Agenda of General Meeting - 12 August 2015

Area	Original Recommendation	Revised Recommendation	Comment
North West	Dispose of the Glenorie Community Centre and use the funds to improve other community and cultural facilities (e.g. Galston Community Hub)	Work with the Glenorie community to investigate an alternative management model for the Glenorie Community Centre. It should include responsibilities for reactive and planned maintenance, as well as financial and other reporting and compliance with work health and safety and other legal requirements. Review the strategic direction for the centre in three years’ time, taking into account its operating and financial performance and other performance measures agreed with the Glenorie community.	Throughout the course of the consultation, an historic agreement relating to the 1976 transfer of the Glenorie Community Centre from the Trustees of the Glenorie Community Hall to Council was identified. Conditions associated with the transfer limit Council’s ability to dispose of the property without providing an alternative facility in Glenorie. An alternate operating model is required to minimise the asset maintenance liability that Council has for a poorly utilised facility.
North East	Dispose of the Mount Kuring-gai Community Centre and use the funds to improve community and cultural facilities within the district.	Actively monitor and manage Mount Kuring-gai Community Centre to increase the number of casual and regular hirers, improve the net financial result and ensure yearly maintenance work is scheduled and undertaken. Review the strategic direction for the centre in three years’ time, taking into account its operating and financial performance and other performance measures agreed with the Mount Kuring-gai community. Subject to the development of a central library and multipurpose community and civic centre in the Hornsby CBD and the creation of a multipurpose community and recreation facility at Storey Park, review the strategic need for the centre.	The integrated service model promoted by Elton requires that facilities work as a network to service community need. It is appropriate that the strategic direction of the Mount Kuring-gai Community Centre is reviewed once new, additional, nearby community floor space is provided at Storey Park (Asquith) in the short term and in the Hornsby CBD in the longer term.
South	Consult with the Epping Seniors Club to identify opportunities for increasing Library and broader community use of the Epping Leisure and Learning Centre. This may include increasing storage and transitioning to moveable furniture and room dividers to enable multiple concurrent uses of the space.	Delete recommendation	Since the draft Plan was prepared, Council has resolved to seek Expressions of Interest for the redevelopment of the Epping Library Site to include an expanded library and community centre.
South	N/A	Include an additional recommendation relating to the Epping Creative Centre. “Consider the long term future of the Epping Creative Centre when planning for the Epping District Community Hub and as part of the master planning process for Dence Park. This process should include consultation with the Epping community, the Volunteer Management Committee and users of the Centre. Any consultation should seek to gain a detailed understanding of existing user needs relating to access, parking, storage, lighting, sound mitigation, space requirements and other design elements”.	Concerns raised through the consultation process related to parking, traffic, fees and management structure associated with a new Epping District Community Hub as opposed to the current arrangements for the Epping Creative Centre. The recommendation does not ask Council to make a definitive decision on the location of the floor space, rather it allows for the consideration of a new, purpose built, co-located community facility in Epping that accommodates the users from the Epping Creative Centre; or retains the centre in its current location in Dence Park. Any decision in respect of the long term future of the Epping Creative Centre would be the subject of further Council reports.
Waitara Guide Hall	Work with Girl Guides NSW to increase community use of the Waitara Guide Hall, to gain maximum benefit from the highly sought after Wallarobba cluster of facilities.	Work with Girl Guides NSW to review community use of the Waitara Guide Hall, to gain maximum benefit from the highly sought after Wallarobba cluster of facilities within the context of a site master plan. Enable Waitara Girl Guides to continue as a regular and long term user of the Wallarobba cluster of facilities, moving to shared use of facilities.	Further investigative and design work is required to be undertaken on Wallarobba/Willow Park precinct in order to make the best use of limited space. It is appropriate that this work be undertaken prior to renewing a long term lease for the Guides.

Group Manager’s Report No. PL57/15

Planning Division

Date of Meeting: 12/08/2015

7 DEVELOPMENT APPLICATION - THREE RESIDENTIAL FLAT BUILDINGS COMPRISING 73 UNITS - 530-532 PACIFIC HIGHWAY AND 2-4 WEROMBI ROAD, MOUNT COLAH

EXECUTIVE SUMMARY

DA No:	DA/708/2014 (Lodged 27 June 2014)
Description:	Demolition of existing structures and erection of three, five storey residential flat buildings comprising 73 units with basement car parking
Property:	Lots 1, 2 and 3 DP 566802 and Lot E DP 365243, Nos. 530-532 Pacific Highway and Nos. 2-4 Werombi Road, Mount Colah
Applicant:	Mr Eric Bernard
Owner:	Mr Ralph Estherby, Mrs Narelle Estherby, Mrs Yuwen Li, Mr Leslie Lloyd, Mrs Lorraine Lloyd, Ms Lara Bird
Estimated Value:	$15,640,410
Ward:	A

· The application involves demolition of existing structures and the erection of three five storey residential flat buildings comprising 73 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.

· Eight submissions from five residents have been received in respect of the application.

· It is recommended that the application be approved as a deferred commencement requiring submission of a Geotechnical report, structural drawings and survey plans to the satisfaction of RailCorp.

RECOMMENDATION

THAT Development Application No. DA/708/2014 for demolition of existing structures and erection of three, five storey residential flat buildings comprising 73 units with basement car parking at Lots 1, 2 and 3 DP 566802 and Lot E DP 365243, Nos. 530-532 Pacific Highway and Nos. 2-4 Werombi Road, Mount Colah be approved as a deferred commencement pursuant to Section 80(3) of the Environmental Planning and Assessment Act 1979 subject to the conditions of consent detailed in Schedule 1 of Group Manager’s Report No. PL57/15.

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 27 June 2014, DA/708/2014 was lodged with Council. The application proposed demolition of existing structures and construction of three residential flat buildings comprising 74 units and basement car park.

Following issues raised by Council officers in the assessment of the application, the proposal was amended by reducing the number of units to 73.

Following submission of amended plans, Council officers raised further concerns regarding the design of the development and meetings were held to discuss design amendments. Consequently, the applicant submitted amended plans on 9 July 2015, which addressed Council’s concerns.

SITE

The site comprises four allotments, Nos. 530-532 Pacific Highway and Nos. 2-4 Werombi Road. The site is an irregular shaped parcel of land (L-shaped) with a 40 metre frontage to the Pacific Highway, 24.6m frontage to Werombi Road and a total site area of 3,432 square metres. Properties Nos. 530 and 532 Pacific Highway are located on the eastern side of the road whereas No. 4 Werombi Road is located on the southern side of the street at the end of the residential cul-de-sac, approximately 75 metres east of the intersection of Werombi Road and Pacific Highway. Property No. 2 Werombi Road is a battle-axe allotment that adjoins the rail corridor and forms the eastern boundary of the site.

The site experiences a minor fall from the north-western corner (Pacific Highway) to the south-eastern corner (rear) of the site with an average grade of 5%. The site also falls away from the Werombi Road frontage to the south-eastern corner adjoining the rail-corridor with an average grade of 5%. The site contains four dwelling-houses with associated outbuildings and landscaping and a number of exotic, native and locally indigenous trees.

The site is located within walking distance of Mount Colah Train Station, which is approximately 400 metres north-east of the site. Bus stops with regular services to Hornsby are located along the Pacific Highway in close proximity to the site.

The site is located within an established residential area that is characterised by a mix of 1 and 2 storey residential dwellings. The western and northern boundaries of the site adjoin a site which accommodates a dwelling house listed as a heritage item under the Hornsby Local Environmental Plan 2013.

The site forms part of a redevelopment precinct which is zoned for five storey development. The following development applications, relating to properties in the near vicinity of the site, have been approved or, are under assessment:

· DA/629/2014 for construction of a five storey residential flat building comprising 41 units with two levels of basement car parking at Nos. 1-3 Werombi Road (opposite side of the road) was approved by Council on 10 December 2014.

· DA/571/2015 for construction of a five storey residential flat buildings comprising 50 units with 2 levels of basement car parking at Nos. 526-528 Pacific Highway (adjoining the site to the south) is currently under assessment.

· DA/525/2015 for the construction of a five storey residential flat building comprising 35 units with basement car parking at Nos. 522-524 Pacific Highway (south of the site) is currently under assessment.

PROPOSAL

The proposal involves the demolition of existing structures and construction of three, five storey residential flat buildings comprising 73 units with two levels of basement car parking and associated landscaping works. Block C would front the Pacific Highway and Block A would front Werombi Road. Block B would be located in between the two buildings facing the rail corridor. The buildings would be separated by landscaped open spaces.

The unit mix would comprise the following:

· Block A: 8 x 1 bedroom, 5 x 2 bedroom units and 4 x 3 bedroom units;

· Block B: 10 x 1 bedroom and 8 x 2 bedroom units; and

· Block C: 14 x 1 bedroom, 20 x 2 bedroom units and 4 x 3 bedroom units.

The development would be accessed from Werombi Road via a driveway located in the north-western corner of the site. The pedestrian access to Blocks A and B is proposed via a common pathway from Werombi Road. The pathway leads to a foyer with access to all levels via a lift. A separate pedestrian entry to the foyer for Block C is proposed off the Pacific Highway. A total of 88 car parking spaces including 12 visitor parking spaces, bicycle and motorbike parking spaces are proposed over two basement levels.

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 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) 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 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 does not include a heritage item and is not located in a heritage conservation area.

The adjoining property (to the immediate west and north of the subject site) at No. 534 Pacific Highway, Mount Colah is listed as an item of local heritage significance (item 580) pursuant to Schedule 5 (Environmental Heritage) of the HLEP. The primary heritage values of the item have not been identified in the Hornsby Shire Heritage Inventory. However, it is considered that the values would comprise a retained Federation cottage form, materials of the existing dwelling house including its face brickwork, landscape setting, and relatively early construction (1913/1915).

The applicant has submitted a Statement of Heritage Impact prepared by NBRS + Partners assessing the impact of the development on the heritage significance of the item. Council’s Heritage Committee has assessed the proposal against the provisions of the Hornsby Development Control Plan 2013 and provided the following comments:

· The development represents a significant scale, form, orientation and style change from that of the adjacent heritage item. However, the proposed setbacks along the common boundaries, well-articulated facades, unobtrusive finishes and palette, flat roof, retention of existing mature plantings and proposed landscape screening would assist to minimise and mitigate any adverse visual effect.

· The proposed development would not affect the allotment size and garden features of the heritage item, which would still be recognised as a residential house with its own landscape settings. Adequate space would be provided to allow for its potential interpretation.

· The current public domain views to No. 534 Pacific Highway are limited because of existing mature plantings and a paling fence along the Pacific Highway frontage and side boundaries. The proposed development would form a relatively distant, screened backdrop to these limited views. There are no significant views from the heritage item to the public domain of the surrounding area that would be affected by the proposal.

The following amendments to the design of the development have been proposed to improve the interface with the heritage item:

· The setback of the proposed driveway to the western boundary has been increased to 2m. This would allow further screen planting acting as a buffer between the item and Block A.

· A 9m x 14m deep soil pocket is proposed within that section of the site adjoining the south-eastern corner of the property at No. 534 Pacific Highway. An existing tree at this location would be retained and further landscaping added to soften the visual impact.

· Screen planting is proposed along the northern boundary of Block C. The number of north-facing balconies has been reduced wherever possible and a minimum setback of 6m provided at the upper levels.

· The colour palette of the amended proposal does not include face bricks, but includes materials and finishes with dark tones that satisfactorily blend with the adjoining heritage item.

Given the above, it is considered that proposed development would result in a substantial scale change compared to the existing scale of the heritage item. However, the development has been designed to respect the heritage values of the item and would not result in a significant adverse effect on the heritage significance of the adjoining heritage listed property.

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 site adjoins residential properties to the west and north of the site and the rail corridor to the east. The application was referred to RailCorp who requested construction details to demonstrate that the excavation works required for the development would not adversely impact on RailCorp infrastructure. In response, the applicant has submitted a preliminary Geotechnical Investigation Report for the site that recommended further inspections during construction works. RailCorp has agreed to apply a deferred commencement condition requiring the submission of a final Geotechnical Report based on actual borehole testing complying with the above recommendation.

Council’s assessment of the proposed works 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 and railways. The development is located immediately adjacent to a rail corridor and has a frontage to a classified road corridor (Pacific Highway). The following matters are required to be considered pursuant to the SEPP.

2.5.1 Excavation Adjacent to Rail Corridors

Clause 86 of the SEPP Infrastructure applies to the development as the proposal involves the penetration of ground to a depth of at least 2 metres within 25 metres of a rail corridor. The application was referred to RailCorp for concurrence in accordance with the provisions of this clause. RailCorp agreed to grant concurrence subject to a deferred commencement condition requiring the submission of the final structural drawings, geotechnical report, ground movement details and detailed survey plans.

Subject to the fulfilment of this condition, the proposal is acceptable with respect to this clause.

2.5.2 Impact of Noise

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

2.5.3 Traffic Generating Developments

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

2.6 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.

2.6.1 State Environmental Planning Policy No. 65 – Design Quality of Residential Flat Development Amendment 3

SEPP 65 was amended on 19 June 2015 following review of the policy by the Department of Planning and Environment. The amendments replace the Residential Flat Design Guidelines with the Apartment Design Guide which prevails in the event of any inconsistency with a Development Control Plan.

Clause 31 (Transitional provisions for SEPP 65 – Amendment No. 3) states that “If a development application or an application for the modification of a development consent has been made before the notification on the NSW legislation website of the making of State Environmental Planning Policy No 65—Design Quality of Residential Flat Development (Amendment No 3) and the application has not been finally determined before the commencement of that amendment, the application must be determined as if the amendment had not commenced.”

Pursuant to the above provision, this amendment would not apply to the subject application and the previous version (Amendment 2) of the SEPP is required to be considered.

2.6.2 Design Principles

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 site is located within a precinct planned for five storey residential flat buildings in close proximity to Mount Colah Railway Station. 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 whilst respecting the heritage significance of the adjoining heritage item at No. 534 Pacific Highway. 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 HDCP. The building footprints also comply with the maximum floorplate of 35m prescribed within the HDCP. 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 buildings would appropriately contribute to the character of the desired future streetscape and include articulation to minimise the perceived scale. The proposed materials and finishes would add to the visual interest of the development. Flat roof forms have been adopted with an increased top storey setback on the external facades to minimise the perceived bulk and height of the building as required by the HDCP.
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 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 frontages, side and rear boundaries and includes two deep soil landscaped areas between the buildings. The proposal has been designed to facilitate the retention of existing trees within the site and the adjoining properties, wherever possible. Large trees are proposed along the street frontages intercepted by shrubs and hedges which would soften the appearance of the development when viewed from the streets. Deep soil areas that incorporate canopy trees are provided around the building envelopes which would enhance the development’s natural environmental performance and provide an appropriate landscaped setting. It is noted that a wide hardstand area would be located fronting the Werombi Road frontage to facilitate garbage collection. The matter is discussed in Section 2.10 of this report.
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 three central lifts connecting the basement and all other levels.
8. SAFETY AND SECURITY	Yes
Comment: The design orientates the balconies and windows of individual apartments towards the street, side boundaries and facing the landscaped areas providing passive surveillance of the public domain and communal open space areas. Both the pedestrian and vehicular entry points are secured and visibly prominent from the Pacific Highway and Werombi Road. The proposal includes an assessment of the development against crime prevention controls in the Statement of Environmental Effects (SEE). The SEE has regard to Crime Prevention Through Environmental Design Principles (CPTED) and includes details of 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; security controlled access to basement car park; intercom access for pedestrians; and security cameras located at the entrance of the building. Appropriate conditions of consent are recommended to require compliance with the above matters. Details regarding pedestrian access to the individual apartments are discussed in Section 2.10 of this report.
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 HDCP 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 shops.
10. AESTHETICS	Yes
Comment: The architectural treatment of the buildings incorporate indentations and projections in the exterior walls with balcony projections to articulate the facades. The roof is flat to minimise building height and incorporates eaves which would cast shadows across the top storey wall. The articulation of the buildings, 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 HDCP.

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

SEPP 65 (Amendment 2) 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	80% of the open space area	25% of the open space area	Yes
Communal Open Space	25%	25-30%	Yes
Ground Level Private Open Space	25m² Min Dimension 4m	25m² Min Dimension 4m	Yes Yes
Minimum Dwelling Size	1 br – 52m²-64m² 2 br – 70m²-89m² 3 br – 95m²-116m²	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) 50% accessible from the apartments	1 bed - 6m³ (Min) 2 bed - 8m³(Min) 3 bed - 10m³ (Min) 50% accessible from the apartments	Yes Yes Yes Yes
Dual Aspect and Cross Ventilation	76.3%	60%	Yes
Adaptable Housing	34.7%	10%	Yes

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

2.7.1 Apartment Layout

The proposed development includes a mix of single aspect and corner units including one, two and three bedroom apartments. Block C includes single aspect units whereas Block A and B include corner units only. The majority of units would be well ventilated and some corner units would be provided with dual aspect balconies. The RFDC requires that not more than 10% of apartments be south facing single aspect units.

As stated in the table, the development includes a varied range of unit sizes. Approximately 69% of the units would comply with the internal areas and unit configurations recommended by the RFDC guidelines. The balance of the units meets the requirements of the Code for affordable housing unit sizes.

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

2.7.2 Internal Circulation

The proposed development includes access to all floors via a lift for each building. The internal corridors meet the Code’s requirements for the number of units accessed (up to 8) and design for amenity. The ground floor foyer for Blocks A and B would also provide direct, level access to communal open space at the centre of the site. Block C does not provide direct access to the active communal area. A separate pathway along the southern boundary would provide access from this building to the landscaped areas within the site. This is not considered ideal however, given the irregular shape of the site and the siting of the buildings, the proposed access is acceptable.

The proposal complies with the requirements of the RFDC with regard to internal circulation.

2.7.3 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 apartments facing the rail corridor have been designed to minimise the number of balconies and openings on the eastern façade to retain acoustic privacy of the occupiers. As such, the application includes an acoustic report recommending noise mitigation measures to comply with the acoustic aims of SEPP Infrastructure. The consent conditions require the installation of acoustic attenuation measures to achieve the standards in the SEPP. The proposal is consistent with the RFDC for acoustic privacy.

2.7.4 Storage

The proposed building includes resident storage areas for the apartments, accessed from a hall or living room. 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 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.

2.9 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 achieve good planning outcomes.

2.10 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

40m – Pacific Highway

24.6m – Werombi Road

30m

Yes

Height

5 storeys including mezzanine – 17.5m

5 storeys – 17.5m

Yes

Maximum Floor-plate Dimension

Block A – 33m and 16m

Block B – 25m and 15m

Block C – 30m and 29m

35m

Yes

Building Indentation

4m x 4m on each façade over 25m in length

4m x 4m

Yes

Height of Basement Above Ground

1.8m

1m (max)

Front Setback

Pacific Highway

Werombi Road

10m – 12m

8m (for 10m) < 1/3 frontage

7m (balconies)

12m

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

8m (balconies)

10m

8m (for 10m) < 1/3 frontage

7m (balconies)

10m

8m (for 5.3m) < 1/3 frontage

7m (balconies)

Yes

Rail Corridor (side)

Block A

Block B

4m (for 7m) < 1/3 frontage

6m (balconies)

4m (for 6m) < 1/3 frontage

6m (balconies)

4m (for 11m) < 1/3 frontage

6m (balconies)

4m (for 6m) < 1/3 frontage

6m (balconies)

Yes

Side Setback (North Block C)

4m (for 9m) < 1/3 frontage

6m (balconies)

2m – Ground level terraces

4m (for 11m) < 1/3 frontage

6m (balconies)

Yes

Side Setback (West Block A)

4m (for 7m) < 1/3 frontage

6m (balconies)

4m (for 11m) < 1/3 frontage

6m (balconies)

Yes

Side Setback (South)

Block B

Block C

4m (for 5m) < 1/3 frontage

No balconies

4m (for 9m) < 1/3 frontage

6m (balconies)

4m – Ground level terraces

4m (for 5m) < 1/3 frontage

6m (balconies)

4m (for 11m) < 1/3 frontage

6m (balconies)

Yes

Top Storey Setback from Ground Floor

3m – Block A, B and C

<3m above lifts/stairs and in one section of the southern façade for Block C

Building Separation

Block A and Block B – 9m

Block B and Block C - 9m

Yes

Underground Parking Setback

7m-Pacific Highway

8m – Werombi Road

4m – Rail corridor (east)

4m – Northern side

4m – Southern side

Yes

Basement Ramp Setback

Yes

Deep Soil Landscaped Areas

7m-Pacific Highway

8m – Werombi Road

4m – Rail corridor (east)

4m – Northern side

4m – Southern side

9m x 14m and 9m x 8m

7m x 7m between buildings

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)

37%

50m² (min)

25%

Yes

Parking

76 resident spaces

12 visitor spaces

15 bicycle tracks

8 visitor bicycle racks

2 motorbike space

69 resident spaces

11 visitor spaces

15 bicycle tracks

8 visitor bicycle racks

2 Motorbike space

Yes

Solar Access 2 hours between 9am – 3pm

Solar Access 2 hours between 8am – 4pm

57.5%

80.8%

70%

N/A

Housing Choice

1br – units – 37%

2br – units – 52%

3br – units – 11%

10% of each type (min)

Yes

Adaptable Units

34.7%

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.

2.10.1 Desired Future Character

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

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

2.10.2 Site Requirements

The HDCP requires sites to have a minimum frontage of 30 metres. Whilst the subject site has a frontage of 40m to the Pacific Highway, the frontage to Werombi Road is 24.6m, which does not comply with this requirement. Council’s assessment concludes that the proposal is satisfactory in this regard for the following reasons:

· The proposal amalgamates four sites. The amalgamation pattern is consistent with the Key Principles Diagram for the precinct which indicates possible amalgamation of Nos. 2 and 4 Werombi Road and the development of No.536 Pacific Highway (at the corner) in isolation;

· Nos. 2 and 4 Werombi Road are constrained due to the adjoining heritage item and the battle-axe allotment with no frontage to the street. The non-compliance with the frontage to Werombi Road arises due to this reason; and

· The proposed development does not isolate No. 536 as it has a frontage of 59m to Werombi Road. The development in its current form would allow possible amalgamation of No. 536 with No. 534 Pacific Highway in the future for redevelopment.

2.10.3 Height

The proposed five storey building complies with the maximum 17.5m building height.

As stated in the above table, the basement would project up to 1.8m above the natural ground level at the south-eastern corner of the Block B (rear). The non-compliance has resulted due to the slope of the land. However, the overall height of the building at this point is within the 17.5m height limit and does not incorporate any additional levels. Being located at the rear, this non-compliance would be imperceptible from the public domain and is considered acceptable.

The basement under Block A and Block C would not protrude beyond 1m above the natural ground level.

2.10.4 Setbacks

As noted in the table above, the proposal generally complies with most of the building setback controls. The eastern boundary of the site is along the rail corridor. The front setback requirements have been applied to the Pacific Highway and Werombi Road frontages and side setbacks requirements have been applied to all other boundaries including the eastern boundary, which is the rear of the site. The compliance of the setbacks with the prescriptive measures within the HDCP is discussed below.

East Side Setback

The setback encroachment to the east is assessed as satisfactory due to the following reasons:

· The site is irregular in shape. The eastern boundary forms the side boundary for Nos. 2 and 4 Werombi Road as No. 530 and 532 Pacific Highway do not adjoin the rail corridor. Post amalgamation of the properties, this setback would be considered as the side setback for the entire development.

· A minimum setback of 6m to the rail corridor (east), reduced to 4m for a maximum 1/3 of the building width has been consistently applied to the following development applications on the adjoining properties:

o DA/629/2014 (approved by Council with a setback varying between 4m and 6m);

o DA/571/2015 and DA/525/2015 (currently under assessment on the southern side of the site);

· The proposed setbacks would have no adverse impact on the privacy or amenity of adjoining properties as the site adjoins the rail corridor;

· Generous landscaping with canopy trees intercepted by shrubs and hedges are proposed along the eastern boundary to screen the development;

· A provision of 8m-10m setback would compromise the built form fronting Werombi Road significantly, given the narrow frontage of 24.6m and the requirement of buffer with the heritage item to the west;

· A minimum 9m separation is proposed between Block B and Block C which has resulted in the current siting of Block B (being 6m from the eastern boundary). Provision of a 8m-10m setback from Block B along the eastern boundary would result in either:

o Non-compliance with the building separation requirements between Block B and Block C; or

o Unreasonable reduction of the building length for Block C which currently complies with the HDCP controls with regard to building length and setbacks.

· Given the substantial scale of all the developments along the western side of the rail corridor, this setback encroachment would be imperceptible from the public domain, being the residences within the R2 zone on the eastern side of Belmont Parade (opposite side of the rail corridor). Therefore, the proposed setback would not set an undesirable precedent for the locality.

It is considered that the proposal complies with the intent of the prescriptive measures which is to provide for landscaping, open space and separation between buildings and the proposal is acceptable in this regard.

Top Storey Setbacks

The HDCP requires 5 storey residential flat buildings to incorporate a 3m additional setback for the top storey on all elevations. The majority of the development complies with the top storey setback requirement. However, the following encroachments are noted at the top storeys of the three buildings:

· Block C: A building length of 4m, each on the northern and southern façades of Block C, does not include the additional 3m setback at the topmost level. This section has a setback of 8m from the southern boundary and is located above the indent;

· Block A: A minor section of the building, above the lift and stairs does not include the top storey setback; and

· Block B: A minor section of the building, above the lift and stairs does not include the top storey setback.

The non-compliances with the top storey setbacks relate to minor sections of the buildings, when compared to the overall scale of the development. Notwithstanding the non-compliances, the buildings appear as two pavilions, accentuated by the roof form. As the facades provide 4m x 4m indentations (where applicable), a balanced juxtaposition of horizontal and vertical blade elements, interesting fenestration and wrap around balconies pavilion effects, the overall built-forms are considered to be well articulated.

For Block A and B, the non-compliant sections at the topmost levels do not constitute habitable rooms and therefore, would not impact on building separation requirements of the RFDC or HDCP. At the topmost level, Block C includes habitable rooms within the non-compliant areas. The matter is addressed in Section 2.10.5 of this report. In this regard, it is considered that the intent of the prescriptive measure is achieved and that the minor non-compliances are acceptable.

2.10.5 Built Form and Separation

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

Building Separation

The RFDC and HDCP require a building separation of 12m between unscreened habitable areas or balconies increasing to 18m from the fifth level, for two residential buildings on adjoining sites. Accordingly, all proposed developments are required to provide half of the building separation, as setbacks from boundaries. Further, a 9m separation between buildings on the same site is allowed, where no unscreened habitable areas facing each other.

The northern, western and southern facades of the buildings would potentially adjoin five storey developments in the future. The development complies with the building separation requirements along these boundaries by proposing a minimum boundary setback of 6m for balconies and unscreened habitable areas up to the fourth level. Highlight windows and screens have been added to the habitable rooms with a 4m setback from the relevant boundaries.

Two bedrooms within Unit 38 of Block C (located at the topmost level) would have a setback of 8m from the southern boundary in lieu of the required 9m setback at this level. To address this, privacy screens have been added to the two rooms and are considered acceptable.

Additionally, a minimum 9m separation is maintained between the buildings within the site. Highlight windows, additional privacy screens and 1200mm high glass balustrades to balconies have been added in sections of the buildings where unscreened habitable areas of two buildings face each other, internally within the site.

Given the above, the proposal is acceptable with regard to building separation.

Floor-Plates

The proposed buildings have a maximum floor-plate of 35m which complies with the HDCP. The proposal includes 4m x 4m indentations on facades that exceed 25m in length and the buildings appear as two pavilions. It is noted that a clear 4m x 4m indentation has not been proposed for the eastern elevation of Block A (facing the rail corridor). However, the building has been significantly indented along this elevation which creates the pavilion effect and is considered a better outcome, compared to an indent at one location.

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 buildings would incorporate a varied use of finishes including acrylic render paint finishes, metal cladding, timber screens and a dark toned colour palette with lightweight balconies.

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

2.10.6 Landscaping

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

A 10m wide hardstand area is proposed along the front setback of Werombi Road due to the 6m wide driveway and the garbage truck standing area. The initial proposal included garbage truck access to the basement to increase landscaping along the street frontage. However, this resulted in reducing the setback along the western boundary and inadequate screen planting in relation to the heritage item.

In response to Council’s concerns, the applicant revised the design of Block A and proposes a common garbage collection area at the ground level. This creates a 2m wide landscape buffer along the western boundary at the interface of the development with the heritage item. Given the narrow frontage to Werombi Road, the functional requirement of the hardstand area and the landscape buffer with the heritage item, the proposal is acceptable. The remaining frontage along Werombi Road has been landscaped with trees and shrubs. Furthermore, the site falls away from the street at this location and the hardstand area would not be prominently visible from Werombi Road. The Pacific Highway setback, eastern, southern and northern setbacks include deep soil planting with a variety of medium to large sized native trees and shrubs to provide privacy and screen and peripheral landscaping.

As stated in the table above, two deep soil pockets are proposed at strategic locations between Block B and C to contribute towards deep soil planting, communal open space and screening of the heritage item.

Council’s assessment concludes that the proposal is satisfactory with regard to landscaping subject to the following:

· The size of the terrace to Unit 3 at the ground level of Block A (fronting the heritage item) be reduced to provide for a 4m wide landscaped buffer at this location;

· An additional large tree be added along the northern boundary of the communal open space to provide further screening for the heritage item; and

· Additional native trees be planted along the setbacks to improve the landscaped setting in accordance with the Key Principles Diagram for the precinct.

2.10.7 Open Space

The proposed private open space areas generally comply with the prescriptive area requirements, include a range of layouts with access off living areas and would provide for a range of outdoor activities. All units comply with the minimum open space areas prescribed by the HDCP.

The proposed communal open space areas comply with the prescriptive area requirements and would provide for larger gatherings between the buildings. Block A and B provide direct access to the common area from the respective foyer areas. Block C is not directly linked to this area from the foyer due to the design and orientation of the ground floor units. A separate pathway, proposed along the southern boundary of the site, provides access which is considered acceptable as it would be subject to surveillance by the adjoining units and would be clearly visible from the upper level units.

It is noted that the children’s play area is located immediately adjoining Unit 2 of Block B. Conditions of consent recommend a minimum 1.2m high screen planting at this location to avoid any adverse impact on the amenity of the residents. It is considered the proposed open space provision would provide for a range of outdoor activities and encourage active living.

2.10.8 Privacy and Security

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

In terms of security, the proposal comprises identity safe, clear and direct pedestrian entrances from Pacific Highway and Werombi Road. Passive surveillance is achieved by the orientation of private open space and living room windows of units being oriented to the street and rear, communal open spaces on the site.

2.10.9 Sunlight and Ventilation

HDCP requires that at least 70% of dwellings should receive 2 or more hours of sunlight to the living room windows and private open space. In this regard, the applicant has submitted solar access diagrams and a Solar Access and Cross Ventilation Report prepared by Steve King Consultant, demonstrating solar access for individual units.

The applicant submits that 70% (51 units) would receive a minimum 2 hours solar access between 9am and 3pm during the Winter Solstice. The submitted solar access report indicates that a further 10 units would achieve solar access between 8am until 4pm.

Council’s assessment in this regard concludes that 57.5% (42/73 units) would receive 2 hours of unobstructed solar access to the living room windows and private open space between 9am and 3pm during the Winter Solstice, which does not comply with the HDCP requirements. However, an additional 17 units (59/73), constituting 80.82% of the dwellings, would achieve 2 hours of direct solar access between 8am until 4pm. This is considered acceptable due to the following reasons:

· The relationship of True North to the side boundaries is such that two hours of unobstructed solar access is not available to the eastern and western elevations of the proposed buildings.

· The site adjoins the rail corridor to the east. Therefore, the eastern elevations of Block A and B would receive unobstructed solar access from 8am with no overshadowing impacts.

· Similarly, the western elevations of Block A and Block C would receive unobstructed solar access up to 4pm with no overshadowing impacts due to adjoining developments.

Based on Council’s assessment with the extended hours, the proposal complies with the requirements of the HDCP. The proposal complies with the requirement for at least 60% of dwellings to have dual aspect and natural cross ventilation.

The application is assessed as satisfactory with regard to sunlight access and natural ventilation.

2.10.10 Housing Choice

As stated in the above table, the proposed development includes a mix of one, two and three bedroom units including adaptable units complying with the prescriptive measures of the HDCP.

2.10.11 Vehicular Access and Parking

The proposed basement car park is over two levels and is accessed via a 6.1m wide driveway from the Werombi Road. Council’s assessment in this regard concludes that Werombi Road would require upgrading to accommodate the additional traffic and comply with the relevant Australian Standards. A condition of consent requires the applicant to complete the required road works along the entire frontage of the site, prior to the issue of the Occupation Certificate.

Parking provision within the basement levels is in accordance with the minimum number of car spaces prescribed by the HDCP. The basement level includes storage areas for residents, bicycle/motor cycle parking areas and twelve accessible car spaces.

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

2.10.12 Waste Management

The proposal includes a waste management plan with details of waste management during the demolition phase and the construction phase of building works. The site will require 8 x 660 litre garbage bins serviced two times per week, 18 x 240 litre recycling bins serviced weekly and one 3 x 660 litre paper/cardboard bin.

An accessible garbage room with a chute and a recycling bin has been proposed at each residential level of each building. Three common garbage rooms are proposed at the upper basement level below the chutes. The garbage room for Block C would include a volume handling equipment being 2 x 660 litres linear or bin carousel. Bulky waste storage areas have not been delineated, however, there is sufficient space within the garbage rooms below Block B and C for this purpose. Both waste rooms are to be fitted with roller doors to screen the bins.

A separate ground level bin storage and collection area is proposed at the northern end of the site fronting Werombi Road. A service lift would carry the garbage from the basement to the ground level for collection. The waste collection vehicle (being a Small Rigid Vehicle) would reverse on to the truck standing area and egress in a forward direction. The collection area is sufficiently separated from the ground floor units and would not result in adverse amenity impacts due to noise and odour.

Subject to conditions of consent, the proposed development is assessed as satisfactory with regard to on-going waste management operations on site and service vehicle access.

2.10.13 Pacific Highway, Mount Colah Precinct

The strategy for redevelopment of this precinct is to incorporate five storey residential flat buildings in garden settings with parking in basements. The development would provide for a landscaped setting and a built form that is consistent with the desired outcome for the Pacific Highway, Mount Colah precinct. The development is consistent with the servicing strategy to promote access from local streets. The scheme is also consistent with the residential amenity principle to minimise the width of facades and communal recreation areas that directly face or adjoin the railway.

The proposal maintains setbacks generally in accordance with the HDCP and the amalgamation is generally consistent with the Key Principles Diagram. The development would provide a landscaped setting and a built form that is consistent with the desired future outcome for the precinct.

2.10.14 Heritage

The matter is discussed in Section 2.1.3 of this report.

2.11 Section 94 Contributions Plans

Hornsby Shire Council Section 94 Contributions Plan 2012-2021 applies to the development as it would result in an additional 68 residential dwellings in lieu of the 4 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 site comprises a number of exotic, native planted trees and locally indigenous specimens.

The applicant submitted an Arboricultural Impact Report which identifies 46 trees on, or adjacent to, the proposed development site, including street trees along the Pacific Highway frontage. The development footprint would require removal of 31 trees. 15 trees are proposed to be retained including trees within the adjoining site at No. 534 Pacific Highway and a large “Cinnamomum camphora” (Camphor laurel), located on the setback fronting the Pacific Highway, with a setback of 12m. Given the setback of the basement from the front boundary, the Camphor laurel cannot be retained. This tree is not listed as indigenous under HDCP. Accordingly, removal of this tree is recommended subject to replacement planting being undertaken.

A landscape plan has been submitted with the application that includes replacement planting with a range of locally native plant species with a mix of small, medium and large canopy trees (32 in total), shrub layers and ground covers. Subject to conditions requiring four additional large canopy trees, screen planting at specified locations and on-going maintenance of the landscaped areas, the development would achieve a landscape setting and would be acceptable with respect to the natural environment.

3.1.2 Stormwater Management

The development would connect to Council’s drainage system located on the Pacific Highway and Werombi Road via an onsite detention tank located at the rear of the site to control the discharge of water from the site.

The stormwater concept plan incorporates a water quality treatment system in the form of a bio-retention system on the eastern boundary of the site. The details of the system and the associated MUSIC model, prepared by an accredited person, have been submitted and assessed as satisfactory by Council, subject to the implantation of recommended conditions of consent.

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 Impact Assessment submitted with the proposal has estimated the traffic generation of the existing site and proposed development using RMS traffic generation rates. The net traffic generation is estimated to be 11 and 7 vehicle trips per hour in the AM and PM peak hours respectively, which is negligible when compared with the traffic volumes on the adjacent road network.

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

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

3.3 Social Impacts

The residential development would improve housing choice in the locality by providing a range of house hold types. 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.

The location of the development is in close proximity to the Mount Colah Railway station allowing direct access to commercial centres, recreational, health and education facilities for future residents.

3.4 Economic Impacts

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

4. SITE SUITABILITY

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

The subject site has not been identified as bushfire prone or flood prone land. The site is considered to be capable of accommodating the proposed development. The scale of the proposed development is consistent with the capability of the site and is considered acceptable.

5. PUBLIC PARTICIPATION

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

5.1 Community Consultation

The proposed development was placed on public exhibition and was notified to adjoining and nearby landowners between 18/07/2014 and 31/07/2014 in accordance with the Notification and Exhibition requirements of the HDCP. During this period, Council received seven submissions from five residents. Following submission of amended plans, the application was re-notified between 9/03/2015 and 23/03/2015 whereby one submission was received. 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
ONE SUBMISSION RECEIVED OUT OF MAP RANGE

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

· Unacceptable traffic on Werombi Road and local streets;

· Inadequate parking on the site for the residents;

· Unacceptable overshadowing of adjoining properties; and

· Development that is excessive in bulk and scale and out of character with the 2-storey buildings in the area.

The submissions also made the following observations:

· Werombi Road is not capable of accommodating the proposed developments;

· The cumulative traffic impact and disruptions in the event of emergency situations due to multiple development application for five storey developments within the precinct should be considered;

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

· Mount Colah does not have adequate infrastructure to cater for this development;

· The proposal does not include any 3-br units; and

· The development would result in accumulation of garbage along the frontage of the site.

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

5.1.1 Inadequate Infrastructure

Concerns are raised that existing infrastructure is inadequate to cater for an increased population. In particular, the traffic assessment did not consider the impact of the additional units when there was an emergency/ closure on the M1 and traffic was rerouted to the Pacific Highway. In addition, concerns were raised that additional units would increase on-street parking and traffic congestion.

The suitability of the locality for high density residential development was considered by Council and the Department of Planning during the rezoning of the precinct. Weight must be given to the applicable zoning of the land in the resolution of a dispute as to the appropriate development of any site.

The volume of on-site parking provided is in accordance with the HDCP and meets the demand of future residents plus visitors. Additionally conditions of consent are recommended requiring the upgrade of Werombi Road to accommodate the additional traffic. The matter is discussed in Section 2.10.11 of this report.

Conditions of consent require the applicant to demonstrate that the satisfactory arrangements have been made with Telstra and Ausgrid to service the proposed development. A Certificate from Sydney Water is also required to be provided demonstrating the development has been connected to the exiting sewer infrastructure in the locality.

5.1.2 Development Inconsistent with the Existing Character of the Area

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

5.1.3 Unit Mix

Concerns are raised regarding the exclusion of 3-bedroom units. The initial proposal did not include any 3-bedrom units. Following Council’s concerns regarding the unit mix, the application has been amended to include eight x 3-bedroom units to comply with the unit mix requirements of the HDCP.

5.2 Public Agencies

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

5.2.1 RailCorp

The application was referred to RailCorp pursuant to the provisions of SEPP Infrastructure as the development involves excavation of land adjacent to a railway corridor. RailCorp raised no objections subject to the recommendation of a deferred commencement condition requiring the submission of the following information:

· Detailed Geotechnical Report and Structural Drawings;

· Detailed Survey Plans; and

· Detailed cross-sectional drawings showing relationship of the land and the railway infrastructure.

Additionally RailCorp has also recommended conditions requiring awning windows, louvres, enclosed balconies, window restrictors etc. within 20m of rail corridor to restrict throwing of objects; submission of an electrolysis report and aerial craneage details.

5.2.2 Roads and Maritime Services

The proposal was referred to the Roads and Maritime Services for comments pursuant to the provisions of SEPP (Infrastructure). No objections were raised subject to recommended conditions of consent.

6. THE PUBLIC INTEREST

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

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

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

CONCLUSION

The application seeks approval for the demolition of existing structures and construction of three, five storey residential flat buildings comprising 73 units and basement car parking. The site adjoins a heritage item to the north and west.

The proposed development is generally in accordance with the development controls for the ‘Pacific Highway, Mount Colah’ Precinct of the HDCP and would contribute to the future desired five storey residential character of the precinct whilst retaining the heritage values of the adjoining item. The proposal complies with the design principles of SEPP 65 and the Residential Flat Design Code.

The proposal would result in a development that would be in keeping with the desired future character of the precinct. Approval of the application as a deferred commencement is recommended.

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

RESPONSIBLE OFFICER

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

Rod Pickles

Manager - Development Assessment

Planning Division

James Farrington

Group Manager

Planning Division

Attachments:

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

File Reference: DA/708/2014

Document Number: D05971694

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 applicant satisfies the Council that it has obtained approval/certification from Sydney Trains as to the following matters:

a) Final Geotechnical and Structural report/drawings: The Geotechnical Report must be based on actual borehole testing conducted on the site closest to the rail corridor. The Structural drawings/report shall include excavation and construction sequencing, revised retaining wall design indicating sectional forces, pressures behind the wall and wall deflections, and footing layout plan showing the type of footings, founding depths and founding materials.

b) Final Construction methodology with construction details pertaining to structural support during excavation.

c) Final cross sectional drawings showing ground surface, rail tracks, sub soil profile, proposed basement excavation and structural design of sub ground support adjacent to the Rail Corridor. All measurements are to be verified by a Registered Surveyor.

d) Detailed Survey Plan showing the relationship of the proposed developed with respect to Sydney Trains land and infrastructure.

e) A numerical (i.e. finite element) analysis which assesses the different stages of loading-unloading of the site, ground movement and its effect on the rock mass surrounding the rail corridor.

Such information shall be submitted within 24 months of the date of this notice.

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

2. Approved Plans and Supporting Documentation

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

Plan No.	Plan Title	Drawn by	Dated
DA-100 D	Site/Roof Plan	Laurie Liskoswski Architect	9/07/2015
DA-101 D	Carpark B1 and B2	Laurie Liskoswski Architect	9/07/2015
DA-102 D	Ground Floor Plan	Laurie Liskoswski Architect	9/07/2015
DA-103 D	First Floor Plan	Laurie Liskoswski Architect	9/07/2015
DA-104 D	Second Floor Plan	Laurie Liskoswski Architect	9/07/2015
DA-105 D	Third Floor Plan	Laurie Liskoswski Architect	9/07/2015
DA-106 D	Fourth Floor Plan	Laurie Liskoswski Architect	9/07/2015
DA-107 D	Fifth Floor Plan	Laurie Liskoswski Architect	9/07/2015
DA-200 D	Elevations	Laurie Liskoswski Architect	9/07/2015
DA-201 D	Elevations	Laurie Liskoswski Architect	9/07/2015
DA-300 D	Sections	Laurie Liskoswski Architect	9/07/2015
DA-301 D	Sections	Laurie Liskoswski Architect	9/07/2015
LPDA 14-349/1 D	Landscape Plan	Conzept Architects	18/06/2015
LPDA 14-349/2 A	Landscape Details	Conzept Architects	13/06/2014
SK000 - C	Cover Sheet	Martens And Associates	25/05/2015
SK001 - C	Concept Stormwater-Ground Level	Martens And Associates	10/06/2015
SK002 - C	Concept Stormwater-Basement Level 1	Martens And Associates	25/05/2015
SK003 - C	Concept Stormwater-Basement Level 2	Martens And Associates	25/05/2015
SK004 - C	OSD 1 and 2 Plan Detail	Martens And Associates	25/05/2015
SK005 - C	OSD 1 Section Detail	Martens And Associates	25/05/2015
SK006 - C	OSD 2 Section Plan Detail	Martens And Associates	25/05/2015
SK007 - C	Drains Modelling	Martens And Associates	25/05/2015
SK008 - C	Typical Drainage Details	Martens And Associates	25/05/2015

Document Title	Prepared by	Dated
Traffic and Parking Assessment Report	Terrafic Pty Ltd	25/06/2014
Acoustic Noise and Vibration Report	Acoustic Solutions Pty Ltd	30/05/2014
Arboricultural Impact Report	Landscape Matrix Pty Ltd	5/06/2014
Waste Management Plan	Mackenzie Architects International	13/06/2014
Statement of Compliance Access for People with a Disability	Accessible Building Solutions	23/05/2014
Statement of Heritage Impact	NBRS + Partners	June 2014
SEPP 65 Amenity Compliance Report Rev A	Steve King	23/04/2015
Shadow Diagrams DA 500-502 A	Mackenzie Architects	Received by Council on 7/07/2014
Statement of Environmental Effects	Think Planners	25/06/2014
Design Verification Statement	Laurie Liskoswski	30/06/2015
BASIX Certificate 648113M	Eco Certificates Pty Ltd	14/07/2015
Nathers Certificate	Eco Certificates Pty Ltd	12/07/2015
Photomontage	Laurie Liskoswski Architect	Received by Council on 30/06/2015
Schedule of Materials and Finishes	Laurie Liskoswski Architect	Received by Council on 30/06/2015
Water Quality Assessment Report	Martens And Associates	12/06/2015

3. Removal of Existing Trees

This development consent permits the removal of 32 trees numbered 1, 2, 3, 4, 5, 6, 7, 8, 15, 16, 23, 24, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44 and 46 as identified on the approved Landscape Plan LPDA-14-349/1 Issue D prepared by Conzept Landscape Architects dated 18/06/2015. 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

a) The approved ‘Basement Plan’ must be amended by adding a ‘Volume handling equipment’ such as a minimum of 2x660L bins (linear or carousel), to the garbage chute system of Building C.

b) The size of the terrace to Unit 3 at the ground level of Block A (fronting the heritage item) be reduced, as marked on the approved Ground Floor Plan, to provide for a 4m wide landscaped area at this location.

c) An additional large tree, “Toona cillata” (minimum pot size 1 litre) is to be added along the northern boundary of the communal open space to provide further screening for the heritage item, as marked on the approved Landscape Plan.

d) 1.2m high screen planting is to be provided in between the children’s play area and the terrace to Unit 2 of Block B.

5. Construction Certificate

a) 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.

b) The Construction Certificate plans must not be inconsistent with the Development Consent plans.

6. 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	$ 32,785.00
Open Space and Recreation	$ 788,716.60
Community Facilities	$ 109,929.65
Plan Preparation and Administration	$ 3,267.55
TOTAL	$934,698.80

being for 32 x 1-br, 33 x 2-br and 8 x 3-br units with a credit for 4 existing lots.

b) The value of this contribution is current as at 9 July 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

7. Building Code of Australia

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

8. Contract of Insurance (Residential Building Work)

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

9. Notification of Home Building Act, 1989 Requirements

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

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

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

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

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

i) The name of the owner-builder; and

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

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

10. Noise

The development must be carried out in accordance with the recommendations contained within the acoustic report submitted with the development application, titled, prepared by SLR and dated 05.12.2014 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).

11. 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.

12. Dilapidation Report

A ‘Dilapidation Report’ is to be prepared by a ‘chartered structural engineer’ detailing the structural condition of No. 534 Pacific Highway, Mount Colah.

13. Adaptable Units/Letter Boxes/Acoustics

The following details must be provided with the Construction Certificate plans.

a) The development is required to provide 25 units designed as adaptable housing pursuant to the requirements of 1C.2.2 of the Hornsby Development Control Plan 2013. In this regard, eight (8) car parking spaces are to be designed for people with a disability and allocated to 8 adaptable units.

b) The waste facility provided at each residential level for all the three buildings must be accessible by persons with a disability.

c) The letter boxes must be located as shown on the approved LPDA 14-349/1 Issue D.

d) The recommendations within the Acoustic Noise and Vibration Report prepared by Acoustic Solutions Pty Ltd dated 30/05/2014 must be incorporated.

14. Storage

Each dwelling within the development must have a minimum area for storage (not including kitchen and bedroom cupboards) for 6m3 for one bedroom units, 8m3 for two bedroom units and 10m3 for three bedroom units, where 50% is required to be located within the apartment and accessible from either the hall or living area. Details must be submitted with the Construction Certificate plans.

15. 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 shall be submitted to Council for approval prior to the issue of the Construction Certificate.

16. Construction Management Plan

A Construction Management Plan (CMP), prepared by a suitably qualified consultant, must be submitted for approval by Council. The CMP must be include, but not be limited, details of the following:

a) Noise attenuation measures be implemented along the northern and eastern boundary of the site (adjoining No. 534 Pacific Highway) including a hoarding height not less than 3m from the existing ground level;

b) During excavation works, rock removal must be undertaken by sawing instead of rock hammering, wherever practicable;

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

d) The construction works must be undertaken in accordance with the “Interim Construction Noise Guidelines – 2009” published by DECCW and achieve compliance with the relevant noise levels; and

e) The delivery times and vehicular movements related to demolition, excavation and construction works must be restricted to the construction hours only.

17. Internal Driveway/Vehicular Areas

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

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

b) The driveway must be a rigid pavement;

c) Conduit for utility services including electricity, water, gas and telephone must be provided; and

d) The first 6m of the driveway and ramp between the waste collection vehicle (Small Rigid Vehicle) parking area and the garbage collection room must not have a gradient steeper than 1:20 (5%).

18. Driveway Longitudinal Sections

Longitudinal sections along both sides of the access driveway shall be submitted to the principal certifying authority in accordance with the relevant sections of AS 2890.1 and the following requirements:

a) The maximum grade shall not exceed 1 in 4 (25%) with the maximum changes of grade of 1 in 8 (12.5%) for summit grades and 1 in 6.7 (15%) for sag grades. Any transition grades shall have a minimum length of 2 metres. The longitudinal sections shall incorporate the design levels obtained by Council.

Note: A construction certificate shall be obtained prior to the commencement of these works and are to be completed prior to the issue of an occupation certificate.

19. Sydney Water – Quick Check

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

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

20. Waste Management Plan

Waste Management Plan Section One – Demolition Stage and Section Three – Construction Stage, covering the scope of this project and including the following details, is required to be submitted to Council:

a) An estimate of the types and volumes of waste and recyclables to be generated;

b) A site plan showing sorting and storage areas for demolition and construction waste and the vehicle access to these areas;

c) How excavation, demolition and construction waste materials will be reused or recycled and where residual wastes will be disposed; and

d) The total percentage (by weight) of demolition and construction waste that will be reused or recycled.

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 around trees numbered 9, 10, 11, 12, 13, 14, 17, 18, 19, 20, 21, 22 and 25 to be retained at setbacks specified below.

The tree fencing must be constructed of 1.8 metre ‘cyclone chainmesh fence’ or star pickets spaced at 2 metre intervals, connected by a continuous high-visibility barrier/hazard mesh at a height of 1 metre.

Tree No.	Tree Species	Tree Protection Zone (TPZ)
9	Archontophoenix alexandrae	3 metres
10	Pittosporum eugenioides	3 metres
11	Cedrus atlantica	3.6 metres
12	Jacaranda mimosifolia	4 metres
13	Grevillea robusta	6 metres
14	Lophostemon confertus	6 metres
17	Juniperus chinensis	10.8 metres
18	Chamaecyparis obtuse	4 metres
19	Populus deltoides	6 metres
20	Populus deltoides	6 metres
21	Populus deltoides	6 metres
22	Populus deltoides	3 metres
25	Lagerstroemia indica	4 metres

26. 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

27. 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. No excavation or rock sawing/breaking is to occur on Saturdays.

28. 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.

29. 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.

30. Asbestos and Soil Contamination

Should the presence of asbestos or soil contamination, not recognised during the application process be identified during works, the applicant must immediately notify the principal certifying authority and Council.

31. Street Sweeping

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

The street cleaning services must undertake a street ‘scrub and dry’ method of service and not a dry sweeping service that may cause sediment tracking to spread or cause a dust nuisance.

32. Works Near Trees

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

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

c) 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 Zones as prescribed in the HDCP Section 1B.6.1(i) of any tree to be retained.

33. 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.

34. 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.

35. 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.

36. 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.

37. 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.

38. Survey Report

A report(s) must be prepared by a registered surveyor and submitted to the principal certifying authority:

a) Prior to the pouring of concrete at each level of the building certifying that:

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

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

b) Confirming that the waste collection vehicle turning area complies with AS2890.1 – 2004 and AS20890.2 – 2002 for small rigid vehicles (SRV).

39. Waste Management Details

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

a) The identity of the person removing the waste.

b) The waste carrier vehicle registration.

c) Date and time of waste collection.

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

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

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

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

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

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

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

40. Fulfilment of BASIX Commitments

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

41. 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.

42. 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 in the approved plans, Council’s Civil Works – Design and Construction Specification 2005 and the following requirements:

a) Connected directly to the street drainage systems at Werombi Road and Pacific Highway via an on-site detention system and the approved water quality treatment facility.

b) Details must be submitted with the Construction Certificate Plans.

Note 1: A separate construction certificate is to be submitted to Council for connection of the stormwater pipe from the development site to the Council system.

Note 2: Council is the only authority to approve works within the Road Reserve.

43. 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 storage capacity to accommodate volume 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) Details must be submitted with the Construction Certificate Plans.

44. Water Quality Treatment/Bio-Retention System

a) Stormwater discharging from the development site is to be treated to achieve the quality specified in Council’s Development Control Plan 2012 (table 1C.1.2(b) Urban Stormwater Quality Targets).

b) 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.

45. 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) The driveway to be designed in accordance with Condition 19 of this development consent;

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

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

d) Visitors are to be able to access the basement car park by an audio/visual intercom system located at the top of the ramped driveway.

e) Twenty-three bicycle spaces (resident and visitor) are to be provided in the basement car park. Bicycle parking spaces are to be designed in accordance with AS 2890.3-1993;

f) Two motorcycle parking spaces are to be provided within the basement car park, designed in accordance with AS 2890.5-1993;

g) All parking for people with disabilities is to comply with AS/NZS 2890.6:2009 Off-street parking for people with disabilities; and

h) Garbage Truck access to the site be provided in accordance with the approved plans.

46. Vehicular Crossing

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

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

b) The footway area must be restored by turfing;

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

d) Details must be submitted with the Construction Certificate Plans.

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

47. Road Works

a) The length of Werombi Road fronting the site needs to be reconstructed/upgraded to the following standards:

i) Half width of the 11m carriageway (from kerb to kerb) is to be constructed and centred between road boundaries;

ii) Half of the 15m diameter cul-de-sac is to be constructed;

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

iv) Existing pavement must be replaced where inadequate;

v) Existing kerb and gutter are to be replaced and new footpath constructed;

vi) Appropriate transition must be made to adjoining kerb and gutter; and

b) All road works approved under this consent must be constructed in accordance with Council’s Civil Works Design and Construction Specification 2005

c) A construction certificate is to be submitted to Council for approval

d) All details must be submitted with the Construction Certificate Plans.

48. 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 and bio-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 and bio-retention systems are 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 and bio-retention systems must be submitted verifying that the required storage and discharge rates have been constructed in accordance with the design requirements. The details must show the invert levels of the onsite system together with pipe sizes and grades and details of the bio-retention system. Any variations to the approved plans must be shown in red on the “works-as-executed” plan and supported by calculations.

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

49. 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.

50. 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.

51. 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.

52. Waste Management

The following waste management requirements must be complied with:

a) The bin storage rooms at the basement 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.

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) A bulky waste storage area of at least 8m² is to be identified and marked with paint and signage.

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

Note: Ramps between different levels are acceptable.

g) The bin carting route between the garbage collection area and the truck parking location must not be steeper than 1:20 (5%).

h) Prior to an Occupation Certificate being issued or the use commencing, whichever is earlier, the Principal Certifying Authority must obtain Council’s approval of the waste and recycling management facilities provided in the development and ensure arrangements are in place for domestic waste collection by Council.

53. 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.

54. Unit Numbering

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

55. Safety and Security

This site must include the following elements:

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

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

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

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

e) CCTV cameras must be installed at the entry and exit point and the around the mailbox.

f) The communal open spaces within the site must be illuminated with high luminance by motion sensor lighting.

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

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

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

56. Retaining Walls

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

59. Boundary Fencing

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

The carport, located on the eastern boundary of the site, must be removed with permission from RailCorp, prior to the erection of the fencing along the rail corridor.

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

60. 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 and the following requirements:

a) On slab planter boxes including any planting proposed over the bio-retention system, 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;

b) 1.2m high screen planting to be added in between the children’s play area and the north of the terrace to Unit 2 of Building B; The additional tree to be planted on the northern boundary of the communal pen space at its interface with the heritage item; and

c) Proposed planting of Jacaranda, within the setback to Pacific Highway, be replaced by three (3) native tree species (large canopy trees), to be installed in 100Litre pot size.

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.

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.

62. Final Certification Acoustic Consultant

A final certificate must be provided by the Acoustic Consultant stating that the recommended measures within the approved Acoustic Report, have been complied with.

63. 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.

OPERATIONAL CONDITIONS

64. 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).

65. Landscape Establishment

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

66. Car Parking and Deliveries

All car parking must be operated in accordance with Australian Standard AS 2890.1 – 2004 – Off Street Car Parking and Australian Standard 2890.2 - 2002 – Off Street Commercial and the following requirements:

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

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.

67. Sight Lines

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

68. Waste Management

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

a) Site security measures implemented on the property, including electronic gates, must not prevent access to the collection points by waste removal services.

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

c) A site caretaker must be employed and be responsible for moving bins where and when necessary, washing bins and maintaining waste storage areas, ensuring the chute system and related devices are maintained in effective and efficient working order, managing the communal composting area, managing the bulky item storage area, arranging the prompt removal of dumped rubbish, and ensuring cars do not park in the loading bay and that all residents are informed of the use of the waste management system.

d) The approved on-going waste management practise for the site must not be amended without consent from Council.

69. 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.

GENERAL TERMS OF APPROVAL – SYDNEY TRAINS

The following conditions of consent are General Terms of Approval from the nominated State Agency pursuant to Section 91A of the Environmental Planning and Assessment Act 1979 and must be complied with to the satisfaction of that Agency.

70. Operational Conditions

a) The applicant shall comply with the requirements contained in the RailCorp land owner’s consent dated 22 April 2015.

b) The existing carport encroaching into the rail corridor shall not be removed until further approval is obtained from the Sydney Trains Rail Corridor Management Group Interface Manager External Projects (Mr Richard Grant ph.: 8575 0262).

c) All excavation, shoring and piling works within 25m of the rail corridor are to be supervised by a geotechnical engineer experienced with such excavation projects.

d) No rock anchors/bolts are to be installed into RailCorp's property.

e) Drainage shall not be discharged within the rail corridor.

f) The following are to be submitted to Sydney Trains for review and endorsement prior to the issuing of a Construction Certificate:

i) Machinery to be used during excavation construction;

ii) If required by Sydney Trains, Track/vibration monitoring plan detailing the proposed method of track monitoring during excavation and construction phases; and

iii) If required by Sydney Trains, a rail safety plan including instrumentation and the monitoring regime.

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

g) No modifications are to be made to that approved design without the consent of Sydney Trains

h) No work is permitted within the rail corridor, or rail easements, at any time unless prior approval or an Agreement has been entered into with Sydney Trains.

i) 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.

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

k) Prior to the issuing of a Construction Certificate, the Applicant shall submit an Acoustic Report to Council demonstrating how the proposed development will comply with the Department of Planning’s document titled “Development near Rail Corridors and Busy Roads-Interim Guidelines”. The applicant must incorporate in the development all the measures recommended in the report.

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

m) Given the possible likelihood of objects being dropped or thrown onto the rail corridor from balconies, windows and other external features (e.g. roof terraces and external fire escapes) that are within 20m and face the rail corridor, the Applicant shall provide Sydney Trains for endorsement details of the measures to be installed (e.g. awning windows, louvres, enclosed balconies, window restrictors etc.) which prevent the throwing of objects onto the rail corridor. These measures are to comply with Sydney Trains' requirements. The Principal Certifying Authority is not to issue the Construction Certificate until it has confirmed that these measures are to be installed and have been indicated on the Construction Drawings.

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

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

o) Prior to the issue of a Construction Certificate a Risk Assessment/Management Plan and detailed Safe Work Method Statements (SWMS) for the proposed works are to be submitted to Sydney Trains for review and comment on the impacts on rail corridor.

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

p) 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.

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

r) 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.

s) Prior to the issuing of an Occupation Certificate the Applicant is to submit as-built drawings to Sydney Trains and Council.

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

t) Copies of any certificates, drawings, approvals given to or issued by Sydney Trains must be submitted to Council for its records. If required by Sydney Trains, 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 requirement of Australian Standard AS1500.

The Principal Certifying Authority is not to issue the Construction Certificate until written confirmation has been received from Sydney Trains confirming that it has received this report and the Principal Certifying Authority has also confirmed that the measures recommended in engineers report have been indicated on the Construction Drawings.

u) The Applicant must provide a plan of how future maintenance of the development (including the wall on the boundary) along the rail corridor is to be undertaken. The maintenance plan is to be submitted to Sydney Trains prior to the issuing of an Occupation Certificate. The Principal Certifying Authority is not to issue an Occupation Certificate until written confirmation has been received from Sydney Trains advising that the maintenance plan has been prepared to its satisfaction.

v) 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.

w) Prior to the commencement of works appropriate fencing is to be installed along the rail corridor to prevent unauthorised access to the rail corridor during construction. Details of the type of fencing and the method of erection of any new fencing are to be to Sydney Trains satisfaction prior to the fencing work being undertaken.

x) The development shall have appropriate fencing fit for the future usage of the development site to prevent unauthorised access to the rail corridor by future occupants of the development. Prior to issuing of an Occupation Certificate the Applicant shall liaise with Sydney Trains regarding the adequacy of any existing fencing along the rail corridor boundary. Details of the type of new fencing to be installed and the method of erection are to be to Sydney Train's satisfaction prior to the fencing work being undertaken.

y) 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 Principal Certifying Authority must witness written proof of this insurance in conjunction with Sydney Trains written advice to the Applicant on the level of insurance required.

z) Prior to the issue of a Construction Certificate the Applicant is to contact Sydney Trains Rail Corridor Management Group to determine the need for the lodgement of a Bond or Bank Guarantee for the duration of the works. The Bond/Bank Guarantee shall be for the sum determined by Sydney Trains. Prior to issuing the Construction Certificate the Principal Certifying Authority must witness written advice from Sydney Trains confirming the lodgement of this Bond/Bank Guarantee.

CONDITIONS OF CONCURRENCE – ROADS AND MARITIME SERVICES

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

71. Redundant Driveways

The redundant driveways on Pacific Highway shall be removed and replaced with kerb and gutter to match existing. The design and construction of the kerb and gutter on Pacific Highway shall be in accordance with RMS requirements. Details of these requirements shall be obtained from Roads and Maritime Project Services Manager, Traffic Projects Section, Parramatta (Telephone 8840 2496).

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

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

Reason: All access to be removed from Pacific Highway.

72. Car Parking

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

73. Parking Restrictions

If not already in place, full time “No Stopping” restrictions are to be implemented along the full Pacific Highway frontage of the development site. This restriction should be implemented prior to the commencement of any demolition works relating to the proposed development. Prior to the installation of the parking restrictions the applicant is to contact Roads and Maritime traffic Management Services on phone: (02) 8849 2294 for a works instruction.

74. Construction Work Zone

A Construction zone will not be permitted on Pacific Highway.

75. Excavation

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

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

The report and any enquiries should be forwarded to:

Project Engineer, External Works

Sydney Asset Management

Roads and Maritime Services

PO Box 973 Parramatta CBD 2124

Telephone 8849 2114

Fax 8843 2766

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

76. Stormwater Discharge

The post development stormwater discharge from the subject site into the RMS drainage system must not exceed the pre-development discharge.

77. Noise

The proposed development should be designed such that road traffic noise from pacific Highway is mitigated by durable materials in order to satisfy the requirements for habitable rooms under Clause 102(3) of the SEPP (Infrastructure) 2007.

78. Works and Signage

All works/regulatory signposting associated with the proposed development are to be at no cost to Roads and Maritime.

- END OF CONDITIONS -

ADVISORY NOTES

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

Environmental Planning and Assessment Act 1979 Requirements

The Environmental Planning and Assessment Act 1979 requires:

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

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

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

· Mandatory inspections of nominated stages of the construction inspected.

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

Long Service Levy

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

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

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

Tree and Vegetation Preservation

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

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

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

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

Disability Discrimination Act

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

Covenants

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

Dial Before You Dig

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

Telecommunications Act 1997 (Commonwealth)

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

House Numbering

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

Subdivision Certificate Requirements

A subdivision certificate application is 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”.

· Certification that the requirements of relevant utility authorities - such as Ausgrid and Telstra - have been met.

Note: The PCA will not issue an Occupation Certificate until all conditions of the development consent have been completed.

Group Manager’s Report No. PL59/15

Planning Division

Date of Meeting: 12/08/2015

8 DEVELOPMENT APPLICATION - RESIDENTIAL FLAT BUILDING COMPRISING 80 UNITS - 301-303 PEATS FERRY ROAD, ASQUITH AND 2, 2A AND 4 LODGE STREET, HORNSBY

EXECUTIVE SUMMARY

DA No:	DA/215/2015 (Lodged 26 February 2015)
Description:	Demolition of existing structures and construction of 2 x five storey residential flat buildings comprising 80 units and basement car parking and subdivision of No. 4 Lodge Street into two lots
Property:	Lot A and B DP 349047, Lot 1 and 2 DP 840373 and Lot 1 DP385418, Nos. 301-303 Peats Ferry Road, Asquith and 2, 2A and 4 Lodge Street, Hornsby
Applicant:	Mr Jian Liao, Ms Zhi Jun Qi, Asquith Bowling and Recreation Club Ltd, Mr Robert Reynolds, Mrs Kathleen Reynolds, Mr Jing Gao, Ms Jiayi Tan, Mr Tuo Liu, Ms Hongjun Song
Owner:	Asquith Property Developments Pty Ltd
Estimated Value:	$17,200,000
Ward:	A

· The application involves demolition of existing structures, construction of 2 x five storey residential flat buildings comprising 80 units and basement car parking and subdivision of No. 4 Lodge Street into two lots.

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

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

· It is recommended that the application be approved subject to a deferred commencement for the registration of the subdivision of No. 4 Lodge Street into two lots.

RECOMMENDATION

THAT Development Application No. DA/215/2015 for demolition of existing structures, construction of 2 x five storey residential flat buildings comprising 80 units and basement car parking and subdivision of 4 Lodge Street into two lots at Lot A and B DP 349047, Lot 1 and 2 DP 840373 and Lot 1 DP385418, Nos. 301-303 Peats Ferry Rd, Asquith and Nos. 2, 2A and No. 4 Lodge Street, Hornsby 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. PL59/15.

BACKGROUND

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

The subject application for demolition of existing structures, construction of 2 x five storey residential flat buildings comprising 80 units and basement car parking and subdivision of 4 Lodge Street into two lots was lodged on 26 February 2015.

On 26 May 2015, Council sent a letter to the applicant raising concerns regarding landscaping, waste, communal open space, setbacks, water quality, unit sizes and mezzanines. On 4 June 2015, the applicant submitted amended plans addressing Council’s concerns. On 7 July 2015, Council raised further concerns regarding building form and articulation, landscaping and unit sizes.

On 14 July 2015, the applicant submitted amended plans addressing these concerns. The amended design is the subject of this report.

SITE

The site comprises five lots (Lot A and B DP 349047, Nos. 301 - 303 Peats Ferry Rd, Asquith and Lot 1 and 2 DP 840373, 2 and 2A Lodge Street, Hornsby) and a portion of Lot 1 DP385418, No. 4 Lodge Street, Hornsby. The site has a combined area of 3,390m² and is located on the northern side of Peats Ferry Road and contains three street frontages of 35m to Peats Ferry Road, 100.955m to Lodge Street and 33m to Bell Street. The site has a gentle slope to the south western corner of the site of approximately 3%. A drainage easement and restriction as to user for on-site detention is located on the Lodge Street frontage of Nos. 2A and 4 Lodge Street.

Existing improvements on the allotments include a dwelling house on each lot and associated structures including vehicular access driveways from Peats Ferry Road, Lodge Street and Bell Street. The site and adjoining properties contain exotic and native (exempt) tree species.

The site forms part of the ‘Hyacinth Street, Asquith’ precinct rezoned for medium-high density residential development in accordance with Council’s Housing Strategy in September 2011. The precinct is bounded by Lodge Street, Pacific Highway, Hyacinth Street and Bouvardia Street.

The surrounding developments include single and two storey residential dwelling houses. The site adjoins the R2 – Low Density zone to the north on Bell Street and to the west on Lodge Street. A five storey residential development is currently being constructed on the southern side of Peats Ferry Road at Nos. 422-426 Peats Ferry Road. The site is opposite the Asquith Bowling Club on Lodge Street in close proximity to Asquith Boys High School to the south east. The adjacent western site is subject to a development application also included on the business paper for consideration by Council for 2 x five storey residential flat buildings comprising 69 units at Nos. 305-307 Peats Ferry Road, 9 Bell Street and 4 Lodge Street.

The site is located in close proximity to Asquith Railway Station and Asquith Commercial Centre.

PROPOSAL

The proposal involves the demolition of existing structures, construction of 2 x five storey residential flat buildings comprising 80 units and basement car parking and subdivision of No. 4 Lodge Street into two lots.

The unit mix would comprise of 31 x 1 bedroom units, 41 x 2 bedroom units and 8 x 3 bedroom units. Each building would be accessed via 2 lifts in each building. The buildings would include balconies fronting Lodge Street, Peats Ferry Road, Bell Street and the eastern setback.

Vehicular access to the development would be centrally located via Lodge Street. Pedestrian access to both buildings would also be via Lodge Street. A pedestrian path would provide linkages though the site to all levels connecting the foyers of both buildings at the rear of the site.

A total of 95 car spaces are provided, including 12 visitor’s parking spaces proposed in two basement levels.

The site would drain to Peats Ferry Road with a below ground detention tank proposed over the south western corner of the upper basement (B1).

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 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 - under the HLEP. The objectives of the zone are:

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

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

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

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

2.1.2 Height of Buildings

Clause 4.3 of the HLEP provides that the height of a building on any land should not exceed the maximum height shown for the land on the Height of Buildings Map. The maximum permissible height for the subject site is 17.5m. 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. The proposal is within the vicinity of a heritage listed item of local significance at No. 31 Lodge Street and Nos. 269, 384 and 394 Peats Ferry Road, Hornsby. The heritage listed items are zoned R2 Low Density Residential and the site is over 320m south of No. 31 Lodge Street and over 220m north east of the items at Peats Ferry Road. As such, the proposal would pose minimal impacts to the heritage significance of the items. Accordingly, no further assessment regarding heritage is necessary.

2.1.4 Minimum Subdivision Lot Size

Clause 4.1 of the HLEP sets out provisions for subdivision of land. The objectives of the clause are to provide for the subdivision of land at a density that is appropriate for the site constraints, development potential and infrastructure capacity of the land, and to ensure that lots are of a sufficient size to accommodate development.

A proposed subdivision plan has been submitted with the application that seeks consent to subdivide Lot 1 DP 385418, No. 4 Lodge Street to 2 separate allotments to allow a western portion of the lot (approximately 707.5m²) to be consolidated with the subject five storey development (Lots A and B DP 349047 and Lots 1 and 2 DP 840373) and the remaining eastern portion of the lot (approximately 221.6m²) to be consolidated with the proposed five storey development under DA/214/2015 305 – 307 Peats Ferry Road, Bell Street Asquith and 4 Lodge Street, Hornsby (Lot A DP 340410, Lot 4 DP 136071 and Lot 2 DP 385418).

As no applicable minimum allotment size is required under the HLEP for the site, the proposed boundary adjustment is supported as this would result in a more regular shaped development site that would facilitate more compliant residential flat development schemes and overall planning outcome. In this regard, a deferred commencement condition is recommended requiring the registration of No. 4 Lodge Street to be subdivided into two lots prior to the consent for the five storey development being operative.

2.1.5 Earthworks

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

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

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

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

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 practical 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.

2.5 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.

2.5.1 State Environmental Planning Policy No. 65 – Design Quality of Residential Flat Development – Amendment No. 3

SEPP 65 has been amended on 19 June 2015 following review of the policy by the Department of Planning and Environment. The amendments replace the Residential Flat Design Guidelines with the Apartment Design Guide which prevails in the event of any inconsistency with a Development Control Plan. The amendments include objectives to meet housing and population targets, affordable housing and to facilitate timely and efficient assessment of development applications. The amendments make further provision for design review panels; include additional provisions for the determination of development application and for standards for ceiling height, apartment area and car parking, which cannot be used as grounds for refusal of development consent.

Pursuant to the above provision, this amendment does not apply to the subject application and the previous version (Amendment 2) of the SEPP is required to be considered. However, it is noted that the minimum apartment sizes proposed are in accordance with The Apartment Design Guide under Amendment No.3 which requires 50m² for 1 bedroom units, 70m² for 2 bedroom units and 90m² for 3 bedroom units and includes 5m² for additional bathrooms. The proposed apartment sizes are considered acceptable as this is in keeping with the desired future direction of SEPP 65.

Principle	Compliance
1. CONTEXT	Yes
Comment: The site is located within a precinct planned for five storey residential flat buildings in close proximity to Asquith Railway Station, Asquith commercial centre and Hornsby Town Centre. 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 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 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 including the use of face brickwork, rendered and painted masonry with natural earthy colour tones would add to the visual interest of the development. Flat roof forms have been adopted with an increased top storey setback on the external facades to minimise bulk and height of the building as required by the HDCP.
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 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 frontages, side and rear boundaries and includes adequate deep soil landscaping between the buildings. No significant trees have been identified on site. Large trees are proposed along the street frontages intercepted by shrubs and hedges which would soften the appearance of the development when viewed from the streets. Deep soil areas that incorporate canopy trees are provided around the building 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 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 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 Lodge Street. The proposal includes an assessment of the development against crime prevention controls in the Statement of Environmental Effects (SEE). The SEE has regard to Crime Prevention Through Environmental Design Principles (CPTED) and includes details of 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 and security controlled access to basement car park. 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 Asquith railway station, shops and the Hornsby Town Centre.
10. AESTHETICS	Yes
Comment: The architectural treatment of the buildings incorporate indentations and projections in the exterior walls with balcony projections to articulate the facades. The roof is flat to minimise building height and incorporates eaves which would cast shadows across the top storey wall. The articulation of the buildings, 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	25%	25%	Yes
Communal Open Space	28%	25-30%	Yes
Ground Level Private Open Space	<25m² Min Dimension 2m	25m² Min Dimension 4m	No No
Minimum Dwelling Size	1 br – 50m²- 68m² 2 br – 70m²- 84m² 3 br – 95m²-100m²	1 br – 50m² 2 br – 70m² 3 br – 95m²	Yes Yes Yes
Maximum Kitchen Distance	8m	8m	Yes
Minimum Balcony Depth	2m	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) 50% accessible from the apartments Basement storage - 332m³	1 bed - 6m³ (Min) 2 bed - 8m³(Min) 3 bed - 10m³ (Min) 50% accessible from the apartments Basement storage requirement - 305m³	Yes Yes Yes
Dual Aspect and Cross Ventilation	55/80 units = 68%	60%	Yes
Adaptable Housing	31%	10%	Yes

As detailed in the above table, the proposed development complies with the prescriptive measures within the Residential Flat Design Code (RFDC) other than a ground level private open space. 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 proposal does not comply with the Code’s best practice for the 4 metre minimum width dimension for ground floor open spaces and the minimum 25m² area requirement. However, the proposed ground floor open space areas are appropriate for the respective ground floor units in respect to dwelling size, unit configuration and amenity and have been designed in accordance with the requirements of Council’s HDCP. The HDCP requires that the deep soil area within the setbacks of the development should be retained as communal open space. The objective of this control is to provide a landscape setting to the development. As such, the numerical non-compliance is considered minor and is acceptable.

2.6.2 Apartment Layout

Proposed buildings 1 and 2 include a mix of single aspect and corner units, including one, two and three bedroom apartments. The majority of these units would be well ventilated and provided with balconies that permit direct access from living areas that comply with the required private open space areas as required by the HDCP.

2.6.3 Internal Circulation

The proposed development includes access to all floors via two lifts in each building. Each lift would service up to five units. The internal corridors meet the Code’s requirements for the number of units accessed and design for amenity. The ground floor corridors also provide level access to the communal open space areas. The proposal is acceptable with respect to accessibility requirements of the RFDC.

2.6.4 Acoustic Privacy

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

2.6.5 Storage

The RFDC requires that 50% of storage areas are to be accessible from the apartments with a minimum of 6m³ for 1 bedroom units, 8m³ for 2 bedroom units and 10m³ for 3 bedroom units. The proposed development meets these requirements and provides the balance of the required storage areas within the basement. The proposal is considered to be acceptable.

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

2.9 Hornsby Development Control Plan 2013

Hornsby Development Control Plan 2013
Control	Proposal	Requirement	Compliance
Site Width	35m (Peats Ferry Road) 100.955m (Lodge Street) 33m (Bell Street)	30m	Yes
Height	5 storeys + Mezzanine – 17.5m	5 storeys + Mezzanine – 17.5m	Yes
Lowest Residential Floor Above Ground	0.3m (south western corner Building 1)	1m	Yes
Maximum Floorplate Dimension	39m (Building 1) 37m (Building 2)	35m 35m	No No
Building Indentation	Buildings 1 & 2 4m x 4m for eastern elevations 8m x (3m to 4m) for western elevations	4m x 4m 4m x 4m	Yes No
Height of Basement Above Ground	Below ground level (<1m)	1m (max)	Yes
Front Setback (Peats Ferry Road)	8.2m – 13m Between 8m – 10m for a building length of 10m > 1/3 frontage 7m – 8m balconies	10m 8m < 1/3 building width (8.3m building length) 7m balconies	Yes No Yes
Rear Setback (Bell Street)	10m 8m for 7.5m building length 7m	10m 8m < 1/3 building width (max 7.8m) 7m balconies	Yes Yes Yes
Side Setback (Lodge Street)	Building 1 6m 4m for a length of 8.7m Building 2 6m 4m for a length of 8.7m	6m 4m < 1/3 frontage (14m for Building 1) 6m 4m < 1/3 frontage (12.6m for Building 2)	Yes Yes Yes Yes
Side Setback (East)	Building 1 6m 4m for a length of 11.5m Building 2 6m 4m for a length of 11.5m	6m 4m < 1/3 frontage (13m for Building 1) 6m 4m < 1/3 frontage (12.6m for Building 2)	Yes Yes Yes Yes
Top Storey Setback from Ground Floor	3m additional provided except for minor encroachments	3m	Yes, with negligible encroachments.
Underground Parking Setback	8m to 13m-front 7m-rear 4m to 9.5m-side (east) 4m to 6m -side (Lodge Street)	7m-front 7m-rear 4m-side (east) 4m-side (west)	Yes Yes Yes Yes
Basement Ramp Setback	N/A as basement is at the centre of the development	2m	N/A
Deep Soil Landscaped Areas	7m-front and rear 4m-side (east) 4m-side (Lodge Street)	7m-front and rear 4m sides	Yes Yes Yes
Private Open Space	1br units – 10m² 2br units – 12m² 3br units – 16m²	1br units – 10m² 2br units – 12m² 3br units – 16m²	Yes Yes Yes
Communal Open Space with Minimum Dimensions 4m	28%	25%	Yes
Parking (site within 800m of railway station)	83 resident spaces 12 visitor spaces 17 bicycle tracks 9 visitor bicycle racks 2 motorbike spaces	77 resident spaces 12 visitor spaces 16 bicycle tracks 8 visitor bicycle racks 2 motorbike spaces	Yes Yes Yes Yes Yes
Solar Access	70%	70%	Yes
Housing Choice	1 BR – 31/80 = 39% 2BR – 41/80 = 51% 3BR – 8/80 = 10%	10% of each type (min)	Yes
Adaptable Units	25/80 = 31%	30%	Yes

As detailed in the above table, the proposed development generally complies with the 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.

2.9.1 Desired Future Character

The proposed five storey residential flat buildings would be sited within the Hyacinth Street, Asquith Precinct which was rezoned from Residential A (Low Density) to R4 (High Density Residential) as part of Council’s Housing Strategy.

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

2.9.2 Design Quality – SEPP 65

The proposed development is designed in accordance with the design principles of SEPP 65. Refer to discussion in Sections 2.5 and 2.6.

2.9.3 Site Requirements

The HDCP requires sites to have a minimum frontage of 30 metres. The subject site has a frontage of 35 metres to Peats Ferry Road and 100.96m to Lodge Street and complies with this requirement. The proposal would not result in the isolation of any site for future development as the adjacent site is subject to a development application also included on the business paper for Council’s consideration for a residential flat development comprising 69 units at Nos. 305-307 Peats Ferry Road, 9 Bell Street and 4 Lodge Street.

2.9.4 Height

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

2.9.5 Setbacks

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

Front Setback

The front setback varies between 8.2 metres to 13 metres with a varying setback of between 8m – 10m for a building length of 10 metres. This does not technically comply with the HDCP which requires that only 1/3 of the building width (8.3 metre) can be reduced to an 8 metre front setback. However, this is a result of the irregular shape of the site with the Peats Ferry Road frontage forming an acute angle with Lodge Street. The front façades consist of varying architectural projections, varying setbacks, indentations and the buildings have been designed to achieve the required ‘pavilion’ effect as required by the HDCP. The buildings present a well-articulated form when viewed from both Peats Ferry Road and Lodge Street. In this regard, the numerical non-compliance is considered to be acceptable.

Top Storey Setback

The majority of the building incorporates a 3 metre building setback for the top storey on all sides. Minor encroachments exist within the front, rear, western and eastern side setbacks. The majority of these encroachments are not visible from the streetscape and the top storey setbacks that are visible have been reduced to minimise floor plate dimension. In addition, the building design provides adequate articulation including a balanced juxtaposition of horizontal and vertical projections, wrap around balconies, the use of a variety of textures including face brickwork, painted and rendered masonry, timber cladding combined with a neutral, earthy colour palette, the minor top storey setbacks is considered to be acceptable.

2.9.6 Built Form and Separation

The HDCP requires a 4m x 4m building indentation to be provided on all buildings with a floorplate dimension of 25m and a maximum floorplate dimension of 35m. Proposed Buildings 1 and 2 do not technically comply with these provisions as Building 1 and 2 comprise maximum floorplate dimensions of 39m and 37m respectively. Both buildings provide indentations of 7.5m wide and between 3m to 4m in depth on the western, Lodge Street elevations. Notwithstanding, the 1m non-compliance in depth was required to achieve the solar access requirements of the HDCP. Additionally, the building indentations, architectural projections and use of textures create the desired outcome of two separate pavilion forms for each building. In this regard, the minor non-compliance is considered satisfactory.

A 9m building separation is provided between Buildings 1 and 2 and the buildings are well articulated in compliance with the HDCP prescriptive measures with a variety of setbacks, materials, finishes and design elements to break up the massing of the building. Whilst levels 1 to 3 do not comply with the minimum 12m building separation required by the RFDC for habitable room, the majority of opposing windows serving habitable rooms are screened or are highlight windows thus minimising privacy impacts. However, the north western corner units of Building 1 and south western corner units of Building 2 contain 1.675m wide unscreened opposing windows. In this regard, a condition is recommended requiring all south facing windows opposing habitable spaces on south western corner units in Building 2 to be installed with privacy screens.

With conditions, the proposal is satisfactory in achieving the desired outcome of the HDCP for building form and separation.

2.9.7 Landscaping

The site does not include the removal of any significant trees. However there are 3 street trees including tree numbered 1, a Jacaranda mimosifolia (Jacaranda), tree numbered 2 Brachychiton acerifolius and tree numbered 3 Jacaranda mimosifolia (Jacaranda) located in close proximity to the proposed driveway on Lodge Street which are proposed for removal. Council’s Tree Assessment concludes that these are average to poor specimens and that Council and the community would benefit from the removal and replacement of these trees. The landscape plan submitted indicates that there are adequate large canopy trees provided along the Peats Ferry Road frontage and medium canopy trees provided along the Lodge Street frontage interspersed with ground covers and shrubs to achieve a residential flat development within a landscaped setting.

The HDCP requires a 7m x 7m deep soil landscaped area in between buildings on larger sites. A deep soil area of 9m wide and varying depth of 3m – 5m has been provided in between the buildings. This does not technically comply with this measure. However this numerical non-compliance is a result of driveway grades and vehicular access to the basement levels. To compensate for this non-compliance, a suspended planter above the driveway of approximately 7m x 9m is proposed adjoining the deep soil area which enhances the amenity of the development. The proposed development provides for landscaping that integrates the built form with the locality and enhances the tree canopy and is thus considered to be satisfactory.

2.9.8 Open Space

The proposed communal open space areas comply with the prescriptive area requirements and a principle open space area of at least 50 square metres with a minimum dimension of 4m has been provided in between the buildings for Building 1 and at the north western corner of the site for Building 2. The principle communal open space areas would receive at least 2 hours of sunlight between 9am – 3pm during mid-winter and can be accessed from the foyer of Building 1 via a rear, eastern side access door and via a front entrance door and eastern side access door from the foyer of Building 2. In addition, passive surveillance from side and rear facing balconies results in high visibility.

The proposed provide open space areas comply with the required dimensions and areas in accordance with the HDCP. The majority of balconies exceed the minimum area requirements and would provide for adequate screened outdoor clothes drying areas.

2.9.9 Privacy and Security

The proposed development is appropriately designed for privacy with the majority of units having an orientation towards the street frontages or eastern boundary. Appropriate privacy mitigation measures including movable privacy screens on balconies and highlight windows have been implemented on the eastern façades where the building separation is less than the minimum 12m as required by the RFDC. However, there are a number of opposing windows serving habitable areas in between Buildings 1 and 2. This has been addressed in Part 2.9.6.

The proposed development would provide for casual surveillance of the public domain and communal open space areas. Appropriate conditions are recommended for security access and crime prevention.

Subject to conditions, the proposal complies with the requirements of the HDCP.

2.9.10 Sunlight and Ventilation

The applicant has submitted solar access diagrams demonstrating compliance of individual units with solar access requirements. As the site is located within a redevelopment precinct, the solar access analysis has taken into consideration the overshadowing impacts from a future five storey development on the eastern adjoining site (which is currently being assessed under DA/214/2015). The solar access diagrams submitted indicate that 70% of dwellings would receive at least 2 hours of sunlight to living room windows and private open space areas on 22 June. Council’s assessment concludes that the proposal is satisfactory in providing solar access for future occupants of the units.

The applicant submits that 65% of units would provide for dual aspect and natural cross ventilation. Whilst there are limited numbers of dual aspect units, there is a high proportion of cross through apartments that would also allow natural cross ventilation. The proposed development is considered to be satisfactory with regard in providing natural ventilation for future occupants of the units.

2.9.11 Housing Choice

The proposed development includes a range of housing types and provision for people with disabilities in accordance with the requirements of the HDCP. 25 out of 80 units (31%) are designed as adaptable units which complies with the requirement of both the HDCP and RFDC.

2.9.12 Vehicular Access and Parking

Vehicle access is proposed on Lodge Street for both Buildings 1 and 2. The proposal includes 83 residential car spaces, 12 visitors car spaces, 17 residential bicycle spaces, 9 visitor bicycle spaces and 2 motor bicycle spaces. This complies with the HDCP which requires 77 residential car spaces, 12 visitor car spaces, 16 residential bicycle spaces, 8 visitor bicycle spaces and 2 motor bicycle spaces for the site as it located less than 800m from a railway station.

2.9.13 Hyacinth Street, Asquith Precinct

The strategy for redevelopment of this precinct is to incorporate five storey residential flat buildings in garden settings with parking in basements.

The development would provide for a landscaped setting and a built form that is consistent with the desired future outcome for the Hyacinth Street, Asquith Precinct.

2.9.14 Waste Management

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

Four garbage rooms would be provided at the basement level. These bin rooms would be capable of accommodating 8 x 660L garbage bins, 20 x 240L recycling bins, 2 x 660L paper/cardboard bins. On each residential level, 2 x garbage chutes and recycling rooms are provided in a cupboard next to each lift. There are two lifts on each level. The chutes would empty into the garbage rooms in the upper basement. The basement also includes a bulky waste storage area near the bottom of the ramp.

The proposal waste management system would require a Small Rigid Vehicle (SRV) waste collection vehicle to reverse in, park on the driveway while servicing the bins, then forward out of the site. The proposed system would also require a site caretaker to transfer the bins with a motorised trolley or similar via a bin carting route from the basement and vehicular ramp to the ground floor bin collection area.

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

2.9.15 Heritage

The proposed development is not within a site that contains a heritage listed item or a heritage conservation area. Heritage listed items are located within the vicinity of the site. This has been addressed in Part 2.1.3 of this report.

2.9.16 Accessible Design

The applicant has submitted an Access Report which demonstrates that the units are capable of being adapted for people with a disability in accordance with AS1428.1 – Design for Access and Mobility. The development provides for continuous, barrier free access to all floors via two lifts for each building and complies with the requirements of the HDCP.

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 75 residential dwellings in lieu of the 5 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 would necessitate the removal of 3 street trees on Lodge Street numbered 1 Jacaranda mimosifolia (Jacaranda), 2 Brachychiton acerifolius and 3 Jacaranda mimosifolia (Jacaranda). None of these trees to be removed are identified as ‘significant trees’ in accordance with the Tree and Vegetation provisions of the HDCP. Council’s assessment of the proposal included a detailed examination of the existing trees on site and concluded that trees numbered 1, 2 and 3 are exempt species that are average to poor specimens and Council and the community would benefit from the proposed removal and replacement of these trees. In this regard, the removal of the trees is supported.

Subject to conditions and on-going maintenance of the landscaped areas, the development would achieve a landscape setting and would be acceptable with respect to the natural environment.

3.1.2 Stormwater Management

The development would connect to Council’s drainage system located on Peats Ferry Road via below ground on-site detention (OSD) system at the south western corner above the upper basement level to control the discharge of water from the site. Council’s engineering assessment concludes that the OSD system is satisfactory, subject to conditions recommended in Schedule 1.

3.2 Built Environment

3.2.1 Built Form

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

3.2.2 Traffic

A traffic and parking assessment has been submitted with the proposal and assessed having regard to the RMS Guide to Traffic Generating Development Updated Traffic Surveys – Technical Direction 04a dated August 2013. The traffic and parking assessment estimates that the proposed development would produce a net traffic generation of 11 vehicles during the AM peak hours and 7 vehicles during the PM peak hours which is considered to be negligible when compared with the traffic volumes on the adjacent road network for the proposed development. In this regard, the traffic volume on Peats Ferry Road is currently in the order of 1000 vehicles per hour two way in peak hours. In the vicinity of the development site, Peats Ferry Road has one travel lane per direction. In terms of carriageway capacity, this equates to 1,800 vehicles per hour per lane. Based on the observed traffic flows, the estimated degree of congestion of Peats Ferry Road has been established to be less than 27% of nominal capacity.

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

3.3 Social Impacts

The residential development would improve housing choice in the locality by providing a range of household types. 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.

The location of the development is in close proximity to Asquith Railway station, Asquith shops and Hornsby Town Centre which would provide for the recreational, health and education facilities for future residents.

3.4 Economic Impacts

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

4. SITE SUITABILITY

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

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 12 March 2015 and 26 March 2015 in accordance with the Notification and Exhibition requirements of the HDCP. During this period, Council received two 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

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

· Unacceptable air and noise pollution including concerns regarding asbestos and dust during demolition and construction;

· Unacceptable traffic, accessibility and parking on local streets i.e. trucks on Bell Street;

· Increased crime generated from the development;

· Unacceptable waste management on local roads;

· Development that is excessive in height; and

· The development would result in an increase in abandoned shopping trolleys.

Additional requests included:

· Restriction to work hours due to neighbouring resident’s work shift/sleep patterns;

· Request that Council impose a condition requiring the applicant to provide waste management services on Peats Ferry Road rather than Lodge Street.

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

5.1.1 Air Pollution and Noise During Demolition and Construction

Concerns were raised regarding air pollution and noise generated from the demolition and construction of the proposed development. In particular a concern was raised regarding the demolition and construction hours and resultant noise disruption for neighbouring residents.

Council recommends that a Construction Management Plan (CMP) be prepared by a suitably qualified consultant, must be submitted for approval by Council. The CMP would require noise attenuation measure to be implemented along the Bell Street property boundary of the site including a hoarding height not less than 3m from the existing ground level, during excavation works, rock removal must be undertaken by sawing instead of rock hammering, wherever practicable and that the construction works must be undertaken in accordance with the “Interim Construction Noise Guidelines – 2009” published by DECCW and achieve compliance with the relevant noise levels. In addition, Council’s standard noise condition would restrict all work on site (including demolition and earth works) to occur between 7am and 5pm Monday to Saturday (unless otherwise approved by Council due to extenuating circumstances) with no work to be undertaken on Sundays or public holidays.

In terms of air pollution and asbestos disposal and contamination, Council recommends standard conditions requiring that all demotion work is to be carried out in accordance with Australian Standard 2601 – 2002 – The Demolition of Structures and that 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. In addition, a standard commercial manufactured sign warning of asbestos removal is to the erected in a prominent position visible from the street.

5.1.2 Waste Management

As addressed in the body of the report, Waste Management would be via Lodge Street whereby Council’s Waste Collection Vehicle would reverse into the site and forward out of the driveway collection rubbish from the garbage collection room located adjacent to the driveway. The waste collection room has been integrated to the design of the front façade and is screened by landscaping and is thus assessed as satisfactory. The request for waste collection and therefore vehicular access to be via Peats Ferry Road would not be supported as Clause 101 of SEPP Infrastructure states that the consent authority must not grant consent to development on land that has a frontage to a classified road unless it is satisfied that where practical, vehicular access is to be provided by a road other than a classified road. As Peats Ferry Road is a secondary classified road, RMS would not support this request.

5.1.3 Parking

Concerns were raised regarding construction vehicles and tradesperson vehicles parking on Bell Street. This is a compliance issue. In general, heavy vehicles are limited to 1 hour parking on residential streets. Council’s Parking Rangers are available for patrols to ensure that no illegal parking occurs in the streets surrounding the proposed development. In addition, a condition is recommended that all construction vehicles are to access the site via Lodge Street only. This is to be included in the traffic management plan and complied with during the works phase.

5.1.4 Shopping Trolleys

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

5.2 Public Agencies – Roads and Maritime Services

The application was referred to Roads and Maritime Services (RMS) in accordance with State Environmental Planning Policy (Infrastructure) 2007. RMS reviewed the submitted documentation and raised no objections to the application subject to recommended conditions included under Schedule 1 of this consent.

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 two, five storey residential flat buildings comprising 80 units with two levels of basement car parking and subdivision of No. 4 Lodge Street into two lots.

The proposed development is generally in accordance with the development controls for the ‘Hyacinth Street, Asquith’ precinct of the Hornsby Development Control Plan and would contribute to the future desired five storey residential character of the precinct. With conditions, the minor non-compliances to do with prescriptive measures for setbacks, floorplate dimension, building indentation and landscaping are considered to be acceptable. The proposal complies with the design principles of SEPP 65 and the Residential Flat Design Code.

A deferred commencement condition is recommended for the registration of the subdivision of No. 4 Lodge Street into two lots.

Two submissions were received regarding the proposal. The concerns raised have been addressed in the body of the 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 Map
2.View	Floor Plans
3.View	Elevations and Sections
4.View	Subdivision Plan
5.View	Site Plan
6.View	Shadow Diagram
7.View	Landscape Plan

File Reference: DA/215/2015

Document Number: D05972218

SCHEDULE 1

GENERAL CONDITIONS

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

1. Deferred Commencement

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

a) A registered plan of subdivision from the NSW Department of Lands creating a new lot from Lot 1 DP385418 to form part of the development.

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

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

2. Approved Plans and Supporting Documentation

Plan No.	Plan Title	Drawn by	Dated
Ref 17387	Survey Plan	Norton Survey Partners	24/10/10
Ref 17387	Plan showing existing and proposed lot layouts	Norton Survey Partners	27/1/15
A30 - B	Plan B2 & B1	Mijollo International	3/6/15
A32-E	Plans L1 to L3	Mijollo International	10/7/15
A35-E	Plans L4 & L5	Mijollo International	10/7/15
A37-D	Plans Attic & Roof	Mijollo International	10/7/15
A401-D	North, East, South & West Elevations	Mijollo International	16/7/15
A501-C	Section A-A + Internal Elevations	Mijollo International	13/7/15
A611-A	Shadow diagrams	Mijollo International	6/2/15
	Solar Access for Eastern Facade	Mijollo International	Received on 1 7/15
LPDA15-286/1-E	Landscape Plan	Conzept Landscape Architects	20/7/15
LPDA15-286/2-B	Landscape plan (level 4 & 5)	Conzept Landscape Architects	9/2/15
LPDA15-286/3-A	Landscape Details	Conzept Landscape Architects	4/2/15
	DA/215/2015 – Tree Location Plan	Modified by Tree Management Team (Hornsby Shire Council)	7/5/15
14051-C201 Rev P1	Erosion & Sediment Control Plan	TDL Engineering Consultants	14/1/15
14051-C101 Rev P1	Stormwater Management Plan Level 1 Layout	TDL Engineering Consultants	14/1/15
	Site Access – SRV Swept Path Analysis	Ason Group	11/6/15

Document Title	Prepared by	Dated
Statement of Environmental Effects	Caladines Town Planning P/L	Feb 2015
Waste Management Plan	Ben Hewlett	25/2/15
Music Model – Stormwater pollutant targets	Unnamed	Submitted 4/6/15
Traffic & Parking Report	Ason Group	11/2/15
SEPP 65 Certification	Matthew Cumming (Mijollo International P/L)	24/2/15
Accessibility Report	Abe Consulting	10/2/15
Basix Assessment Report No. ES20141124_00	ESD Synergy P/L	27/7/15
Basix Certificate No. 607598M_02	ESD Synergy P/L	27/7/15
Cost Summary Report	QS1 P/L	2/2/15
1410-A Materials Schedule	Mijollo International P/L	6/2/15

3. Amendment of Plans

The approved plans are to be amended as follows:

a) To ensure future occupants within the development maintain an appropriate level of privacy, all south facing windows opposing habitable spaces on south western corner units in Building 2 are to be installed with privacy screens.

4. Removal of Existing Trees

This development consent permits the removal of trees numbered 1, 2 and 3 as identified on plan named Site Tree Location Plan prepared by Council’s Tree Management Team, dated 7 May 2015. The removal of any other trees requires separate approval in accordance with the Tree and Vegetation Chapter 1B.6 Hornsby Development Control Plan (HDCP).

5. Acoustic Report

An acoustic report is to be provided prior to the issue of a construction certificate demonstrating that appropriate measures will be taken to ensure that the following LAeq levels are not exceeded:

a) In any bedroom in the building – 35dB(A) at any time between 10pm and 7am,

b) Anywhere else in the building (other than a garage, kitchen, bathroom or hallway) 40dB(A) at any time.

The report is to provide details of construction techniques and measure to attenuate road noise and vibration. The development must not exceed the specified noise criteria and LAeq levels within Clause 102 of the SEPP (Infrastructure).

6. Driveway Longitudinal Sections

Note: A construction certificate shall be obtained prior to the commencement of these works and are to be completed prior to the issue of an occupation certificate.

7. Construction Certificate

a) 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.

b) The Construction Certificate plans must not be inconsistent with the Development Consent plans.

8. Section 94 Development Contributions

Description	Contribution (4)
Roads	$91,881.10
Open Space and Recreation	$871,642.90
Community Facilities	$121,500.90
Plan Preparation and Administration	$3,636.05
TOTAL	$1,088,660.95

being for 31 x 1 bedroom units, 41 x 2 bedroom units, 8 x 3 bedroom units and including a credit for five existing dwelling houses.

b) The value of this contribution is current as at 16 July 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

9. Building Code of Australia

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

10. Contract of Insurance (Residential Building Work)

11. 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.

12. 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.

13. Sydney Water – Quick Check

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

14. Dilapidation Report

A ‘Dilapidation Report’ is to be prepared by a ‘chartered structural engineer’ detailing the structural condition of the adjoining property at No. 305 Peats Ferry Road, Asquith.

15. Traffic Control Plan

a) Arrangements for public notification of the works;

b) Temporary construction signage;

c) Permanent post-construction signage;

d) Vehicle movement plans;

e) Traffic management plans;

f) Pedestrian and cyclist access/safety.

The TCP is to be submitted to Council for approval prior to the issue of the construction certificate.

16. Construction Management Plan

A Construction Management Plan (CMP), prepared by a suitably qualified consultant, must be submitted for approval by Council. The CMP must be include, but not be limited, details of the following:

a) Noise attenuation measures are to be implemented along the Bell Street property boundary of the site including a hoarding height not less than 3m from the existing ground level;

b) During excavation works, rock removal must be undertaken by sawing instead of rock hammering, wherever practicable;

c) The construction works must be undertaken in accordance with the “Interim Construction Noise Guidelines – 2009” published by DECCW and achieve compliance with the relevant noise levels; and

d) The delivery times and vehicular movements related to demolition, excavation and construction works must be restricted to the construction hours only.

17. Adaptable Units

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

18. Construction Vehicles

All construction vehicles associated with the proposed development are to be contained on site or in an approved “Work Zone”. Construction zones will not be permitted on Lodge Street, Bell Street or Peats Ferry Road.

19. Construction Traffic Management Plan

A Construction Traffic Management Plan (CTMP) detailing construction vehicle routes, number of trucks, hours of operation, access arrangements and traffic control should be submitted to Council prior to the issue of a Construction Certificate. Council will review the CTMP, agree to any modifications with the proponent and enforce the CTMP during construction.

20. Pedestrian Access Management Plan

A Pedestrian Access Management Plan (PAMP) detailing how pedestrian movements will be changed and managed during various stages of development, particularly during any partial or total closure of footpaths on Peats Ferry Road and Lodge Street. Council will review the PAMP, agree to any modifications with the proponent and enforce the PAMP during construction.

21. Preservation of Survey Infrastructure

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

22. Water Quality/Bio Retention System

Stormwater discharging from the development site is to be treated to achieve the quality specified in the HDCP 2013 (table 1C.1.2(b) Urban Stormwater Quality Targets). Details are to be provided with the construction certificate. 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.

23. Waste Management

The following waste management requirements must be complied with:

a) The approved on-going waste management system must not be amended without the written consent of Council.

b) The Volume handling equipment (2 x 660L bin linear), to automatically change the bin under the chute when it becomes full, must not be fitted with a compactor.

24. Acoustic Report

The Construction Certificate plans must demonstrate compliance with the recommendations in the submitted Acoustic Report (required as per condition No. 5) including materials of construction and glazing details.

25. Stormwater Drainage

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

a) Connected directly to an existing Council drainage system/street gutter via an on-site detention and water quality treatment system. Capacity of the street gutter is to be verified prior to discharging to the gutter.

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

c) A construction certificate application is to be submitted to Council for discharging stormwater to Council pit/drainage line.

d) The stormwater system with on-site detention and water quality treatment facilities is to be constructed in accordance with Drainage Nos. 14051-C101-C104 Revision P1 dated 14.01.15 prepared by TDL Engineering Consulting Pty Ltd (Council Document No. D04948248).

26. On Site Stormwater Detention

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

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

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

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

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

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

27. Vehicular Crossing

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

b) The footway area must be restored by turfing;

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

28. Internal Driveway/Vehicular Areas

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

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

b) The driveway must be a rigid pavement.

29. 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) A concrete footpath along Bell and Lodge Streets are to be constructed. Old sections of the footpath along Peats Ferry Road are to be replaced.

b) The kerb and gutter fronting Bell Street and 31m along Lodge Street (from the intersection of Lodge and Bell Streets) are to be constructed. The existing road pavement is to be saw cut a minimum of 300 mm from the existing edge of the bitumen and reconstructed.

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

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

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

30. 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.

31. 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.

32. 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.

33. 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.

REQUIREMENTS DURING CONSTRUCTION

34. 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 due to extenuating circumstances). No work is to be undertaken on Sundays or public holidays. No excavation or rock sawing/breaking is to occur on Saturdays.

35. 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;

36. Environmental Management

37. Street Sweeping

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

The street cleaning services must undertake a street ‘scrub and dry’ method of service and not a dry sweeping service that may cause sediment tracking to spread or cause a dust nuisance.

38. Council Property

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

A report(s) must be prepared by a registered surveyor and submitted to the principal certifying authority:

a) Prior to the pouring of concrete at each level of the building certifying that:

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

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

b) Confirming that the waste collection vehicle turning area complies with AS2890.1 – 2004 and AS20890.2 – 2002 for small rigid vehicles (SRV).

42. Waste Management

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 Principle 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.

43. Traffic Control Plan Compliance

The development must be carried out in accordance with the submitted Traffic Control Plan (TCP).

44. Disturbance of Existing Site

45. Construction Noise Management

The construction works must be undertaken in accordance with the “Interim Construction Noise Guidelines – 2009” published by NSW Environmental Protection Authority.

46. Contamination During Construction Works

Should the presence of asbestos or soil contamination, not recognised during the application process be identified during demolition, the applicant must immediately notify the Principal Certifying Authority and Council.

47. Construction Vehicle Access

All construction vehicles associated with the proposed development are to access the site from Lodge Street only. No construction vehicle access is permitted on Bell Street or Peats Ferry Road.

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.

48. Fulfilment of BASIX Commitments

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

49. 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.

50. 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 and gutter, drainage systems, with water quality measures, driveways and on-site detention system.

51. Damage to Council Assets

52. 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 and bio retention system and outlet works within the lots in favour of Council in accordance with Council’s prescribed wording. The position of the on-site detention and bio retention systems are to be clearly indicated on the title.

b) To register the positive covenant and the restriction on the use of land, “works as executed” details of the on-site detention and bio retention system must be submitted verifying that the required storage and discharge rates will be achieved and water quality control measures 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 and details of the bio retention system. 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.

53. Consolidation of Allotments

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

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

54. Certificate of Preservation 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 reestablishment of damaged, removed or displaced survey marks has been undertaken in accordance with the Surveyor General’s Direction No. 11 – “Preservation of Survey Infrastructure”.

55. Garbage Collection Easement

56. Waste Management Details

The following waste management requirements must be complied with:

a) Prior to an Occupation Certificate being issued or the use commencing, whichever is earlier, the Principal Certifying Authority must obtain Council’s approval of the waste and recycling management facilities provided in the development and ensure arrangements are in place for domestic waste collection by Council.

Note: Waste and recycling management facilities includes everything required for on-going waste management on the site. For example the garbage chute system, volume handling equipment, bin lifter, motorised bin trolley or similar, recycling bin storage on each residential level, bin storage areas, bulky waste storage area, bin collection area, waste collection vehicle access etc.

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

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

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

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

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

Note: Ramps between different levels are acceptable.

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

Note: Caging of the automatic volume handling equipment is acceptable.

57. 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.

58. Planting to Peats Ferry Road Setback

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

a) 1 x Angophora costata or Syncarpia glomulifera, installed at minimum 25 litre pot size.

59. Completing of Landscaping

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

60. Location of Plantings

Tree plantings for low density must be located 4m or greater than from foundation walls of a dwelling or in-ground pool. The pot size must be a minimum 25L.

All replacement trees must be maintained until they reach the height of 3m. Trees must be native to Hornsby Shire and reach a mature height greater than 9m.

All plant stock must 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.

61. Final Certification

a) A certificate from suitably qualified and experienced Horticulturalist must be submitted to the Principal Certifying Authority stating compliance with the provided conditions of this consent.

b) A certificate from a suitably qualified and experienced Acoustic Consultant must be submitted to the Principal Certifying Authority stating compliance with the provided conditions of this consent.

62. 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).

63. Provision for National Broadband Network (NBN)

64. External Lighting

65. Unit Numbering

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

66. Construction of a Safe Environment

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

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

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

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

d) The service areas of the ground floor and the garbage room at the basement be illuminated with low luminance at all times;

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

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

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

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

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

j) Unit numbers, entry and exit signs must be legible and clear;

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

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

m) Security deadlocks are to be provided to each apartment door;

n) Peep holes are to be provided to individual apartment doors to promote resident safety; and

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

OPERATIONAL CONDITIONS

67. 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 systems and related devices are maintained in effective and efficient working order, managing the communal composting area, managing the bulky item storage area, arranging the prompt removal of dumped rubbish, and ensuring all residents are informed of the use of the waste management system. 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.

68. 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.

69. Sight Distance to Pedestrians and Cyclists

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

70. Residential Parking Spaces

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

71. Visitors Access

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

72. Parking for People with Disabilities

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

73. Bicycle Parking Spaces

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

74. Motorcycle Parking Spaces

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

75. Landscape Establishment

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

76. Noise

77. Fire Safety Statement - Annual

CONDITIONS OF CONCURRENCE – ROADS & MARITIME SERVICE

75. All redundant driveways on Peats Ferry Road should be removed and replaced with kerb and gutter to Council’s satisfaction.

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

77. The swept path of the longest vehicle (to service the site) entering and exiting the subject site, as well as manoeuvrability through the site, shall be in accordance with AUSTROADS. In this regard, a plan shall be submitted to Council for approval, which shows that the proposed development complies with this requirement.

78. The layout of the proposed car parking areas associated with the subject development (including driveways, grades, turn paths, sight distance requirements, aisle widths, aisle lengths, and parking bay dimensions) should be in accordance with AS2890.1-2004, AS2890.6-2009 and AS2890.2-2002 for heavy vehicle usage.

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

- END OF CONDITIONS -

ADVISORY NOTES

Environmental Planning and Assessment Act 1979 Requirements

The Environmental Planning and Assessment Act 1979 requires:

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

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

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

· Mandatory inspections of nominated stages of the construction inspected.

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

Long Service Levy

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

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

Tree and Vegetation Preservation

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

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

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

Disability Discrimination Act

Dial Before You Dig

Telecommunications Act 1997 (Commonwealth)

Asbestos Warning

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

www.environment.nsw.gov.au

www.nsw.gov.au/fibro

www.adfa.org.au

www.workcover.nsw.gov.au

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

House Numbering

Group Manager’s Report No. PL58/15

Planning Division

Date of Meeting: 12/08/2015

9 DEVELOPMENT APPLICATION - RESIDENTIAL FLAT BUILDING COMPRISING 69 UNITS - 305-307 PEATS FERRY ROAD, ASQUITH, 4 LODGE STREET AND 9 BELL STREET, HORNSBY

EXECUTIVE SUMMARY

DA No:	DA/214/2015 (Lodged 26/2/2015)
Description:	Demolition of existing structures, the construction of 2 x five storey residential flat buildings comprising 69 units and basement car parking and subdivision of 4 Lodge Street into two lots
Property:	Lot A DP 340410 and Lot 4 DP 136071305, Nos. 305-307 Peats Ferry Road, Asquith and No. 9 Bell Street and No. 4 Lodge Street, Hornsby
Applicant:	Asquith Property Developments Pty Ltd
Owner:	Ms Jennifer Garlick, Mr Stan Stokes, Mr Edward Black, Mrs Barbara Black, Mr Tuo Liu, Ms Hongjun Song
Estimated Value:	$14,740,000
Ward:	A

· The application involves the demolition of existing structures and construction of two, five storey residential flat buildings comprising 69 units with basement car park and subdivision of No. 4 Lodge Street into two lots.

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

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

· It is recommended that the application be approved subject to a deferred commencement for the registration of the subdivision of No. 4 Lodge Street into two lots.

RECOMMENDATION

THAT Development Application No. DA/214/2015 for demolition of existing structures, construction of 2 x five storey residential flat buildings comprising 69 units and basement car parking and subdivision of No. 4 Lodge Street into two lots at Lots A DP 340410 and Lot 4 DP 136071, Nos. 305 and 307 Peats Ferry Rd, Asquith and 9 Bell Street and 4 Lodge Street, Hornsby 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. PL58/15.

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.

The subject application for demolition of existing structures, construction of 2 x five storey residential flat buildings comprising 69 units and basement car parking and subdivision of 4 Lodge Street into two lots was lodged on 26 February 2015.

On 27 May 2015, Council sent a letter to the applicant raising concerns regarding setbacks, privacy, landscaping, water quality, unit sizes and waste management. On 4 June 2015, the applicant submitted amended plans to address the concerns raised.

On 7 July 2015, further concerns were raised by Council regarding the building form, articulation, landscaping and unit sizes. On 16 July 2015, the applicant submitted amended plans to address these concerns. These amended plans are the subject of this assessment report.

SITE

The site comprises four irregular lots, Lot A DP 340410, Lot 4 DP 136071, Nos. 305-307 Peats Ferry Road, Asquith and Lot 2 DP 385418, No. 9 Bell Street and a portion of Lot 1 DP385418 No. 4 Lodge Street, Hornsby. The site has a combined area of approximately 2,894m² and is located on the northern side of Peats Ferry Road and contains dual street frontages of 35.5m to Peats Ferry Road and 27m to Bell Street. The site has a gentle slope to Peats Ferry Road of approximately 3%.

Existing improvements on the allotments include a dwelling house on each lot and associated structures. Vehicular access is via driveways from Peats Ferry Road and Bell Street. The site, including adjoining properties, contains exotic and native (exempt) tree species.

The surrounding developments include single and two storey residential dwelling houses. The site adjoins the R2 – Low Density zone to the north on Bell Street. The adjoining eastern property was approved for five storey development on 3 September 2014 under DA/370/2014. A five storey residential development is currently being constructed on the southern side of Peats Ferry Road at Nos. 422 - 426 Peats Ferry Road. The site is opposite the Asquith Boys High School to the south of Peats Ferry Road. The adjacent western site is subject to a development application also on business paper for consideration by Council for the construction of 2 x five storey residential flat buildings comprising 80 units.

The site is located in close proximity to Asquith Railway Station and Asquith Commercial Centre.

PROPOSAL

The proposal involves the demolition of existing structures, construction of 2 x five storey residential flat buildings comprising 69 units and basement car parking and subdivision of 4 Lodge Street into two parcels.

The unit mix would consist of 25 x 1 bedroom units, 37 x 2 bedroom units and 7 x 3 bedroom units. Building 1 would be accessed by 1 lift and Building 2 would be accessed by 2 lifts. The buildings would include balconies fronting Peats Ferry Road, Bell Street and the eastern and western side setbacks.

Vehicular access to the development would be via Peats Ferry Road, along the western property boundary. Pedestrian access would be via Peats Ferry Road for building 1 with a pedestrian path would provide a linkage to Building 2. In addition, a separate pedestrian access for Building 2 would be via Bell Street.

A total of 75 car spaces are provided, including 11 visitor’s car spaces proposed in two basement levels.

The site would drain to Peats Ferry Road with a below ground onsite detention system proposed over the south western corner of the site, on the driveway.

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 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) under the HLEP. The objectives of the zone are:

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

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

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

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

2.1.2 Height of Buildings

2.1.3 Heritage Conservation

Clause 5.10 of the HLEP sets out heritage conservation provisions for Hornsby Shire. The site does not include a heritage item and is not located in a heritage conservation area. The proposal is within the vicinity of a heritage listed item of local significance at No. 31 Lodge Street and Nos. 269, 384 and 394 Peats Ferry Road, Hornsby. The heritage listed items are zoned R2 Low Density Residential and the site is over 350m south of No. 31 Lodge Street and over 250m north east of the items at Peats Ferry Road. As such, the proposal would pose minimal impacts to the heritage significance of the items. Accordingly, no further assessment regarding heritage is necessary.

2.1.4 Minimum Subdivision Lot Size

A proposed subdivision has been submitted with the application that seeks consent to subdivide Lot 1 DP 385418, No. 4 Lodge Street to 2 separate allotments to allow a western portion of the lot (approximately 707.5m²) to be consolidated with the adjoining western five storey development DA/215/2015 (Lots A & B DP 349047 and Lots 1 & 2 DP 840373, Nos. 301-303 Peats Ferry Road and 2-4 Lodge Street) and the remaining eastern portion of the lot (approximately 221.6m²) to be consolidated with the subject five storey development.

The proposed boundary adjustment is supported as this would result in a more regular shaped development site that would facilitate more compliant residential flat development schemes and overall planning outcome. In addition, no applicable minimum allotment size has been made under the HLEP for the site. In this regard, a deferred commencement condition is recommended requiring the registration of No. 4 Lodge Street to be subdivided into two lots prior to the consent for the five storey development being operative.

2.1.5 Earthworks

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

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

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

2.5 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.

2.5.1 State Environmental Planning Policy No. 65 – Design Quality of Residential Flat Development – Amendment No. 3

Principle	Compliance
1. CONTEXT	Yes
Comment: The site is located within a precinct planned for five storey residential flat buildings in close proximity to Asquith Railway Station, Asquith Commercial Centre and Hornsby Town Centre. 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 HDCP. 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 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 including the use of stone finishes, painted masonry, metal cladding, timber louvres with natural earthy colour tones would add to the visual interest of the development. Flat roof forms have been adopted with an increased top storey setback on the external facades to minimise bulk and height of the building as required by the HDCP.
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 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 frontages and side boundaries and includes adequate deep soil landscaping between the buildings. No significant trees have been identified on site. Large trees are proposed along the street frontages intercepted by shrubs and hedges which would soften the appearance of the development when viewed from the streets. Deep soil areas that incorporate canopy trees are provided around the building 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 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 design orientates the balconies and windows of individual apartments towards the street 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 Peats Ferry Road and Bell Street. The proposal includes an assessment of the development against crime prevention controls in the Statement of Environmental Effects (SEE). The SEE has regard to Crime Prevention Through Environmental Design Principles (CPTED) and includes details of 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 and security controlled access to basement car park. 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 Asquith railway station, shops and the Hornsby Town Centre.
10. AESTHETICS	Yes
Comment: The architectural treatment of the buildings incorporate indentations and projections in the exterior walls with balcony projections to articulate the facades. The roof is flat to minimise building height and incorporates eaves which would cast shadows across the top storey wall. The articulation of the buildings, 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 HDCP.

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

Residential Flat Design Code
Control	Proposal	Requirement	Compliance
Deep Soil Zone	28%	25%	Yes
Communal Open Space	30%	25-30%	Yes
Ground Level Private Open Space	10m² -20m² Min Dimension 2.5m	25m² Min Dimension 4m	No No
Minimum Dwelling Size	1 br – 50m²-56m² 2 br – 70m²-92m² 3 br – 96m²-102m²	1 br – 50m² 2 br – 70m² 3 br – 95m²	Yes Yes Yes
Maximum Kitchen Distance	9m (Units 221, 231, 241, 325 and 335)	8m	No
Minimum Balcony Depth	2m	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) 50% accessible from the apartments Total Basement Storage - 205m³	1 bed - 6m³ (Min) 2 bed - 8m³(Min) 3 bed - 10m³ (Min) 50% accessible from the apartments Basement storage area required – 127.5m³	Yes
Dual Aspect and Cross Ventilation	45/69 = 65%	60%	Yes
Adaptable Housing	22/69 = 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 a ground level private open space and maximum kitchen distance. Below is a brief discussion regarding the relevant development controls and best practice guidelines.

2.6.1 Ground Floor Apartments and Private Open Space

2.6.2 Apartment Layout

Whilst five out of sixty nine units exceed the 8m maximum distance for kitchens from windows by 1m, these are cross through units with a width of between 4m to 7m. These units have been designed to ensure they are well ventilated and the spatial arrangement is functional and well organised. In this regard, the minor non-compliance is considered acceptable.

Proposed buildings 1 and 2 include a mix of single aspect and corner units, including one, two and three bedroom apartments. The majority of units would be well ventilated and be provided with balconies that permit direct access from living areas that comply with the required private open space areas as required by the HDCP.

2.6.3 Internal Circulation

The proposed development includes access to all floors via a lift in Building 1 and two lifts in Building 2. Each lift would service up to seven units. The internal corridors meet the Code’s requirements for the number of units accessed and design for amenity. The ground floor corridors also provide level access to the communal open space areas. The proposal is acceptable with respect to accessibility requirements of the RFDC.

2.6.4 Acoustic Privacy

2.6.5 Storage

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

2.9 Hornsby Development Control Plan 2013

Hornsby Development Control Plan 2013
Control	Proposal	Requirement	Compliance
Site Width	35.5m	30m	Yes
Height	5 storeys + mezzanine – 17.5m	5 storeys + mezzanine – 17.5m	Yes
Lowest Residential Floor Above Ground	-0.5m (SW corner Building 1) -0.15m (SW corner Building 2)	1m	Yes
Maximum Floorplate Dimension	21m (Building 1 N - S) 38m (Building 2 N-S)	35m	Yes No
Building Indentation	7.5m x (3m to 4m) (West elevation Building 2) 4m x 4m (for east elevation Building 2)	4m x 4m 4m x 4m	No Yes
Height of Basement Above Ground	<1m	1m (max)	Yes
Front Setback (Peats Ferry Road)	10m Between 8m – 10m for a building length of 13m 7m balconies	10m 8m < 1/3 of building width 7m (balconies)	Yes No Yes
Front Setback (Bell Street)	10m 8m for 7m building length 7m balconies	10m 8m < 1/3 of building width (8.3m) 7m (balconies)	Yes Yes Yes
Western Side Setback	Building 1 6m 4m for 9.8m building length Building 2 6m 4m for 12.5m building length	6m 4m < 1/3 of building width (10m) 6m 4m < 1/3 of building width (12.7m)	Yes Yes Yes Yes
Eastern Side Setback	Building 1 6m 4m for 8m building length Building 2 2.5m - 6m 4m for 12m building length	6m 4m < 1/3 of building width (10m) 6m 4m < 1/3 of building width (12.7m)	Yes Yes No Yes
Top Storey Setback from Ground Floor	3m additional provided except for minor encroachments	3m	Yes, with negligible encroachments
Underground Parking Setback	7m – 11m-front 5m – 7m – front (Bell Street) 2.5m – 9m -side (east) 4m-side (west)	7m-front 7m-front 4m-side (east) 4m-side (west)	Yes No No Yes
Basement Ramp Setback	2m	2m	Yes
Deep Soil Landscaped Areas	7m -11m - front 5m – 7m – front (Bell Street) 2.5m – 8m - side (east) 4m-side (west)	7m-front 4m sides	Yes No No Yes
Private Open Space	1br units – 10m² 2br units – 12m² 3br units – 16m² -	1br units – 10m² 2br units – 12m² 3br units – 16m²	Yes Yes Yes
Communal Open Space with Minimum Dimensions 4m	30%	25%	Yes
Parking	75 resident spaces 11 visitor spaces 16 bicycle tracks 8 visitor bicycle racks 2 motorbike spaces	68 resident spaces 11 visitor spaces 15 bicycle tracks 8 visitor bicycle racks 2 motorbike space	Yes Yes Yes Yes Yes
Solar Access	70%	70%	Yes
Housing Choice	1BR – 25/69 = 36% 2BR – 37/69 = 54% 3BR – 7/69 = 10%	10% of each type (min)	Yes
Adaptable Units	22/69 = 32%	30%	Yes

2.9.1 Desired Future Character

2.9.2 Design Quality – SEPP 65

The proposed development is designed in accordance with the design principles of SEPP 65. Refer to discussion in Sections 2.5 and 2.6.

2.9.3 Site Requirements

The HDCP requires sites to have a minimum frontage of 30 metres. The subject site has a frontage of 35.5 metres to Peats Ferry Road and complies with this requirement. The proposal would not result in the isolation of any site for future development as the western site is subject to development application also included on the business paper for consideration by Council for 2 x five storey residential flat buildings comprising 80 units.

2.9.4 Height

2.9.5 Setbacks – Peats Ferry Road

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

Front Setback

The front setback varies between 8 metres to 10 metres for a building length of 12 metres. This does not technically comply with the HDCP which requires that only 1/3 of the building width (8.3 metre) can be reduced to an 8 metre front setback. However, this is a result of the irregular shape of the site with the Peats Ferry Road frontage forming an acute angle with the eastern property boundary. The front façade consists of varying architectural projections with a variety of textures and finishes so the varying setbacks presents a well-articulated from when viewed from both Peats Ferry Road and Bell Street. In this regard, the numerical non-compliance is considered to be acceptable.

Top Storey Setback

The majority of the building incorporates a 3 metre building setback for the top storey on all sides. Minor encroachments exist within the front and side setbacks. The majority of these encroachments are not visible from the streetscape and the top storey setbacks that are visible have been reduced to minimise floor plate dimension. In addition, the building design provides adequate articulation including a balanced juxtaposition of horizontal and vertical projections, wrap around balconies, the use of a variety of textures including face brickwork, painted and rendered masonry, timber cladding combined with a neutral, earthy colour palette, the minor top storey setbacks is considered to be acceptable.

2.9.6 Built Form and Separation

Proposed Building 2 has a maximum floorplate of 38m which does not comply with the provisions of the HDCP which require a maximum floorplate dimension of 35m and a 4m x 4m building indentation to be provided on all buildings with a floorplate dimension over 25m. Notwithstanding, the eastern elevation includes a 4m x 4m building indentation and the western elevation includes a 7.5m wide and between 3m – 4m building indentation. The 1m non-compliance in depth was required to achieve the solar access measures of the HDCP. The building indentations, architectural projections and use of textures create the desired outcome of the separate pavilion forms. In this regard, the minor non-compliance is considered satisfactory. In addition, the non-compliance of maximum floorplate dimension occurs within the side facades which are not prominent when viewed from Bell Street or Peats Ferry Road.

A 9m building separation is provided between Buildings 1 and 2 and the buildings are well articulated in compliance with the HDCP prescriptive measures with a variety of setbacks, materials, finishes and design elements to break up the massing of the building. Whilst levels 1 to 3 do not comply with the minimum 12m building separation required by the RFDC for habitable rooms, the majority of opposing windows serving habitable rooms are screened or are highlight windows thus minimising privacy impacts. However, the north western corner units of Building 1 and south western corner units of Building 2 contain 1.675m wide unscreened opposing windows. In this regard, a condition is recommended requiring all south facing windows opposing habitable spaces on south western corner units in Building 2 to be installed with privacy screens.

With conditions, the proposal is satisfactory in achieving the desired outcome of the HDCP for building form and separation.

2.9.7 Landscaping

The site does not include the removal of any significant trees. The HDCP requires a 7m x 7m deep soil landscaped area in between buildings on larger sites. A deep soil area of 9m x 7m deep soil landscaped area has been provided in between the buildings which complies with this control. A minor non-compliance occurs at the north eastern corner of the site where a deep soil area of between 2.5m to 5.5m is evident due to an irregular property boundary line on the north eastern corner. Notwithstanding, the proposed development provides for landscaping that integrates the built form with the locality and enhances the tree canopy and is thus considered to be satisfactory.

2.9.8 Open Space

The proposal includes a 100m² communal open space area which complies with the prescriptive area requirements and a principle open space area of at least 50 square metres per building with a minimum dimension of 4m has been provided in between the buildings 1 and 2. The principle communal open space area would receive at least 2 hours of sunlight between 9am – 3pm during mid-winter and can be accessed from the foyer of Building 1 and 2 via the front entrance doors. In addition, passive surveillance from side and rear facing balconies results in high visibility.

2.9.9 Privacy and Security

The proposed development is appropriately designed for privacy with the majority of units having an orientation towards the street frontages. However, a number of units are single aspect units facing the eastern and western boundary. Appropriate privacy mitigation measures including movable privacy screens on balconies and highlight windows have been implemented on these façades where the building separation is less than the minimum 12m as required by the RFDC. However, there are a number of opposing windows serving habitable areas in between Buildings 1 and 2. This has been addressed in Part 2.9.6.

The proposed development would provide for casual surveillance of the public domain and communal open space areas. Appropriate conditions are recommended for security access and crime prevention.

Subject to conditions, the proposal complies with the requirements of the HDCP.

2.9.10 Sunlight and Ventilation

The applicant has submitted solar access diagrams demonstrating compliance of individual units with solar access requirements. As the site is located within a redevelopment precinct, the solar access analysis has taken into consideration the overshadowing impacts from future five storey development on the western adjoining site (which is currently being assessed under DA/215/2015) and approved five storey development on the eastern adjoining site which was approved under DA/340/2014.

The applicant submits that 65% of dwellings would provide for dual aspect and natural cross ventilation. Whilst there is only a limited number of dual aspect units, there are a number of cross through apartments that would also allow natural cross ventilation for future occupants of the units. Council’s assessment concludes that the proposal is satisfactory in providing solar access for future occupants of the units.

2.9.11 Housing Choice

The proposed development includes a range of housing types and provision for people with disabilities in accordance with the requirements of the HDCP. 22 out of 69 units (32%) are designed as adaptable units which complies with the requirement of both the HDCP and RFDC.

2.9.12 Vehicular Access and Parking

Vehicle access is proposed on Peats Ferry Road for both Buildings 1 and 2. The proposal includes 75 residential car spaces, 11 visitors car spaces, 17 residential bicycle spaces, 9 visitor bicycle spaces and 2 motor bicycle spaces. This complies with the HDCP which requires 79 residential car spaces, 17 residential bicycle spaces, 9 visitor bicycle spaces and 2 motor bicycle spaces for the site which is located less than 800m from a railway station.

2.9.13 Hyacinth Street, Asquith Precinct

The strategy for redevelopment of this precinct is to incorporate five storey residential flat buildings in garden settings with parking in basements.

The development would provide for a landscaped setting and a built form that is consistent with the desired future outcome for the Hyacinth Street, Asquith Precinct.

2.9.14 Waste Management

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

Three garbage rooms and a garbage collection room, recycling collection room and bulky waste storage room are near the bottom of the ramp would be provided at the basement level. These rooms would be capable of accommodating a total of 7 x 660L garbage bins, 16 x 240L recycling bins, 2 x 660L paper/cardboard bins, 3 x spare 660L garbage bins and 15 x spare 240L recycling bins. However, whilst the bin collection rooms are large enough to house the required number of bins, the proposed doors are outward swinging doors which take space within the carting route to the rear of the truck. To ensure that the carting route is not compromised, a condition is recommended that the doors to the bin collection rooms are to be converted to roller doors 3m wide.

On each residential level of Building 1, a garbage chute and recycling room is provided in a cupboard next to the fire stairs. On each residential level of Building 2, garbage chutes and recycling rooms are provided in a cupboard next to the fire stairs, totalling two bin rooms on each level as there are two lifts. The chutes would empty into the garbage rooms in the upper basement.

The proposed waste management system would require a Small Rigid Vehicle (SRV) waste collection vehicle to forward in, turn around and forward out of the site. Vehicle turning paths were submitted with the application that demonstrates that there is sufficient space for the SRV waste collection vehicle to do this.

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

2.9.15 Heritage

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 66 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 would not necessitate the removal of any ‘significant trees’ from the site. The submitted landscape plan includes a number of locally indigenous trees including 6 x Corymbia maculata (Spotted Gum), 7 x Backhousia citriodora (Lemon Scented Gum) and 10 x Elaeocarpus reticulatus (Blue Berry Ash) and incorporates a variety of groundcovers and low and tall shrubs. Subject to conditions requiring the on-going maintenance of landscaping, the submitted landscape plan would increase the local tree canopy and contribute to the natural environment.

3.1.2 Stormwater Management

The development is proposed to connect to Council’s drainage system located on Peats Ferry Road via below ground on-site detention (OSD) system located on the south western corner of the site on the driveway to control the discharge of water from the site. Council’s engineering assessment concludes that the OSD system is satisfactory, subject to conditions recommended in Schedule 1.

3.2 Built Environment

3.2.1 Built Form

3.2.2 Traffic

A traffic and parking assessment has been submitted with the proposal which estimates that the proposed development would produce a net traffic generation of 11 vehicles during the AM peak hours and 8 vehicles during the PM peak hours which is considered to be negligible when compared with the traffic volumes on the adjacent road network for the proposed development. In this regard, the traffic volume of the development site, Peats Ferry Road has one travel lane per direction. In terms of carriageway capacity, this equates to 1,800 vehicles per hour per lane. Based on the observed traffic flows, the estimated degree of congestion of Peats Ferry Road has been established to be less than 27% nominal capacity.

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

3.3 Social Impacts

The location of the development is in close proximity to Asquith Railway Station, Asquith shops and Hornsby Town Centre which would provide adequate recreational, health and educational facilities for future residents.

3.4 Economic Impacts

4. SITE SUITABILITY

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

5. PUBLIC PARTICIPATION

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

5.1 Community Consultation

The proposed development was placed on public exhibition and was notified to adjoining and nearby landowners between 12 March 2015 and 26 March 2015 in accordance with the Notification and Exhibition requirements of the HDCP. During this period, Council received 2 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

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

· Unacceptable air and noise pollution including concerns regarding asbestos and dust during demolition and construction;

· Unacceptable traffic, accessibility and parking on local streets i.e. trucks on Bell Street;

· Increased crime generated from the development;

· Unacceptable waste management on local roads;

· Development that is excessive in height; and

· The development would result in an increase in abandoned shopping trolleys.

Additional requests included:

· Restriction to work hours due to neighbouring resident’s work shift/sleep patterns.

5.1.1 Air Pollution and Noise During Demolition and Construction

5.1.2 Parking

Concerns were raised regarding construction vehicles and tradesperson vehicles parking on Bell Street. This is a compliance issue. Generally, heavy vehicles are limited to 1 hour parking on residential streets. Council’s Parking Rangers are available for patrols to ensure that no illegal parking occurs in the streets surrounding the proposed development. In addition, a condition is recommended that all construction vehicles are to access the site via Peats Ferry Road only. This is to be included in the traffic management plan and complied with during the works phase.

5.1.3 Shopping Trolleys

Abandoned shopping trolleys would be considered a waste management compliance matter and is not a matter for consideration for the proposed development under Section 79C of the Environmental Planning and Assessment Act, 1979.

5.2 Public Agencies – Roads and Maritime Services

The application was referred to Roads and Maritime Services (RMS) for concurrence under Section 138 of the Roads Act, 1993. RMS reviewed the application and provides concurrence under Section 138 of Roads Act 1993 to the proposed driveway and the removal of the redundant driveway at 305-307 Peats Ferry Road, Asquith provided it is constructed to Council’s satisfaction. Concurrence was provided subject to recommended conditions as included under Schedule 1.

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 two, five storey residential flat buildings comprising 69 units with two levels of basement car parking.

The proposed development is generally in accordance with the development controls for the ‘Hyacinth Street, Asquith’ precinct of the Hornsby Development Control Plan and would contribute to the future desired five storey residential character of the precinct. With conditions, the minor non-compliances to do with prescriptive measures for setbacks, floorplate dimension, deep soil landscaping are considered to be acceptable. The proposal complies with the design principles of SEPP 65 and the Residential Flat Design Code.

Two submissions were received regarding the proposal. The concerns raised have been addressed in the body of the 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 Map
2.View	Site Plan
3.View	Floor Plans
4.View	Elevations and Sections
5.View	Subdivision Plan
6.View	Shadow Diagram
7.View	Landscape Plan

File Reference: DA/214/2015

Document Number: D05972038

SCHEDULE 1

GENERAL CONDITIONS

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

1. Deferred Commencement

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

a) A registered plan of subdivision from the NSW Department of Lands creating a new lot from Lot 1 DP385418 to form part of the development.

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

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

2. Approved Plans and Supporting Documentation

Plan No.	Plan Title	Drawn by	Dated
Ref 17387	Survey Plan	Norton Survey Partners	24/10/10
Ref 17387	Plan showing existing and proposed lot layouts	Norton Survey Partners	27/1/15
A50 - C	Plan B2 & B1	Mijollo International	1/7/15
A52- C	Plans L1 to L3	Mijollo International	1/7/15
A55- D	Plans L4 & L5	Mijollo International	10/7/15
A57- C	Plans Attic & Roof	Mijollo International	10/7/15
A401- C	North, East, South & West Elevations	Mijollo International	13/6/15
A501- C	Section A-A + Internal Elevations	Mijollo International	13/6/15
A611- A	Shadow diagrams	Mijollo International	6/2/15
	Solar Access for Eastern and Western Facades	Mijollo International	Received on 2 7/15
LPDA15-287/1 E	Landscape Plan	Conzept Landscape Architects	20/7/15
LPDA15-287/2 A	Landscape plan (level 4 & 5)	Conzept Landscape Architects	9/9/14
LPDA15-287/3 A	Landscape Details	Conzept Landscape Architects	9/2/15
14051-C201 Rev P1	Erosion & Sediment Control Plan	TDL Engineering Consultants	14/1/15
14051-C101- 104 Rev P1	Stormwater Management Plan Level 1 Layout	TDL Engineering Consultants	14/1/15

Document Title	Prepared by	Dated
Statement of Environmental Effects	Caladines Town Planning P/L	Feb 2015
Waste Management Plan	Ben Hewlett	25/2/15
Music Model – Stormwater pollutant targets	Unnamed	Submitted 4/6/15
Traffic & Parking Report	Ason Group	11/2/15
SEPP 65 Certification	Matthew Cumming (Mijollo International P/L)	24/2/15
Accessibility Report	Abe Consulting	10/2/15
Basix Assessment Report No. ES20141125_00

	Direction
1	Locate sub-regional facilities in Hornsby with: · additional multipurpose community, cultural, library and civic space in the CBD · further development of existing community arts space at Wallarobba.
2	Focus on multipurpose district hubs at: · Epping · Pennant Hills · Cherrybrook · Berowra · Galston.
3	Increase use of and access to village level facilities operated by other organisations and maintain village level facilities where the market is thin. Investigate an alternative management model for village level facilities which are locally valued but underutilised. This could involve leasing of facilities to community associations or similar entities and include responsibilities for reactive and planned maintenance, as well as transparent financial and other reporting and compliance with work health and safety and other legal requirements. Where appropriate, rationalise other low performing facilities to fund improvements to district hubs.
4	Adopt a commercial approach to the offer of leased kindergartens and preschools such that market rental rates are adopted and asset rationalisation is considered when economic considerations warrant. Accompany the process with excellent communications, to ensure lessees have sufficient time to understand and prepare for the changes.
5	Work with Scouts NSW and Girl Guides NSW to renew leases on scout and guide halls, except: · Waitara Guide Hall · halls not maintained to a safe standard · halls without active and regular use. Work with Waitara Girl Guides to enable them to continue as a regular and long term user of the Wallarobba cluster of facilities, moving to shared use of facilities.
6	In accordance with the principles of making the best use of existing facilities, improving financial sustainability and providing facilities that are multipurpose and flexible, do not create or provide land for new single purpose, stand-alone facilities.
7	Review the support and assistance to volunteer management committees to better meet their needs.
8	Improve the current booking system to enhance usability for customers and staff, including online functionality.
9	Review the Lease/Licence of Council Land and Buildings to Community Groups Policy and associated conditions in leases and licences. Address shortfalls in respect of asset management and exclusive use arrangements. Investigate alternative management arrangements with NSW Government (Crown Lands) in relation to the care, control and management of community facilities located on Crown Land.
10	Increase the consistency and sustainability of fees and charges to: · simplify the structure · state the discount against standard rate · increase fees and charges over time to reflect industry benchmarks ensuring commercial hirers are not subsidised · introduce fees for storage · review PLI policy to facilitate use by uninsured, grass roots, community groups. Support the process with transition strategy, including fee modelling and ongoing communications.

Location	Description of Project
Epping Community Hub	Redevelopment of the library site to deliver a new, significantly expanded library and community centre.
Pennant Hills Community Hub	Significant expansion of the library and community centre.
Beecroft Community Centre	Upgrade works including provision of a car parking/drop-off area, air conditioning and accessible toilet facilities.
Beecroft Station Park	New landscaping works associated with Beecroft Station Park following disturbance associated with the Epping to Thornleigh Third Track project.
West Epping Oval	Major redevelopment of West Epping Oval to provide a synthetic surface to the oval and a community recreation hub.
Cheltenham Oval	Irrigation and surface renewals following disturbance associated with the North West Rail Line project.
Local Road and Footpath Improvements	Various local road and footpath improvements.
Bushland Walking Track Improvements	Various bushland walking track improvements.

1.View	HSC Investment Holdings Report - as at 30 June 2015
2.View	HSC Borrowings Schedule as at 30 June 2015

1.View	Draft Community and Cultural Facilities Strategic Plan Submissions Report
2.View	Draft Community and Cultural Facilities Strategic Plan