Agenda of General Meeting - 10 December 2014

Hornsby Shire Council Agenda and Summary of Recommendations

Page 1

AGENDA AND SUMMARY OF RECOMMENDATIONS

PRESENT

NATIONAL ANTHEM

OPENING PRAYER/S

Reverend Ann Hogan, from Hornsby Uniting Church, will open the meeting in prayer.

Acknowledgement of RELIGIOUS DIVERSITY

Statement by the Chairperson:

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

ABORIGINAL RECOGNITION

Statement by the Chairperson:

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

AUDIO RECORDING OF COUNCIL MEETING

Statement by the Chairperson:

"I advise all present that tonight's meeting is being audio recorded for the purposes of providing a record of public comment at the meeting, supporting the democratic process, broadening knowledge and participation in community affairs, and demonstrating Council’s commitment to openness and accountability. The recordings of the non-confidential parts of the meeting will be made available on Council’s website once the Minutes have been finalised. All speakers are requested to ensure their comments are relevant to the issue at hand and to refrain from making personal comments or criticisms. No other persons are permitted to record the Meeting, unless specifically authorised by Council to do so."

APOLOGIES / LEAVE OF ABSENCE

political donations disclosure

Statement by the Chairperson:

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

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

declarations of interest

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

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

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

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

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

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

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

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

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

confirmation of minutes

THAT the Minutes of the General Meeting held on 12 November 2014 be confirmed; a copy having been distributed to all Councillors.

Petitions

presentations

Hornsby Shire Heritage Awards 2014

Category B is for sensitively designed extensions or alterations to a Heritage Item, a building in the vicinity of a Heritage Item, or a building within a Heritage Conservation Area.

WINNER – Sympathetic restoration of the original timber verandah of a Federation house within the Beecroft/Cheltenham Heritage Conservation Area at 105 Copeland Road, Beecroft - Tim and Rae Clark

The reinstatement of the original front verandah restores the architectural style of the Federation house, which positively contributes to the Conservation Area.

COMMENDED – Sympathetic new carport with shed within the grounds of a heritage listed house and within the Beecroft/Cheltenham Heritage Conservation Area at the 26 The Boulevard, Cheltenham – Caroline Thomas

A sensitively designed new structure which complements the scale and form of the house and the character of the streetscape.

Owen Nannelli Memorial Award is awarded to a group or individual who has made an outstanding contribution to the education and promotion of heritage.

WINNER – Dangar Island Historical Society

This award recognises the Dangar Island Historical Society’s outstanding celebrations of the 125^th anniversary of the Hawkesbury River Railway Bridge held over the weekend of 3 and 4 May 2014, which contributed to the preservation and promotion of the history of the Hornsby Shire and its people.

Rescission Motions

Mayoral Minutes

ITEMS PASSED BY EXCEPTION / CALL FOR SPEAKERS ON AGENDA ITEMS

Note:

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

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

GENERAL BUSINESS

· Items for which there is a Public Forum Speaker

· Public Forum for non agenda items

· Balance of General Business items

Office of the General Manager

Nil

Corporate Support Division

Page Number 1

Item 1 CS52/14 Investments and Borrowings for 2014/15 - Status for Period Ending 31 October 2014

RECOMMENDATION

THAT the contents of Deputy General Manager’s Report No. CS52/14 be received and noted.

Page Number 4

Item 2 CS49/14 Administration of Council's 2016 Local Government Election

RECOMMENDATION

THAT:

1. Pursuant to Section 296(2) and (3) of the Local Government Act, Hornsby Shire Council enter into an election arrangement contract for the Electoral Commissioner to administer all elections of the Council.

2. Pursuant to Section 296(2) and (3) of the Local Government Act, as applied and modified by Section 18 of the Act, Hornsby Shire Council enter into a council poll arrangement contract for the Electoral Commissioner to administer all council polls of the Council.

3. Pursuant to Section 296(2) and (3) of the Local Government Act, as applied and modified by Section 18 of the Act, Hornsby Shire Council enter into a constitutional referendum arrangement contract for the Electoral Commissioner to administer all constitutional referenda of the Council.

Page Number 11

Item 3 CS54/14 Councillors' Strategic Planning Weekend - 7 and 8 November 2014

RECOMMENDATION

THAT Council:

1. Endorse the outcomes from the 2014 Strategic Planning Weekend.

2. Officers provide Councillors with further research and briefings to determine which “key achievement” projects can be progressed within this term of Council.

Page Number 16

Item 4 CS55/14 Outstanding Council Resolutions - Period Until 31 August 2014

RECOMMENDATION

THAT the contents of Deputy General Manager’s Report No. CS55/14 be received and noted.

Environment and Human Services Division

Page Number 19

Item 5 EH22/14 Property Strategies - 2 Darwin Street, Carlingford and 122 Berowra Waters Road, Berowra

RECOMMENDATION

THAT:

1. Council agree to the sale of Lot 1 DP 1191476, known as 122 Berowra Waters Road, Berowra; and to the sale or lease of Lot 4 DP 514292, known as 2 Darwin Street, Carlingford, in accordance with the property strategies outlined in Group Manager’s Report No. EH22/14.

2. The General Manager be authorised to determine the most appropriate method of sale of 122 Berowra Waters Road; to negotiate the detailed terms and conditions of the sale agreement, subject to the limitations outlined in Group Manager’s Report No. EH22/14; and to execute documents in relation to the sale, as deemed appropriate by Council's legal advisers.

3. The General Manager be authorised to determine the most appropriate method of sale of 2 Darwin Street, Carlingford; to negotiate the detailed terms and conditions of the sale or lease agreement subject to the limitations outlined in Group Manager’s Report No. EH22/14; and to execute documents in relation to the sale, as deemed appropriate by Council's legal advisers.

4. Council authorise the use of its Seal on the Contract for the Sale of Land or any legal or other documents directly related to the sale of 122 Berowra Waters Road, Berowra; or the Contract for the Sale of Land or Lease or any legal or other documents directly related to the sale or lease of 2 Darwin Street, Carlingford as deemed appropriate by Council’s legal advisers.

Page Number 22

Item 6 EH23/14 Tender No. RFT32/2014 - Library Management System

RECOMMENDATION

THAT:

1. Council accept the tender of Civica Pty Ltd as the preferred contractor for all work under Tender No. RFT32/2014 - Library Management System.

2. The General Manager be authorised to finalise contract negotiations with Civica Pty Ltd prior to final contract signing.

Page Number 26

Item 7 EH25/14 Expressions of Interest No. EOI33/2014 - Childcare Services

RECOMMENDATION

THAT:

1. Council close the Asquith Nursery and Preschool and Asquith Leisure and Learning Centre.

2. Council agree to the sale of Lots 27-29 DP 12901 known as 18-22 Lords Avenue, Asquith; and Lots 2‑3 DP 136220, known as 421 and 425 Pacific Highway, Asquith; and Lot 13 DP 653870 known as 423 Pacific Highway, Asquith in accordance with the property strategy outlined in Group Manager’s Report No. EH25/14.

3. The General Manager be authorised to determine the most appropriate method of sale of 18-22 Lords Avenue, Asquith and 421-425 Pacific Highway Asquith; to negotiate the detailed terms and conditions of the sale agreement, subject to the limitations outlined in Group Manager’s Report No. EH25/14; and to execute documents in relation to the sale, as deemed appropriate by Council’s legal advisors.

4. Council authorise the use of its Seal on the Contract for the Sale of Land or on any legal, or other documents directly related to the sale of 18-22 Lords Avenue, Asquith and 421-425 Pacific Highway, Hornsby, as deemed appropriate by Council’s legal advisors.

5. Council determine whether it wishes to progress down the path of Option 1 or Option 2 in respect of the provision of childcare services from the Greenway Park Early Childhood Education Centre, Somerville Park Early Childhood Education Centre, and Hornsby Nursery and Preschool centre.

Planning Division

Page Number 34

Item 8 PL85/14 Development Application - Five Storey Residential Flat Building Comprising 33 Units - 11-19 Thornleigh Street, Thornleigh

RECOMMENDATION

THAT Development Application No. DA/376/2014 for demolition of existing structures and construction of a five storey residential flat building comprising 33 units with basement car parking at Lot 30, Sec 4 DP 1854 Nos. 11-19 Thornleigh Street, Thornleigh be approved subject to the conditions of consent detailed in Schedule 1 of Group Manager’s Report No. PL85/14.

Page Number 74

Item 9 PL84/14 Development Application - Five Storey Residential Flat Building Comprising 58 Units - 442 - 446A Peats Ferry Road, Asquith

RECOMMENDATION

THAT Council assume the concurrence of the Secretary of the Department of Planning and Environment pursuant to Clause 4.6 of the Hornsby Local Environmental Plan 2013 and vary the building height development standard and approve Development Application No. DA/690/2014 for demolition of existing structures and the erection of a five storey residential flat building comprising 58 units with basement car parking at Lot 30 DP 23965, Lot 1 DP 1052515, Lot 3 DP 1052515, Lot 2 DP 1052515, Nos. 442-446A Peats Ferry Road, Asquith subject to the conditions of consent detailed in Schedule 1 of Group Manager’s Report No.PL84/14.

Page Number 120

Item 10 PL86/14 Development Application - Five Storey Residential Flat Building Comprising 41 Units - 1-3 Werombi Road, Mount Colah

RECOMMENDATION

THAT Development Application No. DA/629/2014 for the demolition of existing structures and construction of a five storey residential flat building containing 41 units with basement car parking at Lot A and B DP 361646, Nos. 1 - 3 Werombi 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. PL86/14.

Page Number 166

Item 11 PL89/14 Development Application - Subdivision of Two Allotments into Four Lots - 7 and 9 Welham Street, Beecroft

RECOMMENDATION

THAT Development Application No. DA/1442/2013 for subdivision of two allotments into four lots at Lot 10, Sec 1, DP 758074 and Lot 11, Sec 1, DP 758074, Nos. 7 and 9 Welham Street, Beecroft 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. PL89/14.

Page Number 191

Item 12 PL87/14 Development Application - Subdivision of One Allotment into Six Lots - 79-87 Malton Road Beecroft

RECOMMENDATION

THAT Development Application No. DA/94/2013 for subdivision of one allotment into six and dedication of proposed Lot 6 at Lot 2 DP 847605, Nos. 79 - 87 Malton Road, Beecroft 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. PL87/14.

Page Number 208

Item 13 PL75/14 Report on Submissions - Draft Voluntary Planning Agreement - 79-87 Malton Road, Beecroft

RECOMMENDATION

THAT:

1. Council adopt and execute the Voluntary Planning Agreement attached to Group Manager’s Report No. PL75/14 to dedicate land zoned RE1 Public Recreation under the Hornsby Local Environmental Plan (HLEP) 2013, in lieu of the payment of Section 94 Contributions.

2. Should Council be of a mind to approve Development Application DA/94/2013, the Mayor and General Manager be authorised to sign the Agreement on behalf of Council.

3. Submitters be advised of Council’s resolution.

Page Number 214

Item 14 PL90/14 Submission Report - Proposed Amendments to State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004

RECOMMENDATION

THAT Council write to the Department of Planning and Environment advising that:

1. No objection would be raised should State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 be amended to restore the application of the SEPP to property Nos. 589-593 and 599-607 Old Northern Road, Glenhaven.

2. The Department should also consider including property Nos. 595-597 Old Northern Road in the SEPP amendment to provide for the future orderly development of this land.

Page Number 219

Item 15 PL88/14 North West Rail Link Urban Renewal - Memorandum of Understanding and Project Plan

RECOMMENDATION

THAT:

1. The Mayor and General Manager be authorised to enter into a Memorandum of Understanding for the North West Rail Link Urban Renewal Program that is consistent with the terms as attached to Group Manager’s Report No. PL88/2014 and agree to a final Project Plan for the urban transformation of the Cherrybrook Station Precinct.

2. The Mayor and three additional Councillors (Council to nominate three Councillors from Wards B and/or C) be nominated as the Hornsby Shire Council Councillor representative on the Planning and Local Government Reference Group of the North West Rail Link Urban Renewal Program.

Page Number 226

Item 16 PL91/14 Future Cities Program

RECOMMENDATION

THAT:

1. Council note the contents of Group Manager’s Report No. PL91/14 and the outcomes of the Future Cities Program 2014.

2. Council subscribe to the Future Cities Collaborative for an initial 12 month period, with the cost met within the existing Annual Operating Budget for the Planning Division.

Page Number 232

Item 17 PL77/14 Hornsby West Side Development Control Plan Amendments

RECOMMENDATION

THAT:

1. The amendments to Part 1 – General, Part 4 – Business and Part 9 – Heritage of the Hornsby Development Control Plan 2013, available for viewing on Council’s website, hornsby.nsw.gov.au/council/major-projects/hornsby-west-side (Trim Reference: D03952518) be adopted and notified in the local newspaper.

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

Infrastructure and Recreation Division

Page Number 237

Item 18 IR33/14 Town Centre Improvements - Hornsby Westside

RECOMMENDATION

THAT:

1. Council authorise the preparation of a detailed design for the public realm within the Hornsby Westside Precinct with an initial emphasis on Peats Ferry Road.

2. That street trees and associated road works be put in place along Peats Ferry Road within the Westside Planning Proposal Precinct by the end of 2015.

3. A further report be presented to Council by June 2015 outlining opportunities for the implementation of long term streetscape and quality public domain improvements for Hornsby Westside.

4. Planning for the implementation of a long term streetscape and public domain improvement program for Pennant Hills, Beecroft, Asquith and Epping be completed and reported to Council by the June 2015.

Page Number 243

Item 19 IR29/14 West Epping Park - Plan of Management

RECOMMENDATION

THAT Council:

1. Adopt the amended West Epping Park draft Plan of Management as set out in Deputy General Manager’s Report No. IR29/14.

2. Continue to engage the School Community and the Department of Education and Communities about traffic management issues in the vicinity of Epping West Public School.

Page Number 250

Item 20 IR31/14 Tender RFT5/2014 – Clearing and Cleaning of Council Stormwater Drainage Pits

RECOMMENDATION

THAT Council accept the tender from Jason Tripousis Services in respect of Request for Tender No. RFT5/2014 – Clearing and Cleaning of Council Stormwater Drainage Pits.

Page Number 254

Item 21 IR32/14 Tender RFT18/2014 - Tree Services and Associated Activities

RECOMMENDATION

THAT Council:

1. Accept Tenders received from Active Tree Services, Plateau Tree Services, Hornsby Tree Service and Simply Stumps for the provision of Tree Services and Associated Activities - Tender RFT18/2014.

2. The new contracts are for a period of two years concluding on 31 January 2017, with two one year extension options.

Page Number 257

Item 22 IR25/14 Request to Remove Tree - 34 Dean Street, West Pennant Hills

RECOMMENDATION

THAT Council refuse the application for consent to remove one Eucalyptus saligna (Sydney Blue Gum) located at the front of the property at 34 Dean Street, West Pennant Hills.

Confidential Items

Item 23 CS53/14 Proposed Lease of Part of Brickpit Park at 1A Dartford Road, Thornleigh, to Telstra Corporation Limited

This report 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.

PUBLIC FORUM – NON AGENDA ITEMS

Questions of Which Notice Has Been Given

Page Number 261

Item 24 QWNHBG1/14 Brothel Regulations - NSW Government 2011

Mayor's Notes

Page Number 263

Item 25 MN12/14 Mayor's Notes from 1 to 30 November 2014

Notices of Motion

Page Number 265

Item 26 NOM7/14 2015 Christmas Celebrations

COUNCILLOR Berman To Move

THAT:

1. Council consult with the community, including churches, schools and business owners, with respect to opportunities for facilitating activities and public domain decorations in the Shire.

2. A briefing be provided to Councillors by May 2015 on feedback received and support offered.

3. A report be prepared to determine Council’s contribution to Christmas activities and decorations in time for the festive season in 2015.

SUPPLEMENTARY AGENDA

MATTERS OF URGENCY

QUESTIONS WITHOUT NOTICE

Deputy General Manager's Report No. CS49/14

Corporate Support Division

Date of Meeting: 10/12/2014

2 ADMINISTRATION OF COUNCIL'S 2016 LOCAL GOVERNMENT ELECTION

EXECUTIVE SUMMARY

· Section 296 of the Local Government Act provides that council elections are to be administered by the general manager of the council. Councils do, however, have an option to enter into a contract or make arrangements with the NSW Electoral Commission (NSWEC) to administer the council’s elections. For its 2008 and 2012 election, Hornsby used the services of the NSWEC and those elections were run successfully and without incident.

· This Report provides background information to assist Council with its decision about who should administer Council’s 2016 election and includes details about the responsibilities associated with conducting a Council election; information sourced from various reports and publications about the 2012 local government election experiences of the NSWEC and other councils; the costs incurred by Council for its 2008 and 2012 elections; and an estimate of costs for the 2016 election.

· Staff believe it is appropriate that the NSWEC be engaged to administer Council’s 2016 election. The main reasons for such recommendation are that a decision to appoint the NSWEC will allow Council to remain at arms’ length from the election process; it will ensure that the NSWEC will wear all risks associated with the management of the election; and will allow Council to eliminate a major resourcing issue that would best be avoided whilst Council is participating in the NSW Government’s Fit for the Future initiatives. Based on the 2012 election experience, there also does not appear to be significant savings available to Council to administer its own election in 2016.

RECOMMENDATION

THAT:

PURPOSE

The purpose of this Report is to provide Council with information to enable it to make a decision in respect of who will conduct its September 2016 election.

BACKGROUND

Section 296 of the Local Government Act provides that council elections are to be administered by the general manager of the council. Councils do, however, have an option to enter into a contract or make arrangements with the NSWEC to administer the council elections. In line with Section 55(3)(p) of the Act, a council does not need to invite tenders before entering into such a contract with the NSWEC.

Where a council decides to conduct its own elections, the general manager has full responsibility. In this regard, the general manager may choose to engage the services of an external provider to manage and/or assist in running the election. Where specific costs of engaging such a provider are expected to exceed $150,000, tenders must be called for the required service in line with the tendering requirements of the Local Government Act.

Following consideration of Executive Manager’s Report No. CC69/11 in 2011, Council engaged the NSWEC to run its 2012 local government election. In preparing this Report about who should run Council’s 2016 election, staff have evaluated the costs and services provided by the NSWEC to Hornsby in respect of the 2012 election; consulted various relevant documents including the NSW Parliament’s Joint Standing Committee on Electoral Matters Inquiry into the 2012 Local Government Elections, the Review of 2012 Council Run Elections issued by the Office of Local Government and a presentation by the NSWEC titled Go Forward Strategy with Local Government Councils; as well as considering feedback provided by staff from councils who ran their own elections in 2012.

It should be noted that any decision to appoint the NSWEC to administer Council’s 2016 election is required by legislation to be made at least 18 months prior to the election i.e. by March 2015.

DISCUSSION

Administering an Election

The responsibilities of a general manager in administering a council election are comprehensive and broad-ranging. They include tasks such as:

· ensuring compliance with all relevant legislation

· management of all election costs

· appointing a suitably qualified independent returning officer and a substitute returning officer

· determining the fees payable to those officers and other electoral officials

· determining the polling places

· managing candidate information

· developing and printing all forms

· preparing rolls for non-resident owners and occupiers/rate-paying lessees

· managing postal voting and pre-poll voting

· ensuring results and all relevant information is included on Council’s website

· determining non-voters and providing a list to the NSWEC within 14 days of the election

· preparing a detailed report to the Minister for Local Government on the conduct of the election, ensuring disclosure of a number of things required by legislation including full and transparent costs.

Section 296A of the Act provides that an employee of a council cannot be appointed as a returning officer or substitute returning officer for that area. They may, however, be an electoral official. Section 296A also provides that a general manager cannot be appointed as a returning officer, substitute returning officer or electoral official for any area.

It should be noted that there are no staff currently employed at Council who have experience in fully administering a local government election.

Council’s 2012 Election – Run by NSWEC

The level of service provided by the NSWEC in administering Council’s 2012 election was generally very good and saw relevant Council staff working well with the appointed Returning Officer. The Returning Officer was knowledgeable, experienced and efficient, and although key staff had regular update meetings with the Returning Officer, there was little other impact on the staff’s time which left them available to carry out their usual Council duties.

The election itself ran smoothly, with no major issues being experienced. Following the election, notification of results by the NSWEC was efficient and timely. During the whole pre-election, election, and post-election process, any issues, concerns, and questions from the public were dealt with by the Returning Officer and/or her staff. It is also noted that the Returning Officer was also able to support and assist Council in making representations to the NSWEC on certain matters which resulted in a reduction of costs for the election.

Other Council Elections Run by the NSWEC in 2012

The NSWEC administered elections in 136 council areas in 2012 - which was 91.6% of the required elections across NSW. In overall terms, the cost of NSWEC run elections reduced from $25.9 million in 2008 to $23.4 million in 2012. This cost saving can partly be attributed to a reduction in the total number of elections run by the NSWEC, but also incorporates substantial efficiency savings on big expenditure items such as ballot paper production, use of regional returning officers, etc. Metropolitan councils were cheaper to service on average at $6.21 per elector, rising to $6.53 on average per elector for regional councils and $7.30 on average per elector for rural councils

Following the 2012 election, the NSWEC sought feedback from general managers of all councils who used the services of the NSWEC to run their elections. A response rate to the survey of 82.5% (which included Hornsby’s response) was achieved. Results from the survey were compared to targets for service standards set out by the NSWEC prior to the election, with an average 90% satisfaction rate being achieved across 14 different specific measures. As a result of the survey, the NSWEC has indicated that some of the areas for improvement that it will strive for in future elections include:

· more timely provision of cost estimates to councils

· increased public awareness of elections

· flexible options for returning officers’ accommodation

· greater liaison with councils in respect of location of pre-poll and polling places as well as timing and location of candidate seminars

· better timing and content of candidate seminars

· increased communication and dedicated contact persons at both the NSWEC and councils.

Councils Who Ran Their Own Elections in 2012

14 councils across NSW conducted their own elections in 2012, with varying levels of assistance from providers of electoral services. Details of the experience of those councils are included in the Joint Standing Committee Inquiry into the 2012 Local Government Elections. Feedback was provided by three of these councils at a Local Government Professionals Australia governance network group meeting which was attended by the authors of this Report.

Each of the three councils managed their elections successfully with the engagement of an election services provider and each reported savings on costs of varying degrees. The three councils explained the importance of having a competent and experienced returning officer and the need to engage such personnel early on. Whilst all of the councils concerned advised that the Office of Local Government had been extremely helpful, they also conversely noted that virtually no support was provided by the NSWEC and that this made some aspects of their election difficult.

It should be noted that a reliable cost comparison with councils who ran their own elections is difficult to achieve. There are many variable aspects to consider, and without the benefit of a detailed cost sheet from each of the councils in the same format as provided by the NSWEC, it is not clear whether equitable cost elements have been included in their calculations. For example, the method of voting impacts on election costs as does whether the election included a popularly elector Mayor, how many Councillors were elected across how many wards, etc. It is also not apparent from the information available whether the reported total expenditure for those councils includes the full resourcing costs of existing staff to manage aspects of the elections and/or any costs of back-filling their own positions (even in part) whilst doing so.

Review of Council’s Election Costs – 2008 and 2012

A summary of the costs (exclusive of GST) incurred by Council for the 2008 and 2012 elections is included in the below table.

	Estimated Cost - NSWEC	Total Actual Cost - NSWEC	Number of Electors	Actual Cost per Elector
2008	$746,000	$616,000	107,583	$5.72
2012	$684,794	$637,009	110,124	$5.78

Whilst the figures show an increase in actual cost per elector from 2008 to 2012 of approximately 1%, there was an increase in the CPI of approximately 10% during the same period. In doing comparisons of cost per elector across councils, it is important to note that Hornsby’s 2008 and 2012 elections consisted of a Mayoral election and three ward elections for the election of three councillors each. The number of elections to be run is obviously different from council to council.

In the lead up to the 2012 elections, Council requested and received a quote from an external election services supplier to fully run Council’s election. That quote totalled $561,658 and was based on their estimate of 98,000 electors – equating to a cost of $5.73 per elector. If the cost per elector figure was extrapolated to an election involving 110,124 electors (as existed at the 2012 election), the total estimated costs for Hornsby’s 2012 election would have been approximately $631,000. That figure is very similar to the actual costs incurred by the NSWEC in running Hornsby’s 2012 election.

Various Reviews of 2012 Council Elections

In November 2013, the NSWEC issued its Report on the Local Government Elections 2012. The Report set out details of the NSWEC’s conduct of the 2012 elections, the services provided and their performance against the service targets identified in the “2012 Local Government Elections Service Charter for NSW Councils”. The Report is available on file – TRIM Document D03783067.

In March 2014, the NSW Parliament’s Joint Standing Committee on Electoral Matters released its Inquiry Into the 2012 Local Government Elections. The Inquiry made 15 recommendations covering such issues as the future administration of local government elections, electoral rolls, candidate requirements, by-elections, postal and pre-poll voting, electronic voting, and the management of non-resident rolls. The Report is available on file – TRIM Document D03815585.

In June 2014, the Office of Local Government issued a Review of 2012 Council Run Elections and concluded that overall, the 14 councils who administered their own 2012 elections did so successfully. The Review noted, however, the importance of early engagement of competent returning officers and electoral staff, and the difficulty of some councils gaining access to such staff, particularly in regional areas. The Review is available on file – TRIM Document D03822466.

In October 2014, the NSW Government released its response to the Joint Standing Committee on Electoral Matters’ Report. The response largely supports the recommendations of the Committee and provides some clarifications and additional requirements for councils choosing to run their own elections in future. Notably, the use of postal voting and i-voting is supported but it is recognised that time constraints are likely to prohibit this being in place by the 2016 elections. These and other recommendations from the response have been incorporated in the Local Government Amendment (Elections) Bill which is currently before the NSW Parliament. The Response is available on file – TRIM Document D03935221.

Administering Hornsby’s 2016 Election?

In determining who should run Council’s 2016 elections, consideration has been given to the following points.

· the NSWEC has successfully administered Council’s 2008 and 2012 elections

· it is prudent that Council remain at arms’ length from the election process, ensuring openness and accountability. By Council engaging the NSWEC and not being directly involved in the running of its own election, such openness and accountability is clearly demonstrated to the community.

· if the NSWEC are contracted they would wear all the risks associated with running and managing the full election process. If Council runs its own election, it is accountable under the Local Government Act.

· should Council choose to run its own election it would be vital to engage an experienced and reliable returning officer as well as senior election personnel, either independently or through another election services provider. Such personnel are in limited supply and can be difficult to identify and locate, and there may be no assurances of their capability. Even if the personnel were able to be resourced, there would still need to be considerable involvement of Council staff, none of whom are experienced in the detailed process of actually running an election.

· involvement of Council staff would continue beyond the finalisation of the election as it is necessary to prepare a detailed report about the election for submission to the Minister for Local Government

· if engaged, the NSWEC would manage all interfaces with the public. Their appointed staff would be responsible for responding to questions and enquiries from the public, ensuring all relevant information is loaded to our website, etc. leaving Council staff free to carry on with their usual duties.

· with the engagement of the NSWEC, any problems and issues would be handled by them, with back up able to be provided readily by their head office if required

· the NSWEC have effectively adopted an “all or nothing” approach. In other words, if councils choose not to engage the NSWEC, the NSWEC is not responsible for providing any advice, assistance or materials whatsoever in relation to the election. The only thing provided through the NSWEC is the electoral roll, which is a legislative requirement.

· with the local government reform and Fit For the Future initiatives proposed to be implemented by September 2016, there is considerable uncertainty regarding the makeup of local councils across NSW, including Hornsby, that will exist at that time. Amalgamation with another council//s, amended ward boundaries, number of councillors in total and per ward, are all matters which will have significant impact on planning for, and running, the 2016 election. In light of such uncertainty, and given pressing timelines to achieve the requirements for sustainability set by the Government, it would seem prudent for Council to eliminate as many other risks and uncertainties as possible.

· based on 2012 election costs and estimates, there does not appear to be significant savings that Council can achieve by choosing to run its own election in 2016.

Appointing the NSWEC to Administer Council’s 2016 Election

If Council believes it is appropriate to engage the NSWEC to administer its 2016 election (and other associated by-elections and referendums as necessary), the OLG has provided a model resolution to assist Council. The recommendation to this Report is consistent with that model resolution.

BUDGET

The NSWEC has advised that due to the fact that they operate on a cost recovery basis, they are unable to provide a firm cost to Council for the 2016 elections. They have, however, indicated that an estimate of costs will be provided to Council. Whilst such an estimate has not yet been received, the estimate is anticipated to incorporate further efficiencies and economies of scale over that achieved in 2012. The NSWEC have also indicated that they will work with Council to reduce costs wherever possible during the 2016 pre-election period.

In calculating an expected cost for Council’s 2016 elections, an estimated cost per elector and an estimated number of electors is required. In respect of cost per elector, staff have applied an annual 3% CPI increase to Council’s cost per elector for 2012. This calculation results in an estimated cost per elector for the 2016 election of $6.50. In estimating the number of electors for the 2016 election, staff have reviewed the increase in electors in the period 2012 to 2014 and allowed a similar increase between 2014 and 2016. This results in an estimate of 115,000 electors for the 2016 election.

Using the estimates of cost per elector and the number of electors, the expected cost for the 2016 election (not including any further efficiencies that can be provided by, or negotiated, with the NSWEC) is 115,000 x $6.50 which equals $747,500. This amount is adequately provided for in Council’s Long Term Financial Plan.

POLICY

There are no policy implications associated with this Report.

CONCLUSION

Having regard to the information contained in this Report, staff believe it is appropriate that the NSWEC be engaged to administer Council’s 2016 election. The main reasons for such a recommendation are that the NSWEC has successfully administered Council’s 2008 and 2012 elections; it will allow Council to remain at arms’ length from the election process, ensuring openness and accountability; the NSWEC will wear all the risks associated with running and managing the election, with experienced and substantial back up readily available if necessary; it eliminates a major resourcing issue that Council can do without whilst it is participating in the NSW Government’s Fit for the Future initiatives; and there does not appear to be significant savings available to Council to administer its own election in 2016.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Manager, Governance and Customer Service – Robyn Abicair, who can be contacted on 9847 6608.

Robyn Abicair

Manager - Governance and Customer Service

Corporate Support Division

Gary Bensley

Deputy General Manager

Corporate Support Division

Attachments:

There are no attachments for this report.

File Reference: F2012/00820

Document Number: D03888442

Group Manager’s Report No. PL85/14

Planning Division

Date of Meeting: 10/12/2014

8 DEVELOPMENT APPLICATION - FIVE STOREY RESIDENTIAL FLAT BUILDING COMPRISING 33 UNITS - 11-19 THORNLEIGH STREET, THORNLEIGH

EXECUTIVE SUMMARY

DA No:	DA/376/2014 (Lodged 15 April 2014)
Description:	Five storey residential flat building comprising 33 units and 2 levels of basement car parking
Property:	Lot 30, Sec 4 DP 1854 Nos. 11-19 Thornleigh Street, Thornleigh
Applicant:	Blueball Industries Pty Ltd
Owner:	Blueball Industries Pty Ltd, Mr Andrew Stuart Mackie, Mrs Anne Mary Mackie, Mrs S M Summerson and Mrs Marie Rosemary Abraham
Estimated Value:	$7,438,004
Ward:	C

· The application proposes the demolition of existing structures and erection of a five storey residential flat building comprising 33 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.

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

· It is recommended that the application be approved.

RECOMMENDATION

BACKGROUND

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

SITE

The site comprises four allotments, Nos. 11, 13, 14 and 17 Thornleigh Street and is located on the northern side of the street, with the nearest cross streets being Pennant Hills Road to the north-west and Wood Street to the south-east. The site is regular in shape with an area of 1,783.66m². The site has a frontage to Thornleigh Street of 36.58m and depth of 48.77m. The site has an average slope of 8% from the northern corner of the site to Thornleigh Street.

Existing improvements on the site include dwelling-houses with associated garages and carports on each lot. Vehicular access to the site is via existing driveways fronting Thornleigh Street.

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

The site is within a precinct which is undergoing redevelopment. The surrounding developments include single and two storey residential dwellings. A development application for five storey mixed use development comprising 1 commercial unit and 21 residential units has been approved at Nos. 5-7 Thornleigh Street.

The site is located in close proximity to Thornleigh Station and on the southern edge of the Thornleigh Commercial Precinct. Development approximately 60m north-west of the site includes one to three storey high commercial developments. Shops, offices and a gymnasium are located in these commercial buildings.

PROPOSAL

The proposal involves the demolition of existing structures on the site, lot consolidation and construction of a five storey residential flat building comprising 33 units with two levels of basement car parking.

The unit mix would comprise of 6 x 1 bedroom, 24 x 2 bedroom and 3 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 Thornleigh Street via a driveway located adjacent to the eastern side property boundary. A total of 37 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

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 subject land is located to utilise existing public transportation including Thornleigh Railway Station. The proposed development would be consistent with the Metropolitan Plan for Sydney 2031 by providing 29 additional dwellings and would contribute to the housing choice in the locality.

2. STATUTORY CONTROLS

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

2.1 Hornsby Local Environmental Plan 2013

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

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

2.1.3 Heritage Conservation

Clause 5.10 of the HLEP sets out heritage conservation provisions for Hornsby Shire. The site does not include a heritage item and is not located in a Heritage Conservation Area. However, the site is within the vicinity of a heritage listed house of local significance known as No. 9 Station Street. This house is located 60m north of the subject site, on the northern side of Station Street. As there is sufficient separation between the proposed development and the heritage item, minimal impacts would result from the proposed development. In this regard, no further assessment is necessary.

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 registered Architect stating that the proposed development achieves the design principles of SEPP 65. The design principles of SEPP 65 and the submitted Statement are addressed below:

2.3.1 Principle 1 – Context

Design Principle 1 is as follows:

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

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

The subject site is located within a precinct zoned for five storey residential flat buildings in close proximity to the Thornleigh Commercial Precinct. 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 storey developments in garden settings with parking in basements.

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

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

2.3.2 Principle 2 – Scale

Design Principle 2 is as follows:

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

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

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

2.3.3 Principle 3 – Built Form

Design Principle 3 is as follows:

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

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

The proposed building is well articulated on each elevation with a visual interplay of vertical and horizontal blade and banding elements with appropriate building indentations and balcony projections. The materials proposed are a combination of rendered and painted finishes including masonry, stone, aluminium and glass with white, grey and natural earthy tones. A low pitched butterfly 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).

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

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

2.3.5 Principle 5 – Resource, Energy and Water Efficiency

Design Principle 5 is as follows:

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

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

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

2.3.6 Principle 6 – Landscape

Design Principle 6 is as follows:

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

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

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

The application includes a landscape concept plan providing landscaping along the street frontage, side and rear boundaries. The proposal 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 concrete render and metal 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, sides and rear which would enhance the natural environmental performance of the development and provide an appropriate landscaped setting.

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

2.3.7 Principle 7 – Amenity

Design Principle 7 is as follows:

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

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

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

2.3.8 Principle 8 – Safety and Security

Design Principle 8 is as follows:

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

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

The proposal includes an assessment of the development against crime prevention controls in the Statement of Environmental Effects and Design Verification Statement. The Statement of Environmental Effects and Design Verification Statement have regard to Crime Prevention Through Environmental Design Principles (CPTED) and include details of surveillance, access control, territorial reinforcement and space management such as attractive clear sight lines and passive surveillance of the public domain from both ground level and upper level residential apartments, 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.

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

2.3.9 Principle 9 – Social Dimensions and Housing Affordability

Design Principle 9 is as follows:

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

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

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

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

2.3.10 Principle 10 – Aesthetics

Design Principle 10 is as follows:

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

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

2.4 SEPP 65 – Residential Flat Design Code

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

Residential Flat Design Code
Control	Proposed	Requirement	Compliance
Deep Soil Zone	35%	25%	Yes
Communal Open Space	26%	25%	Yes
Ground Level Private Open Space	10m² to 61m² <4m depth	25m² 4m min depth	No No
Minimum Dwelling Size	1 br – 50.3m² – 78.4m² 2 br – 71.7m² – 78.4m² 3 br – 95m²	1 br – 50m² 2 br – 70m² 3 br – 95m²	Yes Yes Yes
Maximum Distance to Back of the Kitchen	8.5m – 9m (16 units)	8m max	No
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 (28 units) 50% Basement storage = 523.67m³	1 br - > 6m³ 2 br - > 8m³ 3 br - > 10m³ > 50% accessible from the apartments 50% Basement storage required = 348.3m³	Yes No Yes
Dual Aspect and Cross Ventilation	61%	>60%	Yes
Adaptable Housing	30.3%	10%	Yes
Units Accessed from a Single Corridor	8	8	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, maximum kitchen distances and accessible storage areas. 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. Whilst the balconies on the eastern and western facades of the proposed development do not comply with this requirement, the building separation accords with the Hornsby Development Control Plan 2013 (HDCP). 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 of 25m² ground level private open space requirement for units 1, 4, 5 and 8 and all ground floor courtyards do not have a 4 metre minimum width dimension.

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

2.4.3 Apartment Layout

The 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 apartment sizes range to address the Code’s requirements for affordable housing and well-organised, functional and high quality apartment layouts.

The RFDC requires that not more than 10% of single aspect apartments (3 units) be south facing. The application provides 5 units with a south facing aspect. 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 the kitchen and the depth of single aspect units should be no greater than 8m from a window. Of the 33 units proposed, 16 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 regard to residential amenity.

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

2.4.4 Internal Circulation

The proposed development includes access to all floors via a lift. The internal corridors meet the Code’s requirements for the number of units accessed (less than 8) and design for amenity. The ground floor foyer also provides direct, level access to 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. Of the 33 units, 28 units provide less than 50% of internal storage areas accessible from the apartments. In this regard, a condition of consent is recommended requiring the floor plans to be amended to include internal storage areas for the all 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)

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

2.7 State Environmental Planning Policy (Infrastructure) 2007

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

2.8 Sydney Regional Environmental Plan (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

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

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

2.10 Hornsby Development Control Plan 2013

The proposed development has been assessed having regard to the relevant performance and prescriptive requirements within Part 1 and “Section 3.4 – Residential Flat Building (5 Storeys)” of the Hornsby Development Control Plan 2013 (HDCP). The following table sets out the proposal’s compliance with the prescriptive requirements of the Plan:

Hornsby Development Control Plan 2013

Control

Proposal

Requirement

Compliance

Site Width

36.58m

30m (min)

Yes

Height

5 storeys – 17.5m

Yes

Maximum Floorplate Dimension

19.5m (N-S)

36.8m (E-W)

35m

Yes

Height of Basement Above Ground

1m (max)

Yes

Front Setback

(Thornleigh Street)

10m

8m (for 9.5m length) < 1/3 frontage

7m (balconies)

10m

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

7m (balconies)

Yes

Rear Setback

10m

9m (for 18m length) < 1/3 frontage

7m (balconies)

10m

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

7m (balconies)

Yes

Eastern Side Setback

4.8m (for 10m length) < 1/3 frontage

4.8m (balconies)

4m < 1/3 frontage (7.7m length)

6m (balconies)

Yes

Western Side Setback

4.8m (for 10m length) < 1/3 frontage

4.8m (balconies)

4m < 1/3 frontage (7.7m length)

6m (balconies)

Yes

Top Storey Setback From Ground Floor

3m additional provided except for rear and eastern side setback

Rear (N) – 2m additional setback for a building length of 8m

Side (E) – 2m additional setback for a building length of 10.5m

3m additional

Yes, with negligible encroachments to rear and eastern side setbacks.

Underground Parking Setback

7m – front

7m – rear

4m western side

4m eastern side

7m front and rear

4m sides

Yes

Basement Ramp Setback

2.2m

Yes

Deep Soil Landscaped Areas

7 m front

7m rear

4m western side

4m eastern side (2.2m within basement setback)

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)

37 resident spaces

5 visitor spaces

10 bicycle spaces for residents and visitors

1 motorbike space

34 resident spaces

5 visitor spaces

7 bicycle spaces for residents

3 bicycle spaces for visitors

1 motorbike space

Yes

Solar Access

23/33 units = 70% 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 – 18%

2 br unit – 73%

3 br unit – 9%

10% of each type (min)

Yes

Adaptable Units

30.3%

30%

Yes

As detailed in the above table, the proposed development does not comply with prescriptive requirements within Council’s DCP regarding maximum floorplate dimension, setbacks and housing choice. 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 proposed building is in accordance with required key principles for the future character of the precinct for well-articulated five storey residential flat buildings in garden setting with basement car parking. The proposal complies with the desired outcome for the precinct.

2.10.2 Design Quality – SEPP 65

The proposed development is designed in accordance with the design principles of SEPP 65 except for building separation within the eastern side setback. This is addressed in Section 2.10.6 below.

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 Thornleigh Street and complies with this requirement. Two lots exist to the west of the site that could be amalgamated as part of future five storey development. 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 requirement. 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:

Rear

The rear, northern façade incorporates a 9m – 9.5m setback for an 18m length which does not fully comply with the numerical requirements of the HDCP which prescribes that a 12.3m length (less than 1/3 of the frontage) is permitted to encroach to an 8m setback from the rear property boundary. However, when averaged out, the areas of non-compliance are less than that required for a numerically compliant scheme. Additionally, the building indentations break up the wall lengths to create a stepped in design promoting a well-articulated rear facade. In this regard, the proposed rear setback is considered to be acceptable.

Eastern Side

The east facing 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, these are wrap-around balconies which have been incorporated into the design to provide articulation to the facades. Privacy mitigation measures in the form of movable louvres are proposed for the eastern side of these balconies which would have a setback of 4.8m from the boundary. The east facing ground floor courtyards serving Unit 6 and 7 are setback between 2.2m to 4m from the side property boundary. However, the provision of a 1.8m high boundary fence would mitigate any overlooking impacts to adjoining eastern properties.

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

Top Storey Setback

The majority of the building incorporates a 3m building setback for the top storey on all sides. The rear top storey setbacks is 2m for a building length of 8m and the eastern side top storey setback is 2m for a building length of 10.5m. These non-compliances are not visible when viewed from the street and would not detrimentally impact upon the visual amenity of the streetscape. Additionally, the building design provides appropriate building indentations on the front and rear elevations, a balanced juxtaposition of horizontal and vertical blade elements, a variety of materials and wrap around balconies. Therefore, the overall building is considered to be well articulated. In this regard, the minor top storey setbacks are considered to be acceptable.

Letter Boxes

The letterboxes would be setback 1m from the front property boundary. The proposed setback would not allow sufficient space for screen plantings. A condition is recommended that the letterboxes be relocated at least 2m from the front property boundary. With this condition, the proposal is considered to be acceptable.

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

2.10.6 Building Form and Separation

The RFDC and HDCP require a building separation of 12m between unscreened habitable areas or balconies increasing to 18m from the fifth level, for two residential buildings on adjoining sites.

The proposed residential flat building’s eastern and western elevations face future undeveloped residential flat building sites. Along these facades, wrap around balconies serving corner units contain a 4.8m side setback which does not comply with the minimum separation requirements. However, as these wrap-around balconies provide articulation and privacy mitigation measures, the minor non-compliance is considered to be appropriate.

2.10.7 Deep Soil Landscaping

The landscaping provisions for the HDCP prescribe that a 7m wide landscaped area is to be provided at the front and rear setback and a 4m side landscaped area is provided along the side boundaries. The proposal complies with this requirement.

The submitted landscape plan indicates that a number of large canopy trees would be provided within the front and rear setbacks including tree species such as Eucalyptus punctate (Grey Gum) and Angophora floribunda (Rough-barked Apple) which would reach mature heights of 20m and medium size canopy trees would be provided within the side setbacks including tree species such as Elaeocarpus reticulatus (Blueberry Ash) and Acmena smithii (Lilly Pilli) which would reach mature heights of between 8m and 10m.

As a result, the proposed development would achieve the required deep soil landscaping provisions, provide for daylight access visual and acoustic privacy and is considered acceptable in this regard.

2.10.8 Building Articulation

Indentation

The proposed building has a maximum floorplate dimension of 36.8m (East to West) which exceeds the maximum floorplate dimension of 35m in the HDCP. However, the proposal provides a 4m x 4m wide building indentation on the front façade and incorporates top storey setbacks and a low pitched butterfly roof that defines the appearance of two separate “building pavilions” rather than a single building mass. The minor non-compliance is considered negligible when viewed from the street.

The proposal also provides a 2m x 4.3m wide building indentation on the rear façade. Whilst this does not technically comply with the numerical requirements, solid walls and full height louvres are projected on adjoining balconies to exacerbate this depth to a 4m x 4.3m wide building indentation. This, together with the well-articulated rear façade and low pitched butterfly roof creates the appearance of two separate “building pavilions” when viewed from the rear. The 2m numerical non-compliance is considered to be acceptable.

Articulation

The articulation of the building facades has also 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 12m wide panel on the east and west elevations. However, these panels face the side and are visual separated by vertical blade elements or interesting fenestration. The non-compliance is considered to be minor and would not impact upon the front façade which achieves the desired articulation.

· The minimalist façade treatment, interesting fenestration, wrap around balconies, vertical and horizontal blade elements, stepped levels of the building and butterfly roof minimises the bulk and scale and would contribute to the streetscape of Thornleigh Street.

· The building would incorporate a varied use of finishes including masonry, stonework, glass, aluminium on a neutral colour palette.

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

2.10.9 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 space would receive more than 2 hours of sunlight between 9am to 3pm during mid-winter and would be accessed from the foyer via an entry door centrally located on the northern rear of the building which would provide convenient access from all units. 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 that the proposed private and communal open space areas achieve the desired outcome for active recreation areas with privacy and access to sunlight.

2.10.10 Privacy and Security

All wrap around balconies would front the side boundaries. However, movable privacy louvres are proposed for the side facing balconies 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 1m high fence and landscaping including Magnolia Little Gem (Magnolia) trees which grow to a mature height of 5m and Acmena “Allyn’s Magic” (Lilly Pilli) which grows to a mature height of 1.5m.

In terms of security, the proposal comprises an identity safe, clear and direct pedestrian entrance to the centrally located foyer of the building from Thornleigh Street. 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.

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

2.10.12 Housing Choice

Of the 33 units proposed, 3 are 3 bedroom units which result in a unit mix of 9%. This does not comply with the minimum 10% unit mix requirement of the HDCP. The applicant has submitted the following planning justification:

“Rather than 10%, the proposal is for 9% of the apartments to be 3 bedrooms. 10% of 33 apartments require a minimum of 3.3 apartments to be 3 bedrooms. The logical “rounding down” to 3 apartments is appropriate in the circumstance and does not represent a significant departure from the intention of the control.”

The intention of the control is to provide for a range of dwelling types that match the demographic diversity of Hornsby Shire. The proposed development includes a mix of one, two and three bedroom units, including adaptable housing units. Ten out of 33 units (30.3%) are proposed as adaptable units which exceed the minimum 30% requirement of the HDCP. In this regard, the minor non-compliance is considered to be acceptable.

2.10.13 Vehicle Access and Parking

The proposed car parking complies with the required spaces for residents and visitor spaces and provides for 1 motor cycle space. The proposed basement car park is over two levels and is accessed via a 6.1m wide driveway from Thornleigh Street. 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.

2.10.14 Station Street, Thornleigh Precinct

The strategy for redevelopment of this precinct is to predominantly incorporate five storey residential flat buildings in garden settings with parking in basements. The proposal complies with this strategy for the precinct. The development would provide for a landscaped setting and a built form that is consistent with the desired outcome for the Station Street, Thornleigh precinct.

2.10.15 Stormwater Management

The development would connect to Council’s drainage system located in Thornleigh Street via an onsite detention tank and rainwater tank located at the front pedestrian access and ramp 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.

2.10.16 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 addressed by condition in Schedule 1 of this report.

A garbage chute and a recycling bin are provided on each level. For 33 dwellings, the development would require 8 x 240L (or 3 x 660L) recycling bins serviced twice weekly and 7 x 240L recycling bins serviced weekly, plus 1 x 660L paper/cardboard bin for flattened removalist boxes. There is sufficient space in the basement bin room for the volume handling equipment, bin storage and for bulky waste storage. 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 provides a bin collection area, with dimensions 3m x 5.5m, on the western side of the driveway easily accessible by the waste collection vehicle. The area is of sufficient size to house the number of bins required. A small rigid waste collection vehicle would be able to reverse onto the site and park on the driveway while servicing the bins and then leave the site in a forward direction.

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

2.10.17 Accessible Design

The development proposes continuous barrier free access to all floors via a lift and provides access and egress for wheelchairs to the front and rear of the property. 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 AS2890.3-2009 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.

2.10.18 Tree and Vegetation Preservation

The proposed development does not include the removal of any significant trees. Thirteen exotic trees would be removed from the site. Subject to conditions requiring replanting as per the submitted landscape plan, 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 29 residential units in lieu of the four existing residences. Accordingly, the requirement for monetary Section 94 contribution has been recommended as a condition of development consent.

3. ENVIRONMENTAL IMPACTS

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

3.1 Natural Environment

The proposed development would necessitate the removal of thirteen (13) trees from the site. None of these trees are considered to be significant. The trees are exotic species and are exempt from the Tree and Vegetation Preservation Chapter of the HDCP. Trees numbered 1 Araucaria heterophylla and 2 Melia azederach are also exotic species but are located on the adjoining rear properties at No. 18 and 20 Station Street. The Arborist report submitted indicates that these trees are sufficiently setback from the proposed development and would not impact within the trees’ tree protection zones.

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 which incorporate 3 large trees at the front setback including 3 x Angophora floribunda (Rough-barked Apple) which reaches a mature height of 20m, 4 large trees at the rear setback including 3 x Angophora floribunda (Rough-barked Apple) and 1 x Eucalyptus punctate (Grey Gum) which would also reach a mature height of 20m, 5 medium trees at the western setback including 1 x Acmena smithii (Lilly Pilli) which would reach a mature height of 10m and 4 x Eleocarpus reticulates (Blue berry ash) which would reach a mature height of 8m and 7 medium sized canopy trees on the eastern setback including 1 x Acmena smithii (Lilly Pilli), 5 x 4 x Eleocarpus reticulates (Blue berry ash) and 1 x Tristaniopsis laurina (Water box) which would reach a mature height of 7m.

The proposal includes a range of locally native plant species to achieve large canopy trees within the front and rear setbacks and medium canopy trees within the side setbacks, which are also interspersed with a shrub layer and ground covers. The landscaping of the site has been discussed in Section 2.10.7 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.

3.2 Stormwater Management

The development proposes to connect to Council’s drainage system located in Thornleigh Street via a below ground on-site detention (OSD) and rainwater tank located at the front, pedestrian access/ramp of the site. Council’s engineering assessment concludes that the OSD system is satisfactory, subject to conditions recommended in Schedule 1. Consent conditions are also 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.

3.3 Built Environment

3.3.1 Built Form

The buildings would be located within a precinct identified with a future character of five 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.

3.3.2 Traffic

The proposed development would result in 29 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 18 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.

3.4 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 Thornleigh Railway Station and Thornleigh Commercial Precinct allowing direct access to retail, business, recreational, health and educational facilities for future residents.

3.5 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 1 May 2014 and 15 May 2014 in accordance with Council’s Notification and Exhibition Development Control Plan. During this period, Council received 3 submissions. The map below illustrates the location of those nearby landowners who made a submission that are in close proximity to the development site.

NOTIFICATION PLAN

• PROPERTIES NOTIFIED

X SUBMISSIONS

RECEIVED

PROPERTY SUBJECT OF DEVELOPMENT

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

· Unacceptable traffic on local streets;

· Unacceptable street parking which is also impacted by the opening of Aldi and existing businesses within the Thornleigh Commercial Precinct;

· Unacceptable Setbacks;

· Potential Geotechnical Issues to adjoining properties;

· Potential Stormwater Drainage Issues if no easement is created;

· Potential Privacy and noise impacts to adjoining properties;

· Unacceptable visual amenity issues with the use of “reflective” materials;

· Detrimental Impacts to local fauna including existing possum families; and

· Loss of view of the “wider neighbourhood” and trees.

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 Traffic Congestion and Street Parking on Local Streets Due to the Cumulative Impact of the Completed Aldi Development and Existing Businesses within the Thornleigh Commercial Precinct

Council’s traffic assessment concludes that traffic generation is not considered to be an issue with the proposed development as discussed in Section 3.3.2. The Aldi development access is via driveways in Bellevue Street and Station Street. Council approved the development application DA/1848/2007, construction of an Aldi supermarket on Pennant Hills Road subject to Aldi providing a treatment at the intersection of Station and Wood Streets to encourage departing traffic in Station Street to turn left (north) onto Wood Street. The purpose of the condition was to minimise the traffic impact of the development on the local residential streets south of Station Street.

The proposed device consists of a raised threshold / entry treatment in Wood Street, south of Station Street. Two landscaped kerb blisters and contrasting pavement treatment will be provided to encourage drivers departing from Aldi store to return to Pennant Hills Road by the shortest route. Traffic flow at the device will be limited to one lane to discourage non local traffic.

Parking for the proposed development is provided in accordance with HDCP. On-street parking by commuters using nearby Thornleigh is typical of streets in close proximity to train stations and major centres. The proposed development will not impact on the demand or availability of commuter parking.

5.1.2 Potential Geotechnical Issues Concerning Adjoining Properties During Demolition and Construction of Development

A condition is recommended requiring a dilapidation report prepared by a structural engineer detailing the structural condition of all adjoining properties. Additionally other conditions are recommended for the protection of adjoining areas including temporary hoarding, fence or awning to be erected between the work site and adjoining lands before the works begin.

5.1.3 Potential Stormwater Drainage Issues

As discussed in Section 3.2, an underground on site detention system (OSD) is proposed within the front of the site. Council’s engineering assessment concludes that the OSD system is satisfactory, subject to conditions recommended in Schedule 1.

5.1.4 Privacy and Noise Concerns from the Rear Facing Balconies to Adjoining Gardens

The rear setbacks and privacy mitigation measures implemented in the design are in accordance with the SEPP 65 – RFDC and the HDCP. The adjoining rear properties are also located within the Station Street, Thornleigh precinct where the desired future character is for five storey residential development in garden settings.

5.1.5 Visual Amenity Impacts from the Use of Reflective Materials

The proposed building does not incorporate reflective materials in the finishes schedule and is considered to be acceptable with regard to visual amenity.

5.1.6 Loss of Flora and Fauna i.e. Trees and Possum Families

An Arborist Report was submitted with the application which indicates that no significant trees are proposed to be removed. No Fauna Report was required as possums are not included within the Threatened Species Conservation Act, 1995. In this regard, no further consideration is required in this matter.

5.1.7 Loss of Views Due to the Height of the Proposed Development

The height of the proposed development is under the 17.5m height restriction as per the HDCP. It is inevitable that some view loss to the “wider community” would occur with the rezoning for higher density development.

5.2 Public Agencies

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

6. THE PUBLIC INTEREST

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

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

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

CONCLUSION

The application seeks approval for the demolition of existing structures and the construction of a five storey residential flat building comprising 33 units with basement car parking.

The proposed development is generally in accordance with the development controls for the ‘Station Street, Thornleigh’ Precinct of the Hornsby Development Control Plan and would contribute to the future desired five storey residential character of the precinct. The minor non-compliance with prescriptive measures for maximum floorplate dimension, setbacks and housing choice are considered acceptable.

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.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Manager – Development Assessments, Rodney Pickles, who can be contacted on 9847 6731.

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/376/2014

Document Number: D03941195

SCHEDULE 1

GENERAL CONDITIONS

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

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

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

1. Approved Plans and Supporting Documentation

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

Plan No.	Plan Title	Drawn by	Dated
DA200 Issue F	Site Plan	Design Cubicle	19/11/2014
DA201 Issue D	Basement 2 Plan	Design Cubicle	25/9/2014
DA202 Issue E	Basement 1 Plan	Design Cubicle	19/11/2014
DA203 Issue F	Ground Floor Plan	Design Cubicle	19/11/2014
DA204 Issue C	First Floor Plan	Design Cubicle	1/9/2014
DA205 Issue C	Second Floor Plan	Design Cubicle	1/9/2014
DA206 Issue C	Third Floor Plan	Design Cubicle	1/9/2014
DA207 Issue C	Fourth Floor Plan	Design Cubicle	1/9/2014
DA208 Issue C	Roof Plan	Design Cubicle	1/9/2014
DA301 Issue C	Elevations 1/2	Design Cubicle	1/9/2014
DA302 Issue D	Elevations 2/2	Design Cubicle	19/11/2014
DA303 Issue C	Sections	Design Cubicle	1/9/2014
DA701Issue C	SRV Swept Path Analysis 1/2	Design Cubicle	18/9/2014
DA702 Issue C	SRV Swept Path Analysis 2/2	Design Cubicle	18/9/2014
13184 DA1 Rev D	Landscape Concept Plan	Vision Dynamics P/L	7/11/2014
SW374-1 to SW374-5 (5 pages)	Stormwater Plans	Wehbe Consulting P/L	24/9/2014

Document Title	Prepared By	Date
Statement of Environmental Effects	Think Planners P/L	2/4/2014
Basix Certificate No. 537711M	Green Star Energy Solutions	2/4/2014
Design Verification Statement	Design Cubicle	3/4/2014
Quantity Survey Report	MMD Construction Consultants	2/4/2014
Traffic & Parking Report	ML Traffic Engineers	March 2014
Arboricultural Impact Assessment	Redgum Horticultural	19/3/2014
Access Report	Design Cubicle	March 2014
ABSA Assessor Energy Certificate	Gradwell Consulting	1/4/2014
Waste Management Plan	Design Cubicle	March 2014
Music Modelling Report (Stormwater Drainage)	Wehbe Consulting	7/10/2014
External Materials and Finishes Schedule	Design Cubicle	Submitted 15/10/2014
Photomontage	Design Cubicle	Submitted 15/10/2014

2. Amendment of Plans

The approved plans are to be amended as follows:

a) Each dwelling unit 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 within the basement.

b) Letter boxes are to be relocated at least 2m from the front property boundary.

3. Removal of Existing Trees

This development consent only permits the removal of trees numbered 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 and 16 as identified on the Site Tree Location Plan prepared by Hornsby Council dated 21/5/14. The removal of any other trees requires separate approval in accordance with the Tree & Vegetation Chapter 1B.6 Hornsby Development Control Plan (HDCP).

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 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	$20,152.70
Open Space and Recreation	$360,303.65
Community Facilities	$50,237.30
Plan Preparation and Administration	$1,466.15
TOTAL	$432,159.80

being for 6 x 1 bedroom units, 24 x 2 bedroom units and 3 x 3 bedroom units in lieu of four existing dwelling houses.

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

$C_{PY =}$C_DC x CPI_PY

CPI_DC

Where:

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

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

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

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

b) The monetary contributions shall be paid to Council:

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

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

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

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

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

Council’s Development Contributions Plan may be viewed at www.hornsby.nsw.gov.au or a copy may be inspected at Council’s Administration Centre during normal business hours.

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)

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.

8. Water/Electricity Utility Services

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

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

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

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

9. Waste Management Details

The following waste management requirements must be complied with:

a) There must be sufficient space for the garbage chute system on each residential level.

b) The recycling bin cupboard on each residential level must have internal dimension no less than 750mm wide by 870mm deep.

10. Accessible Units

The development is required to provide 10 units designed as adaptable housing pursuant to the requirements of 1C.2.2 of the Hornsby Development Control Plan. In this regard four (4) car parking spaces are to be designed for people with a disability and allocated to 4 adaptable units. The details of all adaptable units must be provided with the Construction Certificate plans.

11. Dilapidation Report

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

12. Construction Traffic Management Plan (CTMP)

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.

13. Stormwater Drainage

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

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

b) The internal drainage system shall have a piped capacity for the 20 year average recurrence interval storm.

14. 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) To improve water quality, the development shall be designed and constructed with a water harvesting system to comply with Council’s Water Quality provisions pursuant to Council’s HDCP 2013 Section 1C.1.2.j. Details to be provided on drainage plans;

b) Have a separate detention capacity of not less than 20 cubic metres, and a maximum discharge (when full) of 36 L per second for the control of runoff. High early discharge systems are not required to be used;

c) Have a surcharge/inspection grate located directly above the outlet. Where grates are located in pedestrian pathways, the grate shall be fabricated with a galvanised fine expanded metal mesh covering to prevent trip and injury to persons;

d) 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 drainage system;

e) To avoid nuisance flooding, an emergency pipe spillway system shall be designed and constructed between the tank design top water level and the tank obvert to carry rare storm flow events directly to the Council drainage system.

15. 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) Council’s standard 150mm integral kerb and gutter to be removed and reconstructed across the frontage of the development on the existing alignment and level; with a 2.4m long kerb inlet and pit to match the existing pit;

b) Council’s standard 1.2m wide 100mm thick concrete footpath to be constructed across the frontage within the road verge on Council’s standard alignment with the remaining area turfed;

c) The existing road pavement to be saw cut a minimum 2.0m from the existing lip of kerb 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) Pursuant to Section 138 Roads Act 1993, a Construction Certificate application for these works shall be made to Hornsby Council for assessment and approval prior to the commencement of the road work. The Applicant shall [pay Council’s fee for application assessment and compliance inspections prior to Construction Certificate approval.

16. 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) The crossing shall be designed and constructed for two-way movement of vehicles on the crossing;

b) The crossing ramp grades shall be designed and constructed in accordance with AS2890.1-2004.

c) A longitudinal section of the crossing shall be provided with Construction Certificate plans.

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.

17. 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) Vehicle movement plans.

d) Traffic management plans.

e) Pedestrian and cyclist access/safety.

18. 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) Retaining walls must have a setback of at least 300mm from kerb lines or edges of carriageways;

d) Basement ramps must have a cross fall with a minimum gradient of 2 percent with kerb inlet pits provided on grade and at low points.

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

19. 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.

20. 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.

21. 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.

22. 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.

23. Tree Protection Barriers

Tree protection fencing must be erected around trees numbered 1 and 2 located on the neighbouring property to be retained at the measured Tree Protection Zone (TPZ) as outlined in Appendix F – Tree Protection Plan within the submitted Arboricultural Impact Assessment prepared by Redgum Horticultural dated 22 November 2013 and revised on 19 March 2014.

All Tree Protection Works must be in accordance with Section 5 within the submitted aforementioned Report. Tree fencing must be constructed of 1.8 metre ‘cyclone chain link wire fence’.

Once erected, tree protection fencing must not be removed or altered without approval by the project arborist.

REQUIREMENTS DURING CONSTRUCTION

24. 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.

25. 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.

26. 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.

27. 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.

28. 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.

29. 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.

30. 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.

31. 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.

32. Works Near Trees

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

All works (including driveways and retaining walls) within the TPZ of any trees required to be retained (whether or not on the subject property, and pursuant to this consent or the Tree Preservation Chapter), 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.

33. Waste Management Details

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

a) The identity of the person removing the waste;

b) The waste carrier vehicle registration;

c) Date and time of waste collection;

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

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

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

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

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

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.

34. Fulfilment of BASIX Commitments

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

35. Sydney Water – s73 Certificate

An s73 Certificate must be obtained from Sydney Water.

36. 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.

37. Creation of Easements

The following matter(s) must be nominated on the plan of strata subdivision under s88B of the Conveyancing Act 191 or as a Dealing under s88E:

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

b) To register the OSD easement, the restriction on the use of land “works-as-executed” details of the on-site-detention system must be submitted verifying that the required storage and discharge rates have been constructed in accordance with the design requirements. The details must show the invert levels of the on site system together with pipe sizes and grades. Any variations to the approved plans must be shown in red on the “works-as-executed” plan and supported by calculations.

c) A separate Execution of Legal Documents (ELD) Application shall be lodged with Council with payment of Council’s scheduled fee for the assessment and approval of the creation of the Positive Covenant and Restriction.

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

38. Works as Executed Plan

A works-as-executed plan(s) must be prepared by a registered surveyor and submitted to Hornsby Shire Council for completed road works, utility works, kerb & gutter, public drainage systems, driveways, internal drainage systems, services and service conduits.

39. 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.

40. Waste Management Details

The following waste management requirements must be complied with:

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

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

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

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

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

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

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

c) Each unit must be provided with an indoor waste/recycling cupboard for the interim storage of a minimum one day’s waste generation with separate containers for general waste and recyclable materials.

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

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

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

Note: Ramps between the different levels are acceptable.

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

Note: Caging of the volume handling equipment is acceptable.

41. Planter Boxes/On Slab Planting

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

42. Street Tree Plantings

The 4 x Callistemon viminalis (Weeping bottlebrush) trees proposed on the front verge as shown in Landscape Concept Plan numbered 13184 DA1 Rev D dated 7/11/2014 drawn by Vision Dynamics P/L shall be installed at a minimum 75L pot size.

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

43. Maintain Canopy Cover

The submitted Landscape Concept Plan prepared by Vision Dynamics Pty Ltd drawing No 13184 DA 1 – Revision D dated 7/11/14 must be adhered to.

44. Completion of Landscaping

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

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

45. 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 within the basement.

46. 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.

47. 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.

48. Safety and Security

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

OPERATIONAL CONDITIONS

49. Waste Management

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

a) A site caretaker must be employed and be responsible for moving bins where and when necessary, washing bins and maintaining waste storage areas, ensuring the chute system and related devices are maintained in effective and efficient working order, managing the communal composting area, managing the bulky item storage area, arranging the prompt removal of dumped rubbish, and ensuring all residents are informed of the use of the waste management system.

50. 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.

51. Sight Distance to Pedestrians/Cyclists

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

52. Residential Parking Spaces

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

53. Visitor Parking Spaces

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

54. Disabled Parking

All parking spaces for people with disabilities must be constructed and operated in accordance with AS/NZS 2890.6:2009 Off-street parking for people with disabilities.

55. Bicycle Parking

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

56. Motorcycle Parking

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

57. Visitor Parking

Residential visitors must be able to access the visitor parking spaces on basement 1 at all times.

58. 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).

59. Fire Safety Statement – Annual

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

- END OF CONDITIONS -

ADVISORY NOTES

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

Environmental Planning and Assessment Act, 1979 Requirements

The Environmental Planning and Assessment Act, 1979 requires:

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

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

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

· Mandatory inspections of nominated stages of the construction inspected.

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

Long Service Levy

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

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

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

Tree and Vegetation Preservation

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

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

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

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

Disability Discrimination Act

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

Occupation Certificate Requirements

The requirements are required to be lodged with Hornsby Shire Council containing the following information:

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

Subdivision Certificate Requirements

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

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

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

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

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

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

Fees and Charges – Subdivision

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

Dial Before You Dig

Prior to commencing any works, the applicant is encouraged to contact Dial Before You Dig on 1100 or www.dialbeforeyoudig.com.au for free information on potential underground pipes and cables within the vicinity of the development site.

Telecommunications Act 1997 (Commonwealth)

If you are aware of any works or proposed works which may affect or impact on Telstra’s assets in any way, you are required to contact: Telstra’s Network Integrity Team on Phone Number 1800810443.

Asbestos Warning

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

www.environment.nsw.gov.au

www.nsw.gov.au/fibro

www.adfa.org.au

www.workcover.nsw.gov.au

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

House Numbering

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

Group Manager’s Report No. PL84/14

Planning Division

Date of Meeting: 10/12/2014

9 DEVELOPMENT APPLICATION - FIVE STOREY RESIDENTIAL FLAT BUILDING COMPRISING 58 UNITS - 442 - 446A PEATS FERRY ROAD, ASQUITH

EXECUTIVE SUMMARY

DA No:	DA/690/2014 (Lodged 25 June 2014)
Description:	Demolition of existing structures and the erection of a five storey residential flat building comprising 58 units with basement car parking
Property:	Lot 30 DP 23965, Lot 1 DP 1052515, Lot 3 DP 1052515, Lot 2 DP 1052515, Nos. 442-446A Peats Ferry Road, Asquith
Applicant:	TF Development Trust
Owner:	Mr G Fusca, Mrs A Fusca, Mr A Speziale, Mrs N Speziale, Ms D Reid, Mr A Minko, Mrs E Minko
Estimated Value:	$11,800,000
Ward:	A

· The application proposes demolition of existing structures and the erection of a five storey residential flat building comprising a total of 58 units with basement 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 2013.

· The proposal does not comply with the 17.5m height development standard under the HLEP. A submission has been made in accordance with Clause 4.6 of the HLEP to vary the standard. The submission to vary the standard is well founded and is supported.

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

· It is recommended that the application be approved.

RECOMMENDATION

BACKGROUND

The subject land was zoned 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 64 units, or 72 dual key apartments, was lodged on 25 June 2014.

On 5 August 2014, Council raised concerns regarding the design of the building. This included non-compliances with building setbacks, design, locating the stormwater OSD on the roof, the mix and amenity of the proposed units, and conflicts with siting the driveway adjacent to the NE (side) boundary and pedestrian crossing. Meetings were subsequently held between Council officers and the applicant to discuss the concerns.

On 22 September 2014, the applicant forwarded amended concept plans and a plan of the driveway and pedestrian crossing requested by the RMS.

On 10 October 2014, a meeting was held to discuss the amended concept plans received. A number of design issues were raised. Council recommended that the driveway be relocated to the south-western side boundary away from the pedestrian crossing.

On 27 October 2014, Council received a letter from the RMS recommending the driveway be relocated to the southern boundary, away from the pedestrian crossing.

On 29 October 2014, amended plans were formally submitted involving a redesign of the building to accommodate 58 units and the relocation of the driveway to the south-western side boundary. These plans were renotified to neighbours and objectors.

On 10 November 2014, a meeting was held with the applicant to discuss further minor amendments to the plans. Minor changes included modifications to the basement, alterations to the units facing Asquith Boys High School to improve solar access, increasing the setback of a balcony adjacent to the NE boundary and stepping down the roof height adjacent to the 4x4 indentation.

SITE

The site is located on the south-eastern side of the Peats Ferry Road, Asquith, formerly known as the Pacific Highway. The site is irregular in shape and has an area of 2566m² with a 50m frontage to Peats Ferry Road and a 55m south-western side boundary with Asquith Boys High School. The site comprises four allotments, Nos. 442-446A Peats Ferry Road, Asquith. The site has a gentle slope of less than 1% downwards from the Pacific Highway towards the rear property boundary.

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

The site contains a number of exotic and native planted trees.

The site forms part of a precinct which is undergoing redevelopment. The surrounding developments currently include predominately single storey residential dwellings. The adjacent property to the rear has been approved for five storey residential flat buildings.

The site is located approximately 390m from Asquith Railway Station and approximately 220m to the south west of Asquith shops.

PROPOSAL

The proposal involves demolition of existing structures on the site and construction of a five storey plus mezzanine residential flat building comprising 58 units with two levels of basement car parking and associated landscaping works.

The unit mix would comprise 11 x 1 bedrooms, 35 x 2 bedroom, and 12 x 3 bedroom units. The units would be accessed via two lifts centrally located on either side of the building and would include balconies fronting the street, rear and side property boundaries.

The development would be accessed from Peats Ferry Road via a driveway located close to the south-western side boundary, adjacent to Asquith Boys High School. Pedestrian access to the development is provided towards the centre of the building via Peats Ferry Road. A total of 71 car parking spaces, including 8 visitors’ parking spaces are proposed in two basement levels.

The site would drain to a detention tank located 1m above ground adjacent to the northern corner of the building, and thereafter drain to Council’s drainage system in Peats Ferry Road.

ASSESSMENT

1. STRATEGIC CONTEXT

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

The North Subregion comprises Hornsby, Kuring-gai, Manly, Warringah and Pittwater Local Government Areas. The Draft North Subregional Strategy acted as a framework for the 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 54 additional dwellings and would contribute to housing choice in the locality.

2. STATUTORY CONTROLS

2.1 Hornsby Shire Local Environmental Plan 2013

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

2.1.1 Land Use Zones and Permissibility

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

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

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

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

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

2.1.2 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 does not comply with this provision and exceeds the height by 0.325m as discussed in detail at 2.1.3 below.

2.1.3 Exceptions to Development Standards

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

On the Height of Buildings Map, the maximum height is 17.5m. The proposed building exceeds the maximum control.

Building Height is defined by the HLEP as follows:

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

Clause 4.3 of the HLEP states that the objective of the Building Height control is to permit buildings appropriate for the site constraints, development potential and infrastructure capacity of the locality.

The applicant has made a submission in support of a variation to the maximum Building Height of 17.5m under Clause 4.6 of the HLEP. The development application seeks to vary the maximum building height by 0.325m or 2% for a length of approximately 8m in the eastern corner of the building footprint. The applicant states the proposed building height variation is considered to be consistent with the objectives of the control and is justified as follows:

· The building is 5 storeys in height and is contextually appropriate;

· The height standard is exceeded as a result of a depression in the land and that most of the proposed building is compliant with the height standard;

· Full compliance with the height standard would simply increase the amount of soil excavated;

· The building’s bulk and scale is not unreasonably increased and the variation of the height control will not be readily visible from the street;

· The variation to the height control would not result in additional overshadowing, overlooking or impacts on views in comparison to a fully compliant building height scheme;

· The development is consistent with Council’s strategic planning vision, the underlying objectives of the building height standard, the R4 High Density Residential zone objectives, and State and Regional Planning Policies; and

· Compliance is unreasonable and unnecessary in the circumstances of this case.

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

· Planning and Infrastructure NSW Guidelines on varying development standards recommend considering the provisions of Clause 4.6 of the LEP and the ‘five part test’ established by the Land and Environment Court relating to the variation, as reproduced in the following:

The ‘Five Part Test’

a) the objectives of the standard are achieved notwithstanding noncompliance with the standard;

b) the underlying objective or purpose of the standard is not relevant to the development and therefore compliance is unnecessary;

c) the underlying object of purpose would be defeated or thwarted if compliance was required and therefore compliance is unreasonable;

d) the development standard has been virtually abandoned or destroyed by the council’s own actions in granting consents departing from the standard and hence compliance with the standard is unnecessary and unreasonable;

e) the compliance with development standard is unreasonable or inappropriate due to existing use of land and current environmental character of the particular parcel of land. That is, the particular parcel of land should not have been included in the zone.

· The development satisfies Part 1 of the test as the objective of the Building Height standard to limit the scale of development is achieved notwithstanding non-compliance with the development standard.

· The proposal would not set an unacceptable precedent for the precinct, taking into account that the excess height is limited to a localised topographical depression in the land.

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

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

2.1.4 Earthworks

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

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

2.2 State Environmental Planning Policy No. 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 that the proposed development achieves the design principles of SEPP 65. The design principles of SEPP 65 and the applicant’s submission are addressed below.

2.2.1 Principle 1 – Context

Design Principle 1 is as follows:

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

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

The applicant’s submission 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.

2.2.2 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 generally in accordance with the height control and setbacks for the precinct prescribed within the Hornsby DCP. The height control excess previously described at 2.1.3 is minor and consistent with the objective of promoting 5 storey buildings in the locality. The building footprint along the front façade is 37.4m in length and 41.5m at one point within the middle of the building which does not comply with the maximum floorplate of 35m prescribed within the Hornsby DCP. However, the building bulk along these elevations has been minimised by locating most of the additional footprint length away from the front facade of the building along with the use of wrap-around balconies to soften the corners of the building. 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.

2.2.3 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 the building with an increased top storey setback on the external facades to minimise bulk and height of the building as required by the Hornsby DCP. The proposal complies with the built form principle of SEPP 65.

2.2.4 Principle 4 – Density

Design Principle 4 is as follows:

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

The HLEP does not incorporate floor space ratio requirements for the site. The density of the development is governed by the height of the building, the floor plate control and the required setbacks. The applicant’s Statement of Environmental Effects advises in response to the Density principle that “the design responds to the shape and width of the site with the number of units comparable to recently approved developments within the vicinity of the site”. The height control in the eastern corner of the building is exceeded but is limited and does not contribute to an increased density of development.

The original plans proposed 72 dual key apartments. Following discussions with Council and amendments to the plans, the number of proposed units has been reduced to 58. The proposed variation to the building floor plate control is a reflection of the site consolidation pattern pursued and the bulk has been limited at the street frontage.

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.

2.2.5 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.

2.2.6 Principle 6 – Landscape

Design Principle 6 is as follows:

The application includes a landscape concept plan which provides landscaping along the street frontage, side and rear boundaries. Part of the basement encroaches into the required deep soil setback along the side (south western) boundary however, this encroaching structure can be planted over to achieve the desired future character of a landscaped setback that accommodates small trees 6-7m in height. While the proposed landscape plan provides no locally indigenous canopy trees along the street frontage or rear boundary as required by the HDCP, this can be addressed as a condition of consent. Given the above, the proposal satisfies the intent of the ‘Landscaping’ principle of SEPP 65.

2.2.7 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 some natural ventilation, solar access and acoustic privacy.

Sunlight access in mid-winter would be available to 34 (59%) of units balconies and living areas for 2 hours per day in mid-winter which does not comply with the RFDC rules of thumb that require such to 41 (70%) of units. The units on the western elevation that face the Asquith Boys High School side boundary on the lowest four floors would receive 2 hours of sunlight between 2pm and 4pm in mid-winter. As a result a total of 41 (70%) of units could achieve sunlight access for 2 hours over an extended time period in mid-winter. In addition, seven units on levels 3, 4 and 5 that face the internal void would achieve some sunlight access to living room rooms, but not to the balconies, providing an improved level of amenity to these south facing units.

Privacy has been achieved through appropriate design and orientation of balconies and living areas. The internal courtyard area excludes walkways linking the two lift cores on the upper levels to minimise amenity impacts from residents walking past bedroom or living room windows that face into the central void. Consent conditions are recommended to require high sills and window/ balcony screens to further improve privacy.

All units incorporate balconies accessible from living areas and communal open space is provided within, and around, the perimeter of the building. A number of the proposed balconies are smaller than the area prescribed by the Hornsby Development Control Plan. Consent conditions require some of the balconies that are undersized to be increased as a condition of consent. The principle communal open space area is provided on the ground floor in the central foyer of the building and will not achieve 2 hours of sunlight in mid-winter. The development is able to provide for an increased communal open space area in the front setback. This is required as a condition of consent.

A limited amount of storage has been provided within the units and storage cages are provided above the parking spaces within the basement levels. Consent conditions require the development to comply with the storage provisions of the Residential Flat Design Code.

The proposal would provide convenient and safe access via two central lifts in the building. With appropriate consent conditions, the proposal satisfies the ‘Amenity’ principle of SEPP 65.

2.2.8 Principle 8 – Safety and Security

Design Principle 8 is as follows:

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

The proposal includes an assessment of the development against crime prevention controls in the 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. Subject to the imposition of conditions of consent addressing the above matters the proposal is supported in respect of safety and security.

2.2.9 Principle 9 – Social Dimensions and Housing Affordability

Design Principle 9 is as follows:

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

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

The site is located in close proximity to Asquith 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.

2.2.10 Principle 10 – Aesthetics

Design Principle 10 is as follows:

The architectural treatment of the building is generally consistent with the design principles contained within the Residential Flat Design Code and the Council’s Hornsby 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 2.9 of this report.

2.3 State Environmental Planning Policy No. 65 – Residential Flat Design Code

Residential Flat Design Code
Control	Proposal	Requirement	Compliance
Deep Soil Zone	32%	25%	Yes
Communal Open Space	38% >50m²	25-30% 50m²	Yes Yes
Ground Level Private Open Space	<25m² (5/12 units) Min Dimension<4m	25m² Min Dimension 4m	No No
Minimum Dwelling Size	1 br – 58m²-68.5m² 2 br – 69m²-100m² 3 br – 93m²-102m²	1 br – 50m² 2 br – 70m² 3 br – 95m²	Yes No No
Maximum Kitchen Distance	9-10m	8m	No
Minimum Balcony Depth	<2m (2 units) (4.04 & 4.06)	2m	No
Ceiling Heights - Residential Floors	Storeys 1-4 - 2.7m Storey 5 - 2.4- 5m	2.7m (Min)	Yes Yes
Total Storage Area	1 bed - <6m³ 2 bed - <8m³ 3 bed - <10m³	1 bed - 6m³ (Min) 2 bed - 8m³(Min) 3 bed - 10m³ (Min) 50% accessible from the apartments	No
Dual Aspect and Cross Ventilation	21 internal aspect 20 external aspect Total 41 units - 71%	60%	Yes
Adaptable Housing	30%	10%	Yes

As detailed in the above table, the proposed development complies with the prescriptive measures within the Residential Flat Design Code (RFDC) other than ground level open space, minimum dwelling size, maximum kitchen distance and storage areas. Below is a brief discussion regarding the relevant development controls and best practice guidelines.

2.3.1 Ground Floor Apartments and Private Open Space

The proposal does not comply with the Code’s best practice of 25m² ground level private open space requirement for the ground floor units and all ground floor courtyards do not have a 4 metre minimum width dimension.

Units 4.01 and 4.06 are provided with a balcony that is 1m to 1.6m wide. The recommended consent conditions require the balcony area have a minimum dimension of 2m as required by the RFDC.

2.3.2 Apartment Layout

The design of the proposed building includes a central courtyard void. As a result, the layout of the proposed apartments includes a combination of single aspect units, dual aspect units with a window to the central void, 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 (6 units) be south facing. The application provides 15 units (26%) with a south facing aspect. The proposal addresses this non-compliance by including a living room window with a northerly aspect into the central courtyard for 11 of the 15 south facing units. Seven of these units on levels 3, 4 and 5 would achieve sunlight access in mid-winter. These windows are proposed to be provided with a privacy screen to the face of the full height window to mitigate potential visual privacy conflicts with the communal walkways and the bedrooms on the opposite side of the courtyard void. Consent conditions reinforce the requirement for privacy screens on windows adjacent to the central void walkways.

The RFDC prescribes minimum dwelling sizes to promote affordable housing. Four of the 3 bedroom units have an area of 93m² which is less than the minimum of 95m² prescribed in the RFDC. The minor variation to the size of the units would not compromise the amenity of the units. Each unit is provided with a reasonable sized living area, internal circulation space and balcony in accordance with the HDCP requirements.

The RFDC requires that the back of a kitchen should be no greater than 8m from a window. A number of units contain kitchens where the back wall is 9-10m from a window. These units offer an open layout with natural ventilation and accordingly, the non-compliance is acceptable with respect to residential amenity.

With consent conditions, 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 are acceptable in this regard.

2.3.3 Internal Circulation

On the upper levels the building would function as two towers with two lifts, where 6 units per floor utilise each lift which is generally in accordance with the Code’s best practice guidelines for up to 8 units per lift. The proposal is acceptable with respect to the requirements of the RFDC for internal circulation.

2.3.4 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 areas or fire stairs would act as a buffer between units. Bedrooms and service areas such as kitchens, bathrooms and laundries would be grouped together wherever possible.

The application did not include an acoustic report because the site adjoins Peats Ferry Road which has an AADT of less than 40,000 vehicles and the site is not on land adjacent to a rail corridor.

2.3.5 Storage

The proposed building includes resident storage areas for 38 units (65%) within the apartments ranging in size from 1-3m³, accessed from a hall or living room. In addition storage cages are provided over each of the vehicle parking spaces in the basement, each with a capacity of approximately 1.5m³. Some of the 1-Bed units would not be allocated a car parking space in the basement however they could utilise the storage cages proposed above the visitor parking spaces. 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 at least 50% is required to be located within the apartment and provided in addition to bedroom and kitchen cupboards. It is recommended that this be addressed as a condition of consent. 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.

2.4 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 a BASIX Certificate for the proposed units and is considered to be satisfactory. The consent conditions require the certificate to be updated to reflect the amended plans recently submitted to Council.

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

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

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

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

2.7 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.

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

2.9 Hornsby Development Control Plan

The proposed development has been assessed having regard to the relevant performance and prescriptive requirements within Council’s Hornsby Development Control Plan 2013 (HDCP). The development controls within “Section 3.4-Residential Flat Building (5 storeys)” of the HDCP applies to the site in addition to the general controls within Part 1 of the document. The following table sets out the proposal’s compliance with the prescriptive requirements of the Plan:

Hornsby Development Control Plan
Control	Proposal	Requirement	Compliance
Site Width	50.3m	Min – 30m	Yes
Height	5 storey including mezzanines – 17.8m	5 storey – 17.5m	No
Lowest Residential Floor Above Ground	<1m	Max 1.5m	Yes
Maximum Floorplate Dimension	N-S – 41.5m E-W– 33.5m	35m	No Yes
Building Indentations	NW (front) 4m x 4m NE (side) 2m x 4m SE (rear) 4mx4m SW (side) 4m x 4m	4m x 4m	Yes No Yes Yes
Height of Basement Above Ground	0.8m	1m (max)	Yes
Front Setback Peats Ferry Road (NW)	8-10m 8m < 1/3 frontage 7m balconies	10m 8m < 1/3 frontage 7m balconies	Yes Yes Yes
Side (NE)	6m 4m < 1/3^rd building (10.4m)	6m 4m < 1/3^rd building (10.6m)	Yes Yes
Rear (SE)	10m 8m < 44% building (15m) 5.7m - 8m balconies	10m 8m < 1/3^rd building (11.3m) 7m balconies	Yes No No
Side (SW)	6m 4m < 48% building (16.2m)	6m 4m < 1/3^rd building (11.3m)	Yes No
Top Storey Setback From Ground Floor	3m setback, except parts of the elevations where the setback is reduced to 1m.	3m	No
Underground Parking Setback	Front – 6m NE Side – 4m Rear – 8m SW Side – 0m - 6m	7m 4m 7m 4m	No Yes Yes No
Basement Ramp Setback	2m	2m	Yes
Deep Soil Landscaped Areas	Front – 6m NE Side – 4m (mostly) Rear – 7m+ (average) SW Side – 0-4m	7m 4m 7m 4m	No Yes Yes No
Private Open Space Min Width 2.5m	1 br units - < 10m² 2 br units - < 12m² 3 br units - >16m²	10m² 12m² 16m² Min 2.5m wide	No No Yes No
Communal Open Space with minimum dimension 2.5m	38%	25%	Yes
Parking in basement (site within 800m of railway Station)	63 resident spaces 8 visitor spaces 12 bicycle racks 1 motorcycle space	61 resident spaces 8 visitor spaces 18 bicycle racks 2 motorcycle space	Yes Yes No No
Sunlight Access	52%	70%	No
Housing Choice	11 x 1 br units – 17% 35 x 2 br units – 64% 12 x 3 br units – 19%	10% 10% 10%	Yes Yes Yes
Adaptable Units	31%	30%	Yes

As detailed in the above table, the proposed development does not comply with the prescriptive measures within the Council’s Hornsby DCP regarding height, maximum floor plate, building indentations, setbacks, landscaping, private open space, sunlight access and parking. The matters of non-compliance are detailed below, as well as a brief discussion regarding the desired outcomes and the prescriptive measures.

2.9.1 Desired Future Character

The proposed 5 storey residential flat building would be sited within the Jersey Street North Asquith 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 elevations indicate rendered brickwork in predominately white and grey tones, with some contrasting elements of green and red. 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.

2.9.2 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 Hornsby DCP.

2.9.3 Site Requirements

The Housing Strategy DCP requires sites to have a minimum frontage of 30 metres. The subject site has a frontage of 50m to Peats Ferry Road and complies with this requirement. The proposed development would not result in an isolated site or compromise development in accordance with the Hornsby DCP.

2.9.4 Height Requirements

The proposed five storey building marginally exceeds the 17.5m maximum building height development standard by 0.325m as previously discussed at Section 2.1.2 and 2.1.3 of this report. The mezzanine floor incorporated within the 5^th storey is generally limited to a third of the floor space of each unit below. The proposed buildings involve excavation works for the basement car park and for finished ground levels. The ground floor is within 1m of the existing ground level.

The roof design incorporates flat pitched roof without parapets but does not include wide eaves on the south-western and north-eastern elevations as required by the HDCP. Subject to a condition of consent to provide eaves on all elevations the proposal would be compatible with the built form envisaged for this redevelopment precinct. Accordingly, the proposed development is considered satisfactory in respect to five storey built form.

2.9.5 Floorplates

The subject site comprises four allotments with a frontage of 50m to Peats Ferry Road. Given the width of the site and taking into consideration minimum side boundary setbacks, a building footprint 41.5m in length is proposed at the mid-point of the building, which does not comply with the maximum floorplate of 35m prescribed within the Hornsby DCP. However, at the front streetscape, the building length is reduced to 37.5m. The proposal also incorporates the use of wrap-around balconies which has the effect of reducing the bulk and scale of the building by breaking up the built form. 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 in accordance with the desired outcomes of the HDCP.

2.9.6 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:

Front NW Setback

The Hornsby DCP permits the external walls of the buildings to be setback 8m for a maximum of 1/3 of the building width. The external enclosing walls and balconies of the building comply with this control. However, the basement is not setback 7m from the front, rather it is setback 6m. The basement element is below ground and acceptable, as discussed further at 2.9.7 below.

NE Side Setback

The Hornsby DCP permits up to 1/3 of the building to be setback between 4m and 6m to a side boundary. The development does not comply as although 1/3 of the external enclosing walls are setback at 4m, there are a number of balcony encroachments to 4m or 5m. These balconies contribute to the articulation of the building and where they are setback less than 6m, are provided with a privacy screen to protect the amenity of the adjacent property. A set of above ground fire stairs are located within the 4m landscaped setback and are visible from the public domain. The consent conditions require this to be modified to be an open fire stair without a roof, as proposed in the SW side setback. With appropriate consent conditions, the development does not compromise the setback element objective of requiring well-articulated buildings that are setback to incorporate landscaping, open space, privacy and separation between buildings.

SW Side Setback

The Hornsby DCP permits up to 1/3 of the building to be setback between 4m and 6m to a side boundary. The development does not comply as 48% of the building is setback at 4m. As the site adjoins an open space area which forms part of Asquith Boys High School (ABHS), and is not proposed for 5 storey residential flat buildings, the non-complying setback is supported as it does not compromise the setback element objective of requiring well-articulated buildings that are setback to incorporate landscaping, open space, privacy and separation between buildings.

SE Rear Setback

The Hornsby 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 the building. Accordingly, it is appropriate to consider an averaging of the setback encroachment in this location. Using this argument, the building footprint can encroach by 25m² into this area, whereas the development exceeds this amount by 5m². Similarly the balconies marginally encroach into the 7m rear setback control, being setback 6m for a corner of one of the balconies. However, taking into account the balconies setback increases to 8m, on average the setback complies with the 7m control.

Despite the minor variations, the rear elevation is well articulated incorporating numerous steps and indentations along the building façade and would meet the articulation objectives of the HDCP.

Top Storey Setback

The HDCP requires 5 storey residential flat buildings to incorporate a 3m additional setback for the top storey on all elevations. The top storey 3m setback is not provided in variations locations around the building on each façade. The non compliances extend for a length of 4m in the front façade, 11m in each of the NE and SW side façades and 12m in the rear façade. Where the 3m setback is not achieved, a 1m to 2m setback has been provided to provide for the intent of the planning control to provide for a top storey that steps back from the walls below. There is a small portion of Unit 4.04 in the eastern corner where no setback is provided. The recommended consent conditions require this to be modified to a 1m setback to ensure that the maximum sheer vertical rise of the building is limited to 4 storeys in accordance with the HDCP.

2.9.7 Landscaping

The landscaping provisions of the Hornsby DCP prescribe that a 7m wide landscaped area is to be provided at the front and rear and a 4m wide landscaped area provided along the side boundaries.

The proposed development has designed the basement to achieve the front and rear deep soil landscaped setback. The basement is sited with a 6m front setback and a 8m rear setback because the site is burdened by an existing sewer main in the rear. The encroaching basement in the front setback is close to existing ground level and is able to accommodate a landscape planter over, therefore the proposed variation to the planning control does not impact on the overall extent of deep soil landscaping available.

The development includes encroachments into the 4m side landscape setback. Along the NE (side) boundary this includes a fire stair and above ground stormwater detention tank. These structures are well setback from the front boundary and setback 2.5m from the side boundary and therefore still provide potential for an appropriate landscape setting. As previously discussed, the recommended consent conditions require the deletion of the roofed element over the fire stairs.

Encroaching structures are also provided along the SW (side) boundary with Asquith Boys High School, including fire stairs and a 12m length of basement. The roof of the basement is close to existing ground level and could be landscaped over to provide a landscaped setting for the development. This is required as a condition of consent.

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 landscaping would include planting of locally indigenous trees in suitable locations that would contribute to the streetscape setting and the local tree canopy, with consent conditions.

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

2.9.8 Articulation

Each façade is designed to appear as two separate pavilions with a central 4m wide indentation. The buildings are 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 maximum sheer vertical rise of the building is able to be limited to 4 storeys and the facades are expressed as 2 or 3 distinct levels. As previously discussed, the consent conditions require an increased setback for Unit L4.04. While the Peats Ferry Road façade incorporates a 4 storey sheer vertical plane across the frontage, the inclusion of balconies and an architectural framing element at levels 1 to 3 provides a distinctive difference to the aesthetics of the ground floor. The proposed buildings comply with the Hornsby DCP and meet the desired outcome for development of a scale and bulk which enhances the streetscape character.

2.9.9 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, with the exception of the following described below.

Unit G0.10 on the ground floor is a 2 bed unit that is provided with 10m² rather than 12m² of private open space and a depth of 2m. It is not appropriate to condition that this unit comply with the HDCP open space provisions as the unit size is already at a minimum. This would be the only 2 bed unit out of a total of 35 x 2 bed units in the development with an undersized balcony.

Units L1.05, L2.05, L3.05 adjacent to the 4m wide indent in the NE façade have a depth of 2m, rather than 2.5m as required by the HDCP. The reduced balcony depth is acceptable as it has been setback 6m to the boundary and it serves a 1 bed unit and the balcony dimensions proposed would provide for 1 table and 2 seats which reflects the occupancy of the unit. The 2m depth is consistent with the requirements of the Residential Flat Design Code. Units L4.01 and 4.06 are also 1 bed units however their balconies are less than 2m in width and are conditioned to comply with the minimum 2m balcony depth required by the RFDC.

2.9.10 Privacy

The proposed development is appropriately designed for privacy with the majority of units having an external outlook. In addition, high sill windows and balcony screens are able to be erected along the façades where required to further mitigate against any future privacy conflicts.

2.9.11 Sunlight and Ventilation

The proposed development is able to comply with the Hornsby 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 indicate the overshadowing impacts of the development to adjoining properties at 9am, 12pm and 3pm on June 22. The extent of overshadowing likely to occur would generally be consistent with that expected within the redevelopment precinct, if the development generally complies with the height and setback controls.

2.9.12 Housing Choice

The proposed buildings include a mix of one, two and three bedroom units that range in size and style. The proposal is for 11 x 1 bed, 35 x 2 bed and 12 x 3 bed units. The proposed housing mix complies with the HDCP requirement for at least 10% of each dwelling type. Adaptable dwellings are able to comply with the 30% required by the HDCP.

2.9.13 Vehicle Access and Parking

Vehicle access to the proposed basement car park is via a driveway off Peats Ferry Road that varies in width from 6m adjacent to the road, to a 3.5m wide single laneway. The driveway is designed to accommodate Council’s small SRV garbage truck and comply with the Australian Standard in terms of gradients and widths.

The basement includes 71 car parking spaces including 6 disabled parking spaces and 12 bicycle spaces.

The width of 2 disabled parking spaces does not comply with the Australian Standard which will require some modifications to the basement, resulting in the loss of 1 car parking space. As a result the basement would comprise 70 car parking spaces. The proposed unit mix requires 69 car parking spaces, accordingly the development still complies with the HDCP requirement for car parking. The application is also deficient 1 motorcycle space which is required as a consent condition.

The application proposes 12 vertical bicycle storage spaces in the basement whereas the HDCP requires 18 spaces. The location of some of the bicycle spaces also conflicts with the truck turning area. The applicant has provided additional bicycle storage in the common foyer in a location that will conflict with access to the lift and is contrary to the HDCP. Recommended consent conditions require additional bicycle storage areas to be provided in an extended basement in the rear setback in accordance with the HDCP and the Australian Standard. The location of this bicycle storage area is able to comply with the HDCP setback controls.

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

2.9.14 Pacific Highway Jersey Street North Asquith Precinct

The strategy for redevelopment of this precinct is to incorporate five storey residential flat buildings in garden settings with parking in basements. The development would provide for a landscaped setting and a built form that is consistent with the desired outcome for the Jersey Street North Asquith precinct. The scheme is consistent with the built form controls to provide for design quality for all facades that are visible from the street frontages and school yards.

The proposal maintains setbacks generally in accordance with the Hornsby DCP with consent conditions, and provides for extensive tree planting and landscaping around the building. The development would provide a landscaped setting and a built form that is consistent with the desired future outcome for the precinct.

2.10 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 58 residential units in lieu of the four existing residences. Accordingly, the requirement for a monetary contribution has been recommended as a condition of development consent.

3. ENVIRONMENTAL IMPACTS

3.1 Natural Environment

3.1.1 Trees

The site comprises a number of exotic and native planted trees. The proposed development would necessitate the removal of all 26 existing trees from the site. None of the trees to be removed are identified as ‘significant trees’ in accordance with Council’s criteria for the assessment of significant trees.

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 87 small to medium trees and 3 canopy trees are to be planted. The recommended consent conditions require additional medium trees along the side setbacks and the inclusion of locally indigenous canopy trees in the front and rear setback. Subject to the consent conditions and on-going maintenance of the landscaped area, the development would achieve an appropriate landscape setting and would be acceptable with respect to the natural environment.

3.1.2 Stormwater Management

The application proposes to dispose of stormwater from the development by connecting into an above on-site detention (OSD) system located approximately 1m above ground and sited adjacent to the northern corner of the building, and thereafter drain into Council stormwater drainage system in Peats Ferry Road. The development proposes to incorporate a rainwater tank and stormwater quality management device within the basement.

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 13 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 Peats Ferry Road is currently in the order of 1000 vehicles per hour two-way in peak hour. In the vicinity of the development site, Peats Ferry Road has one travel lane per direction. In terms of carriageway capacity, this equates to 1,800 vehicles per hour per lane. Based on the observed traffic flows, the estimated V/C ratio or Volume to Capacity Ratio (the degree of congestion) of Peats Ferry Road has been established to be less than 0.27 which is less than 27% of nominal capacity.

The RMS provided comments on this application on 24 October 2014 raising concern with the initial proposal that located the driveway adjacent to the NE (side) boundary due to the potential conflict with an existing pedestrian crossing that is utilised by many Asquith Boys High School students. The application was subsequently amended on 29 October 2014 relocating the driveway to the opposite SW (side) boundary.

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 Asquith 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 a 5 storey apartment building. The site is not identified as bushfire prone, flood prone or bushland. 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 10 July 2014 and 24 July 2014 in accordance with Council’s Hornsby Development Control Plan. During this period, Council received three submissions. Following the submission of amended plans on 29 October 2014, the application was renotified to adjoining properties and previous objectors between 4 November 2014 and 18 November 2014. During this period, Council received no submissions. The map below illustrates the location of those nearby landowners who made a submission that are in close proximity to the development site.

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

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

· A 6 storey development that is contrary to the 5 storey height permitted;

· Unacceptable privacy and overshadowing impacts on the adjacent dwelling house;

· Inadequate landscaping along the north-eastern (side) boundary;

· Unacceptable traffic impacts and a loss of on-street car parking;

· Unacceptable impacts during construction including noise, safety impacts from overhead cranes and trucks on local streets;

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 Building Height of 6 Storeys

Concerns were raised that the development is 6 storeys, rather than 5 storeys as required by the Hornsby DCP. The development includes a mezzanine in the 5^thfloor which is not counted as a storey in accordance with the definitions within the Hornsby LEP 2013 and DCP 2013 that defines as storey as:

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

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

(b) a mezzanine, or

(c) an attic.

5.1.2 Privacy and Overshadowing

Concerns were raised that the development includes windows and balconies that overlook the side north-eastern boundary that would impact on the privacy of the adjacent dwelling house. The adjacent site to the north-east is zoned for 5 storey residential apartment development and is capable of being redeveloped in the future for this land use. Accordingly, the design of this building is required to take into account the desired future character of the precinct when considering potential privacy conflicts. The development is generally setback at 6m which complies with half of the building separation provisions within the Hornsby DCP and RFDC. Where the development is elevated and setback between 4m and 6m, privacy screens or high sills are provided to habitable rooms and balconies.

Concerns were raised that overshadowing of the adjacent property to the north-east would be unacceptable. In particular, concerns were raised that the overshadowing in summer would be worse than that indicated on the mid-winter plans submitted. The extent of overshadowing is the most extreme in mid-winter which is why this is used by the Council and the RFDC as the sunlight access plan to consider. Overshadowing in summer is not as significant as the sun is higher in the sky.

5.1.3 Landscaping along North-Eastern Side Boundary

Concerns were initially raised by the resident adjoining the site’s NE (side) boundary that the extent of landscaping was significantly compromised by encroachments including the driveway. The amended plans now locate the driveway on the opposite side boundary adjacent to ABHS and accordingly, extensive landscaping can be achieved along this NE boundary. The amended landscape plan indicates a number of small trees along this NE boundary including 13x 6m high Lilly Pilli trees.

5.1.4 Traffic Generation, Safety and Parking

Concerns are raised that Peats Ferry Road does not have adequate capacity to accommodate the traffic generated by this development. 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 discussed, the location of the proposed driveway is in the preferred location by the Traffic Branch and the RMS to facilitate traffic and pedestrian safety and the traffic volumes on Peats Ferry Road is currently in the order of 27% of the capacity.

Concerns were raised that the new residents would decrease the amount of on-street parking currently available. The volume of on-site parking provided is consistent with that required by the Hornsby DCP.

5.1.5 Construction Impacts

Concerns were raised that ongoing construction noise would impact on the adjacent elderly residents. A recommended condition of consent has been included to limit the hours of construction noise.

Concerns were raised about the safety hazard caused by cranes swinging over adjacent residential properties. The possibility that the developer may install and utilise a crane on the development site is not a matter for consideration pursuant to this application. NSW WorkCover provides guidance on the utilisation of cranes under Work Health and Safety Legislation in NSW.

5.2 Public Agencies

The development application was referred to the Roads and Maritime Service for comment. The RMS provided comments on this application on 24 October 2014 raising concern with the initial proposal that located the driveway adjacent to the NE (side) boundary due to the potential conflict with an existing pedestrian crossing that is utilised by many Asquith Boys High School students. The application was subsequently amended on 29 October 2014 relocating the driveway to the opposite SW (side) boundary.

6. THE PUBLIC INTEREST

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

CONCLUSION

The application seeks approval for the demolition of existing structures and construction of a five storey residential flat buildings comprising 58 units and basement car parking.

The proposed development is generally in accordance with the development controls for the ‘Jersey Street North, Asquith’ Precinct of the Hornsby DCP and would contribute to the future desired five storey residential character of the precinct. The proposed excess of the 17.5m building height control by 0.325m is minor and the Clause 4.6 submission to vary the development standard is supported. The proposal complies with the design principles of SEPP 65 and the Residential Flat Design Code. With conditions, the minor non-compliances with prescriptive measures for setbacks, landscaping, private open space, sunlight access, minimum dwelling size, maximum kitchen distance and storage areas is considered acceptable.

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

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Manager – Development Assessments, Rodney Pickles, who can be contacted on 9847 6731.

Rod Pickles

Manager - Development Assessment

Planning Division

James Farrington

Group Manager

Planning Division

Attachments:

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

File Reference: DA/690/2014

Document Number: D03940100

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
12878 Rev A	Survey Plan	Survey Plus	8.01.14
A0.02 DA Rev D	Calculations	MASQ Architects	17.11.14
A0.03 DA Rev B	Calculations	MASQ Architects	6.10.14
A1.01 DA Rev B	Basement 2	MASQ Architects	22.10.14
A1.02 DA Rev E	Basement 1	MASQ Architects	22.10.14
A1.03 DA Rev F	Ground Floor Plan	MASQ Architects	17.11.14
A1.04 DA Rev F	Typical Floor Plan	MASQ Architects	17.11.14
A1.07 DA Rev D	Fourth Floor Plan	MASQ Architects	17.11.14
A1.08 DA Rev D	Mezzanine Floor Plan	MASQ Architects	17.11.14
A1.09 DA Rev B	Roof Plan	MASQ Architects	17.11.14
A2.01 DA Rev B	Section A	MASQ Architects	21.9.14
A2.02 DA Rev C	Section B	MASQ Architects	22.10.14
A3.01 DA Rev D	North West Elevation (front)	MASQ Architects	17.11.14
A3.02 DA Rev C	South East Elevation (rear)	MASQ Architects	17.11.14
A3.03 DA Rev C	North East Elevation	MASQ Architects	17.11.14
A3.04 DA Rev C	South West Elevation	MASQ Architects	17.11.14
A4.01, A4.02, A4.03 DA Rev B	Shadows – 22 June 9am, 12pm, 3pm	MASQ Architects	17.11.14
F1.01 DA Rev A Sheets 1-3/3	Exterior Finishes	MASQ Architects	6.6.14
LP/01 Rev A	Landscape Plan	ATC	Received 29.10.2014
SW01 Rev 01	Lower Basement Stormwater Plan	Demlakian	24.10.2014
SW02 Rev 01	Upper Basement Stormwater Plan	Demlakian	24.10.2014
SW02 Rev 02	Ground Floor Stormwater Plan	Demlakian	27.10.2014
SW04	Roof Stormwater Plan	Demlakian	24.10.2014

Document Title	Prepared By	Date
Basix Certificate No.556586M_02	Damian O’Toole Town Planning	28 Oct 2014
Clause 4.6 Exceptions to Development Standards	Caladines Town Planning	Received 29 Oct 2014
Waste Management Plan Rev C	Elephants Foot	June 2014
Access Report	Accessibility Solutions	23 June 2014

2. Amendment of Plans

The approved plans are to be amended as follows:

a) Plans A3.01 and A3.02 being the front and rear elevations are to be amended to reflect the roof plan that has a lower roof adjacent to the 4x4m indentations;

b) Units L4.01 and L4.06 are to be amended to provide a minimum balcony depth of 2m for an area of 10m² (as indicated in red on the plans);

c) Unit L4.04 is to be amended to provide a 1 metre setback from the external enclosing walls below (as indicated in red on the plans);

d) Modify the basement to:

i) Delete the 2 bike spaces in front of the wheel stop (as indicated in red on the plans);

ii) Provide 6 disabled parking spaces on the middle basement level that complies with AS2890.6:2009;

iii) Provide 2 motorcycle parking spaces that complies with AS2890.5:1993;

iv) Provide 18 bicycle parking spaces that complies with AS2890.3:1993, part or all of which may be sited below ground and behind the disabled parking spaces indicated in red on the plans;

v) Provide a minimum of 69 car parking spaces.

Details of amended plans must be submitted with the Construction Certificate plans.

3. Removal of Existing Trees

This development consent permits the removal of all the trees on the site.

4. Construction Certificate

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

5. Section 94 Development Contributions

Description	Contribution (4)
Roads	$ 66,623.50
Open Space and Recreation	$ 698,563.00
Community Facilities	$ 97,374.80
Plan Preparation and Administration	$ 2,913.85
TOTAL	$865,475.15

being for 11 x 1 bedroom units, 35 x 2 bedroom units and 12 x 3 bedroom units and including a credit for 4 existing allotments.

a) The value of this contribution is current as at 19 November 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.

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. Water/Electricity Utility Services

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

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

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

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

9. Accessible Units

The development is required to provide 18 units designed as adaptable housing pursuant to the requirements of 1C.2.2 of the Hornsby Development Control Plan. In this regard six (6) car parking spaces are to be designed for people with a disability and allocated to 6 adaptable units. The details of all adaptable units must be provided with the Construction Certificate plans.

10. Letterboxes

The details of letter boxes and meter enclosures must be provided with the Construction Certificate Plans. The letter boxes and meter enclosures must be provided with a minimum setback of 2 metres from all boundaries and must be suitably screened.

11. Dilapidation Report

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

12. Preservation of Survey Infrastructure

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

13. Construction Vehicles

All construction vehicles associated with the proposed development are to be contained on site as not construction zones will be permitted on Peats Ferry Road in the vicinity of the site.

14. Construction Management Plan

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

15. Driveway Signalisation Details

Details of the proposed method of signalising the one-lane driveway ramp is to be submitted to Council for approval prior to the issue of a Construction Certificate. This is to include details of:

a) The location and type of signals;

b) A priority system for cars entering the site from Peats Ferry Road, to avoid queuing onto the public road; and

c) A back up battery system in the event of mains power failure.

16. Waste Design

The space available for each waste facility adjacent to each lift 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.

17. Storage

Each dwelling within the development must have a minimum area for storage (not including kitchen and bedroom 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. Details must be submitted with the Construction Certificate plans.

18. Basix

Amend Basix Certificate No.556586m_02 to reflect the approved DA plans. Details must be submitted with the Construction Certificate Plans.

19. Exterior Finishes

Amend the approved Exterior Finishes plans F1.01 DA Rev A Sheets 1 -3/3 to reflect the concepts indicated in the approved coloured Elevations. Details must be submitted to Council for approval prior to issue of a Construction Certificate.

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. 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

24. 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.

25. 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;

26. Environmental Management

27. Street Sweeping

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

28. Council Property

29. Disturbance of Existing Site

30. Landfill

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

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

31. Excavated Material

32. Survey Report – Finished Floor Level

A report(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.

33. Waste Management Details

Waste management during the demolition and construction phase of the development must be undertaken in accordance with the approved Waste Management Plan. Additionally written 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.

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.

34. Fulfilment of BASIX Commitments

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

35. Sydney Water – s73 Certificate

An s73 Certificate must be obtained from Sydney Water.

36. Stormwater Drainage

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

a) Connected directly to Council drainage system/ street gutter via an onsite detention system;

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

37. On Site Stormwater Detention

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

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

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

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

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

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

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

38. Vehicular Crossing

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

b) The footway area must be restored by turfing;

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

39. 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) 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 – 8 car spaces and 2 motorcycle spaces

d) Storage cages in the basement are to be allocated to the units in accordance with Condition No.17.

40. Footpath and Nature Strip

Existing old footpath/damaged during construction works fronting the development must be removed and must be constructed in accordance Council’s Civil Works Design and Construction Specification 2005 and the following requirements:

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

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

c) A construction certificate is to be submitted to Council.

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

41. 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.

42. Damage to Council Assets

43. 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.

44. Certificate of Preservation of Survey Marks

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

45. Retaining Walls

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

46. Boundary Fencing

Fencing must be erected along all property boundaries behind the front building alignment to a height of 1.8 metres above existing ground level. Fences to the primary frontage in front of the building alignment are to retain visual transparency (not lapped / solid) and be 1.2 metres in height.

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

47. 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.

48. Tree Planting

Tree planting to the front Peats Ferry Road landscape setback area must include:

a) Three locally indigenous canopy trees capable of reaching more than 10 metres height at maturity.

Tree planting to the rear landscape setback area must include:

b) Three Angophora costata (Sydney Red Gum) or other locally indigenous trees capable of reaching more than 10 metres height at maturity.

Tree planting to the north-eastern side boundary must include:

c) Seven locally indigenous trees capable of reaching a mature height in excess of 6 metres

Tree planting to the south-western side boundary must include:

d) Five locally indigenous trees capable of reaching more than 6 metres height at maturity. These are not to be located in the 2m wide area between the ramp and fence;

Planting to the side (SW) boundary between the fence and the ramp must include:

e) Bamboo or hedge is to be used along the boundary, which can be maintained to occupy a maximum 1 metres of width from the fence line and achieve a minimum 5 metres in height. Any Bamboo including ‘clumping’ forms will require root barrier control with details to be submitted to describe the type and methodology to be employed that will establish effective control wherever Bamboo is proposed in the planting scheme.

49. Communal Open Space

a) A principal Communal Open Space area is to be provided in the front setback that has a minimum area of 50 metres squared with a minimum dimension of 4 metres;

b) The area is to adjoin the main pedestrian walkway, be setback 2m from the front boundary to provide for shrubs and tree planting and be an unencumbered space including grass and seating to encourage social interaction.

c) Where the Communal Open Space is sited adjacent to ground floor private open space areas, a means of screening / separation is to be provided.

50. Street Tree Plantings

a) Planting to the verge along the Peats Ferry Road frontage is to include Three Lophostemon confertus (Brush Box), to be installed at minimum 200 Litre pot size.

b) Prepare ground for planting, including excavate and replenish soils (also as per detail on Landscape Plan, to ensure appropriate volume of excavation and soil improvement).

c) Provide a mulched bed with minimum 1 metre radius clear of turf and weeds, which is to be mulched to 75mm depth.

d) Install trees with two hardwood stakes and hessian ties to secure and protect until firmly established.

51. 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.

52. Installation of Privacy Devices

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

a) The bedroom and living room windows that adjoin the internal courtyard void are to be provided with a 1.5m high sill or a fixed 1.5m high privacy screen;

b) All habitable room windows located less than 6m from the NE (side) boundary on the lower 4 floors, where the finished floor level is more than 0.5m above ground, are to be provided with a 1.5m high sill;

c) All habitable room windows located less than 9m from the NE (side) boundary on the 5^th floor are to be provided with a 1.5m high sill;

d) All balconies located less than 6m from the NE (side) boundary, where the finished floor level is more than 0.5m above ground, are to be provide a fixed 1.5m high privacy screen;

e) Plan A1.04 DA Typical Floor is to be amended to provide a fixed 1.5m high privacy screen on the sides of the balconies between adjacent units, including between:

i) Units L1.01,L2.01,L3.01 and Units L1.02,L2.02,L3.02

ii) Units L1.08,2.08,3.08 and Units L1.07.L2.07,L3.07

iii) Units L1.08,2.08,3.08 and Units L1.09, L2.09,L3.09

f) Any required privacy 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.

53. External Lighting

54. Garbage Collection Easement

55. 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.

i) The 3.5 metre vertical clearance height within the truck travel path must not be reduced by ducting, pipes or anything else.

j) In addition to the bin/chute rooms, an 8sqm bulky item waste storage room with a minimum dimension of 2m is to be provided in the basement.

56. Unit Numbering

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

57. Consolidation of Allotments

All allotments the subject of this consent must be consolidated into one allotment.

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.

58. 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

59. 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.

60. 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 and,

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

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

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

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

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

61. Sight Lines

Minimum sight lines for pedestrian safety are to be provided at the driveway. Any proposed landscaping and/or fencing must not restrict sight distance to pedestrians and cyclists travelling along the footpath.

62. Disabled Parking

All parking spaces for people with disabilities must be constructed and operated in accordance with Australian Standard AS/NZS 2890.6:2009 – Off-street parking for people with disabilities

63. Bicycle Parking

a) All bicycle parking spaces are to be designed in accordance with Australian Standard 2890.3-1993 – Bicycle parking facilities.

b) 12 resident and 6 visitor bicycle parking spaces are to be provided in the basement.

64. Motorcycle Parking Spaces

Two motorcycle parking spaces are to be provided in accordance with AS 2890.5-1993

65. 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.

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.

66. Noise

67. Fire Safety Statement - Annual

- END OF CONDITIONS -

ADVISORY NOTES

Environmental Planning and Assessment Act 1979 Requirements

The Environmental Planning and Assessment Act 1979 requires:

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

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

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

· Mandatory inspections of nominated stages of the construction inspected.

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

Long Service Levy

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

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

Tree and Vegetation Preservation

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.

Covenants

The land upon which the subject building is to be constructed may be affected by restrictive covenants. Council issues this approval without enquiry as to whether any restrictive covenant affecting the land would be breached by the construction of the building, the subject of this consent. Applicants must rely on their own enquiries as to whether or not the building breaches any such covenant.

Dial Before You Dig

Telecommunications Act 1997 (Commonwealth)

House Numbering

Rain Water Tank

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

Group Manager’s Report No. PL86/14

Planning Division

Date of Meeting: 10/12/2014

10 DEVELOPMENT APPLICATION - FIVE STOREY RESIDENTIAL FLAT BUILDING COMPRISING 41 UNITS - 1-3 WEROMBI ROAD, MOUNT COLAH

EXECUTIVE SUMMARY

DA No:	DA/629/2014 (lodged 11 June 2014)
Description:	Construction of a five storey residential flat building containing 41 units with basement car parking
Property:	Lot A and B DP 361646, Nos. 1-3 Werombi Road, Mount Colah
Applicant:	MacKenzie Architects International
Owner:	Mr Anthony Koch, Mr Scott Burcham and Mrs Carolyn Burcham
Estimated Value:	$7,830,000
Ward:	A

· The application involves the demolition of existing structures and construction of a five storey residential flat building containing 41 units with basement car parking.

· The original application was placed on public exhibition between 26 June 2014 and 10 July 2014, during which time Council received four submissions. The application was amended and placed on public exhibition between 6 November 2014 and 21 November 2014, during which time one submission was received.

· It is recommended that the application be approved as a deferred commencement in accordance with the recommended consent conditions from RailCorp.

RECOMMENDATION

BACKGROUND

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

The subject application for demolition of existing structures and construction of a five storey residential flat building containing 41 units with basement car parking was lodged on 11 June 2014.

A meeting was held with the applicant on 1 August 2014 where Council raised a number of concerns with the proposed development including building setbacks and articulation. Amended plans were submitted to Council on 3 November 2014 to address the issues raised, which were renotified to neighbours and objectors. Further amended plans were submitted to Council on 21 November 2014 that reduced the roof height by 0.25m and corrected some minor plan errors.

SITE

The site comprises two allotments, Nos. 1 and 3 Werombi Road, Mount Colah. The site is a regular shaped parcel of land with a 40.2 metre frontage to Werombi Road and a total site area of 1,903.04 square metres. The site is located on the northern side of Werombi Road at the end of the residential cul-de-sac, approximately 75 metres east of the intersection of Werombi Road and Pacific Highway. The site adjoins a rail corridor on the eastern boundary of the site.

The site contains two dwelling-houses with associated access arrangements and landscaping. The site experiences a minor fall from the north-western (rear) corner to the front south-eastern (front) corner of the site with an average grade of 6%. The site contains a number of exotic, native and locally indigenous trees.

The site is located within walking distance of Mount Colah Train Station, which is approximately 400 metres north-east of the site. Bus stops with regular services to Hornsby are located 240 metres north and 300 metres south of the site.

The site is located within an established residential area that is characterised by a mix of 1 and 2 storey residential dwellings. The site forms part of a redevelopment precinct which is zoned for five storey development.

PROPOSAL

The proposal involves the demolition of the existing structures and construction of a five storey residential flat building comprising 41 units with two levels of basement car parking and associated landscaping works.

The unit mix would comprise of 24 x 1 bedroom; 12 x 2 bedroom units; and 5 x 3 bedroom units.

The development would be accessed from Werombi Road via a driveway located in the south-eastern corner of the site. A separate pedestrian entry would provide access to all levels from the foyer. A total of 49 car spaces, including 6 visitor parking spaces are proposed over two basement levels.

ASSESSMENT

1. STRATEGIC CONTEXT

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

Within the North Subregion, the Draft Metropolitan Strategy proposes:

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

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

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

The proposed development would be consistent with the Metropolitan Plan for Sydney 2031 by providing an additional 39 dwellings and would contribute to housing choice in the locality.

2. STATUTORY CONTROLS

2.1 Hornsby Local Environmental Plan 2013

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

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

· To promote a variety of housing types within a high density residential environment.

· 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 ‘residential flat building’ under the HLEP and is permissible in the zone with Council’s consent.

2.1.1 Height of Buildings

2.1.2 Heritage Conservation

Clause 5.10 of the HLEP sets out heritage conservation provisions for Hornsby Shire. The site does not include any heritage item and is not located within a heritage conservation area. The site is located within the vicinity of property No. 534 Pacific Highway which is identified as a heritage item (House) of local significance under Schedule 5 (Environmental Heritage) of the HLEP. The proposed development would not impact on the heritage significance of the item as the heritage item fronts the Pacific Highway and is separated from the subject site by existing residential development and landscaping.

2.1.3 Earthworks

Clause 6.2 of the HLEP states that consent is required for earthworks on site. Before granting consent for earthworks, Council is required to assess the impacts of the works on adjoining properties, drainage patterns and soil stability of the locality. The site adjoins residential properties to the west and north of the site and a rail corridor to the east. The application was referred to RailCorp who requested construction details to demonstrate that the excavation works required for the development would not adversely impact on RailCorp infrastructure. RailCorp has agreed to apply this requirement as a deferred commencement condition.

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

2.2 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. The design principles of SEPP 65 are addressed below:

2.2.1 Principle 1 – Context

Design Principle 1 is as follows:

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

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

2.2.2 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 height control and setbacks for the precinct prescribed within the Hornsby DCP 2013. The building footprints also comply with the maximum floorplate of 35m. 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.

2.2.3 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 with an increased top storey setback on the external facades to minimise bulk and height of the building as required by the Hornsby DCP. The proposal complies with the built form principle of SEPP 65.

2.2.4 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).

2.2.5 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.

2.2.6 Principle 6 – Landscape

Design Principle 6 is as follows:

The application includes a landscape concept plan which provides landscaping along the street frontages, side and rear boundaries. Deep soil areas that incorporate canopy trees are provided around the building envelope which would enhance the development’s natural environmental performance and provide an appropriate landscaped setting. Given the above, the proposal satisfies the intent of the ‘Landscaping’ principle of SEPP 65.

2.2.7 Principle 7 – Amenity

Design Principle 7 is as follows:

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

The proposed units are designed to achieve natural ventilation, solar access and acoustic privacy. All units incorporate balconies accessible from living areas and privacy has been achieved through appropriate design and orientation of balconies and living areas. Storage areas have been provided within each unit and 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.

2.2.8 Principle 8 – Safety and Security

Design Principle 8 is as follows:

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

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

2.2.9 Principle 9 – Social Dimensions and Housing Affordability

Design Principle 9 is as follows:

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

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

The site is located in close proximity to 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. In this regard, the development is considered acceptable in terms of social dimensions.

2.2.10 Principle 10 – Aesthetics

Design Principle 10 is as follows:

2.3 SEPP 65 – Residential Flat Design Code

Residential Flat Design Code
Control	Proposal	Requirement	Compliance
Deep Soil Zone	32%	Min 25%	Yes
Communal Open Space	39%	25-30%	Yes
Ground Level Private Open Space	<25m²(Units 1,2,6,7,8 and 9) Min Dimension <4m (Units1,3,6,7 and 9)	25m² Min Dimension 4m	No No
Dwelling Size	1 br - 50.14m² to 73.25m² 2 br - 72.73m² to 85.43m² 3 br – 94.4 m² to 119.96m²	1 br – 50m² min. 2 br – 70m² min. 3 br – 95 m²min.	Yes Yes No
Unit Depth and Maximum Kitchen Distance	9.5m (Units 5,14,23,32) 11.5m (Units 6,15,24,33) 9m (Unit 38)	8m	No
Minimum Balcony Depth	2m	2m	Yes
Ceiling Heights - Residential Floors	2.7m	2.7m (Min)	Yes
Total Storage Area	1br – >6m³ 2br - >8m³ 3br - >10m³ 50% accessible from the apartments	6m³ (Min) 8m³(Min) 10 m³ (Min) 50% accessible from the apartments	Yes
Dual Aspect & Cross Ventilation	60 %	60%	Yes
Adaptable Housing	29% (12/41)	10%	Yes

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

2.3.1 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. Whilst the balconies on the western facade of the proposed development do not comply with this requirement, the building separation generally accords with the HDCP. The matter is discussed in section 2.10 of this report.

2.3.2 Ground Floor Apartments and Private Open Space

Of the 9 units located on the ground floor, 3 units have been provided with greater than 25m² of courtyard space. Furthermore, many of the ground floor courtyards have a minimum dimension of 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. Notwithstanding the non-compliance with the RFDC, the private open space areas for all units are able to comply with the minimum area requirement of the Hornsby DCP. The development would provide courtyard areas that are useable and provide a high level of amenity for future occupants of the apartments.

2.3.3 Dwelling Size

The RFDC prescribes that units should have a minimum internal area of 50m² for 1 bedroom units, 70m²for 2 bedroom units and 95m²for 3 bedroom units. Unit 38 has a proposed floor area of 94.40m² which is slightly under the minimum requirement for 3 bedroom units by 0.6m². The unit is cross ventilated, receives daylight access and incorporates a terrace with an area of 33.22m²providing generous open space for the occupants. The minor non-compliance would have no significant impact on user amenity and is supported. All other units comply with the minimum area specified by the RFDC.

2.3.4 Apartment Layout

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

The RFDC requires that the back of a kitchen should be no greater than 8m from a window. Of the 41 units proposed, 9 units contain kitchens where the back wall is greater than 8m 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.

2.3.5 Internal Circulation

The RFDC prescribes that units accessible from a single core/corridor should be limited to eight. Nine units are located on each level, from ground level up to Level 3. Five units are located on Level 4. The non-compliance is attributable to the high proportion of 1 bedroom units, which represents 58% of the total units. The non-compliance would have no significant impact on internal circulation and the amenity of occupants and is acceptable.

2.3.6 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 Railway Corridor, the application includes an acoustic report recommending acoustic mitigation measures to comply with the acoustic aims of SEPP Infrastructure. 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.

2.3.7 Storage

The proposed building includes resident storage areas for all units within the apartments and storage rooms in the basement. 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 also 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.

2.4 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 rail corridors and busy roads. The development is located immediately adjacent to a rail corridor and is located 75 metres from a classified road corridor (Pacific Highway). The following matters are required to be considered pursuant to the SEPP.

2.4.1 Excavation Adjacent to Rail Corridors

Clause 86 of the SEPP Infrastructure applies to the development as the proposal involves the penetration of ground to a depth of at least 2 metres within 25 metres of a rail corridor. The application was referred to RailCorp for concurrence in accordance with the provisions of this clause. RailCorp requested additional geotechnical and structural details to ensure the development would not adversely impact on the structural integrity of existing rail infrastructure. Following discussions between RailCorp and the applicant, RailCorp agreed to apply a deferred commencement condition to address this requirement. Subject to the fulfilment of this condition, the proposal is acceptable with respect to this clause.

2.4.2 Impact of Rail Noise

Assessment of the impact of rail noise on a residential use is required pursuant to Clause 87 of SEPP Infrastructure. A Noise and Vibration Assessment was submitted with the application demonstrating that the amenity for residents would be below the criteria set out in Clause 87(3). Council’s assessment in this regard concludes that suitable noise mitigation measures can be implemented to ensure compliance with the Policy. A condition has been recommended for the development to comply with the recommendations of the acoustic report submitted with the development application 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.

2.4.3 Impact of Road Noise

Assessment of the impact of road noise on a residential use is required pursuant to Clause 102 of SEPP Infrastructure where a development fronts a road with an annual average daily traffic volume of more than 40,000 vehicles. The subject site has frontage to Werombi Road and is located more 75 metres from the Pacific Highway. Furthermore, the average daily traffic volume on the Pacific Highway in the vicinity of the site does not exceed 40,000 vehicles and therefore, this clause does not apply to the proposal. Notwithstanding, the Noise and Vibration Assessment submitted with the application demonstrates that the development is capable to achieving reasonable amenity and acoustic privacy. The application was referred to the Roads and Maritime Service (RMS) who recommend a condition for the development to incorporate measures to mitigate against noise to habitable rooms in accordance with the criteria set out within clause 102(3) of the SEPP.

2.4.4 Traffic Generating Developments

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 are raised by RMS with regard to traffic generation.

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

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

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

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

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

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

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

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

2.10 Hornsby Development Control Plan 2013

The proposed development has been assessed having regard to the relevant performance and prescriptive requirements within Hornsby Development Control Plan 2013 (HDCP). The development controls within “Section 3.4-Residential Flat Building (5 storeys)” of the HDCP applies to the site in addition to the general controls within Part 1 of the document. The following table sets out the proposal’s compliance with the relevant provisions of the Plan:

Hornsby Development Control Plan
Control	Proposal	Requirement	Compliance
Site Width	40.02m	30m	Yes
Height	5 storeys including mezzanines – 17.5m	5 storeys – 17.5m	Yes
Lowest Residential Floor Above Ground	1.8m (SE corner)	Max - 1.5m	No
Maximum Floorplate Dimension	31m (east – west) 32m (north – south)	35m 35m	Yes Yes
Building Indentation	4m x 4m	4m x 4m	Yes
Height of Basement Above Ground	1.2m (west elevation)	1m (max)	No
Front Setback (Werombi Road)	10m 8m (for 9m) <1/3 frontage 7m balconies	10m 8m < 1/3 of frontage 7m (balconies)	Yes Yes Yes
Rear Setback	10m 8m (for 4.2m length) <1/3 frontage 7m balconies	10m 8m < 1/3 of frontage 7m (balconies)	Yes Yes Yes
East Side Setback	6m 4m (for 9.7m length) <1/3 frontage 3.6m	6m 4m < 1/3 frontage 4m (balconies)	Yes Yes No
West Side Setback	6m 4m (for 10.4m length) <1/3 3m	6m 4m < 1/3 building width 4m (balconies)	Yes Yes No
Top Storey Setback From Ground Floor	3m setback, except for parts of the elevations where the setback is reduced to 1 metre.	3m additional	No
Underground Parking Setback	7m front 7m rear 4m side (east) 4m side (west)	7m front 7m rear 4m side 4m side	Yes Yes Yes Yes
Basement Ramp Setback	3.6m – 4m	2m	Yes
Deep soil Landscaped Areas	7m front and rear 4m side (east) 3m side (west)	7m front and rear 4m sides	Yes Yes No
Private Open Space with Min Width 2.5m	1 br units > 10m² 2 br units > 12m² 3 br units > 16m²	1 br units 10m² (min) 2 br units 12m² (min) 3 br units 16m² (min)	Yes Yes Yes
Communal Open Space with Minimum Dimension 4m	39%	25%	Yes
Parking (Site within 800m of Railway Station)	43 resident spaces 6 visitor spaces 8 bicycle racks 4 visitor bicycle tacks 1 motorbike space	38 resident spaces 6 visitor spaces 9 bicycle racks 5 visitor bicycle racks 1 motorbike space	Yes Yes No No Yes
Solar Access	70.7%	70% units receive 2 hours 2 hours to Communal Open Space	Yes
Housing Choice	1b – units – 59% 2b – units – 29% 3b – units – 12%	10% of each type (min) 10% of each type (min) 10% of each type (min)	Yes Yes Yes
Adaptable Units	29.2% (12/41)	30%	No

As detailed in the above table, the proposed development does not comply with the prescriptive measures within HDCP regarding height of lowest residential floor above ground level, setbacks, bicycle parking 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.

2.10.1 Desired Future Character

The site is included in the Pacific Highway, Mount Colah precinct which was rezoned from Residential A (Low Density) to R4 (High Density Residential) as part of Council’s Housing Strategy.

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

2.10.2 Design Quality – SEPP 65

The proposed development is designed in accordance with the design principles of SEPP 65 except for building separation on the western side, ground floor open space and apartment depth. 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 40.2m to the Werombi Road and complies with this requirement. The proposal would not result in the isolation of any site for future development.

2.10.4 Height Requirements

The proposed five storey building complies with the maximum 17.5m building height. The proposed building involves excavation works for the basement car park and for finished ground levels. Accordingly, the proposed development is considered satisfactory in respect to five storey built form.

2.10.5 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:

East Side Setback

The HDCP requires that the minimum side setback for all buildings and structures to the side boundaries is 6m, which can be reduced to 4m for a maximum 1/3 of the building width. The proposal generally complies with the setback requirements. However, a portion of the balconies serving Units 11, 20 and 29 which are located within the south-eastern corner of the site are proposed with a setback of 3.5m from the eastern boundary. The units include wrap around balconies that are orientated towards Werombi Road to the south of the site. The site adjoins a rail corridor to the east and therefore, there would be no adverse impact on the privacy or amenity of adjoining properties as a result of this non-compliance. It is considered that the proposal complies with the intent of the prescriptive measures which is to provide for landscaping, open space and separation between buildings.

West Side Setback

The balconies serving Units 16, 25 and 34 which are located in the north-western corner of the site are proposed with a setback of 3m from the side western boundary. The units include wrap around balconies that are orientated towards the northern rear boundary of the site. The incorporation of wrap around balconies breaks up the built form and is consistent with the articulation controls of the HDCP. Privacy screens have been included on the balconies of Units 16 and 25 to minimise privacy conflicts with the western adjoining property. A condition is recommended for the balcony of unit 34 to include a privacy screen on the western elevation as indicated in red on the floor plans. Subject to this condition the proposal would not have an unreasonable impact on the privacy of adjoining properties and the setback is supported.

Top Storey Setback

The HDCP requires 5 storey residential flat buildings to incorporate a 3m additional setback for the top storey on all elevations. The majority of the development complies with the top storey setback requirement. However, there are minor sections on the north, west and east elevations where the setback is less than the 3m requirement. The location and design of the encroaching floor space does not raise concerns in relation to open space and separation between buildings. Furthermore, the intent of the planning control to provide for a top storey that steps back from the walls below is achieved.

2.10.6 Building Form and Separation

The RFDC and HDCP require a building separation of 12m between unscreened habitable areas or balconies increasing to 18m from the fifth level, for two residential buildings on adjoining sites.

The proposed residential flat building’s eastern and northern elevations face future undeveloped residential flat building sites. Along the western facade, wrap around balconies serving corner units contain a 3m – 5m side setback which does not comply with the minimum separation requirements. However, as these wrap-around balconies provide articulation and privacy mitigation measures, the minor non-compliance is considered appropriate.

Unit 40, located on level 4, includes a balcony that is setback 4 metres from the western side boundary. This is inconsistent with the separation requirements of the RFDC and the HDCP that prescribes buildings up to 5 storeys (over 12m) are required to be setback 9m from side boundaries to achieve an 18m separation from a future residential flat building on the adjoining property. Notwithstanding, the RFDC states that where buildings step back in response to minimum building separations, the building separation on the floor below applies to encourage habitable outdoor use. In this regard, a 6 metre building separation applies to the level 4 balcony. A condition is recommended for the area of the balcony between 4m and 6m from the side boundary to be a non-trafficable area, as indicated in red on the floor plans. This condition would result in the usable balcony area to be reduced from 49.5m² to 37.5 m², which retains sufficient open space area for the residential unit.

2.10.7 Landscaping

The landscaping provisions of the HDCP prescribe that a 7m wide landscaped area is to be provided at the front and rear and a 4m wide landscaped area provided along the side boundaries. The proposed development incorporates a basement that achieves the front and rear deep soil landscaped setback. Three balconies in the NW corner are setback 3m from the western side boundary and are cantilevered over the deep soil area, being a minimum of 1.8m above the existing ground level. However the total extent of the deep soil landscaping around the building is supported and is in excess of the minimum required by the RFDC. The development will achieve a landscape setting consistent with the desired future character of the precinct.

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

2.10.8 Floorplates and Separations

Indentation

The proposed building has a maximum floorplate of 32m which complies with the required maximum floorplate length of 35m in the HDCP. The proposal includes a 4m x 4m indentation on the western and eastern facades of the building. To improve user amenity and daylight access to Units 17, 26 and 35 a condition is recommended for the wall adjoining the balcony that forms part of indentation be deleted. Furthermore, the 4m x 4m indentation on the eastern elevation should be amended to delete the protruding wall, as indicated in red on the plans.

The nominated amendments would not detract from the built form and would maintain the appearance of two separate building pavilions in accordance with the prescriptive measures of the HDCP.

Articulation

The proposed buildings are 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. Each façade is designed to appear as two separate pavilions with a central 4m wide indentation. The proposed buildings comply with the Hornsby DCP and meet the desired outcome for development of a scale and bulk which enhances the streetscape character.

2.10.9 Privacy

The proposed development is appropriately designed for privacy with all of the units having an external outlook. The northern and western boundaries of the site adjoin land capable of being redeveloped in the future for 5 storey buildings. The proposal is generally consistent with the separation requirements of the HDCP with conditions requiring screens where appropriate. As a result the development would not compromise the privacy of future occupants or adjoining neighbours.

2.10.10 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. All units comply with the minimum open space areas prescribed by the HDCP.

The proposed communal open space areas comply with the prescriptive area requirements and would provide for larger gatherings. It is considered the proposed open space provision would provide for a range of outdoor activities and encourage active living.

2.10.11 Sunlight and Ventilation

The proposed development complies with the Hornsby 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 applicant has submitted solar access diagrams demonstrating compliance of individual units with solar access requirements. As the site is located within a redevelopment precinct, the solar access analysis has taken into account the overshadowing impacts from future five storey developments on adjoining sites. 70.7% (29/41) of the units would receive a minimum 2 hours of unobstructed sunlight access between 9am and 3pm on June 22. Council’s assessment in this regard concludes that the proposal is satisfactory in providing solar access for future occupants of the units.

The proposal complies with the requirements of Part 3.4 of HDCP in terms of sunlight access.

2.10.12 Housing Choice

Of the proposed dwellings, 59% are one bedroom, 29% two bedroom and 12% three bedroom dwellings. The proposed housing mix complies with the HDCP requirement for at least 10% of each dwelling type.

Twelve of the 41 units (29.2%) are proposed as adaptable which is slightly under the 30% requirement of the HDCP. The percentage is generally compliant with the HDCP and the minor variation does not warrant refusal of the application.

2.10.13 Vehicle Access and Parking

The proposed basement car park is over two levels and is accessed via a 6.1m wide driveway from the Werombi Road. The basement level includes storage areas for residents and a bicycle parking area.

The basement includes a total of 49 car parking spaces, including 6 visitor car spaces and 5 disabled parking spaces. Provision for 12 bicycle spaces and one motor cycle space has been included. Based on the number of units proposed, a total of 14 bicycle racks are required, comprising 9 resident and 5 visitor bicycle racks. A condition is recommended for 14 bicycle racks to be provided in accordance with the requirements of the HDCP. Subject to conditions, the proposal satisfies the vehicular access and parking provisions of the HDCP.

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.

2.10.14 Stormwater Management

The development proposes to connect to Council’s drainage system in Werombi Road via an on-site detention system (OSD) to control the discharge of water from the site. Council’s storm water pipe from Werombi Road discharges into the rail corridor to the east of the site. This matter was brought to the attention of RailCorp who raises no objections to the development. Conditions are recommended for stormwater drainage to satisfy Council standards and for sediment and erosion controls to be implemented on site during construction. Subject to conditions, the proposal would comply with the desired outcomes of the HDCP.

2.10.15 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 Hornsby DCP. The development would provide a landscaped setting and a built form that is consistent with the desired future outcome for the precinct.

3. ENVIRONMENTAL IMPACTS

3.1 Natural Environment

The site comprises a number of exotic, native planted trees and locally indigenous specimens. The application is supported by an arborist report that assesses existing trees on site. 45 trees have been identified either on, or at the front of, the proposed site. There are 3 trees on the site that are proposed to be retained, 2 of which are native species. All other trees on the site are exotic species. The proposal would necessitate the removal of 41 trees. None of the trees to be removed have been identified as significant.

A tree located in the road reserve, an Araucaria heterophylla (Norfolk Island Pine) is a large healthy tree but does not meet Council’s criteria for a significant tree. The redevelopment of the site and the precinct requires the removal of this tree taking into account that the part of Werombi Road where the tree is sited is unformed and is to be constructed pursuant in accordance with the recommended road work conditions.

A landscape plan has been submitted with the application that includes a range of locally native plant species including 54 small trees and 27 medium sized canopy trees, shrub layer and ground covers. 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.

3.2 Built Environment

3.2.1 Built Form

3.2.2 Traffic

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 traffic management facilities provided at the intersections of the Pacific Highway with Cowan Road and Werombi Road will require replacement with an alternative traffic management solution. Any works to the Pacific Highway to improve the intersections would be required to be reported to the Local Traffic Committee for approval and inclusion in Council’s Section 94 Contributions Plan.

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

4. SITE SUITABILITY

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

The subject site 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 26 June 2014 and 10 July 2014 in accordance with the HDCP. During this period, Council received four submissions. Subsequently, the applicant lodged amended plans and the application was re-notified to adjoining and nearby landowners between 6 November 2014 and 21 November 2014. During this period, Council received one submission.

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

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

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

· A 6 storey development that is contrary to the 5 storey height permitted;

· Unacceptable traffic volumes;

· Inadequate infrastructure to support an increase in population;

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

· The traffic survey submitted with the proposal is inadequate as it does not address the effects of emergency incidents on the Pacific Highway, including road accidents or bushfires;

· Unacceptable impact on on-street parking availability;

· Poor architectural merit, including poor use of colours and adoption of flat roofs that is inconsistent with the established residential character;

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

· Asbestos impacts during the demolition phase; and

· An excessive dwelling yield, that would cumulatively, with other developments in the Mount Colah precinct, exceed the predicted dwelling yield under the Housing Strategy.

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 Building Height of 6 Storeys

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

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

(b) a mezzanine, or

(c) an attic.

Concerns were also raised that the roof design should be amended to have pitched roof treatments to permit attic construction within the roof. This suggestion is contrary to the planning controls adopted for the precinct which requires flat roofs to minimise the perceived height, bulk and scale of developments.

5.1.2 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. In addition, concerns were raised that additional units would increase noise, additional on-street parking and traffic congestion.

The suitability of the locality for high density residential development was considered by Council and the Department of Planning during the rezoning of the precinct. 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.

5.1.3 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 Hornsby Development Control Plan.

5.1.4 Privacy

A concern was raised that the development would impact on the privacy and amenity adjoining and nearby properties. The design of this building is required to take into account the desired future character of the precinct when considering potential privacy conflicts. The development generally provides a 6m setback to adjoining property boundaries which complies with half of the building separation provisions within the Hornsby DCP and RFDC.

5.1.5 Dwelling Yield / Bushfire Safety

Concern is raised that the density of the development achieved development applications submitted for the area already exceeds the yields planned for the precinct. It is contended that the safety of residents living in the area is jeopardised by the additional population in the event of an emergency.

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 Hornsby Development Control Plan and impacts on the built environment. The density of the proposed development is guided by the Hornsby DCP requirements for building height, setbacks, landscaping, floorplates and separations, open space and dwelling mix.

During the rezoning process, 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. The subject site is not designated as bushfire prone.

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 requires 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 Work Health and Safety legislation and signage must be erected in a prominent position visible from the street.

5.2 Public Agencies

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

5.2.1 RailCorp

The application was referred to RailCorp pursuant to the provisions of SEPP Infrastructure as the development involves excavation of land adjacent to a railway corridor. As addressed under Section 2.5.1 of this report, a deferred commencement condition is recommended to address the requirements of RailCorp.

6. THE PUBLIC INTEREST

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

CONCLUSION

The application seeks approval for the demolition of existing structures and construction of a five storey residential flat buildings comprising 41 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 Hornsby 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 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.

Approval of the application as a deferred commencement is recommended.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Manager – Development Assessment – Rodney Pickles, who can be contacted on 9847 6731.

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	Landscape Plan
6.View	Shadow Plans

File Reference: DA/629/2014

Document Number: D03944825

SCHEDULE 1

GENERAL CONDITIONS

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

1. Deferred Commencement

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

Approval/Certification from Sydney Trains that the following items have been satisfied by the applicant:

a) Detailed design for the shoring wall This should include design parameters assumed including earth pressure co-efficient, the surcharges considered, details of any temporary/permanent anchors, predicted wall deflections and forces on the wall.

b) Shoring Plan & Details drawing 1809-S800 is to be amended to include other relevant rail structures such as railway power lines, overheard wiring structures etc.

c) Foundation layout plan for the development.

d) Final Geotechnical Report based on additional boreholes to enable the undertaking of impact assessment, detailed retaining wall design etc.

e) An Impact assessment report based on the Final Geotechnical Report. The report should include assessment of anticipated ground movements, anticipated vibration during activities such as excavation/piling/demolition etc. and mitigation measures.

f) Details as to how ground water will be managed during temporary excavation stage as well as at permanent stage. The effect of construction induced settlement due to groundwater drawdown potentially leading to track settlement is to be avoided at all times.

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

Any conditions issued as part of the Sydney Trains (RailCorp) approval/certification of the above documents will also form part of the consent conditions that the Applicant is required to comply with.

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

2. Approved Plans and Supporting Documentation

Plan No.	Plan Title	Drawn by	Dated
Plan 1563	Survey Plan	Richard & Lotus	Feb 2014
A100 Issue C	Site Plan	Mackenzie Architects	21-11-2014
A101 Issue B	Car Parking Basement Plan 1	Mackenzie Architects	3-11-2014
A102 Issue B	Car Parking Basement Plan 2	Mackenzie Architects	3-11-2014
A103 Issue C	Ground Floor Plan	Mackenzie Architects	21-11-2014
A104 Issue C	First Floor Plan	Mackenzie Architects	21-11-2014
A105 Issue C	Second Floor Plan	Mackenzie Architects	21-11-2014
A106 Issue C	Third Floor Plan	Mackenzie Architects	21-11-2014
A107 Issue C	Fourth Floor Plan	Mackenzie Architects	21-11-2014
A108 Issue B	Fifth Floor Plan	Mackenzie Architects	21-6-2014
A109 Issue B	Roof Plan	Mackenzie Architects	21-6-2014
A200 Issue C	Sections	Mackenzie Architects	21-11-2014
A300 Issue C	Elevations South and East	Mackenzie Architects	21-11-2014
A301 Issue C	Elevations North and West	Mackenzie Architects	21-11-2014
A401 Issue A	Top Floor Setback	Mackenzie Architects	2-6-2014
A600 Issue A	Adaptable Units	Mackenzie Architects	2-6-2014
A700 Issue A	Schedule of Finishes	Mackenzie Architects	2-6-2014
SW01 to SW05 Rev B	Stormwater Drainage Plans	Cam Consulting	6-6-14
Plan 6260 A1	Detail and Level Survey	SDG	29-04-14
1809-S800 A	Shoring Plan & Details	HKMA Engineers	11-07-14
LPDA 14-378/1 Issue B	Landscape Plan	Conzept Landscape Architects	June 2014

Plan No.	Prepared by	Dated
Statement of Environmental Effects	Think Planners	6-6-2014
BASIX Certificate No. 551751M	Greenview Consulting	6-6-2014
Preliminary Geotechnical Assessment (P1404244JR01V01)	Martens Consulting Engineers	September 2014
Arborist Report	Advanced Treescape Consulting	6-6-2014
Traffic and Parking Assessment Report	Terraffic – Traffic and Parking Consultants	6-6-2014
Acoustic Report	Acoustic Solutions	2-6-2014
Waste Management Plan	Mackenzie Architects	10-6-2014

3. Amendment of Plans

The approved plans are to be amended as follows:

a) The landscape plan and stormwater drainage plans are to be amended to be consistent with the amended architectural plans A100-A109 Issue C, dated 21 November 2014.

b) The usable area of the balcony for Unit 40 is not to encroach within 6 metres of the side western boundary. The area of the balcony proposed with a setback between 4m – 6m is to be a non trafficable area as indicated in red on the approved plans.

c) The balcony for unit 34 is include a privacy screen on part of the western elevation as indicated in red on the approved plans.

d) The floor plans are to be amended to delete the wall adjacent to Unit 17, 26 and 35 that forms part of the 4m x 4m indentation on the western elevation, as indicated in red on the approved plans.

e) The floor plans are to be amended to delete the protruding wall that forms part of the 4m x 4m indentation on the eastern elevation, as indicated in red on the approved plans.

4. Removal of Existing Trees

This development consent permits the removal of 41 trees numbered 1, 2, 4, 5, 6, 7, 8, 9, 10, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45 as identified in the Arboricultural Impact Assessment prepared by Advanced Treescape Consulting dated 6 June 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).

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

Description	Contribution (4)
Roads	$18,523.80
Open Space and Recreation	$414,465.80
Community Facilities	$57,768.85
Plan Preparation and Administration	$1,718.10
TOTAL	$492,476.55

being for 24 x 1 bedroom units, 12 x 2 bedroom units and 5 x 3 bedroom units in lieu of two existing dwelling houses.

a) The value of this contribution is current as at 24 November 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)

9. Notification of Home Building Act, 1989 Requirements

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

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

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

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

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

i) The name of the owner-builder; and

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

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

10. Water/Electricity Utility Services

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

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

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

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

11. Construction Traffic Management Plan

12. Accessible Units

The development is required to provide 12 units designed as adaptable housing pursuant to the requirements of 1C.2.2 of the Hornsby Development Control Plan. In this regard four (4) car parking spaces are to be designed for people with a disability and allocated to 4 adaptable units. The details of all adaptable units must be provided with the Construction Certificate plans.

13. Dilapidation Report

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

14. Noise – Rail Corridor

The development must be carried out in accordance with the recommendations contained within the acoustic report submitted with the development application, prepared by Acoustic Solutions dated 2 June 2014 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.

15. Waste Management Details

The following waste management requirements must be complied with:

a) The garbage chute system must include volume handling equipment fitted with at least 2 of 660 L bins.

Note: The volume handling equipment is to automatically change the bin under the chute when it becomes full. It does not include a compactor.

16. Preservation of Survey Infrastructure

17. Storage

18. Basix

Amend Basix Certificate No.551751M to reflect the approved DA plans. Details must be submitted with the Construction Certificate Plans.

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

19. 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.

20. 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.

21. 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.

22. 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.

23. Tree Protection Barriers

Tree protection fencing must be erected around trees numbered 3, 11, 12 and 32 to be retained at the following metre setbacks in accordance with the Arboricultural report provided by Advanced Treescape Consulting.

Tree No.	Tree Species	Tree Protection Zone (TPZ)	Structural Root Zone (SRZ)
#3	Corymbia gummifera (Red Bloodwood)	7.5 metres	3.3 metres
#11	T.plicata (Western Red Cedar)	3.6 metres	2.4 metres
#12	Syzygium austral (Brush Cherry)	9.6 metres	3.1 metres
#32	Macadamia tetraphylla (Rough-leaved Queensland Nut)	7.2 metres	2.7 metres

Note: Tree No.3 is located within the centre median strip of Werombi Road. The existing road on either side would form part of the TPZ however no parking or storage of materials would be permitted within that central aisle. The area within the TPZ must be mulched at a minimum depth of 150mm to protect roots.

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.

REQUIREMENTS DURING CONSTRUCTION

24. 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.

25. 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;

26. Environmental Management

27. Works Near Trees

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

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

28. Council Property

29. Street Sweeping

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

30. Disturbance of Existing Site

31. 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.

32. Excavated Material

33. Contamination During Construction Works

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

34. 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.

35. Waste Management Details

Waste management during the demolition and construction phase of the development must be undertaken in accordance with the approved Waste Management Plan. Additionally written 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.

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

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

36. Fulfilment of BASIX Commitments

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

37. External Lighting

38. 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.

39. Sydney Water – s73 Certificate

An s73 Certificate must be obtained from Sydney Water.

40. Stormwater Drainage

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

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

c) A construction certificate is to be submitted to Council for construction of stormwater pipe from the development site to the Council system on opposite side of Werombi Road in accordance with Council‘s Civil works Specifications 2005. The minimum size of the pipe within Council’s road reserve is to be 375mm in diameter.

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

41. On Site Stormwater Detention

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

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

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

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

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

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

42. Vehicular Crossing

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

b) The footway area must be restored by turfing;

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

43. 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) 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 – 5 car spaces and 1 motorcycle space

d) Storage cages in the basement are to be allocated to the units in accordance with Condition No.17.

44. Bicycle Parking

A total of 14 bicycle parking spaces are to be provided within the basement, including 9 spaces and 5 visitor spaces.

45. Road Works

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

a) Werombi Road fronting the development site is to be reconstructed/upgraded to the following standards:

i) Half width of 11m carriageway from kerb to kerb is to be constructed, centred between road boundaries.

ii) Half of 15m diameter cul de sac is to be constructed.

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

iv) Existing pavement must be replaced where inadequate.

v) New kerb and gutter and footpath are to be constructed replacing the old.

vi) Proper transition must be made to adjoining kerb and gutter.

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

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

46. 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.

47. 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.

48. Creation of Easements

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

a) A right of access or 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.

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

49. Installation of Air Conditioner

50. Car Parking

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

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

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

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

51. 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 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.

52. Installation of Privacy Devices

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

a) All habitable room windows located less than 6m from the western boundary on the lower 4 floors, where the finished floor level is more than 0.5m above ground, are to be provided with a 1.5m high sill;

b) All habitable room windows located less than 9m from the western on the 5^th storey (Plan A107) are to be provided with a 1.5m high sill or privacy screen;

c) All balconies located less than 6m from the western boundary, where the finished floor level is more than 0.5m above ground, are to be provide a fixed 1.5m high privacy screen;

d) Any required privacy 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.

53. Waste Management

The following waste management requirements must be complied with:

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

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

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.

i) The 3.5 metre vertical clearance height within the truck travel path must not be reduced by ducting, pipes or anything else.

54. Garbage Collection Easement

55. Certificate of Preservation of Survey Marks

56. Unit Numbering

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

57. Retaining Walls

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

58. Boundary Fencing

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

59. Planter Boxes/On Slab Planting

60. Completion of Landscaping

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

OPERATIONAL CONDITIONS

61. 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.

62. 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.

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

63. 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) One motorcycle parking space be provided and are to be designed in accordance with AS 2890.5-1993.

64. Noise

65. Fire Safety Statement - Annual

CONDITIONS OF CONCURRENCE – ROADS AND MARITIME SERVICES

The following conditions of consent are from the nominated state agency pursuant to section 79b of the Environmental Planning and Assessment Act 1979 and must be complied with to the satisfaction of that agency.

66. GTA1 – Car Parking

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. GTA2 – Traffic Noise

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

CONDITIONS OF CONCURRENCE – SYDNEY TRAINS (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.

68. Sydney Trains (RailCorp)

The proposal must comply with the following conditions prescribed by Sydney Trains:

B1. All excavation, shoring and piling works with 25m of the rail corridor are to be supervised by a geotechnical engineer experienced with such excavation projects.

B2. No rock anchors/bolts are to be installed into Sydney Trains property.

B3. The following items are to be submitted to Sydney Trains for review and endorsement prior to the issuing of a Construction Certificate:

Ø Machinery to be used during excavation/construction.

Ø If required by Sydney Trains, track monitoring plan detailing the proposed method of track monitoring during excavation and construction phases.

Ø If required by Sydney Trains, a rail safety plan including instrumentation and the monitoring regime.

The Principal 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.

B4. No modifications may be made to that approved design without the consent of Sydney Trains.

B5. No work is permitted within the rail corridor, or rail easements, at any time unless prior approval or an Agreement has been entered into with Sydney Trains.

B6. 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 (especially the retaining wall and rail track formation) 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.

B7. Prior to the commencement of works, the Applicant shall peg-out the common boundary with the rail corridor and/or rail easement to ensure that there is no encroachment. This work is to be undertaken by a registered surveyor.

B8. 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”. The Applicant must incorporate in the development all the measures recommended in the report.

B9. 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 Principal Certifying Authority with the application for a Construction Certificate.

B10. 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 are within 20m and face the rail corridor, the Applicant is required to install measures (e.g. awning windows, louvres, enclosed balconies, window restrictors etc.) which prevent the throwing of objects onto the rail corridor. These measures are to comply with Sydney Trains requirements. The Principal Certifying Authority is not to issue the Construction Certificate until it has confirmed that these measures are to be installed and have been indicated on the Construction Drawings.

B11. 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 Principal Certifying Authority is not to issue the Construction Certificate until written confirmation has been received from Sydney Trains confirming that this condition has been satisfied.

B12. Prior to the issue of a Construction Certificate a Risk Assessment/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. The Principal Certifying Authority is not to issue the Construction Certificate until written confirmation has been received from Sydney Trains confirming that this condition has been satisfied.

B13. 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.

B14. 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 Principal Certifying Authority is not to issue the Construction Certificate until written confirmation has been received from the Sydney Trains confirming that this condition has been satisfied.

B15. 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.

B16. Prior to the issuing of an Occupation Certificate the Applicant is to submit the as-built drawings to Sydney Trains and Council.

The Principal 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

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

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

Telecommunications Act 1997 (Commonwealth)

Asbestos Warning

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

www.environment.nsw.gov.au

www.nsw.gov.au/fibro

www.adfa.org.au

www.workcover.nsw.gov.au

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

House Numbering

Group Manager’s Report No. PL89/14

Planning Division

Date of Meeting: 10/12/2014

11 DEVELOPMENT APPLICATION - SUBDIVISION OF TWO ALLOTMENTS INTO FOUR LOTS - 7 AND 9 WELHAM STREET, BEECROFT

EXECUTIVE SUMMARY

DA No:	DA/1442/2013 (Lodged 24 December 2013)
Description:	Subdivision of two allotments into four lots
Properties:	Lots 10 and 11, Sec 1, DP 758074, Nos. 7 and 9 Welham Street, Beecroft
Applicant:	P S Graham and Associates
Owners:	Carnarvon 81 Pty Limited Mr Jeffrey Chien-Hong Yeh Ms Sze En Feng
Estimated Value:	$290,000
Ward:	C

· The application proposes the subdivision of two allotments into four lots.

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

· A total of 55 submissions were 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 as a deferred commencement subject to the registration of an easement over downstream land.

RECOMMENDATION

BACKGROUND

The application was lodged on 24 December 2013 for the subdivision of two allotments into four lots and demolition of the dwelling house at No. 7 Welham Street. The access handle was proposed to be located on the shared boundary between No. 7 and No. 9 Welham Street.

On 1 April 2014, amended plans were submitted at Council’s request to retain the dwelling house identified as a contributory item to the Heritage Conservation Area at No. 7 Welham Street, and the relocation of the access handle to the northern boundary of No. 7.

Councils engineering assessment determined that the subdivision could not adequately drain stormwater to Welham Street. Therefore, on 29 October 2014, amended plans were submitted to Council proposing to create an easement to drain stormwater through the adjoining properties, No. 8 and 8A Kirkham Street, Beecroft.

SITE

The site is located on the south-eastern side of Welham Street, Beecroft and has a total site area of 3,237.5m². Property No. 7 Welham Street contains a single storey, brick dwelling house with a detached garage located at the rear. Property No. 9 Welham Street contains a part 1 and part 2 storey dwelling house with a detached garage and an inground swimming pool located to the rear of the dwelling house.

The sites experience an average fall of 6% to the southern rear boundary corner.

The site is not located with bushfire prone land and is not flood prone.

The site does not contain a heritage listed item under Schedule 5 of the Hornsby Local Environmental Plan 2013. However, the site is located within the Beecroft/Cheltenham Heritage Conservation Area. The dwelling house at No. 7 Welham Street is assessed as a contributory item within the Beecroft/Cheltenham Heritage Conservation Area.

The site is in the vicinity of six heritage listed items of local significance, namely the house and gardens at No. 110 Beecroft Road, the house and gardens at No. 112 Beecroft Road, “Ravenhurst” and gardens at No. 114 Beecroft Road, the garden, fence and hedge at No. 116 Beecroft, the house at No. 118 Beecroft Road, and the house at No. 8 Kirkham Street, Beecroft.

The surrounding developments consist predominantly of single dwelling houses on residential lots.

PROPOSAL

The application proposes the subdivision of two allotments into four lots and the retention of both dwelling houses in the following configuration:

The northern lot (Lot No. 1) fronting Welham Street would have an area of 713.2m² and would contain the existing dwelling house at No. 7 Welham Street.

The eastern lot (Lot No. 2) would have an area of 756.3m² (620.3m² excluding the access handle).

The southern lot (Lot No. 3) would have an area of 765.5m² (667m² excluding the access handle).

The western lot (Lot No. 4) fronting Welham Street would have an area of 1002.5m² and would contain the existing dwelling house at No. 9 Welham Street.

The access handle for Lots No. 1, No. 2 and No. 3 would have a total area of 234.5m² and is located adjacent to the northern side boundary of No. 7 Welham Street.

ASSESSMENT

1. STRATEGIC CONTEXT

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

The North Subregion comprises Hornsby, Kuring-gai, Manly, Warringah and Pittwater Local Government Areas. The Draft North Subregional Strategy provided a framework for Council in its preparation of the Hornsby Local Environmental Plan 2013.

Within the North Subregion, the Draft Metropolitan Strategy proposes:

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

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

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

The proposed development would be consistent with the Metropolitan Plan for Sydney 2031 by providing an additional two residential allotments capable of accommodating dwelling-houses.

2. STATUTORY CONTROLS

2.1 Hornsby Local Environmental Plan 2013

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

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

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

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

2.1.1 Clause 4.1 - Minimum Lot Size

Clause 4.1 of the HLEP prescribes that the minimum lot size applicable to the site is 600m²(excluding the area of the access handle). The proposal complies with the minimum lot size development standard.

2.1.2 Clause 5.10 - Heritage Conservation

The objectives of Clause 5.10 of HLEP are as follows:

(a) to conserve the environmental heritage of Hornsby,

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

(c) to conserve archaeological sites,

(d) to conserve Aboriginal objects and Aboriginal places of heritage significance.

On 24 January 2014, the application was referred to Council’s Heritage Advisory Committee (HAC) for consideration and objections were raised to the demolition of the dwelling house at No. 7 Welham Street. The Committee assessed the dwelling house as a contributory item to the Beecroft/Cheltenham Heritage Conservation Area being a 1925 Federation style dwelling house representative and sympathetic to the nearby dwelling houses within Welham Street.

On 1 April 2014, following the advice of the Heritage Advisory Committee, the application submitted a revised heritage impact assessment and amended plans proposing the retention of the dwelling house at No. 7 Welham Street.

The amended proposal was considered by the HAC at its meeting on 15 July 2014, and further objections were raised that the future construction of dwelling houses on Lots No. 2 and No. 3 would have “unacceptable impacts on the natural environmental contribution to the character of the surrounding heritage conservation area”.

The proposal would require the removal of 11 trees. Council’s tree assessment notes that 2 trees are significant however, no objections are raised to the removal of these trees as they fall within the indicative building envelope on Lot 2 and the accessway for Lot 3. The proposed subdivision pattern would minimise the removal of significant trees from the site and maintain the landscape character of the Heritage Conservation Area.

Although it is acknowledged that the subdivision would result in removal of a number of trees on the site, a number of trees would be retained that contribute to the landscape character of the Heritage Conservation Area. Accordingly, it is considered that the proposal represents an appropriate balance between heritage objectives through the retention of a contributory item and trees and the objectives of the R2 Zone to provide for the housing needs of the community.

2.2 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.

The proposal would be subject to a deferred commencement for the creation of a drainage easement to adequately drain the stormwater from the subdivision to a Council controlled system.

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.

2.3 Hornsby Shire Council Section 94 Development Contribution Plan 2012 - 2021

A Section 94 contribution levy would be applicable as the proposed development would result in two additional lots. A condition is recommended in Schedule 1.

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

2.5 Hornsby Development Control Plan 2013

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

Hornsby Development Control Plan 2013 – Parts 3 and 6
Control	Proposal	Requirement	Complies
Density Allotment sizes (excluding the accessway) Lot No. 1 Lot No. 2 Lot No. 3 Lot No. 4	713.2 m² 620.3 m² 667 m² 1002.5 m²	600 m² 600 m² 600 m² 600 m²	Yes Yes Yes Yes
Existing Dwelling on Proposed Lot No. 1
Lot Width	16.615 m	16 m	Yes
Floor Area	277 m²	Max. 380m²	Yes
Site Cover	46%	<50%	Yes
Private Open Space	25 m²	24 m²	Yes
Setbacks - Front (Welham Street) - North-eastern side - South-western side - Rear	9 m 0.9 m 1.6 m 2.7 m	7.6 m 0.9 m 0.9 m 5 m	Yes Yes Yes No
Landscaping	42.5%	>30%	Yes
Car Parking	2 spaces	2 spaces	Yes
Building Envelope on Proposed Lot No. 2
Lot Width	18.885 m	16 m	Yes
Building Envelope Area	200 m²	200 m²	Yes
Private Open Space	>24 m²	24 m²	Yes
Setbacks - Front (north-western) - North-eastern side - South-western side - Rear (south-eastern)	1.6 m 1.5 m 3 m 9.4 m	0.9 m 0.9 m 0.9 m 5 m	Yes Yes Yes Yes
Landscaping	61%	>30%	Yes
Car Parking	2 spaces	2 spaces	Yes
Building Envelope on Proposed Lot No. 3
Lot Width	21.38 m	16 m	Yes
Building Envelope Area	200 m²	200 m²	Yes
Private Open Space	>24 m²	24 m²	Yes
Setbacks - Front (north-western) - North-eastern side - South-western side - Rear (south-eastern)	4.1 m 2.7 m 4.6 m 5.45 m	0.9 m 0.9 m 0.9 m 5 m	Yes Yes Yes Yes
Landscaping	64%	>30%	Yes
Car Parking	2 spaces	2 spaces	Yes
Existing Dwelling on Proposed Lot No. 4
Lot Width	20.115 m	16 m	Yes
Floor Area	335 m²	Max. 380 m²	Yes
Site Cover	46%	<50%	Yes
Private Open Space	>24 m²	24 m²	Yes
Setbacks - Front (Welham Street) - North-eastern side - South-western side - Rear	9.4 m 2.8 m 1.1 m 4.2 m	7.6 m 0.9 m 0.9 m 5 m	Yes Yes Yes No
Landscaping	42.5%	>30%	Yes
Car Parking	2 spaces	2 spaces	Yes

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

2.5.1 Design

The proposed subdivision would provide four regular shaped lots which comply with the minimum lot size requirements of the HLEP and can accommodate a 200m² building envelope with a 24m² principal private open space area and car parking for 2 cars behind the building line.

The indicative building envelopes on Lot 2 and Lot 3 comply with the prescriptive measures of the HDCP with respect to setbacks and landscaping.

The subdivision pattern on Welham Street is primarily large subdivided, battle-axe allotments. It is considered that the proposed subdivision would be in keeping with the established pattern in the locality and would not detract from the streetscape as the accessway would be constructed within an existing driveway and new dwelling houses on the rear lots would not be readily visible from the public domain.

2.5.2 Setbacks

The existing dwelling houses would not comply with the prescriptive measure of Part 6.2.1(h) of HDCP which requires a minimum rear setback of 5 metres for dwelling houses as part of a subdivision.

In this instance, the extent of the non-compliance is entirely within the footprint of the detached garages behind the dwelling houses. The habitable spaces of the dwelling houses are fully compliant with the prescriptive setback requirements.

It is considered that the non-compliance is minimal and would not impact on the privacy of, or solar access to, adjoining properties and would provide appropriate separation between the existing dwelling houses and the indicative building envelopes.

2.5.3 Landscaping

The proposal would necessitate the removal of 11 trees from the site for the construction of the access handle and indicative building envelopes. These trees are identified as two Rhododendron spp. (Rhododendron), a Magnolia soulangiana (Saucer Magnolia), a Citrinus lemon (Lemon Tree), a Xcupressocyparis leylandii (Leyland Cypress), a Grevillea robusta (Silky Oak), a Jacaranda mimosifolia (Jacaranda), a Liquidambar styraciflua (Liquidambar), a Brachychiton acerifolius (Illawarra Flame), a Eucalyptus pilularis (Blackbutt), and an Angophora costata (Sydney Red Gum).

Council’s tree assessment has assessed that two of the trees proposes to be removed as significant, namely Tree No. 19 (Sydney Red Gum) and Tree No. 28 (Blackbutt). On balance, the removal of these two significant trees is considered acceptable as they are within the indicative building envelope of Lot 2 and the accessway to Lot 3 and any alterative subdivision design would result in the removal of additional significant and indigenous trees that are worthy of retention and contribute to the landscape character of the Heritage Conservation Area.

The indicative building envelopes on Lot 2 and Lot 3 and recommended conditions of consent allow for the retention and protection of the remaining trees on site, including other indigenous trees, in particular Tree No. 25, No. 26, No. 29, No. 30 and No. 41 identified as four Syncarpia glomulifera (Turpentine) and a Eucalyptus paniculata (Grey Ironbark).

To offset the removal of the 11 trees, conditions of consent are recommended for a total of 4 indigenous trees to be replanted on Lot 2 and Lot 3 and for an AQF Level 5 Arborist be present on site to supervise and certify all works within 5 metres of any tree to be retained.

Council’s tree assessment has considered the removal of the trees is acceptable subject to conditions of consent.

2.5.4 Stormwater Management

The application originally proposed for stormwater from the subdivision to drain to Welham Street by means of an easement on the south-western boundary of No. 9 Welham Street. Council’s engineering assessment determined that the proposed lots could not adequately drain to the Council controlled stormwater system unless unacceptable earthworks were undertaken on site.

The amended application proposes the creation of an interallotment drainage easement through the adjoining properties at Nos. 8 and 8A Kirkham Street, Beecroft to appropriately drain the proposed four lots to the Council controlled system.

Owners consent from Nos. 8 and 8A Kirkham Street has not been provided as part of this application. Therefore, a condition of consent is recommended for deferred commencement subject to the creation of an interallotment drainage easement over Nos. 8 and 8A Kirkham Street, Beecroft. In addition, conditions of consent are recommended for the existing dwelling houses to connect to this interallotment drainage system and for any new dwelling house on Lot 2 and Lot 3 to initially connect to an on-site detention system before draining to the interallotment drainage system.

2.5.5 Transport and Parking

The application proposes for Lot 1, Lot 2 and Lot 3 to be accessed via a single accessway forming an extension to the existing driveway servicing No. 7 Welham Street. The dwelling house on Lot 4 would utilise the existing, independent access from Welham Street.

The accessway would serve three lots and is proposed to be a total of 3.5 metres wide including a 3 metre carriageway and 0.5 metre landscape verge on one side in accordance with the prescriptive measures of the HDCP.

The proposal provides sufficient space for vehicles to manoeuvre, enter and leave in a forward direction from Welham Street.

To ensure simple, safe and direct vehicular access for Lot 3, a condition of consent is recommended for a positive covenant requiring any future dwelling house to be designed to allow for vehicles to manoeuvre on site to leave the site in a forward direction.

3. ENVIRONMENTAL IMPACTS

3.1 Natural Environment

The proposed development would necessitate the removal of 11 trees from the site. Two trees are identified as indigenous to Hornsby Shire, namely Tree No. 19 Angophora costata (Sydney Red Gum) and Tree No. 28; Eucalyptus pilularis (Blackbutt). The remaining 9 trees are not identified as indigenous to Hornsby Shire and with appropriate replanting of indigenous trees, removal of the trees is considered acceptable.

Council’s tree assessment has considered that, on balance, the removal of the two indigenous trees is acceptable with the appropriate protection of the remaining trees on site.

Two trees located at the front of No. 7 Welham Street, identified as a Corymbia citiodora (Lemon-scented Gum) and a Callistemon viminalis (Weeping Bottlebrush) have been removed since the lodgement of the application. The applicant has confirmed the removal of these trees using the NSW Rural Fire Service 10/50 Vegetation Clearing Code prior to the review of the entitlement area on 27 November 2014.

Subject to conditions of consent requiring the retention of trees and sensitive construction methods be undertaken on the site, the proposal would have minimal impacts on the natural environment.

3.2 Built Environment

The application proposes the retention of the dwelling houses at No. 7 and 9 Welham Street. The proposed access handle would utilise the existing driveway for No. 7 Welham Street and would not alter the existing access to the streetscape.

The subdivision design is consistent with the established pattern of subdivision of battle-axe allotments in the street. Furthermore, the design facilitates the retention of a dwelling house that is contributory to the Heritage Conservation Area. Each proposed rear allotment is of sufficient size and shape to accommodate a future dwelling house with appropriate setbacks, landscaping, private open space and car parking in accordance with the requirements of the HDCP.

A condition of consent is recommended for a Traffic Control Plan to be prepared prior to the commencement of any works to minimise the impact of the construction works on neighbourhood traffic movements.

3.3 Social Impacts

The proposal would not result in a social impact.

3.4 Economic Impacts

4. SITE SUITABILITY

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

The site has an area of 3,237.5m²which is sufficient space to accommodate the subdivision in accordance with the minimum lot size development standard under HLEP 2013 while retaining both existing dwelling houses and utilising an existing driveway to access the rear lots. The subdivision design and attributes of the site would facilitate to enable development of the newly created allotments that is compatible with the surrounding low density environment.

The site is considered suitable for the proposed development.

5. PUBLIC PARTICIPATION

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

5.1 Community Consultation

The original application was placed on public exhibition and was notified to adjoining and nearby landowners between 14 January 2014 and 29 January 2014 in accordance with the HDCP. During this period, Council received 41 submissions.

The amended application was placed on public exhibition and was notified to adjoining and nearby landowners and anyone who had lodged a submission previously between 4 April 2014 and 22 April 2014 in accordance with the HDCP. During this period, Council received 11 submissions.

The subject application was placed on public exhibition and was notified to adjoining and nearby landowners and anyone who had lodged a submission previously between 4 November 2014 and 19 November 2014 in accordance with the HDCP. During this period, Council received 3 submissions.

The map below illustrates the location of those nearby landowners who made a submission in any of the notification periods.

NOTIFICATION PLAN

• PROPERTIES NOTIFIED

X SUBMISSIONS

RECEIVED

PROPERTY SUBJECT OF DEVELOPMENT

16 SUBMISSIONS RECEIVED OUT OF MAP RANGE

The submissions object to the development, generally on the following grounds:

· Demolition of the dwelling house at No. 7 Welham Street;

· Unacceptable loss of vegetation;

· Future fencing of the driveway adjacent to Lot 1 would detract from the heritage significance of the dwelling house;

· Inappropriate lot sizes for the immediate locality;

· The proposal would detract from the Heritage Conservation Area;

· Inappropriate driveway location and future design;

· Subdivision and future dwelling houses would be unable to appropriately connect to Sydney Water infrastructure;

· Unacceptable increase in traffic and parking issues on Welham Street;

· Potential for the removal of vegetation using 10/50 Vegetation Clearing Code.

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 Demolition of the Dwelling-House at No. 7 Welham Street

On 1 April 2014, Council received amended plans proposing to retain the dwelling house at No. 7 Welham Street and relocating the right-of-carriageway along the north-eastern side boundary.

5.1.2 Unacceptable Loss of Vegetation

Submissions raise concerns that the works associated with the subdivision and future dwelling houses on Lot 2 and Lot 3 would result in the unacceptable loss of vegetation that is characteristic of the Beecroft/Cheltenham Heritage Conservation Area.

The application was accompanied by an Arboricultural Assessment Report prepared by Jackson Nature Works. The report identifies all trees on site and their Safe Useful Life Expectancy (SULE). The report also recommends a number of trees to be retained or removed as part of the subdivision. Council’s tree assessment of the proposal concurs with the findings of the arborist report and raises no concerns with respect to the identification of the trees on site or their SULE.

A submission was accompanied by a Tree Report prepared by Stuart Pittendrigh raising concerns that the applicant’s arborist report was incorrect in identifying many of the trees on site as exempt from Part 1B.6 - Tree and Vegetation Preservation of the HDCP (formerly Tree Preservation Order) as the site is located within the Beecroft/Cheltenham Heritage Conservation Area. The arborist report also contests the removal of Tree No. 28, a Eucalyptus pilularis (Blackbutt) as it “contributes to the landscape amenity of the immediate neighbourhood and provides valuable habitat for native fauna”. Council’s tree assessment has considered the arborist report and agrees that Tree No. 28 is a healthy specimen. However, on balance, the removal of the Blackbutt is acceptable as the subdivision layout allows for the retention of four Syncarpia glomulifera (Turpentine) and a Eucalyptus paniculata (Grey Ironbark). A condition of consent is recommended requiring for four replacement trees be planted on site to compensate for the loss of Trees No. 19 and No. 28.

Council’s tree assessment considered that any new dwelling house on Lot 2 and Lot 3 could be developed subject to sensitive construction techniques generally within the indicative building envelopes and ensure the longevity of the remaining significant trees on site.

5.1.3 The Proposal would Detract from the Character of the Heritage Conservation Area

Submissions raise objections that the subdivision would not be in keeping with the Beecroft/Cheltenham Heritage Conservation Area.

Welham Street, Kirkham Street and the nearby section of Beecroft Road contain a number of hatchet-shaped lots. The access for the rear lots for these subdivisions is typically separate from the access to the front lot.

The proposed lots would comply with the minimum subdivision lot size requirements of the HLEP and would utilise the existing driveway at No. 7 Welham Street. It is considered that the proposal is not out of character with the subdivision pattern in the immediate vicinity.

5.1.4 Inappropriate Lot Sizes for the Immediate Locality

A number of submissions raise objections on the grounds that the proposed lot sizes are inappropriate in the area.

The Beecroft-Cheltenham Heritage Conservation Area, and in particular Welham Street is typified by larger residential lots. The HLEP acknowledges the larger lot sizes within the Heritage Conservation Area by establishing 600m² minimum lot size requirement for subdivisions. In instances where a curtilage around a heritage listed item is required, larger lot sizes may be recommended. In the circumstances of this case, the dwelling houses at No. 7 and No. 9 Welham Street are not heritage listed items and it would be unreasonable for Council to require a larger lot size than that specified in the HLEP 2013.

5.1.5 Unacceptable Increase in Traffic and Parking Issues on Welham Street

Submissions raise concerns that the subdivision would result in unacceptable additional traffic movements on Welham Street.

The development would result in two additional lots. In accordance with the NSW Roads and Maritime Services (RMS) – Guide to Traffic Generating Developments the proposal would result in an additional generation of 18 vehicle trips per day and 1.7 vehicular trips during peak hour. Welham Street is a no-through road and has an environmental capacity of 1000-2000 vehicles per day. Council’s traffic assessment concludes that the traffic generation due to this development would have negligible impact on the capacity of the road system in the locality.

5.1.6 Increased Stormwater Runoff

Submissions raise concerns that stormwater from the subdivision could not be adequately drained to Welham Street.

The applicant submitted additional amended plans on 29 October 2014, indicating the intent to secure a drainage easement through Nos. 8 and No. 8A Kirkham Street to drain the four lots in the subdivision.

As the site experiences natural fall to the rear of the site, a condition is recommended to remove all reference to the timber retaining wall located at the side and rear of Lot 3 which was proposed to achieve drainage to Welham Street.

Council’s tree assessment has considered the impact of the proposed stormwater easements through Nos. 8 and 8A Kirkham Street and raises no objections subject to conditions of consent requiring the easement and all associate stormwater piping of the subdivision to be tunnel bored at a minimum depth of 600mm to avoid damage to trees on the site and adjoining properties.

Council’s engineering assessment is satisfied that the site could adequately drain to a Council controlled stormwater system through the adjoining properties to Kirkham Street.

5.1.7 Inappropriate Driveway Location and Future Design

Submissions raise concerns that the accessway is in an inappropriate location that would require the demolition of the dwelling house at No. 7 Welham Street.

The applicant has since submitted amended plans that propose to relocate the accessway to the existing driveway adjacent to the northern boundary of No. 7 Welham Street and the retention of both dwelling houses.

A submission requests that the driveway should be constructed as separate wheel strips with landscaping rather than fully paved. The prescriptive measures of Part 9 of the HDCP states “new driveways should be constructed as two wheel strips where characteristics of the conservation area or appropriate to the site context”. Driveways in Welham Street feature a variety of materials and finishes. Wheel strips are not a consistent feature within the streetscape.

Furthermore, wheel strips are only considered appropriate in circumstances where a driveway services a single dwelling house. In this situation, the driveway would service three lots therefore, to ensure the longevity of the access handle, it is considered appropriate that the access handle should be fully paved.

5.1.8 The Subdivision and Future Dwelling-Houses would be Unable to Appropriately Connect to Sydney Water Infrastructure

Submissions raise concerns with respect to the inability for any future dwelling house on Lot 2 and Lot 3 to connect to the existing Sydney Water infrastructure located at the rear of the existing dwelling houses on Lot 1 and Lot 4.

Any future dwelling house on Lot 2 and Lot 3 would be subject to Sydney Water certification to ensure the dwelling houses could connect appropriately to the sewer infrastructure.

Further concerns are raised with respect to the extent of impact on vegetation that the connection to Sydney Water infrastructure would result in. Council’s tree assessment has considered the application and the impact the subdivision and all associated works would have on the vegetation location on the site. Subject to sensitive construction methods and tree protection measures, no objection is raised to the installation of drainage or sewerage infrastructure.

5.1.9 Future Fencing of the Driveway Adjacent to Lot 1 would Detract from the Heritage Significance of the Dwelling-House

A submission raises concerns that future occupants of Lot 1 would be able to erect a 1.8 metre high fence adjacent to the access handle and adjacent to the open verandah at the front of the dwelling house. The submission contends that this would “destroy the proper relationship of this open verandah to the house and the front garden, and therefore reduce its potential contributory value to the Heritage Conservation Area”.

In this circumstance, the NSW Housing Code would allow for the erection of fencing behind the building line up to 1.8 metres in height without consent. However, fencing in front of the building line in a heritage conservation area requires consent irrespective of its size or design.

To address this, a condition of consent is recommended for a 1.2 metre high fence to be constructed on the north-eastern boundary of Lot 1 adjacent to the accessway.

5.1.10 Removal of Vegetation Using the 10/50 Code

A submission raises concerns that future dwelling houses on the rear lots would be granted the entitlement to remove all trees within 10 metres of any future dwelling house on the sites under Section 100R of the Rural Fires Act 1997.

On 27 November 2014, the NSW Rural Fire Service reviewed the entitlement area for the 10/50 Vegetation Clearing Code, reducing the entitlement area to 100 metres for Category One and 30 metres for Category Two vegetation.

Beecroft Park, located at the end of Welham Street, is classified as Category One vegetation and is located approximately 180 metres south of the subject site. As a result, Nos. 7 and 9 Welham Street are no longer within the 10/50 Code entitlement area.

The removal of any additional trees on site, whether as part of this subdivision or subsequent dwelling houses would be subject to Council’s assessment.

6. THE PUBLIC INTEREST

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

CONCLUSION

The application proposes the subdivision of two allotments into four lots.

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 41 submissions objecting to the original, 11 submissions to the revised, and a further 3 submissions to the current plans during the public notification periods. These matters have been addressed in the body of the report and appropriate conditions are recommended to minimise disruption to residential amenity.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Manager – Development Assessments, Rodney Pickles, who can be contacted on 9847 6731.

Rod Pickles

Manager - Development Assessment

Planning Division

James Farrington

Group Manager

Planning Division

Attachments:

1.View	Locality Map
2.View	Survey Plan
3.View	Subdivision Plan
4.View	Drainage Plan
5.View	Erosion and Sediment Plan

File Reference: DA/1442/2013

Document Number: D03951537

SCHEDULE 1

GENERAL CONDITIONS

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

1. Deferred Commencement

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

a) A stormwater management plan must be submitted to Council showing the proposed method of drainage for the proposed development to Council’s drainage system. The plan is to show the existing drainage pipelines and pits (if any) and the proposed pipe alignment and connection points to Council system with invert and surface levels.

b) Hydrological and hydraulic calculations shall be submitted to Council demonstrating that all existing and proposed interallotment drainage systems have sufficient capacity to convey stormwater for all storms up to the 1 in 20 year ARI event assuming uncontrolled flows (i.e. on-site detention system fully blocked).

c) The registration and creation of an easement to drain water from the development site over Lot 8 and Lot 9 in DP 1089650 – Nos. 8 and 8A Kirkham Street.

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

2. Approved Plans and Supporting Documentation

Approved Plans

Plan No.	Plan Title	Drawn by	Dated
S.15153A Sheet 1 of 1	Plan of proposed subdivision	P. S. Graham & Associates	18 December 2013
S.15153A Sheet 1 of 1	Erosion & Sediment Control Plan	P. S. Graham & Associates	18 December 2013
No reference	Plan showing proposed easement to drain water	P. S. Graham & Associates	No date
S.15153 Sheet 1 of 1	Detail Survey	P. S. Graham & Associates	20 November 2013

Supporting Documentation

Document Title	Prepared By	Dated
Heritage Impact Assessment	Andrew Starr and Associates Heritage Consultants	May 2014
Arboricultural Assessment Report	Jacksons Nature Works	7 December 2013

3. Amendment of Plans

The approved plans must be amended to delete all reference to the timber retaining wall located in the southern corner of Lot 3.

4. 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	$2,280
Open Space and Recreation	$32,960
Community Facilities	$4,600
Plan Preparation and Administration	$160
TOTAL	$40,000

being for two additional allotments.

$C_PY = $C_DC x CPI_PY

CPI_DC

Where:

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

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

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

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

5. Removal of Existing Trees

This development consent only permits the removal of trees numbered 13, 14, 15, 16, 17, 19, 20, 22, 23, 24 and 28, as identified in the Arboricultural Report prepared by Jacksons Nature Works dated 7^th December 2013. The removal of any other trees requires separate approval under Council’s Tree and Vegetation Preservation requirements.

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. Water/Electricity Utility Services

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

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

8. Stormwater Drainage

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

a) Connected to an existing Council piped drainage system.

b) An inter-allotment stormwater drainage system to service the proposed subdivision with pits being cast in situ or pre-cast concrete pits being used.

c) The roof and stormwater drainage system from the existing dwellings is to be connected to the proposed inter-allotment drainage system.

Note: A separate Construction Certificate is required to be submitted and approval obtained prior to the commencement of these works.

9. Internal Driveway/Vehicular Areas

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

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

b) The driveway must be a rigid pavement;

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

d) The driveway pavement must be a minimum 3 metres wide, 0.15 metres thick reinforced concrete with F72 steel reinforcing fabric and a 0.15 metre sub-base;

e) The existing driveway must be removed unless a chartered structural engineer certifies that it is capable of remaining stable under an 8 tonne traffic loading;

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

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

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

i) Any structure including eaves gutters encroaching over the access driveway shall be removed;

j) A common turning area to service the proposed subdivision in accordance with Australian Standards AS 2890.1 to ensure vehicles can enter and leave the site in a forward direction. A right of access shall be created over the turning area to ensure access is maintained at all times; and

k) Conduit for utility services including electricity, water, gas and telephone must be provided. All existing overhead assets including electricity and telecommunications cabling shall be relocated underground at no cost to Council.

Note: A separate Construction Certificate is required to be submitted and approval obtained prior to the commencement of these works.

10. Vehicular Crossing

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

b) The footway area must be restored by turfing;

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

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. 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.

13. 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.

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.

15. Traffic Control Plan

a) Arrangements for public notification of the works.

b) Temporary construction signage.

c) Permanent post-construction signage.

d) Vehicle movement plans.

e) Traffic management plans.

f) Pedestrian and cyclist access/safety.

REQUIREMENTS DURING CONSTRUCTION

16. 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.

17. Council Property

Note: This consent does not give right of access to the site via Council’s park or reserve. Should such access be required, separate written approval is to be obtained from Council.

18. Disturbance of Existing Site

19. Works Near Trees

a) All works (including driveways and retaining walls) within 5 metres of any trees required to be retained (whether or not on the subject property, and pursuant to this consent or the Tree and Vegetation Preservation requirements), 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).

b) Excavation for the installation of underground services on Lot 2 and Lot 3 and the adjoining properties Nos. 8 and 8A Kirkham Street, Beecroft must be carried out by hand or by using the thrust boring method.

c) Tunnel boring must be carried out at least 600mm beneath natural ground surface at the trees to minimise damage to the tree root systems.

REQUIREMENTS PRIOR TO THE ISSUE OF A SUBDIVISION 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. Sydney Water – s73 Certificate

An s73 Certificate must be obtained from Sydney Water.

21. Creation of Easements

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

a) A right of access and easement for services over the access corridor.

b) An inter-allotment drainage easement(s) over each of the burdened lots.

c) An easement for letterboxes shall be created over lot 3 benefiting lot 2. The 88b instrument shall be worded to reflect the obligations and responsibilities of the benefiting and burdening parties.

d) The creation of a “Positive Covenant” over the proposed Lot 3 requiring that any future development is to provide a turning area wholly located within the subject lot in accordance with Australian Standards AS 2890.1 to enable vehicles to enter and leave the lot in a forward direction.

e) The creation of a “Positive Covenant” over the proposed Lot 2 and 3 requiring that any future development is to provide an on-site detention system. The on-site detention system is to have a storage capacity of 5 cubic metres and a maximum discharge of 8 litres per second into Council’s drainage system in accordance with Council’s prescribed wording.

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

22. Preservation of Survey Marks

23. Damage to Council Assets

Any damage caused to Council’s assets including the removal, damage, destruction, displacement or defacing of the existing survey marks as a result of the construction of the development must be rectified in accordance with Council’s Civil Works Specifications. Council’s Restorations Supervision must be notified for a formwork inspection prior to pouring concrete.

24. Works as Executed Plan

A works-as-executed plan(s) must be prepared by a registered surveyor and submitted to Council for completed driveways, interallotment drainage and service conduits. The plan(s) must be accompanied by a certificate from a registered surveyor certifying that all pipelines and associated structures lie wholly within any relevant easements. The location of all necessary service conduits provided to facilitate the proposed subdivision shall be clearly indicated on the works as executed plan.

25. Boundary Fencing

A 1.2 metre high fence must be erecting along the north-eastern boundary of Lot 1 adjacent to the access way.

26. Maintain Canopy Cover

a) A minimum of 2 medium to large trees selected from Council’s booklet ‘Indigenous Plants for the Bushland Shire’ such as Syncarpia glomulifera, Eucalyptus paniculata, Eucalyptus punctata are to be planted in the rear setbacks of both Lot 2 and Lot 3;

b) The planting location shall not be within 4 metres of the foundation walls of a dwelling or in-ground pool;

c) The pot size is to be a minimum 25 litres and the tree(s) must be maintained until they reach the height of 3 metres; and

d) Trees must be native to Hornsby Shire and reach a mature height greater than 20 metres.

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.

Subdivision Certificate Requirements

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

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

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

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

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

Fees and Charges – Subdivision

Dial Before You Dig

Telecommunications Act 1997 (Commonwealth)

House Numbering

Group Manager’s Report No. PL87/14

Planning Division

Date of Meeting: 10/12/2014

12 DEVELOPMENT APPLICATION - SUBDIVISION OF ONE ALLOTMENT INTO SIX LOTS - 79-87 MALTON ROAD BEECROFT

EXECUTIVE SUMMARY

DA No:	DA/94/2013 (Lodged on 7 February 2013)
Description:	Subdivision of one allotment into six lots
Property:	Lot 2 DP 847605, Nos. 79-87 Malton Road, Beecroft
Applicant:	Henlong Property Group Pty Ltd C/- Glendinning Minto and Associates Pty Ltd
Owner:	Henlong Property Group Pty Ltd
Estimated Value:	N/A
Ward:	C

· The application proposes subdivision of one allotment into six lots.

· The application involves a draft Voluntary Planning Agreement for the dedication of proposed Lot 6 which is zoned RE1 Public Recreation under the Hornsby Local Environmental Plan (HLEP) 2013, in lieu of the payment of Section 94 Contributions. In accordance with Council’s adopted Policy, ‘Proposed Council Developments’ an independent assessment of the development application has been undertaken by Nexus Environmental Planning Pty Ltd.

· A total of 24 submissions have been received in respect of the application.

· The report by Nexus Environmental Planning is attached to this report for consideration. The independent consultant’s report recommends approval of the application as a deferred commencement to enable Council’s resolution of the Planning Agreement proposed by the applicant.

RECOMMENDATION

ASSESSMENT

In accordance with Council’s adopted Policy ‘Proposed Council Developments’, the assessment of the development application has been referred to an independent town planning consultant. The report by Nexus Environmental Planning is held at Attachment 5 of this report.

CONCLUSION

The application proposes the subdivision of one allotment into six lots.

Council has referred the application to an independent planning consultancy to carry out an assessment of the application and to consider the public submissions. The assessment concludes that the application should be approved as a deferred commencement to enable Council’s resolution of the Planning Agreement proposed by the applicant.

It is recommended that Council approve the application in accordance with the recommendation in the report prepared by Nexus Environmental Planning Pty Ltd and the conditions of consent held at Schedule 1.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Manager – Development Assessments, Rodney Pickles, who can be contacted on 9847 6731.

Rod Pickles

Manager - Development Assessment

Planning Division

James Farrington

Group Manager

Planning Division

Attachments:

1.View	Locality Map
2.View	Subdivision Plan
3.View	Driveway Plan
4.View	Stormwater Management Plan
5.View	Consultant's Report

File Reference: DA/94/2013

Document Number: D03945496

SCHEDULE 1

GENERAL CONDITIONS

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

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

1. 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:

1A. Voluntary Planning Agreement

Pursuant to section 93F of the Environmental Planning and Assessment Act 1979, the applicant must prepare and enter into a Voluntary Planning Agreement (VPA) with Hornsby Shire Council for the dedication of proposed Lot 6.

The terms of the VPA must include but not be limited to the following:

a) The land is to be dedicated free of cost to Council;

b) The reason for the VPA is to offer a public benefit by providing an opportunity to progress the establishment of the network of Council owned open space in Byles Creek;

c) This VPA excludes the application of Section 94 contribution to the development; and

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

1B. Integrated Vegetation and Bushfire Management Plan

a) An Integrated Vegetation and Bushfire Management Plan for the management of the native vegetation along Malton Road and within the Asset Protection Zone (as specified in Condition 34). The Plan will apply to each of the newly created allotments where a future dwelling will occur (5 lots);

b) The Plan must be prepared by a suitably qualified bush regenerator or restoration ecologist who is a vegetation management specialist and has at least 5 years’ experience in the management of native bushland and at least a TAFE Certificate III in Bush Regeneration or Conservation and Land Management – Natural Area Restoration qualifications;

c) The Plan must be prepared in consultation with a Bushfire Management Consultant and include strategies for management of the Asset Protection Zones in a manner that has the least impact on the natural environment and maintains indigenous vegetation for the benefit of the Byles Creek corridor function and include, but not be limited to, the following:

i) The appointment of a Project bush regenerator or restoration ecologist to oversee the implementation of the Plan;

ii) Consideration of the recommendations of the Environmental Assessment (Flora & Fauna) Report prepared by Ecological Surveys & Planning, January 2014 and the Assessment of Proposed Development at Lot 2 DP 847605, 79-87 Malton Road Beecroft on Threatened Species of Fauna Report prepared by Gaia Research Pty Ltd, October 2012;

iii) Consideration of the recommendations of the Amended Bushfire Assessment Report (Reference No. 2013/15A) prepared by Bushfire Safety Solutions, February 2013;

iv) Weed control and suppression using bush regeneration methods;

v) Habitat protection including hollow-bearing tree retention and the potential population of threatened Leptospermum deanei habitat; and

vi) The restoration of all disturbed areas using bush regeneration techniques.

1C. Fauna Management Plan

A Fauna Management Plan to manage the loss of habitat resources for tree dependent fauna prepared by a qualified and experienced ecologist.

The Plan must include, but not be limited to, the following:

d) The appointment of a Project Ecologist to oversee the implementation of the Fauna Management Plan;

e) Installation of a total of thirty (30) nest boxes in the “Restricted Development Area” being the area between the northern boundary of the easement for right-of-way, services and drainage and the southern boundary of proposed Lot 6;

f) The nesting boxes shall include ten for microchiropteran bats, ten for possums/gliders and ten for birds particularly Gang-gang Cockatoos;

g) Tree hollows to be salvaged from trees within the development area and placed within the bushland areas within the Restricted Development Area and areas of Byles Creek dedicated to Council in consultation with Council’s Natural Resources Branch;

h) A requirement for the Project Ecologist to be onsite during any tree removal and/or earthworks that will impact the rock escarpment or rock outcrops to re-locate displaced fauna that may be disturbed during this activity.

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

2. Approved Plans and Supporting Documentation

Plan Title	Revision	Drawn by	Dated
Plan of Proposed Torrens Title Subdivision (Reference No. 75633)	E	Rygate Surveyors	3.11.2014

Driveway Plans prepared by Acor Appleyard Consultants Pty Ltd

Plan No.	Issue	Plan Title	Dated
D1	3	Cover Sheet and Notes	10/2014
D2	5	Driveway Plan	10/2014
D3	4	Driveway Long Sections	10/2014
D4	5	Driveway Cross Sections MC01 – Sheet No. 1	10/2014
D5	5	Driveway Cross Sections Sheet No. 2	10/2014

Stormwater Management Plans prepared by Acor Appleyard Consultants Pty Ltd

Plan No.	Issue	Plan Title	Dated
C1	2	Cover Sheet and Notes	11/2014
C2	4	Stormwater Management Plan	11/2014
C3	2	Drainage Longitudinal Section	11/2014
C4	1	Stormwater Management Details	11/2014

Supporting Documents

Document Title	Prepared by	Dated
Erosion & Sediment Control Plan (Drawing reference No. C5 Issue 2)	Acor Appleyard Consultants Pty Ltd	11/2014
Erosion & Sediment Control Notes & Details (Drawing reference No. C6 Issue 2)	Acor Appleyard Consultants Pty Ltd	11/2014
Plan Showing Details and Levels (Reference No. 74128, Sheet 1, Revision B)	Rygate Surveyors	10/8/2011
Plan Showing Details and Levels (Reference No. 74128, Sheet 2, Revision B)	Rygate Surveyors	10/8/2011
Plan Showing Details and Levels (Reference No. 74128, Sheet 3, Revision B)	Rygate Surveyors	10/8/2011

3. Amendment of Plans

The Stormwater Management Plans prepared by Acor Appleyard Consultants Pty Ltd and dated 11/2014 are to be amended as follows:

a) The portion of the stormwater line from pit 1 to pit 5 shall be relocated 10 metres to the south.

b) The installation of any services within the nominated Tree Root Zone (TRZ) of any tree to be retained must utilise the thrust boring method or alternative sensitive construction method approved by Council. Thrust boring must be carried out so that ‘top of pipe’ is a minimum 700mm depth beneath existing ground level.

c) All detention and inspection pits must be located outside the TRZ of any tree to be retained.

d) Onsite stormwater flow must be directed to an existing piped stormwater drainage system.

REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

4. 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.

5. Road Works

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

a) The existing paved width of the Malton Road sealed road across the frontage of the site must be maintained to be at least 5.0m, with suitable provision for splays to match existing pavements at either end of the work;

b) A standard concrete rolltop kerb or other kerb type as required by Council shall be designed and constructed across the Malton Road frontage of the site, in line with the existing edge of seal and Council controlled drainage pipe system;

c) The Malton Road shoulder pavement seal must be graded between 2% and 4% to the gutter invert;

d) The existing road to be saw cut a minimum of 1.0m from the proposed lip of kerb and reconstructed as full depth 300 mm flexible pavement;

e) Council standard kerb inlet pits and grates shall be designed and constructed in the gutter invert to drain runoff from Malton Road to the road piped drainage system;

f) All existing assets within the road reserve, including utility poles, services, road shoulder pavements, dense graded base layers, junction pits, shall be adjusted at the Applicant’s cost in order to effect the required works. Details to be provided on construction plans;

g) The submission of a compaction certificates from a geotechnical engineer for any fill work, subgrade and base material within the road formation; and

h) Pursuant to Section 138 Roads Act 1993, a Construction Certificate application for these works must be made to Hornsby Council for assessment and approval prior to the commencement of any work. The Applicant must pay Council’s fee for application assessment and compliance inspections prior to Construction Certificate approval.

6. Vehicular Crossing

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

a) The crossing must be designed and constructed for two-way movement of vehicles on the crossing allowing for the swept-out manoeuvring of vehicles accessing the crossing;

b) The crossing ramps grades must be designed and constructed in accordance with AS2890.1-2004;

c) A longitudinal section of the crossing must be provided with Construction Certificate plans; and

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

Note: An application for a vehicular crossing can only be made to one of Council’s Authorised Vehicular Crossing Contractors, or be the subject of a Construction Certificate Application to Hornsby Council as Roads Authority. You are advised to contact Council on 02 9847 6940 to obtain a list of contractors.

7. 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 for approval. The TCP must detail the following:

a) Arrangements for public notification of the works.

b) Temporary construction signage.

c) Vehicle movement plans.

d) Traffic management plans.

e) Pedestrian and cyclist access/safety.

8. Parking Restriction

Pursuant to Section 138 Roads Act 1993, to control parking across the Malton Road frontage of the site and improve safety, a separate Application must be made to Council’s Traffic and Road Safe:

a) Application shall take the form required by T&RSB, with scaled Plans prepared by a suitably qualified person showing drawing number, RMS Standard sign detail, sign directional arrows, dimensions between signs, street name, north point and location of driveways.

b) The Applicant shall pay T&RSB’s fee as required for assessment of the parking control proposal.

c) Council’s Local Traffic Committee shall consider and approve signage plans prior to any signage’s construction.

d) Approved signage construction shall be arranged by the Applicant and constructed at the Applicant’s cost prior to release of the Subdivision Certificate.

The required Traffic Control Plan (TCP) must be submitted and approved by Hornsby Council.

9. Internal Driveway/Vehicular Areas

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

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

b) The driveway width must provide for two-way movement of vehicles in proposed Lots 4 and 5 to the crossing;

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

d) The driveway pavement must be a minimum 3 metres wide, 0.15 metres thick reinforced concrete with SL72 steel reinforcing fabric and a 0.15 metre sub-base;

e) Retaining walls must have a setback of at least 300 mm from kerb lines and drop edges of the minimum 3.0m carriageway;

f) The pavement must have a kerb to one side and a one-way cross fall with a minimum gradient of 2 percent with kerb inlet pits provided on grade and at low points;

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

h) Safety rails must be provided where there is a level difference more than 0.3 metres and a 1V:4H batter cannot be achieved. Details to be provided on construction plans;

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

10. Stormwater Drainage

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

a) Connected to an existing Council controlled natural watercourse;

b) Method of water disposal to the watercourse shall use water sensitive dissipation methods or other methods as required by Council’s Natural Resources Branch or a controlled activity approval;

c) The driveway and interallotment drainage system be piped to contain the 20 year Average Recurrence Interval storm event with an overland flow provided above it where required;

d) An inter-allotment stormwater drainage system to service the proposed subdivision with pits being cast in situ or pre-cast concrete pits being used.

11. 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.

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

12. Project Ecologist, Bush Regeneration Consultant

The name and contact details of the consultants engaged to oversee the implementation of the Fauna Management Plan and the Integrated Vegetation and Bushfire Management Plan are to be submitted to Council.

13. Project Arborist

a) The name and contact details are to be submitted to Council of a Project Arborist engaged to supervise the construction works with respect to ensuring that all trees required to be retained are protected;

b) The project arborist shall have a level 5 AQF accreditation and be a member of the Tree Contractors of Australia or similar professional body.

14. Removal of Existing Trees

This development consent only permits the removal of trees numbered 4, 9, 11, 18, 24, 25, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 58, 59, 62, 63, 64, 65, 66 and 68 as identified on the approved Driveway Plan Revision 5, prepared by Acor Appleyard Consultants Pty Ltd, dated 10/2014.

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. 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.

17. Tree Protection Barriers

Tree protection fencing must be erected onsite around trees numbered 1, 2, 3, 10, 23, 27 and 29 to the satisfaction of Project Arborist.

REQUIREMENTS DURING CONSTRUCTION

18. 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.

19. Project Arborist

The Project Arborist, as required to be appointed by this consent, must be present on the site whenever trees are being removed as permitted under this consent and during excavation works within 10m of any tree required to be retained to ensure:

a) All pruning is undertaken as specified in the Australian Standard ‘Pruning of Amenity Trees’ (AS 4373-2007); and

b) Protection of trees on development sites as specified in Australian Standard AS 4970-2009.

20. Project Ecologist – Fauna Management Plan

The Project Ecologist must supervise the works required to be undertaken under the Fauna Management Plan.

21. Project Ecologist, Bush Regeneration Consultant

The Project Ecologist, Bush Regeneration Consultant must supervise the works required to be undertaken under the Integrated Vegetation and Bushfire Management Plan.

22. Council Property

Note: This consent does not give right of access to the site via Council’s park or reserve. Should such access be required, separate written approval is to be obtained from Council.

23. Disturbance of Existing Site

24. Excavated Material

25. Erosion and Sediment Control

Erosion and sediment control measures must be provided and maintained throughout the construction period and remain in place until the site has been stabilised and revegetated.

REQUIREMENTS PRIOR TO THE ISSUE OF A SUBDIVISION CERTIFICATE

26. Project Arborist - Final Certification

Certification by the project arborist shall be submitted to Council confirming that the works undertaken on site have been completed in accordance with Condition 19.

27. Project Ecologist, Bush Regeneration Consultant - Final Certification

Certification by the project ecologist, bush regeneration consultant shall be submitted to Council confirming that works have been completed on site in accordance with the Integrated Vegetation and Bushfire Management Plan.

28. Project Ecologist – Fauna Management Plan – Final Certification

Certification by the project ecologist, shall be submitted to Council confirming that works have been completed on site in accordance with the Fauna Management Plan.

29. Sydney Water – s73 Certificate

An s73 Certificate must be obtained from Sydney Water.

30. Damage to Council Assets

31. Creation of Easements

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

a) A right of access and easement for services over the access corridor.

b) An inter-allotment drainage easement(s) over each of the burdened lots.

c) The creation of a “Positive Covenant” over the proposed Lots 1 to 4 inclusive requiring that any future development is to provide an on-site detention system. The on-site detention system is to have a storage capacity of 5 cubic metres and a maximum discharge of 8 litres per second into the interallotment/natural drainage system in accordance with Council’s prescribed wording.

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

32. Works as Executed Plan

A works-as-executed plan(s) must be prepared by a registered surveyor and submitted to Council for completed road works, utility works, kerb & gutter, public drainage systems, driveways, internal drainage systems, services and service conduits.

33. Restriction as to User – Protection of Land from Future Development

To inform current and future owners that the areas of rock outcrops, native vegetation and habitat on the site is to be protected from future development, a Restriction as to User must be created under Section 88B of the Conveyancing Act 1919 for each of the Lots 1-5 identifying that the bushland area between the northern boundary of the 11m wide easement for right-of-way, services and drainage and the southern boundary of proposed Lot 6 is restricted from future development or disturbance of any kind.

34. Placement of a Positive Covenant - Integrated Vegetation and Bushfire Management Plan

A positive covenant must be created under Section 88E of The Conveyancing Act 1919 for each of the Lots 1-5 to provide for the ongoing management of the Asset Protection Zone on each allotment in accordance with the requirements of the Integrated Vegetation and Bushfire Management Plan. The Asset Protection Zone is the area of land located between the northern boundary of the easement for right-of-way, services and drainage and the southern (Malton Road) boundary of the site.

35. Asset Protection Zone Boundary

To ensure that the Asset Protection Zone requiring treatment is clearly defined as an area separate to retained native vegetation, the boundary of the Asset Protection Zone for bushfire protection must be marked with permanent metal stakes to prevent fuel reduction activities and vegetation clearing from encroaching into native bushland.

GENERAL TERMS OF APPROVAL – RURAL FIRE SERVICE

The following conditions of consent are General Terms of Approval from the nominated State Agency pursuant to Section 91A of the Environmental Planning and Assessment Act 1979 and must be complied with to the satisfaction of that Agency.

36. Asset Protection Zones

The intent of measures is to minimise the risk of bush fire attack and provide protection for emergency services personnel, residents and others assisting fire fighting activities. To achieve this, the following condition must apply:

a) At the issue of subdivision certificate and in perpetuity the land from the north eastern boundary of the right of way to the south western (Malton Road) boundary for the width of the property shall be managed as an inner protection area (IPA) as outlined within section 4.1.3 and Appendix 5 of 'Planning for Bush Fire Protection 2006' and the NSW Rural Fire Service's document 'Standards for asset protection zones'.

37. Water and Utilities

a) Water, electricity and gas are to comply with section 4.1.3 of 'Planning for Bush Fire Protection 2006'.

38. Access

The intent of measures for property access is to provide safe access to/from the public road system for fire fighters providing property protection during a bush fire and for occupants faced with evacuation. To achieve this, the following condition must apply:

a) The right of way must be constructed as a property access road and must comply with section 4.1.3 (2) of 'Planning for Bush Fire Protection 2006'.

GENERAL TERMS OF APPROVAL – NSW OFFICE OF WATER

39. NSW Office of Water (Condition No. 1)

These General Terms of Approval (GTA) only apply to the controlled activities described in the plans and associated documentation relating to DA/94/2013 and provided by Council:

a) Site plan, map and/or surveys

Any amendments or modifications to the proposed controlled activities may render these GTA invalid. If the proposed controlled activities are amended ore modified the NSW Office of Water must be notified to determine if any variations to these GTA will be required.

40. NSW Office of Water (Condition No. 2)

Prior to the commencement of any controlled activity (works) on waterfront land, the consent holder must obtain a Controlled Activity Approval (CAA) under the Water Management Act from the NSW Office of Water. Waterfront land for the purposes of this DA is land and material in or within 40 metres of the top of the bank or shore of the river identified.

41. NSW Office of Water (Condition No. 3)

The consent holder must prepare or commission the preparation of:

a) Vegetation Management Plan.

b) Erosion and Sediment Control Plan.

c) Soil and Water Management Plan.

d) Amendments – stormwater outlet plans to be supplied in accordance with NOW Guidelines.

42. NSW Office of Water (Condition No. 4)

All plans must be prepared by a suitably qualified person and submitted to the NSW Office of water for approval prior to any controlled activity commencing. The following plans must be prepared in accordance with the NSW Office of Water guidelines located at www.water.nsw.gov.au/Water-licensing/Approvals/default.aspx

a) Vegetation Management Plans.

b) Riparian Corridors.

c) Outlet Structures.

43. NSW Office of Water (Condition No. 5)

The consent holder must (i) carry out any controlled activity in accordance with approved plans and (ii) construct and/or implant any controlled activity by or under the direct supervision of a suitably qualified professional and (ii) when required, provide a certificate of completion to the NSW Office of Water.

44. NSW Office of Water (Condition No. 6)

The consent holder must carry out maintenance period of two (2) years after practical completion of all controlled activities, rehabilitation and vegetation management in accordance with a plan approved by the NSW Office of Water.

45. NSW Office of Water (Condition No. 7)

The consent holder must reinstate waterfront land affected by the carrying out of any controlled activity in accordance with a plan or design approved by the Office of Water.

46. NSW Office of Water (Condition No. 8)

The consent holder must use a suitably qualified person to monitor the progress, completion, performance of works, rehabilitation and maintenance and report to the NSW Office of Water as required.

47. NSW Office of Water (Condition No. 9)

The consent holder must provide a security deposit to monitor the progress, completion, performance of works, rehabilitation and maintenance and report to the NSW Office of Water as required.

48. NSW Office of Water (Condition No. 11)

The consent holder must not locate ramps, stairs, accessways, cycle paths, pedestrian paths or any other non-vehicular form of accessway in a riparian corridor other than in accordance with a plan approved by the NSW Office of Water.

49. NSW Office of Water (Condition No. 14)

The consent holder must ensure that no materials or cleared vegetation that may (i) obstruct flow, (ii) wash into the water body, or (iii) cause damage to river banks: are left on the waterfront land other than in accordance with a plan approved by the NSW Office of Water.

50. NSW Office of Water (Condition No. 15)

The consent holder is to ensure that all drainage works (i) capture and convey runoffs discharges and flood flows to low flow water level in accordance with a plan approved by the NSW Office of Water; and (ii) do not obstruct the flow of water other than in accordance with a plan approved by the NSW Office of Water.

51. NSW Office of Water (Condition No. 16)

The consent holder must stabilise drain discharge points to prevent erosion in accordance with a plan approved by the NSW Office of Water.

52. NSW Office of Water (Condition No. 17)

The consent holder must establish all erosion and sediment control works and water diversion structures in accordance with a plan approved by the NSW Office of Water. These works and structures must be inspected and maintained throughout the working period and must not be removed until the site has been fully stabilised.

53. NSW Office of Water (Condition No. 18)

The consent holder must ensure that no excavation is undertaken on waterfront land other than in accordance with a plan approved by the NSW Office of Water.

- 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.

Tree and Vegetation Preservation

Hornsby Development Control Plan (HDCP) Tree Root Zones:

HDCP Section 1B.6.1 (i).	TRZ
Trees with a diameter at breast height greater than 800mm	9m
Trees with a diameter at breast height greater between 400mm & 800mm	7m
Trees with a diameter at breast height greater less than 400mm	4m

Note: Diameter at Breast Height (DBH) for trees is in accordance with the Arboricultural Impact Assessment prepared by Allied Trees dated 15 January 2013.

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”.

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

Subdivision Certificate Requirements

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

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

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

· Certification that the requirements of relevant utility authorities - such as Ausgrid and Telstra - have been met.

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

Fees and Charges – Subdivision

Dial Before You Dig

Telecommunications Act 1997 (Commonwealth)

House/Unit Numbering

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

1.View	Voluntary Planning Agreement and Explanatory Note
2.	CONFIDENTIAL - Valuation Information - 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. (Property Valuation Information )

1.View	Attachment 1 - Draft Amendment - SEPP (Housing for Seniors or People with a Disability)
2.View	Attachment 2 - Subject Site

1.View	Attachment 1 - Public Hearing Report - West Epping Park - Draft Plan of Management
2.View	Attachment 2 - West Epping Park Draft Plan of Management - Summary of Submissions
3.View	Attachment 3 - List of Amendments - West Epping Park Draft Plan of Management - December Issue
4.View	Attachment 4 - West Epping Park - Draft Plan of Management with Amendments - December Issue

1.	Tender RFT18/2014-Tree Services and Associated Activities Confidential 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.
2.	IR32_14 - Attachment - Confidential Memo - Tender 18_14 - Tree Services - 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.View	Attachment - Photo 1 - TA 710 2014 - 34 Dean Street West Pennant Hills
2.View	Attachment - Photo 2 - TA 710 2014 - 34 Dean Street West Pennant Hills
3.View	Attachment - Photo 3 - TA 710 2014 - 34 Dean Street West Pennant Hills
4.View	Attachment - Photo 4 - TA/710/2014 - 34 Dean Street West Pennant Hills
5.View	Attachment 2 - Tree Application and Report - 34 Dean Street - West Pennant Hills