3 Plan	23.05.2014
8270 DA-G:06	G	Level 4-6 Plans (Typical)	23.05.2014
8270 DA-G:07	G	Level 7 Plan	23.05.2014
8270 DA-G:08	G	Level 8 Floor Plan	23.05.2014
8270 DA-G:09	G	Roof Plan	23.05.2014
8270 DA-G10	G	North Elevation	23.05.2014
8270 DA-G:11	G	South Elevation	23.05.2014
8270 DA-G:12	G	East Elevation	23.05.2014
8270 DA-G:13	G	West Elevation	23.05.2014
8270 DA-G:14	G	Section A	23.05.2014
8270 DA-G:15	G	Section B	23.05.2014
8270 DA-G:16	G	Section C	23.05.2014

Landscaping Plans prepared by Vision Dynamics Pty Ltd

Plan No.	Revision	Plan Title	Dated
13173 DA1	B	Landscape Concept Plan	5.03.2014

Stormwater Drainage Plans prepared by Donovan Associates

Plan No.	Issue	Plan Title	Dated
D1	D	Details, Legend and Notes	23.05.2014
D2	D	Stormwater Management Plan – Basement 2 Floor	22.05.2014
D3	D	Stormwater Management Plan – Basement 1 Floor	22.05.2014
D4	D	Stormwater Management Plan –Site/Ground	22.05.2014
D5	D	Stormwater Details	23.05.2014
D6	D	Cross Sections – Overland Flow	23.05.2014
D7	D	Calculations	23.05.2014

Supporting Documents

Document Title	Prepared by	Dated
Detail and Level Survey (Reference: Drawing No. 5965 Issue B)	SDG	14.05.2014
Site Analysis (Reference: Drawing No. 8270 DA-G:01 Issue G)	Zhinar Architects	23.05.2014
Shadow Diagram 9.00am & 12.00pm (Reference: Drawing No. 8270 DA-G:17 Issue G)	Zhinar Architects	23.05.2014
Shadow Diagram 3.00pm (Reference: Drawing No. 8270 DA-G:18 Issue G)	Zhinar Architects	23.05.2014
Material Schedule (Reference: Drawing No. 8270 DA-G:19 Issue G)	Zhinar Architects	23.05.2014
Photomontage (Reference: Drawing No. 8270 DA-G:20 Issue G)	Zhinar Architects	23.05.2014
Solar Access Plan 01 (Reference: Drawing No. 8270 DA-G:21 Issue G)	Zhinar Architects	23.05.2014
Solar Access 02 (Reference: Drawing No. 8270 DA-G:22 Issue G)	Zhinar Architects	23.05.2014
Solar Analysis – Eastern Elevation 01 (Reference: Drawing No. 8270 DA-G:23 Issue G)	Zhinar Architects	23.05.2014
Solar Analysis – Eastern Elevation 02 (Reference: Drawing No. 8270 DA-G:24 Issue G)	Zhinar Architects	23.05.2014
Solar Analysis – Western Elevation (Reference: Drawing No. 8270 DA-G:25 Issue G)	Zhinar Architects	23.05.2014
Statement of Environmental Effects (Reference No. 0221/13)	Planning Ingenuity	7 November 2013
Statement of Environmental Effects – Addendum (Reference No. 0221/13)	Planning Ingenuity	6 March 2014
SEPP 65 Design Verification Statement (Reference No. 08270 Issue C)	Zhinar Architects	6 March 2014
Traffic and Parking Assessment Report (Reference No. 13425)	Varga Traffic Planning Pty Ltd	28 February 2014
Access Compliance Assessment Report (Reference No. 2013-105SS-R1)	Certified Building Specialist	5 March 2014
BASIX Certificate No. 513263M_02	Building Sustainability Assessments	5 March 2014
Overland Flow Study Report (Reference No. E78437 Revision 5)	Donovan Associates	22 May 2014
Sediment Control Plan (Reference No. D8 Issue D)	Donovan Associates	23.05.2014
Sediment Control Details (Reference No. D9 Issue D)	Donovan Associates	23.05.2014
Waste Management Plan	Advance International Investment Group Pty Ltd	17 February 2014
Arboricultural Impact Assessment (Reference No. 9031)	Redgum Horticultural	30 October 2013
DA Acoustic Assessment (Reference No. 20130887.1)	Acoustic Logic	24.10.2013

2. Amendment of Plans

The following approved plans listed in Condition 1 are to be amended in accordance with the Ground Floor + Site Plan as approved in Drawing No. 8270 DA-G:04, Issue G prepared by Zhinar Architects Ltd dated 23.05.2014:

Landscaping Plans prepared by Vision Dynamics Pty Ltd

Plan No.	Revision	Plan Title	Dated
13173 DA1	B	Landscape Concept Plan	5.03.2014

3. Removal of Existing Trees

This development consent only permits the removal of trees identified for removal in the Arboricultural Impact Assessment prepared by Redgum Horticultural dated 30 October 2013. The removal of any other trees requires separate approval under Tree and Vegetation Chapter 1B.6 Hornsby Development Control Plan 2013.

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. Section 94 Development Contributions

Description	Contribution (4)
Roads	$59,530.35
Open Space and Recreation	$643,123.00
Community Facilities	$90,145.10
Plan Preparation and Administration	$2,634.00
TOTAL	$795,432.45

being for 51 additional dwellings.

$C_{PY =}$C_DC x CPI_PY

CPI_DC

Where:

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

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

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

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

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

6. Building Code of Australia

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

7. Contract of Insurance (Residential Building Work)

8. Notification of Home Building Act, 1989 Requirements

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

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

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

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

i) The name of the owner-builder; and

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

9. 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.

10. Dilapidation Report

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

11. Car Parking and Deliveries

All car parking must be designed, 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 requirements

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 parking for people with disabilities is to comply with AS/NZS 2890.6:2009 Off-street parking for people with disabilities.

f) Bicycle parking spaces are to be designed in accordance with AS 2890.3-1993 Bicycle parking facilities.

g) Motorcycle parking spaces are to be designed in accordance with AS 2890.5-1993.

12. Adaptable Units

A minimum of 16 units are to be provided as adaptable housing in accordance with AS4299 (Class A). Six (6) of the units are to be allocated a car parking space designed for people with a disability per AS2890.6. Details of the 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.

14. 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.

15. Traffic Control Plan

Date Lodged	Councillor/Designated Person (Position)	Reason for Lodgement
13 May 2014	Principal Strategic Planner	New employee
28 April 2014	Media Coordinator	New appointment
1 May 2014	Manager, Strategy and Communications	New appointment

1.View	HSC Investment Portfolio as at 30 April 2014
2.View	HSC Borrowings Schedule as at 30 April 2014

1.View	Schedule A - Debtor Write-Off
2.View	Schedule B - Debtor Write-Off

1.View	DLG Circular 14-12 - Local Government Remuneration 2014
2.View	Remuneration Tribunal Report 2014

1.View	Attachment 1 - Dog Pound Creek and Other Reserves
2.View	Attachment 2 - Part of Arcadia Park
3.View	Attachment 3 - Tim Brownscombe Reserve