Agenda of General Meeting - 9 September 2015

Group Manager’s Report No. PL55/15

Planning Division

Date of Meeting: 9/09/2015

11 DEVELOPMENT APPLICATION - FIVE STOREY RESIDENTIAL FLAT BUILDING COMPRISING 45 UNITS - 2 COWAN ROAD AND 540A-542 PACIFIC HIGHWAY, MOUNT COLAH

EXECUTIVE SUMMARY

DA No:	DA/176/2015 (Lodged on 17 February 2015)
Description:	Demolition of existing structures and construction of a five storey residential flat building comprising 45 units
Property:	Lot 101 and 102 DP 620766, Lot 1 DP 580371 No. 2 Cowan Road and Nos. 540A and 542 Pacific Highway, Mount Colah
Applicant:	Longshi Group Pty Ltd
Owner:	Mr K Badin and Mrs H H Badin Mr P H W Chan and Ms S C Cheng Mr G J Payne and Mrs K J Payne
Estimated Value:	$10,180,000
Ward:	A

· The application proposes demolition of existing structures and construction of a five storey residential flat building containing 45 units and basement car park.

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

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

· It is recommended that the application be approved as a deferred commencement to enable creation of an easement for stormwater to drain to Council’s stormwater drainage system.

RECOMMENDATION

THAT Development Application No. DA/176/2015 for demolition of existing structures and construction of a five storey residential flat building comprising 45 units at Lot 101 and 102 DP 620766, Lot 1 DP 580371 No. 2 Cowan Road and 540A and 542 Pacific Highway, 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. PL55/15.

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 application was submitted on 17 February 2015.

On 2 June 2015, Council received additional information and amended plans that included minor modifications to the development including additional setbacks and screening along the southern façade.

On 30 July 2015, Council received a stormwater drainage concept plan that provides two options to drain the storm water from the site into Council’s drainage system via a future drainage easement.

SITE

The site comprises three allotments, No. 2 Cowan Road and Nos. 540A and 542 Pacific Highway, Mount Colah. The site is a regular shaped parcel of land of 2090m² with a 32.36 metre frontage to Cowan Road and a 41.82 metre frontage to the Pacific Highway. The site is located on the south eastern corner of the intersection of the Pacific Highway and Cowan Road.

The site contains three dwelling-houses with associated access arrangements and landscaping. The site experiences a minor fall from west to east across the lot with an average grade of 5%. The site contains a number of exotic, native and locally indigenous trees.

The site forms part of the Housing Strategy ‘Pacific Highway Mount Colah Precinct’ within the Hornsby Development Control Plan 2013.

The adjacent land to the east, being Nos. 6 to 8 Cowan Road, is subject to an approved 5 storey residential flat building pursuant to DA/1214/2014. The land on the northern side of Cowan Road is subject to an approved 5 storey residential flat building pursuant to DA/1096/2013. The adjacent land to the south is zoned for 5 storey apartment buildings and currently comprises low density dwelling houses.

The site is located within walking distance of Mount Colah Train Station, which is approximately 350 metres to the north east of the site.

PROPOSAL

The proposal is for the demolition of existing structures and construction of a five storey residential flat building with mezzanine comprising 45 units and two levels of basement car park accommodating 51 cars. Vehicle access to the site is proposed via a driveway off Cowan Road along the northern boundary.

The proposed units include 17 x 1 bedroom, 23 x 2 bedroom and 5 x 3 bedroom units. The building is arranged around two separate cores, each serving 3 to 5 units per floor. Pedestrian access is provided to the building via the Pacific Highway frontage to the two cores that service the building.

Landscaped areas are proposed along the property boundaries. A garbage collection room is proposed behind the building line in the north-east corner fronting Cowan Road.

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) under the HLEP. The objectives of the R4 zone are:

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

(b) To 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” under the HLEP, complies with the zone objectives 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 17.5m. The proposal complies with this provision.

2.1.3 Earthworks

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

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

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

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

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 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. 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.

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 does not apply to the subject application and the previous version (Amendment 2) of the SEPP is required to be considered.

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 and the Mount Colah commercial 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 building footprint also complies with the maximum floorplate of 35m prescribed within the DCP. The development achieves a scale consistent with the desired outcome for well-articulated buildings that are set back to incorporate landscaping, open space and separation between buildings.
3. BUILT FORM	Yes
Comment: The proposed building achieves an appropriate built form for the site and its purpose, in terms of building alignments, proportions, and the manipulation of building elements. The building would appropriately contribute to the character of the desired future streetscape and includes articulation to minimise the perceived scale. The proposed materials and finishes would add to the visual interest of the development. Flat roof forms have been adopted with an increased top storey setback on the external facades to minimise bulk and height of the building as required by the Hornsby DCP.
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. The proposal has been designed to facilitate the retention of two trees on the corner of the Pacific Highway and Cowan Road. 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 the Pacific Highway and Cowan 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.
9. SOCIAL DIMENSIONS AND HOUSING AFFORDABILITY	Yes
Comment: The proposal incorporates a range of unit sizes to cater for different budgets and housing needs. The development complies with the housing choice requirements of the Hornsby DCP by providing a component of adaptable housing and a mix of 1, 2 and 3 bedroom dwellings. The proposal responds to the social context in terms of providing a range of dwelling sizes with good access to social facilities and services as the site is located in close proximity to Mount Colah railway station and shops.
10. AESTHETICS	Yes
Comment: The architectural treatment of the building incorporates indentations and projections in the exterior walls with balcony projections to articulate the facades. The roof is flat to minimise building height and incorporates eaves which would cast shadows across the top storey wall. The articulation of the building, composition of building elements, textures, materials and colours would achieve a built form generally consistent with the design principles contained within the Residential Flat Design Code and the Hornsby DCP.

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

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

Residential Flat Design Code
Control	Proposal	Requirement	Compliance
Deep Soil Zone	32%	25%	Yes
Communal Open Space	32%	25-30%	Yes
Ground Level Private Open Space	10-26m² Min Dimension 2.5m	25m² Min Dimension 4m	No No
Minimum Dwelling Size	1 br – 50m²to 56m² 2 br – 70m² to 93m² 3 br – 95m²to 99m²	1 br – 50m² 2 br – 70m² 3 br – 95m²	Yes Yes Yes
Maximum Kitchen Distance	8-9m (14/ 45 units)	8m	No -minor
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)	1 bed - 6m³ (Min) 2 bed - 8m³(Min) 3 bed - 10m³ (Min) 50% accessible from the apartments	Yes Yes
Dual Aspect and Cross Ventilation	66%	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 ground floor private open space areas and apartment layout. 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 all of the ground floor units do not comply with 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.

Furthermore, the private open space areas 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

The proposed architectural composition of the building includes a mix of single aspect, cross-through and corner units including one, two and three bedroom apartments.

The RFDC “Better Design Practice” guidelines indicates minimum unit sizes required to achieve high quality apartments. The proposed development provides 30% of units with an internal area that complies with the high quality control. At the smaller affordable housing size, the development provides 31% of units at the minimum size. The development provides an appropriate mix of unit types and sizes.

The width of the cross-though apartments are at least 4 meters wide, and the single aspect units are limited in depth to 8 metres from a window that complies with the RFDC rules of thumb for these apartment types.

The RFDC requires that the back of a kitchen should be no greater than 8m from a window. Of the 45 units proposed, 14 units contain kitchens where the back wall is marginally greater than 8m from a window. These units offer an open layout with natural ventilation and accordingly, the minor non-compliance is acceptable with respect to residential amenity.

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

2.6.3 Internal Circulation

The proposed development includes access to all floors via two centrally located lifts. The internal corridors meet the Code’s requirements for the number of units accessed and design for amenity. The proposal is acceptable with respect to the 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 or fire stairs would act as a buffer between units. Bedrooms and service areas such as kitchens, bathrooms and laundries would be grouped together wherever possible. As the site is in proximity to the Pacific Highway and the Railway Corridor, the application includes an acoustic report recommending acoustic mitigation measures to comply with the acoustic aims of SEPP Infrastructure. The consent conditions require the installation of acoustic attenuation measures to achieve the standards in the SEPP. The proposal is consistent with the RFDC for acoustic privacy.

2.7 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.

2.8 State Environmental Planning Policy (Infrastructure) 2007

The application has been assessed against the requirements of State Environmental Planning Policy (Infrastructure) 2007. This Policy contains State-wide planning controls for developments adjoining rail corridors and busy roads. The development is located immediately adjacent to a classified road corridor (Pacific Highway) and within 40 metres of a Railway corridor. The following matters are required to be considered pursuant to the SEPP.

2.8.1 Excavation Adjacent to Rail Corridors

Clause 86 of SEPP Infrastructure applies to development that involves the penetration of ground to a depth of at least 2 metres within 25 metres of a rail corridor. The application involves excavation approximately 42 metres from the rail corridor and therefore does not require concurrence from RailCorp.

2.8.2 Impact of Rail Noise

Clause 87 of SEPP Infrastructure applies to development that is adjacent to a railway corridor. While the property does not immediately adjoin the corridor, the applicant has submitted an acoustic assessment report that takes into consideration noise and vibration from the train line. The report recommends measures to reduce noise impact on the internal occupants.

2.8.3 Impact of Road Noise

Assessment of the impact of road noise on a residential use is required pursuant to Clause 102 of SEPP Infrastructure where a development fronts a road with an annual average daily traffic volume of more than 40,000 vehicles. The average daily traffic volume on the Pacific Highway in the vicinity of the site does not exceed 40,000 vehicles and therefore, this clause does not apply to the proposal. Notwithstanding, the Noise and Vibration Assessment submitted with the application demonstrates that the development is capable to achieving reasonable amenity and acoustic privacy. The application was referred to the Roads and Maritime Service (RMS) who has not raised any concerns in this regard.

2.8.4 Traffic Generating Developments

The development is not classified as a Traffic Generating Development in accordance with Clause 104 and Schedule 3 of SEPP (Infrastructure) as it would not result in more than 75 dwellings fronting a classified road. The RMS has provided consent conditions for the development in accordance with its concurrence role under the Roads Act.

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	32m (Cowan Rd) 42m (Pacific Hwy)	30m	Yes
Height	5 storeys + mezzanine – 17.5m	5 storeys – 17.5m	Yes Yes
Lowest Residential Floor Above Ground	+0.25m	1.5m	Yes
Maximum Floorplate Dimension	35m – north-south 31m – east-west	35m	Yes
Building Indentations	Cowan Road – 4x4 East façade – 4x4m(+) South facade– 4x4m Pac Hwy – 4x4m	4m x 4m	Yes
Height of Basement Above Ground	0.3m	1m (max)	Yes
Front Setback – Cowan Road	10m 6.2m at 8m (20%) 7m balconies	10m 8m < 1/3 frontage 7m balconies	Yes Yes Yes
Front Setback – Pacific Highway	10m to 15.5m 13m at 8m (39%) 7-13m balconies	10m 8m < 1/3 frontage 7m balconies	Yes No-Minor Yes
Side Setback – South boundary	6m 4m < 1/3 build	6m 4m < 1/3 build	Yes Yes
Side Setback – East boundary	6-12m 18m at 4m (51%)	6m 4m < 1/3 build	Yes No
Top Storey Setback from Ground Floor	Mostly 3m provided except for minor encroachments within the front, southern and eastern setbacks Front (W) – 2.5m setback for a building length of 7m Side (S) – no setback for a building length of 3.5m Side (E) – 1m setback for a building length of 4m	3m	Yes with negligible encroachments to front, south and east side setbacks
Underground Parking Setback	7m-Cowan Rd 7m-Pacific Hwy 4m-side (east) 4m-side (south)	7m-front 7m-front 4m-side (east) 4m-side (south)	Yes Yes Yes Yes
Basement Ramp Setback	2m	2m	Yes
Deep Soil Landscaped Areas	7m-Cowan Rd 7m-Pacific Hwy 2-4m-side (east) 4m-side (south)	7m-front 7m-front 4m-side (east) 4m-side (south)	Yes Yes Yes Yes
Private Open Space	1 br units – 10m² to 19m² 2 br units – 12m² to 26m² 3 br units – 16m² to 39m²	1 br units – 10m² 2 br units – 12m² 3 br units – 16m²	Yes Yes Yes
Communal Open Space with Minimum Dimensions 4m	28%	25%	Yes
Parking	44 resident spaces 7 visitor spaces 9 bicycle racks 5 visitor bicycle racks 2 motorbike space	44 resident spaces 7 visitor spaces 9 bicycle racks 5 visitor bicycle racks 1 motorbike space	Yes Yes Yes Yes Yes
Solar Access	71%	70%	Yes
Housing Choice	17 x 1 br units - 38% 23 x 2 br units - 51% 5 x 3 br units - 11%	10% of each type (min)	Yes
Adaptable Units	31% (14/45 units)	30%	Yes

As detailed in the above table, the proposed development generally complies with the prescriptive requirements within the HDCP other than minor encroachments into setbacks. 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 proposed five storey residential flat building would be sited within the Pacific Highway, Mount Colah housing precinct. The proposal is in accordance with the required key principles for the precinct which prescribes 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. The subject site has a frontage of 32m to Cowan Road and 42m to the Pacific Highway and complies with this requirement. The proposal would not result in the isolation of any site for future development.

2.10.3 Height

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

2.10.4 Setbacks

The site has two street frontages, being Cowan Road and the Pacific Highway. Taking into account the objectives of the R4 High Density Zone, and the preference to maintain a consistent streetscape with the developments to the north and east of the site, the application is assessed as having two frontage setbacks of 10 metres and two side setbacks of 6 metres along the eastern and southern boundaries. As noted in the table above, the proposal generally complies with most of these building setback controls. There are some encroachments into the setbacks which are addressed as follows:

Pacific Highway

The HDCP requires that requires that the minimum front setback for all buildings and structures to the front boundaries is 10m, which can be reduced to 8m for a maximum 1/3 of the building width, with balconies able to encroach to 7m. The proposal has a highly variable building setback adjacent to this boundary as a result of including cross-through apartments in the centre of the building. While the building line is at 8 metres for 39% of the building width, a substantial setback up to 12 metres in width is provided in the centre of the building. Furthermore, the majority of the balconies have a setback well in excess of the minimum of 7m permitted by the HDCP. Accordingly, on balance the building generally complies with the setback requirements.

East Side Setback

The HDCP requires that the minimum side setback for all buildings and structures to the front boundaries is 6m, which can be reduced to 4m for a maximum 1/3 of the building width. The proposal has a highly variable building setback adjacent to this boundary as a result of including cross-through apartments in the centre of the building. While the building line is at 4 metres for 1/2 of the building width, a substantial setback up to 12 metres in width is provided in this location. Accordingly, on balance the building generally complies with the setback requirements. 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.

Top Storey Setback

The top storey is mostly setback 3m with the exception of part of the front (Pacific highway), side (south) and side (east) facing facades.

Along the Pacific Highway the encroachment is indiscernible and comprises a 2.5m setback in two small locations adjacent to Units 5.03 and 5.04.

A 3m setback is not provided in the eastern setback adjacent to the large indent at Units 5.01 and 5.02. This non-complying setback and will not be readily visible to the public domain as it is setback behind Unit 5.06 that adjoins Cowan Road, and is also well setback from the adjoining property.

A 3m setback is not provided for part of Unit 5.02 adjacent to the balcony area of the Unit below. This minor non-compliance does not raise any significant concerns in relation to built form and building separation.

2.10.5 Building Separation

The RFDC and HDCP require that a 12m separation should be provided between unscreened habitable areas/balconies of two adjoining buildings. Accordingly, half of the building separation requirement (6m setback) should be provided at the side and rear boundaries to achieve the objective. As noted in the table above, the proposal generally complies with the building setback controls required by the HDCP. Within the side setbacks, the HDCP permits buildings to be setback at 4m for a portion of the façade. Where the building is setback at 4m, the application has included screening on the windows or balconies as required by the HDCP to provide adequate privacy to the adjacent sites.

The applicant proposes to screen the southern primary opening of the balcony to Units 2.04, 3.04 and 4.04 with louvres that would allow sunlight access, but alleviate overlooking opportunities. This balcony would still receive direct sunlight as it has a western aspect that does not directly overlook the neighbouring property to the south.

2.10.6 Building Form

The proposed building is limited in width and depth, the maximum floor plate dimension being 35m. The facades are divided into 8m - 12m wide vertical panels by including indentations in the alignment of the external walls and the inclusion of balconies that project forward of the walls. The façade treatment, size and placement of windows, wrap-around balconies, vertical panels, indentations and setback variations contribute to minimising the bulk and scale of the building. The proposed facades include a mix of contrasting materials, finishes and fenestration that contribute to the building articulation.

The proposed built form meets the desired outcome within the HDCP for development of a scale and bulk which enhances the streetscape character.

2.10.7 Landscaping

The design of the basement generally achieves the prescribed landscape setbacks along the boundaries.

Landscaping along the Pacific Highway and Cowan Road frontages would include canopy trees intercepted by hedges and shrubs. This includes the retention of one large street tree on the Council verge at the intersection of Cowan Road and the Pacific Highway. The landscaping would include planting of locally indigenous trees in suitable locations that would contribute to the streetscape setting and the local tree canopy.

A communal open space area with associated paving, seating areas are located within the western front setback area adjacent to the main entrance to the site. This would provide a communal space that is readily accessed by the residents with access to sunlight.

Screen planting including 50 small trees is proposed along the eastern and southern side boundaries to provide a strong landscape setting for the development at the interface with neighbouring properties.

Subject to recommended conditions, the proposal is assessed as satisfactory in this regard.

2.10.8 Open Space

The proposed private open space areas for all dwellings generally comply with the prescriptive area requirements within the HDCP. The balconies include a range of layouts with access off living areas and the proposed areas are suitable for a range of outdoor activities.

2.10.9 Privacy and Security

As discussed in this report, the site is located at the interface with an approved 5 storey residential apartment building to the east (DA/1214/2014) and low density housing to the south that is within a 5 storey redevelopment precinct. The proposal responds appropriately to the site context and incorporates appropriate privacy measures such as setbacks, landscaping, screens and high windows wherever possible. The proposed privacy measures are addressed below:

Eastern Side

The eastern façade of the building has a variable setback ranging from 4 to 12 metres. The portion of the building that is setback 4 metres is treated with high sills or screens to habitable rooms and screening to balconies. This facilitates the achievement of the separation controls in the HDCP of 12metres between unscreened habitable rooms and balconies.

Southern Side

The southern façade would face the side and rear yards of two properties accessed off the Pacific Highway, No.538B Pacific Highway and 540 Pacific Highway. The properties to the south are located within the redevelopment precinct, accordingly the development has been designed with appropriate setbacks and privacy treatment taking into account a future 5 storey building on the adjoining site.

2.10.10 Sunlight and Ventilation

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

The solar access diagrams submitted with the application indicate the overshadowing impacts of the development to adjoining properties at 9am, 12pm and 3pm on June 21. The proposed five storey development would overshadow the properties to the south in midwinter. A future development proposal for potential five storey development to the south would need to demonstrate compliance with the solar access requirements for five storey developments governed by the RFDC and Council’s DCP.

2.10.11 Housing Choice

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

Of the proposed dwellings, 38% are one bedroom, 51% two bedroom and 11% three bedroom dwellings. The proposed housing mix complies with the Housing Strategy DCP requirement for at least 10% of each dwelling type and 30% adaptable units.

2.10.12 Vehicular Access and Parking

Vehicle access to the proposed basement car park is via a 6m wide driveway off Cowan Road. The parking provision within the basement is in accordance with the minimum number of car spaces prescribed by the HDCP. The driveway width, ramp gradients and aisle widths are assessed as satisfactory. The basement level includes storage areas for residents and bicycle/motor cycle parking areas.

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

2.10.13 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 would require 4 x 660lt garbage bins serviced twice weekly and 10 x 240lt recycling bins serviced weekly, plus one 660L paper/cardboard bin.

The building incorporates garbage chutes adjacent to the two lifts, where waste is then transferred into a garbage room in the Basement Level B1. A site caretaker is then to transfer the bins from the basement room to a bin collection room located on the ground floor within the building footprint, adjacent to the driveway entrance off Cowan Road. In addition, a common bulky waste storage area has been proposed at the basement level.

2.10.14 Pacific Highway, Mount Colah Precinct

The strategy for redevelopment of this precinct is to incorporate 5 storey residential flat buildings in landscaped settings, and to limit vehicle access to the Pacific Highway. The scheme is consistent with the built form controls to provide for design quality for all facades that are visible from the street frontages. The proposal maintains a significant landscape setting and setbacks to the Pacific Highway and Cowan Road in accordance with the Key Principles Diagram and maintains a consistent streetscape with the approved developments to the north and east of the site. As a result, the development would provide for a landscaped setting and a built-form that is consistent with the desired future outcome for the Pacific Highway Mount Colah Precinct.

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 45 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

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 proposed development would necessitate the removal of 29 trees from the site due to poor health and condition or that they are not indigenous and therefore not protected under the HDCP. Two trees on the site are identified as ‘indigenous trees’. The application is supported by an Arborist report that assesses these trees as Tree 5 (Ceratopetalum gummiferum – NSW Christmas Bush) and Tree 12 (Pittosporum undulatum – Sweet Pittosporum) as being of poor health and therefore, there are no objections to the removal of these trees.

There are 3 trees on the adjoining Council nature strip (Tree Nos 1, 2 and 14) that have been assessed as part of the application.

Tree No.14 is a substantial Eucalyptus cladocalyx (Sugar Gum) located at the intersection of the Pacific Highway and Cowan Road. The applicant’s Arborist assessment identifies this tree as being of high landscape significance and although it is in the very early stages of decline, it is recommended that this tree be retained and protected. Appropriate consent conditions are recommended to protect this tree.

Trees No.1 and 2 are a Bottlebrush and Jacaranda of 3 to 4 metres in height located on the nature strip at the Cowan Road frontage. These trees are identified as having low landscape significance and are identified for removal due to the location of the proposed driveway on Cowan Road. There is no objection to the removal of these 2 trees, subject to a consent condition requiring replacement planting with two Eucalyptus haemastoma (Scribbly Gum) trees.

3.1.2 Stormwater Management

Following advice that stormwater from the site could not drain to a future gutter in Cowan Road, the applicant submitted a stormwater drainage concept plan for stormwater drainage options over downstream lands to Council’s system.

The drainage concept would require works on the adjoining lands the subject of DA/1214/2014 and DA/629/2014 for construction of five storey residential flat buildings at Nos. 6 - 8 Cowan Road Mount Colah and Nos. 1-3 Werombi Road, Mount Colah (Option A) or alternatively for connection to the drainage system for the approved development to the north of the site, DA/1096/2013 for construction of a five storey residential flat building at Nos. 544-552 Pacific Highway and 1 and 1A Cowan Road, Mount Colah (Option B). The adjoining owner’s consent has not been obtained for granting a drainage easement or for the necessary works on the adjoining land. A deferred consent commencement condition is recommended for owner’s consent to be obtained for granting a drainage easement and for works within the easement.

The stormwater management plan includes an additional rainwater tank for harvesting of stormwater to reduce urban stormwater pollution together with a stormwater detention system to minimise impacts on downstream waterways.

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

3.2 Built Environment

3.2.1 Built Form

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

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

3.2.2 Traffic

The Traffic and Parking Assessment prepared by Ason Group estimates the proposed development would generate additional 11 vehicles trips per hour in the AM and PM peak hours. The additional traffic generated by the proposal is acceptable in respect to impact on the efficiency of the adjacent road network. Although peak hour traffic generation may appear to be negligible when compared with the traffic volumes on the adjacent road network for this development alone, the cumulative traffic impacts of all sites earmarked for redevelopment in the precinct will be significant. The cumulative impact has been considered in the strategic transport model for the housing strategy. The required traffic management improvements have been included in the S94 Contributions Plan.

3.3 Social Impacts

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

3.4 Economic Impacts

The proposal would have a minor positive impact on the local economy in conjunction with other new 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 subject to noise mitigation measures to address the operation of the nearby rail corridor and the Pacific Highway. The scale of the proposed development is consistent with the capability of the site and is considered acceptable.

5. PUBLIC PARTICIPATION

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

5.1 Community Consultation

The proposed development was placed on public exhibition and was notified to adjoining and nearby landowners between 5 March and 19 March 2015 in accordance with the Notification and Exhibition requirements of the HDCP. During this period, Council received 1 submission. The map below illustrates the location of the nearby landowners who made a submission.

NOTIFICATION PLAN

• PROPERTIES NOTIFIED

X SUBMISSION

RECEIVED

PROPERTY SUBJECT OF DEVELOPMENT

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

5.1.1 Overshadowing and Privacy Impacts

The impact of the proposed development on the amenity of an adjacent dwelling house including overshadowing and visual and acoustic privacy impacts were raised as a concern.

The proposed development would result in some overshadowing of the adjacent dwelling house to the south. However, the adjacent property to the south is zoned 5 storey residential flat buildings and therefore, the design of the proposal has regard for the Desired Future Character of the locality.

On the upper level on the building there are three units per floor adjoining the southern boundary. One unit is oriented to the street, a central unit has an outlook towards the south boundary however a privacy screen is located on the balcony and the eastern unit complies with the required 6 metre setback. Therefore, the building is designed to limit overlooking towards the southern boundary.

The proposal is in accordance with the objective of the subject R4 High Density Residential zone to provide for the housing needs of the community within a high density residential environment.

5.1.2 Traffic and Parking impacts

A submission raises concerns that the proposed development would impact on the amenity of the adjacent dwelling house by increasing demand for on-street parking, and generating additional traffic.

The proposed development complies with the car parking rates required by the HDCP. The cumulative traffic impacts of redeveloping this precinct has been considered in the strategic transport model for the Housing Strategy. The required traffic management improvements have been included in the Section 94 Contributions Plan.

5.1.3 Boundary Fence

The neighbouring property queried what would happen to the boundary fence to protect her property and amenity. The existing fence along the southern boundary comprises a variable 1.8m high fence constructed of brick forward of the building line and timber behind the building line. The landscape plan proposes to construct a 1.8m high timber fence along the property boundary. A condition of consent is recommended requiring the installation of a 1.8m high boundary fence along all property boundaries behind the building line.

5.1.4 Construction Phase Impacts

A submission raises concerns regarding the impact of the proposal on the adjacent dwelling during the construction phase including noise, construction worker parking, dust and pollution and safety.

The surrounding environment would be safeguarded from asbestos contamination by an appropriate condition to address the proposed demolition of the existing buildings on the site. In addition, consent conditions are recommended in relation to hours of construction, and environmental management during the construction phase.

5.2 Public Agencies

The development application was referred to Roads and Maritime Services for comment in accordance with the provisions of State Environmental Planning Policy (Infrastructure) 2007 in respect to the Pacific Highway adjoining the site and approvals required under the Roads Act. The RMS has raised no objections to the proposed development subject to recommended conditions.

6. THE PUBLIC INTEREST

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

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

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

CONCLUSION

The application seeks approval for the demolition of existing structures and construction of a five storey residential flat building comprising 45 units and basement car parking.

The site is located in a high density residential precinct. The design respects the site constraints and results in a reasonable outcome.

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 residential character of the precinct. The proposal complies with the design principles of SEPP 65 and the Residential Flat Design Code, subject to recommended conditions of consent.

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

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

RESPONSIBLE OFFICER

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

Rod Pickles

Manager - Development Assessment

Planning Division

James Farrington

Group Manager

Planning Division

Attachments:

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

File Reference: DA/176/2015

Document Number: D05963899

SCHEDULE 1

GENERAL CONDITIONS

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

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

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

1. Deferred Commencement

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

a) The registration and creation of easements to drain water from the site over downstream properties in accordance with one of the options as shown in the Stormwater Drainage Easements Options Plan, Drawing No 14053-C06, Revision P1 by TLD Engineering Consultants, PTY LTD, Dated 14.07.15

b) Submission of a report by a Chartered Professional Engineer of the Institution of Engineers, Australia demonstrating that the downstream Council pipes to which the discharge from the site is proposed to be connected have adequate capacities. In absence, the downstream pipe(s) are to be upgraded with construction of the stormwater system.

c) Alternatively, consent from Sydney Trains to construct and permit discharge from, a Council drainage system onto the railway swale drain complying with the authority’s requirements. Consent letter from Sydney trains is to be submitted to Council.

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

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

2. Approved Plans and Supporting Documentation

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

Plan No.	Plan Title	Drawn by	Dated
A105-A	Site Analysis	Mijollo International	23.01.15
A201-A	Plan Level B2	Mijollo International	23.01.15
A202-B	Plan Level B1	Mijollo International	14.05.15
A203-B	Plan Level 1 (Ground)	Mijollo International	14.05.15
A204-C	Plan Level 2 & 3	Mijollo International	04.08.15
A205-C	Plan Level 4	Mijollo International	04.08.15
A206-C	Plan Level 5	Mijollo International	04.08.15
A207-B	Plan Level 6	Mijollo International	14.05.15
A208-B	Site Plan & Roof Plan	Mijollo International	04.08.15
A301-B	Elevation North & West	Mijollo International	14.05.15
A302-C	Elevation South & East	Mijollo International	04.08.15
A310-B	Schedule of Finishes	Mijollo International	04.08.15
A401-B	Section A-A	Mijollo International	04.08.15
A501-A	Detail Plans Adaptable Units	Mijollo International	23.01.15
A600-B	East and South Perspectives	Mijollo International	14.05.15
LPDA 15-270/1 Rev E	Landscape Plan	Conzept	3.02.15
LPDA 15-270/2 Rev B	Landscape Details	Conzept	2.02.15
LPDA 15-270/3 Rev B	Landscape Plan (Levels 2,3&4)	Conzept	2.02.15
LPDA 15-270/4 Rev B	Landscape Plan (Level 5)	Conzept	2.02.15
14053-C00 Rev P1	Stormwater Drainage Layout Level 1	TDL Engineering	2.02.15
14053-C01 Rev P1	Stormwater Drainage Layout Basement Level 1	TDL Engineering	2.02.15
14053-C02 Rev P1	Stormwater Drainage Layout Basement Level 2	TDL Engineering	2.02.15
14053-C03 Rev P1	Stormwater Management Plan Detail Sheet	TDL Engineering	2.02.15
14053-C02 Rev P1	Erosion and Sediment Management Plan	TDL Engineering	2.02.15
14053-C03 Rev P1	Erosion and Sediment Management Plan Detail	TDL Engineering	2.02.15
14053-C06 Rev P1	Stormwater Drainage Easement Options	TDL Engineering	30.7.15

Document Title	Prepared by	Dated
Basix Assessment Report	Longshi Group	5.02.14
Basix Certificate No.606240M	ESD Synergy Pty Ltd	5.02.15
Acoustic DA Assessment	Acouras Consultancy	13.02.15
Access & Adaptability Assessment Report	Access Mobility Solutions	4.02.15
Traffic and Parking Assessment	Ason Group	28.01.15
Tree Health and Condition Assessment	Bradshaw Tree Services	30.1.15
Waste Management Plan	Longshi Group	Received 4.6.15
Safety Security and Crime Prevention Design Measures (as described in the Statement of Environmental Effects	Caladines Town Planning	Feb 2015

3. Removal of Existing Trees

This development consent permits the removal of all the trees located on the site. The development consent permits the removal of Trees No.1 and 2 located on the nature strip as identified in the Tree Health and Condition Assessment Report prepared by Bradshaw Tree Services, dated 30 January 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).

4. 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.

5. Section 94 Development Contributions

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

Description	Contribution (4)
Roads	$19,990.55
Open Space and Recreation	$495,874.70
Community Facilities	$69,106.90
Plan Preparation and Administration	$2,049.75
TOTAL	$587,021.90

being for 17 x 1 bedroom units, 23 x 2 bedroom units, 5 x 3 bedroom units and including credit for 3 existing allotments.

b) The value of this contribution is current as at 12 August 2015. If the contributions are not paid within the financial quarter that this condition was generated, the contributions payable will be adjusted in accordance with the provisions of the Hornsby Shire Council Section 94 Development Contributions Plan and the amount payable will be calculated at the time of payment in the following manner:

$C_{PY =}$C_DC x CPI_PY

CPI_DC

Where:

$C_PY is the amount of the contribution at the date of Payment

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

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

CPI_DC is the Consumer Price Index (Sydney – All Groups) for the financial quarter at the date applicable in this Development Consent Condition.

c) The monetary contributions shall be paid to Council:

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

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

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

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

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

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

REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

6. Building Code of Australia

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

7. Contract of Insurance (Residential Building Work)

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

8. Notification of Home Building Act, 1989 Requirements

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

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

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

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

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

i) The name of the owner-builder; and

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

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

9. 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.

10. Dilapidation Report

A ‘Dilapidation Report’ is to be prepared by a ‘chartered structural engineer’ detailing the structural condition of the adjoining properties, No.538B Pacific Highway Mount Colah and No.540 Pacific Highway Mount Colah.

11. Adaptable Units

The development is required to provide 14 units designed as adaptable housing pursuant to the requirements of 1C.2.2 of the Hornsby Development Control Plan. In this regard five (5) car parking spaces are to be designed for people with a disability and allocated to 5 adaptable units. The details of all adaptable units must be provided with the Construction Certificate plans.

12. Waste Management Details

The following waste management requirements must be complied with:

a) Both garbage chutes are to be fitted with volume handling equipment to automatically change the bin into which the garbage falls when it becomes full. Note: a 2 x 600L bin linear carousel or diversion splitter is acceptable;

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

13. Noise – Rail Corridor and Pacific Highway

The development must be carried out in accordance with the recommendations contained within the acoustic report submitted with the development application, titled ‘Acoustic DA Assessment’, prepared by Acouras Consultancy and dated 13/2/2015 and the requirements of the Department of Planning’s Development Near Rail Corridors and Busy Roads – Interim Guideline and RailCorp’s Interim Guidelines for Applicants.

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

14. 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 via an onsite detention and water quality treaty systems to the following requirements:

a) Connected to an existing Council piped drainage system that is to be connected in accordance with one of the options as shown in the Stormwater Drainage Easements Options Plan, Drawing No 14053-C06, Revision P1 by TLD Engineering Consultants, PTY LTD, Dated 14.07.15

b) All drainage works that requires laying of pipe within Council road reserve or becomes part of Council’s network must be constructed in accordance with Council‘s Civil works Specifications and a construction certificate application is to be submitted to Council for approval. An overland flowpath is to be provided over any proposed drainage line that is to become part of Council pipe system through private properties

c) Where RailCorp’s consent is obtained for discharge to railway swale/open drain all works are to be constructed in accordance with requirements of the authority. Stamped copy of the approval is to be submitted to Council prior to issue of a construction certificate.

Any stormwater pipe from the development site that is to be located within Cowan Road reserve to discharge to the railway swale/open drain shall be constructed in accordance with Council’s Civil Works Specifications. A construction certificate is to be submitted to Council for approval.

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

15. Connection to Council Pit

a) The connection to any Council pit shall be inspected by a Council Engineer in the Planning Division. Prior to the connection, an application shall be made to Council and all fees paid. An inspection booking can be made by calling 98476787.

b) Prior to the issue of an occupation permit, a compliance certificate shall be obtained from Council for the connection to Council pit.

16. On-Site Stormwater Detention

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

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

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

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

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

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

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

17. Urban Stormwater Quality

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.

18. Vehicular Crossing

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

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

b) The footway area to be restored by turfing.

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

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

19. Internal Driveway/Vehicular Areas

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

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

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

c) Car parking, loading and unloading areas to be used solely for nominated purposes.

20. Footpath

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

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

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

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

21. Road Works

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

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

b) Kerb and gutter is to be constructed along the Pacific Highway frontage of the development. All works are to be carried out in accordance with the requirements of RMS and stamped approved plans from the authority are to be submitted for issue of a construction certificate by Council.

c) The existing intersection kerb return between Pacific Highway and Cowan Road fronting the property is to be removed and upgraded to RMS’s requirements. Approved plan by RMS is to be submitted to Council for issue of a construction certificate by Council.

d) The existing road pavement to be saw cut a minimum of 300 mm from the existing edge of the bitumen and reconstructed for kerb and gutter construction works.

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

f) No work is to commence within the road reserve until approval under Section 138 of the Roads Act is obtained from Hornsby Shire Council. In this regard a construction certificate application is to be submitted to Council

g) Road Occupancy permit shall be obtained from RMS for carrying out works within Pacific Highway road reserve.

22. 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".

23. Traffic Control Plan

A Traffic Control Plan (TCP) must be prepared by a qualified traffic controller in accordance with the Roads & Traffic Authority’s Traffic Control at Worksites Manual 1998 and Australian Standard 1742.3 for all work on a public road. The Traffic Management Plan shall be submitted and approved by Council’s Manager Traffic and Road Safety prior to the issue of a construction certificate. The TCP must detail the following:

a) Arrangements for public notification of the works.

b) Temporary construction signage.

c) Permanent post-construction signage.

d) Vehicle movement plans.

e) Traffic management plans.

f) Pedestrian and cyclist access/safety.

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

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

24. 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.

25. 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.

26. 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.

27. 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.

28. Project Arborist

A Project Arborist (AQF5 qualified) must be appointed for the installation of tree trunk protection and fencing required to protect the tree root zone of Tree No.14. The project Arborist must provide tree protection zone monitoring, including recording of any modifications or alterations to tree protection zone fencing.

29. Tree Protection Barriers

Tree protection fencing must be erected around trees numbered 14 Eucalyptus cladocalyx (Sugar Gum) to be retained at a 9 metre setback. 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. Installation of fencing must be in accordance with AS 4970-2009 (1.4.4).

The Project Arborist (AQF 5) must submit to the Principal Certifying Authority a certification/statement stating that all installed tree protection measures are in accordance Council conditions and are consistent with the intentions of the Australian Standard ‘Protection of Trees on Development Sites (AS 4970-2009) prior to commencement of works.

REQUIREMENTS DURING CONSTRUCTION

30. 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 in writing by Council, due to extenuating circumstances). No work is to be undertaken on Sundays or public holidays.

31. 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

32. 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.

33. Construction Vehicles

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

34. 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.

35. Street Sweeping

Street sweeping must be undertaken following sediment tracking from the site along Cowan 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.

36. Works Near Trees

All required tree protection measures around Tree No.14 are to be maintained in good condition for the duration of the construction period.

All work within the tree protection zone (TPZ) of trees to be retained is to be undertaken under the supervision of the Project Arborist. The project Arborist is to make recommendations for maintaining tree health/condition and if necessary carry out remedial action to ensure the health and vigour of the tree in accordance with AS 4970.

37. Council Property

During construction works, no building materials, waste, machinery or related matter is to be stored on the road or footpath. The public reserve must be kept in a clean, tidy and safe condition at all times.

Note: This consent does not give right of access to the site via Council’s park or reserve. Should such access be required, separate written approval is to be obtained from Council.

38. Disturbance of Existing Site

During construction works, the existing ground levels of open space areas and natural landscape features, (including natural rock-outcrops, vegetation, soil and watercourses) must not be altered unless otherwise nominated on the approved plans.

39. Landfill

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

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.

40. 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.

41. Survey Report – Finished Floor Level

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).

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.

42. Sydney Water – s73 Certificate

An s73 Certificate must be obtained from Sydney Water.

43. Works as Executed Plan

Works-as-executed plans must be prepared by a registered surveyor and submitted to Council for completed road works, drainage, driveway, on-site detention and water quality treatment systems.

44. Creation of Easements

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

a) An inter–allotment easement(s) to drain water over each of the burdened lot.

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

c) To register the positive covenant and the restriction on the use of land, “works-as-executed” details of the on-site-detention system and water quality system must be submitted verifying that the required storage and discharge rates and water quality treatment 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 water quality treatment measures. Any variations to the approved plans must be shown in red on the “works-as-executed” plan and supported by calculations.

d) The creation of a drainage easement over private properties in accordance with Council’s Civil works Association over any stormwater pipe that is to become a part of Council pipe network with a minimum width of 3m.

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

45. Certificate of Preservation of Survey Marks

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

46. Waste Management

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

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

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

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

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

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

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

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

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

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

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

Note: Ramps between different levels are acceptable.

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

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

47. Planter Boxes / On Slab Planting

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

48. Street Tree Plantings

Planting in the front verge to Cowan Road is to include 2 x Eucalyptus haemastoma (Scribbly Gum) installed at minimum 100 litre pot size. All replacement trees must be maintained until they reach the height of 3 metres. Preparations must involve ground cultivation plus imported soils for planting, finished with mulch surrounds to base, plus hardwood staking and hessian ties for a period of establishment.

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

49. Completion of Landscaping

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

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

50. Project Arborist Certification

Final Certification – A certificate from the Project Arborist must be submitted to the Principal Certifying Authority stating compliance with the provided conditions of this consent.

51. Boundary Fencing

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

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

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

52. 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.

53. Acoustic Environment

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

54. Unit/Allotment Numbering

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

OPERATIONAL CONDITIONS

55. Traffic and Road Safety

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

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

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

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

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

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

56. Storage Areas

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

57. Safety and Security

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

58. 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.

59. 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.

60. 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.

61. 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.

62. Waste Management

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

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

63. Landscape Establishment

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

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. Maintenance of Wastewater Device

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

66. Fire Safety Statement - Annual

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

CONDITIONS OF CONCURRENCE – ROADS AND MARITIME SERVICES

67. 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 Roads and Maritime requirements. Details of these requirements should be obtained from Roads and Maritime Services, Manager Developer Works, Statewide Delivery, Parramatta (telephone 8849 2138).

Detailed design plans of the proposed gutter crossing are to be submitted to Roads and Maritime for approval prior to the issue of a Construction Certificate and 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.

68. A construction zone will not be permitted on Pacific Highway.

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

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

The report and any enquiries should be forwarded to:

Project Engineer, External Works

Sydney Asset Management

Roads and Maritime Services

PO Box 973 Parramatta CBD 2124

Telephone 8849 2114

Fax 8849 2766

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

70. Detailed design plans and hydraulic calculations of any changes to the stormwater drainage system are to be submitted to Rods and Maritime for approval, prior to the commencement of any works.

Details should be forwarded to:

Sydney Asset Management

Roads and Maritime Services

PO Box 973 Parramatta CBD 2124

A plan checking fee will be payable and a performance bond may be required before Roads and Maritime approval is issued. With regard to the civil works requirement please contact the Roads and Maritime Project Engineer, External Works Ph: 8849 2114 or Fax 8849 2766.

71. The layout of the proposed car parking areas associated with the subject development (including, driveways, grades, turn paths, sight distance, 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.

- END OF CONDITIONS -

ADVISORY NOTES

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

Environmental Planning and Assessment Act 1979 Requirements

The Environmental Planning and Assessment Act 1979 requires:

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

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

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

· Mandatory inspections of nominated stages of the construction inspected.

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

Long Service Levy

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

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

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

Tree and Vegetation Preservation

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

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

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

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

Disability Discrimination Act

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

Dial Before You Dig

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

Telecommunications Act 1997 (Commonwealth)

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

Asbestos Warning

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

www.environment.nsw.gov.au

www.nsw.gov.au/fibro

www.adfa.org.au

www.workcover.nsw.gov.au

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

Group Manager’s Report No. PL41/15

Planning Division

Date of Meeting: 9/09/2015

12 DEVELOPMENT APPLICATION - RESIDENTIAL FLAT BUILDING COMPRISING 37 UNITS - 15 AND 17 FOREST GROVE, EPPING

EXECUTIVE SUMMARY

DA No:	DA/346/2015 (Lodged on 1 April 2015)
Description:	Demolition of existing structures and construction of a 5 storey residential flat building containing 8 x 1 bedroom, 25 x 2 bedroom and 4 x 3 bedroom units above two basement parking levels.
Property:	Lot 6 and Lot 7, DP 11533, (Nos. 15 – 17) Forest Grove, Epping
Applicant:	Whole Sun Constructions Pty Ltd
Owner:	Ms P L Ong and Mr X P Zhang Ms F Zhang
Estimated Value:	$8,300,000
Ward:	C

· The application proposes demolition of the existing dwelling houses and other site improvements and construction of a 5 storey residential flat building containing 8 x 1 bedroom, 25 x 2 bedroom and 4 x 3 bedroom units above two basement parking levels.

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

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

· It is recommended that the application be approved, subject to conditions of consent.

RECOMMENDATION

THAT Development Application No. DA/346/2015 for demolition of existing structures and the construction of a five storey residential flat building comprising 37 units with basement car parking at Lot 6 and Lot 7, DP 11533, Nos. 15-17 Forest Grove, Epping be approved subject to the conditions of consent detailed in Schedule 1 of Group Manager’s Report No. PL41/15.

BACKGROUND

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

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

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

A pre-lodgement meeting was held between Council officers and the applicant to discuss the design, prior to lodgement of the application. At the meeting, design concerns were raised by Council staff in terms of building form, building separation, waste management, on-site detention and setbacks.

On 1 April 2015, Development Application No. 346/2015 was lodged for the demolition of the existing dwelling houses and associated structures and construction of a five storey residential flat building comprising thirty seven units above basement parking.

On 22 May 2015, Council raised a number of planning concerns with respect to the application. On 19 June 2015, a meeting to discuss the concerns was held.

On 7 August 2015, the applicant forwarded a final set of amended plans addressing the matters raised by Council.

SITE

The site is located on the eastern side of Forest Grove and south of Epping Road. The site has an area of 1720.2 square metres, a 37.765 metre frontage to Forest Grove, and an average depth of 61.052 metres. The site comprises two allotments being one rectangular shaped lot (No. 15) and one irregular shaped (No. 17). The site slopes away from the north boundary. The site is located directly opposite Forest Park.

Existing improvements on the allotments include two dwelling-houses with their respective outbuildings. Vehicular access to the sites is via existing driveways from Forest Grove.

The site contains a number of exotic, native and local indigenous trees.

The site forms part of a precinct which is undergoing redevelopment. Development consents have been granted for five storey residential flat buildings at Nos. 9-11 Forest Grove (DA/963/2014), at No. 1 Forest Grove (DA/1606/2014) and at Nos. 27, 29 and 31 Forest Grove (DA/153/2015).

The surrounding developments currently include predominately single storey residential dwellings. The development site adjoins land to the east that is zoned R2 - Low Density Residential. The property is located in the vicinity of heritage-listed Forest Park (to the west of site) and the Essex Street Heritage Conservation Area (HCA) to the east of the site.

The site is located approximately 400 metres from Epping Railway Station and approximately 550 metres to the south-east of Epping commercial town centre.

PROPOSAL

It is proposed to demolish the existing structures and construct a five storey residential flat building comprising thirty-seven units with two levels of basement car parking and associated landscaping works.

The unit mix is 8 x 1 bedroom units, 25 x 2 bedrooms units, and 4 x 3 bedrooms.

The units would be accessed via a lift centrally located in the building and would include balconies fronting the property boundaries. The development would be accessed from Forest Grove via a driveway located towards the south-western boundary of the site. Pedestrian access to the development from Forest Grove is positioned in the centre of the site.

A total of 43 car parking spaces, including 6 visitors’ parking spaces are proposed in two basement levels.

The site would drain to a detention tank at the rear of the building and then to a second detention tank adjacent to the southern side of the building, and thereafter to the west towards Council’s stormwater drainage pipeline.

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 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 proposed development would be consistent with A Plan for Growing Sydney, by providing 37 additional dwellings and would contribute to housing choice in the locality.

2. STATUTORY CONTROLS

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

2.1 Hornsby Local Environmental Plan 2013

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

2.1.1 Zoning of Land and Permissibility

The subject land is zoned R4 (High Density Residential) under the HLEP. The objectives of the zone are as follows:

(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 and is permissible in the zone with Council’s consent.

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

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 development site is located in the vicinity of heritage listed Forest Park (west) and the Essex Street Heritage Conservation Area (HCA) (east) under Schedule 5 (Environmental Heritage) of the HLEP.

The proposed development would not have any negative impact on the heritage significance of the HCA given its separation and setbacks from the heritage items and conservation area. The views to, and from within, the HCA would not be adversely affected. However, it is acknowledged that the visual setting will be altered to varying degrees as the western HCA backdrop will be one of medium rise buildings visible above the HCA’s low density housing.

The rear eastern elevation which is orientated to the HCA has stepped wall lengths. The original submitted plans indicated areas of light brick and render. The initial assessment identified the proposed materials as a matter requiring further consideration. The proposed materials and colours have been amended to include a greater mix of dark brick and rendered walls, and will be more visually recessive to the conservation area than the original submission. The amended materials and colours now meet the objective of providing a satisfactory visual interface with the HCA.

The subject site is also located opposite the heritage listed park (Forest Park), however it is unlikely to adversely impact on the heritage significance of Forest Park.

In summary, the proposed five storey high residential flat building will have a visual impact on the western backdrop to the Essex Street HCA. The impact would be reduced by appropriate tree planting at the rear of the site and the provision of a greater mix of dark brick material on the eastern elevation as proposed. A condition is recommended requiring suitable screen planting.

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 subject works on adjoining properties, drainage patterns and soil stability of the locality. The proposal is satisfactory subject to conditions regarding submission of a ‘Dilapidation Report’ assessing the impact of the excavation on the adjoining properties and the implementation of appropriate measures to prevent sediment run-off, excessive dust, noise and the like emanating from the site during the construction of the development.

2.2 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.

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

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

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

2.4 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.

2.5 State Environmental Planning Policy No. 65 – Design Quality of Residential Flat Development (SEPP 65)

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

SEPP 65 was amended on 19 June 2015 (Amendment No. 3) 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 SEPP 65 is required to be considered.

2.5.1 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 in close proximity to Epping Railway Station and the Epping Commercial Town Centre in a precinct that has been planned to accommodate five storey residential flat buildings. The applicant’s ‘Design Verification Statement’ indicates that the proposal responds to the desired future character of the precinct as envisaged by Council. Once the development of the precinct is completed, the proposal would integrate with the surrounding sites and would be in keeping with the future urban form. It is considered that the proposed building would contribute to the identity and future character of the precinct. The development responds suitably to the “context” principle of SEPP 65, considering the desired future character of the area.
2. SCALE	Yes
Comment: The scale of the development is in accordance with the height and setbacks controls for the precinct specified under Part 3.4 of the HDCP, being the applicable planning controls at the time the application was submitted. The building length along its east-west axis varies between 31 and 38 metres, which does not comply with the maximum floor-plate dimension of 35 metres specified in the HDCP. However, the building bulk along the north and south elevations (to which longer axis reflects) has been minimised. The proposed articulation of the building and use of wrap-around balconies to soften the corners of the building ensures the scale of the building is appropriate. The length of the building relates to the length of the lots. The design provides proportional and compliant setbacks along all boundaries of the development. The development would achieve a scale consistent with the desired future precinct character being one of residential flat buildings in landscaped settings with underground car parking.
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 positively contribute to the character of the desired future streetscape and includes articulation to minimise the perceived scale. The proposed materials and finishes would add to the visual interest of the development. Flat roof forms have been adopted, with an increased top storey setback incorporated into the external facades to minimise bulk and height of the building as required by the HDCP.
4. DENSITY	Yes
Comment: There is no floor space ratio control applying to the site. The density of the development is governed by the HLEP’s height control and the required setbacks in the HDCP. The development complies with the density controls. These density controls, set in consultation with the local community, means that the development of the site adequately responds to the regional context, availability of infrastructure, public transport, community facilities and environmental quality of the area.
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 a 7m x 7m deep soil landscaped area at the rear of the building. The proposal has been designed to facilitate the retention of 3 significant trees, two of these being on the street frontage and the third centrally located in the rear yard of the property. Large trees are proposed along the street frontages interspersed with shrubs and hedges which would soften the appearance of the development when viewed from the street. 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. The proposed development meets the intent of the “Landscape” principle of SEPP 65.
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. The proposed development meets the intent of the “Amenity” principle of SEPP 65.
8. SAFETY AND SECURITY	Yes
Comment: The design orientates the balconies and windows of individual apartments towards the street, rear and side boundaries, providing passive surveillance of the public domain and communal open space areas. Both the pedestrian and vehicular entry points are secured and visibly prominent from Forest Grove. 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 (CPTED) principles 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.
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 meeting the minimum component of adaptable housing and minimum mix of 1, 2 and 3 bedroom dwellings. The site is located in close proximity to Epping railway station and shops. The proposal therefore responds to the social context in terms of providing a range of dwelling sizes with good access to social facilities and services.
10. AESTHETICS	Yes
Comment: The architectural treatment of the building incorporates indentations and projections in the exterior walls with balcony projections to articulate the facades. The roof is flat or low pitched to minimise building height and incorporates eaves which would cast shadows across the top storey wall. The articulation of the building, composition of building elements, textures, materials and colours would achieve a built form generally consistent with the design principles contained within the Residential Flat Design Code and the HDCP. The details of the assessment of the built form and the aesthetics of the development are contained in Section 2.10 of this report.

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

SEPP 65 requires consideration of the Residential Flat Design Code, NSW Planning Department 2002 (the ‘Code’). 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	37%	25%	Yes
Communal Open Space	34%	25-30%	Yes
Ground Level Private Open Space	Unit 1 – 15.57m²with a min dimension of 2m Unit 2 – 18.18m²with a min dimension of 3m Unit 3 – 18.18m²with a min dimension of 3m Unit 4 – 22.89m²with a min dimension of 2m Unit 5 – 10.01m²with a min dimension of 2.5m Unit 6 – 12.25m²with a min dimension of 2.5m Unit 7 – 12.44m²with a min dimension of 2m Unit 8 – 14.25m²with a min dimension of 3m	Minimum area 25m² Minimum dimension 4m	No No
Minimum Dwelling Size	1 br – 50.06m²-53.23m² 2 br – 71.23m²- 83.64m² 3 br –99.8m²-111.98m²	1 br – 50m² 2 br – 70m² 3 br – 95m²	Yes Yes Yes
Maximum Kitchen Distance	8.8m (Units 4,9,12, 21 and 22) 8.5m (Units 16,17,20,24 and 31)	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)	1 bed - 6m³ (Min) 2 bed - 8m³(Min) 3 bed - 10m³ (Min) 50% accessible from the apartments	Yes
Dual Aspect and Cross Ventilation	78%	60%	Yes
Adaptable Housing	30%	10%	Yes

As detailed in the above table, the proposed development complies with most of the prescriptive measures within the Code. 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 Code encourages separate entries for ground floor apartments and private garden areas at the ground floor area.

The proposed ground floor unit open spaces include balconies/courtyards contained within the building’s footprint. These areas do not meet the prescriptive measures under the Code, however the unit open space areas are considered appropriate for the respective ground floor units in respect to dwelling size, aspect, function, unit configuration and amenity. The non-compliance with the best practice of 25 square metre open space area with a minimum dimension of 4 metres is considered acceptable as larger open space areas, if they were provided, would be lost to private use and not contribute as effectively to achieving the HDCP’s key principle for five storey residential flat buildings to be in garden settings. The units however comply with the HDCP’s minimum requirements for private open space areas, and the overall private open space provision is considered satisfactory.

In addition the adaptable dwellings benefit from convenient access via continuous paths of travel and lifts to common outdoor open space areas. It is considered that the design of the proposed ground floor units is satisfactory in meeting the objectives of the Code.

2.6.2 Maximum Kitchen Distance

The Code requires that the back of a kitchen should be no greater than 8 metres from a window. Of the 37 units proposed, 10 units contain kitchens where the back wall is up to 8.8 metres from a window. However, these units offer an open layout with natural ventilation and, accordingly, the minor non-compliance is acceptable with respect to residential amenity.

2.6.3 Apartment Layout

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

The Code requires that not more than 10% of apartments (being 4 units) be south facing. The proposal is generally compliant with this requirement. The application provides four units, being Units 6, 14, 22 and 30, with a south facing aspect. The issue is acceptable as the overall proportion of floor space with a southern orientation has been minimised.

All units comply with the minimum floor area requirements of the Code.

The proposed apartment layouts satisfy the Code 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 Code and is acceptable.

2.6.4 Internal Circulation

The proposed development includes access to all floors via a lift. The internal corridors meet the Code’s requirements for the maximum number of units accessed (no more than 8 on a floor). The ground floor foyer also provides direct, level access to communal open space at the eastern side (rear) of the site.

The proposal is acceptable with the requirements of the Code in respect to internal circulation.

2.6.5 Acoustic Privacy

As the site fronts Forest Grove, which is a local road, an acoustic report was not required to be provided. However, consent conditions would require that all noise generated by the proposed development be attenuated to prevent levels of noise emitted to adjacent premises exceeding background noise levels by more than more 5 dB(A).

The proposal is overall consistent with the Code for acoustic privacy.

2.6.6 Storage

The proposed building includes resident storage areas for the apartments, accessed from a hall or living room. In addition, storage cages are indicated in the basement. 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.

2.6.7 Summary

In summary, the proposed residential flat buildings have been designed in accordance with the design principles of SEPP 65 and generally comply with 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.

2.7 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005

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

Subject to the implementation of installation of sediment and erosion control measures and stormwater management to protect water quality, the proposal would have minimal potential to impact on the Sydney Harbour Catchment.

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

Clause 74BA of the Act 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.

2.9 Hornsby Development Control Plan 2013 (HDCP)

The proposed development has been assessed having regard to the relevant desired outcomes and prescriptive requirements within the 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	29.8m 37m Frontage	Min 30m	No
Height	5 storeys + Mezzanine – 17.5m	Max 5 storeys /17.5m	Yes
Lowest Residential Floor Above Ground	0m	Max 1.5m	Yes
Floorplate Dimension	N-S – 27m E-W - 37m	Max 35m Max 35m	Yes No
Building Indentation	N (side) 37m S (side) 34m E (rear) 21m W (Forest Grove) 22m	4m x 4m 4m x 4m Not required Not required	Yes Yes Yes Yes
Height of Basement Above Ground	0m	Max 1m	Yes
Front Setback (Forest Grove) (width of 22m)	6.5m ->10m	10m Min 8m <1/3^rdof building width being 7.3m Min 7m (balconies)	No
Eastern Rear Setback (width of 21m)	10m 8m for <6m	Min 10m Min 8m <1/3^rd of frontage being 10.2m Min 7m (balconies)	Yes Yes Yes
Northern Side Setback (width of 37m)	6m 4m for 13m 5m (balconies)	Min 6m Min 4m <1/3^rd building length being 12.3m Min 4m balconies	Yes No Yes
Southern Side Setback (width of 34m)	6m 4m for 13m	Min 6m Min 4m for no more than 1/3^rd of the building length (i.e. 11.3m) Min 4m for balconies	Yes Yes, if measured to centreline of pathway adjoining. Yes
Top Storey Setback from Ground Floor	3m except for 2m on southern elevation at Forest Grove	Min 3m	No
Underground Parking Setback	6-18m (front) 6.5-9.8m (rear) 4m (north-side) 3.5m (south-side)	Min 7m (front) Min 7m (rear) 4m (side) 4m (side)	No No Yes Yes, if measured to centreline of pathway adjoining.
Basement Ramp Setback	1.5m	Min 2m	Yes, if measured to centreline of pathway adjoining.
Deep Soil Landscaped Areas	6-18m (front) 6.5-9.8m (rear) 4m (north-side) 3.5m (south-side)	Min 7m (front) Min 7m (rear) 4m (side) 4m (side)	No No Yes Yes, if measured to centreline of pathway adjoining
Private Open Space	1 br units - >10m² 2 br units – >12m² 3 br units - >16m²	Min 10m² Min 12m² Min 16m²	Yes Yes Yes
Communal Open Space with Minimum Dimensions 4m	>25%	Min 25%	Yes
Parking	37 resident spaces 6 visitor spaces 11 bicycle racks 1 motorbike space	37 resident spaces 6 visitor spaces 11 bicycle racks 1 motorbike space	Yes Yes Yes Yes
Solar Access	89%	Min 70%	Yes
Housing Choice	21% - 1 Bed 67% - 2 Bed 12% - 3 Bed	Min 10% of each type	Yes
Adaptable Units	30%	Min 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.

2.9.1 Desired Future Character

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

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

2.9.2 Site Requirements

The HDCP requires sites to have a minimum width of 30m. The subject site has an irregular frontage with an overall dimension of 37m. The width of the consolidated site is 29.8m. However, the proposal is satisfactory for the following reasons:

The extent of the variation is minor (200mm) and has no impact upon the ability to provide sufficient setbacks and accommodate vehicle manoeuvring within the site.

The proposal amalgamates two sites. Further amalgamation is limited by the approval of DA/963/2014 (Nos 9-11 Forest Grove) adjoining the northern boundary and the pathway adjoining the site to the south.

The proposal would not result in an isolated site as the two properties south of the pathway at Nos 19-21 Forest Grove would form a consolidated site.

The proposal is therefore satisfactory in respect to the HDCP site requirements.

2.9.3 Floor-Plates

The proposed building footprint has a maximum length of 37 metres along the northern and southern elevations, which does not comply with the maximum floor-plate of 35 metres prescribed within the HDCP.

The proposal however, incorporates a 4 metre by 4 metre building indentation on each of these elevations to achieve the appearance of two separate building pavilions. The development includes sufficient articulation, varied use of materials and wrap-around balconies to ‘break-up’ the perceived bulk and scale of the building. The building has adequate setbacks from Forest Grove and the rear low density interface. The proposal presents sufficient deep-soil areas to ensure the establishment of canopy trees, which will soften the presentation of the building. The development achieves a scale consistent with the desired character of the precinct of residential flat buildings in landscaped settings with underground car parking facility in accordance with the desired outcomes of the HDCP.

Accordingly, the development’s proposed floor-plate is satisfactory.

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

Minor variations are sought to the required setbacks for the proposed development. The development complies with the required rear setbacks. The areas of non-compliance are addressed as follows:

Front Setback Forest Grove

The subject site has an irregular boundary to Forest Grove. The building has been located on a consistent setback with the recently approved development to the north. As a result of the angle of the front boundary relative to the side boundaries there is a minor encroachment, however the remainder of the building is then located on a greater setback.

The fire stair access from the basement was originally proposed on a lesser setback. Amended plans show the relocation of the stair access adjacent to the building.

The setbacks are considered an acceptable approach for transition of setbacks of development along Forest Grove relative to the street alignment.

Northern Side Setback

The development complies with the intent of the provisions, the extent of the non-compliance being an additional 70mm of the 1/3 of the building located on the minimum setback. The building provides for appropriate indentations and articulation such that this minor variation is acceptable and will not impact on resident amenity.

Southern Side Setback

The site is adjoined by a pathway to the south. For the purposes of determining setbacks, the centre line of the pathway has been adopted as the pathway will form part of the building separation to the development to the south. The proposal complies when setbacks are measured to the centreline of the pathway.

Top Storey Setback

The building generally incorporates a 3m building setback for the top storey on all sides. However, there is a small non-compliance to 2m on the Forest Grove frontage. This portion of the building is located on the greatest setback to Forest Grove and in combination with the proposed architectural form is unlikely to have any adverse impacts and would not detrimentally impact upon the visual amenity of the streetscape and adjoining development. Additionally, the building design provides appropriate building indentations on the front and rear elevations, a balanced juxtaposition of horizontal and vertical elements, a variety of materials, and wrap-around balconies. The overall building is considered to be well articulated. In this regard, the minor variation to the top storey setback is considered acceptable.

Basement Parking Setback

There are minor intrusions on the required setbacks. The variations are largely the result of the irregular front boundary and the angle of the rear boundary relative to the side boundaries. The non-compliance is considered acceptable as the greater than minimum setbacks are provided offsetting the minor non-compliances. It is considered that the development achieves a scale consistent with the desired character of the precinct of residential flat buildings in landscaped settings with underground car parking facility in accordance with the desired outcomes of the HDCP.

2.9.6 Built Form and Separation

The Code and HDCP require a building separation of 12 metres between unscreened habitable areas or balconies increasing to 18 metres from the fifth level.

The proposed residential flat building’s northern elevation would face approved residential flat building at 9-11 Forest Grove (DA/963/2014). The elevation provides for wrap-around balconies serving corner units, and 4 to 6 metre side setbacks which is consistent the intent of the with the minimum separation requirements to the boundary.

To the south, the subject site is adjoined by the public pathway. The side boundary setbacks are met when measured to the centre line of the pathway.

The proposal would meet the HDCP desired outcome for built form and separation.

2.9.7 Landscaping

The landscaping provisions for the HDCP prescribe that a 7 metre wide landscaped area be provided in both the front and rear setbacks, and a 4 metre side landscaped area be provided along the side boundaries. As a result of the irregular boundaries there is a minor variation to the prescribed setbacks, however the design of the basement generally achieves the objective to provide for deep soil planting to the perimeters of the site.

A total of 37%, equivalent to 636 square metres, of the development site comprises landscaping and communal open spaces. Tree planting (endemic canopy trees as indicated in the conceptual landscape plan) is provided within each setback to contribute to the quality of the streetscape and reduce the apparent bulk and scale of the development.

The setbacks include deep soil planting of a variety of medium to large sized native trees and shrubs to provide privacy and screen walls.

The fire stair access from the basement level has been relocated to reduce the intrusion of the built form into the landscaped front setback. The extent of hard paved areas proposed are considered to be appropriate, as reasonable provision has been made for deep soil areas to accommodate, retaining some of the trees and achieve landscape settings.

Due to the fall of the site from the north to south across the width of the site, excavation of the northern portion of the site is proposed. The greatest excavation being proposed is in the rear northern corner of the building. To reduce the amount of excavation would increase the height at the southern elevation, which is located at natural ground level and would result in non-compliance with the height control. The amenity of the units located adjacent to the excavation is reasonable given the northerly aspect afforded and acceptable balanced against the increase in height and change from natural ground levels that would occur on the southern side of the building if there was a lesser excavation.

Primary access to communal open space is facilitated via a corridor at the southern elevation. The communal open space complies with the HDCP requirements for minimum dimensions and is embellished to support use and interaction within the space.

The on-site detention system for the development is located in a southern side setback area and rear setback of the building, with 300 millimetres soil for planting above it, restricting planting above. The tank has been located in an appropriate location considering the slope of the site, location of Council’s stormwater inlet pit on Forest Grove, and the relevant engineering requirements.

Landscaping also provides screening to the private open space areas that front the common open space to the rear. The proposal is considered acceptable in terms of the landscaping element of the HDCP subject to recommended conditions.

2.9.8 Open Space

The proposed communal open space areas comply with the prescriptive area of at least 50 square metres with a minimum dimension of 4 metres. The communal areas are to be provided at the rear of the site. The communal areas would receive at least 2 hours of sunlight between 9 am to 3 pm during mid-winter. The areas would be accessed from the foyer via an entry door centrally located on the southern side of the building, which would provide convenient access from all units.

The proposed communal open space areas are likely to provide for a range of outdoor activities and encourage active living.

In addition, passive surveillance from rear facing balconies is likely to result in high visibility of these areas. All units would achieve the minimum private open space area requirements of 10 square metres for 1 bedroom units, 12 square metres for 2 bedroom units and 16 square metres for 3 bedroom units.

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

2.9.9 Privacy and Security

Wrap-around balconies are proposed on the side boundaries with movable privacy louvers to maintain privacy and visual amenity. The ground floor private open space areas fronting the communal open spaces would be suitably screened by a 1 metre high fence and landscaping.

Concerns have been raised regarding visual and privacy impacts from the eastern elevation of the proposed building to the low density residential interface. Upper floor units would result in overlooking of the adjoining low density residential development to the east. However, the proposal is consistent with the objectives of the zone and is acceptable with regard to compliance with the HDCP for built form and setbacks. Mitigation measures to safeguard the privacy of adjoining residents that could be implemented via conditions of consent include obscure glassing on balconies, installation of stackable privacy screens, and suitable screen landscaping and fencing along the eastern section of the development.

In terms of security, the proposal provides a safe, clear and direct pedestrian entrance to the foyer of the building from Forest Grove. Passive surveillance is achieved by the orientation of private open space and living room windows of units being to the street and to the rear communal open space. The applicant has prepared a Crime Prevention through Environmental Design Assessment, which was referred to Ryde Local Police Area Command for review. The Police raised no objections to the proposal, subject to conditions to reduce criminal activity within the community and the property.

2.9.10 Sunlight and Ventilation

The development generally complies with the height and setback controls. Diagrams have been submitted demonstrating compliance of individual units with solar access requirements. As the site is located within a redevelopment precinct, the solar access analysis accounted for the overshadowing impacts from future five storey development on adjoining sites, 89% of the units would receive a minimum 2 hours solar access between 9 am and 3 pm on the mid-winter day, where the minimum requirement is 70%.

The proposal also complies with the requirement for at least 60% of dwellings to have dual aspect and natural cross ventilation.

The extent of overshadowing likely to occur would generally be consistent with that expected within the redevelopment precinct.

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. Eleven (30%) are designed as adaptable units which complies with the requirement of both the HDCP and Code.

2.9.12 Vehicular Access and Parking

The proposal provides 37 resident car parking spaces, 6 visitor car spaces, 11 bicycle racks and 1 motorbike space. This meets the requirements of the HDCP for developments located within 800 metres of a railway station.

The proposed basement car park is over two levels, accessed via a 6 metre wide driveway from Forest Grove. All driveway widths, gradients and aisle widths have been assessed as satisfactory. There is sufficient area within the basements to accommodate storage areas. Vehicular access and parking complies with the prescriptive measures of HDCP.

2.9.13 Key Development Principles

The proposal is within the Epping Road / Forest Grove, Epping Precinct. The key principle is for the redevelopment of the precinct to incorporate five storey residential flat buildings in garden settings with parking in basements. The development will provide for a landscaped setting and a built form that is consistent with the desired outcome for the Epping Road / Forest Grove, Epping Precinct.

2.9.14 Waste Management

The proposal includes a waste management plan with details of waste management during the construction stage and use and on-going management of waste. However, further details are required prior to the issue of a Construction Certificate as addressed by a condition in Schedule 1 of this report. The site will require four of 660 Litre garbage bins serviced twice weekly, plus eight of 240 Litre recycling bins serviced weekly, plus one - 660 Litre paper/cardboard bins serviced weekly. Each residential level is provided with a garbage bin (instead of a chute) and recycling bin in a cupboard. There is sufficient space within the basement to store the required garbage bins, recycling bins, a bin lifter and bin carting equipment. Additionally a bulky waste storage area has been provided next to the bin room. A waste collection point is provided next to the driveway. A SRV waste collection vehicle would be able to reverse into the site and forward out, with parking on the driveway.

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

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 35 residential dwellings in lieu of the 2 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

Five trees are considered in the Arborist’s report submitted with the application, three of which are located within the adjacent footpath. Trees 2 and 4 being a NSW Christmas Bush and Kings Park Bottlebrush are to be removed as they will be directly impacted upon by building works. The proposed development does not include the removal of any significant trees. Measures are proposed to protect Trees 1 and 5 during building works. Tree 3 is located within the adjacent footpath and building works will not result in any impacts to this tree.

Subject to conditions requiring replanting of trees, the proposal would provide adequate tree canopy areas as required within the precinct.

3.1.2 Stormwater Management

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

3.2 Built Environment

3.2.1 Built Form

The previous sections of this report have described the development’s built form and its compliance with the relevant planning controls.

The proposed built form, despite some minor non-compliance with controls, is considered acceptable.

3.2.2 Traffic

Concerns have been raised regarding traffic generation. A traffic and parking assessment has been submitted with the proposal. The estimated traffic generation of the existing site and proposed development has been determined using Roads and Maritime Services traffic generation rates contained in the Guide to Traffic Generating Developments – Technical Direction TDT 2013-04 (May 2013). The net traffic generation of the proposed development is estimated to be 9 vehicle trips in peak periods.

Although this additional traffic may appear to be negligible when compared with the traffic volumes on the adjacent road network for this development alone, the cumulative traffic impacts of all sites earmarked for redevelopment in the precinct will be significant. The cumulative impact has been considered in the strategic transport model for Epping Town Centre Urban Activation Precinct (ETCUAP). The NSW Government has committed over $16 million in funds to address regional traffic growth to assist traffic flows. Planned works include realignment of the Essex Street / Epping Road intersection and widening of the bridge over the railway line.

3.3 Social Impacts

The residential development would improve housing choice in the locality by providing a range of dwelling types. The location of the development is in close proximity to Epping Railway Station and shops allowing direct access to retail facilities and transportation. It is considered that the development would result in a net positive social impact on the locality.

3.4 Economic Impacts

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

4. SITE SUITABILITY

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

The subject site is zoned for five storey apartment buildings and the proposal involves the erection of a five storey apartment building. The site is not identified as bushfire prone, flood prone or bushland.

The scale of the proposed development is consistent with the capability of the site and is considered satisfactory.

5. PUBLIC PARTICIPATION

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

5.1 Community Consultation

The proposed development was placed on public exhibition and was notified to adjoining and nearby landowners between 14 April and 29 April 2015 in accordance with the Notification and Exhibition requirements of the HDCP. During this period Council received 3 submissions. The map below illustrates the location of those nearby landowners who made a submission that are in close proximity to the development site.

NOTIFICATION PLAN

• PROPERTIES NOTIFIED

X SUBMISSIONS

RECEIVED

PROPERTY SUBJECT OF DEVELOPMENT

Three public submissions objected to the development on the following grounds:

· Number of properties notified;

· Unacceptable traffic on local streets;

· Inadequate car parking;

· Safety of pedestrians using pathway;

· Cumulative impact of recent development applications;

· Heritage conservation;

· Building height;

· Rear setback does not comply with the HDCP;

· Impact of excavation on adjoining buildings;

· Establishment of tree canopy to screen building from adjoining heritage conservation area;

· Unacceptable loss of privacy of adjoining residents; and

· Impact upon existing infrastructure.

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 Extent of Notification

The application was notified in accordance with the provisions of HDCP and a notice advising of the development was erected on the site. All relevant procedures for the notification of the application were satisfied.

5.1.2 Heritage Conservation

The proposal is consistent with the objectives of Council’s HDCP regarding heritage. At is meeting on 8 October 2014, Council considered Group Manager’s Report No PL72/14 concerning submissions received to the exhibition of the draft Epping Town Centre amendments to the HDCP. Council resolved (in part) to review the heritage significance of the Essex Street and Rosebank Avenue Heritage Conservation Areas in a future stage of Council’s Heritage Review to follow development of the adjacent five storey residential precincts.

5.1.3 Safety of Pedestrians Using Pathway

The redevelopment of the area with residential flat buildings will increase the use of the pathway and enable casual surveillance of the pathway.

5.1.4 Impact Upon Existing Infrastructure

The proposed development is capable of being provided with standard urban services. The proposed means of stormwater disposal is appropriate. As discussed above, the additional traffic generated is minimal, but when considered in the context of the extent of development occurring within the precinct results in the need for improvement works which are proposed to be undertaken. Similarly, the increase in demand for services provided by Council will be met by the development making reasonable section 94 contributions under Council’s contributions plan.

5.1.5 Impact of Excavation on Adjoining Buildings

A condition is recommended for the submission of a ‘Dilapidation Report’ prepared by a qualified structural engineer detailing the condition of all adjoining properties to the rear of the subject site prior to the issue of a Construction Certificate.

In addition, a condition will be imposed for the protection of adjoining areas by temporary hoarding, fence or awning erected between the work site and adjoining lands before works begin and to be kept in place until the completion of works.

6. THE PUBLIC INTEREST

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

CONCLUSION

The application seeks approval for the demolition of existing structures and construction of a five storey residential flat building comprising 37 units and basement car parking.

The proposed development is generally in accordance with the design principles of SEPP 65 and the Residential Flat Design Code. The proposal complies with HLEP and generally meets the HDCP desired outcomes for five storey residential flat development within the Epping Road / Forest Grove, Epping Precinct. The minor non-compliances with the prescriptive controls for frontage, setbacks and floor-plate, are considered acceptable.

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

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

The application is recommended for approval.

RESPONSIBLE OFFICER

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

ROD PICKLES

Manager - Development Assessment

Planning Division

JAMES FARRINGTON

Group Manager

Planning Division

Attachments:

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

File Reference: DA/346/2015

Document Number: D05507897

SCHEDULE 1

GENERAL CONDITIONS

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

1. Approved Plans and Supporting Documentation

Plan No.	Plan Title	Drawn by	Dated
6453	Survey Plan	SDG	31 Oct 2014
8380 DA: C 00 Issue C	Cover Sheet	Zhinar Architects	August 2015
8380 DA: C 03 Issue C	Basement 2 Plan	Zhinar Architects	August 2015
8380 DA: C 04 Issue C	Basement 1 Plan	Zhinar Architects	August 2015
8380 DA: C 05 Issue C	Ground Floor Plan	Zhinar Architects	August 2015
8380 DA: C 06 Issue C	First Floor Plan	Zhinar Architects	August 2015
8380 DA: C 07 Issue C	Second Floor Plan	Zhinar Architects	August 2015
8380 DA: C 08 Issue C	Third Floor Plan	Zhinar Architects	August 2015
8380 DA: C 09 Issue C	Fourth Floor Plan	Zhinar Architects	August 2015
8380 DA: C 10 Issue C	Fourth (Upper) Floor Plan	Zhinar Architects	August 2015
8380 DA: C 11 Issue C	Roof Plan	Zhinar Architects	August 2015
8380 DA: C 12 Issue C	Section 1	Zhinar Architects	August 2015
8380 DA: C 13 Issue C	Section 2	Zhinar Architects	August 2015
8380 DA: C 14 Issue C	Elevations – East and North	Zhinar Architects	August 2015
8380 DA: C 15 Issue C	Elevations – West and South	Zhinar Architects	August 2015
8380 DA: C 16 Issue C	Street Elevation	Zhinar Architects	August 2015
8380 DA: C 17 Issue C	N & E Materials Schedule	Zhinar Architects	August 2015
8380 DA: C 18 Issue C	S & W Materials Schedule	Zhinar Architects	August 2015

Document Title	Prepared by	Dated
Statement of Environmental Effects	Caladines Town Planning P/L	April 2015
Traffic and Parking Report	Varga Traffic Planning	17 March 2015
Arboricultural Impact Assessment	Redgum Horticultural	2 Dec 2014
Accessibility	Certified	24 Mar 2015
BASIX (Document No 618560M)	Building Sustainability	24 Mar 2015
Landscape Plan 15/1776 Sheets 1 and 2	Paul Scrivener Landscape Architect	27 Mar 2015
SEPP 65 Certification	Zhinar Architects	Mar 2015
Acoustic Assessment	Acoustic Logic	10 Mar 2015
Survey Plan 6453	SDG	31 Oct 2014
E277287 D2 - Stormwater Management Plan – Basement Level 2	Donovan Associates	30 Mar 2015
E277287 D3 - Stormwater Management Plan – Basement Level 1	Donovan Associates	30 Mar 2015
E277287 D4 - Management Plan – Site Ground Floor	Donovan Associates	30 Mar 2015
E277287 D5 Roof Drainage Plan and Stormwater Details	Donovan Associates	30 Mar 2015
E277287 D6 OSD Details and Calculations	Donovan Associates	30 Mar 2015
E277287 D7 Upstream Catchment Analysis	Donovan Associates	30 Mar 2015
E277287 D8 Sediment Control Plan	Donovan Associates	30 Mar 2015
E277287 D9 Sediment Control Details	Donovan Associates	30 Mar 2015

2. 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.

3. 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
Roads	25,897.80
Open Space and Recreation	446,691.70
Community Facilities	62,287.95
Plan Preparation and Administration	1,850.25
TOTAL	$536,727.70

being for 8 x 1 bedroom units, 25 x 2 bedroom units, 4 x 3 bedroom units and including a credit for two existing lots.

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_DCis 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.

4. Removal of Existing Trees

This development permits the removal of 2 trees identified as Tree No. 2 and Tree No. 4 in the Arboricultural Impact Assessment prepared by Redgum Horticultural and dated 2 December 2014. 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).

REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

5. Building Code of Australia

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

6. Contract of Insurance (Residential Building Work)

7. Notification of Home Building Act, 1989 Requirements

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

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

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

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

i) The name of the owner-builder; and

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

8. Water/Electricity Utility Services

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

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

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

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

9. Dilapidation Report

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

a) No. 19 Forest Grove, Epping

b) No. 54 Essex Street, Epping

c) No. 56 Essex Street, Epping

d) No. 58 Essex Street, Epping

e) No. 60 Essex Street, Epping

f) No. 60A Essex Street, Epping

10. Adaptable Units

The details of the adaptable units Nos 2, 3, 6, 7, 8, 10, 11, 18, 19, 26 and 27 must be provided with the Construction Certificate Plans.

11. Noise Mitigation

The development must be carried out in accordance with the recommendations contained within the acoustic report submitted with the development application, titled ‘Acoustic Assessment’, prepared by Acoustic Logic and dated 10 March 2015 and the requirements of the Department of Planning’s Development Near Rail Corridors and Busy Roads – Interim Guideline and RailCorp’s Interim Guidelines for Applicants.

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

12. Stormwater Drainage

The stormwater drainage system for the development must be designed for an average recurrence interval of 20 years and be gravity drained via an on- site detention and rain water tank and the following requirements:

a) Constructed generally in accordance with Stormwater Management Plan, Drawings Nos D1-D9, Job Reference E277287, Dated 30.03.2015;

b) Connected directly to Council’s street drainage system;

c) The rate of discharge to Council gutter at any point shall not exceed the capacity of the gutter; and

d) Be designed by a chartered professional Civil/Hydraulic Engineer of the Institution of Engineers, Australia.

13. 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) storms and a maximum discharge (when full) limited to 5 years pre development rate.

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

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

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

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

14. Rain Water Tank

80% of the roof area of the development is to drain to a tank (s) that has capacity of 3,000 litres per 100m2 of the roof area of the development. The tanks(s) is to be connected to the communal water system, and to all units for toilet flushing and laundry.

15. 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.

16. Internal Driveway/Vehicular Areas

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

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

b) The driveway must be a rigid pavement.

17. Footpath

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

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

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

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

18. Road Works

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

a) The existing kerb and gutter fronting the development is to be removed and a new kerb and gutter is to be constructed.

b) The existing road pavement to be saw cut a minimum of 300 mm from the existing edge of the bitumen and reconstructed for kerb and gutter construction works.

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

d) No work is to commence within the road reserve until approval under Section 138 of the Roads Act is obtained from Hornsby Shire Council. In this regard a construction certificate application is to be submitted to Council.

19. 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.

20. Identification of Survey Infrastructure

21. 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; and

f) Pedestrian and cyclist access/safety.

22. 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.

23. 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 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.

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

24. 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.

25. 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.

26. 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.

27. 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.

28. Tree Protection Barriers

Tree protection fencing must be erected around trees numbered 1, 3 and 5 to be retained at designated metre setbacks. The tree fencing must be constructed of 1.8 metre ‘cyclone chainmesh fence’ or star pickets spaced at 2 metre intervals, connected by a continuous high-visibility barrier/hazard mesh at a height of 1 metre.

REQUIREMENTS DURING CONSTRUCTION

29. 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.

30. 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.

31. 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.

32. Street Sweeping

Street sweeping must be undertaken following sediment tracking from the site along Forest Grove 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.

33. 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.

34. Project Arborist

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

35. 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 is to be kept in a clean, tidy and safe condition at all times.

Note: This consent does not give right of access to the site via Council’s park or reserve. Should such access be required, separate written approval is to be obtained from Council.

36. Disturbance of Existing Site

37. 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.

38. Excavated Material

39. Work Zone

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

40. 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).

41. Waste Management Details

a) The identity of the person removing the waste.

b) The waste carrier vehicle registration.

c) Date and time of waste collection.

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

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

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

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

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION 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.

42. Fulfilment of BASIX Commitments

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

43. 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.

44. 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 subdivisions to consolidate allotments to the NSW Department of Lands at least 4 – 6 weeks prior to seeking an Occupation Certificate.

45. Planter Boxes / On Slab Planting

46. Planting within the Rear Setback

Including retention of the existing Eucalyptus robusta (Swamp Mahogany) tree, a minimum of 2 large trees capable of exceeding 10 metres height at maturity are required to be sited in the rear setback area. These should be selected from Councils’ indigenous species list but should not include forest giants such as Eucalyptus saligna (Blue Gum). Larger pot sizes are acceptable but a minimum 25 Litre pot size for trees is required.

47. Street Tree Plantings

The existing Callistemon shrub is to be removed and replaced with a new street tree. Planting to the front verge is to include one Lophostemon confertus (Brush Box), to be installed at minimum 100 Litre pot size and provided with staking and hessian ties for a period of establishment.

An area with a minimum 1.5 metre diameter around the base of the tree is to be cultivated and mulched. The mulch area is to be kept free of weeds and turf as part of the regular ongoing site maintenance.

48. Completion of Landscaping

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

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

49. Works as Executed Plan

Works-as-executed plans must be prepared by a registered surveyor and submitted to Council for completed footpath, road works and drainage with on-site detention and rain water tank.

50. 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 rain water tank and outlet works, within the lots in favour of Council in accordance with Council’s prescribed wording. The position of the on-site detention system and the rain water tank is 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 system and rain water tank must be submitted verifying that the required storage and discharge rates and rain water volume have been achieved. The details must show the invert levels of the on-site system together with pipe sizes and grades. Any variations to the approved plans must be shown in red on the “works-as-executed” plan and supported by calculations.

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

51. Certificate of Preservation of Survey Marks

52. Waste Management

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

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

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

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

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

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

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

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

Note: Ramps between different levels are acceptable.

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

OPERATIONAL CONDITIONS

53. 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.

54. Noise

55. Fire Safety Statement - Annual

56. Waste Management

A site caretaker must be employed and be responsible for moving bins where and when necessary, washing bins and maintaining waste storage areas, decanting the 240 L garbage bins into the 660 L garbage bins, managing the communal composting area, managing the bulky item storage area, arranging the prompt removal of dumped rubbish, and ensuring all residents and commercial tenants are informed of the use of the waste management system.

57. Car Parking and Road Safety

a) 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.

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

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

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

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

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

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

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

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

f) Eleven secure bicycle spaces are to be provided for residential bicycle parking.

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

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

58. Traffic and Road Safety

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

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

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

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

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

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

59. Installation of Privacy Devices

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

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

b) All glass balustrades must be translucent glass;

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

60. Storage Areas

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

61. Safety and Security

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

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

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

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

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

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

i) The street number of the building is to be readily identifiable from Forest Grove.

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

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

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

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

62. Works as Executed Plan

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.

64. Unit Numbering

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

65. Provision for National Broadband Network (NBN)

66. 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.

67. Boundary Fencing

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

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

68. Garbage Collection Easement

69. Waste Management

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

70. Noise

- END OF CONDITIONS -

ADVISORY NOTES

Environmental Planning and Assessment Act 1979 Requirements

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)

House Numbering

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

Group Manager’s Report No. PL67/15

Planning Division

Date of Meeting: 9/09/2015

13 DEVELOPMENT APPLICATION - RESIDENTIAL FLAT BUILDING COMPRISING 27 UNITS - 2 AND 4 MAIDA ROAD, EPPING

EXECUTIVE SUMMARY

DA No:	DA/167/2015 (Lodged 16 February 2015)
Description:	Demolition of existing structures and construction of a three storey residential flat building comprising twenty-seven units and basement car parking
Property:	Lot 2 DP 1044308 and Lot 2 DP 9693, Nos. 2 and 4 Maida Road, Epping
Applicant:	Oatlands Properties Pty Ltd
Owner:	Mr Ming-His Chen, Ms Veronica Tjhai, Mr Guo Fa Fang and Ms Li Lan Weng
Estimated Value:	$4,764,000
Ward:	C

· The application proposes demolition of existing structures and construction of a three storey residential flat building containing 27 units and basement car park.

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

· It is recommended that the application be approved as deferred commencement to enable creation of an easement for stormwater to drain to Council’s stormwater drainage system.

RECOMMENDATION

THAT Development Application No. DA/167/2015 for demolition of existing structures and construction of a three storey residential flat building comprising twenty-seven units and basement car parking at Lot 2 DP 1044308 and Lot 2 DP 9693, Nos. 2 and 4 Maida Road, Epping 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. PL67/15.

BACKGROUND

The subject land was rezoned from R2 Low Density Residential to R3 Medium Density Residential under State Environmental Planning Policy Amendment (Epping Town Centre) on 14 March 2014 which amended the Hornsby Local Environmental Plan 2013. The rezoning followed the Epping Town Centre Study and inclusion of Epping in the State Government’s Urban Activation Precincts.

The rezoning permits residential flat buildings on the subject land and a maximum building height of 12 metres. The amendments also introduced a number of heritage items and heritage conservation areas.

On 30 October 2014, a pre-lodgement (PL/146/2014) meeting was held for the demolition of existing structures and construction of a three storey residential flat building with basement car parking.

SITE

The site comprises two allotments, Nos. 2 and 4 Maida Road, Epping. The site has a total area of 1,679.5m² and is located on the south eastern corner of Maida Road and Blaxland Road, Epping. The site consists of two regular shaped areas with a combined Maida street frontage of 35.025m and depth of 50.29m.

The site experiences a fall of 5% from the front, north western corner towards the rear, southern eastern section.

Both lots contain a single storey brick dwelling house and garages.

The site adjoins low density residential development at the rear and residential flat buildings on the opposite site of Maida Road.

The site forms part of the Epping Urban Activation Precinct. The surrounding development within the rezoned precinct includes dwelling houses.

The site is located approximately 550 metres south of Epping Railway Station and Epping Town Centre.

PROPOSAL

The proposal involves the demolition of existing structures and construction of a three storey residential flat building comprising of 27 units and one level of basement car parking consisting of 32 car parking spaces, including 4 visitors’ parking spaces.

The unit mix for the development would consist of:

4 x 1 bedrooms;

20 x 2 bedrooms; and

3 x 3 bedrooms

The units would be accessed by a centrally located lift and include balconies that face the front, rear and side property boundaries.

Vehicular access and a separate pedestrian entry would be from Maida Road.

Landscaped areas are proposed along the northern, western and southern boundaries. A garbage storage room and collection area is proposed at the northern side of property, fronting Maida Road.

One tree would be required to be removed to facilitate the development.

ASSESSMENT

The development application has been assessed having regard to the ‘A Plan for Growing Sydney’, the ‘North Subregion (Draft) Subregional Strategy’ and the matters for consideration prescribed under Section 79C of the Environmental Planning and Assessment Act 1979 (the Act). The following issues have been identified for further consideration.

1. STRATEGIC CONTEXT

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

The proposed development would be consistent with ‘A Plan for Growing Sydney’, by providing 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 R3 (Medium Density Residential) under the HLEP. The objectives of the zone are:

(a) To provide for the housing needs of the community within a medium density residential environmental.

(b) To provide a variety of housing types within a medium 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” under HLEP, complies with the zone objectives 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 namely ‘Forest Park’ of local significance at No. 723X Blaxland Road, Epping under HLEP zoned RE1 Private Recreation. The site is over 180 metres south of the item. As such, the proposal would pose minimal impacts to the heritage significance of the item. Accordingly, no further assessment regarding heritage is necessary.

2.1.4 Earthworks

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

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

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

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)

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 (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 an existing and a proposed rail corridor. 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 conditions.

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

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

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 three storey residential flat buildings in close proximity to Epping Railway Station and the Epping commercial centre. The site is located at the interface of the medium density zone with the low density residential zone to the south. 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. The development maintains appropriate landscaped setbacks from the adjoining sensitive areas and incorporates additional privacy measures on the southern façade to alleviate overlooking opportunities onto the low density areas. 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 whilst respecting the character of the low density developments and the conservation area values. 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 building would appropriately contribute to the character of the desired future streetscape and includes articulation to minimise the perceived scale. The built form includes appropriate stepping down in height adjacent to the low density residential zone to the south. 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 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. The proposal would result in the removal of one indigenous species identified as Eucalyptus saligna (Sydney Blue Gum). The matter is discussed in Section 3.1 of this report. The applicant proposes to compensate the loss of vegetation by replacement planting with similar species. Large canopy trees are proposed along the rear acting as a buffer between the proposed building and the adjoining low density areas. Medium canopy trees are proposed along 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 Maida 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.
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 Epping railway station and shops.
10. AESTHETICS	Yes
Comment: The architectural treatment of the building incorporates indentations and projections in the exterior walls with balcony projections to articulate the facades. The roof is low pitched to minimise building height and incorporates eaves which would cast shadows across the top storey wall. The articulation of the building, composition of building elements, textures, materials and colours would achieve a built form generally consistent with the design principles contained within the Residential Flat Design Code and the Hornsby DCP.

2.7 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	29%	25%	Yes
Communal Open Space	29%	25-30%	Yes
Ground Level Private Open Space	<25m² Min Dimension <4m	25m² Min Dimension 4m	No No
Minimum Dwelling Size	1 br – 50.1²-65.9² 2 br – 70.1²-101.2m² 3 br – 95.4m²– 98.6m²	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)	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	70%	60%	Yes
Adaptable Housing	33%	10%	Yes

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

2.7.1 Ground Floor Apartments and Private Open Space

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

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

2.7.2 Apartment Layout

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

The RFDC requires that not more than 10% of apartments be south facing single aspect units. The proposal complies with this requirement. 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 area requirements of the RFDC.

2.7.3 Internal Circulation

The proposed development includes access to all floors via a centrally located lift. The internal corridor meets 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. The proposal is acceptable with respect to the accessibility requirements of the RFDC.

2.7.4 Acoustic Privacy

The internal layout of the residential units is designed such that noise generating areas would adjoin each other wherever possible. Circulation zones, communal areas or fire stairs would act as a buffer between units. Bedrooms and service areas such as kitchens, bathrooms and laundries would be grouped together wherever possible. It is noted that bedrooms would adjoin the balcony of the adjoining dwelling in certain sections of the building. Solid walls have been proposed as buffers in these areas to retain acoustic privacy of the future occupants.

The proposal is assessed as satisfactory with regard to acoustic privacy.

2.7.5 Storage

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

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

2.8 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005

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

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

2.10 Hornsby Development Control Plan 2013

Hornsby Development Control Plan 2013
Control	Proposal	Requirement	Compliance
Site Width	35.025m – Maida Road 50.39m – Blaxland Road	30m	Yes Yes
Height	3 storeys + mezzanine - 12m	3 storeys + mezzanine - 12m	Yes
Lowest Residential Floor Above Ground	1.22m	1.5m (max)	Yes
Maximum Floorplate Dimension	N-S = 35m	35m	Yes
Height of Basement Above Ground	1.5m	1m (max)	No
Front Setback Balconies	9m 6m <1/3 frontage 6m	9m 6m <1/3 frontage 6m	Yes Yes
Rear Setback	6m	6m	Yes
Western Side Setback (Secondary boundary – Blaxland)	6m 3m>1/3 frontage (13.2m)	6m 3m<1/3 frontage (11.6m)	Yes No
Eastern Side Setback	6m 3m>1/3 frontage (14.5m)	6m 3m<1/3 frontage (11.6m)	Yes No
Underground Parking Setback	6m-front 4m-rear 4m-side (east) 4m-side (west)	6m-front 4m-rear 4m-side (east) 4m-side (west)	Yes Yes Yes Yes
Basement Ramp Setback	2m	2m(min)	Yes
Deep Soil Landscaped Areas	6m-front 4m-side (east) 4m-side (west) 4m rear	6m-front 4m side 4m side 4m side	Yes Yes Yes Yes
Private Open Space Min width 4m	1 br units – 10m² (min) 2 br units – 12m²(min) 3 br units – 16m²(min) <2.5m	10m² 12m² 16m² Min 2.5m wide	Yes Yes Yes Yes
Communal Open Space with Minimum Dimensions 4m	54.7m²	50m²	Yes
Parking	28 resident spaces 4 visitor spaces 9 bicycle tracks + visitor bicycle racks 1 motorbike space	28 resident spaces 4 visitor spaces 5.4 bicycle tracks 2.7 visitor bicycle racks 1 Motorbike space	Yes Yes Yes Yes Yes
Solar Access	74.1%	70%	Yes
Housing Choice	14.8% - 1br 74% - 2br 11.1% - 3br	10% of each type (min)	Yes
Adaptable Units	30%	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.

2.10.1 Desired Future Character

The proposed three storey residential flat building would be sited at the southern end of the Epping Road/Forest Grove, Epping precinct and would form the interface with the adjacent low density areas. The proposal would comply with the key principles for the precinct, namely for well-articulated facades responding to the visibility from street frontage, generous setbacks and landscaping.

The elevations would be rendered in white, brown, black and red. An opaque and white balustrade is proposed to blend with the rendered finish. The building is well articulated and incorporates a flat roof. The modern design of the building is in keeping with the desired future character of the area.

2.10.2 Site Requirements

The HDCP requires sites to have a minimum frontage of 30m. The subject site has a frontage of 35.025m to Maida Road and 50.39m on Blaxland Road, which complies with the requirement. The development would not result in isolation of any site and is assessed as satisfactory in this regard.

2.10.3 Height

The proposed three storey building would have a maximum height of 12m above ground, complying with the maximum building height control.

As stated in the above table, the basement would project up to 1.5m above the natural ground level at the south-eastern corner of the site. 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 12m 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 roof design incorporates a low pitched roof as required by the HDCP. Furthermore, the mezzanine level is limited to the Maida Road frontage with stepping down in height to the southern boundary adjacent to the low density residential area.

2.10.4 Setbacks/Separation

As noted in the table above, the proposal generally complies with the building setback and building separation controls required by the HDCP.

Whilst, the adjoining dwelling at No. 7 Rose Street Epping (711 Blaxland Road) does not have a 6 metre side setback on the northern elevation, the applicant indicates that all the living areas (including kitchen, dining and living rooms) and private open space is located on the eastern elevation of the dwelling and hence, there are no living areas and private open space located on the northern elevation of the dwelling house. Therefore, the proposed development would provide appropriate separation and setback so the development would not be overlooking into the living areas/private open space of the adjoining dwelling house.

As noted in the table above, the proposal generally complies with the building setback and building separation controls required by the HDCP.

Whilst the rear and the front facade would fully comply with the above requirement, there would be encroachments into the setback on the eastern and western sides which are addressed as follows:

Eastern Side

Balconies on each level, except the ground floor, would have a setback of 6m from the side boundary. The balcony at the ground floor would encroach within 3m of the side boundary. The balcony encroachment at the ground level is acceptable, given the 1.8m high boundary fence and the dense landscape buffer between the development and the adjoining site.

Some of the rooms on the first floor and second floor would encroach within 3m of the side boundary. This does not comply with the requirements of the HDCP and the building would not achieve the separation requirements stipulated by SEPP 65 in this section. To address the non-compliance, the applicant proposes highlight windows and small sized windows, which would allow sunlight but alleviate overlooking opportunities.

Western Side

Some of the balconies on the first floor and second floor would encroach within 3m of the side boundary. This does not comply with the requirements of the HDCP and the building would not achieve the separation requirements stipulated by SEPP 65 in this section. The balcony encroachment is considered minor and would be screened from the proposed dense landscaping. The western side adjoins Blaxland Road and therefore, the balcony encroachment would not create any privacy impact whilst providing articulation.

The proposed development meets the desired outcome within the HDCP and is considered acceptable.

2.10.5 Built Form

The proposed built form meets the desired outcome within the HDCP for development of a scale and bulk which enhances the streetscape character.

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.

Large canopy trees are proposed along the deep soil zone at the rear acting as a buffer between the proposed building and the adjoining low density areas. Medium canopy trees are proposed along the eastern side boundary are proposed, which would provide an appropriate transition between the proposed building and a future three storey development on the adjoining allotment.

Landscaping along Blaxland Road and Maida Road include canopy trees, shrubs and hedges, and groundcover. The landscaping would include planting of locally indigenous trees in suitable locations that would contribute to the streetscape setting and the local tree canopy.

Subject to recommended conditions, the proposal is assessed as satisfactory in this regard.

2.10.7 Open Space

The proposed communal open space areas comply with the prescriptive area of at least 50 square metres with a minimum dimension of 4 metres. The communal areas have been provided at the front of the site. The northern facing principle communal open spaces would receive more than 2 hours of sunlight between 9 am to 3 pm during mid-winter and would be accessed from the foyer via an entry door centrally located on the northern side of the building, which would provide convenient access from all units.

All units would achieve the prescriptive open space area requirements of 10 square metres for 1 bedroom units, 12 square metres for 2 bedroom units and 16 square metres for 3 bedroom units with the minimum 2.5m dimension width. Also these unit’s open space areas provides direct access from the living areas and given its size, it would provide for a range of outdoor activities and encourage active living.

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

2.10.8 Privacy and Security

The proposed development is appropriately designed for privacy with the majority of units having an orientation towards the front and rear boundaries. Appropriate privacy mitigation measures including fixed privacy screens on balconies and highlight windows have been implemented on the eastern, western and southern side façades where the building separation is less than the minimum 12 metres as required by the RFDC.

In terms of security, the proposal comprises a safe, clear and direct pedestrian entrance to the foyer of the building from Maida 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

The prescriptive measure of the HDCP requires at least 70% of the dwellings (19 out of 27) to received 3 or more hours of sunlight to living room windows and private open space between 9am and 3pm on 22 June. The applicant submitted a detailed solar access analysis indicating that 20 out of 27 units (74.1%) would receive 3 hours of direct solar access to living room windows and private open space.

The proposal complies with the requirement for at least 60% of dwellings to have dual aspect and natural cross ventilation.

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

2.10.10 Housing Choice

The proposal involves the erection of a five storey development comprising 36 units. The proposed building includes a mix of one, two and three bedroom units that range in size and style. The proposal is for 4 x 1 bedroom, 20 x 2 bedroom and 3 x 3 bedroom units. Some of the units include studies.

The proposed housing mix complies with the HDCP requirement for at least 10% of each dwelling type. Adaptable dwellings are able to comply with the 30% required by the HDCP.

2.10.11 Vehicular Access and Parking

Vehicle access to the proposed basement car park is via a 6m wide driveway off Maida road. The parking provision within the basement is in accordance with the minimum number of car spaces prescribed by the HDCP. The driveway width, ramp gradients and aisle widths are assessed as satisfactory. The basement level includes storage areas for residents and bicycle/motor cycle parking areas.

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 would require 7 x 240lt garbage bins serviced twice weekly and 6 x 240lt recycling bins serviced weekly.

The HDCP requires garbage collection areas to be within 50m of adaptable dwellings and 75m of all other dwellings. A common garbage bin bay and bulky waste storage area is proposed to be located on the northern boundary close to the street frontage. A pedestrian walkway connects the building to the garbage bin area. The site will be serviced by heavy rigid waste collection vehicles which would park on the street.

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

2.10.13 Epping Road/Forest Grove, Epping Precinct

The strategy for redevelopment of this precinct is to incorporate residential flat buildings of varying heights. Redevelopment along the southern side of Maida Road should be predominantly three storey townhouses or residential flat buildings. Additional strategies are provided for developments at the interface with Heritage Conservation Areas. The application proposes three storey residential flat building which is a permissible form of development in the precinct.

As discussed in this report, the proposed development respects the site constraints and the adjoining low density area. The scheme is consistent with the built form controls to provide for design quality for all facades that are visible from the street frontages. The proposal generally maintains setbacks in accordance with the HDCP and provides for tree planting and landscaping around the building.

The development would provide for a landscaped setting and a built-form that is consistent with the desired future outcome for the Epping Road/Forest Grove, Epping Precinct.

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 25 residential dwellings in lieu of the 2 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 one tree (tree no.1) from the site. The tree to be removed is identified as Eucalyptus saligna (Sydney Blue Gum) a locally indigenous species in accordance with the Tree and Vegetation provisions of the HDCP. The application is supported by an Arboricultural Impact Assessment prepared by Redgum Arboricultural and Horticultural Consultants dated 19 January 2015.

The report concludes that this tree is in decline due to poor pruning techniques over time. It is also within the proposed building envelope and is not able to be retained.

Council’s assessment of the proposal included a detailed examination of the existing trees on site and permits the removal of tree 1 and the protection of tree 2, 3 (on the nature strip on Blaxland Road) and 4 (neighbouring property).

It is considered that the removal of the tree is acceptable in the circumstances of the case due to the low retention value.

The submitted landscape plan includes planting of trees incorporating a variety of groundcovers and low and tall shrubs. Subject to recommended conditions for additional canopy tree planting, the submitted landscape plan would increase the local tree canopy and contribute to the natural environment.

3.1.2 Stormwater Management

The development proposes to connect to Council’s drainage system located in Rose Street via below ground on-site detention (OSD) system to control the discharge of water from the site. The application proposes to create a drainage easement over No. 7 Rose Street (711 Blaxland Road) and No. 14 Maida Road. The applicant has only obtained owners consent from No. 711 Blaxland Road. Therefore, a deferred commencement is recommended for owner’s consent from No. 14 Maida Road for the creation of the drainage easement. Council’s engineering assessment concludes that the OSD system and the drainage easement is satisfactory, subject to recommended conditions.

3.2 Built Environment

3.2.1 Built Form

The site forms part of the Epping Activation Precinct recently rezoned for three storey residential flat development. The future built form envisage by Council is provided for in Council’s planning controls as discussed in Section 2.10.

The southern elevation of the proposed development has been designed with regard to the interface with the adjoining low density residential development in respect to compliant setbacks to habitable space and balconies, and additional planting and highlight windows minimising overlooking of adjoining residents.

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

3.2.2 Traffic

The applicant provided a ‘Traffic and parking assessment report’ (TPAR) prepared by Varga Traffic Planning Pty Ltd dated 10 February 2015. The TPAR has estimated traffic generation of the existing site and proposed development using RMS data. The net traffic generation is estimated to be 12 vehicle trips in the peak hours.

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

3.3 Social Impacts

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

3.4 Economic Impacts

4. SITE SUITABILITY

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

The subject site is zoned for three storey apartment buildings and the proposal involves the erection of a five storey apartment building. The site is not identified as bushfire prone, flood prone or bushland. The scale of the proposed development is consistent with the capability of the site and is considered satisfactory.

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 2 March 2015 and 18 March 2015 in accordance with the Notification and Exhibition requirements of the HDCP. During this period, Council received one submission. The map below illustrates the location of those nearby landowners who made a submission that are in close proximity to the development site.

NOTIFICATION PLAN

• PROPERTIES NOTIFIED

X SUBMISSIONS

RECEIVED

PROPERTY SUBJECT OF DEVELOPMENT

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

· A poor building design;

· Exceedance of building height controls; and

· Excessive bulk and scale.

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

· Notification sign – Council has received one submission questioning when the yellow notification sign was put up on site. The applicant has submitted photo evidence of the yellow notification sign placed at the site during the notification period.

5.2 Public Agencies

5.2.1 RailCorp

The development application was referred to RailCorp for consideration of the proposed underground Parramatta-Epping Railway and no objections are 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”.

CONCLUSION

The application seeks approval for the demolition of existing structures and construction of a three storey residential flat building comprising 27 units and basement car parking.

The site is located at the interface of a high density precinct to the north and a low density zone to the south.

The proposed development is generally in accordance with the development controls for the ‘Epping Road/Forest Grove, Epping’ Precinct of the HDCP and would contribute to the future desired residential character of the precinct. The proposal complies with the design principles of SEPP 65 and the Residential Flat Design Code, subject to recommended conditions of consent.

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

RESPONSIBLE OFFICER

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

Rod Pickles

Manager - Development Assessment

Planning Division

James Farrington

Group Manager

Planning Division

Attachments:

1.View	Locality Map
2.View	Street Perspective Plan
3.View	DA Plans
4.View	Elevations and Sections
5.View	Material Schedule Plan
6.View	Landscape Plans
7.View	Detail Survey Plan

File Reference: DA/167/2015

Document Number: D06312577

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) The registration of an easement to drain water from the site over all downstream properties being Lot 3 DP 1044308, 7 Rose Street Epping and SP 35970, 14 Maida Road, Epping.

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

Approved Plans:

Plan No.	Plan Title	Drawn by	Dated
DA:C_04 C	Basement 1	Zhinar Architects	10/08/2015
DA:C_05 C	Ground Floor	Zhinar Architects	10/08/2015
DA:C_06 C	First Floor	Zhinar Architects	10/08/2015
DA:C_07 C	Second Floor	Zhinar Architects	10/08/2015
DA:C_08 C	Second Floor (Upper)	Zhinar Architects	10/08/2015
DA:C_09 C	Roof	Zhinar Architects	10/08/2015
DA:C_10 C	Section 1	Zhinar Architects	10/08/2015
DA:C_11 C	Section 2	Zhinar Architects	10/08/2015
DA:C_12 C	Elevations – East & North	Zhinar Architects	10/08/2015
DA:C_13 C	Elevations – West & South	Zhinar Architects	10/08/2015
DA:C_16 C	Material Schedule	Zhinar Architects	10/08/2015
2015.0202DA1-1 & 2015.0202DA1-2 – issue B	Landscape Plan	TGS Landscape Architects	2 July 2015
Job No. SW15015 Drawing No. SW15015 – S1 – Rev E	Site Stormwater Management Layouts	Alw design	02/07/2015
File. 2-4MAIDA	Plan of Detail Survey	MXM Survey Pty Ltd	23/04/14

Supporting Documentation:

Document Title	Prepared by	Dated
Waste Management Plan – Job No. 8379	Oatlands Properties Pty Ltd	28/01/2014
Cover Sheet DA:C_01 C	Zhinar Architects	10/08/2015
Shadow Study – DA-B_14 B	Zhinar Architects	03/07/2015
Sun Study 22 June – DA-B_15 B	Zhinar Architects	03/07/2015
BASIX Certificate No. 608567M	Newpeake	13 February 2015
SEPP 65 Design Verification Statement	Zhinar Architects	February 2015
Rail Noise and Vibration Impact Assessment – Report 13983R0	Rodney Stevens Acoustics Pty Ltd	22 January 2015
Arboricultural Impact Assessment – Ref 1236	Redgum Arboriculture & Horticulture Consultants	19 January 2015
Statement of Environmental Effects	Caladines Town Planning Pty Ltd	February 2015
Access Compliance Assessment Report – A5U010A1	Certified Building Specialists	13 February 2015
Traffic and Parking Assessment Report – Ref 14884	Varga traffic Planning Pty Ltd	10 February 2015
Stage 1 Geotechnical Investigation – Ref R/14-060.A_final	Davies Geotechnical Consulting Engineers	31 March 2015
Design Certificate – Ref ST15147.DC1	Capital Engineering Consultants	17 April 2015
Footing Plan/Tunnel Location Plan - Project No. ST15147, S200 - A	Capital Engineering Consultants	16.04.2015
Footing Sections & Details Tunnel Cross Section - Project No. ST15147, S201 - A	Capital Engineering Consultants	16.04.2015

3. Removal of Existing Trees

This development consent permits the removal of tree numbered 1 as identified on Site Plan A (Appendix E) Survey of Subject Trees within the Arboricultural Impact Assessment prepared by Redgum Arboricultural and Horticultural Consultants, dated 19 January 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).

4. Amendment of Plans

The approved plans are to be amended as follows:

a) All units are to be provided with storage areas in accordance with the Residential Flat Design Code which requires 50% storage areas within the basement and storage areas within the units to be accessible from either the hall or living area with an area of at least 3m³ for 1 bedroom units, 4m³ for 2 bedroom units and 5m³ for 3 bedroom units.

b) The approved waste storage area on Ground Floor plan DA:C_05 C must be amended by adding an additional bin, equating to a total of 13 bins (7 x 240L garbage bins and 6 x 240L recycling bins).

c) The Landscape Plans - 2015.0202DA1-1 & 2015.0202DA1-2 – issue B prepared by TGS Landscape Architects dated 2 July 2015 is to be amended as per the approved Ground Floor Plan - DA:C_05 C prepared by Zhinar Architects dated 10/08/2015.

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

Description	Contribution (4)
Roads	$18,292.00
Open Space and Recreation	$327,081.95
Community Facilities	$45,608.25
Plan Preparation and Administration	$1,348.95
TOTAL	$392,331.15

being for 4 x 1 bedroom, 20 x 2 bedroom and 3 x 3 bedroom dwellings and including a credit for two existing dwelling houses.

b) The value of this contribution is current as at 13/08/2015. 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)

9. 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.

10. 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.

11. Dilapidation Report

A ‘Dilapidation Report’ is to be prepared by a ‘chartered structural engineer’ detailing the structural condition of No. 7 Rose Street and 6 Maida Road, Epping.

12. Stormwater Drainage

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

a) Generally in accordance with the stormwater concept plan Drawing No. SW15015-S1 Issue E dated 2/7/2015 by ALW Design.

b) Connected directly to street drainage system in Rose Street, via an inter-allotment drainage system.

c) An inter-allotment stormwater drainage system to service the proposed development with pits being a minimum 600 x 600 mm cast in situ or pre-cast concrete pits being used.

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

13. Rainwater Reuse Tank

In order to meet the water quality targets specified in Part 1C.1.2 – Stormwater Drainage in Council’s Development Control Pl an 2013 the following must be provided:

a) A minimum 80% of the roof water must be connected to a rainwater tank having a minimum capacity of 3,000 litres per 100m² of roof area of the development. The tank is to be connected to the communal water system and to all dwellings for toilet flushing and laundry. The overflow from the rainwater tank and collected surface water must be discharged to the on-site detention system.

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

14. On Site Stormwater Detention

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

a) Generally in accordance with the stormwater concept plan Drawing No. SW15015-S1 Issue E dated 2/7/2015 by ALW Design.

b) Have a capacity of not less than 20.3 cubic metres, and a maximum discharge (when full) of 35 litres per second.

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

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

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

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

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

15. 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) Prior to the issue if a construction certificate, a certificate from a qualified engineer must be submitted to the principle certifying authority certifying that the access driveway, parking and services areas have been designed in accordance with Australian Standards AS 2890.1 and AS 2890.2.

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

16. Driveway Longitudinal Sections

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

The maximum grade must 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 must have a minimum length of 2 metres. The longitudinal sections must incorporate the design levels obtained by Council.

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

17. Vehicular Crossing

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

a) Any redundant crossings 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.

18. Road Works

A separate application under the Local Government Act 1993 and the Roads Act 1993 must be submitted to Council for approval of all works within the public road reserve. 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 to be constructed along the full frontage of the development site is Maida Road and the existing concrete footpath in Blaxland Road must be removed and reconstructed within the road verge with the remaining area turfed.

b) An existing kerb and gutter and pavement along the full frontage of the development site in Maida Road and Blaxland Road must be removed and reconstructed.

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

d) The design and construction of the kerb and gutter in Blaxland Road must be in accordance with the Roads and Maritime Services requirements. The design must be submitted to the Roads and Maritime Services Sydney Project Section for approval prior to construction.

e) A Road Occupancy Permit must be obtained from the Roads and Maritime Services for any proposed lane closures required to undertake the works.

f) Detailed design drawings by a qualified engineer must be submitted to Council for approval with the construction certificate application for public road works.

Note: A separate Construction Certificate is required to be submitted and approval obtained by Hornsby Shire Council prior to the commencement of these works.

19. 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 must 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.

20. Construction and Traffic Management Plan

In order to enable unencumbered movement of traffic in the public road during construction works, a Construction Management Plan, including a Traffic Management Plan and scaled construction plan prepared by a suitably Chartered and Qualified Chartered Engineer and Qualified Worksite Traffic Controller must be prepared and submitted with the Construction Certificate according to the following requirements:

a) A copy of the plans must be submitted for consideration and written approval by Hornsby Shire Council’s Manager of Traffic & Road Safety Branch prior to the release of the Construction Certificate.

b) The plans must detail the order of construction works and arrangement of all construction machines and vehicles being used at the same time during all stages.

c) In order to prevent injury, accident and loss of property, no building materials, work sheds, vehicles, machines or the like must be allowed to remain in the road reserve area without written consent of Hornsby Shire Council.

d) The Plan must be generally in compliance with the requirements of the Road and Traffic Authority’s “Traffic Control at Worksites manual 1998” and detailing:

i) Public notification of proposed works;

ii) Long term signage requirements;

iii) Short term (during actual works) signage;

iv) Vehicle Movement Plans, where applicable;

v) Traffic Management Plans;

vi) Pedestrian and Cyclist access and safety.

e) The plans must indicate traffic controls including those used during non-working hours and must provide pedestrian access and two-way traffic in the public road to be facilitated at all times.

f) The applicant and all employees of contractors on the site must obey and direction or notice from the Prescribed Certifying Authority or Hornsby Shire Council in order to ensure the above.

21. Accessible Units/Letter Boxes/Acoustics

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

a) The development is required to provide 9 units designed as adaptable housing pursuant to the requirements of 1C.2.2 of the Hornsby Development Control Plan 2013. In this regard, eight 3 car parking spaces are to be designed for people with a disability and allocated to 3 adaptable units.

b) The waste facility provided must be accessible by persons with a disability.

c) The letter boxes must be located as shown on the approved DA:C_12 Issue C.

d) The recommendations within the Rail Noise and Vibration Impact Assessment Report 13983R0 prepared by Rodney Stevens Acoustics Pty Ltd dated 22 January 2015 must be incorporated.

22. Noise – Rail Corridor

The development must be carried out in accordance with the recommendations contained within the acoustic report submitted with the development application, Rail Noise and Vibration Impact Assessment Report 13983R0, prepared by Rodney Stevens Acoustics Pty Ltd and dated 22 January 2015 and the requirements of the Department of Planning’s Development Near Rail Corridors and Busy Roads – Interim Guideline and RailCorp’s Interim Guidelines for Applicants.

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

23. 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.

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

24. 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.

25. 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.

26. 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.

27. 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.

28. Project Arborist

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

29. Tree Protection Barriers

a) Tree protection fencing must be erected around tree numbered 2, 3 & 4 to be retained at a 5 metre setback.

b) The tree fencing must be contiguous and constructed of 1.8 metre ‘cyclone chainmesh fence’ in accordance with AS 4970-2009 (4.3 – Fig. 3) and Site Plan B (Appendix F) – Tree Protection Plan within the Arboricultural Impact Assessment prepared by Redgum Arboricultural and Horticultural Consultants, dated 19 January 2015.

30. Tree Root Protection

Prior to works commencing and throughout construction, the area of the Tree protection Zone (located on the property) of trees 2, 3 & 4 is to be protected by the use of wood-chip mulch. Wood-chip mulch is to be installed on top of a geotextile landscape fabric, placed over the root zone of the tree. The mulch is to be maintained at a depth of 150mm-300mm using material that complies with AS 4454.

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

REQUIREMENTS DURING CONSTRUCTION

31. 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.

32. 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;

33. Environmental Management

34. 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.

35. Street Sweeping

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

36. Works Near Trees

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

b) Existing soil grades within the Tree Protection Zone of trees to be retained must be maintained.

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 Zone (see Advisory Notes) as prescribed in the HDCP Section 1B.6.1(i) of any tree to be retained.

37. Council Property

38. Disturbance of Existing Site

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.

42. Waste Management Details

a) The identity of the person removing the waste.

b) The waste carrier vehicle registration.

c) Date and time of waste collection.

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

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

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

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

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

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

43. Fulfilment of BASIX Commitments

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

44. 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.

45. Waste Management Details

The following waste management requirements must be complied with:

a) The garbage room at the ground 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.

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

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

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

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

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

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

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

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

Note: Ramps between different levels are acceptable.

46. Damage to Council Assets

Any damage caused to Council’s assets including the removal, damage, destruction, displacement or defacing of the existing survey marks as a result of the construction or demolition of the development must be rectified in accordance with Council’s Civil Works Specifications. Council’s Restorations Supervision must be notified for a formwork inspection prior to pouring concrete

47. Preservation of Survey Marks

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

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

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

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

49. Replacement Planting

a) Replacement Planting must be in accordance with the approved Landscape Plan.

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

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

50. Final Certification

Following the final inspection and the completion of any remedial works, the project Arborist must submit to the Principle Certifying Authority documentation stating that the completed works have been carried out in compliance with the approved plans, conditions of this consent and AS 4970-2009.

51. External Lighting

52. Unit Numbering

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

53. 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.

54. Retaining Walls

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

55. 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.

56. Boundary Fencing

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

Fences to the primary frontage in front of the building alignment are to retain visual transparency (not lapped / solid) and be 1.2 metres in height.

57. Completion of Landscaping

Note: Advice on suitable species for landscaping can be obtained from Council’s planting guide ‘Indigenous Plants for the Bushland Shire’, available at www.hornsby.nsw.gov.au.

58. 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.

59. 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

60. Noise

61. Landscape Establishment

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

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