Agenda of General Meeting

Group Manager’s Report No. PL45/14

Planning Division

Date of Meeting: 9/07/2014

5 DEVELOPMENT APPLICATION - FIVE STOREY RESIDENTIAL FLAT BUILDING COMPRISING 31 UNITS - 427-431 PACIFIC HIGHWAY, ASQUITH

EXECUTIVE SUMMARY

DA No:	DA/186/2014 (Lodged 4 March 2014)
Description:	Construction of a five storey residential flat building containing 31 units with basement car parking
Property:	Lot 15 DP 662746, Lot 1 DP 136220 and Lot 17 DP 662749, Nos. 427-431 Pacific Highway, Asquith
Applicant:	Gelder
Owner:	Ms Larnie Judith Tierney, Ms Denise Lamond, Ms July Lau
Estimated Value:	$7.79 million
Ward:	A

· The application proposes demolition of existing structures and construction of a five storey residential flat building comprising 31 units with basement car park.

· 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 2013.

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

· It is recommended that the application be approved.

RECOMMENDATION

THAT Development Application No. DA/186/2014 for demolition of existing structures and construction of a five storey residential flat building comprising 31 units with basement car parking at Lot 15 DP 662746, Lot 1 DP 136220 and Lot 17 DP 662749, Nos. 427-431 Pacific Highway, Asquith be approved subject to the conditions of consent detailed in Schedule 1 of Group Manager’s Report No. PL45/14.

BACKGROUND

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

The subject application for demolition of existing structures and construction of a five storey residential flat building comprising 31 units with basement car parking was lodged on 4 March 2014.

On 31 March 2014, Council sent a letter to the applicant raising concerns regarding the design of the building and other planning issues. Subsequently, meetings were held between Council officers and the applicant to discuss the concerns.

On 23 May 2014 and 6 June 2014, amended plans were submitted addressing Council’s concerns.

SITE

The site comprises three allotments, Nos. 427, 429 and 431 Pacific Highway and is located on the western side of the road. The site is irregular in shape, has an area of 1906 m² and a 46m frontage to the Pacific Highway. The site has a mild slope from the south-western (rear) corner to the north-eastern corner (front).

Existing improvements on the allotments include three dwelling-houses with associated garages and carports. Vehicular access to the site is via existing driveways from Pacific Highway.

The site contains a number of exotic, native and locally indigenous trees.

The footpath in front of the site is at a lower level than the Pacific Highway carriageway and slopes downward to north. An open drain runs along the edge of the footpath across the frontage of the site. A number of street trees are located on the verge fronting the subject site.

The surrounding developments include single and two storey residential dwellings. The Asquith Leisure and Learning Centre/Nursery and Preschool (owned and operated by Hornsby Council) is located at Nos. 421-425 Pacific Highway adjoining the southern boundary of the site.

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 31 units with two levels of basement car parking and associated landscaping works.

The unit mix would comprise of 4 x studio, 22 x 2 bedroom and 5 x 3 bedroom units. The units would be accessed via a lift and would include balconies fronting the street, rear and side setbacks.

The development would be accessed from the Pacific Highway via a driveway located close to the northern boundary of the site. A separate pedestrian entry would provide access to all levels from the foyer. A total of 43 car parking spaces, including 7 visitors’ parking spaces are proposed in two basement levels.

The site would drain to the Pacific Highway with a below ground detention tank proposed under the driveway.

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 provided a framework for Council in its preparation of the Hornsby Local Environmental Plan 2013.

Within the North Subregion, the Draft Metropolitan Strategy proposes:

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

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

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

The proposed development would be consistent with the Metropolitan Plan for Sydney 2031 by providing 28 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) 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 promote 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 proposed development is defined as ‘residential flat building’ under the HLEP and is permissible in the zone with Council’s consent.

2.1.2 Height of Buildings

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

2.1.3 Heritage Conservation

Clause 5.10 of the HLEP sets out heritage conservation provisions for Hornsby Shire. The site does not include any heritage item and is not located within a heritage conservation area identified in the HLEP. The existing house at No. 419 Pacific Highway is identified as a heritage item of local significance under the HLEP. However, the site does not immediately adjoin this item and is separated by the buildings and open spaces associated with the Asquith Learning and Leisure Centre. The development would not impact on the heritage significance of the item.

2.1.4 Earthworks

Clause 6.2 of the HLEP states that consent is required for proposed earthworks on site. Before granting consent for earthworks, Council is required to assess the impacts of the works on adjoining properties, drainage patterns and soil stability of the locality.

Council’s assessment of the proposed earthworks and excavation concludes that the proposal is satisfactory subject to conditions regarding submission of a dilapidation report assessing the impact of the excavation on the adjoining properties.

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 that the proposed development achieves the design principles of SEPP 65. An assessment against the design principles has been included in the Statement of Environmental Effects. The design principles of SEPP 65 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 the Asquith shopping centre. The desired future character of the area, as outlined in the Hornsby Development Control Plan 2013, is that of a high density residential precinct incorporating five storey developments in garden settings with parking in basements.

The SEPP 65 assessment indicates that the proposal responds to the desired future character of the precinct as envisaged by Council. A well articulated building is proposed retaining the peripheral trees to maintain the landscaped setting. Once the development of the precinct is completed, the proposal would integrate with the surrounding sites and would be in keeping with the desired urban form. It is considered that the proposed building would contribute to the identity and future character of the precinct.

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

2.3.2 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 recessed walls, balcony projections and the appropriate use of materials and finishes. A flat roof form has been adopted for the building with an increased top storey setback to minimise bulk and height of the building and to mitigate amenity impacts to adjoining properties. The proposal complies with the built form principle of SEPP 65.

2.3.4 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 considered 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. Additionally, large trees intercepted by shrubs and hedges are proposed to be planted along the periphery in addition to retention of trees within the site and the road reserve. This would soften the appearance of the development when viewed from the street. Deep soil zones are provided around the building envelope which would enhance the 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. Storage areas have been provided within each unit and within the basement levels. The proposal would provide convenient and safe access via a central lift connecting the basement and all other levels. The proposal satisfies the ‘Amenity’ principle of SEPP 65.

2.3.8 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 the Pacific Highway. The communal open space is proposed to be located at the rear with no direct access from the lobby. Communal facilities such as seating and BBQ areas are proposed to activate this space and increase surveillance opportunities.

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

2.3.9 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 Hornsby Development Control Plan 2013 includes prescriptive measures for housing choice and for adaptable housing provisions. 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 generally consistent with the design principles contained within the Residential Flat Design Code and Hornsby Development Control Plan 2013. It is considered that the aesthetic quality of the building would contribute to the desired future character of the precinct. A detailed 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	26%	Min 25%	Yes
Communal Open Space	32%	25-30%	Yes
Ground Level Private Open Space	25m² Min Dimension 3.5m-4m	25m² Min Dimension 4m	Yes No
Minimum Dwelling Size	1 br – >50m² 2 br – >70m² 3 br – >95m²	1 br – 50m² 2 br – 70m² 3 br – 95 m²	Yes Yes Yes
Unit Depth and Maximum Kitchen Distance	8m	8m	Yes
Minimum Balcony Depth	2.5m	2m	Yes
Ceiling Heights - Residential Floors	2.8m	2.7m (Min)	Yes
Total Storage Area	1 br - > 6m³ 2 br - > 8m³ 3 br - > 10m³ 50% accessible from the apartments	6m³ (Min) 8m³(Min) 10 m³ (Min) 50% accessible from the apartments	Yes Yes Yes Yes
Dual Aspect & Cross Ventilation	77%	60%	Yes
Adaptable Housing	30%	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. Below is a brief discussion regarding the relevant development controls and best practice guidelines.

2.4.1 Building Depth and Separation

The proposed building depth and the design of the building facades are in accordance with the requirements of Council’s Hornsby Development Control Plan 2013 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 topmost level of the proposed development (5^th floor) does not comply with this requirement. The matter has been 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 for 3 units. However, the proposed ground floor open space areas are considered appropriate for the respective ground floor units in respect to dwelling size, aspect, unit configuration and amenity.

The private open space areas have been designed in accordance with the requirements of Council’s Hornsby Development Control Plan 2013 which states that the deep soil area within the setbacks of the development should be retained as communal open space. The objective of this control is to provide a landscaped setting to the development. As such, a minimum depth of 3.5m has been provided and the numerical non-compliance is considered to be minor and thus 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. The habitable areas of all units would be well ventilated and the balconies are orientated to maximise solar access. The typical floor layouts indicate that the apartments would include long corridors at the entrances and irregular shaped rooms which are not encouraged. However, the proposed apartment layouts are functional and satisfy the RFDC requirements for internal privacy, access to sunlight, natural ventilation and acoustic privacy.

The irregular shaped room layouts do not warrant refusal of the application. It is considered that the apartment layout and mix achieves the intent of the best practice requirements of the RFDC and is acceptable in this regard.

2.4.4 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 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.

2.4.5 Acoustic Privacy

The internal layout of the residential units is designed so 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. The spaces provided in the basement exceed that required by the RFDC and are assessed as satisfactory.

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 located immediately adjoining a classified road corridor (Pacific Highway) and rail corridor. The following matters are required to be considered pursuant to the SEPP.

2.7.1 Development with Frontage to a Classified Road

The proposal has been assessed against the requirements of Clause 101 of SEPP (Infrastructure) as the site has frontage to the Pacific Highway and proposes new vehicular access from the road.

The proposed development was referred to the NSW Roads and Maritime Services (RMS) for concurrence under Section 138 of the Roads Act 1993. No objections have been raised regarding the driveway location subject to conditions of consent. Council’s engineering assessment in this regard concludes that the width of the driveway is satisfactory to enable vehicles to pass and enter and leave the site in a forward direction.

RMS requires the construction of a 300mm wide median on Pacific Highway along the entire frontage of the site to restrict vehicular movements to left in and left out. This has been recommended as a condition of consent in Schedule 1 of this report. Detailed design of the median in accordance with RMS specifications would be prepared and approval obtained prior to the issue of the Construction Certificate.

A condition of consent is required to pipe the open drain located in front of the site to improve the functionality of the road reserve.

2.7.2 Impact of Road Noise

Assessment of the impact of road noise on a residential use is required pursuant to Clause 102 of SEPP (Infrastructure), where a development fronts a road with an annual average daily traffic volume of more than 40,000 vehicles. The Traffic and Parking Report submitted by the applicant states that the section of the Pacific Highway fronting the site had an annual average daily traffic volume of approximately 19,000 vehicles in 2005 and that the traffic volume has not changed significantly since then. Accordingly, based on traffic generation along this section of the Pacific Highway, the SEPP does not apply.

Notwithstanding, the applicant has submitted a detailed Acoustic Assessment report. The report provides details of construction techniques and measures to attenuate road and rail noise and vibration. The report concludes that the development would not exceed the specified noise criteria and L_Aeqlevels within Clause 102 of the SEPP (Infrastructure) subject to adherence to the recommendations. Council’s assessment in this regard concludes that the proposed noise mitigation measures are satisfactory.

The Construction Certificate Plans would be required to demonstrate compliance with the recommendations of the acoustic report through the use of appropriate materials for glazing and construction.

2.7.3 Traffic Generating Development

The development is not classified as a Traffic Generating Development in accordance with Clause 104 and Schedule 3 of SEPP (Infrastructure) as it would not result in more than 75 dwellings fronting a classified road. No objections have been raised by RMS with regard to traffic generation.

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:

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.

2.9 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 requirements within Hornsby Development Control Plan 2013 (HDCP). The development controls within “Section 3.4-Residential Flat Building (5 storeys)” of the HDCP applies to the site in addition to the general controls within Part 1 of the document. 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

46m

30m

Yes

Height

5 storeys – 17.5m

Yes

Maximum Floorplate Dimension

36m (N-S)

22m (E-W)

35m

Yes

Height of basement above ground

1m – 1.4m (NE corner)

1m (max)

Indent

4m x 4m

Yes

Front Setback

(Pacific Highway)

10m

8m (for 11.9m length) < 1/3 frontage

7m (balconies)

10m

8m < 1/3 of frontage(11.9m)

7m (balconies)

Yes

Rear Setback

10m

8m (for 4m length) < 1/3 frontage

7m (balconies)

10m

8m < 1/3 of frontage

7m (balconies)

Yes

Northern Side Setback

4m (for 7m length)< 1/3 frontage

6m (balconies)

4m < 1/3 frontage

6m (balconies)

Yes

Southern Side Setback

4m (for 8m length) < 1/3 frontage

No balconies proposed

4m < 1/3 frontage(7.5m)

6m(balconies)

Yes

Top Storey Setback From Ground Floor

3m additional

Yes

Underground Parking Setback

7m front and rear

4m sides

7m front and rear

4m sides

Yes

Basement Ramp Setback

12m (from northern side boundary)

Yes

Building Separation

12m (for unscreened areas up to level 4)

18m (for unscreened areas on level 5)

12m (for unscreened areas up to level 4)

18m (for unscreened areas on level 5)

Yes

Deep soil Landscaped areas

7m front and rear

4m sides

7m front and rear

4m sides

Yes

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

Communal Open Space with minimum dimension 4m

32%

50m² (min)

25%

50m² (min)

Yes

Parking (site within 800m of railway station)

35 resident spaces

7 visitor spaces

12 bicycle racks

1 motorbike space

34 resident spaces

5 visitor spaces

11 bicycle racks

1 motorbike space

Yes

Solar Access

87% units receive 2 hours

2 hours to Communal Open Space

70% units receive 2 hours

2 hours to Communal Open Space

Yes

Housing Choice

1 br unit – 13%

2 br unit – 71%

3 br unit - 16%

10% of each type (min)

Yes

Adaptable Units

30%

Yes

As detailed in the above table, the proposed development does not comply with the prescriptive measures within HDCP regarding floorplate dimensions, wall panel lengths, basement projection above ground. 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 R4 (High Density Residential) Zone as part of Council’s Housing Strategy.

The proposed building is in accordance with required key principles for the future character of the precinct for well articulated five storey residential flat buildings in garden settings with basement car parking. The proposal complies with the desired outcome for the precinct.

2.10.2 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 46m to the Pacific Highway and complies with this requirement. The proposal would not result in the isolation of any site for future development.

2.10.4 Height Requirements

The proposed building complies with the 17.5 metre maximum height limit. The proposed basement car park would project 1.4m above finished ground level at the north-eastern corner resulting in non-compliance with the requirements of the HDCP.

As noted earlier in the report, the site slopes towards the north-eastern side (road frontage). The non-compliance with height above ground arises from the requirement to accommodate small rigid vehicle access to the basement which requires a vehicle height clearance of 3.5 metres. Given that this is an essential requirement for all similar developments fronting Pacific Highway and that the overall height complies with the provisions of the HLEP, this non-compliance is considered acceptable.

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:

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. However, the non-compliance with the building length would not unreasonably compromise the privacy, natural ventilation or solar access of any adjoining development in the future as the encroaching section incorporates highlight windows only with no balconies.

The building length that exceeds the requirement is minor compared to the overall scale of the building (500mm). The building length would also not have any negative visual impact on the streetscape as it relates to the side façade only.

Top Storey Setback

The building incorporates a 3m additional setback for the top storey on all sides and would achieve a minimum 18m building separation at the fifth level from the adjoining future developments to the north or south. The terraces on the front and rear sides adjoining the units on the uppermost floor would extend over the roof space of the lower floors. As a result, a minor section of the terrace at the rear would be setback 7m from the rear boundary thus not achieving the required 18m building separation from a future development at the rear. Given this, a condition of consent is recommended to setback the terrace by an additional 2m to provide a minimum 9m setback from the rear boundary (half the building separation required).

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 Building Separation

The proposal complies with the setbacks thus achieving the building separation requirements for residential flat buildings as stipulated by SEPP 65 and HDCP except the terrace at the rear of the uppermost level. Conditions of consent would ensure that appropriate setbacks are achieved at the topmost level via amendment of plans.

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

2.10.7 Floorplate, Separation and Articulation

Indentation

The proposed building exceeds the maximum floorplate length of 35m as required by the HDCP.

However, the non-compliance with regard to dimension is minor (1m) having regard to the overall scale of the development. The proposed indents and the variable setbacks coupled with the façade articulation would achieve the required pavilion form. Therefore, the numerical non-compliance is acceptable.

Articulation

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

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

· The facades have been divided into vertical ‘panels’, no wider than 8 metres, except one panel on the southern elevation (10m length). All such, panels have been visually separated by indentations and projections across the alignment of the exterior walls, balconies and terraces to achieve the desired articulation.

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

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

· The building would incorporate contemporary colours with a varied range of materials and finishes.

The design of the floor plates, the proposed indentations and materials and finishes would result in appropriate articulation of the facades.

2.10.8 Landscape

The proposal complies with the landscape and deep soil provisions within the HDCP. The extent of hard stand areas proposed is considered to be minimal, as provision has been made for deep soil areas to accommodate mature canopy trees, retain peripheral trees, street trees and achieve a soft landscape setting around the built form.

The design of the building incorporates privacy screens for ground floor courtyards. Courtyards fronting the Pacific Highway include planter boxes to act as screens.

A masonry front fence with a height of 1.5m is proposed along the entire frontage of the site which does not comply with the requirements of the HDCP. Given that the site fronts a busy highway, the additional height of the fence would act as a privacy and noise screen. Accordingly, the design of the fence is acceptable.

2.10.9 Open Space

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

The proposal includes communal open space at the rear and sides with seats, landscaped areas and BBQ facilities. The primary area would be located to the west and receive a minimum of 2hours of unobstructed sunlight between 9am and 3 pm during Winter Solstice. It is noted that direct access to the communal open space has not been provided through the lobby. However, a continuous path of travel is provided around the building to access the facilities at the rear. The design of the communal open is assessed as satisfactory.

2.10.10 Privacy

The matters in relation to acoustic privacy of the units have been discussed in detail under “Residential Flat Design Code” in Section 2.4 of this report. The proposal achieves the privacy requirements of the HDCP via appropriate setbacks, highlight windows in many sections of the building and careful location of the habitable areas.

2.10.11 Solar Access

The applicant has submitted solar access diagrams demonstrating compliance of individual units with solar access requirements. As the site is located within a redevelopment precinct, the solar access analysis has taken into account the overshadowing impacts from future five storey developments on adjoining sites. The applicant submits that 87% (27/31) of the units would receive a minimum 2 hours of unobstructed sunlight access between 9am and 3pm on June 22. Council’s assessment in this regard concludes that the proposal is satisfactory in providing solar access for future occupants of the units.

2.10.12 Housing Choice

The proposed development includes a range of housing types and provision for people with disabilities and for aging in place in accordance HDCP prescriptive measures.

A condition is recommended for four units to be accessible for people with a disability and for ten dwellings to be adaptable for disabled access.

2.10.13 Vehicle Access and Parking

The proposed basement car park is over two levels and is accessed via a 6m wide driveway from the Pacific Highway. The parking provision is in accordance with the minimum number of car spaces prescribed by the HDCP. The driveway width, ramp gradients and aisle widths are assessed as satisfactory. The basement level includes storage areas for residents and a bicycle parking area.

The development would allow Small Rigid Vehicle (SRV) access to the upper basement to facilitate garbage collection. The turning area at the upper basement level would allow the SRV to reverse and egress the site in a forward direction subject to the deletion of the disabled visitors space. Given that parking is provided in excess of the requirements, a condition is recommended to delete this parking space and utilise it for truck turning.

2.10.14 Lords Avenue, Asquith Precinct

The strategy for redevelopment of this precinct is to incorporate five storey residential flat buildings in garden settings with parking in basements.

The development would provide for a landscaped setting and a built-form that is consistent with the desired future outcome for the Lords Avenue, Asquith Precinct.

2.10.15 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.

A garbage room would be provided at the basement level 1 capable of accommodating 3 x 660 litre garbage bins plus 7 x 240 litre recycling bins. Each residential level would include a garbage chute. The chute would empty into the garbage room. No carousel/volume handling equipment is required for this development. The basement also includes a room for placement of unwanted bulky items awaiting collection. The requirement of a recycling cupboard adjoining the garbage chute at each residential level is included as a condition of consent.

The upper basement level would allow the manoeuvring of a SRV for garbage collection twice weekly.

The proposal is assessed as satisfactory against the provisions of the HDCP in this regard.

2.10.16 Accessible Design

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

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

2.10.17 Crime Prevention

The design orientates the balconies and windows of individual units mainly towards the front and rear 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 Pacific Highway. Access control is achieved by excluding access from the lobby to the communal open space internally.

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

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

2.10.18 Stormwater Management

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

A condition of consent recommends the piping of the open drain in front of the site to improve the stormwater conditions in the locality.

2.10.19 Public Domain and Traffic Management

The proposed development would result in 28 additional units and is not classified as a traffic generating development. The applicant has submitted a Traffic and Parking Assessment Report. The report concludes that the proposed development would generate 9 vehicle trips in peak hour traffic which is considered acceptable having regard to the capacity of the surrounding road network. Council’s traffic assessment does not raise any objection to the proposed development and it is considered that the Pacific Highway is capable of accommodating the additional traffic.

A Traffic Management Improvement Plan, figure 3.4(k), is included in the HDCP relating to the Asquith precinct. This includes the extension of Wattle Street to Amor Street, construction of a new roundabout at the junction of Wattle Street, Amor Street and Lords Avenue and restriction of left in, left out movements from Amor Street to Pacific Highway. These improvements have been included in the Works Schedule in Council’s Section 94 Development Contribution Plan 2012 – 2021 for implementation. These works would provide for the increase in traffic in the area and ease of traffic flow within the existing network. As discussed earlier in this report, RMS requires the applicant to construct central median on Pacific Highway in accordance with figure 3.4(k) of the HDCP.

The proposal is in keeping with the key principles diagram and desired future outcome for the precinct.

3. ENVIRONMENTAL IMPACTS

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

3.1 Natural Environment

3.1.1 Trees

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

The proposed development would necessitate the removal of the majority of the trees from the site to facilitate redevelopment. The application includes an Arborist Report which identifies and assesses the impact of the development on the existing street trees and trees within the neighbouring properties.

Council’s assessment of the proposal includes a detailed examination of the existing trees on site and concludes that the proposal is acceptable subject to tree protection fencing being erected around the street trees and the trees within the neighbouring properties. Additionally two mature trees (exempt from Council’s Tree Preservation Order) located at the north-east and south-eastern corners are proposed to be retained to enhance the landscape setting.

It is noted that two street trees would require removal to accommodate the driveway. It is considered that the removal of the trees is acceptable in the circumstances of the case.

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

3.2 Built Environment

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.

3.3 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 Centre 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 20 March 2014 and 14 April 2014 in accordance with the HDCP. During this period, Council received three submissions. Subsequently the applicant lodged amended plans and the application was re-notified to adjoining and nearby landowners between 27 May 2014 and 10 June 2014. During this period, Council received no 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

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

· Adverse impact on privacy of the residents;

· Unacceptable traffic on local streets;

· Unacceptable overshadowing of adjoining properties;

· Unacceptable noise from activities at the development;

· Development that is excessive in bulk and scale;

· Unacceptable impact on the neighbouring buildings due to excavation over 7m and noise and vibration due to construction works;

· Unacceptable impact on the privacy of the residents at the rear;

· Unacceptable impacts on the children at Asquith Nursery and Pre-school due to asbestos, noise and vibration and dust generation; and

· Excessive stormwater runoff from the development causing nuisance for properties fronting Lords Avenue.

Additionally the submissions made the following observations:

· The windows facing the rear boundary should be soundproof and highlight windows only;

· The balconies fronting the rear should have solid balustrades;

· The balconies should maintain a minimum 12m setback from the adjoining buildings to the north;

· Controlled access should not be provided for visitors parking spaces;

· The development would restrict access to properties on Lords Avenue due to parking of construction vehicles during works on site;

· The proposal does not comply with the provisions of the HDCP in regard to setbacks, basement projection, impact on privacy of neighbouring properties, building separation requirements and solar access;

· The development would prevent easterly wind access to the properties at Lords Avenue. Therefore a minimum 5m gap should be maintained between the two building pavilions to create a wind corridor;

· The Traffic Report fails to assess the cumulative traffic impact of the Lords Avenue precinct and traffic disruptions during construction works on site;

· The public transport system in Asquith would not be able to cater for the development satisfactorily;

· Construction vehicles would block pedestrian sight lines;

· Dust suppression measures should be utilised on site;

· The dust and dirt in the locality would increase due to rezoning of the precinct;

· The submitted plans do not include information regarding existing ground level and therefore the floor levels of the development cannot be compared with the existing floor levels for dwellings along Lords Avenue;

· The road and rail noise from Pacific Highway and Rail corridor are dampened to some extent due to presence of mature vegetation. The development should maintain such screening to prevent noise penetration on to Lords Avenue;

· The reflective white colour of the rear façade would cause glare; and

· Solid fence should be erected along the rear boundary at the developers cost.

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 Privacy at the Rear

The building complies with HDCP with regard to setbacks and building separation. Given that this is a redevelopment precinct, it is anticipated that the properties at the rear would be redeveloped for the purpose of 5-storey residential flat building in the future. The location of the balconies and windows would maintain appropriate levels of privacy for the future occupants of such developments. Further the development also includes appropriate landscaping with screen planting and canopy trees at the rear. Accordingly, it is not considered that any further restriction to materials and glazing is required.

5.1.2 Dust, Noise Control and Hazardous Materials

Conditions of consent are recommended to ensure that dust suppression methods and noise control measures are undertaken during construction works. Disposal of any asbestos on site would be undertaken in accordance with recommended conditions of consent and WorkCover requirements.

5.1.3 Parking of Construction Vehicles

Construction vehicles would be parked within the site during construction in accordance with recommended conditions of consent.

5.1.4 Traffic Impact

Cumulative impact of the redevelopment precinct on the traffic network of the locality was considered at the time of rezoning of the area. Accordingly, traffic management works have been proposed as discussed in Section 2.10 of this report.

5.1.5 Restriction to Wind Access

The building separation provisions allow wind access to all properties. Given that the building generally complies with the setback and building length requirements, no further assessment in this regard is necessary.

5.1.6 Stormwater Runoff and Existing Ground Levels

The submitted documentation includes a Survey Plan with all existing ground levels. The engineering plans indicate that stormwater from the development would be connected to the Council’s drainage system on Pacific Highway. Council’s engineering assessment concludes that the stormwater management plans are satisfactory and that the stormwater runoff from the site would not cause hazard to the properties fronting Lords Avenue.

5.1.7 Fencing

A condition of consent is recommended requiring construction of 1.8m high boundary fence along all boundaries behind the building line.

5.2 Public Agencies

The development application was referred to the following Agencies for comment:

5.2.1 Roads and Maritime Services

The application was referred to the Roads and Maritime Services (RMS) for comments under the provisions of Section 138 of the Roads Act 1993. RMS raises no objections subject to the implementation of recommended conditions of consent as discussed in Section 2.5 of this report.

5.2.2 RailCorp

RailCorp was notified of the development application and no comments have been received.

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 the existing structures and the construction of a five storey residential flat building comprising thirty-one 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 proposed development is satisfactory in respect to the Hornsby Local Environmental Plan 2013, design principles under SEPP 65 and the best practice guidelines of the 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 respect to the desired future character of the Lords Avenue, Asquith precinct.

The application is recommended for approval.

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

Rod Pickles

Manager - Development Assessment

Planning Division

James Farrington

Group Manager

Planning Division

Attachments:

1.View	Locality Plan
2.View	Plans Architectural
3.View	Landscape Plan
4.View	Floor Plans
5.View	Shadow Diagram
6.View	Photomontage

File Reference: DA/186/2014

Document Number: D03090410

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
1534 DA01-E	Site Analysis	Gelder	4/06/2014
1534 DA02-D	Basement 2 Plan	Gelder	15/05/2014
1534 DA03-D	Basement 1 Plan	Gelder	15/05/2014
1534 DA04-E	Ground Floor Plan	Gelder	4/06/2014
1534 DA05-E	Typical Plan	Gelder	4/06/2014
1534 DA06-E	Fourth Floor	Gelder	4/06/2014
1534 DA07-E	East and South Elevations	Gelder	4/06/2014
1534 DA08-E	North and West Elevations	Gelder	4/06/2014
1534 DA09-D	Sections	Gelder	15/05/2014
L01–Rev A	Landscape Plan	Jane Britt Design	May 2014
L02	Specifications and Details	Jane Britt Design	May 2014
L03-Rev A	Landscape Area Plan	Jane Britt Design	May 2014
-	Ground Floor Landscape Walls	Jane Britt Design	Feb 2014
SW1-A	Concept Basement Drainage Plan	E2 Civil and Structural Design	03/03/2014
SW2-A	Concept Roof Drainage Plan	E2 Civil and Structural Design	03/03/2014
SW3	Stormwater Details	E2 Civil and Structural Design	27/02/2014

Document Title	Prepared By	Date
1534-DA10-D Shadow Diagrams	Gelder	15/05/2014
Statement of Environmental Effects and Covering Letter	Natalie Richter Planning	March 2014 and 16/05/2014
Basix Certificate No. 532128M_02	Building Sustainability Assessments	15/05/2014
Assessors Certificate 14910839	Building Sustainability Assessments	15/05/2014
Acoustic Report	Far West Consulting Engineers	19/03/2014
Access and Adaptability Assessment Report	Access Mobility Solutions	May 2014
Design Verification Statement	Gelder	27/02/2014
Schedule of Finishes	Gelder	Received 4/03/2014
Waste Management Plan	Gelder	Received 4/03/2014
Arborist Report	Bradshaw Tree Services	9/02/2014
Traffic and Parking Assessment Report	Varga Traffic Planning	28/02/2014

2. Removal of Existing Trees

This development consent only permits the removal of tree(s) which are not locally occurring numbered 2-7,9, 10,16,18,19-29,32-36, 45 and 46 as identified on “Landscape Plan L01-Rev A” prepared by Jane Britt Designs dated May 2014 as amended by Condition 3 of this development consent. 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 submitted “Arborist Report” prepared by Bradshaw Tree Services dated 9/02/2014 must be signed off by a suitably qualified AQF5 Diploma qualified Arborist to comply with the requirements of AS 4970-2009 (item 1.4.4).

b) The following plans listed in Condition 1 of this development consent are to be amended to reflect the floor plans as approved in DA04-E, DA05-E and DA06-E prepared by Gelder dated 04/06/2014:

Plan No.	Plan Title	Drawn by	Dated
L01–Rev A	Landscape Plan	Jane Britt Design	May 2014
L03-Rev A	Landscape Area Plan	Jane Britt Design	May 2014
-	Ground Floor Landscape Walls	Jane Britt Design	Feb 2014
SW1-A	Concept Basement Drainage Plan	E2 Civil and Structural Design	03/03/2014
SW2-A	Concept Roof Drainage Plan	E2 Civil and Structural Design	03/03/2014
SW3	Stormwater Details	E2 Civil and Structural Design	27/02/2014

c) The parking space marked “Disabled Visitor – 01” on the approved plan DA02-D Basement 1 Plan” prepared by Gelder dated 15/05/2014 must be deleted to allow satisfactory turning of garbage trucks.

d) “DA04-E, DA05-E and DA06-E” prepared by Gelder dated 4/06/2014 must be amended to include a recycling bin adjoining the garbage chute. Both the garbage facilities at each residential level must be accessible to people with a disability.

e) The terrace at the topmost level fronting the rear boundary must be recessed a further 2m and planter boxes provided to create a non-trafficable area as marked in red on DA06-E prepared by Gelder dated 4/06/2014.

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

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	$32,078.90
Open Space and Recreation	$352,164.75
Community Facilities	$49,364.80
Plan Preparation and Administration	$1,428.25
TOTAL	$435,036.70

being for 28 additional dwellings calculated on 10 June 2014.

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:

$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.

6. 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.

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 to the south and west of the site.

12. Adaptable Units and Letter Boxes

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

The details of letter boxes must be provided with the Construction Certificate Plans. The letter boxes must be located as shown on the approved Landscape Plan L01A.

13. Internal Driveway/Vehicular Areas

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

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

b) The driveway must be a rigid pavement;

c) 12 bicycle spaces (resident and visitor) are to be provided in the basement car park. Bicycle parking spaces are to be designed in accordance with AS 2890.3-1993;

d) The motorcycle parking space is to be designed in accordance with AS 2890.5-1993; and

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

Note: All works relating to driveways and parking areas must be completed prior to the issue of the Occupation Certificate.

14. Acoustic Report

The Construction certificate plans must demonstrate compliance with the recommendations in the Acoustic Report prepared by Far West Consulting Engineers dated 19/03/2014 including materials of construction and glazing details.

15. Construction Traffic Management Plan

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

16. Preservation of Survey Infrastructure

Prior to the issue of a construction certificate, a registered surveyor must identify all survey marks in the vicinity of the proposed development. Any survey marks required to be removed or displaced as a result of the proposed development is be undertaken by a registered surveyor in accordance with Section 24 (1) of the Surveying and Spatial Information Act 2002 and following the Surveyor General’s Directions No.11 – "Preservation of Survey Infrastructure".

17. Replacement of Open Drain

The open concrete drain within the road reserve along the entire frontage of the site must be replaced by a piped covered system. All design details and construction methods are to be in accordance with the specifications of the Roads and Maritime Services (RMS) and the following requirements:

a) The system is to be capable of carrying a minimum flow from 1 in 20 years ARI storm event. The minimum size of the pipe shall be in accordance with Council’s Civil works Specifications, 2005.

b) RMS must approve the design of the piped system at the Construction Certificate Stage of the development.

c) A separate construction certificate must be submitted to Council along with RMS endorsed plans.

Note: A certificate of works being completed to the requirements of RMS shall be obtained prior to the issue of the Occupation Certificate, should the works be controlled by RMS.

Note: All works are to be completed prior to the issue of the Occupation Certificate.

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

18. Erection of Construction Sign

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

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

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

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

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

19. Protection of Adjoining Areas

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

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

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

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

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

20. Toilet Facilities

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.

21. Erosion and Sediment Control

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

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

22. Tree Protection Barriers

Tree protection fencing must be erected around the following trees identified on “L01-RevA” prepared by Jane Britt Design dated May 2014 as amended by Condition 3 of this development consent.

a) Tree Nos. 8, 11-13 to be retained at a 5 metre setback; and

b) Tree No. 1 and 44 to be retained at 4m setback.

The tree fencing must be constructed of 1.8 metre ‘cyclone chainmesh fence’ or star pickets spaced at 2 metre intervals, connected by a continuous high-visibility barrier/hazard mesh at a height of 1 metre in accordance with AS 4970-2009 and as advised by the appointed Project Arborist.

To avoid injury or damage, trees numbered 8, 11-13 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).

Tree Protection Zones (TPZ) of trees proposed for retention must 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.

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.

Note: 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.

23. 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.

24. Road Occupancy License

A road occupancy license must be obtained from the Roads and Maritime Services for all works within the Pacific Highway Road Reserve.

REQUIREMENTS DURING CONSTRUCTION

25. 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.

26. 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.

27. 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.

28. Street Sweeping

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

29. Works Near Trees

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

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

Trees no. 30,31,37,38,40,41,42,43 identified on the “Landscape Plan-L01A” prepared by Jane Britt Designs dated May 2014 “L01-RevA” as amended by Condition 3 of this development consent are located within neighbouring properties and must not be impacted upon in any way during and after construction works unless otherwise mentioned in conditions of this development consent.

Hand ONLY excavation and tree sensitive construction techniques such as pier and beam construction, should be undertaken for any underground services (i.e. drainage/sewer/stormwater) approved to be laid within the specified TPZ of any tree to be retained on the subject property, the street or neighbouring property.

All machinery must 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.

30. 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.

31. 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.

32. 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.

33. 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.

34. Survey Report – Finished Floor Level

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

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

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

35. 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.

36. Construction Noise Management

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

37. Contamination During Construction Works

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

38. Construction Vehicles

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

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.

39. Fulfilment of BASIX Commitments

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

40. Sydney Water – s73 Certificate

An s73 Certificate must be obtained from Sydney Water.

41. Stormwater Drainage

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

a) Connected directly to Council’s street drainage system via the on-site detention system;

b) All details of design be submitted with the Construction Certificate Plan;

c) The stormwater system be designed by a Chartered Professional Engineer/Civil Engineer of the Institution of Engineers, Australia.

Note: A separate Construction Certificate is to be lodged with Council for approval to drain the development to Council’s street drainage system.

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

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

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 and design shown in the construction certificate plans.

43. 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) All plans must be endorsed by Roads and Maritime Services and submitted to Council; and

d) 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.

Note: A Construction Certificate is to be issued for these works.

44. Vehicular Areas

All car parking must be constructed in accordance with Australian Standard AS 2890.1 – 2004 – Off Street Car Parking and Australian Standard 2890.2 - 2002 – Off Street Commercial for Small Rigid Vehicles. All parking areas and driveways are to be sealed to an all weather standard, line marked and signposted.

A “No parking” sign must be posted on the “disabled visitor parking” spot adjoining the truck turning area.

45. 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) A construction certificate is to be submitted to Council including all details of the works.

b) The concrete footpath along the frontage of the property must be reconstructed.

c) A kerb and gutter along the entire frontage of the development must be constructed in accordance with RMS specifications.

Note: The plans approved by RMS must be submitted to Council.

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

e) The construction of the traffic median on Pacific highway be completed in accordance with the conditions of this development consent.

46. 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.

47. 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.

48. Certificate of Preservation of Survey Marks

A certificate by a Registered Surveyor must be submitted to the Principal Certifying Authority, certifying that there has been no removal, damage, destruction, displacement or defacing of the existing survey marks in the vicinity of the proposed development or otherwise the re-establishment of damaged, removed or displaced survey marks has been undertaken in accordance with the Surveyor General’s Direction No.11 – “Preservation of Survey Infrastructure”.

49. 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.

50. 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) The truck turning zone be clearly marked on “No Parking” signs installed.

g) A 3.5m vertical clearance height within the truck travel path must be maintained and not be reduced by ducting or pipes.

51. 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.

52. Completion of Landscaping

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

a) To maintain canopy cover, 3 medium to large trees such as Angophora costata or Eucalyptus gummifera are to be planted on the subject site within the front and rear setback area. The planting location must not be within 4 metres of the foundation walls of the building. 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. On slab planter boxes to include automatic drip irrigation, subsoil drainage (proprietary drainage cell, 50mm sand and filter fabric), and waterproofing.

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

Note: Any proposed landscaping or fencing must not obstruct the clear sightlines of pedestrians or cyclists travelling along the footpath of Keeler Street.

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

53. Retaining Walls

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

54. Boundary Fencing

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

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

55. External Lighting

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

56. Unit Numbering

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

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

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

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

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

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

l) 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;

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

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

OPERATIONAL CONDITIONS

58. Car Parking and Deliveries

All car parking areas must be operated in accordance with the following requirements:

a) Car Parking areas should be sealed to all weather standards at all times;

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) Residential parking areas in the basement are to be secured, the access controlled by card or numeric pad. Visitors must be able to access the visitors parking spaces in the basement car park at all times;

f) Visitors must be able to access the basement car park by an audio/visual intercom system located at the top of the ramped driveway; and

g) Access be restricted to the garbage room and waste collection areas.

59. 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.

60. 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.

61. 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.

62. Fire Safety Statement - Annual

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

CONDITIONS OF CONCURRENCE – ROADS AND MARITIME SERVICES

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

63. Traffic Median

To restrict vehicular movements to the left in left out, a 300mm wide median is to be installed on the Pacific Highway along the site’s entire frontage in accordance with the following requirements:

The median must be designed to meet the Roads and Maritime’s requirements, and endorsed by a suitably qualified practitioner prior to the issue of the Construction Certificate;

a) The submitted design must be in accordance with Austroads Guide to Road Design in association with relevant Roads ad Maritime supplements (available on www.rms.nsw.gov.au). The certified copies of the civil design plans must be submitted to the RMS for consideration and approval prior to the commencement of any roads works associated with the development;

b) Roads and Maritime fees for administration, plan checking, civil works inspections and project management is to be paid by the developer prior to the commencement of any works; and

c) The developer may be required to enter into a Work Authorisation Deed (WAD) for the above mentioned works. The WAD will need to be executed prior to RMS’s assessment of the detailed civil design plans.

Note: A copy of the WAD pack is available on www.rms.nsw.gov.au

64. Driveway Crossings

The redundant driveways must be removed and replaced with kerb and gutter to match existing along the entire frontage of the site, prior to the issue of the Occupation Certificate.

Detailed design plans for the proposed gutter crossing in accordance with RMS requirements must be submitted to RMS prior to the issue of the Construction Certificate.

Note: The details of RMS requirements must be obtained from RMS’s Project Services Manager, Traffic Projects Section, Parramatta (telephone 8849 2496).

A plan checking fee (amount to be advised) and lodgement of a performance bond may be required from the applicant prior to the release of the approved road design plans by RMS.

65. Excavation

Detailed design drawings and documentation related to excavation of the site and support structures to assess the impact of the excavation on the structural stability of Pacific Highway must be submitted to RMS for approval, in accordance with Technical Direction GTD2012/001.

The information must be submitted at least 6 weeks prior to the commencement of construction works on the site.

Note: The report and enquiries should be forwarded to:

Project Engineer, External Works

Sydney Asset Management

Roads and Maritime Services

PO BOX 973 Parramatta CBD 2124

Telephone 8848 2114

Fax 8849 2766

Note: The developer/applicant is required to pay the assessment cost.

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

- 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.

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

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

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

Disability Discrimination Act

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.

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. PL43/14

Planning Division

Date of Meeting: 9/07/2014

6 DEVELOPMENT APPLICATION - CONSTRUCTION OF A CHILD CARE CENTRE FOR 90 CHILDREN - 60-74 THE CRESCENT, CHELTENHAM

EXECUTIVE SUMMARY

DA No:	DA/754/2013 (Lodged 25 July 2013)
Description:	Construction of a 90 place child care centre
Property:	Lots 1, 2, 3 and 4 DP 5440, Nos. 60 - 74 The Crescent, Cheltenham
Applicant:	Cubbyhouse Childcare Centre
Owner:	Cheltenham Recreation Club Limited
Estimated Value:	$2,370,000
Ward:	C

· The application proposes construction of a 90 place child care centre.

· The proposal complies with the Hornsby Shire Local Environmental Plan 1994 and the requirements of NSW Education and Community pursuant to Clause 28 of the Children (Education and Care Services) Supplementary Provisions Regulation 2012.

· The proposal complies with the Hornsby Development Control Plan 2013 general controls, heritage controls and child care centre controls other than for setbacks, landscaping and design requirements and indoor and outdoor play space. The non-compliance is acceptable with regard to the merits of the site and compliance with NSW Education and Community requirements.

· Twenty one submissions were received in response to the proposal.

· It is recommended that the application be approved.

RECOMMENDATION

THAT Development Application No. DA/754/2013 for construction of a 90 place child care centre at Lot 1 DP 5440, Lot 2 DP 5440, Lot 3 DP 5440 and Lot 1 DP 5440, Nos. 60-74 The Crescent, Cheltenham be approved subject to the conditions of consent detailed in Schedule 1 of Group Manager’s Report No. PL43/14.

BACKGROUND

On 23 April 2013, the applicant attended a Pre-DA Meeting concerning Council’s requirements for the proposed child care centre on the subject site.

The development application was lodged on 25 July 2013 and the submitted plans were substantially amended on 14 October 2013 to address heritage impacts. The plans were again amended on 7 May 2014 to address acoustic impacts.

SITE

The site forms part of the grounds of the Cheltenham Recreation Club which has frontage to The Crescent, The Boulevard and to Lyne Road and includes the club house, 6 tennis courts, croquet court, 2 bowling greens, landscaped gardens and car park with 35 car parking spaces. The grounds have an area of 1.7 hectares.

The club house building includes a telecommunications facility.

The grounds of the Cheltenham Recreation Club are an item of heritage of local significance and are within the Beecroft-Cheltenham Heritage Conservation Area. A heritage item comprising a house ‘Edensor’, garden, stable and wall at No. 203 Beecroft Road, Cheltenham adjoins the rear south western boundary.

The site of the proposed child care centre is located at the rear south-western part of the site within an open grassed area that forms part of the grounds. The site adjoins the croquet court and occupies the more elevated part of the grounds. An existing driveway off The Crescent extends along the south-eastern side of the clubhouse building to the rear boundary of the site. The site has an average fall of 5% to the croquet court.

The surrounding developments comprise Federation period houses on large lots and include a number of heritage listed houses.

The Cheltenham Railway Station and car park are opposite the northern frontage of the grounds. The railway corridor is parallel to The Crescent and is subject to current construction of the Epping to Thornleigh Third Track.

PROPOSAL

The proposal is for the construction of a child care centre. The proposed centre is single storey of brick construction with sheet metal roofing.

The site of the proposed child care centre has an area of approximately 1,335m². The existing driveway along the south-eastern side of the clubhouse is proposed for access to the centre with 25 car parking spaces and pedestrian access proposed along the north-western side of the driveway.

The proposed centre is for 90 places including 23 places for 0-2 year olds and 67 places for 2-5 year olds.

The proposed hours of operation are:

7.00 am to 6.00 pm Monday to Friday

9.00 am to 5.00 pm Saturdays

The proposed centre would employ up to 17 staff.

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 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 child care centre would be consistent with the Metropolitan Plan for Sydney 2031 as it would provide childcare services to support a growing population.

2. STATUTORY CONTROLS

2.1 Hornsby Local Environmental Plan 2013

The Hornsby Local Environmental Plan 2013 (HLEP) was gazetted on 27 September 2013 and came into force on 11 October 2013. The HLEP includes a savings provision under Clause 1.8A whereby submitted development applications not determined at the commencement of HLEP must be determined as if HLEP had not commenced.

Accordingly the development application is subject to the provisions of Hornsby Shire Local Environmental Plan 1994.

2.2 Hornsby Local Environmental Plan 1994

The subject land is zoned Open Space C (Private Recreation) under the Hornsby Local Environmental Plan 1994 (HSLEP). The objectives of the zone are:

(a) to ensure there is provision of adequate open space to meet the needs of the community and to enhance the environmental quality of the Hornsby area.

(b) to encourage a diversity of recreational settings and facilities.

(c) to sustain the use of privately owned land for sporting activities.

The proposed development is defined as a “child care centre” and is permissible in the zone with Council’s consent.

Clause 18 of the HSLEP provides for the conservation of heritage items, heritage conservation areas, archaeological sites and Aboriginal heritage. The site is an item of heritage of local significance in respect to the grounds of the Cheltenham Recreation Club and is within the Beecroft-Cheltenham Heritage Conservation Area. The site adjoins a heritage item “Edensor” at No. 203 Beecroft Road, Cheltenham. The heritage impact of the proposed development is discussed in Section 2.10 of this Report.

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

The Cheltenham Recreation Club grounds have a history of green keeping and ground maintenance activities which may involve chemicals and potential contamination. The applicant submitted a Preliminary Site Investigation prepared by Aargus Pty Ltd dated 18 November 2013 which determined potential environmental concerns as follows:

· Potential importation of uncontrolled fill that may contain various contaminants;

· Current or past use of pesticides;

· Car park areas where occasional leaks and spills from cars may have occurred;

· Leaks or spills of chemical products stored in the adjoining brick shed; and

· Asbestos / Fibro features within former or current building structures.

The investigation recommended a Detailed Site Investigation to confirm the presence and extent of contamination.

A Detailed Site Investigation prepared by Aargus Pty Ltd dated 27 February 2014, determined contamination levels lower than relevant regulatory guideline criteria, other than soil sample BH7 which significantly exceeded National Environmental Protection Measure Guidelines for asbestos material. A Remedial Action Plan in accordance with Environmental Protection Authority guidelines is required to be undertaken to render the site suitable for the proposed development.

A deferred consent commencement condition is recommended for implementation of a Remedial Action Plan and for submission of a Validation Report to verify that the site is suitable for child care centre use.

2.4 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 1995

The site is located within the catchment of the Lane Cove River, part of the Sydney Harbour Catchment. The aim of the plan is to protect and enhance the catchment, promote ecologically sustainable urban development, the protection of watercourses, riparian lands and remnant vegetation.

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

2.5 Australian Radiation Protection and Nuclear Safety Agency (ARPANSA) - Radiation Protection Standard

The Cheltenham Recreation Club building includes a mobile phone telecommunications facility which includes five antennas. The submitted Electromagnetic Fields Survey prepared by EMC Technologies dated 29 May 2013 included testing of electromagnetic field levels on the site of the proposed child care centre and along the accessway, in accordance with the ARPANSA Radiation Protection Standard – Maximum Exposure Levels to Radiofrequency Fields – 3 kHz to 300 GHz (2002) RPS3.

The survey report includes the following conclusion:

The measurements to the ARPANSA RPS3 limits for Electromagnetic Field showed that no levels are above the General Public limit of 39.9 V/m at 850 MHz. The highest recorded level was 4.4 V/m which is 1.22% of the Power Density limit for continuous exposure that is allowed by RPS 3. The limit applied was the most stringent non occupational limit for a source of 850MHz:39.9V/m.

The ELF Magnetic Field measurements showed that no levels are above the applied limit.

The highest ELF Magnetic Field measured was 1.27 mG, which is 0.13% of the continuous exposure limit allowed by the National Health and Medical Research Council (NHMRC) recommendations. The limit applied was 1000mG.

The maximum exposure levels for persons of all ages and health status determined by the NHMRC is 1000mG. The existing telecommunications facility is required to operate in accordance with the Australian Communications Media Authority Radiocommunications Licence Conditions (Apparatus Licence) Determination 2003 which mandates the ARPANSA Radiation Protection Standard.

The site of the proposed child care centre is therefore suitable in respect to the Commonwealth requirements for the operation of the existing telecommunications facility on the site.

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

NSW Education and Communities regulates the licensing and operation of child care centres in accordance with the above Regulation. Clause 28 of the Regulation provides for the functional space requirements of child care centre premises.

The following table sets out the proposal’s compliance with the regulation:

Control	Proposal	Compliance
Consultation Room	Office / Interview Room	Yes
Respite Staff Room	Staff Room	Yes
Sleeping Room 0-2 yr	Cot Room	Yes
Min 3.25m² Indoor Play Space per child	3.25m² – 3.6m²	Yes
Min 7.0m² Outdoor Play Space per child	7m²	Yes
Laundry	Laundry off reception area	Yes
Separate Sink Craft Area	Playroom 4 includes craft sink	Yes
Food Preparation Facilities	Kitchen / Bottle Preparation	Yes
Toilets and Washing Facilities	Three separate bathroom /toilets for children and staff and 2 WCs	Yes
Nappy Change Facilities	Nappy Change Room	Yes
Storage Facilities	Three storerooms	Yes

The proposal would meet NSW Education and Communities regulatory space requirements for the operation of a child care centre.

A condition is recommended for compliance with Clause 28 of the Children (Education and Care Services) Supplementary Provisions Regulation 2012.

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

2.8 Hornsby Development Control Plan 2013 – Part 1 General Controls

2.8.1 Stormwater Management

The proposed stormwater drainage system involves the installation of a drainage line and stormwater detention system within the proposed accessway.

Subject to recommended conditions for drainage connection to Council’s street system and for protection of downstream water quality, the stormwater management for the proposal is acceptable.

2.8.2 Earthworks and Slope

The proposed development involves cut and fill works to a depth of 1.5m and requires the construction of retaining walls along the western and south-western rear boundaries and along the south-western side of the croquet court. The proposal is for a concrete block retaining wall.

A condition is recommended for the retaining wall along the south-western side of the croquet court to be in brick work with brick to match the existing retaining wall along the driveway.

2.8.3 Waste Management

A Construction and Demolition Waste Management Plan is to be implemented for the construction of the proposed development.

A condition is recommended for the proposed child care centre to be serviced by a commercial waste contractor.

2.8.4 Noise

The proposed building includes design elements to mitigate noise impacts on adjoining residents. The U shaped building would shield the outdoor play area would minimise noise impacts. The absence of any building openings to the property boundaries also assists in noise mitigation.

The submitted Acoustic Assessment prepared by BGMA Pty Ltd dated: Revised April 2014 determined the noise limit for the site would be 43 dB(A), 5dB(A) above the background noise level. The assessment stated that with all doors of the internal play rooms open, the sound level at the upper level of any adjoining dwelling fronting The Boulevard would be less than 32 dB(A) and of any adjoining dwelling off Beecroft Road less than 21 dB(A). The assessment of the external activity areas states that for 30 children occupying the outdoor play area, the sound level at the upper level of the Beecroft Road residences would range from 24 to 31 dB(A) and for The Boulevard residences would range from 39 to 43 dB(A).

To ensure the operation of the centre does not exceed the background noise levels, a deferred consent commencement condition is recommended for a noise management plan to be submitted demonstrating that the operation of the centre would not exceed the 43 dB(A) noise limit.

Subject to recommended conditions the proposal would meet the HDCP desired outcome for noise and vibration.

2.9 Hornsby Development Control Plan 2013 – Part 7 Community

The proposed development has been assessed having regard to the desired outcomes and prescriptive requirements of the Hornsby Development Control Plan 2013 (HDCP) for child care centres. The following table sets out the proposal’s compliance with the prescriptive requirements of the Plan:

Hornsby Development Control Plan 2013 – Part 7 Community
Control	Proposal	Requirement	Compliance
Height	5.5m	8.5m	Yes
Maximum Number of Places	90	90	Yes
% Places 0-2 yr	25%	25%	Yes
Side Setback	1.5m - 2.5m	3m	No
Rear Setback	1.5m	3m	No
Outdoor Play Area	7m² per child (630m²)	15m² per child (1,350m²)	No
Indoor Play Space	3.25m² – 3.6m² per child	4.5m² per child	No
Car Parking	25 spaces	23 spaces	Yes

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

2.9.1 Site Requirements

The proposed child care centre is well located within an open space zoned area in close proximity to public transport and is appropriate for the proposed maximum number of permissible places (90).

The site is subject to remediation for asbestos contamination and appropriate conditions are recommended to render the site suitable for child care centre use.

2.9.2 Setbacks

The proposed child care centre is located within the western corner of the Club grounds and is setback 1.5m from the corner boundaries of the site, in non-compliance with the required 3.0m setback.

The proposed building is single storey with a maximum height of 5.5m. The proposal includes excavation to a depth of 1.0m along the rear south-western boundary. At the rear elevation, the proposed building would be 1.3m to 2.3m above the height of the boundary fence. The proposed building would not result in any substantial visual impact in relation to adjoining residents and in this regard, the non-compliance with the 3.0m setback is acceptable.

2.9.3 Landscaping

The proposal involves the removal of four small ornamental trees for the proposed car parking area. The removal of the trees would not significantly detract from the landscape quality of the site subject to implementation of the submitted landscape plan.

The landscape plan includes landscape screening of the car parking area and pedestrian accessway from the adjoining croquet court. The proposed landscaping would complement the grounds of the recreation club subject to a condition for further landscaping of the outdoor play ground area. Refer to discussion in section 2.10.

The proposed 1.5m rear and side setbacks would not provide adequate area for landscaping. The lack of landscaping within the setback area is acceptable given the limited visual impact of the proposed development in relation to adjoining residential development.

The site includes a significant tree within the outdoor play area identified as Lophostemon confertus (Brush Box) which would be retained (Tree No. 1). Conditions are recommended for protection of the tree.

A condition is also recommended for the protection of trees on adjoining land.

2.9.4 Open Space

The proposed outdoor play area adjoins the croquet court and would be screened by the proposed building and existing brick shed from neighbouring residents. The outdoor play area would complement the existing grounds and maintain a suitable park setting for the proposed child care centre.

The proposed outdoor play area does not comply with the HDCP area requirement of 15m² per child. Notwithstanding, the non-compliance is acceptable with regard to compliance with NSW Education and Communities outdoor play area requirement of 7m²/child.

The proposal includes a covered verandah for all weather conditions and adequate storage for outdoor play equipment in accordance with the HDCP requirements.

2.9.5 Privacy, Security and Sunlight

The outlook of the proposed child care centre is oriented to the recreation grounds. The proposed building would not impact on solar access or privacy of adjoining residents.

The proposed building is sited and designed to provide appropriate surveillance of the access to the centre.

The proposal may be subject to additional safety and security requirements in accordance with the Children and Young Persons (Care and Protection) Act 1998 and the Children (Education and Care Services) Supplementary Provisions Regulation 2012. All such requirements are to be satisfied in the design specification for the child care centre, prior to the issue of a Construction Certificate. A condition is recommended to ensure that the above mentioned requirement is accomplished should development consent be granted.

2.9.6 Vehicle Access and Parking

The proposed accessway is over the existing driveway along the south-eastern side of the Club building. The existing driveway would require widening to 6m at the frontage of The Crescent and reconstruction to Council design standard. The proposed accessway includes a suitable turning area.

The proposed 25 car parking spaces extend along the driveway between the existing club house and the proposed centre. To maintain pedestrian access between the club house building and the existing car park, a condition is recommended for car spaces 24 and 25 to be deleted and replaced with paving and landscaping. The remaining 23 car parking spaces would comply with the required number of car parking spaces in accordance with the HDCP.

The submitted Traffic and Parking Assessment Report prepared by Varga Traffic Planning Pty Ltd dated 12 July 2013 notes there is substantial spare car parking capacity available in the existing club car parking area which is largely under-utilised during the peak drop-off and pick-up periods for the proposed child care centre. Subject to the provision of the required number of car parking spaces for the proposed child care centre, the proposal would not have any unacceptable parking implications for the operation of the existing recreation club and sporting facilities.

Subject to recommended conditions, the proposed vehicle access and car parking is satisfactory in respect to the HDCP controls.

2.9.7 Design Details

The proposed building is single storey and is of appropriate design for the functional requirements of a child care centre in accordance with the requirements of NSW Education and Communities.

The proposed building is of brick construction with sheet metal roof. The proposed building is internal to the site frontages and would not form part of any streetscape.

The proposed built form is generally traditional in design. The rear elevation would present as an unbroken 41m long brick wall inconsistent with Council’s controls to discourage unarticulated walls. The non-compliance is acceptable with regard to the limited extent of the building visible above the height of the boundary fence with neighbouring residents. Refer also to discussion in Section 2.9.2.

The submitted landscaping, fencing, materials and finishes are appropriate for the Cheltenham Recreation Club site, subject to recommended conditions.

The proposed child care centre would enclose the existing brick shed maintenance building on two sides blocking access to an existing doorway. An existing roller door at the eastern elevation of the shed would retain access for maintenance of the club grounds. A condition is recommended for the doorway opening at the western elevation of the shed to be replaced with a brick wall.

Refer also to discussion in Section 2.10.

2.10 Hornsby Development Control Plan 2013 – Part 9 Heritage

The subject site is listed as a heritage item (Grounds - Cheltenham Recreation Club) of Local significance and is located in the Beecroft/Cheltenham Heritage Conservation Area.

The subject site is also located in the vicinity of the following heritage items:

· No. 1 The Boulevard, Cheltenham – Trees

· No. 203 Beecroft Road, Cheltenham – “Edensor”, garden, stable and wall

The proposed child care centre building as amended would be sympathetic to the character of the surrounding heritage conservation area and heritage listed houses and gardens.

The proposed use of a face brick base, painted rendered masonry and corrugated metal roof have regard to vernacular construction of the early 20^th Century. The proposed colour treatment would provide a complementary setting for the Cheltenham Recreational Club and grounds.

The proposed accessway is over the existing driveway. The driveway originally provided access to “Edensor” the heritage item adjoining the rear of the site. A right of carriageway over the driveway benefiting “Edensor” has since been relinquished. The construction of the proposed accessway and car parking area would be consistent with the existing driveway and would not detract from the heritage significance of Cheltenham Recreation Club grounds or the adjoining heritage item “Edensor” subject to recommended condition for bitumen construction.

The proposed development would not visually dominate the site or result in a detrimental heritage impact in respect to the adjoining heritage item “Edensor” or the Beecroft-Cheltenham Heritage Conservation Area.

The proposed landscaping should be embellished to screen the outdoor play area. Conditions are recommended for landscaping to extend in front of the 1800mm fence to the north-eastern corner of the building to further screen the outdoor play area. Also for additional garden beds to be introduced between the front façade of the childcare centre and proposed car parking spaces to increase the amount of soft landscaping on site.

Subject to recommended conditions, the proposed development would not detract from the significance of the grounds of the Cheltenham Recreation Club.

3. ENVIRONMENTAL IMPACTS

3.1 Natural Environment

The proposed development does not involve the removal of any indigenous trees and would not impact on the natural environment subject to conditions for protecting downstream water quality.

3.2 Built Environment

The proposed building is designed to with regard to residential amenity of adjacent properties and the heritage significance of the Cheltenham Recreation Club grounds and the Beecroft-Cheltenham Heritage Conservation Area.

3.3 Social Impacts

The proposed child care centre would provide an extra 90 child care spaces in proximity to public transport and employment. The development would make a positive social contribution to the local community by increasing opportunities for participation in the work force.

3.4 Economic Impacts

The proposal would have a minor positive impact on the local economy by generating an increase in demand for local services and in the creation of employment in child care.

4. SITE SUITABILITY

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

The subject site has not been identified as bushfire prone or flood prone land.

The site is considered to be capable of accommodating the proposed development subject to remediation of the site for asbestos contamination. Refer to discussion in Section 2.3.

5. PUBLIC PARTICIPATION

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

5.1 Community Consultation

The proposed development was placed on public exhibition and was notified to adjoining and nearby landowners between 7 August and 28 August 2013 in accordance with Council’s notification requirements. During this period, Council received 10 submissions. Amended plans were notified between 17 October and 31 October 2013. During this period Council received 8 submissions. Further amended plans were notified between 7 May and 21 May 2014. During this period 3 submissions were received. The map below illustrates the location of those nearby landowners who made a submission that are in close proximity to the development site.

NOTIFICATION PLAN
• PROPERTIES NOTIFIED	X SUBMISSIONS RECEIVED	PROPERTY SUBJECT OF DEVELOPMENT
TWO SUBMISSIONS RECEIVED OUT OF MAP RANGE

21 submissions objected to the development, including 11 submissions reiterating previous objections in response to amended plans.

The objections to the original proposal, which were generally addressed by the amended plans, concerned impacts on the heritage character of the area, incompatibility of two storey commercial development, non-compliance with HDCP and overshadowing.

The submissions reiterating objections to the development are generally on the following grounds:

· Insufficient landscaping;

· Insufficient outdoor play area;

· Impact on neighbouring trees;

· Impact on heritage significance of “Edensor” original driveway;

· Non compliance HDCP setback controls;

· Unacceptable acoustic impacts;

· Unacceptable privacy impacts;

· Over-intensive use of the site; and

· Development inconsistent with residential scale.

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

6. THE PUBLIC INTEREST

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

CONCLUSION

The proposal is for the construction of a 90 place child care centre.

The proposed development complies with the general controls of the HDCP in respect to stormwater management, earthworks, waste management and noise control, subject to recommended conditions.

The design of the proposed development is acceptable in respect to the heritage significance of the Cheltenham Recreation Club grounds, the adjoining heritage item ‘Edensor’ and the Beecroft-Cheltenham Heritage Conservation Area.

The proposal complies with the child care centre controls of the HDCP in respect to site requirements, scale, privacy, security, sunlight, vehicle access and parking. The non-compliance with setbacks, landscaping and design requirements, is acceptable on merit with regard to amenity of adjoining residents.

The proposal is in compliance with the requirements of NSW Education and Community for child care centre operation. In this regard the non-compliance with the requirements of the HDCP for indoor and outdoor play space is acceptable with regard to the location of the site within the club grounds and adjoining residential amenity. A deferred consent condition is recommended for a Noise Management Plan and remediation of the site.

The application is recommended for approval.

Rod Pickles

Manager - Development Assessment

Planning Division

James Farrington

Group Manager

Planning Division

Attachments:

1.View	Locality Map
2.View	Site Analysis Plan
3.View	Site Plan
4.View	Landscape Plans
5.View	Floor Plan
6.View	Elevations and Sections
7.View	Material and Finishes

File Reference: DA/754/2013

Document Number: D03073602

SCHEDULE 1

GENERAL CONDITIONS

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

1. Deferred Commencement

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

a) A Remedial Action Plan (RAP) must be prepared by a suitably qualified environmental consultant and submitted to Council. The report must be written in accordance with the NSW Environment Protection Authority’s Contaminated Sites – Guidelines for the NSW Site Auditor Scheme.

b) A Noise Management Plan must be prepared for the operation of the child care centre in accordance with the requirements detailed in document prepared by BGMA Pty Ltd dated 6 January 2014 and Report BGMA 130516A dated April 2014. The Noise Management Plan must demonstrate that operation of the centre would not exceed a noise limit of 43 dB (A) at the façade of the dwelling houses adjoining the child care centre site.

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

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

2. Approved Plans and Supporting Documentation

Plan No.	Drawn by	Dated
DA01 Site Analysis Plan Issue B	Architex	09-09-13
DA02 Site Plan Issue C	Architex	06-11-13
DA03 Ground Floor Plan Issue F	Architex	12-06-14
DA05 Elevations and Section	Architex	10-04-14
Heritage Advice Attachment A – Schedule Heritage Colours and Materials	Colin Israel	13 October 2013
0598.L.01 Landscape Plan – Area 2 Issue C	Greenland Design Pty Ltd	November 2013
0598.L.02 Landscape Plan – Area 2 Issue C	Greenland Design Pty Ltd	November 2013
0598.L.02 Landscape Details & Specification Issue C	Greenland Design Pty Ltd	November 2013

Document Ref.	Prepared by	Dated
ElectroMagnetic Fields (EMF) Survey Report # T130526	EMC Technologies	29 May 2013
Arboricultural Impact Assessment	Redgum Horticultural	25 June 2013
Acoustic Assessment Report 130516A	Brian Marston	Revised April 2014
Detailed Site Investigation	Aargus	27 February 2014

3. Amendment of Plans

The approved plans are to be amended as follows:

a) The landscape plans 0598.L01 and 0598.L.02 are to be revised for the approved DA03 Ground Floor Plan Issue F and the following requirements:

i) The proposed shrub landscaping to be extended and planted behind or in front of the 1800mm fence to the north-eastern corner of the building (depending on the transparent nature of the fence design); and

ii) Additional garden beds to be introduced between the front façade of the childcare centre and proposed car parking spaces.

b) The DA02 Site Plan Issue C is to be amended to maintain pedestrian access to the Cheltenham Recreation Club with the deletion of two car parking spaces and the access paved and landscaped to provide effective separation from the child care centre car park.

c) The approved DA05 Elevations Plan is to be revised to detail the approved materials and finishes at Attachment A Heritage Advice of Colin Israel dated 13 October 2013.

d) The openings in the existing brick maintenance shed enclosed by the child care centre development are to be replaced with brick wall.

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 94A Development Contributions

a) In accordance with Section 80A(1) of the Environmental Planning and Assessment Act 1979 and the Hornsby Shire Council Section 94A Development Contributions Plan 2012-2021, $23,700.00 shall be paid to Council to cater for the increased demand for community infrastructure resulting from the development, based on development costs of $2,370,000.

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

$C_{PY =}$C_DC x CPI_PY

CPI_DC

Where:

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

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

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

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

c) The monetary contributions shall be paid to Council:

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

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

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

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

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

Council’s S94A 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. Children Education and Care Services

Documentation prepared by a registered architect is to be submitted with the Construction Certificate to certify that the proposed development is in accordance with the requirements of the Children and Young Persons (Care & Protection) Act 1998 and the Children (Education and Care Services) Supplementary Provisions Regulation 2012.

8. Water/Electricity Utility Services

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

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

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

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

9. 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.

10. 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 and car parking area must be bitumen pavement;

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

d) A passing bay shall be provided at the front boundary alignment with a minimum width of 6 metres over a 6 metre length excluding transitions.

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

11. 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.

12. Stormwater Drainage

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

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

b) A grated trench drain shall be provided at the front boundary alignment to collect surface water from the driveway.

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

13. On Site Stormwater Detention

An on-site stormwater detention system must be designed by a chartered civil engineer and constructed generally in accordance with Job No.SW13208 Issue D dated 8/10/2013 by ALW Design Engineers and the following requirements:

a) Have a capacity of not less than 20.7 cubic metres, and a maximum discharge (when full) of 26.0 litres per second.

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

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

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

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

14. Waste Management Plan

A Waste Management Plan for construction of the development is be prepared in accordance with Council’s Waste Minimisation and Management Guide. The plan is to detail waste to be generated from the proposed activities, estimated quantities of each type of waste and the location where these waste products will be either reused, recycled or disposed of (as appropriate to the nature of the waste product). The Plan must include details of the proposed disposal method of any hazardous waste (i.e. asbestos based materials, contaminated fill) from generation to licensed/approved waste transport method to licensed/approved waste disposal facility.

Disposal of wastes from the proposed activity must comply with the Protection of Environment Operations Act 1997.

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

15. 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.

16. 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.

17. Toilet Facilities

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

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

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

18. Erosion and Sediment Control

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

REQUIREMENTS DURING CONSTRUCTION

19. Construction Work Hours

All work on site (including demolition and earth works) must only occur between 7am and 5pm Monday to Saturday, in accordance with Interim Construction Noise Guidelines 2009 – NSW Department of Environment and Climate Change.

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

20. 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;

21. Environmental Management

22. 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.

23. Street Sweeping

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

24. Works Near Trees

All tree protection measures required in the Arboricultural Impact Assessment prepared by Redgum Horticultural dated 25 June 2013 are to be maintained in good condition for the duration of the construction period.

All works (including driveways and retaining walls) within 3m 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).

25. Damage to Council Assets

Any damage caused to Council’s assets including the removal, damage, destruction, displacement or defacing of the existing survey marks as a result of the construction of the development must be rectified in accordance with Council’s written requirements and at the sole cost of the applicant.

26. Creation of Easements

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

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

27. Council Property

28. Disturbance of Existing Site

29. Landfill

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

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

30. Excavated Material

31. Waste Management During Works

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

a) The identity of the person removing the waste.

b) The waste carrier vehicle registration.

c) Date and time of waste collection.

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

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

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

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

REQUIREMENTS PRIOR TO THE ISSUE OF 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.

32. Completion of Landscaping

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

33. Retaining Walls

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

b) The retaining wall along the western side of the croquet court to be constructed in brick work to match the existing retaining wall along the driveway.

34. External Lighting

35. Food Premises

The fit out and operation of that part of the building to be used for the manufacture, preparation or storage of food for sale, must be in accordance with Australian Standard 4674-2004 – Design and fit out of food premises, the Food Act 2003, and the Food Regulation 20010 and the Food Standards Code developed by Food Standards Australia New Zealand. Food Standards 3.3.1. 3.2.2 and 3.2.3 are mandatory for all food businesses.

Note: Walls are to be of solid construction.

OPERATIONAL CONDITIONS

36. Hours of Operation

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

7.00 am to 6.00 pm Monday to Friday

9.00 am to 5.00 pm Saturdays

37. Use of Premises

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

38. Number of Children

a) The centre shall accommodate a maximum of 90 children.

b) A maximum of 67 children at the centre shall be at, or above 2 years of age as at 1 January of each calendar year.

39. Noise

The child care centre is to operate in accordance with the Plan of Management subject to Condition No. 1.

40. Waste Contract Details

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

41. Landscape Establishment

42. Fire Safety Statement - Annual

- END OF CONDITIONS -

ADVISORY NOTES

Environmental Planning and Assessment Act 1979 Requirements

The Environmental Planning and Assessment Act 1979 requires:

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

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

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

· Mandatory inspections of nominated stages of the construction inspected.

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

Long Service Levy

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

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

Tree and Vegetation Preservation

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

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

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

Disability Discrimination Act

Advertising Signage – Separate DA Required

This consent does not permit the erection or display of any advertising signs. Most advertising signs or structures require development consent. Applicants should make separate enquiries with Council prior to erecting or displaying any advertising signage.

Dial Before You Dig

Telecommunications Act 1997 (Commonwealth)

Asbestos Warning

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

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

Food Authority Notification

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

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

Council Notification – Food Premises

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

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

Group Manager’s Report No. PL48/14

Planning Division

Date of Meeting: 9/07/2014

7 DEVELOPMENT APPLICATION - SECTION 96(2) - DWELLING-HOUSE - NO. 49 BROOKLYN ROAD, BROOKLYN

EXECUTIVE SUMMARY

DA No:	DA/1318/2012/A (Lodged 14 May 2014)
Description:	Section 96(2) modifications to the approved plans including internal reconfiguration of the dwelling house, an increase of the western side boundary setback and relocation of two rainwater tanks.
Property:	Lot 4, Sec A, DP 5527, No. 49 Brooklyn Road, Brooklyn
Applicant:	G E Hunt Architect
Owner:	Mrs Mathilde Frances Kearny-Kibble
Estimated Value:	No change to the value of the approved development ($1,500,000)
Ward:	A

· The application proposes modifications to the approved plans for a dwelling-house including internal reconfiguration of the floor plans, relocation of the garage and two rainwater tanks, and increase of the side setback on the western elevation.

· The proposed modifications generally comply with the requirements of Section 96(2) of the Environmental Planning and Assessment Act 1979, Hornsby Local Environmental Plan 2013 and Hornsby Development Control Plan 2013.

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

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

· It is recommended that the application be approved.

RECOMMENDATION

THAT pursuant to Section 96(2) of the Environmental Planning and Assessment Act, 1979, Development Application No. DA/1318/2012/A for erection of a dwelling house at Lot 4 Sec A DP 5527 No. 49 Brooklyn Road, Brooklyn be amended as detailed in Schedule 1 of Group Manager’s Report No. PL48/14.

BACKGROUND

On 14 December 2012, Council received Development Application No. 1318/2013 for the construction of a dwelling house on the subject site.

A Red Sticker was placed on the application and accordingly, it was considered at the Council meeting on 19 June 2013. Consent was granted subject to conditions.

On 14 May 2014, Council received the current Section 96 application which is the subject of this report.

SITE

The site is identified as Lot 4, Sec A, DP 5527 and is known as No. 49 Brooklyn Road, Brooklyn. The site is located on the northern side of Brooklyn Road and adjoins the Hawkesbury River to the rear.

The site has an area of 1,061 square metres and a street frontage of approximately 36.58 metres to Brooklyn Road. The eastern and western boundaries have lengths of 45.45 metres and 66.70 metres respectively. The site slopes moderately from Brooklyn Road to the Hawkesbury River and experiences a fall of 8 metres to the river.

The site contains a single weatherboard and fibro clad dwelling which is located in the centre of the lot. There is an existing boathouse on the foreshore of the Hawkesbury River. Vehicular access to the property is via a driveway from Brooklyn Road which leads directly into a single garage. A shed is located to the rear of the garage.

The surrounding development generally comprises low density residential development and tourist accommodation.

The site adjoins No. 51 Brooklyn Road which contains a heritage listed two storey weatherboard house of local significance under the provisions of Schedule 5 Environmental Heritage of the HLEP. Also within close proximity to the site is No. 53 Brooklyn Road which contains a heritage listed boathouse. The adjoining property to the west contains a dwelling house.

Approved Development

The approved development permits the demolition of the existing dwelling and construction a new part two to three storey dwelling including an in-ground swimming pool.

The approved lower ground floor consists of a family room and terrace leading to the swimming pool to the rear. Two store rooms would house 50,000 litre and 5,000 litre rainwater tanks.

The approved ground floor would comprise a bedroom, study, bathroom, kitchen/dining area and terrace area fronting the river. The first floor would comprise two bedrooms and adjoining ensuites with a terrace area also fronting the river.

A new driveway was approved in the south eastern corner of the site to provide vehicular access from Brooklyn Road to an attached double garage. A turning area within the site would enable vehicles to enter and leave the site in a forward direction.

The approved development would retain the existing driveway and single garage which is accessed directly from Brooklyn Road. A pier and slatted panel front fence with an automatic gate leading to the new garage is to be constructed along the front boundary adjacent to Brooklyn Road.

The approval also permits the rebuilding of the retaining sea-wall to the foreshore of the property.

PROPOSed modification

The proposed modification involves the following changes:

· Relocation of the approved study/guest wing to the south eastern corner of the ground floor;

· Replacement of the study with the garage;

· Increase to the side setback on the western boundary from 2 metres to 2.3 metres;

· Relocation of the rainwater tanks from the plant room in the lower ground floor to under the garage in the south western section of the site;

· Alteration to the form of the external stairs on the north western elevation;

· Extension of the terrace area facing the waterfront to the line of the retaining wall;

· Construction of a new courtyard between the garage and the main house;

· Replacement of the polycarbonate roof to the ground floor rear terrace with metal roof skylights;

· Deletion of the front terrace to the first floor above the entry way; and

· Minor amendments to the design of the windows and glazed doors to all facades.

ASSESSMENT

1. STRATEGIC CONTEXT

1.1 Metropolitan Plan for Sydney 2031 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 LEP 2013.

Within the North Subregion, the Draft Metropolitan Strategy proposes:

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

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

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

The proposed development involves a Section 96 modification for internal reconfiguration of the approved floor plans and an increase in the side setback on the western elevation on residential land. The proposal is consistent with the draft Strategy as it would facilitate the provision of renewed housing stock to meet the demands of a growing population.

2. STATUTORY CONTROLS

2.1 Environmental Planning and Assessment Act, 1979 - Section 96(2)

Pursuant to Section 96(2) of the Environmental Planning & Assessment Act, 1979, Council may consider an application to amend development consent provided that, inter alia:

(a) it is satisfied that the development to which the consent as modified relates is substantially the same development as the development for which consent was originally granted and before that consent as originally granted was modified (if at all), and

(b) it has consulted with the relevant Minister, public authority or approval body (within the meaning of Division 5) in respect of a condition imposed as a requirement of a concurrence to the consent or in accordance with the general terms of an approval proposed to be granted by the approval body and that Minister, authority or body has not, within 21 days after being consulted, objected to the modification of that consent, and

(c) it has notified the application in accordance with (i) the regulations, if the regulations so require, or (ii) a development control plan, if the consent authority is a council that has made a development control plan that requires the notification or advertising of applications for modification of a development consent, and

(d) it has considered any submissions made concerning the proposed modification within the period prescribed by the regulations or provided by the development control plan, as the case may be.

(e) In determining an application for modification of a consent under this section, the consent authority must take into consideration such of the matters referred to in section 79C (1) as are of relevance to the development the subject of the application.

With regard to Section 96(2)(a), it is considered that the proposal as amended is substantially the same as the development originally approved.

With regard to Section 96(2)(b), the original proposal was not required to be referred to any Public Agencies for comment.

With respect to Section 96(c) and (d), the application was notified to neighbouring properties in accordance with the HDCP 2013. One submission was received in response to the public exhibition. The submission suggests that the application should be reassessed entirely.

The proposal is submitted pursuant to Section 96 of the Act and is considered to be substantially the same as the approved development. Under the Act, the applicant is entitled to lodge an application for modification of the consent and Council is obliged to evaluate the application on its merits. The proposed modifications are assessed with regard to Section 96 and Section 79C of the Act.

With respect to Section 96(3), an assessment against the relevant provisions of Section 79C (1) are provided within this report.

2.2 Hornsby Local Environmental Plan 2013

The subject land is zoned SP3 Tourist zone under the Hornsby Local Environmental Plan 2013 (HLEP). The objectives of the zone are:

(a) To provide for a variety of tourist-oriented development and related uses.

(b) To enable low-density housing that does not unreasonably impact on tourist-oriented development.

(c) To enable low-scale, low-intensity development that does not unreasonably increase the demand for public infrastructure, services or facilities.

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

2.2.1 Clause 4.4

Clause 4.4 of the HLEP prescribes that the maximum floor space ratio (FSR) for a building on any land is not to exceed the floor space ratio shown for the land on the Floor Space Ratio Map. The FSR for the subject site is 0.5:1. The modified proposal includes an FSR of 0.32:1 which complies with the FSR control. The proposal would also comply with the provisions of Hornsby Shire Local Environmental Plan 1994 in terms of Clause 15 Floor Space Ratio under which the original application was approved.

It is noted that the definition of ‘gross floor area’ has changed under the HLEP 2013 to be calculated from the internal face of the external wall of the dwelling. This was previously calculated from the external face of the wall. This accounts for part of the change in floor space calculation. There has been a minor change in the stairwell size and a slight reduction in the store room in the lower level which has also contributed. No new habitable floor area has been created. The envelope and built form remains substantially the same as approved.

The submission states that the proposal includes excessive parking area and notes that it should be included in the FSR calculation. This area has been included in the FSR calculation and was included in the FSR calculation for the original DA. The proposal is for the relocation of the garage only and there is no change to the area of the garage as approved.

The submission further questions the increase of habitable floor space on the lower ground floor level. The 50,000 litre rainwater tank has been relocated to the area under the garage to the south-west of the site. The area where it was previously located would not accommodate any new habitable floor area. The definition of gross floor area as per Schedule 5 – Dictionary of the HLEP 2013 has been used to calculate the FSR of the development including the modifications.

The proposal complies with both the HLEP 2013 and HSLEP 1994 in terms of the development standard for floor space ratio.

2.2.2 Clause 6.5 – Limited Development on Foreshore Area

The objective of this clause is to ensure that development in the foreshore area will not impact on natural foreshore processes or affect the significance and amenity of the area. The Foreshore Building Line Map for the property indicates a 10m setback from the Hawkesbury River.

The application includes a terrace area adjoining a pool and pool fence within the setback area. The pool fence and terrace would encroach 1.5m into the setback area. Clause 6.5 (c) states that sea retaining walls, swimming pools and fences may be granted consent within the setback area.

The terrace provides access to the pool and the fence is required to comply with pool safety regulations. Accordingly, the proposal is acceptable in this regard.

2.2.3 Schedule 5 – Environmental Heritage

A heritage item adjoins the eastern boundary of the site, No. 51 Brooklyn Road, Brooklyn which is a listed item (house) of local significance under the provisions of Schedule 5 (Environmental Heritage) of HLEP. There is no change to the approved building envelope on the eastern side.

The proposal also includes the relocation of a number of windows on the south and eastern façade. These changes are not to the form or shape of the windows and would not impact on the adjoining heritage item.

The proposed modifications would not alter the impact of the approved development on the heritage significance of the property.

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

The application includes amended BASIX Certificate No. 444845_02 for the dwelling house and modifications. The dwelling is considered to achieve energy efficiency and is considered satisfactory. A condition is recommended for the development to be carried out in accordance with the amended BASIX certificate provided.

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

The proposed modifications would not impact on the catchment area. 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 Clause 74BA Environmental Planning and Assessment Act, 1979 - Purpose and Status of Development Control Plans

2.6 Hornsby Development Control Plan 2013

The modified development has been assessed having regard to the relevant performance and prescriptive requirements within Council’s Development Control Plan 2013. The following table sets out the proposal’s compliance with the prescriptive requirements of the Plan:

Part 8 – River Settlements of Hornsby Development Control Plan
Control	Approved	Proposal	Requirement	Complies
Floor space ratio	0.38:1	0.32:1	0.5:1	Yes
Site cover	35%	35%	40%	Yes
Setbacks
Front (fronting Brooklyn Road)	8m	8m	3m	Yes
Side (eastern)	2.6m	2.6m	2m	Yes
Side (western)	1.2m	2.3m	2m	Yes
Foreshore Building line	13.33m (dwelling house)	13.33m (dwelling house)	10m	Yes – See Section 2.2.2
Height	7.8m	7.8m	8.5m	Yes
Cut and fill	Additional 2.3m to accommodate water tanks	3m	1m	No – See discussion below
Private Open Space	>120m²	>120m²	24m²	Yes
Landscaping	65%	65%	45%	Yes
Solar Access
Windows to north-facing living rooms on adjoining development adjoining land	>3 hours on 22 June	>3 hours on 22 June	2 hours on 22 June between 9am and 3pm	Yes
Private open space on adjoining land	>4 hours on 22 June	>3 hours on 22 June	50% of private open space should receive 3 hours on 22 June	Yes

As detailed in the above table, the proposed modifications do not comply with the cut and fill requirements within Part 8 of HDCP 2013. The matter of non-compliance is detailed below.

2.6.1 Height

There is no change proposed to the approved height of the dwelling house which is RL15.58. The proposed modification includes the relocation of the 50,000 litre rainwater tank to the area under the garage on the south-western section of the site. The plant room that was originally approved to accommodate the tank is to be deleted. There would be no change to the approved height as a result of this relocation.

2.6.2 Setbacks

There is no change proposed to the setbacks of the approved dwelling-house from the north, south or eastern boundaries. The proposed modification includes an increase in the side setback from the western boundary from 1.2 metres to 2.3 metres.

The submission suggests that the setback should be increased on the eastern boundary. The development as approved includes a 2.6 metre setback from the eastern boundary and there is no change proposed to this as part of the modifications.

The proposal complies with the setback requirement within the DCP of 2 metres from the side boundary for a two storey dwelling house. No further concerns are raised in this regard.

2.6.3 Cut and Fill

The original application was accompanied by a geotechnical report prepared by Crozier Geotechnical Consultants which concluded that the proposed cut and fill poses a minimal threat of landslip during the construction phase.

The proposed water tanks would be located beneath the garage and courtyard on the south western section of the site as part of the Section 96 modifications. This would include a cut of 2.2 metres to accommodate the 50,000 litre tank beneath the garage. The proposed cut was not included in the geotechnical assessment.

The cut would occur on the higher part of the site where the gradient is not as steep as the area closest to the water front. This cut would not be visible from the streetscape as it would be contained under the garage. Accordingly, a condition of consent is included in Schedule 1 requiring Council be notified in the event that acid sulphate soils are encounter and an Acid Sulphate Soil Management Plan prepared. The proposed modification is considered acceptable, subject to compliance with the additional condition.

3. ENVIRONMENTAL IMPACTS

3.1 Natural Environment

The approved development did not necessitate the removal of any trees on-site with the exception of the relocation of a Bangalow palm tree. The Section 96 application proposes to remove this tree to accommodate the modified form of the external stairs at an increased setback from the western side boundary. This is not a significant tree as it is not an indigenous species. No objection is raised to its removal.

The proposal also includes an amended landscape plan which includes increased turfing of part of the area which was previously occupied by the guest room. No other changes are proposed.

The original application included a detailed assessment of the natural environment in terms of proximity to the Hawkesbury River. The proposed modifications would not impact on the water quality, sediment and erosion controls and scenic quality in this environmentally sensitive area.

3.2 Built Environment

The proposed modification generally maintains the approved built form of the development which would not significantly detract from the existing character of the locality.

The submission objects to the location of the accessway. There is no change proposed to the approved accessway which complies with AS2890.1. No further concerns are raised in this regard.

There would be no change to the solar access, height or surrounding views as a result of the proposed modifications.

3.3 Social and Economic Impacts

There are no anticipated adverse social or economic impacts resulting from the modification to the approved development.

4. SITE SUITABILITY

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

The proposed modification would not alter the suitability of the site for residential 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 modifications were placed on public exhibition and notified to adjoining and nearby landowners between 22 May and 5 June 2014 in accordance with Council’s Development Control Plan 2013. During this period, Council received one submission. The map below illustrates the location of the landowner who made a submission.

NOTIFICATION PLAN

• PROPERTIES NOTIFIED

X SUBMISSIONS

RECEIVED

PROPERTY SUBJECT OF DEVELOPMENT

The submission objects to the modifications on the following basis:

· The conversion of the room in the lower ground level which accommodated the water tank would provide for a habitable room;

· Excessive car parking;

· The entire application should be reassessed;

· The modification should include an increased setback from the eastern boundary; and

· Access to the property is hazardous and sightlines are impinged by the existing boulder.

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

5.2 Public Agencies

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

6. THE PUBLIC INTEREST

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

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

CONCLUSION

The application is for the modification of the approved plans including internal reconfiguration of the dwelling house, an increase of the western side boundary setback and relocation of two rainwater tanks.

Pursuant to Section 96 of the Environmental Planning and Assessment Act, 1979 the proposed modifications are substantially the same development as approved. The proposed modifications generally maintain approved built form.

The current consent conditions are modified accordingly for the proposal as detailed in Schedule 1.

One submission was received in respect of the application and has been addressed within the body of the report.

The application is recommended for approval.

Rod Pickles

Manager - Development Assessment

Planning Division

James Farrington

Group Manager

Planning Division

Attachments:

1.View	Locality Plan
2.View	Site Plan
3.View	Floor Plans
4.View	Elevations
5.View	Sections
6.View	Schedule of Finishes

File Reference: DA/1318/2012/A

Document Number: D03101923

SCHEDULE 1

Date of this modification:	9 July 2014
Details of this modification:	Section 96(2) modification to the approved plans including internal reconfiguration of the dwelling house, increase of the western side setback and relocation of the rainwater tanks.
Conditions Added:	17b
Conditions Deleted:	Nil
Conditions Modified:	1

GENERAL CONDITIONS

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

1. Approved Plans and Supporting Documentation

Plan No.	Drawn by	Dated
Site and Roof Plan – DA02F	G.E. Hunt	14/05/2014
Lower Ground Floor Plan – DA03FB	G.E. Hunt	14/05/2014
Ground Floor Plan – DA04GB	G.E. Hunt	14/05/2014
First Floor Plan – DA05G	G.E. Hunt	14/05/2014
North Elevation – DA06F	G.E. Hunt	14/05/2014
Street Elevation – DA07F	G.E. Hunt	14/05/2014
East and South Elevations – DA08GB	G.E. Hunt	14/05/2014
West Elevations – DA09FB	G.E. Hunt	14/05/2014
Sections DA10F	G.E. Hunt	14/05/2014
Driveway Crossing – 120713 – D1	Tall Ideas Pty Ltd	25/2/2013
Driveway Crossing – 120713 – D2	Tall Ideas Pty Ltd	25/2/2013
Landscape Front – DA12E	G.E. Hunt	14/05/2014
Landscape Rear – DA13D	G.E. Hunt	12/12/2012
Finishes – DA11E	G.E. Hunt	14/05/2014

Supporting Documentation

Document No.	Drawn by	Dated
Report on Geotechnical Investigation	Crozier – Geotechnical Consultants	October 2012
Bushfire Risk Assessment	Bushfire Planning Services Pty. Ltd	25 October 2012
Heritage Impact Statement	G.E. Hunt	18 March 2013
Erosion and Sediment Control Plan DA21A	G.E. Hunt	6 February 2013
BASIX Certificate No. 444845S	Department of Planning and Infrastructure	13 December 2012

All works must be completed in accordance with the requirements of Bushfire Risk Assessment prepared by Bushfire Planning Services Pty. Ltd dated 25 October 2012.

REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

2. Building Code of Australia

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

3. Contract of Insurance (Residential Building Work)

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

4. Notification of Home Building Act, 1989 Requirements

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

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

a) The name and licence number of the principal contractor.

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

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

a) The name of the owner-builder.

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

5. Sydney Water – Quick Check

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

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

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

6. Erection of Construction Sign

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

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

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

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

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

7. 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.

8. Toilet Facilities

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

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

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

9. Erosion and Sediment Control

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

REQUIREMENTS DURING CONSTRUCTION

10. 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.

11. Council Property

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

12. Demolition

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

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

13. Environmental Management

14. Street Sweeping

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

15. Disturbance of Existing Site

16. Landfill

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

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

16b. Acid Sulphate Soils

Should acid sulphate soils be encountered during construction works, Council is to be notified immediately. An Acid Sulphate Soil Management Plan, written in accordance with the NSW Acid Sulphate Soil Manual 1998, is to be submitted to Council for approval and implementation.

17. Excavated Material

18. Survey Report – Finished Floor Level

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

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

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

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

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

19. Fulfilment of BASIX Commitments

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

20. Stormwater Drainage – Land Adjoining a Watercourse

In addition to other stormwater drainage requirements under this consent, all headwall outlets must incorporate flow velocity reduction controls (i.e. bedded boulders and small stones) to minimise erosive and scouring impacts to the watercourse. Energy dissipater controls must be landscaped to accommodate outlet sheet flow (forced jump). No engineering works are permitted within the bed of the watercourse.

21. Wastewater Connection to Sydney Water

All wastewater generated by the dwelling must be connected to Sydney Water’s sewerage system.

22. Internal Driveway/Vehicular Areas

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

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

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

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

23. Vehicular Crossing

a) The vehicular crossing is to be generally in accordance with engineering plans prepared by Tall Ideas Pty Ltd plan No 120713 dated 25 Feb 2013.

b) The footway area to be restored by turfing.

24. 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.

25. Retaining Walls

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

26. Damage to Council Assets

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

OPERATIONAL CONDITIONS

27. Noise

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

28. Swimming Pool Requirements

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

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

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

c) The swimming pool is to be located a minimum of 6 metres from any existing wastewater disposal area as outlined in the Environment & Health Protection Guidelines – Onsite Sewage Management for Single Households (1998).

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

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

- END OF CONDITIONS -

ADVISORY NOTES

Environmental Planning and Assessment Act, 1979 Requirements

The Environmental Planning and Assessment Act, 1979 requires:

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

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

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

· Mandatory inspections of nominated stages of the construction inspected.

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

Tree Preservation Order

In accordance with Clause 5.9 of the Hornsby Local Environment Plan 2013 a person must not ringbark, cut down, top, lop, remove, injure or wilfully destroy any tree or other vegetation to which any such development control plan applies without the authority conferred by a development consent or a permit granted by Council.

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

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

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

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.

Dial Before You Dig

Telecommunications Act 1997 (Commonwealth)

Asbestos Warning

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

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.

Rain Water Tank

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

1.View	HSC Investment Portfolio as at 31 May 2014
2.View	HSC Borrowings Schedule as at 31 May 2014

1.View	Draft Voluntary Planning Agreement
2.View	Draft Explanatory Note

1.View	Attachment 1 - Request to Remove Tree - 136 Copeland Road, Beecroft
2.View	Attachment 2 - Photo 1 - 136 Copeland Road, Beecroft
3.View	Attachment 3 - Photo 2 - 136 Copeland Road, Beecroft