Agenda of General Meeting

Date Lodged	Councillor/Designated Person (Position)	Reason for Lodgement
9 June 2015	Property Asset Manager	New Appointment

Group Manager’s Report No. PL10/15

Planning Division

Date of Meeting: 8/07/2015

7 DEVELOPMENT APPLICATION - RESIDENTIAL FLAT BUILDING COMPRISING 36 UNITS - 6-8 COWAN ROAD, MOUNT COLAH

EXECUTIVE SUMMARY

DA No:	DA/1214/2014 (Lodged 10 October 2014)
Description:	Construction of a five storey residential flat building comprising 36 units and basement car park
Property:	Lot 14 Sec A DP 2052, Lot 15 Sec A DP 2052, Nos. 6 and 8 Cowan Road, Mount Colah
Applicant:	RJK Architects Pty Ltd
Owner:	Ms K M Burge, Mr T J O’Keefe and Mrs M E O’Keefe
Estimated Value:	$8,793,000
Ward:	A

· The application involves demolition of existing structures and construction of a five storey residential flat building comprising 36 units and basement car park.

· The proposal generally complies with the Hornsby Local Environmental Plan 2013 and State Environmental Planning Policy No. 65 – Design Quality Residential Flat Development and is generally satisfactory in respect to the requirements of the Residential Flat Design Guidelines and Hornsby Development Control Plan 2013.

· A deferred consent commencement condition is recommended for owners consent to be obtained for a stormwater drainage easement and associated works.

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

· It is recommended that the application be approved.

RECOMMENDATION

THAT Development Application No. DA/1214/2014 for demolition of existing structures and construction of a five storey residential flat building containing 36 units and basement car park at Lot 14 Sec A DP 2052, Lot 15 Sec A DP 2052, Nos. 6 and 8 Cowan Road, Mount Colah be approved as a deferred commencement pursuant to Section 80(3) of the Environmental Planning and Assessment Act 1979 subject to the conditions of consent detailed in Schedule 1 of Group Manager’s Report No. PL10/15.

BACKGROUND

The subject land was rezoned from Residential A (Low Density) to R4 (High Density Residential) on 2 September 2011 as part of Council’s Housing Strategy.

On 12 November 2014, Council approved DA/1096/2013 for construction of three, five storey residential flat buildings at Nos. 544-552 Pacific Highway and Nos. 1-1A Cowan Road, Mount Colah opposite the subject site.

On 10 December 2014, Council approved DA/629/2014 for a five storey residential flat building containing 41 units at Nos. 1-3 Werombi Road, Mount Colah which adjoins the southern boundary of the subject site.

On 17 February 2015, Development Application DA/176/2015 was lodged for a residential flat building containing 45 units on the site adjoining the western boundary at No. 2 Cowan Road and Nos. 540A-542 Pacific Highway, Mount Colah. The application is under assessment.

SITE

The irregular shaped site with an area of 1,884.3m²has a frontage to the southern side of Cowan Road. The site adjoins the Great Northern Rail Corridor along the eastern boundary. The rail corridor forms a north-south divide of the suburb of Mount Colah. Cowan Road west side ends at the rail corridor at the frontage of the site.

The site has an easterly aspect and is elevated to the surrounding area to the eastern side of the rail corridor.

The site has a frontage of 40.8m, the eastern side boundary is slightly indented and is of dimension 31.3m/16.5m, the rear southern boundary is 39.3m and the western side boundary is 47.8m. The site has a gradual fall of 4% to the eastern boundary and the rail corridor.

The rail corridor has a width of 40m and includes an electrified dual rail line. The end of Cowan Road includes gated maintenance access to the corridor.

The site does not include any significant locally indigenous trees.

The site is within the Pacific Highway, Mount Colah Precinct comprising a wedged shaped precinct of land zoned R4 High Density Residential between the Pacific Highway and the Great Northern Rail Corridor. The site is within 300m of Mount Colah Railway Station and local neighbourhood shopping centre.

The surrounding area within the precinct includes single and two storey dwelling houses. A number of sites within the precinct are currently under consideration or approved for five storey residential flat developments.

The site is 870m north-west of the Mount Colah connection with the M1 Pacific Motorway, off Kuring-gai Chase Road.

The surrounding area on the western side of the Pacific Highway and eastern side of the rail corridor is a low density residential area. The Mount Colah Public School is located 120m north-east of the site.

PROPOSAL

The proposal is for the demolition of existing structures and construction of a five storey residential flat building containing 36 units and basement car park over two levels. The proposed units include 4 x 1 bedroom, 3 x 2 bedroom, 23 x 2 bedroom + study, 2 x 3 bedroom and 4 x 3 bedroom + study, units.

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

A Plan for Growing Sydney has been prepared by the NSW State Government to guide land use planning decisions for the next 20 years. The Plan sets a strategy for accommodating Sydney’s future population growth and identifies the need to deliver 689,000 new jobs and 664,000 new homes by 2031. The Plan identifies that the most suitable areas for new housing are in locations close to jobs, public transport, community facilities and services.

The NSW Government will use the subregional planning process to define objectives and set goals for job creation, housing supply and choice in each subregion. Hornsby Shire has been grouped with Hunters Hill, Ku-ring-gai, Lane Cove, Manly, Mosman, North Sydney, Pittwater, Ryde, Warringah and Willoughby to form the North Subregion. The Draft North Subregional Strategy will be reviewed and the Government will set housing targets and monitor supply to ensure planning controls are in place to stimulate housing development.

The proposed development would be consistent with ‘A Plan for Growing Sydney’, by providing 34 additional dwellings and would contribute to housing choice in the locality.

2. STATUTORY CONTROLS

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

2.1 Hornsby Local Environmental Plan 2013

The 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 R4 High Density Residential under the HLEP. The objectives of the R4 zone are:

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

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

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

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

2.1.2 Height of Buildings

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

2.1.3 Heritage Conservation

Clause 5.10 of the HLEP sets out heritage conservation provisions for Hornsby Shire.

The site is not identified as a heritage item and is not in the vicinity of a heritage item or heritage conservation area. Accordingly, no further assessment regarding heritage is necessary.

2.1.4 Earthworks

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

The applicant submitted a Preliminary Geotechnical Investigation Report prepared by Environmental Investigations Australia with regard to the adjoining rail corridor.

The report includes appropriate recommendations to limit vibrations to prevent damage to adjoining buildings during basement excavation works. A condition is recommended for further detailed geotechnical assessment for the design of the basement excavation and support, the ground water drainage and basement design and foundations.

A condition is recommended for a dilapidation report in respect to adjoining properties.

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

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

The site has been used for residential purposes and is unlikely to be the contaminated. Further assessment in this regard is not warranted.

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 a BASIX Certificate for the proposed units and is considered to be satisfactory.

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 State Environmental Planning Policy (Infrastructure) 2007

The application has been assessed against the requirements of State Environmental Planning Policy (Infrastructure) 2007.

The proposed development adjoins the Great Northern Rail Corridor and is subject to concurrence of Sydney Trains (previously RailCorp) pursuant to Clause 86 of the Policy for works within 25m of the rail corridor. Pursuant to Clause 85 of the Policy, the requirements of Sydney Trains concerning rail safety, the operation of electric trains and crane use are to be considered by Council.

Sydney Trains would grant concurrence to the proposal subject to recommended conditions. The conditions address a range of matters including geotechnical, acoustic, electrolysis, rail safety, structural engineering, public liability, fencing, landscaping and drainage. The recommended concurrence conditions are included in Schedule 1 of this report.

Pursuant to Clause 87 of the Policy, Council is to consider the impacts of rail noise and vibration from the operation of the rail corridor. Pursuant to Clause 102 of the Policy, Council is to consider the impacts in respect to road noise and vibration impacts from the operation of the Pacific Highway.

The applicant submitted an Acoustic Assessment prepared by Renzo Tonin & Associates addressing noise level criteria pursuant to the Policy. The report recommends specified glazing for noise attenuation. The eastern façade of the proposed building would require mechanical ventilation in accordance with the Building Code of Australia requirements as the façade windows would be required to be closed to achieve compliance with noise abatement criteria.

A condition is recommended for implementation of the required noise mitigation measures, in compliance with the provisions of the Policy.

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

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

2.7 Draft State Environmental Planning Policy No 65 – Design Quality of Residential Flat Development (Amendment No 3)

The draft amendment is to revise the Policy following review by the Department of Planning and Environment. The amendments include objectives to meet housing and population targets, affordable housing and to facilitate timely and efficient assessment of development applications. The amendments would replace the Residential Flat Design Guidelines with an Apartment Design Code which prevails in the event of any inconsistency with a Development Control Plan. The amendments would make further provision for design review panels, include additional provisions for the determination of development applications and for standards for ceiling height, apartment area and car parking, which cannot be used as grounds for refusal of development consent.

The proposed development would not be inconsistent with the provisions of the draft Policy and the requirements of the Apartment Design Code.

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

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

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

Principle	Compliance
1. CONTEXT	Yes
Comment: The site is located within a precinct planned for five storey residential flat buildings in close proximity to Mount Colah Railway Station and the Mount Colah village and neighbourhood centres. The proposal responds to the desired future character of the precinct as envisaged by Council for residential flat buildings in landscaped settings with underground car parking. Once the development of the precinct is completed, the proposal would integrate with the surrounding sites and would be in keeping with the future urban form. The proposed building would contribute to the identity and future character of the precinct.
2. SCALE	Yes
Comment: The scale of the development is in accordance with the height control and setbacks for the precinct prescribed within the Hornsby DCP. The building footprints also comply with the maximum floorplate of 35m prescribed within the DCP. The development achieves a scale consistent with the desired outcome for well-articulated buildings that are set back to incorporate landscaping, open space and separation between buildings.
3. BUILT FORM	Yes
Comment: The proposed building achieves an appropriate built form for the site and its purpose, in terms of building alignments, proportions, and the manipulation of building elements. The overall massing of the building introduces a number of strong vertical elements to break its predominant horizontal form. The building would appropriately contribute to the character of the desired future streetscape and includes articulation to minimise the perceived scale. The proposed materials and finishes would add to the visual interest of the development. The proposed roof form compliments the building’s composition with increased top storey setback on the external facades to minimise bulk and height of the building as required by the Hornsby Development Control Plan 2013 (HDCP).
4. DENSITY	Yes
Comment: The density of the development is stipulated by the HDCP controls for building height and setbacks. The proposed building includes 36 apartments with a mix of one, two and three bedrooms. The proposed density is considered to be sustainable as it responds to the regional context, availability of infrastructure, public transport, community facilities and environmental quality.
5. RESOURCE, ENERGY AND WATER EFFICIENCY	Yes
Comment: The applicant has submitted a BASIX Certificate for the proposed development. In achieving the required BASIX targets for sustainable water use, thermal comfort and energy efficiency, the proposed development would achieve efficient use of natural resources, energy and water throughout its full life cycle, including demolition and construction.
6. LANDSCAPE	Yes
Comment: The application includes a landscape concept plan which provides landscaping along the street frontage, side and rear boundaries, comprising locally indigenous, native and exotic plants species, in keeping with the character of the locality. Canopy trees are proposed along the street frontage intercepted by shrubs and hedges which would soften the appearance of the development when viewed from the Cowan Road. Deep soil areas that incorporate canopy trees are provided around the building envelope which would enhance the development’s natural environmental performance and provide an appropriate landscaped setting and neighbourhood amenity.
7. AMENITY	Yes
Comment: The proposed units are designed with appropriate room dimensions and layout to maximise amenity for future residents. The proposal incorporates good design in terms of achieving natural ventilation, solar access and acoustic privacy. All units incorporate balconies accessible from living areas and privacy has been achieved through appropriate design and orientation of balconies and living areas. Storage areas have been provided within each unit and in the basement levels. The proposal would provide convenient and safe access via a central lift connecting the basement and all other levels.
8. SAFETY AND SECURITY	Yes
Comment: The balconies and windows of individual apartments are oriented towards the street, rear and side boundaries, providing passive surveillance of the public domain and communal open space areas. Both the pedestrian and vehicular entry points are secured and visibly prominent from Cowan Road. The proposal includes a Crime Risk Assessment Report which includes an analysis of NSW Bureau of Crime Statistics and an assessment of the development with regard to Crime Prevention Through Environmental Design Principles (CPTED). The report notes a relatively low incidence of crime for the Hornsby LGA and concludes the proposed development would perform well in achieving the safer by design guidelines for crime prevention. The report recommendations includes measures to address surveillance, access control, territorial reinforcement and space management such as artificial lighting in public places; attractive landscaping whilst maintaining clear sight lines; security coded door lock or swipe card entry; physical or symbolic barriers to attract, channel or restrict the movement of people; fencing of the rail corridor; graffiti management; security controlled access to basement car park; and intercom access for pedestrians. Appropriate conditions of consent are recommended to require compliance with the above matters.
9. SOCIAL DIMENSIONS AND HOUSING AFFORDABILITY	Yes
Comment: The proposal incorporates a range of unit sizes to cater for different budgets and housing needs. The development complies with the housing choice requirements of the Hornsby DCP by providing a component of adaptable housing and a mix of 1, 2 and 3 bedroom dwellings. The proposal responds to the social context in terms of providing a range of dwelling sizes with good access to social facilities and services as the site is located in close proximity to Mount Colah railway station and neighbourhood shops.
10. AESTHETICS	Yes
Comment: The architectural treatment of the building incorporates indentations and projections in the exterior walls with balcony projections to articulate the facades. The roof is low pitched to minimise building height and incorporates eaves which would cast shadows across the top storey wall. The articulation of the building, composition of building elements, textures, materials and colours would achieve a built form generally consistent with the design principles contained within the Residential Flat Design Code and the Hornsby DCP.

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

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

Residential Flat Design Code
Control	Proposal	Requirement	Compliance
Deep Soil Zone	38%	25%	Yes
Communal Open Space	33%	25-30%	Yes
Ground Level Private Open Space	12m²-53m² Min Dimension 2.5m+	25m² Min Dimension 4m	No No
Minimum Dwelling Size	1 br – 53m² 2 br – 75m²- 88m² 3 br – 95m²- 115m²	1 br – 50m² 2 br – 70m² 3 br – 95m²	Yes Yes Yes
Maximum Kitchen Distance	8m	8m	Yes
Minimum Balcony Depth	2.5m	2m	Yes
Minimum Ceiling Height	2.7m	2.7m	Yes
Total Storage Area	1 bed - 6m³ (Min) 2 bed - 8m³(Min) 3 bed - 10m³ (Min)	1 bed - 6m³ (Min) 2 bed - 8m³(Min) 3 bed - 10m³ (Min) 50% accessible from the apartments	Yes
Dual Aspect and Cross Ventilation	66%	60%	Yes
Adaptable Housing	30%	10%	Yes

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

2.6.1 Ground Floor Apartments and Private Open Space

The RFDC encourages separate entries for ground floor apartments and private gardens areas at ground level.

The proposed ground floor unit open space areas are designed with regard the Hornsby Development Control Plan 2013 (HDCP) key development principle of the Pacific Highway, Mount Colah Precinct for five storey residential flat buildings in garden settings. The proposed setback areas adjoining ground floor units form common open space landscaped areas in accordance with this principle.

A number of units do not comply with the Code’s best practice for ground floor open space minimum area 25m² and dimension of 4m. The private open space areas have been designed in accordance with the requirements of the HDCP for deep soil areas with the setbacks providing for communal open space and landscaping. The ground floor open space areas comply with the minimum area requirements of the HDCP. The non-compliance is therefore acceptable.

2.6.2 Apartment Layout

The proposed floor plans include a range of apartment layouts with a mix of dwelling sizes including adaptable units. The proposed units meet the minimum size requirements of the RFDC for well-designed and affordable units. The layouts are generally well designed for internal privacy and amenity.

2.6.3 Internal Circulation

The proposed building includes a central lift providing access to up to seven units on each level of the building in accordance with the RFDC best practice for a maximum of eight units per lift. The proposed lift lobbies and corridors provide adequate circulation space and appropriate social amenity for residents.

The proposed internal circulation is acceptable in respect to the RFDC objectives for creation of pleasant spaces for circulation of people and their possessions and to encourage interaction between residents.

2.6.4 Acoustic Privacy

The site is in the vicinity of the Pacific Highway and adjoins the Great Northern Rail Corridor.

The applicant submitted an Acoustic Assessment prepared by Renzo Tonin & Associates. The assessment addresses the acoustic environment of the proposed development in accordance with rail and road noise provisions of State Environmental Planning Policy (Infrastructure) 2007.

The assessment includes recommended specifications for glazing to mitigate noise impacts from the operation of the rail corridor and the Pacific Highway to achieve the required residential acoustic environment. The windows of the eastern façade would need to be closed to achieve acoustic compliance. In this regard, mechanical ventilation would be required. A condition is recommended for implementation of the report recommendations.

2.6.5 Storage

The proposed units include built-in robes and linen cupboard storage. The basement includes residential storage areas of various sizes. The proposal would comply with the Codes best practice storage area requirements subject to recommended condition for the allocation of equivalent storage area for size of dwelling (i.e. for a minimum of 6m³ of storage area for one bedroom units, 8m³ for two bedroom units and 10m³ for three bedroom units).

2.7 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.

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

Clause 74BA of the Environmental Planning and Assessment Act, 1979 states that a DCP provision will have no effect if it prevents or unreasonably restricts development that is otherwise permitted and complies with the development standards in relevant Local Environmental Plans and State Environmental Planning Policies.

The principal purpose of a development control plan is to provide guidance on the aims of any environmental planning instrument that applies to the development; facilitate development that is permissible under any such instrument; and achieve the objectives of land zones. The provisions contained in a DCP are not statutory requirements and are for guidance purposes only. Consent authorities have flexibility to consider innovative solutions when assessing development proposals, to assist in achieving good planning outcomes.

2.9 Hornsby Development Control Plan 2013

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

Hornsby Development Control Plan 2013
Control	Proposal	Requirement	Compliance
Site Width	33m	30m	Yes
Height	5 storeys – 17.5m	5 storeys – 17.5m	Yes
Maximum Floorplate Dimension	31m	35m	Yes
Building Indentation	4m x 4m	4m x 4m	Yes
Height of Basement Above Ground	1m	1m (max)	Yes
Front Setback	10m 8m < 1/3^rd building Balc. 8m	10m 8m < 1/3^rd building Balc. 7m	Yes Yes Yes
Rear Setback	10m 8m < 1/3^rd building Balc. 7m	10m 8m < 1/3^rd building Balc. 7m	Yes Yes Yes
E Side Setback	6m 4m < 1/3^rd building	6m 4m < 1/3^rd building	Yes Yes
W Side Setback	6m 4m < 1/3^rd building	6m 4m < 1/3^rd building	Yes Yes
Top Storey Setback from Ground Floor	2.6m-6.5m	3m	No
Underground Parking Setback	7m - front 7m - rear 4m – east side 4m – west side	7m - front 7m - rear 4m – east side 4m – east side	Yes Yes Yes Yes
Basement Ramp Setback	4m	2m	Yes
Deep Soil Landscaped Areas	7m-front and rear 4m – east side 4m – west side	7m-front and rear 4m side 4m side	Yes Yes Yes
Private Open Space	1 br units > 11m² 2 br units > 12m² 3 br units > 16m²	10m² 12m² 16m²	Yes Yes Yes
Communal Open Space with Minimum Dimensions 4m	30%	25%	Yes
Parking	52 resident spaces 7 visitor spaces 6 bicycle racks 0 visitor bicycle racks 0 motorbike space	38 resident spaces 7 visitor spaces 7 bicycle racks 4 visitor bicycle racks 1 Motorbike space	Yes Yes No No No
Solar Access	70%	70%	Yes
Housing Choice	4 x 1 br units – 11% 26 x 2 br units – 72% 6 x 3 br units – 17%	10% of each type (min)	Yes
Adaptable Units	30%	30%	Yes

As detailed in the above table, the proposed development does not comply with prescriptive requirements within the HDCP in regards to the setback of the top storey and bicycle and motorbike parking. The matters of non-compliance are detailed below, as well as a brief discussion on compliance with relevant desired outcomes.

2.9.1 Desired Future Character

The proposed five storey residential flat development is of appropriate design in respect to the aspects of the site within the Pacific Highway, Mount Colah Precinct. The proposed building is sited over a basement car park in a landscaped garden setting. The proposed landscaping complements the development and the character of the locality.

The proposed built form, façade treatment, materials and finishes are in accordance with the prescriptive measures for the desired future character of the area.

2.9.2 Site Requirements

The proposed site is a consolidation of two allotments, is generally of regular shape and has a width of 33m in compliance with the HDCP minimum 30m site width requirement.

The southern boundary of the site adjoins the rear of Nos. 1-3 Werombi Road, Mount Colah which forms an approved development site for five storey residential flat building (DA/629/2014). The western boundary of the site adjoins a proposed development site for five storey residential flat building at No. 2 Cowan Road and Nos. 540A-542 Pacific Highway, Mount Colah (DA/176/2015).

The proposed development therefore, would not result in an isolated site.

2.9.3 Height

The proposed building has a height of 17.5m in accordance with the HDCP maximum building height requirements. The building includes a vent riser which extends < 400mm above the maximum building height. The vent riser is excluded under the HLEP definition for building height. The proposed basement would extend 1m above ground level in compliance with the HDCP maximum.

The building includes mezzanine levels for Units 4.01 and 4.04. The mezzanine levels are generally contained within the fifth floor element and would not result in an additional storey. The building features a low pitched roof which is acceptable in respect to HDCP roof design prescriptive measure for flat-pitched roofs.

The proposed building height complies with the HDCP prescriptive measures and meets the desired outcome of the HDCP.

2.9.4 Setbacks

The proposed setbacks comply with the HDCP prescriptive measures.

The eastern side boundary is irregular with indentation into the site. The proposed building is generally setback in accordance with the HDCP 6m setback requirement with encroachment to 4m for 1/3^rd of the building with minor variation for the indentation which is acceptable.

The western side setback complies with the HDCP requirement other than for fire stairs at the corner frontage which exceed the encroachment. The encroachment would not detract from landscaping and is acceptable. Furthermore, the encroachment would not result in privacy or solar access impacts on a future development on the adjacent properties.

2.9.5 Built Form and Separation

The proposed building is well articulated in compliance with the HDCP prescriptive measures with a variety of setbacks, materials and finishes and elements to break the massing of the building.

The proposed building complies with the required 4m x 4m indentation where the building exceeds 25m in dimension.

The proposed building is appropriately sited in response to the aspects of the site including the rail corridor. The elevations feature recessed balconies which provide effective break in the massing of the building and articulation.

The proposed setbacks would allow development of the site adjoining the rear boundary (DA/629/2014) and the site adjoining the western boundary (DA/176/2015) in accordance with the HDCP setback requirements.

The proposed built form is satisfactory in meeting the desired outcome of the HDCP for building form and separation.

2.9.6 Landscaping

The proposed landscaping complements the development and the landscaping of adjoining sites (DA/629/2014 and DA/176/2015). The proposed building is of appropriate design to facilitate resident access to communal landscape areas.

The proposed planting scheme and landscape design is well conceived and meets the desired landscaping outcome of the HDCP to integrate built form with the locality and to enhance the tree canopy. A condition is recommended for additional street tree planting (3 x Sydney Red Gum – Angophora costata).

Appropriate conditions are recommended for on-slab planter specifications and for ongoing maintenance of landscaping.

2.9.7 Open Space

The proposed balcony open space areas are of adequate size and dimension and meet the prescriptive measures of the HDCP. The majority of balconies exceed the minimum area requirements and would provide for screened outdoor clothes drying areas in addition to the balcony open space areas.

The proposed communal open space area at the rear of the proposed building is readily accessible for residents with active and passive open space provision. The proposed communal open space area complies with the required minimum of 25% of the site area and minimum 2 hours sunlight during mid-winter. A condition is recommended for provision of a 50m² unencumbered open space area.

The proposed private open space and communal open space areas meet the HDCP desired outcome.

2.9.8 Privacy and Security

The proposed units are primarily oriented to the Cowan Street frontage. The proposed balconies at the western side elevation are recessed and acceptable in respect to privacy with the adjoining site. A condition is recommended for glass balconies to be translucent.

The proposed balconies of units within 20m of the rail corridor are subject to Sydney Trains requirement for treatment to prevent objects being thrown from balconies onto the corridor. The proposal includes fixed aluminium louvers to balconies adjacent to the corridor which is satisfactory in design and addresses this requirement.

The proposed pedestrian entry is clearly identified at the Cowan Road street frontage. The proposal includes appropriate fencing and landscaping of the frontage for privacy and security of private open space areas of ground floor units.

Appropriate conditions are recommended for security access, crime prevention and graffiti management. Subject to recommended conditions the proposal would meet the HDCP desired outcome for privacy and security.

2.9.9 Sunlight and Ventilation

The site is generally advantaged by the northerly aspect. The majority of proposed units have dual aspect to include either the north, west or easterly aspect. Approximately 66% of units are designed for dual aspect and cross ventilation.

The common open space area at the rear of the site would comply with the HDCP solar access requirement.

The applicant submitted a solar access analysis which demonstrates 70% of the proposed units would receive a minimum of 2 hours of sunlight to living areas and private open space on 22 June.

The proposed units would meet the HDCP desired outcome for sunlight and ventilation.

2.9.10 Housing Choice

The proposed dwelling mix complies with the HDCP prescriptive measure for a minimum of 10% of 1, 2 and 3 bedroom units and for a minimum of 30% of units to be adaptable for access for people with a disability.

2.9.11 Vehicular Access and Parking

The proposed 52 resident car parking spaces exceed the required 38 spaces for the proposed dwellings, in accordance with HDCP. The proposal does not include the required number of bicycle parking spaces (1 additional resident space and 4 visitor spaces) and does not include a motor cycle space. A condition is recommended for the provision of a minimum of 38 resident car parking space and the required bicycle and motor cycle parking spaces; in lieu of the surplus car parking spaces.

Subject to recommended conditions, the proposed driveway and basement car parking areas are in accordance with the HDCP prescriptive measures.

The basement car park includes sufficient storage for residents subject to condition for storage spaces to meet the minimum area requirement according to unit size of the Residential Flat Design Code.

2.9.12 Waste Management

The submitted Waste Management Plans for the demolition stage and construction stage of the proposed development are acceptable subject to recommended conditions.

The site will require 8 x 240 litre bins serviced weekly, plus 3 x 660 litre garbage bins serviced twice weekly plus 1 x 660 litre bin for paper/cardboard removalist boxes etc. The proposed waste management system can accommodate the required number of bins, subject to condition for the bin collection facility point at the frontage to be designed to accommodate the required number of bins. There is adequate area at the frontage for this purpose.

The proposal is for waste collection at the frontage. A condition is recommended for the construction of a cul-de-sac in Cowan Road which will provide adequate turning area for the waste collection to reverse into the site. The basement waste storage area, truck access, collection point and bulk storage area are able to comply with Council’s design requirements for waste management subject to recommended conditions.

The proposed waste management system is satisfactory in respect to the HDCP controls subject to recommended conditions.

2.10 Section 94 Contributions Plans

Hornsby Shire Council Section 94 Contributions Plan 2012-2021 applies to the development as it would result in an additional 34 residential dwellings in lieu of the two existing residences. Accordingly, the requirement for a monetary Section 94 contribution is recommended as a condition of consent.

3. ENVIRONMENTAL IMPACTS

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

3.1 Natural Environment

3.1.1 Tree and Vegetation Preservation

The existing trees on the site and immediately adjoining the site include exotic, native planted trees and locally indigenous specimens totalling 49 trees of which 33 trees are proposed for removal. Of these trees 31 are identified as exotic or not locally indigenous species and exempt from protection under HDCP. Tree No 35 – Native Daphne (Pittosporum undulatum) and Tree No 36 – NSW Christmas Bush (Ceratopetalum gummiferum) are locally indigenous but are poor specimens appropriate for removal. Tree No. 1 - Bottle Brush (Callistemon) in the nature strip is to be retained.

Appropriate conditions are recommended for protection of trees to be retained and a condition is recommended for an additional 3x Sydney Red Gums to be planted at the street frontage.

3.1.2 Stormwater Management

Following advice that Sydney Trains would not concur to proposed stormwater drainage to the rail corridor, the applicant submitted a stormwater drainage concept plan for stormwater drainage options over downstream lands to Council’s system.

The drainage concept would require works on the adjoining land subject of DA/629/2014 for construction of a five storey residential flat building at Nos. 1-3 Werombi Road, Mount Colah (Option 1) or alternatively for connection to the drainage system for the approved development opposite the site, DA/1096/2013 – Nos. 540A-542 Pacific Highway and 1A Cowan Road, Mount Colah (Option 2). The required works would coincide with the approved stormwater drainage works on the adjoining lands. The adjoining owner’s consent has not been obtained for granting a stormwater drainage easement or for the necessary works on the adjoining land. A deferred consent commencement condition is recommended for owners consent to be obtained for granting a stormwater drainage easement and for works within the easement.

The stormwater drainage easement options plan includes an on-site bio retention system to reduce urban stormwater pollution together with a stormwater detention system to minimise impacts on downstream waterways.

Appropriate conditions are recommended to ensure stormwater drainage design and the water quality requirements of HDCP are met by the proposal.

3.2 Built Environment

3.2.1 Built Form

The site forms part of the Mount Colah urban area recently rezoned for five storey residential flat development. The future built form envisaged by Council is provided for in Council’s planning controls as discussed in Section 2.7.

The proposed development is consistent with the built form envisaged for the area.

3.2.2 Traffic

The Traffic and Parking Assessment prepared by Traffic Solutions Pty Ltd estimates the proposed development would generate additional 11 vehicles trips per hour in the AM and PM peak hours. The additional traffic generated by the proposal is acceptable in respect to impact on the efficiency of the adjacent road network.

The development of the Pacific Highway Mount Colah Precinct for high density housing has the potential to yield up to 480 additional dwellings. Based on peak hour traffic generation rates of 0.19 vehicle trips per units during the AM and PM peak and 0.15 vehicle trips during the PM peak (rates specified in updated RMS Guidelines), cumulative traffic generation for the precinct is estimated to be in the order of 91 vehicle trips during the AM peak and 72 vehicle trips in the PM peak period. The existing seagull traffic management installations at the intersections of the Pacific Highway with Werombi Road and with Cowan Road, would not have sufficient storage space to accommodate the magnitude of the traffic envisaged for the Precinct. Council’s traffic assessment is for the signalisation of the intersection of Cowan Road and Pacific Highway. This matter is being progressed by Council in review of the Section 94 Contributions Plan.

3.3 Social Impacts

The residential development would improve housing choice in the locality by providing a range of house hold types. This is consistent with Council’s Housing Strategy which identifies the need to provide a mix of housing options to meet future demographic needs in Hornsby Shire.

3.4 Economic Impacts

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

4. SITE SUITABILITY

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

The subject site has not been identified as bushfire prone or flood prone land. The site is considered to be capable of accommodating the proposed development subject to noise mitigation measures to address the operation of the adjoining rail corridor and the Pacific Highway. 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 23 October and 6 November 2014 in accordance with the Notification and Exhibition requirements of the HDCP. During this period, Council received one submission. The map below illustrates the development site and the location of properties notified. There were no submissions made from properties in close proximity to the site.

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

One submission objected to the development. The grounds of objection are discussed as follows:

Character of Adjacent Low Density Residential Area

The impact of the proposed development on the character and amenity of the adjacent low density residential area on the eastern side of the rail corridor was raised as a concern.

The proposed development would be visible from the adjacent low density residential area. The proposal however, is in accordance with the objective of the subject R4 High Density Residential zone to provide for the housing needs of the community within a high density residential environment.

Bushfire Emergency Evacuation

The impact of the proposal on the operation of the Pacific Highway in the event of a bushfire emergency and closure of the M1 Motorway was raised as a concern.

The site is not within a bushfire prone area and the NSW Rural Fire Service has not raised objection to development proceeding with the precinct. Council’s traffic assessment concludes that there is adequate capacity within the Pacific Highway to cater for the anticipated increase in traffic volumes as a result of development within the precinct. The installation of traffic lights at the intersection of Pacific highway and Cowan Road is being investigated. However, these works would likely have minimal impacts on evacuation traffic in the case of a bushfire emergency.

Demolition and Asbestos

The surrounding environment is safeguarded from asbestos contamination by an appropriate condition to address the proposed demolition of the existing buildings on the site.

5.2 Public Agencies

The development application was referred to Sydney Trains for comment in accordance with the provisions of State Environmental Planning Policy (Infrastructure) 2007 in respect to the rail corridor adjoining the site.

Sydney Trains would grant concurrence to the proposed development subject to recommended conditions.

6. THE PUBLIC INTEREST

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

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

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

CONCLUSION

The proposed development is for demolition of existing structures and construction of a five storey residential flat building containing 36 units and basement car park over two levels.

The proposed development generally complies with HLEP and is generally satisfactory is respect to the design principles of SEPP 65 and the requirements of the Residential Flat Design Code, subject to recommended conditions. The proposal is satisfactory in respect to the HDCP requirements and the Key Development Principles for the Pacific Highway, Mount Colah Precinct.

The proposal adjoins the Great Northern Rail Corridor. Sydney Trains has granted concurrence to the proposal subject to recommended conditions.

One submission has been received in response to notification of the proposed development.

The application is recommended for deferred commencement approval subject to conditions in Schedule 1 of this report.

RESPONSIBLE OFFICER

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

Rod Pickles

Manager - Development Assessment

Planning Division

James Farrington

Group Manager

Planning Division

Attachments:

1.View	Locality Plan
2.View	Survey Plan
3.View	Landscape Plan
4.View	Floor Plans
5.View	Elevations
6.View	Roof Plan
7.View	Materials and Finishes
8.View	Stormwater Options Plan

File Reference: DA/1214/2014

Document Number: D04594353

SCHEDULE 1

GENERAL CONDITIONS

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

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

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

1. Deferred Commencement

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

a) The registration and creation of an easement to drain water from the site over downstream properties and owners consent for necessary works for stormwater drainage connection to Council’s stormwater drainage system.

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

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

2. Approved Plans and Supporting Documentation

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

Plan No.	Plan Title	Drawn by	Dated
DA 1.01 Issue A	Site/Roof Plan	RJK Architects	Oct 2014
DA 2.00 Issue B	Level Basement 02	RJK Architects	Nov 2014
DA 2.01 Issue C	Level Basement 01	RJK Architects	Jan 2015
DA 2.02 Issue D	Level 00 - Ground	RJK Architects	Jun 2015
DA 2.03 Issue D	Level 01 – 02	RJK Architects	Jun 2015
DA 2.04 Issue D	Level 03	RJK Architects	Jun 2015
DA 2.05 Issue D	Level 04	RJK Architects	Jun 2015
DA 2.06 Issue B	Mezzanine	RJK Architects	Mar 2015
DA 3.00 Issue D	Elevations North And East	RJK Architects	Jun 2015
DA 3.01 Issue D	Elevations South And West	RJK Architects	Jun 2015
DA 3.02 Issue A	Colour Materials And Finishes	RJK Architects	Oct 2014
DA 4.00 Issue A	Section A – A	RJK Architects	Aug 2014
LP01 / A	Landscape Plan	Black Beetle Landscape Architecture and Design	05.09.14
S1 Rev A	Shoring Plan & Details	Rosycivil Pty Ltd	05.02.15

Document Title	Prepared by	Dated
BASIX Certificate No. 579084M	Gradwell Consulting	8 October 2014
Tree Inspection Report	Treehaven Environscapes	25/9/2014
Acoustic Assessment	Renzo Tonin & Associates	30 September 2014
Access Report	Bio-Building Design	19 September 2014
SEPP 65 Design Verification Statement	Robert Jurukovski	October 2014
Preliminary Geotechnical Investigation Report	Environmental Investigations Australia	27 January 2015
Crime Risk Assessment Report	Planning Ingenuity	11 March 2015
Waste Management Plan	Leda Projects NSW P/L	Oct 2014
Traffic and Parking Assessment	Traffic Solutions Pty Ltd	10 October 2014

3. Removal of Existing Trees

This development consent permits the removal of trees 2, 3, 5, 16, 17, 18, 19, 20, 21, 22, 23, 24, 26, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 48 and 49 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 2013 (HDCP).

4. Amendment of Plans

The approved plans are to be amended as follows:

a) The waste bin collection point at the frontage to be designed to accommodate the required number of bins for the development.

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	$16,267.35
Open Space and Recreation	$455,578.05
Community Facilities	$63,502.15
Plan Preparation and Administration	$1,890.35
TOTAL	$537,237.90

being for 4 x 1 bedroom units, 26 x 2 bedroom units, 6 x 3 bedroom units and including credit for 2 existing allotments.

b) The value of this contribution is current as at 14 April 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. Notification of Home Building Act, 1989 Requirements

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

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

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

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

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

i) The name of the owner-builder; and

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

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

9. Water/Electricity Utility Services

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

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

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

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

10. Dilapidation Report

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

a) No. 2 Cowan Road, Mount Colah

b) No. 538B Pacific Highway, Mount Colah

c) No. 1 Werombi Road, Mount Colah.

11. Adaptable Units

The details of the adaptable units Nos G.05, G.06, 1.05, 1.06, 2.05, 2.06, 3.05 and 3.06 must be provided with the Construction Certificate Plans.

12. Noise – Rail Corridor

The development must be carried out in accordance with the recommendations contained within the acoustic report submitted with the development application, titled ‘Acoustic Assessment’, prepared by Renzo Tonin & Associates and dated 30 September 2014 and the requirements of the Department of Planning’s Development Near Rail Corridors and Busy Roads – Interim Guideline and RailCorp’s Interim Guidelines for Applicants.

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

13. Waste Management Details

The following waste management requirements must be complied with:

a) The garbage chute system must be designed to include a 2 x 660 L bin linear.

14. Stormwater Drainage

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

a) Connected to an existing Council drainage system via an on-site detention system and after treatment to achieve quality according to Council DCP ( table 1C.1.2(b))

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

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

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

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

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

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

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

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

16. Urban Stormwater Quality

Stormwater leaving the premises is to be treated to achieve the quality specified in Hornsby Development Control Plan 2013 (HDCP) (Table 1C.1.2(b) Urban Stormwater Quality Targets) or utilise one of the deemed to satisfy solutions in accordance with the HDCP. Details are to be provided with a construction certificate application.

a) Prior to occupation of the premises, a Chartered Civil/Hydraulic Engineer of the Institution of Engineers, Australia is to certify that works have been completed in accordance with the approved construction plan and the measures will achieve the targets specified in the condition.

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) Any redundant crossings to be replaced with integral kerb and gutter.

b) The footway area to be restored by turfing.

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

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

18. Internal Driveway/Vehicular Areas

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

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

b) The driveway be a rigid pavement.

19. Road Works

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

a) Concrete footpath and kerb and gutter are to be constructed in Cowan Road at the frontage of the site. The kerb and gutter is to be located centrally within the road reserve and is to provide for an 11m width between the face of kerbs.

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

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

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

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

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

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

20. 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. The Traffic Management Plan shall be submitted and approved by Council’s Manager Traffic and Road Safety prior to the issue of a construction certificate. 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.

The Traffic Control plan is to be submitted to Council for approval prior to the issue of a Construction Certificate.

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

21. 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.

22. 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.

23. 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.

24. 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 may be issued for any non-compliance with this requirement without any further notification or warning.

25. Tree Protection Barriers

Tree protection fencing must be erected in accordance with AS4790-2009 around trees numbered T4 – T15, T25, T27 and T47 to be retained at the designated metre setbacks specified within the Tree report. The tree fencing must be constructed of 1.8 metre ‘cyclone chainmesh fence’ or star pickets spaced at 2 metre intervals, connected by a continuous high-visibility barrier/hazard mesh at a height of 1 metre and should be erected before any machinery or materials are brought onto site.

Note: A minor encroachment of less than 10% within the Tree Protection Zone (TPZ) but outside the Structural root Zone is allowed. The area lost to an encroachment must be compensated for elsewhere and contiguous to the TPZ. Variations must be made by the Project Arborist.

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, in accordance with Interim Construction Noise Guidelines 2009 – NSW Department of Environment and Climate Change. No work is to be undertaken on Sundays or public holidays.

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. Construction Vehicles

All construction vehicles associated with the development are to be contained on site or in an approved “Work Zone” in Cowan Road.

30. Waste Management Details

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

a) The identity of the person removing the waste.

b) The waste carrier vehicle registration.

c) Date and time of waste collection.

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

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

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

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

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

31. Street Sweeping

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

32. Works Near Trees

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

a) Site Establishment – A project Arborist will monitor bulk works, installation of temporary infrastructure including bunting, sediment control works and drainage works. The site establishment plan should be checked for compliance with the tree protection plan. This would include the location of site sheds, stockpile areas, temporary access roads and sediment control.

b) Construction Work – The project Arborist will monitor the impacts of general construction particularly around the installation of services, footings and slabs, scaffolding, works within the TPZ.

c) Landscaping Works – The project Arborist may need to approve the staged removal of protection measures required to allow for landscaping works including the installation of decking areas and associated footings. The Arborist must supervise any works within the TPZs including retaining walls, irrigation and lighting installation, topdressing, planting and paving. Monitoring is to be recorded for inclusion in certification at practical completion.

33. 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.

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.

34. 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.

35. 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.

36. Survey Report – Finished Floor Level

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

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

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

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION OR SUBDIVISION CERTIFICATE

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

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. Works as Executed Plan

Works-as-executed plans must be prepared by a registered surveyor and submitted to Council for completed road pavement, kerb & gutter, footpath cul de sac, drainage systems, on-site detention system and bio retention system (if applicable).

40. Creation of Easements

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

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

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

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

41. Certificate of Preservation of Survey Marks

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

42. Waste Management

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

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

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

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

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

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

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

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

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

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

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

Note: Ramps between different levels are acceptable.

f) “No parking” signs must be erected to prohibit parking in the waste collection loading bay.

g) A report(s) must be prepared by a registered surveyor and submitted to the principal certifying authority prior to the issue of the Subdivision/Occupation Certificate, certifying that: The finished access way (including ramp, vehicle turning area, loading bay and site entry/exit) to be used by waste collection vehicles, complies with Australian Standard 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.

43. Planter Boxes / On Slab Planting

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

44. Street Tree Plantings

Planting to the front verge to include 3 x Angophora costata (Sydney Red Gum), installed at minimum 100 litre pot size. Preparations must involve ground cultivation plus imported soils for planting, finished with mulch surrounds to base, plus hardwood staking and hessian ties for a period of establishment.

45. Completion of Landscaping

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

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

46. Acoustic Environment

A certificate must be provided by a qualified acoustic consultant certifying that all required noise mitigation measures have been satisfactorily implemented in accordance with the conditions of this consent.

OPERATIONAL CONDITIONS

47. Traffic and Road Safety

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

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

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

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

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

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

48. Installation of Privacy Devices

The following device(s) must be installed to maintain an element of privacy.

a) All privacy screens must be sliding stackable louvered metal screens extendable to the full width of the balconies;

b) All glass balustrades must be translucent glass;

c) Outdoor clothes drying area must screened from view of publicly accessible areas.

49. Storage Areas

Each dwelling within the development must have a minimum area for storage (not including built-in storage) of 6m³ for one bedroom units, 8m³ for two bedroom units and 10m³ for three bedroom units.

50. Safety and Security

a) Fire exit doors to the development must be fitted with single cylinder locksets (Australia and New Zealand Standard – Lock Sets) to restrict unauthorized access to the development.

b) Ground floor windows must be fitted with window locks that can be locked with a key.

c) A graffiti management plan must be incorporated into the maintenance plan for the development for graffiti to be removed within a forty-eight hour period.

d) The basement car park entry must be secured by security gates/roller shutters and controlled by secure access located at the top of the driveway. The access control is to include an audio/visual intercom system to allow visitor access to the parking area.

e) In order to prevent vehicle tail-gating on entry the timing of the security door closing is to be a maximum of 10 seconds. Signage is to be erected instructing drivers to wait until the roller door fully closes prior to proceeding.

f) Lighting of pedestrian pathways throughout the development must comply with Australia and New Zealand Lighting Standard 1158.1 – Pedestrian.

g) Front fencing to be designed to allow casual surveillance at the frontage.

h) The entry foyer door is to be a security door with access being restricted to an intercom, code or card lock system.

i) The street number of the building is to be readily identifiable from Cowan Road.

j) Quality mail box doors and non-tamper proof locks must be fitted to mail boxes.

k) The bicycle racks are to have secure locking loops bolted into the concrete flooring.

l) Storage cages are to be constructed of quality steel mesh, welded to a sturdy metal frame and provided with a total of 3 hinges and 3 locking points. A secure locking loop bolted into the concrete floor is also required to be provided to enable use of padlocks.

m) The internal portions of the basement are to be illuminated in accordance with the AS1158.1, AS1680 and AS2890.1.

n) The ceiling of each basement level shall be painted white or a like colour to increase visibility and reflective light throughout each basement level.

o) Landscape vegetation located within the common circulation areas and at the street frontage is to be routinely maintained to ensure that vegetation does not obstruct sight lines from the street frontage.

p) Each pedestrian entry and associated common areas are to be sufficiently illuminated during the evenings to facilitate lines of sight from common areas and private open space areas to the secured entry door.

51. Works as Executed Plan

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

52. 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.

53. Unit Numbering

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

54. Provision for National Broadband Network (NBN)

Provision must be made for fibre ready passive infrastructure (pits and pipes) generally in accordance with NBN Co.'s pit and pipe installation guidelines to service the proposed development. A certificate from NBN Co or Telstra must be submitted to the PCA that the fibre optic cabling provided for the development complies with MDU Building Design Guides for Development.

55. External Lighting

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

56. Boundary Fencing

Lapped and capped timber fencing must be erected along all property boundaries (other than the rail corridor – Refer Condition Nos. 63.17 and 63.18) behind the front building alignment to a height of 1.8 metres.

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

57. 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.

58. Waste Management

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

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

59. Landscape Establishment

The landscape works must be maintained into the future to ensure the establishment and successful growth of plant material to meet the intent of the landscape design. This must include but not be limited to watering, weeding, removing turf from around the base of street trees, re-mulching, replacement of failed plant material and promoting the growth of plants through standard industry practices.

60. 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).

61. Maintenance of Wastewater Device

All wastewater and stormwater treatment devices (including drainage systems, sumps and traps) must be regularly maintained in order to remain effective. All solid and liquid wastes collected from the device must be disposed of in accordance with the Protection of the Environment Operations Act 1997.

62. Fire Safety Statement - Annual

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

CONDITIONS OF CONCURRENCE – SYDNEY TRAINS

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

63. Sydney Trains

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

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

b) Revised Structural Drawings based on the Revised Geotechnical Report.

c) Revised plans and section drawings showing above ground structures such as light poles, overhead wiring structures and the proposed building superstructures shown. The relative distances between the building superstructure and rail assets should be reviewed to assess compliance to the following requirements from the Asset Standards Authority standard T HR CI 12080 ST External Developments.

i) Clause 6.7, Minimum clearances to overhead transmission lines in accordance with RailCorp's electrical engineering standards.

ii) Clause 6.12, Structures shall comply with derailment protection requirements as per AS5100-Bridge design.

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

e) A monitoring plan.

f) Machinery to be used during excavation/construction.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

63.22 Drainage shall not be discharged into the rail corridor and it is preferred that any drainage solution be connected to Council’s drainage system.

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

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

- END OF CONDITIONS -

ADVISORY NOTES

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

Environmental Planning and Assessment Act 1979 Requirements

The Environmental Planning and Assessment Act 1979 requires:

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

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

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

· Mandatory inspections of nominated stages of the construction inspected.

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

Long Service Levy

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

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

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

Tree and Vegetation Preservation

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

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

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

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

Disability Discrimination Act

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

Dial Before You Dig

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

Telecommunications Act 1997 (Commonwealth)

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

Asbestos Warning

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

www.environment.nsw.gov.au

www.nsw.gov.au/fibro

www.adfa.org.au

www.workcover.nsw.gov.au

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

Group Manager’s Report No. PL54/15

Planning Division

Date of Meeting: 8/07/2015

8 DEVELOPMENT APPLICATION - RESIDENTIAL FLAT BUILDING COMPRISING 33 UNITS - 36-38 CARLINGFORD ROAD AND 42C KENT STREET, EPPING

EXECUTIVE SUMMARY

DA No:	DA/1576/2014 (17 December 2014)
Description:	Demolition of existing structures and the erection of a five storey residential flat building comprising 33 units with basement car parking
Property:	Lots 1-3 DP 872774, Nos. 36-38 Carlingford Road and No. 42C Kent Street, Epping
Applicant:	Ronghai Property Group
Owner:	Ms Mei-Li Lu, Mr Yung-Yu Chien, Mrs Diana Kam Mui Wong, Mr Guo Fan Yang, Ms Yun Wang
Estimated Value:	$7,796,102
Ward:	C

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

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

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

· It is recommended that the application be approved.

RECOMMENDATION

THAT Development Application No. DA/1576/2014 for demolition of existing structures and the erection of a five storey residential flat building comprising 33 units with basement car parking at Lots 1-3 DP 872774, Nos. 36-38 Carlingford Road and 42C Kent Street, Epping be approved subject to the conditions of consent detailed in Schedule 1 of Group Manager’s Report No. PL54/15.

BACKGROUND

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

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

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

A pre-lodgement meeting was held between Council officers and the applicant to discuss the design, prior to lodgement of the application. At the meeting, concerns were raised by Council regarding the proposed design in terms of building form, building separation, privacy and setbacks. The subject application was lodged on 17 December 2014 and sought to address the issues raised by Council officers.

SITE

The site comprises three allotments, Nos. 36 - 38 Carlingford Road and 42C Kent Street, Epping and is located on the northern side of Carlingford Road and the eastern side of Kent Street. The site is regular in shape with a total area of 1633.71m² and frontage of 32.615m to Carlingford Road and a 44.195m frontage to Kent Street. The site comprises three rectangular shaped allotments with dwelling entitlements. The site has a downward slope to the north-eastern corner of the site.

Existing developments on the allotments include three dwelling-houses with associated garages and carports. Vehicular access to the site is gained via existing driveways fronting Carlingford Road and Kent Street.

The allotments contain a number of trees, however these trees are not considered to be significant.

The site forms part of a precinct which is undergoing redevelopment. The surrounding developments include single and two storey residential developments. Development applications for five storey residential flat buildings have been approved on a number of sites within the precinct.

The site is located approximately 600m from Epping Railway Station and approximately 400m to the Epping Commercial Centre.

PROPOSAL

The proposal involves the demolition of existing structures and construction of a five storey residential flat building plus mezzanine comprising 33 units with 2 levels of basement car parking.

The unit mix would comprise 4 x 1 bedroom, 24 x 2 bedroom, 5 x 3 bedroom units (including one dual key unit). The units would be accessed via a lift centrally located in the building and would include balconies fronting the street, rear and side property boundaries.

The development would be accessed from Kent Street via a driveway located along the western boundary of the site. A separate pedestrian entry centrally located at the front of the property on Carlingford Road would provide access to all levels of the building via a landscaped pathway. A total of 40 car parking spaces, including 5 visitors’ parking spaces are proposed in two basement levels.

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

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

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

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

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

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

2.1.2 Height of Buildings

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

2.1.3 Heritage Conservation

Clause 5.10 of the HLEP sets out heritage conservation provisions for Hornsby Shire. The site does not include a heritage item and is not located in a heritage conservation area. Accordingly, no further assessment regarding heritage is necessary.

2.1.4 Earthworks

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

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

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

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

The site has been used for residential purposes and is unlikely to be the contaminated. Further assessment in this regard is not warranted.

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

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

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

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

2.5 State Environmental Planning Policy (Infrastructure) 2007

The application has been assessed against the requirements of State Environmental Planning Policy (Infrastructure) 2007. This Policy contains State-wide planning controls for developments adjoining busy roads. The development is located immediately adjoining a classified road corridor (Carlingford Road) however access to the site would be from Kent Street.

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

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

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

Principle	Compliance
1. CONTEXT	Yes
Comment: The subject site is located within a precinct zoned for five storey residential flat buildings in close proximity to the Epping Town Centre. The desired future character of the area, as outlined in the Hornsby Development Control Plan (HDCP), is that of a high density residential precinct incorporating five storey developments in garden settings with parking in basements. The submitted ‘Design Verification Statement’ submits that the proposal responds to the desired future character of the precinct as envisaged by Council and the State Government. Once the development of the precinct is completed, the proposal would be consistent with development on surrounding sites and would be in keeping with the desired built form. The proposed building would contribute to the identity and future character of the precinct and increase housing densities around quality public amenities and services. The development responds suitably to the ‘context’ principle of SEPP 65, considering the desired future character of the area.
2. SCALE	Yes
Comment: The scale of the development is in accordance with the required building height and setbacks for the precinct and provides an architectural composition that achieves the required pavilion built form to minimize bulk and scale. The scale of the development is considered appropriate for the site and consistent with the desired future character of the precinct.
3. BUILT FORM	Yes
Comment: The proposed building is well articulated on each elevation with a juxtaposition of vertical planes with horizontal framed elements with appropriate building indentations and balcony projections. The finishes proposed are a combination of acrylic render paint finishes, powdercoat cladding colourbond, facebrick, metal cladding and glass. Low pitched roofs above the pavilion forms and an increased top storey setback would minimise bulk and scale of the building. The proposal complies with the built form principle of SEPP 65.
4. DENSITY	Yes
Comment: The HLEP does not incorporate floor space ratio requirements for the site. The density of the development is governed by the height of the building and the required setbacks. The proposed density is considered to be sustainable as it responds to the regional context, availability of infrastructure, public transport, community facilities and environmental quality and is acceptable in terms of density.
5. RESOURCE, ENERGY AND WATER EFFICIENCY	Yes
Comment: The applicant has submitted a BASIX Certificate No. 596781M for the proposed development. In achieving the required BASIX targets for sustainable water use, thermal comfort and energy efficiency, the proposed development achieves the design criteria and is considered acceptable in this regard.
6. LANDSCAPE	Yes
Comment: The application includes a landscape concept plan which provides landscaping along the street frontages, side and rear boundaries The proposal has been designed to facilitate the retention of 8 trees on the subject and adjoining sites. Large trees are proposed along the street frontages including Brush Box, Tuckeroo and Spotted Gum trees and intercepted by shrubs and hedges which would soften the appearance of the development when viewed from the surrounding streets. Deep soil areas that incorporate canopy trees are provided around the building envelope which would enhance the development’s natural environmental performance and provide an appropriate landscaped setting.
7. AMENITY	Yes
Comment: The proposed units are designed to achieve natural ventilation, solar access and acoustic privacy. All units incorporate balconies accessible from living areas and privacy has been achieved through appropriate design. Storage areas would be provided in each unit. This is addressed in Section 2.4.6. The proposal would provide convenient and safe access via a central lift connecting the basement and all other levels. The proposal satisfies the ‘Amenity’ principle of SEPP 65.
8. SAFETY AND SECURITY	Yes
Comment: The design orientates the balconies and windows of individual apartments towards the street, rear and side boundaries, providing passive surveillance of the public domain and communal open space areas. Both the pedestrian and vehicular entry points are secured and visibly prominent from Kent Street. Appropriate security measures will be incorporated within the entry lobby such as the use of swipe cards or security coded locks. Pedestrian pathways to the main entry foyer have good clear lines of sight and low level landscaping to minimise hiding places potential anti-social behaviour. Lighting is to be provided along pathways and around entries to the building.
9. SOCIAL DIMENSIONS AND HOUSING AFFORDABILITY	Yes
Comment: The HDCP includes prescriptive measures for housing choice and for adaptable housing to provide for aging in place. The proposal provides a varied housing mix and adaptable housing and is supported in respect to this Principle.
10. AESTHETICS	Yes
Comment: The architectural treatment of the building is consistent with the design principles contained within the RFDC and HDCP. The aesthetic quality of the building would contribute to the desired future character of the precinct. The details of the assessment of the built form and the aesthetics of the development are contained in Section 2.11 of this report.

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

Residential Flat Design Code
Control	Proposal	Requirement	Compliance
Deep Soil Zone	42% (253m²)	25%(148m²)of communal open space	Yes
Communal Open Space	36%(595m²)	25%(408m²)- 30%(490m²)	Yes
Ground Level Private Open Space	<25m² 2 /6 units comply	25m² Min Dimension 4m	No
Minimum Dwelling Size	1 br – 63m²-80m² 2 br – 74m²-100m² 3 br – 97m²-107m²	1 br – 50m² 2 br – 70m² 3 br – 95m²	Yes Yes Yes
Maximum Kitchen Distance	<8m	8m	Yes
Minimum Balcony Depth	2.5m	2m	Yes
Ceiling Height	2.7m	2.7m	Yes
Total Storage Area	1 bed - 6m³ (Min) 2 bed - 8m³(Min) 3 bed - 10m³ (Min)	1 bed - 6m³ (Min) 2 bed - 8m³(Min) 3 bed - 10m³ (Min) 50% accessible from the apartments	Yes
Dual Aspect and Cross Ventilation	66.7% (22 units)	60%	Yes
Adaptable Housing	10%	10%	Yes
Single Aspect South Facing Units	10% (4units)	10%	Yes

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

2.7.1 Ground Floor Apartments and Private Open Space

The proposal does not comply with the Code’s best practice for the 4 metre minimum width dimension nor the 25m² ground level private open space requirement. However, the proposed ground floor terraces and balconies are considered appropriate for the respective ground floor units in respect to dwelling size, aspect, unit configuration and amenity. Furthermore, the non-compliance is in response to the requirement of the HDCP for communal open space to provide a landscape setting for the development. The size of the ground floor open space areas comply with the minimum requirements of the HDCP.

The numerical non-compliance is considered minor and is acceptable.

2.7.2 Apartment Layout

The proposed development includes a mix of single aspect and corner units including one, two and three bedroom apartments. The apartment sizes range to address the Code’s requirements for affordable housing and well-organised, functional and high quality apartment layouts. The majority of units would be well ventilated and some corner units would be provided with dual aspect balconies.

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

2.7.3 Internal Circulation

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

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

2.7.4 Acoustic Privacy

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

2.7.5 Storage

The proposed building includes resident storage areas for the apartments, accessed from a hall or living room. In addition, storage cages are provided in the basement for each unit. A condition is recommended to ensure that each dwelling within the development must have a minimum area for storage of 6m³ for one bedroom units, 8m³ for two bedroom units and 10m³ for three bedroom units, where at least 50% is required to be located within the apartment and provided in addition to bedroom and kitchen cupboards.

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

2.8 Draft State Environmental Planning Policy No 65 – Design Quality of Residential Flat Development (Amendment No 3)

The draft amendment is to revise the Policy following review by the Department of Planning and Environment. The amendments include objectives to meet housing and population targets, affordable housing and to facilitate timely and efficient assessment of development applications. The amendments would replace the Residential Flat Design Guidelines with an Apartment Design Code which prevails in the event of any inconsistency with a Development Control Plan. The amendments would make further provision for design review panels, include additional provisions for the determination of development applications and for standards for ceiling height, apartment area and car parking, which cannot be used as grounds for refusal of development consent.

The proposed development would not be inconsistent with the provisions of the draft Policy and the requirements of the Apartment Design Code.

2.9 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005

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

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

The proposed development would have minimal potential to impact on the Sydney Harbour Catchment.

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

2.11 Hornsby Development Control Plan 2013

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

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

Hornsby Development Control Plan 2013
Control	Proposal	Requirement	Compliance
Site Width	32.6m (Carlingford Road) 44.2m (Kent Street)	30m	Yes Yes
Height	5 storey including mezzanines – 17.5m	5 storeys – 17.5m	Yes
Maximum Floorplate Dimension	35m (N-S) 24.4m (E-W)	35m 35m	Yes Yes
Building Indentations	E (side) 4m x 4m W (side) 4m x 4m	4m x 4m	Yes Yes
Height of Basement Above Ground	1m	1m (max)	Yes
Front South Setback (Carlingford Road)	10m 8m < 1/3 building (8m length) 7m (balconies)	10m 8m < 1/3 building (8m length) 7m (balconies)	Yes Yes Yes
Transitional Side/Front Setback (Kent Street)	6m-10m 4m > 1/3 building (12m)	4m to 6m 4m < 1/3 building (11.6m)	Yes No
Side North Setback	6m 4m <1/3 of building (7m length)	4m / 6m 4m <1/3 of building (8m length)	Yes Yes
Side East Setback	6m setback Balconies at 5m <1/3 of building	4m / 6m 4m <1/3 of building (11.6m length)	Yes Yes
Top Storey Setback from Ground Floor	1-3m	3m	No
Underground Parking Setback	7m-front (south) 4m- side (north) 4m-side (east) 4m- front/side (west)	7m-front 4m- side north 4m-side (east) 4m- front/side (west)	Yes Yes Yes Yes
Basement Ramp Setback	2m	2m	Yes
Deep Soil Landscaped Areas	7m-front (south) 4m side (north) 4m-side (east) 4m-side/front (west)	7m front and rear 4m sides	Yes Yes Yes Yes
Private Open Space with min width 2.5m	1br units >10m² 2 br units >12m² 3 br units >16m²	1br units 10m² 2 br units 12m² 3 br units 16m²	Yes
Communal Open Space with Minimum Dimensions 4m	50m² (min) 36%(595m²)	50m² (min) 25% (408.42m²)	Yes
Parking (Site within 800m of Railway Station)	35 resident spaces 5 visitor spaces 7 bicycle space 4 bicycle visitor space 1 motorbike space	35 resident spaces 5visitor spaces 7bicycle tracks 4 visitor bicycle racks 1 Motorbike space	Yes Yes Yes Yes Yes
Solar Access	57.6%	70% units 2 hours 9am-3pm	No
Housing Choice	10% (4) of each type 4 x 1 bed 24 x 2 bed 5 x 3 bed	10% of each type (min)	Yes
Adaptable Units	(10 units) 30%	30%	Yes

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

2.11.1 Desired Future Character

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

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

2.11.2 Site Requirements

The HDCP requires sites to have a minimum frontage of 30m. The subject site has a frontage of 32.6m to Carlingford Road and 44.2m to Kent Street and complies with this requirement. The development would not result in isolation of any site and is assessed as satisfactory in this regard.

2.11.3 Setbacks

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

Front/Side Setback (Kent Street)

A transitional setback is provided for the proposed building fronting Kent Street. A side setback of 4-6m is provided on the south western portion of the building, increasing to 8-10m in the north western portion of the site. There is a minor non-compliance of 0.4m in length encroaching upon the boundary. However, this is considered an acceptable setback to Kent Street given the siting of future development on the adjoining property to the north.

Top Storey Setback

The majority of the building incorporates a 3m building setback for the top storey on all sides. However, there is a small non-compliance on the Kent Street elevation. As the building design provides 4m x 4m indentations on each elevation, a balanced juxtaposition of horizontal and vertical blade elements, interesting fenestration and wrap around balconies, the overall building is considered to be well articulated. In this regard, the minor non-compliance to the top storey setback is considered to be acceptable.

2.11.4 Built Form and Separation

Built form is discussed below in terms of both floor-plates and articulation.

Floor-Plates

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

Articulation

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

· The facades have been divided into vertical ‘panels’.

· The inclusion of wrap around balconies, vertical and horizontal blade elements, stepped levels of the building, flat roof and large proportion of openings at the topmost storey.

· The building would incorporate a varied use of finishes including acrylic render paint finishes, powdercoat cladding colourbond, facebrick, metal cladding and glass and white and dark colour palette.

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

2.11.5 Landscaping

The landscaping provisions of the HDCP prescribes that a 7m wide landscaped area is to be provided at the front and a 4m wide landscaped area is provided along the side boundaries. The design of the basement generally achieves the prescribed setbacks.

A total of 36% equivalent to 595 square metres of the development site has been provided for landscaping and communal open spaces. Tree planting (endemic canopy trees as indicated in the conceptual landscape plan) is provided within each setback to contribute to the quality of the streetscape and reduce the impact of the bulk and scale of the development. The setbacks include deep soil planting of a variety of medium to large sized native trees and shrubs to provide privacy and screen walls. Lower level planting is used to demarcate the front boundary with ornamental planting to highlight the main pedestrian entry to the site.

The landscape plan indicates that medium sized evergreen trees including 9 x Elaeocarpus reticulatus (Blue Berry Ash) which grow to a mature height of 8m are proposed to be planted within the 2m setback on the northern boundary adjacent to the driveway. This complies with the HDCP requirement that trees that reach a mature height of at least 6m to 7m be provided in the side setbacks.

The extent of hard stand areas are confined to the northern side of the site and appropriate provision has been made for deep soil areas to accommodate mature canopy trees, within the front, rear and side setback and achieves an appropriate landscape setting.

Below ground on-site detention (OSD) tanks are to be provided at the front, north western corner of the site within the driveway. The tanks have been located in an appropriate location considering the slope of the site and Council’s existing street drainage system in Kent Street. Additional tree planting conditions are recommended for the front and side setbacks. The trees are capable of reaching mature heights of at least 10-12m in the front and side setbacks. Subject to conditions the proposal is considered acceptable in terms of the prescriptive measures of the landscaping element of the HDCP.

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

2.11.6 Open Space

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

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

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

2.11.7 Privacy and Security

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

In terms of security, the proposal comprises an identity safe, clear and direct pedestrian entrance to the centrally located foyer of the building from Kent Street. Passive surveillance is achieved by the orientation of private open space and living room windows of units being oriented to the street and rear, communal open spaces on the site.

2.11.8 Sunlight and Ventilation

The application has submitted solar access diagrams and a Solar Access and Cross Ventilation Report prepared by Steve King Consultant, demonstrating solar access for individual units. As the site is located within a redevelopment precinct, the solar access analysis has taken into account the overshadowing impacts from future five storey development on adjoining sites.

The subject site is likely to receive some adverse overshadowing of the lower storeys, from developments on the adjacent properties to the north and east. The relationship of True North to the side boundaries is such that three hours of solar access is not available to the side elevations of any building built on the site.

The applicant submits that 57% (19 units) would receive a minimum 2 hours solar access between 9am and 3pm during the Winter Solstice. To comply, an additional 4 units are required to achieve solar access and this would be possible if the sun is included from 8am until 4pm. The number of apartments that are projected to receive over 2hours of sun to living areas and private open space is 72.7% (24units).

Based on Council’s assessment, with the extended hours the proposal would comply with the sunlight access requirements for units under the HDCP and is acceptable in this regard.

2.11.9 Housing Choice

The proposed development includes a mix of one, two and three bedroom units and adaptable housing units which complies with the prescriptive measures. A dual key unit is also proposed however this would be required to be modified to a 3 bedroom unit, as per condition. It is considered that the dual key unit would reduce the number of 3 bedroom units available required by the market as demonstrated through Council’s Housing Strategy which aims to provide a mix of housing types and sizes to match the demographic diversity of Hornsby Shire. A total of 10 out of 33 units are proposed as adaptable units which exceeds the 30% requirement of the HDCP. The proposal complies with the prescriptive measures of the HDCP and the RFDC.

2.11.10 Vehicular Access and Parking

The proposed car parking complies with the required spaces for residents and visitor spaces and provides for 1 motor cycle space. The proposed basement car park is over two levels and is accessed via a 6.1m wide driveway from Kent Street. The driveway width, ramp gradients and aisle widths are assessed as satisfactory. The basement level includes sufficient storage areas for residents and bicycle parking areas and complies with the prescriptive measures of the HDCP.

2.11.11 Waste Management

The proposal includes a waste management plan with details of waste management during the construction stage and use and on-going management.

A garbage chute and a recycling bin are provided on each level. For 33 dwellings, the development would require 3 x 660L garbage bins serviced twice weekly, 7x 240L recycling bins serviced weekly and 1 x 660L cardboard/paper bin. The ground floor bin room is of sufficient size to house the required number of bins. Volume handling equipment arrangements have also been provided. A bulky waste storage area of more than 8m² is shown on the plans in Basement 2. All bin transfers between the waste facility on each level and the basement garbage are to be carried out by the site caretaker.

The proposal includes the bin collection area at the ground floor adjacent to the driveway, SRV waste collection vehicles would stand on the driveway to collect waste bins.

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

2.11.12 Cliff Road, Epping Precinct

The strategy for redevelopment of the precinct is to incorporate five storey residential flat buildings in garden settings with parking in basements. The development would provide for a landscaped setting and a built-form that is consistent with the desired outcome for the Cliff Road, Epping Precinct.

2.11.13 Stormwater Management

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

2.11.14 Acoustic Assessment

The applicant provided an Acoustic Assessment prepared by Acoustic Logic which provides the results of an assessment of the traffic noise impacts on the amenity of future tenants of the proposed development. The report concludes that provided treatments to the internal and external walls are employed, internal noise levels shall comply with the Hornsby Shire Council Code of Practice for Sound Insulation of Residential Buildings and Australian Standard AS2107. Subject to recommended conditions, the application is assessed as satisfactory with regard to the HDCP.

2.11.15 Accessible Design

The applicant provided an Access Compliance and Assessment report prepared by Certified Building Specialists which submits that the development proposes continuous barrier free access to all floors via a lift. The proposal complies with the requirements of the HDCP with regard to the provision of adaptable and accessible units. The disabled car spaces within the basement levels are designed to comply with AS2890.6-2009 Parking facilities – Off Street parking for people with a disability.

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

2.12 Section 94 Contributions Plans

Hornsby Shire Council Section 94 Contributions Plan 2012-2021 applies to the development as it would result in an additional X residential dwellings in lieu of the 3 existing residences. Accordingly, the requirement for a monetary Section 94 contribution is recommended as a condition of consent.

3. ENVIRONMENTAL IMPACTS

3.1 Natural Environment

3.1.1 Tree and Vegetation Preservation

The proposed development does not include the removal of any significant trees. An Aboricultural Assessment and Impact Report prepared by Horticultural Management Services was submitted with the application, which confirmed ten exotic trees would be removed from the site and eight trees on, and surrounding, the site would be retained.

Council’s tree assessment does not raise objection to the proposed removal of ten exotic trees, subject to replacement planting in accordance with the submitted landscape plan with a range of thirty four new species that includes locally native plant species to achieve canopy trees, a shrub layer and ground covers. Two additional Bottlebrush street trees would supplement the existing trees on Kent Street. Subject to conditions requiring replanting and on-going maintenance of the landscaped areas, the development would achieve a landscape setting and would be acceptable with respect to natural environment.

The proposal is acceptable in relation to the natural environment.

3.2 Built Environment

3.2.1 Built Form

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

3.2.2 Traffic

A Traffic and Parking Assessment Report prepared by Varga Traffic Planning was submitted with the proposal which notes that the proposed development would result in 30 additional units and is not classified as a traffic generating development. Council has undertaken an assessment of the likely traffic to be generated due to the proposed development using RMS Traffic generation rates. The traffic generation of the proposal is estimated to be 10 vehicles per hour in the peak period, which is negligible in comparison with the traffic volumes on the surrounding road network.

Although this additional traffic may appear to be negligible when compared with the traffic volumes on the adjacent road network for this development alone, the cumulative traffic impacts of all sites earmarked for redevelopment in the precinct would be significant. The cumulative impact has been considered in the strategic transport model for Epping Town Centre Urban Activation Precinct (ETCUAP). The State Government has committed funding to address short term (to 2016) regional traffic growth. The traffic study acknowledged that although the works identified would assist traffic flows, strategies to manage demand by reducing car usage will be more critical than strategies to increase capacity of existing roads.

3.3 Social Impacts

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

3.4 Economic Impacts

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

4. SITE SUITABILITY

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

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

5. PUBLIC PARTICIPATION

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

5.1 Community Consultation

The proposed development was placed on public exhibition and was notified to adjoining and nearby landowners between 19 December 2014 and 10 February 2015 in accordance with the Notification and Exhibition requirements of the HDCP. During this period, Council received 1 submission. The map below illustrates the location of those nearby landowners who made a submission that are in close proximity to the development site.

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

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

· Unacceptable traffic on local streets during construction;

Comment: To ensure the traffic would be managed during construction a condition is imposed for a traffic control plan to be submitted to Council which would detail temporary construction signage, vehicle movements and traffic management plans.

· Development that is excessive in bulk and scale adjacent to low density zone.

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

5.2 Public Agencies

5.2.1 Roads and Maritime Services

The application was referred to the Roads and Maritime Services (RMS) for comments under the provisions of Section 138 of the Roads Act 1993. RMS raises no objections on traffic grounds.

6. THE PUBLIC INTEREST

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

CONCLUSION

The application seeks approval for the demolition of existing structures and the construction of a five storey residential flat building comprising 33 units with basement car parking. The proposed development would be located on a site within a locality zoned as a high density precinct.

The proposed development is generally in accordance with the development controls for the ‘Cliff Road, Epping’ Precinct of the Hornsby Development Control Plan and would contribute to the future desired five storey residential character of the precinct. The minor non-compliance with prescriptive measures for setbacks and landscaping are considered acceptable. The proposal generally complies in respect to the Hornsby Local Environmental Plan 2013, the design principles of SEPP 65 and the Residential Flat Design Code.

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

RESPONSIBLE OFFICER

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

Rod Pickles

Manager - Development Assessment

Planning Division

James Farrington

Group Manager

Planning Division

Attachments:

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

File Reference: DA/1576/2014

Document Number: D05887994

SCHEDULE 1

GENERAL CONDITIONS

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

1. Approved Plans and Supporting Documentation

Plan No.	Plan Title	Drawn by	Dated
D-00 Issue E	Cover Sheet	Zhinar Architects	10/6/2015
A-01 Issue A	Site Analysis	Zhinar Architects	12/12/2014
A-02 Issue A	Urban Context	Zhinar Architects	12/12/2014
D-DA_D 03 Issue E	Basement 2	Zhinar Architects	10/6/2015
D-DA_D 04 Issue E	Basement 1	Zhinar Architects	10/6/2015
D-DA_D 05 Issue E	Ground Floor	Zhinar Architects	10/6/2015
D-DA_D 06 Issue E	First Floor	Zhinar Architects	10/6/2015
D-DA_D 07 Issue E	Second Floor	Zhinar Architects	10/6/2015
D-DA_D 08 Issue E	Third Floor	Zhinar Architects	10/6/2015
D-DA_D 09 Issue E	Fourth Floor	Zhinar Architects	10/6/2015
D-DA_D 10 Issue E	Fourth (Upper) Floor	Zhinar Architects	10/6/2015
D-DA_D 11 Issue E	Roof	Zhinar Architects	10/6/2015
D-DA_D 12 Issue E	Section 1	Zhinar Architects	10/6/2015
D-DA_D 13 Issue E	Section 2	Zhinar Architects	10/6/2015
D-DA_D 14 Issue E	Elevations-North & East	Zhinar Architects	10/6/2015
D-DA_D 15 Issue E	Elevations South & West	Zhinar Architects	10/6/2015
D-DA_D 16 Issue E	Street Fence Elevations	Zhinar Architects	10/6/2015
D-DA_D 17 Issue D	Shadow Study	Zhinar Architects	2/6/2015
D-DA_D 18 Issue E	Material Schedule	Zhinar Architects	10/6/2015
14/1763 Sheet No: 1 of 2 Issue C	Landscape Site Plan	Paul Scrivener Landscape Architecture	11.12.2014
14/1763 Sheet No: 2 of 2 Issue C	Planting Plan/Landscape Calculations Plan/Details	Paul Scrivener Landscape Architecture	11.12.2014
D1 Issue D	Details, Notes and Legend	Donovan Associates	7/4/2015
D2 Issue D	Stormwater Management Basement Level 2 Floor Plan	Donovan Associates	7/4/2015
D3 Issue D	Stormwater Management Basement Level 1 Floor Plan	Donovan Associates	7/4/2015
D4 Issue D	Stormwater Management Basement Site/Ground Floor Plan	Donovan Associates	7/4/2015
D5 Issue D	Roof Drainage Plan and Stormwater Details	Donovan Associates	7/4/2015
D6 Issue D	OSD Details & Calculations	Donovan Associates	7/4/2015
D7 Issue D	Sediment Control Plan	Donovan Associates	7/4/2015
D8 Issue D	Sediment Control Details	Donovan Associates	7.4.2015

Document Title	Prepared by	Dated
Solar Access and Cross Ventilation	Steve King Consultant	23/4/2015
Traffic and Parking Assessment Report Ref 14730	Varga Traffic Planning	10/12/2014
Statement of Environmental Effects	Allan Caladine Town Planner	December 2014
SEPP 65 Design Verification Statement Issue A	Zhinar Architects	December 2014
Basix Certificate Number: 596781M	Newpeake	10 December 2014
Survey Kent1	Conolly Surveying	28/9/2014
Class 2 Building Project Certificate 1007106782	Association of Building Sustainability Assessors	10/12/2014
Aboricultural Assessment and Impact Report	Horticultural Management Services	17^th November 2014
DA Acoustic Assessment -20141295.1/0512A/RO/MF	Acoustic Logic	5/12/2014
Registered Quantity Surveyors Cost Report	Quantity Surveyors Project Managers	15/12/2014
Access Compliance Assessment Report No. A409911	Certified Building Specialists	11/12/2014
Waste Management Plan Job No. 8376		9/12/2014

2. Removal of Existing Trees

This development consent only permits the removal of tree(s) numbered 6, 7, 9, 10, 13, 14, 15, 16, 17, and 18 as identified on Tree Identification Plan (Fig.5) prepared by Horticultural Management Services dated 17 November 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).D1.5

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. Amendment of Plans

The approved plans are to be amended as follows:

a) Unit 06 on the ground floor plan being a three bedroom unit shall be amended to delete reference to a dual key unit.

5. Section 94 Development Contributions

Description	Contribution (4)
Roads	$22,315.30
Open Space and Recreation	$401,396.70
Community Facilities	$55,969.65
Plan Preparation and Administration	$1,649.45
TOTAL	$481,331.10

being for 6 x 1 bedroom units, 26 x 2 bedroom units and 4 x 3 bedroom units and 3 existing allotments.

b) The value of this contribution is current as at 10/6/2015. 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)

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. Water/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) Telstra – a letter of consent demonstrating that satisfactory arrangements have been made to service the proposed development.

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

10. Dilapidation Report

A ‘Dilapidation Report’ is to be prepared by a ‘chartered structural engineer’ detailing the structural condition of Nos. 33 and 35 Cliff Road, Epping.

11. Adaptable Units

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

12. Letter Boxes

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

13. Storage

Each dwelling within the development must have a minimum area for storage (not including kitchen and bedroom cupboards) for 6m³for 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.

14. Road Works

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

a) Removal of existing kerb and gutter along the Kent Street and Carlingford Road frontages of the development and reconstruction of Council standard 150 mm integral kerb and gutter on the alignment and level of the existing kerb and gutter.

b) A concrete footpath to be constructed within the road verge on the Kent Street and Carlingford Road frontages with the remaining area turfed. The work shall also provide reconstruction of the local traffic management kerb blister and Council’s standard pram ramp on the corner of Kent Street and Carlingford Road.

c) The Kent Street road shoulder pavement width of 3.0m shall be removed and reconstructed. The existing road pavement in Carlingford Road shall adjusted in accordance with the requirements of Roads and Maritime Authority.

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

e) Pursuant to s138 Roads Act 1993, application shall be made to Hornsby Council and Roads and Maritime Services for consideration and approval for all road works. The Applicant shall pay the Roads Authorities’ fees for plan assessment and compliance inspections. Early application shall be made to Roads Authorities in to order to permit reasonable assessment time prior to proposed construction.

15. Vehicle Crossing

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

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

b) The footway area must be restored by turfing.

16. Traffic Control Management Plan

A Traffic Control Management Plan (TCMP) 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 prior to the issue of a construction certificate. The TCMP must detail the following:

a) Arrangements for public notification of the works.

b) Number of trucks

c) Detailing construction vehicle routes

d) Temporary construction signage.

e) Road Occupancy Licensing and work dates where required for Classified Roads

f) Vehicle movement plans.

g) Traffic management plans.

h) Access arrangements

i) Hours of operation

j) Pedestrian and cyclist access/safety.

The Traffic Control Plan shall be submitted to Council for approval prior to the issue of the Construction Certificate.

17. Construction Vehicles

All construction vehicles associated with the proposed development are to be contained on site or in a Local Traffic Committee (LTC) approved “Work Zone”.

18. Internal Driveway/Vehicular Areas

The driveway and parking areas on site must be designed in accordance with Australian Standards 2890.1, 2890.2, 2890.6 and the following requirements:

a) Design levels for the front boundary crossing must be obtained from Council.

19. Stormwater

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

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

b) The development is to provide a water harvesting system in accordance with Council’s HDCP s1C.1.2.j. Details of the internal roofwater harvesting system are to be shown on the Engineer’s drainage plans.

20. 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 17.7 cubic metres, and a maximum discharge (when full) of 36 litres per second.

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

d) A surcharge drainage system with capacity of draining stormflows in excess of the 20 year average recurrence interval shall be designed and constructed in the system.

21. Waste Management Details

The following waste management requirements must be complied with:

a) The access way (including ramp, vehicle turning area, loading bay and site entry/exit) to be used by waste collection vehicles, must be designed in compliance with Australian Standard AS2890.2-2002 Parking Facilities Part 2: Off-street Commercial Vehicle Facilities for heavy rigid vehicles.

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

22. 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.

23. 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.

24. Toilet Facilities

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

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

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

25. 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.

26. Tree Protection Barriers

Tree protection fencing must be erected around trees numbered T1, T2, T3, T4, T5, T8, T11 and T12 to be retained at the nominated Tree Protection Zone (TPZ) distances 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 (4.3 - Fig.3). Tree fencing may be repositioned to facilitate public thoroughfare outside the property and where appropriate root protection is applied in accordance with AS 4970, Section 4.5, under the direction of the project arborist.

Tree Protection Zones (TPZ)

TREE	TPZ
T1, T2, T3, T4, T5	3m
T8, T11, T12	4m

27. Tree Root Protection

Prior to works commencing and throughout construction, the fenced Tree Protection Zone (located on the property) of trees T1, T2, T3, T4, T5 is to be protected by the use of wood-chip mulch. Wood-chip mulch is to bed installed on top of a geotextile landscape fabric, placed over the root zone of the trees. 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.

28. 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.

REQUIREMENTS DURING CONSTRUCTION

29. Construction Work Hours

All work on site (including demolition and earth works) must only occur between 7am and 5pm Monday to Saturday (unless otherwise approved by Council in writing due to extenuating circumstances). No work is to be undertaken on Sundays or public holidays.

30. 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;

31. Environmental Management

32. Street Sweeping

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

33. Works Near Trees

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

34. Project Arborist

During the construction phase of the development the Project Arborist must regularly (monthly) assess the condition of trees and the growing environment and make recommendations for, and if necessary carry out remedial action to ensure the health and vigour of the trees. A certificate must be submitted by the Project Arborist to the principal certifying authority detailing why remedial action is being undertaken and the methods used to preserve the trees.

35. Root Pruning

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 trees.

36. Drilling/Boring

The installation of any services within the nominated Tree Protection Zone of any tree to be retained, shall utilise the thrust boring method. Thrust boring shall be carried out so that ‘top of pipe’ is a minimum 700mm depth beneath existing ground level.

All personnel (the applicant, contractors, service providers, principal certifying authority) involved with this development are to ensure that no excavation, including sub-surface trenching for stormwater or other services or the filling or stockpiling of building materials, parking of vehicles or plant, the use of machinery other than hand held, disposal of cement slurry, waste water or other contaminants is to occur within the Tree Root Zone as prescribed in the HDCP Section 1B.6.1(i) of any tree to be retained.

37. Council Property

38. 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.

39. Landfill

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

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

40. Excavated Material

41. 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.

42. Waste Management Details

a) The identity of the person removing the waste.

b) The waste carrier vehicle registration.

c) Date and time of waste collection.

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

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

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

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

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION OR SUBDIVISION CERTIFICATE

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

43. Fulfilment of BASIX Commitments

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

44. Acoustic Report

A certificate must be provided by a suitably qualified acoustic engineer certifying that all the recommendations contained within the acoustic report prepared by Acoustic Logic and dated 5/12/2014 and the requirements of the Australian Standard AS2107 have been complied with.

45. Sydney Water – s73 Certificate

An s73 Certificate must be obtained from Sydney Water.

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.

46. Damage to Council Assets

Any damage caused to Council’s assets as a result of the construction or demolition 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.

47. Creation of Easements

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

a) Consolidation of the subject lots;

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 is to be clearly indicated on the title.

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.

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. Planter Boxes/ On Slab Planting

50. Additional Planting

Additional tree planting to the on-grade landscape setback areas must include:

a) Southern side (Carlingford Road Frontage) Boundary three (3) x Corymbia maculata (Spotted Gum) Trees shall be installed at minimum 100 litre pot size.

b) Western side (Kent Street) Boundary two (2) x Waterhousia floribunda and two (2) x Cupaniopsis anacardoides (Tuckeroo). Trees shall be installed at minimum 45 litre pot size.

c) Eastern side Boundary four (4) x Cupaniopsis anacardoides (Tuckeroo). Trees shall be installed at minimum 45 litre pot size.

51. Street Tree Plantings

The existing Golden Robinia street tree on Kent Street identified as tree 8 in the Arboricultural Report is to be removed and replaced with one (1) Lophostemon confertus (Brush Box). The street trees nominated as TRL (Water Gums) to the Kent Street verge are to be replaced with Lophostemon confertus (Brush Box). Trees shall be installed at minimum 200 litre pot size.

52. Retaining Walls

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

53. Boundary Fencing

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

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

54. External Lighting

55. Garbage Collection Easement

56. Provision for National Broadband Network (NBN)

Provision must be made for fibre ready passive infrastructure (pits and pipes) generally in accordance with NBN Co.'s pit and pipe installation guidelines to service the proposed development. A certificate from NBN Co. or Telstra must be submitted to the PCA that the fibre optic cabling provided for the development complies with MDU Building Design Guides for Development.

57. Unit Numbering

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

58. Waste Management Details

The following waste management requirements must be complied with:

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

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

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

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

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

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

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

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

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

Note: Ramps between different levels are acceptable.

f) Prior to the issue of the Subdivision/Occupation Certificate, a survey must be carried out and a report must be prepared by a registered surveyor and submitted to the principal certifying authority, verifying that: The finished access way (including ramp, vehicle turning area, loading bay and site entry/exit) to be used by waste collection vehicles, has been constructed in compliance with Australian Standard AS2890.2-2002 Parking Facilities Part 2: Off-street Commercial Vehicle Facilities for heavy rigid vehicles.

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.

59. Works as Executed Plan

60. 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.

61. Final Certification

Where works have been undertaken within the Tree Root 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.

OPERATIONAL CONDITIONS

62. Noise

63. Car Parking

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

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

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

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

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

64. Landscaping

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

65. Residential Car Parking

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

66. Visitor Access

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

67. Disabled Parking

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

68. Bicycle Parking

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

69. Motorcycle Parking

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

70. Access for Garbage Vehicles

Access for garbage vehicles is to satisfy the requirements of Council’s Waste Management Branch.

71. 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, decanting the 240 L garbage bins into the 660 L garbage bins, managing the communal composting area, managing the bulky item storage area, arranging the prompt removal of dumped rubbish, and ensuring all residents are informed of the use of the waste management system. The site caretaker must be employed for a sufficient number of hours each week to allow all waste management responsibilities to be carried out to a satisfactory standard.

72. Fire Safety Statement - Annual

73. Landscaping Establishment

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

- END OF CONDITIONS -

ADVISORY NOTES

Environmental Planning and Assessment Act 1979 Requirements

The Environmental Planning and Assessment Act 1979 requires:

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

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

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

· Mandatory inspections of nominated stages of the construction inspected.

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

Long Service Levy

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

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

Tree and Vegetation Preservation

Tree Protection Zones (TPZ)

HDCP Section 1B.6.1 (i).	TPZ
Trees with a diameter at breast height greater than 800mm	9m
Trees with a diameter at breast height between 400mm & 800mm	7m
Trees with a diameter at breast height less than 400mm	4m

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

Occupation Certificate Requirements

Certificates are required to be lodged with Council containing the following information:

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

Dial Before You Dig

Telecommunications Act 1997 (Commonwealth)

Asbestos Warning

www.environment.nsw.gov.au

www.nsw.gov.au/fibro

www.adfa.org.au

www.workcover.nsw.gov.au

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

House Numbering

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

Group Manager’s Report No. PL51/15

Planning Division

Date of Meeting: 8/07/2015

9 DEVELOPMENT APPLICATION - RECREATION FACILITY - 30 PEEBLES ROAD, FIDDLETOWN

EXECUTIVE SUMMARY

DA No:	DA/1352/2014 (Lodged 15 November 2014)
Description:	Proposed recreation facility – motorcycle track
Property:	Lot 32 DP 1149747, No. 30 Peebles Road, Fiddletown
Applicant:	Mr Gary David Saunders
Owner:	Mrs A Saunders and Mr G D Saunders
Estimated Value:	$10,000
Ward:	A

· The application involves a proposed recreation facility, namely a motorcycle track.

· The proposal complies with Hornsby Local Environmental Plan 2013 and is generally satisfactory in respect to the requirements of Hornsby Development Control Plan 2013 subject to recommended conditions.

· The proposed motorcycle track is designed with regard to Motorcycling Australia Track Guidelines and is to operate in accordance with a Track Management Plan limiting the number of riders and hours of operation.

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

· It is recommended that the application be approved.

RECOMMENDATION

THAT Development Application No. DA/1352/2014 for construction of a recreation facility – motorcycle track at Lot 32 DP 1149747, No. 30 Peebles Road, Fiddletown be approved subject to the conditions of consent detailed in Schedule 1 of Group Manager’s Report No. PL51/15.

BACKGROUND

On 4 November 2009 Council approved DA/914/2009 for rural subdivision of one lot into two. The subject site comprises one of the approved lots.

SITE

The site has an area of 3.8 hectares and a frontage of 248.18m to the eastern side of Peebles Road. The site is relatively level and cleared over the western part and slopes more steeply to bushland along the eastern boundary of the site. The site is elevated to the surrounding area being located on a ridge of farming land between Arcadia and Fiddletown (locality).

The site includes an existing metal shed building, a dressage arena and three dams. The eastern part of the site forms the headwaters of a watercourse which commences below the dams on the site. The watercourse forms a tributary of Fiddletown Creek, Marramarra Creek and the Hawkesbury River.

The neighbouring properties include small rural holdings along Peebles Road and comprise orchards, poultry farms, small scale livestock enterprises and flower growing. The surrounding area is bushland.

The site is within a bushfire prone area. The bushland along the eastern part of the site and adjoining Crown land is identified as Grey Gum – Scribbly Gum Woodland.

The site is located approximately 12 km north of Dural.

PROPOSAL

The proposal is for the construction and use of a motorcycle track. The proposed 4m wide track would occupy an area of approximately 600m² and have an overall length of 250m over a winding course featuring obstacle sections.

The proposed track is for the use of the applicant’s children.

The application includes a Track Management Plan which limits the number of motorcycle riders on the track to three and limits the hours of track use to the following:

School Weeks

Fridays – between 3.30pm and 5.30pm

Saturdays – between 9.30am and 11.00am and between 2.30pm and 4.00pm

School Holidays

Mondays – between 3.30pm and 5.30pm

Wednesdays – between 3.30pm and 5.30pm

Fridays – between 3.30pm and 5.30pm

The applicant submits the use of the motorcycle track is in association with a proposed dwelling house for which plans are being prepared by Kurmond Homes.

The proposed track is designed with regard to Motorcycling Australia – Track Guidelines, 1^st Edition – January 2012.

ASSESSMENT

1. STRATEGIC CONTEXT

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

The proposed development would not substantially alter the potential of the land for agricultural use and would not be inconsistent with ‘A Plan for Growing Sydney’.

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 part RU1 Primary Production and part E3 Environmental Management under the HLEP. The objectives of the RU1 Primary Production zone are:

(a) To encourage sustainable primary industry production by maintaining and enhancing the natural resource base.

(b) To encourage diversity in primary industry enterprises and systems appropriate for the area.

(c) To minimise the fragmentation and alienation of resource lands.

(d) To minimise conflict between land uses within this zone and land uses within adjoining zones.

(e) To encourage land uses that support primary production, including low-scale and low-intensity tourist and visitor accommodation and the provision of farm produce direct to the public.

(f) To ensure that development does not unreasonably increase the demand for public infrastructure, services or facilities.

The objectives of the E3 Environmental Management zone are:

(a) To protect, manage and restore areas with special ecological, scientific, cultural or aesthetic values.

(b) To provide for a limited range of development that does not have an adverse effect on those values.

(c) To protect the natural environment of steep lands and floodplains within the catchment of the Hawkesbury River.

The proposed development is defined as ‘recreation facility (outdoor)’ and is permissible in the RU1 Primary Production zone and the E3 Environmental Management zone with Council’s consent. The HLEP Dictionary under Schedule 5 includes the following definition:

Recreation facility (outdoor) means a building or place (other than a recreation area) used predominantly for outdoor recreation, whether or not operated for the purposes of gain, including a golf course, golf driving range, mini-golf centre, tennis court, paint-ball centre, go-kart track, rifle range, water-ski centre or any other building or place of a like character used for outdoor recreation (including any ancillary buildings), but does not include an entertainment facility or a recreation facility (major).

The proposed development is of sufficient scale to accord with the definition and warrant development consent. The proposed motorcycle track is for private use by the applicant’s children as proposed in the submitted Plan of Management and in association with a future dwelling house on the site. In this regard, a condition is recommended to limit consent to a period of two years.

It should be noted that consent is sought for the construction of a motorcycle track. The riding of motorcycles in association with rural land use of the site would not otherwise require consent.

2.1.2 Heritage Conservation

2.1.3 Earthworks

The proposal involves use of fill for the formation of the proposed track. The applicant has submitted an analysis of the fill material which determined the material provides no unacceptable risk to human health and the environment and is free from contaminants.

The proposal includes sediment and erosion control measures to protect downstream water quality. Accordingly, the proposed earthworks are unlikely to result in impacts on the surrounding environment subject to recommended conditions.

2.2 State Environmental Planning Policy No. 44 - Koala Habitat Protection

The Policy provides for the protection of koala habitat on sites greater than one hectare in size. The Policy includes steps to establish potential and core koala habitat and whether consent can be granted for development.

The site includes bushland along the eastern boundary identified as ‘Grey Gum – Scribbly Gum Woodland’. This vegetation community includes Eucalyptus punctata (Grey Gum) and Eucalyptus haemastoma (Broad Leaved Scribbly Gum) tree species which are identified under Schedule 1 of the Policy as feed tree species for koalas.

The Koala food trees were inspected by Council for signs of Koala usage including scratch and claw marks on the trunk and scats around the base of each tree. No Koalas were observed and no evidence of Koala habitation were located on the site.

The site is considered not to form core Koala habitat as defined by the Policy.

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

The application has been assessed against the requirements of State Environmental Planning Policy No. 55 – Remediation of Land under which consent must not be granted to the carrying out of any development on land unless the consent authority has considered whether the land is contaminated or requires remediation for the proposed use.

The site forms part of an approved subdivision subject to previous assessment for soil contamination. The assessment report Preliminary Environmental Site Investigation dated 15 March 2010 prepared by Hayes Environmental Consulting Pty Ltd included the following comment:

Site soils were not regarded as representing a significant risk to human health, the environment or the aesthetic enjoyment of the land. The natural, clay-dominated soils underlying the site did not appear to have been significantly impacted by imported filling materials, or past land uses. On this basis, the site was regarded as being suitable for residential land use, in accordance with Clause 7 of State Environmental Planning Policy No. 55 – Remediation of Land.

Since approval of the subdivision, the site has mainly been used by the current owner in establishing a rural-residential use and is unlikely to have become contaminated.

A condition of consent is recommended to ensure uncontaminated fill is used for the proposed recreation facility.

2.4 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.

2.5 Clause 79BA Environmental Planning and Assessment Act, 1979 – Consultation and Development Consent – Certain Bush Fire Prone Land

The site is within a bush fire prone area.

Clause 79BA of the Environmental Planning and Assessment Act, 1979 requires Council to consider the provisions of Planning for Bushfire Protection before granting consent to development within a bush fire prone area.

The proposed recreation facility is not identified as a ‘special protection purpose’ under Section 100B of the Rural Fires Act 1997 and is not subject to the concurrence of the NSW Rural Fire Service.

The proposed motorcycle track does not involve any building work and would be permissible development within an Asset Protection Zone in association with the future dwelling house on the site. The proposed motorcycle track would maintain the site access to adjoining bushland (Crown land) suitable for safe operational access and egress for emergency service personnel.

The proposal meets the aims and objectives of Planning for Bushfire Protection.

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 desired outcomes and prescriptive requirements within the Hornsby Development Control Plan 2013 (HDCP) as follows.

2.7.1 Potential Land Use Conflict

The proposed motorcycle track is setback more than 60m from the nearest boundary to a residential property and 150m from the nearest dwelling. In this regard, the proposal is consistent with the land use separation requirement under Section 2.2.1 of HDCP for a minimum separation of 50m between intensive land uses and a dwelling. Refer also to discussion in Section 2.7.5.

The proposed motorcycle track would generate dust with potential to detract from the amenity of neighbouring residents. The proposal includes a track watering system to prevent dust nuisance and a Plan of Management for dust suppression. The track watering system involves installation of a sprinkler system fed from three dams with a combined capacity of 8 million litres. The system involves water pumped from the dams by electric and petrol powered pumps and piped to sprinklers around the course. The proposed system for dust suppression is acceptable subject to recommended conditions for the track not to operate should sufficient water not be unavailable.

2.7.2 Future Dwelling House

The proposed motorcycle track would not compromise a future dwelling house on the site from meeting the requirements of HDCP in respect to scale, setbacks, landscaping, open space, vehicle access and parking.

2.7.3 Biodiversity

The proposal would maintain the bushland area of the site identified as Grey Gum – Scribbly Gum Woodland along the eastern boundary. The existing on-site fencing would ensure protection of the bushland area and native wildlife.

The proposed track and operation involves the cleared area of the site previously used for agriculture and is unlikely to have a significant impact upon threatened species, populations and endangered ecological communities listed under the Threatened Species Conservation Act 1995.

2.7.4 Stormwater Management

The three existing dams along the eastern boundary of the site harvest rainwater runoff from the site. A watercourse commences below the three dams. The proposed track would be located more than 40m from the watercourse.

The proposed development includes the installation of sediment and erosion control measures and an earth dish drain to direct surface water to Dam No. 2, the middle dam. The proposed surface flows would include stormwater and dam water used in dust suppression which would be directed to the dam.

The proposed track is designed to maintain existing surface flows to the dam.

A condition is recommended for the dams to include water quality management measures in accordance with Section 2.2.2 of HDCP for dam water quality and downstream water quality.

Subject to recommended conditions the proposal would meet the desires outcomes of HDCP for stormwater management to protect waterways from erosion, pollution and sedimentation.

2.7.5 Noise Generating Development

The application includes an Acoustic Report dated 3 March 2015 prepared by Acoustic Services Pty Ltd with regard to the proposed Plan of Management for the operation of the motorcycle track and a background noise level of 37dB(A) measured at the adjacent property boundary.

The noise generation source would be as measured for three four stoke motorcycles operating on the track including a Honda CRF 250 (97dB(A), a Honda CRF 150 (95dB(A) and a Honda 110 (94dB(A). The report determined noise generation would be attenuated by the ridgeline and existing shed building between the track and the boundary. The attenuation would result in a noise level less than 37dB(A) measured at the adjacent property.

The proposed noise generation would be acceptable in respect to the HDCP and the NSW Industrial Noise Policy subject to implementation of the proposed Plan of Management and conditions for the motorcycles used not to exceed design capacity of the three tested motorcycles. A condition is recommended for a further acoustic monitoring report following commencement of the motorcycle track operation.

Subject to recommended conditions the proposed motorcycle track would meet the requirements of HDCP for noise and vibration.

3. ENVIRONMENTAL IMPACTS

3.1 Natural Environment

The site includes 15 trees within 16m of the proposed motorcycle track. The trees are locally indigenous trees and form part of the Grey Gum – Scribbly Gum Woodland vegetation community.

The proposed development would necessitate the removal of one tree from the site - Tree No. 5 Eucalyptus punctata (Grey Gum). The application has been supported by an arborist report that assesses the tree as having a medium safe and useful life expectancy of 15-40 years with eventual removal for safety or nuisance, and recommends removal of the tree for the proposed development.

It is considered that the removal of Tree No. 5 is acceptable subject to conditions for replacement tree planting of locally indigenous species and protection of the remaining trees.

Refer also to discussion in Sections 2.2 and 2.7.3.

3.2 Built Environment

The proposal would maintain the scenic quality of the rural landscape along Peebles Road. The proposed motor cycle track would not be readily visible from Peebles Road due to lower gradient over the eastern part of the site.

The proposed motorcycle track would not be visible from Peebles Road and would not detract from the rural character of the area.

The proposed motorcycle track is designed with regard to Motorcycling Australia Track Guidelines. The guidelines include requirements for track layout and length, speed, obstacles, watering, marshalling points and course markers. A condition is recommended for the track to be constructed in accordance with the approved plans and the Motorcycling Australia Track Guidelines.

3.3 Social Impacts

The local rural community raised concerns the proposed motorcycle track would impact on the amenity of the area.

The proposed track is subject to a Track Management Plan involving operation for the applicant’s children. The use of the track in accordance with the Track Management Plan and recommended conditions would minimise impacts on the amenity of the surrounding area.

3.4 Economic Impacts

The proposed motorcycle track is for the use of the applicant’s children and not for economic gain and would not result in an economic impact.

4. SITE SUITABILITY

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

The site is within a bushfire prone area, includes locally indigenous vegetation and a nearby watercourse.

The proposal would address the constraints of the site in providing for bush fire protection, and in maintaining locally indigenous vegetation and downstream water quality, subject to recommended conditions.

The site is suitable for the proposed development.

5. PUBLIC PARTICIPATION

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

5.1 Community Consultation

The proposed development was placed on public exhibition and was notified to adjoining and nearby landowners between 20 November and 4 December 2014 in accordance with the Notification and Exhibition requirements of the HDCP. During this period, Council received 23 submissions including 15 letters of objection and eight letters in support of the proposal. Amended plans were notified between 1 May and 15 May 2015. In response Council received three submissions. The map below illustrates the location of those nearby landowners who made a submission that are in close proximity to the development site.

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

5.1.1 Objection Submissions

Fifteen submissions including a petition with 105 signatories objected to the development. The grounds of objection are discussed as follows:

Motor Bike Problem Area

The prevalence of trail bikes in the local area on weekends was raised as a concern.

The proposed motorcycle track is for private use and would not be a destination for trail bike riders in the area.

Unacceptable Noise Levels

Offensive noise generated by the proposed motorcycle track was raised as a concern.

The proposal is for not more than three motorbikes operating on the track at any one time and within set timeframes. Subject to recommended conditions for four stroke engine size and operation in accordance with the Plan of Management, the proposed motorcycle track would not exceed background noise levels by 5dB(A) at the adjacent property boundary, and would meet Council’s requirements for noise attenuation.

Unacceptable Traffic Peebles Road

An increase in vehicular traffic on Peebles Road was raised as a concern.

The proposed motorcycle track is for private use involving a maximum of three riders. The proposal would not result in additional traffic generation on Peebles Road.

Unacceptable Dust

The impact of dust from the motorcycle track on adjacent properties was raised as a concern.

The proposal includes a track watering system for dust suppression which would control dust emission from the site. In the event the track cannot be watered, a condition is recommended the track must not be used.

Commercial Venture

The potential use of the proposed motorcycle track for commercial use was raised as a concern.

The proposed motorcycle track is for private use. A condition is recommended to limit the use of the motorcycle track in accordance with the submitted Track Management Plan. A condition is also recommended to limit development consent to a period of two years.

Incompatible Rural Area

The submissions raised concern the proposal is out of character with the area.

The proposed motorcycle track is a permissible land use with development consent under the provisions of HLEP.

The operation of the proposed motorcycle track is limited in accordance with the proposed Plan of Management and would not result in conflict with adjoining land uses subject to recommended conditions.

The riding of motor cycles on a rural property in general was noted in the submissions as common place.

Site Contamination

Potential contamination of the existing site from previous land uses was raised as a concern.

The site was subject to previous assessment for soil contamination and has been validated as suitable for residential use.

Appropriate conditions are recommended for fill quality and hazardous goods.

Impacts on Threatened Species

The impact of sediment runoff on Red Crowned Toadlet (Pseudophryne australis) was raised as a concern.

The proposed development is unlikely to a have a significant effect on Red Crowned Toadlet populations, subject to protecting downstream water quality. A condition of consent is recommended in this regard.

Impacts on Downstream Watercourse

The impact of the proposal on downstream water quality was raised as a concern.

The proposal includes sediment and erosion control measures. A condition is recommended for water quality management measures to be incorporated for the existing dams. Subject to recommended conditions the proposal is acceptable in respect to downstream water quality.

Equestrian Activities

The impact of the proposal on equestrian activities in the area was raised as a concern.

The proposed motorcycle track and operation is limited to the subject site and by the proposed Plan of Management.

The proposal would meet the requirements of HDCP to address conflicting land use and is acceptable subject to recommended conditions.

5.1.2 Submissions in Support

Eight submissions including 6 pro forma letters and a petition with 14 signatories supported, or were neutral to, the development and made the following observations:

· The proposed track is only for private use and the dust can be controlled by watering;

· The objections to the proposal are unfounded.

5.1.3 Submissions Amended Proposal

Three submissions were received in response to the amended proposal including 2 submissions reiterating previous objections and 1 submission in support as previous.

5.2 Public Agencies

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

6. THE PUBLIC INTEREST

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

The application is considered to have satisfactorily addressed Council’s and relevant agencies’ criteria. The proposed motorcycle track is limited to private recreational use and would not adversely impact on the local community. Accordingly, it is considered that the approval of the proposed development would be in the public interest.

CONCLUSION

The proposal is for a private recreation facility – motorcycle track.

The proposed motorcycle track is for private use in association with a future dwelling house on the site. The proposal includes a Track Management Plan limiting the number of riders and the hours of operation.

The site forms part of a recent rural subdivision and includes a shed and three dams. The proposed motorcycle track would not be visible form Peebles Road and is located 150m from the nearest neighbouring dwelling.

The proposal is permitted with development consent in the RU1 Primary Production zone under HLEP and complies with provision under Clause 6.2 for earthworks. The proposal is generally satisfactory in respect to the HDCP requirements for land use separation, biodiversity, stormwater management and noise generation, subject to recommended conditions.

The proposal is subject to recommended condition limiting consent to a period of two years.

26 submissions were received in response to notification of the proposal.

The application is recommended for approval.

RESPONSIBLE OFFICER

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

Rod Pickles

Manager - Development Assessment

Planning Division

James Farrington

Group Manager

Planning Division

Attachments:

1.View	Locality Map
2.View	Motorcycle Track Plan
3.View	Track Management Plan
4.View	Site Plan with Trees

File Reference: DA/1352/2014

Document Number: D05640707

SCHEDULE 1

GENERAL CONDITIONS

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

1. Approved Plans and Supporting Documentation

Plan No.	Plan Title	Drawn by	Dated
0507/14	Proposed Track Plan	Buenavista Home Designs	February 2015

Document Title	Prepared by	Dated
Attachment B – Proposed Revised - Track Management Plan	Gary Saunders	Undated
Arboricultural Impact Assessment	Advanced Treescape Consulting	20/03/2015
Acoustic Report	Acoustic Services Pty Ltd	3 March 2015
Track Guidelines – Guidelines for the Inspection and Licensing of Tracks – 1^st Edition – January 2012	Motorcycling Australia	1 January 2012

2. Removal of Existing Trees

This development consent permits the removal of Tree No. 5 – Eucalyptus punctata (Grey Gum) detailed and identified in the Arboricultural Impact Assessment dated 20/03/2015 prepared by Advanced Tree Consulting. The removal of any other trees requires separate approval in accordance with Hornsby Development Control Plan (HDCP) Part 1B.6.1 Tree Preservation.

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. Consent Limit

a) This development consent is limited to a period of two years from the date of the consent and upon expiry of the 2 years, the track is to be removed and the land rehabilitated.

b) The use of the motorcycle track is limited to the children of the proponent.

REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

5. Stormwater Drainage

The motorcycle track is to include stormwater drainage infrastructure to maintain natural overland flows to the on-site dam(s).

6. Water Quality Management

The existing dams are to incorporate water quality management measures in accordance with the provisions of Hornsby Development Control Plan 2013 Part 2.2.2 Water Storage Facility (Dams).

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

7. 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.

8. Toilet Facilities

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

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

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

9. Erosion and Sediment Control

Note: On the spot penalties may be issued for any non-compliance with this requirement without any further notification or warning.

10. Tree Protection Barriers

Tree protection fencing must be erected around trees numbered 1, 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15 to be retained at the nominated Tree Protection Zones (TPZ) listed below.

The tree fencing must be contiguous and constructed of star pickets at 2.0 metre spacing connected by highly visual barrier/hazard mesh and must be erected in accordance with AS 4970-2009 (4.3 - Fig.3). Once erected, protective fencing must not be removed or altered without approval by the project Arborist.

Tree Root Zones (TRZ)

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 between 400mm & 800mm	7m
Trees with a diameter at breast height less than 400mm	4m

Certification

A certificate from a qualified 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

11. 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.

12. Environmental Management

13. Disturbance of Existing Site

14. Landfill

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

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

15. Excavated Material

16. Stormwater Drainage – Land Adjoining a Watercourse

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

17. Works Near Trees

a) All required tree protection measures are to be maintained in good condition for the duration of the construction period. Works within the Structural Root Zone of any retained tree is not permissible.

b) Excavation, including sub-surface trenching for stormwater or other services or the filling or stockpiling of building materials, parking of vehicles or plant, the use of machinery other than hand held, disposal of cement slurry, waste water or other contaminants must be located outside the nominated 5m Tree Protection Zone of any tree to be retained.

c) 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 a qualified Arborist (AQF 5) to the principal certifying authority detailing the methods used to preserve the trees.

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.

18. Landscaping of Site

All pervious areas of the site and the road reserve adjoining the site must be appropriately landscaped with suitable (preferably indigenous) turf, trees and shrubs to complement the development and prevent erosion of soil.

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.

19. Replacement Planting

Five (5) (locally indigenous species) replacement trees selected from Council’s booklet ‘Indigenous Plants for the Bushland Shire’ http://www.hornsby.nsw.gov.au/services/trees/indigenous-trees shall be planted within the property. Three (3) of the replacement trees must attain a height greater than 10m.

The pot size is to be a minimum 25 litres and the tree/s must be maintained until they reach the height of three metres (3m).

Plantings that fail to survive or do not exhibit normal health and vigour growth characteristics for their species prior to reaching a height greater than three metres (3m), must be replaced at the expense of the property owner

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

20. Motorcycling Australia Track Guidelines

The motorcycle track must be certified by a suitably qualified engineer as being constructed in accordance with the approved plans and the relevant requirements of Motorcycling Australia Track Guidelines – 1^st Edition January 2012. The engineer’s certification is to be submitted to Council.

OPERATIONAL CONDITIONS

21. Track Management

The motorcycle track approved under this consent must operate in accordance with the following conditions:

a) The track must not have any more than three riders on the track at any one time and no more than three motorcycle engines operating on the site at any one time. The use being limited to the proponents children.

b) The hours of operation of the motorcycle track are restricted to those times listed below:

School Weeks

Monday to Thursday – No Riding

Friday – between 3.30pm and 5.30pm

Saturday – between 9.30am and 11.00am and between 2.30pm and 4.00pm

Sunday – No Riding

School Holidays

Monday – between 3.30pm and 5.30pm

Tuesday – No Riding

Wednesday – Between 3.30pm and 5.30pm

Friday – between 3.30pm and 5.30pm

Weekends and Public Holidays – No Riding

c) The track watering system must be activated the day before use for 15 minutes and the hour before use for 10 minutes. In the event the track cannot be watered the track must not be used.

d) Only motorcycles that produce equivalent noise levels or less than that documented in the Acoustic Report prepared by Acoustic Services Pty Ltd dated 3 March 2015 can be operated at the track.

22. Noise

An acoustic assessment is to be undertaken by a suitably qualified environmental consultant within 6 months of using the bike track in accordance with the Environment NSW Industrial Noise Policy (2000), Council’s Policy and Guidelines for Noise and Vibration Generating Development (Acoustic Guidelines V.5, 2000) and the DECC’s Noise Guide for Local Government (2004). Council is to be notified 7 days prior to noise measurements being undertaken and the assessment must be submitted to Council for review. The assessment is to be conducted when the track is in use by 3 motorcycles operating at maximum capacity. Should the assessment find that noise from the premise exceeds 5dB(A) above background noise levels or that the noise is offensive appropriate measures must be employed to rectify excessive noise.

23. Storage of Flammable and Combustible Goods

Flammable and combustible liquids must be stored in accordance with Australian Standard 1940 – The Storage and Handling of Flammable and Combustible Liquids. A bund wall must be constructed around all work and liquid storage areas to prevent any spillage entering into the stormwater system. The bunded area must provide a volume equal to 110% of the largest container stored and graded to a blind sump so as to facilitate emptying and cleansing.

24. Maintenance of Wastewater Device

- END OF CONDITIONS -

ADVISORY NOTES

Environmental Planning and Assessment Act 1979 Requirements

The Environmental Planning and Assessment Act 1979 requires:

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

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

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

· Mandatory inspections of nominated stages of the construction inspected.

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

Tree 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

Telecommunications Act 1997 (Commonwealth)

Group Manager's Report No. PL39/15

Planning Division

Date of Meeting: 8/07/2015

11 PLANNING PROPOSAL - HORNSBY SHIRE LOCAL ENVIRONMENTAL PLAN - HOUSEKEEPING AMENDMENT 2015

EXECUTIVE SUMMARY

· The Hornsby Local Environmental Plan (HLEP) was drafted as a translation of the Hornsby Shire Local Environmental Plan (HSLEP) 1994 into the State Government’s Standard Instrument and was exhibited in 2012.

· In reviewing submissions received as a result of the exhibition of the HLEP, Council resolved that a number of matters should be addressed or reviewed through a separate planning proposal so as not to delay the making of the Plan.

· Council subsequently adopted the HLEP which came into force in October 2013.

· Since the HLEP 2013 came into force, a number of anomalies and mapping issues have been identified.

· A Housekeeping Planning Proposal has been prepared which seeks to amend the HLEP 2013 to address relevant matters raised during the exhibition period and to rectify anomalies identified since the plan came into force.

· It is recommended that Council adopt the attached Housekeeping Planning Proposal and seek a Gateway Determination from the Department of Planning and Environment to authorise public exhibition.

RECOMMENDATION

THAT:

1. Council endorse progression of the Housekeeping Planning Proposal attached to Group Manager’s Report No. PL39/15 and forward the Planning Proposal to the Minister for Planning seeking a Gateway Determination to exhibit the Proposal.

2. Should the Minister determine under Section 56(2) of the Environmental Planning and Assessment Act 1979 that the matter may proceed without significant amendment to the Proposal, Council publicly exhibit the Planning Proposal in accordance with the Gateway Determination.

3. The General Manager be given delegated authority to endorse the exhibition material.

4. Following the exhibition, a report on submissions be presented to Council.

PURPOSE

The purpose of this Report is to present a Planning Proposal to Council which seeks to make a number of housekeeping amendments to the HLEP 2013.

BACKGROUND

The preparation of the HLEP 2013 was principally a translation of Council’s existing HSLEP 1994. Issues identified in public submissions on the draft HLEP 2013 that were beyond the scope of a translation or would delay the making of the Plan were set aside to be dealt with by a separate planning proposal or review.

At its meeting on 19 December 2012, Council considered Group Manager’s Report No. PL54/12 and resolved (in part) to:

1. Endorse the draft Hornsby Local Environmental Plan for forwarding to the Department of Planning and Infrastructure for its making subject to a number of amendments; and

2. Prepare a Planning Proposal to progress amendments to the draft Hornsby Local Environmental Plan listed in Schedule A - Items 3.1 to 3.6 of Group Manager’s Report No. PL54/12 and undertake further analysis of items listed in Schedule A - Items 4.1 to 4.9 of Group Manager’s Report No. PL54/12.

In accordance with Council’s resolution, the Plan was forwarded to the Minister for Planning for finalisation. The HLEP 2013 came into force on 11 October 2013. A Planning Proposal has now been drafted to address other parts of Council’s resolution concerning issues outside the scope of a translation which were listed in Schedule A of Group Manager’s Report No. PL54/12.

DISCUSSION

This report presents a Housekeeping Planning Proposal which seeks to amend the HLEP 2013 to resolve some of the identified issues raised during the exhibition period which were outside the scope of a translation. The Planning Proposal also seeks to rectify a number of anomalies and mapping issues that have been identified since the Plan came into force in October 2013.

1. Amendments Listed in Council’s Resolution

Council’s resolution on 19 December 2012 refers to Schedule A which includes a list of issues raised during exhibition that were of merit but could not be progressed without re-exhibition. A preliminary evaluation of the Schedule has identified some issues which can be addressed through this Housekeeping Planning Proposal, some which required further studies or investigation and some which should no longer be progressed. The table below sets out the issues from Schedule A and the actions proposed.

Sch. A	Issue	Proposed Action
3.1	Remove Remote Parking at Berrilee from the Additional Permitted Uses Schedule	Awaiting ownership transfer - address as part of next Housekeeping Amendment (2016).
3.2	Implement the findings of the Road Realignment Review	Requires further investigation and consultation with RMS - address as part of next Housekeeping Amendment (2016).
3.3	Amend the Lot Size map to include a 40ha minimum lot size over E2 Environmental Conservation zoned land	The previous HSLEP included a 40ha minimum lot size for lands zoned Environmental Protection A (Wetlands). The zone was applied to wetland communities above the Mean High Water Mark (MHWM) and prohibited “subdivision”. The HLEP 2013 applied the E2 (Environmental Conservation) zone to these lands and sensitive aquatic environments (e.g. seagrass communities) below MHWM. The E2 zone contains a restrictive land use strategy and prohibits any form of “residential accommodation”. Accordingly, a minimum lot size was not included in the HLEP. However, the HLEP 2013 includes a mandated provision which permits subdivision on any land with consent. Accordingly, to address the possibility of subdivision with no minimum standard, the planning proposal seeks to re-instate the previous minimum lot size of 40ha over land zoned E2 Environmental Conservation Land.
3.4	Amend the Height of Buildings Clause to provide flexibility on sites currently zoned Special Uses A (Community Purposes)	Not to be progressed. Investigations reveal that there are approximately 200 sites which were previously zoned Special Uses A under the HSLEP 1994 with current land uses such as educational establishments, churches or infrastructure (water towers and the like). Most of these sites have been rezoned R2 Low Density Residential consistent with the zoning of adjoining land and mapped with an 8.5m height limit. The HLEP 2013 does not include a floor space ratio control for the R2 zone. Therefore, removing or increasing the height control would limit Council’s ability to control the bulk and scale of development in the low density zone. In the instance that a church, educational establishment or the like propose new development which exceeds the permitted height limit, there are various mechanisms to accommodate such proposals such as Clause 4.6 Exceptions to development standards, or a site specific Planning Proposal. In addition, State Environmental Planning Policy (Infrastructure) 2007 facilitates the provision of infrastructure such as education, hospitals, roads, railways, emergency services, water supply and electricity.
3.5a	Remove the Land Reservation Acquisition obligation from the Crown land off the Pacific Highway, Cowan	Included in this Planning Proposal.
3.5b	Include Land Reservation for road widening purposes to facilitate the construction of a one way lane through Lot 10 DP 29926 between Hunter Land and George Street, Hornsby	Not to be progressed. Investigations reveal this proposal was the result of a study in the late 1980s. Since then Hornsby Town Centre traffic strategies and priorities have changed. George Street is now the arterial route through Hornsby and is managed by the RMS. Another vehicular access point from George Street is no longer considered necessary and is unlikely to be supported by the RMS as its policy is to reduce and consolidate entry points on arterial roads. Retention of pedestrian access is desirable. Therefore, it is proposed that the DCP be amended to require provision of pedestrian access from George Street to Hunter Lane as part of any new development (instead of vehicular access). A review of Hornsby East Side is scheduled to commence this year and may result in a new strategy for the subject site.
3.6	Reclassify Council owned land at property No. 111X New Line Road, Cherrybrook to Operational land to facilitate its sale to the West Pennant Hills Sports Club	Included in this Planning Proposal.
4.1	Determine a response to the prohibition of infill affordable housing and residential development by the Land and Housing Corporation on R2 and SP3 zones land	Current project - included on the Strategic Planning Program.
4.2	Consider a reduction in minimum lot sizes as part of the Affordable Housing Initiatives Review, the next stage of Council’s Housing Strategy and Galston and Glenorie Subdivision Review	Current project - included on the Strategic Planning Program.
4.3	Consider the submission commenting on land within the Pennant Hills Commercial Centre as part of any Pennant Hills Masterplan Review	Future project - included on the Strategic Planning Program.
4.4	Evaluate the minimum commercial/residential FSR in the B4 zone on the east side of Hornsby by including a project on the Strategic Planning Program	Current project - included on the Strategic Planning Program.
4.5	Consider the submission requesting an increase in FSR for land within the Thornleigh and Waitara Commercial Centres as part of the Thornleigh and Waitara Employment Floor Space Review	Future project - included on the Strategic Planning Program.
4.6	Hold discussions with Parramatta and Hills Councils regarding Carlingford Court Shopping Centre and present a report to Council	Not to be progressed. Investigations reveal that ownership of Carlingford Court has changed and new owner’s intentions are unknown and should be addressed through a separate planning proposal as appropriate.
4.7	Review the Development on Land Intended to be Acquired for a Public Purpose clause to provide additional permitted land uses to those currently specified	Not to be progressed. Investigations reveal that the Department of Planning and Environment is unlikely to support a change to Clause 5.1A of the Standard Instrument. The introduction of additional permitted uses for sites intended to be acquired for a public purpose may affect the cost of acquisition and increase the cost of reinstatement of the land for the purpose for which it is to be acquired. A site specific solution is proposed for property No. 1069 Pacific Highway, Cowan (discussed below under the heading “2.8 Land Reservation Acquisition and Rezoning)”.
4.8	Include the request for the inclusion of “The Glade” as a heritage item as part of Council’s next Heritage Review	Added to list of items for consideration in the next Heritage Review.
4.9	Discuss with the Department of Planning the opportunity to include local “Unstable Land” provisions within the HLEP 2013	Requires further investigation and consultation with DP&E - address as part of next Housekeeping Amendment (2016).

2. Other Amendments

Since the HLEP 2013 came into force in October 2013, a number of anomalies and mapping issues have been identified. This Planning Proposal seeks to address these issues as discussed below.

2.1 Heritage Schedule

The Planning Proposal seeks to update Schedule 5 – Environmental Heritage to correct errors in property descriptions or listings. However, any issues which relate to the location or significance of items will be considered as part of the next Heritage Review.

2.2 Jetties

The intention of the HLEP 2013 is to permit jetties, subject to Council consent, where properties have frontages to waterways. The HLEP 2013 achieves this through Clause 6.5 which permits jetties within the foreshore area (i.e. where a property meets the mean high water mark) and through permitting jetties, with consent, in the Waterways zones (i.e. over the water). An anomaly exists where there is an E2 Environmental Conservation zoning over the water, as jetties are prohibited in the E2 zone. The E2 Environmental Conservation zone applies to protected mangrove, saltmarsh and seagrass communities below mean high water mark.

This Planning Proposal seeks to insert jetties into the land use table for the E2 zone under “Permitted with consent” to allow the possibility of water access to properties which adjoin mangrove, saltmarsh or seagrass communities. A merit assessment would be undertaken through the Development Application process in accordance with the controls outlined in the HLEP 2013 and the Hornsby Development Control Plan (DCP) 2013. Clause 6.5 of the HLEP would ensure that development consent is not granted unless Council is satisfied that the jetty will not cause environmental harm such as an adverse effect on surrounding marine habitat, wetland areas or flora and fauna habitat. The Hornsby DCP contains further controls for waterways structures (including jetties) aimed at avoiding locations containing seagrass beds and saltmarshes. Where these locations cannot be avoided, the DCP requires mitigation measures such as translucent or mesh walkways to allow sunlight penetration.

2.3 Moorings

The HLEP 2013 land use tables for the Waterways zones include Moorings as ‘Permitted without consent’. However, with the adoption of the new LEP in accordance with the Standard Instrument, the Department of Planning and Environment required Council to include Clause 5.7 Development Below Mean High Water Mark in the HLEP 2013. The clause requires consent for any development below mean high water mark, including moorings. The Housekeeping Planning Proposal seeks to move Moorings in the Waterways land use tables from ‘Permitted without consent’ to ‘Permitted with consent’ to eliminate confusion and be consistent with Clause 5.7.

2.4 Recreation Facilities (Indoor)

The preparation of the HLEP 2013 was principally a translation of Council’s existing HSLEP 1994. Under the HSLEP 1994, recreation facilities were permissible in low density residential zones. Recreation facilities were defined as follows:

"recreation facility" means a building or place used for sporting activities, recreation or leisure activities, whether or not operated for the purpose of gain, but does not include a building or place elsewhere defined in this clause;

The inclusion at the end of the definition of the phrase “unless elsewhere defined” meant that uses such as a bowling alley or gym, defined as business premises, were prohibited in the low density zone. However, under the HLEP 2013 recreation facility (indoor) is defined as follows:

Recreation facility (indoor) means a building or place used predominantly for indoor recreation, whether or not operated for the purposes of gain, including a squash court, indoor swimming pool, gymnasium, table tennis centre, health studio, bowling alley, ice rink or any other building or place of a like character used for indoor recreation, but does not include an entertainment facility, a recreation facility (major) or a registered club.

These uses have the potential to impact significantly on adjacent low density residential properties. This land use conflict is due to the new definition of a recreation facility and was not identified or intended with the translation of land uses in the HLEP 2013. This Planning Proposal therefore seeks to prohibit recreation facilities (indoor) in the R2 Low Density Residential Zone.

2.5 Exempt and Complying Development

Part 3 of the HLEP 2013 permits certain minor development which can be carried out without development consent and certain development which can be undertaken after certification by Council or an Accredited Certifier. The Clause refers to Schedules 2 and 3 which list the development to which the clause applies. The State Government’s Exempt and Complying Development Policy overrides Council’s Exempt and Complying Clause, therefore the Schedule in the HLEP 2013 is intended to only include development in addition to that which is specified by the State Government’s Exempt and Complying Development Policy.

The Housekeeping Planning Proposal seeks to remove the following items from the HLEP Schedule which are listed in the Exempt and Complying Development State Environmental Planning Policy:

To be Removed from Schedule 2 Exempt Development	To be Removed from Schedule 3 Complying Development
Signage: · Business identification signs (all zones) · Flush wall signs · Top hamper signs · Underawning signs · Real estate signs (all zones) · Signs behind glass · Temporary signs for religious, cultural, political, social or recreational events	Signage: · Fascia signs · Flush wall signs · Painted wall signs · Pole or pylon signs · Temporary signs for religious, cultural, political, social or recreational events
Outdoor dining
Clothing bins
Temporary use of buildings
Temporary use of public land by Council or not-for-profit organisation and installation of temporary structures

2.6 Zoning Anomalies

A number of zoning anomalies are proposed to be corrected through the Housekeeping Planning Proposal as outlined below. Associated amendments to the Lot Size and Height of Building maps are also required in accordance with the proposed zoning amendments.

Property	Current Zoning	Issue	Proposed Zoning	Other LEP Maps affected
Lot 1 DP1199578 Calabash Point, Berowra Creek	Part RE1 Public Recreation and part E4 Environmental Living	Zoning anomaly along western boundary due to recent subdivision	RE1 Public Recreation	Lot Size Height of Building
Berowra Creek at Berowra Waters Boat Shed – Berowra Waters	W1 Natural Waterways	W2 Recreational Waterways zone needs to be extended to correspond with the existing permissive occupancy adjacent to Berowra Waters Boatshed	W2 Recreational Waterways	N/A
22x Higgins Place, Westleigh	Part RE1 Public Recreation and part R2 Low Density Residential	Zoning and cadastre anomaly	RE1 Public Recreation	Lot Size Height of Building
25 Blackbutt Avenue, Pennant Hills	Part RE1 Public Recreation and part R2 Low Density Residential	Zoning anomaly along rear boundary	R2 Low Density Residential	Height of Building
295 Galston Road, Galston	RU1 Primary Production	Zoning anomaly – should be zoned consistent with surrounding properties	RU4 Primary Production Small Lot	Height of Building
25 Ray Road, Epping	Part R2 Low Density Residential and part R4 High Density Residential	Zoning and cadastre anomaly	R4 High Density Residential	Lot Size Height of Building

2.7 Epping Urban Activation Precinct

State Environmental Planning Policy Amendment (Epping Town Centre) 2013 came into force in March 2014 and amended the HLEP 2013 in relation to the Epping Urban Activation Precinct (UAP). The SEPP replaced the Land Zoning, Height of Buildings, Floor Space Ratio and Heritage Maps to implement the Epping UAP rezonings. However, corresponding changes to the Lot Size and Land Reservation Acquisition Maps were not made. This Housekeeping Planning Proposal seeks to rectify this by making the necessary map amendments to correspond with the zoning changes which have occurred.

2.8 Land Reservation Acquisition and Rezoning - Cowan

Property No. 1069 Pacific Highway, Cowan is listed in the HLEP 2013 as a heritage item of local significance, being a rare example of a small scale farm, once common and becoming rare on the metropolitan outskirts set on a pocket of reasonably fertile soil in generally infertile sandstone country. The farm contains a small orchard and vegetable garden with characteristic trees from the c1930s set amongst groups of sheds, near cabins, an aviary and grinding stone evoking a self-sufficiency of husbanding the land with considerable practical skills.

In accordance with the translation of the HSLEP 1994 into the HLEP 2013, the property was rezoned from Open Space B (Public Recreation – District) to RE1 Public Recreation. The rezoning has had the unintended consequence of prohibiting agriculture on the site (which was permitted with consent under the previous Open Space B zone).

The property was also identified on the Land Reservation Acquisition Map, with the State Government as the acquisition authority. Under the HSLEP 1994, the land acquisition clause allowed flexibility of use of the land if it had not been acquired (subject to consideration of the effect of the proposed development on the costs of acquisition). Under the HLEP 2013, the new land acquisition clause (5.1A) restricts development on the site to recreation areas only.

The new land zoning and acquisition provisions may significantly restrict the continuance of the existing agricultural and residential land use of the property and the owners’ plans for improvements to the property. Therefore, at its meeting on 19 December 2012, Council considered Group Manager’s Report No. PL54/12 and Council resolved that a future review of the HLEP should consider an amendment to Clause 5.1A to provide additional permitted land uses to those currently specified.

As discussed above in section 1 above, the Department of Planning and Environment is unlikely to support a change to Clause 5.1A of the Standard Instrument as the introduction of additional permitted uses for sites intended to be acquired for a public purpose may affect the cost of acquisition and increase the cost of reinstatement of the land for the purpose for which it is to be acquired. Consequently, a review of the subject site has been undertaken and an amendment to the zoning of the property is proposed, along with removal of the acquisition obligation.

This Housekeeping Planning Proposal seeks to rezone property No. 1069 Pacific Highway, Cowan to E3 Environmental Management. This zone would reflect the current residential and agricultural use of the property and would be consistent with the zoning of land to the south of the property. Agriculture and dwellings are permitted in the E3 zone which would promote the continuance of the existing agricultural and residential land use of the property and, in turn, protect the heritage significance of the small scale farm. The Planning Proposal also seeks to remove the land reservation acquisition obligation from the property. Initial consultation with the Office of Strategic Lands (OSL) indicates that the OSL would support the rezoning of the property and the removal of the acquisition obligation. The OSL acknowledges that the acquisition of the property by Government may impact on its ongoing heritage significance and should be avoided.

2.9 Land Reservation Acquisition – Asquith

Council is currently undertaking a review of the Hornsby Section 94 Development Contributions Plan 2012 – 2021. The purpose of the review is to update the dwelling and population forecasts in accordance with the finalisation of the Epping Urban Activation Precinct, the Hornsby West Side Planning Proposal and a review of dwelling yields for Housing Strategy precincts.

The Works Schedule within the Section 94 Plan will be updated to reflect additional projects required to meet demand and will provide the opportunity to delete projects which have been completed and amend projects if their scope has changed.

During the review, it has been identified that the scope of a Local Road project (R-017) has changed. Design work has commenced on the extension of Wattle Street to Amor Street and has revealed that the extension can be achieved through the acquisition of one property (No. 7 Amor Street, Asquith). The HLEP 2013 identified property Nos. 5 and 7 Amor Street for acquisition on the Land Reservation Acquisition Map. This Planning Proposal seeks to remove the acquisition obligation from property No. 5 Amor Street, Asquith.

2.10 Height of Buildings Map Legend

The Hornsby West Side Planning Proposal and the Epping UAP were concurrent planning studies which resulted in increased height limits to provide opportunities for redevelopment. The height limits in Hornsby West Side and Epping varied from 8.5m up to 77.5m at different increments. As such, the legends on the draft Height of Buildings Maps for each project were different throughout their preparation and were not reconciled when finalised by the Department of Planning and Environment. The Housekeeping Planning Proposal seeks to amend the Height of Buildings Map by correcting the legend to correspond with the appropriate heights in Hornsby West Side and Epping.

CONSULTATION

The Office of Strategic Lands was consulted in relation to property No. 1069 Pacific Highway, Cowan. Formal consultation will be undertaken with the Office of Strategic Lands and other government agencies as required by any Gateway Determination.

In accordance with the Department of Planning and Environment’s “A guide to preparing local environmental plans” Guidelines, the Planning Proposal is required to be exhibited for a period of 28 days. A consultation strategy relevant to the public exhibition has been prepared as part of the Planning Proposal for endorsement by the Department. Exhibition would involve a newspaper advertisement, notification of Council’s website, letters to affected landowners displays at Council’s Administration Building and libraries and a public hearing for the reclassification of land.

BUDGET

There are no budgetary implications associated with this Report.

POLICY

There are no policy implications associated with this Report.

CONCLUSION

The Housekeeping Planning Proposal attached to this report seeks to amend the HLEP 2013 to resolve some of the identified issues raised during the exhibition period which were outside the scope of a translation. The Planning Proposal also seeks to rectify anomalies and mapping issues that have been identified since the Plan came into force in October 2013. It is recommended that the Housekeeping Planning Proposal be forwarded to the Department of Planning and Environment seeking a Gateway Determination for exhibition.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Manager, Strategic Planning – Fletcher Rayner, who can be contacted on 9847 6744.

Fletcher Rayner

Manager - Strategic Planning

Planning Division

James Farrington

Group Manager

Planning Division

Attachments:

1.View

Housekeeping Planning Proposal - July 2015

File Reference: F2015/00054

Document Number: D05497674

1.View	HSC Investment Holdings Report as at 31 May 2015
2.View	HSC Borrowings Schedule as at 31 May 2015

1.	Tender Evaluation Report - Hornsby Nursery and Preschool Centre - This attachment should be dealt with in confidential session, under Section 10A (2) (d) of the Local Government Act, 1993. This report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the council; or (iii) reveal a trade secret.
2.	Tender Evaluation Report - Somerville Park Early Childhood Education Centre - This attachment should be dealt with in confidential session, under Section 10A (2) (d) of the Local Government Act, 1993. This report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the council; or (iii) reveal a trade secret.
3.	Tender Evaluation Report - Greenway Park Early Childhood Education Centre - This attachment should be dealt with in confidential session, under Section 10A (2) (d) of the Local Government Act, 1993. This report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the council; or (iii) reveal a trade secret.

1.View	Attachment 1 - Waitara Park Proposal and PCYC Detailed Proposal for Waitara Park - 19 May 2015
2.View	Attachment 2 - Waitara Park Masterplan - IR22_15
3.	Attachment 3 - CONFIDENTIAL - Executive Summary of Waitara Park Financial Economic Social Analysis - IR22_15 - This attachment should be dealt with in confidential session, under Section 10A (2) (d) of the Local Government Act, 1993. This report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the council; or (iii) reveal a trade secret.