Agenda of General Meeting - 9 December 2015

Date Lodged	Councillor/Designated Person (Position)	Reason for Lodgement
4/11/2015	Environmental Compliance Officer	New Employee
10/11/2015	Environmental Compliance Officer	New Employee

Group Manager’s Report No. PL72/15

Planning Division

Date of Meeting: 9/12/2015

7 DEVELOPMENT APPLICATION - FIVE STOREY RESIDENTIAL FLAT BUILDING COMPRISING 55 UNITS - 23 AND 25 FOREST GROVE, EPPING

EXECUTIVE SUMMARY

DA No:	DA/304/2015 (Lodged 20 March 2015)
Description:	Demolition of existing structures and construction of a five storey residential flat building comprising 55 units and basement car parking
Property:	Lots A and B DP 397621, Nos. 23 and 25 Forest Grove, Epping
Applicant:	A+ Design Group
Owner:	Mr Louis Clive Wallace, Mr Mark Samuel Bartlett, Mr Ian Peter Shirtliff and Ms Xin Wang and Mr Zhiqing Cai
Estimated Value:	$12, 650, 000
Ward:	C

· The application proposes the demolition of existing structures and construction of a five storey residential buildings comprising 55 units and basement car parking.

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

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

· It is recommended that the application be approved.

RECOMMENDATION

THAT Development Application No. DA/304/2015 for demolition of existing structures and construction of a five storey residential flat building comprising 55 units and basement car parking at Lots A and B DP 397621, Nos. 23 and 25 Forest Grove, Epping be approved subject to the conditions of consent detailed in Schedule 1 of Group Manager’s Report No. PL72/15.

BACKGROUND

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

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

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

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

On 20 March 2015, DA/304/2015 was lodged with Council for a five storey residential flat development comprising 55 units with a mezzanine floor and basement car parking. Council raised concerns in relation to the proposed building height, setbacks, unit sizes and functionality, articulation, and subterranean units. Following a meeting with Council on 21 May 2015, amended plans were submitted addressing the building height, unit sizes, façade articulation, the rear setback and provision of communal open space. The amended plans are the subject of this report.

SITE

The site has a consolidated area of 2,463m² with a frontage of 42.66m to Forest Grove and a depth ranging from 58.84m on the northern boundary to 56.76m on the southern boundary. The site has a cross fall of approximately 5 - 6% from west to east across the site.

The subject site comprises two regular shaped allotments located on the eastern side of Forest Grove. Existing improvements on the site include two single storey dwelling houses and ancillary development.

A variety of coniferous, ornamental and one indigenous tree are located throughout the site and on the site boundaries. There is an existing drainage easement 2.44m wide that traverses the rear half of No. 23 Forest Grove.

Epping Railway Station is located approximately 400m to the north-west of the site. The immediate area surrounding the subject site is mainly characterised by low density residential dwellings. However, the site is part of a precinct undergoing development. A five storey residential flat development containing 55 units has been approved on the adjoining site to the south (Nos. 27-31 Forest Grove) and with the exception of Nos. 19-21 Forest Grove, development applications are under assessment or have been approved for all sites on the eastern side of Forest Grove. A similar pattern of development approvals is emerging in the area in line with the desired future outcome for the precinct.

The property is located in the vicinity of No. 723X Blaxland Road, Epping (Item No. 359 – Forest Park) and the Essex Street Heritage Conservation Area (HCA) of local heritage significance under the provisions of Schedule 5 (Environmental Heritage) of HLEP.

PROPOSAL

The proposal is for demolition of two existing dwellings and associated structures and construction of a five storey residential flat building comprising 55 units over one and a half levels of basement car park. Details of the residential flat development are provided below:

· The overall unit mix would consist of 10 x 1 bedroom, 39 x 2 bedroom and 6 x 3 bedroom units.

· The development would be accessed from Forest Grove via a driveway located adjacent to the southern boundary of the site. A total of 57 residential and 8 visitor car parking spaces are proposed over two split levels of basement parking.

· The proposal includes an integrated landscaping scheme linking the residential flat buildings with common open space areas to the rear and the centrally located street entry to the development.

· The proposed development would result in the removal of 21 existing trees on site. One of these trees is identified as an indigenous species.

· The proposal involves the relocation of the existing Council drainage easement to the northern boundary of the site.

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 zone are:

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

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

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

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

2.1.2 Height of Buildings

Clause 4.3 of the HLEP provides that the height of a building on any land should not exceed the maximum height shown for the land on the Height of Buildings Map. The maximum permissible height for the subject site is 17.5 metres. Seven submissions object to the proposed building height. The application originally proposed a height variation of 0.72m which would result in a building height of 18.22m. The submitted Clause 4.6 variation was not supported by Council and accordingly the proposal was reduced in height to comply with the 17.5m height limit. The height of the proposed building now reaches 17.5 metres and complies with Clause 4.3 of HLEP.

2.1.3 Heritage Conservation

Clause 5.10 of the HLEP sets out heritage conservation provisions for Hornsby Shire. The property is located in the vicinity of 723X Blaxland Road, Epping (Item No. 359 – Forest Park) and the Essex Street Heritage Conservation Area (HCA) of local heritage significance under the provisions of Schedule 5 (Environmental Heritage) of the HLEP.

Four submissions object to the proposal as it would have an impact on the significance of the HCA. It is acknowledged that the visual setting of the HCA would be altered as five storey buildings become visible to the west above the trees and houses. However, the proposed rear setback (eastern boundary) is 7 metres to the balcony line, which provides an element of separation from the low density zone. Furthermore, the elevation is stepped and articulated to reduce the perceived bulk of the building. The setback also facilitates screen trees to be planted to provide an additional visual buffer to the HCA.

The primary characteristics of the Essex Street Conservation Area are the good and largely intact examples of housing styles, mainly single storey in appearance from the Federation and Inter-war periods. Consistent with these values, the eastern elevation of the proposed development includes mainly dark face brick material to provide a sympathetic, visually recessive backdrop to the Conservation Area. A number of balconies on the eastern elevation include white rendered finishes. This would not complement the adjoining HCA and a condition is recommended requiring the finishing to be changed to a natural stone colour or dark coloured material.

The site is also located in close proximity to heritage listed Forest Park. The landscaping proposed at the front of the site would complement the planting in the park.

Three submissions object to the proposal and question the heritage listing of the Essex Street Conservation Area. At its 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 Hornsby Development Control Plan (HDCP) 2013. 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.

In summary, the proposed five storey high residential flat building would have a visual impact on the western backdrop to the Essex Street HCA. The impact would be reduced by the inclusion of dark materials and finishes on the eastern elevation and appropriate tree planting at the rear of the site.

2.1.4 Earthworks

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

2.2 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.

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

The application has been assessed against the requirements of State Environmental Planning Policy No. 32 (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.

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

The application has been assessed against the requirements of State Environmental Planning Policy No. 55 (SEPP 55). This Policy provides State-wide planning controls requiring 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.

A search of Council’s records and aerial images reveals that the property has been used exclusively for residential purposes with no record of any site contamination. Given this, the site would be suitable for the proposed use and no further assessment in relation to this SEPP is required.

It is also noted that due to the age of the existing weatherboard house, there is potential for the existing building to contain asbestos. Appropriate conditions are included to require all asbestos to be removed from the site appropriately. Furthermore, taking into account the significant excavation required to accommodate the proposed basement car park, much of the existing soil would be removed from the site in any event.

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

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

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

Pursuant to the above provision, this amendment 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 Epping Railway Station and the Epping Town Centre. The proposal responds to the desired future character of the precinct as envisaged by Council for residential flat buildings in landscaped settings with underground car parking. Once the development of the precinct is completed, the proposal would integrate with the surrounding sites and would be in keeping with the future urban form. The proposed building would contribute to the identity and future character of the precinct.
2. SCALE	Yes
Comment: The scale of the development is in accordance with the height control and the setbacks for the precinct prescribed within the Hornsby DCP. Whilst the building footprint exceeds the maximum floor-plate of 35m as prescribed within the DCP, the proposed development provides well-articulated facades with compliant private open space areas and setbacks. The building bulk along the north and south elevations (to which longer axis reflects) has also been minimised. 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 appropriately contribute to the character of the desired future streetscape and includes articulation to minimise the perceived scale. The proposed materials and finishes incorporate dark brick and muted tones to harmonise with the existing HCA to the rear of the site and ensure minimal visual impact on the HCA. 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. 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 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.
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 two central lifts connecting the basement and all other levels.
8. SAFETY AND SECURITY	Yes
Comment: The design orientates the balconies and windows of individual apartments towards the street, 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 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 within the Epping Town Centre.
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	25%	25%	Yes
Communal Open Space	25%	25-30%	Yes
Ground Level Private Open Space	8m² - 22m² Min Dimension 2m	25m² Min Dimension 4m	No No
Minimum Dwelling Size	1 bed – 50.1m² – 69m² 2 bed – 70.8m²– 86.5m² 3 bed - 90m² – 102m²	1 br – 50m² (min) 2 br – 70m² (min) 3 br – 95m² (min)	Yes Yes No
Maximum Kitchen Distance	8.5m – 9m G01, G02, G10, G18, G20, 101, 102, 105, 106, 202, 205, 206, 301, 302, 305, 306	8m	No
Minimum Balcony Depth	2m	2m	Yes
Minimum Ceiling Height	2.7m	2.7m	Yes
Total Storage Area	1 bed - 6m³ (Min) 2 bed - 8m³(Min) 3 bed - 10m³ (Min) 50% accessible from the apartments	1 bed - 6m³ (Min) 2 bed - 8m³(Min) 3 bed - 10m³ (Min) 50% accessible from the apartments	Yes
Dual Aspect and Cross Ventilation	60%	60%	Yes
Adaptable Housing	30%	10%	Yes

As detailed in the above table, the proposed development generally complies with the prescriptive measures within the Residential Flat Design Code (RFDC) with the exception of ground floor private open space and the maximum kitchen distance from a window. 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 proposed ground floor unit open spaces include courtyards contained within the building footprints. These areas do not meet the stipulated prescriptive measures under the RFDC, 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 in this regard, as larger open space areas would be lost to private use and not contribute to the overall landscaping with regard to the Hornsby Development Control Plan key principle for five storey residential flat buildings in garden settings. The units however, comply with the minimum requirements of the Hornsby Development Control Plan with regard to the private open space areas. The proposal is assessed as satisfactory in this regard.

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 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. Unit G04 has an area of 90m² which does not comply with the requirements of the Code. The unit also includes a balcony area which does not meet the requirements of HDCP. In this regard, a condition of consent is included in Schedule 1 requiring the deletion of one of the bedrooms and reconfiguration of the unit to a 2 bedroom unit with an appropriate balcony size.

The RFDC requires that the back of a kitchen should be no greater than 8 metres from a window. Of the 55 units proposed, 18 units contain kitchens where the back wall is 8.5m – 9m 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.

It is also noted that windows have been omitted from the bedrooms of units G10, G20, 110 and 210. A condition of consent is recommended requiring windows be included as marked in red on the approved floor plans.

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

2.6.3 Internal Circulation

The proposed development includes access to all floors via two lifts. The internal corridors meet the Code’s requirements for the number of units accessed (up to 8) and design for amenity. The ground floor foyer of the building would provide direct, level access to the communal open space area to the south of the building.

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

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. Storage or circulation zones would act as a buffer between units. Bedroom and service areas such as kitchens, bathrooms and laundries would be grouped together wherever possible. The proposal is consistent with the RFDC for acoustic privacy.

2.6.5 Storage

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

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

2.7 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

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.

2.9 Hornsby Development Control Plan 2013

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

Hornsby Development Control Plan 2013
Control	Proposal	Requirement	Compliance
Site Width	42.66m	30m	Yes
Height	5 storeys – 17.5m	5 storeys – 17.5m	Yes
Maximum Floorplate Dimension	39.4m - 43m (E – W) 34.7m (N – S)	35m 35m	No Yes
Building Indentation	3.5m x 4.5m – south 3.5m x 4.5m – north 4m x 3.5m – rear 4m x 3m – front	4m x 4m 4m x 4m 4m x 4m 4m x 4m	No
Height of Basement Above Ground	0m	1m (max)	Yes
Front Setback	9.5m setback for 11m of building length	1/3 of 34.7m =11.56m	Yes
Rear Setback	8m for 9.5m building length	1/3 of 34.7m =11.56m	Yes
Side Setback North	4m setback for 10.2m of building length	1/3 of 39.4m = 13.1m	Yes
Side Setback South	4m – 4.5m setback for 11.5m of building length	1/3 of 39.4m = 13.1m	Yes
Top Storey Setback from Ground Floor	3m	3m	Yes
Underground Parking Setback	7m-front 7m-rear 4m-side (south) 4m-side (north)	7m-front 7m-rear 4m-side (south) 4m-side (north)	Yes Yes Yes Yes
Basement Ramp Setback	4m	2m	Yes
Deep Soil Landscaped Areas	7m – 7.4m – front 7m rear 4m-side (South) 4m-side (North)	7m-front and rear 4m sides	Yes Yes Yes Yes
Private Open Space	8m² – G18 10m² – 103, 203, 303. 11.7m² – G04	10m² 12m² 16m²	No No No
Communal Open Space with Minimum Dimensions 4m	25%	25%	Yes
Parking	57 resident spaces 8 visitor spaces 11 bicycle tracks 5 visitor bicycle racks 2 motorbike space	56 resident spaces 8 visitor spaces 11 bicycle tracks 6 visitor bicycle racks 2 motorbike space	Yes Yes Yes No Yes
Solar Access	70% - (39 units)	70%	Yes
Housing Choice	18% (10 units) - 1 bedroom 72% (40 units) - 2 bedroom 9% (5 units) - 3 bedroom	10% of each type (min)	Yes Yes Yes – minor noncompliance
Adaptable Units	30% - 17 units	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 proposed five storey residential flat development would be sited within the Epping Road/Forest Grove, Epping Precinct in accordance with required key principles for the precinct, namely for well-articulated residential flat buildings of varying heights in garden settings with basement car parking.

2.9.2 Site Requirements

The HDCP requires sites to have a minimum frontage of 30 metres. The subject site has a frontage of 42.66m to Forest Grove and complies with this requirement. The proposed development would not result in an isolated site or compromise development in accordance with the HDCP. A five storey residential flat building containing 55 units has been approved on the adjoining site to the south (Nos. 27-31 Forest Grove). With the exception of the adjoining allotments Nos. 19 – 21 Forest Grove, development applications are under assessment or have been approved for all sites on the eastern side of Forest Grove. The amalgamation of the allotments is in keeping with the desired future character of the area.

2.9.3 Height

The maximum building height is 17.5m as per HDCP. As discussed in Section 2.1.2 the application originally exceeded the required height limit by 0.72m. Amended plans have been submitted reducing the building height to 17.5m. The proposal now complies with the requirements of the HDCP in terms of a built form not exceeding five storeys and 17.5m in height.

2.9.4 Setbacks

One submission raises concerns in relation to the building setbacks. As indicated in the table above, the proposal complies with the setback requirements of HDCP. The development would provide a well-articulated built form that is set back to incorporate landscaping, open space and separation from adjoining developments.

2.9.5 Built Form and Separation

Building Indentation

The proposal does not include indents of 4m x 4m which strictly comply with the requirements of the HDCP on the proposed facades. One submission objects to the width of the indents provided. The proposed indents measure 3.5m x 4.5m (north and south) and 4m x 3.5m (front and rear). The indents include the use of timber slatted screens to create a break in the built form. This, accompanied by the framing of the balconies with a solid finish creates interest on the facades and reduces the perceived bulk of the development. The non-compliance is considered minor in nature and does not warrant refusal of the application.

All facades include vertical articulation of the built form which breaks the bulk of the development. In conclusion, although the indents do not strictly comply with the numerical requirements, the buildings proposed include appropriate articulation, through the chosen materials, balcony placement and vertical definition. The design meets the intent of the development control.

Floor-plates

A building footprint 43m in length is proposed at the lower ground floor, this is reduced to 39.4m from the ground floor level to Level 4. The proposed floor-plate does not comply with the maximum requirement of 35m prescribed within the Hornsby DCP. One submission comments on the floor plate length.

The proposal incorporates a 3.5m x 4.5m building indentation on the northern and southern elevations to achieve the appearance of two separate building pavilions. A break in the roof form creating two separate pavilions has been incorporated at this point, coinciding with the building indent.

The development includes sufficient articulation and varied use of materials to break up the perceived bulk and scale of the buildings. The building is setback from all boundaries and includes sufficient deep soil areas to ensure the establishment of canopy trees which will soften the appearance of the buildings. The development achieves a scale consistent with the desired future character of the precinct of residential flat buildings in landscape settings with underground car parking in accordance with the desired outcomes of the HDCP.

Building Separation

Level 4 of the building (in part) is setback less than 9m from the boundary on the northern and southern side elevations. This applies to units Nos. 402 and 405. Both units are orientated toward the front and side boundaries. The balconies of both units extend to 4m from the boundary.

Accordingly, the bedrooms of the units are to include highlight windows and the balcony area adjoining the side boundaries is to be non-trafficable. A condition of consent is recommended to this effect in Schedule 1. Subject to compliance with recommended conditions, the proposal is acceptable in terms of building separation.

2.9.6 Landscaping

The landscaping provisions for the HDCP prescribe that a 7 metre wide landscaped area is to be provided at the front and rear setback and a 4 metre landscaped area is to be provided along the side boundaries. The design of the basement generally achieves the prescribed setbacks allowing for deep soil planting. However, the site is constrained on the northern and eastern boundaries by the relocation of the existing Council easement.

In this regard, the development has been designed to maintain a 6m setback from the boundary in the area adjoining the proposed Council easement on the northern elevation. The area of the easement is not suitable for planting. However, medium to large trees can be accommodated adjoining the building. The proposed setback on both the lower ground and ground levels has allowed for the provision of screen planting complementing the built form and providing separation between the development and future buildings on adjoining sites.

Four submissions raise concerns in relation to the provision of screen planting to the rear of the site. In this regard, 10 x Waterhousia floribunda (Weeping Lily Pilly) would be provided to the rear of the building which would reach a mature height of 15m. Once mature, the trees would provide screening and an added buffer between the site and the existing dwellings to the east. In addition, 2 x Tristaniopsis laurina ‘Luscious’ (Water Gum) would be provided in the rear south-eastern corner of the site. These trees would reach a mature height of 9m.

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 (OSD) for the scheme is located under the driveway. The tank has been located in an appropriate location considering the slope of the site and the relevant engineering requirements and would not impact on the landscaped areas.

The proposal is considered acceptable in terms of the prescriptive measures of the landscaping element of the HDCP.

2.9.7 Open Space

The proposed private open space areas generally comply with the prescriptive area requirements, include a range of layouts with access off living areas and would provide for a range of outdoor activities. Units G04, G18, 103, 203, and 303 do not comply with the requirements of the HDCP. A condition of consent is included in Schedule 1 requiring the reconfiguration of unit G04 and the proposed balcony to provide a minimum outdoor space of at least 12m². Units G18, 103, 203 and 303 comply with the requirements of the Apartment Design Guideline in terms of balcony area. In this regard, the minor non-compliance is considered acceptable in this case.

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.

2.9.8 Privacy and Security

Six submissions raise concerns 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 are implemented via conditions of consent including 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 and no objections are raised to the proposal, subject to conditions to reduce criminal activity within the community and the property.

2.9.9 Sunlight and Ventilation

The site is generally advantaged by the northerly aspect however, the proposed units are predominantly oriented to the east and the west. As a result 70% of the proposed units would achieve 2 hours of solar access between 9am and 3pm 22 June.

The proposed units would comply with the HDCP minimum requirement for 60% of units to be designed for cross ventilation and dual aspect.

2.9.10 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. It is noted that unit G04 is to be reduced to a 2 bedroom unit. This would alter the unit mix as per the table above. It would result in a minor noncompliance in the requirement for 10% of each unit type. 9% of the proposed units would be three bedroom apartments. The noncompliance is minor in nature and would not warrant refusal of the development. Seventeen units (30%) are designed as adaptable units which complies with the requirement of both the HDCP and Code.

2.9.11 Vehicular Access and Parking

Six submissions raise concerns in relation to the number of parking spaces provided for the development. The proposal provides 57 resident car parking spaces, 8 visitor car spaces and 2 motorbike spaces. This meets the requirements of the HDCP for developments located within 800 metres of a railway station.

It is noted that space no. 65 in basement 1, is a disabled parking space. A shared area is not provided for this space. The parking aisle cannot be used for a shared area as it is subject to vehicular traffic. Accordingly, a condition of consent requires the relocation of the space with the inclusion of an appropriate shared area. It is also noted that the development includes 16 bicycle racks which does not comply with the HDCP. A condition of consent requires the provision of an additional visitor bicycle rack. Subject to compliance with the above conditions, the proposal would comply with the requirements of HDCP.

The proposed basement car park is over one and a half levels, accessed via a 7 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.

2.9.12 Waste Management

Waste Management Plans for the demolition, construction stage and on-going use of the proposed development were submitted with the application. This has been assessed as satisfactory subject to recommended conditions of consent. Four submissions raise concerns in relation to waste storage and collection onsite.

A garbage chute and recycling bin has been provided accessed directly from the lobby of the ground floor through to levels 1-4. On the lower ground level, a garbage bin and a recycling bin are provided in a small room off the main garbage room/chute service room.

For 55 dwellings, the development would require 5 x 660 L garbage bins serviced twice weekly, 12 x 240 L recycling bins serviced weekly, plus 1 x 1100 L paper/cardboard bin for flattened removalist boxes etc. The development would also require spare bins to use while the full bins are awaiting collection (an additional 1 x 660L garbage bins and 5 x 240L recycling bins).

A bulky waste storage area is shown on the plans at ground floor level which complies with Council’s minimum requirement of at least 8m². All bin transfers between the waste facility on each level, the garbage area on the lower ground floor and the collection area are to be carried out by the site caretaker.

The submissions raise concerns in relation to odour from the collection area. The holding area would be used for collection only and bins would be stored in the lower ground storage rooms prior to collection. Details of the effective ventilation of this room are required to be provided to the principle certifying authority prior to the issue of a construction certificate.

A waste collection point is provided next to the driveway. A Small Rigid Vehicle (SRV) waste collection vehicle would be able to reverse into the site and forward out, with parking on the driveway.

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

2.10 Section 94 Contributions Plans

Hornsby Shire Council Section 94 Contributions Plan 2012-2021 applies to the development as it would result in an additional 53 residential dwellings in lieu of the two existing residences. Accordingly, the requirement for a monetary Section 94 contribution is recommended as a condition of consent.

3. ENVIRONMENTAL IMPACTS

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

3.1 Natural Environment

3.1.1 Tree and Vegetation Preservation

The application is supported by an arborist report prepared by Landscape Matrix. All 21 trees onsite are proposed for removal. T10 is a significant species identified as pittosporum undulatum in accordance with the Tree and Vegetation provisions of the HDCP. The tree, 6m in height, is to the rear of the site and would be effected by the construction of the basement. The trees canopy development has been supressed and is considered a risk of failure in the long term. No objections are raised to the removal of the tree. 23 large trees would be planted onsite including, 3 x angophora costata, 3 x eucalyptus haemastoma in lieu of those to be removed. Furthermore, 3 x Tristaniopsis laurina (Water Gum) are required to be planted on the nature strip adjoining the front of the site.

Four submissions raise concerns in relation to the retention of the existing trees on the adjoining properties to the rear in the Heritage Conservation Area. In particular, the submissions raise concerns in relation to the retention of an Araucaria Heterophylla (Norfolk Island Pine, T26) at No. 64 Essex Street. The arborist report states the following in relation to the T26;

‘The retaining wall for the proposed culvert is located 5.4metres from the tree at the closest point and is calculated to encroach within 28.51m² or 9.85% of the tree’s identified TPZ – this is a low level of encroachment and within an acceptable threshold.’

Council’s assessment of the proposal included a detailed examination of the existing trees on site and on the adjoining sites and concurs with the Arborist’s recommendation. Subject to recommended conditions in Schedule 1 of this report, there would be minimal impact on trees on the adjoining properties. The conditions require a project arborist onsite for any works in close proximity to the tree and that the structural root zone remain intact and be retained.

Subject to compliance with the recommended conditions of consent, the proposal is considered acceptable in terms of tree removal and protection of trees on adjoining sites.

3.1.2 Stormwater Management

A Council easement passes through the centre of the site. A 900 mm diameter stormwater pipe runs in an easterly direction diagonally from north-west to south-east and discharges via a headwall into a drainage depression on the neighbouring lot to the east. Due to the location of the existing pipe through the centre of the property, it would be necessary to relocate the easement to facilitate the development.

The easement would be relocated to the northern boundary of the site and would facilitate a 2m wide box culvert, at 0.5m setback from proposed easement boundary, modelled at 50% blockage. Five submissions raise concerns in relation to stormwater drainage onsite and in relation to the potential flooding of the basement. The submitted stormwater drainage plans demonstrate that in such an event, a pump out system is in place in the basement. This would connect to the OSD system (72.06m³) which would facilitate the dispersal of water from the site in a predetermined manner. The existing flow of water through the site, including any overland flow would be accommodated in the proposed culvert. The proposal is considered acceptable in terms of stormwater drainage subject to recommended conditions of consent included in Schedule 1 of this report.

3.2 Built Environment

3.2.1 Built Form

The site forms part of the Epping Activation Precinct 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 2.9. The proposed development is consistent with the built form envisaged for the area.

3.2.2 Traffic

Eight submissions raise concerns 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 with 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 16 vehicle trips in the AM and PM peak periods. This would result in a net increase in traffic generation potential of approximately 14.3 vehicle trips.

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.

The location and design of the proposed driveway provides for servicing by waste collection vehicle and access for residents and visitors and would not detract from road safety.

3.3 Social Impacts

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

The location of the development is in close proximity to Epping Railway Station and Epping Town Centre which would provide a mix of recreational, health and education facilities for future residents.

3.4 Economic Impacts

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

4. SITE SUITABILITY

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

The subject site has not been identified as bushfire prone. The site is considered to be capable of accommodating the proposed development subject to conditions of consent relating to stormwater drainage for the site. 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 30 March and 15 April 2015 in accordance with the Notification and Exhibition requirements of the HDCP. During this period, Council received nine submissions including two submissions from the same property. 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 was received out of map range

Nine submissions (two submissions were received from the same property) objected to the development, generally on the grounds that the development would result in:

· Unacceptable traffic on local streets;

· Loss of commuter parking;

· Noise from the development;

· Waste collection/Storage;

· Privacy impacts;

· Building height;

· Building setbacks;

· Landscaping;

· Building length;

· Stormwater drainage;

· Protection of trees on the adjoining properties;

· Essex Street Heritage Conservation Area listing; and

· Impact on the significance of the HCA.

The concerns raised in the submissions have been addressed within the body of the report with the exception of the following:

5.1.1 Parking on Forest Grove

Six submissions raise concerns in relation to a lack of parking in the future on adjoining streets near Epping Station. The submissions also note that parking is already at capacity on the streets. The parking provision for the development will comply with Epping Town Centre Urban Activation Precinct and HDCP 2013. Council’s Traffic and Road Safety Branch is currently monitoring parking around Epping town centre. Although there are no immediate plans to implement parking management in streets south of Epping Road. A review of parking will be undertaken once the rezoned properties in the area are redeveloped and occupied.

5.1.2 Noise from the Development

A condition is recommended for an Environmental Management Plan where 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.

A further condition is recommended in relation to the ongoing use of the development requiring that all noise generated by the 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).

5.2 Public Agencies

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

6. THE PUBLIC INTEREST

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

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

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

CONCLUSION

The application seeks approval for the demolition of the existing structures and the construction of a five storey residential flat building comprising 55 units with one and a half levels of basement car parking. The proposed development would be located on a site within a locality zoned as a high density residential precinct.

The proposed development is generally satisfactory in respect to the Hornsby Local Environmental Plan 2013, design principles under SEPP 65 and the best practice guidelines of the Residential Flat Design Code, subject to recommended conditions. The proposed development has regard to the requirements of the Hornsby DCP 2013 and is considered acceptable in respect to the desired future character of the Epping Road/Forest Grove, Epping Precinct.

Nine submissions were received in respect to the proposal raising concerns in relation to traffic, loss of privacy, impact on the heritage conservation area, stormwater drainage and impact on trees on neighbouring properties. Subject to compliance with recommended conditions, the proposed development is considered acceptable.

The application is recommended for approval.

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	Floor Plans
3.View	Elevations and Sections
4.View	Landscape Plans
5.View	Concept Drainage Plans

File Reference: DA/304/2015

Document Number: D06475965

SCHEDULE 1

GENERAL CONDITIONS

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

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

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

1. Approved Plans and Supporting Documentation

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

Plan No.	Plan Title	Drawn by	Dated
A2.02 – Issue A	Basement 1 – Issue A	A+ Design	20 March 2015
A2.01 – Issue A	Basement 2 – Issue A	A+ Design	20 March 2015
A2.03 – Issue E	Lower Ground Floor	A+ Design	6 November 2015
A2.04 – Issue E	Ground Floor	A+ Design	6 November 2015
A2.05 – Issue D	Level 1	A+ Design	18 September 2015
A2.06 – Issue D	Level 2	A+ Design	18 September 2015
A2.07 – Issue E	Level 3	A+ Design	6 November 2015
A2.08 – Issue E	Level 4	A+ Design	6 November 2015
A2.09 – Issue D	Roof	A+ Design	18 September 2015
A3.01 – Issue D	North Elevation	A+ Design	18 September 2015
A3.02 – Issue D	East Elevation	A+ Design	18 September 2015
A3.03 – Issue D	South Elevation	A+ Design	18 September 2015
A3.04 – Issue D	West Elevation	A+ Design	18 September 2015
A4.01 – Issue E	Section 1	A+ Design	6 November 2015
A4.02 – Issue C	Section 2	A+ Design	6 November 2015
A5.01 – Issue C	Materials and Finishes – West Elevation	A+ Design	1 September 2015
A5.02 – Issue C	Materials and Finishes – East Elevation	A+ Design	1 September 2015
101 – Issue D	Landscape Plan – Lower Ground Floor	Site Image Landscape Architects	10 March 2015
102 – Issue D	Landscape Plan – Ground Floor	Site Image Landscape Architects	10 March 2015
103 – D	Landscape Plan – Level 3	Site Image Landscape Architects	-
104 – D	Landscape Plan – Level 4	Site Image Landscape Architects	-
501 – D	Landscape Details	Site Image Landscape Architects	-
-	Arboricultural Impact Report	Landscape Matrix	10 September 2015
-	Arboricultural supporting letter	Landscape Matrix	19 October 2015
PS01 – Revision C	Concept Drainage Plan - Ground Floor/Site	Martens and Associates Pty. Ltd.	19 October 2015
PS01 – D201 – Revision A	Concept Drainage Plan Basement 1	Martens and Associates Pty. Ltd.	20 March 2015
PS01 – D202 - Revision A	Concept Drainage Plan Basement 2	Martens and Associates Pty. Ltd.	20 March 2015
PS01 – D203 - Revision B	Easement Realignment	Martens and Associates Pty. Ltd.	19 October 2015
PS01 – D400 - Revision A	Drains Model Results	Martens and Associates Pty. Ltd.	20 March 2015
PS01 – D500 - Revision B	Drainage Details Humes Jellyfish	Martens and Associates Pty. Ltd.	9 September 2015
PS01 – D501 - Revision A	Headwall Details	Martens and Associates Pty. Ltd.	19 October 2015
PS01 – I100 - Revision C	Water Quality Catchment Plan	Martens and Associates Pty. Ltd.	19 October 2015
PS01 – I101 - Revision C	Water Quality Music Results	Martens and Associates Pty. Ltd.	20 March 2015
	Additional Flood Study Report	Martens and Associates Pty. Ltd.	19 October 2015

Supporting Documentation

Document Title	Prepared by	Dated
Survey Report – Issue A	A+ Design	20 March 2015
BASIX Certificate No. 615185M	Wood and Grieve Engineers	18 March 2015
Traffic and Parking Assessment	Varga Traffic Planning Pty Ltd	19 March 2015
Waste Management Plan	A+ Design	12 March 2015
Statement of Compliance for People with a Disability	Accessible Building Solutions	16 March 2015

2. Amendment of Plans

The approved plans are to be amended as follows:

a) The ground floor and lower ground floor landscape plans are to be amended to reflect the approved stormwater and architectural plans as follows; PS01 – D200 Concept Drainage Plan - Ground Floor Site, prepared by Martens Pty Ltd dated 19 October 2015 and A2.03 Issue E Lower Ground Floor and A2.04 Issue E Ground Floor prepared by A+ Design dated 6 November 2015.

b) The landscape plan is to be amended providing lapped and capped timber fencing 1.8m in height around the garbage holding area and metal palisade fencing 1.8m in height around the open channel on the northern elevation.

c) The finishing materials of balconies on the eastern elevation are to be changed to natural stone or dark coloured material as marked in red on the approved plans (Levels 1 and 2) to complement the adjoining Heritage Conservation Area.

d) Windows are to be provided in the bedroom of units G10, G20, 110 and 210 as marked in red on the approved floor plans.

e) The approved level 4 floor plan is to be amended as marked in red to include highlight windows in the bedrooms of unit nos. 402 and 405 orientated towards the northern and southern boundary. The balcony areas as marked in red are to be non-trafficable.

f) Unit G04 is to be reconfigured to a 2 bedroom unit with a balcony minimum size of 12m².

3. Removal of Trees

This development consent permits the removal of tree(s) numbered T1, T2, T3, T4, T6, T7, T8, T9, T10, T12, T13, T14, T15, T16, T17, T18, T19, T20, T21, T22 & T23 as identified in the Arboricultural Impact Report, prepared by Landscape Matrix, dated 10 September 2015.

4. 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.

Details of the Project Arborist are to be submitted to Council and the PCA prior to the issue of a Construction Certificate.

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	$39,600.85
Open Space and Recreation	$689,202.55
Community Facilities	$96,106.45
Plan Preparation and Administration	$2,866.25
TOTAL	$827,776.10

being for 53 additional dwellings in lieu of two existing dwellings.

b) The value of this contribution is current as at 18 November 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.

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

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

6. 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.

REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

7. Building Code of Australia

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

8. Contract of Insurance (Residential Building Work)

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

9. Notification of Home Building Act, 1989 Requirements

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

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

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

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

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

i) The name of the owner-builder; and

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

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

10. 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. 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.

12. Dilapidation Report

A ‘Dilapidation Report’ is to be prepared by a ‘chartered structural engineer’ detailing the structural condition of the adjoining properties at Nos. 64, 66 and 68 Essex St, No. 21 Forest Grove and No. 9A Maida Road Epping.

13. Adaptable Units and Letter Boxes

a) The details of all adaptable units must be provided with the Construction Certificate Plans.

b) The details of all letter boxes must be provided with the Construction Certificate Plans.

14. Allocation of Resident Storage Areas

Storage areas are to be allocated internally to each unit to comply with the Residential Flat Design Code 6m³ (Min) for 1 bedroom unit, 8m³(Min) for two bedroom units and 10 m³ (Min) for 3 bedroom units. 50% is to be accessible from the apartments.

15. Disabled Parking

All parking for people with disabilities is to comply with AS/NZS 2890.6:2009 Off-street parking for people with disabilities. Space no. 65 in basement 1 is to be relocated and provided with an appropriate shared area not including the aisle.

16. Bicycle Parking

Bicycle parking spaces are to be designed in accordance with AS 2890.3-1993 Bicycle parking facilities. One additional bike rack is to be provided for visitor use.

17. Motorcycle Parking

Two motorcycle spaces are required to be provided. Motorcycle parking spaces are to be designed in accordance with AS 2890.5-1993.

18. Construction Traffic Management Plan

A Construction Traffic Management Plan (CTMP) is to be submitted to Council and approval given prior to the issue of a Construction Certificate. The Plan should assess traffic impacts associated with construction works on public roads and must include:

a) Site location

b) Scope of works

c) Order of construction works

d) Identification of traffic hazards during all stages of works

e) Identification of potential risks during all stages of works

f) A map of the State and local roads in the proximity of the development

g) A map of truck routes to and from the development site during all stages of works

h) A map of existing parking restrictions in the proximity of the development

i) Hours of operation

j) Frequency of truck movements on a daily basis during all stages of works

k) A map of the access arrangements onto the development site during all stages of works

l) Swept path diagrams

m) Consideration of Work Zones for the development site

n) Consideration of mobile crane movements

o) Location of temporary hoardings, fencing or awning

p) Pedestrian and cyclist access and safety.

19. Construction Management Plan

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

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

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

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

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

20. Identification of Survey Marks

A registered surveyor must 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".

21. Diversion of Council Stormwater Pipe

The existing Council’s drainage line passing through the development site is to be replaced by a reinforced concrete culvert of minimum 2m wide in accordance with Flood Report by Martens, Associates PTY Ltd, Dated 19th October 2015 Council document No D06727510 and the plans, Project No P1504642, Drawings SK A001 to A008 dated 19 October 2015 and Drawing PS01- D200-C Dated 19 October 2015 and adhere to the following conditions:

a) The construction of the culvert shall be carried out prior to commencement of any building works.

b) A construction certificate is to be submitted to Council for approval of the culvert construction.

c) The works are to be carried out in a manner so that no adverse impacts are created on neighbouring properties. Consents from neighbouring property owners are to be taken to carry out any works from those properties (if necessary).

d) No trees are to be planted within the easement.

Note: Council is the only authority that can issue a construction certificate for construction of a stormwater line that is to be maintained by Council.

22. Stormwater Drainage

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

a) Connected directly to a pit of Council’s drainage system.

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

23. 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.

f) An overflow/escape path shall be incorporated in the design.

24. Water Quality/Bio Retention System

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

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.

25. 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) Design levels at the front boundary must be obtained from Council for the design on the internal driveway;

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

c) The footway area must be restored by turfing;

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

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

26. Internal Driveway/Vehicular Areas

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

a) Design levels at the front boundary shall be obtained from Council if a private accredited certifier is engaged to obtain a construction certificate for these works.

b) The driveway be a rigid pavement.

c) Conduit for utility services including electricity, water, gas and telephone be provided. All existing overhead assets including electricity and telecommunications cabling shall be relocated underground at no cost to Council. A certificate from an appropriately licensed contractor shall be submitted to the principal certifying authority certifying that the service conduits have been installed in accordance with the relevant utility provider and Australian Standards.

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

27. Road Works- Footpath and Kerb and Gutter

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

a) The existing concrete footpath is removed and a new concrete footpath constructed within the road verge with the remaining area turfed along the full frontage of the development.

b) The existing kerb and gutter along the frontage of the property shall be removed and a new concrete kerb and gutter constructed.

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

28. Waste Management Details

The following waste management requirements must be complied with:

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

b) The waste facilities on each residential level must comfortably house the garbage chute and one 240 L recycling bin. (Note: a 240 L recycling bin is 600 mm wide by 750 mm deep; allow for ease around the bin – 75 mm is recommended).

c) The waste facilities on each residential level must be accessible by persons with a disability.

d) The chute system must be fitted with a 4 x 660 L bin carousel to automatically change the bins under the chute when they become full. Compaction is not required.

e) The ventilation system for the bin room at the lower ground level must be designed to prevent air flow from the bin room to the lower ground lobby areas.

f) The door to the bulky waste storage room should open outwards.

g) The first 6 m of the driveway must have a gradient no steeper than 1:20. For the first 6 m of driveway, lane separation must not be by raised median (line marking and/or rumble bars are acceptable). The car park security access point must not be located within the first 6 m of the driveway.

h) The opening between the bin collection area and the driveway must be no less than 1.5 m wide smooth hard surface and must not include any steps.

i) A 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:

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

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

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

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

29. 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".

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

30. Erection of Construction Sign

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

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

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

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

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

31. Protection of Adjoining Areas

A temporary hoarding, fence or awning must be erected between the work site and adjoining lands before the works begin and must be kept in place until after the completion of the works if the works:

a) Could cause a danger, obstruction or inconvenience to pedestrian or vehicular traffic.

b) Could cause damage to adjoining lands by falling objects.

c) Involve the enclosure of a public place or part of a public place.

Note: Notwithstanding the above, Council’s separate written approval is required prior to the erection of any structure or other obstruction on public land.

32. Toilet Facilities

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.

33. 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.

34. Tree Protection Requirements

a) The Project Arborist must oversee and provide certification for the installation of all tree protection measures as specified in this consent.

b) Certification must be provided by the Project Arborist to the Principal Certifying Authority stating that all required tree protection measures have been installed in accordance with AS 4970-2009 Section 5.3.2.

35. Tree Protection Zone Fencing (TPZ)

a) Tree protection fencing must be installed around trees numbered T11, T25, T26, T27 & T28 at the distances determined by AS 4970-2009 Section 3.

b) Where tree protection fencing cannot be located at the perimeter of the Tree Protection Zone, appropriate ground and crown protection must be provided in accordance with AS 4970-2009 Section 4.5 under the direction of the project arborist.

c) Tree Protective Fencing must be installed in accordance with AS 4970-2009 Sections 4.3 and 4.4

d) Maintenance of the Tree Protection Zones must be carried out in accordance with AS 4970-2009 Section 4.6 for the duration of this consent.

REQUIREMENTS DURING DEMOLITION AND CONSTRUCTION

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

37. 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.

38. 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.

39. 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.

40. Street Sweeping

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

41. 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.

42. 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.

43. Survey Report – Finished Floor Level

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

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

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

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

44. Traffic Control Plan Compliance

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

45. 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.

46. 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.

47. Maintenance and Monitoring of Tree Protection

All Tree Protection Zones must be monitored by the Project Arborist in accordance with AS 4970 2009 Section 5.4.

48. Works within Tree Protection Zones

a) All works must be approved by the Project Arborist.

b) Root/ground protection must be provided in accordance with AS 4970-2009 Section 4.5.4

c) Underground services must be installed in accordance with AS 4970-2009 Section 4.5.5.

d) All scaffolding must be installed in accordance with AS 4970-2009 Section 4.5.6.

e) Root pruning outside a trees Structural Root Zone must be carried out in accordance with AS 4970-2009 Sections 3.3.4, 4.5.4 and 4.5.5.

f) Activities within the Tree Protection Zone must comply with AS 4970-2009 Section 4.2.

g) Where works have been undertaken within the Tree Protection Zone of a tree the Project Arborist must assess the condition of tree(s) and the growing environment and make recommendations for, and carry out remedial actions where there is evidence of:

i) A general decline in health and vigour

ii) Damaged, crushed or dying roots

iii) Excessive (>10%) loss or dieback of roots, branches and foliage

iv) Mechanical damage or bruising of bark and timber of roots, trunks and branches

v) Yellowing of foliage of thinning of canopy uncharacteristic of the species

vi) An increase in the amount of deadwood not associated with normal growth

vii) Inappropriate increase in the development of epicormic growth and/or the presence of sucker growth on the trunk

viii) Branch drop, torn branches and stripped bark not associated with natural climate conditions.

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.

49. Fulfilment of BASIX Commitments

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

50. Installation of Privacy Devices at the Eastern Façade

The following devices must be installed on the eastern façade to maintain and element of privacy towards the adjoining properties:

a) All balconies on Levels 1-3 on the eastern façade are to include fully stackable louvered privacy screens for the full length of the balcony.

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

c) All glass balustrade balconies on the eastern elevation are to include obscure glazing.

51. Retaining Walls

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

52. Unit Numbering

All units are to be numbered consecutively commencing at No.1. The strata plan lot number is to coincide with the unit number, e.g. unit 1 = lot 1. The allocation of unit numbering must be authorised by Council prior to the numbering of each unit in the development.

53. Parking Allocation

The six groups of tandem parking is to be allocated to the six three bedroom units, G04, G05, 308, 309, 402 and 405 on the approved plans.

54. 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.

55. Damage to Council Assets

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

56. Fencing

A 1.8m fence is to be provided around the proposed open channel on the northern boundary as marked in red on the approved Concept Drainage Plan PS01 – D200 Revision C prepared by Martens Pty Ld. dated 19 October 2015.

57. Planter Boxes / On Slab Planting

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

58. Street Tree Plantings

Planting to the front verge is to include 3 x Tristaniopsis laurina (Water Gum). Street trees are to be installed in minimum 100 litre pot size, with stakes and ties for a period of establishment and set within a mulched bed, which is to be maintained into the future.

59. Completion of Landscape Works

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

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

60. Certification

Following the final inspection and the completion of any remedial works, the Project Arborist must submit to the Principal Certifying Authority documentation stating that the completed works have been carried out in compliance with the approved plans and the relevant conditions of consent.

61. 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.

62. 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.

63. 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 the provider must be submitted to the PCA that the fibre optic cabling provided for the development complies with MDU Building Design Guides for Development.

64. 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, culvert, driveways, on-site detention and water quality treatment systems. The plan(s) must be accompanied by a certificate from a registered surveyor certifying that all pipelines and associated structures lie wholly within any relevant easements.

65. Certificate of Preservation of Survey Marks

66. Waste Management Details

The following waste management requirements must be complied with:

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

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

b) The garbage room at the lower ground levels 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.

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

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

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

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

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.

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

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

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

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

Note: Ramps between different levels are acceptable.

g) Access to the automatic waste volume handling equipment (4 x 660L bin carousel) by unauthorised persons (including residents and waste collectors) must be prevented.

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

h) A bin lifter must be provided in the lower ground bin room to enable the site caretaker to safely decant the 240L garbage bins from the lower ground level waste facilities into the 660L garbage bins.

67. Creation of Easements

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

a) A drainage easement 3 metres wide over the constructed culvert alignment in favour of Council and in accordance with the terms set out in Memorandum B5341305V filed with the NSW Department of Lands.

b) A restriction over the flow path for a 100 year average recurrence interval storm. The "Restriction on the Use of Land" over the affected lots is to prohibit the alteration of the final floodway shape and the erection of any structures, including fencing, in the floodway without the written permission of Council. The terms of this restriction must be obtained from Council.

c) 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.

d) 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 treatment 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.

68. 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.

69. Completion of Works and Compliance Certificate

All engineering works identified in this consent are to be completed and a Compliance Certificate issued prior to the release of occupation permit.

OPERATIONAL CONDITIONS

70. 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.

71. 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).

72. Ongoing Car Parking Requirements

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

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

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

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

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

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

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

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

h) All parking for people with disabilities is to comply with Australian Standard AS/NZS 2890.6:2009 – Off Street Parking for People with Disabilities;

i) Bicycle parking spaces are to be designed in accordance with Australian Standard AS 2890.3:1993 – Bicycle Parking Facilities;

j) Motorcycle parking spaces are to be designed in accordance with Australian Standard AS 2890.5:1993; and

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

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

74. 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.

- 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.

House/Unit 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. PL85/15

Planning Division

Date of Meeting: 9/12/2015

8 DEVELOPMENT APPLICATION - FIVE STOREY RESIDENTIAL FLAT BUILDING COMPRISING 34 UNITS - 433-437 PACIFIC HIGHWAY, ASQUITH

EXECUTIVE SUMMARY

DA No:	DA/956/2014 (Lodged 25 August 2014)
Description:	Demolition of existing structures and erection of a five storey residential flat building comprising 34 units with basement car parking
Property:	Lot 18 DP 12901, Lot 1 DP 121868 and Lot 20 DP 662750, Nos. 433 - 437 Pacific Highway, Asquith
Applicant:	MacKenzie Architects International
Owner:	Pool Doctor Services Pty Ltd, Eagle Constructions Pty Ltd and Mitoba Pty Ltd
Estimated Value:	$6,751,200
Ward:	A

· The application involves demolition of existing structures and the erection of a five storey residential flat building comprising 34 units with basement car parking. The proposal involves road works and landscaping to Mittabah Road reserve and flood mitigation works in association with the development.

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

· It is recommended that the application be approved as a deferred commencement requiring owner’s consent for drainage works within the adjoining property to the west, submission of a Geotechnical report, structural drawings and survey plans to the satisfaction of RailCorp.

RECOMMENDATION

THAT Development Application No. DA/956/2014 for demolition of existing structures and erection of a five storey residential flat building comprising 34 units with basement car parking at Lot 18 DP 12901, Lot 1 DP 121868 and Lot 20 DP 662750, Nos. 433-437 Pacific Highway, Asquith 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. PL85/2015.

BACKGROUND

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

The subject application was lodged with Council on 25 August 2014.

Council raised concerns regarding flooding impacts, catchment flows, access from Mittabah Road, setbacks and landscaping issues relating to the initial proposal and sent letters requesting additional information on 2 September 2014, 1 October 2014 and 15 October 2014.

On 3 December 2014, a meeting was held between the Council officers and the applicant to discuss the proposed access and the documentation required to address the flooding concerns.

Following the meeting, the applicant submitted concept plans for landscaping Mittabah Road and Council provided comments regarding the proposed landscaping works in January 2015. Council provided details of road work standards to the applicant in April 2015.

On 17 July 2015, amended plans were submitted to Council including details of Mittabah Road reserve road works, landscaping works and associated drainage works.

Further amended plans were lodged on 7 September 2015 addressing concerns regarding the design of the development including an amended flood study.

On 5 November 2015, a meeting was held between Council officers and the applicant to discuss concerns raised by Council regarding drainage and the submitted flood study. In response, the applicant submitted an amended flood study on 16 November 2015 that addressed Council’s concerns.

SITE

The corner site comprises three allotments, Nos. 433, 435 and 437 Pacific Highway located on the western side of the road at its intersection with an unformed section of Mittabah Road. The site is irregular in shape, has an area of 1873 m² with a 44m frontage to the Pacific Highway and 38m frontage to Mittabah Road. The site has a slope of 3.7% from the south-eastern (front) corner to the north-western corner (Mittabah Road).

Existing improvements on the allotments include three dwelling-houses with associated garages and carports. Vehicular access to the site is via existing driveways from the Pacific Highway and Mittabah Road (No. 437).

The site contains a number of exotic trees.

The footpath in front of the site is at a lower level than the Pacific Highway carriageway and slopes downward to the north. A wide verge extends across both the frontages of the site. The section of Mittabah Road fronting the site is an informal road at a lower level than the Pacific Highway with a grass verge separating the two roads. Currently, No. 437 and No. 439 Pacific Highway are accessed from this road.

A 750mm diameter stormwater pipe runs diagonally across the site (expanding to 0.85m then 0.60m along the western boundary of 435 Pacific Highway) within an existing drainage easement which extends from the south eastern corner to the north western corner of the site connecting to the existing pipeline within Mittabah Road. This section of the site is affected by flooding.

The surrounding developments include single and two storey residential dwellings. However, the site forms part of a redevelopment precinct which is zoned for five storey development and is ongoing transition. The following development applications, relating to properties in the near vicinity of the site, have been approved or, are under assessment:

· DA/186/2014 for construction of a five storey residential flat buildings comprising 33 units with basement car parking at Nos. 427-431 Pacific Highway was approved by Council on 9 July 2014.

· DA/1114/2013 for construction of a five storey residential flat buildings comprising 25 units with 2 levels of basement car parking at Nos. 439-441 Pacific Highway (northern side of Mittabah Road) is currently under assessment.

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

PROPOSAL

The Development

The proposal involves the demolition of existing structures and construction of a five storey residential flat building with mezzanine comprising 34 units with 2 levels of basement car parking.

The unit mix would comprise 5 x 1 bedroom, 25 x 2 bedroom and 4 x 3 bedroom units. The units would be accessed via a lift centrally located in the building and would include balconies fronting the street, rear and side property boundaries.

The development would be accessed from Mittabah Road via a driveway entrance located on the northern boundary of the site. A separate pedestrian entry centrally located at the front of the property would provide access to all levels of the building via a landscaped pathway from the Pacific Highway. A total of 41 car parking spaces, including 5 visitors’ parking spaces, bicycle and motorbike parking spaces are proposed in two basement levels.

Drainage Works

The development proposes to relocate the existing pipeline and drainage easement along the southern and eastern boundaries of the site. The proposed pipeline, the associated easement and the re-graded area of the site along the southern and eastern boundaries would contain the 100 year ARI overland flow, clear of the building footprint. The pipeline would be upgraded to a 1200mm diameter pipe and connect to the existing easement within Nos. 34 and 34A Lords Avenue (Lots 1 and 2 DP 868746) at the northern boundary and then to the existing pit within Mittabah Road. Upgrading of pipelines within Nos. 34 and 34A Lords Avenue would be required.

The southern section of the building is located at a higher level to maintain a freeboard above the flood levels. This results in units at the south-eastern corner of the building to be at split-level.

Road Works

The development proposes access via Mittabah Road. The following works are proposed to facilitate access via the existing informal road reserve:

· Construction of the section of Mittabah Road between Lords Avenue and the Pacific Highway with a minimum carriageway width of 7.5m (from kerb to kerb);

· A public footpath to be constructed on one side of the road;

· A cul-de-sac end with a 15m diameter is to be provided in front of the site;

· Landscaping works at the eastern end of the cul-de-sac with planting, ground cover, seating and shelters; and

· Street lights on the road reserve.

ASSESSMENT

1. STRATEGIC CONTEXT

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

The proposed development would be consistent with ‘A Plan for Growing Sydney’, by providing 31 additional dwellings and would contribute to housing choice in the locality.

2. STATUTORY CONTROLS

2.1 Hornsby Local Environmental Plan 2013

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

2.1.1 Zoning of Land and Permissibility

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

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

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

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

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

2.1.2 Height of Buildings

2.1.3 Heritage Conservation

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

2.1.4 Earthworks

Clause 6.2 of the HLEP states that consent is required for proposed earthworks on site. Before granting consent for earthworks, Council is required to assess the impacts of the works on adjoining properties, drainage patterns and soil stability of the locality. The site adjoins residential properties to the west and south of the site and the Pacific Highway to the east. However, the proposal would involve excavation works within 25m of the rail corridor. RailCorp has agreed to apply a deferred commencement condition requiring the submission of a final Geotechnical Report based on actual borehole testing conducted on the site closest to the rail corridor.

The proposal is satisfactory subject to conditions regarding submission of a dilapidation report assessing the impact of the excavation on the adjoining properties to the west.

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

The application has been assessed against the requirements of State Environmental Planning Policy No. 55 (SEPP 55). This Policy provides State-wide planning controls requiring 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.

It is also noted that due to the age of the existing fibro clad dwelling houses, there is potential for the existing building to contain asbestos. Appropriate conditions are included to require all asbestos to be removed from the site appropriately. Furthermore, taking into account the significant excavation required to accommodate the proposed basement car park, much of the existing soil would be removed from the site in any event.

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

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

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

The application has been assessed against the requirements of SEPP 32, which requires Council to implement the aims and objectives of this Policy to the fullest extent practicable when considering development applications relating to redevelopment of urban land. The application complies with the objectives of the Policy as it would promote 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 within 25m of a rail corridor and has a frontage to a classified road corridor (Pacific Highway). The following matters are required to be considered pursuant to the SEPP.

2.5.1 Excavation Adjacent to Rail Corridors

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

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

2.5.2 Development with Frontage to a Classified Road

The proposal has been assessed against the requirements of Clause 101 as the site has frontage to the Pacific Highway.

The objective of this Clause is:

(a) to ensure that new development does not compromise the effective and ongoing operation and function of classified roads, and

(b) to prevent or reduce the potential impact of traffic noise and vehicle emission on development adjacent to classified roads.

The compliance of the proposal with the objectives of this Clause is discussed below.

2.5.2.1 Frontage to Classified Road

The site has a frontage to the Pacific Highway. However, access to the site is provided off a local road. A Traffic and Parking Impact Assessment submitted with the proposal estimates the traffic generation from the existing site and proposed development using RMS traffic generation rates. The net traffic generation is estimated to be 9 vehicle trips per hour in the AM and PM peak hours, which is negligible when compared with the traffic volumes on the adjacent road network.

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

Given that the development does not propose direct access off the Pacific Highway, the application is not required to be referred to RMS. It is considered that the proposed development would not have any adverse impact on the safety, efficient and ongoing operation of the Pacific Highway.

2.5.2.2 Impact of Vehicle Emissions

The proposed development would have frontage to a State Road and the impact of vehicle emissions on sensitive land uses is required to be considered.

The current improvements on the site include dwelling houses that are impacted upon by vehicle emission and airborne dust particles due to the current traffic flow. The rezoning of the land to R4 High Density Residential pursuant to Council’s Housing Strategy has been the subject of consultation with the RMS and endorsed by the Department of Planning, who has not raised concern with regard to air quality in this area. The proposed development includes setbacks, landscaping, deep soil zones generally in accordance with the requirements of the HDCP which would ameliorate the impacts of noise and emissions. The proposed development would result in the net increase of 9 vehicles during peak hours and therefore, the additional impact due to vehicle emission would be negligible.

Given that the proposed development does not significantly alter the current traffic conditions, no further assessment in this regard is necessary.

As such, the design of the development responds to the site context, being in the vicinity of a busy road and is designed in accordance with the recommendations with the document “Development Near Rail Corridors and Busy Roads – Interim Guidelines 2008”. This includes setbacks, landscaping and deep soil zones that would ameliorate the impacts of noise and emission related impacts.

The application is assessed as satisfactory in this regard.

2.5.3 Impact of Noise

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

2.5.4 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. Consequently, the proposal was not referred to RMS with regard to traffic generation.

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

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

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

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

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

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

2.6.2 Design Principles

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

Principle	Compliance
1. CONTEXT	Yes
Comment: The site is located within a precinct planned for five storey residential flat buildings in close proximity to Asquith Railway Station. The proposal responds to the desired future character of the precinct as envisaged by Council for residential flat buildings in landscaped settings with underground car parking. Once the development of the precinct is complete, the proposal would integrate with the surrounding sites and would be in keeping with the future urban form. The proposed building would contribute to the identity and future character of the precinct.
2. SCALE	Yes
Comment: The scale of the development is in accordance with the height control and setbacks for the precinct prescribed within the HDCP. The building footprint follows the irregular shape of the site and is clear of the overland flow path, whilst proposing two distinct pavilions and responds to the site constraints. 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 the perceived bulk and height of the building as required by the HDCP.
4. DENSITY	Yes
Comment: The HLEP does not incorporate floor space ratio requirements for the site. The density of the development is governed by the height of the building and the required setbacks. The proposed density is considered to be sustainable as it responds to the regional context, availability of infrastructure, public transport, community facilities and environmental quality and is acceptable in terms of density.
5. RESOURCE, ENERGY AND WATER EFFICIENCY	Yes
Comment: The applicant has submitted a BASIX Certificate for the proposed development. In achieving the required BASIX targets for sustainable water use, thermal comfort and energy efficiency, the proposed development would achieve efficient use of natural resources, energy and water throughout its full life cycle, including demolition and construction.
6. LANDSCAPE	Yes
Comment: The application includes a landscape concept plan which provides landscaping along the street frontages, side and rear boundaries. Large trees are proposed along the Pacific Highway frontage 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 that 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 Mittabah 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 HDCP by providing a component of adaptable housing and a mix of 1, 2 and 3 bedroom dwellings. The proposal responds to the social context in terms of providing a range of dwelling sizes with good access to social facilities and services as the site is located in close proximity to Asquith 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 HDCP.

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

Residential Flat Design Code
Control	Proposal	Requirement	Compliance
Deep Soil Zone	26%	25%	Yes
Communal Open Space	10.6%	25%	No
Ground Level Private Open Space	25m² Min Dimension 2m	25m² Min Dimension 4m	Yes No
Minimum Dwelling Size	1 br – 50m²-65m² 2 br – 71m²-87m² 3 br – 98m²-112m²	1 br – 50m² 2 br – 70m² 3 br – 95m²	Yes Yes Yes
Maximum Kitchen Distance	8m	8m	Yes
Minimum Balcony Depth	2.5m	2m	Yes
Minimum Ceiling Height	2.8m	2.7m	Yes
Total Storage Area	1 bed - 6m³ (Min) 2 bed - 8m³(Min) 3 bed - 10m³ (Min) 50% accessible from the apartments	1 bed - 6m³ (Min) 2 bed - 8m³(Min) 3 bed - 10m³ (Min) 50% accessible from the apartments	Yes Yes Yes Yes
Dual Aspect and Cross Ventilation	70.5%	60%	Yes
Adaptable Housing	32.3%	10%	Yes

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

2.7.1 Ground Floor Apartments and Private Open Space

The proposal does not comply with the Code’s best practice for the 4 metre minimum width dimension to the ground level private open space of a number of units. The non-compliance is in response to the requirement of the HDCP for a 7m common landscaped area fronting the Pacific Highway, deep soil zone fronting Mittabah Road providing a landscape setting for the development and the overland flow path to the south. 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.

Whilst all the ground floor units include courtyards in excess of 25m², they would encroach within the common landscaped areas to the rear (west) and Mittabah Road. The outcome is not considered ideal and conditions of consent recommend that the size of the courtyards be reduced. The matter is discussed in detail in Section 2.10 of this report.

2.7.2 Apartment Layout

The proposed development includes a mix of single aspect, corner and cross-over units including one, two and three bedroom apartments. The majority of units would be well ventilated and some corner units would be provided with dual aspect balconies. The RFDC requires that not more than 10% of apartments be south facing single aspect units. The proposal complies with this requirement.

As stated in the table, the development includes a varied range of unit sizes. Approximately 60% of the units would comply with the internal areas and unit configurations recommended by the RFDC guidelines. The balance of the units meets the requirements of the Code for affordable housing unit sizes.

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

2.7.3 Internal Circulation

The proposed development includes access to all floors via a lift. The internal corridors meet the Code’s requirements for the number of units accessed (up to 8) and design for amenity. The ground floor foyer would also provide direct, level access to communal open space located within the front setback of the site.

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

2.7.4 Acoustic Privacy

2.7.5 Communal Open Space

The non-compliance is discussed in Section 2.10 of this report.

2.7.6 Storage

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

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

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

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

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

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

2.10 Hornsby Development Control Plan 2013

Hornsby Development Control Plan 2013
Control	Proposal	Requirement	Compliance
Site Width	44m – Pacific Highway 38m – Mittabah Road	30m	Yes
Height	5 storeys including mezzanine – 17.5m	5 storeys – 17.5m	Yes
Maximum Floorplate Dimension	36m (N/S) 22m ( E/W)	35m 35m	No Yes
Building Indentation	4m x 4m	4m x 4m	Yes
Height of Basement Above Ground	1m – 1.2m	1m (max)	No
Front Setback (Pacific Highway)	10m 8m (for 11.6m) < 1/3 frontage 7m (balconies)	10m 8m (for 12m) < 1/3 frontage 7m (balconies)	Yes Yes Yes
Side Setback (Mittabah Road)	6m 4m (for 3m) < 1/3 frontage 4m (balconies)	6m 4m (for 7.3m) < 1/3 frontage 4m (balconies)	Yes Yes Yes
Rear	10m 8m (for 7m) < 1/3 frontage 7m (balconies)	10m 8m(for 12m) < 1/3 of frontage 7m (balconies)	Yes Yes Yes
Side Setback (South)	6m – 8m 4m (for 8m) < 1/3 frontage No balconies	6m 4m (for 7.3m) < 1/3 frontage 6m (balconies)	Yes No N/A
Top Storey Setback from Ground Floor	3m	3m	Yes
Underground Parking Setback	7m-Pacific Highway 7m-rear 6m-Mittabah Road 4m – 6m-side (south)	7m-front 7m-rear 4m-side 4m-side (south)	Yes Yes Yes Yes
Basement Ramp Setback	3m	2m	Yes
Deep Soil Landscaped Areas	7m- Pacific Highway 3m – 7m - rear 6m - 4m - Mittabah Road 4m-side (west)	7m-front 7m - rear 4m side	Yes No Yes
Private Open Space	1br units >10m² 2 br units >12m² 3 br units >16m²	1br units 10m² 2 br units 12m² 3 br units 16m²	Yes
Communal Open Space with Minimum Dimensions 4m	10.6%	25%	No
Parking	35 resident spaces 5 visitor spaces 7 bicycle racks 4 visitor bicycle racks 1 motorbike space	36 resident spaces 5 visitor spaces 7 bicycle racks 4 visitor bicycle racks 1 Motorbike space	Yes Yes Yes Yes Yes
Solar Access	71.4%	70%	Yes
Housing Choice	1br – units – 14.7% 2br – units – 73.5% 3br – units – 11.8%	10% of each type (min)	Yes
Adaptable Units	32.3%	30%	Yes

2.10.1 Desired Future Character

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

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

2.10.2 Site Requirements

The HDCP requires sites to have a minimum frontage of 30 metres. The subject site complies with this requirement. The development would not result in isolation of any site.

2.10.3 Height

It is noted that a minor section of the ground floor (unit 6 courtyard) along the western elevation would be 1.2m above the natural ground to accommodate the flood levels and the free board. The non-compliance is minor and would not impact on the streetscape. Accordingly, it is acceptable.

2.10.4 Setbacks

As noted in the table above, the proposal generally complies with most of the building setback controls. The front setback requirements have been applied to the Pacific Highway frontage and the side setback requirements have been applied to the Mittabah Road frontage. This would ensure that the buildings along the Pacific Highway maintain similar setbacks to the road reserve. The compliance of the proposal with the setback prescriptive measures within the HDCP is discussed below.

Mittabah Road

The front setback requirements have not been applied to the unformed Mittabah Road frontage in accordance with the requirements of HDCP. However, the frontage of the site to Mittabah Road would adjoin the landscaped section of the reserve. Therefore, the front setback requirements would not strictly apply to this boundary as the encroachment would not have any adverse impact on the streetscape. The proposed setbacks would also have no adverse impact on the privacy or amenity of adjoining properties. The setbacks cannot be increased due to the location of the overland flow path along the southern boundary, which dictates the building footprint to the south and west. Generous landscaping with canopy trees intercepted by shrubs and hedges is proposed along the northern boundary to screen the development.

Southern Side Setback

As noted in the above table, more than 1/3 of the building length would encroach within the stipulated 4m setback. This is considered acceptable due to the following reasons:

· The numerical non-compliance is minor as an 8m building length encroachment is proposed instead of the required 7.3m building length;

· The additional building length would be along the side façade and cannot be perceived from the public domain;

· The building footprint along the southern boundary follows the overland flow path, being clear of the flood prone area. To achieve this, the building is irregular in shape with the southern setbacks varying between 4m – 8m. Given that the site is constrained by flooding, the minor encroachment is acceptable; and

· The encroachment would not have any adverse impacts on the privacy of the occupants of a future five storey development to the south of the site as no balconies or full height windows are proposed.

The proposal complies with the intent of the prescriptive measures of the HDCP which is to provide for landscaping, open space and separation between buildings.

Top Storey Setbacks

The HDCP requires 5 storey residential flat buildings to incorporate a 3m additional setback for the top storey on all elevations. The majority of the development complies with the top storey setback requirement except the sections of the building with the 4m x 4m indents. The non-compliance with the top storey setback relates to a minor section of the building when compared to the overall scale of the development. These sections of the building have a setback of 11m – 12m from the respective boundaries. Notwithstanding the non-compliances, the building appears as two pavilions, accentuated by the roof form.

2.10.5 Built Form and Separation

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

Building Separation

The RFDC and HDCP require a building separation of 12m between unscreened habitable areas or balconies increasing to 18m from the fifth level between residential buildings on adjoining sites. Accordingly, all proposed developments are required to provide half of the building separation, as setbacks from boundaries.

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

Ground level courtyards for Unit 6, located above the driveway would have a setback of 3m from the western boundary. Conditions of consent require planter boxes along the western elevation of this courtyard to alleviate overlooking opportunities due to the encroachment of the private open space area within 6m of the side boundary.

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

Floor-Plates

The proposed building would have a maximum floor-plate of 36m fronting the Pacific Highway and 22m floor plates fronting Mittabah Road and the southern boundary. The floor plate dimensions fronting Pacific Highway do not comply with the HDCP. The non-compliance is acceptable for the following reasons:

· The non-compliance is minor when compared to the overall scale of the development. Strict compliance with the HDCP prescriptive measures would not achieve a superior design outcome for the site;

· The building envelope follows the shape of the site and proposes appropriate setbacks on the northern and southern sides;

· To reduce the visual impact, the façade is highly articulated including a 4m x 4m indent;

· The building is well articulated along this elevation by projecting balconies, wall offsets and corner windows; and

· The building design achieves the pavilion effect and is considered a reasonable design outcome for the site.

Once the precinct is redeveloped and the adjoining buildings on the northern side are constructed, the non-compliance would not be perceived from the public domain. Accordingly, the non-compliance is accepted.

Articulation

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

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

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

· The building would incorporate a varied use of finishes including facebrick, acrylic render paint finishes, metal cladding, timber louvers and a dark toned colour palette with lightweight balconies.

The design of the floor-plate, the proposed indentations and the articulation of the facades are in accordance with the “Design” element of the HDCP.

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 along the two street frontages and the southern boundary. However, it is noted that the driveway ramp would encroach within the 7m rear setback on the western boundary. The width of the deep soil landscaped area along this boundary would be 3m along the entire building length.

The non-compliance has resulted due to the location of the driveway, being at the lowest point of the site. Accordingly, the reduction in the deep soil zone along this boundary is considered acceptable.

The submitted landscape plan proposes medium to large sized native trees and shrubs along the western boundary and the south-western corner. Council’s assessment in this regard concludes that the number of large trees within the rear setback would impede water flow in the future and therefore should be reduced. Further, no understorey vegetation should also be permitted within the overland flow path. Conditions of consent recommend that the landscape plan be amended in accordance with this requirement.

2.10.7 Open Space

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

· Ground level courtyard for Unit 3 would encroach into the common open space fronting Pacific highway, to achieve compliance with the requirements of RFDC (25m² ground level private open space area). This is not consistent with the desired outcome within the HDCP that requires common landscaped areas fronting the street. Further, given the extent of regraded area to contain the overland flow, the additional courtyard area cannot be utilised and no access is permitted via stairs. Consequently, a condition of consent requires that the courtyard be setback 7m from the front boundary and no access be provided to the landscaped area.

· Courtyards for Units 4 and 5 also include extended areas within the overland flow paths connected via stairs. This is not considered acceptable and conditions of consent recommend deletion of the steps and the lower level courtyard areas.

· The courtyards fronting Mittabah Road (Units 1 and 7) would encroach within the common setback area between the building and the landscaped reserve. Conditions of consent recommend that these sections of the courtyards be excluded and common landscaped areas provided acting as a buffer between the units and the public reserve.

· Given the extent of the overland flow path to the south and east of the site, these areas are not suitable to be utilised as communal recreational spaces. The site cannot utilise the rear setback as a communal open space area due to the location of the easement and the driveway. As a result, the common open space is proposed to be located primarily within the north-eastern corner of the site, constituting 10.6% of the site area. Satisfactory peripheral planting has been proposed to retain the privacy of this space. Whilst this does not comply with the requirements of the RFDC and the HDCP, it is considered acceptable due to the site constraints. The site would adjoin the landscaped area of the Mittabah Road reserve which is readily accessible form the site. It is anticipated the residents could utilise this area for open space activities in the future, compensating the loss of communal area within the site.

2.10.8 Privacy and Security

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

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

2.10.9 Sunlight and Ventilation

The HDCP requires that at least 70% of dwellings should receive 2 or more hours of sunlight to the living room windows and private open space. In this regard, the applicant has submitted hourly solar access diagrams demonstrating solar access for individual units. 71.4% of the units would receive 2 hours of direct sunlight to the living room windows and private open space and comply with the above requirement.

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

2.10.10 Housing Choice

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

2.10.11 Vehicular Access and Parking

The proposed basement car park is over two levels and is accessed via a 6m wide driveway from Mittabah Road. The development proposes to extend Mittabah Road from Lords Avenue to the frontage of the site to facilitate access.

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

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

2.10.12 Waste Management

The proposal includes a waste management plan with details of waste management during the demolition phase and the construction phase of building works. The site will require 3 x 660 litre garbage bins serviced two times per week, 8 x 240 litre recycling bins serviced weekly and 1 x 660 litre paper/cardboard bin.

An accessible garbage room with a chute and a recycling bin has been proposed at each residential level. A garbage room is proposed at the upper basement level below the chute. The garbage room would require a volume handling equipment being 5 x 250 litres bin carousel (equivalent of 2 x 660 litres). A bulky waste storage area (8 sqm) is proposed to adjoin the garbage room at the basement.

A separate ground level bin storage and collection area is proposed at the north-western corner of the site fronting Mittabah Road. A site caretaker would cart the bins up the ramp to the collection area. The waste collection vehicle (being a Small Rigid Vehicle) would reverse on to the truck standing area and egress in a forward direction. The collection area is sufficiently separated from the ground floor units and would not result in adverse amenity impacts due to noise and odour.

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

2.10.13 Lords Avenue, Asquith Precinct

The strategy for redevelopment of this precinct is to incorporate five storey residential flat buildings in garden settings with parking in basements. Following redevelopment of properties along Mittabah Road, the street is to be closed to traffic and a park established.

The development would provide for a landscaped setting and a built-form that is consistent with the desired future outcome for the Lords Avenue, Asquith Precinct. However, access to the site is proposed off Mittabah Road which does not comply with the Key Development Principles Diagram for the precinct. The applicant submits the following with regard to the non-compliance:

· The site is at a lower level than the Pacific Highway, therefore the basement levels would be raised to achieve the appropriate gradient of driveway resulting in non-compliance with the 17.5 height control prescribed within the HLEP;

· The proposal facilitates access from a local street complying with the provisions of Clause 101 of the SEPP (Infrastructure);

· The applicant has pursued amalgamation with Nos. 34 and 34A Lords Avenue (to the west), to facilitate access from a local street. However, such negotiations have failed; and

· In lieu of proposing access from Mittabah Road, the applicant proposes to construct the road and also provide landscaping for the remaining section of the reserve. In this regard, a landscape plan has been submitted identifying the proposed works that would include planting, ground covers, concrete seats, timber pergolas and bbq facilities. Landscaping is also proposed along both sides of the carriageway including a pedestrian footpath and street lights.

Council has conducted a detailed assessment of the proposal with regard to access from Mittabah Road and concluded the following:

· Appropriate vehicular access cannot be provided from the Pacific Highway due to the existing levels of the site and the flooding concerns;

· Access from Mittabah Road would facilitate development on the site which is otherwise constrained;

· Currently, the road provides informal access to No. 437 Pacific Highway;

· The proposal to extend Mittabah Road is acceptable as it would provide a 7.5m wide carriageway facilitating access to Nos. 437 and Nos. 439 Pacific Highway pursuant to DA/1114/2013 and DA/956/2014. This is considered to be a reasonable outcome for the precinct without adverse impacts on the built environment of the locality. Conditions of consent recommend that the road be built to Council’s Civil Works Specifications.

· Council’s recreational needs assessment concludes that, given the size of the road reserve, it is not proposed to establish a future park at this location. Accordingly, no objections are raised regarding extension of the road and landscaping of the remaining section of the reserve, subject to conditions regarding the proposed planting, ground cover and seating. It is recommended that the bbq facilities and park shelters be deleted as this area is not to be used as a conventional park. The landscaped reserve would provide pedestrian access to Lords Avenue from the Pacific Highway and be maintained as an open space in the future.

· A condition of consent requires approval of the final landscape design by Council and completion of all works prior to the issue of an Occupation Certificate.

· It is noted that the development application DA/1114/2013 seeks approval to access the site via Mittabah Road as well. It is anticipated that the applicants for both the development sites would negotiate and share the cost of building the road and the landscaping works.

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 31 residential dwellings in lieu of the 3 existing residences. Accordingly, the requirement for a monetary Section 94 contribution is recommended as a condition of consent.

3. ENVIRONMENTAL IMPACTS

3.1 Natural Environment

3.1.1 Tree and Vegetation Preservation

The subject site and adjoining land contains exotic (exempt species) species. The proposed development does not include the removal of any significant trees. An Arboricultural Impact Report prepared by Landscape Matrix was submitted with the application, which confirms five trees would be removed from the site to facilitate the development and the drainage works. The proposal would not impact on the trees within the neighbouring properties.

A landscape plan has been submitted with the application that includes replacement planting with a range of locally native plant species with a mix of small, medium and large canopy trees, shrub layers and ground covers. The north eastern corner of the site is landscaped with dense screening, canopy trees and shrub layers acting as a buffer between the communal open space and the road reserve. Conditions of consent recommend deletion of large trees or understorey vegetation within the overland flow path. Notwithstanding, the site would include 14 large canopy trees after completion of landscape works. Subject to conditions requiring the on-going maintenance of the landscaped areas, the development would achieve a landscape setting and would be acceptable with respect to the natural environment.

3.1.2 Stormwater Management

The development would connect to the existing drainage easement via an onsite detention tank located on the south-western side to control the discharge of water from the site.

The stormwater concept plan incorporates a water quality treatment system by proposing stormwater filters. The details of the system and the associated MUSIC model, prepared by an accredited person, have been submitted and assessed as satisfactory by Council, subject to the implementation of recommended conditions of consent.

3.2 Built Environment

3.2.1 Built Form

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

3.2.2 Traffic

The site has frontages to a state road, the Pacific Highway. The impact of the traffic generated due to this proposal, on the local road network has been discussed in Section 2.5.2 of this report. The application is assessed as satisfactory in this regard.

Council has undertaken an assessment of the overall traffic impact of the redeveloped precinct on the locality. A Traffic Management Improvement Plan is included in the HDCP relating to the Asquith precinct. This includes the extension of Wattle Street to Amor Street, construction of a new roundabout at the junction of Wattle Street, Amor Street and Lords Avenue and restriction of left in, left out movements from Amor Street to Pacific Highway. These improvements have been included in the Works Schedule in Council’s Section 94 Development Contribution Plan 2012 – 2021 for implementation. These works would provide for the increase in traffic in the area and ease of traffic flow within the existing network.

3.3 Social Impacts

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

3.4 Economic Impacts

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

4. SITE SUITABILITY

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

4.1 Flooding

The application is supported by a flood study and catchment analysis. The Flood report recommends that no structures be permitted within the south-eastern corner which has a high flood risk and proposes following flood mitigation works to facilitate development on the site as follows:

· Relocate the drainage easement along the southern and western boundaries of the site, clear of the building footprint;

· The proposed pipe to be upgraded to 1200mm and be contained within a 3m wide drainage easement;

· An overland flow path be provided along the southern and eastern boundaries to contain the 1 in 100 year flood waters;

· The finished floor (FFL) of all units abutting the overland flow path maintain a 500mm free board for free flow of flood waters. The southern part of the building would be higher than the northern part and the units would be split level to accommodate the required flood levels;

· The courtyards for units 3, 4, 5 and 6 be between 900mm – 1.5m above the natural ground level to maintain the freeboard; and

· A 200mm wide variable height waterproof retaining wall with a suitable flood fence on top be provided along the relevant boundaries to avoid adverse flooding impact on the neighbouring properties in the future.

Council has conducted a detailed assessment of the submitted flood report and considers the mitigation measures to be satisfactory subject to the following recommendations:

· The pipe within the site be upgraded to 1200mm;

· A deferred commencement condition be recommended requiring owner’s consent to undertake upgrading piping works within Nos. 34 and 34A Lords Avenue;

· Access to the area of the site accommodating the easement affected be restricted by a pool type fence with lockable gates; and

· Planting of large trees or understorey vegetation not be permitted within the overland flow path.

The above requirements are recommended as conditions of consent and consequently, the application is assessed as satisfactory with regard to flooding.

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 11/09/2014 and 25/09/2014 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.

NOTIFICATION PLAN

• PROPERTIES NOTIFIED

X SUBMISSIONS

RECEIVED

PROPERTY SUBJECT OF DEVELOPMENT

One submission objected to the development, generally on the following grounds:

· Unacceptable traffic on local streets;

· Non-compliant setbacks to the boundaries, building height and building separation;

· Overshadowing impacts on properties fronting Lords Avenue;

· Impact on south-easterly winds to the houses within Lords Avenue;

· Overlooking impacts on the adjoining properties to the west;

· Impact on the adjoining properties due to excavation works; and

· Removal of significant trees with no compensatory planting proposed.

The submission also made the following observations:

· The proposed concrete retaining wall on the western boundary should be 2m in height to alleviate any noise generated due to the proposed development;

· The development proposes access from Mittabah Road which is contrary to the requirements within the HDCP;

· The Traffic Impact Statement does not take into account the cumulative traffic impacts due to redevelopment of the entire precinct. The local road network cannot accommodate the increased traffic flow;

· The cumulative impact of the developments within the precinct would adversely impact on the available public transport in the locality;

· Vehicular access along Mittabah Road would generate adverse noise impact on the adjoining properties;

· The application does not address impacts on the locality due to dust, noise and traffic disruptions during construction works; and

· Demolition works would result in adverse impact on the adjoining properties due to asbestos.

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 Privacy and Overlooking

The building complies with HDCP with regard to setbacks and building separation. Given that this is a redevelopment precinct, it is anticipated that the properties at the rear would also be developed for the purpose of 5-storey residential flat building in the future. The location of the balconies and windows would maintain appropriate levels of privacy for the future occupants of such developments.

5.1.2 Dust, Noise Control, Construction Traffic and Hazardous Materials

A Construction Traffic Management Plan has been submitted with the application addressing the impact of the development on the locality during construction works. The plan is assessed as satisfactory subject to additional conditions requiring truck access form Lords Avenue and Mittabah Road only. The final document would require approval by Council prior to the issue of the Construction Certificate.

Conditions of consent are recommended to ensure that dust suppression methods and noise control measures are undertaken during construction works. Disposal of any asbestos on site would be undertaken in accordance with recommended conditions of consent and WorkCover requirements.

5.1.3 Inadequate Infrastructure

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

The volume of on-site parking provided is in accordance with the HDCP and meets the demand of future residents plus visitors.

Cumulative impact of the redevelopment precinct on the traffic network of the locality was considered at the time of rezoning of the area. Accordingly, traffic management works have been proposed as discussed in Section 3.2 of this report. The submitted Construction Traffic Management Plan ensures that disruptions to the locality are minimised during construction works.

5.1.4 Access via Mittabah Road

Mittabah Road is currently utilised to access two properties and is a delineated road reserve. It is not considered that access via Mittabah Road would generate further significant noise impact on the adjoining properties.

5.1.5 Restriction to Wind Access

The building separation provisions allow wind access to all properties. Given that the building generally complies with the setback and building length requirements, no further assessment in this regard is necessary.

5.1.6 Fencing

The proposal includes a flood fence on top of the proposed retaining wall. A condition of consent recommends that the height of such fencing be 1.8m above ground, behind the building line. Given that the proposed use is residential, a 2m height acoustic wall is not considered necessary.

5.2 Public Agencies

5.2.1 RailCorp

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

· Detailed Geotechnical Report and Structural Drawings;

· Detailed Survey Plans; and

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

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 34 units and basement car parking. The proposal also includes flood mitigation works by relocating a drainage easement associated road works and landscaping works within the Mittabah Road reserve.

The proposed development involves access from Mittabah Road that is not in accordance with the Key Principles of ‘Lords Avenue, Asquith Precinct of the HDCP. The proposed access is considered satisfactory subject to completion of the recommended road works and landscaping works. The proposal is generally in accordance with the prescriptive measures of the HDCP and would contribute to the future desired five storey residential character of the precinct. The proposal complies with the design principles of SEPP 65 and the Residential Flat Design Code.

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

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Manager – Development 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	Landscape Plan and Mittabah Road Works
3.View	Floor Plans
4.View	Elevations and Sections
5.View	Shadow Plans
6.View	Council Pipeline Upgrading Works
7.View	Photomontage

File Reference: DA/956/2014

Document Number: D06694157

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) Consent of the owners of Lots 1 and 2 DP 868746, Nos. 34 and 34A Lords Avenue, Asquith granting permission to undertake drainage works and upgrading of Council’s pipeline within the subject properties.

b) Approval/certification from Sydney Trains as to the following matters:

i) Geotechnical and Structural report/drawings that meet Sydney Train requirements: The Geotechnical Report must be based on actual borehole testing conducting on the site closest to the rail corridor.

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

Note: The applicant is to be aware that Sydney Trains will not permit any rock anchors/bolts (whether temporary or permanent) within its land or easements.

iii) Cross sectional drawings showing the tunnel easement, tunnel location, sub soil profile, proposed basement excavation and structural design of sub ground support adjacent to rail tunnel. All measurements are to be verified by a Registered Surveyor.

iv) Detailed Survey Plan showing the relationship of the proposed developed with respect to Sydney Train easement and tunnel location.

v) An FE analysis which assesses the different stages of loading-unloading of the site and its effect on the rock mass surrounding the rail corridor (if required by Sydney Trains).

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

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

2. Approved Plans and Supporting Documentation

Plan No.	Plan Title	Drawn by	Dated
A000 G	Cover Sheet	Mackenzie Architects International	12/11/2015
DA100 G	Site, Ground and Roof Plans	Mackenzie Architects International	12/11/2015
DA 101 G	Carpark B1 + B2	Mackenzie Architects International	12/11/2015
DA102 G	First, Second and Third Level Plans	Mackenzie Architects International	12/11/2015
A103 G	Fourth and Fifth	Mackenzie Architects International	12/11/2015
A200 G	Elevations North and South	Mackenzie Architects International	12/11/2015
A201 G	Elevations East and West	Mackenzie Architects International	12/11/2015
A300 G	Section 01	Mackenzie Architects International	12/11/2015
A301 G	Section 02	Mackenzie Architects International	12/11/2015
A401 D	Adaptable units	Mackenzie Architects International	29/07/2015
SK000 - B	Cover Sheet	Martens and Associates	24/08/2015
SK001 - B	Ground Floor stormwater system	Martens and Associates	24/08/2015
SK002 - B	Basement 1 stormwater system	Martens and Associates	24/08/2015
SK003 - B	Basement 2 stormwater system	Martens and Associates	24/08/2015
SK004 - B	OSD Plan Section	Martens and Associates	24/08/2015
SK005 - B	OSD Section	Martens and Associates	24/08/2015
SK006 - B	Drains Modelling	Martens and Associates	24/08/2015
SK007 - B	Typical Drainage System	Martens and Associates	24/08/2015
104-A	Stormwater Layout Ground Level – Mittabah Road	Umbrella Civil Consulting Engineers	05/08/2015
105-A	Mittabah Road Longitudinal and Cross Sections	Umbrella Civil Consulting Engineers	05/08/2015
E20 A	Erosion and Sediment Control Plan	Australian Consulting Engineers	05/05/2015
DA-L102 A	Landscape Concept Masterplans: Community Park	Canvas Landscape Architects	17/07/2015
4128-01 E	Landscape Plan	Peter Glass and Associates	28/08/2015

Document Title	Prepared by	Dated
Plan showing levels and details	H Ramsay and Co	19/12/2013
Solar Access Study 01 – 02 C	Mackenzie Architects International	10/07/2015
DA402-A Demolition, Soil and Water Management	Mackenzie Architects International	19/08/2014
DA403-A Site analysis	Mackenzie Architects International	19/08/2014
DA500-A Shadow Diagrams	Mackenzie Architects International	19/08/2014
Revised Flood Study Rev3	Martens and Associates	19/08/2015
Additional information regarding flooding	Martens and Associates	13/11/2015
Flood and Catchment analysis plans SKA000 – SKA010 Rev A	Martens and Associates	12/11/2015
Water Quality Assessment	Martens and Associates	24/08/2015
Construction Traffic Management Plan	Auswide Traffic Engineers	August 2015
Building Code of Australia Compliance Report	Greenfield Certifiers	28/05/2014
Traffic and Parking Assessment Report	Hemanote Consultants	June 2014
Traffic and Rail Noise Assessment	Acoustic Solutions Pty Ltd	6/06/2014
Arboricultural Impact Report	Landscape Matrix	21/08/2014
Waste Management Plan	Mackenzie Architects International	9/05/2014
Statement of Compliance Access for People with a Disability Issue A	Accessible Building Solutions	05/08/2014
Statement of Environmental Effects	Think Planners	21/08/2014
Design Verification Statement	Mackenzie Architects International	10/07/2014
BASIX Certificate 561314M	Greenview Consulting Pty Ltd	13/08/2014
Schedule of Materials and Finishes	Mackenzie Architects International	Received on 15/07/2015

3. Removal of Existing Trees

a) This development consent permits the removal of trees numbered T2, T5, T6 and T9 as identified on plan number DA100 - G prepared by Mackenzie Architects International dated 12/11/2015.

b) 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

a) To comply with Councils requirements in the approved Ground Floor Plan in “DA 100-G” is to be amended as follows:

i) Delete steps connecting the ground floor courtyards of Units 3, 4, 5 and 7 to the common open spaces;

ii) Reduce the size of the courtyards for units 1 and 7 so that no encroachment occurs within the common setback area to Mittabah Road reserve, as marked in red;

iii) Reduce the size of the courtyards for Units 3 and 5 as marked in red so that no encroachment within the overland flow path occurs;

iv) All communal open space areas within the overland flow path as marked in Appendix B of “Flood Study Rev 3” listed in Condition 2 of this consent, be deleted. These areas are to be utilised as common landscaped areas only;

v) A planter box with screen planting up to a height of 1.8m above the level of the courtyard be proposed for the western elevation of Unit 6 as marked in red to create a non-trafficable area.

b) To comply with Councils requirements in the approved Landscape Plan in “4128-01 E” is to be amended as follows:

i) Provide common landscape area between the courtyards of Units 1 and 7 and the Mittabah Road frontage;

ii) All large trees located within the overland flow path be deleted; and

iii) Shrubs and hedges within the overland flow path be deleted to avoid understorey vegetation.

c) To comply with Councils requirements in the approved Ground Level Stormwater Plan SK001 – Rev B dated 24/08/2015 is to be amended as follows:

i) Upgrade the proposed pipe to be 1200mmm in diameter instead of 900mm diameter; and

ii) Insert correct ground floor levels (FFL) as per the approved Ground Floor Plan in “DA 100-D”.

d) The approved plan A401 D Adaptable units, prepared by Mackenzie Architects International dated 29/07/2015 must be amended to include the correct units numbers listed in the approved plans A100 G, A102G and A103G prepared by Mackenzie Architects International dated 12/11/2015.

e) These amended plans listed in Condition 2(a), 2(b), 2(c) and 2(d) must be submitted with the application for the Construction Certificate.

f) The approved Landscape Concept Masterplan DA-L102 – A prepared by Canvas Landscape Architects dated 17/07/2015 must be amended in accordance with the requirements listed below and submitted to Council for approval prior to the issue of the Construction certificate:

i) The proposed bbq facility and timber park shelters be deleted from the public reserve;

ii) A pavement be proposed adjoining the existing footpath to formalise the pedestrian entry from Pacific Highway into the reserve; and

iii) Details of specifications and finishes for the street lamps, concrete seats, paving and other landscape elements be included in the final Landscape plan.

g) The submitted Construction Traffic Management Plan must be amended to include additional documentation listed below and submitted to Council for approval prior to the issue of the Construction Certificate:

i) Provision of access to all construction vehicles via Lords and Mittabah Road;

ii) A revised map of truck routes demonstrating that all construction vehicles will enter the site from Mittabah Road via Pacific Highway, Mills Street and Lords Avenue, Asquith. The trucks must exit the development in the same direction;

iii) No site access be permitted from Pacific Highway, other than pedestrian emergency egress

iv) Swept path diagrams for construction vehicles to demonstrate that sufficient space is available for parking and turning of vehicles on the site;

v) Location of temporary hoardings, fencing or awnings;

vi) No swing or hoisting of materials or the like are to occur from Pacific Highway, Asquith;

vii) All site fencing being located wholly within the site unless a Hoarding Permit has been obtained;

viii) All works are to take place from within the site boundaries, unless a Work Zone Permit for Mittabah Road, Asquith has been obtained;

ix) Details of the proposed locations of concrete pump(s) and construction cranes on site for each of the stages of construction. The plan should show the pump and crane with the support legs fully extended throughout the various stages of construction works. If unable to fit on site, the pumps and cranes should be shown to be located on Mittabah Road, Asquith, which would require Council Work Zone permits to be obtained; and

x) The revised Traffic Management Plan being signed by both AusWide Traffic Engineers and the Principal Building Contractor.

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) A separate Construction Certificate must be obtained from Council for all works within the public road reserve under S138 of the Roads Act.

c) A separate Construction Certificate must be obtained from Council for all works within drainage easements vested in Council.

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

6. Section 94 Development Contributions

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

Description	Contribution (4)
Roads	$ 37,991.20
Open Space and Recreation	$ 405,631.35
Community Facilities	$ 56,535.35
Plan Preparation and Administration	$ 1,689.55
TOTAL	$ 501,847.45

being for being for 5 x 1 bedroom, 25 x 2 bedroom and 4 x 3 bedroom units with a credit of 3 lots.

b) The value of this contribution is current as at 11 November 2015. If the contribution is not paid within the financial quarter that this condition was generated, the contribution 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 contribution must 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.

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

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

7. Project Arborist

A Project Arborist (AQF5 qualified) is to be appointed in accordance with AS 4970-2009 (1.4.4) to oversee installation of trunk protection measures, monitor the integrity of the tree protection methods, record any modifications or alterations to the tree protection zone fencing for the duration of the construction period and provide all required certification throughout the development process. The details of the appointed Arborist are to be provided to Council and the PCA prior to the issue of the construction certificate.

REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

8. Building Code of Australia

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

9. Contract of Insurance (Residential Building Work)

Where 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, this contract of insurance must be in force before any building work authorised to be carried out by the consent commences.

10. 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.

11. Utility Services

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

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

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

12. Sydney Water – Quick Check

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

13. Dilapidation Report

To record the structural condition of adjoining properties to the west of the approved development including Nos. 30, 34 and 34A Lords Avenue, Asquith, a Dilapidation report must be prepared by a suitably qualified structural engineer for inclusion with the application of the Construction Certificate.

14. Noise – Rail and Road Corridor

The development must be carried out in accordance with the recommendations contained within the acoustic report submitted with the development application, titled, ‘Traffic and Rail Noise Assessment’ prepared by Acoustic Solutions Pty Ltd and dated 6/06/2014 and the requirements of the Department of Planning’s Development Near Rail Corridors and Busy Roads – Interim Guideline and RailCorp’s Interim Guidelines for Applicants.

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

15. 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.

16. Identification of Survey Marks

17. Stormwater Drainage

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

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

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

18. Diversion and Upgrading of Council Stormwater Pipe and Overland Flow

The proposed diversion and upgrading of Council stormwater pipe and the overland flow path must be designed and a separate Construction Certificate submitted to Council for approval, in accordance with the following requirements:

a) The existing Council’s drainage line passing through the development site is to be replaced by a reinforced concrete pipe of minimum 1200mm diameter and with inlet and outlet pits

b) The 1 in 100 year ARI overland flow path must be designed generally in accordance with SKA000 – SKA010, prepared by Martens and Associated dated 12/11/2015 and listed in Condition 2 of this development consent.

c) The existing Council pipe, from the development site to Council Pit No. 9322 on Mittabah Road through properties 34 and 34a Lords Avenue must be removed and replaced by a 1200mm pipe.

d) An overland flow path is to be designed over the pipeline within the easement to contain the flow.

e) All flood protection walls at the boundary with neighbouring properties are to be designed to have a minimum height 0.5m above the 100 year ARI flow level.

f) The walls and the building abutting the flood way must be flood proofed in accordance with Floodplain Management Manual of NSW government.

g) An overland flow risk management plan is to be submitted with a construction certificate application.

h) All fences across the overland flow path shall be of swimming pool type fence or hinged at 0.5m above the 100 year ARI flood level.

i) A swimming pool type fence is to be shown along the northern and eastern edges of easement (towards the building) to prevent children entering the overland flow path.

j) Consents from neighbouring property owners are to be taken to carry out any works within those properties.

Note: Council is the only authority that can issue a construction certificate for construction of a stormwater line that is to be maintained by Council

19. On Site Stormwater Detention

An on-site stormwater detention system must be designed by a chartered civil engineer and constructed and detailed calculations shown, 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;

c) Details of water quality treatment system required to achieve the quality specified in Hornsby Development Control Plan 2012 (table 1C.1.2(b) Urban Stormwater Quality Targets), is to be provided;

d) 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 shown;

e) Not be proposed in a location that would impact upon the visual or recreational amenity of residents; and

f) An overflow/escape path must be incorporated in the design.

20. 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 shall be obtained from Council if a private accredited certifier is engaged to obtain a construction certificate for these works;

b) The driveway be a rigid pavement;

e) For the first 2.5 m of the driveway from the northern boundary of the, the bin holding area is to be at the same level and slope as the driveway. There must be no raised median, wall, step or any other barrier between the driveway and the bin holding area at this location to ensure safe carting of the bins.

21. Vehicular Crossing

a) Design levels at the front boundary must be obtained from Council for the design on the internal driveway;

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

c) The footway area must be restored by turfing; and

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

22. Road Works

A separate construction certificate application is to be submitted to Hornsby Shire Council, pursuant to Section 138 of the Roads Act, for the approval of the design of road work approved under this development consent. All road works approved under this consent must be designed in accordance with Council’s Civil Works Design and Construction Specification 2005 and the following requirements:

a) The eastern section of Mittabah Road between Lords Avenue and the frontage of the site, is to be upgraded with associated drainage works, in accordance with the following standards:

i) 7.5m wide carriageway with footpath and kerb and gutter on both sides;

ii) A cul-de-sac of end with 15m diameter;

iii) A roll kerb (not step kerb) be designed along the cul-de-sac end with no garden beds, trees or other raised landscaping features within 2 metres of the cul-de sac (grass/lawn/footpath is acceptable) to enable garbage trucks to manoeuvre effectively;

iv) Upgrading the intersection of Lords Avenue and Mittabah Road;

v) A concrete footpath designed along the northern side of the road reserve; and

vi) A footpath to be designed from the end of the cul-de-sac to the Pacific Highway, complying with Disability Access Standards (where the footpath meets the Pacific Highway).

b) If there is a requirement to obtain a Work Zone, partial Road Closure or Crane Permit an application to Hornsby Shire Council is to be made prior to the issue the Construction Certificate;

c) Kerb and gutter shall be constructed along the frontage of the Pacific Highway to the requirements of Roads and Maritime Services RMS);

d) The existing footpath along Pacific Highway is to be removed and a new footpath designed;

e) The open drain (swale) along Pacific Highway is to be covered by a piped system/any other to the requirements of RMS and the nature strip upgraded;

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

g) RMS approval is required for road works along the Pacific Highway frontage of the site. All approved plans must be submitted to Hornsby Council with the Construction Certificate application;

h) All necessary road occupancy permits are to be obtained from RMS to carry out works within the Pacific Highway road reserve; and

i) If there is a requirement to obtain a Work Zone, partial Road Closure or Crane Permit, an application to Hornsby Shire Council is to be made prior to the issue the Construction Certificate.

23. Adaptable Units/Letter Boxes/Storage

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

a) The development is required to provide 11 units designed as adaptable housing pursuant to the requirements of 1C.2.2 of the Hornsby Development Control Plan 2013. In this regard, four (4) car parking spaces are to be designed for people with a disability and allocated to 4 accessible units;

b) The letter boxes must be located as shown on the approved DA100 –G; and

c) 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.

24. Waste Management Details

The following waste management details must be provided with the Construction Certificate Plans:

a) The chute system must include volume handling equipment (5x240L bin carousel or 2x660L linear or similar, with no compaction) to automatically change the bin under the chute when it becomes full; and

b) The waste facilities on each residential level (a garbage chute and recycling bin in a small room) must be accessible by persons with a disability while comfortably housing the garbage chute and one 240 L recycling bin.

Note: A 240 L recycling bin is 600 mm wide by 750 mm deep; allow for ease around the bin – 75 mm is recommended). The chute system supplier must be consulted for chute space requirements.

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

25. Construction Traffic Management Plan

A document signed by the Principle Building Contractor is to be submitted to Hornsby Council to confirm the following:

a) The specified travel routes in the approved Construction Traffic Management Plan are to be complied with; and

b) The details of the truck routes are will be provided to the excavation and concrete contractors.

26. Erection of Construction Sign

a) A sign must be erected in a prominent position on any site on which any approved work is being carried out:

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

ii) 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

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

b) The sign is to be maintained while the approved work is being carried out and must be removed when the work has been completed.

27. 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; and/or

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.

28. Toilet Facilities

a) To provide a safe and hygienic workplace, toilet facilities must be available or be installed 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.

b) Each toilet must:

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

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

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

29. Erosion and Sediment Control

To protect the water quality of the downstream environment, 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.

30. Tree Protection Barriers

a) To safeguard the natural environment during the approved development works, tree protection fencing must be erected around trees numbered T1, T3, T4, T7 and T8 in accordance with the recommendations within the Arboricultural Impact Report prepared by Landscape Matrix dated 21/08/2014.

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

c) To avoid injury or damage, trees numbered T1, T3, T4, T7 and T8 must have trunks protected by 2 metre lengths of 75mm x 25mm hardwood timbers spaced at 80mm secured with galvanised wire, not fixed or nailed to the tree in any way.

d) The Project Arborist must submit a certificate to the Principal Certifying Authority (PCA) confirming that all tree protection measures have been installed in accordance with this consent and the specific requirements of Australian Standard ”Protection of Trees on Development Sites” (AS 4970-2009) and the Arborist Report.

31. Construction Work Zone

A “Construction Work Zone” within Mittabah Road is to be approved by Hornsby Council. The construction vehicles are to park within the site or within the approved work zone only.

REQUIREMENTS DURING DEMOLITON AND CONSTRUCTION

32. 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.

33. Demolition

To protect the surrounding environment, 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;

c) On construction sites where any building contain asbestos material, a standard commercially manufactured sign containing the words ‘DANGER ASBESTOS REMOVAL IN PROGRESS’ and measuring not less than 400mm x 300mm must be displayed in a prominent position visible from the street.

34. Flood Mitigation Works and Upgrading of Council’s Pipeline

a) The proposed diversion and upgrading of Council stormwater pipe and the overland flow path must be completed prior to the commencement of construction works on the site including excavation for the basement, in accordance with the plans listed in Condition 2 and the requirements within Condition 18 of this development consent.

b) The upgrading of Council’s pipeline and all related works are to be carried out at the cost of the applicant.

c) A certificate from the Chartered Professional Civil/ Hydraulic Engineer of the Institution of Engineers must be provided to Council indicating that all works have been completed in accordance with the conditions of this development consent and to Council’s satisfaction.

d) The works are to be carried out in a manner so that no adverse impacts are created on neighbouring properties.

35. 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.

36. Street Sweeping

To protect the surrounding environment, Street sweeping must be undertaken following sediment tracking from the site along Pacific Highway 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.

37. Works Near Trees

a) To protect trees to be retained, 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 4 metres of any trees 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 the Project Arborist.

c) The Project Arborist must submit a certificate to the Principal Certifying Authority (PCA) detailing the methods used to preserve these trees during the course of demolition and construction.

Note: Except as provided above, the applicant is to ensure that no excavation, filling or stockpiling of building materials, parking of vehicles or plant, disposal of cement slurry, waste water or other contaminants occurs within 4 metres of any tree to be retained.

38. Council Property

To ensure that the public reserve is kept in a clean, tidy and safe condition during construction works, no building materials, waste, machinery or related matter is to be stored on the road or footpath.

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 suitably qualified geotechnical engineer verifying that the specified compaction requirements have been met.

c) A compaction certificate must be provided by a geotechnical engineer certifying any fill within road reserves, and all road sub-grade and road pavement materials.

d) The compaction certificates must be included with the application for an occupation certificate.

40. Excavated Material

All excavated material removed from the site must be classified by a suitably qualified person 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 be reported to the principal certifying authority prior to the issue of an Occupation Certificate.

41. Survey Report – Finished Floor Level

To ensure that the approved development has been located at the setbacks and levels shown on the relevant plans and elevations, a report(s) must be prepared by a registered surveyor and submitted to the principal certifying authority prior to the pouring of concrete at each level of the building certifying that:

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

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

c) The height of the topmost level of the building including lift overruns and the roof overhang is a maximum of 1q7.5m above the natural ground level at that point.

42. Waste Management

a) The identity of the person removing the waste.

b) The waste carrier vehicle registration.

c) Date and time of waste collection.

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

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

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

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

43. Traffic Control Plan Compliance

The development must be carried out in accordance with the submitted Traffic Control Plan (TCP) and the Construction Traffic Management Plan including the truck access routes and parking of construction vehicles.

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.

44. Fulfilment of BASIX Commitments

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

45. Sydney Water – s73 Certificate

An s73 Certificate must be obtained from Sydney Water and submitted to the PCA..

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

46. Water Saving Urban Design

A Water Saving Urban Design (WSUD) is to be constructed generally in accordance with the submitted Water Quality Assessment Report and approved Stormwater Plans (SK000-SK006 Rev B) prepared by martens and Associates dated 24/08/2015. The Water Quality Targets as detailed within the report and Hornsby Shire Councils DCP are to be achieved in the design and supported by a MUSIC model.

47. Certification of WSUD Facilities

Prior to the issue of an Occupation Certificate a certificate from a Civil Engineer is to be obtained stating that the WSUD facilities have been constructed and will meet the water quality targets as specified in the Hornsby Shire Development Control Plan 2013.

48. Damage to Council Assets

To protect public property and infrastructure any damage caused to Council’s assets as a result of the construction or demolition of the development must be rectified by the applicant in accordance with Council’s Civil Works Specifications.

49. Car Parking and Vehicular Areas

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

a) The driveway to be designed in accordance with Condition 20 of this development consent;

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

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

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

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

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

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

h) The location of the driveway must maintain sight lines for the pedestrians.

50. Creation of Easements

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

a) A 3m wide drainage easement over the constructed pipe alignment in favour of Council and in accordance with the terms set out in Memorandum B5341305V filed with the NSW Department of Lands;

c) 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 development site in favour of Council in accordance with Council’s prescribed wording. The positions of the on-site detention system and water quality treatment system are to be clearly indicated on the plan of title.

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

51. Completion of Landscaping

A certificate must be submitted to the PCA by a practicing landscape architect, horticulturalist or person with similar qualifications and experience certifying that all required landscaping works within the site and the Mittabah Road reserve including planting, ground covers, seats, fixtures, paving, street lighting and footpath have been satisfactorily completed in accordance with the approved landscape plans listed in Condition 2 of this development consent and the following requirements:

a) Tree planting within the Mittabah Road reserve must be selected from Council’s list of indigenous species, specifically Angophora costata and Syncarpia glomulifera.

b) Tree plantings for must be located at least 4 metres or greater from the foundation walls of the building;

c) All replacement tree planting within the site must be native to Hornsby Shire and must reach a mature height greater than 9 metres;

d) The replacement tree(s) must be maintained until they reach the height of 3 metres;

e) All tree stock must meet the specifications outlined in ‘Specifying Trees’ (Ross Clark, NATSPEC Books);

f) Planting methods must meet professional (best practice) industry standards;

g) The pot size of the replacement trees must be a minimum 25 litres; and

h) On slab planter boxes including the ground cover above the on-site detention tank must include waterproofing, subsoil drainage (proprietary drainage cell, 50mm sand and filter fabric) automatic irrigation, minimum 300mm planting soil for grasses and ground covers, 500mm planting soil for shrubs and minimum 1000mm planting soil for trees and palms and 75mm mulch to ensure sustainable landscape is achieved.

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.

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

52. Retaining Walls

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

53. Boundary Fencing

Fencing must be erected along all property boundaries behind the front building alignment to a height of 1.8 metres. This includes the concrete retaining wall adjoining the drainage easement and the flood suitable fence proposed in the submitted Flood Study.

The exact location, design and costing for the erection of boundary fencing are to be the subject of negotiation and agreement in accordance with the relevant requirements of the Building Fences Act, 1991.

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

54. Installation of Privacy Devices

To establish and maintain a reasonable level of privacy for the adjoining premises a 2m wide planter box with a dense screen of trees or shrubs (minimum mature growth height of 2 metres), as listed in Council’s “Indigenous Plants for the Bushland Shire” publication must be installed in the courtyard of Unit 6 nominated in red on the approved plans.

55. External Lighting

a) To protect the amenity of adjacent premises, all external lighting must be designed and installed in accordance with Australian Standard AS 4282 – Control of the Obtrusive Effects of Outdoor Lighting.

b) Certification of compliance with this Standard must be obtained from a suitably qualified person and submitted to the PCA with the application for the Construction Certificate.

56. 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.

57. Waste Management

The following waste management requirements must be complied with:

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

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

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

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

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

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

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

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

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

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

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

Note: Ramps between different levels are acceptable.

g) 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.

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

i) Motorised bin carting equipment must be provided to assist the site caretaker in the safe transfer of bins between the basement and ground levels.

58. Unit Numbering

All units are to be numbered consecutively commencing at No.1. The strata plan lot number is to coincide with the unit number, e.g. Unit 1 = Lot 1. The allocated of unit numbering must be authorised by Council prior to the numbering of each units in the development.

59. 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. The plan(s) must be accompanied by a certificate from a registered surveyor certifying that all pipelines and associated structures lie wholly within any relevant easements.

60. Consolidation of Allotments

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

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

61. Preservation of Survey Marks

A certificate by a Registered Surveyor must 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”.

62. Construction of Engineering Works

All engineering works including but not be limited to the stormwater works, on-site detention system, diversion and flood mitigation works, construction of retaining walls and flood fences, construction of the swimming pool type fence and road works identified in this consent are to be completed and a Compliance Certificate issued prior to the release of the Occupation Certificate.

63. 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.

64. Final Certification – Tree Protection

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

65. 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.

66. Safety and Security

a) This site must include the following elements:

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

c) 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.

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

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

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

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

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

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

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

OPERATIONAL CONDITIONS

67. Noise

68. Fire Safety Statement - Annual

69. Landscape Establishment

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

70. Car Parking and Deliveries

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

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

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

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

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

71. Sight Lines

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

72. Waste Management

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

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

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

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

CONDITIONS OF CONCURRENCE – SYDNEY TRAINS

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

73. Operational Conditions

a) Prior to the commencement of works and prior to the issue of the Occupation Certificate, a joint inspection of the rail infrastructure and property in the vicinity of the project is to be carried out by representatives from Sydney Trains and the Applicant (if required by Sydney Trains). These dilapidation surveys will establish the extent of any existing damage and enable any deterioration during construction to be observed. The submission of a detailed dilapidation report will be required unless otherwise notified by Sydney Trains.

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

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

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

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

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

f) Prior to the issue of a Construction Certificate a Risk Assessment/Management Plan and detailed Safe Work Method Statements (SWMS) for the proposed works are to be submitted to Sydney Trains for review and comment on the impacts on rail corridor. The Principal Certifying Authority is not to issue the Construction Certificate until written confirmation has been received from Sydney Trains confirming that this condition has been satisfied.

g) A track monitoring plan, including instrumentation and the monitoring regime during excavation and construction phase is to be submitted to Sydney Trains (if required) for review and endorsement prior to the issuing of a Construction Certificate until written confirmation has been received from Sydney Trains advising of the need to undertake the track monitoring plan, and that it has been endorsed, if needed.

- END OF CONDITIONS -

ADVISORY NOTES

Environmental Planning and Assessment Act 1979 Requirements

The Environmental Planning and Assessment Act 1979 require:

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

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

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

· Mandatory inspections of nominated stages of the construction inspected.

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

Long Service Levy

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

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

Tree and Vegetation Preservation

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 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

Covenants

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

Dial Before You Dig

Telecommunications Act 1997 (Commonwealth)

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. PL100/15

Planning Division

Date of Meeting: 9/12/2015

9 DEVELOPMENT APPLICATION - FIVE STOREY RESIDENTIAL FLAT BUILDING COMPRISING 30 UNITS - 9 AND 11 CRANDON ROAD, EPPING

EXECUTIVE SUMMARY

DA No:	DA/1608/2014 (Lodged 22 December 2014)
Description:	Demolition of existing structures and construction of a five storey residential flat building comprising 30 units
Property:	Lot 28 DP 15049 and Lot 1 DP 780054, Nos. 9 and 11 Crandon Road, Epping
Applicant:	Australian Building Development Group Pty Ltd
Owner:	Australian Building Development Group Pty Ltd
Estimated Value:	$6,916,891
Ward:	C

· The application proposes demolition of existing structures and construction of a five storey residential flat building containing 30 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. The applicant has made a submission in accordance with Clause 4.6 ‘Exceptions to development standards’ of the Hornsby Local Environmental Plan 2013 to vary the Building Height development standard. The submission is considered well founded and is supported, subject to consent conditions requiring modification to the plans to delete a mezzanine room.

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

· It is recommended that the application be approved.

RECOMMENDATION

THAT Council assume the concurrence of the Secretary of the Department of Planning and Environment pursuant to Clause 4.6 of the Hornsby Local Environmental Plan 2013 to vary the height of building development standard and approve Development Application No. DA/1608/2014 for demolition of existing structures and construction of a five storey residential flat building comprising 30 units at Lot 28 DP 15049 and Lot 1 DP 780054, Nos. 9 and 11 Crandon Road, Epping subject to the conditions of consent detailed in Schedule 1 of Group Manager’s Report No. PL100/15.

BACKGROUND

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

The Epping Town Centre amendments to the HLEP 2013 involved rezoning of low density residential areas for the purpose of medium to high density residential and mixed use developments. The site is within the Essex/ Pembroke Street Epping Precinct which was rezoned to R4 (High Density Residential) to permit five storey residential flat buildings.

The application was submitted on 22 December 2014, and did not include a flood study which was identified as being required at the Pre-DA stage.

On 13 March 2015, Council advised the applicant of significant concerns with the proposal in relation to setbacks, design and the absence of a flood study.

On 22 May 2015, the applicant provided a flood study to Council, which identified significant conflicts with the proposed scheme requiring the finished floor level of the building to be raised.

On 21 July 2015, the applicant submitted amended plans to Council. The amended plans were renotified.

On 15 September 2015, Council advised the applicant of ongoing concerns with the design of the proposal.

On 27 September 2015, the applicant submitted amended plans to Council.

SITE

The site comprises two allotments, Nos. 9 and 11 Crandon Road, Epping. The site is an irregular shaped parcel of land of 1,571.63m² with a 32m primary frontage to Crandon Road and a 42m secondary frontage to Epping Road.

The site contains two dwelling-houses with associated access arrangements and landscaping. The site experiences a fall from south to north, away from the Crandon Road frontage, with an average grade of 5%. The site contains two exotic Jacaranda trees, whilst on the adjacent land to the north are significant indigenous trees.

The site forms part of the ‘Essex/Pembroke Street Epping Precinct’ within the Hornsby Development Control Plan 2013.

The adjacent land to the north-east, being Nos. 46 to 50 Pembroke Street is subject to an undetermined application for a 5 storey residential flat building pursuant to DA/1273/2015. The adjacent land to the west is subject to an undetermined application for a 5 storey residential flat building pursuant to DA/1042/2015.

The site is located within walking distance of Epping Train Station, which is approximately 480 metres to the west of the site.

PROPOSAL

The proposal is for the demolition of existing structures and construction of a five storey residential flat building plus mezzanine comprising 30 units and two levels of basement car park accommodating 35 spaces. The building is a split level design with part of the basement on the lower ground floor elevated above ground level. Vehicle access to the site is proposed via a driveway off Crandon Road along the southern boundary.

The proposed units include 7 x 1 bedroom, 20 x 2 bedroom and 3 x 3 bedroom units.

Landscaped areas are proposed along the property boundaries. An on-site stormwater detention system is located in the side setback to Epping Road. A garbage collection room is proposed on the ground floor of the building, behind the building line.

ASSESSMENT

1. STRATEGIC CONTEXT

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

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

2. STATUTORY CONTROLS

2.1 Hornsby Local Environmental Plan 2013

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

2.1.1 Zoning of Land and Permissibility

The subject land is zoned R4 (High Density Residential) under the HLEP. The objectives of the 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 has a height of 18.3m and does not comply with this provision as discussed below.

2.1.3 Exceptions to Development Standards

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

The proposal exceeds the Height of Buildings development standard.

The objective of the Height of Buildings control is to permit a height of building that is appropriate for the site constraints, development potential and infrastructure capacity of the locality.

The applicant has made a submission in support of a variation to the development standard in accordance with Clause 4.6 of the HLEP. The development application seeks to vary the development standard by up to 0.732m. The variation extends over 90sqm of the fifth residential floor and over 15sqm of the mezzanine roof at the rear of the site. The applicant states the proposed variation is consistent with the objectives of the control and is justified as follows:

· Because of the topography of the land and flooding constraints the proposed building design has required substantial sculpturing;

· The proposal offers a more balanced urban design and planning outcome for the streetscape;

· The development provides a transition in built form;

· The variation to the height control would not unreasonable impact upon the amenity of adjoining neighbours and does not block or interrupt any important view corridors or vistas;

· It is consistent with the objectives of the R4 High Density Residential zone objectives and State planning policies; and

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

State Government Guidelines on varying development standards recommend considering the provisions of Clause 4.6 of the LEP and the ‘five part test’ established by the Land and Environment Court as follows:

1. the objectives of the standard are achieved notwithstanding noncompliance with the standard;

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

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

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

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

With the exception of the mezzanine room, the applicant’s submission to vary the Height of Building development standard is considered well founded for the following reasons:

· The proposal is limited to 5 residential storeys, with the deletion of the mezzanine room which is recommended as a condition of consent;

· The site contains particular constraints including the topography, stormwater overland flow path and frontage to a State road that are unique to the subject site;

· The height standard is exceeded as a result of the requirement to achieve a five storey residential development with appropriate free board from stormwater flooding at the rear of the site, and the requirement for the driveway to be located on the highest point of the site given the topography and location adjacent to Epping Road;

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

· The proposal would not set an unacceptable precedent for the precinct, taking into account that the excess height is a result of a flooding constraint and driveway access limitations; and

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

The building is a split level design with the eastern pavilion adjacent to Epping Road being 5 residential storeys plus a mezzanine and the western pavilion being 5 residential storeys above an elevated basement. The proposed mezzanine to Unit 28 exceeds the Height of Building development standard by 0.3m. Furthermore in an attempt to limit the exceedance of the height control, the ceiling of this room is less than 2.4m in part which does not comply with the RFDC. The inclusion of a mezzanine on the eastern pavilion adjacent to Epping Road adds to the bulk of the building and does not result in a better planning outcome and is not supported. The recommended consent conditions require the plans to be modified to delete the mezzanine bedroom of Unit 28, resulting in the conversion of a 2-bed unit into a 1-bed unit.

Based on this assessment, it is considered that compliance with the development standard would be unreasonable and unnecessary in the circumstances of the case. Accordingly, the Clause 4.6 submission is supported in relation to the western pavilion which is 5 residential storeys above a basement.

2.1.4 Heritage Conservation

2.1.5 Earthworks

Council’s assessment of the proposed works and excavation concludes that the impact of the proposed work is acceptable.

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

It is also noted that due to the age of the existing dwelling houses, there is potential for the existing buildings to contain asbestos. Appropriate conditions are included to require all asbestos to be removed from the site appropriately. Furthermore, taking into account the significant excavation required to accommodate the proposed basement car park, much of the existing soil would be removed from the site in any event.

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

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

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 has a frontage to a classified road corridor (Epping Road). The following matters are required to be considered pursuant to the SEPP.

2.5.1 Development with Frontage to a Classified Road

The proposal has been assessed against the requirements of Clause 101 as the site has frontage to Epping Road.

The objective of this Clause is:

(a) to ensure that new development does not compromise the effective and ongoing operation and function of classified roads, and

(b) to prevent or reduce the potential impact of traffic noise and vehicle emission on development adjacent to classified roads.

The compliance of the proposal with the objectives of this Clause is discussed below.

2.5.1.1 Frontage to Classified Road

The site has a secondary frontage to Epping Road. However, access to the site is provided off a local road. A Traffic and Parking Impact Assessment submitted with the proposal has estimated the traffic generation from the existing site and proposed development using RMS traffic generation rates. The net traffic generation is estimated to be 6 vehicle trips per hour in the AM and PM peak hours, which is negligible when compared with the traffic volumes on the adjacent road network.

The applicant was referred to the RMS which has not raised any concerns with the proposal, subject to recommended conditions of consent.

2.5.1.2 Impact of Vehicle Emission

The proposed development would have frontage to a State Road and the impact of vehicle emissions on sensitive land uses is required to be considered.

The current improvements on the site include dwelling houses that are impacted upon by vehicle emission and airborne dust particles due to the current traffic flow. The rezoning of the land to R4 High Density Residential by the Department of Planning has been the subject of consultation with the RMS that has not raised concern with regard to air quality in this area. The proposed development includes setbacks, landscaping, deep soil zones generally in accordance with the requirements of the HDCP which would ameliorate the impacts of noise and emissions.

The applicant submitted an Air Quality assessment report that advised that the building design with appropriate setbacks, as well as natural ventilation and cross ventilation are favourable factors in the mitigation of potential air quality impacts to the proposed development.

As such, the design of the development responds to the site context, being in the vicinity of Epping Road and is designed in accordance with the recommendations with the document “Development Near Rail Corridors and Busy Roads – Interim Guidelines 2008”. This includes setbacks, landscaping and deep soil zones that would ameliorate the impacts of noise and emission related impacts.

The application is assessed as satisfactory in this regard.

2.5.2 Impact of Noise

Assessment of the impact of road noise on a residential use is required pursuant to Clause 102 of SEPP Infrastructure where a development fronts a road with an annual average daily traffic volume of more than 40,000 vehicles. The RMS traffic volume maps have identified the location as requiring a noise assessment for building on land adjacent to a busy road.

A Noise Assessment report was submitted with the application. The assessment concluded that all habitable rooms along the northern, eastern and southern facades of the development will need to have their windows closed in order to meet acoustic requirements and that a mechanical engineer is to confirm if supplementary ventilation will be required. The Basix assessment has proposed air conditioning to the units, however the location of air conditioning plant has not been identified on the architectural plans. The recommended consent conditions require detailed acoustic review at the Construction Certificate stage. Consent conditions limit the location of air conditioning plant to the floor of balconies, with adjacent glass balustrades to be obscure glazing, to minimise their visual impact.

2.5.3 Traffic Generating Developments

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

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

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

2.6.2 Design Principles

Principle	Compliance
1. CONTEXT	Yes
Comment: The site is located within a precinct planned for five storey residential flat buildings in close proximity to Epping Station. The proposal responds to the desired future character of the precinct as envisaged by Council for residential flat buildings in landscaped settings with underground car parking. Once the development of the precinct is complete, 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 generally in accordance with the height control and setbacks for the precinct prescribed within the HDCP. There is a proposed exceedance of the height control which is acceptable, subject to the removal of a mezzanine bedroom as previously discussed. The building footprint follows the irregular shape of the site and is clear of the overland flow path, whilst proposing two distinct pavilions along the northern facade and responds to the site constraints. 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 include articulation to minimise the perceived scale. The proposed materials and finishes would add to the visual interest of the development. Flat roof forms have been adopted with an increased top storey setback on the external facades to minimise the perceived bulk and height of the building as required by the HDCP.
4. DENSITY	Yes
Comment: The HLEP does not incorporate floor space ratio requirements for the site. The density of the development is governed by the height of the building and the required setbacks. The proposed density is considered to be sustainable as it responds to the regional context, availability of infrastructure, public transport, community facilities and environmental quality and is acceptable in terms of density.
5. RESOURCE, ENERGY AND WATER EFFICIENCY	Yes
Comment: The applicant has submitted a BASIX Certificate for the proposed development. In achieving the required BASIX targets for sustainable water use, thermal comfort and energy efficiency, the proposed development would achieve efficient use of natural resources, energy and water throughout its full life cycle, including demolition and construction.
6. LANDSCAPE	Yes
Comment: The application includes a landscape concept plan which provides landscaping along the street frontages, side and rear boundaries. Deep soil areas that incorporate canopy trees are provided around the building envelope that 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 Crandon 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 HDCP by providing a component of adaptable housing and a mix of 1, 2 and 3 bedroom dwellings. The proposal responds to the social context in terms of providing a range of dwelling sizes with good access to social facilities and services as the site is located in close proximity to 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 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 HDCP.

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

Residential Flat Design Code
Control	Proposal	Requirement	Compliance
Deep Soil Zone	34%	25%	Yes
Communal Open Space	30%	25%	Yes
Ground Level Private Open Space	12-26m² Min Dimension 2m	25m² Min Dimension 4m	No No
Minimum Dwelling Size	1 br – 51m²-54m² 2 br – 70m²-85m² 3 br – 95m²-97m²	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 2.1m-2.4m (mezzanine)	2.7m	Yes No
Total Storage Area	1 bed - 6m³ (Min) 2 bed - 8m³(Min) 3 bed - 10m³ (Min) 50% accessible from the apartments	1 bed - 6m³ (Min) 2 bed - 8m³(Min) 3 bed - 10m³ (Min) 50% accessible from the apartments	Yes Yes Yes Yes
Dual Aspect and Cross Ventilation	60%	60%	Yes
Adaptable Housing	30%	10%	Yes

2.7.1 Ground Floor Apartments and Private Open Space

The proposal does not comply with the Code’s best practice for the 4 metre minimum width dimension to the ground level private open space of a number of units. The non-compliance is in response to the requirement of the HDCP for a 7m common landscaped area fronting Crandon Road, deep soil zone fronting Epping Road providing a landscape setting for the development and the overland flow path to the north. 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. The numerical non-compliance is considered minor and is acceptable.

2.7.2 Apartment Layout

As stated in the table, the development includes a varied range of unit sizes. Approximately 60% of the units would comply with the internal areas and unit configurations recommended by the RFDC guidelines. The balance of the units meet the requirements of the Code for affordable housing unit sizes.

2.7.3 Internal Circulation

The proposed development includes access to all floors via a lift. The internal corridors meet the Code’s requirements for the number of units accessed (up to 7) and design for amenity. Access to the communal open space at the rear of the site is constrained, however is made available via the lower ground level basement. The proposal complies with the requirements of the RFDC with regard to internal circulation.

2.7.4 Acoustic Privacy

2.7.5 Storage

2.8 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005

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	32m – Crandon Road 42m – Epping Road	30m	Yes
Height	5 storeys including mezzanine – 18.3m	5 storeys – 17.5m	No
Maximum Floorplate Dimension	28m (N/S) 29m ( E/W)	35m 35m	Yes Yes
Building Indentation	4m x 4m (rear)	4m x 4m	Yes
Height of Basement Above Ground	3.5m	1m (max)	No
Front Setback (Crandon Road)	10m 8m (for 7.7m) < 1/3 frontage 7m (balconies)	10m 8m (for 8m) < 1/3 frontage 7m (balconies)	Yes Yes Yes
Secondary Setback (Epping Road)	6m 4m (for 8.3m) < 1/3 frontage 4m (balconies)	6m 4m (for 8.3m) < 1/3 frontage 4m (balconies)	Yes Yes Yes
Rear	10m 7m-10m (18m²) < 1/3 frontage 6.5m-8m (balconies)	10m 8-10m (for 18.6m²) < 1/3 of frontage 7m (balconies)	Yes No No
Side Setback (West)	6m 4m (for 7.9m) < 1/3 frontage	6m 4m (for 7.9m) < 1/3 frontage	Yes Yes
Top Storey Setback from Ground Floor	Mostly 3m provided except for minor encroachments Eastern Pavilion has a reduced setback of 1-2m for 37% of the façade length Western Pavilion – setback of 1-2m near Unit 29 for a length of 5m	3m	Yes with negligible encroachments
Underground Parking Setback	6-7m- Crandon Road 7m-rear 4m- Epping Road 2m-4m side (west)	7m-front 7m-rear 4m-side 4m-side (west)	No Yes Yes No
Basement Ramp Setback	2m	2m	Yes
Deep Soil Landscaped Areas	6-7m- Crandon Road 7m-rear 4m- Epping Road 2m-4m side (west)	7m-front 7m - rear 4m side	No Yes Yes No
Private Open Space	1br units >10m² 2 br units >12m² 3 br units >16m²	1br units 10m² 2 br units 12m² 3 br units 16m²	Yes Yes Yes
Communal Open Space with Minimum Dimensions 4m	30%	25%	Yes
Parking	31 resident spaces 4 visitor spaces 9 bicycle racks 1 motorbike space	30 resident spaces 4 visitor spaces 9 bicycle racks 1 Motorbike space	Yes Yes Yes Yes
Solar Access	70%	70%	Yes
Housing Choice	7 x 1 br units - 23% 20 x 2 br units - 67% 3 x 3 br units - 10%	10% of each type (min)	Yes
Adaptable Units	30%	30%	Yes

2.10.1 Desired Future Character

The proposed five storey residential flat building would be sited within the Essex/Pembroke Street Epping 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 complies with this requirement. There is a small triangular site located between the site and Epping Road that is zoned R4 High Density Residential and owned by Roads and Maritime Services (RMS). The RMS was contacted during the assessment of the application and clarified that the land is not available for sale. The development would not result in isolation of any site.

2.10.3 Height

The proposed five storey plus mezzanine building exceeds the 17.5 metre maximum building height for five storey development. The proposed basement car park projects more than 3.5m above finished ground level which does not comply with the HDCP controls. This partial basement level is sited in the west of the site and will not be readily visible from the public domain. As previously discussed at 2.1.3 of this report, the height exceedance is a result of a flooding constraint, topography and driveway access limitations to the site.

The proposed mezzanine bedroom to Unit 28 exceeds the Height of Building development standard by 0.3m. The inclusion of additional building bulk in the form of a mezzanine does not result in a better planning outcome and is not supported. The recommended consent conditions require the plans to be modified to delete the mezzanine bedroom.

2.10.4 Setbacks

As noted in the table above, the proposal generally complies with most of the building setback controls. The front setback requirements have been applied to the Crandon Road frontage and the side setback requirements have been applied to the Epping Road frontage. This is consistent with the controls within the HDCP where the shorter frontage is to be subject to the front setback provisions. Furthermore, applying the front setback to Crandon Road facilitates the application of the rear setback controls to the northern boundary which is subject to stormwater overland flow. The compliance of the proposal with the setback prescriptive measures within the HDCP is discussed below.

Epping Road

The building setbacks to Epping Road generally comply with the HDCP, with the exception of a number of wrap around corner balconies that have a 5m setback. These balconies are located adjacent to the public domain and contribute to the articulation of the building. These balconies improve the appearance of the development without significant external impacts and are therefore supported.

Northern Rear Setback

The subject site is an irregular shape which has contributed to a number of non-compliances with the rear setback control. At the lower ground floor, there is a partial encroachment to a 7m setback, comprising storage areas and part of the Bedroom to Unit 3. Similarly, on the upper level part of the building is setback 7m. The portion of the building that is setback 7m is offset by a setback in excess of 10m on parts of the floor due to the relationship of the building to this irregular shaped lot.

Top Storey Setback

The top storey is mostly setback 3m, with the exception of small parts of the façade along the rear (northern) and front (Crandon Road) frontage.

Along the Crandon Road frontage the encroachment in the vicinity of Unit 23 is indiscernible and comprises a 2.5m setback adjacent to the bedroom.

On the eastern pavilion, along the northern rear façade, there is a variable 1-2m setback for a length of 7m setback at Unit 27. In the western pavilion there is a variable 1-2m setback at Unit 29 for a length of 5m. A fifth floor setback is not provided adjacent to the 4x4 indent on the northern elevation. These non-complying setbacks will not be readily visible to the public domain and are also well setback from the adjoining property.

2.10.5 Built Form Separation

The proposed building is limited in width and depth, the maximum floor plate dimension being 29m. 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.

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 high sills on the windows as required by the HDCP to provide adequate privacy to the adjacent sites.

2.10.6 Landscaping

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

Landscaping along the Crandon Road and Epping Road frontages would include canopy trees intercepted by hedges and shrubs. 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 northern rear setback area. This would provide a communal space that is readily accessed by the residents with access to sunlight.

Screen planting is proposed along the western side boundary to provide a strong landscape setting for the development at the interface with neighbouring properties. Canopy trees are provided in the rear setback. Subject to recommended conditions, the proposal is assessed as satisfactory in this regard.

2.10.7 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.

2.10.8 Privacy and Security

As discussed in this report, the site is located at the interface with a proposed 5 storey residential apartment building to the west (DA/1214/2014) and low density housing to the north 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 appropriate.

2.10.9 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. A number of units achieve 2 hours of sunlight with extended hours from 8am to 4pm. This is appropriate taking into account the irregular shape of the property. The proposal complies with the requirement for at least 60% of dwellings to have dual aspect and natural cross ventilation.

Concerns were raised by a submitter that the development would overshadow the adjacent property to the west. The shadow diagrams submitted indicate that the building would partly overshadow the land to the west at 9am, with no overshadowing from 12 noon. The extent of overshadowing is consistent with what is expected in this 5 storey redevelopment precinct.

2.10.10 Housing Choice

The proposed buildings include a mix of one, two and three bedroom units range in size and style. The proposed housing mix complies with the Housing Strategy DCP requirement for at least 10% of each dwelling type and 30% adaptable units.

2.10.11 Vehicular Access and Parking

Vehicle access to the proposed basement car park is via a 6m wide driveway off Crandon 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 comply with the Australian Standards. 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 3 x 660lt garbage bins serviced twice weekly and 7 x 240lt recycling bins serviced weekly, plus one 660L paper/cardboard bin. The site will have 240 L garbage bins on each floor instead of a garbage chute, so will also need 6 of 240 L garbage bins, and 6 of spare 240 L recycling bins so there is a recycling bin on each floor on waste collection days. The bin storage room is located on the ground level next to the driveway. It is behind the building line as required by the DCP. A site caretaker is to transfer the bins from the floors to the bin storage room on the ground floor within the building footprint, adjacent to the driveway entrance off Crandon Road. In addition, a common bulky waste storage area has been proposed at the basement level.

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 30 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 2 non indigenous trees from the site that are not assessed as significant.

Council’s assessment of the proposal included a detailed examination of the existing trees on site and the adjacent property to the north. Consent conditions are recommended to minimise impacts on neighbouring trees.

A landscape plan has been submitted that proposes extensive landscaping around the site including 10 canopy trees along the Crandon Road and Epping Road frontage, 4 canopy trees to the rear and 9 blueberry ash trees adjacent to the driveway along the western side boundary. As a result, there will be a significant increase in indigenous trees on the site.

3.1.2 Stormwater Management

The property is subject to flooding from stormwater overland flow. The applicant submitted a flood assessment report that illustrates that overland flow traverses the front of the site along Crandon Road and the rear of the site over a Council stormwater drainage easement. In response to the flood assessment report, the applicant amended the plans to increase the finished floor level of the lower ground floor by 0.715m, from RL74.185m to RL74.9m. As a result, the development as amended complies with Council’s freeboard requirements for habitable rooms.

A stormwater management plan has been prepared which addresses the quality and quantity of water travelling through the site including the provision of an on-site stormwater detention (OSD) tank and a rainwater harvesting tank. The OSD tank is located in the side setback adjacent to Epping Road, as it was inappropriate to locate the tank in the path of the stormwater overland flow at the rear. The OSD tank is predominately below ground and provided with a 1.5m setback to Epping Road to provide for deep soil landscaping along the boundary.

3.2 Built Environment

3.2.1 Built Form

The site forms part of the Epping 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 2.10. The proposed development is consistent with the built form envisaged for the area.

3.2.2 Traffic

The Traffic and Parking Assessment prepared estimates the proposed development would generate an additional 4 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 Epping. 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 controls which identifies the need to provide a mix of housing options to meet future demographic needs in Hornsby Shire.

3.4 Economic Impacts

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

4. SITE SUITABILITY

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

4.1 Flooding

Part of the land the subject of the development is subject to stormwater overland flow flooding in a 1:100 year storm event. The applicant has submitted a flood study as previously discussed at 3.1.2 of this report. Subject to recommended conditions of consent, the site is suitable for 5 storey residential flat development and would not be affected by flooding.

5. PUBLIC PARTICIPATION

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

5.1 Community Consultation

The proposed development was placed on public exhibition and was notified to adjoining and nearby landowners between 12 January 2015 and 28 January 2015 in accordance with the Notification and Exhibition requirements of the HDCP. During this period, Council received 2 submissions from two strata title dwellings at 7 Crandon Road. The application was then amended and renotified from 30 July 2015 to 14 August 2015. During this period, Council received no objections. 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

After the application was originally exhibited in January 2015, the two adjacent strata properties at 7 Crandon were included in a development application to Council for the redevelopment of a 5 storey residential flat building, being DA No.1042/2015 which is currently under assessment. Council contacted the submitters to clarify if they maintained their objections lodged in January 2015. One of the objectors wrote to Council to advise that they have sold their property and therefore the development will not impact them. The other objector has not responded to Council’s request for clarification. The outstanding objection lodged in response to the plans exhibited in January 2015 objected to the development, generally on the grounds that the development would result in:

· Privacy impacts along the western interface;

· Unacceptable overshadowing of adjoining properties to the west;

· Inadequate building articulation; and

· An inadequate setback to Epping Road.

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

5.2 Public Agencies

The development application was referred to the following Agencies for comment:

5.2.1 Roads and Maritime Services

The application was referred to the Roads and Maritime Services (RMS) for concurrence. No objections have been raised on traffic safety grounds subject to recommended conditions. The RMS requests the imposition of conditions upon any development consent issued. The conditions are included within Schedule 1 of this report.

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 30 units and basement car parking.

The proposed development is generally in accordance with the development controls for the ‘Essex/Pembroke Street Epping Precinct’ of the HDCP and would contribute to the future desired five storey residential character of the precinct. The proposal complies with the design principles of SEPP 65 and the Residential Flat Design Code.

The proposal exceeds the 17.5m building height development standard by 0.732m. The variation is a result of the particular site constraints including the topography, stormwater overland flow path and frontage to a State road. The submission is considered well founded and is supported, subject to consent conditions requiring modification to the plans to delete a mezzanine room.

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

RESPONSIBLE OFFICER

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

Rod Pickles

Manager - Development Assessment

Planning Division

James Farrington

Group Manager

Planning Division

Attachments:

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

File Reference: DA/1608/2014

Document Number: D06772083

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.	Drawn by	Dated
8373 DA-C Cover Page	Zhinar Architects	24.11.15
8373 DA-C 01 Site Analysis	Zhinar Architects	18.09.15
8373 DA-C 02 Site Plan	Zhinar Architects	18.09.15
8373 DA-C 03 Basement -1	Zhinar Architects	18.09.15
8373 DA-C 04 Lower Ground Floor	Zhinar Architects	24.11.15
8373 DA-C 05 Ground Floor	Zhinar Architects	18.09.15
8373 DA-C 06 First Floor	Zhinar Architects	18.09.15
8373 DA-C 07 Second Floor	Zhinar Architects	18.09.15
8373 DA-C 08 Third Floor	Zhinar Architects	18.09.15
8373 DA-C 09 Fourth Floor	Zhinar Architects	18.09.15
8373 DA-C 10 Roof Plan	Zhinar Architects	21.09.15
8373 DA-C 11 S+E Elevations	Zhinar Architects	25.09.15
8373 DA-C 12 N+W Elevations	Zhinar Architects	18.09.15
8373 DA-C 13 Section A & B	Zhinar Architects	18.09.15
8373 DA-C 14 Section C & SEPP65 Compliance Table	Zhinar Architects	25.09.15
8373 DA-C 21 Material Schedule 01	Zhinar Architects	18.09.15
8373 DA-C 22 Material Schedule 02	Zhinar Architects	18.09.15
Stormwater Management Plan Issue C Sheets 01 to 09	Quantum Engineers	13.11.15
Landscape Plan Issue C Sheets 01 to 02	Paul Scrivener	21.09.15

Document Title	Prepared by	Dated
Basix Certificate 597088M_04	Newpeake	24 Nov 2015
Waste Management Plan	Zhinar	1 July 2015
Flood Study Report	ING Consulting Engineers	4 May 2015
Acoustic Report	Acoustic Logic	11 Dec 2014

2. Amendment of Plans

a) To comply with Councils requirement in terms of Building Scale, the approved plans are to be amended as follows:

i) The mezzanine level to Unit 28 is to be deleted;

ii) The west facing living room window at Unit 254 is to be a 1500mm high sill;

iii) The Landscape Plan by Paul Scrivener dated 21.09.15 is to be amended to include a roof over part of the driveway ramp located between the rear façade and the security roller door, as indicated on the architectural plans by Zhinar Architects dated 18.09.15. This roof is to be landscaped with ground covers and shrubs in a planter box and may include a maintenance path. It is not to be designed or used as an active open space area.

b) These amended plans must be submitted with the application for the Construction Certificate.

3. Height of Buildings

The proposed development is not to exceed the building heights specified on the stamped approved plans specified herein and no consent is granted to additional or ancillary roof structures such as plant rooms, railings, stair wells or the like or for use of the roof top for recreational purposes.

4. Removal of Existing Trees

This development consent only permits the removal of tree(s) numbered 5 and 8 as identified on the Tree Location Plan provided by Hornsby Council dated 24-02-1015.

The removal of any other trees from the site requires separate approval by Council in accordance with Part 1B.6 Tree and Vegetation Preservation of the Hornsby Development Control Plan, 2013 (HDCP).

5. 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.

Details of the Project Arborist are to be submitted to Council and the PCA prior to the issue of a Construction Certificate.

6. 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) A separate Construction Certificate must be obtained from Council for all works within the public road reserve under S138 of the Roads Act.

c) A separate Construction Certificate must be obtained from Council for all works within drainage easements vested in Council.

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

7. Section 94 Development Contributions

Description	Contribution (4)
Roads	$20,596.55
Open Space and Recreation	$348,138.00
Community Facilities	$48,544.55
Plan Preparation and Administration	$1,437.00
TOTAL	$418,716.10

being for 8 x 1bed, 19 x 2bed and 3 x 3bed new units and credit for 2 existing residential lots

b) The value of this contribution is current as at 19 Nov. 15. If the contribution is not paid within the financial quarter that this condition was generated, the contribution 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 contribution must 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.

Note: 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

8. Building Code of Australia

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

9. Contract of Insurance (Residential Building Work)

10. 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.

11. Utility Services

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

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

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

12. Sydney Water – Quick Check

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

13. Accessible Units

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

14. Letterboxes

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

15. Storage

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

16. Acoustic Report

The approved Acoustic Report by Acoustic Logic dated 11 December 2014 is to be updated to reflect the approved plans (as amended). The mitigation measures proposed within the report are to be applied to be development to ensure achievement of the noise goals prescribed in Clause 102 of SEPP Infrastructure, being that the following LAeq levels are not exceeded:

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

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

17. Air Conditioning Plant

One air conditioning plant unit may be provided for each apartment sited on the floor of the balcony. Where the approved adjacent balcony balustrade is glass, is to be constructed of opaque glass to obscure views to the plant from the property boundaries. Details must be submitted with the Construction Certificate plans.

18. Disabled Parking

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

19. Bicycle Parking

Nine (9) bicycle parking spaces are to be designed in accordance with AS 2890.3-1993 Bicycle parking facilities.

20. Motorcycle Parking

One motorcycle space is required to be provided. Motorcycle parking spaces are to be designed in accordance with AS 2890.5-1993.

21. Construction Traffic Management Plan

A Construction Traffic Management Plan (CTMP) is to be submitted to Council and approval given prior to the issue of a Construction Certificate. The Plan should assess traffic impacts associated with construction works on public roads and must include:

a) Site location

b) Scope of works

c) Order of construction works

d) Identification of traffic hazards during all stages of works

e) Identification of potential risks during all stages of works

f) A map of the State and local roads in the proximity of the development

g) A map of truck routes to and from the development site during all stages of works

h) A map of existing parking restrictions in the proximity of the development

i) Hours of operation

j) Frequency of truck movements on a daily basis during all stages of works

k) A map of the access arrangements onto the development site during all stages of works

l) Swept path diagrams

m) Consideration of Work Zones for the development site

n) Consideration of mobile crane movements

o) Location of temporary hoardings, fencing or awning

p) Pedestrian and cyclist access and safety.

22. Pedestrian Access Management Plan

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

23. Traffic Control Plan

a) Arrangements for public notification of the works;

b) Temporary construction signage;

c) Permanent post-construction signage;

d) Vehicle movement plans;

e) Traffic management plans; and

f) Pedestrian and cyclist access/safety.

24. Construction Management Plan

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

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

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

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

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

25. Identification of Survey Marks

26. Trunk Stormwater Drainage

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

a) In order to reduce risk of nuisance flooding of the site, the existing Council-controlled drainage system running along the northern boundary of the site shall be removed and a new drainage system be constructed in accordance with the following;-

i) The Council-controlled piped drainage system, hydraulic grade line analysis and drainage long section shall be designed by a civil or hydraulic engineer to convey the 20 year average recurrence interval (ARI) storm from the upstream catchment;

ii) Connection to the existing Council-controlled drainage system on the western and eastern boundaries of the site shall be provided via design and construction of Council’s standard junction pits;

iii) Pier and beam method construction adjacent to pipelines to the depth of the invert of proposed pipes;

iv) In accordance with Sections 59A and 68 of the Local Government Act 1993, application shall be made to Hornsby Shire Council for consideration and approval of the drainage works. Accredited Certifiers must not give consent for the work. The applicant shall obtain a quote for, and pay Council’s fee for plan approval and compliance inspections of the drainage system with lodgement of the application;

v) Approval and construction of the drainage system must be carried out whilst convenient access to the site is provided after demolition of pre-existing structures;

b) The land in the vicinity of the Council-controlled drainage system shall be landscaped in order to convey the design 100 year ARI storm flow in the catchment;

c) The design overland flow path must not be impacted by the location of existing or proposed buildings and landscaping;

d) Floor levels of habitable or lockable rooms shall be set at least 0.5m above the design surface water profile adjacent;

e) Private ground floor courtyard areas shall be protected and fenced with pool type fencing or suitable alternative wherever the 100 year ARI design flow exceeds 0.4 m²/s. Details to be shown on construction plans;

f) The proposed internal drainage system shall be connected to the constructed Council-controlled piped drainage system.

27. Internal Drainage and On Site Stormwater Detention

An on-site stormwater detention system must be designed by a chartered civil engineer and constructed in accordance with Council’s Civil Works – Design and Construction Specification 2005 the following requirements:

a) Have a capacity of not less than 23 cubic metres, and a maximum discharge (when full) of 32 litres per second;

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

c) Discharge from the detention system must 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) Provide 900 mm x 900 mm square access grates, and standard stepirons where tank depths exceed 1.2m;

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

f) The drainage system must incorporate a harvesting system in accordance with HDCP2013 Section 1C.1.2.j. Details to be provided on the construction plans.

28. Internal Driveway/Vehicular Areas

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

a) Design levels at the front boundary shall be obtained from Council per separate application to Council for Crossing Levels;

b) Design levels at the front boundary provided by Council are to be used to design the driveway longitudinal section;

c) The driveway be a rigid pavement;

d) Drainage systems shall be provided for the driveway and internal parking areas.

29. Road Works

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

a) Council’s standard 150 mm integral kerb and gutter to be removed and reconstructed across the Crandon Road frontage of the subject site with a minimum road shoulder pavement construction width of 0.7 metres;

b) Council’s standard 80 mm thick concrete footpath to be constructed within the road verge with the remaining area turfed.

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) In accordance with Section 138 Roads Act 1993, application shall be made to Hornsby Shire Council for consideration and approval of the Road works. Accredited Certifiers must not give consent for the work. The applicant shall obtain a quote for, and pay Council’s fee for plan approval and compliance inspections of the Road works with lodgement of the application;

30. Vehicular Crossing

a) Design levels at the front boundary must be obtained from Council for the design on the internal driveway;

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

c) The footway area must be restored by turfing;

Note: An application for a vehicular crossing can only be made to one of Council’s Authorised Vehicular Crossing Contractors, or be the subject of a Construction Certificate Application to Hornsby Council as Roads Authority. You are advised to contact Council on 02 9847 6940 to obtain a list of contractors.

31. Waste Management Details

The following waste management requirements must be complied with:

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

b) The ground level bin room is to be increased from 3.2m by 4.2m to 3.2m by 7.2m, with a minimum 2 m wide roller door.

c) The bin carting route between the ground level bin room and the driveway/truck parking location is to have a gradient no greater than 1:20, be at least 1.5 m wide and must not include any steps.

d) There must be a bulky waste storage area of no less than 8 m2 at the basement level.

e) The waste facilities on each residential level must be accessible by persons with a disability while comfortably housing one 240 L garbage bin and one 240 L recycling bin. (Note: a 240 L recycling bin is 600 mm wide by 750 mm deep; allow for ease around the bin – 75 mm is recommended).

f) A 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:

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

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

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

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

32. Preservation of Survey Infrastructure

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

33. 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.

34. 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.

35. 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.

36. 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.

37. Tree Protection Zone Fencing (TPZ)

a) Tree protection fencing must be installed around trees numbered T1, T2, T3, T4, T6 & T7 Tree Location Plan provided by Hornsby Council dated 24-02-1015 at the distances determined by AS 4970-2009 Section 3.

b) Tree Protective Fencing must be installed in accordance with AS 4970-2009 Section 4.3 and 4.4.

c) Where tree protection fencing cannot be located at the perimeter of the Tree Protection Zone appropriate trunk, ground and crown protection must be provided in accordance with AS 4970-2009 Section 4.5 under the direction of the project arborist.

d) Maintenance of the Tree Protection Zones must be carried out in accordance with AS 4970-2009 Section 4.6 for the duration of this consent.

38. Tree Protection Requirements

a) The Project Arborist must oversee and provide certification for the installation of all tree protection measures as specified in this consent.

REQUIREMENTS DURING DEMOLTION AND CONSTRUCTION

39. Construction Work Hours

a) 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).

b) No Excavation or rock sawing/breaking is to occur on Saturdays or between the hours of 12 pm and 1 pm weekdays.

c) No work is to be undertaken on Sundays or public holidays.

40. Construction Vehicles

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

41. Demolition

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;

42. 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.

43. Street Sweeping

To protect the surrounding environment, Street sweeping must be undertaken following sediment tracking from the site along Crandon 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.

44. Maintenance and Monitoring of Tree Protection

All Tree Protection Zones must be monitored by the Project Arborist in accordance with AS 4970-2009 Section 5.4.

45. Consenting to Works within Tree Protection Zones

a) All works must be approved by the Project Arborist;

b) Root/ground protection must be provided in accordance with AS 4970-2009 Section 4.5.4

c) Underground services must be installed in accordance with AS 4970-2009 Section 4.5.5.

d) The Structural Root Zone of any tree required to be retained must remain intact/undisturbed

e) Root pruning must be carried out in accordance with AS 4970-2009 Sections 3.3.4 & 4.5.4

f) Activities within the Tree Protection Zone must comply with AS 4970-2009 Section 4.2.

46. Certification

The Project Arborist must provide to the Principal Certifying Authority certification for the monitoring and maintenance of Tree Protection Zones and documentation of the methods used to preserve the trees during construction.

47. 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.

48. 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.

49. Excavated Material

50. 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).

51. Traffic Control Plan Compliance

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

52. Council Property

During construction works, no building materials, waste, machinery or related matter is to be stored on the road or footpath.

53. Waste Management

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

a) The identity of the person removing the waste.

b) The waste carrier vehicle registration.

c) Date and time of waste collection.

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

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

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

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

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

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

54. Fulfilment of BASIX Commitments

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

55. Retaining Walls

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

56. Unit Numbering

57. Parking Allocation

The three groups of tandem parking are to be allocated to the three x 3 bedroom units on the approved plans.

58. 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.

59. Damage to Council Assets

60. 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 300mm planting soil for shrubs and minimum 1000mm planting soil for trees and palms and 75mm mulch to ensure sustainable landscape is achieved.

61. Completion of Landscape Works

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

62. Certification – Project Arborist

63. Certification – Acoustic Engineer

An Acoustic Engineer must submit to the Principal Certifying Authority documentation stating that the completed works have been carried out in compliance with the approved plans and the relevant conditions of consent including Condition 16, 66 and 82.

64. Safety and Security