Agenda of General Meeting - 12 November 2014

Deputy General Manager's Report No. CS42/14

Corporate Support Division

Date of Meeting: 12/11/2014

6 LOCAL GOVERNMENT REFORM - NSW GOVERNMENT'S "FIT FOR THE FUTURE" ANNOUNCEMENTS

EXECUTIVE SUMMARY

· In March 2014, Council made submissions to the NSW Government in respect of the local government reform recommendations of the Independent Local Government Review Panel (ILGRP) and the Local Government Acts Taskforce (LGAT). In September 2014, the Government released its responses to the ILGRP and LGAT recommendations under the banner Fit for the Future. The responses were mostly consistent with Council’s submissions.

· The Government has indicated that a Fit for the Future council in NSW will be sustainable; efficient; effectively manage infrastructure and deliver services for communities; and have the scale and capacity to engage effectively across community, industry and government. By being Fit for the Future, councils will have access to a streamlined IPART process for rate increases; access to a TCorp borrowing facility; priority access to other State funding and grants; and be eligible for additional devolved planning powers.

· Stage 1 of the Fit for the Future process will see councils use a self-assessment tool to review their current performance against defined criteria. Based on these results, councils will progress to Stage 2 to prepare a roadmap demonstrating how they will become Fit for the Future. In Stage 3 an expert panel will review each council’s roadmap. If approved, councils will move to Stage 4 and implement their roadmaps and take advantage of available benefits.

· The Government’s recommendation for Hornsby is that it voluntarily merge with Ku-ring-gai Council to form a new local government area with a population of approximately 280,000. The Councils would be eligible for funded support from the Government to investigate reform opportunities and, if a merger was approved to take place, the new local government area would be eligible for at least $10.5 million from the Government to implement the merger.

· It is important for Council to fully engage in the next stage of the process with the Government and with its neighbouring councils before developing a joint or single Fit for the Future roadmap submission. In this regard, Council should undertake the self-assessment exercise as well as continuing discussions with Ku-ring-gai Council (and other neighbouring councils as appropriate) to explore Fit for the Future reform opportunities.

RECOMMENDATION

THAT prior to developing its Fit for the Future roadmap submission, Council undertake the self-assessment exercise required by the NSW Government and continue to engage with Ku-ring-gai Council (and other neighbouring councils as appropriate) to explore relevant opportunities for local government reform as outlined in the NSW Government’s Fit for the Future program.

PURPOSE

The purpose of this Report is to advise Council of the NSW Government’s recent announcements about local government reform initiatives under the Fit for the Future banner and to table a response received from Ku-ring-gai Council about its reaction to the KPMG report which was commissioned by Hornsby Council earlier this year to advise Council about local government reform options in northern Sydney.

BACKGROUND

At the 12 March 2014 General Meeting, Council considered Deputy General Manager’s Report No. CS5/14 – Independent Local Government Review Panel – Final Report – “Revitalising Local Government” – and resolved:

THAT responses to the Independent Local Government Review Panel’s recommendations, as detailed in Deputy General Manager’s Report No. CS5/14, form the basis of a submission to the NSW Government.

Also at the 12 March 2014 General Meeting, Council considered Deputy General Manager’s Report No. CS6/14 – Local Government Acts Taskforce – Final Report – “A New Local Government Act for New South Wales and Review of the City of Sydney Act 1988” – and resolved:

THAT responses to the Local Government Acts Taskforce recommendations, as detailed in Deputy General Manager’s Report No. CS6/14, form the basis of a submission to the NSW Government.

Following the 12 March 2014 General Meeting, the General Manager forwarded Council’s submissions about the Panel’s and Taskforce’s recommendations to the Office of Local Government and copies of the submissions were placed on Council’s website under the Local Government Reform tab.

At the 11 June 2014 General Meeting, Council considered Deputy General Manager’s Report No. CS13/14 – Analysis of Local Government Reform Options in the Northern Sydney Area – Report Prepared by KPMG – and resolved that:

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

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

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

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

Following the Meeting, KPMG’s report was placed on Council’s website under the Local Government Reform tab; the Mayor provided a copy of the report to the Minister for Local Government and encouraged the NSW Government to commence reform of the local government industry; and the General Manager provided a copy of the report to the General Managers of The Hills and Ku-ring-gai Councils asking those Councils to provide any comments they may have on the reform options outlined in KPMG’s report.

DISCUSSION

NSW Government’s Response to Independent Local Government Review Panel (ILGRP) and Local Governments Acts Taskforce (LGAT) Recommendations

On 10 September 2014, the NSW Government released its responses to the ILGRP and LGAT recommendations contained in their respective reports from 2013 titled “Revitalising Local Government” and “A New Local Government Act for New South Wales and Review of the Sydney of City Act 1988”. A copy of the Government’s responses to the recommendations from the ILGRP and LGAT reports is held in TRIM (refer Document No. D03932915) and is also available on the NSW Government’s website www.fitforthefuture.nsw.gov.au. The Government’s responses are in line with Council’s responses to the same recommendations.

The Government has stated that more than one-third of the State’s councils are facing financial problems, infrastructure backlogs are overwhelming, many of our growing suburbs are being constrained by boundaries that date back to the horse and cart days, and councils are missing out on opportunities to take a more active role in regional and State planning because they lack the scale and structures to engage. The work of the ILGRP and the NSW Treasury Corporation (TCorp) has helped the Government to build a clearer picture of what they believe a sustainable council looks like.

Based on the above, the Government has released a number of publications which outline in more detail how they intend to move down the local government reform path under the banner Fit for the Future. The publications include the following:

· Fit for the Future – A Roadmap for Stronger, Smarter Councils

· Fit for the Future – A Blueprint for the Future of Local Government

· Fit for the Future – Frequently Asked Questions.

Copies of the documents are held in TRIM (refer Document Nos D03932917, D03932936 and D03932939 respectively) and are also available on www.fitforthefuture.nsw.gov.au.

Fit for the Future Councils

The Government has indicated that, in its view, a Fit for the Future council will have the following features which will ensure that the council has the strategic capacity to govern effectively and partner with industry and the Government to deliver key priorities:

· it will be sustainable

· it will be efficient

· it will effectively manage infrastructure and deliver services for communities

· it will have the scale and capacity to engage effectively across community, industry and government.

Financial Sustainability

For councils to meet the service and infrastructure needs of their communities, they will need to be financially sustainable. TCorp has defined a sustainable council as one that, over the long term, is able to generate sufficient funds to provide the level and scope of services and infrastructure, agreed with the community through the Integrated Planning and Reporting (IP&R) process.

The criteria proposed to be used by the Government to determine if a council is Fit for the Future in terms of financial sustainability are:

· Operating Performance Ratio – a score greater than or equal to break-even averaged over a three year period is required

· Own Source Revenue Ratio – a score greater than 60% of total operating revenue is required

· Building and Infrastructure Asset Renewal Ratio – a score greater than 1 averaged over a three year period is required.

Infrastructure and Services

In respect of effectively managing infrastructure and services, a Fit for the Future council will be one that:

· knows the current and future infrastructure needs of the community

· develops, maintains and renews infrastructure using the right mix of revenue and borrowing

· works with others to deliver cost effective services

· delivers services and infrastructure that meets the needs of communities as identified through the IP&R reporting process

· delivers services and infrastructure on time and on budget.

The criteria proposed to be used by the Government to determine if a council is Fit for the Future in terms of infrastructure and services management are:

· Infrastructure Backlog Ratio – a score less than 2% is required

· Asset Maintenance Ratio – a score greater than 1 is required

· Debt Service Ratio – a score greater than 0% and less than 20% is required.

Efficiency

The Government has indicated that an efficient Fit for the Future council will be able to:

· minimise unnecessary burden on business and the community

· provide value for money to the community

· manage resources well to deliver services and infrastructure.

The criteria proposed to be used by the Government to determine if a council is Fit for the Future in terms of efficiency is:

· Movement in Real Operating Expenditure per Capita over a five year period.

Scale and Capacity

The Government believes that scale is a key component of strategic capacity – both in creating individual councils with the resources and skills to provide leadership on regional planning and to advocate on behalf of communities by creating a system of local government where State and Local Government can work together effectively. As a consequence, a Fit for the Future council will be one that:

· saves money on bureaucracy and administration, freeing up funds for frontline services and community facilities

· can contribute to projects and tackle issues that impact on its residents and extend beyond the council boundary

· has credibility and influence across councils, across government and with industry.

The criteria proposed to be used by the Government to determine if a council is Fit for the Future in terms of scale and capacity is:

· whether the scale and capacity of the local government area being assessed is consistent with the recommendations of the ILGRP.

Benefits of Being a Fit for the Future Council

The Government believes that councils who have made the changes necessary to become Fit for the Future will have the capacity, strength, expertise and credibility to help shape the future of NSW. In recognition of that, the Government has indicated that it will give Fit for the Future councils:

· access to a streamlined IPART process for rate increases above the rate pegging limit, particularly focused on infrastructure funding needs, making it easier for councils to increase rates to fund services and infrastructure the community has said it wants and is willing to pay for

· access to a TCorp borrowing facility that will save NSW councils up to $600 million on the cost of borrowing, helping them to fund the crucial infrastructure that communities need

· priority access to other State funding and grants

· eligibility for additional devolved planning powers in relation to the making of local environmental plans and development decisions, and opportunities for devolving further planning powers.

Metropolitan Sydney

In respect of metropolitan Sydney, which has the most relevance to Hornsby, the Government has commented that Sydney is the fastest growing capital city in Australia. In the next 20 years, a further two million people will make Sydney their home with most of them settling in the western suburbs. A new international airport will be established and major growth centres will be developed in the north-west and south-west regions. Some communities will quadruple their size. New motorways and freight hubs will be needed, as well as hospitals, schools and large scale sporting facilities. To cope with this growth and Sydney’s emerging role as a global city, NSW needs a modern, more connected system of local government.

There are currently 41 councils in Greater Sydney, all with their own rules and regulations. This means multiple licences, fees and approvals for small business and different development rules for people who want to build or renovate their homes. It also means people in different suburbs receive different levels of service. The Government believes everyone in Sydney deserves a strong future and that Sydney cannot continue to be constrained by boundaries that were set over 100 years ago. If governments are to deliver the housing, jobs and transport people will need in the next 20 years, a more connected system of local government must be created.

The Fit for the Future program has been established to help councils and their communities take advantage of emerging opportunities. Fit for the Future councils will be provided with a seat at the table in planning Greater Sydney’s future, and will receive more local planning powers. They will also have access to cheaper finance to build and maintain the facilities that communities need, such as roads, parks, footpaths, sporting facilities and community centres. The Government intends to invest up to $1 billion to create a more connected Global city and a smarter system of local government that can provide the services our growing communities need.

Determining Which Council Areas are Fit for the Future

In its document “Fit for the Future – A Blueprint for the Future of Local Government”, the Government has requested that councils across NSW review their situation, prepare a submission and then transition to being Fit for the Future.

Reviewing the Current Situation

Each council has been requested to look at its current situation and consider the future needs of its community and the recommendations of the ILGRP. The Government has recently provided a self-assessment tool to help guide the discussion. The assessment will help councils to get a clear picture of how they are performing in financial management, service delivery and scale of operations. It will also help them to identify what they may need to do to ensure they are Fit for the Future. Councils will be encouraged to discuss ideas and options with their community and neighbouring local government areas. The Office of Local Government (OLG) will help with guidelines and templates and councils will be able to access support from their regional relationship manager through the OLG’s One Stop Shop.

Preparing a Submission

After considering their situation, councils will be asked to submit a proposal by 30 June 2015 about how they intend to be/become Fit for the Future. The Government has assisted by providing guidelines and templates. Councils will be able to get support from their OLG relationship manager and will also have access to expert assistance if they want to look at voluntary merger options. In this regard, the ILGRP’s recommendations are proposed as a good starting point for how councils can achieve the scale and capacity they require to become Fit for the Future. For some councils, joining forces with their neighbours may be the best option. The Government has committed to providing generous support if councils want to pursue that path. Larger councils who are already performing well may develop strategies to strengthen their operations and improve efficiencies. The proposals will be assessed by an independent expert panel and councils will receive feedback. The panel will then make recommendations to the Minister for Local Government.

Making the Transition

Once councils have a plan in place to become Fit for the Future, they will receive assistance and support from the Government to implement their plan. For merging councils, this includes funding to support the transition process and establish their new Fit for the Future venture. When Fit for the Future councils have completed their transition, they will have access to a range of opportunities including cheaper finance options, simplified reporting requirements, priority access to State funding and grants and options for additional planning powers.

Fit for the Future Process and Timeline

The Government has proposed the following four stages in its Fit for the Future process:

Stage 1

Councils were recently provided with a self-assessment tool to help them review their current performance against the Fit for the Future criteria. Based on these results, councils will progress to Stage 2 to prepare a roadmap demonstrating how they will move towards becoming Fit for the Future.

Stage 2

Councils will need to prepare a roadmap for becoming Fit for the Future, taking account of their community’s needs and future outlook. Consideration of scale and capacity will be the starting point and will be based on the ILGRP’s recommendations for each council. Councils may submit proposals for scale and capacity that are different to the recommendations made by the ILGRP so long as they are broadly consistent with the recommendations. Councils will not need to address the other three criteria (i.e. sustainability, efficiency and effective services and infrastructure) until they have made the changes to have the right scale and capacity. Councils that already have the right scale and capacity based on the ILGRP’s recommendations will need to prepare a roadmap for how they will address the other three criteria. Fit for the Future roadmaps must be submitted by 30 June 2015 for review by a team of independent experts.

Stage 3

During this stage, the expert panel will review each Council’s roadmap. The Panel will make recommendations to the Minister for Local Government based on the Panel’s assessment.

Stage 4

In Stage 4, councils who are Fit for the Future will begin to implement their roadmaps and take advantage of the benefits of being a Fit for the Future council. Newly formed councils will provide a plan for how they will meet the sustainability, efficiency and effective services and infrastructure criteria.

Assistance in Preparing a Roadmap

The Government has committed to supporting councils to develop their roadmap and to make the changes necessary to become Fit for the Future. The support and funding includes:

· a One Stop Shop, hosted by the OLG, giving councils access to Regional Relationship Managers to assist them explore options and access additional support

· access to fully funded skilled facilitators, to assist in bringing councils to the table to identify risks, benefits and options for voluntary mergers

· establishing a panel of technical experts, with skills in financial analysis, asset management and governance, to support councils gaining access to the information and skills they need

· access to a structural change expert panel for councils that commit to structural change, to provide affordable access to technical advice to undertake due diligence and community consultation to support voluntary merger proposals. The State will fund 50% of the cost to councils.

Government’s Recommendation for Hornsby and Assistance Potentially Available

The Government’s recommendation for Hornsby Shire Council is that it voluntarily merge with Ku-ring-gai Council to form a new local government area with a population of approximately 280,000. If Council is supportive of such a recommendation, it appears that Council would be eligible for the following support from the Government to progress the matter:

· access to an OLG Relationship Manager to assist in exploring options and additional support which may be available

· access to fully funded skilled facilitators, to assist Hornsby and Ku-ring-gai to meet and to identify risks, benefits and options for such a merger

· access to a panel of technical experts to assist in gathering all the information required to make a decision

· if there was agreement to the merger, access to a structural change expert panel who could provide affordable access (50% of cost covered by the Government) to technical advice to undertake due diligence and community consultation to support voluntary merger proposals.

If a merger was approved to take place, the new local government area would also be eligible for at least $10.5 million (and possibly up to $13.5 million if the total population estimate reached 300,000) from the Government to implement the merger. It would also be eligible for other components of the Government’s Fit for the Future package.

Moving Forward

Having regard to all of the above, and in particular the requirement for Council to make a submission to the OLG by 30 June 2015 about how it will be Fit for the Future, it is apparent that Council needs to move down the following path or similar:

· October/November 2014 - undertake the self-assessment questionnaire distributed by the OLG to determine Council’s placement against the Fit for the Future criteria.

· November/December 2014 - continue discussions with Ku-ring-gai Council (and potentially other neighbouring councils) to formally determine their willingness to participate in discussions about the potential for merger opportunities – this may involve assistance from the OLG’s Relationship Manager and/or an experienced facilitator.

· January-June 2015 - depending on the response from Ku-ring-gai (or other neighbouring councils), commence preparation of a joint or single submission showing how a merged council, or Hornsby as a single entity, is Fit for the Future.

___________________________________

Neighbouring Council Responses to KPMG Report - “Analysis of local government reform options in the Northern Sydney area”

At the time of preparing this Report, a response has only been received from the General Manager of Ku-ring-gai Council about the KPMG report. A copy of the response is attached. It indicates that Ku-ring-gai Council considered the KPMG report at its 12 August 2014 Ordinary Meeting and resolved that:

Council note that the report commissioned by Hornsby Council “Analysis of local government reform options in the Northern Sydney area – 22 May 2014” does not support the case for amalgamation of Ku-ring-gai and Hornsby Councils as the forecast saving is small compared to the risks involved, representing only 1.6% of the combined budgets over 10 years. This forecast:

i. Is based on simplistic assumptions derived from case studies of Council amalgamations of much larger scale and range of services offered

ii. Is likely to be optimistic and does not include an adequate allowance for transition costs

iii. Does not provide an adequate return for the substantial risks and disruption involved in an amalgamation

iv. Does not take into account the impact on Ku-ring-gai ratepayers in sharing in substantial costs to rehabilitate and stabilise the Hornsby Quarry

v. Does not take into account the impact of rates redistribution on Ku-ring-gai ratepayers due to higher land values, resulting in an increase in rates likely to be much greater than the forecast savings from amalgamation

vi. Does not address the loss of councillor representation, nor the operational difficulties, social challenges, town planning issues and political complexities in managing an amalgamation of two large, diverse council areas that stretch from the rural locality of Wisemans Ferry through to the urban suburb of Roseville, some 65 km to the south

vii. That Ku-ring-gai Council’s response to the report commissioned by Hornsby Council be sent to the State MPs for Ku-ring-gai, Davidson and Hornsby

Ku-ring-gai’s report on the matter states that it would be exposed to the following risks if there was an amalgamation of Ku-ring-gai and Hornsby Councils:

· Reduced representation and less say in decision making for the local area; the risk of decisions about the Ku-ring-gai area being made by a majority of councillors elected from the Hornsby area due to a larger population

· Increased rates for Ku-ring-gai ratepayers due to redistribution of the rates burden from areas of lower land value (Hornsby) to areas of higher land value (Ku-ring-gai)

· Unknown financial liabilities such as for rehabilitation of the Hornsby Quarry

· Impact on the composition, quality and quantity of services due to the rationalisation of facilities and services

· Disruption to service provision, loss of skilled workers, fall in staff morale and productivity loss

· Utilising simplistic assumptions based on anecdotal evidence from the KPMG report could lead to increased costs rather than savings

· Forecast financial savings are small in comparison to the substantial risks and disruption from amalgamation.

CONSULTATION

In the preparation of this Report, there was consultation with The Hills and Ku-ring-gai Councils in respect of the KPMG report. Council has also been represented at discussions and presentations about the Fit for the Future program recently announced by the State Government.

BUDGET

At this stage of the process there are no budgetary implications. Depending on how the local government reform process progresses, Council may incur costs and may be eligible for funding from the Government. These will be detailed in a future report when further details are known and included in a quarterly budget review as appropriate.

POLICY

As a responsible local government authority, Council continues to be committed to participating in an ongoing discussion with the NSW Government and neighbouring councils about reform of local government.

CONCLUSION

Now that the NSW Government has formalised its approach to the reform of local government, it is important for Council to fully engage in the next stage of the process with the Government and with its neighbouring councils. Council is already in an excellent position to contribute to discussions and research, having received reports from KPMG (about local government reform options in northern Sydney; from Crosby Textor (about the community’s view of local government reform in general and in particular amalgamations and shared services); and from PricewaterhouseCoopers (about the issues, benefits and disadvantages associated with Council amalgamating with its neighbouring councils).

It is proposed that Council undertake the self-assessment questionnaire distributed by the OLG and continue discussions with Ku-ring-gai Council (and potentially other neighbouring councils) to explore potential merger opportunities. Depending on the responses it receives, Council should then commence the preparation of a joint or single submission to the NSW Government showing how it is Fit for the Future.

RESPONSIBLE OFFICER

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

Gary Bensley

Deputy General Manager

Corporate Support Division

Scott Phillips

General Manager

Office of the General Manager

Attachments:

1.View

Ku-ring-gai Council Letter - 15 August 2014 - Response to KPMG Report

File Reference: F2014/00494

Document Number: D03662698

Date Lodged	Councillor/Designated Person (Position)	Reason for Lodgement
18 August 2014	Team Leader, Environmental Health	Resignation
22 September 2014	Development Assessment Officer	Return from maternity leave
29 September 2014	Traffic Ranger	Resignation

Group Manager’s Report No. PL52/14

Planning Division

Date of Meeting: 12/11/2014

16 DEVELOPMENT APPLICATION - FIVE STOREY RESIDENTIAL FLAT BUILDINGS COMPRISING 90 UNITS - 544-552 PACIFIC HIGHWAY AND 1 AND 1A COWAN ROAD, MOUNT COLAH

EXECUTIVE SUMMARY

DA No:	DA/1096/2013 (Lodged 9 October 2013)
Description:	Demolition of existing structures and the erection of 3 x five storey residential flat buildings comprising 90 units with basement car parking
Property:	Lot 21 DP 1044911, Lot 3 DP 20511, Lot 4 DP 20511, Lot A DP 372148, Lot B DP 372148, Lot 22 DP 1044911, Lot 1 DP 20511, Nos 544-552 Pacific Highway and 1 and 1A Cowan Road, Mount Colah
Applicant:	Blake Organisation
Owner:	Mr B D Hamilton, Mr M J, Ms J, Mr E R Moriarty, Mr C G Steptoe and Mrs A M Steptoe, Mr P E Harvey, Mr R C Lewis and Mrs C J Lewis
Estimated Value:	$18,044,704
Ward:	A

· The application proposes demolition of existing structures and the erection of 3 x five storey residential flat buildings comprising a total of 90 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.

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

· It is recommended that the application be approved as a deferred commencement subject to an easement to drain water being created.

RECOMMENDATION

THAT Development Application No. DA/1096/2013 for demolition of existing structures and the erection of 3 x five storey residential flat buildings comprising 90 units with basement car parking at Lot 21 DP 1044911, Lot 3 DP 20511, Lot 4 DP 20511, Lot A DP 372148, Lot B DP 372148, Lot 22 DP 1044911, Lot 1 DP 20511, Nos. 544-552 Pacific Highway and 1 and 1A Cowan Road, Mount Colah be approved as a deferred commencement pursuant to Section 80(3) of the Environmental Planning and Assessment Act, 1979 subject to the conditions of consent detailed in Schedule 1 of Group Manager’s Report No. PL52/14.

BACKGROUND

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

The subject application for the construction of a five storey residential flat development comprising 90 units was lodged on 9 October 2013.

On 30 October 2013, Railcorp stopped the clock on the assessment of the application and requested additional information.

On 22 January 2014, Council sent a letter to the applicant raising concerns regarding the design of the building and other planning issues. Meetings were subsequently held between Council officers and the applicant to discuss the concerns.

On 30 April 2014, additional information and amended plans were submitted to Council.

On 8 July 2014, a response was received from Railcorp who maintained concerns with the proposal, particularly in relation to stormwater disposal as works were proposed on Railcorp land.

On 20 August 2014, amended plans and additional information was submitted, including modifications to the stormwater plan to address concerns by Railcorp.

On 2 October 2014, a response was received from Railcorp including recommended consent conditions.

SITE

The site is located on the eastern side of the Pacific Highway and north of Cowan Road. The site is irregular in shape and has an area of 5282m² with a 107m frontage to the Pacific Highway, a 72m frontage to Cowan Road and a 77m eastern boundary with the Northern Railway line. The site comprises seven allotments, Nos. 544-552 Pacific Highway and 1 and 1A Cowan Road at Mount Colah. The site has a gentle slope downwards from the Pacific Highway towards the eastern boundary with the railway line, with an average gradient of 7%. The land also has a gentle slope downwards from south to north, with an average gradient of 3%.

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

The site contains a number of exotic, native and locally indigenous trees. A number of street trees are located on the verge fronting the subject site. A significant group of trees exist on the site and in the adjacent road reserve along the western boundary with the Pacific Highway. Six trees on the site form part of this group.

The site forms part of a precinct which is undergoing redevelopment. The surrounding developments currently include predominately single storey residential dwellings.

The site is located approximately 240m from Mount Colah Railway Station and approximately 185m to the south east of Mount Colah neighbourhood shops.

PROPOSAL

The proposal involves the demolition of existing structures on the site and construction of a 3 x five storey residential flat buildings comprising 90 units with two levels of basement car parking and associated landscaping works.

The unit mix would comprise 12 x 1 bedrooms, 68 x 2 bedroom, and 10 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 Cowan Road via a driveway located close to the eastern boundary of the site, adjacent to the Northern Railway line. Pedestrian access to the development is provided via both the Pacific Highway and Cowan Road frontages. A total of 122 car parking spaces, including 18 visitors’ parking spaces are proposed in two basement levels.

The site would drain to a detention tank adjacent to the northern boundary, and thereafter to the north via a proposed drainage easement over the neighbouring property towards a Council stormwater drainage line that traverses the railway corridor.

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

Within the North Subregion, the Draft Metropolitan Strategy proposes:

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

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

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

The proposed development would be consistent with the Metropolitan Plan for Sydney 2031 by providing 83 additional dwellings and would contribute to housing choice in the locality.

2. STATUTORY CONTROLS

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

2.1 Hornsby Shire Local Environmental Plan 1994

The subject land is zoned Residential C (Medium/High Density) under the Hornsby 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) for 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 1 of Schedule BB of the HSLEP. Therefore, clause 15 does not apply to the subject site.

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

2.2 Hornsby Local Environmental Plan 2013

The Hornsby Local Environmental Plan 2013 (HLEP) was gazetted by the Minister for 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 applicable land use zoning and height controls under the HSLEP 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

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

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

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

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

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.

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 site is located within a planned five storey residential flat building precinct in close proximity to Mount Colah Railway Station.

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 future urban form. It is considered that the proposed building would contribute to the identity and future character of the precinct.

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

2.4.2 Principle 2 – Scale

Design Principle 2 is as follows:

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

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

The scale of the development is in accordance with the height control and setbacks for the precinct prescribed within the Housing Strategy DCP, being the applicable planning controls at the time the application was submitted. The building footprints also comply with the maximum floorplate of 35m prescribed within the Housing Strategy DCP. The development achieves a scale consistent with the desired future character of the precinct of residential flat buildings in landscape settings with underground car parking.

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 appropriately articulated to minimise the perceived scale and the chosen materials add to the visual interest of the development. 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 as required by the Housing Strategy DCP. The proposal complies with the built form principle of SEPP 65.

2.4.4 Principle 4 – Density

Design Principle 4 is as follows:

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

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

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

2.4.5 Principle 5 – Resource, Energy and Water Efficiency

Design Principle 5 is as follows:

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

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

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

2.4.6 Principle 6 – Landscape

Design Principle 6 is as follows:

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

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

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

The application includes a landscape concept plan which provides landscaping along the street frontages, side and rear boundaries and includes two 7m x 7m deep soil landscaped areas between the buildings. A substantial deep soil landscaped area, well in excess of the minimum requirement, is sited along the Pacific Highway frontage to facilitate the retention of a group of significant trees. Large trees are proposed along the street frontages intercepted by shrubs and hedges which would soften the appearance of the development when viewed from the streets. Deep soil areas that incorporate canopy trees are provided around the building enveloped which would enhance the development’s natural environmental performance and provide an appropriate landscaped setting. Given the above, the proposal satisfies the intent of the ‘Landscaping’ principle of SEPP 65.

2.4.7 Principle 7 – Amenity

Design Principle 7 is as follows:

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

Optimising amenity requires appropriate room dimensions and shapes, access to sunlight, natural ventilation, visual and acoustic privacy, storage, indoor and outdoor space, efficient layouts and service areas, outlook and ease of access for all age groups and degrees of mobility.

The proposed units are designed to achieve natural ventilation, solar access and acoustic privacy. All units incorporate balconies accessible from living areas and privacy has been achieved through appropriate design and orientation of balconies and living areas. Consent conditions are recommended to require some additional high sills and balcony screens to further improve privacy. Storage areas have been provided within each unit and in the basement levels. The proposal would provide convenient and safe access via a central lift in each building connecting the basement and all other levels. The proposal satisfies the ‘Amenity principle of SEPP 65.

2.4.8 Principle 8 – Safety and Security

Design Principle 8 is as follows:

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

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

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

The proposal includes an assessment of the development against crime prevention controls in 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 control, territorial reinforcement and space management such as an artificial lighting in public places, attractive landscaping whilst maintaining clear sight lines, security coded door lock or swipe card entry, physical or symbolic barriers to attract, channel or restrict the movement of people, security controlled access to basement car park; intercom access for pedestrians; design with clear transitions and boundaries between public and private space clear design cues on who is to use space and what it is to be used for its use and condition and security cameras located at the entrance of each building. Railcorp has raised concerns about residents potentially throwing items from the units onto the railway corridor. Subject to the imposition of conditions of consent addressing the above matters including screening of balconies adjacent to the rail corridor, the proposal is supported in respect of safety and security.

2.4.9 Principle 9 – Social Dimensions and Housing Affordability

Design Principle 9 is as follows:

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

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

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

The site is located in close proximity to the Mount Colah railway station and shops. The location of the site allows direct access to services and 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. Consent conditions require compliance with Council’s adaptable housing controls. In this regard, the development is considered acceptable in terms of social dimensions.

2.4.10 Principle 10 – Aesthetics

Design Principle 10 is as follows:

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

The architectural treatment of the building is generally consistent with the design principles contained within the Residential Flat Design Code and the Council’s Housing Strategy Development Control Plan. It is considered that the aesthetic quality of the building would contribute to the desired future character of the precinct. The details of the assessment of the built form and the aesthetics of the development are contained in Section 2.11 of this report.

2.5 State Environmental Planning Policy No. 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	28%	25%	Yes
Communal Open Space	36%	25-30%	Yes
Ground Level Private Open Space	<25m² (Unit A101) Min Dimension<4m (for all units)	25m² Min Dimension 4m	No No
Minimum Dwelling Size	1 br – 52m²-73m² 2 br – 70m²-114m² 3 br – 99m²-131m²	1 br – 50m² 2 br – 70m² 3 br – 95m²	Yes Yes Yes
Maximum Kitchen Distance	9m (15 units)	8m	No
Minimum Balcony Depth	2m	2m	Yes
Ceiling Heights - Residential floors	2.7m	2.7m (Min)	Yes
Total Storage Area	1 bed - 6m³ (Min) 2 bed - 8m³(Min) 3 bed - 10m³ (Min)	1 bed - 6m³ (Min) 2 bed - 8m³(Min) 3 bed - 10m³ (Min) 50% accessible from the apartments	Yes
Dual Aspect & Cross Ventilation	66%	60%	Yes
Adaptable Housing	3%	10%	No

As detailed in the above table, the proposed development complies with the prescriptive measures within the Residential Flat Design Code (RFDC) other than minimum dimension for ground level open space, maximum kitchen distance and adaptable housing. 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 2.11. The RFDC requires a building separation of 12m between unscreened habitable areas or balconies increasing to 18m from the fifth level. Whilst the internal separation between the three proposed buildings is less than required by the RFDC, the building separation accords with Council’s Housing Strategy Development Control Plan as discussed under Section 2.11.

2.5.2 Ground Floor Apartments and Private Open Space

Of the 18 units located on the ground floor, 17 units have been provided with greater than 25m² of courtyard space. The exception is Unit A101 which is a small 1 bedroom apartment. The 10m² courtyard for Unit A101 complies with the minimum area for private open space in the HDCP. Increasing the size of the Unit A101 courtyard would come at the expense of the communal landscape setting. Furthermore, the recommended conditions require the removal of some courtyard paving for Unit C101 as it compromises the deep soil setback to Cowan Road. The open space available for C101 is still able to comply with the Hornsby DCP. Therefore, the non-compliance with the RFDC is in response to the Hornsby DCP key principle for buildings to be in landscaped settings.

Many of the ground floor courtyards have a minimum dimension of 2m to 3m rather than the RFDC minimum 4m dimension. The proposed ground floor unit open space areas include recessed balconies and courtyards contained within the building envelope. The provision of additional private courtyard area within the setback areas would compromise the communal open space provisions for the site. However, the courtyard area of Unit C103 is slightly too narrow and is addressed by a consent condition to comply with the RFDC requirements. As a result, the development would provide courtyard areas that are useable and provide a high level of amenity for the apartments.

Notwithstanding the above, the private open space areas for all units are able to comply with the minimum area requirement of the Hornsby DCP.

2.5.3 Apartment Layout

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

The RFDC requires that not more than 10% of apartments (9 units) be south facing. The application provides 12 units with a south facing aspect. The proposal attempts to address this non-compliance by including an east facing living room window in the 4x4 recess in Building B to give units B201,301 and 401 a small easterly orientation. This would create an acoustic and visual privacy conflict with a bedroom in Units B207, 307 and 407. It is recommended that the consent condition require the deletion of this living room window. This minor non-compliance is acceptable as the overall proportion of floor space with a southern orientation has been limited.

The RFDC requires that the back of a kitchen should be no greater than 8m from a window. Of the 90 units proposed, 15 units contain kitchens where the back wall is up to 9m from a window. These units offer an open layout with natural ventilation and accordingly, the minor non-compliance is acceptable with respect to residential amenity.

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

2.5.4 Internal Circulation

The proposed buildings include 5 to 8 units with lift access on each respective level in accordance with the Code’s best practice guidelines for up to 8 units per lift. The ground floor corridor in Blocks A and B also provide level access to the communal open space areas.

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. As the site adjoins the Pacific Highway and the Railway Corridor, the application includes an acoustic report to recommend acoustic mitigation measures to comply with the acoustic aims of SEPP Infrastructure. This requires thickened glass, acoustic seals to windows and mechanical ventilation to some apartments. The consent conditions require the installation of acoustic attenuation measures to achieve the standards in the SEPP. The proposal is consistent with the RFDC for acoustic privacy.

2.5.6 Storage

The proposed building includes resident storage areas for all units within the apartments. In addition storage rooms are provided in the basement and the plans indicate storage cages over each of the resident parking spaces. The applicant has indicated that the total storage volume is to comply with the provisions of the Residential Flat Design Code. A condition is recommended that each dwelling within the development must have a minimum area for storage of 6m³ for one bedroom units, 8m³ for two bedroom units and 10m³ for three bedroom units, where 50% is required to be located within the apartment and accessible from either the hall or living area. A condition is recommended that the basement storage areas be allocated in accordance with the size requirements of the Code for the respective units. With conditions, the proposal is acceptable with respect to the requirements of the RFDC for storage.

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

2.6 State Environmental Planning Policy (Infrastructure) 2007

The application was referred to the Roads and Maritime Service that raised no objection and provided recommended conditions of consent for the application. The application was referred to Railcorp that raised no objections subject to the imposition of a number of consent conditions. See further discussion at 5.2 of this report.

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

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

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

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

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

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

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

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

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

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

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

2.11 Hornsby Development Control Plan 2013

The Hornsby Development Control Plan (HDCP) 2013 applies to all land within Hornsby Shire and provides 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 earlier DCPs including the Housing Strategy DCP, into a consolidated 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 the minimum side setback requirements of 6m, which can be reduced to 4m for a maximum of 1/3 of the building length for the northern and southern sides.

Building A adjoins the northern side boundary. The land to the north is capable of being redeveloped as a 5 storey residential flat building in the future. The enclosing walls of Building A comply with the requirement that the building setback can be reduced to 4m for a maximum of 1/3 of the building length. However, balconies encroach into the setback to 4m as previously permitted under the Housing Strategy DCP. As a result, 4/5 of the building length (including the balconies) of Building A is within 4m of the northern side boundary. The balcony encroachments are in the form of a wraparound balcony element on the Pacific Highway elevation and a balcony adjacent to bedrooms. These two elements provide a positive contribution to the articulation of the façade and should be retained. To ensure that these areas remain as architectural elements rather than principle active open space areas, it is recommended that the balcony depths be decreased from 2m to 1m.

Building C adjoins the southern side boundary, being the secondary frontage to Cowan Road. The enclosing walls of Building C comply with the requirement that the building setback can be reduced to 4m for a maximum of 1/3 of the building length. However, balconies encroach into the setback to 4m as previously permitted under the Housing Strategy DCP. As a result 3/4 of the building length (including the balconies) of Building C is within 4m of Cowan Road. The Cowan Road boundary is a long 72m frontage. Building C has been designed to comply with the 35m maximum footprint control and retain a significant group of trees and as a result the portion of the building with a 4m setback comprises only 40% of the site’s 72 metre frontage to Cowan Road. Some of the ground floor courtyards encroach into the deep soil landscaped area. A condition of consent is recommended to remove the encroachments.

As a result there would be no impact on the achievement of deep soil landscaping, daylight access, visual privacy and acoustic privacy, the encroachments within the side setbacks are considered to be acceptable.

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 development has a variable separation of 6m to 9m between Buildings A and B which provides a transition between the previous and current planning controls. The separation between Buildings B and C varies from 14m at the western (Pacific Highway) façade, decreasing to a 6m separation at the eastern façade adjacent to the railway line. However, these internal facades have been designed to screen any internally opposing balconies and living room windows. To further enhance privacy within the development, consent conditions are recommended to require high sills for bedroom windows that are located less than 12m from an opposing unscreened habitable window or principle private open space area. On Level 5, where the RFDC requires the separation between unscreened windows to increase to 18m, the development has been designed so that the internal southern facades are screened adjacent to the living rooms.

The development’s northern façade (Building A) faces an undeveloped residential flat building site. Along this interface the development has a 4m side boundary setback which is consistent with the provisions of the Housing Strategy DCP. Consent conditions are recommended to require high sills for bedroom windows and screens for balconies located within 6m of this side boundary to facilitate compliance with the RFDC.

2.11.3 Vehicle Access and Parking

The HDCP permits a reduction for car parking for development located within 800m of a railway station. The current parking rates require a total of 92 resident parking spaces and 13 visitor spaces for the development, together with 2 motor cycle spaces, 18 resident bicycle spaces and 9 visitor bicycle spaces. The development complies with the minimum requirements by providing a total of 122 car parking spaces and 34 bike racks. The development does not provide sufficient parking for people with disabilities to address the requirements for adaptable housing. However, this is able to be addressed by consent conditions and maintain compliance with the HDCP. Disabled parking would need to increase from 3 to 9 spaces, requiring the removal of 3 spaces to act as a shared circulation space for the 6 additional disabled parking spaces. As a result the development is able to comply with all the parking rates within the HDCP.

2.11.4 Landscaping

The landscaping area between buildings is increased from a minimum 6m x 6m to 7m x 7m of deep soil landscaping under the HDCP. The proposed development includes two large areas of deep soil landscaping with a dimension of 7mx7m between the buildings with a total area of 150m². This complies with the HDCP controls.

2.11.5 Open Spaces

The minimum private open space requirement for one, two and three bedroom dwellings remains the same. However, an additional separate screen clothes drying area is required under the HDCP.

A number of the proposed balconies are of a design to meet this requirement. However, given the majority of balconies would require redesign with regard to increased private open space, articulation and privacy, it is considered onerous to require compliance given the savings provision under Clause 1.8A of HLEP requires assessment according to the statutory planning controls prior to 11 October 2013. The non-compliance does not warrant refusal of the application.

2.12 Housing Strategy Development Control Plan

The proposed development has been assessed having regard to the desired outcomes and prescriptive measures within Council’s Housing Strategy Development Control Plan (Housing Strategy DCP). The following table sets out the proposal’s compliance with the prescriptive measures of the Plan:

Housing Strategy Development Control Plan

Control

Proposal

Requirement

Compliance

Site Width

72m

Min – 30m

Yes

Height

Block A - 5 storey – 16m

Block B – 5 storey – 17.2m

Block C – 5 storey – 17.3m

5 storey – 17.5m

Yes

Lowest Residential Floor Above Ground

Block A - +1.5m (rear)

Block B – 1.1m to 1.2m

Block C – 1m to 1.5m

Max 1.5m

Yes

Maximum Floorplate Dimension

Block A – 30m

Block B – 34m

Block C – 35m

35m

Yes

Building Indentations

4m x 4m

Yes

Setback Bldg A – Front Setback Pacific Hwy (West)

8-10m

8m < 39% building

Balc. 7m

10m

8m < 33% building

Balc. 7m

Yes

Setback Bldg A – North Side

4-6m (var)

4m < 1/3^rdbuilding

Balc. 4m

4m < 1/3^rd building

Balc. 4m

Yes

Setback Bldg A – East Rear

8-12.5m (var)

8m < 1/3^rdbuilding

Balc. 7m

10m

8m < 1/3^rd building

Balc. 7m

Yes

Setback Bldg B – Front Setback Pacific Hwy (West)

10m

8m – nil

Balc. 7m

10m

8m < 1/3^rd building

Balc. 7m

Yes

Setback Bldg B – East Rear

8-14.5m (var)

8m < 1/3^rdbuilding

Balc. 5-12.5m (var)

10m

8m < 1/3^rd building

Balc. 7m

Yes

Setback Bldg C – Front Setback Pacific Hwy (West)

8-18.5m (var)

8m < 1/3^rd building

Balc. 7m

10m

8m < 1/3^rd building

Balc. 7m

Yes

Setback Bldg C– Secondary Frontage Cowan Road

4-6m (var)

4m < 1/3^rd building

Balc. 4m

4m < 1/3^rd building

Balc. 4m

Yes

Setback Bldg C – East Rear

19-21m (var)

8m nil

Balc. 16-19m (var)

10m

8m < 1/3^rd building

Balc. 7m

Yes

Top Storey Setback From Ground Floor

3m setback, except for the area adjacent to the 4x4 indent which is predominately internal

Yes

Underground Parking Setback

Pacific Hwy Front – 7m

N Side – 4m

E Rear – 7m

Cowan Road S – 4m

Yes

Separation between Buildings

Building A to B - 6-9m

Building B to C – 6-14m

Yes

Car Parking

80 units<100m²

10 units >100m²

106 resident spaces

18 visitor spaces

100 resident spaces

18 visitor spaces

Yes

Landscaped Setbacks

Pacific Hwy – 7-12.5m

Cowan Rd S – 1.5-4m

North Side – 4m

Railway Rear – 3m-7m

Yes

Deep Soil Landscaping between Buildings

Building A to B – 7mx7m

Building B to C – 7mx7m

6m x 6m

Yes

Private Open Space Min Width 2.5m

1 br units - > 10m²

2 br units - > 12m²

3 br units - > 16m²

Units A101 and C103 slightly too narrow

10m²

12m²

16m²

Min 2.5m wide

Yes

Communal Open Space with minimum dimension 2.5m

36%

25%

Yes

Sunlight Access

78%

70%

Yes

Housing Choice

12 x 1 br units – 13%

68 x 2 br units – 76%

10 x 3 br units – 11%

10%

Yes

Adaptable Units

3% (3 units)

30%

As detailed in the above table, the proposed development does not comply with the prescriptive measures within the Council’s Housing Strategy DCP regarding setbacks, landscaping and adaptable units. 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 proposed development of three x 5 storey residential flat buildings would be sited within the Pacific Highway Mount Colah housing precinct in accordance with required key principles for the precinct, namely for well-articulated five storey residential flat buildings in garden settings with basement car parking. The development has been sited and designed to retain a group of significant trees along the Pacific Highway frontage.

The proposed materials and finishes include rendered brickwork in grey tones with orange highlights. The balconies include a combination of rendered or glass balustrades, some including operable or fixed louvres. The modern design of the building is in keeping with the desired future character of the area.

2.12.2 Design Quality – SEPP 65

The proposed development is designed in accordance with the design principles of SEPP 65 except for building separation where the building has been designed to comply with the Housing Strategy DCP. Refer to discussion in Section 2.5 and 2.11.

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 107m to the Pacific Highway and 72m to Cowan Road and complies with this requirement. The proposed development would not result in an isolated site or compromise development in accordance with the Housing Strategy DCP.

2.12.4 Height Requirements

The proposed five storey buildings comply with the maximum 17.5m building height. The proposed buildings involve excavation works for the basement car park and for finished ground levels. The ground floor of the three blocks is generally in the order of 1m to 1.5m below existing ground level along the Pacific Highway frontage to provide a cut and fill balance for the building footprint. To further minimise the cut and fill balance the footprints of Blocks B and C also incorporate a split level design. Accordingly, the proposed development is considered satisfactory in respect to five storey built form.

2.12.5 Setbacks

As noted in the table above, the proposal generally complies with most of the building setback controls. There are some encroachments into the setbacks which are addressed as follows:

Pacific Highway Setback

The Housing Strategy DCP permits up to 1/3 of the external enclosing walls to be setback between 8m and 10m. Building A does not comply as 39% of the walls are setback at 8m. This minor encroachment is acceptable taking into account that the external walls of Building B are setback at least 10m from the highway and Building C is setback between 8m and 18.5m to the highway. Therefore, on average, a more substantial setback is provided to the Pacific Highway than otherwise permitted by the Housing Strategy DCP.

Northern Side Setback

The Building A setback to the northern side boundary complies with the Housing Strategy DCP. The onsite stormwater detention (OSD) tank is located within the northern side setback area. A long narrow tank is proposed to maintain a 2m wide deep soil landscape setback to the boundary to facilitate tree planting. The height of the tank is level with the ground floor apartments which are within 1m of natural ground level. The landscape plan shows planting over the OSD tank. Accordingly the encroachment by the OSD tank still complies with the intent of the setback control to provide for landscaping, open space and separation between buildings.

Eastern Rear Boundary

The Housing Strategy DCP permits the external walls of the buildings to be setback 8m for a maximum of 1/3 of the building width. The rear setback is on an angle compared to the footprint of Buildings A and B. Accordingly, it is appropriate to consider an averaging of the setback encroachment in this location. Using this argument, Buildings A and B comply with the 1/3 encroachment control for the external walls. Similarly the balconies on Buildings A and B marginally encroach into the 7m rear setback control, being setback 6.8m for Building A and 5m for Building B. However, taking into account the balconies setback increases to 9.5m for Building A and 12m for Building B, on average the setback complies with the 7m control.

Top Storey Setback

The three residential flat buildings incorporate a 3m additional setback for the top storey on all elevations. This top storey setback is not provided immediately adjacent to the 4x4m indent which is provided in the long facades. This non-compliance does not raise any concerns in relation to open space and separation between buildings. It is considered acceptable taking into account that Buildings B and C incorporate a stepped building footprint that provides horizontal articulation to the top floor, and the bulk of the top floor is limited as it does not include a mezzanine.

2.12.6 Landscaping

The landscaping provisions of the Housing Strategy DCP prescribe that a 7m wide landscaped area is to be provided at the front and rear and a 4m wide landscaped area it provided along the side boundaries. The proposed development has designed the basement and building footprints to achieve these deep soil landscaped setback areas. However, there are some minor encroachments into these setback areas, such as the OSD tank in the northern setback and a small portion of balcony areas in the rear setback, as previously discussed. In addition there is additional courtyard paving proposed at the ground floor to the rear of Building A and the south of Building C that is unnecessary and encroaches into the required deep soil landscape area. The consent conditions require these courtyard encroachments to be reduced to improve compliance with the intent of the planning controls for buildings in a landscaped setting. The driveway along the rear boundary has a 2m to 5m wide deep soil setback which complies with the Housing Strategy DCP controls for encroachments.

The proposed development would provide suitable landscaped areas for the presentation of the proposed buildings in the streetscape, for the provision of active and passive open space areas and for screen planting. The proposed landscaping includes the planting of locally indigenous trees in suitable locations that would contribute to the streetscape setting and the local tree canopy.

A condition is recommended for the retention of the significant trees along the Pacific Highway and two other substantial trees in the east of the site. The retained trees would provide screening of the development in the streetscape.

Subject to recommended conditions, the proposed landscaping generally complies with the landscaping prescriptive measures and meets the Housing Strategy key principle for five storey residential flat buildings in garden settings.

2.12.7 Floorplates and Separations

The proposed buildings comply with the maximum floorplate dimension of 35m and incorporate 4m x 4m indentations. A 4m x 4m indent is not provided in the northern façade of Building A as the building footprint has been stepped to reduce the length of the northern façade to 25m. The buildings on the site are separated by a minimum of 6m including an area of deep soil of at least 6m x 6m, consistent with the provisions in the DCP. The proposed development achieves the Housing Strategy DCP desired outcome for floorplates and separations.

2.12.8 Articulation

The proposed buildings are stepped to conform with the topography of the site and are well articulated with the façade treatment, size and placement of windows, wrap-around balconies, vertical panels, indentations and setback variations to minimise the bulk and scale of the buildings. The proposed facades include a mix of contrasting materials, finishes and fenestration that contribute to the building articulation.

The buildings are generally divided into vertical panels by including indentations in the alignment of the external walls and the inclusion of balconies that project forward of the walls. The facades that face the public domain are expressed as 2 or 3 distinct levels and include vertical steps. The sheer vertical rise of the building adjacent to the 4mx4m indent is up to 5 storeys; however this is predominately on the internal elevations which are not visually prominent from the public domain with the exception of the Cowan Road façade. The applicant has argued that the siting of the 4x4 is appropriate as the top storey is setback 3m from the level below reducing the visual scale of the upper level of the development and the portion of the upper level adjoining the recessed 4x4 element is not visually dominant

The proposed buildings comply with the Housing Strategy DCP and meet the desired outcome for development of a scale and bulk which enhances the streetscape character.

2.12.9 Open Space

The proposed private open space areas generally comply with the prescriptive area requirements, include a range of layouts with access off living areas and would provide for a range of outdoor activities. The courtyard of one unit (Unit C103) is recommended to be widened and is addressed by a condition of consent.

The proposed communal open space areas comply with the prescriptive area requirements and would provide for larger gatherings. The proposed basement includes provision for bike storage in accordance with the Housing Strategy DCP. It is considered the proposed open space provision would provide for a range of outdoor activities and encourage active living.

2.12.10 Privacy

The proposed development is appropriately designed for privacy with the majority of units having an external outlook. The proposed balconies with internal orientation are generally non-opposing and are provided with privacy screens.

The site’s northern boundary adjoins land capable of being redeveloped in the future for a 5 storey building. Building A is located here and incorporates two units on each floor adjacent to the northern boundary, both of which have living areas oriented towards the front (highway) or the rear (railway) to minimise privacy conflicts with any future redevelopment to the north. In addition, high sill windows and balcony screens are able to be erected along the northern façade to further mitigate against any future privacy conflicts.

2.12.11 Sunlight and Ventilation

The proposed development complies with the Housing Strategy DCP prescriptive measure for at least 70% of dwellings to receive 2 or more hours of sunlight to living room windows and private open space. The proposal complies with the requirement for at least 60% of dwellings to have dual aspect and natural cross ventilation.

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 properties to the south of Cowan Road at 3pm in mid-winter. A proposal for potential five storey development on the southern side of Cowan Road would need to demonstrate compliance with the solar access requirements for five storey developments governed by the RFDC and Council’s DCP.

2.12.12 Housing Choice

The proposed buildings include a mix of one, two and three bedroom units range in size and style.

Of the proposed dwellings, 13% are one bedroom, 76% two bedroom and 11% three bedroom dwellings. The adaptable dwellings only comprise 3% however this is able to be increased to 30% to comply with the DCP via consent condition.

The proposed housing mix complies with the Housing Strategy DCP requirement for at least 10% of each dwelling type and is able to comply with 30% adaptable units.

2.12.13 Vehicle Access and Parking

Vehicle access to the proposed basement car park is via a 6.7m wide driveway off Cowan Road and adjacent to the rear eastern boundary with the railway corridor.

The basement is shared between the three proposed buildings and includes 122 car parking spaces and 34 bicycle spaces. The development provides for only 3 disabled parking spaces, which is able to be increased to comply with the Council’s requirement for 9 disabled car parking spaces for 9 adaptable housing units via consent conditions.

Therefore, a condition is recommended for the configuration of the basement to facilitate provision for a minimum of 105 resident car parking spaces including 9 accessible car parking spaces, 13 visitor car parking spaces, 2 motor cycle parking spaces, 18 resident bike racks and 9 visitor bike racks consistent with the provisions of the Hornsby DCP 2013.

The basement includes resident storage spaces. A condition is recommended for storage provision to meet the minimum requirements of the SEPP 65 Code, for 6m² – one bedroom units, 8m² – two bedroom units, and 10m² – three bedroom units, with 50% provided in the basement and the balance within the units.

Subject to recommended conditions, the proposal is considered satisfactory in respect to the Housing Strategy DCP requirements for vehicle access and parking.

2.12.14 Pacific Highway Mount Colah 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 Pacific Highway Mount Colah precinct. The development is consistent with the servicing strategy to promote access from local streets. The scheme is also consistent with the residential amenity principle to minimise the width of facades and communal recreation areas that directly face or adjoin the railway.

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 a landscaped setting and a built form that is consistent with the desired future outcome for the precinct.

2.13 Waste Minimisation and Management Development Control Plan (WMMDCP)

Each floor in the proposed development of 90 units is provided with a garbage room that provides space for a recycling bin and chute system. Each garbage chute is able to terminate in a bin storage/ chute service room in the basement. The bins would then be transferred to a communal bin collection area within the basement, adjacent to a truck standing area. The bin collection rooms are adequately sized.

The proposed development would be serviced by a small rigid waste collection vehicle (SRV) that would enter the development’s basement.

The proposed development would meet the waste facility design performance criteria of the WMMDCP subject to recommended conditions for design for access and waste collection by a SRV.

The submitted Demolition Waste Management Plan and Construction Waste Management Plan are considered acceptable in facilitating waste reduction. The Waste Management Plan – Use And On-Going would be acceptable subject to recommended conditions for implementation.

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 provides barrier free access from the primary communal pedestrian frontage at Cowan Road to all buildings via pedestrian pathways and ramps. Disabled access is thereafter provided to the floors of all buildings via a lift. Due to the topography of the site, stairs are provided from the buildings to the Pacific Highway frontage. The disabled car spaces within the basement levels are designed to comply with AS2890.6-2009 Parking Facilities.

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

2.15 Sustainable Water Development Control Plan

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

2.16 Section 94 Contributions Plans

Hornsby Shire Council Section 94 Contributions Plan 2012-2012 applies to the development as it would result in the addition of 83 residential units in lieu of the seven existing residences. Accordingly, the requirement for a monetary contribution has been recommended as a condition of development consent.

3. ENVIRONMENTAL IMPACTS

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

3.1 Natural Environment

3.1.1 Trees

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

The group of trees located on the Pacific Highway frontage and on the nature strip of the property satisfies Councils criteria of a significant group of native trees including Trees 9, 12, 13, 24, 25 and 26. Trees 9, 24, 25 and 26 are to be retained as part of the development. Trees 12 and 13 are permitted for removal, due to their condition and conflict with the building envelope that provides complying setbacks. Tree 26, a 21m high Angophora costata tree on the site adjacent to the Pacific Highway is considered individually significant. For the trees to be retained excavation and construction is limited to less than 10% of each Tree Protection Zone (TPZ) as per AS 4970-2009. T26 must be protected and although the TPZ is 10 metres it is accepted that the existing concrete driveway will form part of that protection zone.

The application also facilitates the retention of Tree 1, being a stringy bark street tree in Cowan Road. Tree 4, a Jacaranda adjacent to the railway corridor is also proposed to be retained and the driveway has been modified to allow for the root zone.

In total, the development proposes the removal of 24 trees to facilitate the development. These trees are predominately planted specimens or non indigenous species. A landscape plan has been submitted with the application that includes a range of locally native plant species, small to medium canopy trees, shrub layer and ground covers. The landscape planting schedule indicates that 192 trees are to be planted. Subject to conditions and on-going maintenance of the landscaped area, the development would achieve a landscape setting and would be acceptable with respect to the natural environment.

3.1.2 Stormwater Management

The application initially proposed to dispose of stormwater from the development by connecting into a stormwater drainage line immediately adjacent on the rail corridor land, via an on-site detention (OSD) system to control the discharge from the site. Railcorp advised that it would not provide owners consent for stormwater work within the rail corridor. It was advised that Railcorp prefers stormwater connections through the railway corridor to be consolidated for ongoing safety and management reasons.

As a result, the application was amended to dispose of the development’s stormwater via a drainage easement over the neighbouring property to the north to connect into a Council stormwater drainage line outside of the Railway corridor. This stormwater management proposal was notified to the neighbouring property owner, however consent from the owner for the easement has not been obtained. It is recommended that the application be approved as a deferred commencement requiring the easement to be obtained.

Council’s engineering assessment concludes that the proposed stormwater management 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

A Traffic and Parking Impact Assessment submitted with the proposal has estimated traffic generation of the existing site and proposed development using RMS traffic generation rates. The net traffic generation is estimated to be 20 vehicle trips per hour in the AM and PM peak hours, which is negligible when compared with the traffic volumes on the adjacent road network for this development alone. In this regard, the traffic volume on the Pacific Highway is currently in the order of 2100 AADT which is significantly less than the capacity of the road being 3800 AADT.

In the vicinity of the development site, the Pacific Highway has two travel lanes per direction. In terms of carriageway capacity, this equates to 3,800 vehicles per hour. Based on the observed traffic flows, the estimated V/C ratio or Volume to Capacity Ratio (the degree of congestion) of the Pacific Highway has been established to be less than 0.50 which is less than 50% of nominal capacity.

Council has undertaken an assessment of the overall traffic impact of the redeveloped precinct on the locality. Council’s traffic assessment notes that if all sites in the precinct are redeveloped for future housing, the existing seagull facility provided at the intersection of Pacific Highway with Cowan Road will require replacement with an alternative traffic management solution. Any works to the Pacific Highway to improve the intersection would be required to be reported to the Local Traffic Committee for approval and inclusion in Council’s Section 94 Contributions Plan.

The RMS provided comments on this application on 16 December 2013 requiring extension of the right turn bay from the Pacific Highway into Cowan Road. The applicant responded by advising that the traffic survey modelling in the Traffic and Parking Assessment Report confirms that this development proposal will not result in stacking at the intersection of the Pacific Highway and Cowan Road north bound. In response, on 22 May 2014 the RMS withdrew the requirement for this development to extend the right turn bay from the Pacific Highway into Cowan Road and provided recommended conditions that are incorporated within the conditions of consent. The RMS conditions include that there be no construction zones on the Pacific Highway, that the development be designed to mitigate against road noise and the driveway and basement design comply with the Australian Standard.

3.3 Social Impacts

The residential development would improve housing choice in the locality by providing a range of house hold types. The location of the development is in close proximity to Mount Colah Railway Station and shops allowing direct access to retail facilities and transportation.

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”.

The subject site is zoned for 5 storey apartments and the proposal involves three x 5 storey apartment buildings. The site is not identified as bushfire prone, flood prone or bushland. Consent conditions address the impact of noise from the railway corridor and Pacific Highway on the proposed apartments. The scale of the proposed development is consistent with the capability of the site and is considered acceptable.

5. PUBLIC PARTICIPATION

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

5.1 Community Consultation

The proposed development was placed on public exhibition and was notified to adjoining and nearby landowners between 26 November 2013 and 12 December 2013 in accordance with Council’s Notification and Exhibition Development Control Plan. During this period, Council received four submissions, including submissions from the North of Hornsby Resident Action Group. Following the submission of amended plans in April 2014, the application was renotified to adjoining properties and previous objectors between 6 May 2014 and 22 May 2014. During this period, Council received five submissions. An amended stormwater plan that impacted on the adjacent property to the north was notified to the neighbouring property owner from 21 August 2014 to 5 September 2014. 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
8 SUBMISSIONS RECEIVED OUT OF MAP RANGE

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

· The site should not be high density and should be rezoned for 2 storey townhouses;

· Cumulative impacts of high rise developments on bush fire safety;

· Inadequate infrastructure to support an increase in population;

· Development inconsistent with the existing character of the area;

· Impact on residential amenity including noise, visual impact and privacy;

· Excessive tree removal and inadequate tree replacement;

· Poor architectural merit, including inadequate articulation of facades and inadequate energy efficiency;

· External and internal lighting of the building should be limited;

· Asbestos impacts during the demolition phase;

· The estimated cost of work is incorrect;

· Inadequate public notification; and

· Not in the public interest.

One submission was neutral to the development and made the following observations:

· The development’s design along the northern interface and stormwater management measures should not compromise the future redevelopment at 554-558 Pacific Highway;

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 Site Unsuitable for 5 Storey Apartments

Submissions argue that the 5 storey development is inconsistent with the character of the area and the site should be rezoned for 2 storey townhouses. In this regard, concerns were raised about conflicts with the existing character of the area, bushfire safety, traffic, inadequate infrastructure, and access to services.

The Land and Environment Court planning principle regarding the “weight to be given to zoning” as described in BGP Properties Pty Limited v Lake Macquarie City Council [2004] NSWLEC 399 advises that in the ordinary course, where by its zoning land has been identified as generally suitable for a particular purpose, weight must be given to that zoning in the resolution of a dispute as to the appropriate development of any site. Part 3 of the EP&A Act provides complex provisions involving extensive public participation directed towards determining the nature and intensity of development which may be appropriate on any site. If the zoning is not given weight, the integrity of the planning process provided by the legislation would be seriously threatened. The principle further advises that in most cases it can be expected that the Court will approve an application to use a site for a purpose for which it is zoned, provided of course the design of the project results in acceptable environmental impacts.

5.1.2 Bushfire Safety

Concerns are raised that a 5 storey development on this site is contrary to advice received from the Rural Fire Service (RFS) during the rezoning of the precinct that high rise development north of Yirra Road should be avoided. Concern is raised that the density of the development achieved so far in the three development applications submitted for the area already exceeds the yields planned for the precinct. It is contended that the safety of residents living north of Yirra Road is jeopardised by the additional population in the event of an emergency. The submission contends that the determination of the development applications for Mount Colah should be deferred until the issue of safety is reconsidered in light of the increased population density being achieved in the precinct.

The dwelling targets within Council’s Housing Strategy for the precinct are not development controls for the purpose of development assessment. These targets were based on indicative yields developed in consultation with the Department of Planning and based on densities achieved for this form of development in other local government areas. The indicative dwelling yields were a mechanism to demonstrate that Council’s dwelling target would be achieved. The yield is not included as a development control in Council’s planning instruments. The proposed number of units is subject to merit assessment in accordance with the requirements of the Housing Strategy Development Control Plan and impacts on the built environment. The density of the proposed development is guided by the Housing Strategy DCP requirements for building height, setbacks, landscaping, floorplates and separations, open space and dwelling mix.

During the rezoning process the Council consulted with the NSW RFS on a number of occasions. The RFS raised concerns regarding future development north of the Yirra Road overpass, in particular the Berowra and Mt Colah commercial centre precincts, after the exhibited plan had been referred to the Department of Planning for determination and gazettal. The Department of Planning deleted the precincts of concern to the RFS prior to gazetting the Housing Strategy. Although the subject site is not designated as bushfire prone, the Council referred the development application to the RFS for advice as it was understood that the RFS had received representations from the community concerning this development application. The RFS advised that it raises no concerns in relation to bushfire, as further detailed at 5.2.3 of this report.

5.1.3 Inadequate Infrastructure

Concerns are raised that existing infrastructure is inadequate to cater for an increased population. In particular the traffic assessment did not consider the impact of the additional units when there was an emergency/ closure on the M1 and traffic was rerouted to the Pacific Highway. Other concerns raised include the adequacy of water supply, no disabled access to Mount Colah train station, inadequate train service frequency, and no supermarket in walking distance. The suitability of the locality for high density residential development was considered by the Council and the Department of Planning during the recent rezoning of the precinct. As previously identified at 5.1.1 above, weight must be given to the applicable zoning of the land in the resolution of a dispute as to the appropriate development of any site.

5.1.4 Development Inconsistent with the Existing Character of the Area

Concerns are raised that the development’s built form is not consistent with the existing village character of the area. The Land and Environment Court planning principle regarding the “assessment of height and bulk” as described in Veloshin v Randwick Council [2007] NSWLEC 428 advises that the appropriateness of a proposal’s height and bulk is most usefully assessed against planning controls related to these attributes, such as maximum height, floor space ratio, site coverage and setbacks. The planning controls for the 5 storey precinct are aimed at creating a new character for the precinct. Therefore, the planning principle requires that the development be consistent with the bulk and character intended by the planning controls. As previously discussed, the development is consistent with the desired future character for the precinct identified in the Housing Strategy Development Control Plan.

5.1.5 External and Internal Lighting of the Buildings

Concerns are raised in relation to light spill from within, and around, the new residential apartment buildings. The submission raises concern about light spill from the common stairwells, however these elements are within the core of the proposed buildings and no light spill is anticipated. A recommended condition of consent is included under Schedule 1 that requires external lighting to comply with “Australian Standard 4282 – Control of the Obtrusive Effects of Outdoor Lighting.”

5.1.6 Health and Safety of Neighbours During Demolition

A concern is raised regarding the health and safety of residents during the demolition of existing structures. A recommended condition of consent is included under Schedule 1 which required that all demolition work must be carried out in accordance with “Australian Standards 2601-2001- Demolition of Structures” and that where asbestos material is being removed, must be undertaken by a contractor that holds an appropriate license issued by WorkCover NSW in accordance with Occupational Health and Safety legislation and signage must be erected in a prominent position visible from the street.

5.1.7 Incorrect Estimated Cost of Work

Concerns are raised that the estimated cost of work advised by the applicant is incorrect and that the application should be determined by the Joint Regional Planning Panel (JRPP). In response to a request from Council, the applicant provided a report from a quantity surveyor detailing the cost of development works. The Quantity Surveyor report advises that the cost of work is $18,044,704, which is less than $20 million at which time the consent authority changes to the JRPP. The estimated cost of development works is consistent with similar scale five storey developments approved by Council.

5.1.8 Inadequate Public Notification

Concerns are raised that the notification should have stated that the development was for high rise. The application was notified in accordance with the Council’s Notification and Exhibition Development Control Plan which includes letters to adjacent neighbours, a sign on the site and an advertisement in the paper. The application was described as multi-unit residential flat building comprising 90 units which reflects the significance of the proposal.

5.2 Public Agencies

5.2.1 Roads and Maritime Service

The application was referred to the Roads and Maritime Service (RMS) pursuant to the provisions of SEPP Infrastructure as the development is sited adjacent to the Pacific Highway. The RMS initially raised concerns requiring plans to be prepared by the applicant to modify the seagull traffic device at the intersection of the Pacific Highway and Cowan Road. Subsequently, the RMS withdrew this requirement and it no longer requires any modifications to the Pacific Highway as part of this development application. A discussion on traffic management for this precinct is provided in more detail at Section 3.2.2 of this report.

5.2.2 Railcorp

The application was referred to Railcorp pursuant to the provisions of SEPP Infrastructure as the development involved excavation of land adjacent to a railway corridor. Railcorp raised no objections subject to the imposition of consent conditions relating to the development’s potential impact on the railway corridor. This included that balconies facing and within 20m of the railway corridor be enclosed and approved by Railcorp, as detailed in the following:

Given the possible likelihood of objects being dropped or thrown onto the rail corridor from balconies, windows and other external features (e.g. roof terraces and external fire escapes) that face and are within 20m of the rail corridor, the Applicant is required to install measures (e.g. awning windows, louvres, enclosed balconies etc.) which prevent the throwing of objects onto the rail corridor. The Principle Certifying Authority shall not issue the Construction Certificate until written confirmation has been received from Sydney Trains confirming that this condition has been satisfied and that the endorsed measures have been indicated on the Construction Drawings.

To provide certainty for Council on the urban design outcome achieved for the development and to minimise the impact of this recommended consent condition on the amenity of the apartments, consent condition No.3 is recommended that prescribes the location and manner in which the balconies should be enclosed. Consent condition No.3 requires the rear balconies facing and within 20metres of the railway corridor to be enclosed with glass louvres above the balustrade to a minimum height of 1.8metres above the finished floor level of the balcony. Railcorp conditions are included under the heading of “Conditions of Concurrence”.

5.2.3 Rural Fire Service

Although the subject site is not designated as bushfire prone, the Council referred the development application to the RFS for advice as it was understood that the RFS had received representations from the community concerning this development application. The RFS advised that:

The NSW Rural Fire Service (NSW RFS) acknowledges the rezoning of the site formed part of the Hornsby Shire Housing Strategy. As you would be aware, the NSW RFS previously raised significant concerns in regards to future development north of the Yirra Road overpass, in particular the Berowra and Mt Colah commercial centre precincts. It is my understanding that these two precincts have since been removed by council from the Hornsby Shire Housing Strategy.

In relation to this particular proposal, the Service has reviewed the plans and documents received and subsequently raise no concerns in relation to bush fire.

As previously indicated, the NSW RFS will continue to work closely with Council to ensure that developments in the Berowra and Mt Colah areas, in particular north of the Yirra Road overpass, are appropriately considered, to ensure the resilience of development to the effects of bush fires.

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 three detached, five storey residential flat buildings comprising 90 units and basement car parking.

The proposed development is generally in accordance with the development controls for the ‘Pacific Highway, Mount Colah’ 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 setbacks, building separation, articulation, privacy, landscaping 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.

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

Rod Pickles

Manager - Development Assessment

Planning Division

James Farrington

Group Manager

Planning Division

Attachments:

1.View	Locality Map
2.View	Site Plan
3.View	Floor Plans
4.View	Elevations
5.View	Perspectives

File Reference: DA/1096/2013

Document Number: D03234248

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. Deferred Commencement

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

a) An Easement to Drain Water is to be created over Lot 6 DP 20511 (544 Pacific Highway Mount Colah).

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

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

2. Approved Plans and Supporting Documentation

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 00 Rev A	Survey Plan	Winten Group Vietnam	Rec 30.4.4
DA 01 Rev A	Site Analysis	Winten Group Vietnam	Rec 30.4.4
DA02 Rev A	Site Plan	Winten Group Vietnam	Rec 30.4.4
DA03 Rev A	Basement B1 Plan	Winten Group Vietnam	Rec 21.10.14
DA04 Rev A	Basement B2 Plan	Winten Group Vietnam	Rec 30.4.4
DA05 Rev A	Ground Floor Plan	Winten Group Vietnam	Rec 30.4.4
DA06 Rev A	Typical Floor Plan Level 2-3	Winten Group Vietnam	Rec 30.4.4
DA07 Rev A	4^th Floor Plan	Winten Group Vietnam	Rec 30.4.4
DA08 Rev A	5^th Floor Plan	Winten Group Vietnam	Rec 30.4.4
DA09 Rev A	Roof Plan	Winten Group Vietnam	Rec 30.4.4
DA10 Rev A	Elevations Block A	Winten Group Vietnam	Rec 30.4.4
DA11 Rev A	Elevations Block A	Winten Group Vietnam	Rec 30.4.4
DA12 Rev A	Elevations Block B	Winten Group Vietnam	Rec 30.4.4
DA13 Rev A	Elevations Block B	Winten Group Vietnam	Rec 30.4.4
DA14 Rev A	Elevations Block C	Winten Group Vietnam	Rec 30.4.4
DA15 Rev A	Elevations Block C	Winten Group Vietnam	Rec 30.4.4
DA16 Rev A	Sections - Basement	Winten Group Vietnam	Rec 21.10.14
DA17 Rev A	Sections Block A	Winten Group Vietnam	Rec 30.4.4
DA18 Rev A	Sections Block B	Winten Group Vietnam	Rec 30.4.4
DA19 Rev A	Sections Block C	Winten Group Vietnam	Rec 30.4.4
DA20 Rev A	Shadow Diagram	Winten Group Vietnam	Rec 30.4.4
DA21 Rev A	Waste Management Plan	Winten Group Vietnam	Rec 30.4.14
DA22 Rev A	Communal Open Space	Winten Group Vietnam	Rec 30.4.4
DA1-2 Rev F	Landscape concept plan	Vision Dynamics	4.8.14
DA 2-2 Rev F	Plant schedule & details	Vision Dynamics	4.8.14
C13180-Sw1, Sw2, Sw3 Rev D	Stormwater Management Plan Details and Sections	CAM Consulting	25.7.14
	Detail Survey	Survey Plus	21.7.14
S01-01	Bulk Excavation Plan	MYD Engineers	30.7.14
S6-21	Ground Floor Concrete Profile Plan	MYD Engineers	30.7.14
S08-01, S08-11	Building Sections	MYD Engineers	30.7.14
S11-01 to 05	Retaining wall construction methodology	MYD Engineers	30.7.14
S6-21	Ground Floor concrete profile plan	MYD Engineers	3.4.14
S6-11	Basement 1 concrete profile plan	MYD Engineers	3.4.14
S6-01	Basement 2 Concrete Profile Plan	MYD Engineers	3.4.14
S8-01	RC Building Sections	MYD Engineers	3.4.14
S8-11	RC Building Sections Isometric Views Sheet 1	MYD Engineers	3.4.14
Convey 2X660 Rev 2	EcoPack 100 2x660	WasteTech Engineering	8.10.99

Document Title	Prepared by	Date
Statement of Environmental Effects	Chapman Planning	8.10.13
Basix Certificate No.507959M_02	Building Sustainability Solutions	4.07.14
Finished Schedule and associated colours 3D perspectives (Doc No.D02961500)	Winten Group Vietnam	4.7.14
Tree Report 550 Pacific Highway Mt Colah	Dr Treegood	March 2014
Construction Methodology Report	MYD Engineers	24.2.14
Preliminary Geotechnical Assessment	Martens Consulting Engineers	Feb 2014
Railcorp Impact Assessment (supplementary geotechnical advice	Martens Consulting Engineers	30.7.14
Waste Management Plan	Winten Group Vietnam	April 2014
Disability Access Report	Access Solutions	Oct 2013
Traffic & Parking Report	Terraffic	16.10.13
Travers Bushfire & Ecology	Travers bushfire & ecology	Sep 2013
DA Acoustic Report	Acoustic Logic	8.10.13

3. Amendment of Plans

The approved plans are to be amended as follows:

a) Reduce the width of the paved courtyard at Unit C101 and C106 to achieve a minimum 4m wide deep soil planting in the Cowan Road boundary setback. Unit C106 is to have a balcony with a minimum dimension of 2.5m and area of 12m².

b) Reduce the width of the planter adjacent to Unit C103 to ensure the paved courtyard has a minimum depth of 2.5m and area of 16m².

c) Reduce the width of the paved courtyards to Units A104 and A105 to achieve a minimum 7m wide deep soil planting to the railway corridor setback.

d) Decrease the width of the balconies at Units A203, A303, A304, to maintain a 5m wide setback to the northern (side) boundary.

e) The south elevations of Blocks A, B and C are to be amended so that the balconies, roof terraces and ground level terraces facing and located within 20 metres of the rail corridor incorporate the following design requirements:

i) A 2m high glass wall/ balustrade along the eastern elevation of all balconies at ground level;

ii) Enclosure of the eastern elevation of the upper level balconies and roof terraces on the eastern façade of the building by providing 1m high glass louver screening (maximum 80 mm opening) on top of the 1m high balustrade.

f) The roof terrace on Block C is to be reduced to maintain a 20m setback to the railway corridor and as a result not require enclosure as per 3(e) above.

g) Provide a total of 9 resident parking spaces designed for people with a disability as per AS2890.6, and 2 motorcycle parking spaces.

4. Removal of Existing Trees

This development consent does not permit the removal of Trees numbered 1,4,9,24,25 and 26 as identified in the Tree Report by Dr Treegood dated March 2014.

5. Construction Certificate

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

REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

6. Section 94 Development Contributions

In accordance with Section 80A(1) of the Environmental Planning and Assessment Act 1979 and the Hornsby Shire Council Section 94 Development Contributions Plan 2012-2021, the following monetary contributions shall be paid to Council to cater for the increased demand for community infrastructure resulting from the development:

Description	Contribution (4)
Roads	$43,591.50
Open Space and Recreation	$1,187,542.20
Community Facilities	$165,604.00
Plan Preparation and Administration	$4,977.10
TOTAL	$1,401,714.80

being for 12 x 1 bed, 68 x 2 bed and 10 x 3 bed units and a credit for 7 existing lots.

a) The value of this contribution is current as at 17 October 2014. If the contributions are not paid within the financial quarter that this condition was generated, 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 applicable in this Development Consent Condition.

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.

7. Building Code of Australia

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

8. Contract of Insurance (Residential Building Work)

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

9. Water/Electricity Utility Services

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

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

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

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

10. Accessible Units

The development is required to provide 27 units designed as adaptable housing pursuant to the requirements of 1C.2.2 of the Hornsby Development Control Plan. In this regard nine (9) car parking spaces are to be designed for people with a disability and allocated to 9 adaptable units. The details of all adaptable units must be provided with the Construction Certificate plans.

11. Waste Design

The space available for each waste facility on each residential level must be sufficient for the garbage chute (including chute entry hopper, noise insulation etc.) and the 240 L recycling bin. Details must be submitted with the Construction Certificate plans.

12. Dilapidation Report

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

13. Noise – Rail Corridor

The development must be carried out in accordance with the recommendations contained within the acoustic report submitted with the development application, titled, prepared by Acoustic Logic and dated 8/10/2013 and the requirements of the Department of Planning’s Development Near Rail Corridors and Busy Roads – Interim Guideline and RailCorp’s Interim Guidelines for Applicants.

Note: The Department of Planning’s document is available at www.planning.nsw.gov.au (development assessments). The RailCorp document is available at www.railcorp.nsw.gov.au/publications.

14. 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 detailing construction vehicle routes, number of trucks, hours of operation, access arrangements and traffic control

e) Traffic management plans.

f) Pedestrian and cyclist access/safety.

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

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.

18. 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.

19. Tree Protection Barriers

Tree protection fencing must be erected around trees identified for protection at their specified setback as specified below. The tree fencing must be constructed of 1.8 metre ‘cyclone chainmesh fence’ or star pickets spaced at 2 metre intervals, connected by a continuous high-visibility barrier/hazard mesh at a height of 1 metre.

TREE NUMBER	TPZ
T1, T4	4 metres
T24, T25	8 metres
T 26	10 metres
T9	12 metres

REQUIREMENTS DURING CONSTRUCTION

20. 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.

21. 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.

22. Environmental Management

The site must be managed in accordance with the publication ‘Managing Urban Stormwater – Landcom (March 2004) and the Protection of the Environment Operations Act 1997 by way of implementing appropriate measures to prevent sediment run-off, excessive dust, noise or odour emanating from the site during the construction of the development.

23. 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.

24. 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.

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. Works Near Trees

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

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

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

29. 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) 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.

30. Construction Vehicles

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

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

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

31. Fulfilment of BASIX Commitments

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

32. Sydney Water – s73 Certificate

An s73 Certificate must be obtained from Sydney Water.

33. 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 the existing piped drainage system within No 544 Pacific Highway

b) A Construction Certificate is to be issued for these works

34. On Site Stormwater Detention

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

a) Have a capacity of not less than 85 cubic metres, and a maximum discharge (when full) of 128 litres per second.

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

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

d) Not be constructed on a location that would impact upon the visual or recreational amenity of residents

e) A Construction Certificate is to be issued for these works.

35. Internal Driveway/Vehicular Areas

The driveway and parking areas on site must be designed in accordance with Australian Standards 2890.1, 2890.2, 3727, Hornsby Shire Councils Civil Works Specification and the following requirements:

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

b) The driveway must be a rigid pavement;

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

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

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

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

g) Parking in the basement is to be allocated to the units in accordance with the following minimum parking rates:

i) 1 bed units - 0.75 car spaces/ unit (average)

ii) 2 bed units – 1 car space/ unit

iii) 3 bed units – 1.5 car spaces/ unit (average)

iv) Visitors – 13 car spaces and 2 motorcycle spaces

36. Footpath

A concrete footpath must be constructed along the full frontage of the subject site in the Pacific Highway and Cowan Road in accordance Council’s Civil Works Design and Construction Specification 2005 and the following requirements:

a) The existing footpath being removed.

b) The consent of Hornsby Shire Council under Section 138 of the Roads Act is to be obtained prior to any works occurring.

c) The land adjoining the footpath to be fully turfed.

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

37. Road Works

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

a) The existing kerb and gutter (including the kerb return) in Cowan Road is to be removed and a new kerb and gutter (including kerb return) is to be constructed. The new kerb and gutter is to be located centrally within the road reserve and is to provide for an 11m width between the face of kerbs.

b) A half road cul de sac is to be constructed at the Eastern end of Cowan Road adjacent to the railway corridor. The cul de sac shall be 15m in diameter. The construction shall include half road construction within the cul de sac bulb. All road pavements shall be designed and constructed in accordance with Councils Civil Works Specification.

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

d) The submission of a compaction certificate from a geotechnical engineer for any fill within road reserves, and all road sub-grade and road pavement materials.

e) No work is to commence within the road reserve until approval under Section 138 of the Roads Act is obtained from Hornsby Shire Council.

38. Damage to Council Assets

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

39. Creation of Easements

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

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

b) To register the OSD easement, the restriction on the use of land “works-as-executed” details of the on-site-detention system must be submitted verifying that the required storage and discharge rates have been constructed in accordance with the design requirements. The details must show the invert levels of the 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. The “work as executed” plans are to be supported by an engineer’s certificate certifying that the OSD system has been constructed to function hydraulically in accordance with the requirements of this consent.

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

40. Works as Executed Plan

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

41. Consolidation of Allotments

All allotments the subject of this consent must be consolidated into one allotment prior to the issue of the Occupation Certificate.

Note: The applicant is recommended to submit the plan of subdivision to consolidate allotments to the NSW Department of Lands at least 4-6 weeks prior to seeking an occupation certificate.

42. 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.

43. Waste Management

The following waste management requirements must be complied with:

a) The garbage rooms 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) A report(s) must be prepared by a registered surveyor and submitted to the principal certifying authority prior to the issue of the Subdivision/Occupation Certificate, certifying that the finished access way (including ramp, loading bay and site entry/exit) to be used by waste collection vehicles, complies with Australian Standard AS2890.2-2002 Parking Facilities Part 2: Off-street Commercial Vehicle Facilities for small rigid vehicles.

d) 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.

e) 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.

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

Note: Ramps between different levels are acceptable.

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

Note: Caging of the volume handling equipment is acceptable.

h) “No Parking” signs must be installed to prevent cars parking in the loading bay.

44. Landscaping

The following matter(s) must be incorporated in the approved landscaping:

a) 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 soil for trees and palms and 75mm mulch to ensure sustainable landscape is achieved.

b) Retaining Walls

Revise retaining wall heights adjacent to communal paths between Buildings A and B to reflect an approximate height above pavement of 700mm.

c) Courtyard Paving

Reduce the width of the paved courtyard at Units C101 and C106 to achieve a minimum 4 metre wide deep soil planting in the Cowan Road boundary setback.

Reduce the width of the paved courtyards to Units A104 and A105 to achieve a minimum 7 metre wide deep soil planting to the railway corridor setback.

d) Fencing

Fences to the primary and secondary frontages (along the Pacific Highway and Cowan Road) are to retain visual transparency (not lapped / solid) and be 1.2 metres in height.

A gate is to be used to screen the substation that is compatible with the fencing installed along the property boundary.

e) Tree Planting Along Railway Corridor

The tree planting to the rear of Building A is to be relocated to be setback 2.5 metres from the railway corridor boundary to minimise the potential for the new tree canopy to encroach over the boundary.

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. Installation of Privacy Devices

The following device(s) must be installed to maintain an element of privacy towards the adjoining property:

a) The sill heights of the following windows to be increased to a minimum height of 1.5 metres above finished floor;

Block A:

A201 (Bed 1, Bed 2), A202 (Bed 1), A204 (Bed 1, Bed 2)

A301 (Bed 1, Bed 2), A302 (Bed 1), A304 (Bed 1, Bed 2)

A401 (Bed 1, Bed 2), A402 (Bed 1), A404 (Bed 1, Bed 2)

A502 (Bed 2)

Block B:

B201 (living east), B202 (Bed 1) B204 (Bed 2), B205 (Bed 2), B206 (Bed 1)

B301 (living east), B302 (Bed 1) B304 (Bed 2), B305 (Bed 2), B306 (Bed 1)

B401 (living east), B402 (Bed 1), B404 (Bed 2), B405 (Bed 2), B406 (Bed 1)

Block C:

C205 (Bed 1), C206 (Bed1)

C305 (Bed 1), C306 (Bed1)

C405 (Bed 1), C406 (Bed 1)

b) A (1.7 to 2.2) metre high privacy screen is to be erected in the following locations to minimise a direct line of sight to the adjacent property to the north. The screen must have no individual openings more than 30mm wide and have a total of all openings less than 30% of the surface area of the screen:

i) along the northern facade adjacent to the principle private open space/ balcony of Unit A203, A303, A304, A501, A502.

47. Storage

Each dwelling within the development must be provided and allocated a minimum area for storage (not including bedroom and kitchen cupboards) of 6m³ for one bedroom units, 8m³ for two bedroom units and 10m³ for three bedroom units, where 50% is required to be located within the apartment and accessible from either the hall or living area and the balance provided in the basement.

48. Installation of Air Conditioner

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

49. 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.

50. Safety and Security

This 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 areas 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 parking 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 limited to watering, weeding, replacement of failed plant material and promoting the growth of plants through standard industry practices.

52. 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 cars do not park in the loading bay and that all residents are informed of the use of the waste management system.

53. Car Park

The operation of the basement car park must be in accordance with the following requirements:

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

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

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

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

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

f) Two motorcycle parking spaces are to be provided and are to be designed in accordance with AS 2890.5-1993.

54. Landscape Establishment

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

55. 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).

56. Fire Safety Statement – Annual

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

CONDITIONS OF CONCURRENCE - RAILCORP

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

A1. Prior to the issuing of a Construction Certificate, the Applicant shall submit the following documentation to Sydney Trains for review and endorsement:

· Revised Geotechnical Report to be undertaken following the demolition of structures on the site. This revised report is to be based on new boreholes at a number of locations closest to the rail corridor boundary. The revised report is to also include information rock strength and ground profiles.

· Revised Structural Drawings based on the Revised Geotechnical Report.

· Revised plans and section drawings showing above ground structures such as light poles, overhead wiring structures and the proposed building superstructures shown. The relative distances between the building superstructure and rail assets should be reviewed to assess compliance to the following requirements from RailCorp Standard ESC 380 - External Developments.

o Clause 5.7, Minimum clearances to overhead transmission lines in accordance with RailCorp's electrical engineering standards.

o Clause 5.11, Structures shall comply with derailment protection requirements as per AS5100-Bridge design. The alignment of boundary wall suggests that derailment requirements were not considered.

· Revised impact assessment that quantifies (e.g. via a numerical assessment) the associated impacts of the development on the rail corridor, track and infrastructure. This revised assessment is to be based on the revised geotechnical report.

· Revised monitoring plan. (It is recommended that the trial monitoring should include monitoring excavation of medium to high strength rock at the base of the excavation. The monitoring results should be forwarded to Sydney Trains for assessment of additional monitoring requirements, prior to bulk excavation).

· Machinery to be used during excavation/construction.

The Principle Certifying Authority is not to issue the Construction Certificate until it has received written confirmation from Sydney Trains that this condition has been complied with.

A2. All piling and excavation works with 25m of the rail corridor are to be supervised by a geotechnical engineer experience with such excavation projects.

A3. No rock anchors/bolts are to be installed into Sydney Trains property or easements.

A4. Prior to the commencement of works, the Applicant shall peg-out the common boundary with Sydney Trains property and/or easement to ensure that there is no encroachment. This work is to be undertaken by a registered surveyor.

A5. If required by Sydney Trains, prior to the commencement of works, the Applicant shall identify via survey or services search rail services along the rail corridor and undertake an assessment of the excavation induced impact on these services.

A6. Prior to the commencement of works, and following the dilapidations survey of the retaining wall, the Applicant is to submit to Sydney Trains a final track/ground/retaining wall movement Monitoring Plan for endorsement. Works shall not commence until Sydney Trains has issued its written endorsement to the Monitoring Plan. The monitoring plan is to be in place until the end of construction works. Monitoring results are to be assessed by a geotechnical consultant and submitted to Sydney Trains for review on a two weekly basis during excavation and monthly during construction phases.

A7. Prior to the commencement of works and prior to the issue of the Occupation Certificate, a joint inspection of the rail infrastructure and property in the vicinity of the project (including Sydney Trains retaining wall) is to be carried out by representatives from Sydney Trains and the Applicant. These dilapidation surveys will establish the extent of any existing damage and enable any deterioration during construction to be observed. The submission of a detailed dilapidation report will be required unless otherwise notified by Sydney Trains. In relation to the brick retaining wall the dilapidation survey is to be undertaken twice weekly and on completion of works in addition to the above requirements. Any new cracking is not acceptable and any widening of any existing cracking must not exceed 2mm.

A8. An acoustic assessment is to be submitted to Council prior to the issue of a construction certificate demonstrating how the proposed development will comply with the Department of Planning’s document titled “Development Near Rail Corridors and Busy Roads- Interim Guidelines”.

A9. Prior to the issue of a Construction Certificate the Applicant is to engage an Electrolysis Expert to prepare a report on the Electrolysis Risk to the development from stray currents. The Applicant must incorporate in the development all the measures recommended in the report to control that risk. A copy of the report is to be provided to the Principle Certifying Authority with the application for a Construction Certificate.

A10. The design, installation and use of lights, signs and reflective materials, whether permanent or temporary, which are (or from which reflected light might be) visible from the rail corridor must limit glare and reflectivity to the satisfaction of Sydney Trains.

The Principle Certifying Authority shall not issue the Construction Certificate until written confirmation has been received from Sydney Trains confirming that this condition has been satisfied.

A11. Given the possible likelihood of objects being dropped or thrown onto the rail corridor from balconies, windows and other external features (e.g. roof terraces and external fire escapes) that face and are within 20m of the rail corridor, the Applicant is required to install measures (e.g. awning windows, louvres, enclosed balconies etc.) which prevent the throwing of objects onto the rail corridor. The Principle Certifying Authority shall not issue the Construction Certificate until written confirmation has been received from Sydney Trains confirming that this condition has been satisfied and that the endorsed measures have been indicated on the Construction Drawings.

A12. Prior to the issue of a Construction Certificate a Risk Assessment, Rail Safety Management Plan, and detailed Safe Work Method Statements (SWMS) for the proposed works are to be submitted to Sydney Trains for review and comment on the impacts on rail corridor (these documents should also assess the impact on Sydney Trains 33kV cable within Grosvenor Street). The Principle Certifying Authority shall not issue the Construction Certificate until written confirmation has been received from Sydney Trains confirming that this condition has been satisfied.

A13. No metal ladders, tapes and plant/machinery, or conductive material are to be used within 6 horizontal metres of any live electrical equipment. This applies to the train pantographs and 1500V catenary, contact and pull-off wires of the adjacent tracks, and to any high voltage aerial supplies within or adjacent to the rail corridor.

A14. The Applicant is to obtain Sydney Trains endorsement prior to the installation of any hoarding or scaffolding facing the common boundary with the rail corridor.

A15. Prior to the issuing of a Construction Certificate the Applicant is to submit to Sydney Trains a plan showing all craneage and other aerial operations for the development and must comply with all Sydney Trains requirements. The Principle Certifying Authority shall not issue the Construction Certificate until written confirmation has been received from Sydney Trains confirming that this condition has been satisfied.

A16. The development must be designed and constructed so that supporting elements comply with the redundancy requirements or the minimum collision loads specified in Australian Standard AS5100. Prior to the issue of a Construction Certificate the Applicant is to provide Sydney Trains with a report from a qualified structural engineer demonstrating that the structural design of the development satisfies the requirements of AS5100. The Principle Certifying Authority shall not issue the Construction Certificate until it has received written confirmation from Sydney Trains that it has received this report and the Principle Certifying Authority has also confirmed that the measures recommended in engineers report have been indicated on the Construction Drawings.

A17. If required by Sydney Trains, prior to the issue of a Construction Certificate the Applicant must hold current public liability insurance cover for a sum to be determined by Sydney Trains. This insurance shall not contain any exclusion in relation to works on or near the rail corridor, rail infrastructure. The Applicant is to contact Sydney Trains Rail Corridor Management Group to obtain the level of insurance required for this particular proposal. Prior to issuing the Construction Certificate the Principle Certifying Authority must witness written proof from Sydney Trains the level of insurance required, and if insurance is required, that this insurance is in place.

A18. Prior to the commencement of works the Applicant shall obtain Sydney Trains advice regarding the adequacy of the existing fencing along the rail corridor to prevent access to the rail corridor during these works. Should Sydney Trains determine that fencing needs to be augmented in order to comply with this requirement then this shall be undertaken in accordance with the Sydney Trains requirements.

A19. Prior to the issuing of an Occupation Certificate the Applicant shall obtain Sydney Trains advice regarding the appropriateness and adequacy of the fencing for the intended use of the site in order to prevent access to the rail corridor. Should the fencing need to be augmented or replaced in order to comply with this requirement then this shall be undertaken in accordance with Sydney Trains requirements.

A20. Rainwater from the roof must not be projected and/or falling into the rail corridor and must be piped down the face of the building which faces the rail corridor.

A21. There is a need to ensure that the roots and foliage of trees being planted beside the rail corridor do not have an impact on the rail corridor. The development’s landscaping and planting plan should be submitted to Sydney Trains for review.

A22. The proponent must provide a plan of how future maintenance of the development facing the rail corridor is to be undertaken. The maintenance plan is to be submitted to Sydney Trains prior to the issuing of the Occupancy Certificate. The Principle Certifying Authority shall not issue an Occupation Certificate until written confirmation has been received from Sydney Trains advising that the maintenance plan has been prepared to its satisfaction.

A23. Drainage shall be installed in accordance with Drawing No. C13180 – SW2, Revision D dated 25/07/2014 prepared by CAM Consulting.

A24. Prior to the issuing of an Occupation Certificate the Applicant is to submit the as-built drawings to Sydney Trains and Council. The as-built drawings are to be endorsed by a Registered Surveyor confirming that there has been no encroachment into Sydney Trains property or easement.

The Principle Certifying Authority is not to issue the Occupation Certificate until written confirmation has been received from Sydney Trains confirming that this condition has been satisfied.

- END OF CONDITIONS -

ADVISORY NOTES

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

Environmental Planning and Assessment Act 1979 Requirements

The Environmental Planning and Assessment Act 1979 requires:

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

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

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

· Mandatory inspections of nominated stages of the construction inspected.

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

Long Service Levy

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

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

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

Tree and Vegetation Preservation

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

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

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

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

Disability Discrimination Act

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

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 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. PL79/14

Planning Division

Date of Meeting: 12/11/2014

17 DEVELOPMENT APPLICATION - FIVE STOREY RESIDENTIAL FLAT BUILDING COMPRISING 35 UNITS - 12 AND 14 CARLINGFORD ROAD, EPPING

EXECUTIVE SUMMARY

DA No:	DA/797/2014 (Lodged 18 July 2014)
Description:	Five storey residential flat building comprising 35 units and 2 levels of basement car parking
Property:	Lot 13 and 14 DP 10899, Nos. 12 and 14 Carlingford Road, Epping
Applicant:	Dickson Rothschild
Owner:	Ms Jingmei Cheng, Mr Yinghao Cao and Ms Chin Ha Fung
Estimated Value:	$8,585,860
Ward:	C

· The application proposes the demolition of existing structures and construction of a five storey residential flat building comprising 35 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.

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

· It is recommended that the application be approved.

RECOMMENDATION

THAT Development Application No. DA/797/2014 for demolition of existing structures and construction of a five storey residential flat building comprising 35 units with basement car parking at Lots 13 and 14 DP 10899, Nos. 12 and 14 Carlingford Road, Epping be approved subject to the conditions of consent detailed in Schedule 1 of Group Manager’s Report No. PL79/14.

BACKGROUND

The site forms part of the Epping Urban Activation Precinct (Epping UAP).

On 14 March 2014, the Department of Planning and Environment finalised amendments to the Hornsby Local Environmental Plan 2013 (HLEP 2013) to implement the Epping UAP via State Environmental Planning Policy (Epping Town Centre) 2013 (“the SEPP Amendment”).

The Epping Town Centre amendments to the HLEP 2013 involved rezoning of low density residential areas for the purpose of medium to high density residential and mixed use developments. The site is within the Cliff Road, Epping Precinct which was rezoned to R4 (High Density Residential) to permit residential flat buildings to a height of 5 to 8 storeys.

Amendments to the HDCP were consequently prepared by Council to translate design controls recommended by the Department of Planning and Environment and provided planning controls to be read in conjunction with the HLEP 2013 amendments. The DCP amendments have been exhibited and endorsed by Council on 8 October 2014.

A pre-lodgement meeting was held between Council officers and the applicant to discuss the design, prior to lodgement of the application. At the meeting, concerns were raised by Council regarding the proposed design in terms of building form, building separation and privacy and setbacks.

SITE

The site comprises two allotments, Nos. 12 and 14 Carlingford Road and is located on the northern side of the road, with the nearest cross street being Cliff Road to the east. The site is located approximately 300 metres north west of Epping Railway Station and Epping Town Centre. The site is regular in shape with an area of 1,706m². The site has a frontage to Carlingford Road of 36.58m and a depth of 46.66m. The site has a gentle slope of 6% from the western side property boundary to the south eastern corner of the site.

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

The site comprises a number of exotic, native planted trees and locally indigenous trees located predominantly at the rear of the site.

The site is within a precinct identified for redevelopment for five to eight storey residential flat buildings. The existing surrounding development includes single and two storey residential dwellings to the north, east and west and medium density housing on the southern side of Carlingford Road.

PROPOSAL

The proposal involves the demolition of existing structures on the site and the construction of a five storey residential flat building comprising 35 units over two levels of basement car parking.

The unit mix would consist of 4 x 1 bedroom, 3 x 1 bedroom and study, 24 x 2 bedroom and 4 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 Carlingford Road via a driveway located adjacent to the eastern property boundary of the site. A total of 42 residential car parking spaces, including 5 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

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 subject land is located to utilise existing public transportation including Epping Railway Station. The proposed development would be consistent with the Metropolitan Plan for Sydney 2031 by providing 33 additional dwellings and would contribute to housing choice in the locality.

2. STATUTORY CONTROLS

2.1 Hornsby Shire Local Environmental Plan 2013

2.1.1 Land Use Zones and Permissibility

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

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

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

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

The development proposed is a high density residential development and complies with the zone objectives. The proposed development is defined as a “Residential flat building” under the HLEP and is permissible in the zone with Council’s consent.

2.1.2 Height of Buildings

2.1.3 Heritage Conservation

Clause 5.10 of the HLEP sets out heritage conservation provisions for Hornsby Shire. The site is located in the vicinity of Rosebank Avenue (Epping) Heritage Conservation Area. However, the proposed development would not have any negative impact on the heritage significance of the heritage conservation area as the site does not immediately adjoin the conservation area as it is separated by Cliff Road and located over 115m south west of the dwellings within the heritage conservation area. The application is assessed as satisfactory in this regard.

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 that the proposed development achieves the design principles of SEPP 65. An assessment against the design principles has been included in the Statement of Environmental Effects. The design principles of SEPP 65 are addressed below:

2.3.1 Principle 1 – Context

Design Principle 1 is as follows:

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

The subject site is located within a precinct zoned for five to eight storey residential flat buildings in close proximity to Epping Town Centre. The desired future character of the area, as outlined in the Hornsby Development Control Plan 2013 (HDCP), is that of a high density residential precinct incorporating five to eight 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.

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

2.3.3 Principle 3 – Built Form

Design Principle 3 is as follows:

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

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

The proposed building is well articulated on each elevation with a juxtaposition of vertical and horizontal elements with appropriate building indentations and balcony projections. The materials proposed are a combination of masonry, aluminium, timber and glass with white and natural earthy tones. A flat roof and an increased top storey setback minimise the 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).

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.

2.3.6 Principle 6 – Landscape

Design Principle 6 is as follows:

The application includes a landscape concept plan providing landscaping along the street frontage, side and rear boundaries. The proposal does not require the removal of any significant trees and seeks to retain large trees on site, where possible. Additionally, large trees are proposed along the street frontage intercepted by shrubs and hedges which would soften the appearance of the development when viewed from the street. A 1.2m high sandstone retaining wall/fence is proposed along the front property boundary which is complementary to the proposed landscaping. Deep soil zones are provided around the building envelope to the front, west and rear which would enhance the natural environmental performance of the development and provide an appropriate landscaped setting.

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

2.3.7 Principle 7 – Amenity

Design Principle 7 is as follows:

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

The proposed units are designed to achieve natural ventilation, solar access and acoustic privacy. All units incorporate balconies accessible from living areas and privacy has been achieved through appropriate design. Subject to conditions, appropriate storage areas would be provided in each unit. This is addressed in Section 2.4.6. The proposal would provide convenient and safe access via a central lift connecting the basement and all other levels. The proposal satisfies the ‘Amenity’ principle of SEPP 65.

2.3.8 Principle 8 – Safety and Security

Design Principle 8 is as follows:

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

A Crime Risk Assessment Report has been submitted with the application which includes an assessment of the development against crime prevention controls including Surveillance, Access Control, Territorial Reinforcement, and Space Management. The proposed design provides for secure gated entries, clear sightlines and passive surveillance of the public domain from both ground level and upper level residential apartments, key fob system for access, intercom and swipe system entry to basement, effective lighting and attractive landscaping.

Appropriate conditions of consent for building security are recommended for the safety and security of the proposed development. Subject to the imposition of conditions, the proposal is supported in respect of safety and security.

2.3.9 Principle 9 – Social Dimensions and Housing Affordability

Design Principle 9 is as follows:

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

New development should 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:

The architectural treatment of the building is consistent with the design principles contained within the RFDC and HDCP. The aesthetic quality of the building would contribute to the desired future character of the precinct. The details of the assessment of the built form and the aesthetics of the development are contained in Section 2.10 of this report.

2.4 SEPP 65 – Residential Flat Design Code

Residential Flat Design Code
Control	Proposed	Requirement	Compliance
Deep Soil Zone	33%	25%	Yes
Communal Open Space	25%	25%	Yes
Ground Level Private Open Space	26m² <4m depth	25m² 4m min depth	Yes No
Minimum Dwelling Size	1 br – 50m² – 55m² 2 br – 70m² – 90m² 3 br – 95m²–100m²	1 br – 50m² 2 br – 70m² 3 br – 95m²	Yes Yes Yes
Maximum Distance to Back of the Kitchen	Kitchen distance for all units is less than 8m	8m max	Yes
Minimum Balcony Depth	2m	2m	Yes
Ceiling Heights – Residential Floors	2.7m	2.7m	Yes
Total Storage Area	1 br - > 6m³ 2 br - > 8m³ 3 br - > 10m³ > 50% accessible from the apartments (except for 3 bedroom units) Basement storage = 194m³	1 br - > 6m³ 2 br - > 8m³ 3 br - > 10m³ > 50% accessible from the apartments Basement storage required = 137m³	Yes No Yes
Dual Aspect and Cross Ventilation	65%	>60%	Yes
Adaptable Housing	31%	10%	Yes
Units Accessed from a Single Corridor	8	8	Yes
Single Aspect South Facing Units	8.6%	10% max	Yes
Kitchen with Access to Natural Ventilation	25%	25% min	Yes

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

2.4.1 Building Separation

The RFDC requires a building separation of 12m between the unscreened habitable areas or balconies increasing to 18m from the fifth level, for two residential buildings on adjoining sites. The eastern and western facades of the proposed development do not comply with this requirement. The matter is discussed in Section 2.10 of this report.

2.4.2 Ground Floor Apartments and Private Open Space

The proposal does not comply with the Code’s best practice for the 4 metre minimum width dimension for ground floor open spaces, however complies with the 25m² ground level private open space requirement. Notwithstanding, the proposed ground floor terraces and balconies are considered appropriate for the respective ground floor units in respect to dwelling size, aspect, unit configuration and amenity. Furthermore, the non-compliance is in response to the requirement of the HDCP for communal open space to provide a landscape setting for the development.
The numerical non-compliance is considered minor and is acceptable.

2.4.3 Apartment Layout

Eleven of the single aspect units have a depth ranging from 9m to 11m which does not comply with the better design practice guidelines for single aspect apartments to be limited in depth to 8m from a window. However, the spaces that exceed this required depth are utilised for thoroughfare, laundry or storage. All habitable spaces such as kitchens, living spaces and bedrooms do not exceed a depth of 8m from a window. The proposed development includes a mix of single aspect and corner units including one, two and three bedroom apartments. The apartment sizes range to address the Code’s requirements for affordable housing and well-organised, functional and high quality apartment layouts. The majority of units would be well ventilated and some corner units would be provided with dual aspect balconies. In this regard, adequate ventilation and solar access is provided for each unit and the minor non-compliance is considered acceptable.

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

2.4.4 Internal Circulation

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

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

2.4.5 Acoustic Privacy

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

2.4.6 Storage

The storage areas are provided at the basement levels and additional storage areas are also provided within the apartments. The space provided in the basement exceeds that required by the RFDC and the area schedule submitted denotes that 50% of internal storage areas are accessible from the apartments except for 3 bedroom units which have a shortfall of between 0.55m³ to 0.64m³. In this regard, a condition of consent is recommended requiring the floor plans to be amended to include internal storage areas for the 3 bedroom units in accordance with the size requirements of the Code.

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

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)

2.7 State Environmental Planning Policy (Infrastructure) 2007

The application has been assessed against the requirements of State Environmental Planning Policy (Infrastructure) 2007. This Policy contains State-wide planning controls for developments adjoining busy roads. The development is located immediately adjoining a classified road corridor (Carlingford Road) and the following matters have been considered in this regard:

2.7.1 Development with Frontage to a Classified Road

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

Council’s assessment of the proposal concludes that the existing driveway complies with AS/NZS 2890.1:2004 and the location of the driveway is satisfactory. The proposed development was referred to the NSW Roads and Maritime Services (RMS) for concurrence under Section 138 of the Roads Act 1993. No objections have been raised regarding the driveway location. RMS requires the provision of a 6m wide driveway facilitating two way vehicle flows from the entrance of the site to the basement level. The proposal provides a 6.9m wide driveway and complies with this requirement. Council’s engineering assessment in this regard concludes that the width of the driveway is satisfactory. RMS supports the left in and left out access arrangement which has been designed with splayed driveways.

RMS also comments that the driveway and turning areas should be designed to cater for light and heavy vehicles. However, Council requires Small Rigid Vehicle access only for such developments fronting Carlingford Road. The proposal complies with this requirement and is assessed as satisfactory.

2.7.2 Impact of Noise

The RMS advises that the development should be designed to mitigate the traffic noise and vibration from Carlingford Road by using durable materials to satisfy the requirements for habitable rooms under Clause 102(3) of State Environmental Planning Policy (Infrastructure) 2007.

Notwithstanding the above, the application includes an Acoustic Report which provides details of construction techniques and measures to attenuate road noise and vibration and concludes that the development would not exceed the specified noise criteria and LA_eqlevels within Clause 102 of the SEPP (Infrastructure) subject to adherence to the recommendations. The report has been assessed as satisfactory.

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

2.7.3 Traffic Generating Development

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

2.8 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005

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

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 subject to conditions, 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.

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

2.10 Hornsby Development Control Plan 2013

The site is subject to the amendments relating to the Epping UAP within the Hornsby Development Control Plan 2013 (HDCP).

The proposed development has been assessed having regard to the relevant performance and prescriptive requirements within Part 1 and “Section 3.4--Residential Flat Building (5 storeys)” of the Hornsby Development Control Plan 2013 (HDCP) as well as the amendments to the HDCP regarding Epping UAP that are relevant to the site.

The following table sets out the proposal’s compliance with the relevant provisions of the Plan:

Hornsby Development Control Plan 2013

Control

Proposal

Requirement

Compliance

Site Width

36.58m

30m (min)

Yes

Height

5 storeys + mezzanine – 17.5m

5 storeys – 17.5m

Yes

Maximum Floorplate Dimension

32m (N-S)

28m (E-W)

35m

Yes

Height of Basement Above Ground

0.6m

1m (max)

Yes

Front Setback

(Carlingford Road)

10m

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

7m (balconies)

10m

8m < 1/3 of frontage (9.3m length)

7m (balconies)

Yes

Rear Setback

10m

8.5m (for 8m length) < 1/3 frontage

7m (balconies)

10m

8m < 1/3 frontage (9.3m length)

7m (balconies)

Yes

Eastern Side Setback

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

5m (balconies)

4m (for 7m length) < 1.3 frontage (ground floor)

3m (balconies – ground floor)

4m < 1/3 frontage (10.7m length)

6m (balconies)

4m < 1/3 frontage (10.7m length)

4m (balconies)

Yes

Western Side Setback

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

5m (balconies)

4m (for 7m length) < 1.3 frontage (ground floor)

3m (balconies – ground floor)

4m < 1/3 frontage (10.7m length)

6m (balconies)

4m < 1/3 frontage (10.7m length)

4m (balconies)

Yes

Top Storey Setback From Ground Floor

3m additional provided except for front and rear setback

Front (S) – 2m for a building length of 4m

Rear (N) – 1m for a building length of 2m

3m additional

Yes, with negligible encroachments to front and rear setbacks.

Underground Parking Setback

7m – front

7m – rear

2m – eastern side

4m – western side

7m front and rear

4m sides

Yes

Basement Ramp Setback

Yes

Deep Soil Landscaped Areas

7 m front

7m rear

3m - 4m sides

7m front and rear

4m sides

Yes

Private Open Space with Min Width 2.5m

1 br units >10m²

2 br units >12m²

3 br units >16m²

1 br units 10m² (min)

2 br units 12m² (min)

3 br units 16m² (min)

Yes

Communal Open Space with Minimum Dimension of 2.5m

50m² (min)

Yes

Parking (Site within 800m of Railway Station)

42 resident spaces

5 visitor spaces

7 bicycle spaces for residents

4 bicycle spaces for visitors

1 motorbike space

41 resident spaces

5 visitor spaces

7 bicycle spaces for residents

4 bicycle spaces for visitors

1 motorbike space

Yes

Solar Access

71% units receive 2 hours

At least 2 hours to Communal Open Space

70% units receive 2 hours

2 hours to Communal Open Space

Yes

Housing Choice

1 br unit – 20%

2 br unit – 69%

3 br unit – 11%

10% of each type (min)

Yes

Adaptable Units

31%

30%

Yes

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

2.10.1 Desired Future Character

The site is included in the Cliff Road, Epping Precinct which was rezoned from R2 (Low Density Residential) to R4 (High Density Residential) Zone recently.

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

2.10.2 Design Quality – SEPP 65

The proposed development is designed in accordance with the design principles of SEPP 65 except the building separation on the southern side. Refer to discussion in Sections 2.3 and 2.4.

2.10.3 Site Requirements

The HDCP requires sites to have a minimum frontage of 30 metres. The subject site has a frontage of 36.58m to Carlingford Road and complies with this requirement. Whilst three lots exist to the east of the site, the number of lots fronting Carlingford Road within the Cliff Road Epping precinct is uneven. Therefore a three lot amalgamation is inevitable. In this regard, the proposal would not result in an isolated site or compromise development in accordance with the HDCP.

2.10.4 Height Requirements

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

2.10.5 Setbacks

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

Eastern Side

The east facing primary living areas and balconies on levels 1 to 3 encroach within the 6m side boundary setback which does not comply with the requirements of the RFDC and HDCP. However, privacy mitigation measures such as fixed louvres are proposed for those sections of the balconies and living room windows, which would have a setback of 4m – 5m from the boundary. The east facing ground floor balcony serving Unit 6 is setback 2m from the eastern side property boundary. However, this width contains a 1m wide trafficable area, a 1m wide raised planter box and a 1.8m high property boundary fence would mitigate any privacy impacts to adjoining properties.

The proposed setbacks on the eastern side are assessed as satisfactory with regard to the HDCP design principles of SEPP 65.

Western Side

An 8.6m section of the building (up to the fourth level) is located at a setback of 4m which is less than 1/3 of the building length (10m) which complies with the requirements of the RFDC and HDCP. However, the primary living areas and corner balconies are setback within 4m - 5m from the western side property boundary which encroach within the 6m side boundary setback requirement. Notwithstanding, privacy mitigation measures such as fixed louvres are proposed for those sections of the balconies and living room windows that encroach within the required side setbacks.

The west facing ground floor balconies serving units 2, 3 and 4 are setback 2.5m from the western side property boundary. However, 4m wide deep soil landscaping (2.5m wide communal landscaping and 1.5m wide private landscaping) is provided along the western setback. In addition, mitigation measures such as a raised landscaped area is provided along the western edge of the balconies and a 1.8m high boundary fence would be constructed along the western property boundary. The western elevation incorporates a 4m x 4m indentation, horizontal and vertical blade elements, interesting fenestration and wrap around balconies and is therefore considered to be well articulated. The non-compliances are also orientated to the sides and would not have any negative impact on the streetscape. As such, the numerical non-compliances to the side setbacks requirement are considered to be minor when compared to the overall scale of the building.

Basement Setback

The eastern basement setback is 2m which does not comply with the 4m requirement of the HDCP. However, the driveway is located along the eastern property boundary at a 2m setback. To ensure that adequate turning areas are provided for vehicles, the northern end of the basement would also be required to be setback at 2m. As adequate deep soil landscaping is provided within the front, rear and western side boundaries, the non-compliance is considered to be acceptable.

Top Storey Setback

The majority of the building incorporates a 3m building setback for the top storey on all sides. The front top storey setback is 2m for a building length of 4m and the rear top storey setback is 1m for a building length of 2m. As the building design provides 4m x 4m indentations on each elevation, a balanced juxtaposition of horizontal and vertical blade elements, interesting fenestration and wrap around balconies, the overall building is considered to be well articulated. In this regard, the minor top storey setbacks are considered to be acceptable.

2.10.6 Deep Soil Landscaping

The landscaping provisions of the HDCP prescribes that a 7m wide landscaped area is to be provided at the front and a 4m wide landscaped area is provided along the side boundaries. The proposal does not comply with these controls in that the basement and a balcony encroach within the eastern side setback by 2m and the emergency stairs encroach within the western side setback by 500mm.

The 2m basement and balcony encroachment within the eastern side setback is addressed in Section 2.10.5 above. The submitted landscape plan indicates that an additional planter has been provided along the eastern edge of the building above the basement to provide for planting in this area. The plan indicates that medium sized evergreen trees including 5 x Elaeocarpus reticulatus (Blue Berry Ash) and 7 x Ceratopetalum gummiferum (NSW Christmas Bush) which grow to a mature height of 8m and 5m respectively, are proposed to be planted within the 2m setback. This complies with the HDCP requirement that trees that reach a mature height of at least 6m to 7m be provided in the side setbacks.

The minor encroachment of 500mm for the emergency stairs exists for a length of 4m. The submitted landscape plan indicates that 6 x Elaeocarpus reticulatus (Blue Berry Ash) medium sized trees which grow to a mature height of 8m would be planted along the western side setback. The extent of hard stand areas are confined to the western 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 setback and achieves an appropriate landscape setting. In this regard, the non-compliance is considered to be acceptable.

Below ground on-site detention (OSD) tanks are to be provided at the front, south eastern corner of the site within the deep soil area and driveway. The tanks have been located in an appropriate location considering the slope of the site and Council’s existing street drainage system on Carlingford Road. Notwithstanding the location of the OSD, the front landscaped areas include turf and planting areas. Additional landscape screening and a 1.2m high retaining wall/fence is proposed to be provided along the Carlingford Road frontage to soften the appearance of the building.

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

2.10.7 Building Articulation

Indentation

The proposed building has a maximum floorplate of 32m (North to South) which complies with the required maximum floorplate dimension of 35m in the HDCP. The proposal includes a 4m x 4m indentation on each elevation which complies with the HDCP.

Articulation

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

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

· The facades have been divided into vertical ‘panels’, no wider than 8m except for a 9m wide panel on the eastern and western elevations. However, these panels face the side and are visually separated by vertical louvres across the alignment of the exterior walls. The non-compliance is considered to be minor and would not impact upon the front façade which achieves the desired articulation.

· The minimalist facade treatment, interesting fenestration, wrap around balconies, vertical and horizontal blade elements, stepped levels of the building, flat roof and large proportion of openings at the topmost storey minimises the bulk and scale and would contribute to the streetscape of Carlingford Road.

· The building would incorporate a varied use of finishes including masonry, stonework, glass, aluminium, timber, planter boxes on balconies and white and neutral colour palette.

The design of the floorplates, the proposed indentations and the articulation of the facades has been addressed as satisfactory.

2.10.8 Open Space

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

All units would achieve the prescriptive open space area requirements of 10m² for 1 bedroom units, 12m² for 2 bedroom units and 16m² for 3 bedroom units.

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

2.10.9 Privacy and Security

A number of balconies and primary living areas would front the side boundaries. However, privacy louvres are proposed for the balconies and living room windows which do not numerically achieve the separation requirements as per SEPP 65 or the HDCP. The ground floor balconies fronting the communal open space would be suitably screened by a 1.5m high fence. Highlight windows are proposed in many sections of the building to alleviate overlooking opportunities.

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

2.10.10 Sunlight and Ventilation

The application 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 development on adjoining sites. The applicant submits that 71% 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.

2.10.11 Housing Choice

The proposed development includes a mix of one, two and three bedroom units and adaptable housing units which complies with the prescriptive measures. A total of 11 out of 35 units are proposed as adaptable units which exceeds the 30% requirement of the HDCP. The proposal complies with the prescriptive measures of the HDCP and the RFDC.

2.10.12 Vehicle Access and Parking

The proposed car parking complies with the required spaces for residents and visitor spaces and provides for 1 motor cycle space. The proposed basement car park is over two levels and is accessed via a 6.9m wide driveway from Carlingford Road. The driveway width, ramp gradients and aisle widths are assessed as satisfactory. The basement level includes sufficient storage areas for residents and bicycle parking areas and complies with the prescriptive measures of the HDCP.

2.10.13 Cliff Road, Epping Precinct

The strategy for redevelopment of this precinct is to incorporate five to eight 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 Cliff Road, Epping Precinct.

The proposal maintains setbacks generally in accordance with the HDCP. The development would provide for a landscaped setting and a built-form that is consistent with the desired future outcome for the Cliff Road, Epping Precinct.

2.10.14 Stormwater Management

The development would connect to Council’s drainage system located in Carlingford Road via a combined onsite detention and rainwater tank located at the front of the site to control the discharge of water from the site. Council’s engineering assessment concludes that subject to conditions recommended in Schedule 1, the OSD and stormwater management system would minimise the effects of flooding and maintain natural environmental flows. Additionally, subject to sediment and erosion control measures being implemented on site during construction, the proposal would comply with the desired outcomes of the HDCP.

2.10.15 Waste Management

The proposal includes a waste management plan with details of waste management during the Construction Stage and Use and on-going management. However, further details are required prior to the issue of a Construction Certificate as included in Schedule 1 of this report.

A garbage chute and a recycling bin are provided on each level. For 35 dwellings, the development would require 3 x 660L garbage bins serviced twice weekly, 8 x 240L recycling bins serviced weekly and 1 x 660L cardboard/paper bin. The basement bin room is of sufficient size to house the required number of bins. Volume handling equipment arrangements have also been provided. A 3 x 660L bin linear is shown on the plans and is considered acceptable. A bulky waste storage area of more than 8m² is shown on the plans. All bin transfers between the waste facility on each level and the basement garbage are to be carried out by the site caretaker.

The proposal includes the bin collection area in the basement. The sections of driveway/access way that will be used by waste collection vehicles will need to be designed in accordance with AS 2890.2-2002 Parking Facilities Part 2: Off-street commercial vehicle facilities. Vehicle turning paths have been provided and the loading bay complies with AS 2890.2-2002 and an SRV is able to turn around in a three point turn which is considered acceptable. Whilst the waste collection vehicle will protrude from the loading bay, the Traffic Report submitted demonstrates that cars can safely pass the truck in the loading bay and allows for a convex mirror to assist drivers seeing the parked truck.

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

2.10.16 Accessible Design

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

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

2.10.17 Tree and Vegetation Preservation

The proposed development does not include the removal of any significant trees. Seven exotic trees would be removed from the site. Subject to conditions requiring replanting, the proposal would provide adequate tree canopy areas required within the precinct. This is addressed under Section 3.1 of this report.

2.11 Section 94 Contribution Plans

Hornsby Shire Council Section 94 Development Contributions Plan 2012-2021 applies to the development as it would result in the addition of 33 residential units in lieu of the two existing residences. Accordingly, the requirement for 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 proposed development would necessitate the removal of 7 trees from the site. None of these trees are considered to be significant. Trees numbered 2 C.Leglandii Leighton’s Green (Leighton’s Green Conifer), 3 C.Leglandii Leighton’s Green (Leighton’s Green Conifer) 4 C.Leglandii Leighton’s Green (Leighton’s Green Conifer), 5 Cedrus deodara (Himalayan Cedar), 6 Jacaranda mimosifolia (Jacaranda), 7 Acer negundo (Box elder) and 9 Roystonea oleracea (Royal Palm) are exotic species and are exempt from the Tree and Vegetation Preservation Chapter of the HDCP. Tree numbered 8 Arancaria columnaris (Cook Pine) is also an exotic species but is located on the adjoining property at No. 9 Cliff Road. The Arborist report submitted indicates that the proposed development would not impact within the tree’s full Tree Protection Zone.

Council’s Tree Assessment does not raise objection to the proposed removal of exotic trees, subject to replacement planting in accordance with the submitted landscape plan that includes a range of locally native plant species to achieve canopy trees, a shrub layer and ground covers. The landscaping of the site has been discussed in Section 2.10.6 of this report. Subject to conditions and on-going maintenance of the landscaped areas, the development would achieve a landscape setting and would be acceptable with respect to natural environment.

The proposal is acceptable in relation to the natural environment.

3.1.2 Stormwater Management

The development proposes to connect to Council’s drainage system located in Carlingford Road via a combined below ground on-site detention (OSD) and rainwater tank located at the front, south eastern corner of the site. Council’s engineering assessment concludes that the OSD system is satisfactory, subject to conditions recommended in Schedule 1. Consent conditions have also been recommended requiring the design to comply with the water quality targets as specified in Section 1C.1.2 Stormwater Management of the HDCP and following the completion of the development, a certificate from a suitably qualified engineer is to be submitted to the PCA confirming that the water quality targets have been met.

3.2 Built Environment

3.2.1 Built Form

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

3.2.2 Traffic

The proposed development would result in 33 additional units and is not classified as a traffic generating development. Council has undertaken an assessment of the likely traffic to be generated due to the proposed development using RMS Traffic generation rates. The traffic generation of the proposal is estimated to be 10 vehicles per hour in the peak period, which is negligible in comparison with the traffic volumes on the surrounding road network.

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

3.3 Social Impacts

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

3.4 Economic Impacts

The proposal would result in a positive 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 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 30 July 2014 and 13 August 2014 in accordance with Council’s Notification and Exhibition Development Control Plan. During this period, Council received 1 submission. 3 submissions were received after the notification period. The map below illustrates the location of the nearby landowners who made a submission.

NOTIFICATION PLAN

• PROPERTIES NOTIFIED

X SUBMISSIONS

RECEIVED

PROPERTY SUBJECT OF DEVELOPMENT

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

· Unacceptable traffic on local streets;

· Unacceptable overshadowing of adjoining properties;

· Unacceptable noise and disruption from construction;

· Dissatisfaction with the rezoning of the Epping Urban Activation Precinct;

· Devaluation of adjoining properties; and

· Isolation of sites on Carlingford Road and Cliff Road within the Cliff Road, Epping Precinct.

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

5.1.1 Unacceptable Noise and Disruption from Construction

Conditions have been recommended requiring the all noise generated by the development to 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) and that the construction hours (including demolition and earth works) must only occur between 7am and 5pm Monday to Saturday, in accordance with Interim Construction Noise Guidelines 2009 – NSW Department of Environment and Climate Change and no work is to be undertaken on Sundays or public holidays.

5.1.2 Overshadowing

The submitted shadow diagrams demonstrate that north facing windows of the dwelling and the private open space area at No. 16 Carlingford Road would receive overshadowing between 9am to 12pm, during the Winter Solstice. However, solar access would be provided for at least 3 hours during 12pm to 3pm. The properties fronting Carlingford Road form part of the Cliff Road, Epping High Density Housing Precinct and are likely to be subject to future development.

5.1.3 Dissatisfaction with the Rezoning of the Epping Urban Activation Precinct

The Epping Urban Activation Precinct is part of a Growth Infrastructure Plan prepared and implemented by the State Government to provide greater housing choices, increased amenities, services and improved public spaces to support the inevitable growth of Sydney. The Plan included a detailed study on the identification of centres, selection of precincts and evaluation of precincts under close consultation with the community and Councils.

5.1.4 Devaluation of Adjoining Properties

A concern was raised with regard to the devaluation of adjoining properties and requests that Council impose a condition delaying construction works for 12 months to allow the adjoining property owner at No. 16 Carlingford Road to sell their property.

It is acknowledged that there may be an adjustment to the development value of adjoining properties as a result of the NSW State Government’s Epping Urban Activation Precinct program. However, the request to delay constructions works to allow the adjoining property owner to sell their property is unwarranted. Under the current Freehold tenure system, landowners may redevelop land on the basis of own individual decisions. Under the Environmental Planning and Assessment Act, 1979, matters of consideration are limited to the likely impacts of the development in regards to the natural environment, social and economic impacts.

5.1.5 Isolation of Sites

A concern was raised with regard to the isolation of adjoining properties within the Cliff Road, Epping precinct including No. 10 Carlingford Road and Nos. 5 and 5A Cliff Road, Epping. As indicated in Part 2.10.3 Site Requirements, three lots exist to the east of the site including No. 10 Carlingford Road. The number of lots fronting Carlingford Road and Cliff Road within the Cliff Road Epping precinct is uneven. Therefore, a three lot amalgamation is inevitable. Opportunity still exists to amalgamate No. 10 Carlingford Road with Nos. 6 and 8 Carlingford Road. With regard to No. 5 and 5A Cliff Road, opportunity still exists to amalgamate these lots with Nos. 1, 1B and 3 Cliff Road. In this regard, the proposal would not result in an isolated site or compromise development in accordance with the HDCP.

5.2 Public Agencies

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

5.2.1 Roads and Maritime Services

The application was referred to the Roads and Maritime Services (RMS) for comments under the provisions of Section 138 of the Roads Act 1993. RMS raises no objections subject to the implementation of recommended conditions of consent. The matters have been discussed in Sections 2.10 and 3.2 of this report.

6. THE PUBLIC INTEREST

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

CONCLUSION

The application seeks approval for the demolition of existing structures and the construction of a five storey residential flat building comprising 35 units with basement car parking. The proposed development would be located on a site within a locality zoned as a high density precinct.

The proposed development is generally in accordance with the development controls for the ‘Cliff Road, Epping’ Precinct of the Hornsby Development Control Plan and would contribute to the future desired five to eight storey residential character of the precinct. The minor non-compliance with prescriptive measures for setbacks and landscaping are considered acceptable. The proposal complies in respect to the Hornsby Local Environmental Plan 2013, 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
6.View	Shadow Plans

File Reference: DA/797/2014

Document Number: D03821799

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
DA-101 Rev 1	Site Analysis A	Dickson Rothschild	7/7/2014
DA-102 Rev 2	Site Analysis A	Dickson Rothschild	7/7/2014
DA-103 Rev 1	Demolition Plan	Dickson Rothschild	7/7/2014
DA-200 Rev 3	Basement Plan 2	Dickson Rothschild	29/9/2014
DA-201 Rev 5	Basement Plan 1	Dickson Rothschild	29/9/2014
DA-202 Rev 4	Ground Level Floor Plan	Dickson Rothschild	8/10/2014
DA-203 Rev 3	Level 1 Floor Plan	Dickson Rothschild	8/10/2014
DA-204 Rev 3	Level 2 Floor Plan	Dickson Rothschild	8/10/2014
DA-205 Rev 3	Level 3 Floor Plan	Dickson Rothschild	8/10/2014
DA-206 Rev 4	Level 4 Floor Plan	Dickson Rothschild	10/10/2014
DA-207 Rev 3	Mezzanine Floor Plan	Dickson Rothschild	10/10/2014
DA-208 Rev 1	Roof Plan	Dickson Rothschild	7/7/2014
DA-300 Rev 2	Section A	Dickson Rothschild	8/10/2014
DA-301 Rev 3	Section B	Dickson Rothschild	8/10/2014
DA-302 Rev 3	Section C	Dickson Rothschild	8/10/2014
DA-400 Rev 3	South & North Elevations	Dickson Rothschild	8/10/2014
DA-401 Rev 3	West & East Elevations	Dickson Rothschild	8/10/2014
DA-701 Rev 2	Adaptable Units Type 3 & 4	Dickson Rothschild	8/10/2014
DA-802 Rev 1	Solar & Cross Ventilation Plan Level 1	Dickson Rothschild	7/7/2014
DA-803 Rev 1	Solar & Cross Ventilation Plan Level 2	Dickson Rothschild	7/7/2014
DA-804 Rev 1	Solar & Cross Ventilation Plan Level 3	Dickson Rothschild	7/7/2014
DA-805 Rev 1	Solar & Cross Ventilation Plan Level 4 and Mezzanine	Dickson Rothschild	7/7/2014
DA-810 Rev 1	Winter Solstice Shadow Diagram	Dickson Rothschild	7/7/2014
DA-900 Rev 2	Garbage Room Detail	Dickson Rothschild	20/9/2014
LP01 Issue C	Landscape Plan	SITEDESIGN + STUDIOS	22/9/2014

Document Title	Prepared by	Date
Statement of Environmental Effects	Dickson Rothschild	17/7/2014
SEPP 65 Design Verification Statement	Dickson Rothschild	17/7/2014
Traffic and Parking Impact Assessment	McLaren Traffic Engineering	10/7/2014
Acoustic Report	Renzo Tonin & Associates	4/7/2014
DA Report Building Services	Cundall	July 2014
BCA Report	VIC LILLI & Partners Consultants	7/7/2014
Waste Management Plan	Elephants Foot Recycling Solutions	July 2014
BASIX Certificate No. 560571M	Gradwell Consulting	16/7/2014
Arboricultural Impact Assessment	Advanced Treescape Consulting	23/6/2014
Statement of Compliance Access for People with a Disability	Accessible Building Solutions	16/7/2014
Crime Prevention Report	Dickson Rothschild	9/7/2014
Schedule of Finishes	Dickson Rothschild	7/7/2014

2. Removal of Existing Trees

This development consent only permits the removal of tree(s) as identified on the Site Plan with Trees Appendix 1, in the Arboricultural Impact Assessment, prepared by Advanced Treescape Consulting, dated 23/6/2014. The removal of any other trees requires separate approval in accordance with the Tree and Vegetation Chapter 1B.6 Hornsby Development Control Plan (HDCP).

3. Amendment of Plans

The approved plans are to be amended as follows:

a) The internal storage areas for each unit must have a minimum volume of 2m³ for 1 bedroom units, 4m³ for 2 bedroom units and 5m³ for 3 bedroom units in accordance with the requirements of the RFDC.

4. Construction Certificate

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

REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

5. Section 94 Developer Contributions

Description	Contribution (4)
Roads	$18,227.75
Open Space and Recreation	$324,265.30
Community Facilities	$45,215.45
Plan Preparation and Administration	$1,337.15
TOTAL	$389,045.65

being for 7 x 1 bedroom units, 24 x 2 bedroom units and 4 x 3 bedroom units and including a credit for 2 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.

6. Building Code of Australia

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

7. Contract of Insurance (Residential Building Work)

8. Notification of Home Building Act, 1989 Requirements

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

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

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

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

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

i) The name of the owner-builder; and

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

Note: If arrangements for doing the residential building work are changed while the work is in progress so that the information notified becomes out of date, further work must not be carried out unless the principal certifying authority for the development to which the work relates (not being Council) has given Council written notification of the updated information.

9. Water/Electricity Utility Services

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

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

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

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

10. Dilapidation Report

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

11. Adaptable Units

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

12. Letter Boxes

The details of the letter boxes must be provided with the Construction Certificate Plans. The letter boxes must be provided with a minimum setback of 2m from the front property boundary.

13. 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.

14. Stormwater Drainage

a) Connected directly to the street drainage system in Carlingford Road via the proposed on site detention system.

b) Be in accordance with the requirements of the RMS. The design shall comply with the water quality targets as specified in the Hornsby Development Control Plan.

c) Following the completion of the development, a Certificate from a suitably qualified engineer is to be submitted to the PCA confirming that the water quality targets have been met.

15. On-Site Stormwater Detention

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

a) Have a capacity of not less than 65 cubic metres, and a maximum discharge (when full) of 12.3 litres per second.

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

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

16. Internal Driveway/Vehicular Areas

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

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

b) The driveway must be a rigid pavement;

c) The driveway grade must not exceed 16.7% and changes in grade must not exceed 8 percent;

d) The driveway grade for the first 6m inside the property boundary shall not exceed 5%.

17. Footpath

A concrete footpath must be constructed along the full frontage of the subject site in accordance with Council’s Civil Works Design and Construction Specification 2005 and the following requirements:

a) The existing footpath being removed.

b) Pouring of the concrete footpath to the full frontage of the subject site.

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

d) No work is to commence on the road reserve without obtaining written consent from Hornsby Shire Council in accordance with Section 138 of the Roads Act.

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

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.

19. Traffic Control Plan

a) Arrangements for public notification of the works.

b) Temporary construction signage.

c) Permanent post-construction signage.

d) Vehicle movement plans.

e) Traffic management plans.

f) Pedestrian and cyclist access/safety.

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

20. 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.

21. 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.

22. 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.

23. 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.

24. 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.

25. Tree Protection Barriers

Tree protection fencing must be in accordance with the Arboricultural Impact Assessment, prepared by Advanced Treescape Consulting, dated 23/6/2014, Sections 5.4, 5.5 and 6.

REQUIREMENTS DURING CONSTRUCTION

26. 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.

27. Environmental Management

28. Street Sweeping

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

29. Demolition

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

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

30. Works Near Trees

Works near trees must be carried out in accordance with the Arboricultural Impact Assessment, prepared by Advanced Treescape Consulting, dated 23/6/2014, Sections 5.4, 6.1, 6.2, 6.3, 6.4 and 6.5.

31. 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 record 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.

32. Council Property

33. Disturbance of Existing Site

34. 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.

35. Excavated Material

36. 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.

37. Fulfilment of BASIX Commitments

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

38. Sydney Water – s73 Certificate

An s73 Certificate must be obtained from Sydney Water.

39. Maintain Canopy Cover

Replacement planting must be in accordance with the approved Landscape Plan, prepared by SITEDESIGN+STUDIOS, Drawing No. LP01, dated 10/7/2014.

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

40. 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.

41. Completion of Landscaping

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

42. Garbage Collection Easement

43. Waste Management Details

The following waste management requirements must be complied with:

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

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

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

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

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

Note: If the 60% diversion from landfill cannot be achieved in the Construction Stage, the Report is to include the reasons why this occurred and certify that appropriate work practices were employed to implement the approved Waste Management Plan. The Report must be based on documentary evidence such as tipping dockets/receipts from recycling depots, transfer stations and landfills, audits of procedures etc. which are to be attached to the report.

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

c) Each unit must be provided with an indoor waste/recycling cupboard for the interim storage of a minimum on 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) “No parking” signs must be erected to prohibit parking in the waste collection vehicle turning area and loading area.

g) A report(s) must be prepared by a registered surveyor and submitted to the principal certifying authority prior to the issue of the Subdivision/Occupation Certificate, certifying that: The finished access way (including ramp, vehicle turning area, loading bay and site entry/exit) to be used by waste collection vehicles, complies with Australian Standard AS 2890.2-2002 Parking Facilities Part 2: Off-street Commercial Vehicle Facilities for small rigid vehicles with minimum design vehicle dimensions of 6.4m overall length, width of 2.3m, with maximum gradient of 1:6.5 and minimum 3.5 m clearance height.

h) The 3.5m clearance height within the waste collection vehicle travel path must be reduced by ducting, pipes or anything else.

44. Consolidation of Allotments

Lots 13 and 14 of DP 10899 are to be consolidated into one allotment prior to the issue of the Occupation Certificate.

45. Damage to Council Assets

46. Creation of Easements

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

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

47. Works as Executed Plan

48. Retaining Walls

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

49. Boundary Fencing

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

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

50. External Lighting

51. Unit Numbering

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

52. Safety and Security

The site must include safety and security measures as recommended in the submitted Crime Prevention Report, prepared by Dickson Rothschild dated 9 July 2014 and the following elements:

a) 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.

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

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

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

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

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

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

OPERATIONAL CONDITIONS

53. 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;

54. Landscaping

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

55. Residential Car Parking

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

56. Visitor Access

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

57. Disabled Parking

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

58. Bicycle Parking

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

59. Motorcycle Parking

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

60. Landscape Establishment

The landscape works must be maintained into the future to ensure the establishment and successful growth of plant material to meet the intent of the landscape design. This must include but not be limited to watering, weeding, replacement of failed plant material and promoting the growth of plants through standard industry practices.

61. 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, managing the communal composting area, managing the bulky item storage area, arranging the prompt removal of dumped rubbish, and ensuring all residents are informed of the use of the waste management system.

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

62. Noise

63. Fire Safety Statement – Annual

CONDITIONS OF CONCURRENCE – ROADS & MARITIME SERVICES

64. The redundant driveway on Carlingford Road shall be removed and replaced with kerb and gutter to match the existing kerb and gutter.

65. The design and construction of the kerb and gutter crossings on Carlingford Road shall be in accordance with the Roads and Maritime requirements. Details of these requirements should be obtained from Roads and Maritime Project Services Manager, Traffic Projects Section, Parramatta (telephone 88492138).

Detailed design plans of the proposed kerb and gutter crossing are to be submitted to Roads and Maritime for approval prior to the commencement of any road works.

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

66. The layout of the proposed car parking areas associated with the subject development (including driveways, grades, turn paths, sight distance requirements, aisle widths, aisle lengths, and parking bay dimensions) should be in accordance with AS 2890.1-2004 and AS 2890.2-2002 for heavy vehicle usage.

67. A construction zone will not be permitted on Carlingford Road.

68. The developer is to submit design drawings and documents relating to the excavation of the site and support structures to Roads and Maritime for assessment, in accordance with Technical Direction GTD2012/001.

The developer is to submit all documentation at least six (6) weeks prior to commencement of construction and is to meet the full cost of the assessment by Roads and Maritime.

The report and any enquiries should be forwarded to:

Project Engineer, External Works

Sydney Asset Management

Roads and Maritime Services

PO Box 973 Parramatta CBD 2124.

Telephone: 8849 2114

Fax: 8849 2766

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

69. Post development storm water discharge from the subject site into the Roads and Maritime drainage system must not exceed the pre-development discharge.

70. The proposed development must be designed such that road traffic noise from Carlingford Road is mitigated by durable materials in order to satisfy the requirements for habitable rooms under Clause 102(3) of State Environmental Planning Policy (Infrastructure) 2007.

- END OF CONDITIONS -

ADVISORY NOTES

Environmental Planning and Assessment Act 1979 Requirements

The Environmental Planning and Assessment Act 1979 requires:

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

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

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

· Mandatory inspections of nominated stages of the construction inspected.

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

Long Service Levy

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

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

Tree and Vegetation Preservation

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

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

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

Disability Discrimination Act

Dial Before You Dig

Telecommunications Act 1997 (Commonwealth)

Asbestos Warning

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

www.environment.nsw.gov.au

www.nsw.gov.au/fibro

www.adfa.org.au

www.workcover.nsw.gov.au

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

House/Unit Numbering

Group Manager’s Report No. PL76/14

Planning Division

Date of Meeting: 12/11/2014

18 DEVELOPMENT APPLICATION - ALTERATIONS AND ADDITIONS TO A DWELLING-HOUSE - 65 BORONIA AVENUE, CHELTENHAM

EXECUTIVE SUMMARY

DA No:	DA/898/2014 (Lodged 8 August 2014)
Description:	Alterations and additions to a dwelling-house
Property:	Lot 5, DP 29186, No. 65 Boronia Avenue, Cheltenham
Applicant:	Mr Harkirat Singh Dhindsa
Owners:	Mr Harkirat Singh Dhindsa and Mrs Daljit Kaur Dhindsa
Estimated Value:	$375,000
Ward:	C

· The application proposes alterations and additions to a dwelling-house.

· The proposal generally complies with the Hornsby Local Environmental Plan 2013 and the Hornsby Development Control Plan 2013.

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

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

· It is recommended that the application be approved.

RECOMMENDATION

THAT Development Application No. DA/898/2014 for alterations and additions to a dwelling-house at Lot 5, DP 29186, No. 65 Boronia Avenue Cheltenham be approved, subject to the conditions of consent detailed in Schedule 1 of Group Manager’s Report No. PL76/14.

SITE

The 910.5m² site is located on the northern side of Boronia Avenue, Cheltenham. The site experiences an average fall of 10% to the south and contains a part 1 and part 2 storey dwelling-house.

The site does not contain a heritage listed item and is not within the vicinity of a heritage listed item. The site is located within the Beecroft/Cheltenham Heritage Conservation Area – Precinct 1 – Beecroft/Cheltenham Plateau.

The site is not bushfire prone or flood prone.

Surrounding development in the immediate area is typified by an eclectic blend of one and two storey post-war era dwelling-houses surrounded by well-established gardens and landscaped areas. Front fencing, if erected, is low in height and modest in design.

PROPOSAL

The application proposes alterations and additions to a dwelling-house including a double storey addition to the front elevation and a first floor addition to the existing single storey element of the dwelling-house.

The lower ground floor of the dwelling-house would comprise a double space garage and a lobby.

The ground floor would comprise a foyer, lounge room, living room, two bathrooms, kitchen, walk-in pantry, laundry, and games room with a bar.

A covered area would be located at the rear of the dwelling-house adjacent to the living rooms with a detached garden store room and toilet.

The first floor would consist of a master bedroom with a walk-in wardrobe and an en-suite, three bedrooms with en-suite, guest bedroom, bathroom, toilet and a ‘gallery’. One bedroom and the guest bedroom would each have access to a balcony.

Eleven trees would be impacted or removed as part of this application.

ASSESSMENT

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, Ku-ring-gai, Manly, Warringah and Pittwater Local Government Areas. The Draft North Subregional Strategy acted as a framework for Council in its preparation of the HLEP 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; and

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

The proposed development would be consistent with the Metropolitan Plan for Sydney 2031 by providing renewed housing stock for a growing population.

2. STATUTORY CONTROLS

2.1 Hornsby Shire Local Environmental Plan 2013

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

(a) To provide for the housing needs of the community within a low density residential environment; and

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

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

2.1.1 Clause 4.3 – 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 site is 8.5 metres. The dwelling-house would have a maximum height of 7.8 metres above natural ground level, which complies with this requirement.

2.1.2 Clause 5.10 – Heritage Conservation

The site is located within the Beecroft/Cheltenham Heritage Conservation Area. The proposal was considered by Council’s Heritage Advisory Committee and no objections were raised, subject to conditions. This issue is addressed is more detail in Section 2.6.5 of this report.

2.2 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 – NSW Housing Code

The application has been assessed against the requirements of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 – NSW Housing Code. The Policy provides exempt and complying development codes that have State-wide application. The Policy identifies types of development that are of minimal environmental impact that may be carried out without the need for development consent and types of complying development (including dwelling-houses) that may be carried out in accordance with a complying development certificate.

The proposed dwelling-house cannot be approved as Complying Development, as the subject site is identified within the Beecroft/Cheltenham Heritage Conservation Area. For this reasons, the proposal is precluded from being assessed as complying development.

The proposal would otherwise comply with the requirements of the NSW Housing Code except for the north-western boundary setbacks, front setbacks, first floor balcony areas, and earthworks.

The NSW Housing Code’s requirement for side setbacks on a site with a width of 18m to 24m states “(i) for any part of the building with a height of up to 4.5m-1.5m, and (ii) for any part of the building with a height of more than 4.5m-1.5 plus one-quarter of the height of the building above 4.5m”. To comply with the NSW Housing Code, the ground floor must be setback 1.5 metres, and the first floor must be set back 2.125m from the side boundaries. The application proposes setbacks of 925mm for ground floor elements and 925mm-1.285m for first floor elements.

The NSW Housing Code’s requirement for setbacks from a road requires “the average distance of the setbacks of the nearest 2 dwelling-houses having the same primary road boundary and located within 40m of the lot on which the dwelling-house is erected”. The average setback of the adjoining properties, No. 63 and No. 67 Boronia Avenue is approximately 15 metres. The application proposes a front setback of 9 metres.

The NSW Housing Code’s states that “The total floor area of all balconies, decks, patios, terraces and verandahs on a lot must not be more than 12m² if: (a) any part of the structure is within 6m from a side or the rear boundary, and (b) the structure has any point of its finished floor level more than 2m above ground level (existing)”. The proposal would include three balconies with a total of 43m² which meet the criteria of the NSW Housing Code.

The NSW Housing Code states that “Excavation for the purposes of development…must not exceed a maximum depth measured at ground level (existing) of: (a) if located not more than 1m from any boundary—1m, and (b) if located more than 1m but not more than 1.5m from any boundary—2m, and (c) if located more than 1.5m from any boundary—3m”. The application indicates a maximum excavation of 1.8 metres within 1m of the north-western boundary to allow for the stairway from the double garage to the living spaces on the ground floor.

2.3 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005

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

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

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

The application has been assessed against the requirements of State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004. The proposal includes BASIX Certificate No. A195009 for alterations and additions and is considered to be satisfactory with respect to SEPP BASIX.

2.5 Section 94A Environmental Planning and Assessment Act 1979 – Fixed Development Consent Levies

Section 94A contribution fees are payable as the development is for alterations and additions to residential accommodation with a cost of works greater than $100,001. Should the application be approved, an appropriate condition of consent is recommended requiring the payment of a contribution in accordance with Council’s Contributions plan.

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

2.7 Hornsby Development Control Plan 2013

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

HDCP – Part 3.1 Dwelling-Houses
Control	Proposal	Requirement	Complies
Site Area	910.5m²	N/A	N/A
Building Height	7.8m	8.5m	Yes
Storeys	2 storeys	2 storeys + attic	Yes
Site Coverage	34%	max 40%	Yes
Floor Area	406m²	430m²	Yes
Setbacks
- Front (Boronia Ave)	9m	7.6m	Yes
- Side (north-west)
- Ground floor	925mm	900mm	Yes
- First floor	925mm-1.285m	1.5m	No
- Side (south-east)
- Ground floor	2.17m	900mm	Yes
- First floor	900m (existing)	1.5m	No
- Rear (north-east)
- Ground floor	17.9m	3m	Yes
- First floor	20.2m	8m	Yes
Landscaped Area	58%	min 40%	Yes
Private Open Space - minimum area - minimum dimension	>60m² 5.7m	24m² 3m	Yes Yes
Car Parking	2 spaces	2 spaces	Yes

As detailed in the above table, the proposed development generally complies with the prescriptive requirements within HDCP other than setbacks at the first floor level. The matters of non-compliance are detailed below, as well as a brief discussion on compliance with relevant performance requirements.

2.7.1 Scale

The desired outcome of the Scale element is to encourage “development with a height, bulk and scale that is compatible with a low density residential environment.”

The application would result in a 7.8 metre high, two storey, split level dwelling-house. The lower ground floor would comprise a double garage, the ground floor comprises mainly living areas and the first floor consists of primarily bedrooms and bathrooms.

The Scale element prescribes a maximum of 2 storeys and an attic for dwelling-houses. A storey, as defined by the HDCP, “means a space within a building that is situated between one floor level and the floor level next above, or if there is no floor above, the ceiling or roof above, but does not include: (a) a space that contains only a lift shaft, stairway or meter room, or (b) a mezzanine, or (c) an attic”.

In this instance, a section of the dwelling-house would have three floor levels; however the lowest level comprise the stairway leading from the double garage only and is not defined a ‘storey’.

The dwelling-house when viewed from the north-western and south-eastern elevations would not present as a three storey dwelling-house and is considered acceptable.

The first floor of the existing dwelling-house is set back 9 metres from the front boundary. To minimise the bulk and scale of the dwelling-house when viewed from Boronia Avenue the proposed double garage would be set back 9.8 metres from the front boundary, with the ground floor lounge room set back 11.6 metres and the first floor en-suite setback 16 metres.

The ridge height of the adjoining properties, No. 63 Boronia Avenue is RL 106.9 and RL 104.36 for the dwelling-house at No. 67 Boronia Avenue as identified on the submitted site plan. The final ridge height of the dwelling-house on the subject site would be RL 108.29 which is 1.39 metres higher than No. 63 and 3.93 metres higher than No. 67. In this instance, the comparisons are made between single storey dwelling-houses at No. 63 and No. 67 and a proposed double storey dwelling-house at the subject site.

Council’s Heritage Advisory Committee agreed that “the design proposes articulation of the front elevations through varied wall heights, wall widths, roofs, windows and verandahs which breaks up the building form, thereby reducing the bulk and scale of the building”.

It is considered that the proposal is compatible with a low density residential environment. The 2 storey height and appearance would be consistent with other 2 storey dwelling-houses in Boronia Avenue and would not set an undesirable precedent in the locality.

The proposal meets the desired outcomes of the Scale element and is considered acceptable.

2.7.2 Setbacks

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

The ground floor elements of the dwelling-house would be set back a minimum of 925mm from the north-western, side boundary of the site. This complies with the prescriptive measures of the Setbacks element which requires a minimum setback of 900mm from side boundaries for ground floor elements.

The first floor elements of the dwelling-house, including the lounge room above the ground floor garage, and master bedroom on the first floor would be set back 0.925m and 1.285m, respectively, from the north-western boundary. This does not comply with the prescriptive measure of the Setbacks element which requires a minimum setback of 1.5 metres for first floor elements.

The proposal does not include any first floor windows on the north-western elevation of the dwelling-house that would allow for overlooking into the adjoining property.

The orientation of the site and the siting of the dwelling-house would result in shadows cast primarily over the front yard of the subject site and the driveway of the adjacent property, No. 67C Boronia Avenue.

In this instance, the non-compliance with the side setback prescriptive measure is considered minimal and is unlikely to impact on the privacy of, or solar access to, the adjoining property, No. 63 Boronia Avenue.

The ground floor of the dwelling-house would be set back 2.1 metres from south-eastern boundary. This complies with the prescriptive measures of the Setbacks element. The first floor of the existing dwelling-house includes a balcony which is set back 900mm from the south-eastern boundary. In this instance, the balcony is existing and would service a guest bedroom and is considered acceptable.

The proposed ground and first floor additions would be setback 3.9 metres from the south-eastern property boundary and comply with the prescriptive measures of the Setbacks element.

The front and rear setbacks of the dwelling-house would allow for the retention and replanting of canopy trees.

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

2.7.3 Landscaping

The desired outcomes of the Landscaping element are to encourage “landscaping that integrates the built form with soft landscaping and retains and enhances tree canopy” and “development that retains existing landscape features.”

Eleven trees would be impacted or removed as part of this proposal. Six Cyprus Pine trees have been identified for removal located within the front setback. Typically, Cyprus Pines are not protected species has identified in Part 1B.6 Tree and Vegetation Preservation of the HDCP, however as the site is located within a Heritage Conservation Area, these trees are protected and must be assessed as part of this application.

Four of the Cyprus Pine trees are within 3 metres of the dwelling-house and are not considered significant or worthy of retention. One Cyprus Pine is located adjacent to the north-western boundary and is not considered significant or worthy of retention. To offset the proposed removal of these five Cyprus Pines, a condition of consent is recommended for four locally indigenous trees to be replanted within the front setback.

The sixth Cyprus Pine is located adjacent to the existing driveway. Council’s Heritage Advisory Committee agreed that “the loss of the large conifer closest to the front boundary will result in an adverse impact on the landscape character of the area and should be retained”. With consideration to the Heritage Advisory Committee’s recommendation, a condition of consent is recommended for the Cyprus Pine to be retained as part of the application.

The proposal would impact on a further five trees, identified as four Syncarpia glomulifera (Turpentines) and a Melaleuca quinquenervia (Broad-leaved Paperbark). The application was accompanied by an Arboricultural Assessment prepared by Redgum Horticultural dated 30 July 2014.

The assessment report recommends methods to protect the trees to be retained on the site including tree protection fencing and that a qualified arborist be appointed to oversee all works within the Tree Protection Zones of these trees. Appropriate conditions of consent are recommended generally in accordance with the assessment report.

Subject to recommended conditions of consent, the proposal meets the desired outcomes of the Landscaping element and is considered acceptable.

2.7.4 Privacy

The desired outcome of the Privacy element is to encourage “development that is designed to provide reasonable privacy to adjacent properties.”

The ground floor includes a lounge room with access to a balcony which has a floor level of 1.7 metres above natural ground level at its highest point. The prescriptive measures of the Privacy element state that “decks and the like that need to located more than 600mm above existing ground should not face a window of another habitable room, balcony or private open space of another dwelling located within 9 metres of the proposed deck unless appropriately screened”. The balcony would be orientated to the front of the dwelling-house and would allow overlooking of the front yards and driveways of adjoining properties only.

Bedroom 4 would have access to a balcony attached to the front of the dwelling-house. This balcony is primarily orientated to the front boundary of the site would not directly face the adjoining property, No. 67 Boronia Avenue. The dwelling-house and private open space at No. 67 Boronia Avenue is located approximately 11 metres from the balcony. The balcony complies with the prescriptive measures of Privacy element and is considered acceptable.

The bedrooms on the first floor of the dwelling-house, in particular, the master bedroom and bedroom 3 would not have windows on the side elevations of the dwelling-house and would be served by windows orientated towards the rear of the site only. It is considered that these windows would not result in additional privacy impact to adjoining properties.

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

2.7.5 Sunlight Access

The desired outcomes of the Sunlight Access element are to encourage “dwelling-houses designed to provide solar access to open space areas” and “development designed to provide reasonable sunlight to adjacent properties.”

The application was accompanied by shadow diagrams detailing the anticipated shadows cast by the proposal at 9am, 12noon and 3pm on the winter solstice (22 June).

The shadows cast by the proposal would be cast over a small portion of the front yard of No. 63 Boronia Avenue up to 9am only.

The proposal would not unreasonably overshadow the adjoining properties to the south and would provide a minimum of 3 hours of direct sunlight to 50% of the private open space of the subject property and adjoining properties on 22 June as prescribes in Part 3.1.5 Sunlight Access of HDCP.

The proposal meets the desired outcomes and prescriptive measures of the Sunlight Access element and is considered acceptable.

2.7.6 Earthworks and Slope

The desired outcomes of the Earthworks and Slope element are to encourage “development that is designed to respect the natural landform characteristics and protects the stability of the land” and “development that limits landform modification to maintain the amenity of adjoining properties and streetscape character”.

The application proposed approximately 1.8 metres of excavation adjacent to the north-western boundary of the site. This does not comply with the prescriptive measures of the Earthworks and Slope element which seeks to restrict excavation and filling of a site to a maximum of 1 metre.

In this instance, the excavation would allow for the construction of the double garage and stairway providing access to the living spaces on the ground floor. The excavation would be confined within the footprint of the dwelling-house only and would provide for safe vehicular access to the site.

To assess whether the excavation of the site would result in structure damage to the adjoining property, a condition of consent is recommended for a dilapidation report to be prepared to assess the structure integrity of the dwelling-house at No. 63 Boronia Avenue.

The proposal meets the desired outcomes of the Earthworks and Slope element and is considered acceptable.

2.7.7 Heritage

The site does not contain a heritage listed item and is not in the vicinity of a heritage listed item. The site is located within the Beecroft/Cheltenham Heritage Conservation Area. The proposal was considered by Council’s Heritage Advisory Committee and no objection was raised generally on the following grounds:

· The proposed additions have included articulation within the front façade to reduce the bulk and scale of the building when viewed from the streetscape;

· The setbacks on Boronia Avenue, in particular at the ‘dog-leg’ of the street, are varied and the proposal is generally consistent with the varied pattern in the street;

· No objection is raised to the rendering of the walls as a rendered dwelling-houses exist in the immediate streetscape;

· The ‘wheel-strip’ driveway is appropriate as it would soften the visual appearance of the proposal from the streetscape; and

· The trees can be removed from the site provided replacement trees are planted on site.

The Heritage Advisory Committee recommended conditions of consent generally on the following grounds:

· Remove all reference to the proposed fence on the front boundary;

· Retain the Cyprus Pine tree located adjacent to the driveway;

· Incorporate vertical detailing in the double garage door to reduce the scale visually;

· The windows servicing the en-suite for the master bedroom must be vertical in design similar to the remaining windows on the front elevation; and

· The colour scheme of the dwelling-house is to be of a darker colour.

Subject to conditions, the proposal meets the relevant desired outcomes of Part 9 of the HDCP and is considered acceptable.

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 proposed development would necessitate the removal of 5 trees from the site identified as Cyprus Pine trees. The removal of these trees has been addressed in Part 2.7.3 Landscaping of this report.

It is considered that the removal of the trees is acceptable in the circumstances of the case.

3.2 Built Environment

The bulk and scale of the development would be in keeping with the character of the streetscape. Council’s Heritage Advisory Committee concludes that the design of the dwelling-house would be compatible with other dwelling-houses in the streetscape.

3.3 Social Impacts

The proposal would not result in a social impact.

3.4 Economic Impacts

The proposal would not result in an economic impact.

4. SITE SUITABILITY

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

The subject site has not been identified as bushfire prone or flood prone land. The site is considered to be capable of accommodating the proposed development. The scale of the proposed development is consistent with the capability of the site and is considered acceptable.

5. PUBLIC PARTICIPATION

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

5.1 Community Consultation

The proposed development was placed on public exhibition and was notified to adjoining and nearby landowners between 14 August 2014 and 29 August 2014 in accordance with the notification and exhibition requirements of the HDCP. During this period, Council received 3 submissions and a further submission was received after the notification period had concluded. The map below illustrates the location of those nearby landowners who made a submission that are in close proximity to the development site.

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

Four submissions objected to the development generally on the following grounds:

· Potential structure damage to adjacent properties due to earthworks;

· Unacceptable removal and impact on trees;

· The proposal is not in keeping with the heritage character;

· Non-compliance with Part 3.1.2 Setbacks;

· Non-compliance with Part 3.1.1 Scale;

· The front fence is not consistent with the streetscape;

· Inadequate information for stormwater drainage; and

· The proposal is excessive in bulk and scale.

Further to the written submissions received by Council, an on-site meeting was conducted on the 9 October 2014 between Planning Division officers, the adjoining property owner and their planning consultant to discuss the issues raised in the submissions in more detail. At this meeting, the following additional concerns were discussed:

· The potential for the rear of the ground floor to be enclosed as additional floor space;

· The scale of the proposal is not consistent with adjacent properties; and

· The proposal may result in additional overshadowing impacts to adjoining properties.

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

5.1.1 Potential Structural Damage to the Adjacent Property

Three submissions raise concerns that the excavation works for the construction of the additions to the dwelling-house may result in structural damage to the adjacent dwelling-house at No. 63 Boronia Avenue, Cheltenham.

Given the 12% slope of the land within building envelope and the anticipated use of conventional footings to support the proposal, it is not anticipated that the works would have any detrimental impacts on the stability of the dwelling-house on the adjoining property.

To address the concerns raised in submissions, a condition is recommended for a dilapidation report to be prepared by a chartered structural engineer detailing the structural condition of No. 63 Boronia Avenue prior to the issue of a construction certificate.

5.1.2 Non-Compliance with Part 3.1.1 Scale

A submission raises concerns that the proposal does not comply with the maximum floor area prescriptive measure of the HDCP. The floor area of the dwelling-house, as defined by State Environmental Planning Policy (Exempt and Complying Development) 2008, is calculated to be 398m² which complies with the 430m² maximum floor area for a dwelling-house on a lot with an area over 900m².

The submission also raises concerns that the ‘proposed covered area addition’ at the rear of the dwelling-house could be enclosed in the future and would increase the floor area of the dwelling-house by an additional 74m².

Calculations of the floor area of the proposal have been made on the basis that the ‘proposed covered area addition’ will remain as such and a condition of consent is recommended for the ‘proposed covered area addition’ not to be enclosed without the prior consent of Council.

5.1.3 Inadequate Information for Stormwater Drainage

The submissions raise concerns that the application does not include sufficient information with respect to the stormwater drainage of the dwelling-house and ancillary structures.

The application is accompanied by a concept stormwater drainage plan which indicates that the existing dwelling-house drains directly to Boronia Avenue and the proposed additions would also drain directly to Boronia Avenue. The application includes sufficient information for the purposes of this assessment. A condition of consent is recommended for the proposal to drain directly to Boronia Avenue and further details would be provided to the principal certifying authority with the application for a construction certificate.

6. THE PUBLIC INTEREST

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

The application is considered to have satisfactorily addressed Council’s 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 proposes alterations and additions to a dwelling-house.

The development generally meets the desired outcomes of Council’s planning controls and is satisfactory having regard to the matters for consideration under Section 79C of the Environmental Planning and Assessment Act, 1979.

Council received 4 submissions objecting to the proposal during the public notification period. These matters have been addressed in the body of the report and appropriate conditions are recommended to minimise disruption to residential amenity.

Rod Pickles

Manager - Development Assessment

Planning Division

James Farrington

Group Manager

Planning Division

Attachments:

1.View	Locality Map
2.View	Site and Elevations Plan
3.View	Floor Plan
4.View	Shadow Plans
5.View	Schedule of Finishes

File Reference: DA/898/2014

Document Number: D03814233

SCHEDULE 1

GENERAL CONDITIONS

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

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

1. Approved Plans and Supporting Documentation

Plan Name/No.	Drawn by	Dated
Proposed Alterations and additions to existing residence - Drawing No. 1824-14CCb - Sheet No. 1 of 3 - Revision B	D.B.	06-08-2014
Proposed Alterations and additions to existing residence - Drawing No. 1824-14CCb - Sheet No. 2 of 3 - Revision B	D.B.	06-08-2014
Proposed Alterations and additions to existing residence - Drawing No. 1824-14CCb - Sheet No. 3 of 3 - Revision B	D.B.	06-08-2014

Document Title	Prepared by	Dated
Waste Management Plan	H. Dhindsa	21-07-2014
BASIX Certificate No. A195009	Planning Approvals	24 July 2014
Arboricultural Assessment Ref: 9173	REDGUM Horticultural	30 July 2014
Statement of Environmental Effects	Planning Approvals	23 July 2014

2. Removal of Existing Trees

This development consent permits the removal of five exotic trees as indicated for removal on the site identified on approved Drawing No. 1824-14CCb, Sheet 1 of 3. The removal of any other trees requires separate approval in accordance with the Tree and Vegetation Chapter 1B.6 Hornsby Development Control Plan (HDCP).

3. Amendment of Plans

To ensure that the development has acceptable impacts on the heritage character of the streetscape, the approved plans are to be amended as follows:

a) No consent is granted for the erection a fence and gate on the front boundary;

b) The double width garage door on the front elevation must incorporate a decorative panel with vertical detailing; and

c) The window(s) to serve en-suite to the master bedroom must be vertical in design similar to the remaining windows on the front elevation.

These amended plans are to be submitted with the application for the construction certificate.

4. Section 94A Development Contributions

In accordance with Section 80A(1) of the Environmental Planning and Assessment Act 1979 and the Hornsby Shire Council Section 94A Development Contributions Plan 2012-2021, $3,750.00 shall be paid to Council to cater for the increased demand for community infrastructure resulting from the development, based on development costs of $375,000.

a) The value of this contribution is current as at 16 October 2014. If the contributions are not paid within the financial quarter that this condition was generated, 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 applicable in this Development Consent Condition.

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 S94A Development Contributions Plan may be viewed at www.hornsby.nsw.gov.au or a copy may be inspected at Council’s Administration Centre during normal business hours.

5. Construction Certificate

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

REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

6. Building Code of Australia

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

7. Contract of Insurance (Residential Building Work)

8. Notification of Home Building Act 1989 Requirements

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

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

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

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

i) The name of the owner-builder; and

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

9. Sydney Water – Quick Check

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

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

10. Dilapidation Report

A ‘Dilapidation Report’ is to be prepared by a ‘chartered structural engineer’ detailing the structural condition of No. 63 Boronia Avenue, Cheltenham.

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

11. 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.

12. Toilet Facilities

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

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

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

13. Tree Protection Barriers

a) Tree protection fencing must be erected in accordance with Arboricultural Assessment Ref: 9173 prepared by REDGUM Horticultural dated 30 July 2014 around trees numbered 1, 2, 3, 4 and 5 to be retained at the nominated setbacks in table 13(c) below.

b) The tree fencing must be constructed of 1.8 metre ‘cyclone chainmesh fence’ or star pickets spaced at 2 metre intervals, connected by a continuous high-visibility barrier/hazard mesh at a height of 1 metre.

Tree No.	Tree Species	Tree Protection Zone
1	Syncarpia glomulifera	8.6 metres
2	Syncarpia glomulifera	7.0 metres
3	Syncarpia glomulifera	5.4 metres
4	Syncarpia glomulifera	3.2 metres
5	Melaleuca quinquenervia	5.3 metres

14. 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

15. Construction Work Hours

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

16. Demolition

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

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

17. Works Near Trees

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

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

18. Council Property

19. Disturbance of Existing Site

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

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

20. Fulfilment of BASIX Commitments

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

21. Stormwater Drainage

The stormwater drainage system for the development must be designed and constructed for an average recurrence interval of 20 years, be gravity drained and connected to the existing internal drainage system and then connected directly to Council’s street drainage system.

22. Damage to Council Assets

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

23. Smoke Alarms

Smoke alarms must be installed in the existing building and the proposed additions in accordance with the requirements of the Building Code of Australia.

24. Retaining Walls

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

25. Replacement Screen Planting

To maintain canopy cover, 4 medium to large trees selected from Council’s booklet ‘Indigenous Plants for the Bushland Shire’ are to be planted within the front setback on the subject site. The planning location shall not be within 4 metres of the foundation walls of a dwelling or in-ground pool. The pot size is to be a minimum 25 litres and the trees must be maintained until they reach the height of 3 metres.

OPERATIONAL CONDITIONS

26. Covered Area

The ‘proposed covered area addition’ to the rear of the dwelling-house must not be enclosed without the prior written consent of council.

- END OF CONDITIONS -

ADVISORY NOTES

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

Environmental Planning and Assessment Act 1979 Requirements

The Environmental Planning and Assessment Act 1979 requires:

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

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

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

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

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

Long Service Levy

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

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

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

Tree and Vegetation Preservation

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

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

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

Dial Before You Dig

Asbestos Warning

www.environment.nsw.gov.au

www.nsw.gov.au/fibro

www.adfa.org.au

www.workcover.nsw.gov.au

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

Site Area	Deep Soil Zone (% of Site Area)	Minimum Dimensions
Less than 650m²	7%	-
650m²– 1,500m²	10%	3m
Greater than 1,500m²	15%	6m
Greater than 1,500m² and significant tree cover	20%	6m

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

1.View	1st Quarter Review - September 2014
2.View	Quarterly Review Budget Statement - September 2014

1.View	Beecroft Community Centre Parking Concept
2.View	Proposed Licence Conditions - Epping RSL Golden Kangaroo
3.	Confidential Property Strategy - 179 Beecroft Road, Cheltenham - This attachment should be dealt with in confidential session, under Section 10A (2) (c) of the Local Government Act, 1993. This report contains information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business.

1.View	CRR Panel Report_18 September 2014
2.View	CRR Balance_2013-14
3.View	CRR Summary of Total Expenditure_2013-14

Building Height	Habitable Rooms and Balconies	Non-habitable Rooms
Up to 12m (4 storeys)	6m	3m
Up to 25m (5 – 8 storeys)	9m	4.5
Over 25m (9+ storeys)	12m	6m

1.	Attachment 1 - Confidential Memo - Tender RFT29/2014 - This attachment should be dealt with in confidential session, under Section 10A (2) (d) of the Local Government Act, 1993. This report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the council; or (iii) reveal a trade secret.
2.	Attachment 2 - Tender Evaluation Report - RFT29/2014 - Sportsground Lighting at Foxglove Oval and Greenway Park Oval No. 2 - This attachment should be dealt with in confidential session, under Section 10A (2) (d) of the Local Government Act, 1993. This report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the council; or (iii) reveal a trade secret.

1.	IR23_14 - Attachment 1 - Confidential Memo - RFT_30_2014 - Netball Courts - Pennant Hills Park - This attachment should be dealt with in confidential session, under Section 10A (2) (d) of the Local Government Act, 1993. This report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the council; or (iii) reveal a trade secret.
2.	IR23_14 - Attachment 2 - RFT 30/2014 - Tender Evaluation Report - Netball Courts Pennant Hills Park - This attachment should be dealt with in confidential session, under Section 10A (2) (d) of the Local Government Act, 1993. This report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the council; or (iii) reveal a trade secret.

1.	Confidential Memo dated 15 October 2014 - Tender T35-2014 - This attachment should be dealt with in confidential session, under Section 10A (2) (d) of the Local Government Act, 1993. This report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the council; or (iii) reveal a trade secret.
2.	Evaluation Report - Tender T35-2014 - This attachment should be dealt with in confidential session, under Section 10A (2) (d) of the Local Government Act, 1993. This report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the council; or (iii) reveal a trade secret.

1.	Confidential Memo dated 15 October 2014 - This attachment should be dealt with in confidential session, under Section 10A (2) (d) of the Local Government Act, 1993. This report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the council; or (iii) reveal a trade secret.
2.	Evaluation Report - This attachment should be dealt with in confidential session, under Section 10A (2) (d) of the Local Government Act, 1993. This report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the council; or (iii) reveal a trade secret.