Agenda of General Meeting - 13 August 2014

Group Manager’s Report No. PL46/14

Planning Division

Date of Meeting: 13/08/2014

6 DEVELOPMENT APPLICATION - FIVE STOREY RESIDENTIAL FLAT DEVELOPMENT COMPRISING 48 UNITS - 30-34 KEELER STREET AND 4 HEPBURN AVENUE, CARLINGFORD

EXECUTIVE SUMMARY

DA No:	DA/1229/2013 (lodged 5 November 2013)
Description:	Construction of a five storey residential flat building containing 48 units with basement car parking
Property:	Lot 1 DP832966, Lot 10 DP30015, Lot 9 DP30015 and Lot 2 DP832966, Nos. 30 - 34 Keeler Street and 4 Hepburn Avenue, Carlingford
Applicant:	Australian Consulting Architects Pty Ltd
Owners:	Mr and Mrs Karthigeyan, Mr Alva George Scarr, Ms Emma Hing PO Luk, Mr Eulsoo Park and Mrs Carolyn Lea Terry
Estimated Value:	$9,981,360
Ward:	C

· The application proposes demolition of existing structures and erection of a five storey residential flat building comprising 48 units with basement car parking.

· 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. The application proposes the removal of Blue Gum High Forest (BGHF) and is the subject of an offer to enter into a Planning Agreement to offset the loss of canopy area in accordance with Council’s Green Offset Code.

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

· It is recommended that the application be approved.

RECOMMENDATION

THAT Development Application No. DA/1229/2013 for demolition of existing structures and construction of a five storey residential flat building comprising 48 units with basement car parking at Lot 1 DP832966, Lot 10 DP30015, Lot 9 DP30015 and Lot 2 DP832966 Nos. 30-34 Keeler Street and 4 Hepburn Avenue, Carlingford be approved subject to the conditions of consent detailed in Schedule 1 of Group Manager’s Report No. PL46/14.

BACKGROUND

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

SITE

The site comprises four allotments, Nos. 30, 32 and 34 Keeler Street and 4 Hepburn Avenue and is located at the north-western corner of the intersection of Keeler Street and Hepburn Avenue. The site is irregular in shape with an area of 2,680m². The site has a frontage to Keeler Street of 47.86m and a secondary frontage of 56.6m to Hepburn Avenue. The site has a slope of 11% from Hepburn Avenue to the western side of the site. The adjoining properties at Nos. 36-38 Keeler Street are identified as flood prone land.

Existing improvements on the allotments include four dwelling-houses with associated garages and carports. Vehicular access to the site is via existing driveways fronting Keeler Street and Hepburn Avenue.

The site and adjoining properties contain a number of exotic and native planted trees and locally indigenous specimens including two significant Eucalyptus pilularis (Blackbutt) trees centrally located within the rear half of the site. The trees form part of Blue Gum High Forest Critically Endangered Ecological Community listed under the Commonwealth Environment Protection and Biodiversity Conservation Act 1999 and the NSW Threatened Species Conservation Act 1995.

The site forms part of the ‘Carlingford Road, Carlingford’ precinct rezoned for medium-high density housing in accordance with the Hornsby Shire Housing Strategy in September 2011. The precinct is bounded by Carlingford Road, Pennant Hills Road, Keeler Street and Hepburn Avenue. The surrounding developments include single and two storey residential dwellings to the north and west and a cluster housing development exists at No. 38 Keeler Street. Development applications for five storey residential flat buildings have been approved and are currently being constructed within the precinct.

The site is located within close proximity to Carlingford Court Shopping Centre located on the northern side of Carlingford Road.

PROPOSAL

The proposal involves the demolition of existing structures on the site and construction of a five storey residential flat building comprising 48 units with two levels of basement car parking.

The unit mix would comprise of 10 x 1 bedroom, 32 x 2 bedroom and 6 x 3 bedroom units. The units would be accessed via a centrally located lift and include balconies that face the front, rear and side property boundaries.

The development would be accessed from Keeler Street via a driveway located adjacent to the western property boundary. A total of 68 residential car parking spaces, including 10 visitors parking spaces are proposed in two basement levels.

ASSESSMENT

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

1. STRATEGIC CONTEXT

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

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

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

Within the North Subregion, the Draft Metropolitan Strategy proposes:

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

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

· 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 44 additional dwellings and would contribute to housing choice in the locality.

2. STATUTORY CONTROLS

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

2.1 Hornsby Local Environmental Plan 2013

The relevant provisions of the Plan are discussed below.

2.1.1 Land Use Zones and Permissibility

The subject land is zoned R4 (High Density Residential) zone under the Hornsby Local Environmental Plan 2013 (HLEP). The objectives of the zone are:

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

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

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

The proposed development is defined as ‘residential flat building’ under the HELP 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 is not in the vicinity of a heritage item or conservation area and is not subject to consideration for heritage conservation. Therefore, no further assessment in this regard is necessary.

2.1.4 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.

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

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

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

2.3.1 Principle 1 – Context

Design Principle 1 is as follows:

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

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

The subject site is located within a precinct zoned for five storey residential flat buildings in close proximity to Pennant Hills Road and the Carlingford Court shopping centre. The desired future character of the area, as outlined in the Hornsby Development Control Plan (HDCP), is that of a high density residential precinct incorporating five storey developments in garden settings with parking in basements.

The submitted ‘Design Verification Statement’ indicates that the proposal responds to the desired future character of the precinct as envisaged by Council. Once the development of the precinct is completed, the proposal would be consistent with development on surrounding sites and would be in keeping with the desired built form. The proposed building would contribute to the identity and future character of the precinct.

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

2.3.2 Principle 2 – Scale

Design Principle 2 is as follows:

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

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

The scale of the development is generally in accordance with the required building height and setbacks for the precinct and provides an architectural composition that achieves the required pavilion built form to minimize bulk and scale. The scale of the development is considered appropriate for the site and consistent with the desired future character of the precinct.

2.3.3 Principle 3 – Built Form

Design Principle 3 is as follows:

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

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

The proposed building is well articulated on each elevation with a juxtaposition of vertical planes with horizontal framed elements with appropriate building indentations and balcony projections. The finishes proposed are a combination of acrylic render paint finishes, aluminium frames, metal cladding and glass. Low pitched roofs above the pavilion forms and an increased top storey setback would minimise bulk and scale of the building. The proposal complies with the built form principle of SEPP 65.

2.3.4 Principle 4 – Density

Design Principle 4 is as follows:

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

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

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

2.3.5 Principle 5 – Resource, Energy and Water Efficiency

Design Principle 5 is as follows:

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

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

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

2.3.6 Principle 6 – Landscape

Design Principle 6 is as follows:

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

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

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

The application includes a landscape concept plan providing landscaping along the street frontage, side and rear boundaries and within the rear building indentation. Additionally, large trees are proposed along the Keeler street frontage and medium sized trees, shrubs and hedges are proposed along the Hepburn Avenue frontage which would soften the appearance of the development when viewed from the street. Deep soil zones are provided around the building envelope to the north, west and Keeler Street and Hepburn Avenue street frontages 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 would be provided in each unit. This is addressed in Section 2.4.6. The proposal would provide convenient and safe access via a central lift connecting the basement and all other levels. The proposal satisfies the ‘Amenity’ principle of SEPP 65.

2.3.8 Principle 8 – Safety and Security

Design Principle 8 is as follows:

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

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

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

The proposal includes an assessment of the development against crime prevention controls in the Design Verification Statement and the Statement of Environmental Effects. A Crime Risk Assessment was submitted with the application which indicates that the proposed design provides for secure entries and passive surveillance of the public domain from both the ground level and upper level residential apartments. Appropriate conditions of consent for building security are recommended for the safety and security of future occupants of the proposed development. Subject to the imposition of conditions, the proposal is supported in respect of safety and security.

2.3.9 Principle 9 – Social Dimensions and Housing Affordability

Design Principle 9 is as follows:

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

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

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

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

2.3.10 Principle 10 – Aesthetics

Design Principle 10 is as follows:

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

The architectural treatment of the building is consistent with the design principles contained within the RFDC and HDCP. The aesthetic quality of the building would contribute to the desired future character of the precinct. The details of the assessment of the built form and the aesthetics of the development are contained in Section 2.13 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	27%	Min 25%	Yes
Communal Open Space	25%	25-30%	Yes
Ground Level Private Open Space	25m² Min Dimension <4m	25m² Min Dimension 4m	No Yes
Minimum Dwelling Size	1 br – 64.75m² 2 br – 75.11m² 3 br – 95m²	1 br – 50m² 2 br – 70m² 3 br – 95 m²	Yes Yes Yes
Unit Depth and Maximum Kitchen Distance	8.6m – 10.5m (U103, 107, 307, 404 and 405)	8m (Max)	No
Minimum Balcony Depth	2m	2m	Yes
Ceiling Heights - Residential Floors	2.7m	2.7m (Min)	Yes
Total Storage Area	1 br - > 6m³ 2 br - > 8m³ 3 br - > 10m³ Majority of units contain more than 50% of internal storage areas accessible from the apartments except for Units 310, 403, 408 & 409. Basement Storage Area = 306.08m³	6m³ (Min) 8m³(Min) 10 m³ (Min) 50% accessible from the apartments Basement Storage Area required (376 m³ /2 = 188m³)	Yes Yes Yes No Yes
Dual Aspect & Cross Ventilation	29/48 = 60.4%	60%	Yes
Adaptable Housing	31.25% (15/48)	10%	Yes

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

2.4.1 Building Separation

The proposed building depth and the design of the building facades are in accordance with the requirements of the HDCP as discussed in Section 2.13. The RFDC requires a building separation of 12m between the unscreened habitable areas or balconies increasing to 18m from the fifth level, for two adjoining residential flat buildings.

The northern and western façades of the proposed development do not comply with this requirement. The matter is discussed in Section 2.13 of this report.

2.4.2 Ground Floor Apartments and Private Open Space

The private open space areas for units G01, G03, 108, 109, 110 and 111 do not comply with the Code’s best practice for the 25m² minimum open space areas and 4 metre minimum width dimension for ground floor open spaces. Notwithstanding, the proposed ground floor terraces and balconies are considered appropriate for the respective ground floor units in respect to dwelling size, aspect, unit configuration and amenity.

The private open space areas have been designed in accordance with the requirements of Council’s Hornsby Development Control Plan 2013. The DCP 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 landscape setting to the development. As such, the minor numerical non-compliance is considered minor and is acceptable in this instance.

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 majority of units would be well ventilated and some corner units would be provided with dual aspect balconies.

The RFDC requires that the back of a kitchen should be no greater than 8m from a window. Of the 48 units proposed, 5 units contain kitchens where the back wall is up to 10.5m from a window. These units offer an open layout with natural light and ventilation. Accordingly, the minor non-compliance is acceptable with respect to residential amenity.

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

2.4.4 Internal Circulation

The proposed development includes access to all floors via a lift. The number of units on each level for the first, second and third floor levels is 11 units which does not meet the Code’s requirements for the number of units accessed (less than 8) off an internal corridor. Due to the irregular shape of the site, the internal lift corridors form a “U-shaped” plan and the distance from the furthest unit to the lift is between 15m – 20m. However, the corridors are interspersed by windows which allow natural sunlight into the space and almost half of the units on each level are dual aspect units which demonstrate a high level of amenity for corridors and units. In this regard, the safety and amenity of people circulating within each level is not compromised and the non-compliance is considered acceptable.

The ground floor foyer also provides direct, level access from the north-eastern side of the property to the communal open space at the northern rear of the site.

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

2.4.5 Acoustic Privacy

The internal layout of the residential units is designed such that for a majority of units, 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 within the apartments and additional storage areas are within the basement levels. The majority of units (92%) contain more than 50% of internal storage areas accessible from the apartments except for Units 310, 403, 408 and 409 due to internal layout constraints. These units have a shortfall of up to 1m³ as prescribed under the RFDC. However, the storage space provided in the basement exceeds the RFDC requirement by over 100m³. In this regard, the minor non-compliance is considered acceptable.

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 underutilised land within the Shire.

2.7 State Environmental Planning Policy (Infrastructure) 2007

The application has been assessed against the requirements of State Environmental Planning Policy (Infrastructure) 2007. This Policy contains State-wide planning controls for developments adjoining busy roads. The development is not classified as a Traffic Generating Development in accordance with Clause 104 and Schedule 3 of SEPP (Infrastructure). Therefore, referral of the application to the RMS is not required.

2.8 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005

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

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

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

2.9 Threatened Species Conservation Act 1995

The site contains significant vegetation identified as BGHF which is listed as an Endangered Ecological Community listed under the Threatened Species Conservation Act 1995.

The applicant has submitted a Flora and Fauna Report including an assessment of the site pursuant to Clause 5A of the Environmental Planning and Assessment Act, 1979. The report submits that the proposal would not result in a significant impact on the Blue Gum High Forest (BGHF) ecological community in the locality. An assessment of the environmental impact of the development is held in section 3.1 of this report.

2.10 Green Offset Code (2012)

Council’s Green Offset Code (2012) was adopted on 20 June 2012. The purpose of the Code is to provide guidance on the approach to conducting offsets for the loss of healthy native trees and vegetation in Hornsby Shire, integrating the regulatory requirements of the environmental legislation and policies.

The Code applies to development that would impact on native vegetation and requires consideration of the following Principles:

· The Principle of Avoid, Minimise and Mitigate.

· The Precautionary Principle.

· The Principle of Net Gain.

· The Principle of Avoiding the Effects of Cumulative Impacts.

The Code provides for offset actions to protect, enhance, manage and create habitat on receiving land that is ecologically suitable and appropriate. Contributions made into this program will go towards restoration and revegetation works on Council managed land.

The application includes a VPA to offset the loss of Blue Gum High Forest (BGHF) on the site. The VPA includes a monetary contribution of $47,049 to offset the loss of BGHF and enable Council, through its Bushcare Program, to rehabilitate and regenerate bushland on an area of Council land. The monetary contribution offered to Council is in accordance with the formulas and rates outlined in the Code for the removal of 408.9 square metres of BGHF canopy.

2.11 Section 93F Environmental Planning and Assessment Act, 1979

The proposed VPA has been submitted pursuant to Section 93F of the Environmental Planning and Assessment Act, 1979. Council has a Policy on Planning Agreements which embodies the legislative criteria and sets the framework governing the use of Planning Agreements within Hornsby Shire. The Policy includes the following ‘acceptability test’ of a proper planning purpose to ensure that Planning Agreements:

· Are directed towards proper or legitimate planning purposes, ordinarily ascertainable from the statutory planning controls and other adopted planning policies applying to development.

· Provide for public benefits that bear a relationship to development that are not wholly unrelated to the development.

· Produce outcomes that meet the general values and expectations of the public and protect the overall public interest.

· Provide for a reasonable means of achieving the relevant purposes and outcomes and securing the benefits.

· Protect the community against harm.

The VPA would offset the loss of BGHF from the site and facilitate bushland regeneration works on Council land. Under Council’s Policy on Planning Agreements, bushland regeneration works are listed as an appropriate planning benefit for a planning agreement. The VPA has been reviewed by Council’s Solicitor and is considered to be directed to a legitimate planning purpose and would facilitate an appropriate outcome through bushland regeneration.

It is an appropriate environmental outcome for Council to enter into a VPA in this instance to balance the opportunity for sustainable development against the environmental attributes of the locality. The VPA is considered to satisfy the above acceptability test and is consistent with Council’s Policy on Planning Agreements.

A condition is recommended requiring the applicant to enter into a VPA with Council to offset the loss of BGHF on the site. In accordance with Section 93G of the Environmental Planning and Assessment Act, 1979 the VPA was required to be publically notified and available for public inspection for a period of 28 days before being entered into. In this regard, the VPA was notified from 11 June 2014 to 9 July 2014 and 1 submission was received which is addressed in Section 5.1.9 of the report.

2.12 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.

2.13 Hornsby Development Control Plan 2013

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

Hornsby Development Control Plan 2013

Control

Proposal

Requirement

Compliance

Site Width

47.86m (Keeler Street)

56.6m (Hepburn Ave)

30m

Yes

Height

5 storeys – 17.5m

Yes

Lowest Residential Floor Above Ground

<1.5m

Max - 1.5m

Yes

Height of Basement above ground

Approx. 10m² >1m

Max – 1m

Maximum Floorplate Dimension

38.4m (E -W)

37m (N - S)

35m

Building Indentation

4m x 4m (Keeler St)

4m x 8m (Hepburn Ave)

4m x 4m (West side)

4m x 4m

Yes

Front Setback

(Primary Frontage - Keeler Street)

10m – 15m

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

7m (balconies)

10m

8m < 1/3 of frontage (12.3m length)

7m (balconies)

Yes

Eastern Side Setback (Secondary Frontage - Hepburn Ave)

6m – 7m

14.5m reduced to 4m – 5m

1/3 frontage (12.3m) can be reduced to 4m

Yes

Western Side Setback

9.5m length reduced to 4m

1/3 frontage (12.3m) can be reduced to 4m

Yes

Northern Rear Setback

10m

8m (for 8m length) < 1/3 frontage of north western rear

7m (balconies) except for Units G02, 108, 208, 308 & 406

10m

8m < 1/3 of frontage (9m length) of north eastern rear

7m (balconies)

Yes

Top Storey Setback From Ground Floor

North - 0m for a building length of 4m

East – 0m for a length of 4m

3m additional

Basement Parking Setback

6m – 8m front

2m – 6m rear

4m eastern side

4m western side

7m front

7m rear

4m sides

Yes

Basement Ramp Setback

2m (western side)

Yes

Parking

58 resident spaces

10 visitor spaces

11 bicycle spaces in the basement

50 resident spaces

7 visitor spaces

10 bicycle spaces in the basement and 5 bicycle visitors spaces

Yes

Deep Soil Landscaped areas

Front 4m wide

Rear 3m - 7m wide

Eastern side – 4m wide

Western Side – 4m wide

7m wide

4m wide

Yes

Private Open Space with Min Width 2.5m

1 br units >10m²

(U409 = 8.5m²)

2 br units (U109, 209 & 304) =

9m^{2 –}10.5m²

3 br units (UG01) = 13.8m²

1 br units 10m² (min)

2 br units 12m² (min)

3 br units 16m² (min)

Communal Open Space with minimum dimension 4m

25% and 105m² of principal communal open space

25% and at least 50m² of principal communal open space

Yes

Solar Access

73%

70%

Yes

Housing Choice

1 br unit - 21%

2 br unit – 66.5%

3 br unit - 12.5%

10% of each type (min)

Yes

Adaptable Units

16/48 = 33%

30%

Yes

As detailed in the above table, the proposed development does not comply with a number of the prescriptive measures within the HDCP. The matters of non-compliance are detailed below, as well as a brief discussion regarding the desired outcomes and the prescriptive measures.

2.13.1 Desired Future Character

The site is included in the Carlingford Road, Carlingford Precinct which was rezoned from Residential A (Low Density) to Residential C (Medium-High Density) on 2 September 2011 as part of Council’s Housing Strategy.

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

2.13.2 Design Quality – SEPP 65

The proposed development is designed in accordance with the design principles of SEPP 65 except the building separation from the western and northern property boundaries. Refer to discussion in Sections 2.3 and 2.4.

2.13.3 Site Requirements

The HDCP requires sites to have a minimum frontage of 30 metres. The subject site has a frontage of 56.6m to Keeler Street and 47.86m to Hepburn Avenue and complies with this requirement.

The HDCP also requires the following:

Where a development proposal results in an adjoining site within the precinct with no street frontage or a primary street frontage of less than 30m, proponents should demonstrate that orderly and economic development of the site can be achieved under this DCP.

Where a property is likely to be isolated by a proposed development and it cannot be demonstrated that orderly and economic development (isolated) site can be achieved, applicants should provide documentary evidence that genuine and reasonable attempt has been made to purchase an isolated site based on a fair market value.

A drainage easement runs along the adjoining western properties, on the eastern property boundary of No. 38 Keeler Street, in between Nos. 36 and 38 Keeler Street. As a result, property Nos. 36 and No. 38 Keeler Street are indicated as being flood prone. The drainage pipe within the easement is sited at the lowest grade within the precinct and is connected to a network of pipes to the north of Carlingford Road and thus cannot be relocated. No. 38 Keeler Street has a frontage of approximately 23m and a cluster housing development currently exists on site. No. 36 Keeler Street has a frontage of approximately 17m and a freestanding single storey dwelling house exists on the site. Approval of the proposed development would result in the isolation and potential sterilisation of No. 36 Keeler Street for future five storey development.

In accordance with the provisions of the DCP, the Applicant sought to resolve the isolation of No. 36 by making genuine and reasonable attempts to acquire the site at a fair market value. Details of the attempts made to acquire No. 36 were submitted with the Application and include a statutory declaration outlining the offers made by the landowner to purchase No. 36 and a letter of offer sent by the landowner’s solicitor. These attempts to acquire No. 36 were unsuccessful.

Further to the above, the landowner of No. 36 contact Council to confirm that the developer had been in contact and had made offers to purchase the site, however these offers were considered well below expectations and concluded that he had “no interest in holding further negotiations with the applicant now or in the future”. The landowner advised that he was aware that approval of the proposed development would isolate his site and did not oppose the development.

Based on the above, the proposal is considered to be acceptable in respect to the HDCP prescriptive measures for site consolidation.

2.13.4 Height Requirements

The proposed building complies with the 17.5 metre maximum height limit. However, portions of the proposed basement car park would project more than 1m above finished ground level. However, these portions are located in the middle of the residential flat building and contain a floor area of approximately 10m². When viewed from the public domain (Keeler Street and Hepburn Avenue), the building presents as a five storey residential flat building and the variation is considered negligible. Accordingly, the proposed development is satisfactory in respect to built form.

2.13.5 Setbacks

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

Northern Rear Setback

Whilst the proposal achieves the numerical requirement of a 10m setback which can be reduced to 8m for a maximum of 1/3 of the building width, the rear balcony setback presents a non-compliance with the HDCP requirements. Due to the irregular shape of the site, the balcony serving Unit G02 has a 6m -7m setback from the rear property boundary and the balconies serving Units 108, 208, 308, 406 have (in part) a 2m setback from the south eastern corner of the adjoining property at No. 199A Carlingford Road.

The non-compliance to the balcony serving Unit G02 is for an area of 3.3m² which is approximately 9% of the total balcony area. A 2.5m wide planter box including a Plumeria Rubrais plant which grows to a height of 4m is proposed along the balcony length. This would alleviate any privacy impacts to the northern adjoining property. The encroachment would not further impact on the deep soil zones as the basement already encroaches within the rear setback.

The non-compliance to the balconies serving Units 108, 208, 308 and 406 from the irregular shape of the site due to the consolidation of No. 4 Hepburn Avenue. To ensure that minimal overlooking impacts result from the encroachments of these balconies, a condition is recommended that 1.8m high, movable privacy screens are to be erected along the northern and western sides of the balcony fronting the living rooms of units 108, 208, 308 and 406.

With conditions, the non-compliances to the rear, northern side setback would ensure a well-articulated building form that incorporates landscaping, open space and adequate separation between buildings. The units provide open, useable terrace areas and provide for the amenity of future occupants and accordingly meet the desired outcome for a five storey residential flat building. It is considered that the numerical non-compliances with respect to balcony setbacks are minor and acceptable on merits.

Eastern Side Setback (Hepburn Avenue)

The proposal does not comply with the eastern side setback requirements of the HDCP that prescribes 1/3 of the frontage (12.3m) can be reduced to 4m. The proposal includes a side setback of between 4m - 5m for a length of 14.5m. The non-compliance includes a 2.5m wide stairwell with a 5m side setback from the eastern property boundary that provides access to the basement. The stairwell adjoins a 4m x 6m building indentation which exceeds the building indentation requirements of the HDCP.

The building indentation, vertical and horizontal blade elements and wrap around balconies presents a well-articulated eastern façade. Additionally, the landscape plan indicates that 4 x Tristaniopsis laurina new street trees which grow to a mature height of 12m and 6 x Banksia serrata native buffer trees which also grow to a mature height of 12m would be planted on the Hepburn Avenue street frontage. These trees would obscure the eastern façade. In this regard, the minor encroachment is considered to be acceptable.

Basement Parking Setback

Whilst all basement parking side setbacks comply with the requirements of the HDCP, the proposal does not comply with the front and rear basement parking setback requirements.

The front basement parking setback has an encroachment of up to 0.7m for a total length of 16m. However, on average the basement parking is setback 7m from the front property boundary. The minor non-compliance would have a negligible impact on the provision of deep soil landscaping and open space areas and is considered acceptable.

The rear basement parking setback has a varying setback of between 2m – 6.5m for a total length of 29m. However, this is as a result of the irregular shape to the site due to the amalgamation of No. 4 Hepburn Avenue. Adequate deep soil zones (25%) are provided within the development, including a communal open space area which is located at the northern corner of the site. In this regard, the non-compliance is considered acceptable.

Top Storey Setback

The majority of the building incorporates a 3m building setback for the top storey on the front, rear and side setbacks. However, minor portions of the northern, eastern and western top storey setbacks do not comply with the numerical requirements of the HDCP. These non-compliance are considered as satisfactory under Section 2.12.7 and the majority of these non-compliances are located on the rear elevation which is not visible from the street.

The non-compliances on the western, Keeler Street elevation are predominantly located within the building indentation and the façade is well articulated as it has been treated with protruding balconies, vertical and horizontal blade walls and panels, stepped levels of the building, flat roof and a juxtaposition of finishes and colours including acrylic render, profiled metal cladding, alucobond cladding, aluminium frames and glass balustrades and windows. The top storey setbacks generally comply with the numerical requirements of the HDCP. The proposal would contribute to a well-articulated building form and is therefore considered to be acceptable.

2.13.6 Deep Soil Landscaping

The landscaping provisions of the HDCP prescribe that a 7m wide deep soil landscaped area is to be provided at the front and rear boundaries and a 4m wide deep soil landscaped area is to be provided at the side boundaries. The proposal incorporates a 4m wide deep soil on the side setbacks. However, does not comply with the 7m wide deep soil landscaped areas to the front and rear boundaries.

The front setback includes hardstand areas such as pathways and planter boxes with resulting deep soil areas between 3m – 12m. Notwithstanding, the landscape plan indicates that a number of large, mature canopy trees would be planted within this deep soil area including an advanced Eucalyptus pillularis as a replacement canopy tree which would grow to a mature height of 30m and 2 x Stenocarpus sinuatus trees which would grow to a mature height of 20m. The overall landscaped area is 7m wide and the roots from the proposed canopy trees would still be able to grow under the footpath and planter boxes. In this regard, the proposed non-compliance to the front deep soil landscaping setback is considered acceptable.

The proposal does not comply with the rear deep soil landscaping requirement in that the basement encroaches within this area and results in a 3m – 6.5m wide deep soil landscaped area. The non-compliance to the basement parking setback has been addressed in Section 2.13.5. Additionally, the proposal includes provision for the planting of an advanced large Eucalyptus pillularis tree and 2 x medium Banksia serrata trees and terrace planting within the planter boxes including 3 x small Plumeria rubra trees. Due to the constraints incurred by the irregular shape of the site, the non-compliance to the rear deep soil landscaping setback is considered acceptable as the proposal achieves the required area of open space and provides a useable space easily accessible to future occupants.

The extent of hard stand areas is confined to the southern and eastern side of the site and reasonable provision has been made for deep soil areas to accommodate mature canopy trees, within the front, rear and side setbacks and achieves an appropriate landscape setting. In this regard, the non-compliances are considered to be acceptable.

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

2.13.7 Building Articulation

Indentation

The proposed development provides a mid-elevation, minimum 4m by 4m vertical indentation in each façade of the building, which complies with the DCP requirement. The indentation creates the appearance of separate building pavilions, which is further accentuated by corresponding roofs above each pavilion element.

The proposed building has a maximum floorplate of 38.4m (East to West) and 37m (North to South) which exceeds the maximum floorplate length of 35m in the HDCP. The building length is largely attributed to the site consolidation pattern. The adjacent property has not been amalgamated with the subject site which would provide the opportunity for 2 smaller buildings. However, as indicated above, the adjacent property owner is unwilling to negotiate a sale of the site to facilitate an alternative built form outcome.

The design of the proposed development is considered suitable given that the overall building bulk and massing has been successfully tempered through the use of recessed bays, appropriate roof design, fenestration, textures and materials.

Articulation

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

· The proposed building is stepped to conform with the topography of the site. The building has been vertically stepped, three steps being provided on the ground, fourth and the fifth storey across 50% of the width of each façade along with a four storey high vertical solid panels.

· The building is well articulated with regard to the treatment of the façades, size and placement of windows, balconies, vertical panels, indentations and setback variations to minimise the bulk and scale of the building.

· The facades have been divided into vertical ‘panels’, no wider than 8 metres except for a 9.5m panel on the western elevation. However, this panel cannot be viewed from the street, is vertically stepped in on the fourth floor and the overall western façade achieves the desired articulation.

· The façade treatment, interesting fenestration, protruding balconies, planter boxes, vertical and horizontal blade walls and panels, stepped levels of the building, flat roof that minimises the bulk and scale and would contribute to the streetscape.

· The building would incorporate a varied use of finishes including acrylic render, profiled metal cladding, alucobond cladding, aluminium frames and glass balustrades and windows and contemporary colours.

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

2.13.8 Open Space

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

The majority of proposed private open space areas achieve the prescriptive area requirements apart from 5 out of 48 units. Units G01, 109, 209, 304 and 409 have an open space area with a minimum width of 2.5m that is less than the required 10m² for 1 bedroom units, 12m² for 2 bedroom units and 16m² for 3 bedroom units. However, the overall area complies with the prescriptive measures and would accommodate the provision of outdoor seating furniture and activities and an area for clothes drying. The private open space area for unit 409 is undersized by 1.5m². The open space area could be increased to 10m² and comply with the front setback requirements. A condition is recommended that the private open space area for unit 409 be increased.

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

2.13.9 Privacy and Security

Given the orientation of the site, and the site constraints derived from an irregular shaped allotment, a number of balconies and primary living areas would front the side and rear boundaries. Apart from the balconies on the southern corner of the site serving units 102, 202, 302 and 402, full height privacy screens or louvers are proposed for balconies facing the western side boundary which do not numerically achieve the separation requirements as per SEPP 65 or the HDCP.

To ensure that adequate privacy is maintained for the non-compliant units on the southern corner of the site, a condition is recommended that a 1.8m high privacy screen/louvre is to be erected on the western side of the balconies serving units 102, 202, 302 and 402.

Due to the irregular shape of the site, the balconies serving units 108, 208, 308 and 406 are setback 2m from the south eastern corner of No. 199A Carlingford Road which does not comply with the 6m building separation requirement as prescribed under the RFDC and Council’s HDCP. To ensure that maximum protection of privacy is maintained, a condition is recommended requiring 1.8m high, movable privacy screens to be erected along the north and western sides of the balcony fronting the living rooms of units 108, 208, 308 and 406.

The ground floor balcony serving unit 108 would directly face the communal open space at the rear northern corner of the site and would be required to be suitably screened by landscaping and privacy screens. A condition is recommended that landscape screening be provided in front of the balcony.

In terms of security, the proposal includes safe, clear and direct pedestrian entrance to the centrally located foyer of the building from Keeler Street. A separate pedestrian entry is also located along the Hepburn Street frontage. Passive surveillance is achieved by the orientation of private open space and living room windows of units to the street and rear, communal open spaces on the site.

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

2.13.10 Sunlight and Ventilation

The applicant has submitted solar access diagrams demonstrating compliance of individual units with solar access requirements. As the site is located within a redevelopment precinct, the solar access analysis has taken into account the overshadowing impacts from future five storey developments on adjoining sites. The applicant submits that 73% of the units would receive a minimum 2 hours solar access between 9am and 3pm during the Winter Solstice. Based on Council’s assessment, the proposal would comply with the sunlight access requirements for units under the HDCP and is acceptable in this regard.

The solar access diagrams submitted with the application demonstrate the overshadowing impacts of the development to adjoining properties at 9am, 12pm and 3pm on June 21. The proposed building would not detrimentally impact upon the north-eastern property on the opposite side of Keeler Street known as No. 28 Keeler Street as there would be least 4 hours of solar access provided to the private open space area. The proposed building would overshadow the western adjoining property at No. 36 Keeler Street between 9am and 12pm. However, the north facing windows of the dwelling house at No. 36 Keeler Street would maintain solar access between 12pm and 3pm. The potential five storey developments on the northern and western sides would be required to demonstrate compliance with the solar access and setbacks requirements for five storey developments governed by the RFDC and the HDCP. This would be assessed in future applications.

2.13.11 Housing Choice

The proposed development includes a mix of one, two and three bedroom units and adaptable housing units which complies with the prescriptive measures. Sixteen out of 48 units are proposed as adaptable units which exceed the 30% requirement of the HDCP. The proposal complies with the prescriptive measures of the HDCP and the RFDC.

2.13.12 Vehicle Access and Parking

The proposed car parking complies with the required spaces for residents and visitor spaces and provides for 1 motor cycle space. The proposed car park is accessed via a 6.35m wide driveway (excluding traffic islands) from Keeler Street. Whilst the driveway width, ramp gradients and aisle widths are assessed as satisfactory, a traffic island is proposed in the middle of the driveway for the placement of an intercom for access by the driver of a vehicle. A condition is recommended that requires the length of the traffic island to be reduced to ensure there is no obstruction to the service area of a garbage collection vehicle.

The basement level includes storage areas for residents and 11 bicycle parking spaces which results in a shortfall of 4 bicycle spaces. A condition is recommended for the provision of an additional 4 bicycle spaces in accordance with the controls for transport and parking under the HDCP. With conditions, the proposal complies with the prescriptive measures of the HDCP and the RFDC.

2.13.13 Stormwater Management

The development proposes to connect to Council’s piped drainage system located to the north-west of the subject property which links to Carlingford Road via an underground on-site detention (OSD) tank and rainwater tank located at the front, southern corner of the site within the driveway. Council’s engineering assessment concludes that subject to conditions recommended in Schedule 1, the OSD and stormwater management system would minimise the effects of flooding and maintain natural environmental flows. Additionally, subject to sediment and erosion control measures being implemented on site during construction, the proposal would comply with the desired outcomes of the HDCP.

2.13.14 Waste Management

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

A garbage chute and a recycling bin is provided on each level. For 48 dwellings, the development would require 4 x 660 litre garbage bins serviced twice weekly plus 10 x 240 litre recycling bins serviced weekly. However, the site caretaker will require 13 x 240 L recycling bins to avoid having to decant bins or swap half full bins around. There also needs to be 1 x 660 L paper/cardboard recycling bin serviced weekly. Conditions have been recommended to ensure that these services can be provided.

The bin storage area next to the garbage chute service area is sufficient in size to store bins that would not be in use under the chute or in the waste facility rooms on each residential level. A 4 x 660 L bin carousel is shown on the plans and is considered acceptable. No bulky waste storage area has been provided. A condition is recommended that requires a bulky storage area of at least 8m² be provided within the basement.

The proposal provides a bin collection area on the western side of the driveway. Subject to conditions requiring the removal of any traffic islands that would obstruct the service area of a waste collection vehicle, a small rigid waste collection vehicle would be able to reverse onto the site and park on the driveway while servicing the bins and then leave the site in a forward direction.

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

2.13.15 Accessible Design

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

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

2.13.16 Tree and Vegetation Preservation

The proposed development includes the removal of 2 significant trees (tree No. 1, and 2 Blackbutt Eucalyptus pilularis). Subject to conditions requiring replacement planting, the removal of this tree is considered to be satisfactory. This is addressed under Section 3.1 of this report.

2.14 Section 94 Contributions Plans

Hornsby Shire Council Section 94 Development Contributions Plan 2012-2021 applies to the development as it would result in the addition of 44 residential units in lieu of the four existing residences. Accordingly, the requirement for a monetary Section 94 contribution has been recommended as a condition of development consent.

3. ENVIRONMENTAL IMPACTS

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

3.1 Natural Environment

The site and neighbouring properties contain a mix of locally indigenous, native and exotic tree species.

The subject site contains two significant Eucalyptus pilularis (Blackbutt) trees which are proposed for removal numbered T1 and T2 as outlined in the Arboricultural Impact Assessment Report. The trees are centrally located within the rear half of the site and form part of Blue Gum High Forest Critically Endangered Ecological Community listed under the Commonwealth Environment Protection and Biodiversity Conservation Act 1999 and the NSW Threatened Species Conservation Act 1995.

The Arboricultural Impact Assessment includes a resistograph assessment of Tree No. 1 which notes that the tree has developed a cavity in the crotch of the first order branches. Tree No. 2 has a trunk wound at the basal area. As outlined in the report, the removal of tree No. 1 would impact on the retention of tree No. 2 and would significantly decrease the space available for development due to the size of the Tree Protection Zone (TPZ) of this tree. Council’s environmental assessment of the report concurs with the findings of the report.

In addition, replacement planting has been proposed to offset the loss in accordance with Council’s Green Offsets Code, where the negative impacts of tree removal may be offset through other positive actions. The Code provides for an appropriate offset ratio for the replacement of Remnant Endangered Ecological Community trees as 5:1 which are to be planted within the subject site. Having regard to this and the Voluntary Planning Agreement to offset the loss of BGHF from the site, as discussed in Section 2.10, the proposal’s impact on significant vegetation does not warrant refusal of the application. It is considered to be an appropriate environmental outcome for Council to enter into a Green Offset agreement in this instance to balance the opportunity for sustainable development against the environmental attributes of the locality.

3.1.1 Stormwater Management

The development proposes to connect to Council’s piped drainage system on Carlingford Road via an underground on-site detention (OSD) tank and rainwater tank located at the front, southern corner of the site within the driveway to control the discharge of water from the site. This has been addressed as satisfactory under Section 2.13.13 of this report.

3.2 Built Environment

3.2.1 Traffic

Council has undertaken an assessment of the overall traffic impact of the redeveloped precinct on the locality and has undertaken additional traffic modelling for the Carlingford Housing Strategy precinct to confirm road and other improvements required to facilitate future development within the precinct.

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

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

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

· Installation of traffic calming devices in Keeler Street; and

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

Accordingly, at its meeting on 20 November 2013, Council resolved that amendments to the Hornsby DCP identifying the additional recommended traffic improvements to support development of the Carlingford precinct be adopted. In accordance with Council’s resolution, the HDCP amendments came into force on 12 December 2014.

The applicant submitted a Traffic and Parking Impact Report for the proposed development. The estimate of the traffic generated by the proposed development is 14 vehicle trips in peak hours. An Intersection Assessment was included in the report which assessed the existing traffic controls and intersections of Pennant Hills Road with Carlingford Road, Pennant Hills Road with Keeler Street, Carlingford Road with Hepburn Avenue during weekday peak hours. The assessment concludes that the projected increase in traffic activity as a result of the proposed development is “statistically insignificant” and would not have unacceptable traffic implications in terms of road network capacity. Council’s Traffic assessment concurs with this assessment.

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 Carlingford Court Shopping Centre and Carlingford Commercial Centre, allowing equitable, direct access to retail, business, recreational, health and educational facilities for all ages.

3.4 Economic Impacts

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

4. SITE SUITABILITY

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

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

5. PUBLIC PARTICIPATION

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

5.1 Community Consultation

The proposed development was placed on public exhibition and was notified to adjoining and nearby landowners between 19 November 2013 and 4 December 2013 in accordance with Council’s Notification and Exhibition Development Control Plan. During this period, Council received 5 submissions; however 1 submission from the owner of No. 36 Keeler Street was subsequently withdrawn. A draft voluntary planning agreement was also notified between 11 June 2014 and 9 July 2014 in accordance with Section 93G of the Environmental Planning and Assessment Act, 1979. During this period, Council received 1 submission.

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

NOTIFICATION PLAN
• PROPERTIES NOTIFIED	X SUBMISSIONS RECEIVED	PROPERTY SUBJECT OF DEVELOPMENT
1 SUBMISSION RECEIVED OUT OF MAP RANGE (No. 17 Darwin Street, Carlingford)

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

· Unacceptable traffic on local streets;

· Limited public transport;

· Unacceptable overshadowing of adjoining properties;

· Unacceptable noise from traffic during construction;

· Safety of children at nearby schools;

· Development that is excessive in bulk and scale;

· Development may result in vibration and damage to adjoining properties;

· Exacerbation of the poor condition of existing roads;

· Devaluation of adjoining properties;

· “Complete imbalance of ethnic mix”;

· Unsightly waste storage and maintenance of units and gardens; and

· The removal of 2 significant trees which are part of the BGHF.

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 Limited Public Transportation

The site is located within 300m from Carlingford Court and Carlingford Road which contains a number of bus stops to Carlingford Station and Epping Station.

5.1.2 Unacceptable Noise from Traffic During Construction

Conditions are recommended under Schedule 1 to ensure that minimal noise impacts result from traffic during construction including requirements restricting construction hours, a Traffic Control Plan detailing vehicle movements, traffic management plan and pedestrian and cyclist access and safety.

5.1.3 Safety of Children at Nearby Schools

The proposed development would not result in increased traffic safety impacts for children and other pedestrians when compared to existing conditions.

5.1.4 Development May Result in Vibration and Damage to Adjoining Properties

Conditions are recommended under Schedule 1 to provide a dilapidation report for all adjoining properties to ensure that there are no detrimental structural impacts as a result of the development.

5.1.5 Exacerbation of the Poor Condition of Existing Roads

Maintenance of existing road infrastructure is a separate issue that does not form part of the development assessment and is not a matter for consideration under Section 79C of the Environmental Planning and Assessment Act 1979.

5.1.6 Devaluation of Adjoining Properties to the East of Hepburn Avenue Who Are Not Within the Housing Strategy Precinct

Submissions received raised concern that property values will be affected for those properties not located within the Housing Strategy Precinct. However, it is not a requirement of the Environmental Planning and Assessment Act 1979 to consider the potential impact of development on property values.

5.1.7 Complete Imbalance of Ethnic Mix

This is not a matter for consideration under Section 79C of the Environmental Planning and Assessment Act, 1979.

5.1.8 Unsightly Waste Storage and Maintenance of Units

Waste management and maintenance of landscaping have been addressed as conditions of consent under Schedule 1. The maintenance of units and communal landscaping and open space areas would be governed by the body corporate.

5.1.9 Draft Voluntary Planning Agreement

A concern has been raised in community submissions that the 408.9 square metres canopy coverage calculated under Council’s Green Offset Code is insufficient to compensate for the loss of the interconnected ecological system and heritage value that surrounds the BGHF community on the site. These trees are not identified as heritage listed trees under Schedule 5 Environmental heritage of Council’s HDCP. As addressed in Section 2.10 Green Offset Code (2012), the calculation and monetary contribution offered to Council is in accordance with the formulas and rates outlined in the Code and the VPA is considered to be suitable.

5.2 Public Agencies

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

6. THE PUBLIC INTEREST

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

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

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

CONCLUSION

The application seeks approval for the demolition of existing structures and construction of a five storey residential flat building comprising 48 units and basement car parking.

The proposal includes the removal of a significant group of trees identified as Blue Gum High Forest (BGHF). The proposed tree removal is the subject of an offer to enter into a Planning Agreement to offset the loss of 408.9 square metres of BGHF canopy area in accordance with Council’s Green Offset Code (2012).

The proposed development is generally in accordance with the development controls for the Hornsby Development Control Plan 2013 and would contribute to the future desired five storey residential character of the precinct. With conditions, the minor non-compliance with prescriptive measures for basement height, setbacks, maximum floor plate dimensions, bicycle parking, deep soil landscaping and open space are considered acceptable. The proposal complies with the design principles of SEPP 65 and the Residential Flat Design Code.

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

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

Rod Pickles

Manager - Development Assessment

Planning Division

James Farrington

Group Manager

Planning Division

Attachments:

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

File Reference: DA/1229/2013

Document Number: D03093441

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
DA-01 G	Survey Plan	Australian Consulting Architects	July 2014
DA-02 G	Site Analysis Plan	Australian Consulting Architects	July 2014
DA-03 G	Site Plan	Australian Consulting Architects	July 2014
DA-04 G	Basement	Australian Consulting Architects	July 2014
DA-05 G	Ground Floor	Australian Consulting Architects	July 2014
DA-06 G	First Floor	Australian Consulting Architects	July 2014
DA-07 G	Second Floor	Australian Consulting Architects	July 2014
DA-08 G	Third Floor	Australian Consulting Architects	July 2014
DA-09 G	Fourth Floor	Australian Consulting Architects	July 2014
DA-10 G	Fifth Floor	Australian Consulting Architects	July 2014
DA-11 G	Roof Plan	Australian Consulting Architects	July 2014
DA-12 G	North and South Elevations	Australian Consulting Architects	July 2014
DA-13 G	East and West Elevations	Australian Consulting Architects	July 2014
DA-14 G	Sections	Australian Consulting Architects	July 2014
DA-15 G	Driveway/Ramp Sections	Australian Consulting Architects	July 2014
DA-16 G	Perspectives	Australian Consulting Architects	July 2014
DA-17 G	Perspectives	Australian Consulting Architects	July 2014
DA-19 G	Winter Shadow Analysis	Australian Consulting Architects	July 2014
DA-20 G	Winter Shadow Diagram Ground Level	Australian Consulting Architects	July 2014
DA-21 G	Winter Shadow Diagram Level 1	Australian Consulting Architects	July 2014
L_201 E	Landscape Plan Ground Floor South	Formed Gardens P/L	June 2014
L_202 E	Landscape Plan Ground Floor North	Formed Gardens P/L	June 2014
L_203 E	Landscape Plan Level 1 and 4	Formed Gardens P/L	June 2014
L_501 E	Landscape Details	Formed Gardens P/L	June 2014
F01	Finishes Schedule	Australian Consulting Architects	Nov 2013
SK000-SK006 (7 Sheets)	Concept Stormwater Plans	Martens & Associates	14 Feb 2014
	Site Tree Locations Plan	Hornsby Shire Council	15 Jan 2014

Document Title	Prepared by	Dated
Statement of Environmental Effects	Planning Ingenuity	28 Oct 2013
Basix Certificate No. 510251M	Basirius	23 Oct 2013
Arboricultural Impact Statement Ref. 15021 Rev.3	Urban Tree Management	5 May 2014
Landscape Management Plan (Issue E)	Formed Gardens P/L	June 2014
Traffic and Parking Report	Varga Traffic Planning P/L	7 Feb 2014
Waste Management Plan	Australian Consulting Architects	15 Feb 2014
SEPP 65 Overall Compliance Analysis	Australian Consulting Architects	April 2014
SEPP 65 Unit Analysis	Australian Consulting Architects	April 2014

2. Amendment of Plans

The approved plans are to be amended as follows:

a) 4 additional bicycle spaces shall be included in the basement area in accordance with the controls for transport and parking under the HDCP.

b) 1.8m high movable privacy screens shall be erected along the northern and western sides of the balconies fronting the living rooms of units 108, 208, 308 and 406 as marked in red on the approved plans.

c) Landscape screening shall be provided in front of the balcony serving Unit 108 to maintain privacy for residents from the communal open space area.

d) The private open space area for Unit 409 shall be increased to 10m².

e) To ensure adequate waste management services are provided the following are required:

i) In addition to the 10 x 240L recycling bins, 3 x 240L recycling bins are required to be provided in the basement level to avoid the site caretaker having to decant or swap half full bins around.

ii) An additional 1 x 660L paper/cardboard recycling bin serviced weekly is to be provided within the basement level.

f) The traffic island shall be reduced in length to ensure that there is no obstruction for the garbage collection vehicle (as marked in red on the approved plans).

3. Removal of Existing Trees

This development consent only permits the removal of tree numbered 1, 2, 3, 4, 6, 7, 12, 13, 14, 15 and 16 as identified on the Site Tree Locations Plan prepared by Hornsby Council dated 16/1/14. The removal of any other trees requires separate approval in accordance with the Tree and Vegetation Chapter 1B.6 Hornsby Development Control Plan (HDCP).

4. Project Arborist

A Project Arborist is to be appointed prior to commencement of any works in accordance with the AS 4970-2009 (1.4.4) and to provide monitoring and certification throughout the demolition and development process.

REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

5. Building Code of Australia

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

6. Contract of Insurance (Residential Building Work)

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

7. Water/Electricity Utility Services

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

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

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

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

8. Accessible Units

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

9. Dilapidation Report

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

10. 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.

11. 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.

12. Waste Management Details

The following waste management requirements must be complied with:

a) The basement bin storage room and chute service room, waste facility for ground floor residents, and the waste collection point on the ground level next to the driveway, are to be as per DA-04 Basement floor plans and DA-05 Ground floor plan dated July 2014.

13. Construction Vehicles

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

14. Construction Traffic Management Plan

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

15. Voluntary Planning Agreement

Pursuant to section 93F of the Environmental Planning and Assessment Act 1979, the applicant must prepare and enter into a Voluntary Planning Agreement (VPA) with Hornsby Shire Council to offset the loss of Blue Gum High Forest (BGHF) under Council’s Green Offset Code (2012). The terms of the VPA must include but not be limited to the following:

a) The Applicant must pay Council a monetary contribution of $47,049 towards the replacement of 408.9m² of BGHF lost from the site as result of the development.

b) The Applicant agrees to pay all costs (including Council’s costs) associated with the preparation, public notification, legal costs and administration costs of the VPA.

16. 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	$31,296.40
Open Space and Recreation	$547,384.65
Community Facilities	$76,326.05
Plan Preparation and Administration	$2,250.30
TOTAL	$657,257.40

being for 10 x 1 bedroom units, 32 x 2 bedroom units, 6 x 3 bedroom units and including a credit for 4 existing allotments.

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.

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

17. Tree Protection Barriers

Tree protection fencing must be erected around trees numbered 5, 8, 9, 10 and 11 to be retained at the measured TPZ as outlined in AS4970 (2009) ‘Protection of Trees on Development Sites. The tree fencing must be constructed of 1.8 metre ‘cyclone chainmesh fence’.

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) prior to commencement of 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.

REQUIREMENTS DURING CONSTRUCTION

22. Works Near Trees

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

All works within the measured Tree Protection Zone (TPZ) as outlined in AS4970 - 2009 of any tree 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 methods used to preserve the tree.

Tree sensitive construction techniques as outlined in AS4970 - 2009 such as pier and beam construction and hand excavation are to be undertaken for all works within the TPZ of any trees to be retained.

Excavation for the installation of stormwater services within the measured TPZ shall be carried out using the thrust boring method. Tunnel boring shall be carried out at least 1 metre beneath natural ground surface at the trees to minimise damage and fill required within the trees root system.

No tree roots of 30mm or greater in diameter located within the measured TPZ, shall be severed or injured in the process of any site works during the construction period. Tree roots between 10mm and 30mm diameter, severed during excavation, shall be cut cleanly by hand.

A qualified and experienced arborist is to be on-site overseeing the work to ensure that the roots are cut cleanly and that the works will not adversely affect the longevity of trees.

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

23. Construction Work Hours

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

24. Demolition

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

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

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

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.

25. Landfill

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

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

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

26. Excavated Material

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

27. Survey Report – Finished Floor Level

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

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

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

28. 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).

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

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

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

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

29. Maintain Canopy Cover

To maintain canopy cover, the submitted Landscape Plan prepared by Formed Gardens Pty Ltd – Issue E dated June 2014 must be adhered to.

30. Fulfilment of BASIX Commitments

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

31. Sydney Water – s73 Certificate

An s73 Certificate must be obtained from Sydney Water.

32. Stormwater Drainage

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

a) Connected to an existing Council piped drainage system via an onsite detention system.

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

c) Be designed by a qualified Hydraulic Engineer.

33. Onsite Detention System

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

a) Storage capacity to accommodate volume from up to 20 years ARI (average recurrence interval) storms 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 are to be shown in construction certificate plan.

34. Boundary Fencing

Fencing must be erected at the sole cost of the applicant, along the western side and rear property boundaries behind the front building alignment to a height of 1.8m.

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

35. Privacy

To ensure adequate provision of privacy is maintained the following is required:

a) 1.8m high movable privacy screens are to be erected along the northern and western sides of the balconies fronting the living rooms of units 108, 208, 308 and 406 as marked in red on the approved plans.

b) Suitable landscape screening is to be provided in front of the balcony serving Unit 108 to maintain privacy for residents from the communal open space area.

36. Vehicular Crossing

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

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

b) The footway area must be restored by turfing;

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

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

37. 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;

38. Road Works

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

a) The existing concrete footpath and kerb and gutter along the frontage of the development are to be replaced. The nature strip on both sides of the footpath shall be repaired, top soiled and turfed. The existing road pavement to be saw cut a minimum of 300 mm from the existing edge of the gutter reconstructed.

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

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

39. 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.

40. 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.

41. 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.

42. Damage to Council Assets

Any damage caused to Council’s assets as a result of the construction of the development must be rectified in accordance with Council’s Civil Works Specifications. Council’s Restorations Supervision must be notified for a formwork inspection prior to pouring concrete.

43. Planter Boxes/On Slab Planting

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

44. Tree Planting

Reduce / substitute with smaller trees capable of reaching 10 metres at maturity the number of large tree species to side and rear boundaries so that a maximum of 2 of the proposed specimens of Eucalyptus saligna and E. pilularis occur on each of those boundaries.

45. Completion of Landscaping

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

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

46. 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.

47. Waste Management Details

The following waste management requirements must be complied with:

a) The garbage 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 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 different levels are acceptable

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

48. 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.

49. Unit Numbering

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

50. Safety and Security

The site must include the following elements:

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

b) 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.

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

d) Security gate access is to be provided to the car parking area allowing residents-only access to private car spaces.

e) The communal open space, at the rear and north of the site must be illuminated with high luminance by motion sensor lighting.

f) The driveway and basement car park must be illuminated with low luminance at all times.

g) Security deadlocks are to be provided to each apartment door.

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

OPERATIONAL CONDITIONS

51. 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.

52. Car Parking

All car parking must be constructed and operated in accordance with Australian Standard AS/NZS 2890.1:2004 – Off-street car parking and Australian Standard AS 2890.2:2002 – Off-street commercial vehicle facilities.

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

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

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

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

53. Sight Distance

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

54. Residential Parking Spaces

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

55. Visitors Access

Visitors must be able to access the visitor parking spaces in the basement car park at all times.

56. Disabled Parking

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

57. Bicycle Parking

A total of 15 bicycle spaces are to be provided within the basement level. Bicycle parking spaces are to be designed in accordance with AS 2890.3-1993.

58. Motorcycle Parking

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

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 that all residents are informed of the use of the waste management system.

60. Provision for SRV to Park On-Site

Provision is to be made for a SRV to park on-site. For this case a reverse in or reverse out manoeuvre from the proposed development is acceptable.

61. 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).

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.

- 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/Unit Numbering

House/Unit 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. PL60/14

Planning Division

Date of Meeting: 13/08/2014

7 DEVELOPMENT APPLICATION - FIVE STOREY RESIDENTIAL FLAT DEVELOPMENT COMPRISING 91 UNITS - 35-39 BALMORAL STREET, WAITARA

EXECUTIVE SUMMARY

DA No:	DA/1062/2013 (Lodged 2 October 2013)
Description:	Demolition of existing structures and the erection of 4 x five storey residential flat buildings comprising 91 units with basement car parking.
Property:	Lots 181 and 182 DP 1075672 and Lots 16 and17 DP6852, Nos. 35, 35A, 37 and 39 Balmoral Street, Waitara
Applicant:	Hewlett Property P/L C/O Mr Ben Hewlett
Owners:	Mr P. and Mrs C. Bonner, Mr L. Petraglia, Mr D. Perigo, Mr C. Saggar and Ms V. Saggar
Estimated Value:	$16,732,825
Ward:	B

· The application proposes demolition of existing structures and the erection of 4 x five storey residential flat Buildings comprising 91 units with basement car parking.

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

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

· It is recommended that the application be approved.

RECOMMENDATION

THAT Development Application No. DA/1062/2013 for demolition of existing structures and the erection of 4 x five storey residential flat buildings comprising 91 units with basement car parking at Nos. 35, 35A, 37 and 39 Balmoral Street, Waitara be approved subject to the conditions of consent detailed in Schedule 1 of Group Manager’s Report No. PL60/14.

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.

On 2 October 2013, DA/1062/2013 at Nos. 37-39 Balmoral Street, Waitara was lodged with Council for the demolition of existing structures and the erection of a five storey residential flat building comprising 53 units and basement car parking.

On 20 February 2014, amended plans were submitted to include the amalgamation of Nos. 35 and 35A Balmoral Street to DA/1062/2013 at Nos. 37-39 Balmoral Street. The amended application is for the demolition of existing structures and the erection of 4 x five storey residential flat buildings comprising 91 units and basement car parking.

SITE

The site comprises four allotments, Nos. 35, 35A, 37 and 39 Balmoral Street and is located on the western side of the street, 180m south of the intersection of Edgeworth David Avenue and Balmoral Street. The site is regular in shape with a total area of 4043m² and frontage of 60.375m to the street. The site has an average downward slope of 3% to the western rear boundary. A drainage easement with a brick culvert transverses along the southern property boundary.

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

The allotments contain a number of exotic and locally indigenous trees. Eight significant trees exist on the site or within neighbouring properties. Five of these trees are located within the nature strip on Balmoral Street.

The site forms part of a precinct which is undergoing redevelopment. The surrounding developments include single and two storey residential dwellings. Development applications for five storey residential flat buildings have been approved on a number of sites fronting Balmoral Street including DA/1369/2012 at Nos. 9-15 Balmoral Street.

The site is located approximately 400m from Waitara Railway Station, 300m from a bus stop and approximately 1km to the east of the Hornsby Town Centre.

PROPOSAL

The proposal involves the demolition of existing structures within the site and construction of 4 x five storey residential flat buildings comprising 91 units with two levels of basement car parking.

The unit mix would comprise of 29 x 1 bedroom, 54 x 2 bedroom and 8 x 3 bedroom units. The units would be accessed via a lift centrally located in each building and would include balconies fronting the street, rear and side property boundaries.

The development would be accessed from Balmoral Street via a driveway located along the southern boundary of the site. A separate pedestrian entry centrally located at the front of the property would provide access to all levels from the foyers in all four buildings via a landscaped pathway. A total of 100 car parking spaces, including 13 visitors’ parking spaces are proposed in two basement levels.

A Council owned drainage easement runs along the southern property boundary which connects to the drainage system in Park Avenue. Upgrade works are proposed to the system as part of this application. The site would drain to the rear with a below ground detention tank proposed at the south western corner of the site.

ASSESSMENT

1. STRATEGIC CONTEXT

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

Within the North Subregion, the Draft Metropolitan Strategy proposes:

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

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

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

The proposed development would be consistent with the Metropolitan Plan for Sydney 2031 by providing 87 additional dwellings and would contribute to housing choice in the locality.

2. STATUTORY CONTROLS

2.1 Hornsby Shire Local Environmental Plan 1994

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

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

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

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

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

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

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

Clause 18 of the HSLEP prescribes that Council must take into consideration the likely effect of the proposed development on the heritage significance of a heritage item and its setting, and on the heritage significance of a heritage conservation area, archaeological site or potential archaeological site when determining an application for consent to carry out development on land in its vicinity.

The site is within the vicinity of heritage items at Nos. 28-36 Balmoral Street (Gardens), No. 52 Balmoral Street (Garden Trees), No. 56 Balmoral Street (House). These heritage listed items are located on the eastern side of Balmoral Street and are not within the Balmoral Street, Waitara Housing Strategy Precinct. Council’s heritage assessment is that the proposal would not adversely affect the heritage significance or landscape setting of the nearby heritage items should it incorporate a suitable landscaped setting and comply with Hornsby Council’s desired built form, siting and design quality requirements for a 5 storey residential flat building. Accordingly, no objections are raised to the proposal on heritage grounds.

2.2 Hornsby Local Environmental Plan 2013

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

2.2.1 Zoning

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

2.2.2 Height of Building

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

The site has been used for residential purposes and is unlikely to be contaminated. No further assessment is considered necessary in this regard.

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

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

The applicant has submitted a “Design Verification Statement” prepared by a qualified Architect stating how the proposed development achieves the design principles of SEPP 65. The design principles of SEPP 65 and the submitted design verification statement are addressed below.

2.4.1 Principle 1 – Context

Design Principle 1 is as follows:

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

The subject site is located within a precinct zoned for five storey residential flat buildings in close proximity to retails shops located at Edgeworth David Avenue and Hornsby Westfield Shopping Centre. The desired future character of the area, as outlined in Council’s Housing Strategy Development Control Plan, is that of a high density residential precinct incorporating five storey developments in garden settings with parking in basements.

The applicant’s ‘Design Verification Statement’ indicates that the proposal responds to the desired future character of the precinct as envisaged by Council. Once the development of the precinct is completed, the proposal would integrate with the surrounding sites and would be in keeping with the desired urban form. It is considered that the proposed building would contribute to the identity and future character of the precinct.

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

2.4.2 Principle 2 – Scale

Design Principle 2 is as follows:

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

The scale of the development is in accordance with the required building height and setbacks for the precinct and the architectural composition of four residential flat buildings of approximately 22m in building length. The buildings are separated by at least 6m wide deep soil landscaping. The scale of the development is considered appropriate for the site and is consistent with the desired future character of the precinct.

2.4.3 Principle 3 – Built Form

Design Principle 3 is as follows:

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

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

The proposed buildings are well-articulated on the north, south east and west external elevations with recessed walls, balcony projections and the appropriate use of materials and finishes. Flat roof forms have been adopted for each building with an increased top storey setback on the external facades to minimise bulk and height of the building and to mitigate amenity impacts to adjoining properties. The proposal complies with the built form principle of SEPP 65.

2.4.4 Principle 4 – Density

Design Principle 4 is as follows:

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

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

2.4.5 Principle 5 – Resource, Energy and Water Efficiency

Design Principle 5 is as follows:

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

2.4.6 Principle 6 – Landscape

Design Principle 6 is as follows:

The application includes a landscape concept plan which provides landscaping along the street frontage, side and rear boundaries and includes landscaping between the four residential flat buildings. There are five significant trees located on the nature strip, two significant trees centrally located at the rear of the site and one significant tree on the adjoining western property. The proposal would retain the significant trees, wherever possible, with appropriate setbacks. Additionally, large trees are proposed along the street frontage intercepted by shrubs and hedges which would soften the appearance of the development when viewed from the street. Deep soil zones that incorporate large canopy trees are provided around the building envelopes which would enhance the development’s natural environmental performance and provide an appropriate landscaped setting.

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

2.4.7 Principle 7 – Amenity

Design Principle 7 is as follows:

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

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.

2.4.8 Principle 8 – Safety and Security

Design Principle 8 is as follows:

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

The proposal includes an assessment of the development against crime prevention controls in the Design Verification Statement and the Statement of Environmental Effects. The Statement of Environmental Effects has regard to Crime Prevention Through Environmental Design Principles (CPTED) and includes details of surveillance, access/egress control, territorial reinforcement and space management such as artificial lighting in public places, landscaping to maintain clear sight lines, security coded door lock or swipe card entry, physical barriers to attract, channel or restrict the movement of people, security gate access to basement car park; intercom access for pedestrians; design with clear transitions and boundaries between public and private space, through gates and enclosures and security cameras located at the entrance of each building.

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

2.4.9 Principle 9 – Social Dimensions and Housing Affordability

Design Principle 9 is as follows:

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

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

The site is located approximately 400m from Waitara Railway Station and approximately 1km from the Hornsby Town Centre, which contains Westfield Shopping Centre. A small shopping centre is located on Edgeworth David Avenue, approximately 200m north of the site. The location of the site allows direct access to retail, educational, health and recreational facilities. The proposed development includes a mix of dwelling types and sizes which complies with the requirement within the RFDC to improve housing choice in the locality. In this regard, the development is considered acceptable in terms of social dimensions.

2.4.10 Principle 10 – Aesthetics

Design Principle 10 is as follows:

The applicant submitted a statement which includes the following comment:

“The proposal creates a well-mannered building with materials and details that are an integral part of the aesthetic. It faithfully interprets the future desired character outlined in Council’s DCP and reduces the scale of the proposal with the articulated layering to the street façade. It also divides the street façade into modules with the use of taller balcony steel portals in the centre of the site with a lower module on the edges achieving a reduced scale edge. The upper setbacks and the distinct indentation are integrated into the form to create a layered façade which is then reinforced with a careful restrained selection of materials.”

The “articulated layered” architectural treatment of the building is general consistent with the design principles contained within the Residential Flat Design Code and Council’s Housing Strategy Development Control Plan. The aesthetic quality of the building would contribute to the desired future character of the precinct. The details of the assessment of the built form and the aesthetics of the development are contained in Section 2.12 of this report.

2.5 SEPP 65 – Residential Flat Design Code

Residential Flat Design Code
Control	Proposal	Requirement	Compliance
Deep Soil Zone	30%	Min 25%	Yes
Communal Open Space	30%	25-30%	Yes
Ground Level Private Open Space	<25m² (Units A104,105, B101-B105, C101, C102, D101-104) Min Dimension <4m (for all Units)	25m² Min Dimension 4m	No No
Minimum Dwelling Size	1 br – 52m² 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	2m	2m	Yes
Ceiling Heights - Residential Floors	2.7m	2.7m (Min)	Yes
Total Storage Area	1 br – > 50% x 6m³ + basement storage 2 br - > 50% x 8m³+ basement storage 3 br - > 50% x 10m³+ basement storage 50% accessible from the apartments 348m³ (total basement storage area)	6m³ (Min) 8m³(Min) 10 m³ (Min) 50% accessible from the apartments Basement storage area required = 343m³	Yes Yes Yes Yes Yes
Dual Aspect & Cross Ventilation	65%	60%	Yes
Adaptable Housing	31%	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.

2.5.1 Building Separation

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

Additionally, corner units on the northern and southern facades of the buildings encroach within this requirement by 1m. The matter is also discussed in Section 2.12 of this report.

2.5.2 Ground Floor Apartments and Private Open Space

The proposal does not comply with the Code’s best practice for the 4 metre minimum width dimension for ground floor open spaces. However, the proposed ground floor open space areas are appropriate for the respective ground floor units in respect to dwelling size, aspect, unit configuration and amenity with a number of private yards proposed at the rear of the development.

Furthermore, the private open space areas have been designed in accordance with the requirements of Council’s Housing Strategy Development Control Plan. The DCP 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 landscape setting to the development. As such, the numerical non-compliance is considered minor and is acceptable.

2.5.3 Apartment Layout

The proposed architectural composition of four separate buildings includes a mix of single aspect and corner units including one, two and three bedroom apartments. The majority of units would be well ventilated and all units would be provided with balconies that permit direct access from living areas that comply with the required private open space areas and minimum depth requirements of the RFDC.

2.5.4 Internal Circulation

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

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

2.5.5 Acoustic Privacy

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

2.5.6 Storage

The storage areas are provided within the apartments and additional storage is provided within the basement levels. Whilst storage cages within the basement are not yet designated to each unit, the total storage area within the basement levels exceed 50% of the storage areas required for 29 x 1 bedroom units, 54 x 2 bedroom units and 8 x 3 bedroom units which complies with the RFDC.

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

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

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

2.8 State Environmental Planning Policy (Infrastructure) 2007

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

As the proposed residential flat building does not front a road which connects to a classified road within 90m, the development is not classified as a Traffic Generating Development in accordance with Clause 104 and Schedule 3 of SEPP (Infrastructure). Therefore, referral of the application to the Roads and Maritime Services is not required.

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

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

The proposal includes details of soil and water management during construction works. A condition is recommended with respect to installation of sediment and erosion control measures prior to, and during, construction.

The proposed development would have minimal potential to impact on the Hawkesbury-Nepean Rivers Catchment subject to the implementation of recommended conditions.

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

2.11 Hornsby Development Control Plan 2013

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

The following sections of this report include a detailed assessment of the proposal against Council’s DCP controls that were in force at the time the application was lodged. The HDCP is generally a transition of Council’s existing DCPs, into a consolidation Plan. Notwithstanding, it is noted that the following controls are inconsistent with the existing DCP requirements and a brief discussion of the HDCP requirements is provided below:

2.11.1 Setbacks

The proposed development includes encroachments within 4m of the side setbacks for more than 1/3 of the building length. The northern side boundary for Building A and B and the southern side boundary for Building C and D are inconsistent with the side boundary setback requirements of the HDCP in that ½ of the building length (an additional 2m in length) is within 4m of the side setbacks.

The northern side of the site adjoins a child care centre with an outdoor recreational space located at the western rear of the site, and extends approximately 18m from the rear property boundary. The 2m building length encroachments within 4m of the northern side setback include balconies that are primarily oriented to the rear or front of the site with full height louvres or opaque glass screens attached to the sides to mitigate privacy impacts to the adjoining properties. Accordingly, the non-compliance would not impact on the achievement of daylight access and visual privacy.

The southern boundary of the site adjoins single and two storey dwellings, which would be the subject of a future development application for 5 storey residential flat building(s). The 2m building length encroachments within 4m of the southern side setback lies within the south-western corner balconies and bedroom walls of each building. All bedroom windows within this encroachment are either highlight windows or narrow 600mm wide windows that would pose minimal overlooking impacts to the southern adjoining property. The south western corner balcony of levels 1 to 3 and 5 of Building C are primarily oriented to the rear of the site with full height louvres or opaque glass screens attached to the side to mitigate privacy impacts to the adjoining southern property. Unit C403 on Level 4 does not provide any privacy screens on the southern facade. To ensure adequate privacy is provided, a condition is recommended that a 1.8m high movable privacy screen or opaque glass screen is required to be attached to the southern side of Unit C403. The ground floor south western corner balconies of Building D are also within 4m of the southern side setback. However, a 1.8m side boundary fence would be required along the southern side boundary which would mitigate overlooking impacts to the adjoining southern property. Subject to conditions, the non-compliances would not impact on the achievement of daylight access, visual privacy, and acoustic privacy.

Accordingly, the application is assessed as satisfactory with regard to the setback requirements of the HDCP.

2.11.2 Building Form and Separation

The required minimum separation between buildings on large sites is increased from 6m to 9m under the HDCP. The proposed development does not comply with this requirement in that the building separation between Buildings A and C and B and D is between 6m – 9m and the building separation between Buildings A and B and C and D is 6m. However, where the buildings are separated by less than 9m, the facades incorporate highlight windows which serve bedrooms, narrow, louvred windows serving kitchens between Buildings A and B and C and D and privacy screens off balconies which would ameliorate overlooking impacts. Additionally, the buildings each have a maximum floor plate of 22m and are separated by garden areas incorporating deep soil landscaping and large canopy trees.

The proposed building separation is in accordance with Council’s Housing Strategy Development Control Plan and is discussed under Section 2.12 of this report.

2.11.3 Vehicle Access and Parking

The HDCP includes revised car parking requirements with regard to proximity to a railway station and provision for motor cycle parking. In this regard, the proposed car parking would exceed the required spaces for residents and visitor spaces and provide adequate spaces for bicycles and motorcycles.

2.12 Housing Strategy Development Control Plan

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

Housing Strategy Development Control Plan
Control	Proposal	Requirement	Compliance
Site Width	60.375	30m	Yes
Height	5 storeys – 17.5m	5 storeys – 17.5m	Yes
Lowest Residential Floor Above Ground	<1.5m	Max - 1.5m	Yes
Maximum Floorplate Dimension	Building A - 22m Building B –22m Building C – 22m Building D – 22m	35m 35m 35m 35m	Yes Yes Yes Yes
Indent	N/A as maximum dimension for all buildings are <25m	N/A	N/A
Front Setback (Balmoral Street)	Building B - 10m 8m (for 7m length) < 1/3 frontage 7m (balconies) Building D 10m 8m (for 7m length) < 1/3 frontage 7m (balconies)	10m 8m < 1/3 of frontage (7.7m) 7m (balconies) 10m 8m < 1/3 of frontage (7.7m) 7m (balconies)	Yes Yes Yes Yes
Rear Setback	Building A - 10m 8m (for 7m length) < 1/3 frontage 7m (balconies) Building C 10m 8m (for 7m length) < 1/3 frontage 7m (balconies)	10m 8m < 1/3 of frontage (7.7m) 7m (balconies) 10m 8m < 1/3 of frontage (7.7m) 7m (balconies)	Yes Yes Yes Yes
Northern Side Setback	Building A - 6m 4m (for 9.5m length) > 1/3 frontage 4m (balconies) Building B - 6m 4m (for 9.5m length) > 1/3 frontage 4m (balconies)	6m 4m < 1/3 frontage (7.7m) 4m (balconies) 6m 4m < 1/3 frontage (7.7m) 4m (balconies)	Yes No Yes Yes No Yes
Southern Side Setback	Building C 6m 4m (for 9.5m length) > 1/3 frontage 4m (balconies) Building D - 7m -9.5m 4m (for 9.5m length) > 1/3 frontage 4m (balconies)	6m 4m < 1/3 frontage(7.5m) 4m(balconies) 6m 4m < 1/3 frontage(7.5m) 4m(balconies)	Yes No Yes Yes No Yes
Setbacks between adjoining buildings on large sites	Between Building A & C = 6m – 9m Between Building B & D = 6m – 9m Between A & B = 6m Between C & D = 6m	6m 6m 6m 6m	Yes Yes Yes Yes
Top Storey Setback From Ground Floor	<3m to internal elevations facing buildings within site	3m additional	No
Underground Parking Setback	7m front and rear 4m – 6m sides	7m front and rear 4m sides	Yes Yes
Basement Ramp Setback	4m	2m	Yes
Parking	100 resident spaces 13 visitor spaces 19 bicycle racks 9 visitor bicycle racks	88 resident spaces 13 visitor spaces 19 bicycle racks 9 visitor bicycle racks	Yes Yes Yes Yes
Landscaped areas	Front and rear - 7m wide Sides – 4m wide	7m wide 4m wide	Yes Yes
Deep Soil Landscaping	7m front 7m rear 4m sides Between Building A & C = 6m – 9m Between Building B & D = 6m – 9m Between A & B = 6m Between C & D = 6m	7m front 7m rear 4m sides 6m sides 6m sides 6m sides 6m sides	Yes Yes Yes Yes Yes Yes Yes
Private Open Space with Min Width 2.5m	1 br units - 10m²(min) 2 br units - 12m²(min) 3 br units - >16m²(min)	1 br units 10m² (min) 2 br units 12m² (min) 3 br units 16m² (min)	Yes Yes Yes
Communal Open Space with minimum dimension 2.5m	30%	25%	Yes
Solar Access	71%	70%	Yes
Housing Choice	1 br unit – 32% 2 br unit – 59 % 3 br unit - 9%	10% of each type (min) 10% of each type (min) 10% of each type (min)	Yes Yes No
Adaptable Units	31%	30%	Yes

As detailed in the above table, the proposed development does not comply with the prescriptive measures within Council’s Housing Strategy DCP regarding setback encroachments from side boundaries and for the stepping back of the top level. The matters of non-compliance are detailed below, as well as a brief discussion regarding the desired outcomes and the prescriptive measures.

2.12.1 Desired Future Character

The site is included in the Balmoral Street Waitara Precinct which was rezoned from Residential A (Low Density) to Residential C (Medium-High Density) on 2 September 2011 as part of Council’s Housing Strategy.

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

2.12.2 Design Quality – SEPP 65

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

2.12.3 Site Requirements

The Housing Strategy DCP requires sites to have a minimum frontage of 30 metres. The subject site has a frontage of 60.375m to Balmoral Street and complies with this requirement. The original application proposed a five storey residential flat building comprising 53 units on two lots at Nos. 37-39 Balmoral Street, Waitara. Due to the location of a drainage easement that runs along the southern property boundary of No. 35A Balmoral Street, approval of this proposal would have resulted in the isolation of Nos. 35 and 35A Balmoral Street.

On 20 February 2014, amended plans were submitted to include the amalgamation of these two additional lots at Nos. 35 and 35A Balmoral Street to avoid isolation of the sites. As a result, the amended proposal would not result in an isolated site or compromise development in accordance with the Housing Strategy DCP.

2.12.4 Height Requirements

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

2.12.5 Setbacks

As noted in the table above, the proposal complies with the front, rear and setbacks between adjoining buildings on larger site. However, sections of the buildings do not comply with the setback requirements as follows:

Northern Side

The Housing Strategy DCP requires that the minimum side setbacks for all buildings and structures to the side boundaries is 6m, which can be reduced to 4m for a maximum of 1/3 of the building width. Approximately half of the building length of Building A and B (an additional building length of 1.8m for each building), are located at a setback of 4m from the northern property boundary which does not comply with the requirements of the Housing Strategy DCP.

The majority of the primary living areas on the northern side would be setback 6m from the side boundary increasing to 9m at the top level, facilitating a future building separation of 12 – 18m with the adjoining site in accordance with the RFDC and Housing Strategy DCP. Privacy screens and highlight windows are proposed for those sections of the balconies and bedrooms, which would have a setback of 4m from the boundary for up to level 4 and 6m for level 5. The non-compliance with the encroachment to 4m for more than 1/3 of building width is for an additional 1.8m in building length at a reduced setback of 4m for both Building A and B is considered minor as it does not impact on the provision of deep soil planting and privacy impacts for the development.

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

Southern Side

Similarly to the northern side setback, approximately half of the building lengths of Building C and D (an additional 2m in building length) are located at a setback of 4m from the southern boundary which does not comply with the requirements of the Housing Strategy DCP. Privacy screens and highlight windows are proposed for those sections of the balconies and bedrooms, which would have a setback of 4m from the boundary for up to level 4 and 6m for level 5. It is considered that the development complies with the intent of the prescriptive measures which is to provide for landscaping, open space and separation between buildings. The additional non-compliance of 2m in building length would not have a negative visual impact as the non-compliance relates to the side facades and is not visible from the street. As such, the building length that exceeds the requirement by 2m is minor compared to the overall scale of the building.

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

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

Top Storey Setback

The four residential flat buildings incorporate a 3m additional setback for the top storey on all front, rear and side elevations which contribute to the building articulation when viewed from the front, rear and side property boundaries. However, the internal elevations facing buildings within the site do not comply with this requirement. The eastern elevations of Buildings A and C and the western elevations of Buildings B and D do not have an additional setback for the top storey. Half of the southern elevation of Buildings A and B and half of the northern elevation of Buildings C and D do not have an additional setback for the top storey. Notwithstanding, these internal elevations are not prominent when viewed from the public domain. Large canopy trees that reach a mature height of up to 15m are proposed in between buildings B and D, resulting in the non-compliances posing minimal visual amenity impacts when viewed from the street frontage.

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

2.12.6 Landscape

The landscaping provisions of the Housing Strategy DCP prescribes that a 7m wide landscaped area is to be provided at the front and rear and a 4m wide landscaped area is provided along the side boundaries. The proposal complies with this control. A Landscape Plan was submitted with the application. The landscape plan indicating that adequate deep soil landscaping can be provided within the front and rear setback including Corymbia Maculata (Spotted Gums) which grow to a mature height of between 15m-25m. Active recreation spaces of at least 50sqm are provided within the rear setback and the northern side setback, in between Buildings A and B.

The extent of hard stand areas proposed is considered to be minimal, with pathways meandering in between the residential buildings which are located at the main pedestrian entry on Balmoral Street to the lobby entrances for each building. Reasonable provision has been made for deep soil areas in between the buildings to accommodate mature canopy trees such as Waterhousia floribunda (Weeping Lilly Pilly) and Brachychiton acerifolius (Illawarra Flame Tree), which reach a mature height of up to 15m. Provision has also been made to retain the majority of significant trees located on the street frontage and achieve a landscape setting.

2.12.7 Floorplate, Separation and Articulation

Floorplates and Separation

Four residential flat buildings (labelled A, B, C and D) are proposed on this large site, with each building comprising a maximum floorplate of 22m. Buildings A, B, C and D are each separated by a minimum distance of 6m, including an area of deep soil that measures 6m x 6m. Large canopy trees such as Waterhousia floribunda (Weeping Lilly Pilly) and Brachychiton acerifolius (Illawarra Flame Tree) that reach a mature height of 12-15m and smaller trees and shrubs are proposed within this landscaped area. The proposed buildings are limited in width and depth and separated by garden areas and comply with the Housing Strategy DCP.

Articulation

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

· Buildings A, B, C and D have been vertically stepped, two steps being provided on the ground and the fifth storey across 50% of the width of each façade fronting the front, rear and side boundaries, along with four storey high vertical solid panels.

· Facades have been divided into vertical ‘panels’, no wider than 8 metres, except for the internal side elevations (eastern elevation of Buildings A and B and western elevation of Buildings C and D) that directly face residential flat buildings. Whilst the wall lengths are 15m, the façade treatment includes a 9m wide three storey height metal clad wall attached to a one storey high aluminium louvred panels interspersed with highlight windows and an 8m wide, four storey high stonewall plane. These two dominant vertical panels are broken up in the middle by a sheer rise of aluminium louvres and painted masonry slabs. Notwithstanding, these vertical panels are located on facades which are not visually prominent from the public domain. It is considered that the minor non-compliance is acceptable, given the low visibility from the public domain and the architectural treatment of these facades.

· All other facades containing 8m wide vertical panels have been visually separated by indentations and projections across the alignment of the exterior walls, balconies and terraces resulting in an articulated layered effect with contrasting taller balcony steel portal modules with lower modules along the edges to reduce scale edge and the desired articulation.

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

· The building would incorporate neutral colours and a juxtaposition of varied materials and textures.

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

2.12.8 Open Space

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

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

2.12.9 Privacy

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

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

2.12.10 Solar Access

The applicant has submitted solar access diagrams demonstrating compliance of individual units with solar access requirements. As the site is located within a redevelopment precinct, the solar access analysis has taken into account the overshadowing impacts from future five storey developments on adjoining sites. The applicant submits that 65 out of the 91 units (71%) would receive a minimum 2 hours solar access between 9am and 3pm on June 21. Based on Council’s assessment, the proposal would comply with the sunlight access requirements for units under the Housing Strategy DCP and is acceptable in this regard.

The solar access diagrams submitted with the application indicate the overshadowing impacts of the development to adjoining properties at 9am, 12pm and 3pm on June 21. The proposed five storey development would overshadow the existing western adjoining property for 1 hour in the morning at the rear. A proposal for potential five storey development on the western and southern side would need to demonstrate compliance with the solar access and setbacks requirements for five storey developments governed by the RFDC and Council’s Housing Strategy DCP. This would be assessed in a future application.

2.12.11 Housing Choice

The proposed development includes a mix of one, two and three bedroom units and includes adaptable housing units. The proposal complies with the required adaptable housing units and one and two bedroom units. However, only 8 out of 91 units (9%) are three bedroom units which is less than the required 10%. The applicant submits the following planning justification:

“The proposal still provides for a range of unit types, including adaptable units; 1 additional adaptable unit is provided above the 30% requirement; the current market demonstrates that a higher portion of first home buyers are buying 1 and 2 bedroom units because 3 bedroom units exceed first home buyers financial incomes; the constraints of the amalgamation of the two additional sites and generally providing a compliance building setback, has reduced opportunities to increase the size of some units”.

The original proposal sought consent for a five storey development on Nos. 37 and 39 Balmoral Street. However, to prevent the isolation of Nos.35 and 35A Balmoral Street due to the location of a drainage easement on the southern property of No, 35 Balmoral Street, amalgamation to the proposal was sought. Due to the constraints of this amalgamation and the provision of an additional adaptable unit provided above the requirements of the DCP, the minor non-compliance is considered acceptable.

2.12.12 Vehicle Access and Parking

The proposed basement car park is located on two levels and is accessed via a 6.5m wide driveway from Balmoral Street. Council’s Housing Strategy DCP requires 91 resident car spaces and 18 visitor car spaces. The proposal provides 100 residential spaces and 13 visitors spaces, including 11 accessible spaces which results in a shortfall of 5 visitors spaces. Notwithstanding, Council’s HDCP includes revised car parking requirements with regard to proximity to a railway station and provision for motor cycle parking. As the proposal is less than 800m from Waitara Station, the required parking spaces under the new controls would be 88 resident spaces and 13 visitor spaces. In this regard, the proposal exceeds the requirement for residential car spaces and provides sufficient spaces for visitors. The proposal also provides for 19 resident bicycle spaces, 9 visitor bicycle spaces, 3 motorcycle spaces and adequate storage areas in the basement which exceeds the required spaces for the Housing Strategy DCP and HDCP.

The parking provision is in accordance with the minimum number of resident car spaces prescribed by the Housing Strategy DCP and the shortfall of 5 visitor spaces accords with Council’s HDCP and is therefore considered acceptable. The driveway width, ramp gradients and aisle widths are assessed as satisfactory.

2.12.13 Balmoral Street Waitara 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 outcome for the Balmoral Street, Waitara Precinct.

The proposal maintains setbacks generally in accordance with the Housing Strategy DCP retaining significant trees within the street frontage wherever possible. The development would provide for a landscaped setting and a built-form that is consistent with the desired future outcome for the Balmoral Street, Waitara Precinct.

2.13 Waste Minimisation and Management Development Control Plan

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

For Buildings A, B, C and D, a garbage chute and recycling bin is provided in a small room which is accessible by persons with a disability on each level. Buildings A, B and C each have 23 dwellings and would require 2 x 660 litre garbage bins serviced twice weekly plus 5 x 240L recycling bins serviced weekly. Building D contains 22 dwellings and would also require 2 x 660 litre bins serviced twice weekly plus 5 x 240L recycling bins serviced weekly.

The basement bin rooms for Buildings A, B and D are sufficient in size to house the required number of bins. The basement bin room in Building C is too small and is required to be increased in size to 3.8m deep by 2.8m wide. This is recommended as a condition of consent. Volume handling equipment arrangements have not been provided and are recommended as a consent condition. Provision within the basement for an additional 660 litre bin for paper/cardboard recycling to be serviced weekly is also recommended as a consent condition. The basement also includes an area for placement of unwanted bulky items awaiting collection. All bin transfers between the waste facility on each level, the basement bin room and waste collection point are to be carried out by the site caretaker.

The proposal provides a bin collection area of 32.5m² on the northern side of the driveway easily accessible by the waste collection vehicle. A small rigid waste collection vehicle would be able to reverse onto the site and park on the driveway while servicing the bins and then leave the site in a forward direction.

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

2.14 Access and Mobility Development Control Plan

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

The development proposes continuous barrier free access to all floors via a lift. The disabled car spaces within the basement levels are designed to comply with AS2890.6 -2009 Parking facilities – Off street parking for people with a disability.

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

2.15 Car Parking Development Control Plan

The proposed development has been assessed having regard to the relevant performance and prescriptive design requirements contained within Council’s Car Parking Development Control Plan. The matter has been discussed in detail under Section 2.12.12 of this report.

2.16 Sustainable Water Development Control Plan

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

2.17 Heritage Development Control Plan

The proposal complies with Council’s Heritage Development Control Plan. Heritage matters are addressed under Section 2.1 of this report.

2.18 Section 94 Contributions Plans

Hornsby Shire Council Section 94 Development Contributions Plan 2012-2021 applies to the development as it would result in the addition of 87 residential units in lieu of the four existing residences. Accordingly, the requirement for a monetary Section 94 contribution has been recommended as a condition of development consent.

3. ENVIRONMENTAL IMPACTS

3.1 Natural Environment

3.1.1 Trees

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

A number of trees located on the Balmoral Street frontage, at the rear of the site and on adjoining properties satisfy Councils’ criteria of significant trees. These trees include tree numbered 1 Jacaranda mimosifolia (Jacaranda), tree numbered 3 Callistemon viminallis (Bottle Brush), tree numbered 4 Pinus radiate (Monterey Pine), trees numbered 5 and 6 Largerstroemia indica (Crepe Myrtle), tree numbered 22 Ceratopetalum gummiferum (NSW Christmas Bush) and tree numbered 24 Pittosporum undulatum (Sweet Pittosporum).

The application is supported by an Arboricultural Impact Assessment Report that notes the proposal would necessitate the removal of twenty eight trees, however only two of these trees are deemed significant (trees numbered 22 and 24). Tree numbered 24 is assessed as in poor condition and tree numbered 22 is located approximately 10m from the rear property boundary and is within the building footprint of the proposed development.

Council’s assessment of the application in this regard concludes that the proposal is satisfactory subject to the protection of five significant trees (one of which is located on the adjoining property) and replacement tree planting.

A landscape plan has been submitted with the application that includes a range of locally native plant species to achieve canopy trees, a shrub layer and ground covers. The landscaping of the site has been discussed in Section 2.12.6 of this report. Subject to conditions and on-going maintenance of the landscaped areas, the development would achieve a landscape setting and would be acceptable with respect to the natural environment.

3.1.2 Stormwater Management

The development proposes to adopt Council’s “Proposed Stormwater Upgrade Works Plans” which involves the reconstruction of Council storm water drainage easement that runs along the southern property boundary of the site. An Overland Flow Study was submitted with the application. The proposal incorporates the construction of a new culvert with internal dimensions 1.5m wide and 1.2m height. As a flood risk management measure, a free standing wall is also to be constructed along the southern boundary of the easement, adjacent to the proposed site to channel the overland flow along the easement to Park Avenue.

Stormwater from the proposed development would be connected to Council’s drainage system located in Park Avenue via a below ground on-site detention (OSD) system to control the discharge of water from the site.

Council’s engineering assessment concludes that the proposed reconstruction of Council’s drainage easement and the OSD system is satisfactory subject to recommended conditions of consent in Schedule 1.

3.2 Built Environment

3.2.1 Built Form

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

3.2.2 Traffic

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

In the preparation of Council’s Housing Strategy transport modelling was undertaken to determine the traffic impact precincts to be rezoned as part of the Strategy. Traffic modelling and assessment for the Waitara Precinct established that additional traffic that would be generated in the Precinct would not have a significant impact on existing roadway conditions and intersection performance in the area.

The most significant traffic increase is envisaged to occur on arterial routes such as Edgeworth David Avenue. These increases are mainly attributed to anticipated growth and developments in other regions and to a greater extent to the re-distribution effect arising from the growth in through traffic.

The modelling also established that the existing access to Balmoral Street via Edgeworth David Avenue is unsatisfactory during the morning peak period. Council has recently received approval from RMS for the signalisation of the intersection of Edgeworth David Avenue and Balmoral Street. This program is to be funded by the National Blackspot Program with the works likely to be completed before the end of August 2014.

In accordance with the RMS Technical Direction (TDT 2013/14), which updates the Guide to Traffic Generating Developments (October 2002), the proposed development comprising 91 dwellings would generate 17 vehicle trips per hour (vtph) during the morning peak hour and 14 vtph during the evening peak hour.

A Traffic and Parking Impact Assessment has been submitted with the proposal. The report indicates that Balmoral Street is considered a local road and as such has an environmental capacity of 300 vehicles per hour as defined in the RMS Guide to Traffic Generating Developments. Existing volumes are well below this threshold and an additional 13 vehicles per hour during peak periods would have negligible impact on the environmental capacity of the street. The residential amenity of Balmoral Street would not be adversely affected and the road will continue to operate with a local road function, with volumes that are commensurate with this function.

Council’s engineering assessment of the traffic impacts of the development concludes that the proposal is satisfactory.

3.3 Social Impacts

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

3.4 Economic Impacts

4. SITE SUITABILITY

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

5. PUBLIC PARTICIPATION

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

5.1 Community Consultation

The proposed development was placed on public exhibition and was first notified to adjoining and nearby landowners between 17 October 2013 and 7 November 2013 in accordance with Council’s Notification and Exhibition Development Control Plan. During this period, Council received three submissions. However, two of the three submissions were from the owners of Nos. 35 and 35A Balmoral Street. Following the submission of amended plans including the amalgamation of Nos. 35 and 35A Balmoral Street with 37-39 Balmoral Street, the application was renotified to adjoining properties between 6 March 2014 and 20 March 2014. During this period, Council received one submission.

The map below illustrates the location of the nearby landowner who made a submission on the proposal.

NOTIFICATION PLAN

• PROPERTIES NOTIFIED

X SUBMISSIONS

RECEIVED

PROPERTY SUBJECT OF DEVELOPMENT

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

· Overlooking impacts to the adjoining child care centre at No. 41 Balmoral Street;

· Traffic and Safety concerns for children as the proposed vehicular access is in close proximity to the entrance of the child care centre;

· Health risks associated with the demolition of existing dwellings including the air borne pollutants of dust and particles;

· Development that is excessive in bulk and scale and dissatisfaction regarding the rezoning of five storey residential flat development in the precinct due to the resultant impacts of traffic congestion and inadequate street parking and pollution.

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 Overlooking Impacts to Child Care Centre

The proposed development adjoins a single storey child care centre to the north. The overlooking impacts to the open recreational space at the rear of No. 41 Balmoral Street would be predominantly affected by the north western corner of Building A. The northern elevation of Building A includes only highlight windows immediately adjoining the open recreational space. Balconies are screened with opaque glass privacy screens or setback at least 6m from the northern side property boundary. In this regard, minimal overlooking impacts would occur as a result of the proposed development.

5.1.2 Increase in Density Related to the Rezoning of Five Storey Residential Flat Development in the Balmoral Street, Waitara Housing Strategy Precinct

The site has been rezoned to form a part of a high density residential precinct. The proposed density conforms with the development controls within the Housing Strategy DCP. The impacts of the high density zone on the surrounding locality had been considered in detail during the rezoning process. No further assessment in this regard is necessary.

5.1.3 Traffic and Safety

Whilst the proposed development would increase the net traffic generation, the proposed increase in vehicle trips per hour is within the environmental capacity of the local road and the traffic and safety impacts for children and other pedestrians would not be exacerbated when compared to existing conditions.

5.1.4 Health Risks Associated with the Demolition of Structures

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

5.2 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”.

CONCLUSION

The application seeks approval for the demolition of existing structures and construction of four detached, five storey residential flat buildings comprising 91 units and basement car parking.

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

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

Rod Pickles

Manager - Development Assessment

Planning Division

James Farrington

Group Manager

Planning Division

Attachments:

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

File Reference: DA/1062/2013

Document Number: D03358106

SCHEDULE 1

GENERAL CONDITIONS

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

1. Approved Plans and Supporting Documentation

Plan No.	Plan Title	Drawn by	Dated
A102-A	Site Analysis	Mijollo International	7/2/2014
A2.01D	Basement 1 Plan	Mijollo International	1/7/2014
A2.02D	Basement 2 Plan	Mijollo International	1/7/2014
A2.03F	Level 1 (Ground) Floor Plan	Mijollo International	9/7/2014
A2.04C	Level 2 & 3 Floor Plan	Mijollo International	6/5/2014
A2.05C	Level 4 Floor Plan	Mijollo International	6/5/2014
A2.06C	Level 5 Floor Plan	Mijollo International	6/5/2014
A2.07A	Roof Plan/Site Plan	Mijollo International	7/2/2014
A3.01E	Elevation North & South	Mijollo International	7/7/2014
A3.02E	Elevation East & West	Mijollo International	7/7/2014
A4.01E	Section AA BB	Mijollo International	7/7/2014
A4.02D	Section CC	Mijollo International	1/7/2014
A5.01D	Adaptable Unit Plans	Mijollo International	1/7/2014
A310-A	Finishes Materials Board	Mijollo International	7/2/2014
A520-A	Perspectives	Mijollo International	7/2/2014
A504-A	Shadow Analysis 1	Mijollo International	7/2/2014
A505-A	Shadow Analysis 2	Mijollo International	7/2/2014
A506-A	Shadow Analysis East	Mijollo International	7/2/2014
A507-A	Shadow Analysis North	Mijollo International	7/2/2014
A508-A	Shadow Analysis West	Mijollo International	7/2/2014
A509-A	Shadow Analysis South	Mijollo International	7/2/2014
A510-A	Shadow Analysis South	Mijollo International	7/2/2014
A515-A	Potential Neighbour Shadow Diagram	Mijollo International	7/2/2014
LPDA14-229/1 - F	Landscape Plan	Conzept Landscape Architects	July 2014
Council Plan No. 554-38 (Sheet Nos. 00-18)	Survey & Design of Major Stormwater Drainage Works Myra Street to Park Avenue, Wahroonga	Bannister & Hunter P/L	12/4/2014
SWMP-01 Rev P2	Stormwater Plans	TDL Engineering Consulting P/L	21/1/2014

Document Title	Prepared By	Dated
Overland Flow Study Report Rev 3	Donovan & Associates	10/7/2014
Traffic Impact Assessment	Traffix	Checked on 7/7/2014
ABSA Certificate No. 1006096679	ESD Synergy	18/2/2014
Basix Certificate No. 528501M	ESD Synergy	18/2/2014
Basix Assessment Report	ESD Synergy	18/2/2014
Statement of Environmental Effects	Caladines Town Planning P/L	19/2/2014
Arborist Report	Tristan Bradshaw	Amended 6/2/2014
Cost Summary Report	Quantus Solutions	13/2/2014
Access Report	Accessibility Solutions (NSW) P/L	13/2/2014
SEPP 65 Design Verification Statement	Mijollo International	13/2/2014
Waste Management Plan	Unnamed	Received on 7/2/2014

2. Amendment of Plans

The Basement Plan is to be amended as follows:

a) The bin room for Building C is to be increased in size as the other bin rooms (3.8m deep by 2.8m wide).

b) An additional 1 x 660L paper/cardboard recycling bin serviced weekly is to be provided within the basement level.

The Level 1 (Ground Floor) Plan is to be amended as follows:

c) To ensure adequate privacy is provided, a 1.8m high movable privacy screen or opaque glass screen is required to be attached to the southern side of Unit C403.

3. Removal of Existing Trees

This development consent only permits the removal of tree(s) numbered 2 & 7-33 as identified in the Arborist Report prepared by Tristan Bradshaw dated 6/2/14. The removal of any other trees requires separate approval under Council’s Tree Preservation Order.

REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

4. Section 94 Development Contributions

Description	Contribution (4)
Roads	$105,657.25
Open Space and Recreation	$1,032,126.00
Community Facilities	$143,890.60
Plan Preparation and Administration	$4,311.85
TOTAL	$1,285,985.70

being for 29 x 1 bedroom units, 54 x 2 bedroom units, 8 x 3 bedroom units and including a credit for 4 existing allotments.

$C_{PY =}$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.

5. Building Code of Australia

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

6. Contract of Insurance (Residential Building Work)

7. Water/Electricity Utility Services

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

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

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

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

8. Accessible Units

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

9. Dilapidation Report

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

10. Preservation of Survey Infrastructure

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

11. Swept Path Analysis

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

12. Construction Vehicles

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

13. Construction Management Plan

14. Waste Management Details

The following waste management requirements must be complied with:

a) Vehicle turning paths demonstrating that a small rigid vehicle is able to reverse in and forward out of the site (in accordance with AS 2890.2).

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. Tree Protection Barriers

Tree protection fencing must be erected around trees to be retained at the nominated Tree Protection Zones (TPZ) in accordance with Appendix B as per the Arborist Report prepared by Tristan Bradshaw dated 6/2/14.

19. 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

20. Works Near Trees

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

Soil levels within the Tree Root Zone Section HDCP 1B.6.1 (i) of trees to be retained must be remain at existing grade and undisturbed.

The Principal Certifying Authority is to ensure that all works, including sub-surface trenching for stormwater or other services or the filling or stockpiling of building materials, parking of vehicles or plant, the use of machinery other than hand held, disposal of cement slurry, waste water or other contaminants occurs outside the Tree Root Zone as prescribed in the HDCP Section 1B.6.1(i) of any tree to be retained.

21. Construction Work Hours

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

22. Demolition

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

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

23. Landfill

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

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

24. Excavated Material

25. Council Property

26. Disturbance of Existing Site

27. Waste Management Details

a) The identity of the person removing the waste.

b) The waste carrier vehicle registration.

c) Date and time of waste collection.

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

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

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

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

28. Survey Report – Finished Floor Level

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

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

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

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

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

29. Fulfilment of BASIX Commitments

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

30. Sydney Water – s73 Certificate

An s73 Certificate must be obtained from Sydney Water.

31. Damage to Council Assets

32. Boundary Fencing

Fencing must be erected at the sole cost of the applicant, along the northern, southern and western property boundaries behind the front building alignment to a height of 1.8m.

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

33. Stormwater Drainage

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

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

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

c) Be designed by a Chartered Professional Civil/ Hydraulic Engineer of the Institution of Engineers, Australia.

34. Onsite Detention System

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

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

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

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

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

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

35. Overland Flow – Replacement of Existing Stormwater Pipe line, Flood Proofing, Floor Levels

a) The existing Council pipe running through the development site along the southern boundary shall be replaced at the developer’s expense (by the developer) in accordance with Councils Plan No 554-38 and include the following:

i) 71.1m of length of 1.5m (w) * 1.2m (h) RCBC at 0.59% grade

ii) Upstream invert: 172.223m AHD

iii) Downstream invert: 171.800m AHD

iv) Two pits connecting the pipeline, upstream and downstream are to be constructed in accordance with the Council plan No 554-38

v) Overland flow shall be directed to the downstream easement from the development site. Details are to be shown in a construction plan

b) A construction certificate application is to be submitted to Council (Council is the only authority to issue a Construction certificate for works of its assets).

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

d) Floor levels of habitable rooms of the development abutting the 100 year ARI overland flowpath shall be 0.5m above the 100 year ARI flood levels ) and driveway 0.3m to prevent floodwater entering basement parking (at the corresponding point in the flood report by Donovan Associates, E 78957 , Revision A Dated 10 July, 2014.

e) The finished ground level of the overland flowpath shall be in accordance with report, prepared by Donovan Associates, Job No E78437, Revision 3 dated 10 July, 2014.

f) No structure is to be erected within the overland flowpath or drainage easement running through the property to impede flow.

g) Fences across overland flowpath shall be swimming pool type or hinged at 0.5m above the 100 ARI overland flow level.

h) Flood risk management measures, including construction of wall on southern boundary of the development and erection of warning assign are to be implemented in accordance with the report from Donovan Associates, E78957 dated 10 July 2014 Revision 3 and maintained. The top of the wall shall be a minimum 0.5m above the 1 in 100 year ARI flow level.

i) A works as executed plan of the finished ground level of the overland flowpath, flood protection wall and warning signs, prepared by a registered Surveyor is to be submitted to Council.

36. Vehicular Crossing

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

b) The footway area must be restored by turfing;

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

37. Internal Driveway/Vehicular Areas

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

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

b) The driveway be a rigid pavement.

38. Road Works

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

a) Concrete footpath, kerb and gutter along Waitara Avenue along the frontage of the development are to be replaced. The existing road pavement to be saw cut a minimum of 300 mm from the existing edge of the bitumen and reconstructed. The kerb and gutter heights are to be designed and adjoining road carriageway levels adjusted to direct all street stormwater to the drainage line/overland flowpath (no ponding in front of the development).

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

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

39. 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.

40. Works As Executed Plan

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

41. Foundation of Structure within Council’s Stormwater Pipe Zone of Influence

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

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

42. Creation of Easements

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

a) A restriction over the pipeline and the flow path for a 100 year average recurrence interval storm. The "Restriction on the Use of Land" over the affected lots is to prohibit the alteration of the final floodway shape and the erection of any structures, including fencing in the floodway, storage of any material under the cantilevered section of the development (within the flowpath) and no flood warning signs are to be removed without the written permission of Council.

b) The creation of an appropriate “Positive Covenant” to maintain all the warning signs so as to be visible to members of public all the time and the overland flow protection wall along the southern boundary to the levels constructed with the development and flood proofed.

c) 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.

d) 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 onsite 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.

43. Certificate of Preservation of Survey Marks

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

44. Planter Boxes/ On Slab Planting

45. Maintain Canopy Cover

In accordance with Hornsby Shire Council Development Control Plan (HDCP), Chapter 1B.6.1 Tree Preservation. Any tree approved to be removed from a site should be replaced with a tree of like habit and indigenous to Hornsby Shire, planted as near as practicable to the location of the removed tree, grown to maturity and replaced if the planting fails to survive and thrive

The planting location shall not be within four metres (4m) of the foundation walls of a dwelling or in-ground pool.

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

46. 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.

47. Garbage Collection Easement

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.

48. Waste Management Details

The following waste management requirements must be complied with:

a) The bin storage room(s) 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 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.

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

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

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

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

Note: Ramps between different levels are acceptable.

f) Volume handling equipment is to be provided in the bin storage rooms in the basement.

49. External Lighting

50. Unit Numbering

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

51. Safety and Security