Agenda of General Meeting

General Manager's Report No. GM3/16

Office of the General Manager

Date of Meeting: 9/03/2016

1 FIT FOR THE FUTURE REFORMS - REVIEW OF LOCAL GOVERNMENT ACT

EXECUTIVE SUMMARY

· An integral part of the Government’s local government reform program of Fit for the Future includes a review and update of the Local Government Act 1993 and the City of Sydney Act 1988.

· A Taskforce was established for this purpose and Council contributed by way of submission in respect of the Taskforce’s final report to the Government. The Government responded to the Taskforce’s report and sought public comment, with Council once again providing a submission.

· Following a review of submissions, the NSW Government delivered its response to the Taskforce recommendations and has subsequently developed specific Phase 1 recommendations for amendments to the Local Government Act.

· The Government’s consultation process on the Phase 1 recommendations has now commenced and Council has prepared a response to each of the specific proposed amendments to the Act.

· It is proposed that these responses form the basis of a final submission to the NSW Government.

RECOMMENDATION

THAT the responses detailed in the table included in General Manager’s Report No. GM3/16 form the basis of a submission to the NSW Government in respect of Phase 1 amendments to the Local Government Act.

PURPOSE

The purpose of this Report is to provide Council with details of the Phase 1 amendments to the Local Government Act as proposed by the Government and to seek endorsement of Council’s submission in respect of those proposed amendments.

BACKGROUND

In 2011, councils from throughout NSW came together for Destination 2036 to discuss how best to prepare for the long-term future of local government in NSW, taking into account the potential changes to communities, economies and technologies over the next 25 years. As a result, in 2012, the Independent Local Government Review Panel (the Panel) and Local Government Acts Taskforce (the Taskforce) were formed.

The Taskforce was established specifically to review and update the Local Government Act 1993 and the City of Sydney Act 1988. Following release of the Taskforce’s discussion paper in 2013, Council, along with many other NSW councils, made a submission to the Taskforce about the changes proposed to the Act (refer to General Manager’s Report CS23/13 of June 2013). Taking those submissions into account, the Taskforce tendered its final report to the Minister for Local Government in October 2013. The Minister released the Taskforce’s recommendations for public comment in January 2014, with those recommendations including legislative reform and a move towards a modern, principles-based Local Government Act. Council once again reviewed the recommendations and provided a submission to the Office of Local Government in March 2014 (refer Deputy General Manager’s Report No. CS6/14 of March 2014).

Following a review of submissions received, in September 2014, the NSW Government delivered its response in respect of the Taskforce recommendations. That response indicated that the NSW Government broadly supported the recommendations of the Taskforce and as a result, work by the Government has now commenced, in consultation with the sector and key stakeholders, to develop a new Local Government Act, with the aim of phasing it in from 2016/17. The new Act will be designed to:

· Give more prominence to the Integrated Planning and Reporting (IP&R) sections of the Act and use IP&R as its central framework

· Reduce unnecessary red tape and prescription

· Enhance community engagement

· Embed the principle of fiscal responsibility

· Improve financial and asset planning

· Strengthen representation and leadership

· Enable Government to have a differential approach to councils that have undergone the necessary changes to become ‘fit for the future’, for example reduce the reporting and compliance burden

· Include the agreed recommendations of the Panel

· Take account of the expected reports by IPART into red tape and licensing and the recommendations made by the Joint Select Committee into the 2012 local government elections.

In line with the above intent, and having regard to the Taskforce recommendations, the Government has now developed specific Phase 1 recommendations for amendments to the Local Government Act. As part of its consultation process, submissions are now being sought on those recommendations, with a closing date of 15 March 2016.

DISCUSSION

The proposed Phase 1 reforms are the first step in the process of modernising the Local Government Act. The focus of Phase 1 is mainly on changes to the governance and strategic business planning processes of councils. Issues in respect of revenue raising and the exercise of regulatory functions will be addressed in later phases.

The proposed amendments of Phase 1 are intended to:

· Clarify roles and responsibilities of councillors, mayors, administrators and general managers;

· Introduce new guiding principles for local government;

· Improve governance of councils and professional development for councillors;

· Expand on the framework for strategic business planning and reporting;

· Prioritise community engagement and financial accountability; and

· Streamline council administrative processes, including in relation to delegations and community grants.

In particular, Phase 1 proposes to:

· Increase the term for mayors elected by councillors from one to a minimum of two years;

· Place external audit of councils under the auspices of the Auditor-General; and

· Ensure all councils have an odd number of councillors to reduce deadlocks in decision making.

More detailed information about the specific proposed Phase 1 amendments are included in the table shown below.

Council has, to date, been generally supportive of the amendments to the Local Government Act recommended by the Taskforce and it is recommended that this general support continue in respect of the specific changes now proposed by the Government. The below table summarises the proposals and includes a response by Council based on feedback from relevant managers/staff across the organisation. It is proposed that this table form the basis of a submission to be forwarded to the NSW Government.

More detailed information about the process for Phase 1 amendments can be found at: http://www.fitforthefuture.nsw.gov.au/sites/default/files/explanatory-paper-proposed-phase-1-amendments.pdf

1. GUIDING PRINCIPLES FOR THE ACT AND LOCAL GOVERNMENT

1.1 Purposes of the Local Government Act

Proposed Amendment:

The purposes of the Local Government Act 1993 should be:

· to establish a legal framework for the NSW system of local government, in accordance with section 51 of the Constitution Act 1902 (NSW);

· to describe the nature and extent of the responsibilities and powers of local government; and

· to create a system of local government that is democratically elected, engages with and is accountable to the community, is sustainable, flexible, effective and maximises value for money.

Supported

1.2 Role of Local Government

Proposed Amendment:

The council charter in section 8 should be replaced by provisions that:

· describe the role of local government; and

· establish guiding principles for local government.

The role of local government should be to enable local communities to be healthy and prosperous by:

· providing strong and effective elected representation, leadership, planning and decision making;

· working cooperatively with other bodies, including other levels of government, to pursue better community outcomes;

· effective stewardship of lands and other assets to affordably meet current and future needs;

· endeavouring to provide the best possible value for money for residents and ratepayers;

· strategically planning for and securing effective and efficient services, including regulatory services, to meet the diverse needs of members of local communities; and

· following the guiding principles of local government.

Supported

1.3 The Guiding Principles of Local Government

Proposed amendment:

The council charter in section 8 should be replaced by provisions that:

· describe the role of local government; and

· establish guiding principles for local government.

The new guiding principles to be observed in local government should enable councils to:

· actively engage local communities, including through integrated planning & reporting;

· be transparent and accountable;

· recognise diverse needs and interests;

· have regard to social justice principles;

· have regard to the long term and cumulative effects of its actions on future generations;

· foster ecologically sustainable development;

· effectively manage risk;

· have regard to long term sustainability;

· work with others to secure services that are appropriate to meet local needs;

· foster continuous improvement and innovation;

· act fairly, ethically and without bias in the public interest; and

· endeavour to involve and support its staff.

Supported

Generally supported but with a suggestion to include “manage terrestrial and aquatic ecosystems” after “foster ecologically sustainable development”

2. STRUCTURAL FRAMEWORK OF LOCAL GOVERNMENT

2.1 The Role of the Governing Body

Proposed Amendment:

It is proposed to replace the current prescribed role of the governing body under section 223 which is focussed only on the board-like function of the body. The governing body is the elected representatives of the council (the councillors).

It is proposed to use the Panel’s more expansive list as a basis for describing the functions of the governing body:

· to provide effective civic leadership to the community;

· to consult regularly with community organisations and other key stakeholders and keep them informed of council’s activities and decisions;

· to direct and control the affairs of the council in consultation with the general manager and in accordance with the Act;

· to ensure as far as possible the financial sustainability of the council;

· to determine and adopt the community strategic plan, delivery program and other strategic plans and policies;

· to determine and adopt a rating and revenue policy and operational plans that ensure the optimum allocation of the council's resources to implement the community strategic plan and for the benefit of the area;

· to make decisions in accordance with those plans and policies;

· to make decisions necessary for the proper exercise of the council's regulatory functions;

· to keep under review the performance of the council and its delivery of services;

· to determine the process for appointment of the general manager and monitor his/her performance; and

· to ensure that the council acts honestly, efficiently and appropriately in carrying out its statutory responsibilities.

Supported

2.2 The Number of Councillors

Proposed Amendment:

Section 224 prescribes the numbers of councillors a council may have (between 5 and 15) and the manner in which that number is to be determined.

It is proposed to amend section 224 to require that councils must have an odd number of councillors and mayor.

Generally supported.

It is assumed the intent is to minimise even or “deadlock” voting in a Council meeting where the Mayor is required to use his casting vote. There is no objection to the amendment, although it is noted that it would only require a councillor to declare a pecuniary/significant interest, or otherwise be absent from the meeting, and the same even vote situation could still easily arise.

2.3 Rural Councils

Proposed Amendment:

It is proposed to allow for small rural councils to apply to the Minister for Local Government for one-off approval to:

· reduce councillor numbers and abolish wards without the need for a constitutional referendum;

· omit the current restriction that prevents councils from making an application for a decrease in the number of councillors that would result in the number of councillors for each ward being fewer than 3; and

· reduce the number of council meetings to be held in a year to below the minimum of 10 currently required under section 365.

Not applicable to Hornsby Council

3. THE GOVERNING BODY OF COUNCILS

3.1 The Role of the Mayor

Proposed Amendment:

It is proposed to describe the role of the mayor differently.

The mayor should have all the prescribed responsibilities of a councillor in addition to the following additional responsibilities:

· to be the leader of the council and the community of the local government area, and advance community cohesion;

· to promote civic awareness and, in conjunction with the general manager, ensure adequate opportunities and mechanisms for engagement between the council and the local community;

· to be the principal member and spokesperson of the governing body and to preside at its meetings;

· to ensure that the business of meetings of the governing body is conducted efficiently, effectively and properly in accordance with provisions of the Act;

· to lead the councillors in the exercise of their responsibilities and in ensuring good governance;

· to ensure the timely development of the governing body’s strategic plans and policies, and to promote their effective and consistent implementation, including by promoting partnerships between the council and key stakeholders;

· to exercise, in cases of necessity, the policy-making functions of the governing body between meetings of the council;

· to represent the governing body on regional organisations and in inter-government forums at regional, State and federal levels;

· to advise, manage and provide strategic direction to the general manager in accordance with the council’s strategic plans and policies;

· to lead performance appraisals of the general manager;

· to carry out the civic and ceremonial functions of the mayoral office; and

· to exercise such other functions as the governing body determines.

Supported

3.2 The Mayor’s Term of Office

Proposed Amendment:

The current length of term for a mayor is either:

· one year for mayors elected by councillors; or

· four years for mayors popularly elected by the electors.

This would be changed so that mayors elected by councillors are to hold office for a minimum of two years, as recommended by the Panel, with the option of electing a person to the office for the whole four year term.

Also in accordance with the Panel’s recommendation, and the Government’s response, it proposed that it be compulsory for councillors to vote in a mayoral election.

Section 230 will also be amended to clarify that the office of mayor becomes vacant upon the person holding the office ceasing to hold civic office or on the occurrence of a casual vacancy.

Supported. Hornsby Council currently has a popularly elected Mayor who is elected for the four year term of the Council. It works well. Increasing a minimum Mayoral term to two years or four years should provide greater stability within an elected body.

Supported

3.3 The Role of Councillors

Proposed Amendment:

It is proposed to recast section 232 so that it focuses on individual responsibilities of councillors, rather than their responsibilities as members of the governing body of a council. The role and responsibilities of an individual councillor, (including the mayor), should be:

· to be an active and contributing member of the governing body;

· to make considered and well informed decisions;

· to represent the collective interests of residents, ratepayers and the wider community of the local government area;

· to facilitate communication between the community and the governing body;

· to be accountable to the community for the local government's performance; and

· to uphold and represent accurately the policies and decisions of the governing body.

Supported

3.4 Councillors’ Term of Office

Proposed Amendment:

Section 234 prescribes the circumstances in which a civic office becomes vacant. Section 234 will be amended to clarify that a vacancy will occur in the civic office of a councillor where they are elected to another civic office in the council, (i.e. the office of a popularly elected Mayor) something that is currently not clear.

Supported

3.5 Oath or Affirmation of Office

Proposed Amendment:

It is proposed to require all councillors, including the Mayor to take an oath or affirmation of office in the prescribed form before commencing duties.

The oath or affirmation of office is to be taken within 1 month of election to office and councillors are not to undertake their duties until they do so. Where a councillor fails to take an oath or affirmation, his or her office will be declared vacant.

Supported. A process similar to that being proposed has been undertaken by Hornsby at the commencement of the last two terms of Council.

Supported

3.6 Councillors’ Expenses and Facilities

Proposed Amendment:

Sections 252 to 254 relate to the payment of expenses and provision of facilities to councillors and the adoption of policies governing this. It is proposed to amend sections 252 and 253 to:

· replace the requirement under section 252 for councils to annually adopt an expenses and facilities policy with one simply requiring councils to adopt a policy within the first 12 months of their terms; and

· remove the requirement under section 253 for councils to provide the Office of Local Government annually with a copy of their adopted policies and an assessment of public submissions made in relation to their adoption.

Supported. This streamlines and simplifies the process for maintaining the relevant policy. It is assumed that there will be no impediment to Council amending its policy at greater frequency.

3.7 Mayor/Councillor Professional Development

Proposed Amendment:

New provisions are proposed to require the following:

· Councils are to develop an induction program for newly elected and returning councillors and a specialist supplementary program for the mayor to assist them in the performance of their functions. The induction program is to be available for delivery within 4 months of the election.

· Each year, councils are to develop an ongoing professional development program for the mayor and each councillor to assist them in the performance of their functions to be delivered over the coming year.

In determining the content of the induction and ongoing professional development programs, the council is to have regard to the specific needs of each individual councillor (including the mayor) and of the governing body as a whole and the requirements of any guidelines issued by the Office of Local Government.

· The content of the induction and ongoing professional development program is to be determined in consultation with the mayor, the council as a whole and individually with each of the councillors.

· Councils are to include details of the content of the induction and ongoing professional development offered to the mayor and each councillor and whether or not they participated in the training or development offered in the council’s annual report.

Supported. Hornsby Council already has a robust induction program in place which is reviewed and updated at each election.

Hornsby Council supports the availability of professional development for councillors through organisations such as Local Government NSW and encourages councillor participation in such programs. Councils will be able to supplement training courses already in existence with their own tailored programs should they so desire.

Supported

Generally supported. Only summary information such as the name of the program offered and who attended should be required to be included in the annual report, not the full details of content of the training. Including the course details in the annual report would add unnecessary volume and increase the size of the annual report, without adding significant value to the community. Details of training course content could be provided upon request.

3.8 Role and Functions of Administrators

Proposed Amendment:

Several provisions of the Act provide that the administrator is to exercise the functions of the council without articulating what the nature of their role is within a council.

It is proposed to address this ambiguity and align the role of the administrator with the proposed prescribed role of the mayor and councillors by amending these sections to provide that:

· Where a sole administrator is appointed to a council, they are to exercise the role and responsibilities of the mayor and a councillor as prescribed under the Act.

· Where more than one administrator is appointed, all administrators are to exercise the role and responsibilities of councillors as prescribed under the Act and one, as specified by the relevant instrument of appointment, is to exercise the role and responsibilities of the mayor as prescribed under the Act in addition to those of a councillor.

Supported

3.9 Financial Controllers

Proposed Amendment:

A financial controller is responsible for implementing financial controls and related duties. Where a financial controller is appointed, a council may only make payments that are authorised or countersigned by the financial controller.

It is proposed to allow the Minister for Local Government to appoint a financial controller to a council that is performing poorly with respect to its financial responsibilities and/or is at high financial sustainability risk, in conjunction with issuing a performance improvement order.

A financial controller would only be appointed through the existing performance improvement order process after information is gathered or an investigation undertaken that shows the council is not performing, a notice of the proposed remedial action has been issued to a council and the Minister has considered the council’s submissions with respect to the notice.

Supported

3.10 Meetings

Proposed Amendment:

In relation to conduct of meetings, amendments consistent with the following are proposed :

· provide that the Regulation may prescribe a Model Code of Meeting Practice (a Model Meeting Code);

· provide that the Model Meeting Code may include mandated and non-mandatory “best practice” provisions;

· require councils to adopt a Code of Meeting Practice (an adopted meeting code) that at a minimum incorporates the mandated provisions of the Model Meeting Code;

· allow a council’s adopted meeting code to supplement the provisions contained in the Model Meeting Code;

· provide that a provision of a council’s adopted meeting code will be invalid to the extent of any inconsistency with the mandated provisions of Model Meeting Code;

· require council and committee meetings to be conducted in accordance with the council’s adopted meeting code;

· require councils to review and adopt a meeting code within 12 months of each ordinary election; and

· retain the existing requirements under sections 361 - 363 in relation to the adoption and amendment of a meeting code and public consultation in relation to this.

Aspects of the current meetings provisions in the Act and the Regulation will be updated and incorporated into a new Model Meeting Code.

Supported. Council’s current Code of Meeting Practice incorporates all meeting requirements contained in the current Local Government Act and Regulation. An updated Model Code of Meeting Practice, and the inclusion of mandatory best practice provisions, would provide some consistency amongst councils and the way their business is conducted at meetings.

3.11 Delegation of Functions

Proposed Amendment:

It is proposed to include amendments to section 377, which were introduced into Parliament previously but lapsed prior to the 2015 election, to remove the restriction on the delegation of the acceptance of tenders.

It is also proposed to allow councils to delegate the provision of community financial assistance for the purpose of exercising its functions where:

· the financial assistance is part of a specific program;

· the program’s details have been included in the council’s draft operational plan for the year in which the financial assistance is proposed to be given;

· the program’s proposed budget for that year does not exceed 5 per cent of the council’s proposed income from the ordinary rates levied for that year; and

· the program applies uniformly to all persons within the council’s area or to a significant proportion of all persons within the area.

Amendments may be required facilitate the proposal to allow councils to delegate a regulatory function to another council or a joint organisation of councils, to support future collaboration and resource sharing.

Supported

Noted

4. ELECTIONS

4.1 Extension of the Option of Universal Postal Voting to All Councils

Proposed Amendment:

It is proposed to amend section 310B to provide that the option of universal postal voting is available to all councils after the next ordinary election.

Supported

5. COUNCIL’S WORKFORCE

5.1 Determination of the Organisation Structure

Proposed Amendment:

It is proposed to amend the Act to provide that:

· the organisation structure is to be determined on the advice of the general manager;

· the adopted structure must accord with the priorities set out in the council's community strategic plan and delivery program;

· the adopted structure may only specify the roles and relationships of the general manager, designated senior staff and other staff reporting directly to the general manager; and

· the general manager is to be responsible for determining the balance of the organisation structure but must do so in consultation with the governing body.

Supported

5.2 The Role of General Managers

Proposed Amendment:

It is proposed to describe the role and responsibilities of the general manager in the Act consistent with the following:

· to conduct the day-to-day management of the council in accordance with the governing body's strategic plans and policies;

· to advise the mayor and the governing body on the development and implementation of policies and programs, including the appropriate form and scope of community consultation;

· to prepare, in consultation with the mayor and governing body, the community strategic plan and the council's resourcing strategy, delivery program and operational plan, annual report and community engagement strategy;

· to certify that Integrated Planning and Reporting requirements have been met in full, and that council's annual financial statements have been prepared correctly;

· to ensure that the mayor and councillors receive timely information, advice and administrative and professional support necessary for the effective discharge of their responsibilities;

· to implement lawful decisions of the governing body in a timely manner;

· to exercise such of the functions of the governing body as are delegated by the governing body to the general manager;

· to appoint staff in accordance with an organisation structure and resources approved by the governing body

· to direct and dismiss staff;

· to implement the council's workforce management strategy; and

· to undertake such other functions as may be conferred or imposed on the general manager by or under the Act or any other Act.

Supported

5.3 The Requirement to Report Annually to the Council on Senior Staff Contractual Conditions

Proposed Amendment:

It is proposed to omit the requirement under section 339 for general managers to report annually to the council on the contractual conditions of senior staff.

Supported

6. ETHICAL STANDARDS

6.1 Consolidation of the Prescription of Ethical Standards
Proposed Amendment: Provisions in the Act and the Regulation relating to the disclosure of pecuniary interests and the management of pecuniary conflicts of interests will be replicated in the Model Code of Conduct.	Supported
6.2 Investigation of Pecuniary Interest Breaches
Proposed Amendment: It is proposed to omit the provisions relating specifically to the investigation of complaints alleging breaches of the pecuniary interest provisions. These will instead be dealt with under the existing misconduct provisions. General managers (and mayors in the case of allegations concerning general managers) will continue to be obliged to refer pecuniary interest breaches to the Office of Local Government under the prescribed Model Code Procedures. These will continue to be investigated by the Office and referred to the NSW Civil and Administrative Tribunal (NCAT) under the misconduct provisions where appropriate. As is currently the case with respect to misconduct matters, it will also be open to the Chief Executive to take disciplinary action with respect to less serious pecuniary interest breaches instead of referring them to the Tribunal. The Tribunal’s powers to take disciplinary action against council staff, committee members and advisors with respect to pecuniary interest breaches are to be retained. The provisions that apply to proceedings before the NCAT generally and the NCAT’s consideration of misconduct matters will also be retained.	Supported Noted Noted

7. COUNCILS’ STRATEGIC FRAMEWORK

7.1 Integrated Planning and Reporting Principles
Proposed Amendment: New provisions will be included to establish overarching Integrated Planning and Reporting principles and require councils to undertake strategic business planning in accordance with those principles. The proposed Integrated Planning and Reporting principles will provide that councils (together with their communities, other councils and stakeholders) are proposed to include: · lead and inspire residents, businesses and others to engage with their council; · identify and prioritise key community needs and aspirations; · develop strategic goals to meet these needs and aspirations; · identify activities and prioritise actions to work towards these strategic goals; · plan holistically to deliver on strategic goals within their resources; · foster community participation to better inform local and state decision making; · manage council’s current and future financial sustainability; · appropriately adapt to changing circumstances, evidence and priorities; · proactively manage risks to the community and its council; · be transparent and accountable for decisions and omissions; · maintain an integrated approach to planning, delivery, monitoring and reporting; · collaborate to maximise achievement of key community outcomes; and · honestly review and evaluate progress on a regular basis.	Supported Supported
7.2 Streamlining the Existing Integrated Planning and Reporting Provisions
Proposed Amendment: The current Integrated Planning and Reporting provisions are contained in sections 402 to 406. These provisions will be amended so that they are confined to setting out the purpose of each document and when they must be delivered. Detailed process requirements for how this must be done will be moved to the Regulation.	Supported
7.3 Council’s Integrated Planning and Reporting to Reflect Regional Priorities
Proposed Amendment: Amendments are proposed to ensure that regional priorities are reflected in individual councils’ strategic business planning. In particular, amendments are proposed to: · require council’s community strategic plans to identify key regional priorities and strategies for the council, developed with adjoining councils and agencies; and · require delivery programs to address key regional strategies including council actions and any proposed joint programs agreed regionally.	Supported
7.4 Expanded Scope of Delivery Programs
Proposed Amendment: Section 404 will be amended to clarify that delivery programs are to capture all council activities.	Supported
7.5 Fiscal Sustainability
Proposed Amendment: The Local Government (General) Regulation 2005, which provides for an annual statement of revenue policy in each operational plan, will be amended to require councils to: · establish revenue policies with a view to ensuring fiscal sustainability; and · provide a clear rationale for how rating systems are structured and what they are designed to achieve. The Regulation will also set out in more detail what is required of councils’ resourcing strategy to clarify the purpose and objectives of workforce, asset and long term financial planning. This will draw on the essential elements in the current Integrated Planning and Reporting guidelines to help councils produce more robust and useful strategies in these key areas.	Supported Supported
7.6 Expanded Scope of Councils’ Community Engagement Strategies
Proposed Amendment: It is proposed to broaden the existing requirement that a council must adopt a community engagement strategy to inform the development of its community strategic plan. If amended, the Act would require the adoption of a community engagement strategy to inform all council activities (other than routine business-as-usual operations), not only those directly associated with development of the council’s Integrated Planning and Reporting framework. This would be done by making the adoption of a community engagement strategy a general legislative obligation. A council’s community engagement strategy would need to meet minimum prescribed requirements. It is anticipated, for example, that guidelines would prescribe minimum public consultation requirements for specific activities including the development of the components of a council’s Integrated Planning and Reporting framework, and include a requirement to periodically evaluate the efficacy of consultation methodologies. It is proposed to accommodate the existing provisions relating to community polls within the proposed standalone community engagement provisions.	Supported Noted Supported Supported

8. COUNCIL PERFORMANCE

8.1 Annual Reports

Proposed Amendment:

It is proposed to require the information reported in councils’ annual reports to be endorsed as factually accurate by an internal audit committee. As noted below (at [8.4]), councils will be required to establish internal audit committees with a majority of independent members and an independent Chair.

Not supported. See note at 8.4

8.2 State of the Environment Reports

Proposed Amendment:

It is proposed to remove the requirement under section 428A for a council to include a State of the environment report in its annual report every 4 years. Councils would instead be required to report on environmental issues relevant to the objectives established by the community strategic plan in the same way they are currently required to report on the achievement of other objectives set in their community strategic plans (that is, through their annual reports and the 4-yearly end of term report).

Generally supported but with a recommendation that the Office of Local Government work with the Office of Environment & Heritage, the NSW Environmental Protection Authority and other relevant agencies to develop performance indicators for Council to use to ensure consistency and allow for comparability between councils.

8.3 Performance Measurement

Proposed Amendment:

It is proposed to allow for the introduction of a performance management and reporting framework that should:

· provide a statutory basis to establish new indicators and benchmarks for reporting purposes;

· expressly require councils to collect and report against these indicators in accordance with guidelines;

· establish annual performance statements as part of council annual reports, which will be subject to oversight and attestation requirements;

· align performance reporting to the Integrated Planning and Reporting cycle; and

· provide the capacity to establish a state-wide community satisfaction survey.

Supported

8.4 Internal Audit

Proposed Amendment:

It is proposed to introduce a mandatory requirement for councils to have an internal audit function. To this end, it is proposed that new provisions will require all councils to have an internal audit function:

· with broad terms of reference covering compliance, risk, fraud control, financial management, good governance, performance in implementing their community strategic plan and delivery program, service reviews, collection of required indicator data, continuous improvement and long term sustainability; and

· that focuses on councils adding value to, and continuous improvement in, the performance of their functions.

All councils will be required to comply with guidelines issued by the Chief Executive of the Office of Local Government with respect to the implementation of their internal audit functions. All councils will appoint an audit, risk and improvement committee that meets the following requirements:

· audit committees must have a majority of independent members and an independent chair;

· general managers may not be members of audit committees (but may attend meetings unless excluded by the committee); and

· the Chair of the audit committee must report at least biannually to a council meeting on the organisation’s performance in financial management, good governance and continuous improvement.

Councils will be permitted to have joint arrangements for internal audit and share audit committees.

Not supported.

The proposition that it should be mandatory for every council to have an unelected body overseeing the allocation of resources is overly bureaucratic and contradictory to the premise on which local government is founded, being a local democracy. Council’s view is that the responsibility for efficient and effective local government rests solely with the elected Councillors and professional senior management group. Given that a very large number of councils in NSW have been financially constrained for many decades, it is reasonable to assume that the majority of inefficiencies have already been dealt with. The issues confronting most councils are structural and are beyond the capacity of any audit, risk and improvement committee to resolve. The cost of resources required by each Council to support and sustain a permanent audit, risk and improvement committee structure is not likely to yield proportionate productivity gains year on year. Whilst Council supports the establishment of audit, risk and improvement committees by any council where it believes it would add value to the operation of that council, we do not believe this should be mandated. In recent years, this Council has engaged consultants to undertake extensive internal and external service reviews. This process was independent and achieved considerable efficiency and financial gains which we believe were beyond the capacity of any audit, risk and improvement committee to achieve. As an alternate suggestion, it is recommended that councils be given the option to either have an audit, risk and improvement committee or a requirement to undertake an independent full service review at least every four years to coincide with the first year of every term of council.

8.5 Sector-wide Performance Audits by the Auditor-General

Proposed Amendment:

To identify trends and opportunities for improvement across the sector as a whole, it is proposed to compliment the mandated requirement for internal audit by empowering the Auditor-General to conduct issue-based performance audits in key areas of local government activity.

Supported

8.6 Financial Management

Proposed Amendment:

It is proposed to adopt a more ‘principles-based’ approach to the management of council funds by moving detailed requirements to the Regulation and the Local Government Code of Accounting Practice and Financial Reporting, which is prescribed under the Act.

New provisions in the Act will set out objectives and principles that are to inform councils’ financial management practices and that align them with the objectives set through councils’ Integrated Planning and Reporting frameworks. These provisions will ensure that the financial targets for councils are to be those reflected in their long term financial plans, delivery programs and operational plans.

They will also establish the following principles of sound financial management:

· responsible and sustainable spending, aligning general revenue and expenses as per the councils’ planning documents.

· responsible and sustainable infrastructure investment for the benefit of its community.

· effective financial and asset management, including sound policies and processes for:

o performance management and reporting, and

o asset maintenance and enhancement, and

o funding decisions, and

o risk management practices.

· achieving intergenerational equity, including ensuring that:

o policy decisions are made having regard to their financial effects on future generations, and

o the current generation funds the cost of its services.

Supported

8.7 Financial Reporting

Proposed Amendment:

Consistent with the proposal that councils’ financial obligations be recast to establish a “principles-based” approach in the Act detailed reporting requirements should be specified instead in the Regulation and the Local Government Code of Accounting Practice and Financial Reporting.

Supported

8.8 External Audit

Proposed Amendment:

It is proposed to place Local Government audits under the aegis of the NSW Auditor-General.

There will also need to be transitional arrangements in the Bill to ensure that existing auditor appointments can be brought to an orderly conclusion, with minimal disruption to councils, current auditors and the Audit Office of New South Wales.

Supported

CONSULTATION

This (and previous) Reports detail the consultation that has occurred as a consequence of the local government reform process. As such, there have been ongoing discussions with the Local Government Acts Taskforce, the Independent Local Government Review Panel, industry bodies and representatives of other councils.

BUDGET

There are no budgetary implications associated with this Report.

POLICY

There are no policy implications associated with this Report.

CONCLUSION

Council has been involved as much as possible in all stages of the process of the review of the Local Government legislation and has provided input by way of submissions at each opportunity. The comments included in the table within this Report are the result of several considerations of relevant information and feedback involving the Local Government Acts Taskforce, the NSW Government, Councillors and relevant council staff throughout the process since 2013. It is proposed that those responses be endorsed and form the basis of a final submission to the NSW Government.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Manager Governance and Customer Service – Robyn Abicair, who can be contacted on 9847 6608.

Glen Magus

Acting Deputy General Manager

Corporate Support Division

Gary Bensley

Acting General Manager

Office of the General Manager

Attachments:

There are no attachments for this report.

File Reference: F2016/00028

Document Number: D06879396

Model of Care	Typical Operating Weeks	Typical Opening Hours	Typical Age of Children	Regulatory Framework	Funding Assistance
Traditional Preschool	School Terms (40 weeks per year)	9am-3pm (6 hours)	3-5 year olds	· Children – Education and Care Services National Regulations, · Early Years Learning Framework · National Quality Framework	State
Extended Hours Preschool	Minimum 48 weeks per year	8:30am-4:30pm (min 8 hours)	3-5 year olds	· Children – Education and Care Services National Regulations, · Early Years Learning Framework · National Quality Framework	Federal
Long Day Care	Up to 52 weeks per year	7:30am – 6pm (min 8 hours)	0-5 year olds	· Children – Education and Care Services National Regulations, · Early Years Learning Framework · National Quality Framework	Federal

Group Manager’s Report No. PL13/16

Planning Division

Date of Meeting: 9/03/2016

6 DEVELOPMENT APPLICATION - FIVE STOREY RESIDENTIAL FLAT BUILDING COMPRISING 24 UNITS - 14-18 BELLEVUE STREET, THORNLEIGH

EXECUTIVE SUMMARY

DA No:	DA/1337/2015 (Lodged on 14 October 2015)
Description:	Demolition of existing structures and erection of a five storey residential flat building comprising 24 units with basement car parking
Property:	Lots 14, 15 and 16, Sec 3 DP 1854, Nos. 14 - 18 Bellevue Street, Thornleigh
Applicant:	Developcraft Pty Ltd
Owner:	Mr Joseph Peter Ahal, Mrs Angela Christine Ahal, Mr Nicholas Emad Khamis, Mr Anthony Asmar
Estimated Value:	$5,398,620
Ward:	C

· The application involves demolition of existing structures and the erection of a five storey residential flat building comprising 24 units with basement car parking.

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

· Two petitions, signed by eight residents have been received in respect of the application.

· It is recommended that the application be approved.

RECOMMENDATION

THAT Development Application No. DA/1337/2015 for demolition of existing structures and erection of a five storey residential flat building comprising 24 units with basement car parking at Lots 14, 15 and 16 Sec 3 DP 1854, Nos. 14 - 18 Bellevue Street, Thornleigh be approved subject to the conditions of consent detailed in Schedule 1 of Group Manager’s Report No. PL13/16.

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 14 October 2015.

SITE

The site comprises three allotments, Nos. 14-18 Bellevue Street with an area of 1337sqm. The site is located on the south-eastern part of Bellevue Street in close proximity to the intersection of Pennant Hills Road. The site has a minor cross fall of 3.9% from the southern corner to the northern corner (to the street).

The site contains three dwelling-houses with associated outbuildings and landscaping and a number of exotic, native and locally indigenous trees.

The site is located on the southern side of the Thornleigh Marketplace that accommodates Woolworths. Further to the west of the site, is located the ALDI supermarket complex. The site is also within walking distance of Thornleigh Train Station, which is approximately 320 metres west of the site. Bus stops with regular services to Hornsby are located along Pennant Hills Road in close proximity to the site.

The site forms part of a redevelopment precinct which is zoned for five storey development.

PROPOSAL

The proposal involves the demolition of existing structures and construction of a five storey residential flat building plus mezzanine comprising 24 units with 2 levels of basement car parking.

The unit mix would comprise 7 x 1 bedroom, 13 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 the Bellevue Street via a driveway located along the western 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. A total of 28 car parking spaces, including four visitors’ parking spaces, bicycle and motorbike parking spaces are proposed in two basement levels.

ASSESSMENT

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

1. STRATEGIC CONTEXT

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

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

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

The proposed development would be consistent with ‘A Plan for Growing Sydney’, by providing 21 additional dwellings and would contribute to housing choice in the locality.

2. STATUTORY CONTROLS

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

2.1 Hornsby Local Environmental Plan 2013

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

2.1.1 Zoning of Land and Permissibility

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

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

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

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

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

2.1.2 Height of Buildings

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

2.1.3 Heritage Conservation

Clause 5.10 of the HLEP sets out heritage conservation provisions for Hornsby Shire. The site does not include a heritage item, is not located in a heritage conservation area or within the vicinity of a heritage item. Accordingly, no further assessment in this regard 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 its sides and rear and Bellevue Street to the front. Accordingly, conditions of consent are recommended regarding submission of dilapidation reports assessing the impact of the excavation on the adjoining residential properties.

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. 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 fibro clad dwelling houses and the associated outbuildings, there is potential for the existing buildings to contain asbestos. Appropriate conditions are included to require all asbestos to be removed from the site. 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.

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 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.

SEPP 65 was amended on 19 June 2015, following review of the Policy by the Department of Planning and Environment. The amendments replace the Residential Flat Design Guidelines with the Apartment Design Guide which prevails in the event of any inconsistency with a Development Control Plan. The amendments include objectives to meet housing and population targets, affordable housing and to facilitate timely and efficient assessment of development application. The amendments make further provision for design review panels; include additional provisions for the determination of development application and for standards for car parking, visual privacy, solar and daylight access, common circulation and spaces, apartment size and layout, ceiling heights, private open space and balconies, natural ventilation and storage, which cannot be used as grounds for refusal of development consent.

Given that the development application was lodged on 14 October 2015, the provisions of the amended SEPP 65 apply.

Principle	Compliance
1. CONTEXT AND NEIGHBOURHOOD CHARACTER	Yes
Comment: The site is located within a precinct planned for five storey residential flat buildings in close proximity to Thornleigh Railway Station and commercial centre. The proposal responds to the desired future character of the precinct as envisaged by Council for residential flat buildings in landscaped settings with underground car parking. Once the development of the precinct is completed, the proposal would integrate with the surrounding sites and would be in keeping with the future urban form. The proposed building would respond and contribute to the identity and future character of the precinct and its context.
2. BUILT FORM AND SCALE	Yes
Comment: The scale, bulk and height of the development is appropriate for the desired future character of five storey development within the precinct. The proposed building generally complies with the height, setbacks and maximum floor-plate dimension prescribed within the HDCP. The development achieves a scale consistent with the desired outcome for well-articulated buildings that are set back to incorporate landscaping, open space and separation between buildings. The proposal incorporates high quality facades with a balanced composition of varied building elements including a defined base, middle and top of the building and achieves an appropriate built form for the site and its purpose, in terms of building alignments, proportions, and the manipulation of building elements. Flat roof forms have been adopted with an increased top storey setback on the external facades to minimise bulk and height of the building as required by the HDCP.
3. 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.
4. SUSTAINABILITY	Yes
Comment: The application includes good sustainable design including the use of natural cross ventilation and sunlight for amenity, liveability of residents. 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.
5. LANDSCAPE	Yes
Comment: The application includes a landscape concept plan which provides landscaping along the street frontages, side and rear boundaries. Medium to large trees are proposed along the street frontages intercepted by shrubs and hedges which would soften the appearance of the development when viewed from the streets. Deep soil areas that incorporate canopy trees are provided around the building envelope which would enhance the development’s natural environmental performance and provide an appropriate landscaped setting.
6. 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 adequate indoor and outdoor spaces with 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 efficient and safe access to service areas and all residential units via a central lift connecting the basement and all other levels.
7. SAFETY	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 street. The proposal includes an assessment of the development against crime prevention controls in the Statement of Environmental Effects (SEE). The SEE has regard to Crime Prevention Through Environmental Design Principles (CPTED) and includes details of surveillance, access control, territorial reinforcement and space management such as artificial lighting in public places; attractive landscaping whilst maintaining clear sight lines; security coded door lock or swipe card entry; physical or symbolic barriers to attract, channel or restrict the movement of people; 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 ensure that there is a positive relationship between public and private spaces achieved through clearly defined secure access points and well-lit and visible areas that are easily maintained.
8. HOUSING DIVERSITY AND SOCIAL INTERACTION	Yes
Comment: The proposal incorporates a range of unit sizes to cater for different demographics, living needs and household budgets. 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 Thornleigh Railway Station and commercial centre. The communal open space at the rear with seating arrangements and lawn areas provide opportunities for social interaction amongst residents.
9. 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, recycled materials and colours would achieve a built form generally consistent with the design principles contained within the Apartment Design Guideline and the HDCP.

2.6 State Environmental Planning Policy No. 65 – Apartment Design Guide

Amendment No. 3 of the SEPP 65 also requires consideration of the Apartment Design Guide, NSW Department of Planning and Environment 2015. The Guide 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 Guide:

Apartment Design Guide
Control	Proposal	Requirement	Compliance
Deep Soil Zone	44%	7% of site area	Yes
Communal Open Space	26%	25%	Yes
Ground Level Private Open Space	15m² Min Depth of 3m	15m² Min Depth of 3m	Yes Yes
Solar Access (Living rooms and private open space areas)	70.8% (17/24)	2 hours for 70% of units	Yes
No Solar Access allowable for units	8.3% (2/24)	15% of units (max)	Yes
Natural Cross Ventilation	79% (19/24)	60%	Yes
Minimum Dwelling Size	1 br – 50m²- 58m² 2 br – 70m²- 75m² 3 br – 95m²- 105m²	1 br – 50m² 2 br – 70m² 3 br – 90m² + 5m² for additional bathrooms	Yes Yes Yes Yes
Habitable room depth from a window for open plan layout	4m to 8m	8m from a window (max)	Yes
Minimum Ceiling Height	2.8m (min)	2.7m (habitable rooms) 2.4m (non-habitable rooms)	Yes
Minimum Balcony Size (minimum depth 2m – 2.4m)	1 bedroom 9 -12m² 2 bedroom 11 - 23m² 3 bedroom 12 - 23m²	1 bedroom 8m² 2 bedroom 10m² 3 bedroom 12m²	Yes Yes Yes
Maximum Number of Units on a Single Level	6 units	8 units off a circulation core	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

As detailed in the above table, the proposed development generally complies with the prescriptive measures within the Apartment Design Guide (ADG). Below is a brief discussion regarding the relevant development controls and best practice guidelines.

2.6.1 Solar Access and Ventilation

As stated in the table, more than 70% of the units would receive two hours of direct solar access between 9am and 3pm during winter solstice. The application is acceptable in this regard.

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

2.6.2 Apartment Size and Layout

The proposed residential flat building incorporates a mix of single aspect and corner units comprising of one, two and three bedroom apartments. The majority of apartments would be well ventilated with some corner units provided with dual aspect balconies.

The proposed layout of all units consist of open plan living/dining rooms that have a minimum width of 3.6m for one bedroom units and a minimum width of 4m for two and three bedroom units and all window areas in habitable rooms are greater than 10%. This complies with the controls of the ADG. As the majority of units have also been designed for adequate cross ventilation, it is considered that these layouts are well designed and functional for a majority of units.

The ADG also prescribes that master bedrooms have a minimum size of 10m² with a minimum dimension of 3m excluding wardrobes and all other bedrooms to have a minimum size of 9m² with a minimum dimension of 2.8m. The proposed bedroom sizes comply with these requirements. Conditions of consent are recommended to ensure that the wardrobes are sized in accordance with the requirements of the ADG.

The proposed outdoor living areas comply with the minimum dimensions required by the ADG on all floors and are readily accessible from the primary living areas.

2.6.3 Internal Circulation

The proposed development includes access to all floors via a lift. The internal corridors meet the AGD requirements with regard to ventilation and the number of units at each level.

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 ADG in regard to acoustic privacy.

2.6.5 Storage

The proposed residential flat building includes storage areas within the apartments, accessed from either circulation or living areas and within the basement levels complying with the ADG requirements. To ensure that the storage provided is proportional to the size of the apartment, a condition is recommended that each dwelling within the development has a minimum storage area 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 storage in kitchens, bathrooms and bedrooms.

2.6.6 Facades

The proposed residential flat building incorporates high quality facades with a balanced composition of varied building elements including a defined base, middle and top of the building. The facades are well composed with horizontal and vertical elements with varied textures that provide visual interest along the street while respecting the character of the local area. The proposal is consistent with the ADG with regard to facades.

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 and 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	36.8m	30m	Yes
Height	5 storeys including mezzanine – 17.5m	5 storeys – 17.5m	Yes
Maximum Floorplate Dimension	20m (N/S) 28m ( E/W)	35m 35m	Yes Yes
Building Indentation	4m x 4m	4m x 4m	Yes
Height of Basement Above Ground	<1m	1m (max)	Yes
Front Setback	10m 8m (for 9m) < 1/3 frontage 7m (balconies)	10m 8m (for 9m) < 1/3 frontage 7m (balconies)	Yes Yes Yes
Rear Setback	10m 8m (for 9m) < 1/3 frontage 7m (balconies)	10m 8m (for 9m) < 1/3 frontage 7m (balconies)	Yes Yes Yes
South-East Setback	6m 4m (for 7m) < 1/3 frontage 5m (balconies)	6m 4m (for 7m) < 1/3 frontage 6m (balconies)	Yes Yes No
North-West Setback	6m 4m (for 7m) < 1/3 frontage 5m (balconies)	6m 4m (for 7m) < 1/3 frontage 6m (balconies)	Yes Yes No
Top Storey Setback from Ground Floor	3m	3m	Yes
Underground Parking Setback	7m-front 7m-rear 4m-side	7m-front 7m-rear 4m-sides	Yes Yes Yes
Basement Ramp Setback	2m	2m	Yes
Deep Soil Landscaped Areas	7m-front 7m-rear 2m- (NW side) 4m - (SE side)	7m-front 7m-rear 4m-sides	Yes Yes No Yes
Communal Open Space with Minimum Dimensions 4m	50m² (min) 26%	50m² (min) 25%	Yes
Parking	24 resident spaces 4 visitor spaces 5 bicycle racks 4 visitor bicycle racks 1 motorbike space	24 resident spaces 4 visitor spaces 4 bicycle racks 3 visitor bicycle racks 1 motorbike space	Yes Yes Yes Yes Yes
Housing Choice	1br – 29.1% 2br – 54.1% 3br– 16.6%	10% of each type (min)	Yes
Adaptable Units	30% (8/24)	30%	Yes

As detailed in the above table, the proposed development generally complies with the prescriptive requirements within the HDCP except balcony setbacks and deep soil landscaping. The matter of non-compliance is detailed below, as well as a brief discussion on compliance with relevant desired outcomes.

2.9.1 Desired Future Character

The site is included in the Station Street, Thornleigh 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.

2.9.2 Site Requirements

The HDCP requires sites to have a minimum frontage of 30 metres. The subject site complies with this requirement. It is noted that the two adjoining allotments, on the south-eastern side of the property (Nos. 20 and 22 Bellevue Street) would have a frontage of 27m to Bellevue Street and a frontage of 36m to Wood Street. Whilst the frontage to Bellevue Street, for the adjoining site, would not comply with HDCP requirements, being a corner allotment, it would have a frontage of 30m to Wood Street. Therefore, the adjoining properties cannot be considered as isolated parcels.

The existing lots within the precincts are considerably small when compared to similar precincts elsewhere within the Shire. Therefore, it is anticipated that the development pattern along Bellevue Street would comprise amalgamation of primarily three lots. This development, being the first on the street, would not compromise the amalgamation pattern for Nos. 4 – 12 Bellevue Street.

Given the above, it is not considered that the proposed amalgamation would result in isolation of any site based on the HDCP prescriptive measures. However, it is acknowledged that the resultant development on the adjoining site at the corner of Wood Street and Bellevue Street would be a considerably smaller building envelope which would be a result of the existing allotment sizes.

2.9.3 Setbacks

As noted in the table above, the proposal generally complies with most of the building setback controls. The HDCP requires 5-storey residential flat buildings to incorporate a 3m additional setback for the top storey on all elevations. The development complies with the prescriptive measures and is assessed as satisfactory with regard to setbacks.

2.9.4 Built Form and Separation

Building Separation

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

The development would adjoin future five storey developments on both sides and the rear. While the building complies with the building separation requirements on all sides and at all levels, the wrap around corner balconies would have 5m setbacks from the side boundaries.

It is anticipated that these 1m wide sections of the corner balconies would assist in achieving the cross ventilation for the units and the built form perceived in the HDCP; however, would not be used as the extended outdoor space. Notwithstanding, moveable privacy screens are proposed for these elevations of the balconies to alleviate any adverse privacy impacts. Highlight windows have been added to the habitable rooms with 4m setback from the side boundaries.

One terrace on the ground floor (Unit 4) would also encroach within the stipulated setback from the north-western boundary. A condition of consent recommends the construction of a 2m wide planter box along the entire north-western elevation of this terrace with 1.8m high screen planting to alleviate any overlooking opportunities due to the encroachment.

The proposed development is assessed as satisfactory with regard to building separation and the minor non-compliances are considered acceptable.

Floor-Plates

The proposed building would have maximum floor-plate dimensions that comply with the requirements of the HDCP. The building design achieves the pavilion effect and is considered a reasonable design outcome for the site. It is noted that the proposed indentations are numerically less than 4m x 4m at the upper levels of the building. However, the building walls are considerably stepped and the articulation achieves the required pavilion effect on all facades.

The floor plate dimensions and the proposed indents are considered to be reasonable design outcomes for the site.

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; and

· 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.

2.9.5 Landscaping

The landscaping provisions of the HDCP prescribe that a 7m wide landscaped area be provided at the front and a 4m wide landscaped area be provided along the side boundaries.

The design of the basement generally achieves the prescribed setbacks along the boundaries. However, it is noted that the driveway ramp has a setback of 2m from the north – western boundary. Therefore, the width of the deep soil landscaped area along this boundary has been reduced considerably. Given that the HDCP allows driveway encroachment up to 2m within the side setbacks, this is considered acceptable.

Landscaping along the Bellevue Street frontage 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 and seating areas is located within the south-eastern rear setback area. This would provide a communal space that is readily accessed by the residents.

The submitted landscape plan proposes medium sized shrubs to provide privacy and peripheral landscaping along the south-western boundary. The building is setback 4m – 6m at this location to achieve appropriate building separation.

2.9.6 Open Space

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

The proposed communal open space area, located at the rear of the site, complies with the prescriptive area requirements of the HDCP. Direct access to the communal open space is proposed off the ground level foyer. The proposal is assessed as satisfactory in this regard.

2.9.7 Privacy and Security

The proposed development is appropriately designed for privacy with all of the units having an external outlook. The proposal is generally consistent with the separation requirements of the HDCP on all sides with provisions for screens where appropriate. As a result, the development would not compromise the privacy of future occupants or adjoining neighbours.

In terms of security, the proposal has been designed to provide safe, clear and direct pedestrian entrances from Bellevue Street. 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.

2.9.8 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.

2.9.9 Vehicular Access and Parking

The proposed basement car park is over two levels and is accessed via a 6m wide driveway from Bellevue Street.

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 three accessible car spaces.

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

2.9.10 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 2 x 660 litre garbage bins serviced two times per week, 5 x 240 litre recycling bins serviced weekly and 1 x 660 litre paper/cardboard bin. The site will need an additional 5 x 240 litre garbage bins and 5 x 240 litre recycling bins to swap over on each floor in the absence of a chute system.

A bin cupboard accommodating the garbage bin and recycling bin would be provided at each residential level. A garbage room is proposed at the upper basement level along with a bulky waste storage area (8 sqm) is proposed at the basement. The size of the garbage room is sufficient to store the required number of bins.

A separate ground level bin storage and collection area is proposed on the north-western side of the driveway. A site caretaker would cart the bins up the ramp to the collection area. A motorised trolley storage area and bin-lifter have been provided in the basement for this purpose. 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. The truck would only utilise the driveway area twice weekly and would not restrict useability of the access way by the residents of the building.

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.

2.9.11 Station Street, Thornleigh Precinct

The strategy for redevelopment of this precinct is to incorporate five storey residential flat buildings in garden settings with parking in basements. The development responds appropriate to the site constraints and would provide for a landscaped setting and a built form that is consistent with the desired outcome for the Station Street, Thornleigh precinct.

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

3. ENVIRONMENTAL IMPACTS

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

3.1 Natural Environment

3.1.1 Tree and Vegetation Preservation

The subject site and adjoining land contains exotic and native (exempt species). Four trees within the property would be removed to facilitate the construction of the building and two street trees would be removed to facilitate the driveway access to the site. None of the trees to be removed are considered significant trees.

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 (18 in total), shrub layers and ground covers. Further, screen planting with 19 medium sized plants is proposed along the north-western boundary. 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.

Replacement of the street trees is not required as there are a further seven street trees located in front of the site and there is not sufficient area to permit further street planting adjacent to the site.

3.1.2 Stormwater Management

The development would connect to the existing drainage system located in Bellevue Street via an onsite detention tank located within the front setback to control the discharge of water from the site and a rainwater tank to control the water quality.

The details of the system, prepared by an accredited engineer, 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 a frontage to Bellevue Street, which is a local road. The site is also located in close proximity to Pennant Hills Road. A Traffic and Parking Impact Assessment submitted with the proposal estimates the traffic generation from the existing site and proposed development using RMS (Roads and Maritime Services) traffic generation rates of 2002. The net traffic generation is estimated to be 9.2 vehicle trips per hour (vtph) in the AM and PM peak hours. Council’s traffic assessment concludes that the traffic generation should be calculated utilising the RMS TDT 2013/04. Based on this, the nett traffic generation is estimated to be 2vtph in the AM and 1 vtph in the PM peak hour which is negligible when compared with the traffic volumes on the adjacent road network.

Although this additional traffic may appear to be negligible when compared with the traffic volumes on the adjacent road network for this development alone, the cumulative traffic impacts of all sites earmarked for redevelopment in the precinct would be significant. The cumulative impact has been considered in the strategic transport model for Council’s Housing Strategy. The State Government has committed funding to address regional traffic growth, including the construction of NorthConnex to provide important infrastructure for freight traffic and the wider connectivity within NSW to reduce congestion and improve traffic flow along Pennant Hills Road.

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 Thornleigh Railway Station and Thornleigh Marketplace, ALDI supermarket complex, recreational, health and education facilities for future residents.

3.4 Economic Impacts

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

4. SITE SUITABILITY

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

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

5. PUBLIC PARTICIPATION

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

5.1 Community Consultation

The proposed development was placed on public exhibition and was notified to adjoining and nearby landowners between 29/10/2015 and 17/11/2015 in accordance with the Notification and Exhibition requirements of the HDCP. During this period, Council received two petitions signed by residents of eight properties. 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

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

· The development would result in traffic congestion during the construction phase;

· The existing houses comprise asbestos and the demolition of the structures would have adverse impact on the neighbouring properties;

· The development includes insufficient number of car spaces within the basement to cater for the proposed number of units;

· The reversing of garbage trucks on to the driveway to collect the garbage is not acceptable as it would block the access for the residents of the building;

· The placement of bins on the kerbside is not acceptable as it would adversely impact on the neighbourhood;

· The side setback on one of the boundaries does not comply with the HDCP requirements;

· The proposed notification process is not considered satisfactory as the Thornleigh marketplace (located on the opposite side of the site) and the properties on Wood Street and Station Street have not been notified;

· No yellow notice has been installed on the site; and

· The notification period should be extended and additional properties should be notified of the development.

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 Traffic Congestion During Construction Phase

The applicant has submitted a Construction Traffic Management Plan to address traffic and pedestrian management, equipment storing areas and truck routes during the demolition and construction phase of the development. Council’s assessment in this regard concludes that the implementation of the plan would mitigate impacts subject to conditions of consent requiring a detailed plan to be prepared prior to commencement of works and the copies of plan to be provided to all contractors working on the site. Subject to implementation of this condition, the proposal would have not an unreasonable impact on the residents of the neighbouring properties due to construction traffic.

5.1.2 Notification Process

As indicated in the above map, the proposal was notified to neighbouring properties in accordance with the notification and exhibition requirements of the HDCP. The applicant has provided Council with a photo of the yellow sign being erected on the fence. A letter of notification was sent to the Thornleigh Marketplace. At the request of one of the residents, the notification period was extended by an additional week; however, additional properties were not notified.

The proposed development forms a part of a redevelopment precinct and is located on the opposite side of a Business Zone. Given the location of the building, there is so sensitive interface in any direction. The proposal has regard to the adjoining dwelling houses and complies with the setbacks on all sides except the driveway encroachment.

Given the above, further re-notification of the development and extension of time were not considered necessary.

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 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 proposes demolition of existing structures and construction of a five storey residential flat buildings comprising 24 units and basement car park.

The proposed development is designed in accordance with the Key Principles of ‘Station Street, Thornleigh 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 Apartment Design Guide.

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.

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

RESPONSIBLE OFFICER

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

Rod Pickles

Manager - Development Assessment

Planning Division

James Farrington

Group Manager

Planning Division

Attachments:

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

File Reference: DA/1337/2015

Document Number: D06871934

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:

Approved Plans

Plan No.	Plan Title	Drawn by	Dated
D:01 Issue D	Cover Sheet	Zhinar Architects	24/02/2016
D:03 Issue D	Site Analysis	Zhinar Architects	24/02/2016
D:04 Issue D	Basement 1 and 2 Plans	Zhinar Architects	24/02/2016
D:05 Issue D	Ground and First Floor Plan	Zhinar Architects	24/02/2016
D:06 Issue D	Second and Third Floor Plan	Zhinar Architects	24/02/2016
D:07 Issue D	Fourth and Mezzanine Plan	Zhinar Architects	24/02/2016
D:08 Issue D	Top Roof Plan	Zhinar Architects	24/02/2016
D:09 Issue D	East and West Elevations	Zhinar Architects	24/02/2016
D:10 Issue D	North and South Elevations	Zhinar Architects	24/02/2016
D:11 Issue D	Sections	Zhinar Architects	24/02/2016
15185 DA 1 B	Landscape Concept Plan	Vision Dynamics	27/01/2016
ER001 B	Sediment and Erosion Control Plan	HKMA Engineers	22/01/2016
SW003 B	On-Site Detention and Rainwater Tank details	HKMA Engineers	22/01/2016
SW002 B	Stormwater Layout Ground Floor	HKMA Engineers	22/01/2016
SW001 B	Stormwater Layout Basement	HKMA Engineers	22/01/2016

Supporting Documentation

Document Title	Prepared by	Dated
D:02 Issue D Urban Context Analysis	Zhinar Architects	24/02/2016
D:12 Issue D Shadow Diagrams	Zhinar Architects	24/02/2016
C:13.1 – C:13.4 and C:14 Solar Access Diagrams	Zhinar Architects	20/01/2016
Site Tree Location Plan	HSC	February 2016
Survey Plan	C and A Surveyors	3/06/2015
Waste Management Plan	Rod Turkmani	12/10/2015
Access Compliance Assessment Report	Certified Building Specialists	12/10/2015
Photomontage	Zhinar Architects	-
Statement of Environmental Effects and addendum	Think Planners	13/10/2015 and 2/02/2016
Traffic and Parking Assessment Report	Varga Traffic Planning	22/01/2016
Mass Curve Analysis	HKMA Engineers	Received 7/10/2015
NAThERS Certificate 000233189 and 000233270	Robert Mallidine	29/01/2016
BASIX Certificate 672608M_02	Designview	30/01/2016
Construction Traffic Management Plan	SBMG Pty Ltd	11/11/2015

2. Removal of Existing Trees

a) This development consent permits the removal of trees numbered 1, 2, 3, 4, 5 and 6 as identified on the Site Tree Location Plan dated February /2016.

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).

c) The removal of trees numbered 1 and 2 located on the nature strip shall be undertaken in accordance with the following:

i) A suitably qualified and experienced Arborist (Australian Qualification Level 3 or higher) shall be employed to undertake the works.

ii) A copy of the Arborists (Tree Contractors) Public Liability Insurance Certificate and qualifications shall be provided to Council prior to the works date.

iii) Written notification of the date of works is to be provided to Council one week in advance.

3. Amendment of Plans

a) To comply with Councils requirement in terms of privacy, the approved plan D:05 Issue D prepared by Zhinar Architects dated 24/02/2016 is to be amended to include a 2m wide planter box along the north-western elevation of the terrace to Unit 4 to incorporate screen planting reaching a height of 1.8m.

b) The approved Landscape Concept Plan No. 15185 DA 1 B prepared by Vision Dynamics, dated 27/01/2016 is to be amended to reflect the location of the approved fire stairs on Plan No. D:05 Issue D prepared by Zhinar Architects dated 24/02/2016.

c) Plan Nos. D:09 Issue D and D:10 Issue D prepared by Zhinar Architects dated 24/02/2016 are to be amended to show that all glazed balustrades are to be frosted as per the Materials Legend

d) These amended plans must be submitted with the application for the Construction Certificate.

4. Construction Certificate

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

b) 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.

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 2014-2024, 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	$8,996.70
Open Space and Recreation	$198,496.90
Community Facilities	$88,414.45
Plan Preparation and Administration	$559.80
TOTAL	$296,467.85

being for 7 x 1 bedroom, 13 x 2 bedroom and 4 x 3 bedroom units with a credit of three dwellings.

b) The value of this contribution is current as at 10 February 2016. 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

6. Building Code of Australia

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

7. Contract of Insurance (Residential Building Work)

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.

8. Notification of Home Building Act, 1989 Requirements

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

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

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

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

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

i) The name of the owner-builder; and

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

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

9. Utility Services

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

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

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

10. Sydney Water – Quick Check

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

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

11. 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.

12. 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".

13. 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 drainage system on Bellevue Street;

b) Engineering plans in relation to the extension of Councils street drainage system to the development site are to be submitted to Council for approval;

c) The design plans are to provide for hydrological and hydraulic calculations. The system is to be designed for the 20 year ARI storm event. The pipeline is to be located under the kerb and gutter and the existing kerb and gutter is to be removed and reconstructed. Detailed engineering plans are to be submitted to Council for approval; and

d) At least 80% of the roof area is to drain to the required rainwater tank to provide for the WSUD requirements. The tank must have a minimum volume of 16,800litre, be connected to the communal water system and to all units for toilet flushing and laundry use. Details are to be submitted with the construction certificate plans.

14. On Site Stormwater Detention

An on-site stormwater detention system must be located as per the approved plans and designed by a chartered civil engineer in accordance with the following requirements:

a) Have a capacity of not less than 17 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; and

d) Detailed calculations are to be shown in construction certificate plan.

15. Internal Driveway/Vehicular Areas

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

a) Design levels at the front boundary 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 must be relocated underground at no cost to Council;

d) The driveway grade must not exceed 25 percent and changes in grade must not exceed 8 percent;

e) Longitudinal sections along both sides of the access driveway must 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 must incorporate the design levels obtained by Council. For the first 6m inside the property boundary, the grade must not exceed 5%; and

f) Detailed calculations be shown on the construction certificate plans.

16. Footpath

A concrete footpath must be designed across the full frontage of the subject site in accordance Council’s Civil Works Design and Construction Specification 2005 and the following requirements:

a) The existing footpath being removed;

b) Pouring of the concrete footpath to the full frontage of the subject site;

c) The land adjoining the footpath to be fully turfed;

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

e) Detailed engineering plans are to be submitted to Council for approval.

17. 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) The existing kerb and gutter is to be removed and reconstructed;

b) All redundant access crossings are to be removed and the area made good;

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

d) Detailed engineering plans are to be submitted to Council for approval.

18. Adaptable Units/Letter Boxes/Storage

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

a) The development is required to provide 8 units designed as adaptable housing pursuant to the requirements of 1C.2.2 of the Hornsby Development Control Plan 2013. In this regard, three (3) car parking spaces are to be designed for people with a disability and allocated to 3 accessible units;

b) The letter boxes must be located as shown on the approved plan C:05 Issue C;

c) The details of front fences must be in accordance with Dwg No. C:10 Issue C; and

d) Each dwelling within the development must have a minimum area for storage (not including kitchen and bedroom cupboards) for 6m³ for one bedroom units, 8m³for 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.

19. Waste Management Details

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

a) The bin holding area at the ground level must be 1.6m x 5.5m. The bin area must be relocated to be setback 1m from the front boundary and screened by 1.2m high plants;

b) The entire length of the bin holding area is to be at the same level and slope as the driveway. There must be no raised median, 300 mm high kerb, retaining wall, step or any other barrier between the driveway and the bin holding area;

c) The waste facilities on each residential level must be accessible by persons with a disability (a garbage bin and recycling bin in a cupboard), must have internal dimensions of no less than 1.5 m wide by 0.9 m deep, and double doors of width no less than 1.5 m.

Note: Internal dimensions do not include wall thickness, door thickness, ventilation ducting etc., which must be added.

20. Waste Management Plan

a) 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.

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

21. Amended Construction Traffic Management Plan

Prior to the commencement of any works, an amended Construction Traffic Management Plan is to be submitted for Council for approval including the following requirements:

a) Details of the site location, a scope of works approved and the order of construction works;

b) State and local roads in the proximity of the development;

c) Verification by both the author of the Plan who is employed by SBMG Traffic Management Plans and by the Principal Building Contractor;

d) A document verifying that the vehicles are required to enter Bellevue Street via Woods Street. No vehicles should enter or exit the site by crossing over any lanes of traffic.

e) No swing or hoisting of materials or the like are to occur from Bellevue Street;

f) All site fencing is to be located wholly within the site unless a Hoarding Permit has been obtained from Council;

g) All works are to take place from within the site boundaries, unless a Work Zone Permit or Hoarding Permit for Bellevue Street has been obtained. If Work Zone or Temporary Hoarding Permits are required to enable the entry and egress of trucks from the site, a plan detailing pedestrian access during all stages of the development is required to be submitted;

h) Details of the proposed location of concrete pumps and construction cranes on site for each of the stages of construction are to be shown. The plan should show the pumps and cranes with the support legs fully extended throughout the various stages of construction works. If the pumps and/or cranes are unable to fit on site, Work Zone permits would be required to be obtained from Council;

i) A map of truck routes should be included showing that the trucks will enter the development site from Bellevue Street via Woods Street. The truck route should also indicate that trucks will exit the development site to Pennant Hills Road via Bellevue Street;

j) A clause stating that all excavation, delivery and concrete trucks are to follow the approved plan and are not to enter or exit the site via local roads;

k) A map of existing parking restrictions in the proximity of the development;

l) Swept path diagrams of all vehicles;

m) Location of temporary hoardings, fencing or awnings.

22. 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.

23. Protection of Adjoining Areas

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

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

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

24. 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.

25. 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.

REQUIREMENTS DURING DEMOLITION AND CONSTRUCTION

26. 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.

27. 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;

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 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.

28. Environmental Management

The site must be managed in accordance with the publication ‘Managing Urban Stormwater – Landcom (March 2004) and the Protection of the Environment Operations Act 1997 by way of implementing appropriate measures to prevent sediment run-off, excessive dust, noise or odour emanating from the site during the construction of the development.

29. Street Sweeping

To protect the surrounding environment, street sweeping must be undertaken following sediment tracking from the site along the Bellevue Street frontage 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.

30. 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.

31. 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.

32. 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.

33. 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 17.5m above the natural ground level at that point.

34. Waste Management

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

a) The identity of the person removing the waste.

b) The waste carrier vehicle registration.

c) Date and time of waste collection.

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

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

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

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

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

35. 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.

36. Fulfilment of BASIX Commitments

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

37. 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.

38. Water Saving Urban Design

A Water Saving Urban Design (WSUD) is to be constructed generally in accordance with the engineering report and plans prepared HKMA Engineers except where modified by this consent. The Water Quality Targets as detailed within the report and Hornsby Shire Councils Development Control Plan are to be achieved in the design.

39. 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.

40. 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.

41. 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 16 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) Ten 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 space is 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.

42. Creation of Easements

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

a) The creation of an appropriate "Positive Covenant" and "Restriction as to User" over the constructed on-site detention/retention, WSUD system 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.

b) To register the positive covenant and the restriction on the use of land, “works-as-executed” details of the on-site-detention system and 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.

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

43. 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 have been satisfactorily completed in accordance with the approved landscape plans listed in Condition 1 of this development consent and the following requirements:

a) Three additional Eucalyptus maculata (Spotted Gum) trees to be planted along the Bellevue Street frontage of the site with a minimum 75 litre pot size;

b) Three additional Tristaniopsis laurina (Water Gum) trees to be planted within the rear setback of the site with a minimum 75 litre pot size;

c) Six additional Elaeocarpus reticulatus (Blueberry Ash) trees to be planted along the south-eastern boundary with minimum 100 litre pot size;

d) Three Callistemon viminalis (Weeping Bottlebrush) must be planted along the verge in front of the site at 5m spacing;

e) The planted street trees are to be located 1000mm long and min 600mm wide mulched plant beds, have three hardwood stakes with a minimum 200 litre pot size;

f) The street trees are to be located to ensure safe sight lines for drivers of vehicles egressing the site;

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

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

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

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

k) On slab planter boxes including the ground cover above the on-site detention tank and the paved areas along the north-western boundary of the site 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.

44. Retaining Walls

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

45. Boundary Fencing

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

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).

46. Installation of Privacy Devices

To establish and maintain a reasonable level of privacy for the adjoining premises, a 2m wide planter box with 1.8m high screen planting (with a dense screen of trees or shrubs) as listed in Council’s “Indigenous Plants for the Bushland Shire” publication must be installed along the north-western elevation of the terrace to Unit 4, at the ground level.

47. 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.

48. 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.

49. 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.

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

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

c) Each unit must be provided with an indoor waste/recycling cupboard for the interim storage of waste with two separate 20 litre containers for general waste and recyclable materials.

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

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

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

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

Note: Ramps between different levels are acceptable.

g) The bin holding area must be screened as required by this development consent.

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.

j) Motorised bin lifting equipment must be provided to assist the site caretaker in the safe decanting of the 240L garbage bins into the 660L garbage bins.

Note: Examples of motorised bin carting equipment include bin tug, electric bin trolley and forklift.

k) The waste facilities (a garbage bin and recycling bin in a cupboard) 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: 240L recycling and garbage bins are 600mm wide by 750mm deep; allow for ease around the bin – 75mm is recommended.

50. 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.

51. Works as Executed Plan

A works-as-executed plan(s) must be prepared by a registered surveyor and submitted to Council for completed road pavement, kerb and 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.

52. Consolidation of Allotments

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

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

53. 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”.

54. Construction of Engineering Works

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

55. Provision for National Broadband Network (NBN)

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

56. 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; and

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

OPERATIONAL CONDITIONS

57. 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).

58. 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.

59. Landscape Establishment

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

60. 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.

61. 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.

62. Waste Management

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

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

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

- 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 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

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 development consent or a permit granted by Council.

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

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

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

Disability Discrimination Act

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

Covenants

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

Dial Before You Dig

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

Telecommunications Act 1997 (Commonwealth)

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

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. PL17/16

Planning Division

Date of Meeting: 9/03/2016

7 DEVELOPMENT APPLICATION - DWELLING HOUSE - 77 MALTON ROAD, BEECROFT

EXECUTIVE SUMMARY

DA No:	DA/920/2015 (Lodged on 27 July 2015)
Description:	Erection of a dwelling house on a vacant allotment
Property:	Lot 2 DP 883724, No. 77 Malton Road, Beecroft
Applicant:	Mrs Natallya Watchreslavovna Horrigan and Mr Gregory David Horrigan
Owner:	Mrs Natallya Watchreslavovna Horrigan
Estimated Value:	$550,000
Ward:	C

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

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

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

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

· It is recommended that the application be approved as a deferred commencement to enable the preparation of an Integrated Vegetation and Fire Management Plan and a Construction Management Plan.

RECOMMENDATION

THAT Development Application No. DA/920/2015 for the construction of a two storey dwelling house at Lot 2 DP 883724, No. 77 Malton Road, Beecroft be approved as a deferred commencement consent 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. PL17/16.

BACKGROUND

Three pre-lodgement meetings were held with Council seeking advice on the following proposals:

· PL/3/2014 for a two lot subdivision and the erection of a dwelling house on each allotment;

· PL/4/2014 for the erection of a dwelling house that would be accessed via an easement that benefits the subject Lot over the adjacent property at Nos. 79 - 87 Malton Road; and

· PL/3/2015 for the erection of a dwelling house that would be accessed via an existing access handle from Malton Road along the south-eastern side boundary.

SITE

The vacant, 6,898m² battle-axe site is located on the north-east side of Malton Road, Beecroft and experiences a fall of 30 metres from street level towards the rear, north-eastern boundary.

The site is bushfire prone land.

The site is flood prone land as Byles Creek, a tributary of the Lane Cove River, drains through the rear, north-eastern boundary of the site.

The site supports the growth of locally significant Blackbutt Gully Forest bushland which contains potential habitat for threatened species including the Gang-gang Cockatoo and Powerful Owl.

The site is located within the Beecroft/Cheltenham Heritage Conservation Area and is in the vicinity of heritage items namely street trees along Malton Road, which are listed in Schedule 5 of the Hornsby Local Environmental Plan 2013 (HLEP).

PROPOSAL

The application proposes the construction of a two storey dwelling house to be built in two modules with a detached garage and entertainment area above, connected by a covered breezeway and a 4 metre wide, 60 metre long driveway accessed from Malton Road.

The ground floor of the dwelling house module would comprise a guest room, rumpus room, bathroom and laundry.

The first floor would include 3 bedrooms, living room, kitchen, study, bathroom, ensuite and a walk-in-robe.

The ground floor of the garage module would comprise 3 car parking spaces and the first floor would include an entertainment room with a bathroom and external deck.

To establish the building envelope, driveway and asset protection zone, the proposal would require the removal of 79 trees.

The application also proposes associated landscaping works including replacement tree planting, a pathway, stone retaining wall and screen planting.

ASSESSMENT

1. STRATEGIC CONTEXT

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

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

2. STATUTORY CONTROLS

2.1 Hornsby Local Environmental Plan 2013

The subject land is zoned R2 (Low Density-Residential) under the Hornsby Local Environmental Plan 2013 (HLEP). The objectives of the R2 zone are:

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

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

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

2.1.1 Height of Buildings

Clause 4.3 of the HLEP provides that the height of a building on any land is not to exceed the maximum height shown for the land on the Height of Buildings Map. The maximum permissible height for the site is 8.5 metres. The 8.3 metre height of the proposal complies with this provision.

2.1.2 Heritage Conservation

Clause 5.10 of the HLEP sets out heritage conservation provisions for Hornsby Shire. The site is located within the Beecroft/Cheltenham Heritage Conservation Area and is in the vicinity of the heritage listed street trees along Malton Road.

Given the steep topography of the site, the maximum roof pitch of the dwelling would be approximately 14 metres below street level which would not visible within the Malton Road streetscape. In addition, the dwelling is located approximately 76 metres from Malton Road and is situated on a battle-axe allotment. As a consequence, the design, materials and siting of the proposed dwelling would have no detrimental impacts on the heritage qualities of the heritage listed street trees in the streetscape or the heritage conservation area.

The classification of the proposed development as BAL 40 restricts the available design and building materials that can be used. The proposed dwelling would complement the surrounding development in terms of bulk, scale, height, roof form, materials and finishes. Accordingly, the proposal is consistent with the heritage provisions of the LEP.

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

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

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

The proposed dwelling house may not be approved as complying development, as the subject site is mapped within an area listed under the Threatened Species Conservation Act, 1995 and proposes the removal of 79 trees. The site is bush fire prone with a Bushfire Attack Level (BAL-40). This rating precludes the application from being assessed as complying development. The site is also located within a heritage conservation area.

The proposal complies with the requirements of the NSW Housing Code in all other aspects including maximum dwelling size, height, setbacks, private open space, landscaping and car parking.

2.3 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005

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.

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

The application has been assessed against the requirements of State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004.

BASIX Certificate No. 645033S has been submitted for the dwelling house in compliance with the requirements of the SEPP.

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

On 1 March 2013, the Environmental Planning and Assessment Act, 1979 was amended so that a DCP provision will have no effect if it has the practical effect of “preventing or unreasonably restricting development” that is otherwise permitted and complies with the development standards set out 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; facilitating development that is permissible under any such instrument and achieving the objectives of land zones under any such instrument. The provisions of a development control plan made for that purpose are not statutory requirements.

2.6 Hornsby Development Control Plan

Hornsby Development Control Plan
Control		Proposal		Requirement	Complies
Scale
Site Area		6,898m²		N/A	N/A
Height		8.3m		8.5m	Yes
Site coverage		5%		30%	Yes
Floor Area Floor Area of outbuilding		343m² 82m²		430m² 100m²	Yes Yes
Setbacks Ground Floor
Front (Battle-axe)		19.9m		1.5m	Yes
Side (Eastern)		36.7m		0.9m	Yes
Side (Western)		23.1m		0.9m	Yes
Rear		36.5m		3m	Yes
Setbacks First Floor
Side (Eastern)		36.7m		1.5m	Yes
Side (Western)		23.1m		1.5m	Yes
Rear		36.5m		8m	Yes
Landscaping		80%		45%	Yes
Open Space
Minimum principal private open space area		>24m²		24m²	Yes
Minimum width of principal private open space		>3m		3m	Yes
Sunlight Access
On 22 June, 50% of required principal private open space area should receive 3 hours of unobstructed sunlight access between 9am and 3pm					Yes
On 22 June, 50% of required principal private open space on any adjoining property should receive 3 hours of unobstructed sunlight access between 9am and 3pm					Yes
Vehicle Access and Parking	3 spaces		2 spaces		Yes

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

2.6.1 Scale

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

The 8.3 metre building height of the proposal complies with the 8.5 metre prescriptive measure.

The 343m² maximum floor area of the proposal complies with the 430m2 prescriptive measure in relation to the 6,898m² allotment size.

The 5% site coverage of the proposal complies with the 30% prescriptive measure.

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

2.6.2 Vehicle Access and Parking

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

An objection raises concerns about the gradient of the driveway and the vehicle turning area.

An assessment of the proposed turning area to allow for the safe exit of a motor vehicle from the property in a forward direction and the driveway design has determined that the proposed driveway meets Council’s driveway and parking specifications. Conditions are recommended in schedule 1 that the driveway be constructed in accordance with the Australian Standards 2890.1, 3727 for driveways and parking areas.

The proposal meets the desired outcomes of Part 3.1.7 Vehicle Access and Parking of the HDCP and is considered acceptable.

2.6.3 Design

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

Objections have been received raising concerns that the removal of trees would result in a loss of views.

Sections 3.1.8(g) and (h) of the HDCP outline the prescriptive measures for view sharing.

In assessing this objection, it is noted that there is no significant or iconic view from adjacent properties that would be impacted by the development or removal of trees.

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

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

2.6.4 Earthworks and Slope

The desired outcomes of Part 1C.1.4 Earthworks and Slope of the HDCP are to encourage “development that is designed to respect the natural landform characteristics and protects the stability of land”.

The application was supported by a Geotechnical report prepared by White geotechnical group dated 27 August 2014 which concludes that the soil profile for the site is suitable for accommodating the proposed driveway, garage and dwelling.

The site experiences an overall fall of 30 metres from the front Malton Road boundary to the rear, north-eastern corner.

Given the significant physical constraint of the site, a condition is recommended requiring certification from a suitability qualified geotechnical engineer with respect to the suitability of the design of the proposal, based on the slope of the land.

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

2.6.5 Bushfire Risk

The site is located on bush fire prone land, with a calculated Bush Fire Attack Level (BAL 40). As a consequence, the application was referred to the Rural Fire Service (RFS) for comment.

The application was supported by a bushfire hazard assessment report prepared by Building Code and Bushfire Hazard Solutions Pty Ltd, Dated 9June 2015.

The classification of the proposed development as BAL 40 restricts the available design, building materials and construction techniques available, limiting the architectural design input for the proposed dwelling house.

Furthermore, to prevent direct flame contact with the dwelling, the bushfire report recommends the establishment of an inner bushfire Asset Protection Zone (APZ), restricting vegetation and canopy cover and recommending future landscaping to comply with Planning for Bushfire Protection 2006.

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

2.6.6 Stormwater Management

The stormwater generated by the development is proposed to be connected to a 5,000 litre rainwater tank with any overflow to be disposed of via a trench spread evenly over the site.

Councils engineering assessment concludes that the stormwater system is satisfactory subject to conditions recommended in Schedule 1. The proposed drainage system would not result in any additional stormwater flows onto the adjoining properties.

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

As the proposed cost of works is calculated to be over $100,000, Section 94A Contributions are to be levied and included in the conditions of consent.

3. ENVIRONMENTAL IMPACTS

3.1 Natural Environment

3.1.1 Biodiversity

Clause 6.4(3) of the HLEP states that before determining a development application the consent authority must consider whether the development is likely to have:

· Any adverse impact on the condition, ecological value and significance of the fauna and flora on the land, and

· Any adverse impact on the importance of the vegetation on the land to the habitat and survival of native fauna, and

· Any potential to fragment, disturb or diminish the biodiversity structure, function and composition of the land, and

· Any adverse impact on the habitat elements providing connectivity on the land, and

· Any appropriate measures proposed to avoid, minimise or mitigate the impacts of the development.

The desired outcomes of Part 1C.1.1 Biodiversity of the HDCP encourages “development that provides for the conservation of biodiversity including threatened species and populations, endangered ecological communities, remnant indigenous trees, regionally and locally significant vegetation” and “development that maintains habitat for native wildlife and wildlife corridors to provide for the movement of fauna species.”

The application was supported by a biodiversity report prepared by ACS Environmental dated July 2015 and an Arboricultural Impact Assessment Report prepared by Jack Williams, dated 24 July 2015.

In evaluating the submitted reports, the following specific issues were raised:

Bushfire Inner Protection Area Issues

In response to concerns about tree loss for the Asset Protection Zone, alternative tree removal selections were made to reduce the biodiversity impacts whilst complying with Planning for Bushfire Protection 2006. This included the retention of mature habitat trees including those containing habitat hollows.

Threatened Leptospermum deanei

The applicant’s ecologist has provided additional information including targeted surveys of the Leptospermum deanei plant. Vegetative samples at No. 77 Malton Road were collected and analysed during the plants flowering season. It was concluded that using known botanical identification features, the Leptospermum occurring on-site was considered to be the common Leptospermum trinervium, not the threatened Leptospermum deanei. Council’s assessment concurs that the plant species growing on the site is considered to be the common Leptospermum trinervium, not the threatened Leptospermum deanei.

Threatened Genoplesium baueri

The applicant’s ecologist has provided additional information including habitat and likelihood of occurrence assessment of this threatened species. The applicant’s ecologist has advised that the previous record of Genoplesium baueri recorded within the locality (10km radius of the site based upon the Bionet database) was recorded over 30 years ago (Peter Smith pers. comm). Council’s assessment concurs that it is unlikely the proposal will have a significant impact upon the local population of this species.

Gang-gang Cockatoo

The reduction in the number, condition and species of trees proposed for removal as part of the revised Asset Protection Zone inspection has demonstrated minimising the impacts of the development on this species. Potential habitat for this species (in the form of hollow-bearing trees) will be retained as part of the Inner Protection Area.

In summary, through the use of targeted surveys, plant identification techniques, retaining mature hollow bearing trees and multiple site visits by both Council officers and the applicant’s ecologist, it is unlikely that the proposal would have a significant impact upon threatened species, populations and endangered ecological communities listed under the Threatened Species Conservation Act, 1995.

Conditions of consent are recommended to restrict the location of building materials during construction, sediment control and cleaning of machinery prior to use on the site to avoid impacts on the protected vegetation and also require the appointment of a project ecologist to provide certification of the completion of bushland protection and regeneration works including weed removal and revegetation of the site.

Subject to a deferred commencement condition requiring the preparation of an Integrated Vegetation and Fire Management Plan and Construction Environmental Management Plan listing the trees to be retained, the provision of plantings and outlining the measures for protection of the undeveloped areas of the site in relation to flora and fauna and bushfire, the application meets the desired outcomes of Part 1C.1.1 Biodiversity of the HDCP and the objectives of Clause 6.4 Terrestrial Biodiversity of the HLEP.

3.1.2 Tree and Vegetation Preservation

Section 1B.6.1 and 2 of the HDCP outline the measures for the consideration of tree removal and vegetation work.

The application was supported by an Arboricultural Impact Assessment Report prepared by Jack Williams, dated 24 July 2015.

The application proposes the removal of 79 trees for the construction of the dwelling house, garage and driveway and the establishment of the asset protection zone required by the RFS. Of the trees to be removed, 68 trees are considered native with 40 trees to be removed for bushfire reasons and 14 trees within the building footprint. The remaining native trees to be removed are either dead or in poor condition.

Council’s assessment of the Arboricultural Impact Assessment report has determined that the removal of 79 trees as part of the development can be supported, subject to the remaining trees on the site being protected during the construction phase and compliance with the submitted landscape plan which specifies that 29 trees indigenous to Hornsby Shire will be planted in front of the building line to provide a vegetative privacy screen to adjoining properties to the south of the site. The availability for further replacement tree planting to offset the removal of the 79 trees is restricted by the large asset protection zone required by the NSW Rural Fire Service bushfire management objectives.

Conditions are recommended in Schedule 1 that require the implementation of appropriate tree sensitive construction techniques, the appointment of an Arborist and Ecologist to oversee tree removal and construction works and to carry out remedial action to ensure the health and protection of trees to be retained.

Subject to conditions, the proposal, on balance has an acceptable impact on the natural environment and achieves an outcome that retains a number of significant trees whilst facilitating the provision of additional housing consistent with the objectives of the residential zone. The proposal meets the desired outcomes of Section 1B.6.1 and 2 Tree and Vegetation Preservation of the HDCP and is considered acceptable.

3.1.3 Property Acquisition

An objection suggests that Council should acquire the subject property, as it is used for a walking track and to retain the significant bushland and wildlife corridor or create an easement for access to allow the public to use the walking track.

In regards to Council acquiring the subject property, the submitted Statement of Environmental Effects prepared by the owners concludes the following:

“There has been ample opportunity for the land to be acquired for public ownership prior to our purchase last year:

· The review of the 1988 subdivision proposal noted that given the land’s zoning, purchase of the land was the only way to prevent development.

· The remnant land was split in 1999 with half acquired for open space, and the remainder passed to the Public Trustee in 2008.

· The Trustee wrote to Hornsby Council in 2010 about the potential use of the land (the council replied it is suitable for building a single dwelling house).

· The subject land was offered for sale as a ‘development opportunity’ in early 2013 with a prominent sign on Malton Road. Later the land was offered for sale in conjunction with the vacant block to the west making a parcel over 1 hectare.”

The applicant proposes the construction of a single occupancy dwelling house on a vacant parcel of land in the low density residential zone. It would be unreasonable for Council to delay consideration of this application to search for options to take this land out of private ownership. The proposal that Council should acquire this parcel of land is not for assessment under the heads of consideration listed in Section 79C of the Environmental Planning and Assessment Act, 1979.

3.1.4 Byles Creek Walking Track

An objection suggests that the northern 10 metres of the site be dedicated as open space or public access be retained and protected by an easement as it is used for an informal walking track.

The existing informal walking track along Byles Creek traverses through the subject property at the rear of the site and follows the creeks southern bank.

The walking track follows Byles Creek and is located on public land with the exception of the subject property and Nos .79 - 87 Malton Road and ends at Malton Road.

The adjoining property Nos. 79-87 Malton Road, currently under an appeal in the Land and Environmental Court for the refusal of DA/94/2013 (subdivision of 1 lot into 5 lots), proposes to dedicate open space to Council which includes dedicating land adjoining the creeks southern bank for public access.

Council officer’s consulted with the applicant concerning the opportunity to create a right of access along the rear of the property to allow for the formalisation of the Byles Creek Walking track and provide a linkage between the subject property to Malton Road.

The applicant has subsequently advised that they are not prepared to take up this option for the following reasons:

· Would lose 300m² of land area,

· There is currently no Right of Way over the adjacent land at Nos. 79 - 87 Malton Road,

· Should not encourage people walking through an area of high biodiversity value as it will encourage the spread of weeds,

· The walking track is on private land,

· An easement creates uncertainty about responsibility and liability.

In summary, Council’s Section 94 Plan has identified the area for a formal walking track in the future. However, currently there are no draft plans for the walking track to be provided on the subject site.

3.2 Built Environment

Due to the 6,898m² size of the site and comparatively minor 343m² footprint of the dwelling house, which represents 5% of the site coverage for the site, the proposed development would have minimal impact on the character, privacy and amenity of the surrounding built environment and would be consistent with the established character of the area of detached dwelling houses on landscaped allotments.

3.3 Social and Economic Impacts

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

4. SITE SUITABILITY

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

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

4.1 Flooding

The desired outcomes of Part 1C.1.3 Watercourses of the HDCP states that “Watercourses such as creeks and rivers are to be retained and enhanced to promote the improvement and protection of the environment” and “native riparian vegetation areas are to be retained and enhanced and degraded riparian areas are rehabilitated.”

The site is mapped as flood prone land as the overland flowpath of Byles Creek, a tributary of the Lane Cove River, drains through the rear, north-eastern boundary of the site.

As the finished floor level of the dwelling house would be 5.7 metres above the level of the creek and approximately 28 metres from the edge of the creek, no detrimental flooding impacts are anticipated.

The proposal meets the desired outcomes of Part 1C.1.3 Watercourses of the HDCP 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 3 August and 17 August 2015 in accordance with the notification requirements of the HDCP. During this period, Council received ten submissions. One submission was received after the notification period.

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
5 SUBMISSIONS RECEIVED OUT OF MAP RANGE

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

· Habitat loss;

· Vegetation removal;

· Property acquisition;

· Parking;

· Devaluation of adjoining properties;

· Noise;

· Proximity to power lines;

· Bushfire requirements;

· Driveway design;

· View loss; and

· Excessive size of the dwelling.

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 Property Values

An objection raises concerns that approval of the development would have detrimental effects on property values in the area.

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

5.1.2 Parking

The desired outcome of Part 3.1.7 Vehicle Access and Parking of the HDCP 2013 is to encourage development “that provides sufficient and convenient parking for residents with vehicle access that is simple, safe and direct”.

An objection raises concerns that the development would place additional pressure on parking in Malton Road.

The dwelling house would provide 3 car spaces behind the building line, which complies with the minimum requirement for 2 spaces required under Part 1C.2.1(C) On Site Car Parking of the HDCP.

The proposal meets the desired outcome of Part 3.1.7 Vehicle Access and Parking of the HDCP and is considered acceptable.

5.1.3 Noise

An objection comments that the development would create unacceptable noise impacts.

As the application is for a single occupancy dwelling house in a low density residential zone, it is anticipated that the proposal would not give rise to excessive or offensive noise.

To address noise issues that may arise during the construction phase, a condition is recommended to limit the hours of use of noise generating machinery to comply with the relevant requirements of the Protection of the Environment Operations Act, 1997.

5.1.4 Power Lines

An objection raises concerns about the development being in close proximity to power lines.

A check of the plans has confirmed that the proposed dwelling would be located clear of any power lines.

6. THE PUBLIC INTEREST

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

The application is considered to have satisfactorily addressed Council’s and relevant agencies’ criteria 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 dwelling house would be in the public interest.

CONCLUSION

The application proposes a two storey dwelling house.

The development is considered to be an appropriate use of the land, notwithstanding the significant physical and environmental constraints.

The proposed development generally meets the desired outcomes of Council’s planning controls and is satisfactory having regard to the matters for consideration under Section 79C of the Environmental Planning and Assessment Act 1979.

Council received ten submissions during the public notification period. The matters raised have been addressed in the body of the report and where appropriate and relevant, conditions are recommended to minimise disruption to residential amenity.

Having regard to the circumstances of the case, approval of the application is recommended as a deferred commencement, noting that documentation with respect to an Integrated Vegetation and Fire Management Plan is required on environmental grounds as a pre-requisite to the issue of a construction certificate.

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

RESPONSIBLE OFFICER

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

Rod Pickles

Manager - Development Assessment

Planning Division

James Farrington

Group Manager

Planning Division

Attachments:

1.View	Locality Map
2.View	Site Plans
3.View	Landscape Plan
4.View	Floor Plans
5.View	Elevations
6.View	Shadow Diagram
7.View	Driveway Plans
8.View	Stormwater Plans

File Reference: DA/920/2015

Document Number: D06878713

SCHEDULE 1

GENERAL CONDITIONS

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

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

1. 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) Integrated Vegetation and Fire Management Plan

An Integrated Vegetation and Fire Management Plan must be prepared for the native vegetation (Blackbutt Gully Forest) surrounding the site and along Byles Creek. This Plan must address the management of the Asset Protection Zone for a minimum of 18 months commencing from the issue of the Construction Certificate. The Plan must include, but not be limited to the following:

i) Strategies to manage, maintain and conserve the bushland including:

a. On-going weed control and suppression using bush regeneration methods;

b. Habitat protection including hollow-bearing tree retention; and

c. The restoration of all disturbed areas using bush regeneration techniques.

ii) Strategies for management of the Asset Protection Zones in a manner that has the least impact on the natural environment and maintains indigenous vegetation for the benefit of the Byles Creek corridor function. This must be undertaken in consultation with the approved bushfire consultant report.

iii) Hand Removal of Bushfire Fuel:

a. Any clearing for bushfire protection within the approved Asset Protection Zones must be undertaken using manual methods including manual removal of dead timber, raking and removal of leaf litter (fine fuel), manual slashing of understorey vegetation such as a hand held brushcutter and other methods that ensure minimal environmental damage and erosion whilst maintaining the vegetation at a low fuel reduced state.

b. Indigenous vegetation including trees and shrubs must be retained in partially thinned scattered clumps to ensure the vegetation is non-continuous.

c. Underscrubbing is to retain 15 centimetres of groundcover vegetation (including grass and herbaceous species) and all vegetation greater than three metres in height is to be otherwise retained.

d. No removal of native vegetation is to occur within 10 metres of a natural watercourse.

e. Clearing is not permitted in bushland outside the asset protection zone.

f. No mulch or garden waste is to be deposited in bushland.

iv) Management of overhanging trees close to residential and open space areas.

v) Schedule of works including timeframes and responsibilities for management actions.

vi) Erosion, sediment and stormwater runoff controls including the management of impacts of run-off from all impervious surfaces including pavement areas. Management and maintenance of approved storm water drainage areas.

vii) Appropriate aerial map of the site including a weed map.

viii) Details of qualifications and experience of company preparing the plan which must be prepared by a qualified and experienced bush regeneration company/ bushfire consultant and which must be submitted to Council’s Natural Resources Unit for approval.

Note: Such information is to be submitted within 12 months of the date of this notice.

b) Construction Environmental Management Plan

The applicant is to prepare a Construction Environmental Management Plan which must be submitted to Council for approval. The plan must include the following:

i) Scaled survey plan of the site showing the development footprint in relation to the remnant trees and other bushland proposed for retention;

ii) Location of protective fencing (1.8m high cyclone mesh) installed around bushland areas proposed for retention and to be clearly delineated from building works areas;

iii) Location of tree protection fences for specific trees approved for retention;

iv) Location of temporary and permanent trenches required for installation of services;

v) Location and specification of sediment and erosion control fencing to prevent degradation of Byles Creek occurring immediately down-slope of the building site (in accordance with Council’s Blue Book – Sustainable Water Best Practices);

vi) Location of soil, mulch, waste and building material stock piles;

vii) Location of dedicated construction vehicle parking areas;

viii) Specifications of approved cut and fill;

viiii) Location of road-base only within the approved development foot print (i.e. driveway);

x) Notation describing ‘that no mulch is to be applied within remnant bushland areas’;

xi) Phytophthora management protocols;

xii) A qualified Arborist (AQF5 level) must supervise the severance of any roots greater than 40mm;

xiii) Notations describing that an ecologist must be on site during tree clearing works to ensure fauna is relocated. Prior to the approved removal of hollow bearing trees the applicant is to carry out the following actions to prevent harm to native wildlife:

ix) Provide environmental inductions to other civil works and building contractors working on the site.

Note: Such information must be submitted within 12 months of the date of this notice.

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

2. Approved Plans and Supporting Documentation

*Plan No.*	*Drawn by*	*Dated*
Site plan, Dwg No. DA.01	LT + Associates	4.6.2015
Floor plans, Dwg No. DA.02 &03	LT + Associates	4.6.2015
Elevations & Sections, Dwg No. DA.04 & 5	LT + Associates	4.6.2015
Site management & Shadow diagrams, Dwg No. DA.06	LT + Associates	4.6.2015
Tree location plan, Dwg No. DA.07	LT + Associates	4.6.2015
Landscape design, Dwg No.1	Jessica Nockolds	15/7/2015
Driveway plan, Project No. 1843M, Sheet 1-3	Nitma Consulting	2.07.2015
Drainage plan, Project No. 1843M, Sheet 1-2	Nitma Consulting	2.07.2015

*Supporting Document title*	*Prepared by*	*Dated*
Arboricultural Impact Assessment Report, Ref 15/07/24/MRB	Jack Williams	24 July 2015
Biodiversity report	ACS Environmental	July 2015
Bushfire Hazard Assessment Report, Ref No. 141079	Building Code and Bushfire Hazard Solutions Pty Ltd	9 June 2015

3. Removal of Existing Trees

a) This development consent permits the removal of seventy nine (79) trees numbered 1, 2 ,4, 11, 23, 24, 25, 35, 38, 39, 40, 41, 42, 43, 44, 45 ,46, 47, 48, 49, 52, 53, 54, 55, 56, 62, 63, 64, 65, 66, 73, 75, 76, 77, 78, 79, 80, 81, 82, 84, 85, 97, 98, 99, 100, 101, 102, 105, 106, 107, 108, 109, 110, 114, 115, 116, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 132, 133, 134, 135, 136, 137, 140, 143, 145, 150, 152, 156, & 158 as identified in the Arboricultural Impact Assessment (AIA), prepared by Jack Williams, dated 24-07-15.

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. Geotechnical Certification

Certification from a suitably qualified geotechnical engineer as to the stability of the slope in regard to the proposed design must be submitted to the principal certifying authority with the application for a construction certificate.

5. Section 94A Development Contributions

a) In accordance with Section 80A(1) of the Environmental Planning and Assessment Act, 1979 and the Hornsby Shire Council Section 94A Development Contributions Plan 2014-2024, $5,516.50 must be paid to Council to cater for the increased demand for community infrastructure resulting from the development, based on development costs of $550,000.

b) The value of this contribution is current as at 21 December 2015. If this 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.

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

6. Construction Certificate

a) 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 approved 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)

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.

9. Notification of Home Building Act 1989 Requirements

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

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

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

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

i) The name of the owner-builder; and

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

10. Sydney Water – Approval

This application must be submitted to Sydney Water for approval to determine whether the development would affect any Sydney Water infrastructure, and whether further requirements are to be met.

Note: Building plan approvals can be obtained online via Sydney Water Tap in^TMthrough www.sydneywater.com.au under the Building and Development tab.

11. Design and Construction - Bushfire Attack Category

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

b) The development proposal is to comply with the layout/site plan identified on the drawing prepared by LT+ Associates, Project number: 15LTA138, Drawing: DA. 01, dated 20/09/2015.

c) Property access roads must comply with section 4.1.3 (2) of 'Planning for Bush Fire Protection 2006'.

d) Water, electricity and gas are to comply with section 4.1.3 of 'Planning for Bush Fire Protection 2006'.

e) In recognition that the furthest part of the proposed dwelling for Lot 2, DP883724 is more than 70 metres from a fire hydrant, a 10, 000 litre fire-fighting water supply is required and a minimum of 3kW (5hp) petrol or diesel powered pump with a 19mm hose or hoses capable of reaching the entire perimeter of the dwelling and the following requirements:

i) The tank or tanks must be made of metal or concrete;

ii) The water supply must, where practical, be positioned no closer than 10 metres and no further than 20 metres from the dwelling;

iii) Adequate access to within 6 metres of a connection point to the dedicated water supply for a Category 1 bushfire tanker must also be provided;

iv) A 65mm Storz fitting and metal ball valve must be installed to the tank for connection to local fire service appliances; and

v) The gate or ball valve, pipes and tank penetration are to be adequate for a full 50mm inner diameter water flow through the Storz fitting.

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

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

12. Project Arborist

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

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

13. Project Ecologist, Bush Regeneration Consultant

The name and contact details of the consultants engaged to oversee the implementation of the Integrated Vegetation and Bushfire Management Plan and the Construction Environmental Management Plan are to be submitted to Council and the PCA.

14. Tree Protection Requirements

a) The name and contact details are to submitted to Council of a Project Arborist engaged to oversee the installation of all tree protection measures as specified in this consent and in accordance with Australian Standard AS 4970-2009 (1.4.4) and supervise the construction works with respect to ensuring that all trees required to be retained and protected.

b) The Project Arborist must have a level 5 AQF accreditation and be a member of the Tree Contractors of Australia or similar professional body.

15. Tree Protection Zone Fencing (TPZ)

a) Tree protection fencing must be installed around trees numbered 68, 72, 83, 111, and 117 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 Section 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.

16. Tree Trunk Protection

Trees numbered 3, 56, 117 and 142 must have their trunks protected in accordance with AS 4970-2009 Section 4.5.

17. Tree Protection Certification

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.

18. Marked Boundary of Asset Protection Zone

a) To ensure that the Asset Protection Zone requiring treatment is clearly defined as an area separate to retained trees and other native vegetation, the boundary of the Asset Protection Zone for bushfire protection must be marked with permanent metal stakes to prevent fuel reduction activities and vegetation clearing from encroaching into native bushland and the riparian zone.

b) The engaged bushfire consultant must confirm the locations of the APZ as specified within the Integrated Bushfire and Vegetation Management Plan.

19. 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.

20. Toilet Facilities

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.

21. Erosion and Sediment Control

a) 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.

b) 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.

22. Bushfire Management – Protection Zones

At the commencement of building works and in perpetuity, the land surrounding the proposed dwelling house must be managed as follows:

a) North-East for a minimum distance of 24 metres as an Inner Protection Area;

b) South-East for a minimum distance of 24 metres as an Inner Protection Area;

c) South-West for a minimum distance of 19 metres as an Inner Protection Area; and

d) North-West for a minimum distance of 19 metres as an Inner Protection Area.

Note: Requirements for an Inner Protection Area are outlined within section 4.1.3 and Appendix 5 of “Planning for Bush Fire Protection 2006” and the NSW Rural Fire Service’s document “Standards for asset protection zones”.

REQUIREMENTS DURING CONSTRUCTION

23. Construction Work Hours

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

24. Project Arborist

The Project Arborist as required to be appointed by this consent, must be present on the site whenever trees are being removed as permitted under this consent and during excavation works within 10 metres of any tree required to be retained to ensure:

a) All pruning is undertaken as specified in the Australian Standard ‘Pruning of Amenity Trees’ (AS 4373-2007); and

b) Protection of trees on development sites as specified in Australian Standard AS 4970-2009.

25. 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

26. 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) The Structural Root Zone of any tree required to be retained must remain intact

f) 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.

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

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

27. Bushland and Watercourse Protection Prior and During Construction

a) All works must comply with the approved Construction Environment Management Plan and Integrated Bushfire and Vegetation Management Plan.

b) A qualified and experienced bushfire consultant must tag the trees approved for removal as part of the Asset Protection Zone. Bushland protection and sediment control fencing type and location (as specified in the Construction Environment Management Plan) must be maintained and remain in place during the entire period of the construction works.

28. Removal of Hollow Bearing Trees

Prior to the approved removal of hollow bearing trees, the Project Ecologist is to carry out the following actions to prevent harm to native wildlife:

a) Capture wildlife from the hollows with traps set at a minimum one or two nights prior to tree removal;

b) Any wildlife captured must be relocated locally into a nesting box;

c) Arrange for a Wildlife Carers Organisation to be present on site during tree felling to assist in the event of fauna injury due to the presence of tree hollows that provide habitat for native fauna;

d) Ensure the trees are removed in sections by a qualified Tree Surgeon just prior to dusk when roosting animals would be alert and likely to disperse ‘naturally’ from the site;.

e) Ensure that trees are knocked several times (with a hammer etc.) to alert any roosting animals of the possibility of danger.

f) Ensure that all tree hollows are be examined prior to and immediately after their removal to ensure roosting animals are free from danger.

Note: Information Note: WIRES (Wildlife Rescue) volunteers can be contacted on (02) 8977 3333 or Wildlife Services Sydney Metropolitan volunteers can be contacted on (02) 9413 4300. Information on animal nesting boxes can be gained from WIRES, Kalkari Information Centre in Ku-Ring-Gai Chase National Park, or Birds Australia web site – www.birdsaustralia.com.au

29. Environmental Management

The site must be managed in accordance with the publication ‘Managing Urban Stormwater – Landcom (March 2004) and the Protection of the Environment Operations Act 1997 by way of implementing appropriate measures, to prevent sediment run-off, excessive dust, noise or odour emanating from the site during the construction of the development.

30. Landfill

Any landfill imported to the site must be in accordance with Council’s ‘Construction Specification 2005’.

31. Council Property

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

32. Disturbance of Existing Site

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

33. 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.

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.

34. Fulfilment of BASIX Commitments

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

35. Planting

a) Replacement planting must be completed in accordance with the approved landscape plan.

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

36. Weed Control and APZ Establishment and Maintenance

To ensure that exotic weeds and lawn do not become invasive in the bushland on the site, all works must comply with the approved Construction Environment Management Plan AND Integrated Bushfire and Vegetation Management Plan.

37. Project Arborist – Final Certification

Following the final inspection and the completion of any remedial works, the Project Arborist must submit to Council and 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.

38. Certification of Integrated Bushfire and Vegetation Management Plan

Certification by the project ecologist, bush regeneration consultant must be submitted to Council and to the Principal Certifying Authority documentation confirming that works have been completed on site in accordance with the Integrated Bushfire and Vegetation Management Plan prior to issue of the Occupation Certificate.

39. 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, 3727 and the following requirements:-

a) Design levels at the front boundary shall be obtained from Council via separate application to Council for Crossing Levels;

b) The Crossing Levels are to be used to design the driveway long-section;

c) The driveway be a rigid pavement;

d) The driveway grade must not exceed 25 percent and transitions for changes in grade must not exceed 8 percent per plan metre;

e) The pavement have a kerb to one side and a one-way cross fall with a minimum gradient of 2 percent and kerb inlet pits provided on grade and in low points, as strip drainage systems are susceptible to frequent blockage;

f) Retaining walls required to support the carriageway and the compaction of all fill batters to be in accordance with the requirements of a chartered structural engineer;

g) The provision of safety rails where there is a level difference more than 0.3 metres and a 1:4 batter cannot be achieved;

h) The bend in the proposed driveway must provide for design and construction of a drainage system to permit upstream property sheet flows to bypass the internal drainage system and level distribution of flows downstream;

i) Conduit for utility services including electricity, water, gas and telephone must be provided.

j) Any/all existing overhead assets including electricity and telecommunications cabling must be relocated underground;

k) A turning area to service the proposed dwelling –house in accordance with Australian Standards AS 2890.1, to ensure vehicles can enter and leave the site in a forward direction;

l) Construction of pedestrian access must be designed and constructed to prevent slip and fall with the future access driveway; and

m) Pedestrian grades steeper than 12.5% must be provided with surface texturing, brushing or cleats to satisfy Class V: R11 ramps in accordance with AS 4586-2004 Clause 5.2.

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

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

ii) The trench or trenches must be laid on contour;

iii) The stormwater drainage system must be designed by a qualified hydraulic engineer; and

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

41. Vehicular Crossing

a) 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.

b) The vehicular crossing must be constructed in accordance with Council’s Civil Works Design 2005 and the following requirements:

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

ii) The footway area must be restored.

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.

42. Damage to Council Assets

43. Retaining Walls

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

- END OF CONDITIONS –

ADVISORY NOTES

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

Environmental Planning and Assessment Act 1979 Requirements

The Environmental Planning and Assessment Act 1979 requires:

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

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

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

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

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

Long Service Levy

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

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

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

Tree and Vegetation Preservation

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

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

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

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

Dial Before You Dig

Asbestos Warning

www.environment.nsw.gov.au

www.nsw.gov.au/fibro

www.adfa.org.au

www.workcover.nsw.gov.au

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

Telecommunications Act 1997 (Commonwealth)

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