Agenda of General Meeting - 11 February 2015

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

File Reference: DA/1002/2014

Document Number: D04380234

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
E3757-69019	Detail Survey	Burton & Field	7.04.14
Sk11	Site Plan + Roof Plan	Brooks Projects Architects	18.08.14
Sk1g	Basement 2 Plan	Brooks Projects Architects	14.08.14
Sk2i	Basement 1 Plan	Brooks Projects Architects	13.11.14
Sk3l	Level 1 Plan	Brooks Projects Architects	13.11.14
Sk4l	Level 2-3 Plan	Brooks Projects Architects	13.11.14
Sk5l	Level 4 Plan	Brooks Projects Architects	13.11.14
Sk6l	Level 5 Plan	Brooks Projects Architects	13.11.14
Sk7c	Elevation Sheet 1	Brooks Projects Architects	14.11.14
Sk8c	Elevation Sheet 2	Brooks Projects Architects	14.11.14
Sk0d	Section	Brooks Projects Architects	13.11.14
Sk10a	Post Adaptation Plan	Brooks Projects Architects	22.08.14
Sk12-14	Shadow Diagrams	Brooks Projects Architects	18.08.14
001973/TM Rev D sheet 1	Landscape Proposal	Urban Landscape Planners	01.09.14
001973/TM Rev A sheet 2	Landscape Proposal	Urban Landscape Planners	24.06.14
Sw01 Issue A	Stormwater Services Site/Basement Plan	Sparks and Partners	Aug 2014
Sw02 Issue A	Stormwater Services Levels 1&2-3 Plans	Sparks and Partners	Aug 2014
Sw03 Issue A	Stormwater Services Levels 4&5 Plans	Sparks and Partners	Aug 2014
Sw04 Issue A	Stormwater Services Basement 2 Plan	Sparks and Partners	Aug 2014
Sw05 Issue A	Stormwater Services – Erosion Control Plan	Sparks and Partners	Aug 2014
Sw06 Issue A	Stormwater Services	Sparks and Partners	Aug 2014

Document Title	Prepared by	Dated
Basix Certificate 568307M	Gradwell Consulting	28.08.14
Noise Impact Assessment	Marshall Day Acoustics	19.08.14
Stormwater Report	Sparks and Partners	August 2014
Addendum stormwater advice letter (Doc No.D04439885)	Sparks and Partners	6.01.15
Waste Management Plan	Brooks Projects Architects	27.08.14
Photomontage (Doc No.D03636899)	Brooks Projects Architects	undated
Schedule of external finishes (Doc No.D04450800)	Brooks Projects Architects	13.01.15

2. Amendment of Plans

The approved plans are to be amended as follows:

a) The Stormwater Services Plans by Sparks and Partners are to be amended to be consistent with the architectural plans by Brooks Projects.

b) Visitor parking space V2 is to be deleted to increase the truck loading bay to (8m long x 3.5 m wide) and for placement of recycling bins for servicing.

c) Amend Plan Sk3l by removing the private open space to Unit 1 located to the east of the 16sqm paved courtyard and maintaining the landscaped setbacks as communal open space.

3. Removal of Existing Trees

This development consent only permits the removal of tree(s) numbered T1, T3, T5, T9 & T10 as identified in red on the Survey Plan prepared by Burton & Field, dated 07-04-14.

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.

5. Section 94 Development Contributions

a) 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	$20,355.10
Open Space and Recreation	$334,686.40
Community Facilities	$46,668.65
Plan Preparation and Administration	$1,380.75
TOTAL	$403,090.90

being for 10 x 1 bedroom units, 16 x 2 bedroom units and 4 x 3 bedroom units and including a credit for 2 existing allotments

b) The value of this contribution is current as at 12 January 2015. 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.

c) The monetary contributions shall be paid to Council:

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

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

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

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

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

Council’s 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)

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. Accessible Units

The development is required to provide 9 units designed as adaptable housing pursuant to the requirements of 1C.2.2 of the Hornsby Development Control Plan. In this regard, three (3) car parking spaces are to be designed for people with a disability and allocated to 3 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 the adjoining property to the north, No.30B Essex Street.

12. 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.

13. Noise – Epping Road Corridor

The development must be carried out in accordance with the recommendations contained within the acoustic report submitted with the development application, titled, prepared by Marshall Day Acoustics and dated 19/08/2014 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).

14. Stormwater Drainage

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

a) Connected to the extension of an existing Council piped drainage system in Essex Street.

b) In regard to HDCP2013 s1C.1.2.j, a minimum of 80% of roof and patio areas of the top floor to be drained to the proposed harvesting system and subsequently the on-site detention system. Details of the proposed 17 kL harvesting system and drainage layout to be shown on hydraulic plans.

c) The internal drainage system be piped to contain at least the 20 year Average Recurrence Interval storm event, with an emergency outlet system to drain storm events in excess of the 20 year ARI to be drained directly to the Council controlled drainage system.

15. On-Site Stormwater Detention

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

a) Have a capacity of not less than 18 cubic metres, and a maximum discharge (when full) of 30 litres per second.

b) Have a 900mm x 900mm surcharge/inspection grate located directly above the outlet at least.

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) Provision of an emergency overflow system for storms in excess of the 20 year average recurrence interval, directly to Council’s kerb using 75 mm high hot dip galvanised rectangular hollow sections.

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

16. Essex Street Stormwater Drainage Extension and Road Works

a) Pursuant to Section 59A and 68 of the Local Government Act 1993, and s138 Roads Act 1993, an Application shall be made to Hornsby Shire Council for consideration and approval of the proposed Council-controlled drainage works, prior to the release of that Construction Certificate. Application requires payment of Council’s fee for assessment, approval and inspection.

b) The drainage and road work includes the removal of the existing pits in Essex Street adjacent 30 and 30A Essex Street, removal of the existing kerb and gutter and road shoulder for the extent of the Council drainage work as well as the Essex Street frontage of the site, and construction of a new reinforced concrete pipe and 1.8m kerb inlet pit and new kerb and gutter.

c) The pipeline shall be designed to carry the 20 year average recurrence interval storm flow in its catchment, be at least 375 mm diameter reinforced concrete pipe, and connected to the existing council controlled pipeline.

d) Access to affected properties shall be maintained at all times during the proposed works. Steel plates or other acceptable method for providing vehicular access shall be used for constant access and site safety.

e) A vehicular crossing shall be designed and constructed with finished levels as required by Council. Redundant crossings shall be removed and restored to Council’s standard.

f) The footpath verge shall be graded to suit the levels of the proposed crossing and existing levels at either end. Council’s standard 80 mm thick concrete footpath to be constructed within the footpath verge with the remaining area turfed.

g) The existing road shoulder pavement to be saw cut a minimum of 600 mm from the lip of kerb and reconstructed to match existing kerb levels.

h) 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.

i) Construction, relocation or adjustment of all other utilities and assets at the Applicant’s cost to make good all proposed drainage and civil works.

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 for approval. The TCP must detail the following:

a) Arrangements for public notification of the works.

b) Temporary construction signage.

c) Permanent post-construction signage.

d) Vehicle movement plans.

e) Traffic management plans.

f) Pedestrian and cyclist access/safety.

18. Internal Driveway/Vehicular Areas

The driveway and parking areas on site must be designed in accordance with Australian Standards 2890.1, 2890.2, 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 for SRV access must not exceed 15.4 percent and changes in grade must not exceed 8.3 percent per 4.0m of travel, with provision of 3.5m of SRV clearance in servicing and manoeuvring areas;

d) The driveway ramp shall have suitable provision for drainage; and

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

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. Project Arborist

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

24. Tree Protection Barriers

Tree protection fencing must be erected around tree numbered T4 to be retained at the nominated Tree Protection Zone (TPZ) listed below

Tree protection fencing must be erected around tree numbered T2 to be retained at the nominated TPZ listed below except where it conflicts with the approved basement and stormwater plan where fencing can be located at a distance of 3m and works are carried out in accordance with those listed below.

The tree fencing must be contiguous and constructed of 1.8 metre ‘cyclone chainmesh fence’ and must be erected in accordance with AS 4970-2009 (Section 4 & Fig.3)

Tree Protection Zones (TPZ)

TREE	TPZ
T2	6m
T4	5m

25. Tree Protection – Ground Protection

Prior to works commencing and throughout construction, the area of the Tree Protection Zone (located on the property) of trees T2 & T4 is to be protected by the use of wood-chip mulch. Wood-chip mulch is to be installed on top of a geotextile landscape fabric, placed over the root zone of the tree. The mulch is to be maintained at a depth of 150mm – 300mm using material that complies with AS 4454.

Note: A certificate from the Project Arborist (AQF 5) is to be submitted to the Principal Certifying Authority stating that all tree protection measures are in accordance with the above and consistent with the intentions of the Australian Standard ‘Protection of Trees on Development Sites (AS 4970-2009) prior to commencement of works.

REQUIREMENTS DURING CONSTRUCTION

26. Construction Work Hours

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

27. 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.

28. 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.

29. Street Sweeping

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

30. Works Near Trees

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

Existing soil grades within the fenced Tree Protection Zones of trees to be retained must be maintained.

Consent is granted to undertake works within six metres (6m) of tree T2 only, with the following conditions:

a) Project Arborist

i) Works must not reduce the useful life expectancy of the tree and be carried out under the direct supervision of the Project Arborist. The project arborist must assess the condition of tree and the growing environment and make recommendations for, and if necessary carry out remedial action to ensure the health and vigour of the tree.

b) Excavation

i) Excavation to a depth of one metre (1m) to facilitate the construction of the basement and the stormwater shall be carried out by hand excavation ONLY. Excavation must not exceed 15% of the TPZ and is to occur at a distance greater than 3m from the trunk of the tree.

c) Root Pruning

i) Where tree roots are required to be severed for the purposes of this consent all pruning shall be undertaken as specified in AS 4970-2009 Sections 3.3.4, 4.5.4 and 4.5.5. A certificate must be submitted by the Project Arborist to the principal certifying authority detailing the methods used to preserve the tree.

31. 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.

32. 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.

33. 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.

34. 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.

35. 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.

36. 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.

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.

37. Fulfilment of BASIX Commitments

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

38. Sydney Water – s73 Certificate

An s73 Certificate must be obtained from Sydney Water.

39. 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.

40. Works as Executed Plan

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

41. Creation of Easements

The following matter(s) must be nominated on the title under s88B or s88E of the Conveyancing Act 1919:

a) An easement for access for Council’s waste and recycling vehicles, using terms available from Council, over that part of the land required for SRV service.

b) 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 must be clearly marked on the Registered Surveyor’s documentation.

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

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

42. Certificate of Tree Protection

Where works have been undertaken within the Tree Protection Zone of a tree, the project Arborist must assess the condition of tree(s) and the growing environment and make recommendations for, and carry out remedial actions where necessary.

Following the final inspection and the completion of any remedial works, the project arborist must submit to the Principal Certifying Authority documentation stating that the completed works have been carried out in compliance with the approved plans and specifications for tree protection as above and AS 4970-2009.

43. Retaining Walls

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

44. 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.

If an electrical substation is required as indicated on Dwg No.Sk31 (Level 1 Plan), a gate is to be used to screen the substation from Essex Street that is compatible with the fencing installed along the property boundary.

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

45. 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.

46. Modification to Landscape Plan

The following modifications to the landscape plan are required:

a) Substitute 16 x no. plantings of Westringia fruticosa ‘Mundi’ (Coastal Rosemary) from the proposed location along the northern boundary / southern side of hedge plantings, with a more shade-tolerant species.

b) Remove the paving within the side setback (Unit 4) and the rainwater tank adjacent to Unit 5 to be consistent with the superseding Architectural Plans.

47. Street Tree Planting

Planting to the front verge must include three Tristaniopsis laurina (Water Gum), installed at minimum 100 Litre pot size.

48. 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.

49. External Lighting

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

50. 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.

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

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

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

j) A report(s) must be prepared by a registered surveyor and submitted to the principal certifying authority prior to the issue of the Subdivision/Occupation Certificate, certifying that: The finished access way (including ramp, vehicle turning area, loading bay and site entry/exit) to be used by waste collection vehicles, complies with Australian Standard AS2890.2-2002 Parking Facilities Part 2: Off-street Commercial Vehicle Facilities for small rigid vehicles with minimum design vehicle dimensions of 6.4 metres overall length, width of 2.3 metres, with maximum gradient of 1:6.5 and minimum 3.5 metre clearance height.

Note: Encroachments of the small rigid vehicle turning path and low speed manoeuvring clearance (300 mm both sides) into parking spaces cannot be tolerated.

52. Unit Numbering

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

53. 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.

54. 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

55. 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.

56. 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.

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

57. Allocation of Car Parking

a) Parking spaces number R9 and R10 shall be allocated to the same unit as there is a possibility of conflict if vehicles are not parked accurately.

b) Parking spaces number R25 and R26 shall be allocated to the same unit.

58. 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.

59. 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

60. Bicycle Parking

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

b) 6 resident and 3 visitor bicycle parking spaces are to be provided in the basement.

61. Motorcycle Parking Spaces

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

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. 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).

64. 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.

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

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.

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.

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. PL2/15

Planning Division

Date of Meeting: 11/02/2015

9 DEVELOPMENT APPLICATION - DWELLING-HOUSE - 41 ASHLEY STREET, HORNSBY

EXECUTIVE SUMMARY

DA No:	DA/1247/2014 (Lodged 16 October 2014)
Description:	Demolition of an existing dwelling and erection of a dwelling-house
Property:	Lot B, DP 385307, No. 41 Ashley Street, Hornsby
Applicant:	Tullipan Homes Pty Ltd
Owner:	Mr Nathan Toussaint
Estimated Value:	$600,000
Ward:	B

· The application proposes the demolition of a single storey dwelling-house and the construction of a two storey dwelling-house.

· The proposal does not comply with the maximum building height development standard within the Hornsby Local Environmental Plan (HLEP) 2013. The applicant has made a submission pursuant to Clause 4.6 ‘Exceptions to development standards’ of the HLEP 2013 to vary the 8.5 metre maximum building height development standard by more than 10%. The proposed variation to the development standard is considered well founded and is supported.

· No submissions have been received in respect of the application.

· It is recommended that the application be approved.

RECOMMENDATION

SITE

The narrow, irregular shaped, 1,285m² site is located on the southern side of Ashley Street, Hornsby and contains a single storey dwelling-house with an attached, single carport.

The site experiences an average fall of 27% to the rear, southern boundary.

The site is bushfire prone and is not flood prone.

The site does not contain a heritage listed item and is not within the vicinity of a heritage listed item. However, the site is located adjacent to the Hornsby West Side Heritage Conservation Area - Mt Errington Precinct.

The site contains locally indigenous species of trees including remnant specimens of Blackbutt Gully Forest.

The site is not benefitted or burdened by any easements or restrictions.

PROPOSAL

The application proposes the demolition of a dwelling-house and a carport and the construction of a split level, two storey dwelling-house.

The ground floor would comprise two bedrooms, rumpus room with balcony, bathroom and laundry. The first floor would include a master bedroom with an en-suite, bedroom, powder room and kitchen/meals/living room with a deck attached to the rear of the dwelling house. Due to the slope of the land immediately below street level, the first floor would also include a double garage, front portico and an entrance foyer facing the street.

No trees would be removed as part of the development.

ASSESSMENT

1. STRATEGIC CONTEXT

1.1 A Plan for Growing Sydney and (Draft) North Subregional Strategy

The proposed development would be consistent with ‘A Plan for Growing Sydney’, by providing renewed housing stock for a growing population.

2. STATUTORY CONTROLS

2.1 Hornsby Local Environmental Plan 2013

The proposed development has been assessed having regard to the provisions of the Hornsby Local Environmental Plan 2013 (HLEP).

2.1.1 Zoning of Land and Permissibility

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 ‘dwelling house’ under the HLEP and is permissible in the zone with Council’s consent.

2.1.2 Clause 4.3 – Height of Buildings

Clause 4.3 of the HLEP prescribes that the maximum building height is not to exceed the maximum height shown for the land on the Height of Building Map, which is of 8.5 metres. The proposed dwelling house would have a building height of 9.6 metres, which does not comply with this standard. This matter is addressed below.

2.1.3 Clause 4.6 – Exceptions to Development Standards

Clause 4.6 of the HLEP provides flexibility in applying development standards and enables a consent authority to vary a standard where strict compliance would be unnecessary, unreasonable, or tend to hinder the objectives of the Act.

The objectives of this clause are as follows:

(a) to provide an appropriate degree of flexibility in applying certain development standards to particular development,

(b) to achieve better outcomes for and from development by allowing flexibility in particular circumstances.

Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard. However, development consent must not be granted for development that contravenes a development standard unless Council has considered a written request from the applicant that seeks to justify the contravention of the development standard.

Clause 4.6 applies to this development, as ‘Height of Building” is a development standard.

The purpose and objective of Clause 4.6 is similar to State Environmental Planning Policy No. 1 – Development Standards (SEPP 1) which previously provided flexibility in applying development standards. The Land and Environment Court has expressed the view that there are five different ways in which an objection may be well founded and that approval of the objection may be consistent with the principles of Clause 4.6 and also with the five part test:

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

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

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

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

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

The above points of the Land and Environment Court are considered as a guide in assessing the application against Clause 4.6.

The applicant has submitted an objection against Council’s adherence to the maximum 8.5 metre height of building development standard for the proposed dwelling-house. The applicant states that strict compliance with the maximum building height requirement is both unreasonable and unnecessary in this circumstance and that there are sufficient environmental planning grounds to justify contravening the development standard as follows:

1. The proposal provides for a dwelling that steps down the site to minimise excavation and impacts to the existing landform;

2. The dwelling presents as a single storey dwelling house when viewed from Ashley Street. The design is compatible with the existing surrounding development particularly having regarding to the immediately adjoining development;

3. The orientation of the allotment and location of the dwelling ensures that the proposal does not result in any unreasonable overshadowing to the adjoining properties;

4. The dwelling has been orientated to overlook the rear yard and district to the south and will not result in any unreasonable loss of privacy to the adjoining properties;

5. The non-compliance is a direct result of the significant slope of the site with particular note to the significant embankment to the rear of the proposal; and

6. Strict compliance with this clause would [require] significant excavation and such a significant change in levels between the front and rear of the dwelling that the resultant dwelling would have unreasonable impacts on the useability/functionality of the dwelling.

The applicant’s objection to the 8.5 maximum building height standard is considered well founded and is supported for the following reasons:

· The departure from the maximum building height requirement is primarily at the rear of the dwelling house and would not be visible from the public domain;

· The extent of the non-compliance is within the roof form of the first floor deck and part of the roof above the kitchen. The remainder of the dwelling house is compliant;

· The design of the dwelling house incorporates a 1200mm ‘step’ in the centre of the footprint to address the gradient of the site;

· The rear of the adjoining property, No 43 Ashley Street, has a gutter level of RL 169.88 AHD which represents a building height of 8.88 metres above natural ground level as determined from the submitted survey; and

· Strict compliance with the 8.5 metre building height limit would require more extensive earthworks to the site to reduce the finished floor level and ridge height of the dwelling house.

Accordingly, the applicant’s submission is accepted and the variation to the development standard is supported.

2.1.4 Clause 5.10 – Heritage Conservation

The objectives of Clause 5.10 of the 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; and

(d) to conserve Aboriginal objects and Aboriginal places of heritage significance.

The site is located adjacent to the Hornsby West Side Heritage Conservation Area - Mt Errington Precinct which extends to properties on the northern side of Ashley Street, Hornsby.

Development within the adjacent Heritage Conservation Area comprises a majority of single storey dwelling-houses of brick and weatherboard construction with both tile and metal roof claddings.

The application proposes the demolition of an existing single storey dwelling-house and the construction of a split level, two storey, brick dwelling-house with a concrete tile roof. The gradient of the site to the rear would allow for the dwelling house to appear as single storey in height when viewed from the street. This single storey height would be consistent with the predominant character of the streetscape along the southern side of Ashley Street.

The proposed dwelling-house would not interfere with the views to, or from, the Heritage Conservation Area or detract from the significance of the Hornsby West Side Heritage Conservation Area.

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

The Policy also identifies types of development that are of minimal environmental impact that may be carried out without the need for development consent and types of complying development (including dwelling houses) that may be carried out in accordance with a complying development certificate.

The proposed dwelling house cannot be approved as Complying Development, as the dwelling house would not comply with the maximum floor area for a first floor balcony, maximum building height, first floor side setbacks, the extent of excavation and the provision of private open space.

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

The application has been assessed against the requirements of State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004. The proposal includes BASIX Certificate No. 578638S for the proposed dwelling house and is considered to be satisfactory with respect to SEPP BASIX.

2.4 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.

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

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

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

2.7 Hornsby Development Control Plan 2013

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

HDCP – Part 3.1 Dwelling-Houses
Control	Proposal	Requirement	Complies
Site Area	1,285m²	N/A	N/A
Building Height	10.5m	8.5m	No
No. storeys	2 storeys	max. 2 + attic	Yes
Site Coverage	18%	40%	Yes
Floor Area	280m²	430m²	Yes
Setbacks
- Front	3.5m	6m	No
- Side (eastern)
- Ground floor (dwelling)	2.276m	0.9m	Yes
- First floor	2.276m	1.5m	Yes
- Side (western)
- Ground floor	1.8m	0.9m	Yes
- First floor	1.8m	1.5m	Yes
- Rear (southern)
- Ground floor	60m	3m	Yes
- First floor	60m	8m	Yes
Landscaped Area	77% (989m²)	40% (514m²)	Yes
Private Open Space - minimum area - minimum dimension	>24m² 3m	24m² 3m	Yes Yes
Car Parking	2 spaces	2 spaces	Yes

As detailed in the above table, the proposed development generally complies with the prescriptive requirements within the HDCP other than the front boundary setback and building height. These matters of non-compliance are addressed below together with a brief discussion on compliance with relevant performance requirements.

2.7.1 Scale

The desired outcome of Part 3.1.1 Scale of the HDCP is to encourage “development with a height, bulk and scale that is compatible with a low density residential environment.”

The proposal dwelling house would have a height of 9.6 metres which does not comply with the maximum building height requirement of 8.5 metres.

The portion of the dwelling house that exceeds the height requirement would be located at the rear of the structure, behind the ridge line and as a consequence, would not be visible from the street.

The proposal would present as a single storey dwelling house when viewed from the street, meets the desired outcomes of Part 3.1.1 Scale of the HDCP and is considered acceptable.

2.7.2 Setbacks

The desired outcomes of Part 3.1.2 Setbacks of the HDCP are to encourage “setbacks that are compatible with adjacent development and complement the streetscape” and “setbacks that allow for canopy trees to be retained and planted along the front and rear property boundaries.”

Given the steep topography of the site and the splay of the front boundary alignment, the dwelling house would be set back a minimum 3.5 metres from the front boundary alignment which does not comply with the 6 metre prescriptive measure.

In support of this variation, it is noted that this non-compliance relates only to the front-facing wall of bedroom 1 and the adjacent entry portico. The front boundary setbacks of nearby dwelling houses on the southern side of Ashley Street are characterised by encroachments within the 6 metre front setback requirement. The adjacent dwelling houses at No.s 39 and 43 Ashley Street have front boundary setbacks of 4 metres and 2.5 metres respectively. Accordingly, the proposed setback is generally consistent with the established streetscape pattern of development.

The proposal meets the desired outcomes of Part 3.1.2 Setbacks of the HDCP and is considered acceptable.

2.7.3 Earthworks and Slope

The desired outcomes of Part 1C.1.4 Earthworks and Slope of the HDCP are to encourage “development that is designed to respect the natural landform characteristics and protects the stability of land” and “development that limits landform modification to maintain the amenity of adjoining properties and streetscape character”.

The prescriptive measures state that:

a) Development should be sited on the area of land presenting the least topographic constraints and away from ridge lines;

b) Earthworks involving filling should not exceed 1 metre in height from the existing ground level;

c) Excavation that extends outside of the building platform should be limited to a depth of 1 metre from the existing ground level, unless the excavation is required to:

i) Achieve a high quality of built form, or

ii) Provide for safe vehicular access to the site, and

iii) it maintains the amenity of the adjoining properties and the desired streetscape character.

d) Filling or excavation should not occur on or adjacent to sensitive environments, such as watercourses, riparian land, wetlands, bushland or sensitive vegetation.

The application proposes to excavate to a maximum depth of 2.8 metres adjacent to the eastern boundary which does not comply with the 1 metre prescriptive measure.

In support of this variation, it is noted that the extent of the earthworks would be limited to the centre portion of the structure and would allow for the minimisation of the building footprint to avoid encroachment into the significant vegetation at the rear of the site.

Given that the building envelope experiences a slope of approximately 40%, a condition is recommended requiring certification from a suitably qualified geotechnical engineer as to the stability of the slope in regard to the proposed design.

The proposal meets the desired outcomes Part 1C.1.4 Earthworks and Slope of the HDCP and is considered acceptable.

2.7.4 Sunlight Access

The desired outcomes of Part 3.1.5 Sunlight Access of the HDCP are to encourage “dwelling houses designed to provide solar access to open space areas” and “development designed to provide reasonable sunlight to adjacent properties.”

The prescriptive measures of Part 3.1.5 Sunlight Access state that on “22 June, 50% of the required principal private open space should receive 3 hours of unobstructed sunlight between 9am and 3pm.” The prescriptive measures also state that on “22 June, 50% of the required principal open space of an adjoining property should receive 3 hours of unobstructed sunlight between 9am and 3pm.”

Notwithstanding the non-compliance with building height, the proposal complies with the prescriptive measures of Part 3.1.5 Sunlight Access and is acceptable.

2.7.5 Privacy

The desired outcome of Part 3.1.6 Privacy of the HDCP is to encourage “development that is designed to provide reasonable privacy to adjacent properties.”

The application proposes two decks within the rear elevation of the dwelling house and active use rooms located on the first floor, including the living room, meals room and kitchen. These decks and active use rooms do not comply with the prescriptive measures of the Privacy element which states that “living and entertaining areas of dwelling houses should be located on the ground floor only and orientated towards the private open space of the dwelling house and not the side boundaries.”

In support of this variation, it is noted that the meals room, living room and kitchen would be primarily orientated towards the rear of the site, with large windows within the rear elevation. The kitchen and living room would also have windows orientated towards the side boundaries with the potential to overlook into the adjoining properties.

In consideration of this issue of non-compliance, it is noted that the restricted size and height of the 2 kitchen windows within the left, side elevation and their proposed location between the bench top and overhead cabinets would not allow direct line of sight overlooking into the adjoining property, No. 39 Ashley Street.

The height and size of the living room window within the right, side elevation would allow overlooking of the adjacent premises 43 Ashley Street. To address this issue of non-compliance, a condition is recommended requiring this window to be of a “highlight” design with a sill height of no less than 1500mm above finished floor level.

The prescriptive measure of the Privacy element states “decks and the like that need to located more than 600mm above existing ground should not face a window of another habitable room, balcony or private open space of another dwelling located within 9 metres of the proposed deck unless appropriately screened”.

The proposed ground floor and first floor level decks within the rear elevation would have floor levels 3.8 metres and 6.6 metres respectively above ground level. Whilst the ground floor deck would allow overlooking of the heavily vegetated areas at the rear of the subject site and not to the private open space or living areas of the adjacent dwelling houses, the first floor level deck may allow overlooking into the adjoining property, No. 43 Ashley Street.

To address this issue, a condition is recommended requiring the erection of a 1.5 metre high privacy screen along the right elevation of the deck.

The proposal meets the desired outcomes of Part 3.1.6 Privacy of the HDCP and is considered acceptable.

2.7.6 Heritage

The desired outcome of Part 9 Heritage of the HDCP for development in the vicinity of heritage items and heritage conservation areas is to encourage “new work that is sympathetic of nearby heritage items, or adjoining heritage conservation areas, and their settings”.

The prescriptive measures state that “development should maintain significant or historic public domain views to and from the heritage item, or heritage conversation area” and “original or significant landscape features that are associated with the heritage item or heritage conservation area, and which contribute to their setting should be retained”.

In assessing the heritage impact of the proposal on the character of the adjacent Hornsby West Side Heritage Conservation Area, it is noted that the proposed dwelling house would present as single storey to the streetscape and would not impede the views to, or from, the properties within the Heritage Conservation Area. The application does not propose the removal of any trees or the construction of fencing within the front setback.

The application meets the desired outcomes of Part 9 Heritage of the HDCP and is considered acceptable.

2.7.7 Vegetation Preservation

The application does not propose the removal of any trees on site.

Council’s environmental assessment has determined that the proposal would not significantly impact on the health of the trees at the rear of the site, subject to conditions requiring the erection of protection fencing prior to the commencement of any works.

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 application does not propose the removal of any trees from the site. Subject to conditions requiring appropriate tree protection fencing and sediment control measures, the proposal would have minimal impacts on the natural environment.

3.2 Built Environment

The proposed dwelling house would present as single storey to the street and would be similar in scale to the dwelling houses in the vicinity.

3.3 Social Impacts

The proposal would not result in a detrimental social impact.

3.4 Economic Impacts

The proposal would have a 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”.

4.1 Bushfire Risk

As the land is bushfire prone, the application was referred to the NSW Rural Fire Service for comment, together with a Bushfire Assessment Report prepared on behalf of the applicant.

No objections were raised to the proposal, subject to conditions requiring appropriate materials being used in the construction of the dwelling house in accordance with Australian Standard AS3959-2009 'Construction of buildings in bush fire-prone areas'.

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 23 October 2014 and 7 November 2014 in accordance with Notification and Exhibition requirements of the Hornsby Development Control Plan. During this period, Council received no submissions. The map below illustrates the location of those nearby landowners who were notified.

NOTIFICATION PLAN

• PROPERTIES NOTIFIED

X SUBMISSIONS

RECEIVED

PROPERTY SUBJECT OF DEVELOPMENT

6. THE PUBLIC INTEREST

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

CONCLUSION

The application proposes the demolition of a dwelling house and the construction of a split level, two storey dwelling-house.

As the proposal does not comply with the Hornsby Local Environmental Plan 2013 in respect to Clause 4.3 ‘Building Height’, the applicant has made a submission pursuant to Clause 4.6 ‘Exceptions to development standards’ of the HLEP 2013, requesting a variation to the maximum building height development standard. The proposed variation to this standard in this instance is considered well founded and is supported.

There were no submissions received in response to notification of the proposed development.

Having regard to the circumstances of the case and consideration of the Clause 4.6 variation, approval of the application is recommended.

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

1.View	Locality Map
2.View	Site Plan
3.View	Floor Plans
4.View	Elevations and Sections
5.View	Tree Location Plan

File Reference: DA/1247/2014

Document Number: D04393002

SCHEDULE 1

GENERAL CONDITIONS

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

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

1. Approved Plans and Supporting Documentation

Approved Plans

Plan Name	Plan No.	Drawn by	Dated
Site Plan	6438-WD2 Sheet 1 of 12	Tullipan Homes Pty Ltd	12/01/2014
Ground Floor Plan	6438-WD2 Sheet 3 of 12	Tullipan Homes Pty Ltd	14/08/2014
First Floor Plan	6438-WD2 Sheet 4 of 12	Tullipan Homes Pty Ltd	14/08/2014
Elevations (front and right)	6438-WD2 Sheet 5 of 12	Tullipan Homes Pty Ltd	14/08/2014
Elevations (rear and left)	6438-WD2 Sheet 6 of 12	Tullipan Homes Pty Ltd	14/08/2014
Section and Driveway Longsection	6438-WD2 Sheet 7 of 12	Tullipan Homes Pty Ltd	14/08/2014

Supporting Documentation

Document No.	Prepared by	Dated
Survey Plan Survey Ref: C21177	Cahill & Cameron Registered Surveyors	11/06/2013
Shadow Diagrams Dwg No. 6438-WD1 Sheet 9 of 12	Tullipan Homes Pty Ltd	14/08/2014
Waste Management Plan	Tullipan Homes Pty Ltd	2/10/2014
Bushfire Assessment Report	Building Code & Bushfire Hazard Solutions Pty Limited	23/09/2014
Schedule of External Finishes	Tullipan Homes Pty Ltd	6/08/2014
Concept Landscape Plan Dwg No. 6438-WD1	Tullipan Homes Pty Ltd	14/08/2014
Statement of Environmental Effects and Clause 4.6 Statement	Nolan Planning Consultants	October 2014
Tree Location Plan	Hornsby Shire Council	26/11/2014

2. Removal of Existing Trees

This development consent does not permit the removal of any trees on the site. The removal of any other trees requires separate approval in accordance with the Tree and Vegetation Chapter 1B.6 Hornsby Development Control Plan (HDCP).

3. Geotechnical Certification

a) As the site experiences an average gradient of more than 20%, certification from a suitably qualified geotechnical engineer must be prepared as to the stability of the slope in regard to the proposed design.

b) This certification must be submitted to the principal certifying authority with the application for a construction certificate.

4. Amendment to Plans

a) To establish and maintain an acceptable level of privacy within the adjacent premises 43 Ashley Street, the window serving the living room on the ‘right’ elevation of the dwelling house must have a sill height of no less than 1500mm above the first floor finished floor level.

b) Amended plans with respect to this requirement must be submitted to the principal certifying authority with the application for a construction certificate.

5. Section 94A Development Contributions

a) In accordance with Section 80A(1) of the Environmental Planning and Assessment Act 1979 and the Hornsby Shire Council Section 94A Development Contributions Plan 2012-2021, $6,000.00 shall be paid to Council to cater for the increased demand for community infrastructure resulting from the development, based on development costs of $600,000.

b) The value of this contribution is current as at 15 January 2015. 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.

c) The monetary contributions shall be paid to Council:

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

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

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

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

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

Council’s S94A Development Contributions Plan may be viewed at www.hornsby.nsw.gov.au or a copy may be inspected at Council’s Administration Centre during normal business hours.

6. 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

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. Sydney Water – Quick Check

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

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

11. Design and Construction - Bushfire Attack Category

New construction must comply with the current Australian Standard AS3959 ‘Construction of buildings in bush fire-prone areas’ section 5 (BAL 12.5) and Section A3.7 Addendum Appendix 3 of Planning for Bushfire Protection.

12. Stormwater Drainage

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

a) Roof water must be connected to a rainwater tank having capacity equal to the BASIX requirements.

b) The overflow from the rainwater tank and collected surface water must be disposed of in accordance with Council’s design specification; “On Site Absorption System”, and the following requirements:

i) The trench located a minimum of 5 metres from any downstream properties and 1 metre from the side boundaries;

ii) The trench must be laid on contour;

iii) The trench must be a minimum of 0.6 metres wide, 0.6 metres deep and 1 metre long for every 25 square metres of impervious area; and

iv) Overland flow from the trench must be spread evenly over the site so as not to discharge water in a concentrated manner onto adjoining land.

v) Or be designed by a qualified hydraulic engineer.

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

13. Erection of Construction Sign

A sign must be erected in a prominent position on any site on which building 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.

14. 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.

15. Tree Protection Barriers

a) Tree protection fencing must be erected around trees numbered 2-17 to be retained at a 4 metre setback or erected as indicated on the Tree Location Plan prepared by Hornsby Shire Council dated 26 November 2014 to prevent any access to the area.

b) The tree protection 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.

c) To avoid injury or damage, trees numbered 5 and 6 must have trunks protected by 2 metre lengths of 75mm x 25mm hardwood timbers spaced at 80mm secured with galvanised wire (not fixed or nailed to the tree in any way.

16. 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.

17. 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 levels provided by Council shall be used to set the crossing level;

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

c) The footway area must be restored by turfing.

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.

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. 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;

20. Works Near Trees

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

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

c) Excavation within the Tree Protection Zone (TPZ) of any tree to be retained on the subject property or neighbouring property, must be undertaken by hand only; and

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

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

21. 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.

22. Disturbance of Existing Site

23. 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.

24. Damage to Council Assets

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.

25. Fulfilment of BASIX Commitments

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

26. Internal Driveway/Vehicular Areas

The driveway and parking areas on site must be designed in accordance with Australian Standards 2890.1, 3727.

27. Retaining Walls

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

28. Installation of Privacy Devices

a) To establish and maintain a reasonable level of privacy and amenity at the adjacent premises 43 Ashley Street, a 1.5 metre high privacy screen is to be erected along the right elevation of the first floor level deck.

b) The screen must have no individual openings more than 30mm wide and have a total of all openings less than 30% of the surface area of the screen.

- END OF CONDITIONS -

ADVISORY NOTES

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

Environmental Planning and Assessment Act 1979 Requirements

The Environmental Planning and Assessment Act 1979 requires:

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

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

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

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

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

Long Service Levy

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

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

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

Tree and Vegetation Preservation

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.

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:

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

Group Manager’s Report No. PL9/15

Planning Division

Date of Meeting: 11/02/2015

10 DEVELOPMENT APPLICATION - DWELLING-HOUSE - 7A MARY STREET, BEECROFT

EXECUTIVE SUMMARY

DA No:	DA/1335/2014 (Lodged 3 November 2014)
Description:	Erection of a dwelling-house on a vacant allotment
Property:	Lot 2, DP 1167742, No.7A Mary Street, Beecroft
Applicant:	Clarendon Homes (NSW) Pty Ltd
Owners:	Mr Pavan Devkinandan Harlalka and Mrs Vanita Harlalka
Estimated Value:	$514,027
Ward:	C

· The application is for the construction of a two storey dwelling house on a vacant allotment.

· The proposal generally complies with the Hornsby Local Environment Plan (HLEP) 2013 and the Hornsby Development Control Plan (HDCP) 2013.

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

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

· It is recommended that the application be approved.

RECOMMENDATION

BACKGROUND

On 14 January 2009, Council approved DA/1394/2008 for the subdivision of No. 7 Mary Street into two allotments. The subject site was created as part of the subdivision.

The consent for subdivision has been subject to minor variations under Section 96 of the Environmental Planning and Assessment Act, 1979 on 3 subsequent occasions.

On 24 March 2014, Council released the final linen plan (SC/78/2013) for the subdivision.

SITE

The vacant, 614.7m² battle-axe allotment is located on the southern side of Mary Street and experiences a cross-fall of 2 metres towards the north western corner.

The site is bush fire prone but is not flood prone.

The site is not burdened by any easements or restrictions.

The vegetation on the site includes a remnant tree growing within part of a locally significant vegetation community (Blackbutt Gully Forest) and is within 50 metres of a mapped Critically Endangered Ecological Community (Blue Gum Shale Forest) listed under the Threatened Species Conservation Act 1995.

Whilst the site is not a heritage listed item, it is located in the vicinity of two heritage items of local significance, namely the house and garden at No.3 Mary Street and Chilworth Reserve at No.11X and 14X Mary Street. Both these items are listed under the provisions of Schedule 5 (Environmental Heritage) of the HLEP 2013. The site is also located within the Beecroft/Cheltenham Heritage Conservation Area.

PROPOSAL

The application proposes a two storey dwelling house. The ground floor would comprise a kitchen, meals room, rumpus and family room, guest bedroom, ensuite, walk-in-robe, studio, laundry, powder room, entry, living room, study and double garage.

The first floor would comprise 4 bedrooms, ensuite, leisure room, 2 walk-in-robes and bathroom.

One tree would be impacted by the proposal.

ASSESSMENT

1. STRATEGIC CONTEXT

1.1 A Plan for Growing Sydney and (Draft) North Subregional Strategy

The proposed development would be consistent with ‘A Plan for Growing Sydney’, by providing an additional dwelling contributing to the achievement of Council’s dwelling target.

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; and

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

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

2.1.1 Height

Clause 4.3 of the HLEP provides that the height of a building on any land is not to exceed the maximum height shown for the land on the Height of Buildings Map. The maximum permissible height for the site is 8.5 metres. The 8.4 metre height of the proposal complies with this provision.

2.1.2 Heritage Conservation

Clause 5.10 of the HLEP sets out heritage conservation provisions for Hornsby Shire. The site is located within the Beecroft/Cheltenham Heritage Conservation Area and is in the vicinity of 2 listed items, namely the house and garden at No.3 Mary Street and Chilworth Reserve at No.11X and 14X Mary Street.

The design and siting of the proposal on a battle-axe allotment would have no detrimental impacts on the heritage qualities of the heritage items in the vicinity or streetscape and would complement the surrounding development in terms of bulk, scale, height, roof form, materials and finishes. Accordingly, the proposal is consistent with the heritage provisions of the LEP.

The proposal meets the desired outcome of Part 9.3.1 General Design Provisions of the HDCP and is considered acceptable.

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

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

The proposed dwelling house may not be approved as complying development, as the subject site is located within a heritage conservation area.

The proposal complies with the requirements of the NSW Housing Code in all other aspects.

2.3 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.

2.4 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.

BASIX Certificate No. 578285S has been submitted for the dwelling house in compliance with the requirements of the SEPP.

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

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.

3. Hornsby Development Control Plan

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

Hornsby Development Control Plan
Control		Proposal		Requirement	Complies
Scale
Site Area		614.7m²		N/A	N/A
Height		8.48m		8.5m	Yes
Site coverage		38.4%		50%	Yes
Floor Area		374m²		380m²	Yes
Setbacks Ground Floor
Front (Battle-axe)		4.28m		0.9m	Yes
Side (Eastern)		1.5m		0.9m	Yes
Side (Western)		5.37m		0.9m	Yes
Rear		3m		3m	Yes
Setbacks First Floor
Side (Eastern)		2.6m		1.5m	Yes
Side (Western)		5.37m		1.5m	Yes
Rear		8m		8m	Yes
Landscaping		54%		30%	Yes
Open Space
Minimum principal private Open space Area		24m²		24m²	Yes
Minimum width of principal private open space		6m		3m	Yes
Sunlight Access
On 22 June, 50% of required principal private open space area should receive 3 hours of unobstructed sunlight access between 9am and 3pm					Yes
On 22 June, 50% of required principal private open space on any adjoining property should receive 3 hours of unobstructed sunlight access between 9am and 3pm					Yes
Vehicle Access and Parking	2 spaces		2 spaces		Yes

As detailed in the above table, the proposed development complies with the prescriptive measures within Part 3 Residential of the HDCP. A brief discussion on compliance with relevant performance requirements and Part 1C General Controls is provided below.

3.1 Earthworks and Slope

The desired outcomes of Section 1C.1.4 Earthworks and Slope of the HDCP are to encourage “development that is designed to respect the natural landform characteristics and protects the stability of land” and “development that limits landform modification to maintain the amenity of adjoining properties and streetscape character”.

To establish a level building platform for the dwelling-house, the application proposes a maximum cut of 0.6 metres and a fill of 1 metre which complies with the 1 metre prescriptive measure.

The proposal meets the desired outcomes of the Part 1C 1.4 Earthworks and Slope of the HDCP and is considered acceptable.

3.2 Scale

The desired outcome of Part 3.1.1 Scale of the HDCP is to encourage “development with a height, bulk and scale that is compatible with a low density residential environment.”

The 8.48 metre building height of the proposal complies with the 8.5 metre prescriptive measure.

The 374m² maximum floor area of the proposal complies with the 380m² prescriptive measure in relation to the 614.7m² allotment size.

The 38.4% site coverage of the proposal complies with the 50% prescriptive measure.

The proposal complies with the prescriptive measures of Part 3.1.1 Scale of the HDCP and is considered acceptable.

3.3 Privacy

The desired outcome of the Part 3.1.6 Privacy of the HDCP is to encourage “development that is designed to provide reasonable privacy to adjacent properties.”

An objection raises concerns that the height of the proposed dwelling house would allow overlooking into the adjacent properties No.9 Mary Street and 8A and 10A Welham Street.

In addressing this concern, it is noted that the first floor of the proposal includes an active use leisure room which does not comply with the prescriptive measure which states that “living and entertaining areas of dwelling houses should be located on the ground floor only and orientated towards the private open space of the dwelling house and not the side boundaries.”

This leisure room is served by a window within the front, northern elevation which has a setback of 14 metres from the adjoining property, No.7 Mary Street. As a consequence, this non-compliance with the prescriptive measure is supported as it would have negligible adverse privacy impacts.

All the remaining first floor level windows serve non-active rooms such as bedrooms, a bathroom and an ensuite in accordance with the requirements of the HDCP. No windows are proposed at the first floor level on the southern elevation.

The proposal meets the desired outcomes of Part 3.1.6 Privacy of the HDCP and is considered acceptable.

3.4 Sunlight Access

The desired outcomes of Part 3.1.5 Sunlight Access of the HDCP are to encourage “dwelling houses designed to provide solar access to open space areas” and “development designed to provide reasonable sunlight to adjacent properties.”

The prescriptive measures state that on “22 June, 50% of the required principal private open space should receive 3 hours of unobstructed sunlight between 9am and 3pm.” The prescriptive measures also state that on “22 June, 50% of the required principal open space of an adjoining property should receive 3 hours of unobstructed sunlight between 9am and 3pm.”

An objection raises concerns that the design and orientation of the proposed dwelling house would cause significant overshadowing of the adjacent property, No. 9 Mary Street.

An assessment of the shadow diagrams has confirmed that the shadows cast at 9am, 12 noon and 3pm on 22 June (the winter solstice) would provide more than 50% sunlight access to the principal private open space on the site and on the neighbouring principal private open space for more than 6 hours.

The proposal meets the desired outcomes of Part 3.1.5 Sunlight Access of the HDCP and is considered acceptable.

3.5 Design Details

The desired outcomes of Part 3.1.8 Design Details of the HDCP is to encourage “Development compatible with a low density residential environment that complements the zone objectives”.

Objections have been received raising concerns that the development would result in a loss of views to Chilworth Reserve from adjacent properties No.8A and 10A Welham Street.

Sections 3.1.8.(g) and (h) of the HDCP outline the prescriptive measures for view sharing. In assessing this objection, it is noted that there is no significant or iconic view from adjacent properties that would be impacted by the development.

Views of the surrounding residential area are characterised by glimpses of dwelling houses and outbuildings of varying designs and heights, interspersed with well-established trees and landscaped areas including the nearby Chilworth Reserve.

Whilst the proposal would be visible from the adjacent properties Nos. 8A and 10A Welham Street, views to, and from, these properties are considered to be neither significant or iconic.

The proposal meets the desired outcomes of Part 3.1.8 Design Details of the HDCP and is considered acceptable.

3.6 Heritage

The desired outcome of Part 9.3.1 General Design Provisions of the HDCP is to encourage “Development that complements and is sympathetic to the existing character of the conservation area and the elements that are significant to that character”.

An objection comments that the two storey dwelling house would be out of character with surrounding heritage items.

Council’s heritage assessment has determined that the design and siting of the proposal on a battle-axe allotment would have no detrimental impacts on the heritage qualities of the streetscape and would complement the surrounding development in terms of bulk, scale, height, roof form, materials and finishes. The surrounding area is characterised by a mix of one and two storey dwelling houses. The development would be compliant with the relevant measures for heritage conservation areas prescribed within Part 9 of the HDCP.

The proposal meets the desired outcome of Part 9.3.1 General Design Provisions of the HDCP and is considered acceptable.

3.7 Hornsby Shire Council Section 94A Development Contributions Plan 2012 – 2021

The approved subdivision DA/1394/2008 paid $21,690.42 in Section 94 contributions for the subdivision of one allotment into two lots and as a consequence the subject application is exempt from Section 94A Contributions.

4. 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”.

4.1 Natural Environment

The desired outcomes of Part 3.1.3 Landscaping of the HDCP is to encourage “landscaping that integrates the built form with soft landscaping and retains and enhances tree canopy” and “development that retains existing landscape features.”

The prescriptive measures of the Landscaping element state that “The proposed building, ancillary structures, driveways, drainage and service trenches should be set back in accordance with AS 4970 for significant trees to be retained.”

An objection comments that the dwelling house should be relocated 6 metres rather than the proposed 3 metre setback to protect a nearby significant tree.

Council’s tree assessment notes that 3 trees (numbered T1, T2 and T3) may be impacted by the development are located at the rear of the site and on the adjoining property, No. 10A Welham Street.

This group of trees forms part of a mapped stand of remnant trees growing within part of a locally significant vegetation community (Blackbutt Gully Forest) and is within 50 metres of a mapped Critically Endangered Ecological Community (Blue Gum Shale Forest).

Tree T3, a Turpentine tree, (Syncarpia glomulifera) growing on the subject property and adjacent to the rear, southern boundary is a locally indigenous tree that satisfies Council’s criteria of an individually significant tree. As a consequence, this tree is to be retained, notwithstanding the notation on the site plan that it is to “be removed by owner prior to construction.”

Council’s assessment raises no objections to the proposal, subject to conditions requiring the implementation of appropriate tree sensitive construction techniques and the appointment of an arborist to oversee the construction of the dwelling house and to carry out remedial action to ensure the health and protection of these trees.

The proposal meets the desired outcomes of Part 3.1.3 Landscaping of the HDCP and is considered acceptable.

4.2 Built Environment

The development would have reasonable and acceptable impacts on the character and amenity of the surrounding built environment. The proposal is consistent with the established character of the area of detached dwellings on landscaped allotments.

4.3 Social and Economic Impacts

The proposal would have a minimal additional impact on the local economy and the local community. The dwelling house would provide a single residential occupancy with the scale and bulk enhancement which would generate a marginal increase in demand for local services.

5. SITE SUITABILITY

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

The site is capable of accommodating the proposed development. The scale of the proposed development is consistent with the capability of the site and is considered acceptable.

5.1 Bushfire Risk

The site is bushfire prone, with a calculated Bush Fire Attack Level (BAL) of BAL-29 and BAL-40. As a consequence, the application was referred to the NSW Rural Fire Service (RFS) for comment.

The classification of the proposed development as BAL-29 and BAL-40 restricts the available design and construction methods for the site. It should be noted that a BAL-29 AND BAL-40 classification restricts the building materials and construction techniques available, limiting the architectural design input for the proposed dwelling house.

The RFS has raised no objections to the proposal, subject to conditions.

6. PUBLIC PARTICIPATION

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

6.1 Community Consultation

The proposed development was placed on public exhibition and was notified to adjoining and nearby landowners between 12 and 26 November 2014 in accordance with the HDCP. During this period, Council received two submissions, one from the adjoining property owner and one from the Beecroft Cheltenham Civic Trust.

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

NOTIFICATION PLAN
• PROPERTIES NOTIFIED	2 SUBMISSIONS RECEIVED	PROPERTY SUBJECT OF DEVELOPMENT
ONE SUBMISSION RECEIVED OUT OF MAP RANGE

The submissions object to the development, generally on the following grounds:

· Structural integrity of retaining wall;

· Overshadowing and privacy impacts;

· Retaining wall and drainage issues;

· Proximity of development to a significant tree;

· Bulk and scale of dwelling;

· Property values;

· Loss of views;

· Heritage impacts;

· Height of dwelling;

· Heritage impacts; and

· Earthworks.

The merits of the matters raised in the submissions have been addressed in the body of the report apart from concerns about the retaining wall, conditions of consent for the subdivision and property values which are discussed below as follows:

6.1.1 Retaining Wall

An objection raises concerns that the retaining wall adjacent to the western side boundary was not approved as part of the consent for the subdivision which created the subject allotment. The submission also comments that the retaining wall appears to be unstable, causing flooding during severe rain storms.

As part of the determination of Subdivision Certificate SC/78/2013, Council’s engineering assessment concluded that the retaining wall is structurally sound and that the associated drainage works had been satisfactory completed. In the unlikely event that the retaining wall shows signs of failure, the matter would be subject to an investigation by Council and where necessary, actions implemented to ensure any defects are rectified.

Furthermore, to minimise any future drainage issues, a condition is recommended in Schedule 1 for an additional 600mm x 600mm square grated pit in the south-western corner of the lot, adjacent to the southern and western boundary retaining walls connecting directly to the on-site detention system.

6.1.2 DA Conditions for Subdivision

An objection raises concerns that the original conditions of consent for the subdivision approved under DA/1394/2008 have not been complied with, particularly regarding the establishment of landscaping, replacement tree planting and driveway landscaping.

A site inspection has revealed that, in accordance with the conditions of consent, four replacement trees, having a growth height up to 20 metres, have been planted within the front western boundary of No.7 Mary Street.

In regards to issues raised with landscaping along the driveway, a condition is recommended within Schedule 1 that landscaping be planted along the eastern side boundary above the retaining wall.

6.1.3 Property Values

An objection has been received raising concerns that approval of the development would have detrimental effects on property values in the area.

It should be noted that an assessment of this impact is not a matter for consideration under Section 79C of the Environmental Planning and Assessment Act, 1979.

7. THE PUBLIC INTEREST

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

CONCLUSION

The application proposes a two storey dwelling house.

The development 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 two submissions during the public notification period. The matters raised have been addressed in the body of the report and conditions are recommended to minimise disruption to residential amenity.

Having regard to the circumstances of the case, approval is recommended of the application.

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

1.View	Locality Map
2.View	Site Plan
3.View	Floor Plans
4.View	Elevations and Sections
5.View	Shadow Plans
6.View	Ridge Height Survey
7.View	Stormwater Plans

File Reference: DA/1335/2014

Document Number: D04532222

SCHEDULE 1

GENERAL CONDITIONS

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

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

1. Approved Plans and Supporting Documentation

Plan No.	Drawn by	Dated
Site plan, Ridge height survey, Elevations, Section A-A, Site analysis plan, Shadow diagrams, Ground & First floor plan, Sheet Nos 2 – 7 and 21 – 24 & 26 - 27, Rev G	Clarendon Homes	29.07.2014
Stormwater layout, Sheet 1-2, Job No. C5523-09152	Ibrahim stormwater consultants	24.10.2014

Document No.	Prepared by	Dated
BASIX Certificate No. 578285S	Frys Energywise	26 Sept 2014
Bushfire Assessment Report, Ref No.141185	Building Code & Bushfire Hazard Solutions Pty Ltd	16 July 2014

2. Removal of Existing Trees

No consent is granted for the removal of the Turpentine tree, (T3 - Syncarpia glomulifera) growing on the subject property and adjacent to the rear, southern boundary, as it is a locally indigenous tree that satisfies Council’s criteria of an individually significant tree. The removal of any trees requires separate approval in accordance with the Tree and Vegetation Chapter 1B.6 Hornsby Development Control Plan (HDCP).

3. Construction Certificate

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

REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

4. Building Code of Australia

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

5. Contract of Insurance (Residential Building Work)

6. 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.

7. Sydney Water – Quick Check

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

8. Design and Construction - Bushfire Attack Category

a) New construction on the western, northern and southern elevations must comply with Sections 3 and 8 (BAL 40) Australian Standard AS3959-2009 'Construction of buildings in bush fire-prone areas' and section A3.7 Addendum Appendix 3 of 'Planning for Bush Fire Protection'.

b) New construction on the eastern elevation must comply with Sections 3 and 7 (BAL 29) Australian Standard AS3959-2009 'Construction of buildings in bush fire-prone areas' and section A3.7 Addendum Appendix 3 of Planning for Bushfire Protection

c) Any new boundary fencing and gates must be non-combustible.

d) Landscaping to the site is to comply with the principles of Appendix 5 of 'Planning for Bush Fire Protection 2006'.

e) Water, electricity and gas are to comply with section 4.1.3 of 'Planning for Bush Fire Protection 2006' and the following requirements:

i) Where the rear or most distant part of the building is greater than 70 metres from the nearest hydrant, a new hydrant is required to be installed as per Australian Standard AS 2419.1– 2005 'Fire Hydrant Installations'. Locations of fire hydrants are to be delineated by blue pavement markers offset 150mm from the centre of the road. The direction of offset shall indicate on which side of the road the hydrant is located. Alternatively, an onsite 5,000 litre water supply shall be provided for fire fighting purposes.

ii) A 65mm metal Storz outlet with a gate or ball valve shall be provided.

iii) Above ground tanks are manufactured of concrete or metal and raised tanks are to have their stands protected. Plastic tanks shall not be used.

iv) Polycarbonate/plastic tanks shall be shielded from the impact of radiant heat and direct flame contact.

v) Underground tanks shall have an access hole of 200mm to allow tankers to refill direct from the tank.

vi) A hardened ground surface for truck access is to be supplied within 4 metres of the access hole.

vii) A minimum 5hp or 3kW petrol or diesel powered pump shall be made available to the water supply.

viii) An 'SWS' marker shall be obtained from the local NSW Rural Fire Service and positioned for ease of identification by brigade personnel and other users of the SWS.

ix) Markers must be fixed in a suitable location so as to be highly visible and Markers should be positioned adjacent to the most appropriate access for the static water supply.

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

9. Erection of Construction Sign

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

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

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

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

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

10. Toilet Facilities

11. Tree Protection

a) Tree protection fencing must be erected onsite around trees numbered T3 and T5.

b) The tree fencing must be constructed of 1.8 metre ‘cyclone chainmesh fence’ and be in accordance with Australian Standard Protection of Trees on Development Sites (AS 4970-2009), Section 4 Tree protection Measures.

c) Prior to works commencing and throughout construction, the area of TPZ (located on the property) of trees T3 & T5 is to be protected by the use of wood-chip mulch. Wood-chip mulch is to be installed at 150mm – 300mm depth on top of a geotextile landscape fabric and will be placed over the root zone of the trees. The mulch must use material that complies with AS 4454.

d) A certificate from the project arborist (AQF 5) must be submitted to the Principal Certifying Authority stating that all tree protection measures have been installed in accordance with the above and consistent with the intentions of the Australian Standard ‘Protection of Trees on Development Sites (AS 4970-2009) prior to commencement of works.

12. 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

13. Construction Work Hours

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

14. Project Arborist

a) A project arborist is to be appointed in accordance with AS 4970-2009 (1.4.4) to provide monitoring and certification throughout the development process.

b) The project arborist and site foreman must clearly identify and mark on site the 7 metre Tree Protection Zone of tree T3.

c) All site personnel must be informed of the position, and understand the requirements in this consent for the Tree Protection Zone (TPZ).

15. Works Near Trees

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

b) Existing soil grades within the nominated TPZ of tree T3 (7m) and of tree T5 (4m) must be maintained.

c) Consent is granted to undertake works within the nominated 7m Tree Protection Zone of tree T3 only.

16. Drilling/ Boring

a) The installation of any services within the nominated Tree Protection Zone must utilise the thrust boring method.

b) Thrust boring must be carried out so that ‘top of pipe’ is a minimum 700mm depth beneath existing ground level.

17. Excavation

Excavation for the installation of isolated pier or pier and beam construction within the nominated 7m Tree Protection Zone must be carried out by hand excavation only.

18. Pier and Beam Construction

a) Piers must be located at a distance greater than 100mm from any retained tree root regardless of diameter.

b) Excavations for piers must be located no closer than 5 metres to the trunk of tree T3.

c) Beams are to be placed so that the base of the beam is on or above the existing soil level.

19. Root Pruning

Where tree roots are required to be severed for the purposes of this consent, all pruning must be undertaken as specified in AS4970 – 2009 Sections 3.3.4, 4.5.4 and 4.5.5. A certificate must be submitted by the project arborist to the principal certifying authority detailing the methods used to perverse the tree.

20. Final Certification

a) Where works have been undertaken within the Tree Protection Zone of any tree to be retained, the project arborist must assess the condition of the tree(s) and the growing environment and make recommendations for, and carry out remedial actions, where necessary.

b) Following the final inspection and the completion of any remedial works, the project arborist must submit to the Principal Certifying Authority, documentation stating that the completed works have been carried out in compliance with the approved plans and specifications for tree protection in this consent and AS 4970-2009.

21. 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.

22. Disturbance of Existing Site

23. Survey Report – Finished Floor Level

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

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

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

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

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

24. Landscaping

Landscaping is to be provided along the entire eastern side boundary of the carriageway above the retaining wall.

25. Fulfilment of BASIX Commitments

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

26. Stormwater Drainage

a) Connection of roof areas to the on-site detention system via the proposed water harvesting overflow system, and connection of paved areas in the front setback directly to the on-site detention system,

b) Design and construction of an additional 600 mm x 600 mm square grated pit in the south-western corner of the lot, adjacent the southern and western boundary retaining walls, and direct connection to the existing on-site detention system.

27. Internal Driveway/Vehicular Areas

The driveway to the garage must be designed in accordance with Australian Standards 2890.1, 3727 and the following requirements:

a) The driveway must be a rigid pavement; and

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

28. Damage to Council Assets

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

29. Retaining Walls

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

30. 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.

- 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; and

· 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.

Dial Before You Dig

Asbestos Warning

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

Group Manager’s Report No. PL11/15

Planning Division

Date of Meeting: 11/02/2015

11 DEVELOPMENT APPLICATION - ALTERATIONS AND ADDITIONS TO A DWELLING-HOUSE AND ERECTION OF A SECONDARY DWELLING - 7 LYNE ROAD, CHELTENHAM

EXECUTIVE SUMMARY

DA No:	DA/996/2014 (Lodged 1 September 2014)
Description:	Alterations and additions to a dwelling house and the erection of a detached single storey secondary dwelling
Property:	Lot A, DP 323398, No.7 Lyne Road, Cheltenham
Applicant:	Ms Amy Oi Chu Poon
Owner:	Ms Amy Oi Chu Poon
Estimated Value:	$350,000
Ward:	C

· The application involves demolition of a carport, garage and detached shed and alterations and additions to a dwelling house and erection of a detached single storey secondary dwelling.

· The proposal generally complies with the requirements of the Hornsby Local Environmental Plan 2013, the Hornsby Development Control Plan 2013 and State Environmental Planning Policy (Affordable Rental Housing) 2009.

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

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

· It is recommended that the application be approved.

RECOMMENDATION

BACKGROUND

DA/996/2014 was lodged on 1 September 2014 and in response to issues raised in submissions received during the exhibition of the application, amended plans were requested to address concerns regarding the location and design of the secondary dwelling, scale, setbacks, privacy and stormwater disposal.

On 25 November 2014, amended plans were submitted relocating the secondary dwelling and reorientating the stormwater absorption trenches in accordance with Council’s Civil Works Specification.

On 12 December 2014, amended plans were submitted proposing:

· obscured glass for the windows serving the kitchen and pantry of the primary dwelling house;

· 1.8 metre height privacy screens along the north eastern elevation of the rear deck of the primary dwelling house and the deck of the secondary dwelling; and

· a reduction of the total floor area of the secondary dwelling to 60m².

On 24 December 2014, amended plans were submitted relocating the deck of the secondary dwelling to the north western façade, facing the primary dwelling house.

On 22 January 2015, further amended plans were submitted increasing the side setback of the garage to comply with the 900mm prescriptive measure of the Hornsby Development Control Plan 2013.

SITE

The irregular shaped, 972.3m² site is located on the south western side of Lyne Road, Cheltenham. The site contains a single storey, brick and tile dwelling house, an attached carport in the front yard and a free-standing shed in the rear yard.

The site experiences a 5 metre fall towards the rear, south-eastern corner.

The site is not bushfire or flood prone.

The site is not burdened by any easements or restrictions.

The site is located within the Beecroft-Cheltenham Heritage Conservation Area – Beecroft Plateau Precinct which is listed in Part 2, Schedule 5 (Environmental Heritage) of the Hornsby Local Environmental Plan (HLEP) 2013. The site is also located in the vicinity of two heritage listed items, namely ‘Edensor’, No. 203 Beecroft Road (Item No. 268) and the ‘Grounds of Cheltenham Recreation Club’, Nos.60-74 The Crescent (Item No.296).

PROPOSAL

The application proposes the demolition of a carport, garage and detached shed and the erection of single storey alterations and additions to the dwelling house.

The alterations and additions involve a major reconfiguration of the internal layout of the rooms including a kitchen/dining/living room, 3 bedrooms, laundry, bathroom, ensuite, study and rear deck.

An attached, double garage is also proposed within the front, north-western elevation of the primary dwelling house, accessed via an extended replacement driveway.

The application also proposes a detached, single storey secondary dwelling in the rear yard comprising 2 bedrooms, bathroom/laundry, kitchen and living/dining room opening to a deck.

No significant trees would be impacted by the development.

ASSESSMENT

The development application has been assessed having regard to ‘A Plan for Growing Sydney’, 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 A Plan for Growing Sydney and (Draft) North Subregional Strategy

The proposed development would be consistent with ‘A Plan for Growing Sydney’, by providing renewed and additional housing stock to support a growing population.

2. STATUTORY CONTROLS

2.1 Hornsby Shire Local Environmental Plan 1994

The subject land is zoned R2 – Low 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 low density residential environment.

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

The proposed development is defined as “dwelling house” and “secondary dwelling”.

Under the HLEP, a “dwelling house” is permissible in the zone with Council’s consent whilst a “secondary dwelling” is not permissible in the zone. Notwithstanding, a “secondary dwelling” is a permissible land use in the R2 – Low Density Residential zone pursuant to the provisions of the State Environmental Planning Policy (Affordable Rental Housing) 2009 (AHSEPP 2009).

Clause 4.3 of the HLEP prescribes that the maximum building height for development within the R2 – Low Density Residential zone is 8.5 metres. The proposed alterations and additions and secondary dwelling are single storey and the 7 metre maximum building height of the proposal is below the height requirement of the HLEP.

Clause 5.10 of the HLEP sets out heritage conservation provisions for Hornsby Shire which are applicable to development involving any modifications to the detail, fabric, finish or appearance of a building within a heritage conservation area.

In this instance, the site is located within the Beecroft-Cheltenham Heritage Conservation Area and is in the vicinity of 2 listed items. The application and potential impacts on the heritage significance of the HCA have been considered by Council’s Heritage Advisory Committee. The details of the heritage assessment are addressed in Section 2.5.6 of this report.

2.2 State Environmental Planning Policy (Affordable Rental Housing) 2009

The State Environmental Planning Policy (Affordable Rental Housing) 2009 was introduced by the NSW State Government to increase the supply and diversity of affordable rental and social housing across the State. The Policy covers housing types including villas, townhouses and apartments which contain an affordable rental housing component, along with secondary dwellings (also known as granny flats), new generation boarding houses, group homes, social housing and supportive accommodation.

The proposed secondary dwelling is assessed against the development standards for secondary dwellings in the Affordable Rental Housing SEPP, as outlined in the table below.

State Environmental Planning Policy (Affordable Rental Housing) 2009
Control	Proposal	Requirement	Complies
Site Area	972.3m²	450m² (min)	Yes
Maximum No. of Dwellings (Principal dwg plus secondary dwg)	2	2	Yes
Floor Area Principal Dwelling Secondary Dwelling Total Floor Area	238.93m² 60m² 298.93m²	320m² 60m² 380m²	Yes Yes Yes
Site Cover (all development)	30.8%	40%	Yes
Setbacks Primary Front Setback Side (south-western) Side (north-eastern) Rear	38m 900mm 6.0m 6.3m	6.5m 1.5m 1.5m 5m	Yes No Yes Yes
Height	5.7m	8.5m	Yes
Private Open Space	161.4m²& >6.3m	24m² & 4m wide	Yes
Landscaped area	44.3%	40%	Yes
Car Parking
Principal Dwelling	2 space(s)	2 spaces	Yes
Secondary Dwelling	Nil	No additional parking required	Yes

As indicated in the above table, the proposed secondary dwelling complies with the development standards under the SEPP other than the side setback from the south-western boundary. However, notwithstanding the non-compliance, the proposed secondary dwelling cannot be undertaken as complying development under the provisions of the Policy as the subject site is located within a heritage conservation area. The approval of secondary dwellings as complying development is excluded for heritage conservation areas for the purposes of the Policy and therefore, development consent is required.

The heritage implications of the proposal are addressed in Section 2.5.6 of this report. The non-compliance with the setback development standard is addressed below.

Setbacks

As the site has an area greater than 900m2, the SEPP requires that a minimum side boundary setback of 1.5 metres be provided for the secondary dwelling.

The proposed secondary dwelling would have a setback of 900mm from the south-western side of the property, which does not comply with the above requirement. In support of this variation, it is noted as follows:

· The boundary alignment immediately adjoins a 8.7 metre wide right-of-carriageway which provides access to two adjoining properties, namely Nos. 9 and 9A Lyne Road, Cheltenham. Accordingly, appropriate separation would be provided between the proposed structure and existing dwellings; and

· The proposed secondary dwelling would be a single storey structure and as a consequence, would have minimal amenity impacts on adjoining properties in terms of height, privacy or sunlight access.

The proposed secondary dwelling has been sited on the property to provide the maximum possible separation from the adjoining dwelling at No. 5 Lyne Road. Given these circumstances, the proposal is considered acceptable.

2.3 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005

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

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

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

2.5 Hornsby Development Control Plan

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

HDCP – Part 3.1 Dwelling Houses
Control	Proposal	Requirement	Complies
Building Height	7m for primary dwelling and 5.7m for secondary dwelling	8.5m (max.)	Yes
No. storeys	1 storey	max. 2 + attic	Yes
Site Coverage	31%	40%	Yes
Floor Area	298.9m²	430m²	Yes
Setbacks
- Front	8.9m for the existing study of the dwelling house and 11.3m for the proposed garage	An average of the adjoining properties’ setbacks if the established front setbacks along the street exceeds 7.6m	Yes
- Side (North)	900mm for the garage and rear addition and 6m for the secondary dwelling	900mm	Yes
- Side (Southern)	1.36m for the dwelling and 900mm for the secondary dwelling	900mm	Yes
- Rear	24m for the dwelling and 6.34m for the secondary dwelling	3m	Yes
Landscaped Area	44.3%	40%	Yes
Private Open Space - minimum area - minimum dimension	161m² 8.8m	24m² 3m	Yes Yes
Car Parking	2 spaces	2 spaces	Yes

As detailed in the above table, the proposal complies with the prescriptive requirements of Parts 1, 3 and 9 of the HDCP. A discussion on compliance with the relevant desired outcomes and issues raised in submissions is outlined below.

2.5.1 Scale

An objection raises concerns regarding the excessive bulk and scale of the proposal.

The desired outcome of Part 3.1.1 Scale of the HDCP is to encourage “development with a height, bulk and scale that is compatible with a low density residential environment.”

The existing 7 metre building height of the dwelling house and the proposed 5.7 metre building height of the secondary dwelling comply with the 8.5 metre prescriptive measure.

The height of the proposal would be in keeping with the height of surrounding residential development which is characterised by a blend of one and two storey dwelling houses typical, in terms of scale and design, with the inter-war and post-war eras.

The impact of the scale of the proposal is discussed in more detail below under the headings “Privacy” and “Solar Access.”

The proposal meets the desired outcomes of Part 3.1.1 Scale and is considered acceptable.

2.5.2 Setbacks

The desired outcomes of Part 3.1.2 Setbacks of the HDCP are to encourage “setbacks that are compatible with adjacent development and complement the streetscape” and “setbacks that allow for canopy trees to be retained and planted along the front and rear property boundaries.”

An objection raised concerns regarding the plans as originally submitted, which proposed a 400mm side boundary setback for the garage. This setback did not comply with the 900mm prescriptive measure for single storey development.

To address this objection, amended plans have been submitted relocating the garage to comply with the 900mm prescriptive measure.

The 900mm northern side setback of the deck at the rear of the dwelling house does not comply with the 1.5 metre prescriptive measure for structures over 4.5 metres in height. This deck includes a roof 5.5 metres in height.

The 1 metre encroachment is supported in this instance, given that the rear deck is a direct extension of the floor level of the single storey dwelling house. The rear deck is consistent with the character of the adjacent development at No. 5 Lyne Road which also has an elevated rear deck. Due to the orientation of the site and the location of the deck, it would not overshadow adjoining properties or impact on the streetscape.

The setbacks of the secondary dwelling from all site boundaries comply with the prescriptive measures of the HDCP.

The proposal meets the desired outcomes of Part 3.1.2 Setbacks of the HDCP and is considered acceptable.

2.5.3 Landscaping

Objections raise concerns regarding the impacts of the proposal on the shrubs growing along the north-eastern side boundary adjoining No. 5 Lyne Road and the lack of soft landscaped areas.

The desired outcomes of Part 3.1.3 Landscaping of the HDCP are to encourage “landscaping that integrates the built form with soft landscaping and retains and enhances tree canopy” and “development that retains existing landscape features.”

The prescriptive measures of Part 3.1.3 Landscaping state that “The proposed building, ancillary structures, driveways, drainage and service trenches should be set back in accordance with AS 4970 for significant trees to be retained.”

Council’s environmental assessment notes that the site comprises exotic species, shrubs and noxious weeds and that no significant tree or trees on the site or adjacent properties would be impacted by the proposed development.

There are a number of shrubs growing within the strip of land adjoining the north-eastern side boundary and adjacent to the existing garage and carport. These shrubs would be impacted by the proposed double garage and the alterations and additions to the north-eastern side of the dwelling house.

The applicant has submitted amended plans increasing the north eastern side setback of the garage from 400mm to 900mm to address the impacts on the residential amenity of the adjoining property at No. 5 Lyne Road. The amended side setback would mitigate the impacts on the shrubs by the building to a reasonable extent.

However, a drainage pipe is proposed to be located within the side setback. A submission suggests that the pipe should be relocated to below the garage to mitigate impacts on the shrubs. However, this would be inconsistent with engineering best practice to ensure that, where possible, services should be accessible for maintenance purposes. As the shrubs have not been assessed as significant, the relocation of the services is not considered justified in this instance.

In accordance with the relevant prescriptive requirements of the HDCP, 44% of the site is available for soft landscaping which complies with the 40% prescriptive measure.

The proposal meets the desired outcomes of Part 3.1.3 Landscaping of the HDCP and is considered acceptable.

2.5.4 Sunlight Access

Objections raise concerns regarding overshadowing from the proposed secondary dwelling over the adjoining property, No. 207 Beecroft Road, Cheltenham and overshadowing from the proposed double garage of the living areas of the adjacent premises, No.5 Lyne Road.

The desired outcomes of Part 3.1.5 Sunlight Access of the HDCP are to encourage “dwelling houses designed to provide solar access to open space areas” and “development designed to provide reasonable sunlight to adjacent properties.”

In assessing this impact, it is noted that the single storey height of the proposed alterations and additions and the secondary dwelling would have minimal sunlight access impacts.

Although no shadow diagrams were submitted, given the orientation of the allotments and the single storey height of the development, it is assessed that the adjoining properties would receive unobstructed sunlight over 50% of their respective rear yards for more than 3 hours between 9am and 3pm in accordance with the prescriptive measures.

In assessing the sunlight access impacts of the proposal on the dwelling house at No. 5 Lyne Road, it should be noted that the quality of sunlight access enjoyed by the internal living and entertaining areas of any adjoining dwelling house is not a prescribed requirement of the HDCP.

The proposal meets the desired outcomes of Part 3.1.5 Sunlight Access and is considered acceptable.

2.5.5 Privacy

Objections raise concerns regarding a loss of privacy for two adjoining properties namely, No 5 Lyne Road and No. 207 Beecroft Road, Cheltenham.

The desired outcome of Part 3.1.6 Privacy is to encourage “development that is designed to provide reasonable privacy to adjacent properties.”

The prescriptive measures of Part 3.1.6 Privacy require a privacy screen for a window if:

· “it is a window to a habitable room, other than a bedroom, that has a floor level of more than 1 metre above existing ground level;

· the window it setback less than 3 metres from a side or rear boundary; and

· the window has a sill height of less than 1.5 metres.”

The prescriptive measures of Part 3.1.6 Privacy also require that “decks and the like that need to be located more than 600mm above existing ground should not face a window of another habitable room, balcony or private open space of another dwelling located within 9 metres of the proposed deck unless appropriately screened.”

The objection received with respect to No. 5 Lyne Road raises concerns that 3 windows to serve the kitchen and pantry within the north-eastern elevation of the proposal would allow overlooking into the windows and private open space of the adjacent premises. The objection also notes that the proposed deck at the rear of the dwelling house would allow overlooking of the private open space and bathroom of the adjacent premises and that the deck within the north eastern elevation of the secondary dwelling would have unacceptable amenity impacts.

To address these issues, conditions are recommended requiring the 3 windows that serve the kitchen and pantry to be fitted with obscure glazing and the proposed 1.8 metre high privacy screens along the north-eastern elevation of the decks of the primary and secondary dwelling houses to incorporate vertical slats orientated to prevent a direct line of sight towards active use living rooms.

The objection received with respect to No. 207 Beecroft Road raises concerns regarding a loss of privacy due to the orientation of the windows serving the secondary dwelling toward the adjoining property’s principal private open space.

In assessing this objection, it is noted that the 2 windows within the south-western elevation of the secondary dwelling serve bedrooms only. Minimal impacts are anticipated in this regard given the non active use of these rooms and noting that the secondary dwelling is single storey in height and therefore, any line of sight would largely be mitigated by boundary fencing.

Subject to recommended conditions of consent, the proposal meets the desired outcomes of Part 3.1.6 Privacy of the HDCP and is considered acceptable.

2.5.6 Heritage

The subject site is within the Beecroft-Cheltenham Heritage Conservation Area (HCA) – Beecroft Plateau Precinct which is listed in Part 2, Schedule 5 (Environmental Heritage) of the HLEP 2013. The site is also located in the vicinity of two heritage listed items, namely ‘Edensor’, No. 203 Beecroft Road (Item No. 268) and the ‘Grounds of Cheltenham Recreation Club’, Nos. 60-74 The Crescent (Item No.296).

The desired outcomes of Part 9.3.1a General Design Provisions of the HDCP is to encourage development in a heritage conservation area “that complements the existing character of the conservation area and the elements that are significant to that character”.

Council’s heritage assessment notes that the additions and alterations are single storey, complementing the single storey scale and form of the existing dwelling. The roof additions visible to the street match the hipped design and ridge height of the existing dwelling. The proposed garage, although located in the front of the dwelling, is sited below the main roof, and has a roof form and height sympathetic to the style of the existing dwelling, which is considered to reduce its impact on the streetscape.

The proposed setbacks are compatible with the predominant setback in the street, including those of immediately adjoining buildings to the east and west of the site. Accordingly, the assessment raises no objections on heritage grounds, subject to conditions with respect to screen planting, the colour scheme for the garage doors and driveway, the use of wheel strips and retention of the face brickwork of the existing dwelling.

An objection raises concerns regarding the proposed “Colorbond” roof for the secondary dwelling, noting that its lightweight appearance would be inconsistent with the architectural style of the surrounding Heritage Conservation Area.

Council’s heritage assessment notes that the secondary dwelling would be screened by the primary dwelling house and would not be visible from the street level. Accordingly, no objections are raised to the use of the “Colorbond” roofing as it would not have adverse impacts on the streetscape and would not diminish the heritage characteristics of the surrounding Heritage Conservation Area.

Given the retention of the existing dwelling, sympathetic design of the alterations and additions and the screened location of the secondary dwelling, the proposal would have minimal impacts on the heritage values of the nearby listed items.

The proposal meets the desired outcomes of Part 9.3.1 General Design Provisions and is considered acceptable.

2.5.7 Noise and Vibration

An objection raises concerns regarding a loss of acoustic amenity for the adjoining properties due to the increase in the number of residential occupancies on the site.

The generation of noise associated with the day-to-day activities in a dwelling house is not a matter for consideration under this assessment pursuant to Section 79C of the Environmental Planning Assessment Act, 1979 and a residential occupancy is not considered to be a noise generating development in accordance with the definition under Part 1C. 2.5 Noise and Vibration of the HDCP.

A condition of consent is recommended with respect to hours of work during construction.

2.5.8 Drainage Control

An objection raises concerns regarding the proposed location of the stormwater absorption trenches over the Sydney Water sewer main and the lack of detail in the information submitted for the proposed stormwater drainage system. A further submission raises concerns over the absence of geotechnical assessment with respect to the ability of the soils to accommodate the absorption trench system.

The desired outcomes of Part 1C.1.2 Stormwater Management of the HDCP is to encourage “development that protects waterways from erosion, pollution and sedimentation, and maintains or improves water quality and aquatic habitats.”

The prescriptive measures of Part 1C.1.2 Stormwater Management of the HDCP require “an onsite stormwater management system for all development involving external works.”

As the site does not fall to the street and noting that an easement to drain water is not available, the application proposed an onsite absorption system which would have the capacity to disperse stormwater run-off collected over the roof and impervious area of the development.

Following an initial assessment, amended plans were submitted relocating the secondary dwelling a further 5.4 metres towards the front of the site together with details of the stormwater dispersal trench system.

Council’s engineering assessment of these amended plans has determined that they address the requirements of Council’s Civil Works Specification and that a geotechnical assessment is not warranted given the moderate scale of the development which complies with the Scale provisions of the HDCP.

With respect to the proposed location of the dispersal trenches above the Sydney Water sewer main, it is noted that a typical sewer main in a common urban context is a minimum of 1 to 1.5 metres below ground level and this depth would be adequate to ensure the proper functioning of the dispersal trenches in accordance with Council’s Civil Works Specification and without impacting on the functioning of the sewer main.

The proposal meets the desired outcomes of Part 1C.1.2 Stormwater Management of the HDCP and is considered acceptable.

2.5.9 Demolition

An objection raises concerns regarding the removal of asbestos during the demolition of structures on the site. To address this issue, a condition is recommended requiring demolition works to be undertaken by a licensed contractor and in compliance with the relevant Australian Standard.

3. ENVIRONMENTAL IMPACTS

3.1 Natural Environment

The proposed development does not require the removal of any significant trees and would have minimal impacts on the natural environment.

3.2 Built Environment

The proposal would be in keeping with the low density residential character of surrounding development. The proposal includes the retention of the existing dwelling house on the site with sympathetic single storey alterations and additions.

Pursuant to the provisions of the SEPP (Affordable Rental Housing) 2009, the provision of car parking spaces for the secondary dwelling is not a compulsory requirement. Lyne Road is a local road within a low density residential area and experiences small volumes of infrequent traffic movement.

Due to the floor area constraint and the limited number of occupants accommodated by the secondary dwelling, additional traffic impacts from the development would be minimal. There is adequate on and off-street car parking space available and traffic movements entering and exiting the property would be within reasonable limits.

The proposal would have acceptable impacts on the built environment and is considered acceptable.

3.3 Social Impacts

The proposed development incorporating a secondary dwelling is a form of development encouraged by the NSW Government to assist address housing affordability and the State’s growing housing shortage by providing a form of rental housing stock.

The introduction of new residents into the locality would also strengthen the local community as the new residents would add the new set of skills and interests enhancing the cultural diversity of the local community.

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 subject site is not bushfire prone or flood prone. 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 15 September 2014 and 1 October 2014 in accordance with Part 1B.5.2. Notification and Exhibition of the HDCP. During this period, Council received 2 submissions. The map below illustrates the location of those nearby landowners who made a submission.

NOTIFICATION PLAN

• PROPERTIES NOTIFIED

X SUBMISSIONS

RECEIVED

PROPERTY SUBJECT OF DEVELOPMENT

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

· Overshadowing and loss of privacy of adjoining properties at No.5 Lyne Road and No. 207 Beecroft Road Cheltenham;

· Excessive noise from activities from the addition of a secondary domicile;

· Detrimental impacts on shrubs growing near the northern side boundary of the subject site, within the adjoining property at No. 5 Lyne Road;

· Unacceptable visual impacts on the streetscape and loss of residential amenity to due to the narrow (400mm) northern side setback of the double garage; and

· Unacceptable visual impacts from the secondary dwelling due to the use of “Colorbond” and lightweight material which are not in keeping with the heritage character of the surrounding area.

The objections also noted:

· Lack of clarity for the future use of the existing fibro shed and the battle axe handle serving the adjoining properties to the rear;

· The possible “unauthorised” entry from the adjacent right-of-carriageway serving the battle axe properties No.s 9 and 9a Lyne Road to access the secondary dwelling;

· Dangers associated with the unmanaged removal of asbestos;

· Lack of integrity and detail for the information submitted for the proposed stormwater drainage system;

· Lack of accuracy for the survey information submitted;

· Possible failure of the proposed stormwater drainage system as it crosses over the Sydney Water sewer main;

· Lack of soft landscaped area not in keeping with the character of the surrounding area; and

· Development that is excessive in bulk and scale.

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

· Lack of clarity for the future use of the existing fibro shed;

· Whether there is a legal entitlement to use of the battle axe handle serving the adjoining properties 9 and 9a Lyne Road for access to the secondary dwelling; and

· Lack of accuracy for the survey information submitted.

In addressing these additional concerns, it is noted that:

· the fibro shed would be demolished

· the application proposes that access for the secondary dwelling would be from the street and within the boundaries of the subject property; and

· the plans submitted were sufficient in terms of dimensions and details to enable a full and proper assessment to be made.

6. THE PUBLIC INTEREST

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

CONCLUSION

The application proposes the demolition of a detached shed and a carport, single storey alterations and additions to the existing dwelling house and the erection of a detached single storey secondary dwelling.

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.

Having regard to the circumstances of the case, approval of the application is recommended.

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

1.View	Locality Map
2.View	Architectural Plans
3.View	Amended Floor Plans
4.View	Stormwater Plans

File Reference: DA/996/2014

Document Number: D04607624

SCHEDULE 1

GENERAL CONDITIONS

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

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

1. Approved Plans and Supporting Documentation

Plan No.	Drawn by	Dated
DA 01 to DA 05 (8 sheets)	Vienna Design Pty Ltd	January 2015
DA 06 to DA 08 (3 Sheets)	Vienna Design Pty Ltd	23 December 2014
12067 D1 to D4 (4 sheets)	EZE Hydraulic Engineers	9 December 2014

Document No.	Prepared by	Dated
BASIX Certificate –A196137	Baxbury Consultancy	6 August 2014

2. Amendment of Plans

a) The Stormwater management plans by EZE Hydraulic Engineers dated 9 December 2014 are to be amended to be consistent with the approved location of the secondary dwelling shown on the architectural plans by Vienna Design PTY Ltd.

b) To maintain the character of the Beecroft/Cheltenham Heritage Conservation Area, the following amendments are to be made on the approved plans:

i) The existing colour and texture of the exterior bricks are to be retained and matched bricks are to be used for the additions;

ii) The “New Garage Rolling Door” must be replaced by a two doors incorporating a central column;

iii) The garage doors should be dark toned in colour;

iv) To soften the additional hard stand area of the driveway, wheel strips are to be provided for at least the first 6 metres of the driveway as measured from the front boundary.

v) The hardstand area of driveway in front of the garage must be of a dark or recessive colour/material.

These amendments are to be shown on the plans submitted with the application for the construction certificate.

3. Removal of Existing Trees

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	$245.60
Open Space and Recreation	$8,324.70
Community Facilities	$1,160.90
Plan Preparation and Administration	$34.90
TOTAL	$9,766.10

being for the erection of a secondary dwelling.

b) The value of this contribution is current as at 15 January 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.

c) The monetary contributions shall be paid to Council:

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

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

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

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

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

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

REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

6. Building Code of Australia

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

7. Contract of Insurance (Residential Building Work)

8. Notification of Home Building Act 1989 Requirements

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

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

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

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

i) The name of the owner-builder; and

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

9. Sydney Water – Quick Check

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

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

10. 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.

11. Toilet Facilities

12. 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

13. Construction Work Hours

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

14. Demolition

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

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

15. Council Property

16. Disturbance of Existing Site

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.

17. Fulfilment of BASIX Commitments

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

18. Stormwater Drainage

The stormwater drainage system for the development must be designed and constructed for an average recurrence interval of 20 years, be generally in accordance with plans prepared by EZE Hydraulic Engineers job No 12067 issue C and be gravity drained in accordance with the following requirements:

a) Roof and collected surface water must be disposed of in accordance with Council’s design specification; “On Site Absorption System”;

b) The trench must be located a minimum of 5 metres from any downstream properties and 1 metre from the side boundaries;

c) The trenches must be laid on contour;

d) The trench must be a minimum of 0.6 metres wide, 0.6 metres deep and 1 metre long for every 25 square metres of impervious area; and

e) The design and location of the trench must ensure that the overland flow from the trench is spread evenly over the site so as not to discharge water in a concentrated manner onto adjoining lands.

19. Internal Driveway

The driveway and parking areas on site must be designed in accordance with Australian Standards 2890.1, 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 consisting of 2 x 600mm wide concrete strips for the first 6 metres from the property boundary.

c) The remainder of the driveway is to be a minimum of 3metres wide;

d) The driveway pavement must be 0.15 metres thick reinforced concrete with F72 steel reinforcing fabric and a 0.15 metre sub-base;

20. Damage to Council Assets

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

21. Installation of Privacy Devices

To establish and maintain a reasonable level of privacy towards the adjoining property No. 5 Lyne Road Cheltenham:

a) Fixed frosted glazing is to be installed in the 3 windows W5, W6 and W7 serving the kitchen and the pantry of the primary dwelling;

b) 1.8 metre high privacy screens are to be erected within the north-eastern elevations of the deck at the rear of the primary dwelling and the deck of the secondary dwelling;

c) These privacy screens are to incorporate vertical slats orientated in such a way as to restrict a direct line of sight towards active use living rooms.

- 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; and

· 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.

Dial Before You Dig

Asbestos Warning

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

Group Manager’s Report No. PL8/15

Planning Division

Date of Meeting: 11/02/2015

12 DEVELOPMENT APPLICATION - ALTERATIONS AND ADDITIONS TO A DWELLING-HOUSE - 3 TALLOWWOOD AVENUE, CHERRYBROOK

EXECUTIVE SUMMARY

DA No:	DA/1166/2014 (Lodged 30 September 2014)
Description:	Alterations and additions to a dwelling house and construction of a swimming pool
Property:	Lot 2009, DP 260332, No. 3 Tallowwood Avenue, Cherrybrook
Applicant:	Mr Daniel Kenneth Welsh
Owners:	Mr Daniel Kenneth Welsh and Mrs Jacqueline Adele Welsh
Estimated Value:	$235,400
Ward:	B

· The application is for the demolition of a carport, shed and deck and the erection of alterations and additions to a dwelling house including the construction of a swimming pool and two detached garages.

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

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

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

· It is recommended that the application be approved.

RECOMMENDATION

SITE

The irregular shaped, 1,053m² battle-axe allotment is located on the southern side of Tallowwood Avenue, Cherrybrook and contains a single storey dwelling house and detached carport.

The site adjoins seven properties, namely Nos. 1, 5, 7 and 9 Tallowwood Avenue, No. 23 Macquarie Road and Nos. 9 and 11 Holly Road, Cherrybrook.

The site experiences a 10% gradient towards Tallowwood Avenue.

The site is not bushfire prone and is not flood prone.

The site is burdened by an easement for drainage along the accessway that adjoins the eastern side boundary.

The site is not a heritage item, is not located within a heritage conservation area and is not in the vicinity of heritage items.

PROPOSAL

The application proposes the demolition of a carport, shed and deck and the erection of alterations and additions to the existing dwelling house, two detached garages and an above-ground swimming pool with a covered deck.

The alterations and additions include:

· Reconfiguration of the ground floor to incorporate a combined kitchen, dining and rumpus area, bathroom, laundry, lounge room, bedroom, ensuite and walk-in-robe;

· First floor addition comprising 3 bedrooms, corridor and bathroom;

· Row of skylights within the roof of the dwelling house and the installation of solar panels to heat the swimming pool.

The deck adjacent to the northern elevation of the dwelling house would be covered by a polycarbonate roof awning.

Both garages would be of brick construction with metal roofing.

The swimming pool would be an above-ground structure surrounded by a timber deck.

Four trees would be impacted by the proposed development.

ASSESSMENT

1. STRATEGIC CONTEXT

1.1 A Plan for Growing Sydney and (Draft) North Subregional Strategy

The proposed development would be consistent with ‘A Plan for Growing Sydney’, by providing renewed housing stock to support a growing population.

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 – Low Density Residential zone are:

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

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

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

Clause 4.3 Height of Buildings prescribes a maximum 8.5 metre height limit for any on the site. The proposed 7.2 metre maximum height of the dwelling house meets the above requirement and satisfies Clause 4.3.

2.2 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.

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

2.4 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008

SEPP (Exempt and Complying Development Codes) 2008 aims to provide streamlined assessment processes for development that complies with specified development standards by providing exempt and complying development codes that have State-wide application and identifying types of complying development that may be carried out in accordance with a complying development certificate.

The proposed development has been considered having regard to the relevant requirements of the SEPP as prescribed under Part 3 General Housing Code.

The proposal cannot be defined as “complying development”, as it does not comply with the setback requirements under the SEPP. The 940mm southern side boundary setback of the single space garage and the 642mm northern side boundary of the double garage do not comply with the 1.5 metre side setback requirement of the SEPP, as applied to residential allotments over 900m² in area. Further, the 10.22 metre western rear boundary setback of the first floor addition does not comply with the 12 metre rear setback requirement.

Apart from the above mentioned non-compliances with the setback requirements for a complying development, the proposal satisfactorily meets the requirements in all other aspects of the NSW Housing Code.

2.5 Hornsby Development Control Plan

The proposed development has been assessed having regard to the relevant performance and prescriptive requirements within Part 1 and 3 of the Hornsby Development Control Plan (HDCP). The following table sets out the proposal’s compliance with the prescriptive requirements of the Plan:

HDCP – Part 3.1 Dwelling Houses
Control		Proposal		Requirement	Complies
Building Height		Maximum 7.2m for the dwelling house		8.5m	Yes
No. storeys		2		max. 2 + attic	Yes
Site Coverage		26%		40%	Yes
Floor Area		292.9m²		430m²	Yes
Setbacks
Side (Northern boundary)	Ground floor		642mm (double garage)	900mm	No
	First floor		5.45m (dwelling house)	1.5m	Yes
Front (Eastern boundary)	Ground floor		3m (single garage)	900mm	Yes
	First floor		10m (first floor addition to dwelling house)	1.5m	Yes
Side (Southern boundary)	Ground floor		940mm (single garage)	900mm	Yes
	First floor		1.4m (first floor addition to dwelling house)	1.5m	No
Rear (Western boundary)	Ground floor		10.22m (dwelling house)	3m	Yes
	First floor		10.22m (first floor addition to dwelling house)	8m	Yes
Landscaped Area (% of lot size)			42%	40%	Yes
Private Open Space - minimum area - minimum dimension			222m² 10.22m	24m² 3m	Yes Yes
Car Parking			3 spaces	2 spaces	Yes

As detailed in the above table, the proposal does not comply with the setback prescriptive measures within Parts 1 and 3 of the HDCP. This matter is addressed below, together with a discussion on compliance with the relevant desired outcomes and issues that have been raised within objections received by Council regarding the development.

2.5.1 Scale

A submission raises concerns regarding the bulk and scale of the development.

The desired outcome of Part 3.1.1 Scale of the HDCP is to encourage “development with a height, bulk and scale that is compatible with a low density residential environment.”

The 7.2 metre maximum building height of the dwelling house complies with the 8.5 metre prescriptive measure.

The proposed two storey dwelling house would be consistent in terms of bulk and scale with the surrounding two-storey development and the sunlight and privacy impacts in relation to adjoining properties would be within reasonable limits. These impacts are further discussed below under the headings 2.5.4 Solar Access and 2.5.5 Privacy.

The 292.9m² maximum floor area of the proposal complies with the 430m² prescriptive measure in relation to the 958m² allotment size.

The 26% site coverage of the proposal complies with the 40% prescriptive measure in relation to the 958m² allotment size.

The proposal meets the desired outcomes of Part 3.1.1 Scale of the HDCP and is considered acceptable.

2.5.2 Setbacks

A submission comments that the proposal would be inconsistent with residential development patterns in the vicinity and would result in a loss of residential amenity in relation to the adjacent premises, No.9 Holly Road, Cherrybrook. The submission also notes that the southern boundary of the subject site (being the common alignment between the respective premises) should be designated as the “rear” rather than the “side” boundary and that the proposal should therefore maintain a minimum 8 metre setback.

The desired outcomes of Part 3.1.2 Setbacks of the HDCP encourage “setbacks that are compatible with adjacent development and complement the streetscape” and “setbacks that allow for canopy trees to be retained and planted along the front and rear property boundaries.”

The subject battle-axe site comprises an irregular shaped, rectangular allotment with an accessway to Tallowwood Avenue. Applying the concept for a corner allotment, the shorter alignments (eastern and western) are considered to be the front and rear boundaries and the longer alignments (northern and southern) are considered to be the front and rear boundaries respectively. To confirm these alignments, it is noted as follows:

· The existing dwelling house is located at setbacks of 7.5 metres to 1.4 metres from the southern (side) boundary.

· The principal private open space area of 222m² is located on the western (rear) side of the subject site.

· The northern (side) boundary setback, which varies between 6.4 and 11 metres, maximises solar access to the active use rooms of the subject property.

· The eastern side of the site is considered to be the “front” setback, as it incorporates landscaping and paved areas commensurate with its use for vehicular access and parking.

Accordingly, the proposal meets the desired outcomes of Part 3.1.2 Setbacks of the HDCP and is considered acceptable.

The details for the consideration of the application in relation to the setback requirements of NSW Housing Code as mentioned in Section 2.4 of this report are as follows:

Double Garage

The proposed 642mm northern side setback of the double garage does not comply with the 900mm side setback prescriptive measure.

The double garage is a single storey structure that would replace the existing double carport which is currently in the same location. The garage would not overshadow adjoining properties, impact on the privacy of the adjacent development, or compromise the streetscape given its location on a battle-axe allotment.

Single Garage

The 940mm southern side boundary setback of the single space garage does not comply with the 1.5 metre side setback requirement of the SEPP, as applied to residential sites over 900m² in area.

A similar sized outbuilding such as a carport or a garden shed could be built as an “exempt development”, if the proposal meets the 900mm setback requirement of the SEPP. Therefore, the 940mm side setback of the garage satisfies the requirements for a residential outbuilding and the compliance with more stringent requirements of the complying development would be unreasonable and unnecessary.

First Floor Addition

The 10.22 metre western rear boundary setback of the first floor addition does not comply with the 12 metre rear setback requirement of the SEPP.

The setback of the first floor addition is in keeping with the rear setback of the existing dwelling house over which the addition is proposed. The linear design of the proposed development and its unique skillion roof design would not be achieved if a request for the setback to 12 metres is made. The proposed development is a contemporary design which is consistent with the surrounding residential development.

2.5.3 Landscaping

A submission raises concerns regarding the loss of vegetation that would adversely impact on the local birdlife.

The prescriptive measures state that “The proposed building, ancillary structures, driveways, drainage and service trenches should be set back in accordance with AS 4970 for significant trees to be retained.”

Council’s environmental assessment notes that 4 trees including 3 trees on 2 of the adjoining properties would be impacted by the development as follows:

· Tree 8 (growing within the subject property);

· Trees 1 and 2 growing on the adjoining property 5 Tallowwood Avenue; and

· Tree 9 growing on No. 9 Holly Road.

The environmental assessment raises no objections to the removal of Tree 8 as it is determined not to be significant. It also notes that the proposed building encroachments into the tree protection zones of Trees 1, 2 and 9 would not impact on the longevity of the trees, subject to the implementation of sensitive construction methods. It is also recommended that replacement planting of three indigenous trees such as Syncarpia glomulifera (Turpentine), Allocasuarina littoralis (Black She Oak), Allocasuarina torulosa (Forest Oak) are to be provided on the subject site in the setback between the dwelling and the boundary with No. 9 Holly Road.

The proposal meets the desired outcomes of Part 3.1.3 Landscaping of the HDCP and is considered acceptable.

2.5.4 Sunlight Access

A submission comments that the proposed development would result in the loss of sunlight for the principal private open space and the living areas of the dwelling house within the adjoining property at No. 9 Holly Road, Cherrybrook.

The shadow diagrams demonstrate that the principal private open spaces of the subject site and the adjoining properties to the south at No. 9 and 11 Holly Road, Cherrybrook would receive unobstructed sunlight over 50% of their respective principal private open spaces for more than 3 hours between 9am and 3pm on 22 June (the winter solstice).

The shadow diagrams also demonstrate that the extent of overshadowing from the development on 22 June would not encroach into the buildings of these adjacent properties.

The proposal meets the desired outcomes of Part 3.1.5 Sunlight Access and is considered acceptable.

2.5.5 Privacy

A submission raises concerns regarding the loss of privacy from the 3 windows on the southern elevation of the first floor addition overlooking the living areas and principal private open space of the adjoining property at No.9 Holly Road.

The desired outcome of Part 3.1.6 Privacy of the HDCP is to encourage “development that is designed to provide reasonable privacy to adjacent properties.”

The first floor of the proposal comprises 3 bedrooms, a bathroom and a corridor (for access to these rooms) along the southern elevation. The use and configuration of these non-active use rooms complies with the prescriptive measures which states that “living and entertaining areas of dwelling houses should be located on the ground floor only and be orientated towards the private open space of the dwelling house and not the side boundaries.”

The 3 windows within the southern elevation of the first floor addition facing No. 9 Holly Road are to provide indirect light to the corridor. The glazing within each of these windows would not exceed 200mm in width and would not allow sustained overlooking of the private open space or living rooms of the adjacent property.

The remaining first floor level windows (northern elevation only) serve the bedrooms, bathroom and stairwell in compliance with the prescriptive measures.

The proposal meets the desired outcomes of Part 3.1.6 Privacy and is considered acceptable.

2.5.6 Vehicle Access and Parking

The desired outcome of Part 3.1.7 Vehicle Access and Parking of the HDCP is to encourage “development that provides sufficient and convenient parking for residents with vehicular access that is simple, safe and direct.”

The proposal incorporates three covered car spaces and a vehicle turning area in compliance with the prescriptive measures of Part 1C.2.1 Transport and Parking.

2.5.7 Design Details

A submission raises concerns regarding the inadequate articulation of the first floor addition, insensitive choice of materials, unsympathetic design and lack of fenestration within the southern elevation. The submission also notes that the proposed design would not be compatible with surrounding residential development.

The desired outcome of Part 3.1.8 Design Details of the HDCP encourages development “compatible with a low density residential environment that complements the zone objectives.”

In support of the proposed first floor addition, it is noted as follows:

· The irregular shape of the allotment and the location of the dwelling house thereon has limitations in terms of an available building footprint to accommodate alterations and additions;

· The incorporation of articulation detail within the first floor component would require the reconstruction of the ground floor level external walls. This would be an unreasonable and unjustified request;

· In relation to the fenestration within the southern elevation, it is noted that the number of windows has been minimised to reduce heat loss during winter and to minimise privacy impacts; and

· The design of the proposal is not inconsistent in terms of style and materials with the supporting structure and surrounding residential development.

The objection also raises concerns regarding loss of views from the living areas of the adjacent property, No. 9 Holly Road.

The prescriptive measures of Part 3.1.8 Design Details of the HDCP states that “Development should allow for the reasonable sharing of significant views, including water views and iconic views, in particular:

· Views from front and rear boundaries whilst in a standing position, and

· Views from living and entertaining areas (including kitchens).”

In assessing this objection, it is noted that views of the surrounding residential area are typified by glimpses of dwelling houses interspersed with trees, landscaping and boundary fences. There are no views to, or from, dwelling houses in the area that are considered as being either significant or iconic.

The proposal meets the desired outcomes of Part 3.1.8 Design Details and is considered acceptable.

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

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

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

The application has been assessed against the requirements of State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004. The proposal includes BASIX Certificate No. A198050 for alterations and additions and is considered to be satisfactory with respect to SEPP BASIX.

3. ENVIRONMENTAL IMPACTS

3.1 Natural Environment

The proposal would require the removal of a tree on the subject site which is not considered to be significant and would, subject to sensitive construction techniques being implemented; have reasonable impacts on the tree protection zones of 3 trees growing on adjoining properties.

3.2 Built Environment

The surrounding area is characterised by detached dwelling houses on large allotments. The proposal would be consistent with the established built form character and would have reasonable and acceptable impacts on the character and amenity of surrounding built environment.

3.3 Social and Economic Impacts

The proposal would be consistent with the established character of the low density area and would have a minimal additional impact on the local economy and the local community. The dwelling house would remain as a single residential occupancy with the scale and bulk enhancement which would generate a marginal 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”.

5. PUBLIC PARTICIPATION

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

5.1 Community Consultation

The proposed development was placed on public exhibition and was notified to adjoining and nearby landowners between 7 October and 22 October 2014, in accordance with Part 1B.5 Notification and Exhibition of the HDCP. During this period, Council received 2 submissions. The map below illustrates the location of those nearby landowners who made a submission.

Untitled

NOTIFICATION PLAN

• PROPERTIES NOTIFIED

X SUBMISSIONS

RECEIVED

PROPERTY SUBJECT OF DEVELOPMENT

Two submissions were received objecting to the development, generally on the grounds that the development would result in:

· Loss of views from the living area of the adjoining property, No. 9 Holly Road;

· Loss of privacy from the first floor windows on the southern elevation;

· Inadequate setback of the dwelling house from the southern boundary;

· Overshadowing of adjoining properties;

· Unsympathetic design that would not be in keeping with surrounding residential development;

· Removal of, or adverse impacts on, the local vegetation growing within the subject site and adjoining properties;

· Development that is excessive in bulk and scale; and

· Loss of property values of the adjoining properties.

The merits of the matters raised in these community submissions have been addressed in the body of the report apart from the submission that approval of the development would result in a loss of a property values.

In addressing this issue, it should be noted that impacts on property values are not matters for assessment pursuant to the heads of consideration listed under Section 79C of the Environmental Planning and Assessment Act, 1979.

6. THE PUBLIC INTEREST

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

CONCLUSION

The application proposes the demolition of a carport and the erection of alteration and additions to a dwelling house, a swimming pool and two detached garages.

Council received two submissions during the public notification period.

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

Conditions are recommended to minimise disruption to residential amenity.

Having regard to the circumstances of the case, approval of the application is recommended.

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 Acting Manager – Development Assessments – Philip Vergison, who can be contacted on 9847 6875.

Philip Vergison

Acting Manager - Development Assessment

Planning Division

James Farrington

Group Manager

Planning Division

1.View	Locality Map
2.View	Floor Plans
3.View	Architectural Plans

File Reference: DA/1166/2014

Document Number: D04531995

SCHEDULE 1

GENERAL CONDITIONS

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

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

1. Approved Plans and Supporting Documentation

Plan No.	Drawn by	Dated
DA 00 – B to DA 11 –B (12 sheets)	Maccormick and Associates Architects	27/11/2014

Document No.	Prepared by	Dated
Site Tree Location Plan	Hornsby Shire Council	29/10/2014

2. Removal of Existing Tree

This consent only permits the removal of Tree 8 as indicated on the Site Tree Location Plan prepared by Hornsby Shire Council dated 29/10/2014. The removal of any other trees requires separate approval in accordance with the Tree and Vegetation Chapter 1B.6 Hornsby Development Control Plan (HDCP).

3. Construction Certificate

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

4. Section 94A Development Contributions

a) In accordance with Section 80A(1) of the Environmental Planning and Assessment Act 1979 and the Hornsby Shire Council Section 94A Development Contributions Plan 2012-2021, $2,354.00 shall be paid to Council to cater for the increased demand for community infrastructure resulting from the development, based on development costs of $235,400.

b) The value of this contribution is current as at 20 January 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.

c) The monetary contributions shall be paid to Council:

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

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

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

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

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

Council’s S94A Development Contributions Plan may be viewed at www.hornsby.nsw.gov.au or a copy may be inspected at Council’s Administration Centre during normal business hours.

REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

5. Building Code of Australia

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

6. Contract of Insurance (Residential Building Work)

7. Notification of Home Building Act 1989 Requirements

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

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

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

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

i) The name of the owner-builder; and

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

8. Sydney Water – Quick Check

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

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

9. Erection of Construction Sign

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

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

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

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

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

10. Toilet Facilities

11. Erosion and Sediment Control

a) 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.

b) Erosion and sediment control devices must remain in place until the site has been stabilised and revegetated.

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

REQUIREMENTS DURING CONSTRUCTION

12. 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.

13. Demolition

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

14. Works Near Trees

All works (including driveways and retaining walls) within the measured TRZ of trees numbered 1, 2 and 9 growing on adjoining properties are required to be retained (whether or not on the subject property, and pursuant to this consent or the Tree Preservation Order), must be carried out under the supervision of an ‘AQF Level 5 arborist’ and a certificate submitted to the principal certifying authority detailing the method(s) used to preserve the tree(s).

Note: Tree Root Zones (TRZ) are as follows:

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

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

15. Council Property

16. Disturbance of Existing Site

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

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

17. Fulfilment of BASIX Commitments

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

18. 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 and be connected to the existing stormwater drainage system.

19. Internal Driveway/Vehicular Areas

The driveway and parking areas on site must be designed in accordance with Australian Standards 2890.1, 2890.2, 3727, the driveway grade must not exceed 25 percent and changes in grade must not exceed 8 percent.

20. Damage to Council Assets

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

21. Maintain Canopy Cover

a) To maintain canopy cover and screen the proposed second storey addition. Three medium trees selected from Council’s booklet ‘Indigenous Plants for the Bushland Shire’ such as Syncarpia glomulifera (Turpentine), Allocasuarina littoralis (Black She Oak), Allocasuarina torulosa (Forest Oak) are to be planted on the subject site in the setback between the dwelling and the boundary with No. 9 Holly Road.

b) The planting location must not be within 4 metres of the foundation walls of the dwelling house or swimming pool.

c) The pot size is to be a minimum 25 litres and the tree must be maintained until it reaches the height of 3 metres.

OPERATIONAL CONDITIONS

22. Swimming Pool Requirements

The construction and operation of the swimming pool must comply with the provisions of the Swimming Pool Act 1992, the Swimming Pool Regulation 2008 Australian Standards 1926.1-3 – Swimming Pool Safety and the following requirements:

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

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

- 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; and

· 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

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.

Dial Before You Dig

Asbestos Warning

Further information regarding the safe handling and removal of asbestos can be found at: